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ORD 40025 - Interlocal Papillion Creek Watershed Partnership 0/4 NH A,A,E 7o 'i' , R,, Public Works Department ' ti)x Omaha/Douglas Civic Center t� � �� 1819 Farnam Street,Suite 601 fzoat June 10, 2014 o = : Omaha,Nebraska 68183-0601 to��-0 (402)444-5220 7TED FEBR4''b Fax(402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is an Ordinance approving an Amended Interlocal Agreement between the City of Omaha and the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA,Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being referred to collectively as "the Papillion Creek Watershed Partnership," or "the Partnership" regarding the implementation of the updated regional Watershed Management Plan. This Agreement, as is being concurrently approved by all parties, sets out responsibilities of the Partnership in regard to regional management of water quality and flood control through the Papillion Creek watershed. It contains specific items within the updates to the Watershed Management Plan which would require amendments to the City's Master Plan for full implementation. These amendments went before and were passed by the Omaha Planning Board in May 2014. This Agreement would be in effect for a five-year period, commencing July 1, 2014, and sets out a 50.8% cost share by the City of Omaha, being the largest presence in the region. This corresponds to an initial cost share amount of $187,500, which will be paid from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization 128026. The Public Works Departments request your consideration and approval of the attached Ordinance and Amended Interlocal Agreement. Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. c-?,.,.. ,..„ b_ z_,5/ Robert G. Stubbe, P.E. Date fPlanning mes Thele Date Public Works Director Director Approved as to Funding: Referred to City Council for Consideration: /gCt 6/0/ __ _:,,,,,_6t,--c4.4., cf /44,,.._0,,L Step en B. Curtiss Date Mayor's Office Date Finance Director 2088htp ORDINANCE NO. AN ORDINANCE approving an Amended Interlocal Agreement between the City of Omaha and the following parties, to-wit: the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being referred to collectively as "the Papillion Creek Watershed Partnership," or "the Partnership" involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended, for a five-year term commencing July 1, 2014; to designate a representative of the City of Omaha to the Partnership Executive Committee; to authorize the Finance Department to pay the cost share to the Partnership as called for in such amended agreement, including an initial contribution of $187,500 from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization 128026; to amend the Master Plan of the City of Omaha to incorporate plans contained within the Amended Interlocal Agreement; and to provide an effective date hereof BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council of the City of Omaha hereby approves the Amended Interlocal Agreement between the City of Omaha and approving an Amended Interlocal Agreement between the City of Omaha and the following parties, to-wit: the CITY OF BELLEVUE,Nebraska; the VILLAGE OF BOYS TOWN,Nebraska; the CITY OF GRETNA, ORDINANCE NO. S� PAGE 2 Nebraska; the CITY OF LAVISTA,Nebraska; the CITY OF PAPILLION,Nebraska; the CITY OF RALSTON,Nebraska; the COUNTY OF SARPY,Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being referred to collectively as "the Papillion Creek Watershed Partnership," or"the Partnership," which by this reference is made a part hereof, that outlines the terms and conditions under which Omaha and the PMRNRD, will participate in the implementation of an updated regional watershed management plan for a five- year period commencing July 1, 2014. Section 2. The Finance Department is authorized to make payments to the PMRNRD for this project involving appropriations of more than one year, which is authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended. Section 3. That the Environmental Services Manager of the City of Omaha is authorized to represent Omaha on the Partnership's Executive Committee and to cast Omaha's vote on any Partnership action items within the scope of the Partnership's mission, goals and authorized funding level as defined in the Agreement. Section 4. That the City of Omaha shall make payments to the Partnership for the City's cost share, beginning with an initial contribution of$187,500 and continuing according to the disbursement terms outlined in the Agreement, which will be paid from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization 128026. Section 5. That the Master Plan of the City of Omaha is hereby amended to incorporate the plans contained in the Agreement. Section 6. That this Ordinance, being administrative in character shall take effect and be in full force upon the date of its passage. ORDINANCE NO. 16,a. 2. ' PAGE 3 INTRODUCED BY COUNCILMEMBER Ar, zzakt. APPROVED BY: T/CAL_- -(6—LEA. MAYOR OF THE CITY OF OMAHA IVAT1' PASSED JUN i2 4 2014 7-b ATTEST: CI CLERK O THE CITY OF OMA DA E/ APPROVED AS TO FORM: Ply\ Y f 7 , �fa CITY ATTORNEY DATE 2087htp INTEROFFICE MEMORANDUM Planning Department DATE: May 7, 2014 TO: Planning board Chairperson and Members FROM: James Thele, Planning Director SUBJECT: Amendments to the Stormwater Element of Omaha's Master Plan— BACKGROUND 1. Context and process: As the result of a regional effort to establish a plan for management of water quality and flood control in the Papillion Creek watershed, a Stormwater Element was added to Omaha's Master Plan in June of 2006 and amended in June of 2009. Since 2009,Omaha has continued to work with regional stakeholders through the Papillion Creek Watershed Partnership (PCWP)to review the policies that were originally adopted, update the Watershed Management Plan and develop a new specific five year Implementation Plan. As part of the renewal of the Interlocal Agreement that defines the PCWP and its mission,the member communities(Bellevue, Boystown, Gretna, La Vista, Omaha, Papio-Missouri River NRD, Papillion, Ralston, and Sarpy County) are being asked to adopt the revised watershed plans. No changes to the policies were recommended. 2. Master Plan Amendments: a. Changes to the Watershed Management Plan The map on Exhibit E has been updated to reflect the construction since 2009 of the regional reservoirs WP-5 and DS-15A. Status of 2009 Implementation Plan for Years 2011-2013 Original Structure Name Changes From 200;9-Plan Current Status WP-RB5 Renamed to WP-5 Under Construction; Est.June 2014 Completion WQ-RB5-1 Revised to Two Basins:WQ-WP-5N Under Construction; Est.June 2014 and WQ-WP-5S Completion DS-15A None Under Design; Est. Fall 2014 WQ-15A-1 Revised to One Basin: WQ-15A Construction Start and 2015 WQ-15A-2 Completion. WQ-Zorinsky 1 None Design Complete; Est.2014 Construction Start and Completion WQ-CL-6 Not Constructed Due to Lack of Deferred Development Interest b. New 5-year Implementation Management Plan The map on Exhibit F shows the approximate locations of elements of the Watershed Management Plan that the Partnership recommends for design and construction between 2014 and 2018. Those elements have an estimated total cost of$18M and are comprised of 2 regional detention basins. The intent is that the Implementation Management Plan be reviewed and updated in 3 to 5-year increments and that the Interlocal Agreement be amended to reflect additional phases of work as they are needed. 3. Implementation: In addition to the execution of the extension of the Interlocal Agreement, amendment to Sections 32 of the Omaha Municipal Code are included to implement the Watershed Management fee system by including a rate schedule for the Papio-Missouri River NRD fiscal years 2014-2018.The rate structure needed to be adjusted to meet the goal of 1/3 of structural project costs funded through the Watershed Fees and 2/3 of structural project costs funded by the NRD and to provide for inflation moving forward. ANALYSIS The intent of the PCWP is to establish regionally common goals and development standard to address stormwater quality and quantity issues in a consistent, effective and efficient manner.The refinements contained in the proposed policies and plans are another incremental improvement in regional public health safety and quality of life. RECOMMENDATION Approval of the proposed amendments to the Stormwater Element of the Omaha Master Plan. INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP THIS INTERLOCAL COOPERATION ACT AGREEMENT (hereinafter referred to as "this Agreement") is intended to create a voluntary mechanism for the purpose of addressing important subjects of concern to the interested governments (hereinafter referred to as "the Interested Governments") situated in whole or part within the watershed of the Papillion Creek (hereinafter referred to as "the Watershed"), the Interested Governments consisting of the following governmental entities, to-wit: the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF OMAHA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO- MISSOURI RIVER NATURAL RESOURCES DISTRICT; provided, however, this Agreement is made and entered as an Interlocal Cooperation Act Agreement by and among only those of the Interested Governments which have duly executed this Agreement at the foot hereof, such signatory entities (hereinafter referred to collectively as "the Parties," "the Papillion Creek Watershed Partnership" or "the Partnership"), thus signifying the intent of the Parties to act, and contribute their resources, as members of the "Papillion Creek Watershed Partnership," which is hereinafter defined and described. WHEREAS, the Partnership originally was formed through an Interlocal Cooperation Act Agreement dated on August 1, 2001 (hereinafter referred to as the "Initial Agreement"), and expiring on July 31, 2004. An Interlocal 1 Cooperation Act Agreement for Continuation of the Papillion Creek Watershed Partnership was approved by the Parties in 2004 and 2009, effective July 1, 2004 and July 1, 2009 respectively, for a period of five years from and after theirits effective date. WHEREAS, the Partnership has accomplished the assessment of existing water quality and quantity conditions, the cooperative preparation of NPDES Phase II Permit applications, the submittal of multiple grant applications, the analysis of additional flood control and the support of storm water utility legislation. The Partnership coordinated these issues at monthly meetings of its members' representatives. The progress of Partnership activities was presented to the public at meetings and on a website (www.papiopartnership.org); WHEREAS, the Partnership was instrumental in the preparation of the "Partnership NPDES Phase II Storm Water Management Plan" for the Watershed, (hereinafter referred to as the "SWMP") a true and correct copy of which is attached to this Agreement as Exhibit "A" and incorporated herein by this reference; WHEREAS, by the members of the Partnership continuing to act in concert and proposing, enacting and implementing common standards, there will be continued increases in effectiveness and in cost-sharing capability within the Partnership, particularly in the capability to implement the SWMP and to address federally-imposed requirements and mandates which are imminent and which must be funded locally; WHEREAS, other premises that justify the continuation of the Partnership still exist, including, without limitation, that: • The Papillion Creek does not meet water quality standards specified by the State of Nebraska; 2 • The City of Omaha has a current Federal mandate to reduce combined sewer overflows; • The Watershed has not had a major widespread storm event since the 196o's; • The hydrology of the Watershed for the Flood Insurance Study -will continue to need to be updated(latc 197o's) is out of date; • Urbanization of the Watershed and associated impervious area have increased dramatically since the 6o's and 7o's; • Deposition is occurring in Watershed reservoirs at unacceptable rates; • Currently there is inadequate funding to address storm water quantity and water quality problems within the Watershed; • The benefits of reducing existing and future flood impacts in the Watershed include: decreased public and private property damages, reduced potential loss of life, lower flood insurance costs, decreased cost to taxpayers and public agencies for flood disaster relief; • Improvement of water quality in streams and reservoirs will result in increased fish, aquatic, and riparian habitat; recreational improvements, reduction of reservoir operation and maintenance costs; and improved aesthetics; • Potential increased recreational opportunities from the work of the Partnership could include: green spaces (picnic areas, outdoor activities), boating, canoeing, fishing, trail systems, riparian areas for bird watching, nature hikes, education, wildlife viewing, etc.; • Techniques which could be employed by the Partnership include: implementation of low impact development techniques and other green infrastructure to address stormwater quality and quantity issues; 3 facilitation of multi-use storm water structures; pursuing establishment of stormwater utility enabling legislation; minimization of future fill and construction in the FEMA-designated floodplain/floodway in the Papillion Creek Watershed; implementing better site design that minimizes impervious surfaces, utilizes techniques to mimic natural hydrology, and approximates pre-development runoff conditions; updating hydrology to 2001 and 2040; formulating a master drainage plan for the Watershed; providing adequate construction and maintenance funding; buy- outs/relocations of structures in flood prone areas; providing increased upstream flood storage; enhancing public education and outreach; implementation of new construction site management practices; development of new development/redevelopment standards; implementation of an illicit discharge program; enhance environmental aspects of public street maintenance; reducing the environmental impacts of herbicide, pesticide, and fertilizer application; developing a water quality and quantity monitoring program; developing an industrial site inspection program; construction of retention/detention ponds designed for both water quantity and quality; restoration, creation and enhancement of wetlands; preservation of riparian areas; environmental restoration of streams; creation of buffer strips; use of grassed swales for drainageways; updating of design and construction standards; application of standardized ordinances/regulations throughout the Watershed; and, implementation of new set back ordinance/regulation and open drainage requirements; • Standardization of the construction development permit process would reduce liability to landowners from flooding and erosion problems and reduce sediment runoff during construction; 4 • Continuation of a coordinated effort will improve compliance with federal, state, and local regulations, WHEREAS, in carrying out its mission, the Partnership will work cooperatively with, but not limited to, the U.S. Army Corps of Engineers, the Metropolitan Area Planning Agency, the USDA Natural Resources Conservation Service, the Nebraska Game and Parks Commission, the Nebraska Department of Environmental Quality, the Nebraska Department of Natural Resources, the University of Nebraska, the University of Nebraska Cooperative Extension, and State and County Health Departments, WHEREAS, as part of implementing the federally-imposed NPDES requirements where necessary, and to address stormwater management on a watershed-wide basis, a Watershed Management Plan, Implementation Plan and Stormwater Management Policies (hereinafter referred to collectively as the "Plans and Policies") were developed through a community-based process involving the development community, Partnership members, public agencies, non-profit organizations, other stakeholder groups and the general public. The Plans and Policies developed through the Partnership consist of six (6) Policy Groups, headed as follows: #1 Water Quality #2 Peak Flow Reduction #3 Landscape Preservation, Restoration, and Conservation #4 Erosion and Sediment Control and Other BMPs #5 Floodplain Management #6 Storm Water Management Financing and the texts of the Stormwater Management Policies are attached hereto as Exhibit "B" and incorporated herein by this reference. 5 WHEREAS, The Plans and Policies are intended to be adopted, in total, by the respective members of the Partnership, using their respective land use review and adoption processes (typically reviewed by a Planning Commission or Board and then review and adoption by the elected Board or Council); provided this agreement is not meant to limit any jurisdiction from adopting comparable or more stringent Stormwater Management Policies, regulations, or ordinances. NOW, THEREFORE, in consideration of the foregoing recitals and their mutual covenants hereinafter expressed, the members of the Partnership agree as follows: i. Authority: This Agreement is an agreement for collective and cooperative action made pursuant to authority provided in the Nebraska Interlocal Cooperation Act (Neb. Rev. Stat. §13-8o1, R.R.S., 1943, et seq.), without a separate entity being created, and, whenever possible, this Agreement shall be construed in conformity therewith. 2. Mission: It shall be the mission of the Partnership to address issues related to surface water quality and storm water quantity in the Watershed by establishing and implementing regionally common goals and standards for the development of the Watershed through 2040. 3. Applicability: Members of the partnership having jurisdiction over land area outside the physical boundaries of the Watershed expect and intend that planning activities within the Watershed for projects of the Partnership will, insofar as feasible, apply universally to all such land areas as though they were located physically within the Watershed unless specifically excluded by the respective partnership member. 4. Goals: The Partnership shall have as its goals: 6 a) Assisting the parties that have NPDES stormwater permits in the implementation of those elements of the SWMP and other programs and projects that are reasonably and feasibly undertaken by collective action of the Partnership; b) Compliance with Federal, State, and local storm water quality and quantity regulations; c) Improvement of water quality in the Watershed's streams and reservoirs; d) Increased water-based recreational opportunities that result from water quality improvements in existing streams and reservoirs and associated improvements in quality of life; e) Standardization of the construction development process and evaluation of its effectiveness; f) Assessment and characterization of current water quality and quantity conditions for the watershed; g) Storm Water Management Plan update; h) Environmental compliance; i) Sediment and erosion control; j) Floodplain management; and, k) Development of and updates to the Plans and Policies. 5. Executive Committee: The members of the Partnership shall establish an Executive Committee consisting of one representative from each entity that is a member of the Partnership. Each representative shall have one vote and all actions of the Executive Committee shall require a recorded vote. A quorum (at least 5o% of members) must be present for any action requiring a vote. Unless otherwise specified, a simple majority of those members present shall be required for approval of any proposed 7 action. It is understood that the authority of each Executive Committee member to act on behalf of his/her respective elected board or council shall be defined by that member's respective board or council. A thirty day Committee members to seek direction from his/her elected board or council if required. 6. Administering Agent: The Executive Committee designates the Papio- Missouri River Natural Resources District (hereinafter referred to as the "NRD"), or other member of the Partnership which is willing to serve in such capacity, as Administering Agent to administer this Agreement. The Administering Agent serves at the pleasure of the Executive Committee and performs duties assigned by the Executive Committee, which may include, without limitation: a) Seeking any state legislation which a majority of the parties to this Agreement determine necessary to support the work of the Partnership; b) Designating such personnel and assistance which shall be deemed desirable to support the work of the Partnership; c) Preparing, presenting and distributing educational materials; d) Organizing meetings of members of the Partnership and interested persons to share knowledge and compare projects and programs of all involved; e) In July of each year, set meetings for one year and post those meeting dates to the Partnership website and email to the Partnership members and others. f) RecordReeerd-eaeli-PaYtnership-meetifig-aftd-Etarepare written minutes of the action items and record votes for each meeting. 8 g) Post Partnership meeting agendas +-days prior to meeting date on Partnership website. Action items involving an expenditure of funds may not be added to an agenda following its posting. h) Preparing reports on the work of the Partnership; i) Entering into contracts on behalf of the Partnership as the Executive Committee directs for the performance of specific actions consistent with both the goals of this Agreement and the respective missions of members of the Partnership; j) Holding and maintaining the Partnership Fund, calculating the amount of money necessary to be raised by contributions each year in order to carry out the work of the Partnership, and making requests for contributions from the members of the Partnership, all as the Executive Committee directs; k) Disbursing the Partnership Fund as directed by the Executive Committee and reimbursing members of the Partnership for expenditures made on behalf of the Partnership or for the reasonable value of activities performed on behalf of the Partnership, as reasonable value is determined by the Executive Committee. Provided, however, and notwithstanding any provisions of this agreement to the contrary, when a member of the Partnership is acting as the Administering Agent under this Agreement and administering the directions, recommendations and requests of the Executive Committee, the governing body of the Administering Agent has the authority to make such determinations and take and implement such actions as such governing body, in its sole discretion, determines lawful, feasible and reasonable. 7. Implementation. The Partnership intends and agrees that the elements of the SWMP, the Plans and Policies, and other beneficial programs and 9 projects meeting the mission and goals of this Agreement, will be implemented as follows: a) Responsibility for implementation of an element of the SWMP therein identified solely for individual action by a Partner will rest with the respective member(s) of the Partnership upon whom the primary duty to implement such element has been imposed by law or regulation. Regulations or ordinances implementing elements of the SWMP and the Plans and Policies will be adopted by each member of the Partnership as appropriate. The provisions of such regulations or ordinances shall indicate the geographic jurisdictional limits to which such regulation or ordinance shall apply. This agreement is not meant to limit any jurisdiction from adopting comparable or more stringent Stormwater Management Policies, regulations, or ordinances. b) Subject to the availability of funds, implementation of those elements of the SWMP therein identified for action by the Partnership or individual partners and identified in the table attached hereto as Exhibit "C" and incorporated herein by reference shall be voluntarily undertaken by the Partnership collectively; provided, however, no voluntary collective undertaking by the Partnership shall be deemed to relieve a member of the Partnership of a primary duty imposed upon such member by law or regulation. c) Any elements of the SWMP, alternatively, may be voluntarily undertaken by the Partnership collectively if the Executive Committee determines that such course of action is reasonable and feasible. d) If the Executive Committee determines that such course of action is reasonable and feasible, the Partnership may voluntarily and io collectively undertake beneficial programs and projects meeting the mission and goals of this Agreement. 8. Funding: Funding shall be administered as follows: a) The Partnership Fund, established by the Initial Agreement, shall continue to be held by the Administering Agent in an interest- bearing account in trust for the members contributing thereto, in proportion to their contributions, and shall be expended as the Executive Committee directs to meet the mission and goals of this Agreement, establishing mechanisms for long-term funding and authorization for additional planning and implementation of such programs and projects, and for performance of other activities described in this Agreement. The Partnership Fund shall be funded and administered as follows: i) On or before the first day of July after the effective date of this Agreement, each member of the Partnership shall make a contribution to the Partnership Fund in the amount shown, opposite such member's name, in the second column of the table attached hereto as Exhibit "D" and incorporated herein by reference (such amount hereinafter being referred to as the "Maximum Annual Contribution" for such member). For subsequent years during the term of this Agreement, the Administering Agent shall request annual contributions from the members of the Partnership in the amounts necessary to carry out the work of the Partnership, the amounts of such subsequent-year contributions to be determined by the Administering Agent prior to the first day of June of such subsequent year and paid by the members of the Partnership 11 before the first day of July of such subsequent year. These subsequent-year contributions shall be proportional to such members' first year contributions to the Partnership Fund, provided, however, in no case shall any such requested annual contribution exceed the amount of such member's Maximum Annual Contribution. ii) Each year during the term of this Agreement, and from time to time as any member of the Partnership may reasonably request, the Administering Agent shall furnish to the members of the Partnership written statements of the condition of the Partnership Fund. iii) Grants or contributions made by non-members of the Partnership shall not be deemed to offset or diminish the obligations of the members of the Partnership under this Agreement. iv) If any member of the Partnership fails to contribute to the Partnership Fund as requested pursuant to this Agreement, such member's involvement and membership in the Partnership shall be terminated upon written notice of termination given by the Administering Agent to such member. b) The Watershed Fund shall be comprised of Watershed Management Fees and NRD general property tax dollars to equitably distribute the capital cost of implementing structural water quality and quantity controls among new development or significant redevelopment within the watershed and to the general public. Based on an initial framework and rates set for Watershed Management Fees 12 (hereinafter referred to as "Watershed Fees") defined in Policy Group #6 in the Stormwater Management Policies, the Partnership does hereby agree to implement the Watershed Management Plan and Implementation Plan, , attached hereto as Exhibit "E" and Exhibit "F" respectively, and both incorporated herein by reference, or as may be amended in three (3) to of-five (5) year increments through provisions in this Agreement, as follows: i) The cities of BELLEVUE, GRETNA, LAVISTA, OMAHA, PAPILLION and RALSTON, and the County of SARPY (all hereinafter referred to collectively as "zoning jurisdictions") agree to collect Watershed Fees from new development or significant redevelopment within the Papillion Creek Watershed, such Watershed Fees to be collected and earmarked specifically for construction of regional detention structures and water quality basins, as follows, to-wit: a) Each zoning jurisdiction shall adopt a regulation or ordinance authorizing the collection of the Watershed Fees, according to Exhibit G or as specified in a previous agreement, for new development and significant redevelopment and authorizing the transfer of such fees to the NRD, consistent with the provisions of this Agreement. Developing subdivisions platted prior to 200q may be exempt from collection of Watershed Fees. b) Each zeni'ng"j'urisdictie shn l incl do i its subd vis �.a,avaa Ua■ , or other agreements with developers for new developments or significant redevelopments, the right to collect Watershed Fees at the time of building permit 13 issuance pursuant te, and -consistent with, the provisions of this Agreement. The Watershed Fee specified in a subdivision agreement shall not be changed after such subdivision agreement has been be „hargea be€ere all build" st ��-- --been c) On or before July 1st of each calendar year, each zoning jurisdiction shall remit to the NRD the Watershed Fees paid to or collected by such zoning jurisdiction on or before June 1st of such calendar year. Such Watershed Fees received by the NRD shall be held by the NRD in a separate, interest-bearing account, to be known as the "Watershed Fund," in trust for the members of the Partnership contributing thereto in proportion to their contributions, earmarked specifically for construction by the NRD of regional detention structures and water quality basins and expended by the NRD as further provided in this Agreement. d) Each zoning jurisdiction shall, in general, adopt a framework consisting of three Watershed Fee classifications, to-wit: (1) "Single Family Residential Development" (generally consisting of single-family and multi- family dwelling units up to 4-plexes, or as otherwise determined by the zoning jurisdiction). i4 It is assumed that the density of single family development will be 2., residential units per acre. Watershed Fees shall be assessed at an initial rate of $75o per dwelling unit or equivalent prorated average area of lot basis; as shown in the table in Exhibit G Exhibit C and, (2) "High-Density Multi-Family Residential Development" (consisting of other multi-family residential dwelling units determined by the local zoning jurisdiction to represent High density development) shall be assessed at an initial rate of $3,30o per gross acre as shown in the table in Exhibit G as shown per the schedule in Exhibit C and shall be proportionately indexed to "Single Family Residential Development" in terms of the potential to generate stormwater surface runoff. Such "High-Density Development" Watershed Fees shall be 1.25 times "Single Family Residential Development" Watershed Fees when considered on an estimated dwelling unit per gross acre basis. (3) Commercial/Industrial Development shall be assessed at an initial rate of$4,00o per gross acre as shown in the table in Exhibit G and shall be proportionately indexed to "Single Family Residential Development" in terms of the potential to generate stormwater surface runoff. �5 Such Commercial/Industrial Watershed Fees shall be 1.5 times "Single Family Residential Development." e) At approximately three (3) to five (5) year intervals, the Partnership and the development community shall review the Watershed Fees framework and rates, the Watershed Management Plan and the Implementation Plan with respect to availability of needed funds and rate of development within the Watershed. Subsequent changes to the Watershed Fees framework and rates, Watershed Management Plan and Implementation Plan, indicated by such review, shall be subject to formal approval by the respective local zoning jurisdictions and the NRD. ii) The NRD agrees, subject to the availability of funding, to construct the regional detention structures and water quality basins in accordance with the Watershed Management Plan and Implementation Plan as follows: a) The NRD shall establish a Watershed Fund and utilize the Watershed Fees received to pay approximately one- third (1/3) of required capital costs of constructing the regional detention structures and water quality basins, including the cost of obtaining necessary land rights. The remaining approximately two-thirds (2/3) of such capital costs shall be paid by the NRD from the proceeds of its general property tax levying authority and from 16 contributions from developers and other cooperators that the NRD may be able to obtain. 9. Title to Property. Title to any tangible property (e.g., monitoring equipment) obtained using funds contributed by members of the Partnership pursuant to this Agreement shall be held in the name of the Administering Agent in trust for the members of the Partnership in proportion to their total contributions to the Partnership Fund and Watershed Fee Fund. io. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterpart copies of this Agreement, as executed, shall be maintained as part of the records of the Administering Agent. 11. Effective Date: This Agreement shall become effective on August July 1, 20092014. 12. Duration of Agreement: This Agreement shall be in effect for a period of five (5) years from and after its effective date. 13. Termination. Involvement of any member of the Partnership with the Partnership, and responsibilities under this Agreement, may be terminated by such member without cause effective upon 6o days written notice to the other members of the Partnership. Termination of a member's involvement with the Partnership pursuant to this Agreement shall not operate to terminate this Agreement nor shall it affect any rights obtained under this Agreement, prior to such notice of termination being given, for costs incurred or moneys advanced, or for actions taken or responsibilities 17 assumed, by another member of the Partnership during the term of and pursuant to this Agreement. 14. Additional Planning and Implementation. The members of the Partnership may amend or supplement this Agreement from time to time as may be deemed necessary to provide long-term funding and authorization for additional planning and implementation of beneficial programs and projects to meet the mission and goals of this Agreement. IN WITNESS WHEREOF, this Agreement is entered into by the members of the Partnership pursuant to resolutions duly adopted by their respective governing boards. [Signature page(s) next] is INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of Bellevue, Nebraska on this day of , 2o4eg• THE CITY OF BELLEVUE, NEBRASKA BY MAYOR Attest: CITY CLERK 19 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the Village of Boys Town, Nebraska on this day of 20489• THE VILLAGE OF BOYS TOWN, NEBRASKA BY CHAIRMAN, VILLAGE BOARD Attest: VILLAGE CLERK 20 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of Gretna, Nebraska on this day of , 201499. THE CITY OF GRETNA, NEBRASKA BY MAYOR Attest: CITY CLERK 21 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of LaVista, Nebraska on this day of 2O 4e9. THE CITY OF LAVISTA, NEBRASKA BY MAYOR Attest: CITY CLERK 22 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of Omaha, Nebraska on this cZAday of C , 20 1.409. THE CITY OF OMAHA, NEBRASKA BY MAYOR Attest: Cfl‘LEI-(K. APPROVED AS TO FORM: ( i ,(6( DEPUTY CITY AT;: 23_Y 23 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of Papillion, Nebraska on this day of , 201499. THE CITY OF PAPILLION, NEBRASKA BY MAYOR Attest: CITY CLERK 24 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the City of Ralston, Nebraska on this day of , 2oie9. THE CITY OF RALSTON, NEBRASKA BY MAYOR Attest: CITY CLERK 25 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the County of Sarpy, Nebraska on this day of , 2 01499. THE COUNTY OF SARPY, NEBRASKA BY CHAIRPERSON, COUNTY BOARD Attest: COUNTY CLERK 26 INTERLOCAL COOPERATION ACT AGREEMENT FOR CONTINUATION OF THE PAPILLION CREEK WATERSHED PARTNERSHIP SIGNATURE PAGE Executed by the Papio-Missouri River Natural Resources District on this day of , 2014es3. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT BY GENERAL MANAGER 27 EXHIBIT A —NPDES Phase II Stormwater Management Plan Measurable goals listed in the Stormwater Management Plan are target goals on which progress will be reported on in the annual report. The Permittee individually or as a member of the Papillion Creek Watershed Partnership (PCWP) shall implement programs to distribute educational materials and perform public outreach to inform citizens about the impacts that polluted stormwater runoff discharges have on water quality and what steps can be taken to reduce stormwater pollution. The Permittee shall document its stormwater public education and outreach program.At a minimum, the program will: BMP# SWMP Element Description Target Goals& Implementation Schedule 1.01 Define the goals, objectives, target audience and Year 1 —Provide a distribution process of materials for the public memorandum of the defined education and outreach program goals, objectives, etc. of the public education and outreach program. 1.02 Provide public awareness through activities that On-Going All Years— illustrate the impacts from the public on stormwater Annually report on the pollutant levels in local waterways. different activities being accomplished(e.g. classes, billboards, mailings, inlet stamping, projects, etc). 1.03 Maintain a general stormwater web site of On-Going All Years resources, educational tools and notifications of Annually report a list of web events. Develop specialty web sites to provide sites that support program targeted information on specific events. activities(e.g. rain barrel, water quality related events) The Permittee may conduct other activities not specifically identified in this section which contribute to Public Education and Outreach. 1 EXHIBIT A Mii tm`unn. egtttt'etlnant; .. Public Patttutpatlott and tnvc tvdfent, f„ , The Permittee individually or as a member of the PCWP shall provide opportunities for citizens to participate in the development and implementation of stormwater programs and projects. The Permittee shall document its stormwater public education and outreach program. At a minimum, the program will: BMP# SWMP Element Description Target Goals& Implementation Schedule 2.01 Provide for receiving citizen complaints of illegal On-Going All Years— dumping, illicit discharges, and construction site Maintain a web based violations complaint form and a maintain stormwater hotline. Provide a count of complaints and resolutions in the most recent annual report. 2.02 Create opportunities for citizens to participate in On-Going All Years— the City's stormwater program. Annually report on the different participation events related to stormwater. (e.g. Earth Day,tours of HHW facility,water quality related events) 2.03 Participate in community organizations, On-Going All Years— conferences, workshops, and web casts related to Annually report on the water quality and stormwater management. different participation events attended (e.g. Sediment and Erosion Workshop, LID Workshop, CWP Webcasts, etc.) The Permittee may conduct other activities not specifically identified in this section which contribute to Public Participation and Involvement. 2 EXHIBIT A Minimum Retie Eement 1 ,--J { I e; 0+ pn t The Permittee shall implement and enforce a program, including a schedule,to detect and remove illicit discharges and improper disposal into the MS4.At a minimum, the program will include: BMP# SWMP Element Description Target Goals& Implementation Schedule 3.01 Maintain outfall map for the Papio, Missouri and On-Going All Years— Elkhorn River Watersheds. Maintain a continually updated storm drain map for those watersheds in your jurisdiction per the permit requirements. 3.02 Conduct field screening activities per the permit On-Going All Years- requirements specifically geared to local TMDL Annually conduct dry weather pollutants of concern such as E. Coli. Other monitoring"priority"outfalls. parameters will be determined based on the "Priority"outfall are those that results of a PCE, but could include nutrients, are 72"or greater and/or ammonia, BOD, and TPH. those with documented illicit discharges. 3.03 Implement procedures to investigate and enforce On-Going All Years—Use portions of the MS4 that based on the results of the code enforcement field screening or other information indicate a procedures to eliminate reasonable potential of containing illicit discharges. unauthorized non-stormwater discharges identified during an investigation 3.05 Respond to and investigate complaints about On-Going All Years— spills, dumping, or disposal of materials other than Annually coordinate with stormwater to the MS4. Sewer Maintenance to report and track the number of calls per year in regards to spill, dumping or improper disposal of material to the MS4. Coordinate with city maintenance divisions to resolve reoccurring issues related to IDDE. 3.06 Implement educational and training measures for Year 2 and 5—Conduct the Illicit Discharge Detection and Elimination training events for municipal Program. field staff. The Permittee may conduct other activities not specially identified in this section which contribute to the Illicit Discharge Detection and Elimination program. 3 EXHIBIT A The Permittee as a member of the PCWP shall maintain and enforce a program that requires implementation and maintenance of structural and non-structural best management practices to reduce pollutants in stormwater runoff from construction activity to the MS4.The program shall address construction activity that results in land disturbance of greater than or equal to one acre and construction activity disturbing less than one acre which is part of a larger common plan of development or sale.At a minimum, the program will: BMP# SWMP Element Description Target Goals& Implementation Schedule 4.01 Review grading permit applications On-Going All Years— Maintain a common continually updated inventory of all private and public construction sites. 4.02 Maintain the electronic records for inspection of On-Going All Years— construction sites and enforcement of erosion and Inspect construction sites on sediment control measures. a regular basis and on a complaint basis. Track the number of sites inspected annually in a database. Initiate enforcement proceedings as appropriate to address violations. 4.03 Communicate with the regulated community and On-Going All Years— other groups affected by the CSR program Conduct workshops for developers, builders, site designers, contractors, and/or City staff. 4.04 Maintain an electronic submittal web application On-Going All Years— Maintain information for grading permits and the associated information. The Permittee may conduct other activities not specifically identified in this section which contribute to Construction Site Runoff Control. 4 EXHIBIT A M4rkd..I u 47 CMOUTte t ftStet0,001400-9111AW1Oft0g4tOt The Permittee individually or as a member of the PCWP shall implement and enforce a program to maintain structural and non-structural best management practices, including source control measures, to reduce pollutants from areas of new development and enforce controls to reduce the discharge of pollutants from the MS4 which receive discharges from areas of new development and significant redevelopment after construction is complete.At a minimum, the program will: BMP# SWMP Element Description Target Goals& Implementation Schedule 5.01 Maintain an electronic submittal web application On-Going All Years— Maintain information for post construction stormwater management plans and the associated information. 5.02 Review post construction management plan On-Going All Years— submittals Maintain an electronic inventory of all private and public stormwater control measures. 5.03 Inspect annually city owned BMPs for functionality On-Going All Years—Track and coordinate maintenance activities if needed. the number of sites inspected and maintenance activities annually in a database. 5.04 Coordinate with other agencies, or special interest On-Going All Years— groups to hold workshops on post construction Conduct workshops for stormwater issues developers, builders, site designers, contractors, and/or City staff. 5.05 Implement demonstration projects to illustrate to On-Going All Years— the public, the engineering community, and other Allocate Stormwater on the effectiveness of BMPs(structural and/or Management Program Grant non-structural). Evaluate the functionality of the funds to projects as funds BMP and implement changes as necessary. become available. The Permittee may conduct other activities not specifically identified in this section which contribute to Post Construction Runoff Control. 5 EXHIBIT A M% 4 .0 .Reglulr** t .Po.1,ution Preventio .Wn:*GoAt*lu epi g E... r The Permittee individually or as a member of the PCWP shall implement a program to reduce pollutants from municipal facilities and public streets that are discharged from the MS4. At a minimum, the program will include: BMP# SWMP Element Description Target Goals& Implementation Schedule 6.01 Municipal maintenance facilities map. Annually—Maintain an inventory and map of all municipal facilities. 6.02 Implement practices for operating and maintaining On-Going All Years—Track public streets, roads and highways and procedures street sweeping activities for reducing the impact on receiving waters from annually. the MS4. 6.03 Implement practices for operating and maintaining On-Going All Years— inlets and piped storm drains and procedures for Report annually on Sewer reducing the impact on receiving waters from the Maintenance activities related MS4. to maintaining the storm sewer system. 6.04 Promote public awareness by marking storm drain On-Going All Years— inlets Annually apply a stormwater message on inlets and report activities annually. 6.05 Implement education and training activities for On-Going All Years— municipal staff. Conduct training events for municipal staff. 6.06 Conduct inspections of municipal maintenance On-Going All Years— facilities and review annual municipal runoff control Conduct inspections and plans. Revise plans as.needed if facilities expand review reports for municipal or reduce activities. facilities regarding stormwater runoff. The Permittee may conduct other activities not specifically identified in this section which contribute to Pollution Prevention and Good Housekeeping. 6 EXHIBIT A The Permittee as a member of the PCWP shall have a program to estimate pollutant loads from discharges of the MS4. At a minimum, the program will include: BMP# SWMP Element Description Target Goals& Implementation Schedule 8.01 The development and implementation of a BMP On-Going All Years— monitoring plan Implement annual monitoring plan Monitoring will be flow based monitoring to assess the performance of different BMPs. Monitoring Plan: a. Monitoring of the BMPs is to provide more useful data than has been gathered in the past. This will provide for a more complete picture of the efficiency of various Best Management Practices in the watershed. b. Consideration will be given to the following objectives: i. Quantify the BMPs ability to reduce discharges to the storm sewer system ii. Evaluate if any improvements could be made to the BMP to increase the volume of water detained from the storm sewer system. c. A record of the following information: i. Narrative and quantitative data, as appropriate, for each event. ii. A narrative description of the data and duration of the events sampled (either simulated event or real event) 8.02 Partner with local organizations, such as Nebraska On-Going All Years— Watershed Network, to evaluate the results of data Report the results in the that they collected that could provide water quality annual report. information on stream or urban aquatic fisheries 8.03 Use GIS to identify land use based on zoning and On-Going All Years— calculate pollutant loads from discharges of the Report the estimate in the MS4 based on literature values and precipitation annual report based on data. literature values. The Permittee may conduct other activities not specifically identified in this section which contribute to Monitoring Program. 7 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#1: WATER QUALITY IMPROVEMENT ISSUE: Waters of the Papillion Creek Watershed are impaired. "ROOT" POLICY: Improve water quality from all contributing sources, including but not limited to, agricultural activities, urban stormwater, and combined sewer overflows, such that waters of the Papillion Creek Watershed and other local watersheds can meet applicable water quality standards and community-based goals, where feasible. SUB-POLICIES: 1) Water Quality LID shall be required on all new developments and significant redevelopments. 2) Protect surface and groundwater resources from soil erosion (sheet and rill, wind erosion, gully and stream bank erosion), sedimentation, nutrient and chemical contamination. Buffer strips and riparian corridors should be established along all stream segments. 3) Preserve and protect wetland areas to the fullest extent possible to maintain natural hydrology and improve water quality by minimizing the downstream transport of sediment, nutrients, bacteria, etc. borne by surface water runoff. Reestablishment of previously existing wetlands and the creation of new wetlands should be promoted. Any impacted wetlands shall be mitigated at a 3:1 ratio. 4) Support NDEQ in an accelerated TMDL development process that addresses potential pollutant sources in a fair and reasonable manner based on sound technical data and scientific approach. 5) Implement Best Management Practices (BMPs) that reduce both urban and rural pollution sources, maintain or restore designated beneficial uses of streams and surface water impoundments, minimize soil loss, and provide sustainable production levels. Water quality basins shall be located in general conformance with an adopted Papillion Creek Watershed Management Plan. REFERENCE INFORMATION DEFINITIONS: 1) Low-Impact Development (LID). A land development and management approach whereby stormwater runoff is managed using design techniques that promote infiltration, filtration, storage, evaporation, and temporary detention close to its source. Management of such stormwater runoff sources may include open space, rooftops, streetscapes, parking lots, sidewalks, medians, etc. 2) Water Quality LID. A level of LID using strategies designed to provide for water quality control of the first '/ inch of stormwater runoff generated from each new development or significant redevelopment and to maintain the peak discharge rates during the 2- year storm event to baseline land use conditions, measured at every drainage (stormwater discharge) outlet from the new development or significant redevelopment. 3) Best Management Practice (BMP). "A technique, measure or structural control that is used for a given set of conditions to manage the quantity and improve the quality of Page 1 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES stormwater runoff in the most cost-effective manner." [Source: U.S. Environmental Protection Agency(EPA)] 4) Total Maximum Daily Load (TMDL). A calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. Water quality standards are set by States, Territories, and Tribes. They identify the uses for each waterbody, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and non-point sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calculation must also account for seasonal variation in water quality. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs, and for Nebraska such standards and programs are administered by the Nebraska Department of Environmental Quality. [Source: EPA and Nebraska Surface Water Quality Standards, Title 117]. Page 2 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#2: PEAK FLOW REDUCTION ISSUE Urbanization within the Papillion Creek Watershed has and will continue to increase runoff leading to more flooding problems and diminished water quality. ROOT POLICY Maintain or reduce stormwater peak discharge during development and after full build-out land use conditions from that which existed under baseline land use conditions. SUB-POLICY 1) Regional stormwater detention facilities and other structural and non-structural BMPs shall be located in general conformance with an adopted Papillion Creek Watershed Management Plan and shall be coordinated with other related master planning efforts for parks, streets, water, sewer, etc. 2) Maximum LID shall be required to reduce peak discharge rates on all new developments and significant redevelopments as identified in the Papillion Creek Watershed Management Plan. 3) All significant redevelopment shall maintain peak discharge rates during the 2, 10, and 100-year storm event under baseline land use conditions. REFERENCE INFORMATION DEFINITIONS 1) Low-Impact Development (LID). A land development and management approach whereby stormwater runoff is managed using design techniques that promote infiltration, filtration, storage, evaporation, and temporary detention close to its source. Management of such stormwater runoff sources may include open space, rooftops, streetscapes, parking lots, sidewalks, medians, etc. 2) Water Quality LID. A level of LID using strategies designed to provide for water quality control of the first 1/2 inch of stormwater runoff generated from each new development or significant redevelopment and to maintain the peak discharge rates during the 2- year storm event to baseline land use condition, measured at every drainage (stormwater discharge) outlet from the new development or significant redevelopment. 3) Maximum LID. A level of LID using strategies, including water quality LID and on-site detention, designed not to exceed peak discharge rates of more than 0.2 cfs/acre during the 2-year storm event or 0.5 cfs/acre during the 100-year storm event based on the contributing drainage from each site, measured at every drainage (stormwater discharge) outlet from the new development or significant redevelopment. 4) Peak Discharge or Peak Flow. The maximum instantaneous surface water discharge rate resulting from a design storm frequency event for a particular hydrologic and hydraulic analysis, as defined in the Omaha Regional Stormwater Design Manual. The measurement of the peak discharge shall be at the lower-most drainage outlet(s) from a new development or significant redevelopment. Page 3 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES 5) Regional Stormwater Detention Facilities. Those facilities generally serving a drainage catchment area of 500 acres or more in size. 6) Baseline Land Use Conditions. That which existed for Year 2001 for Big and Little Papillion Creeks and its tributaries (excluding West Papillion Creek) and for Year 2004 for West Papillion Creek and its tributaries. 7) Full Build-Out Land Use Conditions. Fully platted developable land use conditions for the combined portions of the Papillion Creek Watershed that lie in Douglas and Sarpy Counties that are assumed to occur by the Year 2040, plus the projected 2040 land uses within the Watershed in Washington County; or as may be redefined through periodic updates to the respective County comprehensive plans. Page 4 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#3: LANDSCAPE PRESERVATION, RESTORATION, AND CONSERVATION ISSUE: Natural areas are diminishing, and there is a need to be proactive and integrate efforts directed toward providing additional landscape and green space areas with enhanced stormwater management through restoration and conservation of stream corridors, wetlands, and other natural vegetation. "ROOT" POLICY: Utilize landscape preservation, restoration, and conservation techniques to meet the multi-purpose objectives of enhanced aesthetics, quality of life, recreational and educational opportunities, pollutant reduction, and overall stormwater management. SUB-POLICIES: 1) Incorporate stormwater management strategies as a part of landscape preservation, restoration, and conservation efforts where technically feasible. 2) Define natural resources for the purpose of preservation, restoration, mitigation, and/or enhancement. 3) For new development or significant redevelopment, provide a creek setback of 3:1 plus 50 feet along all streams as identified in the Papillion Creek Watershed Management Plan and a creek setback of 3:1 plus 20 feet for all other watercourses. 4) All landscape preservation features as required in this policy or other policies, including all stormwater and LID strategies, creek setbacks, existing or mitigated wetlands, etc., identified in new or significant redevelopment shall be placed into an out lot or within public right of way or otherwise approved easement. REFERENCE INFORMATION DEFINITIONS 1) Creek Setback. See Figure 1 below and related definitions in Policy Group #5. A setback area equal to three (3) times the channel depth plus fifty (50) feet (3:1 plus 50 feet) from the edge of low water on both sides of channel shall be required for any above or below ground structure exclusive of bank stabilization structures, poles or sign structures adjacent to any watercourse defined within the watershed drainage plan. Grading, stockpiling, and other construction activities are not allowed within the setback area and the setback area must be protected with adequate erosion controls or other Best Management Practices, (BMPs). The outer 30 feet adjacent to the creek setback limits may be credited toward meeting the landscaping buffer and pervious coverage requirements. A property can be exempt from the creek setback requirement upon a showing by a licensed professional engineer or licensed landscape architect that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the stream will be endangered by erosion Page 5 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise improved by any agency of government, then such certificate providing an exception to the creek setback requirement may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency. If such exemption is granted, applicable rights-of-way must be provided and a minimum 20 foot corridor adjacent thereto. Base Floodplain Floodway Floodway !, Fringe ',. Floodway Rinke 255C' 75% Max.1-Foot 75% _ a.25% Creek Setback iRlse Due to Fill Greek ' soft Base Flood Setback ck ., Elevation (BFE 100-Year) miimoitaffor 3 ___...taritiviMa,dmum Fill Encroachment Figure 1 — Floodway Fringe Encroachment and Creek Setback Schematic DEFINITIONS 1) Base Flood. The flood having a one percent chance of being equaled or exceeded in magnitude in any given year (commonly called a 100-year flood). [Adapted from Chapter 31 of Nebraska Statutes] 2) Floodway. The channel of a watercourse and the adjacent land areas that are necessary to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Adapted from Chapter 31 of Nebraska Statutes]. The Federal Emergency Management Agency (FEMA) provides further clarification that a floodway is the central portion of a riverine floodplain needed to carry the deeper, faster moving water. 3) Floodway Fringe. That portion of the floodplain of the base flood, which is outside of the floodway. [Adapted from Chapter 31 of Nebraska Statutes] 4) Floodplain. The area adjoining a watercourse, which has been or may be covered by flood waters. [Adapted from Chapter 31 of Nebraska Statutes] 5) Watercourse. Any depression two feet or more below the surrounding land which serves to give direction to a current of water at least nine months of the year and which has a bed and well-defined banks. [Adapted from Chapter 31 of Nebraska Statutes] 6) Low Chord Elevation. The bottom-most face elevation of horizontal support girders or similar superstructure that supports a bridge deck. 7) Updated Flood Hazard Maps. The remapping of flooding sources within the Papillion Creek Watershed where Digital Flood Insurance Rate Maps (DFIRMs) are based on 2004 or more recent conditions hydrology and full-build out conditions hydrology. West Papillion Creek and its tributaries are currently under remapping and will become regulatory in 2009. Updating flood hazard maps for Big Papillion Creek and Little Papillion Creek are planned to be completed in the future. 8) New Development. New development shall be defined as that which is undertaken to any undeveloped parcel that existed at the time of implementation of this policy. Page 6of13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#4: EROSION AND SEDIMENT CONTROL AND OTHER BMPs ISSUE: Sound erosion and sediment control design and enforcement practices are needed in order to protect valuable land resources, stream and other drainage corridors, and surface water impoundments and for the parallel purpose of meeting applicable Nebraska Department of Environmental Quality regulatory requirements for construction activities that disturb greater than one acre. "ROOT" POLICY: Promote uniform erosion and sediment control measures by implementing consistent rules for regulatory compliance pursuant to State and Federal requirements, including the adoption of the Omaha Regional Stormwater Design Manual. SUB-POLICIES: 1) Construction site stormwater management controls shall include both erosion and sediment control measures. 2) The design and implementation of post-construction, permanent erosion and sediment controls shall be considered in conjunction with meeting the intent of other Stormwater Management Policies. 3) Sediment storage shall be incorporated with all regional detention facilities where technically feasible. REFERENCE INFORMATION DEFINITIONS 1) Erosion Control. Land and stormwater management practices that minimize soil loss caused by surface water movement. 2) Sediment Control. Land and stormwater management practices that minimize the transport and deposition of sediment onto adjacent properties and into receiving streams and surface water impoundments. Page 7of13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#5: FLOODPLAIN MANAGEMENT ISSUE: Continued and anticipated development within the Papillion Creek Watershed mandates that holistic floodplain management be implemented and maintained in order to protect its citizens, property, and natural resources. "ROOT" POLICY: Participate in the FEMA National Flood Insurance Program, update FEMA floodplain mapping throughout the Papillion Creek Watershed, and enforce floodplain regulations to full build-out, base flood elevations. SUB-POLICIES: 1) Floodplain management coordination among all jurisdictions within the Papillion Creek Watershed and the Papio-Missouri River Natural Resources District (P-MRNRD) is required. 2) Flood Insurance studies and mapping throughout the Papillion Creek Watershed shall be updated using current and full-build out conditions hydrology. 3) Encroachments for new developments or significant redevelopments within floodway fringes shall not cause any increase greater than one (1.00) foot in the height of the full build-out base flood elevation using best available data. 4) Filling of the floodway fringe associated with new development within the Papillion Creek System shall be limited to 25% of the floodway fringe in the floodplain development application project area, unless approved mitigation measures are implemented. The remaining 75% of floodway fringe within the project area shall be designated as a floodway overlay zone. For redevelopment, these provisions may be modified or waived in whole or in part by the local jurisdiction. 5) The low chord elevation for bridges crossing all watercourses within FEMA designated floodplains shall be a minimum of one (1) foot above the base flood elevation for full- build out conditions hydrology using best available data. 6) The lowest first floor elevation of buildings associated with new development or significant redevelopment that are upstream of and contiguous to regional dams within the Papillion Creek Watershed shall be a minimum of one (1) foot above the 500-year flood pool elevation. REFERENCE INFORMATION DEFINITIONS (See Figure 1 below and related definitions in Policy Group #3: Landscape Preservation, Restoration, and Conservation). Base Floodglain Floodway Floodway Fringe ^ Floodway Fen JI 2596\ 76% Max.1-Foot 75% t25% Creek ;Rise Due to Fill Creek Setback / Base Flood Setbacll `p r` (BFE 1OQ-Year) Lea Fiaw- Maximum Fill Encroacheield ': Figure 1 —Floodway Fringe Encroachment and Creek Setback Schematic Page 8of13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES 1) Base Flood. The flood having a one percent chance of being equaled or exceeded in magnitude in any given year (commonly called a 100-year flood). [Adapted from Chapter 31 of Nebraska Statutes] 2) Floodway. The channel of a watercourse and the adjacent land areas that are necessary to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Adapted from Chapter 31 of Nebraska Statutes]. The Federal Emergency Management Agency (FEMA) provides further clarification that a floodway is the central portion of a riverine floodplain needed to carry the deeper, faster moving water. 3) Floodwav Fringe. That portion of the floodplain of the base flood, which is outside of the floodway. [Adapted from Chapter 31 of Nebraska Statutes] 4) Floodplain. The area adjoining a watercourse, which has been or may be covered by flood waters. [Adapted from Chapter 31 of Nebraska Statutes] 5) Watercourse. Any depression two feet or more below the surrounding land which serves to give direction to a current of water at least nine months of the year and which has a bed and well-defined banks. [Adapted from Chapter 31 of Nebraska Statutes] 6) Low Chord Elevation. The bottom-most face elevation of horizontal support girders or similar superstructure that supports a bridge deck. 7) Updated Flood Hazard Maps. The remapping of flooding sources within the Papillion Creek Watershed where Digital Flood Insurance Rate Maps (DFIRMs) are based on 2004 or more recent conditions hydrology and full-build out conditions hydrology. West Papillion Creek and its tributaries are currently under remapping and will become regulatory in 2009. Updating flood hazard maps for Big Papillion Creek and Little Papillion Creek are planned to be completed in the future. 8) New Development. New development shall be defined as that which is undertaken to any undeveloped parcel that existed at the time of implementation of this policy. BASIC FEMA REQUIREMENTS On March 1, 2003, FEMA became part of the U.S. Department of Homeland Security (DHS). In order for a community to participate in the FEMA National Flood Insurance Program, it must first define base flood elevations and adopt a floodway for all its major streams and tributaries. Once a community adopts its floodway, the requirements of 44 CFR 60.3(d) must be fulfilled. The key concern is that each project in the floodway must receive an encroachment review; i.e., an analysis to determine if the project will increase flood heights or cause increased flooding downstream. Note that the FEMA regulations call for preventing any increase in flood heights. Projects, such as filling, grading or construction of a new building, must be reviewed to determine whether they will obstruct flood flows and cause an increase in flood heights upstream or adjacent to the project site. Further, projects, such as grading, large excavations, channel improvements, and bridge and culvert replacements should also be reviewed to determine whether they will remove an existing obstruction, resulting in increases in flood flows downstream. [Adapted from Federal Emergency Management Agency guidance] Page 9 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES POLICY GROUP#6: STORMWATER MANAGEMENT FINANCING ISSUE: Regulatory requirements for stormwater management and implementation of Stormwater Management Policies intended to accommodate new development and significant redevelopment will impose large financial demands for capital and operation and maintenance beyond existing funding resources. "ROOT" POLICY: Dedicated, sustainable funding mechanisms shall be developed and implemented to meet capital and operation and maintenance obligations needed to implement NPDES Stormwater Management Plans, Stormwater Management Policies, and the Papillion Creek Watershed Management Plan. SUB-POLICIES: 1) All new development and significant redevelopment will be required to fund the planning, implementation, and operation and maintenance of water quality LID. 2) A Watershed Management Fee system shall be established to equitably distribute the capital cost of implementing the Papillion Creek Watershed Management Plan among new development or significant redevelopment. Such Watershed Management Fee shall only apply to new development or significant redevelopment within the Papillion Creek Watershed and the initial framework shall consist of the following provisions: a. Collection of fees and public funding shall be earmarked specifically for the construction of projects called for in the Papillion Creek Watershed Management Plan, including Maximum LID costs such as on site detention, regional detention basins, and water quality basins. b. Multiple fee classifications shall be established which fairly and equitably distribute the cost of these projects among all undeveloped areas within the Papillion Creek Watershed. c. Watershed Management Fees (private) are intended to account for approximately one-third (1/3) of required capital funds and shall be paid to the applicable local zoning jurisdiction with building permit applications. d. Watershed Management Fee revenues shall be transferred from the applicable local zoning jurisdiction to a special P-MRNRD construction account via inter- local agreements. e. The P-MRNRD (public) costs are intended to account for approximately two- thirds (2/3) of required capital funds, including the cost of obtaining necessary land rights, except as further provided below; and the P-MRNRD shall be responsible for constructing regional detention structures and water quality basins using pooled accumulated funds. f. The P-MRNRD will seek general obligation bonding authority from the Nebraska Legislature to provide necessary construction scheduling flexibility. g. Financing for Papillion Creek Watershed Management Plan projects may require public-private partnership agreements between the P-MRNRD and developers/S&IDs on a case-by-case basis. h. On approximately three (3)-year intervals, the Papillion Creek Watershed Management Plan and Watershed Management Fee framework, rates, and construction priority schedule shall be reviewed with respect to availability of Page 10 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES needed funds and rate of development within the Papillion Creek Watershed by the parties involved (local zoning jurisdictions, P-MRNRD, and the development community). Subsequent changes thereto shall be formally approved by the respective local zoning jurisdictions and the P-MRNRD. 3) A Stormwater Utility Fee System shall be established to equitably distribute the costs for ongoing operation and maintenance of all stormwater BMPs and infrastructure among all existing property owners within NPDES Phase I or II municipal jurisdictions. a. NPDES Phase I and II cities and counties should actively seek legislation from the Nebraska Legislature to allow for the establishment of an equitable stormwater utility fee. b. The initial framework for the Stormwater Utility Fee System should consist of the following provisions provided Nebraska statutes allow for such a fee: i. A county or city shall establish by resolution user charges to be assessed against all real property within its zoning jurisdiction and may issue revenue bonds or refunding bonds payable from the proceeds of such charges, all upon terms as the county board or city council determines are reasonable. ii. Such charges shall be designed to be proportionate to the stormwater runoff contributed from such real property and based on sound engineering principles. iii. Such charges should provide credits or adjustments for stormwater quantity and quality BMPs utilized in order to encourage wise conservation and management of stormwater on each property. iv. Such charges shall be collected in a manner that the county or city determines as appropriate and shall not be determined to be special benefit assessments. v. A county or city shall establish a system for exemption from the charges for the property of the state and its governmental subdivisions to the extent that it is being used for a public purpose. The local elected body shall also provide an appeals process for aggrieved parties. vi. A county shall not impose these charges against real property that is being charges user charges by a city. vii. Any funds raised from a Stormwater Utility Fee shall be placed in a separate fund and shall not be used for any purpose other than those specified. REFERENCE INFORMATION DEFINITIONS 1) Stormwater Management Policies. Stormwater management policies developed by the Technical Workgroup and Policy Workgroup that were commissioned by the Papillion Creek Watershed Partnership (PCWP) subsequent to the "Green, Clean, and Safe" initiatives developed through the "Watershed by Design" public forums conducted in 2004 and 2005 and subsequently revised by the PCWP in 2009. The Page 11 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES following policy groups contain "root" policies and sub-policies for stormwater management that have been developed in addition to the Stormwater Management Financing Policy Group herein: • Policy Group#1 —Water Quality Improvement • Policy Group#2 — Peak Flow Reduction • Policy Group#3— Landscape Preservation, Restoration, and Conservation • Policy Group#4— Erosion and Sediment Control and Other BMPs • Policy Group#5— Floodplain Management 2) Stormwater Management Plan (SWMP). A SWMP is a required part of the NPDES Phase II Stormwater Permits issued to many of the Omaha metropolitan area Papillion Creek Watershed Partnership (PCWP) members. Development of Stormwater Management Policies is an integral part of the SWMP, and such policies are to be adopted by respective PCWP partners. 3) Comprehensive Development Plans. Existing plans developed by local jurisdictions that serve as the basis for zoning and other land use regulations and ordinances. The Stormwater Management Policies are to be incorporated into the respective Comprehensive Development Plans. 4) Policy Implementation. The implementation of the policies will be through the development of ordinances and regulations, in years 3 through 5 of the NPDES permit cycle; that is, by the year 2009. Ordinances and regulations are intended to be consistent for, and adopted by, the respective PCWP members. Such ordinances and regulations shall need to be consistent with the Comprehensive Development Plans of the respective PCWP members. 5) Low-Impact Development (LID). A land development and management approach whereby stormwater runoff is managed using design techniques that promote infiltration, filtration, storage, evaporation, and temporary detention close to its source. Management of such stormwater runoff sources may include open space, rooftops, streetscapes, parking lots, sidewalks, medians, etc. 6) Water Quality LID. A level of LID using strategies designed to provide for water quality control of the first % inch of stormwater runoff generated from each new development or significant redevelopment and to maintain the peak discharge rates during the 2-year storm event to baseline land use conditions, measured at every drainage (stormwater discharge) outlet from the new development or significant redevelopment. 7) Maximum LID. A level of LID using strategies, including water quality LID and on-site detention, designed not to exceed peak discharge rates of more than 0.2 cfs/acre during the 2-year storm event or 0.5 cfs/acre during the 100-year storm event based on the contributing drainage from each site, measured at every drainage (stormwater discharge) outlet from the new development or significant redevelopment. 8) Baseline Land Use Conditions. That which existed for Year 2001 for Big and Little Papillion Creeks and its tributaries (excluding West Papillion Creek) and for Year 2004 for West Papillion Creek and its tributaries. That which existed in 2007 for all areas not within the Papillion Creek Watershed. Page 12 of 13 Exhibit B PAPILLION CREEK WATERSHED STORMWATER MANAGEMENT POLICIES BASIS FOR STORMWATER MANAGEMENT FINANCING ISSUE 1) Time is of the essence for policy development and implementation: a) Under the existing Phase II Stormwater Permits issued by the Nebraska Department of Environmental Quality, permitees must develop strategies, which include a combination of structural and/or non-structural best management practices and incorporate them into existing Comprehensive Development Plans by the end of 2009. b) The S&ID platting process is typically several years ahead of full occupation of an S&ID. Therefore, careful pre-emptive planning and program implementation is necessary in order to construct regional stormwater detention and water quality basin improvements in a timely manner to meet the purposes intended and to avoid conflicts from land use encroachments from advancing development. 2) Financing to meet capital and O&M obligations for stormwater management projects requires a comprehensive, uniformly applied approach and not a project-by-project approach. Page 13 of 13 Exhibit C Stormwater Management Elements Shared by the Papillion Creek Watershed Partnershi #1 Public Education and Outreach Lead Partnership Member(s) 1.01 Education and Outreach Program City of Omaha,PMRNRD 1.02 Public Awareness Activities City of Omaha 1.03 Stormwater Website City of Omaha #2 Pillic Particin and Involvement Lead Partnership Member(s) 2.01 Stormwater Hotline and Website City of Omaha 2.02 Create Stormwater Event! City of Omaha,PMRNRD 2.03 Participation Events City of Omaha #3 l is1 y -1 tection and Elimination Lead Partners Members) 3.04 Track IDDE complaints City of Omaha 3.05 Education and Training for IDDE Program City of Omaha #4 Cotf'Mc to linotf Lead Partner Member(s) 4.01 Maintain Construction Site Reporting Website City of Omaha 4.02 Perform Construction Site Inspections City of Omaha 4.03 Conduct Workshops on Construction Site Runoff City of Omaha 4.04 Maintain Grading Information City of Omaha #5 Post 4-o0strpctic n Runoff Control Lead Partnership Members) 5.01 Maintain Post Construction Stormwater Management Website City of Omaha 5.02 Review PCSW plans PMRNRD 5.05 Conduct Workshops on Post Construction Issues City of Omaha #6 Pollution Prevention and Good Housekeeping Lead Partnership Member(s) 6.05 Education and Training City of Omaha #8 Monitoring Program Lead Partnership Member(s) 8.01 BMP Monitoring City of Omaha 8.02 Partner with organizations providing water quality data City of Omaha,PMRNRD 8.03 Calculate Pollutant Loads City of Omaha EXHIBIT D Second Column Third Column Agency Initial Contribution Percentage Bellevue $20,000 5.4% Boystown $1,000 0.3% Gretna $1,000 0.3% La Vista $5,000 1.4% Omaha $187,500 50.8% Papillion $7,000 1.9% Ralston $2,500 0.7% Sarpy County $55,000 14.9% Papio NRD $90,000 24.4% TOTALS $369,000 100.0% EXHIBIT E Papillion t Watershed 2014 Watershed Management Plan Update ill a Legend Q Potential Water Quality Basin 1ta! 1, • °+- f Potential Regional Detention Basins 0 1.5 3 5 Existing Reservoirs �;� Miles Areas with Water Quality LID '� ii Areas with Mexinxim UD or Equivalent Controls ,i VIi W Areas with Weter'Qualiy LID and Controlled TA _ Abbreviations by Potential Regional Detention Basins BP-Big Papitibn Creek Areas voltWater Quality LID and Controlled CL-Cunningham Lake by Existing Reservoirs t DS-Dam Site Developed/Potential Redevelopment Areas � �! 6 , LP-Little Papi lon Creek Co Papillon Creek Watershed Boundaries WP-West PapiBon Creek I< WQ-Water Quality Creek Setback Segments-3:1+So' —Streams allingillii,AL" i, —Major Roads Roads ` —County Line ill `1- a ..c.Y ManeaementPlan Components: La •OWQ eLIDm In all new orpone cant r i.7,1-4 ® redeveloped areas Washington Co. i ,a' vvp.cLJ- W�erQuan �^ - w Quantity i s�4 :__ •1312 regional detention basins Douglas Co. 10 .r •08 waterqualty basins upstream ,t,i Z tt, - of existing reservoirs mir 1'm, 7 N T . i:...d I e''' 'i it'ihed(1 i ID .3 !IN OMAHA hr rr t i , , � . Papillio,; - eancs ti —7: Creek ' r ,. L ILi■rshed itni ''_ & g L_ 1 a d s � -``'`rot! a �Il l --I i' Li c ;!:,,a, '_... ' _ $l-a7i loot r_,l l Douglas Co. sI 1/ _-v MAWR . al�-? _ Ewa _ Sarpy Co. 111e, a., I E ), A • � i, �f �. j 3 p .•R C. k EVUE R Vi CtMR �� i- :,TM0 .• S, a/ 0 ` Dine SRc. •E 4/4- -4Afr ilr.. our $ Lse,,ur: I - 76 r IancL.ap: - —if) l � c Papillion Creek Watershed March2014 EXHIBIT F fi\Papiiiion @yaGIC \ Watershed 2014 Watershed Management Plan Update Partnership Pop i'iiii 1 , v,1'.ii,,,, 1,(,..:0. II-V, ,--..., ,,...„,, =11101•101••• Miles CD'' Legend II. Potential Regional Detention Basins Allli _ _I, 0 Existing Reservoirs Undeveloped Areas ., — -1•-' Areas Controlled by Potential Regional Detention Basins . , -1... Developed/Potential Redevelopment Areas Papiltion Creek Watershed Boundaries itliti -, '- N.-.V ' Creek Setback Segments-3:1+50' ‘o- ' —Streams 1 / .., ...-- —Major Roads 4 Roads I -- I 1 -- " Big Papillioni —County Line Papilliov Creek ' _ ilL.. . Program Proiects Plan Components: 31 lAlliderQuality „,"--- 1 X •oWQ LID in all new or significant Washington Co. 'l'li (40,• I / redeveloped areas , ,allw Rw •,_- , '--- - - 1 ' , r '-- - Water Quantity Douglas Co. I ..4 en -02 regional detention basins pp 'WO-lit:i ' Km I.1 It ..-;2011-7....i 1 —sink , Propram ProJects Costs: it , latio.,,, ,WRING, i N . -0010.LID funded by development i lime 1 tz, t`. 4 p•-,apwion __.: Regional detention basins IL- 1 pp OAST ‘. ATE ST1 .s._ --, # -1-.14 '',.. % r , _ i voilik , i‘,E.• ....1,_ ..., s 44.1 i •, 1 1 1 Ney 1 Little ---I, _ .1 9_ ., i i *flak , estimated at$18 Million(2014 dollars) i L ORN h. • 0 ric; = + ''''''- et...•5/ ,,,,,, .:,..,:),r_ it, _,„_....e.,i OMAHA OESTIR T= 1 , 4. <-1 ' r ' )M--`. i Papilh'o Creek 1 - .1 t Wat rshed ' •' 5, I, IN j,-..ik . . 0 ,v- -: _,,,, IP% ; ' ..,. `,....,. 1111 . n7,444'- r i 11141111a2MWftlidni 111 pII • i;',., '7,„10., i _ ,.,, "wirmoicv. ."..,.._, 2:4) I' 5 gum , .1 "Al Douglas Co. -- _, Sarpy Co. \\..Z., ,,,c,0 i g 1 - _ AA-----,„ ,,s._ ' _ / ' :r1‘: „,._ . ' . I ' ' 7 ' ,c' ' r- , - EVUE , 11 1111 :ii', _ .111%,11,! Rtl' I -- - ,1 Erni'MN I jecriti ..,,14/F,p "" •f U .014 41) , ;4;PT .40041irConstruct WP4 -4 r1...?Ind,[ 1-- --- - , .11 -,u, afflict WP-7 vow -- t; ' 9---t.- Papillion Creek Watershed March 2014 ORDINANCE NO. /©WSJ ' AN ORDINANCE approving an Amended Interlocal Agreement between the City of Omaha and and the following parties, to-wit: the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska; the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being referred to collectively as "the Papillion Creek Watershed Partnership," or "the Partnership." involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended, for a five-year term commencing July 1, 2014; to designate a representative of the City of Omaha to the Partnership Executive Committee; to authorize the Finance Department to pay the cost share to PRESENTED TO COUNCIL the Partnership as called for in such amended agreement, including an initial contribution of 2014 , $187,500 from the Storm Water Fee Revenue 1st adig JUN It Fund 12128, Storm Water Management � ��y ,. Organization 128026; to amend the Master Plan PUBLICATIONS of the City of Omaha to incorporate plans contained within the Amended Interlocal Hear' g z� Agreement; and to provide an effective date ' ca // PUBLICATION OF HEARING hereof. 2087htp Zr7Final Reading Mt 2 4-2014 Date Cs?-�,, / Passed 1-0 PUBLICATION OF ORDINANCE Date 6-�-1 BUSTER BROWN City Clerk "NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for ,�,r AjjTT City Council Hearing on June 17, 2014, at OF O MMjA 2:00 p.m.: AN ORDINANCE approving an Amended LYNDA K. HENNINGSEN, Publisher Interlocal Agreement between the City of Omaha and the following parties,to-wit: the PROOF OF PUBLICATION CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, UNITED STATES OF AMERICA, Nebraska;the CITY OF'RALSTON, Nebraska; The State of Nebraska, the COUNTY OF SARPY, Nebraska; and, the SS. PAPIO-MISSOURI RIVER NATURAL District of Nebraska, RESOURCES DISTRICT, hereinafter being Countyof Douglas, referred to collectively as"the Papillion Creek g Watershed Partnership,"or"the Partnership," City of Omaha, . involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home J.BOYD Rule Charter of 1956,as amended,for a five- year term commencing July 1, 2014; to being duly sworn,deposes and says that she is designate a representative of the City of Omaha to the Partnership Executive LEGAL EDITOR Committee; to authorize the Finance Department to pay the cost share to the of THE DAILY RECORD, of Omaha, a legal newspaper, printed and Partnership as called for in such amended agreement,including an initial contribution of published daily in the English language, having a bona fide paid Fund 00 from the Storm Water Fee Revenue circulation in Douglas Countyin excess of 300 copies, printed in Fund 12128, Storm Water Management g P Organization 128026; to amend the Master Omaha,in said County of Douglas,for more than fifty-two weeks last Plan of the City of Omaha to incorporate past; that theprinted notice hereto attached was published in THE plans contained within the Amended P � Interlocal Agreement; and to provide an effective date hereof. DAILY RECORD,of Omaha,on BUSTER BROWN, June 13, 2014 City Clerk 6-13-14 That said Newspaper during that time was re ly pub ' hed and in general circulation in the County of Douglas, d Nebraska. A GENERAL NOTARY-State of Nebraska ELLEN FREEMAN Subscribed in my p ce and sworn to before r_.',r My Comm.Eri�+i � 2017 Publisher's Fee $L ' me hi 13th day of Additional Copies $ June 2014 Total $28.70 No ary Public in and for Douglas County, State of Nebraska "NOTICE PUBLIC- THE DAILY RECORD ORDINANCEE NO.40025 AN ORDINANCE approving an Amended 77��//��A�� Interlocal Agreement between the City of OF OMAHA [1A Omaha and the following parties,to-wit: the CITY OF BELLEVUE, Nebraska; the VILLAGE OF BOYS TOWN, Nebraska; the CITY OF LYNDA K. HENNINGSEN, Publisher GRETNA, Nebraska;th the CITYO OF LAVISTA,N PROOF OF PUBLICATION Nebraska; the CITY OF PAPILL[ON, Nebraska;the CITY OF RALSTON, Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL UNITED STATES OF AMERICA, RESOURCES DISTRICT, hereinafter being The State of Nebraska, referred to collectively as"the Papillion Creek ss, Watershed Partnership,"or"the Partnership," District of Nebraska, involving the payment of money from appropriations of more than one year in County of Douglas, accordance with Section 5.17 of the Home City of Omaha, Rule Charter of 1956,as amended,for a five- year term commencing July 1, 2014; to designate a representative of the City of J.BOYD Omaha to the Partnership Executive Committee; to authorize the Finance being duly sworn,deposes and says that she is Department to pay the cost share to the Partnership as called for in such amended agreement,including an initial contribution of LEGAL EDITOR $187,500 from the Storm Water Fee Revenue Fund 12128, Stour, Water Management of THE DAILY RECORD, of Omaha, a legal newspaper, printed and Organization 128026; to amend the Master Plan of the City ofof Omaha to incorporate published daily in the English language, having a bona fide paid plans contained within the Amended circulation in Douglas County in excess of.300 copies, printed in Interlocal Agreement; and to provide an Omaha,in said Countyof Douglas,for more than fifty-two weeks last effective date hereof. y SUMMARY: past; that the printed notice hereto attached was published in THE AN ORDINANCE approving an Amended Interlocal Agreement between the City of DAILY RECORD,of Omaha,on O rtis,to-wit:the CITY OF BELLEVUE, Neha and the braska;the VILLAGE July 2, 2014 OF BOYS TOWN, Nebraska; the CITY OF GRETNA, Nebraska; the CITY OF LAVISTA, Nebraska; the CITY OF PAPILLION, Nebraska;the CITY OF RALSTON,Nebraska; the COUNTY OF SARPY, Nebraska; and, the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, hereinafter being That said Newspaper during that time was re,A ly a as • •;hed and referredalsh to collectively as"the Papillion Creek in general circulation in the Countyof Douglas, . •. 'f Nebraska. Watershed Partnership,"or"the Partnership," •' involving the payment of money from .i, GENERAL NOTARY-State of Nebraska �f appropriations of more than one year in accordance with Section 5.17 of the Home "l�` CONNIE L.NOVACEKg /. Rule Charter of 1956,as amended,for a five- ° u cribed in my p sworn to before , My Comm.Exp,�lo,ciber 16,2015 grid year term commencing July 1, 2014; to —• 4J•//UU designate a representative of the City of Publisher's Fee $ me this day of Omaha to the Partnership Executive Committee; to authorize the Finance Additional Copies $ A JUIyee)o g014 Departmentpay thecost share the Partnership ass called for in such amended Total $49'70 agreement,including an initial contribution of $187,500 from the Storm Water Fee Revenue Notary Public in and for Douglas County, Fund 12128, Storm Water Management State of Nebraska Organization 128026; to amend the Master Plan of the City of Omaha to incorporate plans contained within the Amended Interlocal Agreement; and to provide an effective date hereof. PASSED June 24,2014,7-0 APPROVED BY: JEAN STOTHERT 06/26/2014 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 7-2-14 -- _—