Details for HILLMAN, FORMAN, CHILDERS

HILLMAN, FORMAN,

CHILDERS & MCCORMACK

Attorneys

7171 Mercy Road, Suite 650

Omaha, Nebraska 68106-2669

RESOLUTION OF NECESSITY

THE RESERVE AT

SCHRAM POINT, SID 318

UNDERGROUND

SERVICE AGREEMENT

NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 318 of Sarpy County, Nebraska will be held at 11:00 o'clock a.m. on the 25th day of July, 2018, at Hillman, Forman, Childers & McCormack, 7171 Mercy Road, Suite 650, Omaha, Nebraska, which meeting will be open to the public. The agenda for such meeting, kept continuously current, is available for public inspection at 7171 Mercy Road, Suite 650, Omaha, Nebraska and includes payment of bills and the consideration and passing (or amending and passing) of the following resolution, to-wit:

RESOLVED, that the Board of Trustees of Sanitary and Improvement District No. 318 of Sarpy County, Nebraska find and determine that it is advisable and necessary for the District to enter into an Underground Service Agreement with the Omaha Public Power District for installation of underground electric service distribution lines, underground individual service lines and related equipment for the electrical distribution system to serve 33 single family dwelling units in the District in the subdivision known as The Reserve At Schram Point.

The Agreement proposed for approval and execution by the District is generally as follows:

To pay to OPPD in advance of commencement by OPPD of said installation the sum of $1,350.00 per lot for each of the lots in the subdivision for a total payment of $44,550.00. No refunds will be made of any portion of this payment.

FURTHER RESOLVED, that such project be constructed and all work incidental or necessary thereto done in accordance with the plans and specifications prepared by OPPD and reviewed by E & A Consulting Group, Inc. engineers employed by the District for such purpose, which were filed with the Board of Trustees of the District prior to the first publication of this Resolution. The total cost of such project is estimated to be Sixty Thousand One Hundred Forty-Three Dollars ($60,143.00).

A copy of the Agreement is presently on file with the Clerk of the District and sets forth verbatim the agreement of the parties.

If a Petition opposing this Resolution signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of improvements contemplated herein, is filed with the Clerk of the District within three (3) days before the date of hearing on this Resolution, then this Resolution shall not be passed.

The outer boundaries of the area which may be assessed to the extent it may be specially benefitted by such improvements are the same as the outer boundaries of The Reserve At Schram Point, a subdivision in Sarpy County, Nebraska, a final plat for such subdivision which has been prepared and is presently on file with the Clerk of the District and with the City Clerk of Papillion and filed with the Sarpy County Register of Deeds.

To pay the costs associated with such Statement, the Board of Trustees shall have the power to issue negotiable bonds after provisions of the Statement calling for payment of funds have occurred or been completed and accepted; such bonds shall be called "Sanitary and Improvement Bonds" and shall be payable and bear interest as provided by the Statutes of the State of Nebraska. The Board of Trustees shall have the power to assess, to the extent of special benefits, the cost of such portions of any improvements as may be local improvements against properties found specially benefitted thereby.

All special assessments which may be levied against property specially benefitted by such improvements shall, when collected, be set aside and constitute a sinking fund for the payment of the interest and principal of such bonds. The District shall also cause to be levied annually a tax upon the assessed value of all taxable property within the District, except intangible property which, together with such sinking fund derived from special assessments, shall be sufficient to meet payments of interest and principal on such bonds as the same become due; such tax shall be known as the "Sanitary and Improvement District Tax" and shall be payable annually in money.

At this hearing, owners of the property from the District may appear and make objections to the proposed Statement. If the owners representing the majority of the front footage of real estate within the District fail to sign and present to the Board, on or prior to the hearing date, a written Petition opposing the Resolution, then a majority of the Board of Trustees, may pass the resolution and they adopt the proposed Statement, or amend and then pass the Resolution, and thereby approving the Statement as altered. If, however, a Petition opposing such Resolution is signed by property owners representing a majority of the front footage within the District which may become subject to assessment for the costs of such Statement is filed with the Board within three (3) days before the hearing date, then the Board of Trustees shall not adopt this Resolution.

SANITARY AND IMPROVEMENT DISTRICT NO. 318 OF

SARPY COUNTY, NEBRASKA

By: Rodney K. Schram, Chairman

Attest:

Jon D. McCormick, Clerk

2107315; 7/11, 7/18

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