City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 2/8/17  02/09/17 3:42:21 PM

NOTICE
The regular monthly meeting of the Board of Trustees of Omaha Public Library will be held on Wed., February 15 at 5:00 p.m. at the A. V. Sorensen Branch Library, 4808 Cass Street. Proposed agenda kept continually current is available in the Administrative Office at the W. Dale Clark Library, the Board reserves the right to modify the agenda at said public meeting when convened.  Requests for sign language interpreters or alternative formats will require 48 hours advance notice to the Administrative Office, (402) 444-4834.
Laura Marlane
Library Director
 
2-8-17
______
 
 
 
ORDINANCE NO. 41023
An Ordinance authorizing and approving a Lease Purchase Agreement (the "Agreement") between the City of Omaha Public Facilities Corporation (the "Corporation") and the City of Omaha, Nebraska (the "City"), a copy of which Agreement is attached hereto as Exhibit A and incorporated herein by this reference, to provide funds for the lease-purchase of certain real property rights in an upscale convention hotel facility (the "Project") constructed adjacent to the City's convention center; authorizing and approving a Site Lease Agreement (the "Site Lease") between the Corporation and the City for the leasing of the reversion right in and to the Project of the City to the Corporation, a copy of which Site Lease is attached hereto as Exhibit B and incorporated herein by this reference; approving an Indenture of Trust (the "Indenture") between the Corporation and First National Bank of Omaha, as Trustee and Paying Agent, a copy of which Indenture is attached hereto as Exhibit C and incorporated herein by this reference; approving the terms and conditions of the Corporation's not to exceed $140,000,000.00 Lease Revenue Bonds (the "Bonds"), to be issued in one or more separate series as set forth in the Indenture and the issuance and delivery thereof; delegating authority to the City's Finance Director to determine the final price, interest rates, principal amount, tax status and redemption provisions for the Bonds; and satisfying applicable federal income tax law requirements and approving the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
ARTICLE I
FINDINGS AND DETERMINATIONS
The Mayor and Council of the City of Omaha hereby find and determine:
(a) the City of Omaha Public Facilities Corporation, a nonprofit corporation organized under Nebraska law (the "Corporation"), has been established for the purpose of assisting the City of Omaha, Nebraska (the "City") in the (i) acquisition, construction, furnishing and equipping of improvements and additions to public buildings and (ii) the acquisition of equipment and vehicles for the benefit of the City; and,
(b) the City intends that certain parcels of real estate owned by the City, which are within the geographical boundaries of the City, constitute the sites of the Project (collectively, the "Project Sites"). The Project Sites are currently encumbered by two Site Lease Agreements dated as of April 24, 2002 (collectively, the "2002 Leases"), by and between the City and City of Omaha Convention Hotel Corporation, a Nebraska nonprofit corporation (the "Hotel Corporation"); and,
(c) Under the 2002 Leases, the City maintains fee ownership of the Project Sites and a reversion right to the improvements, including the upscale convention hotel (the "Project") located on the Project Sites (the Project Sites together with the Project shall be referred to herein as the "Property"); and,
(d) the Corporation is willing to issue its lease revenue bonds, in one or more series, in the aggregate principal amount of not to exceed $140,000,000.00 (the "Bonds") on behalf of the City, the proceeds of which Bonds will be used, in part, to acquire the Project and to lease rights in and to the Project to the City; and,
(e) the City and the Corporation, pursuant to Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended (the "Home Rule Charter"), contemplate (i) entering into the Site Lease Agreement (the "Site Lease"), whereby the Corporation will lease certain rights in and to the Property from the City and (ii) entering into a Lease-Purchase Agreement (the "Agreement") whereby the City will lease the rights of the Corporation to the Property from the Corporation and pay as rental payments the amounts necessary timely to discharge the indebtedness created by the Corporation's issuance of the Bonds; and,
(f) the Corporation is willing to enter into an Indenture of Trust (the "Indenture") with First National Bank of Omaha, as trustee and paying agent (the "Trustee"), setting forth the maturities, interest rates and other terms and conditions of the Bonds, and providing for the application of the proceeds of the Bonds to the costs of the Project; and,
(g) under applicable Internal Revenue Service rulings, approval by the City Council of the issuance of the Bonds by the Corporation is required in order that the interest on the Bonds may qualify for exclusion from gross income of the holders for the purpose of federal income taxation; and,
(h) the Corporation has requested D.A. Davidson & Co. (the "Underwriter") to underwrite the Bonds; and,
(i) the City has determined that it is in its best interest that the Corporation issue the Bonds and apply the proceeds thereof to (i) acquiring the certain interest in and to the Property and that it is necessary for the City to enter into the Agreement, and the Site Lease, approve the Indenture and satisfy certain requirements of federal income tax law in order that the interest on the Bonds may be excluded from gross income of the holders thereof for federal income tax purposes.
ARTICLE II
AUTHORIZATIONS AND APPROVALS
Section 2.1. The previous formation of the Corporation is hereby acknowledged, approved and ratified by the City Council, and the Corporation is requested and authorized to do that which is necessary and appropriate in order that the Corporation may issue the Bonds on behalf of the City for the purpose of (i) acquiring certain interest in and to the Property, and (ii) paying costs of issuance of the Bonds.
Section 2.2. The Agreement is hereby authorized and approved in accordance with the provisions of Section 5.17 of the Home Rule Charter, and the Mayor of the City shall execute the Agreement by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit A, subject to such changes, insertions and omissions and fillings-in of blanks as shall have been approved by the City officials executing the same pursuant to this Section. The execution and delivery of the Agreement by such officials is conclusive evidence of the approval of such officials of any such changes, insertions, omissions or filling-in of blanks.
Section 2.3. The Site Lease is hereby authorized and approved, and the Mayor of the City shall execute the Site Lease by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit B, subject to such changes, insertions and omissions and fillings-in of blanks as shall have been approved by the City officials executing the same pursuant to this Section. The execution and delivery of the Site Lease by such officials is conclusive evidence of the approval of such officials of any such changes, insertions, omissions or filling-in of blanks.
Section 2.4. The Indenture in substantially the form presented to the City Council and attached hereto as Exhibit C, is hereby authorized and approved.
Section 2.5. Payment by the City of the lease-purchase rental amounts from time to time respectively due under and pursuant to the Agreement is hereby authorized and directed.
Section 2.6. The City Finance Director (or the City Comptroller if the Finance Director is unable for any reason to exercise such authority) is authorized and directed to approve on behalf of the City, subject to the provisions of this Ordinance, the Corporation's designation and establishment of the following terms in connection with each series of the Bonds: (1) the aggregate principal amount of the Bonds to be issued, not exceeding the aggregate principal amounts set forth in Article I, (2) the years in which a principal maturity of the Bonds shall occur and the principal amount of the Bonds to mature in each of such years, maturing on such dates as he or she may determine in each year, (3) the date of final maturity of the Bonds, which shall in no event be later than thirty-five years from the date of issuance of the Bonds, (4) the date or dates upon which the Bonds shall be sold, (5) the rate or rates of interest to be carried by each maturity of each series of the Bonds, such that the true interest cost of the each series of Bonds shall not exceed 6.00% per annum, (6) the first interest payment date for each series of the Bonds, (7) the purchase price for each series of the Bonds, which shall be no less than 96.0% of the principal amount thereof (including an underwriter discount of not to exceed 0.70%), (8) the designation of such Bonds as taxable series or tax-exempt series, as may provide, in the best judgment of the Finance Director or City Comptroller, optimal marketability of the Bonds under then-prevailing market conditions, and (9) all other terms of the Bonds not otherwise determined or fixed by the provisions of this Ordinance.
Section 2.7. The issuance and delivery by the Corporation of the Bonds is subject to final written approval of the terms of the Bonds by the City Finance Director, as provided by Section 2.6, in an Award Certificate delivered by the City and executed on the date of sale of the Bonds (the "Award Certificate").
Section 2.8. The Mayor, City Clerk and Finance Director (or any officer of the City authorized to act in the capacity of Mayor, City Clerk or Finance Director) are hereby authorized and directed punctually to execute such instruments, certificates and documents as may be necessary and appropriate and to do all acts and things required therein by the terms, covenants, provisions and agreements of this Ordinance, the Bonds, the Agreement, the Site Lease and the Indenture. The officers, employees and agents of the City are hereby authorized and directed to do all acts and things necessary to carry into effect the provisions of this Ordinance.
Section 2.9. The City will accept delivery of full legal and unencumbered title to the Property not later than the end of the term of the corresponding series of the Bonds, subject to the 2002 Leases.
ARTICLE III
EFFECTIVE DATE
This Ordinance shall be in full force and effect on the date of its passage, this Ordinance not being legislative in character and immediate effectiveness being within the provisions of Section 2.12 of the Home Rule Charter.
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41024
An Ordinance approving a Second Supplemental Indenture of Trust (the "Indenture") by and between the City of Omaha Convention Hotel Corporation (the "Corporation") and BOKF, National Association, as trustee, a copy of which Indenture is attached hereto as exhibit A and incorporated herein by this reference; approving the terms and conditions of the Corporation's not to exceed $140,000,000.00 Convention Center Hotel Second Tier Revenue Refunding Bonds, Series 2017 (the "Series 2017 Bonds") as set forth in the indenture and preliminarily the issuance and delivery thereof for the purpose of refunding certain of the Corporation's outstanding bonded indebtedness; affirming the City's approval of the formation of and the Articles of Incorporation of the Corporation as a public benefit Corporation acting on behalf of the City; delegating authority to the City's Finance Director to determine the final taxable and tax-exempt series, prices, interest rates, principal amounts and redemption provisions for the Series 2017 Bonds; and approving the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
ARTICLE I
FINDINGS AND DETERMINATIONS
The Mayor and Council of the City of Omaha hereby find and determine:
(a) the City of Omaha, Nebraska (the "City") is authorized by the Convention Center Facility Financing Assistance Act, Sections 13-2601 to 13-2612, inclusive, Reissue Revised Statutes of Nebraska, as amended (the "Convention Center Act"), to finance and refinance public facilities appurtenant to The Century Link Center Omaha, the City's convention center and arena (the "Convention Center") located immediately north of downtown Omaha, Nebraska; and,
(b) the City previously determined that the successful operation of the Convention Center, a publicly-owned and operated facility, required that a hotel facility suitable for prospective conventions and other users of the Convention Center be constructed adjacent to the Convention Center; and,
(c) the City of Omaha Convention Hotel Corporation, a Nebraska nonprofit corporation (the "Corporation"), was incorporated in 2002 as a public benefit corporation for the purpose of providing on behalf of the City (i) the financing for the acquisition, construction, improving and equipping of an upscale convention hotel now named "Hilton Omaha" (the "Hotel") adjacent and appurtenant to the Convention Center, and (ii) the operation and management of such Hotel; and,
(d) the Corporation previously issued its $109,750,000.00 Convention Center Hotel First Tier Revenue Refunding Bonds Series 2007 (the "2007 Bonds") and applied the proceeds of the 2007 Bonds to the refunding of earlier issues of the Corporation's bonds, the proceeds of which were used for the payment of costs of acquiring, constructing, improving and equipping the Hotel; and,
(e) the Corporation previously issued its $37,000,000.00 Taxable Convention Center Hotel First Tier Revenue Bonds Series 2010B (Build America Bonds – Direct Payment to Issuer) (the "2010 Bonds") and applied the proceeds of the 2010 Bonds to the of costs of constructing, improving and equipping an expansion to the Hotel, including an additional 150 guestrooms, a junior ballroom and 100 parking spaces, and a renovation of certain areas of the Hotel; and,
(f) the City, in order that the Corporation may redeem and refund all or a portion of the $100,635,000.00 outstanding principal amount of the 2007 Bonds and the $36,315,000.00 outstanding principal amount of the 2010 Bonds (collectively, the "Refunded Bonds"), now wishes to authorize and approve the issuance of not to exceed $140,000,000.00 City of Omaha Convention Hotel Corporation Convention Center Hotel Second Tier Revenue Refunding Bonds, Series 2017 (the "Bonds"), which Bonds shall be Refunding Bonds within the meaning of the hereinafter-defined Original Indenture and further wishes to authorize, approve and assist in the continued operation and management of the Hotel, by or on behalf of the Corporation; and,
(g) the City, as lessor and the Corporation, as lessee, previously entered into two Site Lease Agreements dated as of April 24, 2002 (collectively, the "2002 Leases") relating to those certain parcels of real estate owned by the City and legally described in the 2002 Leases (the "Project Site"), that constitute a part of and are the location of the Hotel; and,
(h) the City wishes to reaffirm that it acknowledges, approves and ratifies the formation of the Corporation, that it accepts the assistance of the Corporation, acting as public benefit corporation on behalf of the City, for the purposes of the financing, refinancing, operation and management of the Hotel, and that it will cooperate with and assist the Corporation as necessary in furtherance of such purposes; and,
(i) the City desires that the Corporation issue, on behalf of the City under the Indenture (as hereinafter defined), the Bonds in one or more series as tax-exempt convention center hotel revenue refunding bonds or as taxable convention center hotel revenue refunding bonds in the aggregate principal amount of not to exceed $140,000,000.00, and apply the proceeds thereof to refund on a current refunding or advance refunding basis, as applicable, the Refunded Bonds; and,
(j) the City desires that the Corporation privately place the Bonds with a single bond purchaser; and,
(k) the City, in connection with the private placement of the Bonds, hired Stifel, Nicolaus & Company, Inc., as municipal advisor and Swerdling & Associates with respect to certain hotel-related matters in connection with the issuance of the Bonds each of such professionals to be paid the compensation provided for in the Letter Agreement dated as of December 13, 2016 by and among the City, Stifel, Nicolaus & Company, Inc. and Swerdling & Associates; and,
(l) the Bonds shall not be a general obligation of the City, shall not constitute a pecuniary liability of the City, and the full faith and credit and taxing power of the City shall not be pledged as security for the payment of the principal of or interest of the Bonds, but the Bonds shall be solely the obligations of the Corporation, secured by and payable solely from the revenues of the Hotel and such other funds and sources, including a deed of trust secured by the Hotel, as shall be pledged under the hereinafter defined Indenture; and,
(m) the Corporation is willing to issue the Bonds on behalf of the City, the proceeds of which Bonds will be deposited in a redemption fund pursuant to the Indenture for the purposes of refunding the Refunded Bonds; and,
(n) the Corporation is willing to enter into a Second Supplemental Indenture of Trust (the "Indenture") with BOKF, National Association, as trustee (the "Trustee"), which Indenture shall be supplemental to that certain Amended and Restated Indenture of Trust dated as of May 1, 2007 (the "Original Indenture") between the Corporation and Wells Fargo Bank, National Association (as has subsequently been replaced by BOKF, National Association), shall be dated as of March 1, 2017, or such later date as may be approved by the City Finance Director, and shall set forth the series, security, maturity or maturities, interest rate or rates, redemption provisions, tax-exempt or taxable status of the Bonds, and other terms and conditions of the Bonds; and,
(o) under applicable Internal Revenue Service rulings, the approval by the City of the issuance of the Bonds by the Corporation is required in order that the interest on the Bonds may be excluded from gross income of the holders for the purpose of federal income taxation, which exclusion or qualification will reduce the Corporation's net interest costs; and,
(p) the Corporation contemplates receiving an investor letter (the "Investor Letter") providing for the sale of the Bonds to a single bondholder; and,
(q) the City has determined that it is necessary and in best interest of the City as the owner of the Convention Center and for the general welfare and public benefit of the citizens of Omaha, Nebraska that: the Corporation issue the Bonds and apply the proceeds thereof to the costs of refunding the Refunded Bonds, the issuance of the Bonds, and funding any reserves required under the Indenture; that the Corporation operate and manage, or cause to be operated and managed, the Hotel; that the City approve the Indenture and such other agreements (as shall be named and defined by the Indenture) into which the Corporation shall enter to achieve its public purpose with respect to the refunding of the Refunded Bonds and the operation of the Hotel; and that it may be necessary that the City satisfy certain requirements of federal income tax law in order that interest on the Bonds may be excluded from the gross income of the holders thereof for federal income tax purposes.
ARTICLE II
AUTHORIZATIONS AND APPROVALS
Section 1. The formation of the Corporation and the Articles of Incorporation thereof are hereby acknowledged, approved and ratified by the City Council, and the Corporation is authorized to do that which is and shall be necessary and appropriate in order that the Corporation may issue the Bonds on behalf of the City for the purpose of redeeming and refunding the Refunded Bonds, and that the Corporation may operate and manage, or cause to be operated and managed, the Hotel.
Section 2. The Indenture, in substantially the form presented to the City Council and attached hereto as Exhibit A, is hereby approved, subject to such changes, insertions and omissions and fillings-in of blanks as shall have been approved by the City Attorney and Finance Director, which approvals shall be evidenced by the hereinafter defined Award Certificate.
Section 3. The City Finance Director (or the City Comptroller if the Finance Director is unable for any reason to exercise such authority) is authorized and directed to approve on behalf of the City, subject to the provisions of this Ordinance, the Corporation's designation and establishment of the following terms in connection with the Bonds: (1) the designation of such Bonds as taxable series or tax-exempt series, as may provide, in the best judgment of the Finance Director or City Comptroller, optimal marketability of the Bonds under then-prevailing market conditions, (2) the aggregate principal amount of the Bonds to be issued, not to exceed $140,000,000.00 , (3) each year in which a principal maturity of the Bonds shall occur and the principal amount of the Bonds to mature on February 1 (or such other dates as she or he may determine) of each such year, (4) the stated maturity of each series of the Bonds, which shall not be greater than 35 years from their date of issue, (5) the date or dates upon which the Bonds shall be sold, (6) the rate or rates of interest to be carried by each maturity of each series of the Bonds, such that the true interest cost of each series of the Bonds shall not exceed 6.00% per annum, (7) the first interest payment date or dates for the Bonds, (8) the purchase price for each series of the Bonds, which shall be no less than 96.0% of the principal amount thereof, and (9) all other terms of the Bonds not otherwise determined or fixed by the provisions of this Ordinance.
Section 4. The issuance and delivery by the Corporation of the Bonds is hereby approved, subject to final written approval of the terms of the Bonds as provided by Section 3, by the City Finance Director or City Comptroller, as aforesaid, in an Award Certificate to be executed by such official on the date of the sale of the Bonds (the "Award Certificate").
Section 5. (a) The Mayor, City Clerk and Finance Director (or any officer of the City authorized to act in the capacity of Mayor, City Clerk or Finance Director) are hereby authorized and directed punctually to execute such instruments, certificates and documents as may be necessary and appropriate and to do all acts and things required therein by the terms, covenants, provisions and agreements of this Ordinance, the Bonds and the Indenture in furtherance of the refunding of the Refunded Bonds and the operation and management of the Hotel.
(b) The officers, employees and agents of the City are hereby authorized and directed to do all acts and things necessary to carry into effect the provisions of this Ordinance.
Section 6. The City may, at its option, accept delivery of full legal and unencumbered title to the Hotel upon payment in full of the Bonds.
ARTICLE III
EFFECTIVE DATE
This Ordinance shall be in full force and effect on the date of its passage, this Ordinance not being legislative in character and immediate effectiveness being within the provisions of Section 2.12 of the Home Rule Charter.
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41025
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 78th Street and Pawnee Road from AG – Agricultural District to DR – Development Reserve District (property is also located within an existing ED – Environmental Overlay District).
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Lot 1 and Outlot A, Winkelbauer Estates, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG – Agricultural District to DR – Development Reserve District (property is also located within an existing ED – Environmental Overlay District).
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41026
AN ORDINANCE to amend the boundaries of the MCC – Major Commercial Corridor Overlay District, to incorporate into that district the property located at 3303 North 108th Street.
SUMMARY:
In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that:
The south 200 feet and west 200 feet of Lot 16, Maple Heights Addition, as surveyed, platted and recorded in Douglas County, Nebraska, is rezoned to be included in and incorporated into the MCC – Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this Ordinance.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41027
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located south of Hickory Street between 127th and 129th Streets from DR – Development Reserve District and R4 – Single-Family Residential District (High Density) to DR – Development Reserve District.
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Outlots A-C, Sterling Ridge Estates, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR – Development Reserve District and R4 – Single-Family Residential District (High Density) to DR – Development Reserve District.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41028
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located south of Hickory Street between 127th and 129th Streets from R4 – Single-Family Residential District (High Density) to R4 – Single-Family Residential District (High Density).
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Lots 1-9, Sterling Ridge Estates, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from R4 – Single-Family Residential District (High Density) to R4 – Single-Family Residential District (High Density).
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41029
AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement for Stone Creek Plaza, to allow for land use changes to multiple family residential and for the plaza reconfiguration, located southwest of 156th and Fort Streets, between the City of Omaha and Stone Creek Plaza, LLC, providing site development standards; and, to provide for an effective date.
SUMMARY:
AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement for Stone Creek Plaza, to allow for land use changes to multiple family residential and for the plaza reconfiguration, located southwest of 156th and Fort Streets, between the City of Omaha and Stone Creek Plaza, LLC, providing site development standards; and, to provide for an effective date.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41030
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northeast of 168th and Ida Streets from AG – Agricultural District to DR – Development Reserve District.
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Outlots D-F, Highland Hills, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG – Agricultural District to DR – Development Reserve District.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                      02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41031
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northeast of 168th and Ida Streets from AG – Agricultural District to R4 – Single-Family Residential District (High Density).
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Lots 191-381, Highland Hills, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG – Agricultural District to R4 – Single-Family Residential District (High Density).
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                      02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41032
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 168th Street and West Dodge Road from DR – Development Reserve District, MH – Mobile Home Residential District and MU – Mixed Use District to DR – Development Reserve District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district).
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Outlots A-B, West Dodge Pointe Replat 2, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR – Development Reserve District, MH – Mobile Home Residential District and MU – Mixed Use District to DR – Development Reserve District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district).
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41033
AN ORDINANCE to amend the official zoning map of the City of Omaha, adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located northwest of 168th Street and West Dodge Road from DR – Development Reserve District, MH – Mobile Home Residential District and MU – Mixed Use District to MU – Mixed Use District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district).
SUMMARY:
The official zoning map adopted by Section 55-65 of the Omaha Municipal Code, be and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that:
Lots 1-8 and Lots 2A, 3A, 4A and 5A, West Dodge Pointe Replat 2, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from DR – Development Reserve District, MH – Mobile Home Residential District and MU – Mixed Use District to MU – Mixed Use District (property is also located within an ACI-4(PL) Overlay District and portions lie within the flood fringe overlay district).
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41034
AN ORDINANCE to approve a Major Amendment to the Mixed Use District Development Agreement for West Dodge Pointe, located northwest of 168th Street and West Dodge Road, between the City of Omaha and White Lotus Development, providing site development standards; and, to provide for an effective date.
SUMMARY:
AN ORDINANCE to approve a Major Amendment to the Mixed Use District Development Agreement for West Dodge Pointe, located northwest of 168th Street and West Dodge Road, between the City of Omaha and White Lotus Development, providing site development standards; and, to provide for an effective date.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41035
AN ORDINANCE vacating part of the South 86th Circle right-of-way abutting Lots 3 through 8, Block 0 of Loveland Acres, a Subdivision as surveyed, platted, and recorded in Douglas County, Nebraska; and, providing the effective date hereof.
WHEREAS, a petition representing owners of more than 75 percent of the property abutting that portion of South 86th Circle, as described above, has been filed with the City of Omaha; and,
WHEREAS, said property owners have in and by said petition waived any and all damages that may be occasioned by said vacation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That part of the South 86th Circle right-of-way abutting Lots 3 through 8, Block 0 of Loveland Acres, a Subdivision as surveyed, platted, and recorded in Douglas County, Nebraska be, and hereby is, vacated and without further act of the City, title to the vacated right-of-way shall pass to the abutting owner of said property thereof; the vacating of the property herein described, and the reversion thereof, pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers; and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and appurtenances above, on and below the surface of the ground for the purpose of serving the general public or abutting property; and the right so reserved shall also include such lateral connection or branch lines as may be ordered, desired or permitted by the City or such other utility and to enter upon the premises to accomplish the above purposes at any and all times. No buildings, improvements, or other structures shall be placed in, on, over, or across said vacated right-of-way without express written approval of the City. All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person.
Section 2. That the abutting property owners shall construct a cul-de-sac subject to the Omaha Public Works public improvement process and City standards and dedicate that portion of land as right-of-way to provide for public use, snow removal services, and traffic flow. The abutting property owners shall either 1) receive final City approval of the public improvement plans (including an executed contract, bond, and insurance), or 2) submit a Letter of Credit (or other acceptable financial guarantee).
Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41036
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 108th Street (Harrison to "Q" Streets) Improvement Project, identified as OPW 50416, providing that the City negotiate with property owners for land acquisitions, permanent easements, right of entries and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof.
SUMMARY: 
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 108th Street (Harrison to "Q" Streets) Improvement Project, identified as OPW 50416, providing that the City negotiate with property owners for land acquisitions, permanent easements, right of entries and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41037
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 168th Street Public Improvement from W. Dodge Road to Blondo Street Project, identified as OPW 52892, and 168th Street Public Improvement from Blondo Street to Maple Street Project, identified as OPW 52893; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof.
SUMMARY: 
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of the 168th Street Public Improvement from W. Dodge Road to Blondo Street Project, identified as OPW 52892, and 168th Street Public Improvement from Blondo Street to Maple Street Project, identified as OPW 52893; providing that the City negotiate with the property owners for land acquisitions, permanent easements and temporary construction easements; providing that as to each specified parcel which cannot be obtained by negotiation, condemnation proceedings be undertaken and completed; and, providing for the effective date hereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41038
AN ORDINANCE (1) to approve an agreement between the City of Omaha and the Nebraska State Patrol in the amount of four thousand, eight hundred seventy-two dollars ($4,872.00); and to authorize funding for such agreement from the City of Omaha's FY 2015 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to send up to two (2) program staff members to the 2017 Association of Firearm and Toolmark Examiners (AFTE) Training Seminar; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof.
SUMMARY:
AN ORDINANCE (1) to approve an agreement between the City of Omaha and the Nebraska State Patrol in the amount of four thousand, eight hundred seventy-two dollars ($4,872.00); and to authorize funding for such agreement from the City of Omaha's FY 2015 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods): Category 3, grant award #2015-GP-BX-0005, awarded by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); to send up to two (2) program staff members to the 2017 Association of Firearm and Toolmark Examiners (AFTE) Training Seminar; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; providing for payment from a specific account; and, providing for the effective date hereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41039
AN ORDINANCE to approve and authorize an Agreement between the City of Omaha, a municipal corporation, and EB Jacobs, LLC (EBJ), a Pennsylvania Corporation, for services involving the payment of money from appropriations in more than one year in accordance with Sections 5.16 and 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to EB Jacobs, LLC for completing Police and Fire Department entry level and promotional testing for a term of three (3) years with the anticipated cost of the testing to be two hundred twenty-six thousand, eight hundred ninety-seven dollars ($226,897.00) in year one; one hundred sixty-six thousand, three hundred fifty-one dollars ($166,351.00) in year two; and two hundred four thousand, three hundred ninety-six dollars ($204,396.00) in year three, with the option of two one-year extensions; funds for this agreement will be paid from the budget of the Human Resources Department, with sixty-six thousand dollars ($66,000.00) for year one coming from the appropriations for fiscal year 2016 and the remaining from the years in question with funding from Fund No. 11111, Organization No. 105013; and, to provide for an effective date hereof.
SUMMARY: 
AN ORDINANCE to approve and authorize an Agreement between the City of Omaha, a municipal corporation, and EB Jacobs, LLC (EBJ), a Pennsylvania Corporation, for services involving the payment of money from appropriations in more than one year in accordance with Sections 5.16 and 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to EB Jacobs, LLC for completing Police and Fire Department entry level and promotional testing for a term of three (3) years with the anticipated cost of the testing to be two hundred twenty-six thousand, eight hundred ninety-seven dollars ($226,897.00) in year one; one hundred sixty-six thousand, three hundred fifty-one dollars ($166,351.00) in year two; and two hundred four thousand, three hundred ninety-six dollars ($204,396.00) in year three, with the option of two one-year extensions; funds for this agreement will be paid from the budget of the Human Resources Department, with sixty-six thousand dollars ($66,000.00) for year one coming from the appropriations for fiscal year 2016 and the remaining from the years in question with funding from Fund No. 11111, Organization No. 105013; and, to provide for an effective date hereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41040
AN ORDINANCE to repeal and delete Section 5-346 of the Omaha Municipal Code in its entirety as heretofore existing; and, to provide the effective date thereof.
SUMMARY: 
AN ORDINANCE to repeal and delete Section 5-346 of the Omaha Municipal Code in its entirety as heretofore existing; and, to provide the effective date thereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41041
AN ORDINANCE to repeal and delete Sections 19-31, 19-38, 19-50, 19-55, 19-66, 19-69, and 19-90 of the Omaha Municipal Code in their entirety; and, to provide the effective date thereof.
SUMMARY: 
AN ORDINANCE to repeal and delete Sections 19-31, 19-38, 19-50, 19-55, 19-66, 19-69, and 19-90 of the Omaha Municipal Code in their entirety; and, to provide the effective date thereof.
PASSED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                      02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41042
AN ORDINANCE to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Omaha Park 6 Garage located northeast of 17th and Capitol Streets, to increase the number of parking spaces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement, grant four additional renewal options of five years each; and, to provide an effective date.
SUMMARY: 
AN ORDINANCE to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Omaha Park 6 Garage located northeast of 17th and Capitol Streets, to increase the number of parking spaces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement, grant four additional renewal options of five years each; and, to provide an effective date.
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
ORDINANCE NO. 41043
AN ORDINANCE to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Omaha Park 7 Garage located northeast of 16th and Dodge Streets, to increase the number of parking spaces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement, grant four additional renewal options of five years each; and, to provide an effective date.
SUMMARY: 
AN ORDINANCE to approve an amendment to an amended and restated parking lease agreement by and between the City of Omaha and First National Bank of Omaha regarding the Omaha Park 7 Garage located northeast of 16th and Dodge Streets, to increase the number of parking spaces leased, specify the basic term of the lease agreement and the monthly rent for the additional spaces, identify the monthly rental rate for any extended terms in the amended and restated parking lease agreement, grant four additional renewal options of five years each; and, to provide an effective date.
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
SPECIAL ORDINANCE NO. 10204
A SPECIAL ORDINANCE levying a special tax assessment for litter removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-01).
SUMMARY: 
A SPECIAL ORDINANCE levying a special tax assessment for litter removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-01).
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
SPECIAL ORDINANCE NO. 10205
A SPECIAL ORDINANCE levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-02).
SUMMARY: 
A SPECIAL ORDINANCE levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-02).
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                        02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 
SPECIAL ORDINANCE NO. 10206
A SPECIAL ORDINANCE levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-03).
SUMMARY: 
A SPECIAL ORDINANCE levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 2017-03).
PASSED AS AMENDED: January 31, 2017, 6-0
APPROVED BY:
JEAN STOTHERT                       02/02/2017
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
 
2-8-17
______
 
 

 
 
 
 
 
 
 
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