City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 10/10/18  10/10/18 1:32:13 PM

 

CITY OF OMAHA

PUBLIC HEARING NOTICES

 

Notice is hereby given that the City Council of the City of Omaha met on October 2, 2018 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 41595

AN ORDINANCE to amend the boundaries of the ACI-2 district of the Area of Civic Importance Overlay District, to incorporate into that district the property located northwest of 84th Street and Indian Hills Drive; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-609 through 55-617 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: Lot 3, Indian Hills Village, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned to be included in and incorporated into the ACI-2 district of the Areas of Civic Importance Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 18, 2018; Second Reading September 25, 2018; Third Reading, Public Hearing and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert, Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

 

 

ORDINANCE NO. 41596

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 at 1708 Sahler Street from GI-General Industrial District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. 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 4, Block 1, Boulevard Park Subdivision, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from GI-General Industrial District to R5-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 18, 2018; Second Reading September 25, 2018; Third Reading, Public Hearing and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

 

 

ORDINANCE NO. 41597

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 at 1103 South 22nd Street from GI-General Industrial District to R5-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. 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: The north 40 feet of Lots 9-10, Block 1, Shulls Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from GI-General Industrial District to R5-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 18, 2018; Second Reading September 25, 2018; Third Reading, Public Hearing and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41598

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 at 13126 North 42nd Street from DR-Development Reserve District and R1-Single-Family Residential District (Large lot) to DR-Development Reserve District (property is located within an ED-Environmental Resources Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. 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 6, Block2, Hickory Hill, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, and part of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 16 North, Range 13 East of the 6th P.M., in Douglas County, Nebraska is hereby rezoned from DR-Development Reserve District and R1-Single-Family Residential District (Large lot) to DR-Development Reserve District (property is located within an ED-Environmental Resources Overlay District). Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 18, 2018; Second Reading September 25, 2018; Third Reading, Public Hearing and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41599

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located at 5645 North 90th Street; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. 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: Lots 1, Plaza North, an addition to the City of Omaha, Douglas County, Nebraska, is hereby 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. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading September 18, 2018; Second Reading September 25, 2018; Third Reading, Public Hearing and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41600

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the Blake Street Lift Station project identified as OPW 53270 (CSO); 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing the Blake Street Lift Station project identified as OPW 53270 (CSO); Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41601

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing Cole Creek 202, Phase 1, project identified as OPW 53417; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing Cole Creek 202, Phase 1, project identified as OPW 53417; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41603

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 120th Street, Stonegate Drive to Roanoke Boulevard, project identified as MAPA 5009(3), CN 22277, OPW 50949; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing 120th Street, Stonegate Drive to Roanoke Boulevard, project identified as MAPA 5009(3), CN 22277, OPW 50949; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41604

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 168th Street, "Q" to West Center Road; project identified as Federal Aid Project Number STPC-3811 (1), State Control No. 22209, City Project OPW 50417, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing 168th Street, "Q" to West Center Road; project identified as Federal Aid Project Number STPC-3811 (1), State Control No. 22209, City Project OPW 50417; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41605

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 168th Street, Pacific Street to West Center Road; project identified as Federal Aid Project Number STPC-3811 (2), State Control No. 22210, City Project OPW 51016, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing 168th Street, Pacific Street to West Center Road; project identified as Federal Aid Project Number STPC-3811 (2), State Control No. 22210, City Project OPW 51016; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41606

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the Crown Pointe Avenue, Blair High Road to 72nd Street Improvement project identified as OPW 52884; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing the Crown Pointe Avenue, Blair High Road to 72nd Street Improvement project identified as OPW 52884; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

_______

 

ORDINANCE NO. 41607

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 99th & Ida Storm Sewer Repair, project identified as OPW 53096; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing 99th & Ida Storm Sewer Repair, project identified as OPW 53096; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41611

AN ORDINANCE (1) to approve a professional services agreement between the City of Omaha and Toni G. Jensen in the amount of seven thousand, three hundred and eighty dollars ($7,380); and (2) to authorize funding for such agreement from the City of Omaha's FY 2016 Improving Criminal Justice Reponses to Sexual Assault, Domestic Violence and Stalking Grant Program (ICJR), Award #2016-WE-AX-0041, awarded by the Office on Violence Against Women (OVW); to provide funding for one (1) Community Safety Assessment and Accountability Coordinator; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the agreement between the City of Omaha and Toni G. Jensen in the amount of seven thousand, three hundred and eighty dollars ($7,380), budgeted from the Office on Violence Against Women's (OVW) FY 2016 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence and Stalking Grant Program, Award #2016-WE-AX-0041, to provide funding for one (1) Community Safety Assessment and Accountability Coordinator, is hereby approved. Section 2. That, the agreement extends from May 1, 2017 to September 30, 2019, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 3. That there is no match with this grant award. Section 4. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41612

AN ORDINANCE (1) to approve an agreement between the City of Omaha and the Women's Center for Advancement in the amount of thirty-nine thousand three hundred and seventy-seven dollars ($39,377); and (2) to authorize funding for such agreement from the City of Omaha's FY 2017 STOP Violence Against Women (VAWA) Grant, Award #17-VW-0711, awarded by the Nebraska Crime Commission; to provide partial funding for one (1) full-time Client Attorney and one (1) full-time Victim Advocate, and Indirect Costs as part of the Douglas County Community Response Team; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the agreement between the City of Omaha and the Women's Center for Advancement in the amount of thirty-nine thousand three hundred and seventy-seven dollars ($39,377), budgeted from the Nebraska Crime Commission FY 2017 STOP Violence Against Women (VAWA) Grant, Award #17-VW-0711, for partial funding of one (1) full-time Client Attorney and one (1) full-time Victim Advocate, and Indirect Costs as part of the Douglas County Community Response Team, is hereby approved. Section 2. That, the agreement extends from July 1, 2018 to June 30, 2019, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 4. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

 

ORDINANCE NO. 41602

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 78th Street, Mercy Road to Pacific Street, project identified as OPW 52281; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That it is proper and necessary and it is hereby declared proper and necessary to appropriate certain private property for the purpose of constructing 78th Street, Mercy Road to Pacific Street, project identified as OPW 52281; Said property and lands necessary for such purposes are described as follows: See the attached Exhibit "A" plat drawing of abutting properties for which land acquisitions, permanent easements and temporary construction easements will be needed to complete this project. Section 2. That the Public Works Department of the City of Omaha be, and it hereby is, authorized, empowered, and directed to negotiate, through either employees of the City of Omaha or through persons employed therefor or through any combination thereof, with the owners of the above-described properties for the acquisition of said properties by the City of Omaha for aforesaid purposes. Upon failure to agree by negotiations with the owners of any of the above-described properties for the acquisition thereof by the City of Omaha, the Public Works Department is authorized, empowered, and directed, together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha required to be given the owners or other persons having any interest in and to any of the above described real estate may be given by either the Public Works Department or the Law Department of the City of Omaha. The Public Works Department will be responsible for recording of all deeds, easements or other acquisition documents resulting from the exercise of the authority granted under this Ordinance in the Register of Deeds Office in the appropriate county. Section 3. That this Ordinance shall take effect and be in force after its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 6-0-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41609

AN ORDINANCE providing for the designation of an enhanced employment area; the levy of a general business occupation tax; providing for the administration, imposition and collection of such occupation tax; specifying the use of such occupation tax revenue; and related matters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA, NEBRASKA: Section 1. Findings and Determinations. Pursuant to the Nebraska Community Development Law, Nebraska Revised Statutes Sections 18-2101 et. Seq., as amended (the “Act”), Chapter 19, Article XVII of the Omaha Municipal Code (“General Enhanced Employment Tax”) provides for the establishment of an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of the authorized work within an enhanced employment area. The City is authorized to levy and collect a general business occupation tax upon businesses and users of space within an enhanced employment area for the purpose of paying all or any part of the total costs and expenses of a redevelopment project, as allowed by the Act, within an enhanced employment area. The City Council approved and adopted the Blackstone Hotel Tax Increment Financing Redevelopment Project Plan on September 11, 2018 for the complete rehabilitation, conversion and restoration of the historic Blackstone Hotel into an upper, upscale, 205 room full-service boutique hotel with various hotel amenities including parking (“Redevelopment Project”). The Redevelopment Project Plan was revised to provide for the designation of an enhanced employment area, as allowed by the Act and the General Enhanced Employment Tax. The City Council approved the Blackstone Hotel Tax Increment Financing Redevelopment Project Plan on September 11, 2018 (the “Redevelopment Plan”). Pursuant to the authority granted by Neb. Rev. Stat. §18-2142.02, as amended, and Chapter 19, Article XVII of the Omaha Municipal Code, and at the request of the property owner, the City Council determines that it is necessary, desirable, advisable and in the best interests of the City that a general business occupation tax be imposed within the enhanced employment area, as designated herein, for the purpose set forth in Chapter 19-901(b) of the Omaha Municipal Code. The City Council further determines that based on written undertakings provided by the property owner and the developer, the new investment in the enhanced employment area satisfies the employment requirements of the Act. Section 2. Designation of Enhanced Employment Area. The City hereby designates the area as legally described on Exhibit "A", attached hereto and incorporated herein, as an "enhanced employment area" as defined under section 18-2103(11) of the Act (the "Enhanced Employment Area"). The Enhanced Employment Area is within a "substandard and blighted" area pursuant to section 18-2109 of the Act, and included within and considered a part of a "community redevelopment area" for the City and the Redevelopment Project meets the employment requirements under the Act. Section 3. Occupation Tax Imposed; Collection of Occupation Tax. Commencing January 1, 2019, and in each calendar month thereafter until the “Occupation Tax Promissory Note", as defined in the Occupation Tax Agreement, has been paid in full there shall be imposed a general business occupation tax upon each and every person operating a business within the Enhanced Employment Area (the "Occupation Tax"). The amount of such Occupation Tax shall be based on the following business uses taking place within the Enhanced Employment Area: 1. 3.00% of the gross room revenues of all hotel businesses located in the Enhanced Employment Area; 2. 1.95% of food and beverage sales of restaurant businesses located in the Enhanced Employment Area; 3. 1.95% of gross retail sales or sales of services for businesses located in the Enhanced Employment Area, provided that such tax shall not affect tenants under leases that pre-date this Ordinance unless and until such leases are extended or renewed; 4. $0.25 per square foot (gross) (which shall increase 3% per year compounding) of commercial office space area not occupied by retail, restaurant, or hotel businesses located in the Enhanced Employment Area; and 5. $120 per apartment per year (which shall increase 3% per year compounding) for each rental apartment located within the Enhanced Employment Area. Such Occupation Tax shall be imposed on the gross receipts resulting from the sale, lease, or rental of any products, rooms, units, or services within the Enhanced Employment Area, as indicated for the business uses listed above, except that such tax shall not be imposed on any transaction which is subject to tax under sections 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602 or 77-4008, or which is exempt from tax under section 77-2704.24 of the Nebraska Revised Statutes, as amended. The amount of the Occupation Tax shall at all times be subject to such applicable rules and regulations imposed by the State of Nebraska Department of Revenue, regarding the use and imposition of the general business occupation tax authorized by section 18-2142.02 of the Act. The person engaged in operating a business subject to the Occupation Tax may include the tax on or for the selling price, services rendered, charges incurred, rates, or other consideration received on a bill, statement, receipt, or other similar invoice to the purchaser, but each person engaged in a business shall remain liable for the Occupation Tax imposed by this Ordinance. Section 4. Tax Cumulative. The levy of the Occupation Tax under this Ordinance is in addition to all other fees, taxes, excises and licenses levied and imposed under any contract or  any other ordinances of the City, in addition to any fee, tax, excise or license imposed by the State of Nebraska or federal government. Payment of the Occupation Tax imposed by this Ordinance shall not relieve the person paying the same from payment of any other tax now or hereafter imposed by contract or ordinance, including those imposed on any business or occupation carried on, unless otherwise specified therein. The Occupation Tax imposed by this Ordinance shall be cumulative, except where otherwise specifically provided. Section 5. Use of Revenue. The Occupation Tax imposed by this Ordinance, less any administrative expenses, shall be used to fund any expenditure that is lawfully authorized to be made under the Act and this Ordinance in connection with the development or the Project, located within the Enhanced Employment Area. Section 6. Sunset Provision. The Occupation Tax shall expire only upon full payment of the "Occupation Tax Promissory Note", as defined in the Occupation Tax Agreement. Section 7. Effective Date. This Ordinance shall be in full force and take effect 15 (fifteen) days from and after the date of its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 6-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

ORDINANCE NO. 41608

AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment and Occupation Tax Agreement between the City of Omaha and BSHO, LLC, a Nebraska Limited Liability Company to implement the Blackstone Hotel Tax Increment Financing (TIF) Redevelopment Project Plan, for a project site located at 302 South 36th Street, which proposes the complete rehabilitation, conversion and restoration of the historic Blackstone Hotel into a 205 room upper, upscale, full-service boutique hotel with various hotel amenities, and also requests the designation of an Enhanced Employment Area and the use of the General Business Occupation Tax; the agreement authorizes the use of up to $7,807,000.00, plus accrued interest; in excess ad valorem taxes (TIF) and $22,627,138.00 in occupation tax funds generated by the development to help fund the cost of the project, and providing for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment and Occupation Tax Agreement between the City of Omaha and BSHO, LLC, a Nebraska Limited Liability Company, to authorize the use of up to $7,807,000.00, plus accrued interest, in TIF to offset eligible expenses, as allowed by the Community Redevelopment Law, such as acquisition, utility extensions and hookups, and all public improvements as required, with the applicant contributing $31,000.00 of the TIF loan proceeds to the Midtown Public Improvement Fund for various other public improvements as identified by the City, surrounding the project; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

 

First Reading September 18, 2018; Second Reading and Public Hearing September 25, 2018; Third Reading and Vote October 2, 2018

 

PASSED: October 2, 2018: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

10-10-18

______

 

 
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