City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 8/22/18  08/22/18 8:49:03 AM

 

CITY OF OMAHA

PUBLIC HEARING NOTICES

 

Notice is hereby given that the City Council of the City of Omaha met on August 14, 2018 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 41533

AN ORDINANCE to transfer a permanent easement in land to Metropolitan Utilities District of Omaha, a municipal Corporation and a Political Corporation, for purposes of relocating facilities, and appurtenances thereto, upon City-owned property located near 144th and First National Bank Parkway; to authorize the Mayor to execute the attached Right-of-Way Easement; and to provide an effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, notwithstanding the procedure outlined in Section 27-51 to 27-75 of the Omaha Municipal Code will transfer to the Metropolitan Utilities District of Omaha, a municipal Corporation and a Political Corporation, a permanent easement to the extent it has any interest in the following piece of property: A TRACT OF LAND BEING A PORTION OF OUTLOT 3, FIRST NATIONAL BUSINESS PARK, A SUBDIVISION AS SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST CORNER OF SAID OUTLOT 3; THENCE NORTH 87°35'20" EAST (AN ASSUMED BEARING) ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF 50.73 FEET; THENCE SOUTH 02°24'25" EAST ALONG THE EAST LINE OF SAID LOT A DISTANCE OF 222.29 FEET; THENCE SOUTH 87°35'35" WEST A DISTANCE OF 59.11 FEET; THENCE NORTH 18°49'39" WEST ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 2.68 FEET; THENCE NORTH 00°01'37" WEST ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 219.91 FEET; TO THE POINT OF BEGINNING, CONTAINING 0.2824 ACRES, MORE OR LESS. Section 2. That the Mayor of the City of Omaha shall be authorized to execute the permanent easement attached to this Ordinance. Section 3. That this ordinance shall be in full force and take effect on the date of its passage.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41550

AN ORDINANCE approving the Grant Agreement between the City of Omaha and the Nebraska Department of Environmental Quality to finance the operation of UndertheSink, the household hazardous waste facility located at 4001 South 120th Street; to provide for reimbursements totaling an amount not to exceed $337,500 involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter, as amended; to provide for payments from a specific account; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the Nebraska Department of Environmental Quality has awarded the City of Omaha a Waste Reduction and Recycling Incentive Grant Agreement for the operation of the UndertheSink, the household hazardous waste facility serving the residents of the City of Omaha, Douglas County and Sarpy County, Nebraska, which by this reference is made a part hereof, outlining the terms and conditions under which NDEQ will provide reimbursement for operational expenses for UndertheSink, for a term of July 1, 2018 through June 30, 2019, is hereby approved. Section 2. That this Contract provides for reimbursements in an amount not to exceed $337,500, involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended. Section 3 That these payments shall be made to the Household Chemical Disposal Fund 21129, Household Chemical Disposal Organization 116925. Section 4. That this Ordinance, being administrative in nature, shall take effect and be in full force upon the date of its passage.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41534

An ordinance vacating a portion of Saratoga Street bound on the West and the North by Lot 1 of Fort Omaha Expansion, bound on the East by 30th Street, and bound on the South by Lot 17 of O'Brien's Addition, subdivisions, as surveyed, platted and recorded in Douglas County, containing 7,631 square feet more or less; and providing the effective date hereof. WHEREAS, Neb. Rev. Stat. Section 14-375 provides that the City Council may vacate a street or alley without petition upon City Planning Board recommendation; and, WHEREAS, the Statute further provides that a Committee of Appraisers be appointed to appraise damages, if any, to property affected by the vacation; and, WHEREAS, Resolution No. 781 adopted June 13, 2017, appointed Chris Jerram, Aimee Melton, and Vinny Palermo members of the City Council, to assess damages to all property affected by the vacation; and, WHEREAS, on June 26, 2018, the Committee of Appraisers held a meeting at 8:30 a.m. in the City Council Conference Room, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, at which meeting no cause for any damages was found as a result of the vacation; and, WHEREAS, the City Council finds there are no damages as a result of this vacation, and that such vacation should be approved; and, WHEREAS, Fair Market Value has been received for the conveyance of the right-of-way to be vacated. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That a portion of Saratoga Street bound on the West and the North by Lot 1 of Fort Omaha Expansion, bound on the East by 30th Street; and bound on the South by Lot 17 of O'Brien's Addition, subdivisions, as surveyed, platted and recorded in Douglas County, containing 7,631 square feet more or less; 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 this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41535

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing city limit line of the City of Omaha as established by Ordinance Number 38172, passed July 22, 2008, said point being the Southeast corner of Lot 13, Cherry Ridge, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska, said point also being the intersection of the West right-of-way line of 108th Street and the North right-of-way line of Military Road; thence northerly along said West right-of-way line to its intersection with the North right-of-way line of Ida Street; thence West along said North right-of-way line to its intersection with the West right-of-way line of 114th Street, said point also being the Northeast corner of Lot 1, Cherry Ridge West Two, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence West along the North line of said addition, to the Northeast corner of Lot 24, Cherry Ridge West Two Replat One, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence West along the North line of said addition, and said line extended Westerly, to the Northeast corner of Lot 1, Cherry Ridge West Three, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence West along the North line of said addition, and said line extended Westerly, to its intersection with the West right-of-way line of 120th Street; thence South along said West right-of-way line, to its intersection with the South right-of-way line of Military Road; thence Easterly along said South right-of-way line, to the Northwest corner of Lot 642, Rambleridge, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence Northeasterly, to the Southwest corner of Lot 297, said Cherry Ridge addition, said point also being the intersection of the East right-of-way line of said 114th Street, with the North right-of-way line of said Military Road; thence Easterly along said North right-of-way line, to the Southeast corner of Lot 13, said Cherry Ridge addition, said point being the point of beginning.   A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 7.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41536

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing city limit line to the City of Omaha as established by Ordinance no. 40078, passed August 19, 2014, said point being Southeast corner of the Southwest Quarter (SW 1/4) of Section 9, Township 14 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence west along the South line of said Section 9, to the Southwest corner of the Southwest Quarter (SW 1/4) of said Section 9, said line also being the division line between Douglas County and Sarpy County, Nebraska; thence continuing along said County line, said line also being the South line of Section 8, Township 14 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, to its intersection with the West right-of-way line of 180th Street; thence North along said West right-of-way line, to its intersection with the North line of said Section 8; Thence East along the North line of said Section 8 and said Section 9, to its intersection with the Northerly extension of the West line of Lot 1, Mission Park, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence South along said Northerly extended line, to the Northwest corner of said Lot l; thence South along the West line of Said Lot 1, to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1, to the Northwest corner of Lot 148 said addition, said point also being on the East line of the West Half (W 1/2) of said Section 9; thence South along said East line of the West Half (W 1/2) of said Section 9, to the Southeast corner of the Southwest Quarter (SW 1/4) of said Section 9, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 5.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

 

ORDINANCE NO. 41537

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing city limit line to the City of Omaha as established by Ordinance no. 28087, passed July 12, 1977, said point being 660.17 feet North of the Southeast corner of the Southeast Quarter (SE 1/4) of Section 35, Township 16 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence Southwesterly and Northerly along said city limit line along the following four courses; thence S42°35'3l"W a distance of 933.28 feet, to a point 658.21 feet West of said Southeast corner; thence S24°50'03"W a distance of 727.04 feet; thence S43°13'28"W a distance of 463.66 feet; thence N2°3'26"W a distance of 971.03 feet to a point 1,316.60 feet West of said Southeast corner, thus ending described course; thence continuing Northerly along said city limit line, to its intersection with the North right-of-way line of Fort Street; thence West along said North right-of-way line, to its intersection with the West right-of-way line of 156111 Street; thence South along said West right-of-way line to its intersection with the South line of the Northeast Quarter (NE 1/4) of Section 3, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence East along said South line, to the Southeast corner of said Northeast Quarter (NE 1/4), thence East along the South line of the North half (N1/2) of Section 2, Township 15 North, Range 11 East of the 61h P.M., Douglas County, Nebraska, to the Southeast corner of said North half (N1/2); thence North along the East line of said Section 2, to the Northeast corner of said Section 2; thence North along the East line of said Section 35, a distance of 660.17 feet, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 7.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

 

ORDINANCE NO. 41538

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing city limit line to the City of Omaha as established by Ordinance no. 34996, passed August 10, 1999, said point being the Northeast corner of Lot 20, Mission Hills, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence S00°06'53"E along the East line of Lots 20 through 22 said Addition, a distance of 275.00 feet, to a point on the East line of said Lot 22; thence S21°49'57"E along the northeast line of Lots 22, 23, 26, 27 and 28, a distance of 459.43 feet, to a point on the East line of said Lot 28, said point also being on the West line of the East half (E1/2) of the Northwest Quarter (NW1/4) of Section 10, Township 14 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence S00°06'53"E along said West line, a distance of 1,891.97 feet, to the Southwest corner of said East Half (E1/2) of said Northwest Quarter (NW1/4), said point also being the Southeast corner of Lot 50, said addition; thence East along the South line of said Northwest Quarter (NW1/4), to the Southeast corner of said Northwest Quarter (NW1/4); thence North along the East line of said Northwest Quarter (NW1/4), to the Northeast corner of said Northwest Quarter (NW1/4); thence West along the North line of said Northwest Quarter (NW1/4), to its intersection with the Northerly extension of the East line of said Lot 20; thence South along said Northerly extended line, to the Northeast corner of said Lot 20, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 5.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

 

ORDINANCE NO. 41539

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City limits line of the City of Omaha, as established by Ordinance Number 40079, passed August 19, 2014, said point being the Southeast corner of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 15 North, Range 11 East, of the 6th P.M., Douglas County, Nebraska; thence West along the South line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, to the Southwest corner of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 32; thence North along the West line of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 32; thence West along the North line of the Southeast 1/4 of said Section 32, to the Northwest corner of the Southeast 1/4 of said Section 32; thence South along the West line of the Southeast 1/4 of said Section 32, to the Southwest corner of the Southeast 1/4 of said Section 32; thence East along said South line of said Section 32, to the Southeast corner of said Section 32; thence North along the East line of said Section 32, to the Southeast corner of the North 1/2 of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

ORDINANCE NO. 41540

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City limits line of the City of Omaha, as established by Ordinance Number 26492, passed August 29, 1972, said point being the intersection of the North right-of-way line of Interstate 680, as described in said Ordinance, with the southerly extended west line of Outlot "A", Lake Cunningham Ridge, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence north along said southerly extended line, to the Southwest corner of said Outlot "A"; thence north along the West line of said addition, to the Northwest corner of Lot 110, said addition, said point also being the Northwest corner of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) Section 23, Township 16 North, Range 12 East of the 6th P.M., Douglas County, Nebraska; thence East along the North line of the South Half (S 1/2) of said Section 23, to its intersection with the East right-of-way line of 75111 Street; thence South along said East right-of-way line to its intersection with the North right-of-way line of said Interstate 680, as described by said Ordinance Number 26492; thence Southwesterly along said city limit line to its intersection with the southerly extended west line of Outlot "A", said Lake Cunningham Ridge, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 1.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41541

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City limits line of the City of Omaha, as established by Ordinance Number 32733, passed July 14, 1992, said point being the Southeast corner of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 32, Township 15 North, Range 11 East, of the 6th P.M., Douglas County, Nebraska; thence West along the South line of the North Half (N 1/2) of said Section 32, to its intersection with the North right-of-way line of Grover Street; thence Westerly along said North right-of-way line, to its intersection with the West right-of-way line of 192nd Street; thence Northerly along said West right-of-way line, to its intersection with a line 330.00 feet North of and parallel to the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 31, Township 15 North, Range 11 East, of the 6th P.M., Douglas County, Nebraska; thence East along said line 330.00 feet North of and parallel to the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 31, to a point 330.00 feet North of the Southwest corner of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of said Section 32; ; thence East along a line 330.00 feet North of and parallel to the South line of the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of said Section 32, to its intersection with a line 393.00 feet East of and parallel to the West line of the Northwest Quarter (NW 1/4) of said Section 32; thence North along a line 393.00 feet East of and parallel to the West line of the Northwest Quarter (NW 1/4) of said Section 32, to its intersection with the South Right-of-way line of West Center Road, said line also being the existing City limit line of the City of Omaha, as established by Ordinance Number 36483, passed January 13, 2004; Thence Easterly along said South right-of-way line, as described in said Ordinance Number 36483, to the Northwest corner of Lot 20, Ridgeview, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence S00°00'47"E, along the West line of said Lot 20, a distance of 45.64 feet to the Northwest corner of Lot 2, Ridgeview Replat 9, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Southerly and Southwesterly along the West line of said Lot 2, to the West most point of said Lot 2; thence S00°00'47"E, a distance of 75.00 feet, to a point on the existing City limits line of the City of Omaha, as established by said Ordinance Number 32733; thence S01°53'35" E, parallel with the West line of said East Half (E 1/2) of the Northwest Quarter (NW 1/4) of said Section 32, a distance of 300.00 feet; thence S87°35'44" W, parallel with said North line of the East Half (E 1/2) of said Northwest Quarter (NW1/4), a distance of 225.79 feet to a point 100.00 feet East of the West line of said East Half (E 1/2) of the Northwest Quarter (NW 1/2) of said Section 32; thence S01°053'35" E, along a line 100.00 feet East of and parallel to the West line of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of said Section 32, a distance of 713.99 feet; thence S82°03 '37" E, a distance of 1592.61 feet to a point 1020.00 feet North of and 350.00 feet East of said Southwest corner of the West Half (W 1/2) of the Northeast Quarter (NE1/4) of said Section 32; thence S66°45'35" E, a distance of 1083.03 feet to a point 550.00 feet North of the Southeast corner of the West Half (W 1/2) of the Northeast Quarter (NE1/4) of said Section 32; thence SOI 040'34" E, along the East line of the West Half (W 1/2) of the Northeast Quarter (NE 114) of said Section 32, a distance of 550.00 feet to the Southeast corner of the West Half (W 1/2) of the Northeast Quarter (NE 114) of said Section 32, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41542

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City Limits Line of the City of Omaha as established by Ordinance Number 36490, passed January 13, 2004, said point being the Southwest corner of Outlot "B", Village Pointe, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence North along the West line of said Outlot "B" to the Northwest corner of said Outlot "B", said point also being on the Southerly right-of-way line of Burke Street; thence Southwesterly along said Southerly right-of-way line of Burke Street on a curve to the left with a radius of 1384.86 feet, a distance of 64.33 feet, said curve having a long chord which bears S87°40'11"W, a distance of 64.33 feet; thence Southwesterly along said Southerly right-of-way line of Burke Street on a curve to the left with a radius of 947.00 feet, a distance of 142.59 feet, said curve having a long chord which bears S82°01'30"W, a distance of 142.46 feet; thence Southwesterly along said Southerly right-of-way line of Burke Street on a curve to the left with a radius of 621.59 feet, a distance of 242.38 feet, said curve having a long chord which bears S66°32'26"W, a distance of 240.85 feet; thence S55°22'11"W along said Southerly right-of-way line of Burke Street, a distance of 85.35 feet; thence N34°37'49"W, a distance of 100.00 feet to the Southwest corner of Lot 3, Village Pointe Replat Two, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; said point also being on the Northerly right-of-way line of said Burke Street; thence N12°26'33"E along the Westerly line of said Lot 3, a distance of 45.18 feet; thence N34°37'49"W along said Westerly line of Lot 3, a distance of 15.61 feet; thence Northwesterly along said Westerly line of Lot 3, on a curve to the right with a radius of 230.00 feet, a distance of 68.08 feet, said curve having a chord which bears N26°09'01"W, a distance of 67.83 feet; thence S86°33'12"W along said Westerly line of Lot 3, a distance of77.98 feet; thence N00°25'03"E along said Westerly line of Lot 3, and the Northerly extension thereof, to its intersection with the South right-of-way line of West Dodge Road, said line also being the existing City Limits Line of the City of Omaha as described in Ordinance Number 38182, passed July 22, 2008; thence Westerly along said South right-of-way line, as described in said ordinance, to its intersection with the West right-of-way line of 180th Street; thence Southerly along said West right-of-way line of 180th Street, to its intersection with the South line of the Northeast Quarter (NE 1/4) of Section 20, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence East along said South line to the Southeast corner of said Northeast Quarter (NE 1/4); Thence East along the South line of the Northwest Quarter (NW 1/4) of Section 21, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska, to the Southeast corner of said Northwest Quarter (NW 1/4); thence North along the East line of said Northwest Quarter (NW 1/4) to the Southwest corner of said Outlot "B", Village Pointe Subdivision, said point also being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

 

ORDINANCE NO. 41543

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City Limits Line of the City of Omaha as established by Ordinance Number 41214, passed December 23, 2008, said point being the Northwest corner of Lot 13, West Dodge Place, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska, said point also being on the East right-of-way line of 180th Street; thence North along said East right-of-way line, to its intersection with the Easterly extension of the North right-of-way line of HWS Cleveland Boulevard; thence Westerly along said extended line, to the Southeast corner of Lot 4, The Residences at West Dodge Station, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Southwesterly along said North right-of-way line, to the Southwest corner of Lot 1, The Residences at West Dodge Station Replat 2, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence South to the Northwest corner of Lot 3, West Dodge Station, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence South along the West line of said Lot 3, to the Southwest corner of said Lot 3; thence South to the Northwest corner of Lot 2, West Dodge Station Replat 1, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence South along the West line of said Lot 2, to the Southwest corner of said Lot 2, said point also being on the North right-of-way line of West dodge Road, as described in annexation Ordinance Number 3 8182, passed July 22, 2008; thence Easterly along said North right-of-way line, to its intersection with the West right-of-way line of 180th Street; thence Northerly along said West right-of-way line to its intersection with the Westerly extension of the North line of said Lot 13, West Dodge Place subdivision; thence Easterly along said extended line, to the Northwest corner of said Lot 13, said point also being the point of beginning. Together with the following described land: Beginning at a point on the existing City Limits Line of the City of Omaha as established by Ordinance Number 3 8321, passed August 15, 2017, said point being the intersection of the East right-of-way line of 192nd Street and the South right-of-way line of Old Lincoln Highway; thence South along said East right-of-way line, as described in said ordinance, to its intersection with North right-of-way line of Honeysuckle Drive; thence East along said North right-of-way line, to the Southwest corner of Lot 26, Silverleaf Estates, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence North along the West line of said Lot 26, to the Northwest corner of said lot 26; thence Easterly along the North Line of Lots 20 thru 26 said addition, to the Northeast corner of said Lot 20; thence South along the East line of said Lot 20, to the Southeast corner of said lot 20, said point also being on the North right-of-way line of said Honeysuckle Drive; thence East along said North right-of-way line, to the Southwest corner of Lot 19 said addition; thence North along the West line of said Lot 19, to the Northwest corner of said lot 19; thence Easterly along the North Line of Lots 17 thru 19 said addition, to the Northwest corner of said Lot 1, Silverleaf Estates Replat 4, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Easterly along the North Line of Lots 1 and 2 said addition, to the Northwest corner of Lot 14, said Silverleaf Estates addition; thence Easterly along the North Line of Lots 8 thru 14 said addition, to the Northeast corner of said Lot 8; thence South along the East line of said Lot 8, to the Southeast corner of said lot 8, said point also being on the North right-of-way line of said Honeysuckle Drive; thence East along said North right-of-way line, to the South most corner of Lot 194, The Residences at West Dodge Station, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Northwest along the Southwest line of said Lot 194, to the West most corner of said lot 194; thence Northeasterly along the Northwest Line of Lots 190 thru 194 said addition, to the Northeast corner of said Lot 190; thence N13°16'46"W along the Westerly line of Outlot "A" said addition, a distance of 148.80 feet; thence N79°43'05"E along the Northerly line of said Outlot "A", a distance of 134.21 feet; thence N87°51'54"E along said Outlot "A", a distance of 625.95 feet; thence N01°30'13"E along said Outlot "A", a distance of 92.38 feet, to a point on the South right-of-way line of said Old Lincoln Highway; thence continuing along the Northerly extension of said line, to its intersection with the North right-of-way line of said Old Lincoln Highway; thence Westerly along said North right-of-way line, to its intersection with the East right-of-way line of said 192nd Street; thence South to the intersection of the East right-of-way line of 192nd Street and the South right-of-way line of Old Lincoln Highway, said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41544

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing city limit line to the City of Omaha as established by Ordinance no. 37808, passed July 31, 2007, said point being the Northwest corner of the Southeast Quarter (SE 1/4) of Section 9, Township 15 North, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence East along the North line of said Southeast Quarter (SE 1/4), and said line extended Easterly to its intersection with the East right-of-way line of 168th Street; thence South along said East right-of- way line to its intersection with the South right-of-way line of Dora Hamann Parkway; thence Westerly to the Northeast corner of Outlot "C", Manchester Park, a subdivision as surveyed, platted and recorded, in Douglas County, Nebraska; thence South along the East line of said Outlot "C", a distance of 99 .23 feet, to the Southeast corner of said Outlot "C"; thence along the South line of said Manchester Park Addition on the following described thirty-two courses; Thence N46°50'54"W, a distance of 88.46 feet; thence S47°02'53"W, a distance of 235.90 feet; thence Northwesterly on a curve to the left with a radius of 175.00 feet, a distance of 16.98 feet, said curve having a long chord which bears N45°43'56"W, a distance of 16.98 feet; thence Northwesterly on a curve to the right with a radius of 225.00 feet, a distance of 55.43 feet, said curve having a long chord which bears N41°27'16"W, a distance of 55.29 feet; thence S88°12'41"W, a distance of 201.92 feet; thence N80°27'15"W, a distance of 133.26 feet; thence N69°22'10"W, a distance of 148.31 feet; thence N68°12'38"W, a distance of 54.13 feet; thence N42°07'56"W, a distance of 140.35 feet; thence S57°54'58"W, a distance of 149.44 feet; thence S87°20'41"W, a distance of 525.41 feet; thence N14°08'06"E, a distance of 144.06 feet; thence Northwesterly on a curve to the right with a radius of 303.00 feet, a distance of 7.20 feet, said curve having a long chord which bears N75°10'55"W, a distance of 7.20 feet; thence Southwesterly on a curve to the left with a radius of 175.00 feet, a distance of 131.94 feet, said curve having a long chord which bears S83°53'58"W, a distance of 128.84 feet; thence S62°18'03"W, a distance of 78.48 feet; thence Southwesterly on a curve to the left with a radius of 275.00 feet, a distance of 170.27 feet, said curve having a long chord which bears S44°33'48"W, a distance of 167.56 feet; thence S26°49'34"W, a distance of 26.36 feet; thence Southwesterly on a curve to the left with a radius of 275.00 feet, a distance of 16.30 feet, said curve having a long chord which bears S25°07'40"W, a distance of 16.30 feet; thence N66°34'14"W, a distance of 170.00 feet; thence S23°25'46"W, a distance of 25.26 feet; thence S87°22'19"W, a distance of 118.52 feet; thence S15°20'16"W, a distance of 4.54 feet; thence N81°02'25"W, a distance of 121.17 feet; thence S08°57'35"W, a distance of 38.92 feet; thence N81°02'26"W, a distance of 50.00 feet; thence N08°57'35"E, a distance of 105.09 feet; thence Northerly on a curve to the left with a radius of 175.00 feet, a distance of 35.48 feet, said curve having a long chord which bears N03°09'08"E, a distance of 35.42 feet; thence N02°39' l 9"W, a distance of 162.19 feet; thence Northerly on a curve to the right with a radius of 125.00 feet, a distance of 33.36 feet, said curve having a long chord which bears N04°59'25"E, a distance of 33.26 feet; thence N77°21'50"W, a distance of 151.65 feet; thence S69°40'20"W, a distance of 81.96 feet; thence S87°03'23"W, a distance of  91.35 feet to a point on the West line of said Southeast Quarter (SE 1/4) of Section 9, thus ending described courses; thence North along said West line of the Southeast Quarter (SE 1/4), to the Northwest corner of said Southeast Quarter (SE 1/4), said point being the point of beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 7.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote  August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

 

ORDINANCE NO. 41545

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City Limit Line of the City of Omaha as established by Ordinance Number 36947, passed March 8, 2005, said point being the Southeast corner of Lot 6, Pacific Pointe, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Westerly along the South line of said Pacific Point Addition, to the Southeast corner of Lot 22, Pacific Pines, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence Westerly along the South line of said Pacific Pines Addition to the Southeast corner of Lot 105, Centennial, a Subdivision as surveyed, platted and recorded in Douglas County, Nebraska; thence S89°27'34"W along the South line of said addition, a distance of 770.16 feet, to the West line of the Northeast Quarter (NE 1/4) of Section 30, Township 15, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence continuing Westerly along the Westerly extension of said South line of said Centennial Addition, to its intersection with the Westerly right-of-way line of S HWS Cleveland Boulevard; Thence Southerly along said West right-of-way line, to its intersection with the West line of said Northeast Quarter (NE 1/4) of Section 30; thence South along said West line, to the Southwest corner of said Northeast Quarter (NE 1/4) of Section 30; thence East along the South line of said Northeast Quarter (NE 1/4) of Section 30, to its intersection with the North right-of- way line of Shadow Ridge Drive; thence Easterly along said North right-of-way line, to its intersection with the West right-of-way line of 192nd Street; thence Northerly along said West right-of- way line to the Southeast corner of said Lot 6, Pacific Pointe Addition, said point being the point of Beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 

ORDINANCE NO. 41546

An ordinance extending the limits of the City of Omaha over certain land in Douglas County, Nebraska, and incorporating the same into and making the same a part of the City of Omaha and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the corporate limits of the City of Omaha be extended over and that there be included therein the following described lands in Douglas County, Nebraska, which presently adjoins the City Limits of the City of Omaha, as it now exists: Beginning at a point on the existing City Limit Line of the City of Omaha as established by Ordinance Number 36947, passed March 8, 2005, said point being the Northeast corner of the Southwest Quarter (SW 1/4) of Section 19, Township 15, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence West along the North line of said Southwest Quarter (SW 1/4), to its intersection with the East right-of-way line of 204th Street, as described in said Ordinance Number 36947; thence Southerly along said East right-of-way line to its intersection with the South right-of- way line of Pacific Street; thence Easterly along said South right-of-way line to its intersection with the East line of the Northwest Quarter (NW 1/4) of Section 30, Township 15, Range 11 East of the 6th P.M., Douglas County, Nebraska; thence North along said East line to the Northeast corner of said Northwest Quarter (NW 1/4) of Section 30; thence North along the East line of said Southwest Quarter (SW 1/4) of Section 19, to the Northeast corner of said Southwest Quarter (SW 1/4) of Section 19, said point being the point of Beginning. A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of this Ordinance. The land to be annexed is marked thereon, but said map is for convenience and, in case of discrepancy, the description in this Section shall be controlling. The said territory upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws and ordinances. Section 2. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage. Section 3. That pursuant to NEB REV STAT § 14-201.03 (Cum. Supp.2006) and NEB REV STAT § 32-553 et seq. (Reissue 2004) the lands annexed by the City of Omaha as described in Section 1 above shall be assigned to Omaha City Council District No. 6.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 5-1

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

ORDINANCE NO. 41548

AN ORDINANCE to insert Article XIV into Chapter 10 of the Omaha Municipal Code concerning Lift Assist Cost Recovery to allow the City to charge a fee to assisted living facilities and nursing care facilities when the Omaha Fire Department provides a lift assist to any person; to establish an initial fee of $400.00 per lift assist; and to create an appellate process as well; and providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Section 10-330 of the Omaha Municipal Code is hereby created as follows: "ARTICLE XIV. - LIFT ASSIST COST RECOVERY Sec. 10-330. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given: (a) Assisted-living facility. Assisted-living facility shall mean a facility where shelter, food, and care are provided for remuneration for a period of more than twenty-four consecutive hours to four or more persons residing at such facility who require or request such services due to age, illness, or physical disability. (b) Lift Assist. Lift Assist shall mean a response by the Omaha Fire Department to assist in physically moving a person who does not require emergency medical transportation in an assisted living facility and or nursing care facility. (c) Nursing care facility. Nursing Care facility shall mean a facility where medical care, nursing care, rehabilitation, or related services and associated treatment are provided for a period of more than twenty four consecutive hours to persons residing at such facility who are ill, injured, or disabled." Section 2. That Section 10-331 of the Omaha Municipal Code is hereby created as follows: "Sec. 10-331. Lift Assist Cost recovery; fee schedule; records, billing and collection. The city may recover, from any person, the city's expenses for any hazardous materials emergency response, when such person fits any one or more of the following criteria: (a) The City shall charge a fee to assisted living facilities and nursing care facilities for services provided by the City of Omaha Fire Department in connection with providing a lift assist to any person. (b) The fee for providing such lift assist shall be $400.00 per lift assist. (c) The fire department shall maintain records in connection with services provided pursuant to this Article, and shall forward the records to the city finance department, which shall be responsible for the billing and collection of accounts due and owing, including the right to contract for billing and collection, subject to the approval of the City Council. Section 3. That Section 10-332 of the Omaha Municipal Code is hereby created as follows: "Section 10-332. -Appeals. Any assisted living facility or nursing care facility subject to a fee under this article may, within ten days of the issuance of such a bill, appeal to the administrative appeals board by complying with all provisions of section 2-171 et seq. of this Code." Section 4. That this Ordinance shall be in full force and take effect fifteen days from and after the date of its passage.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

 Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

ORDINANCE NO. 41549

AN ORDINANCE to provide for approving an Interlocal Agreement between the City of Omaha and the Village of Boys Town, Nebraska, for more than one year with the City Prosecutor's Office to provide certain prosecutorial services for the Village of Boys Town; and to provide for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That in conformity with Interlocal Agreements Act, approval is hereby given to an Interlocal Agreement between the City of Omaha and the Village of Boys Town, Nebraska, for the City Prosecutor's Office to provide certain prosecutorial services for the Village of Boys Town, for a term of more than one year. Section 2. That this Ordinance, not being of legislative character, shall be in full force and effect upon its passage.

 

First Reading July 24, 2018; Second Reading August 7, 2018; Third Reading, Public Hearing and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

ORDINANCE NO. 41532

AN ORDINANCE to amend sections 15-2, 15-9, 15-15, 15-22, 15-33, 15-34, 15-40, 15-41, 15- 42, 15-44, 15-53, and 15-54 of the Omaha Municipal Code; to include regulations for bottle clubs consistent with state statutes; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Omaha Municipal Code section 15-2 is hereby amended as follows: Section 15-2. - Closing hours for licensed premises. Except as otherwise permitted by law, iIt shall be unlawful for any person on any property licensed to sell alcoholic liquor at retail purposely or knowingly to sell or distribute alcoholic liquor, or to permit any person to do so, during the following periods of time: (a) The sale or distribution for consumption off the premises on any day between the hours of 1 :00 a.m. and 6:00 a.m.; or  (b) The sale or distribution for consumption on the premises on any day between the hours of 2:00 a.m. and 6:00 a.m.; (c) The hours during which a holder of a special designated license may sell or distribute alcoholic liquor, other than stated herein, shall be established at the time the permit application is considered. Section 2. That Omaha Municipal Code section 15-9 is hereby amended as follows: Sec. 15-9. - Sale or possession by minor in public place. Except as otherwise permitted by law, it shall be unlawful for any minor to sell or dispense or have in his possession or physical control any alcoholic liquors or alcoholic beverages, including beer, by the drink, or in the original package, in any tavern, bottle club or in any public place, including public streets, alleys, roads or highways in the city, or upon any public property owned by the city, or inside any vehicle while in or on any public place, including but not limited to the public streets, alleys, roads or highways in the city, or upon any public property owned by the city. Section 3. That Omaha Municipal Code section 15-15 is hereby amended as follows: Sec. 15-15. - Prohibition of stripper pole and wet-clothing entertainment. It shall be unlawful for any person holding a license for the sale of alcoholic liquors for consumption on the premises or bottle club to permit or knowingly allow any person less than 21 years of age who is not a bona-fide employee of the business to: (a) Engage in any live public performance, dance, or exhibition on the premises utilizing a pole, banister, or other vertical rod commonly known as a "stripper pole" as part of the performance, dance, or exhibition when the object is used to simulate any act of masturbation or sexual intercourse; or (b) Engage in any live public performance, dance, or exhibition on the premises in which the person's clothing is wetted with water or any other liquid with the purpose or reasonable expectation that the clothing covering the person's breasts or genitals will become transparent or less than fully opaque. Section 4. That Omaha Municipal Code section 15-?2 is hereby amended as follows: Section 15.22. - Evidence for the city council. All applicants for any license to sell alcoholic liquors (except special designated licenses) or for a removal to a different location from that for which any such license was originally granted, or bottle club shall, prior to the hearing upon the application, submit to the city council: (a) A true copy of the deed, lease or other proper instrument, showing that the applicant is either the owner of the premises for which the license is sought or to which a removal is desired, or is the lessee thereof, in order to enable the council to determine the applicant's ability to secure such license under the requirements of the Nebraska Liquor Control Act. (b) A written statement describing all types of business or activity that will be operated on the premises in conjunction with the proposed license. A failure to list a business or activity will be considered as the applicant's representation that the business or activity will not occur on the licensed premises without City Council approval. Section 5. That Omaha Municipal Code section 15-33 is hereby amended as follows: Section 15-33. - Hearing on revocation or application for renewal. (a) Hearings upon cancellation or revocation of a license or upon applications for renewal of outstanding retail liquor licenses, or bottle club licenses shall, as much as reasonably possible, comply with the requirements of due process. Written notice of the date, time and location of the hearing shall be given the applicant by the city clerk a reasonable time prior to the hearing. Two or more applications which are factually related may be heard and considered together. Hearings shall be informal and, unless otherwise provided by this section, shall be conducted in accordance with the rules of order adopted by the city council, as amended from time to time, and the provisions of section 15c32(b). (b) The order of proceedings for hearings within the scope of this section shall be as follows: (1) Presentation of evidence by the applicant; (2) Testimony of other persons in favor of the license; (3) Presentation of evidence by persons opposing the license; (4) Presentation of evidence by the city and law enforcement agencies; (5) Cross-examination of persons testifying in opposition to the license by the applicant. (6) Presentation of rebuttal evidence by the applicant. Any member of the council and the city attorney, or his designee, may question any person testifying. The president of the city council may limit testimony or cross- examination where it appears incompetent, irrelevant, unduly repetitious or intended to harass the witness. (c) When a request for a formal renewal application has been made by the council, the request may be withdrawn at any time by resolution of the council. Section 6. That Omaha Municipal Code section 15-34 is hereby amended as follows: Section 15-34. - Appearance/at hearing. It shall be the duty of every applicant for a new or renewal retail alcoholic liquor license or bottle club license, for a removal to a different location, or for permission to add to or delete from the licensed premises, to appear before the council on the date of the hearing upon the propriety of recommending such license to answer such questions as may be asked such applicant in determining the facts required by law and this chapter concerning the propriety of granting such license. An attorney may appear and testify on behalf of any applicant personally present at the hearing. At least one partner in a partnership applying for a license or at least one managing officer of a corporation applying for a license shall be present at the hearing. A failure to so appear without reasonable excuse may be grounds for denying such application. Failure to so appear shall not render the applicant amenable to the penalty provisions of this chapter. The applicant may present evidence, which shall be considered by the council in determining the propriety of granting the license. Section 7. That Omaha Municipal Code section 15-40 is hereby amended as follows: Section 15-40. - Open packages on licensed premises. Except as otherwise permitted by law, iIt shall be unlawful for any person, except a licensee, manager or agent in charge of licensed premises, to carry into or have in his possession, on any license premises, any alcoholic liquors or alcoholic beverages in the original package, the seal of which has been broken or the original package opened, except beer; provided, however, this provision shall not apply to guests in hotel rooms or dining rooms and in premises where the primary business is serving of food, and where the sale, dispensing and serving of alcoholic liquors and alcoholic beverages is incidental thereto. Section 8. That Omaha Municipal Code section 15-41 is hereby amended as follows: Section 15-41. - Presence of minors on licensed premises. No person who holds a license to sell alcoholic liquors by the drink, or bottle club may allow any minors to be on the licensed premises except as provided herein. This section shall control the presence of minors on licensed premises at all times, including when alcoholic liquors are not being sold or consumed. Nothing herein shall permit minors to do any of the prohibited acts specified in section 53-180.02, Reissue of Revised Statutes of Nebraska, 1943, or section 15-9 of this Code, as amended. (a) Minors may be on licensed premises when they are accompanied by a parent or legal guardian. (b) Minors may be on licensed premises during times when: (1) No alcoholic beverages are being sold, served, or consumed on any portion of the licensed premises; (2) All alcoholic beverages are stored in a manner out of sight and the physical reach of any customer; (3) All beer taps or other dispensers are disconnected, disabled, or made inoperable; (4) A notice is prominently displayed at all public entrances to the premises announcing that no alcohol is served or, consumed on the premises; and, (5) The licensee has given the police department a 72-hour written notice, including dates and times, that minors will be allowed on the premises. (c) Minors may be on areas of licensed premises where the sale or consumption of alcoholic liquor is occurring or permitted if the sale or consumption is incidental to the business or activity conducted on the premises. Such areas of licensed businesses may include, but not be limited to, the bowling lanes and associated areas of bowling alleys; areas in hotels or motels that are not designated or used as bar or lounge areas, such as lobbies, resident rooms, meeting rooms, recreation areas, and hallways; grocery stores; drug stores; amusement parks; golf courses (including clubhouses and concession areas); areas of sports stadiums and arenas that are not designated or used as bar or lounge areas; theaters; and restaurants. Sale or consumption of alcohol is incidental to a business or activity only when it is subordinate to, and plays only a supporting role to, the principal business or activity. Whether sale or consumption is incidental shall be determined by considering all the facts and circumstances including comparative space used by the activities, revenue generated by the activities, the promotion given or not given to the activities, and employee time commitments to the activities. (d) Minors may be employed on licensed premises as permitted by the Nebraska Liquor Control Act. (e) Minors may be on licensed premises as expressly permitted by section 5-64 of this Code, as amended. (f) Minors may be in areas of licensed premises where a live instrumental and/or vocal musical performance open to the public is occurring and all of the following conditions are met. Singing along with recorded music using a microphone and public address system in which the voice of the original singer is removed or reduced and substituted by the live singer's voice, with or without lyrics being displayed to the live singer, commonly known as "karaoke", is not a live musical performance within the scope of this subsection. This subsection does not apply to any licensed premises on which is offered as a form of entertainment a striptease or other dance in which the performer, commonly known as a "stripper'', gradually undresses in a sexually suggestive manner to music, regardless of whether or not every item of clothing is removed, or the performer dances in a sexually suggestive manner with a vertical pole, commonly known as "pole dancing”. (1) The minor is 18 years of age or older or, if under age 18, the licensee has a notarized parental consent form signed by a parent or legal guardian of the minor consenting to the minor being on the premises as allowed by this subsection. The city clerk shall make the authorized parental consent form available to licensees and the public. The licensee shall keep signed forms submitted by minors available for inspection and use for at least 18 months; (2) The minor is present during the performance or within one hour before or after the performance; (3) The performance (i) occurs on a stage or other raised, designated performance space constructed with the purpose that it remain permanently installed on the premises, (ii) utilizes an amplified sound .system constructed with the purpose that it remain permanently installed on the premises, and (iii) utilizes stage lighting constructed with the purpose that it remain permanently installed on the premises; (4) The licensee actively conducts age checking at all entrances to the area; (5) Adults are identified by wrist bands that are destroyed by removal and minors are identified in a different, clearly visible manner at all times while on the premises; (6) Alcoholic drinks are served in distinctively different containers than those in which non-alcoholic drinks are served; (7) Alcoholic drinks are not sold or served in pitchers and no person is served or allowed to purchase more than two alcoholic drinks at the same time. (8) Security personnel, whether paid or volunteer, are present in the area with no duties other than maintaining order and enforcing liquor laws and license conditions including prohibiting minors from possessing or consuming alcohol. There must be a minimum of one security person for up to 100 attendees and one more security person for each 100 additional attendees. Security personnel performing age checking at an entrance may not be counted toward this minimum number. All security personnel must be dressed in distinctive clothing with visual markings identifying them as security personnel. (9) A ban-and-bar policy is posted and enforced that bans from the premises for a period of no less than one year any person allowing or assisting a minor to possess alcohol on the premises and which provides that anyone violating the ban will be prosecuted for trespassing; and, (10) A music venue permit for the premises has been issued by the city clerk and thereafter renewed at the time the license is renewed. The application and renewal shall include the licensee's certification of compliance with this subsection and the permit shall be conditioned upon full compliance with this subsection. (i) The permit shall be cancelled upon the licensee's conviction of a violation of this section. (ii) The permit may be cancelled by the city council for cause. When a permit is cancelled the council may determine when the licensee is eligible to receive a new music venue permit and the conditions under which a new permit can be granted. (iii) A $375.00 music venue permit fee shall be paid at the time a permit is issued or renewed. Section 9. That Omaha Municipal Code section 15-42 is hereby amended as follows: Section 15.42. - Grounds for cancellation, revocation, suspension, or non- renewal. A retain license to sell alcoholic liquors or bottle club license, which the council is legally empowered to cancel, revoke, suspend, or recommend for non-renewal may be cancelled, revoked, suspended, or recommended for non-renewal by the city council whenever it shall find, after notice and hearing as provided by law, that the holder of any such license has violated any of the provisions of the Nebraska Liquor Control Act, or of this chapter, or rule or regulation of the state liquor control commission, or any statutory provision or ordinance of the city now existing or hereafter passed, enacted in the interest of good morals and decency, or for any one or more of the following causes: (a) The licensee, manager or agent in charge of the premises licensed has been convicted of or has pled guilty to a felony under the laws of the state or of any other state of the United States. (b) The licensee, manager or agent in charge of the premises licensed has been convicted of or has pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of pandering or other crime or misdemeanor opposed to decency and morality. (c) The licensee, manager or agent in charge of the premises licensed has been convicted of or pled guilty to violation of any federal or state law concerning the manufacture, possession, distribution or sale of alcoholic liquors. (d) The licensee either swore falsely to any question in his application for said license, or has failed to comply with the statements and representations made by the answer to any question or questions in said application or required by this Code; or has failed to perform in accordance with any other statement or representation or keep any promise, oral or written, made to the council, in connection with such licensee's request for said license. (e) The licensee, manager or agent in charge of the premises licensed shall have forfeited bond to appear in court to answer charges for any one of the violations of law or ordinances referred to in this section. (f) The licensee, manager or agent shall allow any live person to appear, or have reasonable cause to believe that any live person shall appear, in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area or buttocks or the human female breast including the nipple or any portion below the nipple with less than a full opaque covering. Section 10. That Omaha Municipal Code section 15-44 is hereby amended as follows: Section 15-44. - Appointment of manager. No corporation or any person whose place of business is conducted by a manager or agent may engage in the retail sale of alcoholic liquor, or management of a bottle club within the city unless such corporation or person shall first appoint a manager for the licensed business. The manager must be satisfactory to and approved by the city council, shall maintain a principal place of residence within the State of Nebraska, and shall in all other respects possess the same qualifications required of a licensee. Such a manager shall be maintained during the existence of the license. Any change of the person acting as the manager shall be made known to the city council, and an application for approval of a new manager shall be filed within 60 days. The manager of any licensed premises shall be the person who in fact operates, conducts, directs or is in active charge of the business relative to alcoholic liquors. Evidence of managing the business may include scheduling, hiring or firing of personnel, booking entertainment, and paying expenses of the business. Section 11. That Omaha Municipal Code section 15-53 is hereby amended as follows: Section 15-53. - Presence of alcoholic liquor in establishments licensed for sale of beer. Except as otherwise permitted by law, iIt shall be unlawful for any person having a license to sell beer only for consumption on the premises. or any agent or servant of any such person, to have, keep, store or possess in any manner whatsoever in any room or building, or in any place whatsoever upon premises covered by such license, any alcoholic liquor other than beer has been obtained for such premises. Section 12. That Omaha Municipal Code section 15-54 is hereby amended as follows: Section 15-54. - Presence of alcoholic liquor or beer on premises licensed for sale of soft drinks. Except as otherwise permitted by law, iIn order to regulate the business within the corporate limits of the city of permittees for the sale of soft drinks, it shall be unlawful for any person having a permit to sell soft drinks, or any agent or servant of any such person, to have, keep, store or possess in any manner whatsoever, in any room or building or any place whatsoever upon the premises for which such soft drink permit exists, any alcoholic liquor, including beer; provided that nothing herein shall apply to the possession of any alcoholic liquor, including beer, the sale of which is licensed on said premises. Section 13. That Omaha Municipal Code sections 15-2, 15-9, 15-15, 15-22, 15-33, 15- 34, 15-36, 15-37, 15-39, 15-40, 15-41, 15-42, 15-44, 15-53 and 15-54 as heretofore existing are hereby repealed. Section 4. This Ordinance shall be in full force and take effect fifteen days from and after the date of its passage.

 

First Reading July 24, 2018; Second Reading and Public Hearing August 7, 2018; Third Reading and Vote August 14, 2018

 

PASSED: August 14, 2018: 6-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

8-22-18

______

 

 
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