City of Omaha Public Notices
City of Omaha Public Notices 
CITY PUBLIC NOTICES 5/30/18  05/31/18 8:17:56 AM

 
Notice is hereby given that the City Council of the City of Omaha met on May 22, 2018 and passed and approved the ordinances entitled:
 
ORDINANCE NO. 41486
AN ORDINANCE to authorize the Purchasing Agent to issue a purchase order to Midwest Laboratories, Inc. for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Water Resource Recovery Facility and the Papillion Creek Water Resource Recovery Facility for a contract period of April 1, 2018 to March 31, 2020, with one optional two-year extension; to provide for payments from appropriations of more than one year in accordance with section 5.17 of the Home Rule Charter of 1956, as amended; to provide for payments totaling an estimated $64,725.00 per year, according to actual testing required, from specific accounts; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council of the City of Omaha hereby approves the purchase order for professional laboratory testing services for the testing of water and wastewater samples in conjunction with the treatment processes at the Missouri River Water Resource Recovery Facility and the Papillion Creek Water Resource Recovery Facility, according to the quoted prices and bid specifications, which by this reference is made a part hereof. Section 2. That the payments to Midwest Laboratories, Inc. for these testing services involving appropriations of more than one year, are authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended, for a contract period of April 1, 2018 through March 31, 2020, with one optional two-year extension; renewal being at the discretion of the City of Omaha. Section 3. That the payments totaling approximately $64,725.00 per year shall be made according to the following estimates: 64.6% from the Stormwater Fee Revenue Fund 12128, Stormwater Management Organization 116312, 3.9% from the Sewer Revenue Fund 21121, Monitoring Organization 116712, 4.5% from the Sewer Revenue Fund 21121, Overflow & Stormwater Organization 116714, and 27.0% from the Sewer Revenue Fund 21121, Lab Services Organization 116718; with payments to be made according to actual testing utilized. 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 May 8, 2018; Second Reading and Public Hearing May 15, 2018; Third Reading and Vote May 22, 2018
 
PASSED: May 22, 2018: 7-0
City of Omaha
Jean Stothert,
Mayor
Elizabeth Butler,
City Clerk
 
5-30-18
______
 
 
ORDINANCE NO. 41487
AN ORDINANCE approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Real Estate Purchase Agreement with Seventy-Five North Revitalization Corporation, a Nebraska Non-profit Corporation, 4383 Nicholas Street, Suite 306, Omaha, NE 68131, to convey the property described in the attached agreement, located between Corby Street and Parker Street, in consideration of the sum of One and 00/100 Dollars ($1.00); there are no expenses associated with the transfer of the property to Seventy-Five North Revitalization Corporation; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Notwithstanding any portion of the Omaha Municipal Code to the contrary, the attached Real Estate Purchase Agreement with Seventy-Five North Revitalization Corporation is hereby approved and the Mayor is hereby authorized to execute, and the City Clerk to attest, any documents necessary or appropriate to convey the property described in the attached agreement, in consideration of the sum of One and 00/100 Dollars ($1.00). There are no expenses associated with the transfer of the property to Seventy-Five North Revitalization Corporation. Section 2. Upon completion of the conditions in the attached Agreement, the Mayor of the City of Omaha is hereby authorized and empowered to execute a Warranty Deed to said property, and the City Clerk to attest the same, to Real Estate Purchase Agreement with Seventy-Five North Revitalization Corporation, a Nebraska Non-profit Corporation. Section 3. That this Ordinance, not being legislative in character, shall take effect upon the date of its passage in accord with Section 2.12 of the Omaha Municipal Code.
 
First Reading May 8, 2018; Second Reading and Public Hearing May 15, 2018; Third Reading and Vote May 22, 2018
 
PASSED: May 22, 2018: 7-0
City of Omaha
Jean Stothert,
Mayor
Elizabeth Butler,
City Clerk
 
5-30-18
______
 
 
 
ORDINANCE NO. 41472
AN ORDINANCE to amend Sections 30-21, 30-22, 30-23, 30-25, 30-26; 30-31; 30-32; 30-34; to add new Section 30-36; of the Omaha Municipal Code; to amend the system whereby the Police Department can track stolen goods and to regulate second-hand dealers in order to reduce theft of certain items; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Sec. 30-21 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-21. – Definition­s. For the purpose of this article any person who shall engage in the business or buying, selling or dealing in secondhand clothing, jewelry, goods, furniture, wares or merchandise is hereby declared and defined to be a dealer in secondhand goods. (a) "Secondhand goods dealer" shall mean any person who regularly operates, keeps or manages any secondhand goods store and either: (1) Purchases regulated property within the City of Omaha; or (2) Offers for sale regulated property within the City of Omaha. (b) "Secondhand goods store" shall mean any store, room, building, or enclosure where secondhand articles or regulated property are regularly bought or sold for profit or pleasure. For purposes of this article, electronic repair shops are included in this definition. (c) "Regulated property" shall mean any of the following property that is used second hand: (1) Any precious metal or gem that is valued for its character, rarity, beauty, or quality, including, but not limited to, gold, silver, platinum, diamonds, rubies, emeralds, sapphires, pearls and any other such metals or gems, stones, or imitation thereof whether as a separate item or in combination as a piece of jewelry; (2) Jewelry; (3) Watches; (4) Items made of or containing sterling silver; (5) Firearms; (6) Golf clubs; (7) Bicycles; (8) Electronics; (9) Video game systems, video game equipment and video games; (10) Musical instruments; and (11) Coins. (d) "Regulated property" shall not include items purchased or handled by the following establishments: (1) Charitable organizations that accept donations from individuals that are later sold to benefit the charitable organization; (2) Antique dealers or auction houses, including on-line vendors; (3) Places or residence; (4) Used furniture stores; (5) Used clothing stores; (6) Used book stores; (7) Flea markets; (8) Traveling venues; and (9) Vehicle Service Centers. (e) "Regulated property" shall not include items traded in for equal or greater value or for store credit. Section 2. That Sec. 30-22 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-22. – Reserved. Permit required. Every person desiring to engage in the business of a dealer in secondhand goods shall obtain a permit before engaging in such business. Section 3. That Sec. 30-23 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-23 - Permit required. Electronic reporting requirement. Every person desiring to engage in the business of a dealer in secondhand goods shall obtain a permit before engaging in such business. Any person desiring a permit to operate as a secondhand dealer shall make application to the permits and inspections division. Such application shall contain: (a) The full name and address of the applicant; (b) The street address and legal description of the property; and (c) The business e-mail address of the applicant. Section 4. That Sec. 30-25 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-25. – Issuance of permit. The permits and inspections division may issue an initial shall authorize the issuance of a permit to engage in the business of dealing in secondhand goods after the applicant has provided all application materials and upon payment of the required permit fee by the applicant therefor. Section 5. That Sec. 30-26 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-26. – Business location to be stated in permit. Reserved. Every permit to engage in the business of dealing in secondhand goods shall state the place where such business is to be carried on. Section 6. That Section 30-31 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-31. Record of purchases – Required. (a) Allny persons who shall engage in business as dealers in secondhand goods shall keep a book, ledger, computer, or other record of all purchases by that secondhand dealer of any regulated property. Such record in which shall be legibly written or typed in ink, at the time any purchase is made, in the English language, and shall include: (a 1) An accurate, detailed account or description of the regulated property goods, articles or things purchased including serial number, if available; (b 2) The amount of money paid thereon or therefor; (c 3) The date and time of the same was received purchased; and (d 4) The name, address, date of birth, and driver's license number or other identification of public record residence and description of the person selling the regulated property same. (5) The name of the employee conducting the transaction. (b) The records required in this section, having all of the required information, shall be created and delivered to the chief of police every day before the hour of 12:00 noon in a form required by this article, including a list of all regulated property received, deposited or purchased during the previous day, together with the time received or purchased,  and a description of the person or person by whom left, or from who the same were purchased; provided the report herein required shall not apply to Sundays, but the report of Monday of each week shall cover the business transactions of the Saturday previous, and also shall take place on said last-mentioned day; provided that no person shall be required to furnish such description of any property purchased from manufacturers or wholesale dealers having an established place of business or of goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the chief of police, or some person under his direction, when demanded. (c) In the event the city enters into a contract for an electronic reporting system of transactions for secondhand dealers, the records required by this section having all of the information required by this article shall be created and delivered to the chief of police before the close of business that day. In the event the electronic reporting system is unavailable to record a transaction for any reason, the secondhand dealer is required to make a complete written report of the transaction which written report shall be entered into the electronic system as soon as practicable. Section 7. That Sec. 30-32 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-32. Same-Copies to police. Required use of electronic reporting system. (a) Except as hereinafter provided, it shall be the duty of each dealer in secondhand goods to make an accurate and complete copy of the record of purchases required by this article of all goods, articles and things purchased by him, and to deliver such copy to the chief of police before 12:00 noon of the following business day. (b) The daily report required by this section shall not be required for: (1) The delivery of sale of goods accompanied with a bill of sale or other evidence of open and legitimate purchase, which evidence of purchase shall be shown to the chief of police, his authorized agent, the chief of police or any member or the police department upon demand. (2) The business handled by loan brokers which is recorded as mortgages in the county clerk’s office. In the event the city enters into a contract for an electronic reporting system of transactions for secondhand dealers, it shall be the exclusive means by which such transactions are reported to the chief of police. Every secondhand dealer shall operate and maintain a computer system with internet access and photographic capability sufficient for the electronic reporting requirements described in Sec. 30-31 and Sec. 30-36. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording and reporting requirements of this article. The licensee shall immediately notify the police department of any such failure or malfunction and shall have such resolved as soon as practicable. Section 7. That Sec. 30-34 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 30-34. – Retention of goods. No personal property received on deposit or purchase by any dealer in secondhand goods shall be sold or permitted to be redeemed from the place of business of such person for the space of five fourteen days after the copy of the record of purchase thereof shall have been delivered to the chief of police as required by this article. Section 9. That a new Sec. 30-36 of the Omaha Municipal Code is hereby added to read as follows: Sec. 30-36. Collection of certain information. In addition to the requirements of sec. 30-23, at the time of purchase, the secondhand dealer shall use the required electronic reporting system to collect the following: (a) A digital photograph of the purchased item; (b) A digital photograph of the seller; (c) A digital signature of the seller; (d) A digital scan of the seller's right index finger; if the index finger is missing, the fingerprint shall be taken from the left index finger. The print shall be clear and legible; (e) A photographic or scanned image of the I.D. card of the seller, sufficiently clear to allow the information of the I.D. to be read. Section 10. That a new Sec. 30-37 of the Omaha Municipal Code is hereby added to read as follows: Sec. 30-37. Penalty. Any person who fails to keep the record or fails to make required entries thereon, or intentionally or knowingly makes any false or unintelligible entry, or any entry which he/she has reason to believe is untrue, or fails to make the inquiries necessary to enable him/her to make such entries or any of them, or who fails to procure the license or who fails to procure his/her license or records when requested by an officer having authority to examine them, or who destroys or negligently permits such records to be destroyed or lost shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Omaha Municipal Code sections 1-10. Section 11. That Sec. 30-118 of the Omaha Municipal Code is hereby amended to read as follows: That this Ordinance shall be in full force and take effect January 1, 2019.
 
First Reading April 24, 2018; Second Reading and Public Hearing May 1, 2018; Third Reading and Vote May 22, 2018
 
PASSED: May 22, 2018: 4-3
City of Omaha
Jean Stothert,
Mayor
Elizabeth Butler,
City Clerk
 
5-30-18
______
 
 
 
ORDINANCE NO. 41481
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 the property located at 4911 Underwood Avenue from RB-High-Density Multiple-Family Residential District to NBD-Neighborhood Business District (property is located in an NCE 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, Block 111, along with the north 1/2 of the adjacent vacated alley, Dundee Place, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from R8-High-Density Multiple-Family Residential District to NBD-Neighborhood Business District (property is located in an NCE Overlay District). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
 
First Reading May 1, 2018; Second Reading May 8, 2018; Third Reading, Public Hearing and Vote May 15, 2018
 
PASSED: May 22, 2018: 7-0
City of Omaha
Jean Stothert,
Mayor
Elizabeth Butler,
City Clerk
 
5-30-18
______
 
 
 
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