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ORD 38203 - Amend article II chapter 16 of municipal code re registration of motor vehicles =!' ' ,g,•lear • r- (44 40 r 1 N7 IF, trn ' Law Department eray,15I Omaha/Douglas Civic Center n f-171"'I*ANYC -1 FP.; 12) 21 1819 Farnam Street,Suite 804 90:r ...11,..tzzi,94.47.-. 08 Omaha,Nebraska 68183-0804 0 (402)444-5115 1.4t- 4?to F Eloo CLE Telefax(402)444-5125 City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President , 1'41 t kiM A and Members of the City COuncil, The Qrdinance attached hereto is ajrequest of Councilmember Franklin Thompson and it redefines trucks for the purpose of providing consistency with the practice of state law in registering trucks purely on gross vehicle weight rather than live load capacity. It is the understanding that,in consultation with members of the City of Omaha Law Department,the County Treasurer's Office has beeri registering farm vehicles based on theirilicensed gross weight since live load capacity is not readily available information. This Ordinance will make gross vehicle weight the specific criteria for bothlfarm and nonfarm trucks. This is accordingly a revenue neutral ordinance. Passage pf this ordinance will provide for consistency and will clarify the duties of the registration authorities. Respectfully submitted, / OP rt J. Hamer ate eputy City Attorney P\LAW-CITY COUNCIL DOCUMENTS\2008\20 35vIj ' • • ORDINANCE NO. c33v203 1 AN ORDINANCE to amend Article II. of Chapter 16 of the Omaha Municipal Code dealing 2 with the registration of motor vehicles by amending Section 16-25 of the Omaha 3 Municipal Code to strike all references to the registration of trucks calculated by live load 4 capacity; to repeal Section 16-25 of the Omaha Municipal Code as heretofore existing 5 and to provide for the effective date hereof. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 7 Section 1. That Section 16-25 of the Omaha Municipal Code be amended to read as 8 follows: 9 Sec. 16-25. Fee schedule. 10 11 The following fee shall be charged upon the registration of each vehicle in 12 accordance with the provisions of this article. 13 14 Effective October 1, 2003. 15 16 (a) Trucks. For each motor-driven truck having a gross vehicle weight as 17 follows: 18 19 (1) Four tons or less . . . $54.00 20 (2) Four tons to less than six tons . . . 72.00 21 (3) Six tons to less than eight tons . . . 124.00 22 (4) Eight tons or more . . . 160.00 23 24 (b) Other trucks. For each motor farm truck having a live load capacity as 25 follows: 26 27 (1) One and one half tons or less . . . 54.00 28 (2) One and one half tons to less than two and one half tons . . . 72.00 29 (3) Two and one half tons to less than four tons . . . 121.00 30 (1) Four tons or more . . . 160.00 31 vIj ' • , ORDINANCE NO. 07,203 Page 2 1 (e)(b) Other vehicles. For each vehicle not coming under (a) or (b): 2 3 (1) Passenger vehicles . . . 35.00 4 (2) Vehicles used for carrying passengers for hire, including 5 limousines, with a rated capacity of: 6 a. Five passengers or less . . . 90.00 7 b. More than five passengers . . . 133.00 8 (3) Vehicles used for other purposes, including self propelled 9 recreational vehicles sometimes also called campers . . . 54.00 10 (4) Motorcycles . . . 18.00 11 12 (d)(c Noncommercial trailers drawn by vehicles with a carrying capacity of: 13 14 (1) One thousand pounds or less . . . 6.00 15 (2) One thousand pounds to less than 2,000 pounds . . . 12.00 16 (3) Two thousand pounds to less than 3,000 pounds . . . 14.00 17 (4) Three thousand pounds to less than 4,000 pounds . . . 18.00 18 (5) Four thousand pounds to less than 5,000 pounds . . . 21.00 19 (6) Five thousand pounds or more . . . 27.00 20 21 Effective March 1, 1995, a A fee of $5.00 shall be charged to persons 22 required by section 16-22 to obtain an exempt sticker. 23 24 Section 2. That Section 16-25 of the Omaha Municipal Code as heretofore existing is 25 hereby repealed. 26 Section 3. That this Ordinance shall be in full force and take effect fifteen days from and 27 after the date of its passage. INTRODUCED BY COUNCILMEMBER /0460.0/c7Li14 APPROVED BY: )1A)44.4 /0/46? PASSED JUL 2 9 2008 o_ MAYOR OF THE Y OF OMAHA Date ORDINANCE NO. 0 8 C Page 3 ATTEST: TY CLERK OF T CITY OF OMAHA ate APPROVED AS TO FORM: -;-- t%'? CITY ATTORN Date P\LAW-CITY COUNCIL DOCUMENTS\2008\20036v1j REQUEST TO LAW DEPARTMENT C.Pi-1ii =`1 For Law Department Use Only • TO: Paul D. Kratz, City Attorne'7f? JL(4/ 17 1 1.1 ICr Log Book #: 101-08 = CITY COUNCIL DATE: June 11, 2008 Date Assigned: 06/17/08 Assigned to: 1-1a•14.e,r Answered/Sent Out: Withdrawn: REQUEST BEING.MADE BY: On behalf of Councilmember Franklin Thompson Jack Cheloha, City Lobbyist 5521 (Name) (Department) (Phone) TIME LINE (Due Date): July 3, 2008 (12 Working Days from Date Received by Law Department) REQUEST FOR: Draft Ordinance to Redefine "Trucks" under the Wheel Tax (State Specifically What You Are Requesting) DETAILS: Councilmember Franklin Thompson requests a draft ordinance to redefine "trucks" for purposes of the wheel tax. Deputy City Attorney Bob Hamer is familiar with this request. In Section 16-25 of City law (attached), our wheel tax fee on trucks is categorized in two ways. We use "motor driven truck having a gross vehicle weight" and "farm truck having a live load capacity". This distinction has been causing confusion and frustration for the staff of the Douglas County Treasurer's Office and truck owners. Please draft a new ordinance which follows State of Nebraska law on truck definitions for licensing purposes without separating farm vehicles from commercial vehicles. We request the ordinance be revenue neutral. If you have any questions, please contact Jack Cheloha at 5521. INFORMATION ATTACHED: YES X NO NONE AVAILABLE • wl c: Councilmember Franklin Thompson, City Finance Director Carol Ebdon, Council Staff 1,4) • __ I ARTICLE II. REGISTRATION* Page 1 of 6 ARTICLE II. REGISTRATION* *Cross references: Liability of nonresident city employees for motor vehicle registration fee, § 23-98; parking of unregistered vehicles, § 36-170. State law references: Vehicle registration fee, R.R.S. 1943, § 14-109. Sec. 16-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them as follows: Gross vehicle weight : The sum of the empty weights of a truck or truck tractor and the empty weights of any trailer, semitrailer or combination thereof with which it is to be operated in combination at any one time, plus the weight of the maximum load to be carried thereon at any one time. Live load capacity : The weight of the load that a motor-driven truck may carry, exclusive of the weight of the chassis and body; provided that "weight of the load" shall be the weight of the average load of the commodity for which the vehicle is designed or used. Motorcycle : Every motor-driven vehicle, except a tractor or an all-terrain vehicle as defined in R.R.S. 1943, § 60-6,355, having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground. Tax district : The area within a county in which all of the taxable property is subject to the property taxes at the same consolidated property tax rate. Truck : A truck, a tractor and semitrailer or a tractor and trailer shall each be considered as one unit for the purposes of the fees provided herein. Vehicle : Any device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved solely by human power or used exclusively upon stationary rails or tracks. (Code 1980, § 16-21; Ord. No. 33799, § 1, 1-30-96; Ord. No. 37590, § 1, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. Cross references: Definitions and rules of construction generally, § 1-2. Sec. 16-22. Applicability of article. (a) The provisions of this article shall not apply to: (1) Any vehicle owned by the state or any political subdivision thereof. (2) Any vehicle owned by military personnel exempted by the Soldiers' and. Sailors' Relief Act, 50 United States Code, appendix; provided that, upon proof of such status in accordance with section 16-24, such exempt military personnel may obtain a sticker reflecting exempt status at locations designated by the mayor for such purpose. Such sticker, if obtained, must be. permanently affixed in the lower right corner of the http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 ARTICLE II. REGISTRATION* Page 2 of 6 windshield and when so affixed to any vehicle exempted by this subsection shall be presumptive but not conclusive evidence of the exempt status of the motor vehicle. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. Provided it is mandatory that any person having such exempt status and using the affected vehicle in the city for a period of more than 30 days shall obtain and affix the exempt sticker in the manner above provided. (3) Any vehicle owned by a student exempted by R.R.S. 1943, § 77-1202, because Of residency outside of the city, and outside any tax district located wholly or partially within the city's three mile planning jurisdiction; provided that, upon proof of such status in accordance with section 16-24, the student may obtain a sticker reflecting his or her exempt status, at locations designated by the mayor for such purpose. Such sticker, if obtained, must be permanently affixed in the lower right corner of the windshield, and when so affixed to any vehicle exempted by this subsection shall be presumptive but not conclusive evidence of the exempt status of the motor vehicle. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. Provided it is mandatory that any person having such exempt status and using the affected vehicle in the city for a period of more than 30 days shall obtain and affix the exempt sticker in the manner above provided. (4) Any vehicle identified as part of an interstate fleet proportionally registered under the provisions of R.R.S. 1943, Chapter 60, Article 3, as amended, and used in interstate commerce. (5) Any vehicle which is used temporarily in this city for a period of not more than 30 days, or which is in transit through the city, or where such vehicle is owned and used by a person who is a bona fide visitor in the city for a period of time not to exceed 30 days of continuous employment or presence, at which time the owner shall be considered a resident for purposes of this article. (6) Aircraft, watercraft or any special-use vehicle designed or intended to primarily move on rails or other than on the streets or roads. (b) The provisions of,this article shall apply to: (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 ARTICLE II. REGISTRATION* • Page 3 of 6 • Sec. 16-23. Required. The office of the city treasurer (Douglas County Treasurer) is hereby designated as the sole collection agency for any fee provided for in this article; except that, in cases where state registration of the vehicle in Douglas County, Nebraska, is not otherwise required at the time of registration, the collection agency shall be the city cashier. The owner of every vehicle to which these provisions apply shall register such vehicle annually with the city treasurer or city cashier as appropriate. It is unlawful to own or operate a vehicle which should be registered under the provisions of this article which has not been so registered. (Code 1980, § 16-23) Sec. 16-24. Application. The application for registration of a vehicle under the provision of this article shall be made on a form provided therefor by the city treasurer or city cashier, as appropriate, and shall contain: (a) The name and address of the applicant; (b) A description of the type of vehicle; (c) If a motor vehicle, the number of the engine or the manufacturer's vehicle identification number; and (d) The state registration number, if any, issued for such vehicle. Only the city treasurer (Douglas County Treasurer) or the city cashier shall collect the fees provided for in this article, including, if deemed appropriate, without the application provided for above, for all vehicles owned by a resident of the city, or of any tax district located wholly or partially within the city's three mile planning jurisdiction, or trade, profession or business located in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction,upon application for the state registration or its renewal. In all cases, persons claiming exemption under this article shall have the burden of proving such exemption. All applications for any exemption, including claims in writing of exempt military or student status or assertions that a vehicle is not used by an employee as specified in subsection (b) of section 16-22 hereof, shall create only a rebuttable presumption of such exemption, which shall be ultimately determined by the city finance director or such director's designated agent. (Code 1980, § 16-24; Ord. No. 33955, § 2, 8-20-96; Ord. No. 37530, § 2, 10-31-06; Ord. No. 37590, § 3, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. Sec. 16-25. Fee schedule. The following fee shall be charged upon the registration of each vehicle in accordance with the provisions of this article. Effective October 1, 2003. (a) Trucks. For each motor-driven truck having a gross vehicle weight as follows: (1) Four tons or less . . . $54.00 (2) Four tons to less than six tons . . . 72.00 http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 shall apply to: (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 ARTICLE II. REGISTRATION* Page 4 of 6 • (3) Six tons to less than eight tons . . . 124.00 (4) Eight tons or more . . . 160.00 (b) Other trucks. For each motor farm truck having a live load capacity as follows: (1) One and one-half tons or less . . . 54.00 (2) One and one-half tons to less than two and one-half tons . . . 72.00 (3) Two and one-half tons to less than four tons . . . 124.00 (4) Four tons or more . . . 160.00 (c) Other vehicles. For each vehicle not coming under (a) or (b): (1) Passenger vehicles . . . 35.00 (2) Vehicles used for carrying passengers for hire, including limousines, with a rated capacity of: a. Five passengers or less . . . 90.00 b. More than five passengers . . . 133.00 (3) Vehicles used for other purposes, including self propelled recreational vehicles sometimes also called campers . . . 54.00 (4) Motorcycles . . . 18.00 (d) Noncommercial trailers drawn by vehicles with a carrying capacity of: (1) One thousand pounds or less . . . 6.00 (2) One thousand pounds to less than 2,000 pounds . . . 12.00 (3) Two thousand pounds to less than 3,000 pounds . . . 14.00 (4) Three thousand pounds to less than 4,000 pounds . . . 18.00 (5) Four thousand pounds to less than 5,000 pounds . . .. 21.00 (6) Five thousand pounds or more . . . 27.00 Effective March 1, 1995, a fee of$5.00 shall be charged to persons required by section 16-22 to obtain an exempt sticker. (Code 1980, § 16-25; Ord. No. 32847, § 1, 12-8-92; Ord. No. 33477, § 3, 2-7-95; Ord. No. 35713, § 1, 9-18-01; Ord. No. 36375, § 1, 9-9-03; Ord. No. 37210, § 1, 11-29-05) Editor's note: Section 3 of Ord. No. 37210 shall be in full force and take effect Jan. 1, 2006. Sec. 16-26. Use of receipts. All fees received under the provisions of this article shall be credited to a separate fund account of the city and shall be used only for the repairing of streets and related costs in the city, provided, that fees collected from an owner of a vehicle (a): Who .has a residence located in any tax district located wholly or partially within the city's three mile planning jurisdiction, (b) who stores, garages in, or dispatches such vehicle from a location in any tax district located wholly or partially within the city's three mile planning jurisdiction, or (c) who owns or uses such vehicle in connection with a trade, profession or business located in any tax district located wholly or partially within the city's three mile planning jurisdiction, shall be used only for the repairing and construction of streets and related costs on streets in the city located primarily, but not exclusively, within the city's present development zone. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 tons . . . 72.00 http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 shall apply to: (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 ARTICLE II. REGISTRATION* Page 5 of 6 (Code 1980, § 16-26; Ord. No. 37530, § 3, 10-31-06; Ord. No. 37590, § 4, 12-19-06) 'Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. Sec. 16-27. Assignment of number. Upon the payment of the required fee, the city treasurer or city cashier, as appropriate, shall register the vehicle and assign to it a registration number. (Code 1980, § 16-27) Sec. 16-28. Expiration; renewal. The registration period for motor vehicles coming under the provisions of this article shall expire on the first day of the month one year from the month of issuance, and renewal of such registration shall become due on such date of expiration. (Code 1980, § 16-28) . Sec. 16-29. Delinquency. Renewal of the registration required by the provisions of this article shall be deemed delinquent if not made before the first day of the month following expiration of the prior registration. (Code 1980, § 16-29) • Sec. 16-30. Refunds. Upon transfer of ownership of any vehicle registered under the provisions of this article, or in case of loss of possession because of fire, theft, dismantlement or junking, or upon presentation of receipt of payment of the registration fee as required in conjunction with state registration if a registration fee was paid to the city cashier for any overlapping period, its registration shall expire and the registered owner may, byreturningthe registration certificate, when appropriate, and after making 9 Y� 9 affidavit to the city treasurer or the city cashier, as appropriate, of such transfer or loss or state registration, receive a refund of that part of the unused fees based on the number of unexpired months remaining in the registration period or overlapping period; except that, when such vehicle is transferred within the same calendar month in which acquired, no refund shall be allowed for such month. (Code 1980, § 16-30) Sec. 16-31. Sticker required for certain vehicles. Persons owning or operating vehicles registered under this article which are not otherwise required by law to have state registration in Douglas County shall be required to display a sticker permanently affixed in the lower right corner of the windshield of the vehicle. The sticker shall be provided by the city treasurer or city cashier, as appropriate, and shall indicate the month and year in which the registration expires. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 ARTICLE II. REGISTRATION* Page 6 of 6 (Code 1980, § 16-31) Secs. 16-32--16-40. Reserved. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 P\LAW-CITY COUNCIL DOCUMENTS\2008\20036v1j o • 0 rt c rt C �. fD CO fD COr r %� > > to 2 zz n 60 o .0 Ga = N 0 z z z 2 n rn CD Fri C � O '-r cn �- n M. f�D O Er O 3 1 co � 70 ro to xi zri, Oca. C O cn [D n °' ri. '"' Z 07 L f. = G. �v m N o �.� �, � 3N tn rnZ Z d � Cl) f V - '� 03 0 - °�r' can °' °' 2 crt 0 on ao Qr+ 3m � � O co rt � 0 3 3 70 W pcs 0 < O (�D n O (Dr D (D C l% 9 C .-r cn �. 0 c0 lQ = O \ N 11) (/� vi Q �3 m t Z ? N — [D fD l3� '� O ! � l C o (D rt 0 -S fl. O 0 O, :-> Wnp r Z c ^ rt (D n rt O Z s r N [D CD Q = O uO� �. r Cn receipt of payment of the registration fee as required in conjunction with state registration if a registration fee was paid to the city cashier for any overlapping period, its registration shall expire and the registered owner may, byreturningthe registration certificate, when appropriate, and after making 9 Y� 9 affidavit to the city treasurer or the city cashier, as appropriate, of such transfer or loss or state registration, receive a refund of that part of the unused fees based on the number of unexpired months remaining in the registration period or overlapping period; except that, when such vehicle is transferred within the same calendar month in which acquired, no refund shall be allowed for such month. (Code 1980, § 16-30) Sec. 16-31. Sticker required for certain vehicles. Persons owning or operating vehicles registered under this article which are not otherwise required by law to have state registration in Douglas County shall be required to display a sticker permanently affixed in the lower right corner of the windshield of the vehicle. The sticker shall be provided by the city treasurer or city cashier, as appropriate, and shall indicate the month and year in which the registration expires. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 'NOTICE TO PUBLIC- THE DAILY RECORD The following Ordinance has been set for City Council hearing on July 22, 2008, at OF O�/Et1r1L1 A H,� 2:00 p.m., in the Legislative Chambers, 1T1 Omaha/Douglas Civic Center, 1819 Farnam • Street, at which hearing all persons RONALD A. HENNINGSEN, Publisher interested,may be heard. PROOF OF PUBLICATION AN ORDINANCE to amend Article II. of Chapter 16 of the Omaha Municipal Code dealing with the registration of motor vehicles by amending Section 16-25 of the UNITED STATES OF AMERICA, Omaha Municipal Code to strike all references to the registration of trucks ! The State of Nebraska, SS. calculated by live load capacity; to repeal District of Nebraska, Section 16-25 of the Omaha Municipal Code • as heretofore existing and to provide for the County of Douglas, effective date hereof. Cityof Omaha, BUSTER BROWN, City Clerk 7-18-08 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on July 18 , 2008 That ;=•:�aper during that time was re: rly published and in g the County of Douglas, : r . °e of Nebraska. „r •.. RA. ' Subscribed in my pre .ce and sworn to before i Np aR\GN biri heetfta,�s$ 1 • me this 18 th ay of ciyt. tional Copies 1 II��,�Q�Y� V G'- r 111 • 'i�eital.6?$arC1 ,<<�``A`E �F U Notary hi 1 e of Nebraska las County, . Persons owning or operating vehicles registered under this article which are not otherwise required by law to have state registration in Douglas County shall be required to display a sticker permanently affixed in the lower right corner of the windshield of the vehicle. The sticker shall be provided by the city treasurer or city cashier, as appropriate, and shall indicate the month and year in which the registration expires. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 >1 • k - "NOTICE TO PUBLIC" THE DAILY RECORD ORDINANCE NO.38203 AN ORDINANCE to amend Article II. OF OMAHA 16 of the Omaha Municipal Codee dealing with the registration of motor , vehicles by amending Section 16-25 of the RONALD A. HENNINGSEN, Publisher Omaha Municipal Code to strike all references to the registration of trucks PROOF OF PUBLICATION calculated by live load capacity; to repeal Section 16-25 of the Omaha Municipal Code as heretofore existing and to provide for the UNITED STATES OF AMERICA, effective date hereof. SUMMARY: The State of Nebraska,AN ORDINANCE to Article II. a District of Nebraska, SS. Chapter 16 of the Omahaha Municipal Code dealing with the registration of motor County of Douglas, vehicles by amending Section 16-25 of the Omaha Municipal Code to strike all City of Omaha, references to the registration of trucks calculated by live load capacity; to repeal J.BOYD Section 16-25 of the Omaha Municipal Code as heretofore existing and to provide for the effective date hereof. being duly sworn,deposes and says that she is PASSED: July 29,2008, 6-0 APPROVED BY: LEGAL EDITOR MIKE FAHEY 7/31/08 MAYOR OF THE g of THE DAILY RECORD, of Omaha, a legal newspaper, printed and CITY OF OMAHA BUSTER BROWN, published daily in the English language, having a bona fide paid 8-6-08 City Clerk circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last • past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 6, 2008 That sai5 .l aper during that time w. , •gularly published and _. a al in gei eei 4Ron in the County of Doug .,and State of Nebraska. Subscribed in presence and sworn to before NOTARY r• )tlish •ttENFO,SIOr$ • 3r• 0 me this 6th day of EXPIRES ddit`,onal Copies $ 20 0 8 O10 . �TF 0 F fq-Z\`t Not bl• in r Dug as County, tate of Nebraska provided by the city treasurer or city cashier, as appropriate, and shall indicate the month and year in which the registration expires. No sticker issued hereunder shall be valid beyond the term of the applicable registration period. It shall be unlawful to pass, give, transmit, assign or otherwise transfer any sticker issued under the provisions of this subsection to any other person or vehicle; nor shall any person to whom such sticker is issued lease, sell or otherwise transfer constructive ownership of any vehicle with any such sticker affixed to the vehicle. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 (1) All vehicles owned or operated by persons who have a residence in the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction, whether or not such persons have a residence elsewhere, unless exempted under subsection (a) of this section. (2) All vehicles stored, garaged in, or dispatched from a location within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction or owned or used in connection with a trade, profession or business located within the city, or in any tax district located wholly or partially within the city's three mile planning jurisdiction unless exempted under subsection (a) of this section. (Code 1980, § 16-22; Ord. No. 33477, § 1, 2-7-95; Ord. No. 33955, § 1, 8-20-96; Ord. No. 37530, § 1, 10-31-06; Ord. No. 37590, § 2, 12-19-06) Editor's note: Section 6 of Ord. No. 37590 provided for an effective date of Jan. 4, 2007. http://library3.municode.com/default/DocView/10945/1/115/117 5/30/2008 �5��,�C„ Douglas County Treasurer 0�,11A y 4 John W. Ewing, Jr. oDouglas County Treasurer I, .. , 1819 Farnam Street Suite H-03 �0 Omaha, NE 68183 iyh%tiF SAP- 444-7082 1%`e� 4. FAX: 444-6453 treas@co.douglas.ne.us tr CM- CO --.--; ii- July 22, 2008 074, c ,' <: N) Fri The Omaha City Council iz r' < 1819 Farnam Street, LC-1 Omaha, Nebraska 68183 2 119 CD Dear City Council Members: We support the amendment of city ordinance, Section 16-25, Fee Schedule. The proposed 1 changes will simplify the wheel tax issue for the citizens of Omaha and Douglas County. Therefore, we endorse the modifications. Sincerely, LA.:, . ohn W. Ewing,#. Douglas County "r asurer JWE/jas 4. 4 \ O 0 0 7 @ 0 * 0 q \ ] \ ' § ® • & ƒ / -. k w 2. % & S § \ \ q e n §. ■ O § 7' § § q /` \ ib 2 \' CD ) o � � � �� ƒ ] _ a k \ ? � ''? ° m c L , n , 5d -k ? 2 K - ° k 2 kE D (