ORD 36941 - Necessity of appropriating lands for constructiong 83rd and Western Ave bridge rehabilitation, OPW 50338 �. f, . } 3 Public Works Department
Omaha/Douglas Civic Center
~*A«""" 28 PM 1819 Famam Street,Suite 601
,�rr"'" February 8, 2005 05 `� i� � ,Nebraska 68183-0601 1
t5,s ^° _r , (402)444-5220
= '�� CAT? C L G a,s ti Fax(402)444-5248
cityof Omaha Henry Vieregger,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance declaring the necessity of appropriating and acquiring certain
private property for the purpose of constructing the 83rd and Western Avenue Bridge Rehabilitation
identified as OPW 50338.
This Ordinance provides that the City negotiate with the property owners for said property,and that
the property that cannot be obtained by negotiations be condemned.
. Payment for all costs incurred for the right-of-way necessary for the project shall be paid from the
Bridge Maintenance Rehabilitation Organization 116164, Street and Highway Allocation Fund
12131 (2005 expenditure).
The Public Works Department recommends your approval of this Ordinance.
Respect ully submitted, This action has been reviewed and found to be
i/in conformance� with the Master Plan.
l l/l/ki71./ ... l•25' ,n s
c
e Vieregger, P . D to Robert C. Peters S• ) • Date
Public Works Di for Planning Director
Approved as to Funding: Referred to City Council for Consideration:
teL...L.-e- (,,'-‘)A... )).).t.,)(:).5 g'-'1,1 ______frA7,05--
Carol A. Ebdon Date Mayor's Office/Title Date
Finance Director
Document l .
ORDINANCE NO. cg,'9c//
AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing the 83rd and Western Avenue Bridge
Rehabilitation,identified as OPW 50338;providing that the City negotiate with the property
owners for land acquisitions,permanent easements and temporary construction easements;
providing that as to each specified parcel which cannot be obtained by negotiation,
condemnation proceedings be undertaken and completed; and, providing for the effective
date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared proper and necessary to
appropriate certain lands for the purpose of constructing the 83rd and Western Avenue Be=ridge
Rehabilitation identified as OPW 50338. Said property and lands necessary for such purposes are
described as follows:
See the attached Exhibit "A" plat drawing of abutting properties for which land
acquisitions, permanent easements and temporary construction easements will be
needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized,empowered,and directed to negotiate,through either employees of the City of Omaha or
through persons employed therefor or through any combination thereof, with the owners of the
above-described properties for the acquisition of said properties by the City of Omaha for aforesaid
purposes and said Department shall report on said negotiations to this Council. Upon failure to agree
by negotiations with the owners of any of the above-described properties for the acquisition thereof
by the City of Omaha, the Public Works Department is authorized, empowered, and directed,
•
ORDINANCE NO. t.3hM
PAGE 2
together with the Law Department of the City of Omaha, to proceed forthwith to acquire any such
property, not obtained by negotiation, for the City of Omaha for the aforesaid purposes by
condemnation proceedings in accordance with the Laws of the State of Nebraska under the power of
eminent domain. Any notices in the name of the City of Omaha required to be given the owners or
other persons having any interest in and to any of the above described real estate may be given by
either the Public Works Department or the Law Department of the City of Omaha. The Public
Works Department will be responsible for recording of all deeds, easements or other acquisition
documents resulting from the exercise of the authority granted under this Ordinance in the Register
of Deeds Office in the appropriate county.
Section 3. That this Ordinance shall take effect and be in force fifteen(15) days from and
after its passage.
INTRODUCED BY COUNCILMEMBER
P 44104
° APPROVED BY:
�OS
MAYOR OF THE CITY OF OMAHA ATE
PASSED MAR - 1 2005 7-0
ATTEST:-'
{ 4 r
•
CITY CLERK OF THE CITY OF OMAHA DATE
� ' APPROVED AS TO FORM:
CITY ATTORNEY DATE
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"NOTICE TO PUBLIC" -- THE DAILY RECORD
The following Ordinance has been set for 77��//������
City Council hearing on February 15, OF O14AHA
2005, at 2:00 p.m., in the Legislative
Chambers, Omaha/Douglas Civic center, RONALD A. HENNINGSEN, Publisher
1819 Farnam Street, at which hearing all
persons interested,may be heard. PROOF OF PUBLICATION
AN ORDINANCE declaring the necessity
of appropriating, for use of the City of
ofnaha, the necessaryth lands for thed purpWestese
rn UNITED STATES OF AMERICA,
of constructingthe 83rd and Western
Avenue Bridge Rehabilitation, identified as The State of Nebraska,
OPW 50338; providing that the City SS.
negotiate with the property owners for land District of Nebraska,
acquisitions,, permanent easements and Countyof Douglas,
temporary construction easements; g
providing that as to each specified parcel City of Omaha,
which cannot be obtained by negotiation,
condemnation proceedings be undertaken
and completed; and, providing for the LYNDA K. HENNINGSEN
effective date hereof.
BUSTER BROWN, being duly sworn,deposes and says that she is
City Clerk
2-11-05 ASSOCIATE PUBLISHER
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
February 11, 2005
Th aia-Niiiitm per during that time was regularly published and
in rFli ii it.in the Co f Douglas d tate of Nebraska.
3.
•'. ?A bsc 'bed in my presence and swo before
�A., ''',' 17.3 11th
fish s t'e' :'=$ 't"1 me this day of
(/ '' t/ February 05
idilional Copies $ /[(��� 20
.J t' r.; :7J
a`/(!T r_ -;;;-. Notary Public" n s County,
' _ S f Nebraska
"NOTICE TO PUBLIC' THE DAILY RECORD
ORDINANCE NO.36941
AN ORDINANCE declaring the necessity OF OMAHA
of appropriating, for use of the City of
Omaha, the necessary lands for the purpose
of constructing the 83rd and Western RONALD A. HENNINGSEN, Publisher
Avenue Bridge Rehabilitation, identified as
OPW 50338; providing that the City PROOF OF PUBLICATION
negotiate with the property owners for land
acquisitions, permanent easements and
temporary construction easements; UNITED STATES OF AMERICA,
providing that as to each specified parcel
which cannot be obtained by negotiation, The State of Nebraska,
condemnation proceedings be undertaken SS.
and completed; and, providing for the District of Nebraska,
effective date hereof. County of Douglas,
SUMMARY: Clt of Omaha,
ORDINANCE declaring the necessity y
of appropriating, for use of the City of
Omaha, the necessary lands for the purpose LYNDA K. HENNINGSEN
of constructing the 83rd and Western
Avenue Bridge Rehabilitation,n identifiedth as beingdulysworn,deposes and says that she is
OPW 50338; providing that the City P Y
negotiate with the property owners for land
acquisitions, permanent easements and ASSOCIATE PUBLISHER
temporary construction .easements;
providing that as to each specified parcel of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
which cannot be obtained by negotiation,
•condemnation proceedings be undertaken published daily in the English language, having a bona tide paid
and completed; and, providing for the circulation in Douglas County in excess of 300 copies, printed in
effective date hereof.
PASSED: March 1,2005, 7-0 Omaha,in said County of Douglas,for more than fifty-two weeks last
APPROVED BY:
MIKE FAHEY 3/3/05 past;
that theprintednoticehereto attached was published in THE
MAYOR OF THE DAILY RECORD,of Omaha,on
CITY OF OMAHA
BUSTER BROWN, March 9, 2005
City Clerk
3-9-05
t�a ... •er during that time was regularly published and
r
• `geuvr dire cio r' the Co f Doug:as, State of Nebraska.
t _ y..., O« 1-P ubs 'bed in my presence and sw to before6.{30
'k Ptt lishez:rs 1!'ee $¢ 61 me this 9th day of
1.• d�ihi a{i�titc6�%e 05
�� � March 20
�,'i fog,(t 111\.`S4W,-6.30
Notary Publi i fo gl minty,
t e of Nebraska