ORD 36721 - Necessity of appropriating properties for Miami Heights redevelopment plan •
•
QtAAHA,N 6
•Pld' 'RECEIVED
RECEIVD Planning Department
��i� Omaha/Douglas Civic Center
j4 _ 1819 Famam Street,Suite 1100
• �� ' !� ^ �� � p� ti� ha,Nebraska 68183-0002
r; :<•ry Omaha,2
(402)444-5200
r • CITY C L E R I1 (402)444-5150
�°Feea !i ;�, f3�� Telefax(402)444-6140
��
City of Omaha • Robert C.Peters
Mike Fahey,Mayor Director
July 20, 2004
Honorable President
and Members of the City Council,
The attached proposed Ordinance of Necessity authorizes the acquisition of property interests
:within the Miami. Heights Redevelopment Plan area and specifically located at 3202 Lake Street,
as shown on the attached map.
The Miami Heights Redevelopment Plan provides for the comprehensive redevelopment of an
area bounded by Maple Street, 30th Street, Lake Street and 36th Street. The Plan provides for the
acquisition of property for residential and commercial development:
The City Council allocated $150,000 for property acquisition and relocation activities in the
Miami Heights redevelopment area by approval of the Action Plan of the year 2004 Consolidated
Submission for Community Planning and Development Programs, as amended. The cost
incurred will be paid from the FY 2004 Community Development Block Grant, Organization
131781, Fund 12186.
The City of Omaha will have the property interests appraised and will offer just compensation to
the owners of those property interests. If the City is unable to negotiate the purchase price, the
property interests will be acquired through eminent domain proceedings. Relocation assistance
will be provided in accordance with the requirements of the Federal Uniform Relocation Act.
Your favorable consideration of this Ordinance is requested.
Sincerely, Referred to City Council for Consideration:
✓ ✓ 7. 2,1 t '7
Robert C. Peters Date Mayor's Office Date
Planning Director
Approved as to Funding:
•
U. ---- 11 B) o Lk •
Carol A. Ebdon ate
Finance Director
P:\PLN2\10903pjm.doc
ORDINANCE NO. e 9,902/
AN ORDINANCE declaring the necessity of appropriating, for the use of the City of Omaha,
certain hereinafter described property interests in vacant and improved properties located
in the Miami Heights Redevelopment Plan Area, an area generally defined by Maple
Street, 30th Street, Lake Street and 36th Street, for acquisition, relocation as appropriate,
demolition of structures, preparation of sites, and subsequent use as sites for
implementing the Miami Heights Redevelopment Plan by the construction of new single-
family, owner occupied houses and commercial development; provided that as to each
specified parcel which cannot be obtained by negotiation, proceedings in eminent domain
be undertaken and completed; and, providing for the effective date hereof. Funding shall
be payable from FY2004 Community Development Block Grant, Organization 131781,
Fund 12186.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary, pursuant to the Nebraska Community
Development Law, to appropriate certain property interests in vacant and improved properties,
except those held by Miami Heights Development Company, L. L. C. generally located in an
area bounded by Maple Street, 30th Street, Lake Street and 36th Street as outlined on the attached
map, and that these property interests in vacant and improved properties necessary for such
purpose are in Douglas County,Nebraska and are more particularly described as follows:
3202 Lake Street
Lot 20, Block 22, Omaha View Extension, an addition to the City of Omaha, as surveyed,
platted and recorded in Douglas County,Nebraska.
Section 2. That the City of Omaha is authorized, empowered and directed to negotiate,
through either employees of the City of Omaha or through persons employed therefore or
through any combination thereof, with the owners of property interests in the above described
1
ORDINANCE NO. 4 ,2/
PAGE 2
property except those property interests now held by Miami Heights Development Company,
L. L. C. for the acquisition of said property interests by the City of Omaha for the aforesaid
purposes. Upon failure to agree through negotiation with the owner of any property interests in
the above described property for the acquisition thereof by the City of Omaha, the City is
authorized, empowered, and directed through the Law Department, to proceed forthwith to
acquire such property interests not obtained by negotiation, by proceedings in accordance with
the laws of the State of Nebraska, under the power of eminent domain. Any notice or notices in
the name of the City of Omaha required to be given the owners or other persons having or
claiming any interest in and to any of the above described property may be given by the Law
Department of the City of Omaha. Funding shall be payable from FY 2004 Community
Development Block Grant, Organization 131781, Fund 12186.
Section 3. That this Ordinance, being not legislative in character, shall take effect upon
the date of its passage in accord with section 2.12 of the Omaha Municipal Code.
INTRODUCED BY COUNCILMEMBER
•44' • P 'di'"'` APPROVED BY:
--Y)/A4.24.
)1
PASSED
AUG — 3 2004 MAYOR OF THE CITY OF OMAHA ATE
ATTEST:
CIT CLERK OF. E-CITY OF OMAH A E
, APPROVED AS TO FORM:
. � • c9. 6, 13d q
AS- CITY ATTORNEY DATE
P:\PLN2\10904pj m.doc
Subject Property
20 21 22 2
Miami
0 NISt
. 2
�] 3 . 75 II
6 . iI1p1
H. 9
°II
11111
Inn Ohio St
6 6 4 me ' 76JIILi �922 -`-
15
•
,.♦® 12 13 14 15 16 17
VIEW EX •' '�±® ,6 „
13 14 15 16
23 24 p
19 20 21 22 •p�
• Lake St
zililliall
7 WWII
�v8 Q
9 D®v
30 CD MI MI
2 -MII- SALEM PLACE
CE
33 Nal Will
I MO
1 . liw •
57
56
r67"Irr'71
gal Subject Property
\A♦•AAA
\ Q
w (� E 200 0 200 400 Feet
S PLANNING-OMAHA
j
• ,
c ° c
Sr W N W C
A
> CU
°� o i o 1-4
4, z z CI
, O v O
T T
, , 0 m H
� o o O
z z
z G Z
CA
z
A
m
0C m o 5 @l° 00 n 3tn o rtcu 33' 2 � n O
= On � fl, 0- .0 "' (Da' «-0Z M
cu3m3 0 < cu 3 (A c � 0, 3n, w -1 0
O 3 O (D O a.1. . (D A N ,_, . n • O 1-1
N• c ~' ;D. 3 r• (D m en - ', m ci) O O Z
rt -Ti Q O O Q Q. o"F• !D 7 r, 7 r = (D r-r (=D r—�t 0 a \V
).. .-- . Q 0, Er) ,c r c S c fD (D (D — Q. 5. z m ��
W < S 0 CD r* 0, 70 CU -0 fi -1 CDD ((D a m ,,t. A O
r N C O< 2). 6 (p cL = 0. (D 7 0 3 (D O O- 0 m
C a - n n0 * < N a CU 0- N 0_ n ccn N
O to 6 to cn 3 cn p „ rt a Qsu '< 'c O a O fl,
Nrr`< N (3D -. 3 �O = a N 0 Q' r�r -Z.
i-Lfl, n (0 (D 3
• W (D (D O 7 d fl1 • rt'p 0J' fD 'O Nca) (_�
�, (D
0 m �-0 a < -• E 3 u, fD rt4 = CI M
n � O < s (D r-r Q � CD O
< 3 (D -d 0- 5 , 3 rt,-r D 0. , p en,
p 1 Cu O , = 1p n O (D S S 7 0 0 O flJ S cn
:* -A CD Q. Vf rt (-D (D CD Q 3 -O ? 7 (D �r fl) O
"- I ~` '0
00�
73
�� cu III
CA
0 rn
2' z
, —1
rn
v
o
\Ni\:.
el
c ! 1 0
m k Z Ck
R- Z,
/
'NOTICE TO Pul THE DAILY RECORD
The following Ordinance haas;been set for
C:ty Council.m. hearing on July ati 27,200hamb, at OF O'` - H 2:00 -
p.m., in the Legislative Chambers, l�/�
Omaha/Douglas Civic Center, 1819 Farnam
Street, at which hearing all persons inter- RONALD A. HENNINGSEN, Publisher
ested,may be heard.
AN ORDINANCE declaring the necessity PROOF OF PUBLICATION
of appropriating, for the use of the City of
Omaha, certain hereinafter described prop-
erty in theant and Miami Heights improvedeprop-
UNITED l- STATES OF AMERICA,
Redevel-
opment Plan Area,an area gen orally defined The State of Nebraska,
by Maple Street,30th Street,Lake Street and SS.
36th Street, for acquisition, relocation as District of Nebraska,
appropriate, demolition of County of Douglas,
structures, preparation of sites, and subse-
quent use as sites for implementing the City of Omaha,
Miami Heights Redevelopment Plan by the
construction of new s ngle-family, owner
occupied houses and commercial develop- LYNDA K. HENNINGSEN
ment; provided that as to each specified
parcel which cannot be obtained by negotia- being duly sworn,deposes and says that she is
tion, proceedings in eminent domain be
undertaken and completed; and, providing ASSOCIATE PUBLISHER
for the effective date hereof. Funding shall
be payable from FY2004 Community Devel- of THE DAILY RECORD, of Omaha, a legal printed and
opment Block Grant, Organization 131781, g newspaper,per
Fund 12186. published daily in the English language, having a bona fide paid
BUSTER BROWN, circulation in Douglas Countyin excess of 300 copies, printed in
City Clerk g P r
7-23-04 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 23, 2004
That.said-N wspa er during that time was regularly published and
in gera,figin the County Dougl State of Nebraska.
:••c,ENERA'?••..(cp
Subsc bed in my presence and orn to before
•
.�,, '''' ''I^Ne2•I�0 23rd
lili5her�sCFee• `' me this day of
'~}''' July 04
Alitioha1 Copies $ 20
L e OF NE.d\\* Notary Pu T o duglas County,
e of Nebraska
"NO
ICE
T
PU
N O.3672 THE DAILY RECORD
ORDINANCE N0.36721
AN ORDINANCE declaring the necessity
of appropriating, for.the use of the City of OF OMAHA
Omaha, certain hereinafter described prop-
erty interests invacant and improved prop- RONALD A. HENNINGSEN Publisher
erties located in the Miami Heights Redevel-
opment Plan Area,an area generally defined PROOF OF PUBLICATION
by Maple Street,30th Street,Lake Street and
36th Street, for acquisition, relocation as
appropriate, demolition of
structures, preparation of sites, and subse- UNITED STATES OF AMERICA,
quent use as sites for implementing the The State of Nebraska,
Miami Heights Redevelopment Plan by the SS.
construction of new angle-family, owner District of Nebraska,
occupied houses and.commercial develop-
ment; CountyofDouglas,
provided that as to each specifiedOu g
parcel which cannotpe obtained by negotia- City of Omaha,
tion, proceedings in eminent domain be
undertaken and completed; and, providing
for the effective date hereof. Funding shall LYNDA H.HENNINGSEN
be payable from FY2004 Community Devel-
opment Block Grant, Organization 131781, being duly sworn,deposes and says that she is
Fund 12186.
SUMMARY: ASSOCIATE PUBLISHER
AN ORDINANCE declaring the necessity
Omaha,of appropriating,ceiaang, for the use of thibe City of of THE DAILY RECORD, of Omaha, a legal newspaper, rinted and
certain hereinafter described prop- g P
erty interests in vacant and improved prop- published daily in the English language, having a bona fide paid
erties located in the Miami Heights Redevel-
opment Plan Area, an area generally defined circulation in Douglas County in excess of 300 copies, printed in
by Maple Street,30th Street,Lake Street and Omaha,in said County of Douglas,for more than fifty-two weeks last
36th Street, for acquisition, relocation as
appropriate, demolition of past; that the printed notice hereto attached was published in THE
structures, preparation of sites, and subse-
quent use as sites for implementing the DAILY RECORD,of Omaha,on
Miami Heights Redevelopment Plan by the August 12 2 0 0 4
construction of new angle-family, owner t
occupied houses and commercial develop-
ment; provided that as to each specified
.parcel which cannot be obtained by negotia-
tion, proceedings in eminent domain be
undertaken and completed; and,'providing
for the effective date hereof..Funding shall —,,
be payable from FY2004 Community Devel aper during that time was regularly published and
opment Block Grant, Organization 131781, ilgQ.Aki; in the Coun t of Dougl ,iiir State of Nebraska.
Fund 12186. .,
PASSED:August 3,2004, 7-0 • �h�.•"��� rl/��" ."4) ' �_0 _�.
APPROVED BY:* } el/Aft—.✓A �asr i
MIKE FAHEY 8/6/04 ub ..'bed in my presence and swo 1 r before
MAYOR OF THE NOTARY y
CITY OF OMAHA {. /•• $`^ 1 2 th , day
BUSTER BROWN, 1is41e4 se13N me this of
City Clerk Li p t.EJ "
8-12-04 Adr ti�nal Copie.1 " 'tl ' _/�� � 20�
•. . •O.o•t
,- 1e r• •t r'i t r Notary P . n : d o i� unty,
St: • of Neb 1 aka