ORD 36257 - Necessity of appropriating lands for widening Pacific St from Bob Boozer Dr to 169th St i , l- /
` u4kc' f Public Works Department
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Aigr, 1819 Farnam Street,Suite 601 April 22, 2003Omaha,Nebraska68183-0601
f ',.;t (402)444-5220
�'TFD FEBR�r CIT, Telefax(402)444-5248
City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor Acting 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 widening Pacific Street, from Bob Boozer Drive to 169th Street
identified as Special Project No. 99-24, Federal Aid Project S.TPC-5044(5).
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
Street and Highway Bond Organization 116167, 2000 Street and Highway Bond No. 3 (2003
funding), Fund 13177.
The Public Works Department recommends your approval of this Ordinance.
Respectfully submitted, This action has been reviewed and found to be
` 4/Z/3 in conformance with the Master Plan.
il,dr--%... l• , 9
orm Jackman, P.E. Date Robert C. Peters 6.). Date
Acting Public Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
(-1:4-:"‘"--' 9/g/6 / / .. 44- 9-7
Stanley P. Ti m r Date Mayor's Office Date
Finance Director
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ORDINANCE NO. (544: 1
AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of widening Pacific Street, from Bob Boozer Drive to 169th
Street,identified as Special Project No.99-24,Federal Aid Project STPC-5044(5);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 widening Pacific Street,from Bob Boozer Drive to 169th
Street identified as Special Project No. 99-24,Federal Aid Project No. STPC-5044(5). 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. 9
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
APPROVED BY:
ht..4.;14.4
MAYOR OF THE CITY F OMAHA P •TE
PASSED MAY - 6. 2003 �'o
ATTEST:
-1 .S
CI Y CLERK OF ITY OF OMAHA A E
APPROVED AS TO FORM:
CITY ATTORNEY DATE
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-NOTICE Or TO PUBLIC s- THE DAILY RECORD
The following Ordina `as been set for
Cty Council -p.m on prt 29, 2003, at OF O1%'Li 1 A
2:00 o'clocl4 �.m., Gn�tilthe Legislative
Chambers, „Omaha/Dougla's Civic Center,
1819 Farnam^S`f'eet, 1atiw""F'i cMearing all RONALD A. HENNINGSEN Publisher
persons irif@resied,may b@-hear`d!'� r
AN'ORDINANCE declaring thetiiecessity PROOF OF PUBLICATION
of appropriating, for use of'the*'City of
Omaha, the necessary lands for the purpose
of widening Pacific Street, from Bob Boozer
Drive to 169th Street, identified as Special UNITED STATES OF AMERICA,
Project No.99-24, Federal Aid Project STPC- The State of Nebraska,
5044(5); providing that the City' negotiate SS.
with the property owners for land District of Nebraska,
acquisitions, permanent easements and County of Douglas,
temporary construction • easements;
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
4-25-03 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
April 25, 2003
That -,:•7.'1e . ,N�N� during that time was regularly published and
in g• ‘1 e• ,%l'i r e Co of Douglas,,an State of Nebraska.
NV.••'GEMEPgi••,<`:p ii. 7'(�/
i
'� N�_,�Y /i, ubsc 'bed in my presence and swo to before
• ,Iislier'see $DN 1 2 me this 25th day of
• -' j
AprilyAd.'tioN, opies $ 20
{�hrq ONEB0. — o Notary Pub in f lad-Bounty,
%.‘„,,, a of Nebraska
.NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.36257
AN ORDINANCE declaring the necessity OF OMAHA
/�i /�
of appropriating, for use of the City of
Omaha, the necessary lands for the purpose
Boozer RONALD A. HENNINGSEN, Publisher
of widening Pacific Street, from Bob Boozer
Drive to 169th9- Street, al Aid
i d Special PROOF OF PUBLICATION
Project No. 99-24, Federal Aid Project STPC-
5044(5); providing that the City negotiate
with the property owners for land •
acquisitions, permanent easements and UNITED STATES OF AMERICA,
temporary construction easements; The State of
providing that as to each specified parcelNebraska, ss.
which cannot be obtained by negotiation, District of Nebraska,
condemnation proceedings be undertaken Countyof Douglas,
and completed; and, providing for theg
effective date hereof. City of Omaha,
SUMMARY:
AN ORDINANCE declaring the necessity
of appropriating, for use of the City of LYNDA K.HENNINGSEN
Omaha, the necessary lands for the purpose
of widening Pacific Street, from Bob Boozer being duly sworn,deposes and says that she is
Drive to 169th Street, identified as Special
Project No.99-24, Federal Aid Project STPC- ASSOCIATE PUBLISHER
5044(51; providing' that the City negotiate
with the property owners for land
acquisitions, permanent easements and of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
temporary construction easements; published daily in the English language, having a bona fide paid
providing that as to each specified parcel
which cannot be obtained by negotiation, circulation in Douglas County in excess of 300 copies, printed in
condemnation proceedings be undertaken Omaha,in said County of Douglas,for more than fifty-two weeks last
and completed; and, providing for the
effective date hereof. past; that the printed notice hereto attached was published in THE
PASSED: May 6,2003,7-0
APPROVED BY: DAILY RECORD,of Omaha,on
MIKE FAHEY 5/8/03
MAYOR OF THE May 15, 7003
CITY OF OMAHA
BUSTER BROWN,
City Clerk
5-15-03_ _ _
during that time was regularly published and
in aG "' H� he Co f Douglas tate of Nebraska.
▪ t'17T".RY • ubs in my presence and swo po before
' C. . ..',ION 1 ItS15th
bliskter's Fee,riE`$ 2.Y' me this daffy of
lU1 s May
A 'ti��,,�r▪ '4yp a 9,,, 20
50
4• .`0 NE Notary n and�6r o aenunty,
• State of Nebraska