ORD 34887 - Necessity of appropriating lands for intercepter sewer construction along Box Elder Creek FNHA, E,
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A.1i �► RECEIVED Public Works Department
Tf r��;�«1 # Omaha/Douglas Civic Center
® 'kr1 "�n; '. April 13, 1999 99 APR —2 PM 1: 52 1819 Famam Street,Suite 601
is,°''' ^~ Omaha,Nebraska 68183-0601
4.
(402)444-5220
°,�'rEo FEBO• CITY C'i.E l+ r Telefax(402)444-5248
City of Omaha O M A H A. N t R A v K ti Don W.Elliott,P.E.
Hal Daub,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 an interceptor sewer along Box Elder Creek from
the current end point at approximately 186th Street 1/8 mile south of West Center Road to
approximately 210th Street 1/4 mile north of West Center Road within the Papillion Creek
Watershed identified as S.O.S. 5653.
This Ordinance provides that the City negotiate with the property owners for said property, and that
the property which 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
Interceptor Sewer Construction Organization 1507, Schering Plough Interceptor Sewer Fund 545.
The Public Works Department recommends your approval of this Ordinance.
Respectfully submitted, This action has been reviewed and found to be
in conformance with the Master Plan.
'PI\ 4 Y . 71 ✓.
- /1
Don W. Elliott, P`E. ate Robert C. Peters MSc Date
Director Acting Planning Director
pr ed as to Funding: Referred o C. y Co cil for Consideration:
�u
ouis A. D'Ercole ate Mayor's Office Title Date
Finance Director
P:\PW 1\8904.SKZ •
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ORDINANCE NO. (211,9
AN ORDINANCE declaring the necessity of appropriating, for use of the City of Omaha, the
necessary lands for the purpose of constructing an interceptor sewer along Box Elder Creek
from the current end point at approximately 186th Street 1/8 mile south of West Center Road
to approximately 210th Street 1/4 mile north of West Center Road within the Papillion Creek
Watershed, identified as S.O.S. 5653; providing that the City negotiate with the property
owners for 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 an interceptor sewer along Box Elder Creek
from the current end point at approximately 186th Street 1/8 mile south of West Center Road to
approximately 210th Street 1/4 mile north of West Center Road within the Papillion Creek
Watershed identified as S.O.S. 5653. Said property and lands necessary for such purposes are
described as follows:
See the attached Exhibit "A" drawing which identifies the boundaries in which this
sewer will be constructed.
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
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ORDINANCE NO. ,1f9,7 J
PAGE 2
by the City of Omaha, the Public Works Department is authorized, empowered, and directed,
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
0:044164Z9if'f't APPROVED BY:
ACTING MA OR OF THE CITY OF OMAHA fAT
PASSED APR 2 7 1999
ATTEST:
CLERK OF T CITY OF OMA DATE
APPROVED AS TO FORM:
?, 7—9't
I TANT CITY ATTORNEY DATE
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"NOTICE To PUBLIC" 1 THE DAILY RECORD
- The following Ordinance has been set for
City Council Hearing April 20,1999 at 2:00 I OF OMAHA
o'clock P.M., in,the Legislative Chambers,
Omaha/Douglas,Civic Center, 1819 Farnam RONALD A. HENNINGSEN, Publisher
Street, at whichhearing all persons PROOF OF PUBLICATION
interested,mayaybe heard. ,
AN ORDINANCE declaring the necessity
of appropriating, for use of the City of UNITED STATES OF AMERICA,
Omaha, the necessary lands for the purpose
of constructing an interceptor sewer along The State of Nebraska,
Box Elder Creek from the current end point District of Nebraska, 99.
at approximately 186th Street 1/8 mile south
of West Center Road to approximately 210th County of Douglas,
Street 1/4 mile north of West Center Road City of Omaha,
within the Papillion Creek Watershed,
identified as S.O.S. 5653;providing that the JOHN P. EGLSAER
City negotiate with the property owners for
permanent easements and temporary being duly sworn,deposes and says that he is
construction easements; providing that as to
each specified parcel which cannot be
obtained by negotiation, condemnation ADVERTISING MANAGER
proceedings be undertaken and completed;
and,providing for the effective date hereof.
BUSTER BROWN, of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
City Clerk published daily in the English language, having a bona fide paid
4-16-99 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 16, 1999
That said Newspaper during that time was regularly published and
in general circulation in the County of Douglas, and State of
Neebbitsiet • M ES
ddltfonal Qifp'y j4; .:. In my presence d s to
Ik.1‘. CO�+X IREs i 9.l,, y
s before meads b th.. ....day of
?Total`•' $ o....y:
d1J''••qY 6 20. �, S / f/�
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�y"h.,'
NE �5- Nota , • .1 c in o ... g��,
State of Nebraska
N TICE;TO PUBLIC- THE DAILY RECORD
ORDINANCE NO.34887
AN ORDINANCE'declaring the.necessity OF OMAHA
of appropriating;'for use of the City of
Omaha, the necessary lands for the purpose RONALD A. HENNINGSEN,
of constructing an interceptor sewer along +
Box Elder reek from the current end point PROOF OF PUBLICATION
at approximately 186th Street 1/8 mile south
of West Center Road to approximately 210th
Street,t//4tmile,north of West Center Road UNITED STATES OF AMERICA,
within -kthesa Papillion Creek Watershed, The State OfNebrask8
identified as S.O.S. 5653; providing that the
City negotiate with the property owners for District of Nebraska 85,
permanent easements and temporary County of Douglas,
construction easements; providing that a s to I City of Omaha,
each specified parcel which cannot be
obtained by negotiation, condemnation
proceedings be undertaken and completed; JOHN P. EGLSAER
and-providing for r the effective date hereof. beingdulydeposes sworn, and says that he is
AN ORDINANCE declaring the necessity
of appropriating; for use of the City of ADVERTISING MANAGER
Omaha, the necessaryytands for.the purpose
of constructing anµrcee teptor sewer along
Box Elder Creek from the current end point of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
at approximately 186th Street 1/8-mile south published daily in the English language,of West Center,Road to approximately 210th $ gu ge, having a bona fide paid
Street 1/4 mile north of West Center Road circulation in Douglas County in excess of 300 copies, printed in
within the .Papillion Creek Watershed, Omaha,in said County of Douglas,for more than fifty-two weeks last
identified negotiateas S.O.S.the56 3;p providingpe . that the past; that the printed notice hereto attached was published in THE
City with property, owners for
permanent ' easements and temporary DAILY RECORD,of Omaha,construction easements; providing that as to on
each specified parcel which cannot be Obtained by negotiation, condemnation May 7, 1999
proceedings•be,undertaken and completed;
and,providing for the effective date hereof.
PASSED: April 27, 1999, 7-0
APPROVED BY:
FRANK BROWN 4/29/99
ACTING MAYOR OF
THE CITY OF OMAHA ., - Tha st aid'�1.,e.. s aper during that time was regularly published and
BUSTER BROWCity Clerk in ge rWl�,c rEdlation in the County of Douglas, and State of
5-7-99 NebtEA.sk rNE/�,q�•. <,..;\
/ •�. •29 n_
Pubus`her's e.„,$......,....A. �C/�^"
%• dditiontCl++Copies:'Q\ .•1,' ? cribed in my Presence an worn to
EXi-�i‘,...
�j •_ 2;g.9 0/ before me ads 7th day of
Ii JJys 20�t�1:" /1.... M Y..... .. .... /199
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��""— Nola bllc in d fo,Douglas County,
State of Nebraska