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ORD 34887 - Necessity of appropriating lands for intercepter sewer construction along Box Elder Creek FNHA, E, �O Na* 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 • • 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 • 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 P:\PWI\8905.SKZ r-�' ir, „� _ a a • ...a ". , 7 p t .+ « -� greet ; �i Q 92nd St o ❑O ft . ,QrX.., �(� d w� .�.� ( , /TtJ ' i' i..C.N .41 � ! 1« , S e "„,...... , , .. . .y „ „..„ „�<f _ i . , ,.,.. ..... .., ., . ..p.,., 3 „:„.,,,, : „,....,, ..„ • . . . . .... ,. . . . . . . . 4, • • • 204th Street - -' y i r • , , it-'-ir, „ i Xri` IA U'l % YM i !3 _ - • i7 .,•01 g to (LA 'i, . 2 : 0-n ; 0 OM g 23 2 I\ 2 .0 c . _ _ _ _ _ _ • _ _ In= N 174 a 'a p c+ 0 t-h c+ N. E CC) ° a txi 0 r+ a y, LU a) - O a a) En CD1 m DI `11 O w. + ;,� N H. a r+ 'Z) n r+ N• (D p O 1i r+ 0 O x! Q rn ,.. N 0 0 ri (D H. H. 0 r+ U1 x K (D 0 ty Q < 0 En r+ a (D 0 W N r01 I) H. 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OW 1hfrb OC a`„- p rt (D (D a a, a O r aLo O fit x a • • "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/� ''Tc • �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 f ��""— Nola bllc in d fo,Douglas County, State of Nebraska