ORD 43327 - EEA Designation for The Trio; 15th and Farnam ORDINANCE NO. I33Z�
1 AN ORDINANCE providing for the designation of an enhanced employment area; the levy of a
2 general business occupation tax; providing for the administration, imposition and
3 collection of such occupation tax; specifying the use of such occupation tax revenue;
4 and related matters.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA, NEBRASKA:
6 Section 1. Findings and Determinations. Pursuant to the Nebraska Community
7 Development Law, Nebraska Revised Statutes Sections 18-2101 et. Seq., as amended (the
8 "Act"), Chapter 19, Article XVII of the Omaha Municipal Code ("General Enhanced Employment
9 Tax") provides for the establishment of an enhanced employment area for the purpose of
10 paying all or any part of the total costs and expenses of the authorized work within an enhanced
11 employment area. The City is authorized to levy and collect a general business occupation tax
12 upon businesses and users of space within an enhanced employment area for the purpose of
13 paying all or any part of the total costs and expenses of a redevelopment project, as allowed by
14 the Act, within an enhanced employment area.
15 The City Council approved and adopted The Trio 15th and Farnam Tax Increment
16 Financing Redevelopment Project Plan on December 8, 2020 for a comprehensive
17 rehabilitation of three buildings that will function as a single development and will ultimately
18 contain 18 apartment units and three street level commercial spaces of about 7,200 square feet
19 ("Redevelopment Project"). The Redevelopment Project Plan was amended to provide for the
20 designation of an enhanced employment area, as allowed by the Act and the General Business
21 Occupation Tax. The City Council adopted the amendment to The Trio 15th and Farnam Tax
22 Increment Financing Redevelopment Project Plan on 2023 (the "Redevelopment
23 Plan").
Ordinance No. 71
Page 2
1 Pursuant to the authority granted by Neb. Rev. Stat. §18-2142.02, as amended, and
2 Chapter 19, Article XVII of the Omaha Municipal Code, and at the request of the property
3 owner, the City Council determines that it is necessary, desirable, advisable and in the best
4 interests of the City that a general business occupation tax be imposed within the enhanced
5 employment area, as designated herein, for the purpose set forth in Chapter 19-901(b) of the
6 Omaha Municipal Code. The City Council further determines that based on written
7 undertakings provided by the property owner and the developer, the new investment in the
8 enhanced employment area satisfies the employment requirements of the Act.
9 Section 2. Designation of Enhanced Employment Area. The City hereby designates the
10 area described on Exhibit "A", attached hereto and incorporated herein, as an "enhanced
11 employment area" as defined under section 18-2103(11) of the Act (the "The Trio Enhanced
12 Employment Area"). The Enhanced Employment Area is within a "substandard and blighted"
13 area pursuant to section 18-2109 of the Act, and included within and considered a part of a
14 "community redevelopment area" for the City and the Redevelopment Project meets the
15 employment requirements under the Act.
16 Section 3. Occupation Tax Imposed; Collection of Occupation Tax. Commencing
17 March 1, 2023, and in each calendar month thereafter until February 28, 2043, there shall be
18 imposed a general business occupation tax upon each and every person or entity operating a
19 business within The Trio Enhanced Employment Area (the "Occupation Tax"). The amount of
20 such Occupation Tax shall be based on the following business uses taking place within the
21 Enhanced Employment Area:
22 1. 1.95% (one and ninety-five hundredths percent) of gross sales, including retail
23 sales and food and beverage sales The Trio Enhanced Employment Area;
24 Such Occupation Tax shall be imposed on the gross receipts resulting from the sale, lease, or
25 rental of any products, food or beverages, or services within The Trio Enhanced Employment
Ordinance No. L+3z7
Page 3
I Area, as indicated for the business uses listed above, except that such tax shall not be imposed
2 on any transaction which is subject to tax under sections 53-160, 66-489, 66-489.02, 66-4,140,
3 66-4,145, 66-4,146, 77-2602 or 77-4008, or which is exempt from tax under section 77-2704.24
4 of the Nebraska Revised Statutes, as amended. The amount of the Occupation Tax shall at all
5 times be subject to such applicable rules and regulations imposed by the State of Nebraska
6 Department of Revenue, regarding the use and imposition of the general business occupation
7 tax authorized by section 18-2142.02 of the Act.
8 The person engaged in operating a business subject to the Occupation Tax may include
9 the tax on or for the selling price, services rendered, charges incurred, rates, or other
10 consideration received on a bill, statement, receipt, or other similar invoice to the purchaser, but
11 each person engaged in a business shall remain liable for the Occupation Tax imposed by this
12 Ordinance.
13 Section 4. Tax Cumulative. The levy of the Occupation Tax under this Ordinance is in
14 addition to all other fees, taxes, excises and licenses levied and imposed under any contract or
15 any other ordinances of the City, in addition to any fee, tax, excise or license imposed by the
16 State of Nebraska or federal government.
17 Payment of the Occupation Tax imposed by this Ordinance shall not relieve the person
18 paying the same from payment of any other tax now or hereafter imposed by contract or
19 ordinance, including those imposed on any business or occupation carried on, unless otherwise
20 specified therein. The Occupation Tax imposed by this Ordinance shall be cumulative, except
21 where otherwise specifically provided.
22 Section 5. Use of Revenue. The Occupation Tax imposed by this Ordinance, less any
23 administrative expenses, shall be used to fund any expenditure that is lawfully authorized to be
24 made under the Act and this Ordinance in connection with the development or the Project,
25 located within the Enhanced Employment Area.
Ordinance No. 's-3 32- 7
Page 4
1 Section 6. Sunset Provision. The Occupation Tax shall automatically expire upon the
2 earlier of February 28, 2043 or full payment of the "Occupation Tax Promissory Note", as
3 defined in the Occupation Tax Agreement.
4 Section 7. Effective Date. This Ordinance shall be in full force and take effect 15
5 (fifteen) days from and after the date of its passage.
INTRODUCED BY COUNCILMEMBER
pttillQA
APPROVED BY:
_ 763 Z�
PASSED MAR 6 ! � ' MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
c%l)-7Cial
CITY CLERK OF T CITY OF OMAHA DATE
APPROVED AS TO FORM:
C V
ji� rZ�.
ASSI NT TY ATTORNEY DATE
EXHIBIT "A"
Enhanced Employment Area
Legal Description:
Lot 4, in Block 138, in the Original City of Omaha, as surveyed and lithographed, in
Douglas County, Nebraska.