ORD 33934 - Amend SLO 9762 aMAHA,n,�,e RECEIVED
1 E C EIV E •
Il tL� Law Department
rti!r ' Omaha/Douglas Civic Center
�ri-- if „ 9 PM y! 1 8 1819 Farnam Street,Suite 804
® l'L I► r :. 96 JUL Omaha,Nebraska 68183-0804
o.per���r�..�. .
�A�ti (402)444-5115
oR'TtD FE9R 1 CITY CLERK Telefax(402)444-5125
City of Omaha O M A H A, NEBRASKI1 Herbert M.Fide
Hal Daub,Mayor
City Attorney
July 16, 1996
Honorable President ,
and Members of the City Council,
Attached is an ordinance requested by Councilmember Brenda Council to amend Special Levy
Ordinance No. 9762, which levied special assessments for demolition of condemned buildings or
structures. Special Levy Ordinance was passed on May 22, 1990.
The amendment contained in the attached ordinance would delete all interest that has accrued on the
special assessment on the property of the Freestone Primitive Baptist Church at 4347 North 40th
Avenue. The attached ordinance would also set up a payment plan for this special assessment
similar to those payment plans now used by the Finance Department regarding newly demolished
properties. The principal balance of$5,415.12 could be paid off over ten years, at seven percent
interest, with fourteen percent interest accruing on delinquent payments.
Respectfully.submitted,
Alan M. Thelen
Assistant City Attorney
P:\LAW\4476.SKZ
0
ORDINANCE NO. B 373/
AN ORDINANCE to amend certain portions of Special Levy Ordinance No. 9762, levying
assessments for demolition of condemned buildings or structures for the period February 8,
1990 through February 13, 1990, by revising the assessments on half the vacated alley
adjacent and all Lots 4, 5, and 6,Block 1, Lot 24,Block 2,Loomis Subdivision, an addition
in the City of Omaha, Douglas County,Nebraska; and to provide an effective date.
WHEREAS, Special Levy Ordinance No. 9762 was passed by the City Council of the City
of Omaha on May 22, 1990, said special assessments being made for assessment for demolition of
condemned buildings, and it has been ascertained that the assessment on the following-described
property and the amount so levied by said special ordinance should be revised.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That such portion of Special Levy Ordinance No. 9762 passed on May 22, 1990,
relating to and levying special assessment for demolition costs, plus interest, upon the following-
described property:
Name of Owner of Record Legal Description Amount
Freestone Primitive Baptist Church 1/2 Vac Alley Adj. & $5,415.12
4023 Ames Avenue all Lots 4, 5, and 6,Block 1,
Omaha,Nebraska 68111 Lot 24, Block 2, Loomis Sub Div.
4347 North 40th Avenue
be, and hereby is, revised to delete the accrual of all interest upon the said principal amount of
$5,415.12 from May 22, 1990,through the effective date of this Ordinance; so that as of the effective
date of this Ordinance, the amount of the remaining unpaid special assessment upon the above-
described property shall be the principal amount of$5,415.12, and no accrued interest. One-tenth
ORDINANCE NO. 3 3 9:y
PAGE 2
of the said remaining unpaid special assessment shall become due and payable each year for a period
of ten years,with the first such installment payment becoming due on the fiftieth(50th)day after the
effective date of this Ordinance. Each of said installments, except the first, shall draw interest at the
rate of seven percent(7%)per annum from the effective date of this Ordinance until the same shall
become delinquent. Interest at the rate of fourteen percent(14%)per annum, as provided by state
law, payable in advance shall be paid on each delinquent installment.
Section 2. This Ordinance shall be in full force and take effect fifteen(15) days from and
after its passage.
INTRODUCED BY COUNCILMEMBER
/5//ets14/dZeella APPROVED BY:
96
rr /
• YOR OF THE CITY OF OMAHA
PASSED JUL 3 0 1996 7- 2
ATTEST:
CIT CLE OF THE ITY OF OMAHA
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
P:\LA W\4477.SKZ
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO. o,1969 � t „ ice
TO: HERBERT M. FI1'LE, CITY /1 ° ' <<f DATE ASSIGNED -///-
DATE: June 13, 1996 �`' _ 6 1g96 SSIGNED TO 1771E1EN
N� , DATE ANSWERED 71' R'�? (p
Y*,:F
REQUEST B ING MADE BY: On behalf of Councilmember Brenda Council
ustin, Council Staff Assistant . 4567
(NAME) (DEPA MENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
July 2, 1996
REQUEST FOR: Appropriate Document to Waive Interest Which has
Accrued Against a Condemnation Levy
(State Specifically What You Are Requesting)
DETAILS: (Do.not state "See Attached")
Ms. Council requests that the appropriate document be prepared which
would waive the interest that has accrued on the condemnation lien held
against a property at 4347 North 40th Avenue.
The above-encaptioned structure was demolished as a last resort under
the condemnation proceedings. The cost for knocking down that particular
property was $5,350. On February 13, 1990, the City sent a statement to
the owner of the property, the Freestone Primitive Baptist Church. The
address shown on the billing statement and presumably the envelope w as
4073 Ames Avenue. The address used for the Freestone Primitive Baptist
Church should have been 4347 North 40th Avenue. Consequently, the
church never received the billing statement for condemnation costs. The
Finance Department's records do not show the envelope as having been
returned to them and included in the file. The church council states that
their records do not show having received a billing from the City for th e
church's structure having been demolished. Apparently conversations
O
Request to Law
June 13, 1996
Page Two
were had between the church council and then-Housing and Condemnation
Director Richard Cottage, which led the church to believe that the City
would take the building down simply to get a dangerous building down
and out of the way. Therefore, the church was never suspicious as to w h y
they did not receive an invoice for the demolition costs.
It was only recently that the church became aware of the fact that th e
demolition cost had not been paid and that a significant amount of interest
has accrued to that demolition cost since the bill was mailed out in
February of 1990.
The Freestone Primitive Baptist Church Council realizes that with the
waiving of the interest, they have an option to pay the demolition cost of
$5,350 off in one up-front payment. Secondly, they realize that they also
have the option available to them to pay it off per the payment schedule
that is mandated by local ordinance. In the event that they take the
scheduled payment route, they furthermore understand that the interest
clock will start anew.
Attached is a copy of the invoice for the demolition that was erroneously
sent to 4073 Ames Avenue instead of 4347 North 40th Avenue.
If you have any questions concerning this matter, please call Council Staff
at ext. 4567.
INFORMATION ATTACHED : YES _X_ NO NONE AVAILABLE
wk
c: Councilmembers, City Clerk, Ken Taylor, Lou D'Ercole, Council Staff
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