ORD 33441 - Provide claryfing title for vacating streets •
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City of Omaha C'")
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P.J.Morgan,Mayor
Law Department
Omaha/Douglas Civic Center 171
1819 Farnam Street,Suite 804
Omaha,Nebraska 68183-0804
(402)444-5115 .➢
• '-O .
Telefax(402)444-5125 —�-
Herbert M.Fitle w=i
City Attorney r
Honorable President ~�
and Members of the City Council,
•
The Ordinance transmitted herewith is sent at the request of Councilmember
Koneck. It deals with clearing up the title problems that exist with Planning
Board initiated street vacations and embodies the recommendations of the Blue
Ribbon Panel and Joe Mangiamelli's suggestions.
Respectfully submitted,
Robert J amer -
Assistant City Attorney
P:\LAW\0595.SKZ
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CIP
ORDINANCE NO. ,_5 3yy/
ri intitle, or conveying title, in the case of vacatingstreets
AN ORDINANCE toprovide for clarifying
fY gy g
pursuant to Section 14-375 R.R.S. 1943 (Reissue 1991);to provide generally that title go to
abutting property owners; to continue certain sewer and other utility reservations and to
provide for the effective date hereof
WHEREAS, the City of Omaha is empowered to vacate streets or alleys and narrow the
same; and,
WHEREAS, whenever a street or alley is vacated or narrowed by the City Council upon
recommendation of the City Planning Board pursuant to Section 14-375 R.R.S. 1943 (Reissue 1991)
title to such vacated property remains vested in the City of Omaha; and,
- i
WHEREAS,it has heretofore been the understanding of the City of Omaha and the citizens
of Omaha that title to such streets or alleys vacated or narrowed reverted to the abutting property
owners on the respective sides thereof; and,
WHEREAS, it is just and proper that title to streets or alleys which have been vacated or
narrowed,whether prior to the effective date hereof or hereafter,revert to the abutting owners on the
respective sides thereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
SECTION 1. That the City of Omaha does hereby waive,release and relinquish any and all
right, title, and interest which it has or may have had in and to any vacated or narrowed streets or
•
alleys which have heretofore been vacated pursuant to Section 14-375 R.R.S. 1943, as amended,in
ti
favor of the abutting property owners on the respective sides thereof so as to vest title in such
vacated or narrowed street or alleyway one-half to each said abutting owner at the time of such
L
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ORDINANCE NO. `I 3V/
PAGE 2
vacation and hence to such owners'successors or assigns;provided,however,that this Section shall
not be effective in favor of such owners if, prior to the effective date hereof, the City shall,have
conveyed, granted,or sold such a vacated or narrowed street or alley by deed or by affirmative and
explicit words in the vacating ordinance. The vacating of the property herein described, and the
reversion thereof,pursuant to applicable law, shall be subject to the conditions and limitation that,
if in the vacating ordinance there was reserved to the City of Omaha the right to construct, install,
maintain, operate, repair and renew sewers or the right to authorize the public utilities and cable
television systems to construct,maintain,repair, or renew and operate now or hereafter install water
mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal
transmission lines and other similar services and equipment and appurtenances above,on and below
the surface of the ground for the purpose of serving the general public or abutting property,then the
rights so reserved shall,except as previously released or conveyed back, continue to be so reserved.
SECTION 2. That from and after the effective date hereof,whenever a street or alley shall
be narrowed or vacated within the City of Omaha pursuant to Section 14-3:75 R.R.S. 1943, as
amended, title to such street or alley shall,except as otherwise specifically stated in the vacating
ordinance,revert to the abutting owners on the respective sides thereof; provided,however, that if
8r
part of all of the vacated street or alley lies within the State of Nebraska but one side or any part of
the street or alley is adjacent to the boundary of the State of Nebraska,all or the street or alley lying
within the State of Nebraska,or that part lying within the State of Nebraska,shall revert to the owner
of the abutting property lying wholly within the State of Nebraska.
•
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ORDINANCE NO. cg 344//.
PAGE 3
SECTION 3. That the cost of any improvements to the extent of special benefits thereby
conferred may be assessed against the property comprising the vacated or narrowed street or alley
specially benefited by such improvements in the usual manner for assessing special benefits.
SECTION 4. That this Ordinance.shall be in full force and take effect fifteen(15)days from
the date of
passage.
INTRODUCED BY COUNCILMEMBER
Pa
07/0APPROVED BY:
OR OF CITY OF OMAI.
d2V
PASSED DEC 2 0 1994 's Q,�p��/ 7 of RIM
ATTEST:
CI -RK 0 THE CITY OF OMAHA
zti APPROVED AS TO FORM:
•
ASS T CITY ATTORNEY
P:\LAW\0701.SKZ
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LNTER-OFFICE CO-MI5MCATIO
October 13, 1994
TO: Warren W f',, City Council Staff Assistant
Vat
FROM: Joe Man: •y 1
SUBJECT: Blue Rib.on Panel to review Land Title Problems Recommendation
I have received and reviewed the recommendations of the Blue Ribbon Panel relative to the
vacations of rights-of-way under the provisions of 14-375, RRS. The recommendations include a
sample, blanket ordinance proposed to address previously vacated rights-of-way and the transfer of
title therefor. Section 2 of that ordinance should be revised to address the following:
1. An exception should be identified which excludes any reversion on vacated right-
of-way which has already been conveyed, granted or sold by the abutting property owners so as
not to encumber the properties with an inappropriate title cloud by this action; •
2. An exception should be identified which excludes the retention of sewer and utility
casements on those vacated rights-of-way which have either not been retained or have previously
been released, again, so as not to encumber the properties with a title cloud resulting from this
action.
In addition, there are several typographic errors to be corrected in the draft ordinance. I have
discussed these matters with Bob Hamer who advised that this attention should be drawn. Please
feel free to share this information with the panel members and any other interested parties. If you
have questions or require additional information concerning this communication contact me at
5249.
c: Bob Hamer
Mike DeSelm
•
•
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO.
r �p
TO: HERBERT M. NILE, CITY ATTORNEY DATE ASSIGNED rn
DATE: November 17, 1994 1 : (Op, rr), ASSIGNED TO zcO
DATE ANSWERED P-
REQUEST BEING MADE BY: On Behalf of Councilmember Paul Koneck
Warren We Council Staff Assistant 6298
(NAME) 11 (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
December 6, 1994, Council Agenda
DATE:
REQUEST FOR: Ordinance - Street Vacation
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmember Paul Koneck requests the ordinance drafted by the Street
Vacation Blue Ribbon Panel be finalized and placed on the Council agenda
for December 6, 1994.
Councilmember Koneck has reviewed the comments of Joe Mangiamelli
from his October 13 memo to Council Staff, and concurs that these
provisions should also be included in the ordinance.
Council Staff will advise later of the intent and/or timing to place this issue
before the 1995 Nebraska Legislature as a part of the City's Legislative
package.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
wk
Councilmembers, City Clerk, Mike DeSelm, George Ireland, Joe
Mangiamelli, City Lobbyist, Council Staff
•
7 October 1994
City Council of the City of Omaha
Omaha/Douglas Civic Center
1819 Farnam Street - LC-1
Omaha,Nebraska 68183
On 29 June, 1994, at the invitation of Assistant City Attorney Bob Hamer, a meeting was held to
discuss the situation involving title to real property upon which the City of Omaha had vacated
rights-of-way. Present at the meeting in addition to Mr. Hamer were Bruce Brodkey (Brodkey &
Cuddigan), John Daum (ATI), John Fullenkamp (Walsh, Fullenkamp & Doyle), Paul LaPuzza
(Young & LaP1177a), and Joe McNamara (Security Land Title). This group was unanimous in its
opinions and recommendations and the Council is advised as follows:
Except as to Cities of the Metropolitan Class (Omaha) the Statutes of Nebraska provide that upon
vacation of a right-of-way, title to the property reverts one-half to each adjoining property owner.
Historically, everyone believed this to also be the situation following vacations in the city. However,
a recent Supreme Court decision (Valasek v Bernardy,et al) held otherwise. The Court found that
reverter of title to abutting property owners does occur in the case of a vacation of a right-of-way
within the City of Omaha except when such vacation is granted pursuant to Section 14-375 or the
Statutes. This is the Statute that allows for a vacation based upon the request or application made
by the city as opposed to a request or application made by any other party such as an abutting
property owner. The Court found that no right of reverter exists pursuant to Section 14-375 and,
therefore,when the right-or-way is vacated,the city is the title holder. Section 14-3,107 for example
states in part: "Whenever a street is vacated or narrowed the part so vacated shall revert to the
abutting owners of the respective sides thereof.. .° In contrast, Section 14-375 does not mention
reversion.
There exist countless parcels of real property all over the city which have been subject to the Section
14-375 vacations. The City, abutting property owners,title companies, lawyers, etc. have assumed
for decades that these parcels were owned by the abutting property owners. The abutting property •
owners have exercised control and dominion over the properties,have constructed improvements,
built garages, etc. As title may not be obtained by adverse possession against the city,these abutting •
property owners have not acquired title to these parcels. The problem is also prospective in that any
vacation to be granted in the future under 14-375 would similarly result in confirmation of title of
the vacated property in the city.
As a result of this decision, property owners in Omaha have inadvertently been deprived of
ownership to these vacated rights-of-way. The city must now recognize maintenance obligations and
liability exposure regarding these parcels. Additionally,the City Charter requires that, periodically,
the city inventory all its real property holdings. Obviously,these parcels have never been inventoried
and it would be a monumental undertaking to do so. The group is of the opinion that the City of
Omaha should take such actions as are necessary to cause title to these previously vacated parcels
to vest in
CITY COUNCIL OF THE CITY OF ONIAHA
7 October, 1994
Page 2
the abutting property owners as is true in the rights-of-way that have been vacated under all the
other Nebraska Statutes. Additionally, it is the group's opinion and recommendation that the city
should seek a legislative remedy, both at the city and state level,to cause the title to vacated right-of-
way to vest in abutting property owners on all future Section 14-375-type vacations. Specifically,
the group recommends that the City Council adopt an Ordinance which operates retroactively to pass
title to all or these parcels now held by the city to the abutting property owners. A proposed
Ordinance is attached. This Ordinance also has the effect of creating a reverter on all future Section
14-375 vacations. It is also the group's recommendation that the city include within its legislative
package presented to the Legislature an amendment of Section 14-375 which would, prospectively,
create such a reverter. The new version of the State Statute is also enclosed.
It is the opinion of the group that the municipal ordinance is the only practical vehicle with which
to cure the titles not reverted pursuant to prior vacations. As to the future, a modification of the State
Statute is the method of choice. However,the group recognizes that the Legislature does not always
appear willing to do what the City wants when the City wants it done and, accordingly,the proposal
is for a prospective ordinance to operate in the absence of a statutory remedy, which remedy would
certainly be delayed and must be considered to be speculative.
The group did consider the option of having the City Council convey title on a parcel by parcel basis
on each Section 14-375 vacation in the future and on each parcel when and if a difficulty or dispute
would arise. This approach was rejected for several reasons. First, this would not avoid the City's
obligation to inventory parcels previously vacated. Second, there is tremendous amount of work,
especially by the City, associated with each of these conveyances. Third, this approach would not
protect the City against maintenance obligations and liability exposure.Fourth,the group was of the
opinion that a title examiner should be able to look at a legal description including a vacated right-
of-way and thereby be able to know the status of title without doing independent city ordinance
research. Stated otherwise,the solutions proposed by the group would place all interested persons •
in.a position that we all thought we were in prior to the Supreme Court decision with the manner and
methods of conveyancing, title examination, etc. remaining unchanged from those followed in the •
past.
Mr. Hamer does wish to point out to you that the proposed State Legislation and City Ordinance do
limit your future discretion regarding the passing of title upon such vacations.
.
CITY COUNCIL OF THE CITY OF OMAHA
7 October, 1994
Page 3
All members of the group have agreed to remain available to assist you and to answer any questions
which may arise.
Respectfully submitted,
for the Committee
ROBERT J. HAMER
Assistant City Attorney
RJH :p/p\bob\vacation\
cc: BRUCE BRODKEY
JOHN DAUM
JOHN FULLENKAMP
PAUL LaPUZZA
JOE McNAMARA
CITY OF OMAHA
LEGISLATIVE CHAMBER
OMAHA,NEBRASKA . 19
(PREAMBLE TO BE INSERTED) 7P\(
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha is empowered to vacate streets or alleys and narrow the
same; and,
WHEREAS, whenever a street or alley is vacated or narrowed by the City Council upon
recommendation of the City Planning Board pursuant to Section 14-375 R.R.S. 1943 (Reissue 1991)
title to such vacated property remains vested in the City of Omaha; and,
WHEREAS, it has heretofore been the understanding of the City of Omaha and the citizens
of Omaha that title to such streets or alleys vacated or narrowed reverted to the abutting property
owners on the respective sides thereof; and,
WHEREAS, it is just and proper that title to streets or alleys which have been vacated
ornarrowed,whether prior to the effective date hereof or hereafter, revert to the abutting owners on
the respective sides thereof.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
SECTION 1. That the City of Omaha does hereby waive, release and relinquish any and all
right, title, and interest which it has or may have had in and to any vacated or narrowed streets or
alleys which have heretofore been vacated pursuant to Section 14-375 R.R.S. 1943, as amended, in •
favor of the abutting property owners on the respective sides thereof so as to vest title in such
vacated or narrowed street or alleyway one-half to each said abutting owner and to such owners'
successors or assigns; provided, however, that this Section shall not be effective in favor of such
abutting property owners if,prior to the effective date hereof,the City shall have conveyed, granted,
or sold such a vacated or narrowed street or alley by deed or by affirmative and explicit words in the
vacating ordinance. The vacating of the property herein described, and the reversion thereof,
pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to
the City of Omaha the right to maintain, operate,repair, and renew sewers now existing therein and
, y
in the future to construct, maintain, repair, and renew additional or other sewers, and also the right
to authorize the public utilities and cable television systems to construct,maintain, repair, or renew
and operate now or hereafter install water mains and gas mains, pole lines, conduits, electrical
transmission lines, sound and signal transmission lines and other similar services and equipment and
appurtenances above, on and below the surface of the ground for the purpose of serving the general
public or abutting property; and the right so reserved shall also include such lateral connection or
branch lines as may be ordered, desired or permitted by the City or such other utility and to enter
upon the premises to accomplish the above purposes at any and all times.
SECTION 2. That from and after the effective date hereof, whenever a street or alley shall
be narrowed or vacated within the City of Omaha pursuant to Section 14-3:75 R.R.S. 1943, as
amended, title to such street or alley shall revert to the abutting owners on the respective sides
thereof; provided,however, that if part of all of the vacated street or alley lies within the State of -
Nebraska but one side or any part of the street or alley is adjacent to the boundary of the State or
Nebraska, all or the street or alley lying within the State of Nebraska, or that part lying within the
State of Nebraska, shall revert to the owner of the abutting property lying wholly within the State
of Nebraska.
SECTION 3. That the cost of any improvements to the extent of special benefits thereby
conferred may be assessed against the property comprising the vacated or narrowed street or alley
specially benefited by such improvements in the usual manner for assessing special benefits.
§ 14-375 CITIES OF THE METROPOLITAN CLASS
public purpose and for the public health and welfare: Establishing,laying 14-376.
out, widening, and enlarging waterways, streets, bridges, boulevards, dure. Wh=
parkways, parks, playgrounds, sites for public buildings, and property for class vote a:
administrative, institutional, educational, and all other public uses, and an exercise
for reservations in, about, along, or leading to any or all of the same. The system,gas
powers provided in this section shall be in addition to and not in restric- street rally
tion of any other powers now held by such cities. partly with
Source: Laws 1921, c. 116, art. III, § 57b, p. 461; C.S.1922, § 3612; plant or.sy:
C.S.1929, § 14-360; R.S.1943, § 14-374;Laws 1959,c. 34, § 2, the constrt:
p. 191. may not ha
ity by an e
A city has the power of eminent domain to rable and legal remedies inadequate. Monarch acquire fo:
acquire real estate for a public use and to later Chemical Works, Inc v. City of Omaha, 203
sell portions thereof no longer needed by it. Neb.33,277 N.W.2d 423. tern. The .
Monarch Chemical Works, Inc. v. City of Cities of the metropolitan class are empow- • ner set for
Omaha,203 Neb.33,277 N.W.2d 423. ered to acquire real estate by gift. Bowley v. of-any SLlc
A request for injunction is a proper for in City of Omaha,181 Neb.515,149 N.W.2d 417.
which to present the question of unlawful or This section has application only to those Osition, in
improper exercise of the power of eminent condemnations within a city plan approved by any gener.
domain,because the attempt to deprive a pri- the city council. Van Patten v.City of Omaha,
vate citizen of an estate in his property, if 167 Neb.741,94 N.W.2d 664. such prop(
successful,makes the resulting damage irrepa- other purr
found and
14-375. City planning board; vacation of streets or alleys; proce- - shall subr.
dure; appointment of committees; effect; appeal. Upon the recom- asking for
mendation of the city planning board, the city council may,by ordinance in numbe:
or resolution, vacate any street or alley within any such city without any and is file
petition being filed therefor. Before any such street or alley shall be at which :
vacated, the council shall appoint a committee of at least three members
thereof, who shall faithfully and impartially and after reasonable notice Sou
to the owners and parties interested in property affected by such vacation,
assess the damages,if any,to such owners and parties affected. They shall
take into consideration the amount of special benefits,if any,arising from •
such vacation and shall file their report in writing with the city clerk. Any Act,of wr.
owner or party interested in property affected by such vacation,who shall as itu
pp,°Step
file a written protest with such committee,may appeal from the adoption
by the council of such appraisers'report in the manner provided in section 14-37
14-813,but such appeal shall not stay the passage of the ordinance or reso •
-
lution vacating such street or alley. The award of appraisers shall be final
and conclusive as the order of a court of general jurisdiction, unless
appealed from. . 14-38:
,Source: Laws 1921, c. 116, art III, § 57c, p. 461; C.S.1922, § 3613;
C.S.1929, § 14-361; R.S.1943, § 14-375;Laws 1959, c. 35, § 1, (f) F
p. 192; Laws 1961, c. 30, § 3, p. 147.
Right of appeal is preserved. Hanson v.City Before street may be vacated under this see- 14-38
of Omaha.157 Neb.768,61 N.W.2d 566. tion. committee must be appointed to assess irnprovr
Vacation of street was not an exercise of damages. Hanson v.City of Omaha.154 Neb. iting the
power of eminent domain. Hanson v.City of 72,46 N.W2d 896.
Omaha.157 Neb.403.59 N.W.24 622. rized to
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14-375. City planning board; vacation of streets or
alleys; procedure; appointment of committees; effect; appeal.
Upon the recommendation of the city planning board, the city
council may, by ordinance or resolution, vacate any street or
alley within any such city without any petition being filed
therefor. Whenever a street or alley is vacated or narrowed the
part so vacated shall revert to the abutting owners on the
respective sides thereof; Provided, that if part or all of the
vacated street lies within the State of Nebraska but one side_ or
any part of the street or alley is adjacent to the boundary of
the State of Nebraska, all of the street or alley lying within
the State of Nebraska, or that part lying within the State of
Nebraska, shall revert to the owner of the abutting property
lying wholly within the State of Nebraska. Before any such
street or alley shall be vacated, the council shall appoint a
committee of at least three members thereof, who shall faithfully
and impartially and after reasonable notice to the owners and' _
parties interested in property affected by such vacation, who
shall file a written protest with such committee, may appeal from
the adoption by the council of such appraisers' report in the
manner provided in section 14-813, but such appeal shall not stay
the passage of the ordinance or resolution vacating such street
or alley. The award of appraisers shall be final and conclusive
as the order of a court of general jurisdiction, unless appealed
•
from.
ORDINANCE NO. P02 "g7talek
I hereby move that Council Document No. 3396 be amended in the whole by substituting
in lieu thereof the attached.
APPROVED AS TO FORM:
SSISTA TY ATTORNEY
P:\LAW\STORED\0002.FMT
0
ORDINANCE NO.
AN ORDINANCE to provide for clarifying title, or conveying title, in the case of vacating streets
pursuant to Section 14-375 R.R.S. 1943 (Reissue 1991);to provide generally that title go to
abutting property owners; to continue certain sewer and other utility reservations and to
provide for the effective date hereof.
WHEREAS, the City of Omaha is empowered to vacate streets or alleys and narrow the
same; and,
WHEREAS, whenever a street or alley is vacated or narrowed by the City Council upon
recommendation of the City Planning Board pursuant to Section 14-375 R.R.S. 1943 (Reissue 1991)
title to such vacated property remains vested in the City of Omaha; and,
WHEREAS, it has heretofore been the understanding of the City of Omaha and the citizens
of Omaha that title to such streets or alleys vacated or narrowed reverted to the abutting property
owners on the respective sides thereof; and,
WHEREAS, it is just and proper that title to streets or alleys which have been vacated or
narrowed,whether prior to the effective date hereof or hereafter,revert to the abutting owners on the
respective sides thereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
SECTION 1. That the Cityof Omaha does herebywaive,release and relinquish any and all
right, title, and interest which it has or may have had in and to any vacated or narrowed streets or
alleys which have heretofore been vacated pursuant to Section 14-375 R.R.S. 1943, as amended, in
favor of the abutting property owners on the respective sides thereof so as to vest title in such
vacated or narrowed street or alleyway one-half to each said abutting owner at the time of such
ORDINANCE NO.
• PAGE 2
vacation and hence to such owners' successors or assigns;provided,however, that this Section shall
not be effective in favor of such owners if, prior to the effective date hereof, the City shall have
conveyed, granted, or sold such a vacated or narrowed street or alley by deed or by affirmative and
explicit words in the vacating ordinance. The vacating of the property herein described, and the
reversion thereof,pursuant to applicable law, shall be subject to the conditions and limitation that,
if in the vacating ordinance there was reserved to the City of Omaha the right to construct, install,
maintain, operate, repair and renew sewers or the right to authorize the public utilities and cable
television systems to construct,maintain, repair,or renew and operate now or hereafter install water
mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal
transmission lines and other similar services and equipment and appurtenances above, on and below
the surface of the ground for the purpose of serving the general public or abutting property, then the
rights so reserved shall,except as previously released or conveyed back,continue to be so reserved.
SECTION 2. That from and after the effective date hereof, whenever a street or alley shall
be narrowed or vacated within the City of Omaha pursuant to Section 14-3:75 R.R.S. 1943, as
amended, title to such street or alley shall, except as otherwise specifically stated in the vacating
ordinance, revert to the abutting owners on the respective sides thereof; provided, however,that if
pr
part of all of the vacated street or alley lies within the State of Nebraska but one side or any part of
the street or alley is adjacent to the boundary of the State of Nebraska, all or the street or alley lying
within the State of Nebraska,or that part lying within the State of Nebraska,shall revert to the owner
of the abutting property lying wholly within the State of Nebraska.
• ORDINANCE NO.
• PAGE 3
SECTION 3. That the cost of any improvements to the extent of special benefits thereby
conferred may be assessed against the property comprising the vacated or narrowed street or alley
specially benefited by such improvements in the usual manner for assessing special benefits.
SECTION 4. That this Ordinance shall be in full force and take effect fifteen(15)days from
the date of passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA
PASSED
ATTEST:
CITY CLERK OF THE CITY OF OMAHA
APPROVED AS TO FORM:
ASSVT CITY ATTORNEY
P:\LAW\0701.SICZ
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REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO.
to
z F"
TO: HERBERT M. 1-11LE, CITY ATTORNEY DATE ASSIGNED rn
t7
DATE: December 2, 1994 ASSIGNED TO rn �' cwn rrf
DATE ANSWERED
REQUEST BEING MADE BY: On Behalf of Councilmember Paul Kopeck
c
Warren W eCouncil Staff Assistant Ext. 6298`-
(NAME) ' (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT,
DATE: For Council Agenda December 13, 1994 "'
REQUEST FOR: Amendment to Ordinance - Street Vacations
(State Specifically What You Are Requesting)
DETAILS: (Do Not state "See Attached")
Councilmember Koneck requests an amendment to the ordinance known as
Street Vacations, Agenda Item #83 on Council Agenda for December 6,
1994.
Councilmember Koneck requests a change to Section 2 of the above
document, to allow the specific vacating ordinance to include an exception
to policy regarding the conveyance of title, so that the revisionary
provisions shall not apply as herein written.
INFORMATION ATTACHED : YES NO _X_ NONE AVAILABLE
cj
c: Councilmembers, City Clerk, Gary Pryor, Joe Mangiamelli, George
Ireland, Council Staff
Cam-
• ORIGINAL
.fii/
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO.
cp
0
TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED 1 2
DATE: December 2, 1994 ASSIGNED TO rn
r,
DATE ANSWERED
Tir
REQUEST BEING MADE BY: On Behalf of Councilmember Paul Kock
r, )
Warren W e' , Council Staff Assistant �Ext. 6298
•
(NAME) - (DEPARTMENT) - :(PHONE)It
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT, i
DATE: For Council Agenda December 13, 1994
REQUEST FOR: Amendment to Ordinance - Street Vacations
(State Specifically What You Are Requesting)
DETAILS: (Do Not state "See Attached")
Councilmember Koneck requests an amendment to the ordinance known as
Street Vacations, Agenda Item #83 on Council Agenda for December 6,
1994.
Councilmember Koneck requests a change to Section 2 of the above
document, to allow the specific vacating ordinance to include an exception
to policy regarding the conveyance of title, so that the revisionary
provisions shall not apply as herein written.
INFORMATION ATTACHED : YES NO _X_ NONE AVAILABLE
cj
c: Councilmembers, City Clerk, Gary Pryor, Joe Mangiamelli, George
Ireland, Council Staff
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