RES 1995-2427 - Protest petition for SID 6853 foudn sufficient a
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O,P*EDFE1305'.4 CITY CFpj<
City of Omaha rl 14 ri H Ai
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Hal Daub,Mayor
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601 Honorable President
Omaha,Nebraska 68183-0601
(402)444-5220
Telefax(402)444-5248 and Members of the City Council,
Michael J.DeSelm,P.E.
Acting Director
Transmitted herewith is a Resolution which declares the PROTEST PETITION
filed in the office of the City Clerk on August 21, 1995, representing 55.28
percent of the abutting property, is found to be a SUFFICIENT PROTEST
PETITION protesting the improvement of Street Improvement District No. 6853,
being 14th Street from Cady Avenue to Sherwood Avenue.
A petition with another signature was submitted which would have increased the
percentage to 89.46;however,there was an irregularity on the acknowledgement
form and therefore it was not included in the calculation.
The PROTEST PETITION has been reviewed by the Law Department and found
to be legally sufficient and regular; therefore the improvement cannot be made
under the provisions permitting special assessments against the property
benefited.
Respectfully submitted, Referred to the City Council for
Consideration:
9iZ-Ism •
c ael J. DeSelm, P.E.
Acting Director Mayor's Office/Ti
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CERTIFICATION OF PUBLIC WORKS DIRECTOR AND CITY ATTORNEY
Re: S.I.D. No. 6853, Petition filed in the office of the City Clerk on August 21, 1995, at 12:19
P.M.,for the improvement of 14th Street from Cady Avenue to Sherwood Avenue by grading,
curbing, and paving.
Honorable President and Members of the City Council:
I. Certification of Public Works Director:
In accordance with Section 26-59, Omaha Municipal Code, as amended, modified or
revised, I hereby certify that I have examined the above referred to Petition, and any
supplements thereof.
The total foot frontage of taxable property within said District is 546.01 feet. The
frontage as signed by owners upon said Petition is correctly stated.
Date: September 12, 1995
(Plat of District attached)
Mic a J. eSelm, P.E.
Acting Director of Public Works
II. Certification of City Attorney:
In accordance with Section 26-59, Omaha Municipal Code, as amended, modified or
revised, I hereby certify that I have examined the above referred to Petition, and any
supplements thereto. Such is in due form of law and the requisite frontage feet of taxable
property within the District are legally signed or by the record owners thereof.
The taxable foot frontage abutting the street to be improved is 546.01 feet of which the
signatures of the record owners of the majority of the frontage of taxable property is needed.
Total frontage of taxable property necessary to make said Petition and any supplement
thereto sufficient is a majority of the total taxable foot frontage or more than 273.005 feet.
The total frontage of property legally signed for therein and acknowledged is 310.84 feet.
The above is regular, legal and sufficient according to law, in my opinion.
Date: September 12, 1995
si ant C orney
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C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr September 26, 19 95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,there has been filed in the office of the City Clerk on August 21, 1995,
a petition protesting the grading and paving of Street Improvement District No. 6853, being 14th
Street from Cady Avenue to Sherwood Avenue; and,
WHEREAS,the total frontage of taxable property within said District is 546.01 feet;
and, •
WHEREAS,301.84 feet of abutting frontage is validly signed for in said PROTEST
PETITION, such 301.84 feet representing 55.28 percent of taxable abutting property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
•
THAT, the PROTEST PEITI1ON be,and the same hereby is found, determined and
adjudged to be SUFFICIENT.
BE IT FURTHER RESOLVED:
THAT, in accordance with Section 14-387 and 14-3, 102, Nebraska Statutes, the
proposed improvement shall NOT be constructed.
APPROVED AS TO FORM:
Ass fC1TY ATTORNEY
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By Ai. (..e.tr
Councilmember
Adopted STP 26 _95
City C/14:441erk • •
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