ORD 36947 - City of Elkhorn o�o AHn NI,
Planning Department
�*( Omaha/Douglas Civic Center
�r�l�`�J`'l1 n 1819 Farnam Street,Suite 1100
1 1 rArt'-#07 Omaha,Nebraska 68183
#.o 4 ti (402)444-5150
°R Telefax 402 444-6140
4r.D FEBRU* ( )
Robert C Peters
City of Omaha Director
Mike Fahey,Mayor
February 22, 2005
Honorable President
and Members of the City Council,
The attached Ordinance approves the annexation of Elkhorn and the following Sanitary
Improvement Districts and/or subdivisions and other properties
The Ridges
Fire Ridge Estates
Pacific Pointe
Centennial
Pacific Pines
Some State and City of Omaha properties
Other properties listed in the attached ordinance
Respectfully submitted, Referred to City Council for consideration,
Z Z1 C li`� �. Z -�5
Robert C Peters Date Mayor's Office Date
Planning Director
P 1PLN211026sap doc
ORDINANCE NO ,_39y7'
AN ORDINANCE extending the limits of the City of Omaha over certain land in Douglas
County, Nebraska, and incorporating the same into and making the same a part of the
City of Omaha and to provide the effective date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA
Section 1 That the corporate limits of the City of Omaha be extended over and that there
be included therein the following described lands in Douglas County, Nebraska, which presently
adjoins the City Limits of the City of Omaha, as it now exists
Beginning at a point on the existing City Limit Line of the City of Omaha as
established by Ordinance Number 36483, passed January 13, 2004, said point
being the intersection of the West right-of-way line of 192nd Street, with the North
nght-of-way line of West Center Road Thence North along said West right-of-
way line of 192°d Street to the Southeast corner of Lot 6, Pacific Pointe, a
Subdivision as surveyed, platted and recorded in Douglas County, Nebraska,
thence Westerly along the South line of said Pacific Point Addition, to the
Southwest corner of Lot 135, said Addition, said point also being the Southeast
corner of Lot 22, Pacific Pines, a Subdivision as surveyed, platted and recorded in
Douglas County, Nebraska, thence Westerly along the South line of said Pacific
Pines Addition to the Southeast corner of Lot 105, Centenmal, a Subdivision as
surveyed, platted and recorded in Douglas County, Nebraska, thence S 89° 27'34"
W along the South line of said addition, a distance of 770 16 feet, to the West line
of the NE 1/4 of Section 30, Township 15, Range 11 East of the 6th P M , Douglas
County, Nebraska, thence North along said West line to the NW corner of the NE
1/4 of said Section 30, thence North along the West line of the East %2 of Section
19, Township 15 North, Range 11 East of the 6th P M , Douglas County,
Nebraska, to the NW corner of the NE 1/4 of said Section 19, thence North along
the West line of the South %2 of the SE 1/4 of Section 18, Township 15 North,
Range 11 East, of the 6th P M , Douglas County, Nebraska, to the NW corner of
said South %z, thence East along the North line of said South 1/2 of said SE 1/4, and
said line extended Easterly, to its intersection with the East nght-of way line of
said 192nd Street, thence South along said East right-of-way line to its intersection
with the South right-of-way line of West Dodge Road, thence Westerly along said
South right-of-way line to its intersection with the West line of the East %2 of the
East % of said Section 19, thence South along said West line to its intersection
with the North right-of-way line of Pacific Street, thence East along the North
right-of-way line of Pacific Street to its intersection with the East right-of-way
line of 180h Street, thence South along said East right-of-way line to its
ORDINANCE NO r 9 e
PAGE 2
intersection with the North line of the SW 1/4 of Section 28, Township 15 North,
Range 11 East of the 61h P M , Douglas County, Nebraska, thence West along said
North line, and said line extended Westerly, to its intersection with the West
right-of-way line of said 180th Street, thence Southerly along said West right-of-
way line to its intersection with the North right-of-way line of said West Center
Road, thence Westerly along said North nght-of-way line to its intersection with
the West right-of-way line of said 192" Street, said point being the point of
Beginning
Together with the City of Elkhorn, Nebraska, as such City of Elkhorn legally
exists including all of the area lawfully embraced within the corporate limits of
said City of Elkhorn
Together with the entirety of all public streets, highways, and public right-of-way
immediately adjacent to all of the lands described above
A map of the area is attached hereto, marked "Exhibit A", and by this reference made a part of
this Ordinance The land to be annexed is marked thereon, but said map is for convenience and,
in case of discrepancy, the description in this Section shall be controlling The said territory
upon the taking effect of this Ordinance shall be and become incorporated into, merged in, and
be a part of the City of Omaha, Nebraska, and subject to the jurisdiction thereof and to its laws
and ordinances
ORDINANCE NO (1 ,47 2
PAGE 3
Section 2 That this Ordinance shall be in full force and take effect fifteen (15) days from
and after the date of its passage
INTRODUCED BY COUNCILMEMBER
. p 14164 APPROVED BY
I
)1A)4-A jakV -,/6P4s
MAYOR OF THE CITY OF AHA ISA
PASSED MAR - 8 2005 9--0
ATTEST
-1/cos
ITY CLERK OF THE CITY OF OMAHA D T
APPROV D TO RM
2 22- o5-
CITY ORNEY DATE
P 1PLN2115579mafdoc
CITY OF ELKHORN AND ADJACENT AREAS
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AREA TO BE ANNEXED IS SHADED (i)
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IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
THE CITY OF ELKHORN, NEBRASKA, ) DOC 1047 NO 620
a municipal corporation, CITY OF )
ELKHORN MAYOR PHILL[P KLEIN, )
CITY OF ELKHORN COUNCILMEN )
MURRAY MCARDLE, GREG )
ROSENBAUM, JEROME GIVEN, )
DAVID ROSACKER, DENNIS )
KRECKLOW, and MARK JOHNSON, )
MICHAEL MILLER, and PATRICK )
MORRISSEY, )
)
Plaintiffs, )
)
vs ) TEMPORARY
) IN UNCTION ORDER
CITY OF OMAHA, NEBRASKA, a )
Municipal corporation, CITY OF OMAHA )
MAYOR MIKE FAHEY, and CITY OF )
OMAHA COUNCIL MEMBERS JAMES )
VOKAL, JR , CHUCK SIGERSON, JR , )
MARC KRAFT, FRANK BROWN, )
GARRY GERNANDT, DAN WELCH, )
And FRANKLIN THOMPSON, )
)
Defendants )
IT IS HEREBY AGREED by and between the Plaintiffs, the City of Elkhorn, Nebraska,
City of Elkhorn Mayor Phillip Klein, City of Elkhorn Councilmen Murray McArdle, Greg
Rosenbaum, Jerome Given, David Rosacker, Dennis Krecklow, and Mark Johnson, Michael
Miller, and Patrick Morrissey ("Plaintiffs"), and the Defendants, City of Omaha, Nebraska, City
of Omaha Mayor Mike Fahey; and City of Omaha Councilmen James Vokal, Jr , Chuck
Sigerson, Jr , Marc Kraft, Frank Brown, Garry Gernandt, Dan Welch, and Franklin Thompson
("Defendants"), in the above captioned action, and it is therefore ordered as follows
I. That during the pendency of'this action, and until further order of the Court, the
enactment, effective date and effectiveness of City of Omaha Ordinance No 36947 is
temporarily enjoined and any enactment or date therein is ineffective, and the
Defendants, and each of them, and any of their officers, agents, servants, employees, and
attorneys are temporarily restrained and enjoined from
a. Enacting, enforcing or making effective in any manner City of Omaha Ordinance
No 36947 passed March 8, 2005, or enacting or introducing any subsequent
annexation ordinance concerning any extension of its boundaries that attempts to
annex the City of Elkhorn or any area or territory to which the City of Elkhorn
annexation Ordinance applies as referred to in this Order
b Defining the boundaries of the City of Omaha so as to include within said
boundaries the area or temtory or any part of the area or territory set forth in City
of Omaha Ordinance No 36947 or any subsequent annexation ordinance relating
to the same area or territory
c Assuming control and authority or exercising jurisdiction and domain as a
municipal corporation over the temtory or any part thereof comprising the
property set forth in City of Omaha Ordinance No 36947 (except it may continue
to exercise as provided by law that extratemtonal jurisdiction it had by law
immediately prior to the passage of City of Omaha Ordinance No 36947)
2 That during the pendency of this action, and until further order of the Court, the
enactment, effective date and effectiveness of City of Elkhorn Ordinances No 550
through 558 are temporarily enjoined and any enactment or date therein is ineffective,
and the Plaintiffs, and each of them, and any of their officers, agents, servants,
employees, and attorneys are temporarily restrained and enjoined from
a Enacting, enforcing or making effective in any manner City of Elkhorn
Ordinances No 550 through 558 passed March 15, 2005, or enacting or
introducing any subsequent annexation ordinance concerning any extension of its
boundaries relating to the same area or territory to which the City of Omaha
annexation Ordinance applies as referred to in this Order
b Defining the boundaries of the City of Elkhorn so as to include within said
boundaries the area or territory or any part of the area or temtory set forth in City
of Elkhorn Ordinances No 550 through 558 or any subsequent annexation
ordinance relating to the same area or territory
c Assuming control and authority or exercising jurisdiction and domain as a
municipal corporation over the territory or any part thereof comprising the
property set forth in City of Elkhorn Ordinances No 550 through 558 (except it
may continue to exercise as provided by law that extraterntonal jurisdiction that
it had by law immediately prior to the passage of City of Elkhorn Ordinances No
550 through 558
3 Nothing herein shall prevent or enjoin the parties from publishing City of Elkhorn
Ordinances No 550 through 558 or City of Omaha Ordinance No 36947, or excerpts
thereof, as required by law
4 Nothing herein shall prohibit or enjoin the Plaintiffs from taking any and all actions
necessary to defend any action which may be brought against it which relates in any
3
manner to the passing, adopting or approving of City of Elkhorn Ordinances No 550
through 558
5 Nothing herein shall prohibit or enjoin the Defendants from taking any and all actions
necessary to defend any action which may be brought against it which relates in any
manner to the passing, adopting or approving of City of Omaha Ordinance No 36947
6 Pursuant to Neb Rev Stat § 14-817 (Reissue 1997) no bond shall be required of the
Defendants, and pursuant to Neb Rev Stat § 19-4901 (Cum Supp 2004) no bond shall
be required of the Plaintiffs
DATED this (%'day of March, 2005
BY THE COURT
Distnct Court Judge
APPROVED AS TO FORM AND CONTENT
CITY OF ELKHO' NEBRASKA - al , Plaintiffs
By _L
Duncan A Y. gj '0 1
Jeff C Miller, 7 53
Malcolm D Yo g, - 4643
YOUNG & WHI
8742 Frederick Street
P 0 Box 241358
Omaha, NE 68124-5358
ATTORNEYS FOR PLATNTIk -S
4
v
C1 FOt , eta , De en ants
By
Paul D Kratz, # 8
Alan M Thelen, #17811
City of Omaha, City Attorney
804 Omaha/Douglas Civic Center
1819 Farnam Street
Omaha, NE 68183
(402) 444-5115
and
William M Lamson, Jr , #12374
Lawrence F Harr, #11719
LAMSON, DUGAN & MURRAY, LLP
10306 Regency Parkway Drive
Omaha, NE 68114
(402)097-7300
5
5
ORDINANCE NO. ,q95/1
AN ORDINANCE extending the limits
of the City of Omaha over certain land
in Doulgas County, Nebraska, and
incorporating the same into and making
the same a part of the City of Omaha
and to provide the effective date hereof
(City of Elkhorn, The Ridges, Fire Ridge
Estates, Pacific Pointe, Centennial,
Pacific Pines, some State and City of
Omaha properties and other properties).
PRESENTED TO COUNCIL
1st Reading FEB P_ 9nm e,,,x
Hearing MAR - 1 2005-Gver 3 -
PUBLICATIONS
PUBLICATION OF HEARING Final Reading MAR - 8 2005
Date —os Passed 2—o
PUBLICATION OF ORDINANCE
Date off- 'r lc - 0-5 BUSTER BROWN
City Clerk