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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 EXHIBIT "A" FORT •,, Ilt TIT :: . , . 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S w) ��� • MAMA CITY�� IN OMAHA 1.- . ..eiPo LIMITS AREA TO BE ANNEXED IS SHADED (i) t , 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