ORD 41622 - Acquire private property for 62nd and Bancroft Storm Sewer -OPW 53081 ;u rr1
ptRAHA,Nti - a
A . ` Publica'vf 'rks Department
Oma /Douglas Civic Center
n®. ,,I, 1 OCT 0 2 2018 1$ ream Street,Suite 601
p O&M'Nebraska 68183-0601
�oq gCtry (402)444-5220
�rFD FesRv� Fax(402)444-5248
City of Omaha Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance declaring the necessity of appropriating and acquiring certain
private property for the purpose of the 62nd and Bancroft Storm Sewer, project identified as OPW
53081.
This Ordinance provides that the City negotiate with the property owners for said property, and that
the property which cannot be obtained by negotiations be condemned.
Payment for all costs incurred for the right-of-way necessary for the project shall be paid from 2014.
Sewer Revenue Improvement Fund 21124, CSO Control Implementation Organization 116918':
f-
Capital Improvement Program Number 2007E503.
The Public Works Department recommends your approval of this Ordinance.
Respectfully submitted, This action has been reviewed and found to
be in conformance with the Master Plan.
7-/S D1^04 rnit44 . 9.14.ZDit.
Robert G. Stubbe, P.E. Date David K. Fanslau Date
Public Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
01
q�. f �-d� . 9.Iza//�
Step en B. Curtiss i Date Mayor's Office Date
Finance Director
0044kd
ORDINANCE NO. 4 I 11),A
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha,the necessary
private property for the purpose of the 62"d and Bancroft Storm Sewer, project identified
as OPW 53081; providing that the City negotiate with the property owners for land
acquisitions, permanent easements and temporary construction easements; providing that
as to each specified parcel which cannot be obtained by negotiation, condemnation
proceedings be undertaken and completed; and, providing for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared proper and necessary to
appropriate certain private property for the purpose of the 62"d and Bancroft Storm Sewer,project
identified as OPW 53081; Said property and lands necessary for such purposes are described as
follows:
See the attached Exhibit "A" plat drawing of abutting properties for which land
acquisitions, permanent easements and temporary construction easements will be
needed to complete this project.
Section 2. That the Public Works Department of the City of Omaha be, and it hereby is,
authorized,empowered, and directed to negotiate,through either employees of the City of Omaha or
through persons employed therefor or through any combination thereof, with the owners of the
above-described properties for the acquisition of said properties by the City of Omaha for aforesaid
purposes. Upon failure to agree by negotiations with the owners of any of the above-described
properties for the acquisition thereof by the City of Omaha, the Public Works Department is
authorized, empowered, and directed, together with the Law Department of the City of Omaha, to
proceed forthwith to acquire any such property, not obtained by negotiation, for the City of Omaha
for the aforesaid purposes by condemnation proceedings in accordance with the Laws of the State
of Nebraska under the power of eminent domain. Any notices in the name of the City of Omaha
required to be given the owners or other persons having any interest in and to any of the above
ORDINANCE NO. l
PAGE 2
described real estate may be given by either the Public Works Department or the Law Department
of the City of Omaha. The Public Works Department will be responsible for recording of all deeds,
easements or other acquisition documents resulting from the exercise of the authority granted under
this Ordinance in the Register of Deeds Office in the appropriate county.
Section 3. That this Ordinance shall take effect and be in force fifteen (15) days from and
after its passage.
ORDINANCE NO. L4I
PAGE 3
INTRODUCED BY COUNCILMEMBER
J. 4
APPROVED BY:
0%5//
PASSED
OCT 2 3 2018 5 MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
l Of ZS/!
ITY LER F HE CITY OF OMAHA DATE
APPROVED AS TO q.,3TY ATTORNEY DATE
0045kd
EXHIBIT "A"
Arbor St
.1111111111
1.111
11111111111
.111111.11
111111.111
OPW-53081 62ND & BANCROFT STORM SEWER
NECESSITY ORDINANCE BOUNDARY
Affected Properties NORTH
ORDINANCE NO. 141
Item Submitted By: Kyle Dvorak
Department: Public Works
Council Meeting Dates:
First Reading: October 2, 2018
Second Reading and Public Hearing: October 16, 2018
Third Reading: October 23, 2018
An ordinance declaring the necessity of acquiring, for use by the City of Omaha, the necessary
private property for the purpose of the 62nd and Bancroft Storm Sewer, project identified as
OPW 53081; providing that the City negotiate with the property owners for land acquisitions,
permanent easements and temporary construction easements; providing that as to each
specified parcel which cannot be obtained by negotiation, condemnation proceedings be
undertaken and completed.
4#1?)(
PUBLICATIONS ��^^
PUBLICATION OF HEARING: (V—0\(( I C6
PUBLICATION OF PASSAGE: I 0—�1 — I I/
Presented to City Council
October 23, 2018
APPROVED 7-0
ellzabeth Butler
City Clerk