ORD 41060 - Necessity of acquiring property for Westbrook SRTS infrastructure project and McMillan Magnet School STRS project, OPWS 52381, 52382 OMift', 4',9
�s� Public Works Department
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v? C Omaha/Douglas Civic Center
�► N February 7, 2017 r ., a 1819 Farnam Street,Suite 601
�' °' Omaha,Nebraska 68183-0601
oAo y x 4 (402)444-5220
Ra•E°PEBtI"Q4 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 Westbrook SRTS Infrastructure Project, project identified as
OPW 52381, Federal Project SRTS-28(96), and State Control No. 22410; and McMillan Magnet
School SRTS Project, project identified as OPW 52382, Federal Project SRTS-28(93), and State
Control No. 22321.
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 Street
and Ilighway Allocation 12131, Street Improvement 116165.
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.
Dirt"-51-*AkV-vAJL-- -13 -17
Robert G. Stubbe, P.E. Date ames R. Thele Date
Public Works Director Planning Director
Approved as to Funding: Referred to City Council for Consideration:
/24-ti J fit6T I
step n B. Curtiss Date Mayor's Office/Title / Date
Finance Director
0024kd
ORDINANCE NO. 9/a/,(3
AN ORDINANCE declaring the necessity of acquiring,for use by the City of Omaha,the necessary
private property for the purpose of the Westbrook SRTS Infrastructure Project, project
identified as OPW 52381, Federal Project SRTS-28(96), and State Control No. 22410; and
McMillan Magnet School SRTS Project,project identified as OPW 52382, Federal Project
SRTS-28(93), and State Control No. 22321; 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 Westbrook SRTS Infrastructure Project,
project identified as OPW 52381, Federal Project SRTS-28(96), and State Control No. 22410; and
McMillan Magnet School SRTS Project, project identified as OPW 52382,Federal Project SRTS-
28(93), and State Control No. 22321; 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
ORDINANCE NO. 2-/%060
PAGE 2
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
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. .00640
PAGE 3
INTRODUCED BY COUNCILMEMBER
&r)%/ I. APPROVED BY:
3z/v/7
PASSED F E R 2 8 2017 -Q MAYOR OF THE CITY OF OMAHA A
ATTEST:
ERK OF E CITY OF OMAH ATE
APPROVED AS TO FORM:
l.y�i� l/Cep Aze I'y'1 ,l r'
CITY ATTORNEY / �+ DATE
0025kd
EXHIBIT "A"
0
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ALL PROPERTIES AFFECTED
ARE INSIDE DARK BOUNDARY der
LINE
WESTERN AVENUE
PAGE 1 OF 1 OPW 52381
EXHIBIT "A"
N. 40TH STREET
4> 0
N�a
NG
ri
t1
z
NORTH 39TH STREET
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i
ALL PROPERTIES AFFECTED
ARE INSIDE DARK BOUNDARY
LINE
NORTH 38TH STREET
NORTH 37TH STREET
PAGE 1 OF 1 OPW 52382
ORDINANCE NO. /7/d(:)&e
AN ORDINANCE declaring the
necessity of acquiring, for use by the City of
Omaha, the necessary private property for
the purpose of the Westbrook SRTS
Infrastructure Project, project identified as
OPW 52381, Federal Project SRTS-28(96),
and State Control No. 22410; and McMillan
Magnet School SRTS Project, project
identified as OPW 52382, Federal Project
SRTS-28(93), and State Control No. 22321;
providing that the City negotiate with the
property owners for land acquisition,
permanent easements and temporary
construction easements, providing that if
said parcel cannot be obtained by
negotiation, condemnation proceedings be
undertaken and completed; and, providing
for the effective date hereof. PRESENTED TO COUNCIL
0026kd 1st7ing FEB - 7 2017 '42/7-;
20
PUBLICATIONS Hea ing ! i /f .
PUBLICATION OF HEARING
Date \ 0 — \ I Final Reading FEB 2 8 2017
Passed 7 4
PUBLICATION OF ORDINANCE
Date ' BUSTER BROWN
City Clerk