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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 ��Y' �7 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 n G 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 r) z y 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