CITY OF OMAHA PUBLIC NOTICES 2/17/21

CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on February 9, 2021 and passed and approved the following ordinance:

ORDINANCE NO. 42422

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located northeast of Cedar Street and South 55th Avenue from R4(35) Single-Family Residential District (High Density) and R6-Low-Density Multiple-Family Residential District to RS-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 1 and 3, Crestridge Replat 2, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned f om R4(35) Single-Family Residential District (High Density) and R6-Low-Density Multiple-Family Residential District to RS-Urban Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

 

ORDINANCE NO. 42423

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone the property located northeast of Cedar Street and South 55th Avenue from R4(35) Single-Family Residential District (High Density) and R6-Low-Density Multiple-Family Residential District to R6-Low-Density Multiple-Family Residential District.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lot 2, Crestridge Replat 2, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska is hereby rezoned from R4(35) Single-Family Residential District (High Density) and R6-Low-Density Multiple-Family Residential District to R6-Low-Density Multiple-Family Residential District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42424

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located at 4117 Charles Street f om GI-General Industrial District to RS-Urban Family Residential District. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: The west 8 feet of Lot 4, and the east two-thirds of Lot 5, Block 21, Orchard Hill, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from GI-General Industrial District to RS-Urban Family Residential District.; and Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42425

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing ce1tain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone prope1ty located southeast of 72nd and Farnam Streets from GC-General Commercial District to CC-Community Commercial District (property is located within an ACI-2 Area of Civic Importance Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: The west 3 feet of Lots 1 and 4, Lots 2, 3 and 6, except the irregular westerly 18.45 feet of Lots 2, 3 and 6, and Lots 7 and 10, except the irregular westerly 18.12 feet of Lots 7 and 10, Block 10, Cedarnole Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, is hereby rezoned from GC-General Commercial District to CC-Community Commercial District (property is located within an ACI-2 Area of Civic lmpo1tance Overlay District); and Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42426

AN ORDINANCE to create Street Improvement District No. 2020-01, in the City of Omaha, for the purpose of improving Franklin Street, from North 91st Circle to North 93rd Street, by grading, curbing, addressing storm sewers and paving in portland cement concrete; to fix and define the boundaries of said district; to provide for the determination and assessment of damages, if any, occasioned by reason of change of grade; to authorize the Public Works Department, barring protest to the contrary in accordance with OMC 26-65, to complete the associated improvement project; and to provide for an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Street Improvement District No. 2020-01 is hereby created in the City of Omaha for the improvement of: Franklin Street, from North 91st Circle to North 93rd Street. This improvement, as petitioned by the residents, includes grading, curbing, storm sewers and paving, and is to be completed in portland cement concrete. Section 2. That Street Improvement District No. 2020-01, shall comprise Franklin Street, from North 91st Circle to North 93rd Street, and shall include: Lots 1 & 15, Oz Subdivision; Lots 16 & 17 and Lots 25 & 26 Orchard Heights 3rd Addition Subdivision; Lot 2 Orchard Heights 3rd Addition Replat 1 Subdivision, located in the NW 1/4 Section 15-15-12. The outer boundary of said District shall be the outer boundary of the lots hereinabove set forth. Section 3. That if this project shall include a change of grade, then a committee of three freeholders shall be appointed to assess, determine and repor1 to the City Council the damages, if any, to property owners which may be caused by grading or change of grade, if any, in said District, taking into consideration in making such appraisement, the benefits accruing by virtue of the entire improvement contemplated and set forth in this Ordinance. If any damages may be found to have accrued to any property affected, such damages may upon finding of special benefits, be assessed against the properties in the District so benefited. Section 4. That the Public Works Department is authorized to create the design for the improvements, prepare an engineer’s estimate, solicit bids and carry out other associated required actions, to complete the project for this improvement District in accordance with the Omaha Municipal Code. Section 5. That this Ordinance, being administrative in nature, shall take effect and be in full force upon the date of its passage.

First Reading January 26, 2021; Second Reading February 2, 2021; Third Reading, Public Hearing and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk 

ORDINANCE NO. 42427

AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing 991h and Fort Street Erosion/Storm Sewer Repair, project identified as OPW 53634; 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 constructing 99th and Fort Street Erosion/Storm Sewer Repair, project identified as OPW 53634; 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 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 after its passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42428

AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement for Copperfields, located northeast of 204th and F Streets, to allow Multi-family Residential to be built on Lot 7 and to waive the requirement in the Omaha Municipal Code (OMC) that 10% of the development be designated for Office use, between the City of Omaha and Copperfields, LLC, providing site development standards; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:

Section 1. That the City of Omaha, in the interest of maintaining public health, safety, and welfare, desires to assure the property located northeast of 204th and F Streets is developed in accordance with the provisions of the Major Amendment to a Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, or portion thereof, is found to be invalid, any zoning ordinance applicable to such site shall not be invalidated for such reason. Section 3. That this Major Amendment to a Mixed Use Development Agreement 1s hereby approved. Section 4. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42429

AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement between the City of Omaha and Western Springs Land Corp. for The Grove, located northeast of 192nd and Pacific Streets, to allow Multi-family Residential to be built on Lot 1, Replat 9, and to waive the requirement in the Omaha Municipal Code (OMC) that l 0% of the development be designated for Office use, providing site development standards; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, in the interest of maintaining public health, safety, and welfare, desires to assure the property located northeast of 192nd and Pacific Streets is developed in accordance with the provisions of the Major Amendment to a Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, or portion thereof, is found to be invalid, any zoning ordinance applicable to such site shall not be invalidated for such reason. Section 3. That this Major Amendment to a Mixed Use Development Agreement is hereby approved. Section 4. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42430

AN ORDINANCE to approve a Major Amendment to a Mixed Use District Development Agreement between the City of Omaha and The Blondo Project, LLC, for Blondo 108 Business Park, located at 10909 Burdette Street, to allow a proposed climate controlled storage facility with only internal access on Lot 10, providing site development standards; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha, in the interest of maintaining public health, safety, and welfare, desires to assure the prope1ty located at 10909 Burdette Street is developed in accordance with the provisions of the Major Amendment to a Mixed Use Development Agreement attached hereto and made a part hereof by reference. Section 2. That if this Ordinance, or portion thereof, is found to be invalid, any zoning ordinance applicable to such site shall not be invalidated for such reason. Section 3. That this Major Amendment to a Mixed Use Development Agreement is hereby approved. Section 4. This ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42431

AN ORDINANCE to approve and authorize an Agreement between the City of Omaha, a Municipal Corporation and Industrial/Organization Solutions, Inc. (d.b.a. 1/0 Solutions, IOS) for services involving the payment of money from appropriations in more than one year in accordance with Sections 5.16 and 5.17 of the Omaha Home Rule Charter of the City of Omaha, 1956, as amended; to provide for payment to Industrial/Organization Solutions, Inc. for completing Police and Fire Department entry level and promotional testing for a term of three (3) years with the anticipated cost of the testing to be one hundred forty-five thousand four hundred fifty-five dollars ($145,455) in year one, two hundred forty-one thousand three hundred thirty-five dollars ($241,335) in year two, and seventy-eight thousand seven hundred sixty-five dollars ($78,765) in year three, with the option of two one-year extensions; funds for this Agreement will be paid from the Human Resources Department, Fund No.11111, Organization No. 105011, Account No. 42235 (Personnel Testing); and to provide for an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Authority is hereby granted and approval hereby given for an Agreement between the City of Omaha and Industrial/Organization Solutions, Inc. for services involving the payment of money from appropriations of more than one year in accordance with Sections 5.16 and 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended. Industrial/Organization Solutions, Inc. (d.b.a. 1/0 Solutions, IOS) shall perform Police and Fire Department entry level and promotional testing in accordance with the terms and conditions of the Agreement annexed hereto and by this reference made a part of this Ordinance. Section 2. That it is anticipated the costs of services to be one hundred forty-five thousand four hundred fifty-five dollars ($145,455) in year one, two hundred forty-one thousand three hundred thirty-five dollars ($241,335) in year two, and seventy-eight thousand seven hundred sixty-five dollars ($78,765) in year three and that the City’s obligations under this Agreement attached hereto shall be provided from the Human Resources Department, Fund No.11111, Organization No. 105011, Account No. 42235 (Personnel Testing). Section 3. That the Mayor of the City of Omaha is hereby authorized to execute on behalf of the City of Omaha, and the City Clerk to attest the attached Agreement. Section 4. This Ordinance shall be in full force and take effect immediately upon passage under and by virtue of the authority granted by section 2.12 of the Home Rule Charter of the City of Omaha, 1956, as amended.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42432

AN ORDINANCE to accept the bid of Aramark Uniform Services to provide Linen, Towels (Laundered) -OFD for the Omaha Fire Department; the term of the agreement is for one year at a monthly cost of $2,500.00 for a total annual cost of $30,000.00 with the City of Omaha having the option to extend the agreement on a month-to-month basis for up to an additional 24-month period at no increase in cost; and to provide an effective date hereof. WHEREAS, Aramark Uniform Services submitted a bid of $2,500.00 per month for a total annual cost of $30,000.00 for one year with the City of Omaha having the option to extend it on a month-to-month basis for up to an additional 24-month period; and, WHEREAS, the bid of Aramark Uniform Services in the amount of $2,500.00 per month for a total annual cost of $30,000.00 was the lowest and best bid which met or exceeded specifications and is attached hereto and by this reference made a part hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the attached bid of Aramark Uniform Services, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha 1956 as amended, in the amount of $2,500.00 per month for a total annual cost of $30,000.00, in accordance with the attached specifications for Linen, Towels (Laundered) -OFD for the Omaha Fire Department, for one year with the City of Omaha having the option to extend it on a month-to-month basis for up to an additional 24-month period, is hereby accepted and the Mayor of the City of Omaha is authorized to execute any further agreement which may be necessary to implement such a bid. Section 2. That the City Finance Department is hereby authorized to make the payments contemplated by the accepted bid, with such sums to be paid from the appropriations for the Omaha Fire Department, Fund 11111, Organization 114516, Account 42217. Section 3. That this Ordinance, not being of a legislative character, shall be in full force and take effect on its date of passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42433

AN ORDINANCE to amend section 22-123 of Chapter 22 of the Omaha Municipal Code to modify the provisions relating to restarting the accrual of the supplemental pension benefit for those converting from a disability pension to a service retirement pension after they reach 65 where the conversion occurs January 1, 2021 or later; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Section 22-123 of the Omaha Municipal Code is hereby amended as follows:

Sec. 22-123. -Prior adjustments.

(a)  Persons covered by this article shall receive monthly supplemental retirement benefits in an amount calculated pursuant to the provisions of subsections (1) and (2) hereof, whichever is greater.  (1)  Such an amount as is necessary that when added to the initial pension amount will result in a total minimum monthly pension and supplemental retirement benefit of $175.00; provided that such minimum benefit does not apply to children receiving pension benefits.

  (2)  Such an amount calculated as follows:

 a.  Former police, fire, or civilian employee receiving service or disability retirement          pension prior to July 1, 1973. The amount of such pensions shall be increased by the percentage rate which represents the percentage increase in the cost of living as reflected in the Consumer Price Index from January 1 of the year immediately following retirement to January 1, 1973. Any such supplemental retirement benefit increase due shall commence on the first day of January of each year.

b.  Widows, widowers, or children receiving pension benefits by virtue of death of an active police, fire, or civilian employee prior to July 1, 197 3. The amount of such benefits shall be increased by the percentage rate which represents the percentage increase in the cost of living as reflected in the Consumer Price Index from January 1 of the year immediately following death of such employee to January 1, 1973. Any such supplemental retirement benefit increase due shall commence on the first day of January of each year.

c.  Widows, widowers, or children receiving pension benefits by virtue of death of a retired police, fire, or civilian employee prior to July 1, 197 3. The amount of such pension benefits shall be increased by the percentage rate which represents the percentage increase in the cost of living as reflected in the Consumer Price Index from January 1 of the year immediately following retirement of the deceased employee to January I, 1973.  Any such supplemental retirement benefit increase due shall commence on the first day                   of January of each year.

d. Widows, widowers, or children receiving pension benefits by virtue of death of a retired police, fire, or civilian employee subsequent to June 30, 1973, and prior to January 1, 1974. The amount of such pension benefits shall be increased by the percentage rate which represents the percentage increase in the cost of living as reflected in the Consumer Price Index from January I of the year immediately following retirement of the deceased employee to January 1, 1973. Any such supplemental retirement benefit         increase due shall commence on the first day of January of each year.

 e.  (1) Former civilian employees, widows, widowers or children receiving pension benefits on and after January 1, 1982 and before April 2, 1986. The amount of such pension             benefits shall be increased each year in addition to the above, if applicable, by the   percentage increase in the cost of living as reflected in the Consumer Price Index for the immediately preceding calendar year; but in no event shall the annual supplement to the pension benefits exceed an increase of five percent over the total amount of pension moneys received during the immediately preceding calendar year. However, no supplemental pension benefit shall be the subject of an increase during the period from January 1, 1983, through and including March 1, 1983; and effective April 1, 1983, through and including December 31, 1983, said adjustment shall be no more than four percent, and effective thereafter through April I, 1986 shall not exceed three percent.  These annual benefit increases shall be cumulative from year to year, and in no event shall said amount be less than a minimum of $15.00 per month or more than a maximum of $50.00 permonth. The minimum supplemental benefit of $15.00 provided for herein shall be in effect only for the period of time from January 1, 1983, through and including December 31, 1983. Any employee retiring on or after the effective date of the ordinance from which this section is derived shall commence receiving the appropriate supplemental pension benefit provided herein            only after 12 months shall have elapsed from and after the date that employee’s pension becomes effective. Thereafter, any such supplemental pension benefit increase due shall commence on the first day of January of each year.

(2)   Former fire employees, widows, widowers or children receiving pension benefits on and after January 1, 1982 and before May 3, 1995. The amount of such pension benefits shall be increased each year in addition to the above, if applicable, by the percentage increase in the cost of living as reflected in the Consumer Price Index for the immediately preceding calendar year; but in no event shall the annual supplement to the pension benefits exceed an increase of five percent over the total amount of pension moneys received during the immediately preceding calendar year. However, no supplemental pension benefit shall be the subject of an increase during the period from January 1, 1983, through and including March 1, 1983; and effective April 1, 1983, through and including December 31, 1983, said adjustment shall be no more than four percent, and  effective thereafter through May 2, 1995 shall not exceed three percent. These annual benefit increases shall be cumulative from year to year, and in no event shall said amount be less than a minimum of $15.00 per month or more than a maximum of $50.00 per month. The minimum supplemental benefit of $15.00 provided for herein shall be in effect only for the period of timefrom January 1, 1983, through and including December 31, 1983. Any employee retiring on or after the effective date of the ordinance from which this section is derived shall commence receiving the appropriate supplemental pension benefit provided herein only after 12 months  shall have elapsed from and after the date that employee’s pension becomes effective. Thereafter any such supplemental pension benefit increase due shall commence on the first day of January of each year, except that employees retiring on or after June 21, 1989 through and before May 3, 1995 shall commence receiving any supplemental pension benefit increase due on the           anniversary date of that employee’s pension effective date.

(3)  Former police employees, widows, widowers or children receiving pension benefits on and after  January 1, 1982 and before May 10, 1995. The amount of such pension benefits shall be  increased each year in addition to the above, if applicable, by the percentage increase in the cost of living as reflected in the Consumer Price Index for the immediately preceding calendar year;  but in no event shall the annual supplement to the pension benefits exceed an increase of five percent over the total amount of pension moneys received during the immediately preceding  calendar year. However, no supplemental pension benefit shall be the subject of an increase during the period from January 1, 1983, through and including March 1, 1983; and effective   April 1, 1983, through and including December 31, 1983, said adjustment shall be no more than  four percent, and effective thereafter through May 9, 1995 shall not exceed three percent. These annual benefit increases shall be cumulative from year to year, and in no event shall said amount  be less than a minimum of $15.00 per month or more than a maximum of $50.00 per month. The  minimum supplemental benefit of $15.00 provided for herein shall be in effect only for the period of time from January 1, 1983, through and including December 31, 1983. Any employee retiring on or after the effective date of the ordinance from which this section is derived shall  commence receiving the appropriate supplemental pension benefit provided herein only after 12 months shall have elapsed from and after the date that employee’s pension becomes effective.   Thereafter any such supplemental pension benefit increase due shall commence on the first day  of January of each year, except that employees retiring on or after June 21, 1989 through and  before May 10, 1995 shall commence receiving any supplemental pension benefit increase due  on the anniversary date of that employee’s pension effective date.

f. (1) Former civilian employees receiving pension benefits who retired on or after April 2, 1986  and on or before January 27, 1998 and widows, widowers, or children receiving benefits under section 22-36 by virtue of the death of such member. Any civilian member of the system who retired on or after April 2, 1986, and prior to and including January 27, 1998, or any widow, widower, or children receiving  benefits under section 22-36 by virtue of the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after five years shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental retirement benefit increase due shall commence on the first day of January of each year.

(2)  Former fire members receiving pension benefits who retired on or after May 3, 1995 but before   November 20, 2003 and widows, widowers, or children receiving benefits under sections 22-80, 22-81,   22-82 or 22-83 by virtue of the death of such member. Any fire member of the system who retired on or  after May 3, 1995, but before November 20, 2003 or any widow, widower, or children receiving benefits  under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member shall receive a  supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These  annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after three years shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension benefit increase due shall commence on the anniversary of the pension effective date.

(3)  Former police members receiving pension benefits who retired on or after May 10, 1995 and before  March 16, 2003 and widows, widowers, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member. Any police member of the system who retired on or after May 10, 1995, and before March 16, 2003 or any widow, widower, or children receiving benefits  under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These         annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after three years shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension benefit  increase due shall commence on the anniversary of the pension effective date.

(4) Former fire management members receiving pension benefits who retired on or after May 3, 1995 and before September 1, 2002 and widows, widowers, or children receiving benefits under sections 22-80 22-81, 22-82 or 22-83 by virtue of the death of such member. Any fire management member of the  system who retired on or after May 3, 1995 and before September 1, 2002, or any widow, widower, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such  member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such                  supplemental retirement benefit provided for in this section shall be granted only after three years shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension benefit increase due shall commence on the anniversary of the pension effective      date.

(5) Former police management members receiving pension benefits who retired on or after May JO, 1995 but before March 6, 2003 and widows, widowers, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member. Any police management member of the  system who retired on or after May 10, 1995 but before March 6, 2003, or any widow, widower, or  children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such  member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month,  whichever is less. These annual benefit increases shall be cumulative from year to year. Such                  supplemental retirement benefit provided for in this section shall be granted only after three years shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such  supplemental pension benefit increase due shall commence on the anniversary of the pension effective    date.

g. (1) Former fire members receiving pension benefits who retired on or after November 20, 2003 but  before July 1, 2005, and widows, widowers, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member. Any fire member of the system who retired on or after November 20, 2003 but before July 1, 2005, or any widow, widower, or children receiving  benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such supplemental retirement        benefit provided for in this section shall be granted only after 12 months shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension                benefit increase due shall commence on the anniversary of the pension effective date.

(2)  Former police members receiving pension benefits who retired on or after March 16, 2003 and widows, widowers, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member. Any police member of the system who retired on or after March 16, 2003 or any widow, widower, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of      the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after 12 months shall have elapsed from and after the date that member’s pension became effective. Thereafter,   any such supplemental pension benefit increase due shall commence on the anniversary of the pension effective date.

(3) Former police management members receiving pension benefits who retired on or after March 6, 2003 and widows, widowers, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member. Any police management member of the system who retired on or  after March 6, 2003, or any widow, widower, or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less·. These annual benefit increases shall be  cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after 12 months shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension benefit increase due shall commence on the        anniversary of the pension effective date.

(4)  Former fire management members receiving pension benefits who retired on or after September 1, 2002  but before January 1, 2005, and widows, widowers, or children receiving benefits under sections 22-80,  22-81, 22-82 or 22-83 by virtue of the death of such member. Any fire management employee of the  system who retired on or after September 1, 2002 but before January 1, 2005, or any widow, widower,  or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of such member shall receive a supplemental retirement benefit of three percent per year, or $50.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after 12 months shall  have elapsed from and after the date that member’s pension became effective. Thereafter, any such    supplemental pension benefit increase due shall commence on the anniversary of the pension effective   date.

h.  Former fire members and former fire management members receiving pension benefits who retired on or after July 1, 2005 but before July 1, 2006. Any fire member of the system or fire management member of the system who retired on or after July 1, 2005 but before July 1, 2006 shall receive a supplemental  retirement benefit of three percent per year, or $55.00 per month, whichever is less. These annual benefit increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after 12 months shall have elapsed from ad after the date that member’s  pension became effective. Thereafter, any such supplemental pension benefit increase due shall  commence on the anniversary of the pension effective date. The increase provided in this section, to  three percent per year, or $55.00 per month, whichever is less, from three percent per year, or $50.00 per month, whichever is less, shall not be provided to widows, widowers or children receiving benefits  under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of the fire members and fire management members referred to in this subsection and such widows, widowers and children shall  receive three percent per year, or $50.00 per month, whichever is less.

i.   Former fire members and former fire management members receiving pension benefits who retired on or  after July 1, 2006 but before July 1, 2007. Any fire member of the system or fire management member of the system who retired on or after July 1, 2006 but before July 1, 2007 shall receive a supplemental retirement benefit of three percent per year, or $60.00 per month, whichever is less. These annual benefit                 increases shall be cumulative from year to year. Such supplemental retirement benefit provided for in  this section shall be granted only after 12 months shall have elapsed from and after the date that member’s pension became effective. Thereafter, any such supplemental pension benefit increase due shall commence on the anniversary of the pension effective date. The increase provided in this section,     to three percent per year, or $60.00 per month, whichever is less, shall not be provided to widows,       widowers or children receiving benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of the fire members and fire management members referred to in this subsection and such widows, widowers and children shall receive three percent per year, or $50.00 per month, whichever is less.

j.   Former fire members or fire management members receiving pension benefits who retired on or after July 1, 2007. Any fire member of the system or fire management member of the system receiving  pension benefits who retired on or after July 1, 2007 shall receive a supplemental retirement benefit of three percent per year, or $65.00 per month, whichever is less. These annual benefit increases shall be               cumulative from year to year. Such supplemental retirement benefit provided for in this section shall be granted only after 12 months shall have elapsed from and after the date that member’s pension became       effective. Thereafter, any such supplemental pension benefit increase due shall commence on the anniversary of the pension effective date. The increase provided in this section, to three percent per year,  or $65.00 per month, whichever is less, shall not be provided to widows, widowers or children receiving       benefits under sections 22-80, 22-81, 22-82 or 22-83 by virtue of the death of the fire members and fire                   management members referred to in this subsection and such widows, widowers and children shall receive three percent per year, or $50.00 per month, whichever is less.

k.   Police members, police management members, and fire management members participating in DROP under section 22-77. Police members, police management members, and fire management members participating in DROP under section 22-77 shall receive a supplemental retirement benefit of three percent of the credit to the DROP account that would otherwise be paid as a pension payment for the year, or $50.00 per month for police and police management members, or $65.00 per month for fire management members, whichever is less. These benefit increases shall be cumulative from year to year.  Such supplemental retirement benefit shall be granted only after 12 months have elapsed from and after the date the DROP participation commences. Thereafter, any such supplemental pension benefit increase  due shall commence on the anniversary date of the DROP participation. Such supplemental pension  benefit increases shall be included in the notional DROP account and distributed with the lump sum  DROP account balance.

l.   Certain civilian retirees to receive lump sum cost-of-living payment. Any civilian retiree with ten or more years of membership service credit who has retired prior to January 1, 1990, shall receive a single               payment which is intended to offset the inflationary impact on that retiree’s pension. The single  adjustment and payment pursuant to this amendment shall be determined in accord with the retiree’s  years of membership credit and the period of time the retiree has been on retiree status. Each retiree who receives payment pursuant to this amendment shall receive a base payment of $375.00; in addition thereto for each five years of membership service credit commencing at the tenth through 14th year,  15th through 19th year, 20th through 24th year, 25th through 29th year, and for all years from and after the 30th year, the retiree shall receive an additional $30.00 for each five-year period of membership service credit set forth hereinabove. Additionally each retiree receiving payment pursuant to this  amendment shall receive an additional $60.00 for each five-year period during which the retiree was on retired status computed as follows:

1. 1981 through 1985;

2.  1976 through 1980;

3.  1971 through 1975;

4.  1966 through 1970;

5.  1961 through 1965; and

6.  On or before December 31, 1960.

The surviving spouse or child of any retiree who would have qualified for the benefit provided herein shall by virtue of this amendment receive one payment of$300.00 for each such spouse or child who has qualified for pension benefits.

m.  Obligation for payment of supplemental pension.

1.  The supplemental pension benefits identified and provided for in subsections (1), (2)a. through  e.(l), f.(l) and k. which are payable to former employees, widows, widowers or children who derive such benefits from the city civilian pension system shall, as of March 13, 1990, be an  obligation of the civilian pension system except as otherwise specified hereinbelow.

2.  Payment of supplemental pensions to retirees of the police and fire departments or their widows,                                      widowers, or children receiving benefits prior to June 21, 1989 pursuant to subsections (1) and (2)a. through d., e.(2) and e.(3) shall be paid by the city from its general fund and no portion  thereof shall be paid by the police and fire retirement system.

 3. Payment of supplemental pensions to retirees of the fire department or their widows, widowers,   or children receiving benefits on or after June 21, 1989 and on or before May 2, 1995 pursuant to  subsection e.(2) shall commence after 12 months and be paid by the city from its general fund for  the 13th through the 36th month and by the police and fire retirement system thereafter.

 4.  Payment of supplemental pensions to retirees of the police department or their widows, widowers, or children receiving benefits on or after June 21, 1989 and on or before May 9, 1995  pursuant to subsection e.(3) shall commence after 12 months and be paid by the city from its  general fund for the 13th through the 36th month and by the police and fire retirement system thereafter.

5. Payment of supplemental pensions to retirees of the fire department, except fire management, or  their widows, widowers, ·or children receiving benefits on or after May 3, 1995 and before November 20, 2003 pursuant to subsection f.(2) shall commence after 36 months and be paid by        the police and fire retirement system.

6.  Payment of supplemental pensions to retirees of the police department, except police management, or their widows, widowers, or children receiving benefits on or after May 10, 1995 and before March 16, 2003 pursuant to subsection f.(3) shall commence after 36 months and be  paid by the police and fire retirement system.

7.  Payment of supplemental pensions to fire management retirees of the fire department, or their  widows, widowers, or children receiving benefits on or after May 3, 1995 and before August 31, 2002 pursuant to subsection f.( 4) shall commence after 36 months and be paid by the police and fire retirement system.

8.  Payment of supplemental pensions to police management retirees of the police department, or their widows, widowers, or children receiving benefits on or after May 10, 1995 but before March 6, 2003 pursuant to subsection f.(5) shall commence after 36 months and be paid by the police and fire retirement system.

 9. Payment of supplemental pensions to retirees of the fire department or their widows, widowers,   or children receiving benefits on or after November 20, 2003, pursuant to subsections g.(l), h.(l),  i.(1), and j. shall commence after 12 months and be paid by the police and fire retirement system.

 10. Payment of supplemental pensions to retirees of the police department or their widows,   widowers, or children receiving benefits on or after March 16, 2003 pursuant to subsection g.(2)  shall commence after 12 months and be paid by the police and fire retirement system.

 11. Payment of supplemental pensions to police management retirees of the police department, or their widows, widowers, or children receiving benefits on or after March 6, 2003 pursuant to  subsection g.(3) shall commence after 12 months and be paid by the police and fire retirement  system.

 12. Payment of supplemental pensions to fire management retirees of the fire department, or their widows, widowers, or children receiving benefits on or after September 1, 2002 pursuant to  subsections g.( 4), h.(2), i.(2), and j. shall commence after 12 months and be paid by the police  and fire retirement system.

n. Effect of conversion on supplemental pension for those pensions that convert prior to January 1. 2021. A supplemental pension paid pursuant to this article and based on the amount of a disability pension paid pursuant to section 22-35 shall cease upon conversion to a service retirement pension at age 65 for those disability pensions which convert prior to January 1, 2021. Thereafter, such person’s supplemental pension shall be based upon the service retirement pension amount. For any person who has converted at age 65 from a disability retirement pension to a service retirement pension prior to January 1, 2021, completion of any waiting period required prior to the initiation of any supplemental benefit may be satisfied by years on disability pension, provided that nothing in this subsection shall be construed to provide supplemental pension benefits to any such person if a supplemental pension ordinance was not in effect on the effective date of the disability pension.

o. Effect of workers’ compensation or social security deduction on calculation of supplemental pension.  Any supplemental pension, based on a disability pension which is being reduced due to workers’  compensation benefits or social security benefits pursuant to section 22-35 or 22-89, shall be calculated  upon the net pension amount after workers’ compensation and/or social security benefits are deducted therefrom.

Section 2. That Section 22-123 of the Omaha Municipal Code as heretofore existing is hereby repealed. Section 3. That this Ordinance shall be in force and take effect fifteen (15) days from and after its date of passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

ORDINANCE NO. 42434

AN ORDINANCE to amend Sections 20-44 and 20-45 of the Omaha Municipal Code; to clarify vague language and provide a notice requirement before police make arrests or issue citations; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That Sec. 20-44 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 20-44. - Obstructing public roadways.

(a)  It shall be unlawful for any person purposely or knowingly to obstruct any highway, street or other public roadway, by rendering passage by others unreasonably inconvenient or hazardous, whether the obstruction arises from his or her acts alone or acting in concert with a group of others, without having a permit issued by the City or being otherwise exempted from the permit requirement by Sec. 20-                  293of this Code.

(b)  If conduct that would otherwise violate this section consists of speech, or gathering with others to hear or observe such speech, or of gathering with others to picket or otherwise engage in nonviolent expression, the actor must be informed that they are obstructing traffic and ordered to move or disperse, and be given reasonable time to comply with the order, prior to being subject to arrest or citation.

(1.)  The order required by this subsection may be given by a peace officer, a fireman, or a city code enforcement official.

(c)  No person shall be guilty under this section if:

(1)  No order was given;

(2)  An order, if given, was unreasonable in scope; or

(3)  An order, if given, was promptly obeyed.

(d)  If the conduct that would otherwise violate this section is committed by a person under 16 years of age, no arrest shall occur until the parent or guardian had been warned of the conduct, after which subsequent violation may result in arrest of such minor and/or their parent.

Section 2. That Sec. 20-45 of the Omaha Municipal Code is hereby amended to read as follows:

Sec. 20-45 -- Refusing Lawful Request to Move.

Except as provided in Sec. 20-44(a), it shall be unlawful for any person to purposely or knowingly to fail or refuse to obey a reasonable official request or order to move to:

a (1)  Prevent an obstruction of a highway, street or other public roadway; or

(2)  Maintain public safety by dispersing persons gathered in dangerous proximity to a fire or other                                         emergency.

b.   No person shall be guilty under this section if:

(1) An order, if given, was unreasonable in scope, or

(2) An order, if given, was promptly obeyed.

Section 3. That this Ordinance shall be in full force and take effect shall be in full force and take effect 15 days from and after the date of its passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk 

ORDINANCE NO. 42435

AN ORDINANCE to amend Chapter 12, Article Ill, entitled “Prevention of COVID-19,” Section 12-51 of the Omaha Municipal Code; to extend the sunset provision; and to provide the effective date thereof.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:

Section 1. That, as a result of the Novel Coronavirus (COVID-19) pandemic and with continued community transmission of confirmed COVID-19 cases within the City limits of the City of Omaha, a danger to the public health, safety, and welfare continues to exist within the City of Omaha. This ordinance seeks to extend the imposition a non-pharmaceutical intervention to combat the spread of COVID-19 and to halt the progression thereof.

Section 2. That Chapter 12, Article Ill, Section 12-51 of the Omaha Municipal Code is hereby amended as follows:

Sec. 12-51. - Sunset Provision.

The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on May 25, 2021, unless otherwise extended by ordinance of the City Council.

Section 3. The sections, subsections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses, or phrases of this Ordinance.

Section 4. This Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

First Reading January 26, 2021; Second Reading and Public Hearing February 2, 2021; Third Reading and Vote February 9, 2021

PASSED: February 9, 2021: 7-0

City of Omaha

Jean Stothert, Mayor                     

Elizabeth Butler, City Clerk

2/17

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Omaha, Nebraska
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