SPECIAL ORDINANCE NO. 10245
AN ORDINANCE levying a special tax assessment for cutting and clearing weeds, grass and worthless vegetation in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha. WHEREAS, it having been and being hereby adjudged, determined and established that several lots and pieces of real estate, hereafter referred to, have each been specially benefited to the full amount herein levied and assessed against each of said lots and pieces of real estate respectively, by reason of cutting and clearing weeds, grass and worthless vegetation thereon, by the City of Omaha. THEREFORE, for the purpose of paying the incurred cost of weed, grass and worthless vegetation cutting work. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That said cost of weeds, grass and worthless vegetation cutting work by the City of Omaha during the interim date, January 1, 2018 through December 31, 2018, on Group No. 2019-06, said cost being the sum of seven thousand two hundred twenty nine dollars ($7,229.00), be and the same hereby is levied and assessed in proportion and according to incurred costs and special benefits by reason of said improvement upon the following described lots and real estate within the City of Omaha, as shown by the generally recognized maps, plats and records on file in the office of the City Engineer of the City, said cost being so levied on said lots and real estate, respectively, as set forth as follows: Section 2. That said special taxes levied aforesaid on said lots, respectively, shall become delinquent per the "Monetary Table for Assessing" as follows:
MONETARY TABLE FOR ASSESSING
Amount of Assessment No. of Years Principal Payment Each Year
$1.00 to $499.99 Total to be paid within 50 days
$500.00 to $999.99 2 1/2
$1000.00 to $1499.99 3 1/3
$1500.00 to $1999.99 4 1/4
$2000.00 to $2499.99 5 1/5
$2500.00 to $2999.99 6 1/6
$3000.00 to $3499.99 7 1/7
$3500.00 to $3999.99 8 1/8
$4000.00 to $4499.99 9 1/9
$4500.00 and above 10 1/10
Each of said installments, except the first, shall draw interest at the rate of 5% per annum from the time of the levy aforesaid until the same shall become delinquent. Where the individual assessment is Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less the total amount shall become delinquent fifty (50) days from and after the passage and approval of this Ordinance. Interest at the rate of fourteen percent per annum, as provided by State law, payable in advance shall be paid on each delinquent installment or on each delinquent assessment of Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less. Section 3. That the entire amount of tax so levied and assessed on any of said lots or pieces of real estate may be paid by the owners thereof or by any person within fifty (50) days from said levy and thereupon said lots or parts of lots shall be exempt from lien or charge thereto. Section 4. This Ordinance shall be in full force and take effect fifteen (15) days from and after its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
SPECIAL ORDINANCE NO. 10246
AN ORDINANCE levying a special tax assessment for litter removal in accordance with Sections 18-21 through 18-30 of the Omaha Municipal Code on certain lots in the City of Omaha. WHEREAS, it having been and being hereby adjudged, determined and established that several lots and pieces of real estate, hereafter referred to, have each been specially benefited to the full amount herein levied and assessed against each of said lots and pieces of real estate respectively, by reason of litter removal thereon, by the City of Omaha. THEREFORE, for the purpose of paying the incurred cost of litter removal work. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That said cost of litter removal work by the City of Omaha during the interim date, January 1, 2018 through December 31, 2018, on Group No. 2019-07, said cost being the sum of thirty thousand two hundred sixty-eight dollars ($30,268.00), be and the same hereby is levied and assessed in proportion and according to incurred costs and special benefits by reason of said improvement upon the following described lots and real estate within the City of Omaha, as shown by the generally recognized maps, plats and records on file in the office of the City Engineer of the City, said cost being so levied on said lots and real estate, respectively, as set forth as follows: Section 2. That said special taxes levied aforesaid on said lots, respectively, shall become delinquent per the "Monetary Table for Assessing" as follows:
MONETARY TABLE FOR ASSESSING
Amount of Assessment No. of Years Principal Payment Each Year
$1.00 to $499.99 Total to be paid within 50 days
$500.00 to $999.99 2 1/2
$1000.00 to $1499.99 3 1/3
$1500.00 to $1999.99 4 1/4
$2000.00 to $2499.99 5 1/5
$2500.00 to $2999.99 6 1/6
$3000.00 to $3499.99 7 1/7
$3500.00 to $3999.99 8 1/8
$4000.00 to $4499.99 9 1/9
$4500.00 and above 10 1/10
Each of said installments, except the first, shall draw interest at the rate of 5% per annum from the time of the levy aforesaid until the same shall become delinquent. Where the individual assessment is Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less the total amount shall become delinquent fifty (50) days from and after the passage and approval of this Ordinance. Interest at the rate of fourteen percent per annum, as provided by State law, payable in advance shall be paid on each delinquent installment or on each delinquent assessment of Four Hundred Ninety Nine and 99/100 Dollars ($499.99) or less. Section 3. That the entire amount of tax so levied and assessed on any of said lots or pieces of real estate may be paid by the owners thereof or by any person within fifty (50) days from said levy and thereupon said lots or parts of lots shall be exempt from lien or charge thereto. Section 4. This Ordinance shall be in full force and take effect fifteen (15) days from and after its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
CITY OF OMAHA
 
Notice is hereby given that the City Council of the City of Omaha met on April 9, 2019 and passed and approved the ordinances entitled:
 
ORDINANCE NO. 41774
AN ORDINANCE to approve a PUR-Planned Unit Redevelopment Overlay District in a R7-Medium-Density Multiple-Family Residential District located at 1007 Park Avenue, to approve the Development Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. In accordance with Sections 55-595 through 55-600 of the Omaha Municipal Code, a PUR-Planned Unit Redevelopment Overlay District and the Development Plan, attached hereto and made a part hereof, are hereby approved, for the following described land in Douglas County, Nebraska: Courtyard on Park, Lots 1-12 and Outlots "A"-"B", a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Section 2. The proposed Development Plan has been reviewed and evaluated pursuant to, and meets each of, the site plan criteria set forth in Section 55-885 of the Omaha Municipal Code. Section 3. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
 
First Reading March 19, 2019; Second Reading April 2, 2019; Third Reading, Public Hearing and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41775
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 southwest of 180th Street and Purple Martin Parkway from AG-Agricultural District to R4- Single-Family Residential District (High Density). 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 thru 102 and Outlots A thru C, Wood brook, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District to R4-Single-Family Residential District (High Density). Section 2. This Ordinance s hall be in full force and effect fifteen (15) days from the date of its passage.
 
First Reading March 19, 2019; Second Reading April 2, 2019; Third Reading, Public Hearing and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41776
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 northwest of Spence Drive and Harrison Street from AG-Agricultural District and DR-Development Reserve to R4-Single-Family Residential District (High Density). 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: Lots I thru 258 and Outlots A thru I, Harrison 210, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District and DR-Development Reserve to R4-Single-Family Residential District (High Density). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.
 
First Reading March 19, 2019; Second Reading April 2, 2019; Third Reading, Public Hearing and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41777
AN ORDINANCE declaring the necessity of acquiring, for use by the City of Omaha, the necessary private property for the purpose of constructing the Elkhorn WWTF Decommissioning and Interceptor Sewer Extension project identified as OPW 52982; 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 the Elkhorn WWTF Decommissioning and Interceptor Sewer Extension project identified as OPW 52982; 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 March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41778
AN ORDINANCE approving a redevelopment and Tax Increment Financing (TIF) Redevelopment Agreement between the City of Omaha and Design Development, LLC, a Nebraska limited liability company, to implement the Forty9Place Tax Increment Financing (TIF) Redevelopment Project Plan for a redevelopment project site located at 209 South 49th Street, which proposes the new construction of a row house development containing nine residential units, each with a two-stall garage, in a three-story structure; the agreement authorizes the use of up to $883,105.00, plus accrued interest, in excess ad valorem taxes (TIF) generated by the development to help fund the cost of the project, and provides for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA; Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the attached Redevelopment Agreement between the City of Omaha and Design Development, LLC, a Nebraska limited liability company, to authorize the use of up to $883,105.00, plus accrued interest, to offset TIF eligible costs such as acquisition, site work, foundation removals, architectural and engineering fees, and public improvements as required, for a project with total estimated costs of $5,010,541.00; including any other documents in connection with the Redevelopment Agreement necessary or appropriate to consummate the loan. Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not otherwise obligations of the City of Omaha. Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41783
AN ORDINANCE approving an Agreement for the sale of City-owned real property; to provide that notwithstanding any provisions of the Omaha Municipal Code to the contrary, the City is authorized to enter into the attached Real Estate Purchase Agreement with Carver Financial Innovation Center, LLC, a Nebraska Limited Liability Company, 2414 Lake Street, Omaha, NE 68110, to convey the property described in the attached agreement, located at 2414-2416 Lake Street and 2410 Lake Street and is part of the North Omaha Community Development Plan and the North Omaha Village Revitalization Plan also located within the associated development and is made pursuant to the Nebraska Community Development Law and conforms to all rules and regulations for the Community Development Block Grant program, in consideration of the sum of One Hundred Fifteen Thousand and 00/100 Dollars ($115,000.00) which will be deposited into the Community Development Block Grant, Fund 12186, Organization No. 128072, costs incurred not to exceed $500.00 will be paid from Community Development Block Grant, Fund 12186, Organization No. 128072, Project No. 5424, Task 10.1666, Award 10053; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Notwithstanding any portion of the Omaha Municipal Code to the contrary, the attached Real Estate Purchase Agreement with Carver Financial Innovation Center, LLC, a Nebraska Limited Liability Company is hereby approved and the Mayor is hereby authorized to execute, and the City Clerk to attest, any documents necessary or appropriate to convey the property described in the attached agreement, in consideration of the sum of One Hundred Fifteen Thousand and 00/100 Dollars ($115,000.00). 2414-2416 Lake Street Lot Eight (8), Block Four (4), Patrick Place, an addition to the City of Omaha, in Douglas County, Nebraska. 2410 Lake Street Lot Seven (7), Block Four (4), Patrick Place, an addition to the City of Omaha, in Douglas County, Nebraska. Section 2. Upon completion of the conditions in the attached Agreement, the Mayor of the City of Omaha is hereby authorized and empowered to execute a Special Warranty Deed to said property, and the City Clerk to attest the same, to Carver Financial Innovation Center, LLC, a Nebraska Limited Liability Company. Section 3. That this Ordinance, not being legislative in character, shall take effect upon the date of its passage in accord with Section 2.12 of the Omaha Municipal Code.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
 
ORDINANCE NO. 41779
AN ORDINANCE (1) to approve a professional services agreement between the City of Omaha and Patrick Rowland in the amount of twenty-seven thousand dollars ($27,000); and (2) to authorize funding for such agreement from the City of Omaha's FY 2018 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods) Grant, Award #2018- GP-BX-0012; to provide funding for one (1) PSN Director of Operations; involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section I. That, as recommended by the Mayor, the agreement between the City of Omaha and Patrick Rowland in the amount of twenty-seven thousand, dollars ($27,000), budgeted from the U.S Department of Justice, Office of Justice Programs, Bureau of Justice Assistance FY 2018 Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods) Grant, Award #2018-GP-BX-0012 to provide funding for one (1) PSN Director of Operations, is hereby approved. Section 2. That, the agreement extends from March 18, 2019 to September 30, 2020, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached agreement, from such grant funds and involving appropriations of more than one year, are hereby approved and that the Finance Director is authorized to make payment in accordance therewith. Section 3. That there is no match with this grant award. Section 4. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41780
AN ORDINANCE to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Grant Accountant with a salary range of 14.2 MC ($54,016 to $65,922); to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Due to the length of the affected Ordinance, Omaha City Council Rule VII(B) requiring amending ordinances to recite the entire section is hereby waived solely for the purposes of this Ordinance and only the lined out material to be deleted and the underlined material to be added shall be recited herein. Section 2. That Part A Classifications - Civilian Management, subpart Finance (02) of Section 23-177 of the Omaha Municipal Code is hereby amended by adding the classification entitled Grant Accountant, Code Number 0395, pay range 14.2 MC which has a salary range of $54,016 to $65,922, as follows: Code No. 0395 Class Title Grant Accountant Pay Range 14.2MC Section 3. Section 23-177 of the Omaha Municipal Code, as heretofore existing is hereby repealed. Section 4. This Ordinance, being legislative in character, and in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, shall be in full force and take effect fifteen (15) days following the date of its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41781
AN ORDINANCE to amend Section 23-177 of the Omaha Municipal Code concerning employment classifications by adding the employment classification entitled Quality Assurance Supervisor with a salary range of 22.1 MC ($74,142 to $90,491); to repeal Section 23-177 as heretofore existing; and to provide the effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Due to the length of the affected Ordinance, Omaha City Council Rule VII(B) requiring amending ordinances to recite the entire section is hereby waived solely for the purposes of this Ordinance and only the lined out material to be deleted and the underlined material to be added shall be recited herein. Section 2. That Part A Classifications - Civilian Management, subpart Labor Supervision (14) of Section 23-177 of the Omaha Municipal Code is hereby amended by ad ding the classification entitled Quality Assurance Supervisor, Code Number 2255, pay range 22.1 MC which has a salary range of $74,142 to $90,491, as follows: Code No. 2255 Class Title Quality Assurance Supervisor Pay Range 22.1MC Section 3. Section 23-177 of the Omaha Municipal Code, as heretofore existing is hereby repealed. Section 4. This Ordinance, being legislative in character, and in accordance with Section 2.12 of the Home Rule Charter of the City of Omaha, shall be in full force and take effect fifteen (15) days following the date of its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41782
AN ORDINANCE to approve exercising both one-year options in an Agreement between the City of Omaha, Municipal Corporation, and AOT Public Safety Corporation, a Maryland corporation; the Agreement was for a five-year term and was approved on November 4, 2014 by Ordinance No. 40172; and AOT Public Safety Corporation provided billing and collection services for intrusion/fire alarm registrations, false alarm billings, and monitoring company fines and fee billings; to authorize the Finance Director to make payments in conformance with the Agreement from General Fund 11111, Organization 119014, Account 42239; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That authority hereby is granted and approval hereby given for the exercise of the two one-year options contained in the Agreement between the City of Omaha and AOT Public Safety Corporation, a Maryland corporation, for billing and collection services for intrusion/fire alarm registrations, false alarm billings, and monitoring company fines and fee billings which the Agreement was originally approved on November 4, 2014 by Ordinance No. 40172. Section 2. That the Mayor is authorized to execute and the City Clerk to attest, on behalf of the City of Omaha, any paperwork necessary to exercise the options with AOT Public Safety Corporation, a Maryland corporation. Such funds to be paid from General Fund 11111, Organization 119014, Account 42239. Section 3. As the Ordinance not being legislative in character shall be in full force and take effect immediately after its passage.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
ORDINANCE NO. 41784
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ARTICLE I FINDINGS AND DETERMINATIONS The Mayor and Council of the City of Omaha hereby find and determine: (a) the City of Omaha Public Facilities Corporation, a nonprofit corporation organized under Nebraska law (the "Corporation"), has been established for the purpose of assisting the City of Omaha, Nebraska (the "City") in the (i) acquisition, construction, improving, furnishing and equipping of improvements and additions to public buildings and (ii) the acquisition of equipment and vehicles for the benefit of the City; and (b) the City has acquired or wishes to acquire, police radio communication equipment, a fire station alerting system, a vehicle for the mayor's office and a library radio frequency identification system, for the benefit of, and to assist the City of Omaha Police Department, the City of Omaha Fire Department, the City of Omaha Mayor's Office and the City of Omaha Public Library system, all of such departments which shall use and operate such equipment and vehicle in the furtherance of their duties to the City (collectively, the "New Money Project"); and ( c) the Corporation is willing (i) to issue its lease revenue bonds in the aggregate principal amount of approximately $1,825,000 (the "New Money Bonds") on behalf of the City, the proceeds of which New Money Bonds will be used, in part, to acquire, improve, furnish and equip the New Money Project and (ii) to lease the New Money Project to the City; and (d) the Corporation previously has issued on behalf of the City its $4,235,000 aggregate principal amount of Lease Revenue Bonds (Omaha Library Project) Series 2007 A, of which $2,320,000 remains outstanding (the "Series 2007 A Library Bonds"); and (e) the Corporation previously has issued on behalf of the City its $7,255,000 aggregate principal amount of Lease Revenue Bonds (Omaha Library and Equipment Project) Series 2008A, of which $4,290,000 remains outstanding (the "Series 2008A Library and Equipment Bonds"); and (f) the Corporation previously has issued on behalf of the City its $5,160,000 aggregate principal amount of Lease Revenue Bonds (Omaha Technology and Forestry Equipment Project) Series 2011, of which $665,000 remains outstanding (the "Series 2011 Technology and Forestry Bonds"); and (g) to realize interest cost savings, the City finds it necessary and desirable that all of the remaining outstanding amounts of the (i) Series 2007 A Library Bonds which were used to finance the acquisition, construction, furnishing and equipping of capital improvements for A.V. Sorensen Public Library and South Omaha Public Library, City-owned public library facilities (the "Library Project") (ii) Series 2008A Library and Equipment Bonds which were used to finance the acquisition, construction, furnishing and equipping of capital improvements for certain library facilities located at the Saddlebrook School Library and Community Center, a City-owned public library facility (the "Library and Equipment Project"); and (iii) Series 2011 Technology and Forestry Bonds which were used to finance the acquisition of certain computer and forestry equipment (the "Technology and Forestry Project" and together with the Library Project and the Library and Equipment Project, the "Projects"), be refunded and called for redemption in advance of the respective maturities thereof; and (h) the City intends that certain parcels of real estate leased or owned by the City, being the Library Project site and the Library and Equipment Project site, all within the geographical boundaries of the City and to be legally described in separate Site Leases, constitute a part of and be the location of the Library Project site and the Library and Equipment Project site, respectively; and (i) the Corporation is willing (i) to issue its lease revenue refunding bonds in the aggregate principal amount of approximately $7,600,000 (the "Refunding Bonds" and together with the New Money Bonds, the "Bonds") to refund and redeem (on a current refunding basis) the Series 2007A Library Bonds in the aggregate principal amount of $2,320,000, the Series 2008A Library and Equipment Bonds in the aggregate principal amount of $4,290,000, and the Series 2011 Technology and Forestry Bonds in the aggregate principal amount of $665,000 (collectively, the "Refunded Bonds") and (ii) to lease the Library Project, the Library and Equipment Project and the Technology and Forestry Project to the City; and (j) the City and the Corporation, pursuant to Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended (the "Home Rule Charter"), contemplate (i) entering into an Amended and Restated Site Lease Agreement (the "Library Project Site Lease"), whereby the Corporation will lease the Library Project site from the City, (ii) entering into an Amended and Restated Site Lease Agreement (the "Library and Equipment Project Site Lease" and together with the Library Project Site Lease, the "Site Leases"), whereby the Corporation will lease the Library and Equipment Project site from the City, (iii) entering into the Bill of Sale (the "Bill of Sale") pursuant to which the City will sell ·the equipment and vehicle which comprise the New Money Project to the Corporation and (iv) entering into a Lease-Purchase Agreement (the "Agreement") whereby the City will lease the Library Project, the Library and Equipment Project, the Technology and Forestry Project and the New Money Project from the Corporation and pay as rental payments the amounts necessary timely to discharge the indebtedness created by the Corporation's issuance of the Bonds; and (k) the Corporation is willing to enter into an Indenture of Trust (the "Indenture") with First National Bank of Omaha, as trustee and paying agent (the "Trustee"), setting forth the maturities, interest rates and other terms and conditions of the Bonds, and providing for (i) the application of the proceeds of the New Money Bonds to the costs of the New Money Project and (ii) the application of the proceeds of the Refunding Bonds to the redemption of the Refunded Bonds; and (1) under applicable Internal Revenue Service rulings, approval by the City Council of the issuance of the Bonds by the Corporation is required in order that the interest on the Bonds qualify for exclusion from gross income of the holders for the purpose of federal income taxation; and (m) the Corporation has requested D.A. Davidson & Co. (the "Underwriter") to underwrite the Bonds; and (n) the City has determined that it is in its best interest that the Corporation issue the Bonds and apply the proceeds thereof to (i) acquiring the New Money Project and (ii) refunding and redeeming the Refunded Bonds and that it is necessary for the City to enter into the Agreement, the Site Leases, and the Bill of Sale, approve the Indenture and satisfy certain requirements of federal income tax law in order that the interest on the Bonds shall be excluded from gross income of the holders thereof for federal income tax purposes. ARTICLE II AUTHORIZATIONS AND APPROVALS Section 11.1. The previous formation of the Corporation is hereby acknowledged, approved and ratified by the City Council, and the Corporation is requested and authorized to do that which is necessary and appropriate in order that the Corporation may issue the Bonds on behalf of the City for the purpose of (i) acquiring the New Money Project, (ii) refunding and· redeeming the Refunded Bonds and (iii) paying costs of issuance of the Bonds. Section 11.2. The Agreement is hereby authorized and approved in accordance with the provisions of Section 5.17 of the Home Rule Charter, and the Mayor of the City shall execute the Agreement by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit A, subject to such changes, insertions and omissions and fillingsin of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 11.3. The Site Leases are hereby authorized and approved, and the Mayor of the City shall execute the Site Leases by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit B, Subject to such changes, insertions and omissions and fillingsin of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 11.4. The Bill of Sale is hereby authorized and approved, and the Mayor of the City shall execute the Bill of Sale by and on behalf of the City, with the official seal of the City impressed or imprinted thereon and attested by the City Clerk, in substantially the form presented to the City Council and attached hereto as Exhibit C, subject to such changes, insertions and omissions and fillingsin of blanks as shall have been approved by the City officials executing the same pursuant to this Section. Section 11.5. The Indenture in substantially the form presented to the City Council and attached hereto as Exhibit D, is hereby authorized and approved. Section 11.6. Payment by the City of the leasepurchase rental amounts from time to time respectively due under and pursuant to the Agreement is hereby authorized and directed. Section II. 7. The City Finance Director (or the City Comptroller if the Finance Director is unable for any reason to exercise such authority) is authorized and directed to approve on behalf of the City, subject to the provisions of this Ordinance, the Corporation's designation and establishment of the following terms 'in connection with each series of the Bonds: (1) the aggregate principal amount of the Bonds to be issued, not exceeding the aggregate principal amounts set forth in Article I, paragraphs (c) and (i), (2) the years in which a principal maturity of the Bonds shall occur and the principal amount of the Bonds to mature in each of such years, maturing on such dates as he or she may determine in each year, (3) the date of final maturity of the Bonds, which shall in no event be later than June 1, 2031, (4) the date or dates upon which the Bonds shall be sold, (5) the rate or rates of interest to be carried by each maturity of the Bonds, such that the true interest cost of the Bonds shall not exceed 4.00% per annum, (6) the first interest payment date for each series of the Bonds, (7) the purchase price for each series of the Bonds, which shall be no less than 96% of the principal amount thereof (including an underwriter discount of not to exceed 0.70%), and (8) all other terms of the Bonds not otherwise determined or fixed by the provisions of this Ordinance. Section 11.8. The issuance and delivery by the Corporation of the Bonds is subject to final written approval of the terms of the Bonds by the City Finance Director, as provided by Section 2.7, in an Award Certificate delivered by the City. Section 11.9. The Mayor, City Clerk and Finance Director (or any officer of the City authorized to act in the capacity of Mayor, City Clerk or Finance Director) are hereby authorized and directed punctually to execute such instruments, certificates and documents as may be necessary and appropriate and to do all acts and things required therein by the terms, covenants, provisions and agreements of this Ordinance, the Bonds, the Agreement, the Site Leases, the Bill of Sale, and the Indenture. The officers, employees and agents of the City are hereby authorized and directed to do all acts and things necessary to carry into effect the provisions of this Ordinance. Section 11.10. The Corporation is hereby requested to issue the Refunding Bonds and to apply a portion of the proceeds of the Refunding Bonds to the redemption of said bonds in accordance with their terms. Section 11.11. The City will accept delivery of full legal and unencumbered title (or possession, as the case may be) to the New Money Project, the Library Project, the Library and Equipment Project and the Technology and Forestry Project not later than the term set forth in the Agreement. ARTICLE III EFFECTIVE DATE This Ordinance shall be in full force and effect on the date of its passage, this Ordinance not being legislative in character and immediate effectiveness being within the provisions of Section 2.12 of the Home Rule Charter.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 7-0
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______
 
 
ORDINANCE NO. 41767
AN ORDINANCE to adopt a new Article II of Chapter 48 of the Omaha Municipal Code, entitled "Rental Property Registration and Inspection"; to provide for the required registration of all residential rental properties; to provide for a program of annual or ten-year inspections of all residential rental properties; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The Omaha Municipal Code is amended by adding a new Article II to Chapter 48, consisting of new sections 48-201 through 48-209, reading as follows: Article II. Rental Property Registration and Inspection. Sec. 48-201. - Findings and purpose. (a) The city council makes the following findings: (1) A significant portion of residential rental properties within the city are not being properly maintained as required under this Code. Residential rental properties comprise a disproportionate number of property maintenance cases for the code enforcement section of the planning department. Repeat offenders also comprise a disproportionate number of the cases. Recent cases involving severe violations and resulting vacation orders have illuminated these problems. (2) Residential rental properties pose unique problems for the enforcement of property maintenance rules. Contributing to these problems are: the transitory nature and inexperience of the tenants; tenant reluctance or fear to complain about housing conditions; lack of attention by non-occupying owners; and difficulties in identifying, and holding accountable, owners or local representatives of owners. (3) There is an increasing need to properly identify and contact owners and local representatives of owners of residential rental properties in violation of the code. Enrollment of a rental property in the registration program will help the city establish the location of rental properties and rental dwellings, and develop rental inventory information for future planning purposes. This will help the city to gauge fluctuations in the number of rental dwellings over time, which will help plan for its growth or reduction, and manage situations like the foreclosure crisis. (4) There is also an increasing need for the regular inspection of all residential 36 rental properties, phased in accordance with their history of code violations. (5) Code violations and deteriorating conditions of residential rental properties are harmful to the health and welfare of the city and its citizens, particularly the occupants of such properties. Such violations and conditions negatively impact the appearance, health, safety, and property tax base of the city. (6) Said problems may be addressed by the requirement of registration of all residential rental properties. They may also be addressed by the implementation of a regular inspection, phased in accordance with the history of code violations on the property. They may also be addressed by the education of owners and tenants, regarding property maintenance and rental rights and duties. (7) Similar programs have been implemented in other cities, with success in addressing similar problems. (8) The fees set forth in this article are reasonable in amount, and are based on and do not exceed the city's related cost of implementing the programs provided in this article. (b) Based on the foregoing, the city council has determined that it is necessary, desirable, appropriate and in the public interest to implement uniform residential rental property registration, and a regular inspection program that is phased in accordance with the history of code violations on each property. The purpose of these programs is to address the issue of substandard rental properties, promote greater compliance with health and safety standards, and preserve the quality of the city's neighborhoods and available housing. The programs are expected to achieve greater compliance with health, safety, and welfare Code provisions, the violation of which are a threat to the occupants' safety, structural integrity of the building, and a negative impact on the surrounding neighborhoods. The intent of these programs includes (1) promoting the health, safety, and welfare of the persons living in and near residential rental properties; (2) preserving the existing housing supply in neighborhoods; (3) helping to maintain property values for the city's tax base; (4) working toward preventing or eliminating substandard and deteriorating rental housing; and (5) maintaining a living environment that contributes to healthful individual and family living. Sec. 48-202. - Applicability. This article applies to all rental properties within the corporate limits of the city or within the city's three-mile extraterritorial jurisdiction. Sec. 48-203. - Definitions. For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other terms used in this article and not expressly defined herein, but defined elsewhere in this Code, shall have the meaning as set forth in the Code, unless otherwise provided by the context. "Annual inspection" shall mean the inspection required under this article on an annual basis. "Code" or "this Code" shall mean the Omaha Municipal Code. "Code official" shall mean the structural superintendent of the permits and inspections division of the planning department, or his or her authorized designees. "Inspection" shall mean an on-site examination of a rental property or rental dwelling under this article. "IPMC" shall mean the International Property Maintenance Code, published by the International Code Council (ICC}, as from time to time adopted, amended, or superseded by the City, and as incorporated in chapter 48 of this Code. The terms of the IPMC are incorporated herein by this reference. "Person" shall mean any individual, corporation, partnership, limited liability company, trust or any other entity or association. "Property manager" shall mean a person responsible for the management of the rental property other than the property owner. A property manager shall be deemed to be an agent to act on behalf of and bind the property owner in all matters arising out of or under this article, except to the extent such authority shall be expressly limited as provided in writing to the code official. "Property owner" shall mean any person holding legal title to a rental property as recorded with the Douglas County register of deeds, or otherwise having control of the rental property as heir, assignee, guardian, conservator, receiver, trustee, executor, administrator or other similar representative capacity of any such person or his or her estate, to the extent proof of such control is presented to the satisfaction of the code official; provided, however, that the term property owner does not include any person whose only interest in a rental property is as a tenant pursuant to a lease. "Registration," or "register," shall mean the filing of a registration of a rental property, with the permits and inspections division of the city, as required by this article. "Rental dwelling" shall mean one or more rooms for lease in an enclosed structure arranged, designed, and intended for use as a residence or living quarters for shelter, cooking, eating, sanitation and/or sleeping by one or more persons who are not its owners for a duration longer than 30 days and contained within a rental property as defined herein. In the case of a building containing multiple rental dwellings, each separately identifiable unit for lease shall constitute a rental dwelling separate from all other rental dwellings. For purposes of this article only, this definition of a rental dwelling shall not include assisted living, convalescent services, and hotels and motels, as defined by chapter 55 of this Code. "Rental property" shall mean a lot or other parcel of real property with a separate and distinct number or other designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the county register of deeds, and which contains one or more rental dwellings leased or available for lease for occupancy. "Ten-year inspection" shall mean the inspection required under this article once every ten years. "Transfer" shall mean when a property owner sells, gives or disposes ownership interest of all or any part of a rental property to any other person; or when ownership of all or any part of a rental property is in any other manner voluntarily or involuntarily transferred or conveyed to any other person. Sec. 48-204. - Registration. (a) Registration required. It shall be unlawful for any person to offer for lease, lease, or continue to lease a rental dwelling to any other person unless the rental property containing the rental dwelling has been registered as such under this article with the permits and inspections division. (b) Duration of registration. A registration under this article shall be in effect until the property owner transfers the rental property. (c) Ongoing compliance required. To maintain a registration in effect requires ongoing compliance with applicable requirements of this article and other laws, rules and regulations during the duration of the registration, including ongoing compliance with the IPMC and other requirements that are the subject of periodic inspections hereunder or under other applicable laws, rules, or regulations. Any deficiency or failure to comply shall be subject to such actions, orders, rights and remedies of the code official as set forth in this article, the IPMC or other applicable laws, rules or regulations as enacted or amended from time to time, up to and including issuance of notices or orders under chapter 48 or other applicable chapters of this Code, charges, and issuance or assessment of citations, fines, penalties and/or criminal prosecutions, all of which shall be carried out in accordance with applicable law. Sec. 48-205. - Registration application. (a) Filing. An application for the registration for a rental property shall be fi led with the permits and inspections division of the city. (b) Deadlines. (1) Registration for a rental property newly completed or converted to a rental property after the effective date of this article shall be filed prior to the issuance of a final certificate of occupancy or final building code approval, except as further allowed by subsection (b)(2) below. Registration for a rental property newly converted to a rental property after the effective date of this article shall be filed prior to residential occupancy, except as further allowed by subsection (b)(2) below. (2) During the first year that this article is in effect, all rental properties requiring registration shall be duly registered within 90 days of the effective date of this article. (3) In the event that any of the information in the registration application changes, the property owner shall file a revised registration application containing the change, within 30 days after the change becomes effective. (4) In the event a property owner transfers a rental property, and the subject property remains a rental property, the new property owner shall file a properly completed application for a new registration of that rental property within 30 days after the transfer. The new property owner shall take all actions as and when required to renew the registration and maintain it in effect, including paying any fees and other amounts specified in this article. A registration shall not be transferred from one rental property or dwelling to another. (c) Application form. Application for registration shall be made on such application form and in such manner as determined from time to time by the code official and include the following information: (1) Name, street address, telephone number, e-mail address (if applicable), and identification of the type of entity, if any, of the property owner of the rental property; (2) If different than subsection (c)(1) above, name, street address, telephone number, e-mail address (if applicable), and identification of the type of entity, if any, of the local property manager of the rental property; (3) Name, street address, telephone number, and e-mail address (if applicable) of any other alternate contact person acting on behalf of the property owner; (4) Identity of the rental property, including parcel number, physical street address or addresses, and full mailing address if different; (5) Number of separate rental dwelling units on the rental property; (6) Such other information as the code official from time to time determines necessary in accordance with the purpose and intent of this article. (d) Fees. There shall be no fee for the filing of a registration application. (e) Certificate. Upon compliance with the registration requirements of this article, the permits and inspections division shall issue a certificate of registration for the rental property applied for. Sec. 48-206. Inspection program. (a) The following rental properties shall be subject to the city's annual inspection program, shall be placed on the city's annual inspection list, and shall be inspected on an annual basis, commencing immediately after placement on such list: ( 1) A rental property which has or has had a code violation that was the subject of a notice of violation within the three years prior to the effective date of this article, and was not remedied within the time period allowed in the notice of violation and any time extension granted under chapter 48 of this Code. (2) A rental property with a code violation that was not remedied within the time period allowed in the notice of violation and any time extension granted under chapter 48 of this Code. (3) A rental property for which registration is required, but is not registered in a timely manner as required by section 48-205 of this Code. (b) Any rental property which is not placed on the annual inspection list shall be placed on a ten-year inspection list. A rental property on the ten-year inspection list shall be subject to periodic inspection under this article once during the ten year period commencing on the effective date of this article, and shall be subject to periodic inspection once every ten years thereafter. (c) The code official shall schedule the first required annual inspection of a rental property as soon as is practicable. The code official shall thereafter schedule annual and ten-year inspections as required by this section. At least fourteen days advance written notice of the date and time of an inspection shall be provided to the property owner and tenant. The notice shall include a sample inspection checklist and a form for the tenant to sign to consent to entry of the rental dwelling, if desired. If either the owner or tenant of the relevant rental dwelling refuses to consent to an inspection, the code official may obtain a warrant or other court order for the inspection in accordance with applicable law, including, but not limited to, Neb. Rev. Stat. sections 29-830 et seq. The city shall not penalize any tenant for a refusal of inspection. The city shall not penalize the property owner or property manager if the tenant refuses to consent. In the event that an inspection is not conducted because a warrant or other court order cannot be obtained, the owner, manager, and tenant of the rental property shall not be penalized by reason of such failure. (d) If a rental property to be inspected contains single-family or duplex rental dwelling units, all such single-family and duplex rental dwelling units shall be inspected. If a rental property to be inspected contains multi-family rental dwelling units, the code official may inspect a reasonably representative sample of at least 15% of such rental dwelling units, in lieu of inspecting all of such units. ln the event that more than 20% of the multi-family rental dwelling units actually inspected are found to have any code violations, then all remaining rental dwelling units on the rental property shall be inspected. (e) A rental property on the annual inspection list shall be inspected on an annual basis every year, commencing immediately after being placed on such list. A rental property on the ten-year inspection list shall be inspected once every ten years, commencing upon its placement on the ten-year inspection list after the effective date of this article. All inspections shall be performed by the code official, or his or her delegate, or by the code enforcement division under the general supervision of the code official. An inspection will be conducted to determine if the rental property satisfies all applicable requirements of the IPMC and other building-related codes or ordinances adopted or amended from time to time by the city for the health, safety, and welfare of the persons living in and near rental dwellings. The code official shall be authorized to take such actions as the code official determines necessary or appropriate to implement, administer and carry out the inspection requirements of this article, including, but not limited to, scheduling inspections for the efficient use of city resources. (f) lf any code violation is found during an inspection under this article, the code official shall issue to the property owner a notice of violation and any other appropriate order under chapter 48 of this Code. The property owner shall be required to remedy the code violation within the time period set forth in the notice of violation. (g) To offset the cost of inspections under this article, the property owner of a rental property shall pay to the city the following fees: (1) $125 for each annual inspection or ten-year inspection of each separate rental dwelling or rental dwelling unit under this article; (2) $125 for each failure of the property owner or property manager to appear or allow entry at a rental property or dwelling for an inspection duly scheduled under this section, or to reschedule a missed scheduled inspection within seven calendar days of the scheduled date, unless such failure to inspect was due to the tenant's refusal to consent. (h) A rental property on the annual inspection list may be removed from the annual inspection list and be placed on the ten-year inspection list if the rental property meets the following conditions: (1) The rental property has not had any code violation within the two immediately preceding years; and, (2) The property owner successfully completes a rental property ownership education course approved by the code official. (i) Inspections provided under this article shall be in addition and supplemental to any other inspection or access authorized under applicable law. Inspections may also be conducted at other times as the code official determines necessary, including inspections initiated because of a complaint or other means outside of the inspection program of this article. Sec. 48-207. Education program. (a) Upon registration of a rental property under this article, the code official will provide to the property owner and property manager a packet of educational information regarding rental property ownership. The packet shall include at least the following items, which shall be prepared by the code official: (1) Tenant's rights form, a copy of which shall be given to each tenant upon signing a written lease or otherwise commencing a lease relationship; (2) Checklist of items that are common subjects of inspections; (3) List of most common code violations; (4) List of items appropriate for self-inspection by the property owner or property manager; and (5) Example or copy of the sign required by subsection (b) below to be posted in each rental dwelling. (b) The property owner or property manager shall post in each rental dwelling a durable sign, at least 120 square inches in size and in a conspicuous location, stating (1) the phone number of the property owner or property manager for the rental dwelling, and (2) the phone number of the city code enforcement division. Sec. 48-208. Enforcement and appeal. It shall be unlawful for any person to violate any provision of this article. Violations of this article may be prosecuted pursuant to section 48-53, or pursuant to any other criminal or civil process provided by law or equity. All rights and remedies provided in this article shall be nonexclusive and cumulative of all other rights and remedies available at law or in equity, including, but not limited to, chapter 48 of this Code and the IPMC. Any person aggrieved by any decision or order by the city under this article may appeal the same to the property maintenance appeals board in the manner provided in chapter 48 of this Code. Sec. 48-209. Severability. If any section, sentence, clause, phrase, word or other portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this article. Section 2. This Ordinance shall be in full force and take on January 1, 2020.
 
First Reading March 19, 2019; Second Reading and Public Hearing April 2, 2019; Third Reading and Vote April 9, 2019
 
PASSED: April 9, 2019: 4-3
City of Omaha
Jean Stothert, 
Mayor 
Elizabeth Butler, 
City Clerk
 
4-17-19
______