CITY OF OMAHA

Notice is hereby given that the City Council of the City of Omaha met on November 26, 2019 and passed and approved the ordinances entitled:

ORDINANCE NO. 42046

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 northeast of 132nd and Fort Streets from LC-Limited Commercial District to LC-Limited Commercial 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 1-3, Marvely, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from LC-Limited Commercial District to LC-Limited Commercial District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading November 5, 2019; Second Reading November 19, 2019; Third Reading, Public Hearing and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

––––––

ORDINANCE NO. 42047

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 northeast of 132nd and Fort Streets from LC-Limited Commercial District to DR-Development Reserve 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: Outlot A, Marvely, a subdivision as surveyed, platted and recorded in Doug-las County, Nebraska, is hereby rezoned from LC-Limited Commercial District to DR-Development Reserve District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading November 5, 2019; Second Reading November 19, 2019; Third Reading, Public Hearing and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

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ORDINANCE NO. 42048

AN ORDINANCE to amend the boundaries of the MCC-Major Commercial Corridor Overlay District, to incorporate into that district the property located northeast of 132nd and Fort Streets; and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-681 through 55-688 and 55-886 of the Omaha Municipal Code, the official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended so that: Lots 1-3 and Outlot A, Marvely, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are here-by rezoned to be included in and incorporated into the MCC-Major Commercial Corridor Overlay District; provided, that the base zoning district for such property shall not be changed by this ordinance. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading November 5, 2019; Second Reading November 19, 2019; Third Reading, Public Hearing and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

––––––

ORDINANCE NO. 42049

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 204th Street and West Center Road from AG-Agricultural District to MU-Mixed Use 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 1-5 and Outlots A-B, Town Center West, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from AG-Agricultural District to MU-Mixed Use District. Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

First Reading November 5, 2019; Second Reading November 19, 2019; Third Reading, Public Hearing and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

––––––

ORDINANCE NO. 42050

AN ORDINANCE to approve a Mixed Use District Development Agreement for property located northwest of 204th Street and West Center Road between the City of Omaha and 204th Street LLC attn.: Mark Allen, 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 that the property located northwest of 204th Street and West Center Road is developed in accordance with the provisions of the Mixed Use District 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 Mixed Use District Development Agreement is hereby approved. Section 4. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

First Reading November 5, 2019; Second Reading November 19, 2019; Third Reading, Public Hearing and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

––––––

ORDINANCE NO. 42051

AN ORDINANCE to amend Omaha Municipal Code sections 36-2, 36-156, 36-159, and 36-288; to prohibit parking in bicycle lanes, marked travel lanes of multi-lane roadways, and set the penalty amount for a violation of these prohibitions; to repeal sections 36-156, 36-159, and 36-288 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Omaha Municipal Code section 36-2 is hereby amended to read as follows: Sec. 36-2. - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them, as follows: Access aisle: That portion of a designated handicap parking area marked by horizontal, vertical, or diagonal striping or in’ any other conspicuous manner to allow the egress and ingress to a motor vehicle parked in the handicap parking area. Alley: A highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. Authorized emergency vehicle: Such fire department vehicles, police vehicles, and ambulances as are publicly owned. Bicycle: Every device propelled solely by human power upon which any person may ride, having two tandem wheels either of which is more than 14 inches in diameter. Bicycle lane: A bicycle lane is a portion of the roadway that has been designated by striping, signage, and/or pavement markings for the preferential or exclusive use of bicyclists. Boulevard: A street for non-commercial traffic, with full or partial control of access, usually located within a park or a ribbon of park-like development. Bus: A passenger-carrying motor vehicle licensed as a bus. Bus stop: A space adjacent to the curb re-served for the use of buses during the loading and unloading of passengers. Congested traffic district: All that portion of the city lying east of the west curbline of 24th Street between the north curbline of Cuming Street and the south curbline of Leavenworth Street; Military Avenue from the west curbline of 56th Street, west to the intersection with Maple Street, then northwest on Military Avenue to the north curb of Bedford Avenue; Maple Street from the intersection with Military Avenue at 61st Street west to the west curbline of 63rd Street; all that portion of the city lying south of the north curbline of L Street, east of the west curbline of 27th Street, west of the east curbline of 24th Street; and 24th Street from L Street south to the north curbline of Z Street. Connecting link: The roads, streets and highways designated as part of the highway system and which are within the corporate limits of the city. Cross walk: (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of such roadway measured from the curbs or, in the absence of curbs, from the edge of the roadway; or (b) Any portion of a roadway at an intersection or elsewhere distinctly designated by competent authority and marked for pedestrian crossing by lines, signs, or other devices. Daytime: That period of time between sunrise and sunset. Divided highway: A highway with separated roadways for traffic in opposite directions. Expressway: Any street having full or limited control of access and designated by official traffic signs as an expressway, a freeway or an interstate highway. Freeway: A divided highway designed primarily for through traffic with full control of access and with grade separations at all intersecting road crossings, including all interchanges and approach and exit roads thereto. Freight loading zone: A space adjacent to the curb for the exclusive use of vehicles during the loading or unloading of merchandise, materials or passengers. Highway: The entire width between the boundary limits of any street, road, avenue, boulevard or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Intersection: The area em-braced within the prolongation or connection of the lateral curb lines or, if there are no lateral curblines, then the lateral boundary lines of the roadways, of two or more roadways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict; provided that, where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a highway shall not constitute an intersection. Laned roadway: A roadway which is divided into two or more clearly marked lanes for vehicular traffic. Median: That part of a divided highway, such as a physical barrier or clearly indicated dividing section or space, so constructed as to impede vehicular traffic across or within such barrier, section, or space, or to divide such highway into two roadways for vehicular travel in opposite directions. Median crossover: A connection between roadways of a divided highway the use of which may permit a vehicle to reverse its direction by continuously moving forward. Median opening: A gap in a median provided for crossing and turning traffic. Motor vehicle: Every self-propelled land vehicle not operated upon rails, except mopeds and self-propelled invalid chairs. Motor-driven cycle: Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, as measured at the drive shaft, mopeds, and every bicycle with motor attached. Nighttime: That period of time between sunset and sunrise. Official time standard: Whenever certain hours are named in this chapter, they shall mean standard time or daylight saving time as may be in current use in this city. Official traffic control devices: All signs, signals, markings and devices, not inconsistent with this chapter, placed or erected by authority of the city for the purpose of regulating, warning or guiding traffic. One-way street: A street on which official traffic control devices are posted to indicate that vehicles are permitted to move in one direction only. Operator or driver: Any person who drives or is in actual physical control of a vehicle. Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Parking limit zones: A space adjacent to a curb in which vehicles may be parked for a period no longer than the time indicated on the sign. Parking meter: A mechanical device located at or near the curb or curbline, alongside of a parking space in the street or public way, or located alongside a parking space in an off-street parking area as designated in section 36-211, with a coin receptacle and so constructed as to register the time a vehicle is parked in such space. Passenger car: Any motor vehicle, except motorcycles and motor-driven cycles, designed for carrying ten passengers or less and used primarily for the transportation of persons. Passenger loading zone: A space adjacent to the curb reserved for the exclusive use of vehicles during the expeditious loading or unloading of passengers. Pedestrian: Any person afoot. Period of insufficient light: Nighttime and all other times when atmospheric conditions are such that there is insufficient light to reveal a person or an object of comparable size or larger at a distance of 1,000 feet. Person: Every natural person, firm, partnership, association or corporation. Police officer: Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Private road or driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. Public works director: The director of the public works department of the city. Right-of-way: The right of one vehicle or pedestrian to proceed in a lawful manner in preference to an-other vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. Roadway: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term “roadway” shall refer to any such roadway separately but not to all such road-ways collectively. Sidewalk: That part of the street right-of-way between the curb and the adjacent property line, or, where no curb exists, that part of the street right-of-way between the lateral line of the right-of-way improved for vehicle use and the adjacent property line. Snowmobile: A self-propelled motor vehicle designed to travel on snow or ice or a natural terrain steered by wheels, skis or runners and propelled by a belt-driven track with or without steel cleats. Stop: When required, a complete cessation of movement. Stop or stopping: When prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device. Street: A public way for the purpose of vehicular and pedestrian travel in the city, and shall include the entire area within the right-of-way. Taxicab: A motor vehicle with a permit from the state railway commission to operate as a taxicab, and which complies with chapter 38 of this Code. Taxicab stand: A space adjacent to the curb or a street or elsewhere, which has been designated and reserved exclusively for the use of taxicabs. Traffic: Pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel. Traffic control device: Any sign, signal, marking or other device not inconsistent with R.R.S. 1943, §§ 39-601-39-6,122, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic. Traffic control signal: Any signal, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. Trailer: Any vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Truck: Any motor vehicle designed, used or maintained primarily for the transportation of property. Truck loading zone: A space adjacent to a curb reserved for the exclusive use of trucks during the loading or unloading of freight, materials, goods, wares, merchandise or things. Truck-tractor: Any motor vehicle designed and primarily used for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks. Section 2. Omaha Municipal Code section 36-156 is hereby amended to read as follows: Sec. 36-156. - Stopping, standing or parking prohibit-ed in specified places. It shall be unlawful for the driver of a vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal: (a) Within an intersection; (b) On a crosswalk; (c) Be-tween a safety zone and the adjacent curb or within 15 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings; (d) Within 30 feet from the inter-section of curblines or, if none, then within 30 feet of the intersection of property lines, except at alleys, unless a different length is indicated by official signs or markings; (e) Within 15 feet of the driveway entrance to any fire station; (f) Within 15 feet of a fire hydrant on the streets where parallel parking is allowed and within 15 feet of a fire hydrant on streets where diagonal parking is allowed, except that, when the permission of the city traffic engineer is given, taxicabs may park in fire hydrant zones designated by him when the driver remains at the wheel; (g) In front of a private driveway, or within three feet of the point where a private driveway meets the street; (h) On a sidewalk except when a permit or lease is granted for the use of such area; (i) Alongside of or opposite any street excavation or obstruction, when such stopping, standing or parking would obstruct traffic; (j) On the roadway side of any vehicle stopped or parked at the curb or edge of a street, commonly known as double parking; (k) At any place where official traffic signs prohibit parking, stopping or standing; (l) Upon any bridge or viaduct or overpass or underpass or upon any median, except that, if any type of parking zone is designated, such regulations shall govern; (m) Along or within a designated fire lane; (n) Within a marked bicycle lane. Section 3. Omaha Municipal Code section 36-159 is hereby amended to read as follows: Sec. 36-159. - Obstructing traffic. (a) No per-son shall park any vehicle upon a street, other than an alley, in such a manner of under such conditions as to leave available Jess than ten feet of the width of the roadway for free movement of vehicular traffic. (b) On any roadway which has width greater than 30 feet, no person shall park any part of a vehicle within five feet of the center line of a roadway unless the city traffic engineer shall designate by signs or markings that a different area is to be kept clear of parked vehicles. (c) No person shall park any vehicle within a marked travel lane of a multi-lane roadway, unless at least ten feet can be provided in that travel lane or signs are posted allowing parking within the marked travel lane at certain times of the day. Section 4. Omaha Municipal Code section 36-288 is hereby amended to read as follows: Sec. 36-288 - Enforcement and penalty. (a) Prosecution of a violation of any provision of this chapter or of any parking violation shall be handled by the office of the city prosecutor. (b) .The violation of any offense listed in the attached Table 36-288 shall be punished by a fine as listed for such offense in such Table 36-288. For each such fine, $9.00 of such fine shall constitute an administrative fee to defray the city’s costs associated with parking enforcement, subject to any adjustments under this section. The remainder of such fine shall constitute a penalty. (c) The total amount of a fine for an offense listed in Table 36-288 shall be reduced by $6.00 if paid with-in 48 hours of the time of citation. The total amount of a fine for an offense listed in Table 36-288 shall be in-creased by $20.00 if not paid within 30 days of the date of the citation. Such increases and decreases shall have the effect of increasing or decreasing the administrative fee component of the fines. (d) The city may conduct studies on a periodic basis to consider adjustments to the fines provided under this section. TABLE 36-288 Fine Expired Meter $16.00 Prohibited by Sign 16.00 Prohibited by Sign-No Parking Anytime 16.00 Park Time Limited-Sign 16.00 Extending Parking Time Meter 16.00 Prohibited Place 16.00 Blocking Sidewalk 16.00 Parked in Two Stalls 16.00 Freight Loading Zone 16.00 Parking On/Over curb 16.00 Over Foot From Curb 16.00 Parked Within Three Feet of Driveway 16.00 Parking in Alley/Less Than Ten Feet Available 16.00 Non-Emergency Repair 16.00 Obstructing Traffic Parked 32.00 Vehicles Lined Up in Street 32.00 Dead Storage on Street 16.00 Stop Park Adjacent to School 16.00 Parked on Narrow Street 16.00 Park Near Hazardous Place 16.00 Park Restriction 16.00 Park Emergency Snow Route 48.00 Used Vehicle for Advertising 32.00 Passenger Loading Zone 16.00 Truck Loading Zone 16.00 Taxi Parking Only 16.00 Parking in Bus Stop 32.00 Slug/Deposit in Meter 32.00 Facing Wrong Direction 16.00 Expired Plates 100.00 Street Sweeping 16.00 Fire Hydrant Within 15 Feet 32.00 Compact Vehicle Only 16.00 Back in Parking Only 16.00 Parked Within 30 Feet From Stop Sign 16.00 Not Parked Parallel 16.00 Blocking HDCP Ramp 48.00 No Plate Not in Transit 100.00 Government Parking Only 16.00 Park 30 Feet From Intersection 16.00 Blocking Crosswalk 16.00 Trailer Parked on Street-Not Attached to vehicle 16.00 Parked Within 15 Feet of Fire Station Driveway 32.00 Angle Parking by Sign 16.00 Parked on One-Way Road 16.00 Stop Park Congested Street 16.00 Stop Park Railroad Track 32.00 Sell From Vehicle on Street 32.00 Snow Removal Zone General 48.00 Loading Zone No Permit 16.00 Failure to Process Coin 16.00 Food Truck-No Permit 48.00 Food Truck-Not Parked Parallel 16.00 Food Truck-Generator on Right-of-Way 16.00 Oversized Vehicle Parked on Street 16.00 Stop Park in Bicycle Lane 32.00 Section 5. Omaha Municipal Code sections 36-156, 36-159, and 36-288 as heretofore existing, are hereby repealed. Section 6. This ordinance shall be in full force and take effect 15 days from and after the date of its passage.

First Reading November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

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ORDINANCE NO. 42052

AN ORDINANCE vacating that part of the North 49th Street right-of-way lying within the SE 1/4 of the NE 1/4 of Section 18, T16N, R13E of the 6th P.M., Douglas County, Nebraska, adjacent to the part of Lot 12, Block 11, Cloverdale, a subdivision in said Douglas County, described as follows, beginning at the SW corner of said Lot 12; thence N00°13’57”E (assumed bearing) 78.67 feet on the west line of said Lot 12 to the south line of Saddle Creek Road; thence N68°00’31”W 10.88 feet on the south line of Saddle Creek Road; thence S56°06’43”W 9.54 feet to a point 18.00 feet west of the west line of said Lot 12; thence S00°13’57”W 87.38 feet on a line 18.00 feet west of and parallel with the west line of said Lot 12 to a point on the westerly extension of the centerline of the vacated alley adjacent to the south line of said Lot 12; thence S89°50’44”E 18.00 feet on the westerly extension of the center line of said vacated alley to a point on the southerly extension of the west line of said Lot 12; thence N00°13’57”E 10.00 feet on the southerly extension of the west line of said Lot 12 to the point of beginning, as surveyed, platted and recorded in Douglas County; and providing the effective date hereof. WHEREAS, Neb. Rev. Stat. Section 14-375 provides that the City Council may vacate a street or alley without petition upon City Planning Board recommendation; and, WHEREAS, the Statute further provides that a Committee of Appraisers be appointed to appraise damages, if any, to property affected by the vacation; and, WHEREAS, Resolution No. 666 adopted June 25, 2019, appointed Vinny Palermo, Rich Pahls, and Pete Festersen members of the City Council, to assess damages to all property affected by the vacation; and, WHEREAS, on October 1, 2019, the Committee of Appraisers held a meeting immediately following the 10:30 a.m. staff meeting in the City Council Conference Room, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, at which meeting no cause for any damages was found as a result of the vacation; and, WHEREAS, the City Council finds there are no damages as a result of this vacation, and that such vacation should be approved; and, WHEREAS, Fair Market Value has been determined and paid as required for the conveyance of the right-of-way to be vacated. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That part of the North 49th Street right-of-way lying within the SE 1/4 of the NE 1/4 of Section 18, T16N, R13E of the 6th P.M., Douglas County, Nebraska, adjacent to the part of Lot 12, Block 11, Cloverdale, a subdivision in said Douglas County, described as follows, beginning at the SW corner of said Lot 12; thence N00°13’57”E (assumed bearing) 78.67 feet on the west line of said Lot 12 to the south line of Saddle Creek Road; thence N68°00’31”W 10.88 feet on the south line of Saddle Creek Road; thence S56°06’43”W 9.54 feet to a point 18.00 feet west of the west line of said Lot 12; thence S00°13’57”W 87.38 feet on a line 18.00 feet west of and parallel with the west line of said Lot 12 to a point on the westerly extension of the centerline of the vacated alley adjacent to the south line of said Lot 12; thence S89°50’44”E 18.00 feet on the westerly extension of the center line of said vacated alley to a point on the southerly extension of the west line of said Lot 12; thence N00°13’57”E 10.00 feet on the southerly extension of the west line of said Lot 12 to the point of beginning, as surveyed, platted and recorded in Douglas County; be, and hereby is, vacated and without further act of the City, title to the vacated right-6fway shall pass to the abutting owner of said property thereof; the vacating of the property herein described, and the reversion thereof, pursuant to applicable law, shall be subject to the conditions and limitation that there is reserved to the City of Omaha the right to maintain, operate, repair and renew sewers now existing therein and in the future to construct, maintain, repair and renew additional or other sewers; and also the right to authorize the public utilities and cable television systems to construct, maintain, repair or renew and operate now or hereafter installed water mains and gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines and other similar services and equipment and appurtenances above, on and below the surface of the ground for the purpose of serving the general public or abutting property; and the right so reserved shall also include such lateral connection or branch lines as may be ordered, desired or permitted by the City or such other utility and to enter upon the premises to accomplish the above purposes at any and all times. No buildings, improvements, or other structures shall be placed in, on, over, or across said vacated right-of-way without express written approval of the City. All vegetation upon the premises, including but not limited to, trees, bushes, and crops, and all structures upon the premises, including but not limited to, buildings, walls, fences, drives and walks, may be damaged or removed as necessary in the exercise of the rights herein reserved without compensation to any person. Section 2. That the property be divided as such; title of the entire portion of the North 49th Street right-of-way lying within the SE 1 /4 of the NE 1/4 of Section 18, T16N, R13E of the 6th P.M., Douglas County, Nebraska, adjacent to the part of Lot 12, Block 11, Cloverdale, a subdivision in said Douglas County, described as follows, beginning at the SW corner of said Lot 12; thence N00°13’57”E (assumed bearing) 78.67 feet on the west line of said Lot 12 to the south line of Saddle Creek Road; thence N68°00’31 ‘W 10.88 feet on the south line of Saddle Creek Road; thence S56°06’43”W~9.54 feet to a point 18.00 feet west of the west line of said Lot 12; thence S00°13’57”W 87.38 feet on a line 18.00 feet west of and parallel with the west line of said Lot 12 to a point on the westerly extension of the centerline of the vacated alley adjacent to the south line of said Lot 12; thence S89°50’44”E 18.00 feet on the westerly extension of the center line of said vacated alley to a point on the southerly extension of the west line of said Lot 12; thence N00°13’57”E 10. 00 feet on the southerly extension of the west line of said Lot 12 to the point of beginning, will be passed to the abutting property owner of X Street LLC. Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from and after the date of its passage.

First Reading November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

––––––

ORDINANCE NO. 42053

AN ORDINANCE (1) to approve an agreement between the City of Omaha and Region 6 Behavioral Healthcare in the amount of fifteen thousand dollars ($15,000); and (2) to authorize funding for such agreement from the City of Omaha’s FY 2018 Justice and Mental Health Collaboration Program (JMHCP) Grant, Award #2018-MO-BX-0004, awarded by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for quarterly data gathering from Heartland Crisis Intervention Team (CIT) partner agencies as part of the CIT Project; to authorize payment from such grant funding and 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 1. That, as recommended by the Mayor, the agreement between the City of Omaha and Region 6 Behavioral Healthcare in the amount of fifteen thousand dollars ($15,000), budgeted from the FY 2018 Justice and Mental Health Collaboration Program (JMHCP) Grant, Award #2018-MO-BX-0004, awarded by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; to provide funding for quarterly data gathering from Heartland Crisis Intervention Team (CIT) partner agencies as part of the CIT Project, is hereby approved. Section 2. That, the terms of the agreement shall extend through the award period of January 1, 2019 to December 31, 2021 commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined in the attached budget, from such grant funds and involving appropriations of more than one year, are hereby authorized and the Finance Director is authorized to make payment in accordance therewith. Section 3. That, there is a total match of $155,592 with this grant award. The Omaha Community Foundation will provide a match of $30,000, the First Responders Foundation will provide a match of $75,000, Metropolitan Community College will provide an in-kind match of $36,000, the Nebraska Humane Society will provide an in-kind match of $3,600, the University of Nebraska at Omaha will provide an in-kind match of $3,600, and Douglas County Department of Corrections will provide an in-kind match of $7,632. 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 November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

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ORDINANCE NO. 42054

AN ORDINANCE to approve the acceptance of and authorize the disbursement from the FY 2019 State Home-land Security Grant (SHSG) Award #EMW-2019-SS-00090-S01, and budget in the amount of six hundred and forty-one thousand nine hundred and eight dollars ($641,908) from the Nebraska Emergency Management Agency (NEMA), during the award period of September 1, 2019 through August 31, 2022, to provide first responder and emergency management agencies in Douglas, Sarpy, and Washington Counties with enhanced capabilities to prevent, protect against, mitigate, respond to, and recover from manmade threats and natural disasters; to authorize payment from such grant funding and 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 1. That, as recommended by the Mayor, the acceptance of and disbursement from the FY 2019 State Homeland Security Grant (SHSG), Award #EMW-2019-SS-00090-S01, and budget in the amount of six hundred and forty-one thousand nine hundred and eight dollars ($641,908) from the Nebraska Emergency Management Agency, during the award period of September 1, 2019 through August 31, 2022, to provide first responder and emergency management agencies in Douglas, Sarpy, and Washington Counties with enhanced capabilities to prevent, protect against, mitigate, respond to, and recover from manmade threats and natural disasters is hereby approved. A copy of such grant award notification, special conditions, and project work plan are attached and by this reference made a part hereof. Section 2. That, the grant period extends from September 1, 2019 through August 31, 2022, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, expenditures as outlined in the attached budget, from such grant funds and involving appropriations of more than one year, are hereby authorized and the Finance Director is authorized to make payment in accordance therewith. Section 3. That, there is no match required with this grant. Section 6. That this ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage.

First Reading November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 7-0
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk 

12-4-19

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ORDINANCE NO. 42055

AN ORDINANCE to amend Omaha Municipal Code Chapter 2, Article IV, Division 2, entitled “Mayor,” by amending Omaha Municipal Code Section 2-71 to establish the salary for the Mayor of the City of Omaha for the years 2023 through 2026; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Chapter 2, Article IV, Division 2 of the Omaha Municipal Code, entitled “Mayor,” Section 2-71 - “Compensation,” is amended as follows: Sec. 2-71. - Compensation. (a) The annual salary of the mayor of the city shall be $110,369.00 effective January 1, 2013; $102,312.00 effective January 1, 2014 through December 31, 2018; $104,358.00 effective January 1, 2019; $106,445.00 effective January 1, 2020; $108,574.00 effective January 1, 2021; and $110,746.00 effective January 1, 2022; $114,068.00 effective January 1, 2023; $117,490.00 effective January 1, 2024; $121,015.00 effective January 1, 2025: and $124,645.00 effective January 1, 2026. (b) The compensation of the mayor shall be reviewed and recommendation for adjustments made to the city council in the same manner specified by section 2-21 of this Code for review and recommendation regarding compensation of city councilmembers. Section 2. 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 3. That this Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

First Reading November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 4-3
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

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ORDINANCE NO. 42056

AN ORDINANCE to amend Omaha Municipal Code Chapter 2, Article II, Division 1, entitled “Generally,” by amending Omaha Municipal Code Section 2-21 to establish the salary for Councilmembers of the City of Omaha for the years 2023 through 2026; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Chapter 2, Article II, Division 1 of the Omaha Municipal Code, entitled “Generally,” Section 2-21 - “Compensation of councilmembers,” is amended as follows: Sec. 2-21. - Compensation of councilmembers. (a) The annual salary of each councilmember of the city shall be $37,378.00 effective January 1, 2014 through December 31, 2018; $38,126.00 effective January 1, 2019; $38,888.00 effective January 1, 2020; $39,666.00 effective January 1, 2021; and $40,459.00 effective January 1, 2022; $41,673.00 effective January 1, 2023; $42,923.00 effective January 1, 2024; $44.211.00 effective January 1, 2025; and $45,537.00 effective January 1, 2026, provided that in all cases the annual salary of the council president shall exceed the salary applicable to all other councilmembers by the maximum amount permitted in section 2.07 of the Home Rule Charter, as it may be amended from time to time. Section 2. 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 3. That this Ordinance shall be in full force and take effect 15 days from and after the date of its passage.

First Reading November 5, 2019; Second Reading and Public Hearing November 19, 2019; Third Reading and Vote November 26, 2019

PASSED: November 26, 2019: 4-3
City of Omaha
Jean Stothert, Mayor
Elizabeth Butler, City Clerk

12-4-19

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AGENDA
CITY OF OMAHA PLUMBING BOARD
WEDNESDAY, DECEMBER 11, 2019
PUBLIC HEARING – 1:30 PM
3RD FLOOR – JESSE LOWE CONFERENCE ROOM
OMAHA/DOUGLAS CIVIC CENTER
1819 FARNAM STREET

APPROVAL OF MEETING MINUTES

Section 49-204 Request for approval to miss November 2019 Journeyman Plumber exam with no penalties or fees with previously approved accommodations.

Section 49-533 Request for approval of residential well waiver; 5701 N 230 St

Section 49-216 Request for reinstatement of expired Sewer Layer license

Section 49-722 Request for approval of unisex restrooms; 8505 Madison St

Section 49-218 Request for approval of continuing education course

APPROVAL OF APPRENTICESHIP

AGREEMENTS

DISCUSSION

NOTE: All requests for sign language interpreters (signers) will require a minimum of 48 hours advance notice.  If necessary, contact the Board Secretary at (402) 444-5150 ext. 2062.

The Plumbing Board reserves the right to amend the above agenda.  The Plumbing Board agenda and other information regarding the Plumbing Board and Planning Department are available on the Internet at http://www.cityofomaha.org/planning/boards/plumbing-board. Agendas available on the Internet are subject to change and are for convenience purposes only.  A copy of the official agenda, kept continually current, shall be available for public inspection at the office of the Omaha Planning Department, 1819 Farnam Street, Suite 1110, Omaha, Nebraska, during normal business hours.

Prior to the hearing, the applicant may schedule a time to review the City’s case file during normal business hours by contacting the Board Secretary at 402-444-5150 ext. 2062.  If an alternative (audio version) to this agenda is necessary, please notify the Board Secretary at 402-444-5150 ext. 2062, 72 hours in advance.

James H Wonder,
Administrator
City of Omaha Plumbing Board

12-4-19

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