RES 2014-0811 - Indie 5K and 10K runs designated as special event o ,H, NF _. t ;- Public Works Department
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City of Omaha ". r Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
The purpose of the attached Resolution is to notify the State of Nebraska that the City accepts the
duties imposed by Section 39-1359 R.R.S. Neb., as amended by Legislative Bill 589 and agrees
to indemnify and hold the State of Nebraska harmless against claims arising out of the temporary
use of State Highway 64 (Maple Street) from 58th Street to 63rd Street on July 5, 2014 between
the hours of 7:00 a.m. and 11:00 a.m. for the Indie 5K & 10K Runs.
The Indie 5K & 10K Runs will be held solely within Omaha City Limits. This event is not
sponsored by the City; the event sponsor is the Benson Improvement District (Gary Meyer, Run
Organizer). The Benson Improvement District has provided insurance coverage naming the City
as an additional insured to cover the statutory liability which the City agrees to accept by passage
of this Resolution.
Your favorable consideration is requested.
Respectfully submitted, Referred to City Council for Consideration
—/7 /y � _ ctO1 o IL
Robe G. Stubbe, P.E. Date Mayor's Office/Title Date
Public Works Director
2014-12mpg
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: JO
WHEREAS, the Benson Improvements District (Gary Meyer, Run Organizer) desires to hold an
event called the Indie 5K& 10K Runs on July 5, 2014, utilizing State Highway 64 (Maple Street)'from 58th Street
to 63rd Street.
WHEREAS,the entire route is within the city limits of the City of Omaha;and,
WHEREAS, the City is not a co-sponsor of such Indie 5K & 10K Runs but officially designates
on behalf of the City of Omaha the Indie 5K & 10K Runs as a special event under Legislative Bill 589 and NEB.
REV.STAT. §39-1359 R.R.S.2008;and,
WHEREAS, Section 39-1359 R.R.S. Neb. 2008 was amended on May 24, 2011, by Legislative
Bill 589 to provide that a temporary use of a state highway system, including full and partial lane restrictions,can be
made for a special event where the roadway is located in the zoning jurisdiction of a city, if such city through formal
action of its governing body acknowledges and accepts the duties set forth in subsection(2)of Section 39-1359 and
indemnifies and holds the State of Nebraska harmless against claims made arising out of the special event and
provides thirty(30)days advance notice to the State of Nebraska;and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, pursuant to Section 39-1359 R.R.S. Neb. 2008, as amended by Legislative Bill 589 on
May 24, 2011, the City of Omaha officially designates the Indie 5K & 10K Runs as a special event under LB 589
and NEB. REV. STAT. §39-1359 R.R.S. 2008 and hereby notifies the State of Nebraska that it accepts the duties
imposed by such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless the State
of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that
may arise as a result of the special event and the temporary use of State Highway 64 (Maple Street) from 58th Street
to 63`d Street within Omaha City Limits on July 5, between the hours of 7:00 a.m. and 11:00 a.m., for the entire
route of the event,the Indie 5K& 10K Runs.
2014-11mpg APPROVED AS TO FORM:
CITY ATTORNEY DATE
4tbigle
B ,
By
Councilmember
Adopted — 1 2014
City Clerk 7/17
Approv �Q� tX-Eirk
NO. ,:�,J/
Resolution by
Res. that pursuant to Section 39-1359 R.R.S.
Neb. 2008, as amended by Legislative Bill
589 on May 24, 2011, the City of Omahami""
officially designates the Indie 5K & 10K
Runs as a special event under LB 589 and
NEB. REV. STAT. §39-1359 R.R.S. 2008 and
hereby notifies the State of Nebraska that it
accepts the duties imposed by such law, and,
if a claim is made against the state, shall
indemnify, defend, and hold harmless the
State of Nebraska from all claims, demands,
actions, damages, and liability, including
reasonable attorney's fees, that may arise as a
result of the special event and the temporary
use of State Highway 64 (Maple Street), from
58th to 63rd Street within Omaha City Limits
on July 5, 2014, between the hours of 7:00
a.m. and 11:00 a.m., for the entire route of the
Benson Improvement District's special event,
the Indie 5K & 10K Runs.
2014-1 1 Ampg
Presented to City Council
— 1 2014
Adopted
gui tergrown,
City Clerk