ORD 39604 - Amendment to agmt with Council Bluffs and Papio-Missouri River NRD o�04"Ay.'N4g4 '? F f»' , Parks, Recreation&
C� �►�. 7 t l V t.., t,i Public Property Department
aJ`r�� jr—, Omaha/Douglas Civic Center
® r��t '�fl m i i ( t. r 1819 Farnam Street,Suite 701
\o i?. "tc t , , Omaha,Nebraska 68183-0701
�OoR 4�ry` (402)444-5900
. ...`to FEB09* CUT), .-I r K FAX(402)444-4921
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City of Omaha i N f=
Jim Suttle,Mayor
February 12, 2013
Honorable President
and Members of the City Council,
The purpose of the attached Ordinance is to approve Amendment No. 2 to the Interlocal
Agreement between the City of Omaha, the City of Council Bluffs, Iowa, and the Papio-Missouri
River Natural Resources District (P-MRNRD) to adjust the amount of the annual appropriations
from $200,000.00 to $260,000.00, for the operation and maintenance costs for the Missouri
River Trail Crossing Bridge. The necessity for this adjustment is based on current maintenance
projections, engineering reviews, pylon lighting repairs, security equipment, and repairs from the
2011 flood damage to the bridge. The agreement may further be amended to adjust the required
annual appropriations if circumstances dictate to maintain amounts necessary for the operation
and maintenance of Missouri River Trail Crossing Bridge. Omaha and Council Bluffs will each
contribute annually 50% of the sum to cover such expenses, on or before March 1 of each year.
The Finance Director is authorized to make the annual appropriation in amount of$130,000.00
from the Pedestrian Trail Bridge — Joint Use Omaha/Council Bluffs Fund No. 13419, and
Organization No. 131761, Mo River Pedestrian Bridge.
The Parks, Recreation Department requests your consideration and approval of the attached
Ordinance and Amendment No. 2 to the Interlocal Agreement.
Res ectfully submitted, Referred to City Council for
Consideration:
L P' i a 5‘),... 13 „--
' ,_,.„. --.'; ' dz /
,,-, - , .3__Lz 3
Brook Benc , Acting Director Date Mayor' Of ce/ 'tie Date
Parks, Recreation, and Public Property
Approved as to Funding:
t.(,,t ex ' Xr/61, ''`-/ (%r. Z5----
L`eslie A. Schaefer v Date
Interim Finance Director AV)
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/ 1
ORDINANCE NO. J /(IL
AN ORDINANCE to approve Amendment No. 2 to an Inter-local Agreement between the City
of Omaha, the City of Council Bluffs, Iowa, and the Papio-Missouri River Natural
Resources District, for the operation and maintenance of the Missouri River Trail
Crossing Bridge, and to adjust the required annual appropriations from $200,000.00 to
$260,000.00, contributed annually 50% of the sum to cover such expenses, on or before
March 1 of each year; and to provide an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the attached Amendment to the Inter-local Agreement between the City
of Omaha, Council Bluffs, Iowa, and the Papio-Missouri River Natural Resources District, for
the operation and maintenance of the Missouri River Trail Crossing Bridge, the Nebraska side of
the trail crossing bridge is located in the general area of the Omaha Dock Board, and the Iowa
side of the trail crossing bridge is located in the general area of Council Bluff's Playland Park.
Section 2. That the Finance Director of the City of Omaha is authorized to pay the
annual appropriation in the amount of$130,000.00 hereof from the Pedestrian Trail Bridge-Joint
Use Omaha Council Bluffs Fund No. 13419 and Organization No. 131761, Mo River Pedestrian
Bridge.
Section 3. That this Ordinance, not being of legislative character, and in accordance
with Section 2.12 of the Omaha Home Rule Charter, 1956, as amended, shall be in force and
take effect immediately from and after its date of passage.
ORDINANCE NO.
PAGE 2
INTRODUCED BY COUNCILMEMBER
aerinefivid(A4tr✓'"l APPROVED BY:
M 'OR 0 HE ITY OF OMAHA ATE
PASSED MAR - 5 2013 7-r
ATTEST:
3bb
CI CLERK 0 T CITY OF OMAHA DATE
APPROVED AS TO FO :
/
ASSISTANT CITY ATTORNEY DATE
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SECOND AMENDMENT TO AGREEMENT
FOR MISSOURI RIVER TRAIL CROSSING BRIDGE
This Second Amendment to the Agreement for Missouri River Trail Crossin Bridge is
*
hereby made and entered into this 5 day of ,/,1;/ , , 20,13 , by and
between the City of Omaha, a municipal corporation organized and existing under the laws of the
State of Nebraska, located in Douglas County, Nebraska, (hereinafter referred to as "Omaha"),
and the City of Council Bluffs, a political subdivision organized and existing under the laws of
the State of Iowa, (hereinafter referred to as "Council Bluffs"), and the Papio-Missouri River
Natural Resources District,a natural resource district organized and existing under the laws of the
State of Nebraska, (hereinafter referred to as the"P-MRNRD").
WHEREAS, the parties entered into an Agreement for Missouri River Trail Crossing Bridge
(hereinafter referred to as Original Agreement),dated October 13,2000, and now desire to amend
and clarify the Original Agreement, and
WHEREAS, the Original Agreement specifically provides for amendments; and
WHEREAS, pursuant to the terms of the Original Agreement the cities of Omaha and
Council Bluffs agreed to jointly contribute to a fund dedicated solely for the operation and
inspection of the trail crossing bridge; and
WHEREAS, recent expenditures and projected future costs require additional financial
contributions.
NOW, THEREFORE, for and in consideration of the mutual covenant and agreement herein
contained, Omaha, Council Bluffs and P-MRNRD do hereby mutually amend the Original
Agreement as follows:
1. That the attached Original Agreement dated /0/i0/wand the Amendment to
Agreement dated 1/!S/_ a ., are hereby incorporated by reference.
2. That Article IV (B) of the Original Agreement, encaptioned "Operation and
Maintenance Funding," is hereby eliminated and replaced and superseded to read as follows:
IV.FUNDING OF THE TRAIL CROSSING BRIDGE
B. Operation and Maintenance Funding
Upon completion of construction of the trail crossing bridge,
Omaha, through its Finance Department, shall establish and
maintain a separate fund, dedicated solely to the inspection,
operation and maintenance of the trail crossing bridge in
accordance with this section. It is currently estimated that that
the maintenance fund will require annual appropriations of
$260,000. The appropriations amount is based on current
maintenance projections, engineering reviews, pylon lighting
repairs, security equipment and repair of 2011 flood damage to
the bridge. This agreement may further be amended to adjust the
1
required annual appropriation if circumstances dictate to
maintain amounts necessary to maintain the trail crossing bridge
in good working order, in a safe condition suitable for pedestrian
use, and in accordance with applicable state, local and federal
standards for bridges.
Omaha and Council Bluffs shall each contribute annually, on
or before March 1 of each year, beginning with the March
immediately following completion of the trail crossing bridge,to
such separate fund an amount, equal to 50% of the annual
appropriation amount, or any subsequent adjustment thereof.
Funds may be used for inspection, operation and
maintenance of the trail crossing bridge as specified herein
below. In the event the funds in such account are insufficient to
pay for the inspection, operation and maintenance of the trail
crossing bridge, Omaha and Council Bluffs shall each contribute
50%of the sum necessary to cover such expenses.
Omaha shall have authority to withdraw amounts from such
account to pay persons providing inspection, operation and
maintenance services as set forth herein below.
In the event private funds are secured specifically for
maintenance, operations or repairs, these funds shall be
deposited in this separate fund and expended,as herein described
and the required commitment from Omaha and Council Bluffs
shall be proportionally reduced.
Omaha shall furnish to Council Bluffs and the P-MRNRD an
annual statement of the separate fund, which shall illustrate
revenues and expenditures.
3. That all other provisions of the Original Agreement and the First Amendment to
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Omaha, the City of Council Bluffs and the P-
MRNRD have executed this Second Amendment to the Agreement as of the day and year first
written above.
CITY OF OMAHA, a Municipal Corporation
3/7/ By
City Clerk of the City of Omaha Jim e, ayor
Ci of Omaha,Nebraska
APPROVED AS TO FO
Assist nt City Attorney
2
CITY OF COUNCIL BLUFFS,
a Municipal Co oration
By:
WI SS Thoma . nafa ,M or
Council Bluffs, wa
APPROVED O FORM
City Attorney
PAPIO-MISSOURI RIVER NATURAL
RES CES DISTRICT
By: _.
W SS General ager,
Papio-M uri River Natural Resources District
3
a.2G
ORDINANCE NO. ) / ViJk/
AN ORDINANCE to approve Amendment
No. 2 to an Inter-local Agreement between the
City of Omaha, the City of Council Bluffs, Iowa,
and the Papio-Missouri River Natural Resources
District, for the operation and maintenance of
the Missouri River Trail Crossing Bridge, and to
adjust the required annual appropriations from
$200,000.00 to $260,000.00, contributed
annually 50% of the sum to cover such
expenses, on or before March 1 of each year;
and to provide an effective date.
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PRESENTED TO COUNCIL
1st Reading v
t 3,,ef fJ i7
PUBLICATIONS Hean g FEB 2 6 2013 - /4i'7,4'
�j�z
PUBLICATION OF HEARING
Date 2'I.5I20I3 Final Reading MAR — 5 2013
Passed trc
PUBLICATION OF ORDINANCE
Date 3) 3 )2-01 -)4 BUSTER BROWN
City Clerk