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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 JMA1 ' ''+ 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) p:1741tmb / 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 p:1742tmb 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. p:1742tmb 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