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RES 2013-0250 - Omaha Triathlon special event ' ,f .f 1 V E .� Public Works Department aF Omaha/Douglas Gvic Center i imat,' 7.` 1819 Famam Street Suite 601 ' 3 FEB � '�; (� Omaha,Nebraska 68183-0601 ,L, , , g February 26, 2013 `" (402)444 s22o CITY f Fax(402)444-5248 l o L,W t,, NFL. '. 5'' Robert G.Stubbe,P.E. City of Omaha Jim Suttle,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 County Road 17 (State Street/Lake Cunningham Road) from Wenninghoff Road to 72nd Street, 72nd Street from County Road 17 (State Street/Lake Cunningham Road) to State Highway 36 and State Highway 36 from 72°d Street to 138th Street on July 21, 2013, between the hours of 6:00 a.m. and 12:00 p.m., for a part of the bicycling portion of the Omaha Triathlon's special event. The Omaha Triathlon will be held primarily within Lake Cunningham Park but will utilize these roads for the bicycling portion of the event. The event sponsor is Mimran Event Management. Mimran Event Management will provide 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, Ref cl to Cit.,,,,,trIA ___,... , sy ouncil for Consideration ,9. s, /2 Ro rt G. Stubbe, P.E. Date Mayor's ffi e Ti e Date 000413mpg C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Mimran Event Management company desires to hold a triathlon event called the Omaha Triathlon on July 21,2013 utilizing County Road 17(State Street/Lake Cunningham Road)from Wenninghoff Road to 72nd Street, 72°d Street from County Road 17 (State Street/Lake Cunningham Road) to State Highway 36 and State Highway 36 from 72nd Street to 138th Street as a portion of the event course for bicycling; and, WHEREAS,the a portion of such route(State Highway 36 from 72"Street to 138th Street)is within the zoning jurisdiction of the City of Omaha; and, WHEREAS,the City is not a co-sponsor of such Omaha Triathlon but officially designates on behalf of the City of Omaha the Omaha Triathlon 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 Omaha Triathlon 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 County Road 17 (State Street/Lake Cunningham Road) from Wenninghoff Road to 72"Street, 72nd Street from County Road 17(State Street/Lake Cunningham Road)to State Highway 36 and State Highway 36 from 72°d Street to 138th Street between the hours of 6:00 a.m. and 12:00 p.m., July 21, 2013, for a part of the bicycling portion of Mimran Event Management's special event, the Omaha Triathlon. 000313mpg AP OVED AS T ORM: EPUTY CITY ATTORNEY DATE By \- . Con 'Imem ber Adopted �. 2:.�j. Q.�. ,'el City Clerk..2/o�� Approved.. Mayor 7414 NO. 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 Omaha officially designates the Omaha Triathlon as a special event under LB 589 and NEB. REV. SLAT. §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 County Road 17 (State Street/Lake Cunningham Road) from Wenninghoff Road to 72"d Street, 72"d Street from County Road 17 (State Street/Lake Cunningham Road) to State Highway 36 and State Highway 36 from 72nd Street to 138rh Street on July 21, 2013, between the hours of 6:00 a.m. and 12:00 p.m., for the entire route of the Mimran Event Management's special event, the Omaha Triathlon. 000313 Ampg Presented to City Council FEB 2 6 2013 Adopted - etJler grown City Clerk