Loading...
RES 2012-0944 - Omaha North High homecoming parade special event September 21 2012 Q 8 Public Works Department u�tir RECEIVED Omaha/Douglas Civic Center �®Risk I . ' `� July 17, 2012 1819 F rzem St e6t.,Suite 6U1 o�� y �;�"� t2 JUL —3 PM 2: I Omaha,Nebraska 68183-0601 (402)444-5220 AO447.4.D FE110)t** CITY CLERK Fax(402)444-5248 City of Omaha O M/J A, PiE.5RASKI. Robert G.Stubbe,P.E. 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 U.S. Highway 75 from Redick Avenue to Bondesson Street on September 21, 2012 between the hours of 1:00 p.m. and 2:45 p.m. for Omaha North High Homecoming Parade. The Omaha North High Homecoming Parade will be held solely within Omaha City Limits. This event is not sponsored by the City; the event sponsor is Omaha North High School (Gene Haynes). Omaha Public Schools has insurance coverage naming the City as an additional insured to cover the statutory liability which the City agrees to accept by passage of this Resoultion. Your favorable consideration is requested. Respeectfully submitted, Ref to City Council for Consideration 6 -LS z . 21 . /2 R bert G. Stubbe, P.E. Date Mayor's ff e it e Date 000812mpg I • ( • -ai ^ > \ 1 , _•_ �:II\.. .. a:•.�<i uJ , `• ..--:, mil) \ .. nv\„ .,.:. \\::• \ \\\, \, i.•.••• ...a pi • � \.��.\ \ � :.\� i.'�C�\`. o"i,,,.:.•\\•vim•,._ \ / \��' :.� o��'`�\\� �:,� • 1' / ` • :� `\ • �\ \ IPA i ..' \ \ e� \ r .;`< . . 4. ' \'S .c�: : \ r ' ... i >��� .c. � y.: � = 'fir::\ . . `'. \ • . k \ \ :•\ •••'/*:....,\\ • �� � a i�.•.• ' .;.••' .•.1. \1 ��: ` \ ` % f$( - '•C.\ • `%/ ,.; • f •. ,. '.:` 1" ''V' • -,s,\R`,...:INV.,•,,,, ;s ,,...;. •\,k.\\'',..•‘„ _o :.,....4„,;.:, ,./.....;:.4"...4 ip:..,....f.Y..,\\A,N,..: s' .,•:.'-',""' . .2l-I." . 1 ...••w ,� 1 1 CFI 1 D : r le/ol r..;.•,cco •:drys„• a SUBDIVISION AGREEMENT 1 OF 1 S,trpy County,Nebraska Jobs:00-029 as1sr..w....... rAA•111I-P..1 ments as required and when reasonably requested by the other Parties to this Agreement. Any notice required under this Agreement shall be in writing and shall be sent by regular United States mail, postage prepaid, to the addresses as noted below. Any Party to this Agreement may change its address for notice specified hereunder by 10 ner so as to assure that the entire burden of the levy is borne, on an equitable basis, by lots or parcels which are truly building sites. Developer and District certify that to the best of their knowledge all lots and parcels shown on the plat of the area to be developed (Exhibit "A" hereto) arc buildable sites. In the discretion of County, it may require Developer and District to prove to the satisfaction of County that a certain lot or parcel is a buildable site. Should a lot or parcel be determined by County not to be a buildable site, the cost of improvements that would otherwise have 8 the zoning jurisdiction of County, it being expressly understood that County reserves the right to collect all connection charges and fees as required by County ordinances or rules now or hereinafter in force. All such connections shall comply with , minimum standards prescribed by County. r wastewater pollution and treatment. Termination of sewage treatment service will not be made before ninety (90) days following written notice of such termination. It is acknowledged that during said period, if negotiations produce no new agreement, the parties, or any one of them, may file an action in any court having jurisdiction over the matter to provide equitable relief r the matter to provide equitable relief C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: C:14 WHEREAS,the Omaha North High School(Gene Haynes)desires to hold a parade called the Omaha North High Homecoming Parade on September 21, 2012, utilizing U. S. Highway 75 frorn`Redici Avenue to Bondesson 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 Omaha North High Homecoming Parade but officially designates on behalf of the City of Omaha the Omaha North High Homecoming Parade 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 North High Homecoming Parade 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 U. S.Highway 75 from Redick Avenue to Bondesson Street within Omaha City Limits on September 21, 2012 between the hours of 1:00 p.m. and 2:45 p.m., for the entire route of the event,the Omaha North High Homecoming Parade. APP VE AST F RM: 000712mpg DEPUTY CITY ATTORNEY DATE AL2970! By C �ilmember Adopted UL 1 7 12 _ ity - k • 7//'il/2---'' 4c3i,214 An.s, pp ACTING Mai •\,k.\\'',..•‘„ _o :.,....4„,;.:, ,./.....;:.4"...4 ip:..,....f.Y..,\\A,N,..: s' .,•:.'-',""' . .2l-I." . 1 ...••w ,� 1 1 CFI 1 D : r le/ol r..;.•,cco •:drys„• a SUBDIVISION AGREEMENT 1 OF 1 S,trpy County,Nebraska Jobs:00-029 as1sr..w....... rAA•111I-P..1 ments as required and when reasonably requested by the other Parties to this Agreement. Any notice required under this Agreement shall be in writing and shall be sent by regular United States mail, postage prepaid, to the addresses as noted below. Any Party to this Agreement may change its address for notice specified hereunder by 10 ner so as to assure that the entire burden of the levy is borne, on an equitable basis, by lots or parcels which are truly building sites. Developer and District certify that to the best of their knowledge all lots and parcels shown on the plat of the area to be developed (Exhibit "A" hereto) arc buildable sites. In the discretion of County, it may require Developer and District to prove to the satisfaction of County that a certain lot or parcel is a buildable site. Should a lot or parcel be determined by County not to be a buildable site, the cost of improvements that would otherwise have 8 the zoning jurisdiction of County, it being expressly understood that County reserves the right to collect all connection charges and fees as required by County ordinances or rules now or hereinafter in force. All such connections shall comply with , minimum standards prescribed by County. r wastewater pollution and treatment. Termination of sewage treatment service will not be made before ninety (90) days following written notice of such termination. It is acknowledged that during said period, if negotiations produce no new agreement, the parties, or any one of them, may file an action in any court having jurisdiction over the matter to provide equitable relief r the matter to provide equitable relief cm ' ' v1 •Ei N > N F., E• n m- pa • 'fir coy cn 5-' N N o O !; itiIiItijI CM N = !E1LI BByCD v)agoCvQ = cp w N N O -N x cD O h. r— a CD �, .— O0 td p �Q 5 O v x cD g v (D A, '- A) oo x va 0 o 8 va c" O054 zy O N • = OCO `< E•Zvi 1 z n N CI- O0 CD I O szs 0 �" o v °coo c ; -o cr o W w \\\ O \ z f...11) 271) xxty al, $ '� w A 4z Cava ' ' o, w = o+ �p• y v) o, O- �' v,,, p7' cD .0 = ¢. cD w (D w vnkC • u? (*•° -..,-•,•-. .e--..4,..,,-Q°:•.::::,,,:,%,,":•,•,.) ° ::: r„,,‘..i,,l'‘.1'ii:..., ` i F , , 4 adway 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 North High Homecoming Parade 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 U. S.Highway 75 from Redick Avenue to Bondesson Street within Omaha City Limits on September 21, 2012 between the hours of 1:00 p.m. and 2:45 p.m., for the entire route of the event,the Omaha North High Homecoming Parade. APP VE AST F RM: 000712mpg DEPUTY CITY ATTORNEY DATE AL2970! By C �ilmember Adopted UL 1 7 12 _ ity - k • 7//'il/2---'' 4c3i,214 An.s, pp ACTING Mai •\,k.\\'',..•‘„ _o :.,....4„,;.:, ,./.....;:.4"...4 ip:..,....f.Y..,\\A,N,..: s' .,•:.'-',""' . .2l-I." . 1 ...••w ,� 1 1 CFI 1 D : r le/ol r..;.•,cco •:drys„• a SUBDIVISION AGREEMENT 1 OF 1 S,trpy County,Nebraska Jobs:00-029 as1sr..w....... rAA•111I-P..1 ments as required and when reasonably requested by the other Parties to this Agreement. Any notice required under this Agreement shall be in writing and shall be sent by regular United States mail, postage prepaid, to the addresses as noted below. Any Party to this Agreement may change its address for notice specified hereunder by 10 ner so as to assure that the entire burden of the levy is borne, on an equitable basis, by lots or parcels which are truly building sites. Developer and District certify that to the best of their knowledge all lots and parcels shown on the plat of the area to be developed (Exhibit "A" hereto) arc buildable sites. In the discretion of County, it may require Developer and District to prove to the satisfaction of County that a certain lot or parcel is a buildable site. Should a lot or parcel be determined by County not to be a buildable site, the cost of improvements that would otherwise have 8 the zoning jurisdiction of County, it being expressly understood that County reserves the right to collect all connection charges and fees as required by County ordinances or rules now or hereinafter in force. All such connections shall comply with , minimum standards prescribed by County. r wastewater pollution and treatment. Termination of sewage treatment service will not be made before ninety (90) days following written notice of such termination. It is acknowledged that during said period, if negotiations produce no new agreement, the parties, or any one of them, may file an action in any court having jurisdiction over the matter to provide equitable relief r the matter to provide equitable relief