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RES 2009-0765 - Appoint Ben Gray to land reutilization commission J. i c,p11 NFd � , �°s� RECEIVED Law Department g�� f�� t p h Omaha/Douglas Civic Center z ��+�� �� '� h15„, � � —Uf' 1819 Famam Street,Suite 804 07-r ; a Y Omaha,Nebraska 68183-0804 ° ry CITY CLERK (402)444 5115 • �4rED FEBR�� , }SKA Telefax(402)444-5125 OMAHACity of Omaha Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, Attached for your consideration is a Resolution appointing Councilmember Ben Gray to the Land Reutilization Commission. This Resolution was drafted upon the request of City Council President Garry Gernandt. Respectfully submitted, RoseMarie R. Horvath Assistant City Attorney p:\LAW-COUNCIL DOCUMENTS\2009\20085vIj t. VJ . " Mayor REgt JES-T J I AW DEPARTMENT For Law Department Use Only TO: Paul D. Kratz, City(Xitd0 PP 3. 3 Log Book #: DATE: June 30, 2009 CITY CLERK Date Assigned: / OMAHA, NER)RASK�! Assigned to: %,vaz2 Answered/Sent Out: Withdrawn: REQUEST BEING MADE BY: On behalf of Council President Garry Gernandt Jack Cheloha, City Lobbyist `s .I) �" '5521 (Name) (Department) (Phone) TIME LINE (Due Date): July 14, 2009 City Council Agenda (12 Working Days from Date Received by Law Department) REQUEST FOR Resolution of Appointment (State Specifically What You Are Requesting) DETAILS: (Do Not State"See Attached) Please prepare a Resolution for the July 14, 2009 City Council agenda appointing City Councilmember Ben Gray to the Land Reutilization Commission. If you have any questions, please contact Jack Cheloha at 5521. INFORMATION ATTACHED: YES NO x NONE AVAILABLE c: Mayor Suttle Councilmember Ben Gray Dave Schreiner, Land Reutilization Commission veity Clerk Council Sta- wer Construction is hereby approved. The City shall reimburse S.&I.D. 520 the amount of$1,447,440 from the Interceptor Sewer Construction, Organization 116921, Fund 12133. The sewer is identified as a portion of link#364 in the Sanitary Sewer Element of the Master Plan and is located west of 204th Street and West Center Road. P:\msp\1136msp.doc APPROVED S TO FORM:. CITY ATTORNEY AT eff: apAr Adopted UL.. .. 2009 City Clerk?//e Approve Mayor , , i, Li 1L___\ , __ t ..., ..„... M./ll ...en THE SANC t.• MU?. 0 0. {,,,,,,,,, TUARY E&A CONSULTING GROUP,INC. r-t, rn ENrIIBIT'A' ENGINEERS•PLANNERS•SURVEYORS OUTFAIL SEWER-ROTION ,OveLHIly 33..3.44.1,1712.131;20 I O.,.R. MO 50,T16,11,T.S.VI D ,....--.—..... ..._,...._... ../.1030,I.MES... ..1.41134T thS.3.,.1.11•I-. 0. FAA 14311.1. 1..0%1 ISta.,10 eement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, there now exists a vacancy on the Land Reutilization Commission of Douglas County; and, WHEREAS, Section 77-3203, Revised Statutes of Nebraska, 1943, as amended, provides for the appointment to the above Commission; and, WHEREAS, Frank Brown was appointed as a member of the Land Reutilization Commission by the City Council on June 24, 1997, to serve at the pleasure of the City Council; and, WHEREAS, the City Council desires to appoint Ben Gray as a member of the Land Reutilization Commission to replace Frank Brown as a representative of the City, of Omaha. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, Ben Gray is hereby appointed as a member of the Land Reutilization Commission, replacing Frank Brown, to represent the City of Omaha. He shall serve at the pleasure of the City Council as the appointing authority and without additional compensation. APPROVED AS TO FORM: tSIA' CIT ATTORNEY p:\LAW-COUNCIL DOCUMENTS\2009\20084v1j By.07. . 'Ir• i ilmember Adopted Al01:—t 1�'4 2109 '�—o City Clerk7/(47 App Mayor s uction, Organization 116921, Fund 12133. The sewer is identified as a portion of link#364 in the Sanitary Sewer Element of the Master Plan and is located west of 204th Street and West Center Road. P:\msp\1136msp.doc APPROVED S TO FORM:. CITY ATTORNEY AT eff: apAr Adopted UL.. .. 2009 City Clerk?//e Approve Mayor , , i, Li 1L___\ , __ t ..., ..„... M./ll ...en THE SANC t.• MU?. 0 0. {,,,,,,,,, TUARY E&A CONSULTING GROUP,INC. r-t, rn ENrIIBIT'A' ENGINEERS•PLANNERS•SURVEYORS OUTFAIL SEWER-ROTION ,OveLHIly 33..3.44.1,1712.131;20 I O.,.R. MO 50,T16,11,T.S.VI D ,....--.—..... ..._,...._... ../.1030,I.MES... ..1.41134T thS.3.,.1.11•I-. 0. FAA 14311.1. 1..0%1 ISta.,10 eement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 a � .a f K. °• F4 0 2 0k , e.,.. 0 . , .- .•• ,.... Z ._,. " r) ,.., r..1%. 6.......00 ;WA Ct. .- ,.,, I \ (1) 0 a t9 CA g i ¢' (7p C'" F �"' c g '' R..�c '''\ \ o ee ) • • • t Irk as — _. ..l wig+ C ng Councilmember Ben Gray to the Land Reutilization Commission. This Resolution was drafted upon the request of City Council President Garry Gernandt. Respectfully submitted, RoseMarie R. Horvath Assistant City Attorney p:\LAW-COUNCIL DOCUMENTS\2009\20085vIj t. VJ . " Mayor