RES 2006-0182 - Support for functional city-county mergers without addressing megaboard concept FolAAN A,IFe
4�`��Li RECEIVED Law Department
4 4s0.I�,vt Omaha/Douglas Civic Center
� Ii (•) '•y �� N 1819 Famam Street,Suite 804
o®.i,r �!.� ',-'w � 3 � P� '`�. Omaha,Nebraska 68183 0804
�0 FEW) CITY :.i1�i (402)444-5115
eD FeeR (`. 4 Telefax(402)444-5125
City of Omaha OMAHA, 14EBRASKA PaulD.ICrarz
Mike Fahey,Mayor City Attorney
Honorable President o ble
and Members of the City Council, •
. The Resolution attached hereto is sent to you at the request of Councilmembers, Vokal, Sigerson,
and Suttle, and Council President Welch. It provides generally for supporting functional City-
County mergers where demonstrated savings and efficiencies result, but proposes that the
concept of a megaboard should not be addressed without first resolving issues of delegation of
legislative authority.
Respectfully submitted,
ert J. Hamer
eputy City Attorney
P:\LAW 1\6182sap.doc
REQUEST TO LAW DEPARTMENT
For Law Department Use Only
TO: Paul D. Kratz, City Attorney
Log Book#:
DATE: February 9, 2006 Date Assigned:
Assigned to:
Answered/Sent Out:
Withdrawn:
REQUEST E G MADE BY: On behalf of Council President Dan Welch
Warren , Council Chief of Staff 5518
(Name) (Department) (Phone)
TIME LINE (Due Date): Council Agenda of February 14, 2006
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Resolution - Megaboard
(State Specifically What You Are Requesting)
DETAILS:
Council President Dan Welch, Council Vice President Jim Vokal, and Councilmembers Chuck Sigerson
and Jim Suttle request the Law Department place a resolution on the City Council Agenda for February
14, 2006, that reflects the language stated below. The Law Department is encouraged to suggest other
language as long as it does not alter the intent of the Resolution.
If there are any questions, please call Warren Weaver at ext. 5518.
**********
WHEREAS, the Douglas County Board passed a Resolution on February 7, 2006, to create a
single governing body by interlocal agreement, to join the Douglas County Board with the City Council of
the City of Omaha's Legislative obligations into a proposed joint 14-member board, with shared
governing responsibilities; and,
WHEREAS, the Omaha City Council, and its Legislative functions, were created by the Nebraska
Legislature and the citizens of Omaha when they adopted Omaha's Home Rule Charter with specific
legislative, taxing and representation obligations; and,
City Council, bylaw and CityCharter is guided by and discharges its
WHEREAS, the Omaha C y
duties and responsibilities according to law, and cannot endorse a proposal to the contrary without such
authority; and,
- 1 -
WHEREAS, the proposal of a joint 14-member governing body with legislative authority is of
questionable legal grounds or specifics and further does not address the other incorporated cities and
towns of Douglas County; and,
WHEREAS, the Omaha City Council, by Resolution No. 932, as amended, on July 15, 2003 by a
5-0-1 vote, embraced the concept of mergers where they are fully legal, have documented cost savings
and demonstrated efficiencies of government.
NOW, THEREFORE, the City Council of the City of Omaha is compelled by its Charter and State
Laws to not address the proposal of a concept for a megaboard rule of City business without first
resolving the issue of delegation of legislative authority, and further restates emphatically its previous
position to seek functional mergers in those areas of City— County overlap of responsibilities where there
is clear legal authority under the law, documented cost savings and demonstrated increased efficiencies
of governance; and,
INFORMATION ATTACHED: YES NO X NONE AVAILABLE
wl
c: Councilmembers, Mayor Fahey, Buster Brown-City Clerk, Council Staff
-2 -
C-25A' CITY OF OMAHA
S V
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Douglas County Board passed a Resolution on February 7, 2006,
to create a single governing body by interlocal agreement, to joint the Douglas County Board
with the City Council of the City of Omaha's Legislative obligations into a proposed joint 14-
member board, with shared governing responsibilities; and,
WHEREAS, the Omaha City Council, and its Legislative functions, were created
by the Nebraska Legislature and the citizen of Omaha when they adopted Omaha's Home Rule
Charter with specific legislative,taxing and representation obligations; and,
WHEREAS, the Omaha City Council, by State law and City Charter is guided by
and discharges its duties and responsibilities according to law, and cannot endorse a proposal to
the contrary without such authority; and,
WHEREAS, the proposal of a joint 14-member governing body with legislative
authority is of questionable legal grounds, lacks being specific, and further does not address the
other incorporated cities and towns of Douglas County; and,
WHEREAS, the Omaha City Council, by Resolution No. 932, as amended, on
July 15, 2003 by a 5-0-1 vote, embraced the concept of mergers where they are fully legal, have
documented cost savings and demonstrative efficiencies of government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City Council of the City of Omaha is compelled by its Charter and
State laws to not address the proposal of a concept for a megaboard rule of City business without
first resolving the issue of delegation of legislative authority, and further restates emphatically its
previous position to seek functional mergers in those areas of City-County overlap of
responsibilities where there is clear legal authority under the law, documented cost savings and
deo. ated in ., ies of governance.
PALAW 1 •181s.: .. APPROVED. S TO FORM:
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Councilmember
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