NOT PASSED Amend section 4.07 of municipal code re MECA QtAAHA,�r���
` 11�s Law Department
���, , Omaha/Douglas Civic Center
W'I�A�:C}J «y ^ 03 J U L 18 Pi. 3: 23 1819 Famam Street,Suite 804
"
. 7 �. �.. Omaha,Nebraska 68183-0804
(402)444-5115
R4-Ro FEs- CITY C i_;?K — Telefax(402)444-5125
City of Omaha ry} 't 14. 11 F' :!4 s P` ' Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
and Members of the City Council,
•
The attached Ordinance is transmitted to you at the request of Councilmember Frank Brown.
The Ordinance provides that, in future appointments, the MECA Board shall have at least one
member who is a racial minority and at least one member who is a woman.
Respectfully submitted,
bert J. Hamer
Deputy City Attorney
P:\Lawl\8984pjm.doc
•
ORDINANCE NO.
1 AN ORDINANCE to amend Section 4.07 of the Omaha Municipal Code dealing with the
2 Metropolitan Entertainment and Convention Authority, to provide that, in future
3 appointments, at least one of the five members of the Board Authority shall be a racial
4 minority and at least one member shall be a woman; to repeal Section 4.07 as heretofore
5 existing; and to provide for the effective date hereof.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. That Section 4.07 of the Omaha Municipal Code shall be amended to read as
8 follows:
9 "Section 4.07. Metropolitan Entertainment and Convention Authority.
10 (a) There is hereby created a Metropolitan Entertainment and Convention
11 .Authority to be managed and controlled by a board consisting of five members
12 who shall be qualified electors of the County of Douglas but shall not be elected
13 officials or employees of any public body. Initially such members shall be the
14 then-serving members of the Interim Metropolitan Entertainment and Convention
15 Authority ("Interim Authority"), who shall serve the remainder of their full initial
16 terms. As each initial term expires, all successive terms shall be for five (5) years,
17 with alternating yearly appointments to be made by the Mayor and City Council.
18 Such successive appointments shall be confirmed by the City Council with the
19 first such appointment being made by the Mayor. If a vacancy occurs in the
20 membership of the Authority during the initial term of any member, such vacancy
21 for the remaining term shall be filled by nomination by the designated body
22 making the initial appointment to the Interim Authority, if such body shall then be
23 in existence otherwise by the Mayor, with confirmation by the Council. After
24 expiration of such initial terms, any vacancy on such board shall be filled by
25 either the Mayor or Council, who appointed such member, with the confirmation
26 of the Council, and such appointee shall serve the unexpired portion of the term of
27 the member whose office was vacated. Upon the second appointment made after
28 the effective date of this Ordinance, and thereafter, the board shall have at least
29 one member who is a member of a racial minority and at least one member who is
30 a woman. The members of the board shall serve without compensation, but shall
31 be entitled to reimbursement of the reasonable expenses paid or incurred in the
32 performance of the duties imposed upon them hereby and by implementing
33 ordinances of the Council. Board members may be removed by the Council for
34 malfeasance of office.
ORDINANCE NO.
Page 2
1 (b) The powers and duties of the authority shall include the following:
2
3 (i) With respect to the Downtown Convention Center and Arena (the
4 "Project") which is the subject of an approved city Redevelopment Plan, the
5 Authority shall assume complete responsibility for and control over any or all
6 aspects of Project development, implementation, operation, maintenance, repair
7 and replacement, including the power to enter into any contracts, have control and
8 management of property, personnel, equipment, facilities and finances.
9
10 (ii) With respect to other now or hereafter existing city public events facilities,
11 including but not limited to the Civic Auditorium, Rosenblatt Stadium, the
12 Orpheum Theatre and other convention centers, meeting places, sports arenas,
13 auditoriums, stadiums, entertainment and similar facilities and related events, the
14 Authority is hereby empowered to assume management and control over such
15 facilities and events on such schedule and to such extent as it shall specify to the
16 Council. As to each such facility whose operation and management is to be
17 assumed by the Authority, a detailed plan of transition shall be presented by the
18 Authority to the Mayor and to the Council for its approval by ordinance which
19 plan shall include details on the timing and transition to the Authority of
20 personnel, property, contracts and funding as relate to such facility. The
21 Authority, upon assuming such responsibility for such additional facilities, shall
22 have the same powers as set forth in the preceding paragraph for the Project.
23
24 (iii) The Council by ordinance from time to time may provide for additional
25 powers and duties of, and administrative and procedural requirements and
26 authorizations for, the Authority as shall be lawful and consistent with this
27 section.
28
29 (c) The Authority shall not have taxing power or the power of eminent
30 domain. The Authority may adopt articles of incorporation and by-laws, and
31 incorporate as a Nebraska not for profit corporation. It may create such
32 committees, subcommittees or subsidiary boards as it may determine.
33
34 (d) The Authority shall have the power to charge fees, rentals and other
35 charges for the use of the facilities within its jurisdiction, and all such fees,
36 rentals, charges and any other revenues of the Authority may, subject to
37 bondholder contracts, be applied to the payment of the operating, administration
38 and other necessary expenses of the Authority, including the making of capital
39 repairs and improvements to such facilities.
40
41 (e) The Authority shall prepare an annual budget, and shall request that the
42 Mayor include in the recommended city annual budget for a given year an item or
43 items providing for the payment of money to the Authority with respect to the
ORDINANCE NO.
Page 3
1 Authority's operating, administration, and other such payments to or for the
2 benefit of the Authority.
3 (f) All income, revenue, receipts, donations, retained earnings and money of
4 the Authority from whatever source derived shall be paid to the treasurer of the
5 city, as ex officio treasurer of the Authority, who shall hold such moneys in
6 segregated accounts within a separate fund created for the Authority and shall not
7 commingle such money with any other money under the treasurer's control. Such
8 money shall be withdrawn only by check, draft or order signed by the treasurer on
9 requisition of the designated person or persons authorized by the board to make
10 such requisitions. The Authority or the city shall conduct or have conducted an
11 annual audit of the funds and accounts of the Authority independent of the general
12 city audit. A copy of said audit shall be submitted to the City Council.
13
14 (g) General obligation bonds, redevelopment bonds, lease-purchase bonds,
15 revenue bonds and refunding bonds (including in each case, notes), or any
16 combination of such bonds or notes, issued by or on behalf of the city to finance
17 or refinance the acquisition, construction, improving and equipping of such
18 facilities, and public improvements and acquisitions pursuant to a redevelopment
19 plan containing such facilities, may be issued and sold from time to time in such
20 manner, including public or private sale, for such price or prices, bear interest at
21 such rate or rates payable at such time or times, and be payable in such
22 installments and at such time or times not exceeding thirty years, as determined in
23 each instance by ordinance. The city may pledge as security for the payment when
24 due of the principal of, premium, if any, and interest on any such bonds or notes
25 one or more of: the income, proceeds and revenue of such facilities financed with
26 the proceeds of such bonds or notes; the income, proceeds and revenue of any
27 such facilities of the city; the city's revenue and income, including, without
28 limitation, its sales, use or occupation tax revenue, the city's fees or receipts, and
29 the city's state assistance under the Nebraska Convention Center Facility
30 Financing Assistance Act, as determined in each instance by ordinance. The city
31 may further secure the bonds or notes by a mortgage or deed of trust encumbering
32 all or any portion of the facilities and by a bond insurance policy or other credit
33 support or liquidity facility. To the extent that this subsection is inconsistent with
34 any other provision of this Charter, the provisions of this subsection shall be
35 controlling.
36
37 (h) Nothing in this section shall be interpreted as being in contravention of the
38 Constitution and applicable laws of the State of Nebraska, and any provision
39 hereof determined by a final decree or judgment after exhaustion of all appeals so
40 to be in contravention shall be severed herefrom and the remaining provisions
41 hereof shall remain in full force and effect."
ORDINANCE NO.
Page 4
1 Section 2. That Section 4.07 of the Omaha Municipal Code as heretofore existing is
2 hereby repealed.
3 Section 3. That this Ordinance shall be in full force and take effect fifteen (15) days from
4 and after the date of its passage.
INTRODUCED BY COUNCILMEMBER
"Ale2tfigeoWN4.- APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
FAMED AUG - 5 2003 ;%4/ S Los S' ,(�
ATTEST: yeas/ 4 '&,2 �/40A%i'1 on
r n �2�D� 7i�i9
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\Lawl\8985pjm.doc
•
•
•
MOTION BY COUNCILMEMBER
I hereby move that Council Document No. , Current Series, be amended in the
whole by substituting in lieu thereof the attached Ordinance.
APPROVED AS TO FORM:
ITY ATTORNEY DATE
P:\Lawl\9061 pjmdoc.doc
ORDINANCE NO.
1 AN ORDINANCE to amend Sections 4.07, 22-41 and 22-66 of the Omaha Municipal Code
2 dealing with the Metropolitan Entertainment and Convention Authority, and City Pension
3 Boards to provide that, in future appointments, at least one of the members of the MECA
4 Board Authority shall be a racial minority and at least one member shall be a woman; and
5 on the Civilian Pension Board, at least one trustee shall be a racial minority or a woman
6 or both; and adding two members to the Police and Fire Pension Board with provisions
7 for, not more than two trustees being elected from any one city department and for
8 appointment of a racial minority and a woman as trustees; to repeal Sections 4.07, 22-41
9 and 22-66 as heretofore existing; and to provide for the effective date hereof.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
11 Section 1. That Section 4.07 of the Omaha Municipal Code shall be amended to read as
12 follows:
13 "Section 4.07. Metropolitan Entertainment and Convention Authority.
14 (a) There is hereby created a Metropolitan Entertainment and Convention
15 Authority to be managed and controlled by a board consisting of five members
16 who shall be qualified electors of the County of Douglas but shall not be elected
17 officials or employees of any public body. Initially such members shall be the
18 then-serving members of the Interim Metropolitan Entertainment and Convention
19 Authority ("Interim Authority"), who shall serve the remainder of their full initial
20 terms. As each initial term expires, all successive terms shall be for five (5) years,
21 with alternating yearly appointments to be made by the Mayor and City Council.
22 Such successive appointments shall be confirmed by the City Council with the
23 first such appointment being made by the Mayor. If a vacancy occurs in the
24 membership of the Authority during the initial term of any member, such vacancy
25 for the remaining term shall be filled by nomination by the designated body
26 making the initial appointment to the Interim.Authority, if such body shall then be
27 in existence otherwise by the Mayor, with confirmation by the Council. After
28 expiration of such initial terms, any vacancy on such board shall be filled by
29 either the Mayor or Council, who appointed such member, with the confirmation
30 of the Council, and such appointee shall serve the unexpired portion of the term of
ORDINANCE NO.
PAGE 2
1 the member whose office was vacated. Upon the second appointment made after
2 the effective date of this Ordinance, and thereafter, the board shall have at least
3 one member who is a member of a racial minority and at least one member who is
4 a woman. The members of the board shall serve without compensation, but shall
5 be entitled to reimbursement of the reasonable expenses paid or incurred in the
6 performance of the duties imposed upon them hereby and by implementing
7 ordinances of the Council. Board members may be removed by the Council for
8 malfeasance of office.
9
10 (b) The powers and duties of the authority shall include the following:
11
12 (i) With respect to the Downtown Convention Center and Arena (the
13 "Project") which is the subject of an approved city Redevelopment Plan, the
14 Authority shall assume complete responsibility for and control over any or all
15 aspects of Project development, implementation, operation, maintenance, repair
16 and replacement, including the power to enter into any contracts, have control and
17 management of property, personnel, equipment, facilities and finances.
18
19 (ii) With respect to other now or hereafter existing city public events facilities,
20 including but not limited to the Civic Auditorium, Rosenblatt Stadium, the
21 Orpheum Theatre and other convention centers, meeting places, sports arenas,
22 auditoriums, stadiums, entertainment and similar facilities and related events, the
23 Authority is hereby empowered to assume management and control over such
24 facilities and events on such schedule and to such extent as it shall specify to the
25 Council. As to each such facility whose operation and management is to be
26 assumed by the Authority, a detailed plan of transition shall be presented by the
27 Authority to the Mayor and to the Council for its approval by ordinance which
28 plan shall include details on the timing and transition to the Authority of
29 personnel, property, contracts and funding as relate to such facility. The
30 Authority, upon assuming such responsibility for such additional facilities, shall
31 have the same powers as set forth in the preceding paragraph for the Project.
32
33 (iii) The Council by ordinance from time to time may provide for additional
34 powers and duties of, and administrative and procedural requirements and
35 authorizations for, the Authority as shall be lawful and consistent with this
36 section.
37
38 (c) The Authority shall not have taxing power or the power of eminent
39 domain. The Authority may adopt articles of incorporation and by-laws, and
40 incorporate as a Nebraska not for profit corporation. It may create such
41 committees, subcommittees or subsidiary boards as it may determine.
42
43 (d) The Authority shall have the power to charge fees, rentals and other
44 charges for the use of the facilities within its jurisdiction, and all such fees,
45 rentals, charges and any other revenues of the Authority may, subject to
ORDINANCE NO.
PAGE 3
1 bondholder contracts, be applied to the payment of the operating, administration
2 and other necessary expenses of the Authority, including the making of capital
3 repairs and improvements to such facilities.
4
5 (e) The Authority shall prepare an annual budget, and shall request that the
6 Mayor include in the recommended city annual budget for a given year an item or
7 items providing for the payment of money to the Authority with respect to the
8 Authority's operating, administration, and other such payments to or for the
9 benefit of the Authority.
10
11 (f) All income, revenue, receipts, donations, retained earnings and money of
12 the Authority from whatever source derived shall be paid to the treasurer of the
13 city, as ex officio treasurer of the Authority, who shall hold such moneys in
14 segregated accounts within a separate fund created for the Authority and shall not
15 commingle such money with any other money under the treasurer's control. Such
16 money shall be withdrawn only by check, draft or order signed by the treasurer on
17 requisition of the designated person or persons authorized by the board to make
18 such requisitions. The Authority or the city shall conduct or have conducted an
19 annual audit of the funds and accounts of the Authority independent of the general
20 city audit. A copy of said audit shall be submitted to the City Council.
21
22 (g) General obligation bonds, redevelopment bonds, lease-purchase bonds,
23 revenue bonds and refunding bonds (including in each case, notes), or any
24 combination of such bonds or notes, issued by or on behalf of the city to finance
25 or refinance the acquisition, construction, improving and equipping of such
26 facilities, and public improvements and acquisitions pursuant to a redevelopment
27 plan containing such facilities, may be issued and sold from time to time in such
28 manner, including public or private sale, for such price or prices, bear interest at
29 such rate or rates payable at such time or times, and be payable in such
30 installments and at such time or times not exceeding thirty years, as determined in
31 each instance by ordinance. The city may pledge as security for the payment when
32 due of the principal of, premium, if any, and interest on any such bonds or notes
33 one or more of: the income, proceeds and revenue of such facilities financed with
34 the proceeds of such bonds or notes; the income, proceeds and revenue of any
35 such facilities of the city; the city's revenue and income, including, without
36 limitation, its sales, use or occupation tax revenue, the city's fees or receipts, and
37 the city's state assistance under the Nebraska Convention Center Facility
38 Financing Assistance Act, as determined in each instance by ordinance. The city
39 may further secure the bonds or notes by a mortgage or deed of trust encumbering
40 all or any portion of the facilities and by a bond insurance policy or other credit
41 support or liquidity facility. To the extent that this subsection is inconsistent with
42 any other provision of this Charter, the provisions of this subsection shall be
43 controlling.
ORDINANCE NO.
PAGE 4
1 (h) Nothing in this section shall be interpreted as being in contravention of the
2 Constitution and applicable laws of the State of Nebraska, and any
3 provision hereof determined by a final decree or judgment after exhaustion
4 of all appeals so to be in contravention shall be severed herefrom and the
5 remaining provisions hereof shall remain in full force and effect."
6
7 Section 2. That section 22-41 of the Omaha Municipal Code is amended to read
8 as follows:
9
10 Sec. 22-41. Board of trustees.
11
12 The system shall be administered by a board of seven trustees determined as follows:
13
14 (a) Two ex officio trustees, namely, the city comptroller and the city personnel
15 director;
16
17 (b) One trustee who shall be a member of the city council and who shall be appointed
18 by the mayor;
19 (c) Three trustees who shall be members of the system to be elected by secret ballot
20 by the members of the system for periods of three years in staggered annual elections, provided
21 that not more than one trustee shall be elected from any one city department. As the terms of the
22 trustees provided for in this subsection expire, new trustees shall be elected effective January 1
23 next to fill the vacancies thus created for periods of three years each, provided in no case shall
24 more than one member be elected under this subsection from any one city department; and
25
26 (d) A trustee not a member of the system to be elected for a period of three years by
27 the other members of the board of trustees. Provided, that if at the time of such election, no other
28 board member is either a woman or a member of a racial minority, then such trustee elected shall
29 be either a woman or a member of a racial minority, or both.
30
31 In the event of the death, retirement, or resignation of a trustee provided for in subsection
32 (c) or (d) above, a new trustee shall be elected by the board to serve for the remainder of the
33 unexpired term.
34
35 All other trustees shall take office at the board meeting next following their election or
36 appointment.
37
38 Section 3. That section 22-66 of the Omaha Municipal Code is amended to
39 read as follows:
40
41 Sec. 22-66. Board of trustees.
42
43 (a) The system shall be administered by a board of nine Leven trustees determined as
44 follows:
ORDINANCE NO.
PAGE 5
1 (1) Two ex officio trustees, namely, the city finance director and the city personnel
2 director.
3
4 (2) One trustee who shall be a member of the city council and who shall be
5 designated by resolution of the council.
6
7 (3) FourThree trustees who shall be members of the system, to be elected by secret
8 ballot by members of the system for periods of three years, provided that not more
9 than two trustees shall be elected from any one city department.
10
11 As the terms of the trustees expire, new trustees shall be elected effective January
12 1 next to fill the vacancies thus created for periods of three years each, provided
13 that in no case shall more than two members be elected from any one department.
14
15 In the event only one member of the system is nominated for a vacancy an
16 election will not be held. That member of the system who is unopposed shall be
17 sworn in following the date on which an election would otherwise be held.
18
19 (4) Two trustees A trustee not a member of the system, to be elected for a period of
20 three years by the other members of the board of trustees. Provided, that if at the
21 time of such election, no other board member is a woman, then one of such.
22 trustees elected shall be a woman. And, provided further, that if at the time of
23 such election, no other board member is a racial minority, then one of such
24 trustees elected shall be a member of a racial minority
25
26 (5) If an elected trustee dies, retires or leaves his or her position prior to completion
27 of the trustee's term, the remaining trustees will select a member of the system to
28 complete the remaining period of that term. Provided in no case shall such
29 selection cause more than two trustees to be from the same department.
30
31 (6) All trustees shall take office at the board meeting immediately following their
32 election or their appointment.
33
34 Section 4. That Sections 4.07, 22-41 and 22-66 of the Omaha Municipal Code of the
35 Omaha Municipal Code as heretofore existing are hereby repealed.
ORDINANCE NO.
PAGE 6
1 Section 5. That this Ordinance shall be in full force and take effect fifteen (15) days from
2 and after the date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED
ATTEST:
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
CITY ATTORNEY DATE
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"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on July 29,2003, at OF O7�/rII 1 A H A
2:00 o'clock p.m., in .the Legislative 1� .I
Chambers, Omaha/Douglas Civic Center,
1819 Farnam Street, at which hearing all RONALD A. HENNINGSEN, Publisher
persons interested,may ben head. � PROOF OF PUBLICATION
AN ORDINANCE to amend Section 4;07'bf
the Omaha Municipal Code dealing with thI,
Metropolitan Entertainmenf.and Convention
Authority, to provide that. •ln" future UNITED STATES OF AMERICA,
appointments, at least one of,'the five
members of the Board Authorityshall.be a The State of Nebraska, S3
racial minority and at least one member-shall District of Nebraska,
be a woman; to repeal Section 4.07 as
heretofore existing; and to provide for the County of Douglas,
effective date hereof. City of Omaha,
BUSTER BROWN,
City Clerk
7-25-03 LYNDA K. HENNINGSEN
being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
July 25, 2003
atf, itxigiAa.er during that time was regularly published and
er4a11ii £tl7iti.-T r the Co of Doug d State of Nebraska.
y• r Y
• �r
y� t CC ON ;' Sub cribed in my presence and to before
14-'90
25th
Pultlisher's Fees $ me this day of
4 6 July 03
dditiofildl gopiA,�$O. 20
/qr 0X44. 3��S. 4.90
Akvw,„� " Notary Publ' 4 foZ6 as*County,
e of Nebraska
•
INTER-OFFICE COMMUNICATION
03 JUL 28 P ' la: .5
JULY 28, 2003
TO: COUNCILMEMBERS AND LOU AND SE •
FROM: JACK CHELOHA, CITY LOBBYIS
• SUBJECT: AGENDA ITEM #24(a)—MECA BOARD
•
Councilmember Brown is proposing an amendment of the whole on Council
agenda item #24 relating to the MECA Board. The amendment would change the
requirements on three City Boards. The three boards are MECA, Civilian Pension and
the Police/Fire Pension Board.
Under the proposal, MECA would stay at five members. After the next two
appointments, the five-member board would have to have a racial minority member and a
female member. Based upon the current makeup of the MECA Board, the next two
vacancies would have to be filled by a female and a racial minority.
The Civilian Pension Board would stay at seven members. If Councilmember
Brown's amendment were to be adopted, one of the seven members would have to be a
woman or a racial minority.
The Police Fire Pension Board would be expanded from seven to nine members.
It will have to have a female member and a racial minority member. The expanded
membership would include one newly elected firefighter member and another trustee
member elected by the other members.
/JC
c: Buster Brown—City Clerk
Paul Landow—Mayor's office
Council Staff
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