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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 P:\Law 1\9060pjm.doc c 0 o o IQ a C CD 1 Cr w ,1V�1 k 01 \ IN a Cr k< oV k 0 4 0 13 0 'V ET co u W C N I" M n 1-1 o = 0 c a Z 1-4 7 Z Z i Z GI A m T = R1 = o En a 3 a D rnn Vis m A CDp� - axiovoan4o (0 Z m o o n) ri. 3 rr � 2 0Ill `; o cn o ru - - Zm• v rt -c � � (D3 m Z _ n- rot cu -1 fll fl. = rr O' o O 0 0 0 fl- D `� o 0 n a3 ri.c O rr d I C - 0 A 70 \ ` • z A. Ort n0—i -, p 'a Q n r�D O r-r flJ 4W i 1■�1 cQ -I rt = 3 -r, (D -0 ((nD A 0 \ Q p) 12 o N �1 rt r0-r an C-F R. Z .,.� ` \ N Q f rD N CDD F) = O rD = \w' P V "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 1 00 0 n cr 1 c , H ' t it to a. goo C7 w ' o r . o P P P. n bd o 11% \ --t CD • q 1 V 1