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RES 2022-0621 - 2022 Omaha Triathlon temporary use City Clerk Office Use Only: RESOLUTION NO. VU'(�n2 I Publication Date (if pplic ble): �-�/L2 I Agenda Date:_ 2 2022 Department: (f1 !IG r S Submitter: CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Mimran Event Management company desires to hold a triathlon event called the Omaha Triathlon on an annually recurring basis, utilizing County Road 17(State Street/Lake Cunningham Road)from Wenninghoff Road to 72nd Street, 72nd Street from County Road 17 (State Street/Lake Cunningham Road) to State Highway 36 and State Highway 36 from 72nd Street to 108th Street as a portion of the event course for bicycling; and, WHEREAS, the entire route is within the zoning jurisdiction of the City of Omaha; and, WHEREAS, the City is not a co-sponsor of such Omaha Triathlon but officially designates on behalf of the City of Omaha the Omaha Triathlon as a special event under 2011 Legislative Bill 589 and NEB. REV. STAT. §39-1359 R.R.S; and, WHEREAS,the Event's operator("Operator")desires, and the City of Omaha and Douglas County agree to provide, certain traffic control services for the Event, within Omaha's corporate limits and the County's jurisdiction: and, WHEREAS, Section 39-1359 R.R.S. was amended on May 24, 2011, by 2011 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., as amended by 2011 Legislative Bill 589, 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 County Road 17(State Street/Lake Cunningham Road)from Wenninghoff Road to 72nd Street, 72nd Street from County Road 17 (State Street/Lake Cunningham Road) to State Highway 36 and State Highway 36 from 72nd Street to 108th Street recurring on an annual basis, for a part of the bicycling portion of Mimran Event Management's special event, the Omana Triathlon. VED 2022-12mpg 6I3I2-2 CITY ATTORNEY DATE Adopted: J U N 2 8 2022 Ate>t: K[At ba4,; '(}, _— DEpUTyCity Clerk Approved: Mayor