RES 2001-1983 - Creat joint study committee with Douglas County to review city-county merger options •
A,— ,
RECEIVED
U ,..z �7
it,,„ire t Office of the Mayor
•
®. r E'l � �^ 19 Famam Street,Suite 300
Z =N 01 JUL,1�lt 3 I P'� �• �0
o F'- _`. Omaha,Nebraska 68183-0300
9A�ro
(402)444-5000
�°''ED FEBR�`"� C l T Y CLERK FAX:(402)444-6059
City of Omaha OMAHA, NEBRASKA
Mike Fahey,Mayor
/ 9&3
g-/ 7/0/. ' —
Honorable President
' and Members of the City Council,
The purpose of the attached Resolution is to authorize the creation of a seven member joint study
committee with Douglas County to review city-county merger options to economically,
efficiently and effectively perform city and county governmental functions. The committee will
complete its work and prepare a final report on or before September 1, 2002.
and }ConCiitiit by . (I
Three of the committee members will be appointed by the Mayor three by the County and one
jointly by agreement of the Mayor and County. The City will pay one half of the expense of the
committee, up to a maximum of$50,000.00
Your favorable consideration is requested.
Respectfully submitted, Approved as to Funding:
eitivA-74.....) 7/3/1/
Mike Fahey Stanley P. Date
Mayor - Finance Director
P:\MAY\10263f.doc
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LB 142 LB 142
LEGISLATIVE BILL 142
Approved by the Governor May 31, 2001
Introduced by Schimek, 27; Aguilar, 35; Brown, 6; Cudaback, 36; Kremer, 34;
Quandahl, 31; Wickersham, 49
AN ACT relating to local government; to amend sections 9-625, 10-131, 10-133,
10-142, 13-804, 13-2202, 14-2116, 23-2323.03, 32-567, 39-2501,
39-2503, 39-2504, 39-2507, 39-2508, 39-2509, 39-2511, 39-2512,
39-2513, 39-2514, 39-2517, 39-2518, 39-2519, 66-4,148, 77-2711, and
77-4106, Reissue Revised Statutes of Nebraska, and sections 10-127,
13-503, 13-2401, 13-2504, 23-1118, 23-2301, 23-2306, 23-2331,
57-1302, 74-1305, 77-2704.31, 77-3442, 77-3443, and 77-4105, Revised
Statutes Supplement, 2000; to authorize creation of municipal
counties; to authorize a local sales and use tax; to provide
retirement benefits; to harmonize provisions; and to repeal the
original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. (1) One or more counties and at least one of the
municipalities in each county may create a municipal county to carry out all
county services and all municipal services. The process of creating a
municipal county shall begin by passage of a joint resolution by the governing
bodies of the counties and municipalities involved. The joint resolution may
be initiated by the governing bodies or by petition as provided in subsection
(2) of this section.
(2) Whenever registered voters of any county and of at least one
municipality in the county, equal in number to ten percent of the total vote
cast for Governor in the county or municipality at the preceding election,
petition the respective county board and city council or village board of
trustees to pass a resolution as contemplated by this section, it shall be the
duty of the county board and city council or village board to pass a joint
resolution creating an interjurisdictional planning commission. Petitions
shall be filed with the county clerk, election commissioner, city clerk, or
other officer having charge of the records of the governing body. The
official shall ascertain the number of registered voters signing such
petitions and transmit his or her findings, along with the petition, to the
county board and city council or village board of trustees.
(3) Within ninety days after the passage of the joint resolution or
within ninety days after receipt of a petition by the registered voters, the
governing bodies of the counties and municipalities involved shall create an
interjurisdictional planning commission. A commission may also be created by
the district court having jurisdiction over the counties and municipalities
involved upon the failure by the counties and municipalities to pass a joint
resolution after submission of a petition by the registered voters. The
commission shall have no less than nine members and no more than twenty-one
members representing the counties and municipalities involved as determined by _--
the governing bodies of the counties and municipalities involved in order to
achieve proportionate representation. The governing bodies shall select the
members. Representation on the commission shall be prorated based upon
population of the counties and municipalities involved, except that (a) each
county and each municipality involved shall have at least one representative
selected by its respective governing body and (b) not more than forty percent
of the total membership shall be public officials. Meetings of the commission
shall be subject to sections 84-1408 to 84-1414.
(4) (a) The commission shall hold at least one public hearing prior
to preparing the plan for the creation of the municipal county, study all
governmental subdivisions in the affected area, and then make a determination
of whether creation of a municipal county is in the public interest. If it is
not in the public interest to do so, the commission shall issue a report
stating its findings, including, but not limited to, any recommendations
regarding (i) interlocal agreements, (ii) agreements to provide for the joint
delivery of services, or (iii) any other such recommendations. If it is in
the public interest to do so, the commission shall prepare one plan for the
creation of the municipal county. Such plan shall be approved by the
governing body of each county and each municipality involved prior to
submission of the issue to a vote of the registered voters unless the
commission was created by a petition of the registered voters.
(b) The plan shall specify (i) which counties and municipalities
will be dissolved upon creation of the municipal county, (ii) the form of
-1-
R EQ U EST TO LAW
u. 6 2po,, 1:2) FOR LAW DEPARTMENT USE ONLY
TO: HERBERT M. FITLE, CITY O•' 9 I
� ), LOG BOOK# 147-01 = MAYOR
/
DATE ASSIGNED 7/0 /01
/� /6 DATE: i 70 ASSIGNED TO 0Q. vei
ANSWERED/SENT OUT [ -.71'O (
WITHDRAWN
REQUEST BEING MADE BY: -
r s-reJ(Se/\I il\iu,2 S D c..E. X S-0 3
(Name) ( DEPARTMENT) (PHONE)
TIME LINE: (Due Date) r())‹. 7 /J r? COvtAJCLrL_ COV .0641-7 °/\/
(1 2 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
46-5oc.4/1.YS-o/l � -itOgTZE-Af ..;./riv THt' Cat-f 0A) 01
REQUEST FOR: A J.D1)4 C.74vav rr(r..E 10 T -/ CITY/!love;/M -R6E? S AS ff0 Q�-D
(STATE SPECIFICALLY WHAT YOU ARE REQUESTING)
DETAILS: (Do Not State 'See Attached).
A S JL, 1, ,h 1 I Ll Z- pi c 4 47 t&. ►r- 9A is 1-,P K `f Co 1 /V ( S S 1�
5 kJ( n,/ s 14.:.,-0\ A 1 /n.0-071 4ws I716 ...11-a.-: 2) I u.kle-Y s
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INFORMATION ATTACHED: YES (A NO NONE AVAILABLE
REVISED: 10/96
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MOTION BY COUNCILMEMBER
I hereby move that Council Document No. /9.fs"2.: , Current Series, be amended in the
whole by deleting the Resolution in its entirety and substituting in lieu thereof the attached
Resolution.
APPROVED AS TO FORM:
r_7-of
AS TANT CITY ATTORNEY DATE
P:\Lawl\12186z.doc
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C 25A . Clirlf OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, in the Ninety-Seventh Legislature, First Session, the Nebraska
Legislature enacted Legislative Bill No. 142 which permits the creation of municipal counties,
by one or more counties and at least one of the municipalities in each county, to perform all of
the municipal and county services of such local governments; and,
WHEREAS, the City of Omaha and the County of Douglas desire to create a joint
committee to study city-county merger options to economically, efficiently and effectively
perform city and county governmental functions including the method provided in LB 142, the
use of interlocal agreements, consolidation of functions, and through other joint service delivery
methods; and,
WHEREAS such joint study committee shall consist of seven persons who shall
be either elected officials, career public servants or experts representing the private sector, three
of whom shall be appointed by-the Mayor and confirmed by the Council, three of whom shall be
appointed by the County and one of whom shall be appointed jointly by agreement of the County
and Mayor with confirmation by the Council; and,
WHEREAS, upon enactment of a corresponding joint study committee resolution
by the County Commissioners of the County of Douglas, the Mayor shall appoint three persons
to such joint study committee and agree with the County on appointment of one other member - ' -
and seek confirmation from the Council of such persons; and,
WHEREAS, such joint study committee shall complete its work and prepare a
final report with its recommendations to the Mayor, Omaha City Council and Douglas County
Board on or before September 1, 2002; and,
WHEREAS, the expenses of such joint study committee shall be shared equally
by the City and County with the City's share, in an amount not to exceed $50,000.00, paid from
Fund No. 124 Interjurisdictional Planning Commission Support Fund, Organization No. 1831
Merger Study; and,
WHEREAS, it is in the best interests of the citizens of the City of Omaha for the
City to cooperate in such joint study committee with the County.
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
1
c 25A , Cl if OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
•
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, upon enactment of a corresponding joint study committee resolution by.
the County Commissioners of the County of Douglas, there shall be created a joint City-County
committee consisting of seven persons who shall be either elected officials, career public
servants, or experts representing the private sector, three of whom shall be appointed by the
Mayor and confirmed by the.Council, three of whom shall be appointed by the County and one
of whom shall be appointed jointly by agreement of the County and the Mayor with confirmation
by the Council, (1) to study city-county merger options to economically and effectively perform
city and county governmental functions including the method provided in LB 142, the use of
interlocal agreements, and through other joint service delivery and (2) to make
recommendations, in -a final-report to the Mayor, Omaha City Council and Douglas County
Board prepared not later than September 1, 2002; and,
FURTHER THAT, the Finance Director is authorized to pay one-half of the
expenses of such joint study committee, with the City's share not to exceed $50,000.00, from
Fund No. 124 Interjurisdictional Planning Commission Support Fund, Organization No. 1831
Merger Study.
APPROVED AS TO FORM:
61. I7 a
ASS`IS(TANT CITY ATTORNEY DATE
P:\Lawl\12187Z.doc
By .
Councilmember
Adopted
City Clerk
Approved
Mayor
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C-25 A ' • CITY Or OMAHA j''�- 'cQ�G.
/ �it3 /7/01.
• LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, in the Ninety-Seventh Legislature, First Session, the Nebraska
Legislature enacted Legislative Bill No. 142 which permits the creation of municipal counties,
by one or more counties and at least one of the municipalities in each county, to perform all of
the municipal and county services of such local governments; and,
WHEREAS, the City of Omaha and the County of Douglas desire to create a joint
committee to study city-county merger options to economically, efficiently and effectively
perform city and county governmental functions including the method provided in LB 142, the �.
use of interlocal agreements, consolidation of functions, and through other joint service delivery :I
methods; and, ;I
WHEREAS such joint study committee shall consist of seven persons who shall
be either elected officials, career public servants or experts representing the private sector, three
of whom shall be appointed by the Mayor and confirmed by the Council, three of whom shall be
appointed by the County and one of whom shall be appointed jointly by agreement of the County
and Mayor with confirmation by the Council; and,
WHEREAS, upon enactment of a corresponding joint study committee resolution
by the County Commissioners of the County of Douglas, the Mayor shall appoint three persons
to such joint study committee and agree with the County on appointment of one other member
and seek confirmation from the Council of such persons; and,
WHEREAS, such joint study committee shall complete its work and prepare a
final report with its recommendations to the Mayor, Omaha City Council and Douglas County °I
Board on or before September 1, 2002; and,
WHEREAS, the expenses of such joint study committee shall be shared equally
by the City and County with the City's share, in an amount not to exceed $50,000.00, paid from
Fund No. 124 Interjurisdictional Planning Commission Support Fund, Organization No. 1831
Merger Study; and,
-WHEREAS, it is in the best interests of the citizens of the City of Omaha for the
City to cooperate in such joint study committee with the County.
• By
Councilmember
Adopted
City Clerk
Approved
Mayor
�1
r CITY OF OM�AHA
LEGISLATIVE CHAMBER `
J k
Omaha,Nebr
Page 2 ,,.
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 'I',
CITY OF OMAHA:
THAT, upon enactment of a corresponding joint study committee resolution by
il the County Commissioners of the County of Douglas,V there shall be created a joint City-County •>
committee consisting of'seven persons who shall be either elected officials, career public t=,.
servants, or experts representing the private sector, three of whom shall be appointed by the
.
�,.:. Mayor and confirmed by'the Council, three of whom shall be appointe&by the County and one 6 „1
of whom shall be appointed jointly by agreement of the County and the Mayor with confirmation '"
" I by;the Council, (1) to study city-county merger options to economically and effectively perform
city and county governmental fupctions including the method provided in LB 142, the use of s.Yll
interlocal agreements, and through other' joint service delivery and (2) to make 4 z'
recommendations;in 'a final `report to the Mayor, Omaha City Council and Douglas County '' i,11
I
Board prepared not later than September 1, 2002; and, j •r it
FURTHER THAT, the Finance Director is� authorized to pay one-half of the
`= expenses of such joint study committee, with the City's share not to exceed $50;000.00, from
y Fund No. 124 Interjurisdictional Planning Commission Support Fund, Organization No. 1831 i
Merger Study. -,
'• . APPROVED AS TO FORM:
-/----761.' al-t-e--- i 2-a/
4 L AS TANT CITY ATTORNEY DATE . ••.
01
P:\Law1\12187Z.doc :'1
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