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RES 2000-0619 - Agmts with disinterested freeholders re appraising grade damages in st improvement projects F • • of oM"HA'^Fe, R E C E J ,E D Public Works Department • Omaha/Douglas Civic Center �� n 00 FEB r$ P 1819 Famam Street,Suite 601 j + February 29, 2000 �• S Omaha,Nebraska 68183 0601 '� sue'= •-" (402)444-5220 � q/� ( Telefax(402)444-5248 O*ED FEBR� �ry 0 MA HA �R� 1 t � Don W.Elliott,P.E. City of Omaha Public Works Director Hal Daub,Mayor Honorable President and Members of the City Council, Pursuant to Ordinance No. 21610 which was passed by the City Council on January 31, 1961, and became effective on February 16, 1961, it is necessary to appoint three (3) disinterested freeholders who are residents of the City to appraise damages caused by the change of grade or grading on improved streets and alleys. The five (5) appraisers listed herein were nominated as appraisers for the changing of grade committee on a rotating basis for the 2000 Street Construction Program. Thomas E. Stevens William L. Otis H. James Grove Dale L. Evans Paul F. Keller These Contractors have on file a Current Annual Contract Compliance Report Form(CC-1). As is City policy, the Human Relations Director will review the Contractors to ensure compliance with the Contract Compliance Ordinance. The Public Works Department requests your consideration and approval of this Resolution. incerely, Don W. Elliott, P.E. /Dat Director Approved: Referre to City ouncil for Consideration: as.Q,ALAA Rhaek 724-700 cl(lipt2 Kellie Paris-Asaka. ) ate Mayor's Office/TiS Date Human Relations Director P:\PW 1\5050pjm.doc 4 M APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES By this AGREEMENT, entered into thisgdday of / D 1�l/''� , 20 QJ, between the City of Omaha, Nebraska (hereinafter called "City") and Thomas E. Stevens (hereinafter called "Appraiser"), it is hereby agreed that: In return for a fee of two hundred dollars ($200) per eight (8) hour day, pro-rated to actual hours for partial work, per individual, for appraising damages resulting from change of grade or the establishment of grade, it is agreed that Appraiser will perform the following: 1. Appraiser shall act as one member of a three-person Committee appointed by the Mayor from time to time during the calendar year 2000 to appraise damages resulting from change of grade on street projects, all as authorized by Section 26-38 of the Omaha Municipal Code, and shall perform duties as are hereinafter specified, all in accordance with applicable ordinances and laws. 2. The Committee shall promptly make an appraisal of and report their findings as they determine to have been occasioned by such project. 3. The Committee shall, as soon as practical after their appointment,take an oath to perform the duties of their appointment with fidelity and impartiality, and file the same with the City Clerk. 4. The Committee shall then fix a time and place within the City of Omaha for a meeting to hear and consider the statements of claims and damages of property owners and parties interested in the consideration and making of the assessment, determination or award of damages. 5. The Committee shall send a signed notice of the time, place and purpose of such meeting. Stationery and mailing facilities shall be supplied by the City. Where an address has been changed since the City's last abstraction of a property, it shall be the responsibility of the Appraisal Committee to determine the correct name and address of the owner or owners for current record. 6. It shall be the duty of the Committee, upon hearing the statements and claims of property owners and parties interested therein, to consider the same, and without unnecessary delay, assess and determine the damages, if any, to all owners of property or parties interested therein, and upon completing and signing the report, file the same with the City Council for their consideration. 7. Appraiser shall comply with all applicable laws, ordinances and regulations. It is further understood that the Committee shall furnish all available information in their possession to the City. The City will supply the Committee with such information as is necessary to perform this contract. 8. The Committee, in making any award, shall consider and set off against damages ascertained, and special benefits which in its judgment may accrue by reason of the entire improvement proposed. CONDITIONS 1. In performance of this contract, the Appraiser shall not discriminate or permit discrimination against any person in violation of Federal or State or local Ordinances because of race, sex, age, political or religious opinions, or affiliations or national origin. 2. In the event it should become necessary to make any major changes in the work contemplated in this Agreement, equitable adjustments will be made in the contract time and in the fees for such major changes. EXECUTED by the Appraiser this .3//kay of J.e,(nt,(4 ,200z.). Witness /)',GI!f/li�J Gv�� Appraiser Thomas E. Stevens I APPROVED BY�_ �Jl/t�°�V CJTY.,.JE.OMAHA,NEBRASKA Public Works Director �. i' .� BY: Q c;(i<E- 3/ (�G/ATTEST J j ACTING Mayor ate City Clerk ate APPROVED AS TO FO D u CI y Attorney 1 i , OATH The undersigned hereby accept appointment as a committee of freeholders to appraise damages, if any, accruing by reason of change of grade ordered on Street Improvement Districts and Street Improvement Projects and do solemnly swear that they will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that they will bear true faith and allegiance to the same; that they take this obligation freely and without mental reservation on purpose of evasion; and that they will faithfully and impartially perform the duties of their office according to law and to the best of their ability. And they do further swear that they do not advocate, nor are they members of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as they are in this position they will not advocate nor become member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. omas E. Stevens SUBSCRIBED in my,presence by Thomas E. Stevens and sworn to before me by said person this day of —I1.1.61/ i A.D., 2000. ( Jt 4_,( )- GENERAL NOTARY-State of Nebraska SUSAN C.FRANK My Comm.Exp.May 2,2003 APPRAISER'S AGREEMENT FOR DAMAGESnn RESULTING FROM GRADE CHANGES By this AGREEMENT, entered into thi4l9�day of diel Nee, between the City of Omaha,Nebraska(hereinafter called "City")and illiam L. Otis (hereinafter called "Appraiser"), it is hereby agreed that: In return for a fee of two hundred dollars ($200) per eight (8) hour day, pro-rated to actual hours for partial work, per individual, for appraising damages resulting from change of grade or the establishment of grade, it is agreed that Appraiser will perform the following: 1. Appraiser shall act as one member of a three-person Committee appointed by the Mayor from time to time during the calendar year 2000 to appraise damages resulting from'change of grade on street projects, all as authorized by Section 26-38 of the Omaha Municipal Code, and shall perform duties as are hereinafter specified, all in accordance with applicable ordinances and laws. 2. The Committee shall promptly make an appraisal of and report their findings as they determine to have been occasioned by such project. 3. The Committee shall, as soon as practical after their appointment,take an oath to perform the duties of their appointment with fidelity and impartiality, and file the same with the City Clerk. 4. The Committee shall then fix a time and place within the City of Omaha for a meeting to hear and consider the statements of claims and damages of property owners and parties interested in the consideration and making of the assessment,determination or award of damages. 5. The Committee shall send a signed notice of the time, place and purpose of such meeting. Stationery and mailing facilities shall be supplied by the City. Where an address has been changed since the City's last abstraction of a property, it shall be the responsibility of the Appraisal Committee to determine the correct name and address of the owner or owners for current record. 6. It shall be the duty of the Committee, upon hearing the statements and claims of property owners and parties interested therein, to consider the same, and without unnecessary delay, assess and determine the damages, if any, to all owners of property or parties interested therein, and upon completing and signing the report, file the same with the City Council for their consideration. 7. Appraiser shall comply with all applicable laws, ordinances and regulations. It is further understood that the Committee shall furnish all available information in their possession to the City. The City will supply the Committee with such information as is necessary to perform this contract. 8. The Committee, in making any award, shall consider and set off against damages ascertained, and special benefits which in its judgment may accrue by reason of the entire improvement proposed. CONDITIONS 1. In performance of this contract, the Appraiser shall not discriminate or permit discrimination against any person in violation of Federal or State or local Ordinances because of race, sex, age, political or religious opinions, or affiliations or national origin. 2. In the event it should become necessary to make any major changes in the work contemplated in this Agreement, equitable adjustments will be made in the contract time and in the fees for such major changes. EXECUTED by the Appraiser this Xikday of 4d1(id-d., 0 • Witness 04l,(,A__) r , k„).1%44,clAppraiser __J William L. i' APPROVED BY,: l-,c `� '1 ifrCITY OF()MAMA',' 1vEBIZASKA , Public Works Director ;-' / Kam BY ��. _Q 3 FATTEST: % ..wee, ',. ACTING Mayor Date City Clerk ;_ ate APPROVED AS TO FORM: { '.` _ :; e ty ity Attorney OATH The undersigned hereby accept appointment as a committee of freeholders to appraise damages, if any, accruing by reason of change of grade ordered on Street Improvement Districts and Street Improvement Projects and do solemnly swear that they will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that they will bear true faith and allegiance to the same; that they take this obligation freely and without mental reservation on purpose of evasion; and that they will faithfully and impartially perform the duties of their office according to law and to the best of their ability. And they do further swear that they do not advocate, nor are they members of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as they are in this position they will not advocate nor become member of any political party or organization that advocates the overthrow of the government of the United States or of thi State by force or violence. William L. ti SUBSCRIBED in my presence William L. Otis to before me by each said this cZoilc day of 4? 4 A.D., 2000. APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES By this AGREEMENT, entered into thisalP/day of /2 ett , 20 moo, between the City of Omaha;:Nebraska(hereinafter called"City") and H. James Grove(hereinafter called "Appraiser"), it is hereby agreed that: In return for a fee of two hundred dollars ($200) per eight (8) hour day, pro-rated to actual hours for partial work, per individual, for appraising damages resulting from change of grade or the establishment of grade, it is agreed that Appraiser will perform the following: 1. Appraiser shall act as one member of a three-person Committee appointed by the Mayor from time to time during the calendar year 2000 to appraise damages resulting from change of grade on street projects, all as authorized by Section 26-38 of the Omaha Municipal Code, and shall perform duties as are hereinafter specified, all in accordance with applicable ordinances and laws. 2. The Committee shall promptly make an appraisal of and report their findings as they determine to have been occasioned by such project. 3. The Committee shall, as soon as practical after their appointment, take an oath to perform the duties of their appointment with fidelity and impartiality, and file the same with the City Clerk. 4. The Committee shall then fix a time and place within the City of Omaha for a meeting to hear and consider the statements of claims and damages of property owners and parties interested in the consideration and making of the assessment, determination or award of damages. 5. The Committee shall send a signed notice of the time, place and purpose of such meeting. Stationery and mailing facilities shall be supplied by the City. Where an address has been changed since the City's last abstraction of a property, it shall be the responsibility of the Appraisal Committee to determine the correct name and address of the owner or owners for current record. 6. It shall be the duty of the Committee, upon hearing the statements and claims of property owners and parties interested therein, to consider the same, and without unnecessary delay, assess and determine the damages, if any, to all owners of property or parties interested therein, and upon completing and signing the report,file the same with the City Council for their consideration. 7. Appraiser shall comply with all applicable laws, ordinances and regulations. It is further understood that the Committee shall furnish all available information in their possession to the City. The City will supply the Committee with such information as is necessary to perform this contract. 8. The Committee, in making any award, shall consider and set off against damages ascertained, and special benefits which in its judgment may accrue by reason of the entire improvement proposed. CONDITIONS 1. In performance of this contract, the Appraiser shall not discriminate or permit discrimination against any person in violation of Federal or State or local Ordinances because of race, sex, age, political or religious opinions, or affiliations or national origin. 2. In the event it should become necessary to make any major changes in the work contemplated in this Agreement, equitable adjustments will be made in the contract time and in the fees for such major changes. EXECUTED by the Appraiser this3/LJday of ,200D . Witness e Appraiser AGrove- G-12- APPROVED B�Z� j\ u CITY OF OIV�AHA;NEBRASKA Public Works Direc or By:-PCL c . -i � 4 A ATTEST: r� -.._�, „ACTING Mayor Date City Clerk ate APPROVED AS TO FORM. D u C Attorney -r OATH The undersigned hereby accept appointment as a committee of freeholders to appraise damages, if any, accruing by reason of change of grade ordered on Street Improvement Districts and Street Improvement Projects and do solemnly swear that they will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that they will bear true faith and allegiance to the same; that they take this obligation freely and without mental reservation on purpose of evasion; and that they will faithfully and impartially perform the duties of their office according to law and to the best of their ability. And they do further swear that they do not advocate, nor are they members of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as they are in this position they will not advocate nor become member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. I�. a Grove SUBSCRIBED in my presence by H. James Grove and sworn to before me by said person this tz,,Cday of ,'1,d)-1' Ju/ A.D., 2000. GENERAL NOTARY-State of Nebraska ,C � C. 0 .z.,� III SUSAN C.MFRANK 3 my Comm.Exp. Y APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES By this AGREEMENT, entered into thisp?,teday of 4 d , 20 Gz, between the City of Omaha, Nebraska (hereinafter called "City") and Dale L. Evans (hereinafter called "Appraiser"), it is hereby agreed that: In return for a fee of two hundred dollars ($200) per eight (8) hour day, pro-rated to actual hours for partial work, per individual, for appraising damages resulting from change of grade or the establishment of grade, it is agreed that Appraiser will perform the following: 1. Appraiser shall act as one member of a three-person Committee appointed by the Mayor from time to time during the calendar year 2000 to appraise damages resulting from change of grade on street projects, all as authorized by Section 26-38 of the Omaha Municipal Code, and shall perform duties as are hereinafter specified, all in accordance with applicable ordinances and laws. 2. The Committee shall promptly make an appraisal of and report their findings as they determine to have been occasioned by such project. 3. The Committee shall, as soon as practical after their appointment,take an oath to perform the duties of their appointment with fidelity and impartiality, and file the same with the City Clerk. 4. The Committee shall then fix a time and place within the City of Omaha for a meeting to hear and consider the statements of claims and damages of property owners and parties interested in the consideration and making of the assessment, determination or award of damages. 5. The Committee shall send a signed notice of the time, place and purpose of such meeting. Stationery and mailing facilities shall be supplied by the City. Where an address has been changed since the City's last abstraction of a property, it shall be the responsibility of the Appraisal Committee to determine the correct name and address of the owner or owners for current record. 6. It shall be the duty of the Committee, upon hearing the statements and claims of property owners and parties interested therein, to consider the same, and without unnecessary delay, assess and determine the damages, if any, to all owners of property or parties interested therein, and upon completing and signing the report, file the same with the City Council for their consideration. 7. Appraiser shall comply with all applicable laws, ordinances and regulations. It is further understood that the Committee shall furnish all available information in their possession to the City. The City will supply the Committee with such information as is necessary to perform this contract. 8. The Committee, in making any award, shall consider and set off against damages ascertained, and special benefits which in its judgment may accrue by reason of the entire improvement proposed. CONDITIONS 1. In performance of this contract, the Appraiser shall not discriminate or permit discrimination against any person in violation of Federal or State or local Ordinances because of race, sex, age, political or religious opinions, or affiliations or national origin. 2. In the event it should become necessary to make any major changes in the work contemplated in this Agreement, equitable adjustments will be made in the contract time and in the fees for such major changes. EXECUTED by the Appraiser this)Lf day of , 20 O O. Witness Aa,e ,,,/," C tj.../Lea-cLolf, Appraiser /::::.W1/.:044.4.___ Dale L. Evans APPROVED B ri^V) �1t1d V CITY OF O AHA,:NEBRASKA Public Works Directo BY: .3 TTEST: /✓ ACTING Mayor ate City Clerk , _ Date APPROVED AS TO FORM D u CI y Attorney - ,, i a . OATH The undersigned hereby accept appointment as a committee of freeholders to appraise damages, if any, accruing by reason of change of grade ordered on Street Improvement Districts and Street Improvement Projects and do solemnly swear that they will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that they will bear true faith and allegiance to the same; that they take this obligation freely and without mental reservation on purpose of evasion; and that they will faithfully and impartially perform the duties of their office according to law and to the best of their ability. And they do further swear that they do not advocate,nor are they members of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as they are in this position they will not advocate nor become member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. i/L21-1 Dale L. Evans SUBSCRIBED in my presence by Dale L. Evans and sworn to before me by said person this /477w day of J.4/�1,u44y A.D., 2000. GENERAL NOTARY-State of Nebraska .71 SUSAN C.FRANKi-1/, �• I'i`� My Comm.Exp.May 2,20 APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES o" By this AGREEMENT, entered into thist day of f ti1 ,49Z , between the City of Omaha, Nebraska (hereinafter called "City") and Paul Keller (hereinafter called "Appraiser"), it is hereby agreed that: In return for a fee of two hundred dollars ($200) per eight (8) hour day, pro-rated to actual hours for partial work, per individual, for appraising damages resulting from change of grade or the establishment of grade, it is agreed that Appraiser will perform the following: 1. Appraiser shall act as one member of a three-person Committee appointed by the Mayor from time to time during the calendar year 2000 to appraise damages resulting from change of grade on street projects, all as authorized by Section 26-38 of the Omaha Municipal Code, and shall perform duties as are hereinafter specified, all in accordance with applicable ordinances and laws. 2. The Committee shall promptly make an appraisal of and report their findings as they determine to have been occasioned by such project. 3. The Committee shall, as soon as practical after their appointment,take an oath to perform the duties of their appointment with fidelity and impartiality, and file the same with the City Clerk. 4. The Committee shall then fix a time and place within the City of Omaha for a meeting to hear and consider the statements of claims and damages of property owners and parties interested in the consideration and making of the assessment, determination or award of damages. 5. The Committee shall send a signed notice of the time, place and purpose of such meeting. Stationery and mailing facilities shall be supplied by the City. Where an address has been changed since the City's last abstraction of a property, it shall be the responsibility of the Appraisal Committee to determine the correct name and address of the owner or owners for current record. 6. It shall be the duty of the Committee, upon hearing the statements and claims of property owners and parties interested therein, to consider the same, and without unnecessary delay, assess and determine the damages, if any, to all owners of property or parties interested therein, and upon completing and signing the report, file the same with the City Council for their consideration. 7. Appraiser shall comply with all applicable laws, ordinances and regulations. It is further understood that the Committee shall furnish all available information in their possession to the City. The City will supply the Committee with such information as is necessary to perform this contract. 8. The Committee, in making any award, shall consider and set off against damages ascertained, and special benefits which in its judgment may accrue by reason of the entire improvement proposed. CONDITIONS 1. In performance of this contract, the Appraiser shall not discriminate or permit discrimination against any person in violation of Federal or State or local Ordinances because of race, sex, age, political or religious opinions, or affiliations or national origin. 2. In the event it should become necessary to make any major changes in the work contemplated in this Agreement, equitable adjustments will be made in the contract time and in the fees for such major changes. EXECUTED by the Appraiser this day of 20 Witness Appraiser P P ,7 .9.__ Paul Keller APPROVED B CITY O 4ABA,NEBRASKA Public Works Director '. y r J BY Z ,LA..Qp2 �/" xdop; d ACTING Mayor ate ;t ysC l.,rk ~ to APPROVED AS TO FORM. • De ty t Attorney - ;r a ;m .\ OATH The undersigned hereby accept appointment as a committee of freeholders to appraise damages, if any, accruing by reason of change of grade ordered on Street Improvement Districts and Street Improvement Projects and do solemnly swear that they will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that they will bear true faith and allegiance to the same; that they take this obligation freely and without mental reservation on purpose of evasion; and that they will faithfully and impartially perform the duties of their office according to law and to the best of their ability. And they do further swear that they do not advocate, nor are they members of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as they are in this position they will not advocate nor become member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. 1Pettd2-- iT.(,e) . Paul Keller SUBSCRIBED in my presence by Paul Keller and sworn to before me by said person this —7--'' day of —X0)-P,-) A.D., 2000. III GENERAL NOTARY-State of Nebraska ,,-044,. l ,- 4j/Z SUSAN C.FRANK My Comm.Exp.May 2,2003 ` c-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr February 29, 2000 • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: . WHEREAS, in connection with the proposed improvements of streets'within street improvement districts and street improvement projects during the construction year of 2000, it is necessary to execute appraisers' agreements for damages resulting from grade changes; and, WHEREAS,five (5) disinterested freeholders,Thomas E. Stevens,William L. Otis, H.James Grove,Dale L. Evans and Paul F. Keller, appointed by the Mayor,have agreed by contract to serve as members on a rotating basis of a three-man committee to appraise possible damages arising by reason of change of grading street improvement districts and street improvement projects during the construction year of 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, it does approve the agreements between the City of Omaha and five (5) disinterested freeholders,Thomas E. Stevens,William L. Otis, H. James Grove,Dale L. Evans and Paul F. Keller, which contain provisions relative to appraising possible grade damages arising in street improvement districts and street improvement projects during the construction year of 2000. FURTHER THAT,the Mayor and the City Clerk are hereby authorized and directed, for and on behalf of the City of Omaha, execute the appraisers' agreements for damages resulting from grade changes for each five (5) appraisers, which are attached hereto and made a part hereof. APPROVED AS TO FORM: � SOD CITY ATTORNEY DA'1' P:\PW1\5051pjm.doc PaA4 4- - By J� `l - Cciuncilmember Adopted EB 2 9 200 City Cle 1t . r Approved ? <?C ee ACTING Mayor \ . - . . , 1 7 ` 4 ® n w g ® / .§ / 2 7 ) o k ° 7 G ) g / Si) § k § E. R k 3 9 C 8 N' P a' _E 9 § §`/ n / m ° a - en ° CA ° 0 ° C\ 9 p \ ^ * 7 E �� m F ...-P"' R ° S m $ U'l7 2 o ° CZ ^` 0 ^ ® / $ � E / q ? \ k -` q § N \ co n . i i i \ i $ i k q • 0 r \ n / q 56 § 0 7 J P CD a q ? 9 ƒ a ® 8 / k § § § n / wit:. ,. 0 O - 5 0 2. 2. % k & E. 3 9 m / `C t - \ L \ : . . . . , . ... , , ......... _ ,, : \ .' \ •d § \ / - / ' . ,\ \ »! w< � � 2«\«