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
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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'
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Adopted EB 2 9 200
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Approved ? <?C
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