RES 1998-1641 - Settle case Boyd and Angela Braman v City of Omaha r
OMAHA.Nlcb
l 41. • Law Department
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a�► rg Omaha/Douglas Civic Center
1�Z�'.� 1819 Famam Street,Suite 804
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® 1!'` i►: ro Omaha,Nebraska 68183-0804
(402)444-5115
rFD FEBRo���ry Telefax(402)444-5125
Paul D.Kratc
City of Omaha
Hal Daub,Mayor City Attorney
Honorable President
and Members of the City Council,
Attached for your consideration is a Resolution authorizing the settlement of a lawsuit presently
pending in the Douglas County District Court, entitled Boyd Braman and Angela Braman v. City
of Omaha, Doc. 960 No. 934. This lawsuit and the claims of Boyd and Angela Braman arise out of
two sewer backups which occurred on July 22, 1996 and July 27, 1996. These sewer backups were
related to a sewer separation construction project near 65th and Blondo Streets. Under the resolution,
this lawsuit and these claims would be settled upon payment by the City of Omaha to Boyd and
Angela Braman in the amount of$25,000.00.
Settlement of this case is recommended by the Law Department.
Your favorable consideration and passage of this Resolution is respectfully requested.
Res lly submitted Referred to City Council for Consideration:
/ir/rg
Rosemarie B. Lee Date Mayor's Office/Title Date
Associate City Attorney
Approved as to Funding:
„4-.6.
fira41: 44-4
ouis A. D' cole Date
Finance Director
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 4 19
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RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on July 22, 1996 and July 27, 1996, sewer backups.occurred at the
residence of Boyd and Angela Braman,2021 North 66th Street in Omaha,Douglas County, Nebraska,
these sewer backups were related to a sewer.separation construction project near 65th and Blondo
Streets; and, .
WHEREAS,a lawsuit has been filed against the City of Omaha in the Douglas County
District Court, in a case entitled Boyd and Angela Braman v. City of Omaha, Doc. 960 No. 934,
wherein Plaintiffs contend that they suffered substantial damages arising out of the said July 22, 1996
and July 27, 1996 sewer backups; and;
WHEREAS,the allegations of the Plaintiffs and the contentions of the City constitute
disputed claims; and,
•
• WHEREAS;the factual circumstances of the incident and the resulting nature of the
damages to the Plaintiffs,Boyd and Angela Braman, suggest that it would be in the best interest of
the City of Omaha and the residents thereof to resolve these disputed claims by compromise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE .
CITY OF OMAHA:'
• V THAT,the Law Department of the City of Omaha conclude the pending litigation in
the case of Boyd and Angela Braman v. City of Omaha, in lawful manner by payment to or for the
benefitof the Plaintiffs,Boyd and Angela Braman in the amount of$25,000.00; and that the Finance
Department issue such warrant as necessary, said funds to be paid from the Contingency Liability •
Reserve Fund,Fund No. 104,Agency 195,Organization 1951.
APPROVED AS TO FORM:
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SSI TANT CITY ATTO Y DATE
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Adopted JUN ..6.,19.98 • —d
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