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RES 1998-1641 - Settle case Boyd and Angela Braman v City of Omaha r OMAHA.Nlcb l 41. • Law Department � a�► rg Omaha/Douglas Civic Center 1�Z�'.� 1819 Famam Street,Suite 804 r C _ , ® 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 P:\LAW\3918.PJM f • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 4 19 a 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: -....17)..) '7--(/lY ASS': SSI TANT CITY ATTO Y DATE P:\LAW'3919:PJM By.. '\, ui a nember Adopted JUN ..6.,19.98 • —d City Clerk Approved.. /,. �� se. * 0 ayor ' !l el t. :. ._b, o.:n � � 02 Old Xs k.. . • , : . . . . . . . '.. •• • . -. : crtz- (7,-+ ci) i-ri cr, A,E.,00:4., p,,._k ,....-,.. 0,E..• .. .• . . ›. 5. FA 5- 0 . . . . 4 , . .3 ., .._ u . . . .... . 0 ._.0 ,_,,. o g. '...z<r. . z .1. . k\ ..e) (-1 . .. Q r p0p. • IllifliUl K—. " • ‘• \ • 5 • O ^, CD .+ f!Q " O PA) ►on co..*o-n • i• • • • , • • ... . - _ a