RES 1996-0146 - Agmts with Rober E Wear Sr, Dale L Evans, and Max V Brager, for appraising possible grade damages "Xe
- \?. January 23, 1996 . ` � � ;`,,, r 1
TFD FEBO) Honorable President t-.i 1, r;' - ,
City of Omaha
Hal Daub,Mayor and Members of the City Council,
Public Works Department
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 601 Pursuant to Ordinance No. 21610 which was passed by the City Council on
Omaha,Nebraska 68183-0601
(402)444-5220 January 31, 1961, and became effective on February 16, 1961, it is necessary to
Telefax(402)444-5248 execute three (3) appraisers' agreements. The three (3) appraisers listed herein
Don W.Elliott,P.E. were nominated as appraisers for the changing of grade committees for the 1996
Public Works Director Street Construction Program.
Robert E. Wear, Sr.
Dale L. Evans
Max V. Brager
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.
Sincerely,
al
Don W. Elliott, P.E.
Director
Approved: Referred to the City Council for
Consideration:
r . 4_17 ../(fr,73 .._
eorge L a 's, Jr. Mayor's Office/Title
Acting an Relations Director
P:\PW\3296.SKZ •
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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.
•
sti '
Robert E. Wear, Sr.
531 1:4)-114
Dale L. Evans
Max V. Brager
SUBSCRIBED in my presence by Robert E. Wear, Sr., Dale L. Evans and Max V. Brager
and sworn to before me by each said persons this 44 day of (9 'x • A.D.,
1996.
GENERAL NOTARY-State of Nebraska
SUSAN C.FRANK
'.:•:"�" •• My Comm.Exp.goy 2,1999
APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES
By this AGREEMENT, entered into this day of , 19 , between the City
of Omaha,Nebraska(hereinafter called"City") and Robert E. Wear, Sr. (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 1995, 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.O'( day of &. . , 19 �
Witness �� /hl L� , / � Apprais
Robert F. Wear, Sr.
APPROVED B CITY OF OMAHA,NEBRASKA
Pu is W k Directo •
Mayor Date 1 36 (oCi Clerk Date //30/74
APPROVED AS TO FORM:
si"start Ci orney
APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES
By this AGREEMENT, entered into this day of , 19 ,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 1996 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 Ottday of / ✓. , 19
Witness af. (/IrJ i; jJ"Lai?L '> Appraiser G4 t
Dale L.Evans
APPROVED CITY OF OMAHA,NEBRASKA
Public Wr irks Director
BY: ATTEST:
yor Date City Cler /�at�1�
APPROVED AS TO FORM:
%sstant`Ci mey
M1 �
•
APPRAISER'S AGREEMENT FOR DAMAGES RESULTING FROM GRADE CHANGES
By this AGREEMENT, entered into this day of , 19 , between the City
of Omaha,Nebraska(hereinafter called "City") and Max V. Brager(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 1996. 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 this4ffr day of , 19,z .Witness a/0,,, (2: r Appraiser c_J 2' 1 l ""q. V r2l
L( - `l " 1
Max V.Brager
•
APPROV D CITY OF OMAHA,NEBRASKA
blic rks Dire or
BY: EST:
ayor Date G City Clerk Date//,, 9`
APPROVED AS TO FORM: 1 b
sistant Ci . orney
r
C-2sA
I,( ,
CITY OF OMAHA
LEGISLATIVE CHAMBER , Z
6; ,
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Omaha, Nebr January 23,. 19 96 e•>'
.' er A
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: c.c °�
e: „e« r=
r err
WHEREAS, in connection with the proposed improvements of streets*thin street
t. y
improvement districts and street improvement projects during the construction year of4996, it ism
necessary to execute appraisers' agreements for damages resulting from grade changes; and, `?
WHEREAS,three(3) disinterested freeholders,Messrs.Robert E. Wear, Sr. Dale L.
Evans and Max V.Brager, appointed by the Mayor,have agreed by contract to serve as members of A
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 1996.
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 three (3)
disinterested freeholders, Messrs. Robert E. Wear, Sr., Dale L. Evans and Max V. Brager, which
contain provisions relative to appraising possible grade damages arising in street improvement
districts and street improvement projects during the construction year of 1996.
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 three(3) appraisers, which are attached hereto and made a part hereof.
APPROVED AS TO FORM:
..........- ..e./.
A. : F: ANT CITY ATTORNEY
P:\PW\3297.SKZ
By. 44-'7""4"'
Councilmember
Adopted.... .J6M..2.. ...1996
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