RES 2018-0846 - Temp Use of HWY - for Fiesta Patrias Parade 9-15-2018 OMAHA,N�c
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City of Omaha Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President'
and Members of the City Council,
The purpose of the attached Resolution is to notify the State of Nebraska that the City accepts
the duties imposed by'Section 39-1359 R.R.S. Neb., as amended by 2011 Legislative Bill 589
and agrees to indemnify and hold the State of Nebraska harmless against claims arising out of
the temporary use of US Highway 75/NE 92 from 25th Street to 23rd Street oh September 15th,
2018 between the hours of 10:00 a.m. and 12:30 p.m: for the Fiesta Patrias Parade.
Respectfully submitted, Referred to City Council for Consideration:
obert G. Stubbe, P.E. Date Mayor's Office Date'
Public Works Director
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Publication Date (if applicable):
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RESOLUTION NO.
Agenda/1 N Date:
Department: 9Wi works
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Estrellitas de Omaha (Marcos Mora) desires to hold a parade called the
Fiesta Patrias Parade on September 15, 2018 utilizing U. S. Highway 275/NE 92 (L Street) from
25th Street to 23rd Street.
WHEREAS, the entire route is within the city limits of the City of Omaha; and,
WHEREAS, the City is not a co-sponsor of such Fiesta Patrias Parade but officially
. - designates on behalf of the.City of Omaha the Fiesta Patrias Parade as a special event under
2011 Legislative Bill 589 and NEB. REV.STAT. §39-1359 R.R.S.; and,
WHEREAS, Section 39-1359 R.R.S. Neb. was amended on May 24, 2011, by 2011
Legislative Bill 589 to provide that a temporary use of a state highway system, including full and
partial lane restrictions, can be made for a special event where the roadway is located in the
zoning jurisdiction of a city, if such city through formal action of its governing body
acknowledges and accepts the duties set forth in subsection (2) of Section 39-1359 and
indemnifies and holds the State of Nebraska harmless against claims made arising out of the
special event and provides thirty (30) days advance notice to the State of Nebraska; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, pursuant to Section 39-1359 R.R.S. Neb., as amended by 2011 Legislative Bill 589,
the City of Omaha hereby notifies the State of Nebraska that it accepts the duties imposed by
such law, and, if a claim is made against the state, shall indemnify, defend, and hold harmless
the State of Nebraska from all claims, demands, actions, damages, and liability, including
reasonable attorney's fees, that may arise as a result of the special event and temporary use of
U.S. Highway 275/NE 92 (L Street) from 25th Street to 23rd Street within Omaha City Limits on
September 15, 2018, between the hours of 10:00 a.m. and 12:30 p.m., for this partial route of
the event, the Fiesta Patrias Parade.
•
2018-13 mpg APPROVED AS TO FORM:
SEP 1 1 2018 1 -191 tec Adopted:
ITY ATTORNEY DATE
Attest:
y Cl rk
Approved: Lik__
Mayor
NO. ` i
Item Submitted By: Mike Gaughen
Department: Public Works
Council Meeting Date: September 11, 2018
Res. that per NEB. REV. STAT. §39-1359, the City of Omaha officially designates the temporary
use of State Highway 275/NE 92 (L Street) between 25th Street and 23rd Street on September
15, 2018, between the hours of 10:00 AM and 12:30 PM, for the partial route of the Fiesta
Patrias Parade.
024
Presented to City Council
September 11, 2018
APPROVED 7-0
•
8Itzabeth Butler •
City Clerk