RES 2016-0508 - Benson Days Parade and festival special event July 30, 2016 014"A'NV8 ,� - Public Works Department
oi, /ice f
L.
,, `P� '- i "� ,i Traffic Engineering Division
�,t���r�,k0 t r, r� Omaha/Douglas Civic Center
� '�fl $t ro April 19, 2016 ' l i' �i �. r.:, i n f ,C 1819 Farnam Street,Suite 603
Q,� `Y III.12 't 1 . . Y 1 �9
�� - ti• Omaha,Nebraska 68183-0601
oR'�Eo FEaR'.,t,4� (402)444-5220
Cityof Omaha n
'�•' r r Fax(402)444-5248
5 ��'�' 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 Legislative Bill 589 and agrees
to indemnify and hold the State of Nebraska harmless against claims arising out of the temporary
use of State Highway 64 from 52nd Street to 63rd Street, between the hours of 9:30 a.m. and
11:30 a.m. on July 30th, 2016 for the entire route of the parade, and from the hours of 6:00 a.m.
to 6:00 p.m. on July 30th, 2016 on Maple Street from 58th to 63rd Street, for the festival area.
Both closures are for the Benson Days Parade and Festival.
The Benson Days Parade and Festival will be held solely within Omaha City Limits. This event
is not sponsored by the City; the event sponsor is the Benson Neighborhood Association (Kathy
Buchanan), who will provide insurance coverage naming the City as an additional insured to
cover the statutory liability which the City agrees to accept by passage of this Resolution.
Your favorable consideration is requested.
R4spfctfully submitted, _.. Refe to Cit Council forr Consideration
,.,5 -17/-/6 ,—,3 kev., -
Ro ert G. Stubbe, P.E. Date Mayor's Office/Title L e
2016-12mpg
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the Benson Neighborhood Association(Kathy Buchanan)desires to hold an event called
the Benson Days Parade and Festival on July 30, 2016, utilizing State Highway 64 from 52nd Street to junction of
Maple Street and NW Radial Highway,which is 265' west of 57th Street. Parade will continue on{Maple Street to
63rd Street,where it will end and disperse to the south. The Festival area will be from 58th to 63rd Street on Maple.
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 Benson Days Parade and Festival but officially
designates on behalf of the City of Omaha the Benson Days Parade and Festival as a special event under Legislative
Bill 589 and NEB. REV. STAT. §39-1359 R.R.S. 2008; and,
WHEREAS, Section 39-1359 R.R.S.Neb.2008 was amended on May 24,2011,by 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. 2008,as amended by Legislative Bill 589 on May
24,2011,the City of Omaha officially designates the Benson Days Parade and Festival as a special event under LB
589 and NEB.REV.STAT. §39-1359 R.R.S.2008 and 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 the temporary use of State Highway 64 on Maple Street from 58th to 63rd
Street on July 30th,2016 from 6:00 a.m. until 6:00 p.m. for the festival area, and the use of State Highway 64 from
52nd Street to 63rd Street,within Omaha City Limits on July 30th,2016 between the hours of 9:30 a.m. and 11:30
a.m., for the entire route of the parade.
2016-11mpg APPROVED AS TO FORM:
z
DEPUTY CITY ATTORNEY DATE
By 'gn/ • 41447".
Councilmember
Adopted APR 1 9 201
ApP roJ. L
Mayor
NO. 52,
Resolution by
Res. that pursuant to Section 39-1359 R.R.S. Neb.
2008, as amended by Legislative Bill 589 on May
24, 2011, the City of Omaha officially designates
the Benson Days Parade and Festival as a special
event under LB 589 and NEB. REV. STAT. §39-
1359 R.R.S. 2008 and 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 the temporary use
of State Highway 64 from 58th Street to 63rd
Street, within Omaha City Limits on July 30th,
2016 from 6:00 a.m. until 6:00 p.m. for the
festival area, and the use of State Highway 64
from 52"d to 63' Street, within Omaha City Limits
on July 30`'', 2016 between 9:30 a.m. and 11:30
a.m. for the entire route of the parade.
2016-1 1 Ampg
Presented to City Council
APR 1 9 2016
Adopted -
liter grown
City Clerk