RES 2016-0509 - Indie 5K and 10K runs special event July 31, 2016 MP'HA,N8 Public Works Department
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City of Omaha e, `' '` Robert G. Stubbe,P.E.
Jean Stothert,Mayor ' 1 :)'.', t< ? 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 (Maple Street) from 58th Street to 63rd Street, between the hours of 7:00
a.m. and 11:00 a.m. on July 31st, 2016 for the Indie 5 & 10K run.
The Indie 5 & 10K Run 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.
Respe ' fully submitted, /> Refe d to Cit Council for Consideration
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kobert G. Stubbe,P.E. Date Mayor's Office/Title Date
2016-14mpg
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 Indie 5& 10K Runs on July 31,2016,utilizing State Highway 64(Maple Street)from 58th Street to 63rd Street.
WHEREAS, the entire route is within the city limits of the City of Omaha;4nd,
WHEREAS, the City is not a co-sponsor of such Indie 5 & 10K Runs but officially designates on
behalf of the City of Omaha the Indie 5 & 10K Runs 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 Indie 5 & 10K Runs 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(Maple Street)from 58th to 63rd Street on July
31st,2016 from 7:00 a.m.until 11:00 a.m. for the Benson Neighborhood Association's special event,the Indie 5 &
10K Runs.
2016-13mpg APPROVED AS TO FORM:
t '=; (
DEPUTY CITY ATTORNEY DATE
ByL og'
if?
Councilmember
Adopted
City Clerk p%/ 1/1
Approv
Mayor
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 Indie 5 & 10K Runs 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 58t'' Street to 63rd Street, within
Omaha City Limits on July 31st, 2016 from 7:00
a.m. until 11:00 a.m. for the Benson
Neighborhood Association's event, the Indie 5 &
10K Runs.
2016-13Ampg
Presented to City Council
APR 19201.6
Adopted
gaiter grown
City Clerk