RES 2016-0338 - Cinco de Mayo parade special event May 7, 2016 F o14"H"•NF' Public Works Department
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Fax(402)444-5248
City of Omaha '
„, Robert G. Stubbe,P.E.
Jean Stothert,Mayor { `4 3 f<<r, 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 US Highway 275/NE 92 from 24th to 20th Street on May 7, 2016 between the hours of
9:30 am and 1:00 p.m. for the Cinco de Mayo Parade.
The Cinco de Mayo Parade will be held solely within Omaha City Limits. This event is not
sponsored by the City; the event sponsor is the South Omaha Business Association. The South
Omaha Business Association has provided 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.
Respectfully submitted, Referred to City Council for Consideration
yo ert G. Stubbe, P.E. Date ayor's Office/Title Date
Public Works Director
2016-06mpg
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: ".,
WHEREAS, the South Omaha Business Association (Marcos Mora) desires to hold a:parade
called the Cinco de Mayo Parade on May 7, 2016, utilizing U.S. Highway 275/NE 92 (L Street) from 24th'Street to
20th 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 Cinco de Mayo Parade but officially designates
on behalf of the City of Omaha the Cinco de Mayo Parade 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 Cinco de Mayo Parade 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 U.S. Highway 275/NE 92 from 24th Street to 20th
Street within Omaha City Limits on May 7, 2016, between the hours of 9:30 am and 1:00 p.m., for the entire route
of the event,the Cinco de Mayo Parade.
2016-05mpg APPROVED AS TO FORM:
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TTY ATTORNEY DATE
By é)VJ4
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Councilmember
Adopted 0 ` R 1 5 2016 ........ -Q
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Approv ...
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Mayor
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NO.
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 Cinco de Mayo
Parade 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 U.S. Highway 275/NE 92 from 24th
Street to 20th Street on May 7, 2016, between
the hours of 9:30 am and 1:00 pm., for the
entire route of the South Omaha Business
Association's special event, the Cinco de
Mayo Parade.
2016-05Ampg
Presented to City Council
MAR 1 5 2016
gaoler grown
City Clerk