RES 2002-2702 - Interlocal Emergency Storm Warning Sirens within ETJ c 2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA.
WHEREAS, the City of Omaha and Douglas County have undertaken and need to
continue to work cooperatively to assure the appropriate design, installation, control, payment
and operation of emergency storm warning sirens within the zoning jurisdiction of the City of
Omaha; and,
WHEREAS, in considering such issues the parties have developed an Interlocal
Agreement spelling out the terms for such issues dealing with storm warning sirens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, it does hereby approve the attached Interlocal Agreement between the City of
Omaha and Douglas County, providing for the design, installation, control, payment and
operation of emergency storm warning sirens located within the zoning jurisdiction of the City of
Omaha
APPROVED AS T FORM•
CITY ATTORNEY DATE
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City of Omaha 71{ r' Robert C.Peters
Mike Fahey,Mayor Director
Honorable President
and Members of the City Council,
The attached Resolution authorizes the execution of an Interlocal Agreement between the City of
Omaha and Douglas County, providing for various issues for the design, installation, control,
payment and operation of emergency storm warning sirens.
Both Douglas County, the City of Omaha and various suburban developments have experienced
some difficulty with getting appropriate storm warning sirens installed in new development
areas. As a result, the Douglas County Emergency Management Agency has put together this
Agreement which clarifies many of these issues and will enable the work to carry on as soon as
possible for the installation of new warning sirens. The other Cities of the County are entering
into identical agreements.
There may likely be additional administrative issues that will have to be resolved to make this
Agreement work as well as possible, but approval of this Agreement will get this important
program under way immediately.
Your passage of the attached Resolution is respectfully requested.
Respectfully submitted,
Robert C. Peters Date
Planning Director
Approved as to Funding: Referred to City C unciI for Consideration:
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BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY, NEBRASKA
Resolved
WHEREAS, It has been determined to be in the interest of public safety by the
Douglas County Board of Commissioners that the County pursue and assume
responsibility for a county-wide outdoor warning system, and,
WHEREAS, The cities of Bennington, Elkhorn, Omaha, Ralston, Valley, and the
Villages of Boys Town and Waterloo have agreed to cede their outdoor warning sirens to
Douglas County and participate in the program as described in an Interlocal agreement
with Douglas County, and,
WHEREAS, The existing Sanitary Improvement Districts located in Douglas
County have ceded their outdoor warning sirens to Douglas County, and,
WHEREAS, And whereas the Interlocal agreements address the manner in which
all future siren issues throughout the County will be handled,
NOW THERFORE, THE DOUGLAS COUNTY BOARD OF
COMMISSIONERS, Hereby accepts the Interlocal agreements and will precipitate as
described.
t
Motion by Boyle, seconded by Pirsch
I move the adoption of the resolution.
ADOPTED: December 10, 2002
YEAS: Boyle, Harris, Hutchings, McCallister, Pirsch, Duda
ABSENT: Borgeson
(Cert' . "opy
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Certified copy to: Commissioners, Emergency Management, Cities and Villages listed
DOUGLAS COUNTY EMERGENCY MANAGEMENT AGENCY
NOTIFICATION OF INTENT TO BUILD OR DEVELOP
DETERMINATION OF THE NEED FOR A TORNADO WARNING SIREN
Douglas County owns and operates a countywide tornado siren warning system An interlocal agreement with all the cities villages,
and unincorporated areas within the County assures siren coverage that is installed in a timely and systematic manner The County
Emergency Management Agency will determine if the intended development area will require the installation of a siren If a siren is
required, you will receive notification that includes instructions and guidance on how to proceed, who to contact, and a timeline In
addition, as a condition of final approval to build or develop, the planning jurisdiction that oversees the proposed area for development
will require that the siren must be installed If a siren is required, the approving jurisdiction and the Douglas County Emergency
Management Agency will require proof of installation After installation, with the exception of the recurring monthly (OPPD)
electrical bill, the County will immediately assume ownership and all other associated costs If the development is annexed, the
annexing jurisdiction will pay the recurring monthly electric bill Questions 444-5040 Attach required supporting documents and
send to
DOUGLAS COUNTY EMERGENCY MANAGEMENT AGENCY
CIVIC CENTER RM EOC 114
OMAHA, NE 68183
1 Date this application was sent
2 SID name and number or other applicable development names
3 Planning jurisdiction under which this application is made
4 Brief description of location, e g , W Dodge Road, south to Marcy St , 180th to 190i" Attach plat maps or other
descriptive drawings or documents
5 Brief description of intended development, e g , residential, commercial, mixed, golf course, parkland, outdoor
entertainment venue, etc •
6 Best or appropriate contact, e g , owner, developer, SID attorney—chairperson —or consulting engineer
Contact name Marling address Phone E-mail address
DCEMA 10/02 FORM 3675
Interlocal Agreement
THIS AGREEMENT, made and entered into this /d day of be,,knic e- , 2002 by and
between the County of Douglas, Nebraska (hereinafter"the County"), and, the City of Omaha.
WHEREAS the Interlocal Cooperation Act, Neb.Rev.Stat.§13-801 et seq. R.R.S. 1943 (Reissue
1997) provides that two or more public agencies may enter into an agreement for the joint and
cooperative exercise of powers, privileges, or authority capable of being exercised by either
agency, and,
WHEREAS the County and the City of Omaha are each a public agency as defined in
Neb.Rev.Stat.§13-803(2) R.R.S. 1943 (Reissue 1997);and,
WHEREAS the County and the City of Omaha desire to enter into an agreement to provide for
the safety of all citizens by means of the installation and continued maintenance of tornado
warning sirens; and,
WHEREAS the County will perform duties pursuant to this agreement by and through the
Douglas County Emergency Management Agency (hereinafter"the Agency");
NOW,THEREFORE, the parties mutually.covenant and agree as follows:
Purpose
1. This agreement is intended to promote a uniform system for the installation, maintenance,
and replacement of tornado warning sirens. A unified system will enhance public safety and
assure reduced.repair and replacement costs through a streamlined decision making process
that is uniform, timely, and systematic. The parties recognize that some development
projects may be small enough in scale that the installation of a tornado warning siren is not
warranted. In such cases the parties may negotiate the use of alternate alerting equipment,
such as a portable monitor, that is attuned to the same frequency as is used by the outdoor
sirens in the county-wide tornado warning system. The alternative solutions will enable
individual homes and small buildings to receive warning notification.
Administration
2. This agreement does not create a separate legal or administrative entity. The agreement and
resulting tornado warning siren system will be administered by the Douglas County
Emergency Management Agency. The Agency shall utilize its own budget to further the
goals of this agreement.
3. All existing property utilized for this agreement is currently owned and operated by Douglas
County.
' Definitions:
4. The City of Omaha shall mean the municipality known as the City of Omaha and all
surrounding areas over which it exercises control.
5. The County Planning Commission shall mean the Douglas County Planning Commission,
and all surrounding areas over which it exercises control,
Equipment
6. Each tornado warning siren covered by this agreement shall be equipped with a two-way
radio receiver that will continuously monitor and report the readiness and condition of the
siren. Alternate equipment, including portable monitors shall be approved on a case by case
basis by the County Emergency Management Agency.
Ownership of Sirens
7. The County shall assume ownership 'of all existing tornado warning sirens within the
territorial limits of the City of Omaha upon the execution of this agreement. This will not
include any alternate or portable monitor equipment owned by an individual.
8. The County shall also assume immediate ownership of tornado warning sirens in all SIDS
and other development areas or projects that are purchased and installed as a result of the
requirements and procedures of this agreement.
9. The County shall assume responsibility to maintain all existing tornado warning sirens within
the territorial limits of the City of Omaha upon the execution of this agreement. This shall not
include any alternate or portable monitor equipment owned by an individual.
10. The County shall be responsible for the sounding, testing, repair, replacement, and, if
necessary, relocation, of each tornado warning siren within the territorial limits of the City of
Omaha upon the execution of this agreement. This shall not include any alternate or portable
monitor equipment owned by an individual.
11. Within (60) days of the execution of this agreement, the County will perform an assessment
of each tornado warning siren within the territorial limits of the City of Omaha. Each
tornado warning siren shall be replaced, updated, and, if necessary, relocated in order to
provide the most efficient maximum coverage. This shall not include any alternate or
portable monitor equipment owned by an individual. The decision to replace, update, or
relocate a tornado warning siren shall be left to the discretion of the County, by and through
the Douglas County Emergency Management Agency. The City of Omaha shall be
consulted in making the-decision to replace,update, or relocate a tornado warning siren.
12. The City of Omaha shall retain the right to independently sound the tornado warning sirens
within the territorial Iimits of the City of Omaha.
13. The City of Omaha shall be responsible for the payment each month of the (OPPD) bill for
electrical services for each tornado warning siren within the territorial limits of the City of
Omaha. The payment each month of OPPD electrical services for each STD tornado warning
siren within the territorial limits of the City of Omaha shall be paid by the SID until
annexation occurs. The annexing jurisdiction shall then assume the monthly payment.
future Installation of Sirens
14. References to the City of Omaha in this subsection may be deemed to include the planning
authority of the City of Omaha.
15. The City of Omaha shall require all future development within the territorial limits of the
City of Omaha to provide for coverage by a tornado warning siren (or sirens), or the
negotiated alternative warning equipment, for individual residence or building use, consistent
with the public safety interests and concerns of this agreement and as deemed necessary by
the County Emergency Management Agency. If a siren or other alternative solutions are
required, the purchase and installation of the siren, or alternative solutions, shall become a
part of the requirements for final plat approval, or other such documents of the jurisdiction
that grant permission to build or develop.
16. The City of Omaha shall send to Douglas County Emergency Management Agency form
5675, Notification of Intent to Build or Develop for the Determination of the Need for a
Tornado Warning Siren upon receipt of an application or notice by any party intending to
undertake a development project within the territorial limits of the City of Omaha. Such
notification shall be sent in instances of residential development, or those special areas as
defined below under subsection 22 of Scope of the Agreement. The notification shall include
plats or other maps, descriptions, or materials describing the geographic boundaries of the
proposed development.
17. Upon receipt of form 5675, Douglas County Emergency Management Agency shall:
a) If so determined, send a letter to the developing party informing them of the
required tornado warning siren installation, or an alternative solution, for the area
intended for development. This letter shall provide to the prospective developer,
contact information for the Agency, contacts for assistance in detenuining the site
selection, purchase and installation of the equipment, and a required
acknowledgement of receipt of the letter. Copies of any correspondence will be
supplied to the City of Omaha.
18. Douglas County Emergency Management Agency and the approving jurisdictional body
shall require proof of the installation of a tornado warning siren or approved alternate
solutions within (60) days of any of the following:
A. Granting of the final plat approval, or an equivalent approval, for development.
B. Any work begun on any building or any other structure.
C. Issuance of any certificates or documents relating to permission to build;
structural, electrical, mechanical, or plumbing approval; occupancy; or any
similar type permit.
D. Upon availability of temporary or permanent electrical service.
19. The developer may select any one of the above conditions to start the 60 day time limit. In
the event that any of the above conditions, or their equivalents, are completed without proof
of the installation of a tornado warning siren or an approved alternate solution, the Douglas
County Emergency Management Agency will immediately arrange for the installation of the
siren and turn the matter over to the Douglas County Attorney to take any action deemed
necessary to recover all associated costs. Upon the installation of the required tornado
warning siren (or sirens) the County will assume ownership of the tornado warning siren and
the provisions of this agreement will be in effect. This will not, however, operate as an
assumption of construction costs on the part of the County.
Duration
20. This agreement between the County and the City of Omaha shall commence and be effective
upon the signing and execution of the agreement by both parties. This agreement shall remain
in full force and effect until such time as the County or the City of Omaha provides notice of
its intent to withdraw from the agreement. Such notice shall be given in writing no less than
sixty (60) days prior to the effective date of the withdrawal. This agreement may terminate at
any time upon the mutual consent of both parties.
Scope of Agreement
21. This agreement between the County and the City of Omaha shall pertain only to tornado
warning sirens. Sirens used in rural fire and rescue operations are not included. Rural fire
districts may continue to use their own warning sirens for any fire and rescue operations. In
jurisdictions where a siren is used for both tornado warning and fire and rescue operations, the
County will provide a siren for use as a tornado warning siren only.
22. This agreement between the County and the City of Omaha shall apply to all areas within the
County of Douglas, Nebraska and the territorial or jurisdictional limits of City of Omaha. The
agreement shall apply to residential areas and special areas within the territorial limits of the
City of Omaha. Special areas are non-residential developments that will be of sufficient
population during a portion of any day to cause their coverage by tornado warning sirens to be
considered a matter of public safety. Special areas include, but are not limited to, real estate
• being developed for business parks, shopping malls, general park land, and amusement or
entertainment parks and venues.
Amendments
23_ The provisions of this agreement may be amended by the mutual consent of the County and the
City of Omaha based upon a consideration of circumstances specific to public safety within the
territorial limits of the City of Omaha.
•Zreement and Severability
24. The parties agree that this document represents the complete agreement between the County of
Douglas, Nebraska, and the City of Omaha. Any provisions of this agreement subsequently
found to be unlawful by a court of competent jurisdiction shall be stricken from the agreement,
but shall not otherwise effect the obligations to be performed by the parties.
Liability
• 25. The City of Omaha agrees to indemnify and hold harmless, to the fullest extent allowed by
law, Douglas County, its agents and employees, including Douglas County Emergency
Management Agency, from and against all losses, claims and damages, including attorney
fees, arising out of or resulting from the acts and or omissions of the City of Omaha, its
agents and employees in performing this agreement. The City of Omaha agrees to provide at
its own expense liability insurance to indemnify themselves in the event that they become
liable for the payment of a judgement or claim arising out of the execution of this agreement.
The City of Omaha agrees to list Douglas County as an additional insured. The minimum
amount of such liability insurance will be one million dollars for any person for any number
of claims arising out of a single occurrence, and five million dollars for all claims arising out
of a single occurrence, pursuant to the provisions of Neb. Rev. Stat. § 13-926.
Douglas County agrees to indemnify and hold harmless, to the fullest extent allowed by law,
the City of Omaha, its agents and employees from and against all losses, claims and
damages, including attorney fees, arising out of or resulting from the acts and or omissions of
Douglas County, its agents and employees in performing this agreement. Douglas County
agrees to provide at its own expense liability insurance to indemnify themselves in the event
that they become liable for the payment of a judgement or claim arising out of the execution
of this agreement. The minimum amount of such liability insurance will be one million
dollars for any person for any number of claims arising out of a single occurrence, and five
million dollars for all claims arising out of a single occurrence, pursuant to the provisions of
Neb. Rev. Stat. § 13-926.
• • 5ignaturea
The County of Douglas, Nebraska The , Nebraska
By�� ---7 ' - .�2 By
Chairman [Tide]
Date a- 62 _----- Date
Douglas County [Title]
Date /2.- /C) -6,2- Date
Approved as to Form:
Douglas County Deputy Attorneyksrnw,Q, 4.1_____ Date /2""/0-0/Z-'
Attorney for Omaha " Date 47? — 1— a=f)
City of Omaha
•
By VA."/".1"' yo Date /Z//�/��
Mar
7
Attest:
//,/, -4,_ �--- � Date 412h2A
City Clerk
NO. if.
Resolution by
Res. authorizing an Interlocal Agreement
between the City of Omaha and Douglas
County, providing for the placement,
installation, control and ownership of
emergency storm warning sirens within the
area of Omaha's planning and zoning
jurisdiction.
P:1Law113380sap.doc
Presented to City Council
DEC 1 0 2002
Adopted 7 ��
Ulu sier grown
City Clerk