ORD 39453 - Interlocal Kellom Park Maintenance -�
OAHA'NEd
6" `, Law Department
isetyi���' tds
"A n Omaha/Douglas Civic Center
riki�1 "ql � 1819 Farnam Street,Suite 804
o' 5- "=''" Omaha,Nebraska 68183-0804
op 4�ry (402)444-5115
4TED PEB' Telefax(402)444-5125
City of Omaha Paul D. Kratz
Jim Suttle,Mayor City Attorney
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance approving an Interlocal Agreement between the City of Omaha
and the Omaha Public School District for more than one year to provide for joint use,development
and maintenance of parkland, commonly referred to as Kellom Park, which is adjacent to OPS's
Kellom Elementary/Educare facility at 1311 North 24th Street. OPS will be responsible for all
construction and costs associated therewith.
Your favorable consideration of this Ordinance is respectfully requested.
Respectfully submitted,
Michelle Peters
Assistant City Attorney
P\LAW-CITY COUNCIL DOCUMENTS\2012\30113d1m
INTERLOCAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this 0 day of A 060Sc
2012, by and between the CITY OF OMAHA, a municipal corporation organized and
existing under the laws of the State of Nebraska, located in Douglas County, Nebraska,
(hereinafter referred to as "City") and DOUGLAS COUNTY SCHOOL DISTRICT 0001,
a Nebraska political subdivision, located in Douglas County, Nebraska, also known as
Omaha Public Schools(hereinafter referred to as "School District").
RECITALS:
WHEREAS, School District owns certain real property and improvements
thereon, commonly known as Kellom Elementary School, at 1311 North 24th Street,
Omaha,Nebraska, and an early childhood education facility adjacent thereto (collectively
the "School District Facilities"), which School District Facilities are situated on real
property legally described on the attached Exhibit"A"(School District Property"); and
WHEREAS, the early childhood education facility that is a part of the School
District Facilities is operated by Educare of Omaha, Inc., ("Educare"); and,
WHEREAS, the City of Omaha owns certain real property that is adjacent to the
School District Facilities and which is legally described on the attached Exhibit B ("City
Property")
WHEREAS, School District is willing to allow a portion of the School District
Property to be utilized to provide additional outdoor recreational and education
opportunities for students of the District and of Educare and also for use by members of
the public where such uses are consistent with the educational need of the District and
Educare; and
WHEREAS,the City provides recreational opportunities to members of the public
and wishes to provide additional recreational programs and opportunities and finds that
improvement of the portion of the School District Property in conjunction with
complementary improvements to the City Property will enhance such opportunities; and,
WHEREAS, City and School District are willing to allow the City Property and
the designated portion of the School District Property, respectively, to be improved and
utilized in the manner set forth herein to provide early childhood recreational and
educational services and recreation opportunities to the public; and,
WHEREAS, grant money from private sources is available to the School District
for the purpose of constructing such improvements; and,
WHEREAS, the City and School District desire to enter into this Agreement
pursuant to the Nebraska Interlocal Cooperation Act (Neb. Rev. Stat. §§ 13-801 et seq.)
to delineate and provide for their specific rights and obligations, with respect to the
improvement, maintenance and use of the City Property and the designated portion of the
City Property.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the City and School District do hereby mutually undertake,
promise,agree and contract each for itself and its successors and assigns as follows:
1. Purpose. The purpose of this Agreement is to specify the rights, duties and
obligations of the parties in connection with the construction, operation, equipping, and
maintenance of the outdoor education and recreation facility, (the "Facility" or
"Facilities"),to be build upon the City Property and a portion of the of the School District
Property as depicted on the attached Exhibit"C," which is incorporated by this reference
as if fully set forth herein, in order to provide educational and recreational opportunities
for School District and Educare students and recreational opportunities for the public.
2. Construction of the Facility. The parties hereto acknowledge that School
District has agreed to construct the Facility approximately in the manner depicted on the
Attached Exhibit "D" (the "Improvements") which is incorporated by this reference as if
fully set forth herein, with funds to be provided from private funding sources pursuant to
a separate funding agreement between the School District and the private funding source.
City agrees that certain of the improvements for the Facility to be constructed as specified
on Exhibit D may be constructed upon the City Property. Upon completion of
construction, those portions of the Facility located upon School District property will be
owned by the School District, and those portions of the Facility located upon the City
Property will be owned by the City. City further agrees that the School District, and
Educare, and their respective employees and students may utilize such Facilities as are
located on the City Property in connection with the educational programs at the School
District Facilities. City acknowledges and agrees that a portion of the Facilities that are
located on School District Property will need to be fenced to comply with legal
requirements for early childhood education. City acknowledges that since the project is
going to be constructed with private funds, the School District may elect to award the
construction contract to construct the Facilities without bidding, depending on the wishes
of the funding source.
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3. Preliminary Investigation. Prior to the commencement of construction of
the Improvements, School District or Educare may, at its cost, obtain a title insurance
commitment for the City Property and shall perform said investigations, assessments,
tests and investigations of the City Property to determine the state of the City's title to the
City Property and whether there are any conditions affecting the City Property that are
unacceptable to School District. In the event School District determines that the City's
title is subject to defects unacceptable to School District, or in the event there are any
other conditions affecting the City Property that are not acceptable to School District,
then School District may terminate this Agreement by notice to the City and the parties
shall be relieved of further obligation hereunder. City makes no warranty, guarantee or
assurance regarding the suitability of the City Property for the construction, use or
operation of the Facility or the Improvements. School District shall be solely responsible
for the cost of any testing necessary to determine such suitability.
4. Term. Unless earlier terminated as hereinafter provided, the initial term of
this Agreement shall commence upon execution by the parties hereto and shall end on
December 31, 2016. Thereafter, the term of this Agreement shall be automatically
extended for subsequent terms of one (1) year each until terminated by either party hereto
by notice given at least sixty (60) days prior to December 31st of any year of the extended
term or unless sooner terminated as provided herein.
5. School District Obligations. School District shall, at its sole expense,
perform the following obligations in the time period indicated:
A. Enter into a funding agreement with source of private funds to pay the cost
of construction of the Facilities. In the event School District is unable to secure
private funding for such Improvements by August 31, 2012, either party may
terminate this Agreement by notice to the other party hereto.
B. Submit to the City for review and approval, prior to beginning of site
preparation or construction, which review and approval shall not be unreasonably
withheld, final plans for the Improvements, and, upon such approval, construct
such Improvements in conjunction with the construction of the Facility.
C. Upon obtaining adequate funding, construct the Improvements in
substantial accordance with the plans attached hereto as Exhibit "D". School
District shall periodically consult with the City's designated representative
regarding the progress of construction, any change orders materially affecting the
City Property or Improvements thereon, and notifying the City regarding the time
of substantial completion and final completion of the Improvements.
D. During the term of the Agreement District will keep the landscaping
regularly mowed and perform snow removal services for sidewalks located within
the City Property,but not the sidewalks along City Streets.
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E. Consult with the City designated representatives regarding any changes in
the use of the Facility and any changes in the Facility Improvements that may
impact the use of the Improvements.
F. Allow members of the public to utilize the Facilities on the School District
Property for recreational uses, so long as such uses are consistent with the
educational uses of such Facilities by School District. In that regard, School
District may deny use by any member of the public of those Facilities located on
School District Property that are fenced for early childhood educational use, and
may during any such use that would disrupt the use of the School District
Facilities for educational.purposes and any use that may present a security risk in
the judgment of School District.
6. City's Obligations. During the Term of this Agreement, City will:
A. Allow staff and students of the School District and of the Educare to
utilize the Facilities on the City Property for educational and recreational uses.
B. Promulgate and enforce such rules and regulations regarding use of the
Improvements on the City Property by the public so that the Facility can be
properly utilized by School District and Educare to support the educational and
recreational programs conducted in the Facility and can be properly utilized by
the public.
C. Review all material changes in the plans for the Facility presented to the
City for approval within thirty (30) days after submission to the City. Provided
this thirty (30) day limitation shall not apply to reviews and approvals by City
departments other than the Parks,Recreation and Public Property Department.
D. Meet with representatives of the School District from time to time as City
deems reasonably necessary to review the operations at the Facility and the
utilization of the Improvements.
E. Review for approval prior to commencement of operations and thereafter
as requested by the Director of the Parks, Recreation and Public Property
Department, the School District's proposed schedules of hours of operation,
programs and Facility use, and any changes or alterations thereto, within thirty
(30) days of submission by School District
7. Alcohol and Tobacco Products and Advertising. The parties agree that
neither party will allow or authorize the sale of tobacco or alcohol products at the
Facilities nor will either party allow or authorize the consumption of alcohol on the
Facilities. No advertising of any type or nature will be allowed at the Facilities.
8. City Property Rules. School District acknowledges and agrees that City has
the right to adopt and enforce reasonable park rules and regulations in connection with
4
the City Property and that School District, and all of its employees, agents and servants,
shall observe and comply with all such applicable rules and regulations as may from time
to time be promulgated by the Director of the Parks, Recreation and Public Property
Department, provided that City shall not adopt rules and regulations that conflict with or
materially interfere with the use of the City Property and the Facilities in the manner
provided in this Agreement.
9. Right of Access. City and School District, and their duly authorized
representatives, shall, throughout the term of this Agreement, have full and unrestricted
access and the right to enter onto the School District Property and the City Property,
respectively, and the Improvements installed thereon at any and all times for the purposes
of: (1) inspecting, observing, or protecting the Facilities and the School District Property
and the City Property respectively, (2) performing their respective obligations under this
Agreement, or(3)taking any action such party deems reasonably necessary for the proper
and general conduct of the Facilities or the City Property or for exercise of the City's
police powers. Whenever feasible, City shall not unreasonably interfere with the School
District's operations in exercising such access and entry rights, and shall not enter into
any fenced areas on the School Property without first notifying the School District.
10. Insurance and Bonds.
A. The School District shall require that any contractor constructing the
Improvements procure and maintain in effect during construction, with companies
licensed to do business in the State of Nebraska, commercial general liability
insurance and auto . liability insurance with minimum policy limits of
$1,000,000/$5,000,000 combined single limit for bodily injury or death and property
damage. Such contractor shall at all times also maintain workers compensation in
statutory amounts and employers liability insurance in the amount of at least
$500,000. Policies of liability insurance shall expressly include the City of Omaha
and the School District as an additional insured as to the use of the City Property as
provided herein.
B. During the term of this Agreement, the School District shall procure and
maintain in effect during the term of this Agreement, with companies licensed to do
business in the State of Nebraska,public liability insurance with at minimum,policy
limits of$1,000,000/$5,000,000 for bodily injury or death and property damage with
respect to its operations on the City Property. Said policy shall expressly include the
City of Omaha as an additional insured as to the use of the City Property as provided
herein.
C. In all instances where insurance is required under this Agreement, a certified
copy of the policy or a certificate evidencing the existence thereof,shall be delivered
to the City Finance Director prior to commencement of construction with respect to
contractor insurance and within thirty (30) days after completion of construction
with respect to the School District's insurance. Such policies will provide that the
policy may not be cancelled, terminated or materially changed or modified without
5
giving thirty (30) days written advance notice thereof to the City and the School
District. Each such policy that is provided by a contractor constructing the facilities
shall contain an additional endorsement providing that the insured's carrier shall not,
without obtaining express advance permission from the City and the School District,
as applicable,raise any defense involving in any way the immunity of the City or the
School District, and their respective officers, agents or employees,the governmental
nature of the City or the School District, or the provisions of any statutes respecting
suits against the City or the School District.
D. School District will require that the contractor constructing the Facilities at
all times during construction provide payment and performance bonds in the full
amount of the contract for construction,with the City and the School District named
as beneficiaries thereon. Copies of such bonds will be provided to the City.
11. Independent Contractor. It is understood and agreed by and between School
District and City that any and all acts that School District, Educare, or their respective
personnel, employees, agents, contractors, or servants, perform pursuant to the terms of
this Agreement shall be undertaken as independent contractors and not as employees of
the City. The City and School District shall each act in their individual capacities and not
as agents, employees,partners,joint venturers or associates of the other. An employee or
agent of one shall not be deemed or construed to be the employee or agent of the other for
any purpose whatsoever. Neither School District, Educare nor any of their respective
personnel, employees, agents, contractors, or servants shall be entitled to any City
benefits. Neither party shall not provide any insurance coverage to the other party or its
employees including, but not limited to, workers' compensation insurance. Each party
shall pay all wages, salaries and other amounts due their respective_employees and shall
be responsible for all reports, obligations, and payments pertaining to social security
taxation, income tax withholding, workers' compensation, unemployment compensation,
group insurance coverage, collective bargaining agreements or any other such similar
matters. Neither party shall have no authority to bind the other party by or with any
contract or agreement, nor to impose any liability upon the other party. All acts and
contracts of either each party shall be in its own name and not in the name of the other
party, unless otherwise provided herein.
12. Default and Limitation of Liability. In the event either party hereto fails or
refuses to perform any duty or obligation hereunder, and such failure or refusal is not
cured within thirty (30) days after written notice thereof by the non-defaulting party to
the defaulting party, the non-defaulting party, as its sole and exclusive remedy for such
failure or refusal,may terminate this Agreement
13. Records. School District agrees to prepare, keep and maintain records, in a
method, location and for a time period reasonably satisfactory to the City, necessary to
determine that School District was in compliance with the terms of this Agreement
regarding the maintenance of these Facilities. City shall have the right to audit and
examine such records during usual business hours upon reasonable advance notice to
School District.
6
14.Nondiscrimination. Neither party hereto shall, in the performance of this
Agreement, discriminate or permit discrimination in violation of federal or state laws or
local ordinances because of race, color, sex, age, disability,political or religious opinions,
affiliations or national origin.
15. Captions. Captions used in this Agreement are for convenience and are not
used in the construction of this Agreement.
16.Applicable Law. Parties to this Agreement shall conform with all existing
and applicable City ordinances, resolutions, state and local laws, federal laws, and all
existing and applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
17. Interest of the City. Pursuant to section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a financial interest,
direct or indirect, in any City contract. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the contract voidable
by the Mayor or Council.
18. Interest of the Parties. School District covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, which would conflict with
the performance of its rights, duties and obligations under this Agreement; it further
covenants that, in the performance of this Agreement, no person having any such interest
shall be employed. City covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict with the performance of its rights,
duties and obligations under this Agreement; it further covenants that, in the performance
of this Agreement,no person having any such interest shall be employed.
19.Merger. This contract shall not be merged into any other oral or written
contract, lease or deed of any type. This is the complete and full agreement of the parties.
20. Modification. This Agreement contains the entire agreement of the parties.
No representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent, employee or other representative of either party is
empowered to alter any of.the terms hereof unless done in writing and signed by an
authorized officer of the respective parties.
21. Approval Of Amendments. The parties hereto acknowledge that, as of the date
of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides
as follows: "Any amendment to contracts or purchases which taken alone increases the
original bid price as awarded (a)by ten percent, if the original bid price is one hundred fifty
thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or
more, shall be approved by the City Council in advance of the acceptance of any purchase in
excess of such limits or the authorization of any additional work in excess of such limits.
However,neither contract nor purchase amendments will be split to avoid advance approval
7
of the City Council. The originally approved scope and primary features of a contract or
purchase will not be significantly revised as a result of amendments not approved in
advance by the City Council. The provisions of this Section will be quoted in all future City
contracts. Nothing in this Section is intended to alter the authority of the Mayor under
Section 5.16 of the City Charter to approve immediate purchases."
22. Strict Compliance. All provisions of this Agreement and each and every
document that shall be attached shall be strictly complied with as written, and no
substitution or change shall be made except upon written direction from an authorized
representative.
23. Assignment. Neither School District nor City may assign its rights under this
Agreement without the express prior written consent of the other. Notwithstanding the
foregoing, School District may, without breaching this Agreement, and without the
consent of the City, utilize another person or entity other than Educare to furnish early
childhood education services at the School District Facility, or may furnish such services
with its own personnel.
24. Successors And Assigns Bound By Agreement. All covenants, stipulations
and agreements in this Agreement shall inure to the benefit of the parties hereto and
extend to and bind the legal representatives, successors, and assigns of the respective
parties hereto.
25.Authorized Representative. In further consideration of the mutual covenants
herein contained, the parties hereto expressly agree that for purposes of notice, including
legal service of process, during the term of this Agreement and for the period of any
applicable statute of limitations thereafter, the following named individuals shall be the
authorized representatives of the parties:
A. Director of Parks, Recreation and Public Department
City of Omaha
Omaha/Douglas Civic Center
1819 Farnam Street Suite 701
Omaha,NE 68183
B. Superintendent
Omaha Public Schools
3215 Cuming Street
Omaha,NE 68131
Any notices required by this Agreement shall be served by hand delivery or by United States
certified mail,postage prepaid and return receipt requested.
[Signature page follows]
8
EXECUTED this oao day of PV CiO S( , 2012.
DOUGLAS COUNTY SCHOOL
DISTRICT 001
ATTEST:
By: ry By: +1,1Li;ecre oard of Education ident, oard of'�•ucation
y
EXE TED this ay of Elf';2012.
CITY OF OMAHA, a Municipal
Corporation
ATTEST:
e ..
By , , -/4.
City Cler , City of Omaha Jim S e,Mayor o t e Ci of Omaha
APPROVED AS TO FO
Assis City Attorney
9
ACKNOWLEDGEMENTS
State of Nebraska )
) ss.
Douglas County )
The foregoing instrument was acknowledged before me this 90 day of
PsiJ(4c) , 2012, by Freddie Gray, the President of the Board of Education of Douglas
County School District 0001, a Nebraska Political Subdivision, on behalf of the School
District.
XERAL NOTARY-State of Nebraska 1 , A,12/y09.2)/2/1Z,
JOANNE MALLOY otary Public
y Comm.Exp.December 16,2015 //�/
My Commission expires:/X (fJ
State of Nebraska )
)ss.
Douglas County )
The foregoing instrument was acknowledged before me this day of ,
2012, by Jim Suttle, the Mayor of the City of Omaha, Nebraska, a municipal corporation
organized and existing under the laws of the State of Nebraska,on behalf of the City.
Notary Public
My Commission expires:
10
EXHIBIT A
School District Property
All of Block 186-1/2 and Lots 2, 3, and 4 and North 40' Lot 5, Block 187-1/2, Original
City of Omaha, and '/2 vacated 22nd Street adjacent on east and 38' of vacated Nicholas
Street on South,all of vacated 23rd Street and part of vacated 24th Street adjacent
Lots 1 through 12, Block 1, Horbach's 3rd Addition, except West 6' of Lots 1 through 6,
and vacated alley
Sublot 5 of Tax Lot 36 South of Paul Street and '/2 vacated Paul Street and 22nd and 23rd
Streets adjacent in the Southwest Quarter of the Northwest Quarter of Section 15,
Township 15 North, Range 13 East
Tax Lot 33 and %2 vacated 22nd and 23rd Streets adjacent, in the Southwest Quarter of
the Northwest Quarter of Section 15, Township 15 North,Range 13 East
East 17' of South 247.5' of Sublot 5, Tax Lot 36 and '/2 vacated 22nd Street, in the
Southwest Quarter of the Northwest Quarter of Section 15, Township 15 North,Range 13
East
South 218' of North 231.9' of West 284', Sublot 3, Tax Lot 36 and '/2 vacated Paul Street
and 21st and 22nd Streets, in the Southwest Quarter of the Northwest Quarter of Section
15,Township 15 North, Range 13 East
South 157' of North 388.9' of West 284', Sublot 3, Tax Lot 36 and '/2 vacated 21st and
22nd Streets, in the Southwest Quarter of the Northwest Quarter of Section 15 Township
14 North, Range 13 East
Lot 1 North Omaha Business Park, an Addition to the City of Omaha, as surveyed,
platted, and recorded in Douglas County,Nebraska
EXHIBIT B
City Property
Lots 7 through 11 and North 25' of Lot 12, Block 7, Horbach's 2nd Addition, and 'h of
vacated 21 st Street
All of Block 185-1/2 Original City of Omaha, and 38'strip on South, 17'strip on West, %2
vacated streets on West and East
EXHIBIT C
School District Property to be used to Construct Facilities
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EXHIBIT D
Plans and Specifications
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NICHOLAS STREET
Al KELLOLL PARK OVERAU.SITE RAN
GENERAL LAYOUT PLAN NOTES (E0
0001011101011016/01111001•02. OVERALL SITE
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ORDINANCE NO;, 91L3
AN ORDINANCE to provide for approving an Interlocal Agreement between the City of Omaha
and the Omaha Public Schools (hereinafter "OPS") for more than one year to provide for
joint use, development and maintenance of parkland, commonly referred to as Kellom
Park, which is adjacent to OPS's Kellom Elementary/Educare facility (1311 North 24th
Street); and to provide for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That in conformity with Interlocal Agreements Act, approval is hereby given
to an Interlocal Agreement, between the City of Omaha and the Omaha Public Schools to
provide for joint use, development and maintenance of parkland, commonly referred to as
Kellom Park, which is adjacent to OPS's Kellom Elementary/Educare facility (1311 North 24th
Street).
Section 2 That this Ordinance, not being of legislative character, shall be in full
force and effect upon its passage.
INTRODUCED BY COUNCILMEMBER
. ��c�'YYI APPROVED BY:
9
PASSED
SEP 1 8 2012 70 MAY OF THE CIT OF OMAHA DATE
APPROVED AS TO F
_ � p
ATTEST: U -a/r
TANT CITY ATTORNEY DATE
CITY CLERK OF THE CITY OF OMA1/,/ASSI
DATE
P\LAW-CITY COUNCIL DOCUMENTS\2012\30114d1m
Zit:
ORDINANCE NO. L i9L6
AN ORDINANCE to provide for approving an
Interlocal Agreement between the City of
Omaha and the Omaha Public Schools
(hereinafter "ORS') for more than one year to
provide for joint uses development and
maintenance of parkland, commonly referred to
as Kellom Park, which is adjacent to OPS's
Kellom Elementary/Educare facility (1311 North
24th Street); and to provide for the effective
date hereof.
P\LAW - CITY COUNCIL
DOCU M ENTS\2g 12\3 a 115d l m
)(I
PRESENTED TO COUNCIL
1st Reading AUG 2 8 ZU 12 - r�
PUBLICATIONS Hea ing SEP i 1 Zu12 -Die zi,
1,44
PUBLICATION OF HEARING
Date hi,— Final Reading SEP 1 3 2012
!/ �
PUBLICATION OF ORDINANCE Passed 7.._0
Date ! 1 ' J
L,O‘ Z BUSTER
OWN
"NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for
City Council Hearing on September 18, OF Olr1�J<111
2012,at 2:00 p.m.:
AN ORDINANCE to provide for approving
an Interlocal Agreement between the City of LYNDA K. HENNINGSEN, Publisher
Omaha and the Omaha Public Schools
(hereinafter"OPSt for
use,more
development year
and PROOF OF PUBLICATION
provide for
maintenance of parkland,commonly referred
to as Kellum Park,which is adjacent to UNITED STATES OF AMERICA Kellum Elementary/Educare facility (1311(1311 ,
North 24th Street); and to provide for the The State of Nebraska,
effective date hereof. sS.
BUSTER BROWN, District of Nebraska,
City Clerk Countyof Douglas,
8-31-12
City of Omaha,
J. BOYD
being duly sworn,deposes and says that she is
LEGAL EDITOR
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
August 31, 2012
That sa v4a during that time was r _ arly .ublished and
in gen r deIrenlati tiri in a County of Douglas, . . e of Nebraska.
� ,
it NC' Subscribed in my pre:e c• d sworn to be le
✓' *; COIT,' 9
31st
Pull sheies FetEXI' ', me thi•s of
Addi na b dpAps $ Augur 12
F f' .
Notary Public in or oug t: Cola y,
St of Nebraska
"NOTICE TO PUBLIC" THE DAILY RECORD
ORDINANCE NO.39453 Orj
AN ORDINANCE to provide for approving
OMAHA
an lnterlocal Agreement between the Crty of LYNI]A K.IIENNINGSEN, Publisher
Omaha and the Omaha Public Schools
provide for
"jo fare more than one year to PROOF OF PUBLICATION
maintenance
for joint uslan. on referred
maintenance of Parkland,commonly
to as Kellam Park,which is adjacent to oPS s
Kellam ElementarYIEd re faciiity (1311
North 24th Street); and to provide for the UNITED STATES OF AMERICA, } 55.
effective date hereof. The State of Nebraska,
SUMMARY:
District of Nebraska,
AN ORDINANCE to Agreement betde fnr hepoving County of lhluglas+
lnterlacal thOmbetween the City
Omaha and the Omaha Public Schoolsear City of Omaha,
(hereinafter BPS"}for more than one year to
provide for joint use, development and �.13OYD
maintenance of 1.parkland, adjacent to OP5
rred
to Kellam Kellum Park Educare facility (1311 —
NorthElemteeeo and to provide for the being duly sworn,deposes and says that she is
North 24th Street);
effective date hereof. LL+.GAL EDITOR --
PASSED:September 18,2012,7-0APPROVED BY: p rillt•ed and
31hs S R OF 9119/12 of THE DAILY RECORD, of Omaha, a le €xl news per,p fide paid
MAYOR OF THE published dully in the English language, having
CITY OF OMAHA BUSTER l3ROWN,
City Clerk circulation in Douglas County in excess of 300 copies, printed in
9-25-12 Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on 2012
September 26 ,
er during that time was re: ly published and
1' t— ;to f Nebraska.
in K Ik..... .....• ' x the County of Douglas,a, iil
,6 Air
'� , ..fore
rr Subscribed n my prese� and an
u
NOTt'�Fv 26 th clay of
�• ji
fV 24 me this
FAFiR S Or
Sep eT17• 20
A iiti titiat.Copies $
[bti�L...•• as ❑olnty;
• ' °r f`JE Notary Poll i• oil 1,
e of ebra-'