2017-09RESOLUTION NO. 2017 - 9
COUNCIL MEMBER HANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to create a parade route for the annual Gateway to
the West Day Parade on June 10, 2017 from 1:00 P.M. to 3:00 P.M., starting at South School (16th
and Butler) north on 16th Street to South Street, east on South Street to 15th Street, north on 15th
Street to Washington Street, west on Washington Street to 18th Street, 18th Street south to South
Street, east on South Street to 17th Street, 17th Street to Butler, ending at 17th and Butler, and;
WHEREAS, closure of roadways along the parade route is necessary to relieve the through
traffic from the area in the City of Blair, Nebraska on or near the parade route, and provide a safe
event for participants and spectators, and;
WHEREAS, the US -30 roadway from 10th Street to 18th Street are part of the state highway
system and are located within the official corporate limits or zoning jurisdiction of the City of
Blair, and;
WHEREAS, the City of Blair, while making use of the state highway system for a special
event, shall have the legal duty to protect the highway property from any damage that may occur
arising out of the special event and the state shall not have any such duty during the time the City
of Blair is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S
§39-1359, and;
WHEREAS, any existing statutory or common law duty of the state to protect the public
from damage, injury, or death shall become the duty of the City of Blair while making use of the
state highway system for a special event and the state shall not have any such statutory or common
law duty during the time the City of Blair is in control of the property as specified in the notice
provided pursuant to LB 589/N.R.S §39-1359, and;
WHEREAS, pursuant to LB 589/N.R.S §39-1359, thirty (30) days advance written notice
of the special event must be provided which specifies the date and time City of Blair will assume
control of the identified state highway property, as well as the date and time the City of Blair will
relinquish control of such state highway property to the State of Nebraska. In addition, the City
of Blair shall to provide beginning and ending locations for the highway closure including
sufficient area for the placement of advance warning and/or detour signing, and include sufficient
time for the City of Blair to prepare and later clean the property prior to returning possession back
to the State of Nebraska, and;
WHEREAS, LB 589/N.R.S §39-1359 dictates that if a special event includes any portion
of the State of Nebraska Highway System, the City of Blair shall, if a claim is made against the
State of Nebraska, 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
NOW, THEREFORE, BE IT RESOLVED that said Parade Routes and Road Closures
referred to hereinabove is hereby adopted. That the governing body of the City of Blair
acknowledges and accepts all duties set out in LB 589/N.R.S §39-1359, subsection (2) and accepts
that the City of Blair 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 event and such Parade Routes and Road Closures is accepted by the City of
Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf
of the municipality.
COUNCIL MEMBER HANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN.
UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, STEWART,
WILLIS, HANSEN, WOLFF, ANDERSEN, HALL AND JENSEN AND COUNCIL MEMBERS
NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 24TH DAY OF JANUARY 2017.
CITY OF BLAIR, NEBRASKA
Q�0,, , aj\,�
JA E REALPH, MAYOR
ATTEST:
I blt-t�) �Ibkc"a� ,
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a
regular meeting of the Mayor and City Council of said City held on the 24th day of January, 2017.
BRENDA WHEELER, CITY CLERK
NEBRASKA DEPARTMENT OF ROADS
LB 589/NEB.REV.STAT.§39-1359 RESPONSE
Date: April 5, 2017
To: City of Blair
218 South 16t' Street
Blair, NE 68008
TATE m NEBRASKA
1 }a,I Scrar eweis, AE., Mreclur Vale
The Nebraska Department of Roads has received communication indicating your intent to exercise rights provided to
villages/cities/counties under LB 589/N.R.S. §39-1359 (Revised 2011), by utilizing state highway number(s) 30 for a
special event scheduled to occur on June 10, 2017
Section 1: Notice
® The communication you provided meets statutory requirements of LB 589/§39-1359 (revised) regarding notice;
please proceed to section 2.
❑ The communication you provided does not comply with statutory requirements of LB 589/&39-1359 (revised
regarding notice, and the identified portion of the state highway system may not be closed as requested
because:
❑ (a) You have failed to provide 30 days' advanced written notice of your special event.
❑ (b) The requesting entity is not permitted by statute to use the state highway system for a special event;
only counties, cities or villages who specifically comply with statutory requirements may use state
highways for special events,
❑ (c) The roadway is not located within the official corporate limits or zoning jurisdiction of the county, city
or village issuing notice; consult the jurisdictional county, city or village governing authority to request
notice be issued consistent with the statute.
Section 2: Governing Body Acknowledgement
® Governing Body Acknowledgement has been received and complies with statutory requirements of LB 589/§39-
1359 (revised); proceed to section 3.
❑ Governing Body Acknowledgement has not been received; the identified portion of the state highway system
may not be closed as requested until a statutorily compliant acknowledgement from your governing body is
received.
❑ Governing Body Acknowledgement received, but does not comply with statutory requirements of LB 589/§39-1359
(revised); the identified portion of the state highway system may not be closed as requested until a statutorily
compliant acknowledgement from your governing body is received. Missing from your governing body
acknowledgement is the following:
❑ (a) specific acceptance of all duties set out in subsection (2) of LB 589/N.R.S. §39-1359.
❑ (b) specific acknowledgement that if a claim is made against the state it shall indemnify, defend, and hold
harmless the state fiom all claims, demands, actions, damages, and liability, including reasonable
attorney's fees, that may arise as a result of the special event.
❑ (c) information demonstrating the acknowledgement is the official action of the county/city/village
governing body.
Diss c, 2 I leadqu trt=e s 4 125 South 1009th �,uvet 110 Box 45461 {)m<tssa NE 68H5-046! Ph .c €402;. 595-2534 FAX ( 02) 5'25-1 720
Section 3: Additional Consideration
❑ NDOR is in need of additional information regarding your intended use of the state highway system for your event.
Please contact the following individual to discuss: JoEllen Edgington.
Please note: advance warning and/or detour signing requirements as governed by the Manual on Uniform Traffic
Control Devices (MUTCD) will apply to and arise out of your special event; if you decide to hold your special event, the
duties and responsibilities for obtaining signs and meeting MUTCD requirements are solely yours. NDOR expects and
understands you will utilize sufficient portions of the state highway as are necessary to provide advance warning and
detour signing for your event consistent with the MUTCD.
Thank you for your assistance with this process. If you have any questions, please contact me.
Sincerely,
DoE t
JoEllen Edgington
Nebraska Department of Roads
District Right -of -Way Officer
402-595-2534 x209