2020-04RESOLUTION NO. 2020-4
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to use the state highway system for a Veteran's Day
Celebration on November 11, 2020 held at the intersection of Highway 30 and Highway 75 from
10:00 A.M. to 2:00 P.M., by diverting east and west bound traffic off of Washington Street at l Oth
Street and 14th Street, South to Lincoln Street, Lincoln Street east or west to 10th or 14th Streets,
North to Washington Street and diverting north bound traffic on Highway 75 at Grant Street, east
to 10th Street or west to 16th Street and then north to Washington Street, 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, US -75 roadway from Grant Street to Washington 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 HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL
CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, RUMP, WILLIS, JENSEN, HALL
AND WOLFF AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR
DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28TH DAY
OF JANUARY 2020.
CITY OF BLAIR, NEBRASKA
RICHARD IIANSEN, MAYOR
ATTEST:
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 28th day of January, 2020.
BRENDA WHEELER, CIT LERK