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19851985 RESOLUTIONS Page 1985 -1 Agreement with Papio Natural Resources District 3242 1985 -2 Water and Sewer for Circle Energies 3242 1985 -3 Industrial Development Revenue Bonds for Circle Energies3242 1985 -4 Agreement with MAPA for Community Development Block Grant 3242 1985 -5 Agreement with Blair Engrg for Comm. Dev. Block Grant 3243 1985 -6 Rules and Regulations of Police Dept accepted 3244 1985 - 7 1985 One and Six Year Plan 3247 1985 - 8 Stop Sign at 25th and Elm Drive 3252 1985 - 9 Increased burial fees at Blair Cemetery 3252 1985 - 10 1985 NE Enterprise Community Program Entry 3253 1985 -11 Rescind No Right Turn at 17th and Washington Streets 3254 1985 -12 Park named for Ralph Steyer 3258 1985 -13 No parking East Side of North 26th Ave. 3260 College Drive north to Sunrise Drive 1985 -14 No parking both sides of Adams Street 3260 10th to 12th Street 1985 -15 NO ADOPTED (Parking on Lincoln St.) 3261 1985 -16 Sewer Use Fees for Non water users to be $4.00 3261 per month 1985 -17 Contracts for City Self- Insured 3264 1985 -18 Fireworks agreement with Rich Bros. 3264 1985 -19 Call in for Bonds July 1, 1985 Water Bonds 3264 1985 -20 Call in for Bonds July 1, 1985 Various Purpose 3264 1985 -21 OPPD Easement Caddock St. 3264 1985 -22 Fire Dept one day Beer License 3265 1985 -23 Circle Energies Intention to Issue Increment Bonds 3267 1985 -24 Circle Engergies " to Proceed with " " 3274 1985 -25 Library Fees Set 3274 1985 -26 Law Enforcement Bldg Agreement 3274 1985 -27 City- County Bldg Insp Agreement 3274 1985 -28 Prosecutor Attorney Agreement 3274 1985 -29 No Parking on south side of Colfax Street 22nd -23rd 3276 1985 -30 Adopted FY 85 -86 Budget 3277 1985 - 31 Stop Sign at Hiway 75 and Wright Street 3288 -OVER- 1985 - 32 One Day Wine License for Nov. 2, 1985 3292 Beta Sigma Phi, Epsilon Iota Chapter 1985- 33 Land & Water Consery Fund Program 3292 for improvements and development at Vets Field 1985- 34 Handicap Parking for Methodist Church 3295 1985- 35 Loading Zone for Methodist Church 3296 1985 - 36 Blair Chamber to have One Day Liquor License 3296 1985 - 37 Allowing Alcohol Second Floor of City Hall -BFD establish Rules 3299 1985 -38 Class C to J & J Steakhouse 3301 1985 -39 Class D to Malcolm Foley, dba R & R Liquor 3304 1985 -40 Salaried Positions 3307 1985 -41 Discharge of Reserve Officer William Hayes 3310 1985 -42 Police Pension Amendments, DEFRA and REA 3309 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 1 WHEREAS, an Agreement has been presented to the Mayor and City Council of the City of Blair, Nebraska, entitled Special Project Operation and Maintenance Agreement with the Papio Natural Resources District; and WHEREAS, such Agreement is acceptable in its terms and conditions to the Mayor and City Council of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Agreement, attached hereto, marked Exhibit "A ", and by this reference made a part hereof as though fully set forth is hereby deemed to be acceptable to the City of Blair and such proposal is hereby accepted and adopted by the Municipality. BE IT" FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized and directed to execute such agreement on behalf of the municipality and such other agreements as may be necessary to effectuate the agreement attached hereto, marked Exhibit "A ". COUNCILMEMBER Kubie MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER" Ryan . UPON ROLL CALL, COUNCILMEMBERS Kuhr-, Kubie, Evan, Neef Jenny, 'Vinton, Revzl i k and Lonq VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 22nd DAY OF JANUARY, 1985. CITY OF BLAIR, NEBRASKA BY -/-)3 4 ettLekti AYOR M. STANLEY JEN, ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 22nd day of January, 1985. e VERNA R. BULL, CITY CLERK PAPIO NATURAL RESOURCES DISTRICT Urban Conservation Assistance Program Special Project Operation and Maintenance Agreement I i This Agreement is made between PAPIO NATURAL RESOURCES R.R.S. SR DISTRICT and 1 (hereinafter "PNRD "), acting• under authority of Sec City of Blair described "Sponsor") grade stabilization and channel e i provements following C auble Creek l descd pect between 27th St. and College Drive . i (hereinafter "the Project ") located City of Blair in Washington County, Nebraska. 1 It is agreed that, if the PNRD furnishes financial aid to the Sponsor for the Project, in consideration thereof: 1. The Sponsor warrants that it now has, or has the resources, ability and authority to obtain, and will obtain, the additional funds, permits, services, materials and land rights necessary to complete the Project, without additional cost to PNRD. 2. The Sponsor, shall operate, maintain and repair the Project after completion in accordance with accepted engineering practices and in a good and workmanlike manner, without additional cost to PNRD. 3. The Sponsor shall indemnify and hold the PNRD harmless from and against all liability and damages resulting from the design, construction, operation or maintenance of the Project, and against all demands, causes of action, and claims arising therefrom, except as may be caused by negligence of the PNRD, its agents, repre sentatives or employees. The effective date of this Agreement shall be Attest: Attest: City Clerk - Treasurer Adopted by PNRD on 7/8/82 City of Blair Sponsor ` � By Mayor O/ )• _ 4 � -� Date of Signature Janutr1 71 . 1 Q35. --.- PAPIO NATURAL RESOURCES DISTRICT January 10 , 1985 Signature 2 - /tf — �'S' COUNCILMEMBER Rvan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 2 WHEREAS, Circles Energies L. P., a Kansas Limited Partnership, has announced the location, construction, and operation of an ethanol plant to be placed on Tax Lot 198 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; and, WHEREAS, the construction and operation of such ethanol plant would benefit the residents and citizens of Blair by increased economic opportunities, the creation of employment opportunities, stimulation of the local economic conditions, and expansion of housing requirements within the City of Blair, and that the Mayor and City Council deem such economic benefits to be in the best interests of the municipalities and its citizenry; and, WHEREAS, Circles Energies L. P. has requested and requires paved access to the location as well as continuous access to the site for construction purposes, water and sewer services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair, Nebraska, will construct and provide permanent access to said Tax Lot 198 by the construction and installation of streets, designed and built to industrial specifications, and that such permanent access shall be provided and constructed on or before October 1, 1985, excepting any delays caused by nature, acts of God, or any other causes outside of the control of the City of Blair. BE IT FURTHER RESOLVED THAT the City of Blair will construct and provide a temporary detour access to the site providing continuous access thereto during any times that access by existing streets and roads may not be available by reason of the paving of same for a permanent access. BE IT FURTHER RESOLVED THAT the City of Blair will construct and provide a twelve inch (12 ") main looped water system to said Tax Lot 198 and that construction thereof shall be coordinated with and made as required by Circle Energies L. P. in the construction of such ethanol plant. BE IT FURTHER RESOLVED THAT the municipality shall provide a fifteen inch (15 ") sewer access to such Tax Lot 198 and that construction thereof shall be coordinated with and made as required by Circle Energies L. P. in the construction of such ethanol plant. BE IT FURTHER RESOLVED THAT in the event that such ethanol plant will not be built, the City of Blair shall have no obligation, liability, or responsibility under this Resolution and this Resolution shall by these terms be terminated without notice. COUNCILMEMBER Ryan MOVED THAT. THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny . UPON ROLL CALL, COUNCILMEMBERS Rbath Jenny, Neef, Kuhr, Lonq, Re.yzlik, Vinton and Kathie VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22nd DAY OF JANUARY, 1985. CITY OF BLAIR, NEBRASKA BY ka t'7iz- YOR M. STANLEY JENS., ft: ATTEST: (SEAL) VER A R. CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 22nd day of January, 1985. COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 3 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor and City Council hereby approve the request of Circle Energies L. P. for the issuance by the City of Industrial Development Revenue Bonds in an amount of not to exceed One Million Dollars to provide financing for the purchase of land for an ethanol plant to be built by Circle Energies L. P. SECTION 2. That said bonds in an amount not to exceed One Million Dollars shall be isued when the documents relating thereto have been submitted to and approved by the City Attorney and the Mayor and City Council of the City of Blair, Nebraska. SECTION 3. Issuance of the bonds shall be pursuant to Section 18 -1614 to 18 -1623 R.R.S. Nebraska 1943 as amended, and neither the passage of this Resolution nor the issuance of said bonds shall obligate the City for any pecuniary liability or constitute a charge against the general credit or taxing powers of the City of Blair, Nebraska, and said bonds, when issued shall be payable solely from monies paid by or on behalf of Circle Energies L. P. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS Reyzlik, Lona, Kuhr, Vinton, Jenny Kubie. Neef and Ryan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS "n DAY OF JANUARY, 1985. CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSE ATTEST: ‘4444.41 le VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 22nd day of January, 1985. ? VERNA R. BULL, CIT CLERK • COUNCILMEMBER Reyzli.k INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 4 WHEREAS, contracts have been presented to the Mayor and City Council of the City of Blair, Nebraska, with the Metropolitan Area Planning Agency for administration for housing rehabilitation and street construction projects for the Community Development Block Grant Program, and WHEREAS, such contracts are acceptable in their terms and conditions to the Mayor and City Council of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Contracts, attached hereto, marked Exhibits "A" and "B ", and by this reference made a part hereof as though fully set forth are hereby deemed to be acceptable to the City of Blair and such contracts are hereby accepted and adopted by the Municipality. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized and directed to execute such contracts on behalf of the municipality and such other agreements as may be necessary to effectuate the contracts attached hereto, marked Exhibits "A" and "B ". COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBERF Ryan UPON ROLL CALL, COUNCILMEMBERS Reyzlik, Kuhr Ryan, Kubie, Jenny, Vinton, Neef and Long VOTING "AYE°' AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 22nd DAY OF JANUARY, 1985. CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEN 9MAY@.A� ATTEST: VERNA R BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 22nd day of January, 1985. VERNA R. BULL, CITY CLERK 4 • CONTRACT IDENTIFICATION 1. Contract Number: MAPA /Blair 85 -827 2. Project Number and Title: 827 -502 Blair CDBG Housing Rehabilitation Project 3. Effective Date: 4. Completion Date: February 28, 1986 CONTRACT PARTIES 5. Contractor Name and Address: Omaha - Council Bluffs Metropolitan Area Planning Agency 7000 West Center Road, Suite 200 Omaha, Nebraska 68106 6. Contracting Party Name and Address City of Blair, Nebraska 218 South 16th Street Blair, NE 68008 ACCOUNTING DATA 7. Contract - $22,500 DATES OF SIGNING AND MAPA BOARD APPROVAL 8. Date of Legal Review 9. Date of MAPA Board Approval - 10. Date of City of Blair Approval - CONTRACT COVER PLATE THIS CONTRACT, entered into as of this 20th day of December, 1984 by and between the City of Blair, Nebraska, 218 South 16th Street, Blair, Nebraska 68008 (herein called the "City ") and the Omaha - Council Bluffs Metropolitan Area Planning Agency, 7000 West Center Road, Omaha, Nebraska 68106 (herein called the "Planning Agency ") , WITNESSETH THAT: AGREEMENT WHEREAS, the City desires to engage the Planning Agency to render certain technical and professional services hereafter described by Blair, Nebraska in carrying out the administration of the Nebraska Department of Economic Development Community Development Block Grant Contract Number 84- 057 -11. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Planning Agency. The City of Blair, Nebraska hereby agrees to engage the Planning Agency and the Planning Agency hereby agrees to perform services herein set forth. 2. Area Covered. The Planning Agency shall perform all of the necessary services provided under this Contract in connection with and respecting the following area, herein called the "planning area ": The City of Blair, Nebraska. 3. Scope of Services. The Planning Agency shall do, perform and carry out in a satisfactory and proper manner, all of the services as stated. Said services shall include, but not be limited to the following: A. Objective. The objective of this program is to perform all necessary housing rehabilitation services required to carry out NDED Contract No. 84- 057 -11 in Blair, Nebraska. B. Work Activity. The Planning Agency will provide and perform the necessary services required to carry out grant administration as set out in Attachment A, Scope of Services. C. Anticipated Results. The Planning Agency will provide the City with a detailed report describing work activities undertaken and completed to accomplish all of the above. D. Coordination and Progress Report. The Planning Agency will provide the City with monthly progress and financial reports in addition to a final report at the completion of its work. E. Final Report. The Planning Agency shall prepare a written narrative documenting work activities and accomplishments under the terms of this Contract. F. Delivery Schedule. A final report shall be delivered by the Planning Agency by fifteen (15) days after the completion of all work covered under this Contract. 1 4. Personnel. The Planning Agency shall furnish the necessary personnel, materials and services, equipment and transportation and otherwise do all things necessary for or incidental to the performance of the work set forth in the Scope of Services herein. All of the services required hereunder shall be performed by the Planning Agency or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized by the Planning Agency to perform such services. None of the work or services covered by this Contract shall be subcontracted by the Planning Agency without prior written approval by the City. 5. Time of Performance. The services of the Planning Agency are to commence December 20, 1984 and shall be undertaken and completed in such sequence as to assure the expeditious completion in light of the purposes of this Contract with all work described being completed by February 28, 1986. 6. Compensation. The City agrees to compensate the Planning Agency for professional services rendered in an amount not to exceed twenty -two thousand, five hundred ($22,500) dollars. 7. Method of Payment. The Planning Agency may request partial payment for services performed under this Contract on a monthly or quarterly schedule. Such requests shall be based on the percentage of work completed to date of such request. Final payment of services under this contract shall be made by the City within sixty (60) days following satisfactory completion of the Planning Agency's obligations under this Contract. 8. Records and Audits. The Planning Agency shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the City, any representative of the Secretary of DHUD, the Inspector General, the Government Accounting Office, and the Nebraska Department of Economic Development or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City. 9. Civil Rights Provisions. A. Discrimination in Employment - The Planning Agency shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Planning Agency shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Planning Agency lgrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. 2 B. Consideration for Employment - The Planning Agency shall, . in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Planning Agency shall list all suitable employment openings in the State Employment Service local offices. C. Civil Rights Compliance in Employment - The Planning Agency shall comply with all relevant provisions of the Nebraska Civil Rights Act of 1967, Federal Executive Order 11246, as amended by Federal Executive Order 11375, Title VII of the U. S. Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, Section 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, as amended, and the Vietnam Veterans Readjustment Act of 1974. The Planning Agency will furnish all information and reports requested by the State of Nebraska or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Nebraska to investigate compliance with these rules and regulations. D. Program Nondiscrimination - The Planning Agency shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1.. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1967 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. E. Fair Housing - The Planning Agency (if applicable) shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. F. Training and Employment - The Planning Agency shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). G. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. H. Noncompliance with the Civil Rights Laws - In the event of the Planning Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be cancelled, terminated, or suspended either wholly or in part. 10. Termination of Contract for Cause. If, through any cause, the Planning Agency shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Planning Agency shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Planning Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Planning Agency shall, at the option of the City, b ecome its property, and the Planning Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 11. Termination for Convenience of the City. The City may terminate this Contract at any time by giving written notice to the Planning Agency of such termination and specifying the effective data thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 10 above shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Planning Agency will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Planning Agency covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty (60%) percent of the services covered by this Contract have been performed upon the effective date of such termination, the Planning Agency shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Planning Agency during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Planning Agency, Paragraph 10 hereof relative to termination shall apply. 12. Changes. The City may, from time to time, require changes in the scope of the services of the Planning Agency to be performed hereunder. Such changes, including any increase or decrease in the amount of the Planning Agency's compensation, which are mutually agreed upon by and between the City and the Planning Agency, shall be incorporated in written amendments to this Contract. 13. Interest of Members of the City and Others. No employee of the City and no members of its governing body, and no other public official of the governing body of the locality in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 14. Interest of the Planning Agency. The Planning Agency covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Planning Agency further covenants that in the performance of this Contract no person having any such interest shall be employed. 15. Compliance With Applicable Laws. The Planning Agency hereby agrees to comply with all federal, state and local laws, rules and ordinances applicable to the work and to this Agreement. 16. Assignability. The Planning Agency shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of the City thereto: Provided, however, that claims for money due the planning agency from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 17. This Agreement shall be binding on successors and assigns of either party. The Planning Agency warrants that it has not employed or retained any company, or persons, other than a bona fide employee working solely for the Planning Agency to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Plan ning Agency, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty the City shall have the right to annul this Contract without liability. IN WITNESS WHEREOF the City and the Planning Agency have executed this Contract as of the date first above written. Attest: Attest: i'1 6. Approved as to Legal Form Date: / 19 0 W Signe �� ' AP .' Legal Counsel / j) CITY OF BLAIR, NEBRASKA By OMAHA- COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY B itAatt 5 Mayor, :lair, Neb Chairman, Board of Directors ATTACHMENT A SCOPE OF SERVICES The Metropolitan Area Planning Agency (MAPA) shall assist in compliance with requirements set forth by the Nebraska Department of Economic Development; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local government, including, but not limited to the following activities: A. Housing Rehabilitation Activities 1. Meet with grantee or designated committee to develop standards and guidelines 2. Compose needed forms, handbooks, etc. for program implementation 3. Prepare and promote advertisement for applications 4. Qualify applicants, present to Council for approval 5. Aid in inspecting homes 6. Qualify homes with respect to flood plain and historical implications 7. Assist in preparation of bid documents for qualified homes 8. Conduct a pre -bid conference for contractors, if needed 9. Aid in execution of grant agreements with homeowners 10. Assist in bid opening and bid qualification 11. Prepare contracts (assuring compliance with HUD requirements) 12. Preconstruction conference with contractors 13. Coordination of construction activities with local CSA people 14. Assist in in- course monitoring of rehab work 15. Assist in assessing and approving change orders 16. Assist in coordinating in- course payments 17. Assist in verifying lien waiver requirements 18. Assist in conducting final inspections 19. Prepare final reports, housing surveys, demographic outlines B. Property Acquisition /Easement Acquisition 1. Confer with Grantee on location 2. Property Management Plan (not for easement acquisition) (Prepare plan, present to Council for approval 3. Research legal descriptions, etc. 4. Request survey from engineer 5. Prepare request for proposals from appraisers /or prepare waiver of appraiser form (go to #17) 6. Review and recommend appraiser and review appraiser (if needed) to Grantee 7. Prepare contracts for appraiser and review appraiser 8. Preliminary Acquisition Notice Sent 9. Preliminary Conference of all parties involved 10. invitation to property owner to accompany appraiser 11. Accompany appraiser on initial site visit 12. Review initial appraisal with Grantee 13. Forward initial appraisal to review appraiser and confer 14. Evaluate review appraisal with Grantee 15. Prepare Determination of Just Compensation Form 16. Prepare Formal Offer to Purchase 17. Assist Grantee in determining Just Compensation 18. Assist Grantee in negotiations with property owner 19. Assist Grantee in making final determination of Just Compensation 20. Prepare Final Offer to Purchase or' Grant of Easement form 21. Assist property owner with Offer of Sale of Land 22. Refer Offer to Grantee's attorney 23. Assist in setting up closing 24. Review closing statement 25. Keep complete financial records including all legal and closing costs, approve for eligible expenses 26. Annual Acquisition Report C. Possible Condemnation 1. Final Offer to Purchase not accepted 2. Grantee determines to condemn 3. Remanded. to Sheriff's Jury 4. Draw funds equal to Grantee's final offer - to be deposited with Sheriff's Office 5. Pre -jury briefing 6. Jury day- Attend and present information if required 7. Acceptance of jury price; closing (go to #23 above) 8. Final review of files, notifications, etc. The above outline is generally specific, but some areas may have more detailed requirements implied, but not listed. MAPA will assist the grantee with these requirements if requests are made by the Chief Executive or governing body of the grantee. The grantee may request assistance from MAPA that is not specifically designated upon agreement of both parties. HOUSING REHABILITATION PROJECT ADMINISTRATION Housing Rehabilitation OVERVIEW OF BLAIR CDBG HOUSING REHABILITATION 1/ 1984 GRANT AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SPET OCT NOV DEC JAN 1/ This listing are general areas of CDBG Administration. Additional detail will be provided on request. e 1985 1986 CONTRACT IDENTIFICATION 1. Contract Number: MAPA /Blair 85 -826 2. Project Number and Title: 826 -502 Blair CDBG Street Construction Project 3. Effective Date: 4. Completion Date: February 28, 1986 CONTRACT PARTIES 5. Contractor Name and Address: Omaha - Council Bluffs Metropolitan Area Planning Agency 7000 West Center Road, Suite 200 Omaha, Nebraska 68106 6. Contracting Party Name and Address City of Blair, Nebraska 218 South 16th Street Blair, NE 68008 ACCOUNTING DATA 7. Contract - $9,000 CONTRACT COVER PLATE DATES OF SIGNING AND MAPA BOARD APPROVAL 8. Date of Legal Review 9. Date of MAPA Board Approval - 10. Date of City of Blair Approval - WITNESSETH THAT: AGREEMENT THIS CONTRACT, entered into as of this and between the City of Blair, Nebraska, Nebraska 68008 (herein called the "City") Metropolitan Area Planning Agency, 7000 West 68106 (herein called the "Planning Agency ") , 20th day of December, 1984 by 218 South 16th Street, Blair, and the Omaha - Council Bluffs Center Road, Omaha, Nebraska WHEREAS, the City desires to engage the Planning Agency to render certain technical and professional services hereafter described by Blair, Nebraska in carrying out the administration of the Nebraska Department of Economic Development Community Development Block Grant Contract Number 84- 057 -11. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Planning Agency. The City of Blair, Nebraska hereby agrees to engage the Planning Agency and the Planning Agency hereby agrees to perform services herein set forth. 2. Area Covered. The Planning Agency shall perform all of the necessary services provided under this Contract in connection with and respecting the following area, herein called the "planning area ": The City of Blair, Nebraska. 3. Scope of Services. The Planning Agency shall do, perform and carry out in a satisfactory and proper manner, all of the services as stated. Said services shall include, but not be limited to the following: A. Objective. The objective of this program is to perform all necessary street construction project services required to carry out NDED Contract No. 84- 057 -11 in Blair, Nebraska. B. Work Activity. The Planning Agency will provide and perform the necessary services required to carry out grant administration as set out in Attachment A, Scope of Services. C. Anticipated Results. The Planning Agency will provide the City with a detailed report describing work activities undertaken and completed to accomplish all of the above. D. Coordination and Progress Report. The Planning Agency will provide the City with monthly progress and financial reports in addition to a final report at the completion of its work. E. Final Report. The Planning Agency shall prepare a written narrative documenting work activities and accomplishments under the terms of this Contract. F. Delivery Schedule. A final report shall be delivered by the Planning Agency by fifteen (15) days after the completion of all work covered under this Contract. 4. Personnel. The Planning Agency shall furnish the necessary personnel, materials and services, equipment and transportation and otherwise do all things necessary for or incidental to the performance of the work set forth in the Scope of Services herein. All of the services required hereunder shall be performed by the Planning Agency or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized by the Planning Agency to perform such services. None of the work or services covered by this Contract shall be subcontracted by the Planning Agency without prior written approval by the City. 5. Time of Performance. The services of the Planning Agency are to commence December 20, 1984 and shall be undertaken and completed in such sequence as to assure the expeditious completion in light of the purposes of this Contract with all work described being completed by February 28, 1986. 6. Compensation. The City agrees to compensate the Planning Agency for professional services rendered in an amount not to exceed nine thousand (9,000) dollars. 7. Method of Payment. The Planning Agency may request partial payment for services performed under this Contract on a monthly or quarterly schedule. Such requests shall be based on the percentage of work completed to date of such request. Final payment of services under this contract shall be made by the City within sixty (60) days following satisfactory completion of the Planning Agency's obligations under this Contract. 8. Records and Audits. The Planning Agency shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non - federal shares. These records will be made available for audit purposes to the City, any representative of the Secretary of DHUD, the Inspector General, the Government Accounting Office, and the Nebraska Department of Economic Development or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City. 9. Civil Rights Provisions. A. Discrimination in Employment - The Planning Agency shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical or mental disability. The Planning Agency shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include but may not be limited to the following: employment, upgrading, demotion or transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Planning Agency agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. 2 B. Consideration for Employment - The Planning Agency shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or disability. Solicitation and Advertisement - The Planning Agency shall list all suitable employment openings in the State Employment Service local offices. C. Civil Rights Compliance in Employment - The Planning Agency shall comply with all relevant provisions of the Nebraska Civil Rights Act of 1967, Federal Executive Order 11246, as amended by Federal Executive Order 11375, Title VII of the U. S. Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, Section 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, as amended, and the Vietnam Veterans Readjustment Act of 1974. The Planning Agency will furnish all information and reports requested by the State of Nebraska or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Nebraska to investigate compliance with these rules and regulations. D. Program Nondiscrimination - The Planning Agency shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1967 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Act of 1973 shall also apply to any such program or activity. E. Fair Housing - The Planning Agency (if applicable) shall comply with Title Vill of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. F. Training and Employment - The Planning Agency shall comply with provisions for training, employment, and contracting in accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) . G. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. H. Noncompliance with the Civil Rights Laws - In the event of the Planning Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the aforesaid rules, regulations, or requests, this contract may be cancelled, terminated, or suspended either wholly or in part. II IWY11kalifill p,ll l 3 10. Termination of Contract for Cause. If, through any cause, the Planning Agency shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Planning Agency shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Planning Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Planning Agency shall, at the option of the City, become its property, and the Planning Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 11. Termination for Convenience of the City. The City may terminate this Contract at any time by giving written notice to the Planning Agency of such termination and specifying the effective data thereof, at least fifteen •(15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 10 above shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Planning Agency will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Planning Agency covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty (60 %) percent of the services covered by this Contract have been performed upon the effective date of such termination, the Planning Agency shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Planning Agency during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Planning Agency, Paragraph 10 hereof relative to termination shall apply. 12. Changes. The City may, from time to time, require changes in the scope of the services of the Planning Agency to be performed hereunder. Such changes, including any increase or decrease in the amount of the Planning Agency's compensation, which are mutually agreed upon by and between the City and the. Planning Agency, shall be incorporated in written amendments to this Contract. 13. Interest of Members of the City and Others. No employee of the City and no members of its governing body, and no other public official of the governing body of the locality in which the Project is situated or being carried out who exercises any functions•or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 14. Interest of the Planning Agency. The Planning Agency covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Planning Agency further covenants that in the performance of this Contract no person having any such interest shall be employed. 4 15. Compliance With Applicable Laws. The Planning Agency hereby agrees to comply with all federal, state and local laws, rules and ordinances applicable to the work and to this Agreement. 16. Assignability. The Planning Agency shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto: Provided, however, that claims for money due the planning agency from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 17. This Agreement shall be binding on successors and assigns of either party. The Planning Agency warrants that it has not employed or retained any company, or persons, other than a bona fide employee working solely for the Planning Agency to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Planning Agency, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty the City shall have the right to annul this Contract without liability. IN WITNESS WHEREOF the City and the Planning Agency have executed this Contract as of the date first above written. Attest: Attest: Approved as to Legal Form Date: Signe (J,A,er-ex_ By Mayor, Blair, Neb CITY OF BLAIR, NEBRASKA 5 OMAHA- COUNCIL BLUFFS METROPOLITAN AREA PLANNING AGENCY By Ai Chairman, Board of Di ° ectors ATTACHMENT A SCOPE OF SERVICES The Metropolitan Area Planning Agency (MAPA) shall assist in compliance with requirements set forth by the Nebraska Department of Economic Development; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local government, including, but not limited to the following activities: A. Street Construction Activities 1. Send proposals for engineer 2. Collect and review proposals 3. Engineer selection by Grantee 4. Prepare contract for Engineer or approve contract as presented 5. Conferences concerning plans and specs 6. Review of engineers estimates with Grantee 7. Prepare complete set of contract documents 8. Order wage determination 9. Grantee final approval of plans and specs 10. Advertise for bids - approval 11. Bid letting 12. Bid award 13. Contractor Clearance 14. Compliance review for signing contracts documents 15. Pre - construction Conference and report to NDED 16. Start of Construction notice 17. Construction Site Visit for Posting 18. Employee Interviews 19. Davis -Bacon Wage Check 20. Payroll forms check (weekly) 21. Progress Monitoring 22. Monitor all payments - Contractor and Engineer 23. Final Monitor (Sales tax refunds) (Anti- kickback statements) (Engineer's final certification) 24. Financial Management of specific contracts The above outline is generally specific, but some areas may have more detailed requirements implied, but not listed. MAPA will assist the grantee with these requirements if requests are made by the Chief Executive or governing body of the grantee. The grantee may request assistance from MAPA that is not specifically designated upon agreement of both parties. STREET CONSTRUCTION PROJECT ADMINISTRATION Capital Improvements OVERVIEW OF BLAIR CDBG STREET CONSTRUCTION PROJECT 1984 1985 1986 AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SPET OCT NOV DEC JAN GRANT COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 5 WHEREAS, an Agreement has been presented to the Mayor and City Council of the City of Blair, Nebraska, agreement with Blair Engineering for service in conjunction with the Community Development Block Grant Program, and WHEREAS, such Agreement is acceptable in its terms and conditions to the Mayor and City Council of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Agreement, attached hereto, marked Exhibit "A ", and by this reference made a part hereof as though fully set forth is hereby deemed to be acceptable to the City of Blair and such proposal is hereby accepted and adopted by the Municipality. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized and directed to execute such agreement on behalf of the municipality and such other agreements as may be necessary to effectuate the agreement attached hereto, marked Exhibit "A ". COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBEV Reyzlik UPON ROLL CALL, COUNCILMEMBERS ,JQp Ly, 417, Revz1 i k,, Nee f,, Longg, Kubii e , Vinton and Rvan VOTING "AYE' AND None VOTING "NAY ",' THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 22nd DAY OF JANUARY, 1985. CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEN, $AYO ATTEST: /-1444.4) VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 22nd day of January, 1985. .144,44.1 Zi.4 VERNA R. BULL, CITY CLERK AGREEMENT FOR ENGINEERING - LAND SURVEYING - PLANNING SERVICES This Agreement made this _22nd day of January, 1985, by and between the City of Blair, Nebraska, hereinafter referred to as "BLAIR ", and Blair Engineering, Inc., hereinafter referred to as "ENGINEER ", WITNESSTH: WHEREAS, BLAIR requires services including preparation of plans and specifications, bid documents, review bids, make recommendations pertaining to such bids, staking and inspection of field construction; all of such services in conjunction with the 1984 Community Development Block Grant Project. WHEREAS, said ENGINEER agrees and warrants that it has the requisite knowledge and expertise in the fields referred to hereinabove and desires to provide services to BLAIR. NOW, THEREFORE, it is agreed by and between the parties that for consideration as set forth hereinbelow, said ENGINEER will provide to BLAIR and BLAIR will utilize said ENGINEER and his services on the following terms and conditions, to -wit: Engineering fees shall be the sum of $21,000.00 or an amount equal to twelve (12 %) percent of the contract price, whichever is greater. ENGINEER agrees that all services provided by it shall be performed in a professional and workmanlike manner. In the event that the ENGINEER is required to appear in litigation on behalf of BLAIR, it is agreed that ENGINEER shall be entitled to additional compensation for his services in said litigation and said additional compensation shall be mutually agreed upon by both parties hereto. When required ENGINEER will arrange for such specialized services as authorized by BLAIR. These services include such items as test borings and other specialized subsurface investigations, shop, mill, field, or laboratory testing and inspection of materials. Compensation will be based on the actual invoiced cost of the specialized services provided, plus standard hourly rates for engineering time involved in obtaining and directing said services. Fees for services rendered shall be billed and paid monthly. Said bills shall be submitted by ENGINEER to BLAIR on the last day of each month and shall be due and payable upon receipt by BLAIR. If agreed upon by BLAIR and ENGINEER, certain fees on noncompleted projects may be billed as work progresses on a prorata basis. It is mutually agreed that the terms of this Agreement shall be binding upon both parties thereto, and upon their successors, personal representatives and assigns. Original drawings, estimates, specifications, field notes, data and other documents shall be the property of the ENGINEER. The ENGINEER shall be entitled to obtain prints, drawings and copies of any item. Said ENGINEER agrees to maintain liability insurance for any professional negligent acts, errors or admissions, and to indemnify and save harmless BLAIR from any and all claims and liabilities arising solely from the ENGINEER'S negligent acts, errors or omissions. Said ENGINEER further agrees that he will be responsible for and shall maintain workmen's compensation insurance for his employees. This Agreement made the day and year first aforesaid shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA ATTEST: VERNA R. BULL, CI T CLERK ATTEST: SECRETARY NUMMINNMM BY BLAIR ENGINEERING, INC. M. S ANLEY JENSEN,Gi RIZED OFFICER STATE OF NEBRASKA ) )ss WASHINGTON COUNTY. ) On this 2.074 day of January, 1985, before me the undersigned Notary Public, duly commissioned and qualified for and in said County and State, personally came M. Stanley Jensen, Mayor of the City of Blair, Nebraska, that he is duly authorized in the premises, that he is known to me to be the identical person whose name is affixed to the foregoing Agreement and acknowledged the same to be his voluntary act and deed and the voluntary act and deed of the City of Blair, Nebraska. WITNESS my hand and Notarial Seal the day and year last above written. n ole4vi , /1, O NOTA PUBLIC STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) On this day of January, 1985, before me the undersigned Notary Public, duly commissioned and qualified for and in said County and State, personally came � ��� , duly authorized officer of Blair Engineering, Inc., a corporation, that he is known to me to be the identical person whose name is affixed to the foregoing Agreement and acknowledged the same to be his voluntary act and deed and the voluntary act and deed of said corporation. WITNESS my hand and Notarial Seal the day and year last above written. 6 f _Brilimmv.sateriffilbrilk3 YIYIAN 1. KELLEY . My Comm. Exp. Aug. 30, ! 9QQ NOTARY PUBLIC COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 6 WHEREAS, an revised rules and regulations of the Blair Police Department have been presented to the Mayor and City Council of the City of Blair, WHEREAS, such rules and regulations are acceptable in its terms and conditions to the Mayor and City Council of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the rules and regulations attached hereto, marked Exhibit "A ", and by this reference made a part hereof as though fully set forth is hereby deemed to be acceptable to the City of Blair and such rules and regulations are hereby accepted and adopted by the Municipality. COUNCILMEMBER Reyzl i k MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER` , Kubig UPON ROLL CALL, COUNCILMEMBERS /1gn0_ 1 R Kub e, L4hyint , Kuhr and Ryan • VOTING "AYE" AND COUNCIL E None voting Nay and Councilman Neef abstained. THE MAYOR DECLARED THE FOREGOING:RESOLUTION WAS PASSED AND APPROVED THIS 12th DAY OF FEBRUARY, 1985 ATTEST: RSA ' . BULL, ITY C ERK (SEAL) d illy 1 1111 11 1 1 11 1 11 11111 1 11 1 1111 CITY OF BLAIR, NEBRASKA BY 4? M. STANLEY JENYOR 1 11 1 11 1 11 111 11 11 11 1 1 is 1 1 1 11 1 1 1 1 1 1 11111 1 111 11 11 11 111 11 11 I 11 1111 1 11 11 1 I 11111111 III 11 111 1111 111 1 11111111.1 11 1 STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 12th day of February' 1985. 1 /) VERNA R. BULL, CI CL COUNCIL MEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 -7 BE IT RESOLVED by the Mayor and Council of the City of Blair, Nebraska, that the 1985 One and Six Year Plan for the construction, maintenance, and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent, be and is hereby adopted. BE IT FURTHER RESOLVED that a certified copy of said plan be filed with the State Highway Department of the State of Nebraska. COUNCIL MEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER Ryan UPON ROLL CALL, COUNCIL MEMBERS Ryan, Kuhr, Long, Neef, Jenny, Vinton, Reyzlik and Kubie VOTING "AVE", AND COUNCIL MEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF February A.D., 1985. ATTEST: / � Verna R. Bul , C. .C. City Clerk STATE OF NEBRASKA) ss WASHINGTON COUNTY) CITY OF BLAIR, NEBRASKA By: M. Stanley Jens YOR _124 Verna R. Bull C.M.C. City Clerk VERNA R. BULL 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 26th day of February 1985. COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 8 WHEREAS, Section 5 -218 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or prohibiting traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a stop sign be placed at the intersection of 25th and Elm Drive in the City of Blair for the purposes of stopping traffic proceeding north on 25th Street at its intersection with Elm Drive, and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny . UPON ROLL CALL, COUNCILMEMBERS Kuhr, Ryan, Jenny, Neet Reyzlik, Kubie and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF MARCH, 1985. -a/ VERNA R. BULL, CITY CLERK CITY OF BLAIR, NEBRASKA BY M. STANLEY JENO+ENOAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 26th day of March, 1985. VERNA R. BULL, CIITY CLERK COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 9 WHEREAS, the Chairman and members of the Blair Cemetery Board have recommended to the Mayor and City Council that the fees for grave openings and cremation burials be increased, and; WHEREAS, such increase is necessary to reimburse the �1 municipality for the actual expenses connected therewith. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the following fees and rates be set and established as follows: ATTEST: VERNA (SEAL) Adult Grave Opening Charges $150.00 Infant Grave Opening Charges $ 50.00 Cremation Burials $ 50.00. BE IT FURTHER RESOLVED THAT such rates and fees shall be in full force and effect following the passage and adoption of this Resolution. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RLan . UPON ROLL CALL, COUNCILMEMBERS Jenny, Reyrzlik, Ryan, Vinton, Kubie, Neef and Kuhr , VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED ADN ADOPTED THIS 26 thDAY OF MARCH, 1985. CITY OF BLAIR, NEBRASKA BY qae/A?tA .row M. STANLEY JENS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 26th day of March, 1985. A6'..e,„ey VERNA R. BULL, CITY CLERK WHEREAS, local municipal government has a prime responsibility to develop the capacity to undertake a viable economic development effort; and WHEREAS, community economic development needs and problems can best be deter- mined and solved through a cooperative effort between elected officials and those citizens they represent; and WHEREAS, the NEBRASKA . ENTERPRISE COMMUNITY Program, administered by the Department of Economic Development as part of the Nebraska Community Improvement Program (NCIP), has been reviewed and found to be a means to improve our community; and WHEREAS, the Mayor and Council (Bmtautk)( of the City (VIA of Blair, Nebraska do herewith pledge their full support, endorsement, and cooperation in carrying out the requirements of the NEBRASKA ENTERPRISE COMMUNITY Program. NOW THEREFORE BE IT RESOLVED, that the City (V6itigN* of Blair, Nebraska urges its citizens to join this effort and hereby declares this City (Village) to be an official entrant in the NEBRASKA ENTERPRISE COMMUNITY Program for the year of 1985. PASSED AND APPROVED THIS 26th DAY OF March Attest: 2 City/Village Clerk 1985 NEBRASKA ENTERPRISE COMMUNITY PROGRAM ENTRY RESOLUTION An official copy of this Entry Resolution and the completed Entry Form on the preceding page must be submitted to: Division of Community Affairs Department of Economic Development Box 94666 - 301 Centennial Mall South Lincoln, NE 68509 -37- City of Blair, Ne Resolution # 1985 - , 1985 • DUE MARCH 29, 1985 COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 11 WHEREAS, Section 5 -218 provides that the governing body of the municipality may by resolution provide for the placing of signs and signals for the purpose of regulating traffic on streets and alleys within the municipality, and; WHEREAS, Resolution 1979 -42 previously passed and approved by the Mayor and City Council of the muncipality provided for the prohibition of right turns on ~red at intersection of 17th and Washington Streets for traffic proceeding north and south on 17th Street, and; WHEREAS, the Mayor and City Council now deem such prohibition unncessary. NOW, THEREFORE, BE IT RESOLVED THAT Resolution 1979 -42 and all other resolutions or parts of resolutions in conflict with the repeal of such prohibition are hereby specifically repealed and the Police Department and the City Street Department are hereby ordered and directed to remove such signs indicating the prohibition of the right turn on red for traffic proceeding northbound and southbound on 17th Street at its intersection with Washington Street within the municipality. BE IT FURTHER RESOLVED THAT from the passage and adoption of this Resolution it shall be lawful to proceed with a right turn on red pursuant to the regulations thereof of the statutes of the state of Nebraska. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Loni . UPON ROLL CALL, COUNCILMEMBERS Kuhr Neef Jenny, Vinton and Revzlik VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF APRIL, 1985. ATTEST CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS4IN,( IAYOR VE A BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day of April, 1985. R. BULL, CITY CLERK COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 12 WHEREAS, Ralph Steyer has distinguished himself within the municipality and the State of Nebraska as a notable resource on horticulture, including trees and shrubs; and, WHEREAS, Ralph Steyer has dedicated himself and has devoted endless hours to the beautification of the municipality through plantings, advice, and education pertaining to trees, shrubs, and other plantings; and, WHEREAS the arboretum located at the Swimming Pool Park has through Ralph Steyer's cultivation and expertise brought national attention to the muncipality as well as to Mr. Steyer; and, WHEREAS the legacy of the sacrifice and work of Ralph Steyer in making the City of Blair truly a "city of trees" should long be remembered and appreciated by future generations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the park bounded on the South by Wilbur Street and the South line of the NE1 /4 NE1 /4 of Section 14, on the East by Sixteenth and Seventeenth Streets, on the North by Butler Street and on the West by the East line of Huber Addition and the West line of the NE1 /4 NE1 /4 of Section 14 should be and is hereby designated and named "Ralph Steyer Park and Aboretum" in honor of the dedication and sacrifice of Ralph Steyer in improving the quality of life for the citizens of Blair today and for generations to come. COUNCILMEMBER ictihr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kuhr, Ryan , Kubie. Neef, RevIlik, and Vinton VOTING "AYE" AND COUNCILMEMBERS m VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 14th DAY OF MAY, 1985. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )$s WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA By 54v4e6:4_, M. STANLEY JENE N,I$AYOR VERNA R. BULL, 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 pith day of May, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER RYAN RESOLUTION NO. 1985- 13 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the east side of North 26th Avenue from its intersection with College Drive north to its intersection with Sunrise Drive in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking Signs reflecting the no parking area as established hereby at necessary intervals along said no parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER KUHR MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN . UPON ROLL CALL, COUNCILMEMBERS 0 I LTU NEE'W _ K�TBTK y �, Q NG "'AYE ", AO C MBER'# REYzr.j VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY OF MAY, 1985. ATTEST: INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY V M. STANLEY STATE OF NEBRASKA ) .)ss .WASHINGTON COUNTY ) VERNA R. { BULL, 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 14th day of May, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 14 WHEREAS, Section 5 - of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on both sides of Adams Street from 10th Street to 12th Street in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking Signs reflecting the no parking area as established hereby at necessary intervals along said no parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER RYAN MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER JO DIE I . UPON ROLL CALL, COUNCILMEMBERS RYAN, KUBIE AND REYZLIK VOTING "AYE ", AND COUNCILMEMBERS KUHR AND NEEF VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY OF MAY, 1985. ATTEST: „ -t VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY J S1N . v AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 14th day of May, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER RESOLUTION NO. 1985 - WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the north side of Lincoln Street from 13th Street to 15th Street in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking Signs reflecting the no parking area as established hereby at necessary intervals along said no parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER REYZLIK MOVED THE THE RESOLUTION BE NOT, ADOPTED,--. _ WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KUBIE . UPON ROLL CALL, COUNCILMEMBERS KUHR, REYZLIK KUBIE ,. ygyi V�II.i Tfl WY AN - VOTING "AYE ", AND COUNCILMEMBERS NONE ,: VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY OF MAY, 1985. ATTEST: KUHR -04t-4, & VERNA R. BULL, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA C 1 4„„ „„ - ENSE OR M. STANLEY J i BY (-72-) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 14th day of May, 1985. • VERNA R. BULL, C TY' CLERK COUNCILMEMBER KUBIE WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution establish sewer use fees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the minimum sewer use fee for customers of the municipal sanitary sewer system who do not receive service from the municipal water system are hereby set and established at $4.00 per month. Such rates shall become effective with the billing which shall be sent to the customer on or about August 1, 1985, for the period commencing on or about June 1, 1985. COUNCILMEMBER RYA MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER VINTON __. UPON ROLL CALL, COUNCILMEMBERS KUBIE, RYAN, VINTON, REYZLIK NEEF AND KUHR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS loth DAY OF MAY, 1985. CITY OF BLAIR, NEBRASKA ATTEST: VERNA R. BUL , CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 16 BY M. STANLEY JENSEW./ OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 14th day of May, 1985. C.6A VERNA R. BULL, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 17 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with an insurance contract, the same being attached hereto, marked Exhibit "A", and by this reference as though fully set forth herein; and WHEREAS, the terms and conditions of such contract are agreeable to the Mayor and City Council of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk of the City of Blair, Nebraska, are hereby directed and authorized to enter into such insurance contract on behalf of the municipality. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie . UPON ROLL CALL, COUNCILMEMBERS Ryan, Reyzlik Kubie Jenny Long and Vinton , VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 28th DAY OF MAY, 1985. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY V 4 1 Q(662,15 M. STANLEY JENSE , I�/AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ') VERNA R. BULL, 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 May, 1985. VERNA R. BULL, CITY CLERK By: B City of Blair (Plan Administrator) EXHIBIT B (Amendment) Effective as of June 1, 1985 This Exhibit itemizes the fees and expense reimbursements Midwest Benefit Administrators, Inc. is entitled to pursuant to the Administrative Agreement which this Exhibit "B" is attached to. Monthly Fees (due and payable, in advance, on the first day of each calendar month): Claims Administration, $4.50 (per employee) Other Fees Special Reports: As mutually agreed upon by the Plan Administrator and Midwest Benefit Administrators, Inc. Midwest Bel fit A inistrators, Inc. 67 1,1 &C Date Attached to and part of Reinsurance Agreement HRA 181709 In the period with Article Jun Renewal Privilege, the following Schedule�u Excess Reir ,ranee shalt apply for to A. SPECIFIC EXCESS REINSURANCE , 1) Individual Specific Attachment Point $ 2) Reinsurer's limit of Liability Attachment Point. 3). Specific Lifetime Maximum $ 1, 0 00, 0 00 4) Incurred in 12 Months [ 1 Incurred 12 Months and paid within 15 months Incurred 12 Months and paidwithin 12 months 5) Specific Excess Rates: EE [ 1 B. AGGREGATE EXCESS REINSURANCE 1y Aggregate Monthly Factor $ 196.42 renewal month's actual enrollment. 2) Reinsurer's Limit of Liability Aggregate Attachment Point to a maximum is elected. 3) Dental [ 1 Yes [ XX ] No 4) Advance Funding Aggregate® [ Employee Continuation of Coverage [ 130 /I (Print Type Name) UM 00500 REV 01 -855M RENEWAL AMENDMENT DEP 12,500 5) Aggregate excess Rates: EE Annual Minimum and Deposit Premium. 6) Other Provisions NONE Per Agreement Year. 100 % of payments made by Employer in excess of the Specific 6) Employee Continuation [ of Coverage 7) Extension of Coverage [ ] Yes Composite 55 PER MONTH Minimum Annual Attachment Point will be based on the 100% of payments made by Employer in excess of the Annual of $1,000,000 or $2,000,000 if Advance Funding Aggregate® Weekly Income [ 1 Yes [ XX ] No Maximum per Agreement Year $5,200 per employee. ]Yes [jNo 1Yes [ DEP "'- -- Composite It is agreed that the TPA is the agent of the Employer and not of Harbor. Any payments to the TPA by Harbor shall be construed as payment to the ployer. Employer hereby hdds Harbor harmless from any liability as a result of any negligence, error, omission or defalcation by the TPA. Em- ploy hereby appoints the TPA as its agent for the purpose of submltUng proofs of lass and for warranting the payment of prior claims and payment of premium due Harbor. THE EMPLOYER HAS READ, UNDERSTANDS AND AGREES WITH ALL TERMS AND CONDITIONS OF THE REINSURANCE AGREEMENT AND HAS FORMED ITS EMPLOYEE BENEFIT PLAN IN COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE EMPLOYEE RETIRE- MENT INCOME SECURITY ACT (ERISA) OF 1974 AND AMENDMENTS THERETO OR ANY OTHER APPUCABLE LAW OR REGULATION. Dated at rof74 a ,47,0 i L4 Witness 4.85 Tfle C, *, Aetni.v).4 it -itf,r✓ ]Yes [ XX I No [ PER MONTH ,19'5- JSB 00505 (12 -84)1 M HARBOR INSURANCE COMPANY AMENDMENT NO 3 ATTACHED TO AND PARTOFHRA# 181709 EFFECTIVE AT RENEWAL June 1 1985 and all subsequent Renewal years In consideration of Renewal and the premium paid it is hereby agreed and understood between the Reinsurer and the Employer that the, Agreement is amended as follows: 1. SECTION III. DEFINITIONS, PLAN BENEFITS ON A PAID BASIS is amended to read as follows: PLAN BENEFITS ON A PAID BASIS, as relates to the Aggregate Excess.l' einsUrance; means for each Agreement year, and while this Agreement is in force; the total amount of medical expense benefits to which employees and dependents who are covered under the Employee Benefit Plan, become entitled undekhe Plan, subject to any limitations shown in this Agreement. Such amount of benefits shall only include the actual amount of expenses incurred after the Effective Date of this Agreement and paid by the Employer during that Agreement Year. However, expenses incurred during the Agreement Year may be paid following the expiration of this Agreement provided that the Agreement is renewed for a full year, all premiums have been paid and subject to the renewal Annual Aggregate Attachment Point. Such amount of benefits shall not include deductibles, co- insurance amounts, or any other expenses or claims which are not reimbursable under the terms of the Plan; nor expenses which are reimbursable from any other source including this Agreement. An expense will be considered to be incurred by the Employer at the time service has been rendered, or the supply to which it relates, is provided. 2. SECTION IV. SPECIFIC EXCESS REINSURANCE is amended to read as follows; F. If two or more Covered Persons who are members of one family sustain medical expenses as a result of the same accident, the Reinsurer shall consider that the Specific Attachment Point shall apply to the total medical expenses incurred as a result of the same accident by all Covered Persons during the Agreement Year in which the accident occurred. 3. SECTION VI. LIMITATIONS OF COVERAGE is amended to read as follows: D. Notwithstanding any provisions to the contrary In the Plan, the individual lifetime maximum amount of expenses reimbursable under this Agreement forte replacement by transplant of a body organ is $200,000. This limitation applies to multiple replacements of one organ and separately to each different kind of organ subject to the maximum limits of iiability_shown in the Schedule of Excess Reinsurance. Relmbursableexpenses include pre- operation care, the transplant operation and post - operation care, but do not include any expenses incurred by or paid to the donor of the transplant organ. E. This Agreement will not reimburse the Employer for any loss or expense caused by or resulting from any of the following: • 1. Expenses incurred while the Employee Benefit Plan is not in force with respect to the Covered Person. 2. Expenses resulting from loss of income, dental, vision or hearing care unless specifically added • by amendment. 3. Liability assumed by the Employer under any contract or service agreement other than the Employee Benefit Plan. 4. Expense's Which are based upon any nonComptiance with any law. 5. Expenses resulting from services which are billed in excess of the usual and customary charge for the locality where administered. • 3. SECTION VI. LIMITATIONS OF COVERAGE (continued): 6. G.pri,i4W.) for benefits for accidental bodily injury or sickness for which the Covered Person is entitled to benefits under any Workers' Compensation or Occupational Disease policy, whether or not such policy is actually in force. 7. Cott of the administration of claims payments or expense of litigation with individual claimants. 8. Wlth respect to each Covered Person who is eligible for coverage under Medicare, a benefit otherwise payable to the Employer under this Agreement shall be reduced by the amount of any similar Medicare benefit so that the total reirnbursements hereunder with respect to a Covered Person shall not exceed 100% of the Covered Person's actual expenses. It laiill be conclusively presumed that each Covered Person eligible for coverage under Medicare became covered for all parts of Medicare to which he is entitled on the earliest possible date and thereafter maintained such coverage in force. 4. SECTIONVIII. MISCELLANEOUS PROVISIONS Paragraph N. is amended as follows: N. AMENDMENTS TOTHE PLAN: The Employee Benefit Plan shall not be changed while this Agreement is in . force without the prior written consent of the Reinsurer. Notice of Amendment to the Em ployee Benefit Plan must to given to the Reinsurer or a duly authorized representative in writing at least 60 days prior to the Effective Date of the amendment. In the event that such advance written notice is not received by the • Reinsurer in accordance with this provision, the Reinsurer shall be liable to pay benefits hereunder, until notice is received and theamendment(s) approved, as if the Employee Benefit Plan had not been amended. In the event that the Employer should grant to the Designated Third -Party Administrator any Power of Attorney, or if the Employer should revoke such Power of Attorney, the Power of Attorney or revocation thereof shall not be binding upon the Reinsurer until received in writing by the Reinsurer or its duly authorized representative. 5. SECTION IX. CLAIMS PROVISIONS is amended by the addition of the following: I. INSOLVENCY: in the event of the insolvency or bankruptcy of the Employer, and upon receipt of proof of loss, the Reinsurer shall, as respects Specific Excess claims as respects Aggregate Excess claims, pay to the providers of covered services or supplies, or the employees, or to the receiver , liquidator or legal successor of the Employer, at the option of the Reinsurer, such amounts as otherwise would be payable under this Agreement had the Employer first paid the covered expenses. Nothing in this Section shall increase the Reinsurer's liability beyond that which would have existed had the Employer not become insolvent or bankrupt. All other terms and conditions of this Agreement remain unchan ACCEPTED: Employer BLAIR. CITY OF clEly L rite C#, Date 4 - /4' -dl's Authorized Representative RBOR INSURANCE COMPANY Atit COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985-18 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with an Agreement for the sale of fireworks, which such agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof; and WHEREAS, the terms and conditions of such Agreement are acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the terms and conditions of the Agreement attached hereto, marked Exhibit are hereby acceptable and such Agreement is hereby adopted by the City of Blair. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk of the City of Blair, Nebraska, are hereby directed and authorized to execute such Agreement entering into it on behalf of the municipality. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny . UPON ROLL CALL, COUNCILMEMBERS Revzl i k, Ryan . AennIt Lona, Kul i a and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 28th DAY OF MAY, 1985. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN nAn MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 May, 1985. VERNA R. BULL, CITY CLERK AGREEMENT This Agreement made this 28th day of May 1985, by and between the City of Blair, Nebraska, hereinafter referred to as "Blair ", and Rich Bros. Company hereinafter referred to as "Retailer ", WITNESSETH: WHEREAS, the Retailer is in the business of selling fireworks on a retail basis; and WHEREAS, the Retailer desires to lease certain real estate from the City of Blair for the purpose of selling retail fireworks, parking area, storage area, and other associated space requirements with such retail fireworks operation. NOW, THEREFORE, in consideration as set forth hereinbelow and the mutual covenants and promises contained herein, the parties hereby contract and agree as follows: 1. Blair hereby agrees to lease to the Retailer a portion of Lots 1 to 23, inclusive, in Block 3, and the East one- half of Block 3, and Lots 4 to 11, inclusive in Block 4, all in Prairie Park Addition to the City of Blair, Nebraska, with the specific area for such storage, parking, and retail dispensing to be specifically designated by Blair on the above - described premises. 2. In consideration of such lease the Retailer agrees to pay to the City of Blair the sum of $ 6.250.00 in the event that the undersigned Retailer is the only fireworks retailer to present a. contract to the City of Blair for the lease of the premises for the purpose of selling fireworks at retail. It is further understood and agreed that in the event only one Retailer presents a contract to Blair for such, sale at retail of fireworks, that such Retailer shall also be entitled to use without additional consideration the concession stand located on the premises. 3. In the event that two retailers present signed contracts to Blair for the sale of fireworks at retail on the premises, then and in that event each of said retailers shall pay the sum of $3,250.00 to Blair for such rental. In the event that two contracts are presented to Blair under such circumstances each of said parties may submit a bid to Blair for the use of such concession and the high bidder shall be entitled to the use of such concession stand for the time period during which fireworks may be legally sold in the State of Nebraska. 4. In the event that three or more contracts are presented by fireworks retailers, then and in that event the rent to be paid by each of said retailers shall be the sum of $2,500.00. In the event that three or more contracts are presented by fireworks retailers the use of the concession stand shall be determined by high bid as specified in the preceding paragraph. 5. The Retailer shall be responsible for paying wages, taxes, unemployment, and workmen's compensation on any individuals employed by them to assist in the operation of such retail fireworks stand. 6. The Retailer shall also be responsible for any and all utility charges for connection or service used by them in the conduct of fireworks retailing. 7. The Retailer further hereby agrees to save harmless and indemnify Blair from and against any claims by Retailer's employees or any other person or persons or any other entity from and against any and all actions, causes of action, suits, debts, dues, sums of money, accounts, judgments, damages, suits, claims, executions, injuries, and any and all other liabilities of every kind or nature, whether known or unknown, which result either directly or indirectly by virtue and by reason of Retailer's use of the premises as specified hereinabove. This save harmless and indemnification shall also include in addition to such claims and liabilities as specified hereinabove, all costs of defending against such claims specifically including but not limited to attorney fees incurred by Blair in defense of any such actions. 8. It is specifically understood and agreed that the release and indemnification included herein shall be unlimited and specifically shall not be limited to any amounts which are covered by insurance or otherwise. In addition the Retailer shall acquire insurance to indemnify against all of the claims mentioned above in paragraph seven in the sum of at least $500,000.00 and furnish certificate of indemnification thereof to Blair. 9. The term of this lease shall be from June 20, 1985, to July 5, 1985. Any equipment or buildings placed on the premises for the purpose of retailing fireworks by the Retailer which are not owned by Blair shall be removed from the premises not later than July 6, 1985. Within ten (10) days following the vacation of the premises or removal of the equipment, the Retailer shall provide, in writing, to Blair the gross dollar amount of sales at the Blair location for the term of the s • contract. 10. Said rental shall be paid in full to Blair on or before June 15, 1985. Blair shall notify the Retailer on or before June 1, 1985, as to how many contracts it has received from retailers and the amount of the rent that shall be due. It is understood and agreed by and between the parties and it is specifically acknowledged by the Retailer that this contract shall be valid and binding whether this contract is the only one submitted or whether other contracts are submitted pursuant to the schedule hereinabove. In the event any Retailer submitting a contract to Blair does not place a retail fireworks operation on the premises as described hereinabove, such Retailer shall be liable for the entire amount of the rent as specified hereinabove notwithstanding his non - occupancy of the premises. This Agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA RETAILER BY J , r I e j BY M. STANLEY JE 3 MAYOR -7-e..iresii,c 4 (C.- EXTRACT OF MINUTES CITY OF BLAIR, NEBRASKA A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7:30 o'clock P .M. on May 28th, 1985 at City Council Chambers in Blair. Nebraska . Present were: Mayor M. Stanley Jensen Councilmembers: Jenny, Kubie, Long, Reyzlik, Ryan and Vinton . Absent were: Councilmembers Kuhr and Neef Notice of the meeting was given in advance thereof by publi- cation, the City's designated method for giving notice, a copy of the Proof of Publication being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda are attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. Councilmember Ryan offered the following resolution and moved its passage and adoption: RESOLUTION NO. 1985 - 19 BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska: Section 1. The following bonds, in accordance with their option provisions are hereby called for payment on April 1, 1987, after which date interest on the bonds will cease: a' Water System Revenue Bonds, Series 1980, dated April 15, 1980, in the principal amount-of Six Hundred Forty Thousand Dollars ($640,000), numbered 50 to 177, inclusive, becoming due and bearing interest as follows: Amount of Interest Maturing on Principal Rate to Maturity Numbers April 15 of Year Maturing or Earlier Redemption 50- 61 1987 60,000 8.30 62- 73 1988 60,000 8.40 74- 85 1989 60,000 8.50 86 -177 1992 460,000 9.00 Said bonds are subject to redemption at any time on or after April 15, 1985, and said interest is payable semiannually. Said bonds were authorized and ordered issued by Ordinance No. 1276 which was passed and approved on the 25th day of March, 1980, and were issued for the purpose of providing funds for maintaining, extending and enlarging the waterworks plant and water system owned and operated by the City (the "Water System ") and paying at maturity $885,000 of the City's Electric and Water Revenue Bond Anticipation Notes, dated May 15, 1977 and November 15, 1977. Section 2. Said bonds are to be paid off at the office of the County Treasurer of Washington County, in Blair, Nebraska. Section 3. A true copy of this resolution shall be filed by the City Clerk with the Auditor of Public Accounts of the State of Nebraska at least thirty (30) days prior to the call date and with the County Treasurer of Washington County on or before the call date. Counc i lmember Reyzlik adoption of said resolution, and upon roll call vote the following voted AYE: Kubie, Ryan, Reyzlik, Long, Vinton and Jenny • NAY: None seconded the motion for The passage of said resolution having been consented to by more than a majority. the Mayor declared the resolution duly passed and adopted. ? 1). City Clerk Mayor Verna R. Bull M. Stanley Jensen CITY OF BLAIR, NEBRASKA A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7:30 o'clock P .M. on May 28th , 1985 at the City Council Chambers. Blair. Nebraska. Present were: Mayor Councilmembers: Jenny, Kubie, Long, Reyzl i k, Ryan and Vinton . Absent were: EXTRACT OF MINUTES Notice of the meeting was given in advance thereof by publi- cation, the City's designated method for giving notice, a copy of the Proof of Publication being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda is attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while_ the convened meeting was open to the attendance of the public. Counc i lmember Reyzl i k M. Stanley Jensen ; Councilmembers Kuhr and Neef offered the following resolution and moved its passage and adoption: RESOLUTION No. 1985 - BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska: Section 1. The following bonds, in accordance with their option provisions are hereby called for payment on July 1, 1985, after which date interest on the bonds will cease: Various Purpose Bonds dated May 1. 1980, in the principal amount of One Hundred Forty -Five Thousand Dollars ($145,000), numbered 17 to 45, inclusive, becoming due and bearing interest as follows: Basic Bond Nos. Amount Maturity Interest Rate 17 -20 $20,000 May 1, 1986 8.80% 21 -24 20,000 May 1, 1987 8.80 25 -29 25,000 May 1, 1988 8.90 30 -34 25,000 May 1, 1989 9.00 35 -39 25,000 May 1, 1990 9.00 40 -45 30,000 May 1, 1991 9.10 Said bonds are subject to redemption at any time on or after May 1, 1985, and said interest is payable semiannually. Said bonds were authorized and ordered issued by Ordinance No. 1277 which was passed and approved on the 8th day of April, 1980, and were issued for the purpose of paying the unpaid costs of street improvements including the costs of improving intersections and areas formed by the crossing of streets, avenues and alleys in Street Improvement District Nos. 135, 137, 138, 139 and 141, and of sanitary sewer improvements in Sanitary Sewer Extension District Nos. 42, 43 and 44, and of water improvements in Water Extension District Nos. 19 through 21, inclusive, in said City, as provided by Sections 16 -623, 16 -624, 16 -626 and 19 -2405, R.R.S. Neb. 1943. Section 2. Said bonds are to be paid off at the office of the County Treasurer of Washington County, Blair, Nebraska. Section 3. A true copy of this resolution shall be filed by the City Clerk with the Auditor of Public Accounts of the State of Nebraska at least thirty (30) days prior to the call date and with the County Treasurer of Washington County on or be e the call date. City Clerk Mayor Verna R. Bull M. Stanley Jensen Councilmember Lona seconded the motion for adoption of said resolution, and upon roll call vote the following voted AYE: Reyzlik, Long, Vinton, Ryan, Kubie and Jenny : NAY: None The passage of said resolution having been consented to by more than a majority, the Mayor declared the resolution duly passed and adopted. City Clerk Verna R. Bull 41 qlk.4--caeagge-%A. Mayor j/ v M. Stanley Jensen COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 21 WHEREAS, an easement has been requested by the Omaha Public Power District for utility placement and a copy of such Easement is attached hereto, marked Exhibit "A ", and by this reference made a part hereof; and, WHEREAS, it is necessary and proper that such easement be granted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Easement attached hereto and marked Exhibit "A" is hereby approved and adopted and the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Lug MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER hh I e__ QQ �y tt kk ► P 1 ON ROLL CALL, COUNCILMEMBERS VOTIN "AYE" - AND � 7 COUNCILMEMBE S Vint^ VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 28th DAY OF MAY, 1985. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 28th day of May, 1985. VERNA R. BULL, CITY CLERK CO'UNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 99 WHEREAS, the Blair Volunteer Fire Department has requested authorization of a one day beer license for the following described real estate, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 56 IN THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA; THENCE SOUTH ALONG THE WEST LINE OF BLOCK 56 A DISTANCE OF 64.00 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 56 A DISTANCE OF 144.00 FEET TO THE EAST LINE OF LOT 10 IN SAID BLOCK 56; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 64.00 FEET TO THE NORTH LINE OF SAID BLOCK 56; THENCE EAST TO THE NORTHEAST CORNER OF BLOCK .56; THENCE NORTH TO THE SOUTHEAST CORNER OF BLOCK 47 IN SAID ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA, THENCE WEST TO THE SOUTHWEST CORNER OF SAID BLOCK 47; THENCE SOUTH TO THE POINT OF BEGINNING; and WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution authorize such sale and consumption of alcoholic beverages for a one day event sponsored by the Blair Volunteer Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Blair Volunteer Fire Department is hereby authorized and approval is hereby given for a one day beer permit for July 6, 1985, for the sale and consumption of alcoholic beverages on the following described real estate, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 56 IN THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY, NEBRASKA; THENCE SOUTH ALONG THE WEST LINE OF BLOCK 56 A DISTANCE OF 64.00 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 56 A DISTANCE OF 144.00 FEET TO THE EAST LINE OF LOT 10 IN SAID BLOCK 56; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 64.00 FEET TO THE NORTH LINE OF SAID BLOCK 56; THENCE EAST TO BE IT FURTHER RESO1VED THAT the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the Nebraska Liquor Control Commission. COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL, COUNCILMEMBERS Kubie, Jenny, Ryan Vinton,. Lona and Revzlik , VOTING "AYE" AND COUNCILMEMBERS none VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 28th DAY OF MAY, 1985. ATTEST: VERNA R. BULL, C CLERK (SEAL) THE NORTHEAST CORNER OF BLOCK 56; THENCE NORTH TO THE SOUTHEAST CORNER OF BLOCK 47 IN SAID ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY,, NEBRASKA, THENCE WEST TO THE SOUTHWEST CORNER OF SAID BLOCK 47; THENCE SOUTH TO THE POINT OF BEGINNING. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA VERNA R. BULL, 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 May, 1985. VERNA R. BULL, CITY CLERK A special meeting of the Housing and Community Development Agency of the City of Blair was held at Blair, Nebraska at 7:30 P.M. on June 11, 1985. The Housing and Community Development Director presided, and the City Clerk recorded the proceedings. On roll call, the following were present: Mayor Jensen; Councilmembers: Jenny, Kubie, Kuhr, Long, Neef, Reyzlik, Ryan, and Vinton. Absent: None. RESOLUTION NO. 1985 -23 June 11, 1985 4 /9 , ‘-c„?7 _4 * ife7- Councilmember Ryan introduced a Resolution entitled "A RESOLUTION DECLARING THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA, TO ISSUE TAX INCREMENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED $3,750,000 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND THE IMPROVEMENT THEREOF, INCLUDING, BUT NOT LIMITED TO, GRADING, DRAINAGE IMPROVEMENTS AND SUBSURFACE PILINGS AND FOR THE PAVING OF STREETS AND PROVIDING WATER AND SEWER SERVICE; PROVIDING FOR A PORTION OF SUCH LAND TO BE SOLD TO CIRCLE ENERGIES CORPORATION TO BE USED AS THE SITE FOR AN ETHANOL PLANT; AND DIRECTING THE PUBLICATION OF A NOTICE REGARDING A PUBLIC HEARING CONCERNING THE ISSUANCE OF SUCH BONDS" and moved that said Resolution be designated as Resolution No. 1985 -23; that the title be approved; and that the same be adopted. Said Resolution was fully and distinctly read, and the Director stated that the question is: "Shall Resolution No. 1985 -23 be passed and adopted ?" The Yeas and Nays were called, and the following voted "Yea ": Jenny, Kubie, Kuhr, Long, Neef, Reyzlik, Ryan, and Vinton. The following voted "Nay" or were absent or did not vote: None. The passage and adoption of said Resolution having been concurred in by a majority of all members appointed to the Housing and Community Development Agency, said Resolution was declared by the Director to be passed and adopted and the Director signed and approved said Resolution, and the Clerk attested the passage and approval of the same and affixed his signature and the seal of the City thereto. follows: A true and complete copy of said Resolution is as THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA RESOLUTION NO. 1985 -23 A RESOLUTION DECLARING THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA TO ISSUE TAX INCREMENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED $3,750,000 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND THE IMPROVEMENT THEREOF, INCLUDING, BUT NOT LIMITED TO, GRADING, DRAINAGE IMPROVEMENTS AND SUBSURFACE PILINGS AND FOR THE PAVING OF STREETS AND PROVIDING WATER AND SEWER SERVICE; PROVIDING FOR A PORTION OF SUCH LAND TO BE SOLD TO CIRCLE ENERGIES CORPORATION TO BE USED AS THE SITE FOR AN ETHANOL PLANT; AND DIRECTING THE PUBLICATION OF A NOTICE REGARDING A PUBLIC HEARING CONCERNING THE ISSUANCE OF SUCH BONDS. WHEREAS, the Housing and Community Development Agency of the City of Blair, Nebraska (the "Agency "), a body politic and corporate duly organized and existing as an agency of the City of Blair under the laws of the State of Nebraska, is authorized and empowered by the provisions of the Nebraska Community Development Act, Chapter 18, Article 21, Nebraska Revised Statutes, 1943, as amended (the "Act "), to acquire, whether by construction, purchase, devise, gift or lease, or any one or more of such methods, one or more "Redevelopment Projects," as that term is defined in the Act, and to issue tax increment revenue bonds for the purpose of paying the cost of acquiring, installing or improving a project; and WHEREAS, the Agency wishes to undertake the development of an industrial park project as that term is defined in Section 103 (b) (5) of the Internal Revenue Code of 1954, as amended, for the purpose of promoting the public welfare of the citizens of the City of Blair (the "City "), alleviating and preventing conditions of unemployment, halting declines in property values and, inter alia, promoting economic growth in the City; and WHEREAS, the Agency wishes to declare its intention to authorize an issue of tax increment revenue bonds of the Agency for the purpose of providing the financing for the acquisition of certain land and the improvement thereof, including, but not limited to, grading, drainage improvements and subsurface pilings and for the paving of streets and providing water and sewer service, constituting a "Redevelopment Project," as that term is defined in the Act (the "Blair Industrial Park Project "), a portion thereof to be sold to Circle Energies Corporation (the "Company ") to be used as the site for an ethanol plant; and WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided by The Federal Tax Equity and Fiscal Responsibility Act of 1982; NOW THEREFORE, be it resolved by the Agency, that it does hereby declare its intention to authorize the issuance of tax increment revenue bonds of the Agency under and in accordance with the applicable statutes of the State of Nebraska, and particularly the Act, in such amount, but not to exceed $3,750,000 and upon such terms and conditions as may be agreed upon by the Agency, the Company and the purchasers of the bonds, for the purpose of providing all of the cost of acquiring and improving the Blair Industrial Park Project to be located adjacent to the City of Blair, Nebraska, and a portion thereof to be sold to the Company, the issuance of the Bonds to be authorized by a Resolution of the Agency at a meeting to be held for such purpose, and upon the receipt of the approval of the City Attorney and delivery at the closing of such bonds of an approving legal opinion of Kutak, Rock and Campbell of Omaha, Nebraska, as bond counsel; BE IT FURTHER RESOLVED by the Agency, that a public hearing shall be conducted on July 9, 1985 at 7:30 P.M., before the Agency at Blair, Nebraska, on the proposal to issue approximately $3,750,000 aggregate principal amount of the Agency's Tax Increment Revenue Bonds, Series 1985 (the "Bonds "), pursuant to the provisions of the Act, for the purpose of paying all of the cost of acquiring and improving the Blair Industrial Park Project, and all local residents who appear at such hearing shall be given an opportunity to express their views for or against the Blair Industrial Park Project and the proposal to issue the Bonds; and at said hearing, or an adjournment thereof, the Agency shall adopt a resolution regarding whether or not to proceed with the issuance of the Bonds. The City Clerk is hereby directed to publish one time, not less than fifteen (15) days prior to the date fixed for such hearing, in The Enterprise, a legal newspaper published and having a general circulation within the City of Blair, a Notice of Intention to Issue Bonds in substantially the following form: NOTICE OF INTENTION TO ISSUE TAX INCREMENT REVENUE BONDS Notice is hereby given that a public hearing will be conducted before the Housing and Community Development Agency of the City of Blair, at 7 :30 P.M., on July 9, 1985, on the proposal to issue not more than $3,750,000 aggregate principal amount of The Housing and Community Development Agency of the City of Blair, Nebraska Tax Increment Revenue Bonds, pursuant to the provisions of the Nebraska Community Development Act, Chapter 18, Article 21, Nebraska Revised Statutes, 1943, as amended, for the purpose of providing all of the cost of a redevelopment project located adjacent to said City, consisting of the acquisition of certain land and the improvement thereof, including, but not limited to, grading, drainage improvements and subsurface pilings and the paving of streets and providing water and sewer service (the "Blair Industrial Park Project "). A portion of the Blair Industrial Park Project will be sold to Circle Energies Corporation (the "Company ") to be used as the site for an ethanol plant facility. It is contemplated that a Redevelopment Agreement will be entered into between the Agency, the City and the Company, under which the Agency will convey a portion of the Blair Industrial Park Project (constituting approximately 32 acres of Tax Lot 175) to the Company in return for the Company's agreement to build an ethanol plant facility on the site. The Bonds shall not be a debt of the City and the City shall not be liable on such Bonds, nor in any event shall such Bonds be payable out of any funds or properties other than those derived from tax incremental property tax revenues arising from the Blair Industrial Park Project. The Bonds shall not constitute an indebtedness of the City, within the meaning of any State constitutional provision or statutory debt limitation or restriction. The Blair Industrial Park Project is located between the South Right of Way of Grant Street on the North, and the North line of Section 13, Township 18 North, Range 11 East of the 6th P.M. on the South; West of 4th Street, and East of 10th Street on the West. All local residents who appear at this hearing shall be given an opportunity to express their views for or against the Blair Industrial Park Project and the proposal to issue the Bonds, and at such hearing, or any adjournment thereof, the Agency shall adopt a Resolution regarding whether or not to proceed with the issuance of the Bonds. (SEAL) Attest: Passed and approved this 11th day of June, 1985. r By ( gJ / City Clerk THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA By Direc O Councilman Ryan introduced Resolution No. 1985 -24. A RESOLUTION DECLARING THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA, TO PROCEED WITH THE ISSUANCE OF TAX INCREMENT BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED $3,750,000 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND THE IMPROVEMENT THEREOF. WHEREAS, the Housing and Community Development Agency of the City of Blair, Nebraska (the "Agency "), a body politic and corporate duly organized and existing as an agency of the City of Blair under the laws of the State of Nebraska, is authorized and empowered by the provisions of the Nebraska Community Development Act, Chapter 18, Article 21, Nebraska Revised Statutes, 1943, as am, ended (the "Act "), to acquire, whether by construction, purchase, devise, gift or lease, or any one or more of such methods, one or more "Redevelopment Projects," as that term is defined in the Act, and to issue tax increment revenue bonds for the purpose of paying the cost improving a project; and WHEREAS, the Agency wishes to undertake the of an industrial park project as that term is defined in Section 103 (b)(5) of the Internal Revnue Code of 1954, as amended, for the purposes of promoting the public welfare of the citizens of the City of Blair (the "City "), alleviating and preventing conditions of unemployment, halting declines in property values and, inter alia, promoting economic growth in the City; and WHEREAS, the Agency wishes to declare its intention to proceed with the issuance of tax increment revenue bonds (the "Bonds ") of the Agency for the purpose of providing the financing III 1 11 110 1110 I1 a 11 11 11 RESOLUTION NO. 1985 -24 of acquiring, installing or development 1 1 11 11 111 1 11111 1 1 for the acquisition of certain land and the improvement thereof, including, but not limited to, grading, drainage improvements and subsurface pilings and for the paving of streets and providing water and sewer service, constituting a "Redevelopment Project," as that term is defined in the Act (the Blair Indusitrial Park Project "), a portion thereof to be sold to Circle Energies Corporation (the "Company ") to be used as the site for an ethanol plant; and WHEREAS, a public hearing on the proposal to issue the Bonds was held this 9th day of July ,1985, all as required and provided by The Federal Tax Equity and Fiscal Responsibility Act of 1982; NOW, THEREFORE, be it resolved by the Agency, that it does hereby declare its intention to proceed with the issuance of tax increment revenue bonds of the Agency under and in accordance with the applicable statutes of the State of Nebraska, and particularly the Act, in such amount, but not to exceed $3,750,000 and upon such terms and conditions as may be agreed upon by the Agency, the Company and the purchasers Of the bonds, for the purpose of providing all of the cost of acquiring and improving the Blair Industrial Park Project to be located within the City of Blair, Nebraska, and a portion thereof to be sold to the Company, the issuance of the Bonds to be authorized by a Resolution of the Agency at a meeting to be held for such purpose, and upon the receipt of the approval of the City Attorney and delivery at the closing of such bonds of an approving legal opinion of Kutak Rock & Campbell of Omaha, Nebraska, as bond counsel. COUNCILLMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik . UPON . ROLL CALL, COUNCILMEMBERS Ryan, Kuhr Reyztik, Mu, Long, Neef, Vinton and Kubie , VOTING "AYE'' AND COUNCILMEMBERS Uric VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS ADOPTED THIS 9th DAY OF JULY, 1985. ATTEST: CITY OF BLAIR, NEBRASKA g h aM e eZ ,4 _ , Y0R BY M. STANLEY JENSE VERNA R. BUL -, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day of July, 1985. COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 25 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT there is hereby set and established a library use fee for nonresidents of the City of Blair which shall be $20.00 per family or $5.00 for a bonafide student per year. The fee shall be for a one year period following payment of the fee. Far the purposes of this fee, resident Dana College students shall be considered residents of the community. This Resolution as pertains to the library use fee shall be effective as of August 1, 1985, and thereafter the fees as established hereby shall be charged for library use for nonresidents of the municipality. BE IT FURTHER RESOLVED THAT the Library Board may adopt such rules and regulations for the implementation and regulation of such library use fee as may be necessary. COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie UPON ROLL CALL, COUNCILMEMBERS VOTING ' S A YE " A ND ' C c� OUNCILME 4 and Vinfinn VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 9th DAY OF JULY, 1985. ATTEST: ,te,611, D4 e4a_, VERNA R. BULL, CITY CLERK (ZEAL) CITY OF BLAIR, NEBRASKA BY • ��f' M. S TANLEY JENS YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day : of July, 1985. VERNA R. BULL, CITY CLERI{ COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 26 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with a Lease for the joint use of the Law Enforcement Center, which such Lease is attached hereto, marked Exhibit "A ", and by this reference made a part hereof as though fully set forth herein; and, WHEREAS, the terms and conditions of such Lease are acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the terms and conditions of the Lease attached hereto and marked Exhibit "A" are hereby adopted by the City of Blair and the Mayor and City Clerk of the City of Blair, Nebraska, are hereby authorized and directed to execute the same entering into the Lease on behalf of the municipality. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS nny. IS &die. Kuhr `Qngg, Neef. Revzlik, Rvan and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 9th DAY OF JULY, 1985. CITY OF BLAIR, NEBRASKA ATTEST: CITY CLERK V (SEAL) I Iu II I I I u I I III II 1 1 11 u BY M. STANLEY JEN AYOR i t II X11 � .11 1 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day of July, 1985. VR R. BULL, CITY CLERK LEASE This Lease entered into this 9th day of 4u1v 1985, between Washington County, Nebraska, hereinafter referred to as "County ", and the City of Blair, Nebraska, hereinafter referred to as "City ". 1. Premises. The County hereby leases to the City, the following premises located in the Washington County Law Enforcement Building located on Block 75, City of Blair, Nebraska, to -wit: Exclusive use of Chief's Office, Lieutenant's Office, Detective's Office, and Sergeant's Office. Joint use of Interview Room, Squad Room, General Office, Booking Room, Sally port, and all Hallways. The portion of the basement currently used as an exercise area shall be in the exclusive control of the City, and the City agrees to hold the County harmless for any injury to any person occurring in this area, and futher, the City agrees to relinquish such area on ten (10) days notice and upon showing of a good cause of the County for need of the area. It is agreed that the Sally port shall be used exclusively for the parking of vehicles only during such time as prisoners or persons in custody are being loaded or unloaded. It is specifically agreed that it shall not be used for the parking of any vehicles other than for the intended purpose. 2. Term. The term of this Lease shall be year to year after the expiration of the initial term on July 31, 1985, and may be terminated either by mutual agreement or by one year written notice delivered prior to the beginning of the last term. 3. Consideration. In consideration of the foregoing, the City agrees to pay the County 25% of the insurance, snow removal, Maintenance Reserve Fund, utility and supply expense incurred on account of the operation of the building, payable October 31, January 31, April 30, and July 31, the first three payments to be estimated at one -half of the previous year's actual expenses, the final payment being in an amount necessary to pay the actual expenses for the current year. The Maintenance Reserve Fund shall be computed at $4,000.00 per year unless either party notifies the other prior to July 1 of their desire to renegotiate the amount to be contributed to this fund. In addition, the City agrees to pay 50% of the net of the dispatcher's salary, janitorial salary, and uniform allowance, less the $1,600.00 due from other communities. The County agrees to pay 50% of the teletype expense. In addition, the City agrees to pay 50% of the expense of the radio system. It is agreed that the City will pay the County $8,452.68 plus $1,000.00 annual Maintenance Reserve Fund payment for the period of April 1, 1985, to July 1, 1985, and $7,689.98 per quarter for the next three quarters, the fourth quarter payment being an amount necessary to reimburse the County for 25% of the actual expense. 4. The Sheriff shall have the control of and responsibility for the dispatching operation. 5. The County warrants and represents that it is in compliance with all wage and hour laws concerning the payment of the dispatchers. The County hereby agrees to save harmless and indemnify the City from any and all claims, causes of action, suits, or any liabilities of any nature or kind brought by any of the dispatchers as a result of the County's noncompliance with any provisions of the Fair Labor Standards Act or any other rules, regulations, or statutes governing and dealing with wage and hour regulations. It is further agreed that this save harmless and indemnification shall apply to all time periods previous to this Lease and commencing with the construction of the joint law enforcement facilities. It is further agreed that the save harmless and indemnification provision shall continue during the term of this Lease and thereafter and during the term of any subsequent leases so long as the dispatchers are under the direction, control, and direct payment of the Sheriff or the County and there is joint use of the law enforcement facility by the County and City. WASHINGTON COUNTY, NEBRASKA BY CHAIRMAN, COUNTY BOARD OF SUPERVISORS BY ATTEST: ATTEST: aetit.t.a ft; CITY OF BLAIR, NEBRASKA M. STANLEY JENS1 , W XOR VERNA R. BULL, CITY CLE / CHARLOTTE PETERSEN, COUNTY CLERK COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 27 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with an Agreement between the City of Blair, Nebraska, and Washington County, Nebraska, for the joint utilization of one individual as the City Building Inspector and County Building Inspector, which such Agreement is attached hereto, marked Exhibit "A ", and by this reference made a part hereof; and, WHEREAS, the terms and conditions of such Agreement are acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the terms and conditions of the Agreement attached hereto and marked Exhibit "A" is hereby adopted by the City of Blair and the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Kubie MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS nton, Long, Jenny, Reyzl i k, and Ryan VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 9thDAY OF JULY, 1985. ATTEST: CITY OF BLAIR, NEBRASKA BY &,‘ A a � /ko . (- VERNA R. BULL, CITY CLERK f (SEAL) M. STANLEY JENSE STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day of July, 1985. VERNA R. BULL, CITY CLERK e' AGREEMENT This Agreement made this 9th day of July, 1985, by and between the City of Blair, Nebraska, a governmental subdivision, hereinafter referred to as "City" and Washington County, Nebraska, a governmental subdivision, hereinafter referred to as "County ", WITNESSETH: For and in consideration of the mutual benefits and agreements as set forth herein together with the monetary consideration as set forth herein the parties hereto hereby agree as follows: 1. That the City and County shall cooperate in the utilization of one individual as the City Building Inspector and as the County Building Inspector. It is further agreed that the City and County shall each pay one -half of the compensaation of such Building Inspector and as well as the operating expenses for such inspector. 2. It is agreed by and between the City and the County that the estimation of costs attached hereto, marked Exhibit "A ", and by this reference made , a part hereof shall be the basis of the reimbursement by the County to the City of the cost expended by it during the term of this Agreement. It is, therefore, further agreed that the County shall pay and remit to the City the sum of $ 1 ,167.63 per month which said sum shall be due and payable beginning on the 1st day of July, 1985, and continuing thereafter on the 1st day of each month during the term of this Agreement. 3. It is further understood and agreed that the actual 111 1 11 1 11 1 1 1 expenses may be either greater or less than the estimate as set forth on Exhibit "A ". In the event that such actual costs are greater than those as set forth on Exhibit "A" the County shall forthwith, upon expiration of this Agreement, remit and pay to the City the balance of such actual costs upon notice thereof by the City. In the event that the actual costs are less than those as set forth the City shall reimburse to the County the balance of the overpayment. 4. This Agreement shalal be for a term of twelve (12) months commencing July 1, 1985, and terminating June 30, 1986. 5. It is further agreed by and between the parties that the City shall have the direct supervision and control of such Inspector on a day to day operational basis, provided, however, that the County shall reserve the right to govern the technical interpretation of its zoning rules and regulations or codes concerning construction under its jurisdiction. 6. This Agreement shall be binding upon the successors and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN$ N MAYOR CHAIRMAN OF THE BOARD OF COMMISSIONERS ATTEST: WASHINGTON COUNTY, NEBRASKA ATTEST: VERNA R. BULL, CITY CLERK J CHARLOTTE PETERSEN, COUNTY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 28 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with an Agreement with the City Prosecutor of the City of Blair, Nebraska, which such Agreement is attached hereto, marked Exhibit "A ", and by this reference made a part hereof; and, WHEREAS, the terms and conditions of such Agreement are acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the terms and conditions of the Agreement attached hereto and marked Exhibit "A" is hereby adopted by the City of Blair and the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS — Ran, - 10r, Vinton, Neef, Jenny. Kubie and Revzl i k VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 9th DAY OF JULY, 1985. CITY OF BLAIR, NEBRASKA ATTEST: _( SEAL ) VERNA R. BULL, CITY CLERK BY M. STANLEY JENSE M'OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 9th day of July, 1985. VERNA R. BULL, CITY CLERK / 0 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 29 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the south side of Colfax Street between 22nd and 23rd Streets in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking Signs reflecting the no parking area as established hereby at necessary intervals along said no parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER man . UPON ROLL CALL, COUNCILMEMBERS R,vy .. K hr., +1- i : - A 11 . nd Npef VOTI "AYE ", ND OU IL,M MBE'S Kubie VOTING "NAY ", THE MAYOR DECLARED THE FOnhi uituG RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF JULY, 1985. ATTEST: ,41/44/' VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 23rd day of July, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 - 30 WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair for the fiscal year beginning August 1, 1985, and ending July 31, 1986, was published in The Enterprise, the official newspaper of the City of Blair, on July 18, 1985, and, WHEREAS, said budget statement was prepared on Budget Form AP provided by the State of Nebraska and consists of eight pages including the notice referred to hereinabove and was filed with the City Clerk on July 18, 1985. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that said budget statement is hereby approved as presented and the same is hereby adopted as the official budget of the City of Blair for the fiscal year beginning August 1, 1985, and ending July 31, 1986. BE IT FURTHER RESOLVED that an estimate of the probable money necessary for all purposes to be raised in said City during the fiscal year, beginning August 1, 1985, and ending July 31, 1986, for which appropriation is to be made, shall be as follows: FUND ALL SOURCES EST. ADVALOREM EST. General Fund $3,425,193.00 $ 554,061.00 General Obligation Debt Service Fund $ 293,139.00 -0- Water Fund $1,089,903.00 -0- Sewer Fund $ 254,062.00 -0- Water Senior Bond Fund $ 310,620.00 -0- Water Junior Bond Fund Sewer Bond Fund AND BE IT FURTHER RESOLVED that the City Clerk is directed to enter this Resolution at large upon the minutes, and cause the same to be published in The Enterprise, a general newspaper of general circulation in said City, and that copies of the official budget shall be placed on file in the office of the City Clerk for examination and use of the public. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ; Kuhr AND ° 1 COUNCILMEMBERS ap Ryan, Kuhr, Vintnn, ,lenny Ancj Lon Yotiri A p VOTING "NAY" None. The MA OR DECLARED 'THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS DAY OF JULY, 1985. ATTEST: VERNA R. BULL, CITY CLERK $ 767,192.00 $ 103,730.00 CITY OF BLAIR, NEBRASKA BY M. `STANLEY JENS Di', MAYOR (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL 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 held on the 29th day of July, 1985. -0- -0- VER A R. BULL, CITY CLERK COUNCILMEMBER KUBIE INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO 1985 -_31_ WHEREAS, Section 5 -218 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or prohibiting traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a stop sign be placed for the purpose of stopping traffic proceeding north on the access road at its Intersection with Wright Street which said access road is located approximately 100 feet east of the centerline of Highway 75 at its intersection with Wright Street in the City of Blair and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER REYZLIK MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _JENNY__ ______ . UPON ROLL CALL, COUNCILMEMBERS KUBIE K_UHR _ LONG, NEEF JENNY . AND REYZLIK VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF SEPTEMBER, 1985. ATTEST: .-Z-12‘442-.Z VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 10th day of September, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Beta Sigma Phi, Epsilon Iota Chapter has requested authorization of a one day liquor license (wine only) for a fund raiser to be held at St. Francis Borgia Church; and, WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution authorize such sale and consumption of alcoholic beverages for a one day event sponsored by Beta Sigma Phi, Epsilon Iota Chapter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT Beta Sigma Phi, Epsilon Iota Chapter is hereby authorized and approval is hereby given for a one day liquor permit (wine only) for November 2, 1985, pursuant to the application filed therefor. BE IT FURTHER RESOLVED THAT the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the Nebraska Liquor Control Commission. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kubie = ReyzTik,,Ryan = Kuhr z Jenny a Neef, Vinton and Long VOTTING"AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 2 th DAY OF SEPTEMBER, 1985. CITY OF BLAIR, NEBRASKA ATTEST: VERNA R. BULL, CITY CLERK (SEAL) RESOLUTION NO. 1985- 32 M. STANLEY JE I 111111 II II. II . I I STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 September, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 33 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the municipality intends to participate in the Land and Water Conservation Fund Program for the purpose of making improvements and development of the Vets Field Ball Park. That the Mayor and City Council are hereby authorized to sign documents to obtain financial assistance, including a project agreement with the State of Nebraska. That the City of Blair has the ability to finance its share of the cost of the proposed project and the financial capability to operate and maintain the completed facility. That the City of Blair will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 196 P.O. 88 - 354 (1964), and any of the regulations promulated pursuant to such Act by the Secretary of the Interior and contained in 1 43 CFR 17. That no property acquired and /or developed under this project shall, without the approval of the Nebraska Game and Parks Commission and the Secretary of Interior, be converted to non - public outdoor recreation uses. Such approval may be granted only if it is in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value ATTEST: and of reasonably equivalent usefulness and location. That the City of Blair will, after acquisition and development, exert every effort to preserve the existing beauty and enhancement of the proposed project area and will bury all proposed utility lines within the area. That the City of Blair agrees to comply with all state and federal requirements in making the facilities accessible to the handicapped. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS kunr, xeyziiK, Ryan, Kubie, Long, Vinton, Neef and Jenny VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 24th DAY OF SEPTEMBER, 1985. CITY OF BLAIR, NEBRASKA ( e, VERNA R. BULL, CftY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) BY M. STANLEY JOSE MAYOR VERNA R. BULL, 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 September, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER Kuhia INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 34 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following spaces be designated as Handicapped Parking: the first space East of 17th Street on the North side of Colfax Street and the first space on the East side of 17th Street North of Colfax Street, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place Handicapped Parking Signs reflecting the restricted parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Long MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie . UPON ROLL CALL, COUNCILMEMBERS rum, Long, Nunr, vinton, Jenny, Drbal and Reyzlik VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8th DAY OF OCTOBER, 1985. ATTEST: 4'_ �A 11 VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA M. S ANLEY J NS FI / MAYOR r4geofee----- STATE OF NEBRASKA ) )s WASHINGTON COUNTY ) VERNA R. BULL, 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 8th day of October, 1985. VERNA R. Crillef& COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 35 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited except for loading and unloading of passengers on the East side of 17th Street from a distance of 75 feet North of the intersection of 17th Street and Colfax Street to a distance of 110 feet North of such intersection on Sundays, and that it shall be unlawful for any vehicle to park in such loading zone except for the purposes of loading and unloading passengers on Sunday of each week, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place Loading Zone Only signs reflecting the no parking restriction as established hereby at necessary intervals along said restricted parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Jenny MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie . UPON ROLL CALL, COUNCILMEMBERS Re 7lik, �1pnny_ Kuhie Vinton K��hr_ Drbal end Ln n9 , VOT NG "AYE ", AND COUNCILMEMBERS Nnne , VOTING "NAY ", THE MAYOR DECLARED THE RESOLUTION PASSED AND APPROVED THIS 8th DAY OF OCTOBER, 1985. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 8th day of October, 1985. CITY OF BLAIR, NEBRASKA /1; VERNA R. BULL, CITY CLERK. COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 36 WHEREAS, the Blair Chamber of Commerce has requested authorization of a one day liquor license for a fund raiser to be held at the Blair Fire Hall; and, WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution authorize such sale and consumption of alcoholic beverages for a one day event sponsored by the Blair Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Blair Chamber of Commerce is hereby authorized and approval is hereby given for a one day liquor permit for November 2, 1985, pursuant to the application filed therefor. BE IT FURTHER RESOLVED THAT the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the Nebraska Liquor Control Commission. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Kuhr Reyzlik, Long, Jenny Vinton, Kubie and Drbal VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 8th DAY OF OCTOBER, 1985. CITY OF BLAIR, NEBRASKA ATTEST: /Lli VERNA R. BULL, ITY CLERK (SEAL) BY M. TANLEY JENS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 8th day of October, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 37 WHEREAS, Ordinance No. 1425 provided that the Mayor and City Council may authorize the consumption of alcoholic beverages on property owned by the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the consumption of alcoholic beverages be permitted on the second floor of the City Hall including the dance area and the kitchen area. BE IT FURTHER RESOLVED THAT the sale of alcoholic beverages on such premises be permitted only by a licensee duly authorized by the Liquor Control Commission and only if approved by the Mayor and City Council notwithstanding any approval or authority thereof by the Liquor Control Commission. BE IT FURTHER RESOLVED THAT approval for individual functions and consumption of alcohol shall be authorized and regulated by the Blair Fire Department Board of Trustees who may establish such rules and regulations as necessary for the governing of consumption of alcohol on the premises. COUNCILMEMBER REYZLIK MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER . UPON ROLL CALL, COUNCILMEMBERS IjYAN RAY I_�I�, LO(,, VINTQNd KUI -LR, DRBAL AND JENNY VOTING 1 'AYE' AND COUNCILMEMBERS NQNF VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 22nd DAY OF OCTOBER, 1985. CITY OF BLAIR, NEBRASKA ATTEST: VERNA- R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 22nd day of October, 1985. VERNA R. BULL, CITY CLERK- COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 38 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C Spirits, Wine, Beer, On and Off Sale License for John J. Watkins and JoAnn Watkins d /b /a J & J Steakhouse and Lounge; and, WHEREAS, the Mayor and City Council have accepted comments and testimony under oath from the following individuals: No one gave comments or testimony NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommend approval of the issuance of such license by the Nebraska Liquor Control Commission, the Mayor and City Council of the City of Blair finding specifically Nn nhjortinne BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Jenny Ryan Long, Re.yzfl k, Vinton, Kubie, Drbal and Kuhr VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF NOVEMBER, 1985. CITY OF BLAIR, NEBRASKA .° STANLEY J 'VIE A AYOR ATTEST: ■••j4 VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk 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 12th day of November, 1985. VERNA R. BULL, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985 39 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class D Spirits, Wine, Beer, Off Sale Only License for Malcolm Rodgers Foley and June Nellie Foley, d /b /a R & R Liquor Store, and, WHEREAS, the Mayor and City Council have accepted comments and testimony under oath from the following individuals: Malcom R. Foley NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny . UPON ROLL CALL, COUNCILMEMBERS Ryan,, Revzlik, Jenny, Kubie, Vinton, Kuhr, Lona and Drbal VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26th DAY OF NOVEMBER, 1985. CITY OF BLAIR, NEBRASKA ATTES ) - 09 - eW VERNA R. BULL, CITY CLERK (SEAL) M. STANLEY J MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 26th day of November, 1985. 4 14../J - 0 2 1 cee, VERNA R. BULL, CITY CLERK COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985- 40 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the following positions are hereby declared to be salaried and bonafide executive positions exempting same from the requirement of the payment of overtime compensation pursuant to Section 213 of the Fair Labor Standards Act of 1938 as amended, to -wit: City Administrator, City Clerk, Director of Public Works, Street Commissioner, Police Chief, Police Captain, and Library Director. BE IT FURTHER RESOLVED THAT by virtue of such executive exemption these positions will not receive overtime compensation, COUNCILMEMBER Drbal MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL, COUNCILMEMBERS Kuhr, Drbal, Rvan, Kubie, Reyzlik, Vinton. Jenny and Lonq VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF DECEMBER, 1985. ATTEST: ,JJ//� ,,,/. / ' 4- ---: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY 1�I /1,/ � i 16041"--' M. STANLEY J SEI& MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 held on the 10th day of December, 1985. VERNA R. BULL, ITY CLERK NI . COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1985— 41 WHEREAS, the Chief of Police of the City of Blair, Nebraska, has discharged Reserve Officer William Hayes for good cause; and WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have fully considered all evidence presented to them concerning said discharge. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the action of the Chief of Police in discharging from employment with the Blair Police Department Reserve Office William Hayes is hereby confirmed based upon his violation of departmental rules as previously specified to Mr. Hayes. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Drbal . UPON ROLL CALL, COUNCILMEMBERS Jenny, Long, Drbal, Vinton, Reyzlik, Kubie and Kuhr VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF DECEMBER, 1985. CITY OF BLAIR, NEBRASKA ATTEST: VERNA R. BULL, CITY CLERK (SEAL BY M. STANLEY Jt%N . MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, 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 23rd day of December, 1985. Le 2 , VERNA R. BULL, CITY CLERK COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: Cotinci NOW, RESOLUTION NO. 1985— 42 WHEREAS, the Mayer and City Council of the City of Blair, Nebraska, have been presented with Amendments to the Police Pension and Retirement Plan which such amendments are required by amendments to DEFRA and REA; and, WHEREAS, such amendments are acceptable to the Mayor and THEREF ©RE BE IT:RESOLVED BY:THE MAYOR CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the amendments to the°PoIiae Pension and Retirement Plan attached hereto, marked Exhibit "A ", and by this reference made a part hereof are hereby adopted. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE MUNICIPALITY are hereby authorized and directed to execute any and all necessary documents to effectuate same. COUNCILMEMBER Kubie MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Kuhr, Kubie, Long, Jenny, Drba1, Reyzlik and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS APPROVED THIS 23rd DAY OF DECEMBER, 1985. ATTEST: VERNA (SEAL) R. BULL, CITY CLERK CITY OF BLAIR, NEBRASKA BY M. STANLEY JEW STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies appointed, qualified, and acting City Clerk Nebraska, and that the above and foregoing at regular meeting of, the Mayor and City ,f Deembe *i985 - VERNA R. BULL that she is the duly of the City of Blair, Resolution was passed Council held on the = CITY uLEnK .