The URL can be used to link to this page

1988 Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rescind one way alleys between 17th and 19th 3481 Washington and Front Amend Assessment Resolution for Street Improvement Dist No. 116 Loading Loop South School encroachment Loading Loop South School 1988 Resolutions Title Dale's House of Bottles approved Amend Assessments St Imp Dist 144 Amend Assessments Water EX Dist 22 Amend Assessments S Sewer Ex Dist 45 1988 One and Six yea:r Street Pl an Ci~y of Blair support for LB 457 Highway expansion Gretna to Blair Blatp Telephone Co vs City of Blair Settlement Nebraska St Cave-In Grant Street Improvement/State of NE Intent to purchase the FmHA Loan Fire Dept One day License for 6-25~88 Series 1985 Water System Rev. Bonds called Reference Ord. 1477 1~~*e~~~~guðr~ur£~;Š Bonds called Tax Increment Bonds for Nebr Ethanol Corp Cafe on Main Liquor Lic J Dog Pound Agreement with Fort Calhoun Collect Special Assessments at City Hall Parking on 23rd and Nebraska PUBLIC HEARING FOR 88-89 BUDGET In Memory of Woody Svendgaard ( Street Impr District No. 146 constr Edwin Belles Easement/Agreement Ed Jipp Constr contract St Impr Dist 146 Blair Youth Complex Agreement i Nathanial Simms Cabinetmaker app to DED 0 V E R Minute Book Page 3462 3462 3463 3463 3465 3467 3474 3474 3476 3477 3479 3479 -"'""'" 3481 3481 ~ 3481 3486 3486 3487 3490 3492 3495 3499 3504 3508 3510 3513 3515 Number Description 29 Change Order No.1 S.I.D. # 146 30 Add Vision to Self-Insured Medical 31 Handicap Parking by Congregational Church 32 Handicap Parking by Post Office Page Number 3515 r" ... COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 1 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class D Spirits, Wine, and Beer Off Sale Only Liquor License for Dale Kruse and Lois C. Kruse, d/b/a Dale's House of Bottles. L. 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 Reyzl i k MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL' CALL, COUNCILMEMBERS Ryan, Reyzlik, Long, Kubie. Kuhr and Jenny VOTING "AYE" AND COUNCILMEMBERS None , VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th. DAY FEBRUARY, 1988. CITY OF BLAIR, NEBRASKA ByðJ], ~~ M. STANLEY J S , MAYOR ATTEST: t2tVj t/, f) ~~ ) Alice I. Diedrich sen, Acting City Clerk (SE~) . ". ." STATE OF NEBRASKA ) )S$ ) WASHINGTON COUNTY Alice 1. Diedrichsen- hereby certifies that she is the duly Nebraska, qualified and acting City Clerk ~fthe City of Blair, and that the above and foregoing Resolution was passed appointed, at a regular meeting of the Mayor and ~ity Council of said City held on the 9th day of February, 1988. .... ø~ e{J. [)4~~/L Alice I.-Diedr;çhsen,-Acting~~ity Clerk r .... COUNCILMEMBER Ku bi e INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988-2 A RESOLUTION AMENDING SECTION 4 OF RESOLUTION NO. 1982~1, THE SAME BEING AN ASSESSMENT RESOLUTION FOR STREET IMPROVEMENT DISTRICT NO. 144, ,CITY OF BLAIR# NEBRASKA, DETERMINING, ASSESSING, CHARGING, AND LEVYING A SPECIAL ASSESSMENT AGAINST PORTIONS OF LOTS, PARTS OF LOTS AND PARCELS OF LAND, AND BY THIS RESOLUTION SPECIFICALLY AMENDING SAME SO AS TO REALLOCATE SUCH ASSESSMENTS AS AGAINST THE PARCELS ORIGINALLY ASSESSED AND THEREBY ALLOWING FOR A DISCHARGE OF SUCH ASSESSMENTS AGAINST PORTIONS AND PARTIAL TRACTS OF THE ORIGINAL LANDS ASSESSED BY SUCH RESOLUTION UPON A PROPORTIONATE PAYMENT OF SUCH ASSESSMENTS, AND FURTHER REPEALING RESOLUTION NO. 1986--48. WHEREAS, the Mayor and City Council of the municipality in the passage of Resolution No. 1986-48 intended to reallocate the assessments against the real estate as set forth in the Section 4 of Resolution 1982-1; and, original WHEREAS, such reallocation did not adjust the front footage cost so that there remained following such resolution an unallocated assessment which remained as a lien on the described real estate; and, WHEREAS, it is necessary to adjust such front footage cost to provide for the extinguishment of the entire lien and the proviSion for payment thereof to eliminate such lien on various parcels of the real estate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4 of Resolution No. 1982-1 shall read as follows: SECTION 4. BE IT FURTHER RESOLVED that there be and hereby is charged and levied for the purpose of paying the cost of said street construction in said Street Improvement District, a special assessment against each of the lots, parts of lots and parcels of abutting benefited upon land in said street Improvement District directly said street construction therein and especially in said by said improvements, in the various amounts said schedule hereinafter set forth opposite the descriptions of lots, parts of lots and parcels of land under the column headed "AMOUNTS OF ASSESSMENTS", said schedule herein referred to being as follows: NAME OF OWNER Greater Blair Corp., a Nebraska Corp. Riverview Industrial Park, a Partnership AMOUNT OF AMOUNT OF SPECIAL SPECIAL . DESCRIPTION BENEFITS ASSESSMENTS The West 300.00 feet of Tax Lot 160 and the East 300.00 feet of Tax Lot 162, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Wash. Co., Nebraska. $4,806.02 $4,806.02 The West 270.00 feet of the East 300.00 feet of Tax Lot 132 and the East 270.00 feet of the West 300.00 feet of the SEl/4 SWI/4, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. $70,247.96 $70,247.96 The foregoing schedule of assessments shall be reallocated to provide that the assessments are being made in accordance with the following reallocation table, at the front foot cost per each lineal foot of the assessed property abutting 1st Street directly and shall foot assessed. lineal extend the entire depth of 270 feet for each NAME OF OWNER Greater Blair Corp., a Nebraska Corp. DESCRIPTION .COST PER FRONT FRONT AMOUNT OF AMOUNT OF FOOTAGE FOOT BENEFITS ASSESSMENTS The West 300.00 feet of Tax Lot 160 and the East 300.00 feet of Tax Lot 162, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Wash. Co., Nebraska. 240.00 $20.025075 $4806.02 $4806.02 The West 270.00 2427.59 $28.937325 $70,247.96 70,247.96 feet of the East 300.00 feet of tax Lot 132, except the South 59.00 feet thereof and the dedicated Right-of- Way of Colfax Street, and East 270.00 feet of the West 300.00 feet of the SE1/4 SWl/4, less the South 59.00 feet thereof and the dedicated R.O.W. of Colfax Street, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. lien for such special assessments may be paid in 1 foot by Riverview Industrial Park, A Partnership The 270 foot parcels as above defined and the lien therefor may be extinguished interest both by payment and in addition payment all of such accrued as of the date hereof and shall which expended in accrue subsequent to this date and any other costs the connection with by Washington County any delinquency Treasurer's office which shall be paid and prorated according to the same per lineal foot allocation. SECTION 2. That Resolution No. 1986-48 is hereby repealed. .. .. SECTION 3. This Resolutiön shall be in force and effect from and after its passage and approval, and a copy thereof shall be published in The Enterprise, the official publication of the City one time. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER L~~gie, Reyzlîk, Long, KUh~~O~ennyR~~~ R.y~~L, COUNCILMEMBERS VOTING "AYE", AND COUNCILMEMBERS None' VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY QF FEBRUARY, 198ß. PASSED AND APPROVED this 9th day of February, 1988. 7J;~' M. 'STANLEY J N,MAYOR ::- ATTEST: _. ~~. Ç[)-~~ - "}\ 1; eel. Die d r ic h 5 en, Act i n 9 C i t y C 1 e r k _(SEAL) STATE OF NEBRASKA ) )ss } WASHINGTON COUNTY Alice 1. Diedrichsep, hereby certifies that she is the duly appointed, qualified, and acting C.ity Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was at a regular meeting of the Mayor and City Council held passed on the 9th day of February, 1988. !2&u~ f)~~ . ACT I NG CITY CLERK . Alice!. Ðiedrichsen " COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988-3 A RESOLUTION AMENDING SECTION 4 OF RESOLUTION NO. 1982-2, THE SAME BEING AN ASSESSMENT RESOLUTION FOR WATER EXTENSION DISTRICT NO. 22, CITY OF BLAIR, NEBRASKA, DETERMINING, ASSESSING, CH~GING, AND LEVYING A SPECIAL ASSESSMENT AGAINST PORTIONS OF LOTS, PARTS OF LOTS AND PARCELS OF LAND, AND BY THIS RESOLUTION SPECIFICALLY AMENDING SAME SO AS TO REALLOCATE SUCH ASSESSMENTS AS AGAINST THE PARCELS ORIGINALLY ASSESSED AND THEREBY ALLOWING FOR A DISCHARGE OF SUCH ASSESSMENTS AGAINST PORTIONS AND PARTIAL TRACTS OF THE ORIGINAL LANDS ASSESSED BY SUCH RESOLUTION UPON A PROPORTIONATE PAYMENT OF SUCH ASSESSMENTS, AND FURTHER REPEALING RESOLUTION NO. 1986-49. WHEREAS, the Mayor and City Council of the municipality in the passage of Resolution No. 1986-49 intended to reallocate the assessments against the real estate as set forth in the original Section 4 of Resolution 1982-2; and, WHEREAS, such reallocation did not adjust the front footage cost so that there remained following such resolution an unallocated assessment which remained as a lien on the described real estate; and, WHEREAS, it is necessary to adjust such front footage cost to provide for the extinguishment of the entire lien and the provision for payment thereof to eliminate such lien on various parcels of the real estate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4 of Resolution No. 1982-2 shall read as follows: SECTION 4. BE IT FURTHER RESOLVED that there be and hereby is charged and levied for the purpose of paying the cost of said wa"ter line construction in said Water Extension District, a special assessment against each of the lots, parts of lots and parcels of land said Extension District directly in Water abutting upon said water line construction therein and especially benefited said by said improvements, in the various amounts in said schedule hereinafter set forth opposite the descriptions of headed lots, parts of lots and parcels of land under the column "AMOUNTS OF ASSESSMENTS", said schedule herein referred to as follows: NAME OF OWNER Greater Blair Corp., a Nebraska Corp. Riverview Industrial Park, a Partnership being DESCRIPTION AMOUNT OF SPECIAL BENEFITS AMOUNT OF SPECIAL ASSESSMENTS The West 300.00 feet of Tax Lot 160 and the East 300.00 feet of Tax Lot 162, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Wash. Co., Nebraska. $2,654.68 $2,654.68 The West 270.00 feet of the East 300.00 feet of Tax Lot 132 and the East 270.00 feet of the West 300.00 feet of the SEI/4 SWI/4, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. $29,623.35 $29,263.35 The foregoing schedule of assessments shall be reallocated to provide that the assessments are being made in accordance with the following reallocation table, at the front foot cost per each lineal foot of the assessed property abutting 1st street directly and shall foot assessed. extend the entire depth of 270 feet for each lineal NAME OF OWNER Greater Blair Corp., a Nebraska Corp. Riverview Industrial Park, A Partnership The lien for DESCRIPTION COST PER FRONT FRONT AMOUNT OF AMOUNT OF FOOTAGE FOOT BENEFITS ASSESSMENTS The West 300.00 feet of Tax Lot 160 and the East 300.00 feet of Tax Lot 162, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Wash. Co., Nebraska. 240.00 $11.06118 $2654.68 $2654.68 The West 270.00 2479.59 11.801.69 29,263.35 29,263.35 feet of the East 300.00 feet of Tax Lot 132, except the South 33.00 feet thereof and the dedicated Right-of- Way of Colfax Street, and East 270.00 feet of the West 300.00 feet of the SE1/4 SW1/4, except the South 33.00 feet thereof and the dedicated Right-of-Way of Colfax Street, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. such special assessments may be paid in 1 foot by 270 foot parcels as above defined and the lien therefor all extinguished interest may be by payment and in addition of such payment both and shall which accrued as of the date hereof accrue subsequent to this date and any other costs County connection expended in with Washington delinquency by the any Treasurer's office which shall be paid and prorated according to the same per lineal foot allocation. SECTION 2. That Resolution No. 1986-49 is hereby repealed. ... . .. SECTION 3. This Resolution shall be in force and effect from and after its passage and approval, and a copy thereof shall be published in The Enterprise, the official publication of the City one time. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzli k. . . UPON ROLL CALL, COUNCILMEMBERS Ryan, Lone, Reyzlik, Kubie, Kuhr~ and Jenny VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUT¡ON PASSED AND ADOPTED THIS 9th DAY OF FEBRUARY, 1988. PASSED AND APPROVED this 9th day of February, 1988. ø;.~ K. STANLEY J . S ,HAYOR - .. CATTEST: ~.-{£~~g City Clerk J SEAL ) STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY Alice I. Diedrichsen, hereby certifies that she 1s 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 Februazy, 1988. f)ð.- y.D~j ~Lr;edr;Chsen, Ac. ng\;1tyClerk .. COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988-4 A RESOLUTION AMENDING SECTION 4 OF RESOLUTION NO. 1982-3, THE SAME BEING AN ASSESSMENT RESOLUTION FOR SANITARY SEWER EXTENSION DISTRICT NO. 45, CITY OF BLAIR, NEBRASKA, DETERMINING, ASSESSING, CHARGING, AND LEVYING A SPECIAL ASSESSMENT AGAINST PORTIONS OF LOTS, PARTS OF LOTS AND PARCELS OF LAND, AND BY THIS RESOLUTION SPECIFICALLY AMENDING SAME SO AS TO REALLOCATE SUCH ASSESSMENTS AS AGAINST THE PARCELS ORIGINALLY ASSESSED AND THEREBY ALLOWING FOR A DISCHARGE OF SUCH ASSESSMENTS AGAINST PORTIONS AND PARTIAL TRACTS OF THE ORIGINAL LANDS ASSESSED BY SUCH RESOLUTION UPON A PROPORTIONATE PAYMENT OF SUCH ASSESSMENTS, AND FURTHER REPEALING RESOLUTION NO. 1986-50. WHEREAS, the Mayor and City Council of the municipality in the passage of Resolution No. 1986-50 intended to reallocate the assessments against the real estate as set forth in the original Section 4 of Resolution 1982-3; and, WHEREAS, such reallocation did not adjust the front footage cost so that there remained following such resolution an unallocated assessment which remained as a lien on the described real estate; and, WHEREAS, it is necessary to adjust such front footage cost to provide for the extinguishment of the entire lien and the provision for payment thereof to eliminate such lien on various parcels of the real estate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4 of Resolution No. 1982-3 shall read as follows: SECTION 4. BE IT FURTHER RESOLVED that there be and hereby is charged and levied for the purpose of paying the cost of said sewer line construction in said Sanitary Sewer Extension District, a special assessment against each of the lots, parts of ..- , " lots District therein and parcels said Sanitary sewer line Sewer Extension of land in construction directly abutting upon said and -especially benefited by saidlmprovements, 'in the NAHE OF OWNER DESCRIPTION A tract of land described, as follows: Beginning at the 1/4 1/4 corner north of the southwest corner of Sec. 7, Township 18 N, - R12 East, and assuming the West line of the SW1/4 SW1/4 of Sec. 7 to bear due North South; thence south ~ distance of 547.41 feet; thence east to a point 300.00 feet west of -the east line of the SW1/4 SW1/4; thence southerly parallel with the east, line of the SW1/4 SW1/4 to the south' line of the S1/2 SW1/4; tl1ence easterly along the south line of the S1/2 SW1/4 a distance of 600.00 feet; thence northerly paralle). to the east line of the SW1/4 SW1/4 to the north line of AMOUNT OF SPECIAL BENEFITS oppos ite "'àrlousamounts in said schedule hereInafter set forth land thedesc:rlp~ions of said lots, parts of lots and parcels of under the column headed "AMOUNTS OF ASSESSMENTS", said hereln.refer:red to.belÞgè1sfollows: schedule AMOUNT OF - SPECI At ASSESSMENTS . " . - .. . the Sl/2 SW1/4; thence westerly along said north line to the point of beginning; lying in the Sl/2 SW1/4 of Sec. 7, Twp. 18 N, Range 12 East of the 6th P.M., Washington Co., NE, less the dedicated streets lying within said tract. $25,811.26 $25,811.26 The foregoing schedule of assessments shall be reallocated to provide that the assessments are being made at the rate of $5.1672332 per lineal foot of such tract abutting 1st Street directly extending adjacent to the property described hereinabove and the entire depth of 270 feet of each lineal foot and $5.1672332 per lineal foot of such tract abutting Colfax Street directly adjacent to the property described hereinabove and extending the entire depth of 200 feet of each lineal foot for the area lying south of Colfax Street and the entire depth to the northern boundary of the above described assessed real estate of each lineal foot for the area north of Colfax Street. The lien for such special assessments may be paid in such lineal foot increments as above defined and the lien therefor may be extinguished by such payment and in addition payment of all interest both accrued as of the date hereof and which shall accrue subsequent to this date and any other costs expended in connection with any delinquency by the Washington County Treasurer's office which shall be paid and prorated according to the same per lineal foot allocation. SECTION 2. That Resolution No. 1986-50 is hereby repealed. SECTION 3. This Resolution shall be in force and effect 4. _00 <. .. from andaftet its passage and approval, and a copy thereof shall be published in The Enterprise, the official publication of City one time. the COUNCILMEHBER Kuhr 0 0 MOYEDTHAT THE RESOLUTION 0 BE ADOP'rEDASREAD, . WHICH SAID MOTION WAS SECONDED BY COUNCILHEMBER 0 Ryan 0 . 0 00. UPON ROLL CALL, COUNCILMEMBERS Kubie~KubrLR'(Ao~~ennY~Reyzlik.andLoog .0 0 o. VO'l'ING"AYE", AND COUNCILMEMBERSNon~ 0..00 0 VOTING "NAY", THE MAYOR DRCLARED'1'HE FOREGOING RESOLUTION pASSED AND . ADOPTED 'lifts 9 t h DAY OF FEBRUARY, 1988. 0 P AS SED AND APPROVED this 9th day of February, 1988. ~~T~ ATTEST: :~6P.f) ~d4 «';(A~ A 1 i eel. Oi edri ch$ en t Aeti n9 City Clerk - STATE OF. ~EBRASKA WASHINGTON COUNTY ) lsB ) (SEAL) Al ice I. Oi edri ehsen, hereby .cèrtifies that appointed,. qualified, and acting CltyClerk of 0 9th day of Februåry, 1.988. she is Nebraska, and that the above and foregoing Resoluticmwas at a regular meeting of the Mayor~nd CltyCauncl1held 0 0 o()lf~!j~~{)AL~N~;¡~..o 00 Alice L[}iedrtehs~nt Acting City 001 I . - , COUNC I LMEMBERRy an INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 5 BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1988 One and Six Year Plan for the constructiona[1d,rIlaint- enance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent,and attached hereto, marked Exhibit "A" and by this reference made a part hereof, be and is hereby adopted. BE IT FURTHER RESOLVED that a certifedcopy of said plan be filed with the State Highway Department of the State of Nebraska. COUNCILMEMBER La 09 ' MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubi e ,. UPON ROLL, CALL,COUNCILMEMBERS Ryan, Long, .Kubi e, Vinton,. Kuhr, r<rosand Jenny VOTING "AYE" AND COUNCILMEMBERS None VOTING II NAY II , THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF FEBRUARY, 1988. ' CITY OF BLAIR, NEBRASKA ];lJ . M. STANLEY JENS VERNA R. (SEAL) STATE OF NEBRASKA) WASHINGTON COUNTY) ss 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 aboveartd:"fÇ3".egoing Resolution was. passed at a regu.lar meeting of the < ',', ~ . ' .; Mayor a:tl'd Gi1;y C9untìl of said city held on the 23rd day of February, 1988. , ,'.' - ,. L p~ VERNA R. BULL, CITY CLERK ",: : - ,< ,.' -v" .. .. A~ February 23, 1988 Mayor and City Council Blair; Nebraska The following is the 1988 One and Six year Plan. foY' the City of Bra'ir, Nebraska which is submíttedfdryour final review and adoption. YEAR. 1988 1988 1988 1988 1988 1988 1988 1988 1988 1988 1988 1988 1988 1988 PROJECT NO. M-IS? (M..;83a) M;,.157 (M"-83b) M-J57' (M~83c) M-,157 (M~83d) M-157 (M~83e) M-151 CM-S3f) M..157 (M-83g.) M...IS7 (M-83h} M-157 (M-83i) M-157 (M-83j) M-157 (M-83k) M-1S7 (M-84) M;,.157 (M~43} M-lS7 {M-l8} DESCRIPTION Elm Drive - 25th Street East to existing asphalt and 24th Avenue - Elm Drive' . North to Cul-de-sac. (Asphalt Overlay) South Street - 20th Street to 23rdStreet (A$þhalt Overlay) South Street - 25th Street to 350 feet, East of 25th Street. {Asphalt OverTây} Eighteenth Street - South Street to Colfax Streett,Asphalt Overlay) Seventeenth Street ... Lin<:oln Street to Grant'Street including parking area. (Asphalt Overlay) Lincoln Street ... 13th Streettol4th Street (Asþha lt Overlay) Wi1bur street ... 13th Street West to exi sii. ngasphalt (Aspha ltOver 1 ay) Tenth Street -Jackson street to Adams Street (Asphalt Overlay) " Twelfth Street - Fairview Drive to Adams street (Asphalt Overlay) . . Tenth 'Street- Nebraska Street to State Street (Asphalt Over1 ay) Alley -Blocks 37, 38 and 39, Original Townsi-te of Blð1r (Asphalt. Overlay) HighwayNq. 30 - L inco 1n Street to WashingtonStteet (Asphalt Overlay} Miscellaneous Street Repair Layaway for ma~chin9funds (1) .. .. _¿d . ... 1988 One and Six Year Plan (continued) YEAR 1988 PROJECT NO. M-15] (M-48) 1989 M-157 (N-85) 1989 M-157 (N..;43) 1989 M-157 (N-18) 1990-1993 M-157 (33) 1990-1993 M-157 (35) 1990-1993 M-157 (46) 1990-1993 M-157 (52) WDW/pf DESCRIPTION Iowa Street Extension to Old Highway No. 30 Miscellaneous Asphalt Overlay Projects Miscellaneous Street Repair Layaway for matching funds (Highway 75 to Collector- Belt No.1 First street) Collector Belt No. 2 (Hi~hw.ay 75 to Highway 30-133) Extension of Thirteenth Street North to State Street Road from Highway No. 91 to Black Elk Park ReS;:ç SJZð: Warren D.. Whitaker, City Street Superintendent City of Blair, Nebraska " COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 6 . - WHEREAS L.B. 457 has been introduced before the Unicameral of the State of Nebraska; and, WHEREAS, said L.B. 457 specifically includes the development of a four lane expressway from near Gretna, Nebraska, to Blair, Nebraska, allowing north and northeasterly bound interstate through traffic to bypass downtown Omaha; and, WHEREAS, the Mayor and City Council of the City of Blair strongly support such development and pr9posed construction and L.B. 457. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City L.B. of Blair, Nebraska, that it hereby endorses and supports 457 and urges it final passage and adoption as quickly as possible. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kub1e . UPON ROLL CALL, COUNCILMEMBERS Jenny. Ryan. Kubie. Kuhr. Vinton. Reyzlik. Kros and Long' VOTING "AYE", ANDCOUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF MARCH, 1988. :: CITY OF BLAIR, NEBRASKA BY~T~~ ATTEST: ;F~zR7{~1L VERNA R. BULL, CITY CLERK (SEAL) . ./ ., STATE OF NEBRASKA WASHINGTON COUNTY VERNA R. ) )ss ) 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 at a regular meeting of the Mayor and City Council of said held on the 8th day of March, 1988. :: £21 F -i:, d VERNA R. BULL, CITY CLERK passed City COUNCILMEMBER Reyzl; k INTRODUCED THE FOLLOWING RESOLUTION: , RESOLUTION NO. 1988- 7 WHEREAS, the Mayor and City Council have been offered a settlement proposal in the case pending in the District Court of Washington County, captioned The Blair Telephone Company vs. City of Blair, Case No. 9659, Docket DD, Page 79; and, WHEREAS, the terms and conditions of such settlement include a proposed release to be given by the City of Blair to the Blair Telephone Company, the form and substance of which is set forth in Exhibit "A" attached hereto and by this reference made a part hereof; and, WHEREAS, the Mayor and City Council are in agreement with the granting of said release. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Release, attached hereto, marked Exhibit "A" is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS ReyzlTk, Long, Kros, Jenny, Vinton, Kub;e and Kuhr VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF APRIL, 1988. BY M. STANLEY JE ATTES~ /? _! ~ ,~~f2~~ VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY VERNA ) )ss ) R. hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, BULL, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said held on the 12th day of April, 1988. ~ /} .¡t,,¿¿ VERNA R. BULL, CITY CLERK City GENERAL RELEASE AND SETTLEMENT OF ALL CLAIMS KNOW ALL THESE MEN BY THESE PRESENTS that the City of Blair, Nebraska, a Municipal Corporation, by and through its duly authorized elected officials, for valuable consideration, including the dismissal of a certain case entitled The Blair Telephone Company vs. The City of Blair filed in the District Court of Washington C'ounty, Nebraska, Case No. 9659, Docket DD, Page 79, receipt of such valuable consideration being hereby acknowle.dged, the undersigned does hereby release, acqui t and forever discharge The Blair Telephone Company and all others directly and indirectly liable, including its successors and assigns, parent and subsiding corporations, employees, or agents, if any, from any and all claims,- demands, actions and causes of actions, damages, claims of injury, cost, attorney's fees and other expenses which it now may have or may have in the future against The Blair Telephone Company and all others directly or indirectly liable, inclu.ding all of its successors, assigns, parent and subsiding corporations, their agents or employees arising out of, directly or indirectly the "cave in" of Nebraska Street, at or near Cauble Creek, all in Blair, Nebraska, on or about Maya, 1984. This set tlement is in compromise of dispu,ted claims and causes of action and is not to be construed as an admission of liability on the part of the parties released who expressly deny any and all liability in the matter. This release contains the entire agreement between the parties and no other statements or representations shall be competent or admissible to establish the inducement of this settlement and the undersigned declare that there has been no other statements or representations on behalf of the released parties which have influenced or induced the undersigned to make this settlement. This re'lease shall be binding upon the parties hereto and shall be binding upon the agents, successors, heirs or assigns in this release in the terms thereof shall be construed as contractual and not as a mere recital. DATED this _~~~h day of --~~!:.~:_---, 1988, at Blair-, Washington_County, Nebraska. ,- ATTEST CITY OF BLAIR, NEBRASKA, Political Subdivision, ---_~__e_~__- Clerk BY_Ø2.'..'.. ~-~.'. ---A~ ø~. --Çr5....~~. -~--- . M. Stanl;~~~~~,tJl;;or .. . . - " RELEASE FOR AND IN CONSIDERATION of the sum of Twelve Hundred Dollars ($1,200.00), paid to the undersigned, Blair Telephone Company, receipt of which is hereby acknowledged, Blair Telephone Company, its successors in interest, predecessors in tnterest, related companies or entities, and all other persons or firms connected therewith (herein cumulatively referred to as IIReleasors") do hereby release and forever discharge the City of Blair, Nebraska, its officers, agents, employees, independent contractors, attorneys, successors and assigns, and their respective insurers (herein cumulatively referred to as IIReleased Partiesll) from" any and all liability for any damages sustained by the undersigned when Nebraska Stqaet partially collapsed allegedly causing da.mage to property owned by Releasors. IT IS UNDERSTOOD AND AGREED that this is a full and complete settlement of the 1 iabl1 i ty of Released Parties and all other persons, fi rms and corporations and includes all injuries and damages which Releasors have sustained or will sustain as a result of such incident, and includes all future developments therefrom, whether now known or hereafter to become known. IT IS FURTHER UNDERSTOOD AND AGREED that this is a compromise settlement of a disputed claim, the liability for which has been and hereby is expressly denied by Released Parties and this Re1ease is not to be construed as an admission of liability. IT IS FURTHER UNDERSTOOD AND AGREED that Releasors have paid or will pay any party or entity entitled to reimbursement for money paid or services rendered to or for the undersigned in connection with the above-described incident. The undersigned further warrants that there arena subrogation interests, no liens or other interests of any nature or kind whatsoever against any settlement proceeds paid herewith. , . . . . . IT IS FURTHER UNDERSTOåDANÞAGREED that as a part of this Release, an action now pending in thetl1str1tt Court of Wa$h1ngt'ónCounty,Nebraska, Case . . 9659, Docket DO, Page 79, entitled "The Bla1rl'elcephone Company, ANebr~$ka Corporation, Plaintiff, VS. C1tyofBlair. Heþraska. A Murtic1pal Corporat1o:nt . , , , , Defendantlt, .shall:bedism1ssedw1th prejudice. "eachparty to pay 1ts,owfÎ .costs, complete record waived. THE BLAIR TEl£PHONECOMPANY By I tsAuthor1 zed Repres,entat iv'a WITNESS: JohnE. Samson Attorney. .attaw . 'P..G. BO"x 627 Blair"HE 6800.8 027080986/01.:1 -2.. .. ~ . - . \; . ... .. ... COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 8 WHEREAS, the Mayor and City Council have been presented with an agreement for the improvement of Grant Street in Blair pursuant to the terms and conditions set forth in the Agreement attached hereto, marked Exhibit "A"; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Agreement and that the project be constructed under the designation of Project No. M-6456(1). NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the agreement attached hereto, marked Exhibit "A" be approved and adopted by the municipality and that said project as detailed therein be constructed under the project designation as set forth in said agreement. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute such agreement on behalf of the City of Blair. COUNCILMEMBER Je.nny MOVED THAT THE RESOLUTION BE AOOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzl1k . UPON ROLL CALL, COUNCILMEMBERS Kuhr~ Jenny, Reyzl1k, Vinton, Kubfe, Long and Kros VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF APRIL, 1988. CITY OF BLAIR, NEBRASKA BY~~4~~ M. STANLEY JEN N AYOR ATTE~ .. Vb1A/ ê £d VERNA R. BULL, CITY CLERK (SEAL) . '" . .~ STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY VERNA R. hereby certifies that she is the BULL, 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 held on the 12th day of April, 1988. !!:L~ I 1i? ~-4 VERNA R. BULL, CITY CLERK City ! q 9 J7 . .ffi-)¡~ k <ff.r/~ T' .' '-"""/I£1£.M> - ~i2A.b"~~</ ~oPy p~ -- AGRgEMgNT (Program) PROJECT NO. M-6456(1), STATE CONTROL NO. 21330 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVE GRANT STREET IN BLAIR THIS AGREEMENT, (Program), made and entered into by and between the City of Blair, hereinafter referred to as the "City", and the State of . Nebraska, Department of Roads, hereinafter referred to as the "State", WITNESSETH: WHEREAS, certain streets in said City have been designated as being eligible for Federal Aid Urban Funds by the Department of Transportation, Federal Highway Administration, hereinafter called FHWA, in compliance with Federal laws pertaining thereto, and WHEREAS, Federal Aid Urban Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible city streets ,and WHEREAS, the Federal share payable on any portion of a. project authorized after November 6, 1978 shall be 75 per centum of the eligible engineering, right-of-way, utilities and construction costs thereof, and WHEREAS, regulations for carrying into effect the provisions of the above mentioned act provide that the Federal share of the cost of such projects shall be paid only to the State, and WHEREAS, said regulations provide that the State shall supervise the contract letting and will insure that such projects receive the same degree of supervision and inspection as a project constructed under a contract let and directly supervised by the State, and WHEREAS, said regulations further permit the use of funds other than State funds in matching Federal funds for the improvement of those city streets, and WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of the proposed work and Federal funds for the construc- tionof the proposed improvement, with the understanding that no State Funt;ls are to be expended on this project, and WHEREAS, it is the desire of the City that said project be constructed under the designation of Project No. M-6456(1l, as ev.idenced by the R..olution of the City Council J..tt:d the ~ t. Jety of attached hereto, identified as Exhibit "B", and hereby made a part of this Agreement, and WHEREAS, the City has earmarked and will place in its fiscal budget $25,000,00, which is estimated to be the City's share of the cost of the Project, however, both parties recognize this is a preliminary estimate only and that the final costs may well be higher or lower than this preliminary estimate, and WHEREAS, the description of the project is as follows: Improve Grant Street in Blair by constructing twin 12-foot by 12-foot concrete culverts near 4th Street on South Creek, NOW THEREFORE, in consideration of these facts, the parties hereto a9 ree as fonaw.s: SECTION 1. The State hereby agrees to present the above'mentioned project to theFHWAforits approval, and the construction of that project under the terms of this agreement shall be contingent upon the approval of the FHWA. SECTION 2. The City, with such assistance as may be required from the State, agrees to perform or cause to be performed a preliminary survey and all necessary plaos, specifications and estimates for the proposed work. All plans, specifications, estimates and surveys must be presented to the State for approval to insure adherence to Federal standards, SECTION 3. The project will be designed according to the 1985 State of Nebraska Standard Specifi.cations for Highway construction and all supple- ments thereto; the State of Nebraska Standard plans for Highway construc- tion; the Minimum Design Standards of the Board of Public Roads Classifications and Standards; and the State of Nebraska Road Design Manual. Any deviations from the above must be approved by the S.tate and the FHWA prior to preparation of plans. SECTION 4. The State agrees tç provide'such assistance as required in Section 2, and to receive and review aHplans, specifications; estimates and surveys of the City to insure they conform to Federal Standards. SECTION 5. The parties hereto agree that the construction engineering, which includes construction staking, inspection and field testing, will be accomplished by State forces, City forces or a consultant selected by the Project No, M-6456(1) City of Blair -2- '." City. In all cases, the State will provide a Project Manager who will have direct and responsible charge òf the project. The State, if it desires the City to perform any or aU of the required construction engineering services, will communicate, with the City approximately three (3) months prior to the bid Jetting. SECTION 6. Any preliminary engineering services to be performed by the City, State or by a Consultant will be funded solely with City Funds and will not be eligible for Federal participation. SECTION 7. The parties further agree the State is' to advertise and conduct a letting and receive bid~ for the City on the contemplated imp rovement. The selection of low bidders and the awarding of a contract or contracts sh~1I be concurred in ,by the City prior to award. Said contract shall be signed by the City.. Thirty (30) days prior to construction work beginning, the City will pay to the State 25 percent of the amount reflected, in the construction contract, plus 25 percent of the estimated engineering and contingencies that may be incurred. SECTION 8. The City agrees to locate and reference or have located and referenced all section corners, quarter section corners and sub-division lot corners required for construction of the proposed project in accordance with Neb. Rev. Stat. §39-1708 (Reissue 1984). SECTION 9. The City will be responsible for the actions required to complete the environmental requirements of the Environmental Action Plan of the Nebraska Department of Roads. Where an offer of the public hearing is required by the Environmental Action Plan, the State will offer an opportunity for a location public hearing or design public hearing or combined location and design public hearing for this project. In the event a public hearing is required, the City agrees to make the . preliminary arrangements in cooperation with the State's Hearing Officer and to participate in the public hearing at a time and place agreeable to the representatives of the State and the FHWA. SECTION 10. If Federal participation is to be received for any portion of the work on the proposed project, it is necessary that all phases of work, including but not limited to preliminary engineering, acquisition of right of Project No. M...6456(1) City of Blair -3- way, utHitiesandconstruction be accomplished in accordance with the appropriate Federal requirements. Prior .to beginning any phase of work on the project the City shall contact the State to ensure that all work will be accomplished in accordance with the appropriate Federal requirements. SECTION 11. If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices¡ Act as provided by Neb. Rev. Stat. 148-1101, 48-1103 through 48-1113, 48-1115 through 48-1126 (Reissue 1984); 48-1102, 48-1114, (Supp. 1986), and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "A" attached hereto and hereby made a part of this agreement. exhibit shall mean the "City." The reference to "Contractor" in this SECTION 12. MINOR'I,TV BUSINESS ENTERPRISES A. Policy The City and State agree to ensure that minority business enterprises as defined in 49CFR Part 23 shall have the maximum opportunity to parti- cipatein the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the minority business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into this agreement. B. Minority Business Enterprises Obligation The City and State agree to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the perfor~ance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. I n this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award .and performance of FHWA assisted contracts. The City acting as a subrecipient of Federal-aid funds on this project agrees to adopt the minority business enterprise program of the State for the Federal-aid contracts the City enters into on this project. . Project No. M-6456(1) City of Blair -4- On any work performed by the City, failure of the City to carry out the requirements set forth above shall constitute breach of contract and, after the notification of theFHWA, may result in termination of the agree- ment or contract by the State or such remedy as the State deems appropriate. SECTION 13. Changes to the ptoject mëlde either during construction or after the project is completed, including roadway geometries, access control, commercial driveways, median. breaks, parking restrictions, utility revisions or other traffic control items shall require prior approval of the State with concurrence of the Federal Highway Administration. Changes to residential driveways on the project, unless in a controlled access area, will not require the approval of the State but shall be accom- plished according to the guidelines established in the "Informational Guide for Preparing Private Driveway Regulations for Major Highways" as published by the American Association of State Highway Officials. Requests for changes during project construction shall be made to the State's project manager. Requests for changes after the project is com- pletedshalt be made to the State's Access Control and Permits Officer. . The City agrees to pass and enforce an ordinance as required to effect the following restrictions within the project limits: No Pa rking SECTION 14. Upon completion, this p.roject shall be maintained by the City at its own expense, and the City agrees to make provisions each year for the maintenance costs involved in pròperly maintaining this facility. SECTION 15. Any utility installations made within the right of way of this project afterexecutÎon of this agreement will be in accordance with the provisions of Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 3, Subsection 1, "Utility Relocations, Adjustments and Reimbursement", and Subsection 2, "Accommodation of UtiUtiestt issued by the U. S. Department of Transportation, Federal High.way Administration, or a State approved Utility Accommodation Policy. I n order to receive Federal-Aid Funds for this improvement, the City agrees to adopt the "Policy for Accommodating Utilities on State Highway Right-of-Waytt issued by the State November 9,1987, and its subsequent revisions or additions. It is mutuafly understood that all nonbetterment municipally owned and operated utility rehabilitation costs within the corporate limits of the City Project No. M-6456(1) City of Blair -5- ; , will become a project cost, but that outside said corporate limits, only the . nonbetterment portion of the rehabilitation costs of facilities currently occupying private right of way will be reimburs,ed. further ,it is understood that there will be no Federal reimbursement for private or nonrnunicipally owned and operated utilities if they are located on public right of way, however, it is also understood that nonbetterment costs of privately owned and operated utilities will be reimbursed if they exist on privately owned right of way and it is necessary to rehabilitate the utilities due to this project. An such reimbursements shall be based on items and estimates submitted by the utility and approved by the City, State and FHWA. Should this project necessitate the nonbetterment rehabilitation of any municipally and/or privately owned and operated utilities, the parties hereto agree to enter into a Supplemental Agreernent to provide for the construction of the nonbetterment utilities and the reimbursement to the City for the Federal .share of the costs of the nonbetterrnent utility construction. The parties hereto agree that should any non betterment utility rehabilitation be accomplished before State and FHWA approval of a Supplemental Agreement, said rehabilitation work shall beat the sole expense of the City. SECTION 16. If Federal participation is requested in right of way appraisal or acquisition, the state will appraise and acquire any new o,r additional right of way. The apprQpriate procedures as outlined in the current Nebraska Right of Way Manual approved by the FHWA shall be followed. Regardless of whether or not Federal funds are requested for the right of way, the City agrees to contact the State prior to beginning any right of way activity in order that the State may advise the City of the required right of way functions and procedures. It is understood that any right of way sfi!rvices furnished by the State, if requested, shall be considered as a part of the cost of the project and thfi! State's expenses therein shalt be included as costs of the project as specified in Section 21 hereof. SECTION 17. The City agrees, at no cost to the State, to clear the present right of way of this project of all advertising signs. The City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old Project No. M-6456(1) City of Blair' -6- and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. SECTION 18. The City hereby agrees and will certify after accomplishment that any right of way for this improvement not donated in C9rnpliance with FHWAguidelines will be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the State's Right of Way M~nual as approved by FHWA. SECTION 19. I n the event that Relocation Assistance (financial aid to those persons relocated due to the road, improvement) as defined in Pubtic Law 91-646 (Title 42, United States Code) and'Neb.Rev.Stat. §76-1201 (Reissue 1986), is required for this improvement, the City shall enter into an appropriate agreement with the State in order that the State may perform the necessary and required relocation assistance functions .It is understood that all r~location assistance services furnished by the State in this connection shaH be considered as a part of the cost of the project and the State's expenses therein shall be deducted from the Federal monies received prior to reimbursement to the City. It is understood that the State's expenses will not include any prorated or administrative costs, or expenses of administrative officials, in the cost of this project. SECTION 20. It is understood that before final acce.ptance of the project by the FHWA aU signing and marking will be in conformance with the Manual on Uniform Traffic Control Devices. The edition of the manual which is current at the time of final acceptance shall be used. SECTION 21. It is understood that the costs incurred by the State with respect to the entire project shall be considered as apart of the cost of the project to be paid out of City and Federal funds. It is also understood that the costs incurred by the State attributable to this project, will not include any administrative costs or expenses of administrative officials. The City understands that the State may, at its discretion, initiate progress invoices for costs incurred by the State during the progression of the project and the City agrees to pay such invoices within thirty (30) days of their receipt. It is further understood that the City's share of the total project cost shall be all costs not paid for by Federal funds. Project No. M-6456(1) City of Blai r -7- ," The final settlement between the State and the City will be made after the final costs have been determined by the State. The amount of the final settlement between the State and the City will be the difference between: (1) (a) the net expenditure by the City for actual cost items (b) plus the value of work performed by the City based on agreed prices (c) plus cash advances by the City to the State (d) less previous payments by the State to the City AND, (2) The City share of'the project cost. If (1) is greater than (2) the State will pay to the City the difference within thirty (30) days after that determination has been made. greater than (1) the State will bill the City for the difference. If (2) is The City agrees to pay the St.ate the amount of such bill within thirty (30) days of Its receipt. The criteria contained in Part 1.31.6 of the Federal Acquisition Regulation System (48 CFR 1.31.6) shall be applied to determine the allowability of costs incurred by the City under this agreement. The city shallmaintainatl books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the State and the Federal Highway Administration or any authorized representa- tives of the Federal government, and copies thereof shall be furnished by the City if requested. SECTION 22. It is mutuaHy agreed that final approval of the project will be made by the State and the FHWA and that final payment cannot be made to the City until the project has been approved by the State and FHWA. SECTION 23. It is understood by the City that payment for the costs of this project, whether theY be services, engineering, right of way, utilities material or otherwise, are the sole responsibility of the City where Federal participation is not allowable or available. Therefore, where the Federal government refuses to participate in the project or any portion thereof the Project No. M-6456{1) City of Blair -8- < I .., , ' , , ' City,Js r8sponsible'for futl project Pé\v~ent ,with Rocost or expense to the , , ' 'Statein$uc.hproject or portion thereof.. Sbou Id thePrøject be abandoned , , , ' , ' before complêtion,the City win payalleosts, incurred by the State prior to , ' the parties hereto tntve caused thasepresentS EXEèUTEDbyth. City thi$..J.J.tL. daVef , ' ~ " ' , , ' WiTNESS: CITY OF BLAIR , 19...tt.... ',"'.".{)~"1e'~' City Clerk , . , , ' EXECUTED by tt1ë. $ tateth is day of STATE 'OF NEBRASKA DEPARTMENT OF ROAPS ,; 19~. Director"State En~in"~A"..Jv,,'~ " . ',., ,." " "',,'It! ~-, ~r ' , , ,~l.,.", ' I I I , 4 ~ . .. ,. NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor"), agrees as follows: (1) (2) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondis- crimination in federally assisted programs of the Department of Trans- portation (Title 49, Code of Federal Regulations, Parts 21 and 21, hereinafter refe.rred to as the Regulations), which are herein incor- porated by reference and made a part of this contract. Nondiscrimination: The contractor, with regard to the work per- formed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap race, cotor, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the dis- crimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II A", .. B" and "C". (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subco~tractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap race, color or national origin. (4) I nformation and Reports: The contractor will provide an information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regu- lations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish thi.s information, the contractor shaH so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncom- pliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appro- priate, including but not limited to, withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (a) (6) Incorpo.ration of Provisions: The contractor will include the provisions of paragraph. (1) through (6) in every subcontrac.t, including procure- ments of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Hi.ghway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direc- tion, the contractor may request the State to ent~r into such litiga- tion to protect the interests of the State, and in addition, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT nAif COUNCILMEMBER KUBIE INTRODUCED THE FOLLOWING RESOLUTION: RESOLU'l'IONNO.1988- 9 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City Clerk is hereby authorized and directed to file an indication of interest with the Farmers Home Administration for the purpose of notifying said administration that the City of Blair intends to elect to purchase the loan which the municipality has with Farmers Home Administration and the proceeds of which were used to construct in part the water treatment facility for the municipality. Said indication of interest shall be filed pursuant to the discount purchase program being offered by Farmers Home Administration. COUNCILMEMBER LONG MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN' . . UPON ROLL CALL, COUNCILMEMBERS KUBIE, LONG, RYAN, KROS, KUHR, .REYZLIK, JENNY AND VINTON VOTING" AYE" , AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26thDAY OF APRIL, 1988. CITY OF BLAIR, NEBRASKA , i I " I ATTEST: .~ . If />?~/1A/ -It? ¿t?/ VERNA R. BULL, CITY CLERK (SEAL) -Ot/.eR- ,," , 'Ü," ',." STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY VERNAR. ,BULL, hereby cex:t.1fies that she Is the duly Nebraska, and that the'above and foregoing Resolution was aPPolnted,quallfled, and acting CIty Clerk of the city of Blair, at a regular meeting of th.eMayor and city Council of said held on the 26th day of April, 1988. ¿£;:" ¡?¡£a , VERNA R.BULL, CITy CLBRK passed City .,' , COUNCILMEMBER JENNY INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 10 WHEREAS, the Blair Volunteer Fire Department has requested authorization of a one day beer and wine 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 and wine permit for June 25, 1988, for the sale and consumption of such alcoholic beverages only 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 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. 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 RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER REYZLIK . UPON ROLL CALL, COUNCILMEMBERS JENNY, RYAN, REYZLIK. KROS. KUHlE. VTN'1'ON, Krm"R ATW1 10NQ . , VOTING "AYE" AND COUNCILMEMBERS NONE , VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 26th DAY OF APRIL, 1988. CITY OF BLAIR, NEBRASKA B ATTEST: ¡/lA,y'-i£/ tL 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 26th day of April, 1988. ¡J}~4< R £// VERNA R. BULL, CITY CLERK ~ fJAÆ. ItJ11 , I 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 12:00 o'clock NOON ,.M. on May 4. . 1988 at Blair, Nphri'l<:;~i'I Present were: Mayor M. ,¡Stanley Jensen Councilmembers: Jenny, Kros, Kubie, Kuhr, Lonq. ReyzHk and Vinton ,Absent were: Councilman Ryan Notice of the meeting was give~ 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 AcJtnowledgment 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 Kros offered the following resolution and moved its passage and adoption: Resolution No. jg8Ef-=Tl. 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 June 15. 1988. after which date interest on the bonds will cease: Q Water System Revenue Refunding Bonds. Seties 1985. date of original issue - June 15. 1985. in the principal amount of Five Hundred Fifty-five Thousand Dollars ($555.000). numbered as' shown on the records of the paying agent and registrar. in denomination of $5..000 or integral multiples thereof. with said bonds bearing interest and becoming due and payable as follows: Maturing on April 15 of Year 1989 1990 1991 1992 1993 1994 1995 Amount of Principal Maturina Interest. Rate to Maturity or Earlier Redemption 65.000 65.000 70.000 80.000 85.000 90.000 100.000 7.30% 7.60 7.85 8.00 8.30 8.50 8.70 Said bonds are hereinafter referred to as the "1985 Bonds". Said bonds are subject to redemption at any time on or after June 15. 1988. a.nd said interest is payable semiannually. Said bonds were authorized and ordered issued by Ordinance No. 1410 which was passed and approved on the 14th day of May. 1985. and were issued for the purpose of refunding the City's outstanding Water System Revenue Bonds. Series 1980. Bonds Nos. 39 to 177. inclusive. dated Apri115. 1980. in the principal amount of $695.000. Junior Lien Water Revenue Bond. Series 1980. dated July 30. 1980. issued in the original principal amount of $3.376.000. presently outstanding in the principal amount of $3.196.013. bearing interest at the rate of 5% per annum and finally maturing as to principal on July 29. 2020. . Said Series 1980 Bond was authorized and ordered issued by Ordinance No. 1283. and was issued for the purpose of paying the costs of maintaining. extending and enlarging the waterworks plant and water system owned and operated by the City. Said Series 1980 Bond is referred to herein as the 111980 Bond." Section 2. Said 1985 Bonds are to be paid off at the Ptincipal office of the First National Bank of Omaha. Omaha. Nebraska. as paying agent and registrar. .. Section 3. Said 1980 Bond is to be paid off at the office of the City Treasurer of Blair. in Blair. Nebraska. Section 4. A true copy of this resolution shall be filed immediately with the First National Bank of Omaha. Omaha.. Nebraska and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with Section 6 of the ordinance authorizing said called bonds. In addition. a true copy of this resolution shall be filed with the Office of the Auditor of Public Accounts of the State of Nebraska at least thirty (30) days prior to the call date and a copy shall be sent by mail to the United States of America. acting through the Farmers Home Administration as registered owner of the 1980 Bond. Councilmember Reyzlik seconded the motion for adoption of said resolution. and upon roll call vote the following voted AYE: Kros, Re.yzlik, Vinton, Kubie. Jenny. I5J!hr and LQn9 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. &41,0) Þ -Jtd ci ty Clerk, Verna R. Bull. CMC lð). ?f?¿/. å./J~ 12ð. 1<I?f' I 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 12:00 o. clock NOON .M. on May 4 .1988 at Blair, Nebraska Present were: Mayor M Sblnl Py ,Jpl1sen : councilmembers: Jenny, Kros, Kubie, Kuhr, Long, Reyzlik and Vinton Absent were: Counci 1- man Ryan 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. Councilmember Kubie offered the following resolution and moved its passage and adoption: RESOLUTION No. f9B8~12 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 June 15. 1988. after which date interest on the bonds will cease: various Purpose Bonds. dated June 15, 1983. in the principal amount of One Hundred Twenty-five Thousand Dollars ($125.000), numbered 15 to 39. inclusive. in denQmination of $5.000. becoming due and bearing interest as follows: Bond Nos. Amount Maturity Interest Rate 15-18 $ 20.000 June 15, 1989 7.75\ 19-23 25.000 June 15. 1990 8.00 24-28 25.000 June 15, 1991 8.20 29-33 25.000 June 15. 1992 8.40 34-39 30.000 June 15, 1993 8.60 Said bonds are hereinafter referred to as the "1983 Bonds II . Said bonds are subject to redemption at any time on or after June 15. 1988. and said interest is payable semiannually. Said bonds were authorized and ordered issued by Ordinance No. 1341 which was passed and approved on the 24th day of May. 1983. and were issued for the purpose of paying the costs of improving streets and alleys. intersections and areas formed by the crossing of streets. avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement Districts Nos. 140. 142 and 144. and paying the costs of water and sewer improvements in Water Extension District No. 22 and Sanitary Sewer Extension District No. 45. Various Purpose Bonds. date of original issue - June 15. 1985. in the principal amount of One Hundred Seventy-five Thousand Dollars ($175.000). numbered as shown on the records of the paying agent and registrar. in denomination of $5.000 or integral multiples thereof. with said bonds bearing interest and becoming due and payable as follows: .. Maturing on May 1 of Year Amount of Principal MaturinG Interest Rate to Maturity or Earlier RedemPtion 1989 1990 1991 1992 1993 1994 1995 35.000 35.000 45.000 15.000 15.000 15.000 15.000 7.25\ 7.50 7.75 8.00 8.20 8.40 8.60 Said bonds are hereinafter referred to as the "1985 Bonds". Said bonds are subject to redemption at any time on or after June 15. 1988. and said interest is payable semiannually. Said bonds were authorized and ordered issued by Ordinance No. 1407 which was passed and approved on the 14th day of May. 1985. and were issued for the purpose of paying the costs of improvements in Storm Sewer District No.2. and to provide for the refunding of the City's outstanding Various Purpose Bonds dated May 1. 1980. Bonds Nos. 17 to 45. inclusive. in the principal amount of $145.000. Section 2. Said 1983 Bonds are to be paid off at the office of the County Treasurer of Washington County. Blair. Nebraska. Section 3. Said 1985 Bonds are to be paid off at the principal office of the First National Bank of Omaha. Omaha. Nebraska. as paying agent and registrar. Section 4. 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. A true copy of this resolution shall also be filed immediately with the First National Bank of Omaha. Omaha. Nebraska. as Paying Agent and Registrar for the 1985 Bonds. and said Paying Agent and Registrar is hereby.instructed to mail notice to each registered owner of the 1985 Bonds not less than thirty days prior to the date fixed for redemption. all in accordance with Section 8 of the ordinance authorizing the 1985 Bonds. £.--, R¿~ Ci ty Clerk Verna R Bull ~.~~ Mayor M. ta- y Jensen Councilmember Kras seconded the motion for adoption of said resolution. and upon roll call vote the following voted AYE: Cauncilmembers Kubie, Kras, Reyzlik, Vinton, Long, Jenny and Kuhr ; 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. Whereupon. Councilmember Kuhr introduced Ordinance No. 1418 entitled: AN ORDINANCE OF THE CITY OF BLAIR. NEBRASKA. AUTHORIZING THE ISSUANCE OF REFUNDING BONDS OF THE CITY OF BLAIR. IN THE PRINCIPAL AMOUNT OF THREE HUNDRED TEN THOUSAND DOLLARS ($310.000) FOR THE PURPOSES OF REFUNDING $125.000 OF OUTSTANDING VARIOUS PURPOSE BONDS DATED JUNE 15. 1983 AND $175.000 OF OUTSTANDING VARIOUS PURPOSE BONDS. DATE OF ORIGINAL ISSUE - JUNE 15. 1985; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME; AND PROVIDING FOR PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM. Said Ordinance was fully and distinctly read. and by motion of Councilmember Jenny . seconded by Council- member Lonq . it was designated as Ordinance No. 1478 and the title thereof was approved. The roll was called on the passage of said motion and the following voted . AYE" : Kul)r. Jepny, Long, Kuhip/T$r()~. 'RpY7lik ;.¡nñ 'Ui"tnY: The fOllowing voted "NAY" None Councilmember Jennv moved that the statutory rule requiring ordinances to be fully and distinctly read on three different days be suspended. seconded by Councilmember Lon9 The roll was called and the following voted "AYE": Jennv. Lonq. Kuhr, Kros. Revzlik. Kubie and Vinton ; "NAY": None The motion to suspend the statutory rule having been concurred in by three-fourths of all members of the council was declared passed and adopted. Whereupon Ordinance No. 1478 was read by title and there- after Councilmember Long moved for final passage of said Ordinance. Councilmember Kubie seconded the motion. The Mayor stated: "The question is. shall Ordinance No. 1478 be passed and adopted?" The roll was called and the following voted "AYE":. Lonq, Kubie, Kuhr, Kros, Jenny, Revzlik. and Vinton The following voted IINAYII: None The passage and adoption of said Ordinance having been concurred with by a majority of all members elected to the Council. was by the Mayor declared passed and adopted. and the Mayor. in the presence of _.~ . " the council. signed and approved said Ordinance. and the Clerk attested the passage and approval of the same and affixed the seal of the City thereto. A true and complete copy of said Ordinance No. 1478 is attached hereto. ¡[ ~/ i?~ / .e City Clerk of Blair. Nebraska Verna R. Bull, CMC ;,.' THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA RESOLUTION NO. 1988- 13 A RESOLUTION DECLARING THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA, TO ISSUE TAXABLE TAX INCREMENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT EXCEED $6,500,000.00 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND THE IMPROVEMENTS 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 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 taxable tax increment bonds for the purpose of paying the cost of acquiring, installing or improving a project¡and WHEREAS, the Agency wishes to under take 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 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 taxable tax increment revenue bonds (the "Bond") 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 therof to be sold to Nebraska Ethanol Corporation (the "Company") to be used as the site for an ethanol plant; and NOW, THEREFORE, be it resolved by the Agency, that it does hereby declare its intention to proceed with the issuance of taxable 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 $6,500,000.00 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 th approval of the City Attorney and delivery at the closing of such bonds of an approving legal opinion of Kutak, Rock, & Campbell of O~ha, Nebraska, as bond counsel. Passed and approved this 11th day of May, 1988. - - THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA Byf!;, ~. af?,~ DIRE TOR (SEAL) BY ~ May 11, 1988 A regular meeting of the Housing and Community Development Agency of the City of Blair was held at Blair, Nebraska, at 7:30 P. M. on May 11, 1988. The Housing and Community Development Director presided the City Clerk recorded the proceedings. and On roll call, the following were present: Director, M. Stanley Jensen; Agency Members: Jenny. Kubie,Kuhr, Long, Reyzlik,RyanandVinton Absent: Agency Member Kros Agency Member Ryan introduced a Resolution superseding Resolutfon No. 1985-23, dated July 9,1985, and Resolution No. 1986-27, entitled fA RESOLUTION DECLARING THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLAIR, NEBRASKA, TO ISSUE TAXABLE TAX INCREMENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED $6,500,000.00 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND IMPROVEMENT THEREOF" and moved that said Resolution be designated as Resolution No. 1988- 13 ; 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. 1988- 13 be passed and adopted?" The Yeas and Nays were called, and the following voted "YEA": Jenny, Kubie, Kuhr, Long, Reyz11k, Ryan and Vinton The following voted "Nay" or were absent or did not vote: Agency Member Kros was absent 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 adopted and the Director signed and approved said Resolution, and the Clerk attested the passage and approval of the same and affixed her signature and the seal of the city thereto. A true and complete copy of said Resolution is an follows: ... -, . COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 14 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class J Wine, and Beer On Sale Only Liquor License for Cafe On Main, Inc. d/b/a Cafe on Main. 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 Vinton MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION. WAS SECONDED BY COUNCILMEMBER Reyzlik . UPON ROLL CALL, COUNCILMEMBERS Reyzlik. Vinton. Jenny. Kubie. Kuhr. Lonq and Ryan VOTING" AYE" AND COUNCILMEMBERS None , VOTING "NAY", THE MAYOR DECLARED THE ,FOREGOING RESOLUTION PASSED AND APPROVED THIS 11th DAY MAY, 1988. CITY OF BLAIR, NEBRASKA BY ~T~~Ø;~ ATTEST: ¡jJ , jJ ¡J -¡{ <Í ¡¿ 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 11th day of May, 1988. L ~-1¿<dL VERNA R. BULL, CITY CLERK , - . , COUNCILMEMBER Ryan . INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 15 WHEREAS, Section 5-407 of the Municipal Code of the City of Blair, provides that the governing body may by resolution direct the flow of traffic on any street or alley within the Municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL .OF THE CITY OF BLAIR, NEBRASKA, that one~way traffic in the alleY~. from 17th Street to 19th Street between Washington Street and Front Street is hereby rescinded and two way traffic on such alleys shall be permitted and that this Resolution shall be in full force and effect following its passage and publication as required by law. COUNCILMEMBER Long MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlîk . UPON ROLL CALL, COUNCILMEMBERS Lonq. Revzlik. Rvan.Kuhr. Vinton. Kubîe and Jenny . , VOTING" YEA", AND COUNCILMEMBERS None , VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11 th DAY OF MAY, 19-88. ATTEST: ~/~ -I? -Kdl VERNA R. BULL~_C~TY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY H?AT!£~~ ~/ . '. .. STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY VERNA R. BULL, hereby certifies that she is appointed, qualified and acting City Clerk of the City of Nebraska, and that the above and foregoing Resolution was at a regular meeting of the Mayor and City Council of said held on the 11th day of May, 1988. " (~AÁ / 1f! iL a VERNA R. BULL, CITY CLERK . . ~. the duly Blair, passed City ..... .. ... COUNCILMEMBER Reyzlik - INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988-16 A RESOLUTION AMENDING SECTION 4 OF THE ASSESSMENT RESOLUTION FOR STREET IMPROVEMENT DISTRICT NO. 116, CITY OF BLAIR, NEBRASKA, DETERMINING, ASSESSING, CHARGING, AND LEVYING A SPECIAL ASSESSMENT AGAINST PORTIONS OF LOTS, PARTS OF LOTS AND PARCELS OF LAND, AND BY THIS RESOLUTION SPECIFICALLY AMENDING SAME SO AS TO REALLOCATE SUCH ASSESSMENTS AS AGAINST THE PARCELS ORIGINALLY ASSESSED AND THEREBY ALLOWING FOR A DISCHARGE OF SUCH ASSESSMENTS AGAINST PORTIONS AND PARTIAL TRACTS OF THE ORIGINAL LANDS ASSESSED BY SUCH RESOLUTION UPON A PROPORTIONATE PAYMENT OF SUCH ASSESSMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. shall That Section 4 of Resolution No. 1982-1 read as follows: SECTION 4. BE IT FURTHER RESOLVED that there be and hereby is charged and levied for the purpose of paying the cost of said street construction in said Street Improvement District, a special assessment against each of the lots, parts of lots and parcels of land in said Street Improvement District directly abutting said street construction therein and especially upon benefited by said improvements, in the various amounts in said schedule hereinafter set forth opposite the descriptions of said lots, parts of lots and parcels of land under the column headed "AMOUNTS OF ASSESSMENTS", said schedule herein referred to being as follows: NAME OF OWNER AMOUNT OF SPECIAL BENEFITS AMOUNT OF SPECIAL ASSESSMENTS DESCRIPTION Greater Blair Corporation, a Nebraska Corp. Tax Lot 164, Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. $21,515.01 $21,515.01 - ~4 " Greater Blair Corporation, a Nebraska Corp. Tax Lot 161, Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. $21,678.87 $21,678.87 Kelly P. Ryan Tax Lot 165, $ 699.06 $ 699.06 Section 7, Township 18 North, Range 12 EaSt of the 6th P.M., Washington County, Nebraska. The foregoing schedule of assessments as pertains to said Tax Lot 161 only shall be reallocated to provide that the assessments being made in accordance with the following are reallocation $12,395.67 shall be allocated to Tax Lot 161 less the following described tract to-wit: From the Southwest corner of the NEl/4 of the SWl/4 of Section 7, Township 18 North, Range 12. East of the 6th P.M. in Washington County, Nebraska; 186 feet north along the west line of the NE1/40f the SW:J../4and which is also. the centerline .of 1st Street, to a point on the extended north line of Grant street, thence N 90 degrees E, assumed bearing, along the north.line of Grant Street 1418.0 feet to the point of beginning, thence N 0 degrees E 1058.0 feet, thence N90 degrees E, parallel to the North line of Grant Street 412.0 feet, thence S 0 degrees W 1058.0 feet to the north line of Grant Street, thence N 90 degrees W along the north line of Grant Street, 412.0 feet to the point of beginning, containing 10.001 acres, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and $9,283.20 shall be allocated to: From the Southwest corner of the NEl/4 of the SWl/4 of Section 7, Township 18 North, Range 12 East of the 6th P.M. in Washington County, Nebraska, 186 feet north along the west line of the NE1/4 of the SW1/4 and which is also the centerline of 1st Street, to a point on the extended north line of Grant Street, thence N 90 degrees E, assumed bearing, along the north line of Grant Street 1418.0 feet to the point of beginning, thence N 0 degrees E 1058.0 feet, thence N 90 degrees E, parallel to the North line of Grant Street 412.0 feet, thence S 0 degrees W 1058.0 feet to the north line of Grant Street, thence N 90 degrees W along the north line of Grant Street, 412.0 feet to the point of beginning, containing 10.007 acres, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. ~ ~" '" The lien as pertains to said Tax Lot 16+ only for such special assessments may be paid as above allocated and the lien therefor may be extinguished by such payment and in addition payment of all interest both accrued as of the date hereof and which shall accrue subsequent to July 23, 1974, and any other costs expended in connection with any delinquency by the Washington County Treasurer's office which shall be paid and prorated according the for~going allocation. to SECTION 2. This Resolution shall be in force and effect front anda£tel' ltB pa6Bage and approval, and a copy thereof shall be published ~ ~ in The Enterprise, the official publication of the City one time. COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubiè. ~ . UPON ROLL CALL, COUNCILMEMBERS ~ Jenny~Kubie~Long~ Reyzl ik~ Vinton VOTED AYE. THE FOLLOWING. ~ VOTEU NAY-b'~ItON li~ècCøltrrcllmernbe.f"~~;Ryan and Ku h r d i s qu a 1 ifi ed thems e lye s '}f:nrù.rwrNo~ttrrg ,. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF MAY, 1988. PASSED AND APPROVED this 11th day of May, 1988. @;, ATTEST: I D~~ ¿tf. d1 VERNA BULL, CITY CLERK (SEAL), 11.. ' ~ " 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 .3 regular meeting of the HaYJ)r aruj city Council held on the 11 thday of. May, 1988. ¡£2/.¡(! ~i VERNA R. . BULL, CI TY CLERK COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 17 WHEREAS, Blair Community Schools have requested encroachment upon the'street right of way on the West side of Sixteenth Street on the following described real estate, to-wit: Along the West curbllne of sixteenth street from a point 130 ",i:eet North of the centerline of Butler Street to a po:lnt 250 feet North of the centerline of Butler Street, . . fortl)1!!-purpose of establisbirt9' a parent parking and 10a4ing loop . . - . . . . at South- Elementary School; and, ." . . . . . WHERBAs', the City of Blair is in agreement therewith. NOW, THEREFORE, BE IT RESOLVED BY. THE MAYOR AND CITY COUNCIL . OF THE . ... . . ':.' '.' CI';'YOF BLAIR, NEBRASKA, THAT authoriz~tion is hereby granted to Blair. Communi tySchools for encroachment upon the ;right. of way on the West side of Sixteenth Street upon the real estate described hereinabove and upon the terms and conditions that the maintenance, repair, replacement, snow r emova 1 , and other upkeep of such parking and loading loop will be the sole responsibility and obligation of the School District; and further that in the event it is necessary to remove such pavement on the encroachment, such removal and replacement will be at the sole ... expense and obligation. of such School District. COUNCILMEMBER Reyzl i k MOVEDTHAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie' . UPON ROLL CALL, COUNCILMEMBERS Kuhr. Reyzlik. Kubie. Vinton. Lonq. Ryan and Jenny VOTING" AYE" , AND COUNCILMEMBERS None VOTING~"NAY", THE,MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED<.,THIS 14th, DAY OF JUNE, 1988. CITY OF BLAIR, NEBRASKA B'f./!JsT~~ ./ " £~J 1fbi!/Þ¿' VERNAR. BULL, 'CITY CLERK .(SEAIt f - .STATE OJr~NEBRASKA ) )ss ) " , , 'WASH I NGTON COUNTY VERNA R. BULL" hereby certifies that she is the duly appointed, qualified, and actinq 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 June, 1988. (!2~Á~ # ~.I VERNA R. BULL, CITY CLERK .. COUNCILMEMBER Kubi e INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 18 WHEREAS, Section 5-404 of the Municipal Code' of the City of Blair provides that the governing body may be resolution prohibit or regulate parking on designated streets or parts of streets; and WHEREAS, the Blair Community Schools have requested a designation of a parent parking and loading loop at South School. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the area along the West curbline of Sixteenth street from a point 130 feet North of the centerline of Butler street to a-point 250 feet North of the centerline of Butler street be designated as a school parent parking and loading loop from the hours of 7:30 o'clock A.M. to 4:00 o'clock P.M. on regular school days during which children are in attendance at the school adjacent to the areas designated hereinabove. The street Department of the City of Blair and the Police Department of the City of Blair are hereby authorized and directed to place loading zone signs reflecting the school loading zone area as established hereby at necessary intervals along the area established hereby and that following the passage and publication of this resolution it shall be unlawful for any ..- - person to or fail, ne.glect, refuse to comply with said regulation. COUNCILMEMBER Reyzlik MOVED THAT THE' RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie . . .. UPON. ROLL CALL, COUNCILMEMBERS Kubie, Reyzlik~ Jenny, Kuhr, Long, Rvan and Vinton . VOTING "AYE", AND COUNCILMEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS. 14th DAY O~ JUNE, 1988. CI TY OF BLAI R,. NEBRASK~ BY~~~~AJ ATTEST: . . . ;{2A~ -1f?..¡¿¿/l. WRN A R. . BULt, ..(:1 Tt> CLERK' '.'¿(SE~) .' _STATE OF NEBRASKA - WASH! NGTON COUNTY ) )ss ) VERNA R. hereby certifies that she is the duly BULL, appointed, qua1.ified,.and acting City Clerk of the City of Bla-j-r, 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 June, 1988. ~,¡?~d VERNA R. BULL, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:-,,'"~ RESOLUTION NO. 1988-"19 WHEREAS, the Mayor and City Council have been presented with a dog impoundment agreement with the City of Fort Calhoun, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A"; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of, Blair that the Agreement attached hereto, marked Exhibit "A" be approved and adopted by the municipality. BE IT " FUR'I'HER RESOLVED<!J:iHATthe Hayor .on hereby authorized and. directed to execute behalf of the CIty of Blair. COUNCILMEHBER Loncj , MqVED THAT' " THE.RE$OLUTION ' BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzl ik " '. UPON ROLL' CALL, COUNCILMEMBERS Ryan. Lonq. Reyzlik. Jenny, Kuhie. Vinton and Kuhr ' , VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF JUNE, 1988. CITY OF BLAIR, NEBRASKA BYØ;, ~ M. STANLEY J S , MAYOR ATTEST: - ¡[;~ p -æ~ I! VERNA R. BULL, CITY CLERK . - -. ( SEAL) '. STATE OF NEBRASKA WASHINGTON COUNTY VERNA ) )ss ) R. hereby certifies that she is the duly BULL, Nebraska, appointed, qualified, and acting City Clerk of the City of Blair, and that the above and foregoing Resolution was passed held on the a regular meeting of the Mayor and City Council of said City at 14th day of June, 1988. ~4/ ¥ ~¡I/ '. VERNAR. BULL, CITY CLERK " "; ~ . ~,. ... AGREEMENT TillS AGREEMENT, made and entered into on this --::..-1/.iC day of ()~ . , f 1 J'l by and between the City of Fort Calhoun, Washington County, Nebraska, a City of the Second Class, (Fort Calhoun), and the City of Blair, Washington County, Nebraska, a City of the First...Class, (Blair) WITNESSETH: " Whereas, the parties hereto find it to be to their mutual advantage to cooperate in the impoundment, boarding and dispo- sition of dogs running at large which are originally captured within the cor'porat.e city limits of Fort Calhoun; and Whereas, Fort Calhoun and Blair are authorized by law to regulate th~ running at large of dogs, and to provide for the,ir impoundment and disposition under the provisions of, respectiv~ly, §§17-547 and 548. and §§16-235 and 236 of the Revised Statutes of Nebraska, 1943 (Reissue of 1983); and Whereas, the parties are authorized to join together . 'cooperatively in the impoundment, boarding and disposition of dogs under the terms of the Interlocal Cooperation Act, that being Chapter 23, Article 22,'§§220l et seq, Revised Statutes of Nebraska, and amendments thereto; and Whereas, it is to the mutual advantage of the parties hereto that it written Agreement be entered into providing for the impoundment, boarding and disposition of such dogs; ~ ' / ,8 . NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLO\iS: 1. That the boarding fee for each such dog impoW1ded, payable by Fort Calhoun to Blair, shall be three dollars ($3.00) per day, for a minimum period of five (5) days and a maximum period of seven (7) days. 2. That all impound fees payable to Blair shall be ten dollars ($10.00), to be paid by the Ci ty of Fort Calhoun. The CiI:;y of Blair will bill on a monthly basis for all impound and boarding fees. -... 3. That all dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and water each day, and the facility constituting the animal shelter shall be maintained strictly in accordance with the law of this state. 4. That no dog shall be released or redeemed by its owner or other person adopting the same, unless such party shall have a receipt from the City of Fort Calhoun for a dog license and for the impound and boarding fees. ~eef Be Raèlea afte~ Ift\i6t. èe þf'esœbeEl .,d Miia 6e\"ea~ &we (7'1.) fteYf'S' sf f'eleaBe. 1)t~ 5. That any dog unclaimed beyond seven (7) days shall be transported by Blair, without additional transportation cost for Fort CalhoUIù to Thone's Animal Clinic, where it will be destroyed and buried in a sunmary and humane manner. 6. That , the cost of services provided by Thone's Animal Clinic will be billed directly to Fort Calhoun, as set forth in No.5. 7. This agreement shall cofitlnue in effect from year to year until rescinded or terminated by the wi,thdrawal of either Fort Calhoun or Blair. Such withdrawal shall require reasonable written notice by either party, but not less than ten (10) days. " 2 ,.,¡.. .. 8. This ~greementmay be amended at any time by the written agreement or endorsement of all parties to it. 9. Each party covenants to the other that this Agreement has been formally approved by the Governing Body of. each city, and that all necessary and proper steps have been duly taken according to law to authorize the execution hereof. . " IN WITNESS WHEREOF, t;he parties hereto have executed this Agreement in duplicate this :::> I ~ . day of 9-~~.' 1988. ATI'EST: CITY OF BLAIR , WASHINGTON COUNTY, ~,¡:~~ I~ R1£~ II City Clerk CITY' OF FORT CALHOUN, WASHINGTON COUNTY, NEBRASKA. ATI'EST: ./1~,.. ~....y...tc ¿~~~~ . .' CJ..ty Clerk: }~. . .... , ,¡ ,. . COUNCILMEMBER Kubie INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 20 WHEREAS, Section 19-4501 R.R.S. Neb. 1983 provides that any City of the First Class shall have the authority to collect special assessments which it levies and perform all other necessary functions relating thereto; and, WHEREAS, the City of Blair desires to collect through the City offices the outstanding special assessments levied prior hereto together with all delinquent interest, other fees and costs. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that commencing Augyst 1, 1988, the City of Blair shall assume all responsibilities and duties for collection of all special assessments levied prior hereto including all delinquent interest thereon~ other costs', and fees, and that the County Treasurer of Washington County, Nebraska, shall be relieved from such duty and obligation~ BE IT FURTHER RESOLVED THAT all portions of resolutions providing that payment of such special assessments shall be made to the County Treasurer' are hereby specifically repealed and that payment thereof after August 1, 1988, shall be paid through the City Clerk of the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT the Municipality shall give notice that special assessments are due and that such notice shall be mailed or otherwise delivered to the last known address of the person against whom such special assessments are assessed or to the lending institution or other party responsible for paying such special assessments. Failure to receive such notice ¡ ~ ...- . .. shall not relieve the taxpayer from any liability to pay such special assessments and any interest or penalties accrued thereon. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kubie UPON ROLL CALL, COUNCILMEMBERS Kubie. Kuhr. Kros. Long..Reyzlik. Ryan. Vinton and Jenny - VOTING "AYE", AND COUNCILMEMBERS None - VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF JUNE, 1988. CITY OF BLAIR, NEBRASKA By!!J;T~~ ,. /-, ATTEST; - - . -,' '.. ID~j- ~K'~li. 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 28th day of June, 1988. ¡!J-ru I /! Æ¿ t 1 VERNA R. BULL, CITY CLERK ..; , . j ~ . COUNCILMEMBER REYZLIK INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 21 WHEREAS, Section 5-404 of the Municipal Code of the City of Blair, by resolution provides that the governing body may prohibit regulate parking on designated streets or parts of or 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 from the East curb of 23rd Street to a point 85 feet East thereof, on the North side of Nebraska Street at its intersection with said 23rd street, and that Street the Department the City of Blair and the Police are of Department hereby authorized and directed place No Parking signs to reflecting the no parking area as est~blished hereby at necessary intervals said along no parking area and that following the passage and publication of this Resolution it shall be unlawful for person to fail, neglect or ~efuse to comply with said any prohibition. COUNCILMEMBER Long MOVED THE THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAs SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS Reyzlik,Lon9, Kros, Kuhr, Kubie,Vinton,RyanandJenny , VOTING "AYE", AND COUNCILMEMBERS None , VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th -DAY OF JULY, 1988. - CITY OF BLAIR, NEBRASKA ATT~... g. ".' . . --. -_:~¿/ VERNA R. BULh,:CITY CLERK (SEAL) - . .. . . j ~ ,- STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly qualified and acting City Clerk of the City of Blair, 12th 1988.'... appointed, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of. the Hayor-ønd-Cit:y Council ,of said. City .." ..' '. . . JJJ!iJj~~7)J . VERNll!,':;',?~tJ:LL~ ÇIT~ 'CLERK ' " ,",' , . ", " , - ""C~< ¡. '-. COUNCILMEMBER Reyz1ik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988 - 22 WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the c~ty of Blair for the fiscal year beginning August 1, 1988, and ending July 31, 1989, was published in The Enterprise, the official newspaper of the City of Blair, on July 19, 1988, and, WHEREAS, said budget statement was prepared on Budget Form AP provided by the State of Nebraska and City of Blair budget forms and consists of 60 pages including the notice referred to hereinabove and was filed with the City Clerk on July 15, 1988. 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, 1988, and ending July 31, 1989. 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, 1988, and ending July 31, 1989, for which appropriation is to be made, shall be as follows: FUND ALL SOURCES EST. ADVALOREM EST. General Fund $ 691,462.00 $ 581,724.00 Debt Service $ 113,061.00 -0- Street $ 970,516.00 -0- Blair Apts. $ 81,051. 00 -0- Water $ 910,680.00 -0- CDBG (CD) $ 1,764.00 -0- Insurance $ 239,884.00 -0- Sewer $ 286,208.00 -0- Water Bond $ 979,393.00 -0- Sewer Bond $ 70,652.00 -0- '" - ,,'. Capital Outlay Res. CDBG (ED) $ $ 125,357.00 125,026.00 -0- -0- 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. COt:1NCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny . UPON ROLL CALL, COUNCILMEMBERS KeyzLik, Long, Jenny, Kros, Kubie, Kuhr and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th pAY OF JULY, 1988. " CITY OF BLAIR, NEBRASKA BY h). J;;~~ M. STANLEY JENS, OR ATTEST: , , " c J2A À þ¡J:~ß1 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 25th day of July, 1988. I¡;;/MA/ <? ~/U VERNA R. BULL, CITY CLERK ,.~.. COUNCILMEMBER ~ INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- ?~ WHEREAS, L. W. "Woody" Svendgaard was a dedicated and honorable employee of the City of Blair, Nebraska, for nearly thirty-four years and during his term as City Clerk of the municipality, he faithfully performed his duties in the best interests of the municipality; and, WHEREAS, Mr. Svendgaard further was elected to and served on the Executive Board and as President of the League of Nebraska Municipalities and thereby was of service to cities and all across the State of-Nebraska; and, villages WHEREAS, the death of L. W. "Woody" Svendgaard has saddened the municipality and it is appropriate to pay tribute to him his years of service and loyalty to the City of Blair. for NOW, THEREFORE, BE IT RESOLVED THAT the service of L. W. "Woody" Svendgaard to the City of Blair, his community and state wide activities are hereby honored and tribute is paid to him for his work. BE IT FURTHER RESOLVED THAT the sympathies and condolences of the municipality and all of its residents together with the gratitude of the community for his services are hereby extended to the family of Mr. Svendgaard. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS .READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER T(ttnx- UPON ROLL CALL, COUNCILMEMBERS Jenny. Kros. Kubie. Kuh~, foong, RpY71-1lr <:Inri ~7:itl.tgR VOTING" AYE~' , AND COUNCILMEMBERS None VOTING "NAY"';., THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF AUGUST, 1988. CITY OF BLAIR, NEBRASKA BY~~AN~~~ .,,', -,-~"" '- ATTEST: £]AA~' - ¡f! ¿(/¿iL VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY VERNA BULL, hereby certifies that she is R. the duly appointed, qualified~ and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was at a regular meeting of the Mayor and City Council of said held on the 9th day of August, 1988. dJfiAA/-tI? ~t/// VERNA R. BULL, CITY CLERK passed City '" -"". COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 24 WHEREAS, in with the order of Mayor the accordance City Council heretofore made, Blair Engineering & Surveying and Co., Inc., Special Engineers, have prepared plans and specifications the for the work of improvement in Street Improvement No. 146 of City Blair, estimate Nebraska, together with of an thereof which plans and specifications were filed with the Clerk been examined and have August 22 , 1988, on considered by the Mayor and City Council. of cost City and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That said plans and specifications prepared Blair Engineering & Surveying Co., Inc., Special Engineers, filed with the City Clerk on August by and following of Blair, , 1988, for paving the 22 described streets in the City Nebraska: Adams Street concrete paving from the existing at the of Lot 11 in Stone Creek Estates and in Stone intersection of Adams Street and Thirty Second Street west to the Creek west line Drive north to the north line of Stone Creek Estates Subdivision, as described in the Ordinance creating said District, with the estimate of cost thereof in the sum of $ 162.815.00 and the same hereby are accepted and adopted. SECTION 2. BE IT FURTHER RESOLVED that said proposed or improvement bids shall proceed forthwith and that together , be work for the to , 1988, construction thereof be received by the Mayor and City Council up said the hour of 4:30 o'clock P.M.,Sp-p"tp-mhP-T ?7 bids to be filed with the City Clerk of this City and therefor ...r/ ..e-~ to be opened, ccnsidered, and acted upon by the Mayor and City Council on behalf of said City, always reserving the right to reject any and all of such bids with or without cause. SECTION 3. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are authorized, empowered, and directed to forthwith cause to be published in the official newspaper of the City a notice of contractors of the time and place of receiving bids for such work of improvement, same to be published one time ten days prior to said date for receiving bids. COUNCILMEMBER Rvan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Kuhr. Ryan. Reyzlik. Kros. Kubie. Long. Jenny. and Vinton VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 1988. - - CITY OF BLAIR, NEBRASKA ATTEST: LJ 12 L~ 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 13th day of September, 1988. ~ 12L¿¿ VERNA R. BULL, CITY CLERK . .. ; . COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION~ RESOLUTION NO. 1988- 25 WHEREAS, the Mayor and City Council have been presented with an easement with Edwin Belles and Jacque Belles, a copy of said easement being attached hereto, marked Exhibit "A"; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said easement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the easement attached hereto, marked Exhibit "A" be approved and adopted by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute such easement on behalf of the City of Blair. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS Ryan, Kros,Long, Kuhie, Jenny, Kuhr and Reyzlik VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27th DAY OF SEPTEMBER, 1988. CITY OF BLAIR, NEBRASKA BY MÌ!¡~AN~~ ATTEST: c ,L R ctf, JJ,I VERNA"R". BULL, CITY CLERK CSEAL) . . ~ ~ " 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 27th day of September, 1988. £~~ 4f? l£ft VERNA R. BULL, CITY CLERK . Q v. '\. This EASEMENT Agreement made this ~? ¿'day of September, 1988, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Edwin Belles and Jacque Belles, hereinafter referred to as "Grantees". In consideration and other set forth herein as covenants contained herein the Grantor does hereby grant to Grantor's the Grantees an easement over and across a portion of the right of way, more particularly described as follows: From the Northeast corner of Lot 1, Block 8, Dexter's Addition to the City of Blair, Nebraska, and assuming the North line of Lot 8 to bear due East and West; thence West a distance of 59.00 feet. to the point of beginning; thence North a distance of 8.50 feet, thence West a distance of 32.00 feet; thence South a distance of 8.50 feet to the North line of Lot 8; thence East a distance of 32.0 feet to the point of beginning. This easement is granted for the purpose of the construction mutual and placement of a garage which shall be constructed according to the drawing attached hereto, marked Exhibit "A" and by this reference made a part hereof. No modifications the time of such design, either at construction or subsequent thereto, shall be made without specif- such ic authorization in writing from the Grantor consenting to modifications. This easement shall continue until such time as the desires with to same. Such termination may be terminate of Grantor or The Grantor shall give notice in writing of without cause and shall be in the sole and absolute discretion of such the Grantor. termination prior to fifteen (15) days not less than termination which suCh notice may be given to the Grantees such by . " I . ~ regular United states mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantees shall remove such garage. It is specifically understood and agreed that the Grantor shall not be liable to the for Grantees any damages whatsoever upon termination of this easement. The Grantees further hereby agrees to harmless and save indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which whatsoever arise from any reason may as a result of the construction, maintenance, and the placement of such improvements right of way. Such municipal on indemnification and save harmless shall apply not only to the Grantees but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages way, to municipal property including the right of grades, drainage structures, ditches, roadways, any other or municipal property as the result of the construction of said garage and the Grantees shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantees and the . . ~ '. . . . ~ . . , . rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantees. This easement shall be binding upon the heirs, assigns, successors, and personal representatives of all parties hereto. ~ /S~~ Edwin Belles CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY 3ì). b;~~ M. STANLEY JENS AYOR ~rt!J ßJ 1M , cqu BIles - STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY Before me, the undersigned, a Notary Public in and for said county and states, personally came M. Stanley Jensen, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this day of October, 19~8. NOTARY PUBLIC STATE OF NEBRASKA ) )ss ) WASHINGTON COUNTY Before me, the undersigned, a Notary Public in and for said county and states, personally came Edwin Belles and Jacque Belles, to me known to be the identical persons who signed the above and foregoing Easement as Grantees and acknowledged the execution thereof of to be their voluntary act and deed. WITNESS my hand and seal this ? f( day of October, 1988. Jl.. ¿ ê -if. jj NOTARY PUBLIC ræua.1IJTMY-stJte Of 1IÞr35ka VERNA R. BULL My Comm. Exp. July 5, 199~! . 4 r( oL(~ { ~ ~ íb ~ Tre.~f ~ C~I/ re./' , r: ,\,][1 J /p~~ . ' /' i~:~\~ "'. ~ { - --,- ,I ..... ';:' -.. - - ::t ~ J.O --1 ) 0 't-~ 10 II; I If 'I ! - I ~DX ¡p.' L ,. ¡) ;,, ~ fþiJlf? I 0 j. 1'- r- - - ~ - - r I I r 0 0(' ~ <;i, (c' I - I- . \ I ~ - - I I ~- ' I - 7--, ¡ox ì9- I (p ~ J(~ ( Iß " v ~..i~ I e""O' J " ~ --... -.-- ~ I t ---,f I 1t: ; I Cy 11\ !1 4 I 8 ,i r 0 t ,'~'1. , - -¡ - 'J RESOLUTION NO. 1988 -?r. COUNCILMEMBER Kllhr INTRODUCED THE FOLLOWING RESOLUTION: -WHEREAS, the Mayor and City Council have been presented with a Contract with Ed Jipp Construction Company, a copy of said Contract being attached hereto, marked Exhibit "A"; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Contract. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the Contract attached hereto, marked Exhibit "A" be approved and adopted by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute such Contract on behalf of the City of Blair. COUNCILMEMBER Revzlik MOVED THAT THE RESOLU~ION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL, COUNCILHEMBERS Kuhr, Reyzlik. Ryan. Long. Vinton. Kubie and KrOR VOTING" AYE" , AND COUNCILMEMBERS NODI" VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF OCTOBER, 1988. CITY OF BLAIR, NEBRASKA .. ,', ATTEST: ¿C <"#' 'AiL /-1 VERNA R. BULL, CITY CLERK (SEAL) " STATE OF NEBRASKA WASHINGTON COUNTY ) )ss ) VERNA R. BULL, he~eby ce~tifies that she is the duly apPointed, qualified, and acting City Cle~k of the City of Blal~, Nebraska, and that the above and foregoing Resolution was passed at a regula~ meeting of the Mayor and City Council of said City held on the 11tk day of Octobe~, 1988. " - £2~ ¡f)/.Ítf/ VERNA R. BULL, CITY CLERK . . . - " '--' COHTRACT THIS Contract and agxeement made and entexed into this 11th day of October ,1988, by and between the City of Blaix, Hebxaska, and Ed Jipp Construction Company, Contxactox. WITHBSSftB: That the Contxactox, fox and in conaldexatlon of the sum of $ 118.662.37 payable aa set forth 1n the specifications constituting a paxt of this contract, hereby agrees to construct 1n accordance with the plans, specifications, and special on the pxovisions thexefoxe, aDd 1n"the locations designated drawing, the va%lous items of woxk awarded said Contxactox on the 11th day of October, 1988, as follows: being the LUMP SUM BID as sbown in the attached pxoposal which is a part of this contxact. That it 1s mutually undexstood and agxeed by the paxtiea bereto that the genexal and detailed plana, the Contxactor's Bond, the pxoposal, all pro~ect specifications and special provi- atoms, and all supplemental aireementa are a part of this con- tract. The Contract ox expressly war%ants that he bas employed no . thixd person to solicit ox obtain this contract in hia behalf, ox to cause or procox. the same to be obtained upon compenaation in any way continient in whole or in part, upon such procurement, and that he bas not paid, or promised ox aixeed to pay, to any third person in consideration of such procurement, or in compen- aation for services in connection herewlt~, any brokerage, com- mission, or percentage upon the amount to be xeceived by him hereunder, and that he has not, in estimating the contract pxice demanded bybim, included any SWI by xuaon of any such broker- . . ~. age, commission, or percentage; and that all moneys payable to hi. hereunder are free, from obligation of any other person for services rendered or supposed to bave been rendered in the pro- curement of this contract by the City of Blair, and that the City of Blair may retain for 'its own use, from any sums due or to become due hereunder, any amount equal to any brokerage, sion, or percentage so paid or agreed to be paid. commis - All work required in carrying out this contract shall be performed in compliance with the laws of the state of Nebraska. The Contractor shall file with and furnish to the City of Blair a performance bond guaranteeing prompt and full perform- ance of the Contractor of the Contractor's duti.. and obligationa under this contract. In the event the Contractor fails to timely comply with its duties and obligations under this contract, abandons the . project, or if the City of Blair has a reasonable belief that the Contractor cannot or will not fully comply with all of the ter- will conditions terl11inate of the contract herein, that the City of Blair and this contract and may take whatever steps the owner thinks necessary to provide for completion of the project. In such event the Contractor shall be liable for all damages, coats, and any other incidental expenses of every nature and- kind, which specifically including but not limited to attorney fees, may be incurred by the City of Blair to insure completion of the project. The undersigned state. thåt he is complying with and , I I , .. .. will continue to comply w""'th Palr: Labor: Standar:da in the pur:suit of hia buaineaa, and in the execution of the contr:act pUl:suant to this bid. That the Contr:actor: fUl:ther: agr:ees to pay all just clai- for: mater:ial, supplies, tools, fuels, lubricants, eQuipment, eQuipment rental, machiner:y Insur:ance pr:emiums, and ser:vices used or: consumed in the constructlon of the wor:k by hi. or: any of his 8ubcontr:actor:8, and for: the payment of all laborer:s and mechanics for all labor: perfor:med in the wor:k by him or: of his subcontractor:8 in car:rying out the pr:ovislona of any this contr:act, and further: agrees tht the Contractor:'s Bond shall be held to cover: all such claims. The Contr:actor shall fully complete the project and comply with all duties and obligations under: this contract within forty-five .(45) working days. It Is agreed that as to allprovi- sions herein, time is of the essence in this contr:act. That in consideration o~ the foregoing, the City of 81alr hereby agrees to pay the Contractor promptly the amount. set forth her:ein as follows: 9°' upon acceptance of the project and 1°' wlthlnfor:ty-flve (45) days following acceptance of the pr:o:lect by the City of 8lalr:. It la fur:thex understood and agreed that the Contractor: shall not do any work or: furnish any materials not covered and authorized by thla contract unless ordered In writing by the City of Blair. Any such wor:1c Which may be done or any such mater tala which may be furnished by the Contractor, without such written . order first being given, shall be at his own risk, cost, aDd expense; and the Contractor hereby covenants and agrees that he shall make no claim for compensation for work 80 done or any materials so furnished. This agreement shall be binding upon the heirs, perrsonal representatives, hereto. successors and assigns of all parties IN WITNISS WHEREOF the parties hereto have set their hands 11th for the purpose herein expressed to this instrument this day of October ,1988. CITY 01' BLAIR, NEBRASKA, OWNER I " BY Òd) < It~ K. STAHJ,BY J I . MAYOR ATTBST: . BY ~,< /7 ß." /! VRRNA R. BULL,'CI'1'Y CLERK ID JIPP CONS'l'RUC'J,'ION COMPANY BY &~--¡ ~{~~ 1- ~. Bond No. 57 0120 11032 88 7 PERFORMANCE PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we .. Ed Jipp Construction Co. , 834 North 28th Avenue, Blair, NE 68008 hereinafter called Principal. and Fidelity & Guaranty Insurance Company, hereinafter called Surety, are held and firmly bound to the City of BLAIR and hereby jointly and severally bind ourselves, executors, administrators, personal representative, successors, and assigns to the City of Blair, a Municipal Corporation in the State of Nebraska, hereinafter called City. in the penal sum afOne Hundred Eighteen Thousand Six Hundred Sixty-Two Dollars ($nd,;~~~~~-;;----------------------------)-ï;~i~l-;~;;;-~f-;h;-U~¡;;~---- States of America, to be paid to the City for the Payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, personal representatives, successors and assigns jointly and severally by these presents. WHEREAS, the Principal is about to enter. or has entered, into a written Contract with the City for the Construction by the Principal of "Street Improvement District No. 146", which Contract is made a part hereof by reference thereto the sarne as though fully set forth herein. NOW, THEREFORE. the conditions of this obligation are such that: FIRST: If the Principal shall faithfully perform the Contract on his or its part, shall satisfy all claims and demands incurred for the same, shall fully indemnify and save harml ess the City from all cost and damage whi ch said City may suffer by reason of failure so to do, and shall fully reimburse and repay said City all outlay and expense which said City may incur in making good any such default; and, SECOND: The Principal shall indemnify and save harmless the City, its officers, employees, and agents from all claims, suits, or actions of every kind and character made upon or brought against the said City, its officers, employees and agents, for or on account of any injuries and damages received or sustained by any party or parties by or from the acts or omissions of the said Contractor or his or its servants, agents, and subcontractors, in performing under said Contract, or by orin consequence of any negligence in guarding the same or any improper material used in its construction, or. by or on account of any act or omission of said Contractor or his or its servants, agents, and subcontractor, and also from all claims of damage for infringement of any patent in fulfilling said contract; and, THIRD: The Principal and Surety on this Bond hereby agree to pay all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for the payment of all laborers and mechanics for labor that shall be performed.. for the payment of all material and equipment furnished, and for the payment of material and 16 . equipment rental which is actually used or rented in the performance of the Contract on account of which this Bond 1s given, when the same are not satisfied out of the portion of the Contract Price which the City may retain until completion of the construction; and, FOURTH: Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action. FIFTH: The Principal shall keep the work constructed under said contract in good repair for a period of one (1) year from date of final acceptance by the City; Then this obligation shall be null and void; otherwise it shall remain in full force and effect. Any Surety on this Bond shall be deemed and held. any Contract to the contrary notwithstanding, to consent without notice; 1. To any extension of time to the Principal in which to perform the Contract. 2. To any change in the Plans, Spec1fications or Contract, when such change does not involve an increase of more than twenty per cent (20%) of the total Contract Price, and shall then be released only as to such excess increase. 3. That no provision of this Bond or of any other contract shall be valid which limits to less than five years from time of acceptance of the work the right to sue on this Bond for defects in workmanship or material not discovered or known to the obligee at the time such work was accepted. 17 . Î i SIGNED ANDS£ALED nus. 11th IN PRESENCE OF October A..D., 19 88 DAY OF Ed Jipp Constructiôn Co. TMncipal Attest: . ~" .. jiJf¿ "~. "".. . Ñ- ~.~ xal:f~4j. ?l4k~ Ad ress' .. Shirley. E. Jipp :~tle&î11N~ " Edwin T. Jipp * COUNTERSIGNED: (Attach Corporate Resolution of. Principal Authorizing Execution) son . . Constructors Bondingê~any Company" Name. . ..". . .. FideU.ty & Guaranty Insur~rihe.," Cblnþany Su "" " I ' ../"" "8205 F Street Address Omaha~ Nebraska 68127 City. " "" State APPROVED AS TO FORM: Zip * Instruction: Type names of "persons under signature ". . qfeach. " . "" . .r.K. . City Attorney . , FG I.G CERTIFIED COpy GENERAL POWER OF A TIORNEY NO. FGIC 2056 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Iowa, and having its principal office at 100 Light Street, Baltimore, Maryland 21202, does hereby constitute and appoint Ronald R. þ.l1;~, ~l J. Bm:fœ:d am. G. Dennis ~ of the City of Qœba , State of Nebraska its true and lawful AttorneYSn-Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE COMPANY hereby ratifies and confinns all of the acts of said Attorneyfin~ fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signature of its Assistant Vice-President and Assistant Secretary, this 26th, day of August , 19 88 (Signed) FIDELITY AND GUARANTY INSURANCE COMPANY W. J. D. Scme.rvil1.e, Jr. '. . By.......................................................... . Assistœu Viu-l'nsùlntt. .'......,~;ié.~' . (SEAL) (Signed) Micbael P. HcallluJd ......................................................... Assistœu S«rnœy. STATE OF MARYLAND BALTIMORE CITY ss: On this 26th day of August ,19 88 ,before me personally came W. J. D. Sanervill.e, Jr. ,Assistant Vice President of FIDELITY AND GUARANTY INSURANCE COMPANY and M:i~1 P. 8:auluud , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said W. J. D. Scme.rvil1.e, Jr. , and Him-l P. &.uIlUlÐ were respectively the Assistant Vice President and Assistant Secretary of the~d FIDELITY AND GUARANTY INSUR~ ANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by-laws of said corporation; and that they signed their names hereto like authority as Assistant Vice President and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 1990 (SEAL) (Signed) Ma£~t:t M. Hm:st ........................................... NOTARY PUBUC FS 83 (4-88) (HO) r. .., COPY of By-Law .. Article VI, Section 7 - Execution of Instruments. The 01airman of the Board, the President, any Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to exec:ute, acknowledge, verify and deliver all contracts, obligations, in- stI1UI1eDts and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." H'lm-1 P. ~I'."..d I ' Assistant Secretary of :;O=in~~~~:':=~d~:~ h~~.dW~~~I~ ~~~ 3Y G. Debti.is HcADUe of Qrøba, Nebraska , authorizing and empowering tbem to sign bonds as therein se~ forth, which power of attorney bas never been. revoked and is still in full force and effect. And I do further certify that said Power of Attorney was giveì1 in pursuance of ~ by-law -of said Company, and that the foregoing is a true and correct copy of said by-law. In T~HY ~ereof,. I have hereunto ~.y ~ ~ ,the seal of ~EUTY AND GUARANTY INSUR.. .-., J\NCE COMPANY this '/1 il day of "-.:.' e '"þ'f¿.€-<:-/ ,19!'O ,.,., c ~~ A.Øisttmt SetnlllTY. PFC'::;'f Constructors Insurance 8205 F. Street Omaha, Nebraska 10-4-88 " ~i~; '~ ~ TI-1,$ CC:;;¡;F,(A 1't:S ...."VED4S,~ M) RiG","'> 'jPOf¡'¡';E CERT1F!GA"Ë £XTENO,R Ai. EA THE CO'iER,<IDE ". "';L , ,":, ,,'" ",,' . '- '- " ",::;:ES :JEV',,/, Agency ---,~---,- COMPANIES AFFORDiNG COVERAGE 68127 .~ :;~ "f ~J~ /: ('()~",JA:\"' A , LE;--rER , ' ¡-------- ' .. h ------..---"-------..........; :::;'9j.'~:,~,\ ð ;::TT,,".R ¡g ¡" INSURED Cornhusker Casualty Company Inc. :'UMPAN'y C ; ETTER, Ed Jipp Construction Company, 824 North 28th Avenue Blair, Nebraska 68008 _.,---------,-- ,,:CffiPM,', D , ."T':'ER "j" '1 ::t :", -<'I" ~': '.,~ 'it ;.~ , :iiJ }l ------- ..,..-,..._, ---,_..._-....,--_..--.. .. ", 'N , ^' THIS:S TO CERTIFY THAT POLICIES OF it4SIJRANCE LiSTED BELC:W ;:lAVE Gt:EN ",SUED 7C r:-jl: L'dlJiEC NAMED NOT'Nln¡S:JI;NDING ANY REQUIREMENT, TERM OR CGNOmON Of ANY r.O1llTR.4cr,:)Q :..cniEf¡ OOCí;;.\ENT W!TH 8E ISSUED'm MAY P!;.RTAIN THE I!liSUi'lANCE AFFO~DE{j By T¡-¡~ :"':IUC:f'.S DESC<\¡SED !iE1=:€'N:'3 '),-,a,JEcr TO ALL TlONS Of SUCH ÞOUCIES, ,.- - --" : .. ":S'JAANCE ,( ;,"",JAr, , ' ' -,~-,----_..~- GENERAL LIABILITY, r~ ,,' '~"'I"c';,r.,J"",'~',"';;"'" t I"BI'ITY'" 1 " ,', '0 M, ."" ,'" c I i"'ffi ¡I, ',j-i i,":' l.::::JŒC,_qqE";CE f-ri-.,' :~,¡'" ,-"-- ','-"', " q, 1T,F'~"ICI D-..,"'~,l,",-',o'L,v'... _.xa.~Ih.._Coverage ¡ , ¡ f I I i ! :;,,'.\¡iV,g¡ED ~u7J5 OT'I',;~ "HA,'i u'..IBREcLA "aRM A WOI'!Í\E.AS' COMPENSATION AND EMPLOYERS'LIABILITY '" OTHER ----.., "--------"---.-.-, ",.. T-~~-- I' ì I I' -- T~---;1----'--'--"-- "'~~~=-~:G¡:-~::c=~=-, ! ¡ ! i : 10-21-87 i 10-21-88 ?()uC', ',U~'\8EF ---"----- '¡-_c_.... ,_. ii""):,',;," ii)~: =':SQO_-- :'500 Têj..9Õ~- ~'~~5.QO_-- MAP 5852 ,,>"',,"~"',,';"-"'~",,~"'" '------,.-- -,.,. . 'J "¡¡E',:,~ --.c......l. .------ "', ,,':i¡j :;ß <~ ;"1f :):. .?' ','I: '" MAP 5852 ¡ I ¡ I,' I 'i, ; ,^ j " i,') 110-21-87 :10-21-88 ¡~~l~:fs 500 I I ~:, ,r- i I I: kJ ¡, is, ' -¡ "----~--r-~~"~~-~-r:-~'~r~,~::¿':ÇE-r , L-21-87110_21-88r'~~~..I..,'$-=~. j- I +' , i l~)3..QQ '~~~-~,- :r,~ I. . ,,' , . T',': $___JQ(L~_~L~~=-:" ','"--.: '~;y \,r ! ~._-------. j I i I ! PWC 006383 ¡ ; ¡ , i ! ~ ~:~ ..~-~- . L._~,,-_.. -_.. DESCRIPT;("J OF OPERATiONS!LOCATIONSiVEHIC~ES,RESTRICTiC'.S SPECIAL ITe,'s SID IF 146 Blair, Nebraska ',~ , ,""~";~.,~,%,,,'., .".",.~;,~=~.",:>~ ,¿,;dllllt~fj'~..¡" ;4' SHOULD ANY OF THE J¡SOVE DESIy:ai:JPojuc,'::3 SE CANCELLECi 3EFOf<EiHE EX PIRA:ïOjl; DATE THEREOF. i~S',J¡~;Q C:JMPANYWILL'::NDEAVOR MAil 10 DAYS WRITTEN NOTiCE TO TdE CERTIFICA1'EHOLCER,AMEO ~o lEFT, e-UTFAILURE TO ~1AIL "UCH SHALL :MPÓSE 140:;SL.iGAT,ON OR I.JABlliTY OF ANY KIND UPON TH¿ CO:','P~;i, ;5 AGENTS OR REPRSSSNTAT:\/ES.. A\JTHO'1;ZEP;;E"RESENTII T:vE ¡ ~~ "~,. f~ City of Blair Blair, Nebraska ", Í', ,: " . "" . " .. RESOLUTION NO. 1988 - 27 COUNCILMEMBER Ryan " INTRODUCED THE FOLLOWING RESOLUTION; , , , " ' , , c' , " ' a Leaåewìtl1'1::he Bi:àt:t~Öt1.thèoltt~leX Ðoardof Tru~ctèés, a copy Óf , , " . c., , , , WHEREAS,t.heM~ýöt. and CityC9U1'1cil ha.ve been, presented w~~h c - , , ' said Leasebe.tng at..t~riÞ~dherêto,înax:kedEXhibl~ "A"; and, , 'c ',WH~~~~~'~:t.~~,"citYcC)~)B1.ärrlS1c,+,áCJreementwith the ter,InS and condit.1oll$\:.øf"salð',,~;;:,Lease;¡;">< "i\\,:'.. ,.J C' ,"';' , ',' 'v cc':~;;i-';~'~:A',,~"L...~~:c<c:;~'~';:~'.;.,.r<';'\ <{': : '}C,. , " ..,' " NOW,-, T~ER~FÞÍi$,}):1E'I'rR~~9~ VEP';by the, Mayø:r:: ,andÇ it y 'Council of the "'¿i'~Yoi'J3i~!!~/"~haf,~-'~~e.H~~~~~';'~atta<:hed ", hereto, marked ~, " Exhibit .ItA"beap~~;o~~:~:~n.d'àdÒþt~db~;tÞemunlciPållty. BE IT ~URTHERRESOLVEDTHAT the Mayor and City Clerk are hereby authorized and direCted to execute such Lease on behalf of the City of BlaIr. COUNCILMEMBÉR" 'Kros "MÖVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan, UPON ROLL CALL, COUNCILMEMBERS Ryan. Kros. Vinton. Rev-zlik. Kubie. Kuhr. LOng and Jenny VOTING" AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF OCTOBER, 1988. CITY OF BLAIR, NEBRASKA BYM~~T~ ATTEST: tf)~ '~w-~P.lfdt VERNA R. BULL, CITY CLERK , ; , (SEAL) , " " , . - - , This LEASE lease made this q?.5 -fl... day o.f &CiDh~"" , , 1988, WHEREAs~çitYha,~'(£~t~ëtJ.n pro.perty whtC:h it desires to. between the City o.f.Bl~lr, Nebratika, a mun~cipal corpora"" ". . . ' .ti on;~ b~rell1aftér:'~f1own .~It-~.j;.~y.", 'and Blah:YouthComp.1ex be7;einaf.te~> rèiér1::edto: as "Lessee". Board, '. . ." . - . ~,~~"" . 'lêasetoLësS~~??~~'rid'L~ssee desires tcrrent '.;,'.,.'.,' ""-"".,'.",~4~1'.);':";':::~;~i~S":fè;C'!;'5/. the same , . - ..,\,~:;,~, ',.' "', - - -, , ':N~i. T~RE~O~~!~".-Ç9N.Sl])~RATI0N".OF THE.,HUTUAL COVENANTS AND':coNtnTIONs,T~E."P~~~.~/~;~. 'ASP-OLLOWS : , '." """'," ';':,}\,3!;.;)~:":'.,'.'.',' I.City agrees "t.q:~êrit-1:otêSsee and Lessee agrees to lease fro.m City ,certain, property described as fo.llo.ws: --'" . Fro.m the No.rthl/4 co.rn~r of Section 12, To.wnship 18 N~1:h,Range. 1.1E~st, and assuming the North line' of 'theNEl/4o.fsaid sectio.n to. bear 'N89o.55,t.S~.Bt:1:henceN89o.5S' 45"E a dis- tanceo£ 33.0"feet'<,1:othe Po.int o.f beginning; thence co.ntinulngN89o.55'45"E'a distance o.f 1263.35 feet; thenç~~SOo.O4'39"E a distance o.f 1297.05 feet; thênceWest a distance of 629.44 feet; thence NOo.O8'28"E a distance of 332.51 feet; thence N89o.51'32"W a distance of 198.00 feet; thence SOo.08'28"W a distance of 333.00 feet; thence West a distance of 30.00 feet; thence NOo08'28"E a distance of 331.60 feet; thence N89059'33" W a distance of 410.85 feet; thence NOo.08'28"E a distance o.f 963.84 feet to the Po.int of beginning lying in the NWI/4 NE1/4 of Sectio.n 12, To.wnship 18 No.rth, Range 11 East o.f the 6th P.M., Washingto.n County, Nebraska, co.ntaining 33.03 acres more or less. 2. As consideratio.n fo.r the rental of said pro.perties, Lessee agrees to pay to City the sum of $1.00 per year. Said rent shall be due and payable on the 1st day of April of each year so long as this lease is in effect. 3. The parties agree that this Lease shall co.mmence o.n the 25th day of Octo.ber, 1988p and terminate o.n the 25th day of October, 2003. The Lessee may request a renewal'of this lease 0< for an additional term of five (5) years, commencing from the termination of the orlglnaltez:mof this lease, subject to the 'absol ute ". , 4..' ~e~s~e,a9ree.~ toh?:~d,qlt:Y;h.armle~s ~:to~:,,~yanðall , , . , . , '.' , ',damages'f¡)r "personäl'".ln:JuryJ.<Seëitb.orpròperty daroagei""o:r any this ,,~ea$.~{, èind,i1q~ê~s:'~o:~iõçu,re'¡-iab 11: i.J:Y:'.J~s)l:tár;î~~ ,'"in' 'a;n amount'nò;less:, '~,~~n'/ ;i~~' ... ~~~~~_;~i';;~ó~~an~' . 'I)~li~:~":":(}~øo',. ~'():o'~. 001' tocovertb.1sr Isk. ~ , , " 'Lesse~f.ur:.~~~'a9.rèes tOP:ç'()Vide 'proof', of coverage to City not, less than once,.yearly. 5. Lessee agrees that it has constructed and maintained and will beconstructinqandmaintainingparkinqareas on the leased' pI'.~mises and, tbat.theCltYl their aqetlts¡ 11ce,l1sees, invitees, or the general public may use at any time du:r:ing the term of this lease, except during Lessee's scheduled games. Lessee furthe:r: agrees that in the event of termination at the end of any lease term, any pe:r:manent buildings erected on the prem- ises shall become the property of City. Any property which can be removed without damaging the property of City shall remain the property of Lessee when removed. Lessee agrees that no permanent bleachers or other permanent structures, buildings, or parking areas will be constructed on the premises without prior permis- sion from the City and that the Lessee will remove any and all bleachers upon the expi:r:ation of this lease. 6. Lessee agrees that these premises shall be used " , solely for the purpose ()fconstruètlng and using soccer fields or baseball and softball diamonds,; grandstands for viewing baseball, s()ftball, and soccer. games.,a-nd ...parking .for LelJsee's agents, . . .. . ::V i::: 8:h: n:x:: ::::e:: e. .::Z~:\~:~;i:~~f~¡~ ~:::. ... a:~ 8 ba 11 , , " " ' , ,," " " , ,',', , , Youth So£tball~àoqlatió~i tb."Blå.~r'~~ôC:FerASsoc:iQtiot'1" their bas.eballi'~Ôf~ball'¡r'and' '$øcê~ip't'~iåms( .""" , ,':"', """""""":,'"",;',:';;;,;,;,':>">.,'i':"",,,>,',',',.. " invitational tourn~~nts, excep~~ff; 11Jðy'beothe:;,~~~t! 'st~t~(L ~n.., ' :- ,',': : '..' ':':;", ...' , ' :,'~;, ",," , , "', of, t hepremi ses'Vi,thci~t'(hjl'1~,1<ieî:âtb)rrtp:r'øthér " , , ..' poses of baseball,softball,6r socc.r,'.cjëi~s/.", " .. 7. It is åg~~ed:byal'lá betwe'~nthe'pårties' that the City , , " will mow: and rnaintairithe'qrassareasol1tifÎlde of and more '.. , than ten feet from the perimeter fencing ~r¿Ùnd such baseball, '.. '..' , '" , ., " " softball, and soccer fIelds, or tenf~etfromtheplafiri9surface ,',',:, , , " , of such fields if there is no 'perimeter fencin~,h' Such mowing and maintenance shall be at such times and in such, manner as the City, in its sole and absolute discretion may determine. As to all other items of maintenance or preparation, the City shall have no duty or obligation whatsoever specifically including but not limited to any duty or obligation for any field preparation, raking, maintenance, chalking or lining on fields, watering, fertilizing, or mowing. The City may participate in land level- ing for purposes of drainage on adjacent properties of the City if it so desires. 8. The Lessee agrees that it shall be responsible for and shall pay any and all costs of improvements and maintenance on the property. The Lessee shall be responsible for and shall - ,~ " ...- pay specifically for, but not lImited to all ball fteldmainte.,.. nance-' bas(!linemaintenance and preparation, raking, chalking and " , , ' " ' , IJI'11ng,o;';).ines ",'..~ert 1Ji~1n9t ,wa.ter;t:~9,... ëlnd~}nowl ~9>~f~a!1 '~t..!!~~ ~~~~!~:JZ~s~~~~:! ~~~~~~~;~~~?~~~¡t ;~~~~i~\;~ttt~ ~:;t1t~; ,,',.',' ,be ,.petfor...~;by',' th:$.Ci 1:y>an.'the."'l~a~êdp~ê.l'ï~~~;))P~9!ld~4~:nø,,~V.~' '" '.' ", ,', , ',' ' ..,.' ';" , c;.'.."é." , " ' '.' '." , , , .. and 'máiriteriånce" express ly;'",s~¥, ",for,th" in~thepi~¿edlng.~~t~jr~~tii;~Y~~"}b~Jriq:~;t~~;'.:>, responsibility '.. 9. Lessee aqreesthat thes.e premises were purchased , ' by City for ceme.t&rypur;P:o!1e~ì~ndtl'ì.tt1e~ye~tcl~:Y..:"."n~ed~F"""these , , , " " 1 eased " pí:Ö-pe:tt'les.for,C'e~.téryor.' other púrp#sesi1t.thê::~" end of any lease term, Lessee shall give up peaceful possession of the premises to City at the end of that term. It is specifically noted and agreed by both parties hereto that no claim to contin- ued possession will be made by the Lessee or its agents upon notification of termination of this lease and that this lease shall in no way be construed as to bind the governing body of the City to continued occupation of the premises by the Lessee upon the City's decision to terminate this lease in its sole and absolute discretion for any reason whatsoever. Further, Lessee agrees that in the event Lessee ceases any authorized activities, this lease shall terminate as to the terminated program's facili- ties even if any lease term is not completed. .,e. .~' . RESOLUTION NO. 1988 - 28 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION~ WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 for Small Cities Community Development Block Grant Program, and, WHEREAS, the City of Blair, Nebraska, has obtained its Citizens' comment on community development needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $284,000.00 for Nathanial Simms Cabinet Makers, Inc., a start-up specialty furniture manufacturing company producing fine, hand-finished 18th Century Colonial American furniture reproductions. The Company will initially employ 30 persons. Block Grant proceeds will go towards the purchase of land, building and equipment. Twenty jobs will benefit low to moderate income persons; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blair, Nebraska, that the Mayor and City Clerk be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Blair, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCILMEMBER Rey~lik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Ryan. Reyzlik. Long. Jenny. Kuhr and Kubie VOTJ:r\G "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF OCTOBER, 1988. CITY OF BLAIR, NEBRASKA By3ì;, M. STANLEY . ,L oJ ATTEST: íl d-(,)!A1-;~ /(?-1t~1 VE&~A R. BULL, CITY CLERK (SEAL) :: STATE OF NE:&RA$KA;: ) ) 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 special meeting of the Mayor and City Council of said City held on the ~ day of October, 1988. !£L./ ¿to ,¡¡;3d VERNA R. BULL, CITY CLERK ; RESOLUTION NO. 1988 - 30 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with revisions to the City of Blair Employee Medical, Dental, and Vision Plan, a copy of said Plan and revisions being attached hereto, marked Exhibit "A"; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Plan and revisions. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the City of Blair Employee Medical, Dental, and Vision Plan and revisions attached hereto, marked Exhibit "A" be approved and adopted by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute such Plan and revisions on behalf of the City of Blair. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Kuhr. Revzlik. Kuhie. Long. Jenny. Vinton Rnd Kro~ VOTING "AYE" ,AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF NOVEMBER, 1988. ^. , ~ CITY OF BLAIR, NEBRASKA BY~'~~ M. £JTANLEY JE N, YOR ATTEST' : ; ~Þ. ~dj VERNA R. BULL, CITY CLERK (SEAL) þ STATE OF NEBRASKA WASHINGTON COUNTY VERNA ) )ss ) R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, at Nebraska, and that the above and foregoing Resolution was held on the 22nd a regular meeting of the Mayor and City Council of said , ~ - - - day of November, 1988. cD M<A/ Þ-£d'¿ VERNA R. BULL, CITY CLERK , passed City .' . AGE1IDA ITEM 5 CITY OF BLAIR EMPLOYEE MEDICAL, DENTAL AND VISION PLAN Effective June 1, 1983 Revised September 1, 1987 and December 1, 1988 0 V E R Introduction TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions and Construction ............................... Contributions . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment and Termination Miscellaneous Provisions Administration ............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . '. -. ~ 1 2 3 4 5 8 ARTICLE I INTRODUCTION This Employee Medical, Dental and Vision Care Plan has been established by the City of Blair, for the benefit of its Employees and their Dependents. It is to be maintained according to the terms of this instrument. The Plan Administrator, described in Section 2.1, has the authority to manage and administer this Plan. The purpose of this Plan is to furnish additional incentive to Employees of the Employer upon whose judgment, initiative and efforts the successful conduct of the business largely depends by providing for the medical, dental and vision need of said Employees and their Dependents. It is the intention of the Employer that the Plan qualify as an accident and health Plan within the meaning of Section 105(e) of the Internal Revenue Code of 1954, as amended, and that the benefits payable under the Plan be eligible for exclusion under Section 105(b) of the Internal Revenue Code of 1954, as amended. This Document, together with the Medical, Dental and Vision benefit plan booklet, forms the City of Blair Employee Medical, Dental and Vision Plan, copy of which is attached hereto and made a part hereof, and will be the basis for determining benefits. This Document and the booklet, hereafter called the "Plan", may be amended from time to time by the City of Blair (hereafter called the Employer) to reflect changes in benefits, eligibility requirements, or any other provision, and any change so made shall be binding on each covered Employee and on his eligible Dependents referred to herein. The effective date of the adoption of this Plan is June 1,1983. September 1, 1987 and December 1, 1988. Revised n . V t I? -1- ARTICLE II DEFINITIONS AND CONSTRUCTION 2.1 Definitions. The following words and phrases, when used in this Plan, shall have the following meanings: Adoption Date means June 1, 1983, which is the date on which the pro- visions of this Plan originally became effective. Revised September 1, 1987 and December 1, 1988. Code means the Internal Revenue Code of 1954, as amended, and includes any regulations issued thereunder. Employer means the City of Blair, organized and existing under the laws of the State of Nebraska. ERISA means the Employee Retirement Income Security Act of 1974, as amended, and any regulations promulgated thereunder. Fiduciary means the Employer, or the Plan Administrator, but only with respect to the specific responsibilities of each with respect to Plan Administration. Plan means the City of Blair Employee Medical, Dental and Vision Plan as amended from time to time. Plan Administrator means the Insurance Committee~ or any successor appointed under the provisions of Section 5.3. Plan Sponsor means the Employer. Valuation Date means the last business day of each quarter of each Plan Year. 2.2 Construction. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine gender, unless the context clearly indicates to the contrary. -2- ARTICLE III CONTRIBUTIONS 3.1 Employer Contributions. Th~ Employer shall contribute the cost of th~ Plan which is not required to be contributed by Participants. A determination of the amount and time of each contribution shall be within the sole discretion of the City Council. 3.2 Employee Contributions. A contribution may be required to be made by Employees who wish to cover themselves and their Dependents as Participants and will be made by payroll deduction. These contributions (and any profits derived there- from) shall be maintained in a segr~gated account which is clearly identified as containing assets of the Plan. ~R ('; '1 -3- . ARTICLE IV AMENDMENT AND TERMINATION 4.1 Amendment. The Employer may, from time to time, make any amendments to this Plan; provided, however, that the Employer may make any amendment it determines necessary to comply with ERISA, with or without retroactive effect. If any amendment to this Plan affects the benefits provided by the Plan, Participants' benefits shall be determined under the amended provisions of the Plan as of the effective date of those provisions; provided, however, that if an amendment increases the benefits which may be paid under the Plan or increases the coverage of Participants under the Plan: a. An Employee who is not actively at work on the effective date of the amendment shall not be covered under the amended provisions of the Plan until his return to an active work status; and b. A Dependent confined to a hospital on the effective date of the amendment shall not be covered under the amended provisions of the Plan until the day after his discharge from the hospital. 4.2 Termination. The Employer may terminate the designated group of Participants at any time. A termination of the Plan shall be deemed to occur upon a complete discontinuance of contributions to the Plan by the Employer; the bank- ruptcy, insolvency, or dissolution of the Employer; liquidation of the Employer; or the merger, consolidation, or reorganization of the Employer. 4.3 Effect of Termination. All benefits shall cease upon the day that the Plan is terminated unless otherwise provided by the Employer or other provisions of this Plan. -4- . . ARTICLE V. ADMINISTRATION 5.1 Duties and Responsibilities of Fiduciaries; Allocation of Responsibility Among Fiduciaries for Plan Administration. A fiduciary shall have only those specific powers, duties, responsibil- ities and obligations as are specifically given him under this Plan. In general, the Employer, by action of its City Council, shall have the sole responsibility for making the contributions provided for under Section 3.1. and shall have the sole authority to appoint and remove the Plan Administrator and to amend or terminate, in whole or in part, this Plan. The Plan Administrator shall have the sole responsibility for the adminis- tration of this Plan, which responsibility is specifically described in this Plan. It is intended that each Fiduciary shall be responsible for the proper exercise of his own powers, duties, responsibilities and obligations under this Plan and generally shall not be responsible for any act or failure to act by another Fiduciary. A Fiduciary may serve in more than one fiduciary capacity with respect to the Plan. 5.2 Allocation of Duties and Responsibilities. The Plan Administrator, by written instrument signed by him, may designate other persons to carry out any of his duties and responsibilities. Any duties and responsibilities thus allocated ~ust be described in the written instrument. If any person other than an Employee of the Employer is so designated, such person must acknowledge in writing his acceptance of the duties and responsibilities thus allocated to him. All such instruments shall be attached to, and shall be made a part of, the Plan. 5.3 Appointment of Plan Administrator. The Plan shall be administered by the Plan Administrator appointed by and serving without compensation at the pleasure of the City Council. All usual and reasonable expenses of the Plan Administrator may be paid in whole or in part by the Employer. 'J ~ R (\, -5- 5.4 5.5 5.6 . , . Expenses. The Employer shall pay all expenses authorized and incurred by the Plan Administrator in the administration of the Plan. Records and Reports. The Plan Administrator shall exercise such authority and responsibility as he deems appropriate in order to comply with ERISA, including any documents and notifications required to be given to Participants and annual reports required to be filed with the Internal Revenue Service and the Department of Labor. Other Powers and Duties. The Plan Administrator shall have such duties and powers as may be necessary to discharge its duties hereunder, including, but not by way of limitation, the following: a. To construe and interpret the Plan, decide all questions of eligi- bility and determine the amount, mànner and time of payment of any benefits hereunder; b. To prescribe procedures to be followed by Participants, former Participants or Beneficiaries filing applications for benefit; c. To prepare and distribute information explaining the Plan; d. To receive from the Employer and from Participants such information as shall be necessary for the proper administration of the Plan; e. To furnish the Employer, upon request, such annual reports with respect to the administration of the Plan as are reasonable and appropriate; f. To receive, review and keep on file (as it deems convenient or proper) reports of the financial condition, and of the receipts and disbursements; and g. To appoint advisors, claims administrator, and legal counsel, to render advice with regard to any responsibility of the Plan Administrator under the Plan or to assist in the administration of the Plan. The Plan Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to change or add to any 'benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under the Plan. -6- . 5.7 Rules and Decisions. The Plan Administrator may adopt such rules as it deems necessary. desirable. or appropriate in the administration of the Plan. All roles and decisions of the Plan Administrator shall be uniformly and consis- tently applied to all Participants. former Participants or Beneficiari~s who are similarly situated. When making a determination or calculation. the Plan Administrator shall be entitled to rely upon information fur- nished by a Participant or Beneficiary. the Employer or the legal counsel of. the Employer. 5.8 Authorization of Benefit Payments. The Plan Administrator shall issue proper directions concerning all benefits which are to be paid pursuant to the provisions of the Plan. 5.9 Application and Forms for Benefits. The Plan Administrator will require a Participant to complete and file with it an application for a benefit. and to furnish all pertinent information requested by it. The Plan Administrator may rely upon all such information so furnished to it. including the Participant's current mailing address. 5.10 Facility of Payment. Whenever. in the Plan Administrator's opinion. a person entitled to receive any payment of a benefit hereunder is under a legal disability or is incapacitated in any way so as to be unable to manage his financial affairs. it may direct payments for such person. to his legal represen- tative. or to a relative or friend of such person for his benefit. or it may direct the payment for the benefit of such person in such manner as it considers advisable. 5.11 Liabilities. The Plan Administrator. and each person to whom duties and responsibil- ities have been allocated pursuant to Section 5.2. may be indemnified and held harmless by the Employer with respect to any breach of alleged responsibilities performed or to be performed hereunder to an extent determined by the City Council. ~~ t:'- '1 -7- . - . . ARTICLE VI MISCELLANEOUS PROVIS IONS 6.1 No Assignment or Alienation. Benefits, payments, or proceeds payable from the Plan,and any interest of any Participant or Beneficiary created by this Plan, shall not be assigned or alienated. This Section 6.1 shall not preclude direct payments to those providing goods or hospital, surgical, medical or dental services to Participants for which the Plan allows payment or reimbursement. 6.2 Action by Employer. Any action by the Employer under this Plan shall be by a duly adopted resolution of its City Council, or by any person or persons duly author- ized by a duly adopted resolution of the City Council to take such action. No Continued Employment. 6.3 The Plan is not to be deemed to constitute a contract between the Employer and any Participant or to be a consideration or inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regard- less of the effect which such discharge shall have upon him as a Participant of this Plan. 6.4 Physical Examination an~ Autopsy. The Plan Administrator at its own expense shall have the right and oppor- tunity to 'examine the person or any individual whose injury or sickness is the basis of claim when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death, where it is not forbidden by law. 6.5 Choice of Service. The Participant shall have the sole right to select his own physician and surgeon, and hospital; and a physician-patient relationship shall be maintained. 6.6 Plan Document Changes or Modifications. This Plan Document and the individual applications, if any, of the Participants shall constitute the entire contract between the parties. All statements made by the Participants shall be deemed representations and not warranties. No statement made by any Participants shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or to his Beneficiary. -8- ~ . oj . . . No individual except the City Council has authority to make or modify this Plan. No change in this Plan shall be valid unless made by endorsement hereon, or the amendment signed by the City Council. Any change so made shall.be binding on each Participant and on any other individual or individuals referred to in this Plan Document. 6.7 Incontestability. No statement made by any Participant under this Plan relating to himself or his Dependents shall be used in contesting the validity of the cover- age with respect to which the statement was made after such coverage has been in force prior to the contest for a period of two years during such personts lifetime nor unless it is contained in a written instrument signed by the person. 6.8 Employee Booklets. The Company will provide each Participant an individual booklet describ- ing the essential provisions of the Plan. The Plan Administrator shall be deemed to be acting as an agent of the individual Participant under the provisions of the Plan with respect to certifying eligibility in the class or classes eligible for participation and with respect to depositing any contributions by the Participant toward the cost of the Plan. If failure to comply with any terms of this Plan is shown to be unintentional and the result of misunderstanding or oversight on the part of the Employer or the Plan Administrator, both the Company and the Participant shall be restored to the positions they would have occupied had no such error or oversight occurred. If the classification of a Participant is misstated, the amount of benefits due in the event of loss shall be the amount, if any, to which he would have been entitled under his correct classification, and an adjustment of contributions paid shall be made on the basis of his correct classification. -9- 0 V E R "'. . . . ACCEPTANCE PAGE The City of Blair agrees that the provisions contained in the Plan Document are acceptable and will be the basis for the administration of the City of Blair Employee Medical, Dental and Vision Plan. Accepted by the Plan Sponsor at Blair, Nebraska. Accepted by the Plan Administrator on December 1, 1988 at Blair, Nebraska. ~ ;) .. -c. .. "" COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 31 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 space be r designated as Handicapped Parking: along the North curb of Colfax Street from a point 86 feet West of the centerline of Sixteenth Street to a point 100 feet West of the centerline of Sixteenth Street; and the Street Department of the City of Blair is 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 regulation. COUNCILMEMBER Ryan MOVED THAT THE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY .Tenny UPON ROLL CALL, ReyzHk. Ryan. .Tenny. Vinton. Kuhr. Long and Shotwell VOTING "AYE", AND COUNCILMEMBERS None "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION APPROVED THIS 27th DAY OF DECEMBER, 1988. RESOLUTION BE COUNCILMEMBER COUNCILMEMBERS PASSED , , AND ATTEST: .\. ¿Q~~c '¿¡fu/L VERNAR. BULL, CITY CLERK (SEAL) . '. ~ "'.~ ,.. ~ STATE OF NEBRASKA WASHINGTON COUNTY VERNA ) )ss ) R. BULL, hereby certifies that she is appointed, qualified and acting City Clerk of the City of at Nebraska, and that the above and foregoing Resolution was a regular meeting of the Mayor and City Council of said held on the 27th . - . .. day of December, 1988. ¡[;Œ " 1fJ ¿ ¿ /. VERNA R. BULL, CITY CLERK the duly Blair, passed City - .~ ..C." & COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1988- 32 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: along the West curb of Sixteenth Street from a point 52 feet North of the centerline of Front Street to a point 65 feet North of the centerline of Street; and the Street Department of the City of Blair is Front hereby authorized and directed to place handicapped parking signs re- fleeting 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 regulation. COUNCILMEMBER Kuhr MOVED THAT THE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY Long . UPON ROLL CALL, Ryan, Kuhr, Long, Shotwell, Vinton, Jenny and Reyzlik VOTING "AYE", AND COUNCILMEMBERS None "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION APPROVED THIS 27th DAY OF DECEMBER, 1988. CITY OF BLAIR, NEBRASKA RESOLUTION BE COUNCILMEMBER COUNCILMEMBERS PASSED , , AND :: .~ BY 1;;, M. STANLEY JENSE ATTEST: ') :c d ./';(J' /7 . '. .. ..r' , "/. /./1 . (1 /v7/tû~ . ~.1 /( VERNA R. BULL, CITY CLERK (SEAL) .. 4 ~.," STATE OF NEBRASKA ) )SS ) WASHINGTON COUNTY VERNA R. BULL, hereby certifies that she is appointed, qualified and acting City Clerk of the City of Nebraska, and that the above and foregoing Resolution was at a regular meeting of the Mayor and City Council of said held on the 27th day of December, 1988. ,- - '- . ¿() ¡J /f:? '/' U---l.rZ'1-/,J'/' -" 2,-/Jy VERNA R. BULL, CITY CLERK - - the duly Blair, passed City