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1989NUMBER 1989 RESOLUTIONS TITLE MINUTE BOOK PAGE 1 Landfill Rates Increased 3526 2 Adopt Organizational Chart & Amend Job Desc. 3530 3 Supervisory employees should not be placed in a position of divided loyalty re:unions 3530 4 Increased rent at Bl Apts eff 4 -1 -89 3532 5 Hideaway Liquor Lic(Peterson) 3534 6 Water and Sewer Use Rate Increase 3534 7 One and Six Year Street Plan 3534 8 Denial of Cubby's Class B Liquor License 3537 9 Easement City of Blair /Kevin Blair 3540 10 The Limit Liquor Lic (Brunton) 3540 11 Harold's Liquor Lic(BJT Inc) 3540 12 VFW Washington cc Co Post 1251 Liquor Lic 3541 13 removeeappliances from lsndriiiion Hartwell 3541 14 City of Blair and Earl Kahlandt 3541 15 Blair Volunteer Fire Dept.(One day liquor licence) 3547 16 Blair Police Retirement Plan Amendment 3550 17 Addtional Fee created at the Landfill 3551 18 Placing of Stop Sign at corner of Oak & 16th 3551 19 Easement for Campbell -Amen Mortuary Canopy 3559 20 Lincoln St (13th to 19th) to a collector street 3560 21 Transfer of Cable Company 3562 22 Firearms 3562 23 Approve 1989 -1990 Budget 3564 24 Street Improvement District 146 3567 25 Assessments for Street Impr. Dist. 146 3669 27 Airport Study request Federal Funding 3674 28 Easement for Dennis E. Pestal 3674 29 Cable TV transfer of stock 3682 30 Erect Speed Limit signs in school zones 3682 31 Haack, Class D L L Blair Liquor Park 3683 32 Rybin, Class C L L Jeff & Mary's 3683 33 No parking signs on Butler Street & Butler Ave 3688 34 Easement with Lockwood Group 3688 35 Agreement with the Dept. of Aeronautics 3688 36 Retirement Plan 3688 37 Authorization of Banks to be depositories 3689 38 City Clerk /Treasurer & City Administrator 3689 authorized to sign checks, drafts & withdrawal orders RESOLUTION NO. 1989 -1 COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the costs of operation of the Municipal Landfill have increased and it is, therefore, necessary for an adjustment to be made to the fees charged for the dumping of trash at the Municipal Landfill. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the following charges, rates, and fees be set and established for dumping fees at the Municipal Land- fill: ATTEST: Packers $ 2.00 Automobiles $ 2.00 Pickup trucks, Trailers (pickup size and smaller) and vans $ 6.00 Dump trucks and trailers, 5 to 10 cubic yards $10.00 Large trucks and trailers (10 cubic yards and greater) $16.00 �n s ALICE DIEDRICHSEN, ACTING CITY CLERK (SEAL) BY per cubic yard per load per load per load per load per load BE IT FURTHER RESOLVED that such fees shall be in full force and effect and shall be charged commencing April 1, 1989. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Shotwell UPON ROLL CALL, COUNCILMEMBERS Reyzlik, Ryan, Shotwell, Vinton, Long, Kros, Kuhr and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF JANUARY, 1989. CITY OF BLAIR, NEBRASKA M. STANLEY JEN 'EN'j MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE DIEDRICHSEN, 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 10th day of January, 1989. ALICE DIEDRICHSEN, ACTING CITY CLERK COUNCILMEMBER (SEAL) Kuhr VERNA R. BULL, CITY - CLERK RESOLUTION NO. 1989- INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the organizational chart and certain amended job descriptions attached hereto, marked Exhibits "A" and "B" respec- tively, and by this reference made a part hereto have been pre- pared for the most efficient and economical operation of the municipality; and, WHEREAS, the Mayor and City Council approve of said organi- zational chart and amended job descriptions. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the organizational chart and job de- scriptions attached hereto, marked Exhibits "A" and "B ", are ap- proved and hereby adopted by the City of Blair. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, COUNCILMEMBERS Kuhr, Reyzlik, Jenny, Long, Kros, Shotwell and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 31st DAY OF JANUARY, 1989. CITY OF BLAIR, NEBRASKA BY ' ' tiwk M. STANLEY JENS AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a special meeting of the Mayor and City Council of said City held on the 31st day of January, 1989. 1,1 is� VERNA R. BULL, CITY CLERK !SECRETARY it I$EaaETARYXI. Arrow NT LIBRARIAN T �(2) i L IBRARY ASSISTANT .1 1 LIBRARY * DE I JAN 14IALP -TIME) IPART TIRE t GFFt + INVESTI.GAICR CITY OF GLAIR ORGANIZATIONAL #CART POLICE SERSEANT112) I PART -TUNE 1 :1 POLICE OFFICER 1(6 PM/FEL OPERATOR' WATER PLANT 1 ISJ ET SUPERVISORI SUPERVISOR WATER PUNT 1(4) OPERATOR 1 1 WA OPERATOR O R VYO ('fj WPMENTOFERAIERX1 1E ENTOF6?ATORIII ROW:VENTOPERATOR 11 WASTEWATER 1 YWRTER /SEVER SUPERVISOR DISTRIBUTION SUPERVISOR NOTE: NUMBER SHOWN IN (. 1 DENOTES NUMBER OF EMPLOYEES • AUTHORIZED UNDER JOB CLASSIFICATION. DESCRIPTION OF WORK EXAMPLES OF WORK REQUIRED QUALIFICATIONS POLICE CAPTAIN Under direction of the Chief of Police, assists in planning, directing, and supervising law enforcement and crime prevention activities and policies in the City. Supervises the assignment and activities of law enforcement personnel; keeps an open -line of communication between subordinate for a continuous flow of information to subordinate personnel; acts in the absence of the Police Chief when designated; inspects departmental personnel and equipment and sees that all deficiencies are corrected; transmits policies of the division to subordinate personnel and suggestions of subordinates to the Chief of Police; carries out departmental policies and procedures; assists with training of personnel; reports and investigates all accidents in- volving City property; prepares reports and makes recommendation for items or equipment on the annual budget; performs related duties as assigned. Knowledge of municipal police administrations; knowledge of the technical and operating principles; knowledge of the laws governing custody of persons, search and seizure, and the rules of evidence; ability to assign, and coordinate the work of varied activities within the police department; the ability to command the respect of a number of police officers and to assign, direct and evaluate their work; ability to maintain favorable working relations with police officials of other jurisdictions, and the general public. EXPERIENCE AND TRAINING Must have five years of full time law enforcement experience. Must have served a minimum of three years of service in the grade of Sergeant or equivalent. Must have successfully completed Basic and Supervision certification from the Nebraska Law Enforcement Training Center or equivalent. Must successfully complete all elements of Civil Service testing and application procedures. SPECIAL REQUIREMENTS Possession of a valid Driver's License. JANUARY 31, 1989 DESCRIPTION OF WORK EXAMPLES OF WORK REQUIRED QUALIFICATIONS EXPERIENCE AND TRAINING SPECIAL REQUIREMENTS POLICE SERGEANT Under direction of the Police Chief, assists in planning, directing, supervising and participating in the criminal invest- igation, communication and record keeping activities of the depart- ment; supervises directly the Police Officers in the shift. Supervises the Police Officers; briefs and hands out assign- ments at the beginning of each shift; ensures conformance of all rules and regulations; reviews reports of the Police Officers upon completion; ensures proper upkeep and maintenance of equipment; transmits the policies of the department to subordinate personnel and suggestions of subordinates to Police Chief; supervises and participates in investigation activities; supervising the receiving, searching and booking of prisoners; assists the Police Chief in the evaluation of law enforcement problems and development programs; acts in the absence of the Police Chief when designated; performs related duties as assigned. Knowledge of criminal law, investigation, crime and prevention methods; a thorough knowledge of the rules of evidence and the laws governing the custody of persons; ability to deploy personnel effectively, direct them in their work, and advise on technical police problems of investigation and arrest; knowledge of police records; ability to analyze law enforcement problems and adopt effective programs for action; ability to plan and coordinate the work of subordinates; ability to prepare accurate and comprehensive reports. High school graduate or GED. Must have satisfactorily completed Basic Certification from the Nebraska Law Enforcement Training Center or equivalent. Must have a minimum of three years of experience. Must successfully complete all elements of Civil Service testing and application procedures. Possession of a valid Driver's License. DESCRIPTION OF WORK EXAMPLES OF WORK EXPERIENCE AND TRAINING SPECIAL REQUIREMENTS JANUARY 31, 1989 ANIMAL CONTROL OFFICER Under direction of the Police Captain; performs a variety of duties in the enforcement of City animal control ordinances. Works within the guidelines of state statutes. Enforces state statutes pertaining to animal control. Performs maintenance work and directs the operations of the City's animal control facility. Patrols the streets and picks up stray animals; prepares complaint information pertaining to violations of the animal ordinance; answers all calls regarding barking dogs, cruelty to animals, etc.; issues citations; transports stray animals to the pound; takes care of impoundment; deposition and euthanasias; main- tains pound records; advertises information concerning impounded animals; contacts owners and adopters; removes dead animals from street; performs related duties as assigned. High school education and two years of progressively responsible' experience in Animal Control Operations desirable. Possession of valid Driver's License. COUNCILMEMBER and RESOLUTION NO. 1989- 3:_. Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair are desirous of providing the most efficient and uninterrupted serv- ice possible to its citizens by employees employed by the City; WHEREAS, certain employees employed by the City are supervi- sory employees as that term is defined by Nebraska Revised Stat- ute Sec. 48- 801(9) (Reissue 1988); and, WHEREAS, such supervisory employees should not be placed in a position of divided loyalty between their management duties and membership in any labor organization; and, WHEREAS, the presence of any such divided loyalties for supervisory employees of the City would be counterproductive to the goal of providing the most efficient and uninterrupted service to the citizens of the City of Blair, Nebraska, by City employees. NOW, THEREFORE, BE IT RESOLVED THAT all supervisory employees of the City are prohibited from joining or belonging to any labor organization which either has rank and file employees of the City of Blair, Nebraska, as members or which seeks to represent or actually does represent employees of the City of Blair, Nebraska, as their collective bargaining agent. COUNCILMEMBER 1,014, MOVED THAT THE RESOLUTIOIV—BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER t__Shorwell UPON ROLL CALL, COUNCILMEMBERS nt, fir VOTING "AYE", AND COUNCILMEMBERS Nimp VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS it DAY OF JANUARY, 1989. ATTEST: (SEAL) VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY 122 M. STANLEY JEN YOR 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 31st day of January, 1989. //Li VERNA R. BULL, CITY CLERK COUNCILMEMBER Ryan RESOLUTION NO. 1989- 4 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council recognize that the increased cost of operation of the Blair Apartments necessitates an increase in the rental charged for the units located therein. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the rent to be charged for a one bedroom apartment is hereby set and established in the amount of $90.00 per month and for a two bedroom apartment in the sum of $110.00 per month. BE IT FURTHER RESOLVED THAT said rental shall become effective with the rent to be paid for the month of April 1989, which is due and payable on or before April 1, 1989. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, •WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Ryan, Reyzlik, Long, Jenny, Kros and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF FEBRUARY, 1988. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of February, 1989. 4( VERNA R. BULL, CITY CLERK COUNCILMEMBER ATTEST: Kros- RESOLUTION NO. 1989- 5 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application fora Class D Spirits, Wine, and Beer Off 'Sale Only Liquor License for Hide- away, Inc., d /b/a Hideaway Liquor. 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 Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kros. Lone. Rvan. Reyzlik. Jenny and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS nth DAY FEBRUARY, 1989. CITY OF BLAIR, NEBRASKA VERNA R. BULL, CITY CLERK (SEAL) c. INTRODUCED THE FOLLOWING RESOLUTION: B i M. STANLEY JENSE, gi1YOR 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 28 th day of February, 1989. VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989 - 6 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an adjustment of the rates and charges to be charged to the customers of the Municipal Water Works and Sani- tary Sewer System is necessary and required as a result of the expenses, operating costs and expenses of maintaining said system and providing water and sewer facilities to the residents of the municipality and; WHEREAS, the rates and charges as set forth on Exhibit "A" attached hereto and by this reference made a part hereof as though fully set forth herein, are reasonable rates for the services provided by the municipality and that it is for the benifit of the municipality in general that such rates and charges be enacted. NOW, THEREFORE, BE IT RESOLVED that rates and charges for the Municipal Water Works System and Sanitary Sewer System be estab- lished and set as set forth on Exhibit "A" and same shall become effective with the billing which shall be sent to the customers of such systems on or about June period commencing on or about April 1, 1989. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan UPON ROLL CALL, COUNCILMEMBERS Rvan, Revzlik, Shotwell, Long, Jenny, Kros and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28thDAY OF FEBRUARY ", 1989. CITY OF BLAIR, NEBRASKA 1,1989, for the BY / this M. STANLEY JENSE YOR Zt} ATTEST: L/JA7&-: /1.17/PV 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 the regular meeting of the Mayor and City Council of said City held on the 28th day of February, 1989. VERNA R. BULL, CITY CLERK Suer & Winter Usage Customer Charge, Per Month Commodity Charge, Per HCF 5/8" (Residential) 5/8" (Commercial & 1" .. 1 1/4" or 1 1/2" 2" 2 1/2" 30 411 5 1t 6 " 7 8 " EXHIBIT •A WATER RATES RESIDENTIAL Suter - June Through September Customer Charge, Per Month--Per Meter Size First 15,000 CF /Month, Per HCF 1.0150 Balance, Per HCF 0.4851 MINIMUM BILL: Per Meter Size alieRCIAL Suter - June Through September Customer Charge, Per Month, -Per Meter Size First 65,000 CF /Month, Per HCF 1.0150 Balance, Per HCF 0.4851 MINIMUM BILL: Per Meter Size Industrial) INDUSTRIAL Per Meter Size 0.4410 Industrial Rate is Applicable only to Customers with water 100,000 CF /Month. MINIMUM .BILL. BY METER SIZE Page 1 Winter - October Through Nay Customer Charge,Per Month -Per Meter Size First 15',000.CF /Month, Per HCF .0.9227 Balance, Per HCF 0.4410 MINIMUM BILL: Per Meter Size Winter October Through May Customer Charge,Per Month-Per Meter Size First 65,000 CF /Month, Per HCF 0.9227. Balance, per HCF 0.4410 MINIMUM BILL: Per Meter Size $ 4.20 6.30 10.50 24.15 43.05 67.20 96.60 172.20 268.80 387.45 527.10 688.60 usage at or greater than EXHIBIT RAN SEWER RATES RESIDENTIAL AND COMMERCIAL The sewer use fee is based on water usage of the current month for the commercial customers and of the average monthly usage of the previous December, January and February for residential customers. It is computed at 48.15% of the average winter quarter water bill. The minimum sewer use fee for single residences is $1.93 per month. The sewer use fee for multiple dwellings is the number of units times $1.93, 48.15% of the average winter quarter water bill, or 48.15% of the water charge based on the meter size, whichever is greater. The minimum sewer use fee for commercial customers is $2.89 per month. The minimum sewer use fee for customers of the municipal sanitary sewer system who do not receive service from the municipal water system is set and established at $4.28 per month. INDUSTRIAL The rates for industrial customers of the municipal sanitary sewer system shall be $ .214 per one hundred cubic feet and in addition thereto the rates shall also include a charge of $ .25 per pound of B.O.D. in excess of one hundred twenty -five (125) P.P.M. In addition to such rates and charges there shall also be a charge of $ .25 per pound of suspended solids in excess of one hundred fifty (150) P.P.M. The minimum monthly rate and fee for an industrial customer of the municipal sanitary sewer system shall be $250.00 per month. The sewer charge for such industrial customers shall be based on actual monitored usage with flow being determined by water consumption or measurement of waste water by a continuous recording device. Page 2 Residential Water - Summer Customer Charge, Per Month 4.00 First 15,000 CF /Month, Per HCF 0.9667 Balance, Per HCF 0.4620 Minimum Bill 4.00 Residential Water - Winter Customer Charge, Per Month 4.00 First 15,000 CF /Month, Per HCF 0.8788 Balance, Per HCF 0.4200 Minimum Bill 4.00 Commercial Water - Summer Customer Charge, Per Month 6.00 First 65,000 CF/Month, per HCF 0.9667 Balance, Per HCF 0.4620 Minimum Bill 6.00 Commercial Water - Winter Customer Charge, Per Month 6.00 First 65,000 CF /Month, Per HCF 0.8788 Balance, Per HCF 0.4200 Minimum Bill 6.00 Industrial Water - Summer & Winter Customer Charge, Per Month Per Meter Size Commodity Charge, Per HCF 0.4200 Minimum Bill by Meter Size 5/8" (Residential) 5/8" (Commercial & Industrial) 1" 1 1/4" or 1 1/2" 2" 2 1/2" 311 4" 511 6" 7" WATER & SEWER RATE COMPARISON Existing 4.00 6.00 10.00 23.00 41.00 64.00 92.00 164.00 256.00 369.00 502.00 656.00 8" Residential Sewer Average Monthly Water Usage Previous Dec., Jan. & Febr. 45% Minimum Bill 1.80 Commercial Sewer Monthly Percentage of Water Bill 45% Minimum Bill 2.70 Sewer Customers Not Connected To Water System Monthly Charge 4.00 Industrial Sewer Month, Per HCF .20 Proposed Per Meter Size 1.0150 0.4851 Per Meter Size Per Meter Size 0.9227 0.4410 Per Meter Size Per Meter Size 1.0150 0.4851 Per Meter Size Per Meter Size 0.9227 0.4410 Per Meter Size Per Meter Size 0.4410 4.20 6.30 10.50 24.15 43.05 67.20 96.60 172.20 268.80 387.45 527.10 688.60 48.15% 1.93 48.15% 2.89 4.28 .214 COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 7 BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1989 One and Six Year Plan for the construction and maint- 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 certified copy of said plan be filed ATTEST: J VERNA R. BULL:, - CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY A, M. STANLEY JENSEN MI\t R 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 February, 198,: VERNA R. BULL, CITY CLERK with the State Highway Department of the State of Nebraska. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jennv . UPON ROLL CALL, COUNCILMEMBERS Jenny, Ryan. Kros, Revzlik, Long, Shotwell and Vinton 4 VOTING "AYE" AND COUNCILMEMBERS Non VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY OF FEBRUARY, 1989. Mayor and City Council Blair, Nebraska February 28, 1989 The following is the 1989 One and Six Year plan for the City of Blair, Nebraska, which is submitted for your final review and adoption. YEAR PROJECT NO. DESCRIPTION 1989 M -157 (N -85a) Twenty -first Street - Nebraska Street to Wright Street. (Asphalt Overlay) 1989 M -157 (N -85b) Eighteenth Street - .Nebraska Street to State Street. (Asphalt Overlay) 1989 M -157 (N -85c) Twenty -third Street - South Street to Elm Drive. (Asphalt Overlay) 1989 M -157 (N -85d) Davis Avenue — Twentieth Street to Twenty -first Street. (Asphalt Overlay) 1989 M -I57 (N -85e) 16th Avenue — Wilbur Street South to end of concrete. (Asphalt Overlay) 1989 M -157 .(N -85f) Eighteenth Street - Butler Street North to end of concrete. (Asphalt Overlay) 1989 M -157 (N -85g) Butler Street - Courtview Drive to High- way 30. (Asphalt Overlay) 1989 M -157 (N -85h) Lincoln Street - Ninth Street to Tenth Street. (Asphalt Overlay) 1989 M -157 (N -851) Fairview Drive - Tenth Street to Tenth Avenue. (Asphalt Overlay) 1989 M -157 (N -85j) Seventeenth Street - South Street to Grant Street. (Asphalt Overlay) 1989 M -157 (N -85k) Alley in Blocks 44, 45 and 46, Original Townsite of Blair. (Asphalt Overlay) 1989 M -157 (N -851) Highway 30 East - Seventh Street to 13th Street. (Asphalt Overlay) 1989 M -157 (N -43) Miscellaneous Street Repair. 1989 M -157 (N -18) Lay -away for Matching Funds. 1989 M -157 (N -48) Iowa Street Extension to Old Highway No. 30. 1989 One and Six Year Plan (Continued) YEAR 1990 1990 1990 1990 1991 -1994 M -157 (33) 1991 -1994 M -157 (35) 1991 -1994 M -157 (46) 1991 -1994 M -157 (52) WDW /pf PROJECT NO. M -157 (0 -86) M -157 (0 -43) M -157 (0 -18) M -157 (0 -87) DESCRIPTION Miscellaneous Asphalt Overlay Projects. Miscellaneous Street Repair. Layaway for Matching Funds. Jackson Street - End of Existing concrete East to Second Street (Armor Coat for Base) Collector Belt No. 1 (Highway 75 to First Street) Collector Belt No. 2 (Highway 75 to Highway 30 -133) Extension of Thirteenth Street North to State Street. Road from Highway No. 91 to Black Elk Park. Respectf lly Submitted, Warren D. Whitaker, City Street Superintendent City of Blair, Nebraska COUNCILMAN JENNY INTRODUCED THE FOLLOWING: RESOLTUION NO. 1989 -8 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class B Beer Off -Sale Only -- Inside Corporate Limits Liquor License for BPA, Inc., a Nebraska corporation, d /b /a Cubby's; and, WHEREAS, the Mayor and City Council have accepted comments and testimony under oath from the following individuals: Gwen McKinnis, Rev. Owen Wilmot, Katie Flynn, Steven Shanahan, Mary Sully, Lou Brown, Kay Boehr, Norma Truhlsen, Donna Lee Petersen, Ed Jipp, Arthur Ray, Gerald Kobs, Police Chief Tony Hale, City Administrator Douglas Bullock and Clarence Brunnert and comments and questions were made by the Councilmen. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommends denial of the issuance of such license by the Nebraska Liquor Control Commission, the Mayor and City Council of the City of Blair finding specifically: (1) that the issuance of the license is not and will not be required by the present or future public convenience and necessity; (2) the growth of the City over the past years has not been significant and no significant future growth is projected; (3) the neighborhood of the proposed location is and includes three churches within 2i blocks, a school within 3 blocks, an Encor residential group home adjacent to the premises and essentially all of the remaining properties West of a line drawn North and South from the proposed premises are residential in use and character; (4) that there are existing liquor licenses providing Off -Sale beer sale and their distance from the proposed location as follows: Olie's Tavern, Class C 2i blocks; Blue Ribbon, Class A & B 2i blocks; Blair Liquor Park, Class D 4 (5) (7) blocks; George's Tavern, Class C 4 blocks; Hideaway, Inc., Class D 6 blocks; Dale's House of Bottles, Class D 8 blocks; Harold's Discount Liquor, Class D 11 blocks; Talk of the Town, Class C 12 blocks; The Limit, Class C 10 blocks; the proposed location is at the . intersection of U.S. Highway 30, U.S. Highway 75 and State Highway 91, an extremely busy intersection with a high traffic count and a substantial accident rate; and that increased traffic will increase the problems at the intersection; (6) the existing business attracts a large number of minor children as a result of products and services it provides and issuance of a liquor license in conjunction with the existing business is not consistent with the public interest; the majority of the public input to the application indicates there is no need, desire or necessity for the issuance of the license; (8) there has been a substantial increase in the number of minor's in possession of alcoholic beverages in Blair in the last year and there is no need for an increase in liquor outlets. 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. COUNCILMAN JENNY MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMAN REYZLIK. UPON ROLL CALL, COUNCILMAN JENNY, REYZLIK, KROS, SHOTWELL AND LONG VOTING AYE AND COUNCILMEN RYAN AND VINTON VOTING NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14TH DAY OF MARCH, 1989, ATTEST: VERNA R. BULL, CITY CLERK (SEAL) L ./ /.4'Gn) flp STATE OF NEBRASKA WASHINGTON COUNTY )SS CITY OF BLAIR, NEBRASKA BY M. STANLEY J MAYOR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of March, 1989. VERNA R. BULL, CITY CLERK COUNCILMEMBER Reyzlik WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Kevin Blair, 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Easement. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Revzlik. Ryan. Shotwell. Vinton and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF MARCH, 1989. ATTEST: (SEAL) VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989 - 9 INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY " °/ I ' �;��' M. STANLEY 44 01, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 28th day of March, 1989. VERNA R. BULL, CITY CLERK EASEMENT This Agreement made this 8 day of Plape.l 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Kevin Blair, hereinaf- ter referred to as "Grantee ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: From the intersection of the Northerly R.O.W. of Jackson Street and the Westerly R.O.W. of Twenty - Second Street, and assuming the Westerly R.O.W. of Twenty - second Street to bear due North and South; thence North along said Westerly R.O.W. a distance of 125.0 feet to the point of beginning; thence East a distance of 3.50 feet; thence North a distance of 30.00 feet; thence West a distance of 3.50 feet to said Westerly R.O.W.; thence South along said Westerly R.O.W. a distance of 30.0 feet to the point of beginning, for the sole purpose of the construction, maintenance, and place- ment of a fence which has been constructed according to the drawing attached hereto, marked Exhibit "A ", and by this refer- ence made a part hereof. No modifications of such design, either at the time of construction or subsequent thereto, shall be made without specif- ic authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove such fence at its own expense. It is specifically understood and agreed that the Grantor shall not liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such fence on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee 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 to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said fence and the Grantee 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 Grantee and the rights under this easement shall not run with the land but shall terminate upon the conveyance of the property adjacent to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY V� /' - xV,./11 M. STANLEY JEN STATE OF NEBRASKA )ss WASHINGTON COUNTY ) KEVIN BLAIR Before me, the undersigned, a Notary Public in and for said county and state, personally came M. Stanley Jensen, Mayor of the City of Blair, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this A/4 day of 41 NOTARY PUBLIC STATE OF NEBRASKA ) )55 WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came Kevin Blair to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this 4 7 q day of p,', , 1989. k? NOTARY PUBLIC GENERAL NCTARY•state of rrebrasta VERNA My Co Exp. 5, 1989 luly , 1989. GENERAL NARY- stateafifetuaika VERNA R. PULL Roy Comm. E:-p. u!y 5,1P89 s .22494 Av.e.rot „4' 3-' EXHIBIT "A" COUNCILMEMBER Rvan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 10 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C Spirits, Wine, Beer, On and Off Sale Only Liquor License for Duane E. Brunton and Luella R. Brunton d /b /a The Limit. 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. Reyzlfk MOVED THAT THE RESOLUTION BE ADOPTED AS READ WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Y a UPON ROLL CALL, COUNCILMEMBERS Ryan, Rey71ik. Shotve11_ Vinton_ Kuhr and .TPnny VOTING "AYE" AND COUNCILMEMBERSS Nnna VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2Rtb DAY MARCH, 1989. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JE EI MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly ap- pointed, 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 March, 1989. C1�Pliire / „i_k VERNA R. BULL, CITY CLERK COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 11 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 BJT, Inc. d /b /a Harold's Discount Liquor. 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 An MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Vinton UPON ROLL CALL, COUNCILMEMBERS Rav71ik. Ryan. Vinton, JAnny Kuhr and ShotweJj, VOTING "AYE" AND COUNCILMEMBERS 2TnnP VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY MARCH, 1989. ATTEST: r (SEAL) VERNA R. BULL, CITY CLERK CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN 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 March, 1989. VERNA R. BULL, CITY CLERK COUNCILMEMBER Vinton INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 12 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C • Restricted Spirits, Wine, Beer On Sale Only Liquor License for VFW Washington County Post 1251. 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 certif.•ed copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Shotwell UPON ROLL CALL, COUNCILMEMBERS Vinton, Reyzlik, Shotwell. Jenny. Kuhr and Rvan VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY OF MARCH, 1989. ATTEST: (SEAL) L /24/..4.) .419 VERNA R. BULL, CITY CLERK CITY OF BLAI , NEBRASKA BY M. STANLEY JENS, MYOR 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 March, 1989. VERNA R. BULL, CITY CLERK COUNCILMEMBER Jenny WHEREAS, the Mayor and City Council have been presented with 5-73 ^ /5l0 an Agreement between the City of Blair and Weston S. Hartwell d /b /a Appliance Removal Service, 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Agreement. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik UPON ROLL CALL, COUNCILMEMBERS Jenny, Kuhr, Reyzlik, Shotwell, Ryan and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF MARCH, 1989. ATTEST: (SEAL) ( 294,7 : VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989- 13 INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY A, kit �r M. STANLEY JEN AYOR a ! „ 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 March, 1989. / 1 VERNA R. BULL, CITY CLERK AGREEMENT This Agreement entered into this 94 fl tt day of ma rcL 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Blair ", and Weston S. Hartwell d /b /a Appliance Removal Service, hereinafter referred to as "Hartwell ". WITNESSETH: WHEREAS, Blair operates a municipal landfill and in the course of said operation receives appliances which are detrimen- tal to the operation of the landfill and shortens the life there- of; and, WHEREAS, Hartwell is desirous of removing appliances from Blair's landfill under certain specific terms and conditions as set forth herein. NOW, THEREFORE, for one dollar and other valuable considera- tion, mutual covenants and benefits contained herein, it is hereby agreed by and between the parties as follows: 1. Hartwell shall be permitted to obtain appliances from Blair's landfill, and shall sell and dispose of same. 2. Blair shall place the appliances which Hartwell is authorized to remove at one location. Hartwell shall be , author- ized to remove same only with notice to Blair and with the con- sent of the landfill operator on duty at the time of said remov- al. Hartwell may remove said appliances only during such hours as the landfill is open to the public and in operation. 3. This agreement may be canceled by either party hereto by giving notice in writing to the other party, and said termination • may be immediate. 4. It is specifically agreed by and between the parties that Hartwell is an independent contractor. Hartwell is respon- sible for performing only the duties and obligations as set forth herein and Hartwell shall be free to dispose of his time, other than as required in the performance of the duties hereunder, in any manner as he may see fit and to the persons, firms, or corpo- rations as he deems advisable. Hartwell shall not be considered as having an employee status or as being entitled to participate in any of the plans, arrangements, or other benefits which may be available to Blair's regular employees. 5. Hartwell does further hereby agree to indemnify and save harmless Blair from any and all claims, losses, damages, ex- penses, causes of ,action, or any other liability, of any nature and kind and without exception, including but not limited to attorney fees, court costs, and expenses of litigation, which said claims, losses, damages, expenses, causes of action, or other liability arises from any suits, causes of action, claims or other liability of any kind whatsoever brought or made by Hartwell or any other party or entity as a result of this agree- ment. representatives, successors and assigns of all parties hereto. ATTES . CITY OF B AIR, A NEBRASKA /14/7/.4.• 6' BY I° J VERNA BULL, CITY CLERK M. STANLEY J (SEAL) 6. This agreement shall be binding upon the heirs, personal WESTON APPLIANCE R COUNCILMEMBER Jenny WHEREAS, the Mayor and City Council have been presented with an Agreement between the City of Blair and Earl Kahlandt, 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Agreement. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan UPON ROLL CALL, COUNCILMEMBERS Jenny. Revzlik. Rvan. Vinton. Kuhr and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF MARCH, 1989. ATTEST: 9 W � VERNA R. BULL, CITY CLERK (SEAL) RESOLUTION NO. 1989- 14 INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY 4 k:44,1/ M. STANLEY JENS OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 28th day of March, 1989. VERNA R. BULL, CITY CLERK AGREEMENT This Agreement entered into this .,18'f1, day of 4yei,, 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Blair ", and Earl Kah- landt, hereinafter referred to as "Kahlandt ". WITNESSETH: WHEREAS, Blair operates a municipal landfill and in the course of said operation receives scrap iron which is detrimental to the operation of the landfill and shortens the life thereof; and, WHEREAS, Kahlandt is desirous of removing scrap iron from Blair's landfill under certain specific terms and conditions as set forth herein. NOW, THEREFORE, for one dollar and other valuable considera- tion, mutual covenants and benefits contained herein, it is hereby agreed by and between the parties as follows: 1. Kahlandt shall be permitted to obtain scrap iron from Blair's landfill, and shall sell and dispose of same. Kahlandt shall pay to Blair fifty percent (50%) of all the gross proceeds received from the sale of such scrap iron. Kahlandt shall pro- vide to Blair copies of all receipts, weigh tickets, and other evidence of the scrap iron removed and the proceeds obtained therefore. Such information shall be provided to Blair within ten (10) clays after each removal of scrap iron. 2. Blair shall place the scrap iron which Kahlandt is authorized to remove at one location. Kahlandt shall be author- ized to remove same only with notice to Blair and with the con- sent of the landfill operator on duty at the time of said remov- al. Kahlandt may remove such scrap iron only during such hours as the landfill is open to the public and in operation. 3. This agreement may be canceled by either party hereto by giving notice in writing to the other party, and said termination may be immediate. 4. It is specifically agreed by and between the parties that Kahlandt is an independent contractor. Kahlandt is respon- sible for performing only the duties and obligations as set forth herein and Kahlandt shall be free to dispose of his time, other than as required in the performance of the duties hereunder, in any manner as he may see fit and to the persons, firms, or corpo- rations as he deems advisable. Kahlandt shall not be considered as having an employee status or as being entitled to participate in any of the plans, arrangements, or other benefits which may be available to Blair's regular employees. 5. Kahlandt does further hereby agree to indemnify and save harmless Blair from any and all claims, losses, damages, ex- penses, causes of action, or any other liability, of any nature and kind and without exception, including but not limited to attorney fees, court costs, and expenses of litigation, which said claims, losses, damages, expenses, causes of action, or other liability arises from any suits, causes of action, claims or other liability of any kind whatsoever brought or made by Kahlandt or anyone else as a result of this agreement. 6. This agreement shall be binding upon the heirs, personal representatives, successors and assigns of all parties hereto. ATTEST: C 77 L (A44 1, 7 /-4( VERNA R. BULIT, XITY CLERK (SEAL) CITY OF BLAIR, A NEBRASKA M. STANLEY JEN EARL KAHLAN AYOR COUNCILMEMBER RPT7lik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 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 24, 1989, 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 Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL., COUNCILMEMBERS Reyzlik, Jenny, Ryan, Long, Vinton, Kros and Shotwell , VOTING "AYE" AND COUNCILMEMBERS None , VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 9th DAY OF MAY, 1989. ATTEST: (SEAL) (141,1_-i. .' VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY 1,1( 61A.../ M. TANLEY JE MAYOR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day May, 1989. VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989-16 COUNCILMEMBER Rvan INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Blair Police Retirement Plan and Trust be amended as set forth herein effective May 31, 1989. BE IT FURTHER RESOLVED that as of the first day of the first plan year of the retirement plan(s) beginning after Decem- ber 31, 1988, the following amendment shall override and control all terms and conditions of any retirement plan of the employer: "In addition to the other applicable limitations which may be set forth in the plan and notwithstanding any other contrary provision of the plan, compensation taken into account under the plan shall not exceed $200,000 adjusted for changes in the cost of living as provided in Section 415(d) of the Internal Revenue Code, for the purpose of calculating a plan participant's accrued benefit (including the right to any optional benefit provided under the plan) for any plan year - commencing after December 31, 1988. However, the accrued benefit determined in accordance with this provision shall not be less than the accrued benefit determined on May 3:, 1989, without regard to this provision. Notwithstanding the preceding sentence, the accrued benefit of any plan participant who is a highly compen- sated employee, within the meaning of Section 414(q) of the Code, is reduced to the extent a benefit has accrued with respect to compensation in excess of $200,000 during the 1989 plan year before the later of the adop- tion or effective date of this provision." BE IT FURTHER RESOLVED that as of the first day of the first plan year of the retirement plan(s) beginning after Decem- ber 31, 1988, the following amendment shall override and control all terms and conditions of any retirement plans of the employer: "Notwithstanding any other contrary provision of the plan, in calculating the accrued benefit (including the right to any optional benefit provided under the plan) of any participant, such participant shall accrue no additional benefit under the plan on or after May 31, 1989, to the extent that such additional benefit accrual exceeds the benefit which would otherwise accrue in accordance with the terms of the plan as subsequently amended to comply with those qualification requirements described in Income Tax Regulations Section 1.901(b)- (1)(b)(2)(ii) (TRA '86). This provision shall be effective until the last day of the first plan year commencing in 1989 and shall be effective for such period if and only if the subsequent TRA '86 amendment is made on or before the last day of the first plan year commencing in 1989. In addition the benefit accrued by any participant during the 1989 plan year shall in no event exceed the benefit accrual provided during the 1989 plan year with respect to such participant under the terms of the plan as subsequently amended to comply with TRA '86. Howev- er, such participant's accrued benefit shall not be less than what the participant had accrued as of the last day of the last plan year beginning before January 1, 1989. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan UPON ROLL CALL; COUNCILMEMBERS Rvan. Lona, Kros, Kuhr, Shotwell and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF MAY, 1989.' ATTEST: ALICE DIEDRICHSEN, ACTING CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BL IR, NEBRASKA BY M. STANLEY JE MAYOR ALICE DIEDRICHSEN, Dereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 23RD day of May, 1989. 1-Ge-76 444- ALICE DIEDRICHSEN, ACTING CITY CLERK COUNCILMEMBER Long INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 198917 WHEREAS, it has been determined that an additional fee rate should be created and established in addition to the fees presently in existence for the dumping of trash at the Municipal Landfill. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the following fee, charge, and rate be created and established as follows: One -half Pickup load $ 3.00 BE IT FURTHER RESOLVED THAT such fee shall be in full force and effect following the passage and adoption of this Resolution. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Inng UPON .ROLL CALL, COUNCILMEMBERS long, Ryan Krnc Ki+hr Shotwcll and Vinton VOTING "AYE" AND COUNCILMEMBERS NnnA VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF MAY, 1989. ATTEST: x o l i i o-e ,I D i ei,r ic hs. e n._ Acting City Clerk (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEl ITYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 23RD day of May, 1989. ALICE I. DIEDRICHSEN ACTING CITY CLERK COUNCILMEMBER Kros RESOLUTION NO. 1989- WHEREAS, Section 5 -218 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or prohibiting traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a stop sign be placed on the Northeast corner of the intersection of Oak Drive at its intersection with 16th Street for the purpose of stopping traffic proceeding West on Oak Drive at such intersection in the City of Blair and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL, COUNCILMEMBERS Kros, Kuhr, Ryan, Long, Shotwell and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF MAY, 1989. CITY OF BLAIR, NEBRASKA ATTEST: AI�1' E 1. DIEDRICHSEN ACTING CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: BY A. ai4d&A M. STANLEY JENS1, r YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council held on the 23RD day of May, 1989. A b-i j 1,/A/1--- ALICE I. DIEDRICHSEN ACTING CITY CLERK COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Campbell -Arran Funeral Home, Inc., 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Easement. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Reyzlik, Long, Kuhr, Kros, Shotwell, Vinton and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF JULY, 1989. ATTEST :• -"Atm JA° VERNA R. BULL, CITY CLERK (SEAL) RESOLUTION NO. 1989- 19 CITY OF BLAIR, NEBRASKA BY . _,/ M. STANLEY JE MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 11th day of July, 1989. VERNA R. BULL, CITY CLERK EXHIBIT "A" EASEMENT This Agreement made this // day ofI,,e. Iy , 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Campbell -Arran Funeral Home, Inc., hereinafter referred to as "Grantee ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: From the Southwest corner of Block 76, Original Townsite of Blair, and assuming the West line of Block 76 to bear due North and South. Thence North along the West line of Block 76 a distance of 186.5 feet to the point of beginning. Thence West a distance of 16.5 feet; thence North a distance of 10.5 feet; thence East a distance of 16.5 feet to the West line of Block 76, Thence South a distance of 10.5 feet to the point of beginning. for the sole purpose of the construction, maintenance, and place- ment of a canopy which has been constructed according to the drawing attached hereto, marked Exhibit "A ", and by this refer- ence made a part hereof. No modifications of such design, either at the time of construction or subsequent thereto, shall be made without specif- ic authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove such canopy at his own expense. It is specifically under- stood and agreed that the Grantor shall not liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such canopy on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee 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 fur- ther specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said canopy and the Grantee 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 Grantee and the rights under this easement shall not run with the land but shall terminate upon the conveyance of the - property adjacent to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA CAMPBELL -AMAN FUNERAL HOME, A MUNICIPAL CORPORATION INC. BY M. STANLEY JENS$N, AYOR FRED AMAN, PRESIDENT STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came M. Stanley Jensen, Mayor of the City of Blair, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 11/144^• l r / BY - �.(%0 WITNESS my hand and seal this 47 day o NOTARY PUBLIC WITNESS my hand and seal this .-4'i day of 1989. Before me, the undersigned, a Notary Public in and for said county and state, personally came Fred Aman, President of Camp- bell-Aman Funeral Home, Inc. to me known to be the identical person who signed the above and foregoing Easement and acknowl- edged the execution thereof to be his voluntary act and deed. NOTARY PUBLIC GENERAL NOTARY -saes of NMruts VERNA R. BULL My Comm. Exp. July 5, 1993 1989. GENERAL NOTARU-saeea My C VEN Exp. R. BU „ r RESOLUTION NO. 1989- 9n COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT .they :`hereby express their support for the redesignation of Lincoln Street from 13th Street to 19th Department. of Roads from a . local . street a : collector _.street on the .- functiona], Classification survey: 'with respe# t. t o said stree BE IT FURTHER :RESOL, e . MMtayOr and City Cl=erk are hereby • autharited and di rec Street within the municipality by the Nebraska behalf' of the City and that- a. 'copy the Department = of. - , Roa i COUNCILMEMBER Kuhr `' ;: ` .: MOVED:' THAT THE RESOLUTION. - . BE • ADOPTED` AS READ,.. WHICH SAID MOTION WAS ECONtED BY COUNCILMEMBER Vinton. UPON'_.' ROLL .CALL,: COUNCILMEMBERS Reyzlik, • Kuhr, Vinton. Shc g? 1,,_K VOTING "AYE", AND COUNCILMEMBERS' None •' VOTING "NAY",. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS .11th DAY OF JULY, 1989.- ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA M. STANLEY JEN AYOR • STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL,. - hereby certifies that she is the duly appointed, qualified, and acting City Clerk. of the City of $lal, Nebraska, and that the above -and -- foregoing Resolution was _ passed at a regular meeting ,.o tie M or .;and City Council 0 _held on the filth ' da COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 21 WHEREAS, Tele Max Cable, Incorporated holds a non - exclusive Cable Television Franchise pursuant to Ordinance Nos. 1245 and 1255, as well as an interest in an Easement from the City of Blair granted..to the Blair: Telephone on April 14, 1981 . and escribed real estate to -wit T ► t; "dot , Twenty -Three fa ns p E ( 8 ). Nor t 6th p. M.,, Was hington over and across-the f.ollaivin Tam. r t._ S.ixtP-seven .( in ` Sect i on Pourteen. _'( Rand )eleven . 434.)-, County/ Nebraska; WHEREAS, Tele Max" Cab Blair notice of its intention 'to transfer its interest . in the Franchise and Easement to Cable USA, Inc. on or about March 1990; and, WHEREAS, Tele Max Cable, Incorporated, and Cable USA, Inc. intend to obtain a loan from Society National Bank (the "Bank ") in order to pay off existing indebtedness owed to Summit National Bank (successor to Firstmark Credit Corporation) and to assist Cable USA, Inc. in its purchase of 50% of the stock of Tele Max Cable, Incorporated; and, WHEREAS, the Bank will require that repayment of the loan to Cable USA, Inc. and Tele Max Cable, Incorporated be secured by various security interests, liens and encumbrances, on the tangi- ble and intangible property of Cable USA, Inc. and Tele Max Cable, Incorporated, including pledges of the stock of Cable USA, Inc. and Tele Max Cable, incorporated and a security interest in the cable television systems in the City of Blair and the fran- 5 , chises and authorizations from the City of Blair to operate such systems, with such loan to be refinanced from time to time and additional amounts may be borrowed for use in operation of the cable systems with such borrowing to be secured by.such. security interests, liens and encumbrances. NOW, THEREFORE, BE IT RESOLVED. by the Mayor and City Council of the 'City of. Blair, Nebraska, that:. 1.:. Subject to the. taxms " and` conditions :of. the Cable T.V. Franchise granted pursuant to Ordinance Nos. 1245 and 1255 :'.which is . now held by . Tele Max Cable., - Incorporated, and will be assigned to Cable USA, Inc., the granting. of . a security ' - interest, lien, encumbrance or pledge of stock . required by the = Bank in the Fran- chise and interest in the Easement to operate such systems to secure the loan from the Bank to Cable USA, Inc. and Tele Max Cable, Incorporated is hereby consented to and approved. 2. In the event'of repossession, foreclosure or other action by the Bank or subsequent holder having a security inter- est, lien, encumbrance or pledge of stock securing the loan from the Bank to Cable USA, Inc. and Tele Max Cable, Incorporated, the possession, operation and ownership of the cable television franchise and interest in the Easement granted to Cable USA, Inc. and Tele Max Cable, Incorporated, to operate such cable televi- sion systems and all rights and privileges thereunder, by the Bank or subsequent holder, or receiver, nominee or representative on behalf of the Bank or subsequent holder as secured party, mortgagee in possession, grantee for security or otherwise, is hereby consented to and approved during the period of such repos- session, foreclosure, or other .action by said bank or. subsequent holder. Provided, the possession, operation and ownership, and the sale or transfer to a qualified purchaser, assignee or gran- tee, shall be subject to the terms and conditions of the Fran- chise granted to Cable USA, Inc. and Tele Max Cable, Incorporated by the City of Blair, and any and all ordinances and resolutions to the City of Blair regulating cable television systems. Incorporated, effect. ATTEST: L.,' 4 VERNA R. BULL, CITY CLERK (SEAL) 3. The ordinances and resolutions grantin4 the and authorizations to Tele Max Cable, Incorporation legally adopted, duly and validly granted and as hereof, are in full force and effect. 4. This Resolution shall ;become effective upon the closing of any loan by the Bank to Viable USA, I.nc..and' :Tele Max but otherwise shall be void and of no COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, COUNCILMEMBERS Kros, Ryan, Jenny, Shotwell, Kuhr and Reyzlik VOTING "AYE ", AND COUNCILMEMBER.S None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF JULY, 1989. CITY OF BL IR, NEBRASKA BY - p 11,F4/ M. STANLEY JENS AYOR Cable, force or azi/e„L__ 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 said City held on the 25 da of July, Y, 1989: .. ,9` L_CITy CLERK y RESOLUTION NO. 1989- 22 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Rules and Regulations of the Blair Police Department, Paragraph 9, Chapter 5 regarding firearms should be amended to include additional approved duty weapons and said section should be amended to read as follows: Chapter 5: 9. FIREARMS: Officers of the Blair Police Department will be certified in the safe and proper use of the firearm which he carries both on and off duty. Any such firearm shall be approved specifically by the Chief of Police. The officers are required to be certi- fied in their proficiency a minimum of once every six months. All officers will qualify every six months with a mini- mum score of 70 percent on the day range and 60 percent on the night range. All officers will be certified annually, insuring proper legal training in the use of deadly force and the mechanics of a firearm. The firearms instructor and his assistants will insure that all ranges are supervised directly by them and operated in a safe manner. The range itself will be prescribed by the senior firearms instructor and ap- proved by the Chief of Police. Approved on duty firearms are .38 and 357 cal. with a four inch barrel. Smith & Wesson, Dan Wesson and Ruger are the approved brands. Also approved on duty firearms are 9mm Smith and Wesson, #5906, #5904, #6904, #6906, 9mm Sig -Sauer #P226, 9mm Ruger #P85, and 9mm Glock #17. Whenever a weapon is discharged on duty, or in the line of duty, the person discharging the weapon shall within eight hours forward a full written report to the Chief of Police. In the event an officer is involved in a shooting resulting in injury, the officer may be relieved from his duties pending the outcome of the required investigation. Any accidental discharge of a weapon while off duty will be reported within eight hours in writing to the officer's immediate supervisor. The supervisor will then forward that information imme- diately to the Chief of Police. WHEREAS, the Mayor and City Council approve of said amend- ment to the Blair Police Department's Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the amendment to Chapter 5, Paragraph 9 of the Blair Police Department's Rules and Regulations as set forth above is hereby approved and hereby adopted by the City of Blair. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Rvpij , Kros.. Kuhr. Jenny. Reyzl,j,k and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 75th DAY OF JULY, 1989. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) )ss CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS ,MAYOR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a special meeting of the Mayor and City Council of said City held on the 25th day of July, 1989. VERNA R. BULL, CITY CLERK BLAIR POLICE DEPARTMENT June 28, 1989 TONY A. HALE CHIEF OF POLICE 1ETH & COLFAX. LAIR: NE 8800S-2097 14021 426-4747 To: Mayor and City Council Members Fm: Chief Tony Hale Re: Ammendment to Blair Police Department's Rule and Regulations, Chapter 5, Paragraph #9 At the present time, our Rules and Regulations authorize 38 and 357 caliber pistol with a four inch barrel. Smith and Wesson, Colt, Dan Wesson and Ruger as apprOved duty weapons. I would request that the following weapons be added to our Rules and Regulations as approved duty weapons for the Department: 9mm Smith and Wesson, #5906, #5904, #6904, #69.06 9mm Sig-Sauer #P226 9mm Ruger #P85 9mm Glock #17 The Department has a certified Firearms Instructor that can certify our Officers on any of the above mentioned weapons. Respectfully, .0 To1 Hale Chief TAH/11 - THESE IS NO LISENTY••-WHICH IS NOT LIBERTY UNDER LAw. D. issomowin COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO...1989- 23 WHEREAS, a notice of.public hearing. together with a summary of the proposed budget statement of. the City of Blair for the fiscal year beginning August 1, 1989, and ending July 31, 1990, was published in' The Enterprise, the official: newspaper of the City of..Blair, on July (:1' :X989, and, WHEREAS, said . budget statement was prepared on Budget Form AP provided by the State of: >Nebraska and City . of_.> Blair budget forms and coneists of sixtj -:one (61) pages. including the notice referred to hereinabov± : and -ha filed with the City Clerk on July 13, 1989. General Fund $ 657,071.00 $ 624,799.00 Debt Service $ 189,715.00 -0- Street $1,030,448.00 -0- Landfill $ 75,400.00 -0- Blair Apts. $ 184,987.00 - Water $1,071,576.00 - 0- CDBG (CD) $ -0- -0- Insurance $ 240,340.00 -0 -. 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, 1989, and ending July 31, 1990. 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, 1989, and ending July 31, 1990, for which appropriation is to be made, shall be as follows: FUND ALL SOURCES EST. ADVALOREM EST. a Sewer $ 314,823.00 -0- Water Bond $1,041,626.00 -0- Sewer Bond $ 34,100.00 -0- Capital Outlay Res. $ 110,760.00 -0- CDBG (ED) $ 143,885.00 -0- AND BE IT FURTHER RESOLVED that the City Clerk is di- rected to enter this Resolution at large upon the minutes, and cause the same to be published in The Enterprise, a general newspaper of general circulation in said City, and that copies of the official budget shall be placed . on file in the office of the City Clerk for examination and use of the public. COUNCILMEMBER KROS .::r : MOVED THAT THE . RESOLUTION .. BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN UPON ROIL. CALL, COUNCILMEMBERS RYAN, KROS, KUHR ,.VINTON,:SHOTWELL,- REYKLIK AND JENNY VOTING "AYE" AND COUNCILMEMBERS ' NONE VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF JULY, 1989. ATTES (SEAL) VERNA R. BULL - CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 26TH day of July, 1989. CITY OF BLAIR, NEBRASKA « � /'' BY 01, � 1.4d4 .� s AYOR M. STANLEY JEN 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 /i? 4: VERNA R. BULL, CITY CLERK COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989- 24 WHEREAS, on the 8 th day of August , 1989, Blair Engineering & Surveying Co., Inc., Special Engineers for Street Improvement District No. 146 in the City of Blair, Nebraska, filed with this body its acceptance of the work of improvement in said district, and; WHEREAS, Blair Engineering & Surveying Co., Inc., Special Engineers for Street Improvement District No. 146 have prepared a schedule of assessments for the work of improvement in said District, which said schedule has been filed with the City Clerk, and; WHEREAS, it is necessary to have a meeting of the Mayor and City Council as a Board of Equalization for the purpose of con- sidering the assessments in said District. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the engineer's acceptance referred to hereinabove and the work of improvements in said district are hereby approved. BE IT FURTHER RESOLVED that said Mayor and City Council of the City of Blair, Nebraska, shall meet as a Board of Equaliza- tion on August 22nd , 1989, between the hours of 7 :30 o'clock P.M. and 8:30 o'clock P.M. of said day for the purpose of consid- ering the benefits derived and damages sustained to real property included within the boundaries of said Street Improvement Dis- trict No. 146 of said City by reason of the improvement of the streets in said Street Improvement District by paving the same, by taking into account the benefits derived or iniuries sustained by reason of said improvement, to consider the plat and schedule of assessments against said real estate in said District as prepared by the Special Engineer of said City and now on file with the City Clerk of said City, also to levy and assess against various lots, parcels, and pieces of real estate in said District according to benefits, the cost and expense of construction of said Street Improvement, and to any and all other things and acts necessary in connection therewith. BE IT FURTHER RESOLVED that notice of the time and place of said hearing and of the purpose thereof be given to the owners or real property in said District and to all other persons interest- ed therein by publication in The Enterprise, a legal weekly newspaper printed and published in the City of Blair, Nebraska, and of general circulation in said City, at least ten days prior to said hearing as by law provided, and that the City Clerk of said City be and he hereby is authorized and directed to cause such notice to be published. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Jenny, Revzlik. Kuhr. Kros. Long. Shotwell, Ryan and Vinton VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF AUGUST, 1989. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY A�t� M. STANLEY JENSEN 'OR STATE OF NEBRASKA ) )ss. WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 8th day of August, 1989. //AAK4./Ht VERNA R. BULL, CITY CLERK COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION 1989 -25 ASSESSMENT RESOLUTION FOR STREET IMPROVEMENT DISTRICT NO. 146 City of Blair, Nebraska A RESOLUTION FIXING THE AMOUNT CHARGED AGAINST LOTS, PARTS OF LOTS AND PARCELS OF LAND SUBJECT TO SPECIAL ASSESSMENTS IN STREET IMPROVEMENT DISTRICT NO. 146 IN THE CITY OF BLAIR, NEBRASKA, TO PAY THE COST OF THE IMPROVEMENTS IN SAID STREET IMPROVEMENT DISTRICT, AND LEVYING THE SPECIAL ASSESSMENTS ON EACH OF SAID LOTS, PARTS OF LOTS AND PARCELS OF LAND DIRECTLY ABUTTING UPON THE STREET CONSTRUCTION IN SAID STREET IMPROVEMENT DISTRICT, TAKING INTO ACCOUNT THE BENEFITS DERIVED OR INJURIES SUSTAINED IN CONSEQUENCE OF SAID IMPROVEMENTS, SAID ASSESSMENTS BEING LEVIED FOR THE PURPOSE OF PAYING THE COST OF SAID IMPROVEMENTS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Said Mayor and Council of said City, now sitting as a Board of Equalization, at a meeting held pursuant to a Resolution heretofore passed by said Council, and notice to property owners in said STREET IMPROVEMENT DISTRICT NO. 146 of the time and place of said meeting and of the purpose thereof, having been duly given as required by law by publication in The Enterprise, a legal weekly newspaper published in the City of Blair and of general circulation therein, proof of which publica- tion is now on file with the City Clerk of said City, said meet- ing being held for the purpose of fixing the amount to be charged against each of the lots, parts of lots and parcels of land in said Street Improvement District, subject to special assessments, for the purpose of paying the cost of the construction of a street in said Street Improvement District, taking into account the benefits derived or injuries sustained by reason of said improvements, and said Mayor and Council in said meeting having considered the various purposes of said meeting, and being fully advised in the premises, the amount of the special benefits in said District derived by each of said lots and parts of lots and parcels of land therein by reason of the construction of the street in said District, is hereby fixed to be the amounts set opposite the description of each of said lots and parcels of land in the schedule hereinafter set forth under the column headed "AMOUNTS OF BENEFITS ". SECTION 2. BE IT FURTHER RESOLVED, after due consideration thereof, that said Mayor and Council in this meeting assembled, do hereby find that none of the lots, parts of lots and parcels of land included in said STREET IMPROVEMENT DISTRICT NO. 146, have been damaged in any sum by reason of the construction of said street, and that all of said lots, parts of lots and parcels of land directly abutting upon said street construction have been especially benefited thereby. SECTION 3. BE IT FURTHER RESOLVED, that the amounts hereinafter fixed and charged against each of said lots, parts of lots and parcels of land directly abutting upon the street con- struction in said Street Improvement District are in proportion to the special benefits derived by each of said lots, parts of lots and parcels of land by reason of the construction of a street in said Street Improvement District, taking into account injuries sustained by reason of said street construction, and said amounts are hereby fixed as the various sums set opposite the description of said lots, parts of lots and parcels of land in the schedule hereinafter set forth under the column headed "AMOUNT OF ASSESSMENTS ". 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 upon said street construction therein and especially 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 "AMOUNT OF ASSESSMENTS ", said schedule herein referred to being as follows: Name of Ovner Willard L. 6ustin and Myrtle Mae 6ustin Willard L. 6ustin and Myrtle Mae 6ustin Steuart A. Stith Hazel I. Saith Warren D. Whitaker Ellen Whitaker Steuart A. S.ith Hazel I. Smith Warren D. Whitaker Ellen Whitaker Nichael A. Jacobson and Deborah L. Jacobson Michael A. Jacobson and Deborah L. Jacobson Description Mount of Asount of Special Special Benefit Assesseents Lot 4, Westridge Addition 3635.66 to the City of Blair Washington County, Nebraska Lot 3, Westridge Addition to the City of Blair Washington County, Nebraska Lot 2, Westridge Addition to the City of Blair Washington County, Nebraska Lot 1, Westridge Addition to the City of Blair Washington County, Nebraska Lot 1, Stone Creek Estates, an addition to the City of Blair, Wash. Co., Nebraska Lot 2, Stone Creek Estates, an addition to the City of Blair, Wash. Co., Nebraska 3339.72 3339.72 3339.72 1114316 84.09 11227.25 7711.01 84.09 7795.1 Name of Owner Description Amount of Amount of Special Special Benefit Assessments Michael A. Jacobson and Lot 3, Stone Creek Estates 6472.06 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 6556.15 Michael A. Jacobson and Lot 4, Stone Creek Estates 6416.88 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 6500.97 Michael A. Jacobson and Lot 5, Stone Creek Estates 6416.88 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 6500.97 Michael A. Jacobson and Lot 6, Stone Creek Estates 6416.88 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 6500.97 Michael A. Jacobson and Lot 7, Stone Creek Estates 3990.65 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 4074.74 Michael A. Jacobson Lot 8, Stone Creek Estates 8628.36 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 8712.45 Michael A. Jacobson Lot 9, Stone Creek Estates 7996.06 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 8080.15 Michael A. Jacobson and Lot 10, Stone Creek Estates 11869,31 Deborah L. Jacobson an addition to the City of 84.09 Blair, Wash. Co., Nebraska 11953.4 Michael A. Jacobson Deborah L. Jacobson City of Blair, Nebraska Lot 11, Stone Creek Estates 18914.63 an addition to the City of 84.09 Blair, Wash. Co., Nebraska 18998.72 Tax Lot 122 in the NW1 /4 NE1 /4 of Sec. 10, Tvp. 18 N, Rng. 11 East of the 6th P.N., Wash. Co., Nebraska 22719.35 City of Blair, Nebraska Intersection and Cul -de -sac vings 4799.98 SECTION 5. BE IT FURTHER RESOLVED, that the above schedule of assessments to pay for the cost of the improvements in said Street Improvement District is hereby adopted by this Council after full consideration, appraisement and apportionment, and this Council further finds that the property so assessed is specially benefited by said street construction in the various amounts assessed against each parcel of land, and further finds that the amount assessed against each of said parcels of land is not in excess of the amount of special benefits derived by said various parcels of land from said street construction, and fur- ther finds that the total amount of said assessment is not in excess of the total expense and cost of said street construction. SECTION 6. BE IT FURTHER RESOLVED, that one -fifth of the total amount hereinbefore assessed and levied against each lot and parcel of land described, shall become delinquent in fifty days after the date of this levy, said date of levy being August 22 , 1989, one -tenth shall become delinquent in one year thereafter; one -tenth shall become delinquent in two years there- after; one -tenth shall become delinquent in three years thereaf- ter; one -tenth shall become delinquent in four years thereafter; one -tenth shall become delinquent in five years thereafter; one - tenth shall become delinquent in six years thereafter; one -tenth shall become delinquent in seven years thereafter; one -tenth shall become delinquent in eight years thereafter; one -tenth shall become delinquent in nine years thereafter. Each of said installments except the first shall draw interest at the rate of 8 percent per annum payable annually from said above fixed date of levy until the same shall become delinquent, and after the same shall become delinquent, interest at the rate as speci- fied in Section 45- 104.01 R.R.S. and as may be adjusted from time to time by the legislature of the State of Nebraska shall be paid thereon providing, however, all installments may be paid at one time on any lot or parcel of land within fifty days from said date of levy without interest, whereby such lot or parcels of land shall be exempted from any further lien or charge therefor. SECTION 7. BE IT FURTHER RESOLVED, that all proceeds from the payment of the assessments hereinabove levied, together with the interest thereon, shall constitute a sinking fund to be used solely and exclusively for the payment of the cost of the street construction in said Street Improvement District, or for the payment of bonds and interest thereon which may be issued to pay for said street construction. SECTION 8. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to certify to the City Treasurer for collection, a list of said special assessments during the period of fifty days from said date of levy, and upon the expiration of said fifty -day period, said City Clerk is further authorized and directed to certify said list of said assessments showing the amounts paid thereon, and the amounts unpaid thereon, to the County Clerk of Washington County, Nebraska, for entry upon the tax lists of said County as by the Statutes in such cases provided. SECTION 9. 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 Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, COUNCILMEMBERS Kros, Reyzlik, Jenny, Vinton, Shotwell and Long VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF AUGUST, 1989. ATTEST: _. n / x VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN AYOR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of August, 1989. /L, VERNA R. BULL, CITY CLERK COUNCILMEMBER Kros RESOLUTION NO. 1989— 27 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS,the use of the Municipal Airport has continued to increase and the airport is important for the continued busi- ness and industrial expansion of the area; and, WHEREAS, a considerable length of time has transpired since the last comprehensive study of airport needs and interven- ing events may have changed the results of said study; and, WHEREAS, a large amount of interest has been expressed regarding a new airport study to determine the feasibility of the development of a new airport or alternatives for improved air traffic facilities in or around the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair hereby expresses its intent and desires to request funding through the Nebraska State Department of Aeronautics for a feder- al airport study. BE IT FURTHER RESOLVED by the Mayor the City Council that a sum not to exceed Three Thousand Dollars ($3,000.00) is available for local funds for the funding of the municipality's share of such study. COUNCILMEMBER Rvan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, COUNCILMEMBERS Krns. Rvan, Jenny, Kuhr, long and RPy7lik VOTING "AYE ", AND COUNCILMEMBERS INnje VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1989. CITY OF B BY IR, NEBR A a A YOR M. STANLEY JEN ~J ` N ATTEST: 40. /z444 VERNA R. BULL, C ITY 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 19th day of September, 1989. ad Mn. Hervey Grub State AJ r pon t Fng.ineen General Aviation 8w Lding Lincoln M un cipa e Ai/wont P. O. Box 82088 LLnco.2n, Nebna4ka. 68501 -2088 RE: A,irpont Study Dear Hervey: On behati o f the City o f Lain, I am requesting Fedena2 and State funding to conduct an avepont 4tudy to detehmi..ne the £ea6ib.c,('.ity of developing a new airport on a?.tenna.t ves 0/Limp/toyed adn Omit-Lau in on around the City o f Bla ifc. We cunrent2y have 10 planes based in Blair, and estimate that 5 to 10 move planes would ba.6e here .urm edc,atety .improved iac ct tie, went_ made ava.i.2a.b!e. In addition to these pea.nneb, we 4t imate that there are 10 to 12 add.i donut p.2anea that ewvee.ntty uae the Blain a.vepont on a negu2an bas.i6.. We a160 s e/ev.iee an average of 12 to 15 tnans.ient planes a month ion ne�ue2i ng 4top4. Fne.2o4 ed .i,a a copy o i the Rea olu Lion adopted by the Council ion your £,i,2e6. 16 there .vs any addi ti,ona2 .inionmation needed, plea4e £eel knee to contact Rodney A. Storm, City Admin.iititaton at the above number. S.incere.2y, City of Blair Mayor M. Stanley Jensen 218 South 16th Blair, Nebraska 68008 402- 426 -4191 September 12, 1989 RESOLUTION NO. 1989 -2R COUNCILMEMBER Krnc INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Dennis E. Pestal, 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Easement. COUNCILMEMBER Inng MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RPy71ik . UPON ROLL CALL, COUNCILMEMBERS Krnc, long, Rey7lik, .fenny, Kuhr and Ryan VOTING "AYE ", AND COUNCILMEMBERS funny VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1989. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS,ho/NOR 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 12th day of September, 1989. -414441 VERNA R. BULL, CITY CLERK e EASEMENT This Agreement made this 12th day of September, 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Dennis E. Pestal, hereinafter referred to as "Grantee ". In consideration as set forth herein and other mutual covenants contained herein the Grantor does hereby grant to the Grantee an easement over and across a portion of the Grantor's right of way, more particularly described as follows: From the Northeast corner of Block 45, Original Townsite of Blair, and assuming the East line of said Block 45 to bear due North and South; thence South a distance of 48.5 feet to the point of beginning; thence continuing South a distance of 10.0 feet; thence East a distance of 4.0 feet; thence North a distance of 10.0 feet; thence West a distance of 4.0 feet to the point of beginning. This easement is granted for the purpose of the construction, placement, and maintenance of air conditioning units which shall be constructed according to the drawing attached hereto, marked Exhibit "A" and by this reference made a part hereof. No modifications of such design, either at the time of construction or subsequent thereto, shall be made without specif- ic authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove such air conditioning units. It is specifically under- stood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee 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 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 fur- ther specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said air conditioning units and the Grantee 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 Grantee and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adiacent to such right of way which is owned by the Grantee. This easement shall be binding upon the heirs, assigns, successors, and personal representatives of all parties hereto. CITY OF BLAIR, NEBRASKA A MUNICIP CORPORA ON BY M. STANLEY JE �J E k: AYOR 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 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Dennis E. Pestal NOTARY PUBLIC of September, 1989. Li n s WiERA : V Comm. Exp.luly 5,1993 Before me, the undersigned, a Notary Public in and for said county and states, personally came Dennis E. Pestal, to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his voluntary act and deed. WITNESS my hand and seal this day of September, 1989. / 1( NOTARY PUBLIC GENERAL NOTARY My Comm. E pp � 1993 6049' • ... * . .\....."-g . ., T.L. 521 .:z- = 1 i Cil , . sice,7. 0./8 Ar. ' •; . - 1 ° -0 .eci.e.o.s.g. -pa. s• te : -: TL. 520 0-187At C.) , • - 30 • so . • * % . ' j - t. 1.... 13 Pa •, kw le Ill. 0. 7 0. ... • tr.; ei • 0 • . v 6' i '' 5 I 4 ' 5 12 2 e -74 I ) - I 1 . 63.0* 1 te I . . - • so.o* - /20.0' 3' . 54' 6 12 1 1 i,,1 1 9 14 .--7.... - 1 i .......---- ..,,,....,_ 151 2 21 ft 2 il _. I I ti 1 • 1 i - 1 1 -1_2_ 1 .-- : 1 / . 4.0 . - , . • .. - • 39 -.• . . • ... , 4 24.11-10.1 . -.1-i. I - 1 - .- i - i. t - .0 f . 1■• • kJ 0 1 . 1-....1 • 1 C)1 1 L • • 4., ik „ ti . ..1.,..1 ! I 1 1 1 • ••.1 - .....-1 i: •• to ..... i1 11 ,,.0i- I - - 1 - 1 - 1 . . 1 - . 1 . • 1 - 1 - - - e • - tete, .4. . 1 VW' 1. r4°-'-'j- I I w. 124.0 VI I 1. 4 . E - 1 -1 ¶ 1 1 4 1 .-1 11 • 1 : :1 ' - .-1-1 1 1 ..f. 1 • 1 • • 1- 1 '' v.. .,.. -1";.1.-1* 1 - 1 - . 1 ... I • * ' . .-. :*, : - 44 , • : - 1 201241. 1111 • I I I 24.0 FRONT WA5H/N6TON 65.51' .pe 60' I I $ 80' 1 - a al if t ti 21 II 1 1 •1 1 1 z-J 1 1 MCA I 1 1 . • • ,. • - .. 3.8 ... :6 ' • 1 1 1 . • I I I 1241, • I. 1 * I . 13 1 - 9 1 ;51 • '1 = - 1 - 1- .1 . 1 . • - 1 1 1 1 see • _Id - - 0 0 I . • a a; a sl I al t 1•1 t w • 333.74 • T. L. 455 /.55 AC. 168.52. 120.0' 1:12 • z S STREET i eerte.ory cger 7 .1. I • . l0 • k ' 1 1. 1 1 te4.0 1 1 1 1 1 „.1 • • 1 1. 11 1 i 1 1 T.L.4.92 0.5/ AC STREET ; 24.0 24 . 4 . 1 • I •1 . 11 10 9 'ifr . 0 - - L2 zx KENNETH D. LATHRUM & ASSOCIATES, P.C. STRUCTURAL ENGINEER ..._. , 1901 N 81ST STREET _ 01.4 • 7 i4 3 ft :;id 'S OE 2 44 e 57114 7 rAz a E ior opE ,q c L ;3+ 3 /i3 X Zi-- END / W7 -2- 3/8 4L /4 A NC,1-taPe 4 1/ 2, , (Y4 , % 4"4/eX/ 4 et E ki7 5F-et:44 4.) c /4 '5 L 1 t.; ia I. -)C i 47 7: 7 7Y- - =.1/ iv? 2- Lida IP A it; Oe -- ;'•69 b aoG)InEivi PROJECT / - 0- Ce7.17 , ?- SHEET NO. OF 3- BY I- DATE r 4P1 sea kme 7: 4° P 1 frA / A / 41.1 - k-1,:4- L 2 ; g 2 re /44 it ^ --•_ •- • - • ; KENNETH D. LATHRUM & ASSOCIATES, P.C. STRUCTURAL ENGINEER 1901 N. 81ST STREET OMAHA, NEBRASKA 68114 r / /144 til/o7;elf-- ei2.-74 J J 5;749. JI s?f I . 1-4d7'1zi-7 .47 t r 44" L 46 .p 3 -a aire-z)z..7 5E6...7/42/./' 4/ --( /254(-4 1‘16097E \-3. pier" 0 - r W/47 -- • /4 4,444,7. 2-p 44 7 . 60 11 - 7 4,e47/114. i I LtV4e 5z s / /4 lAr7 4‘37 . 41 7 -11 PROJECT. / iv le iv- /7,0 7w../ - /5c "1 1 Lp,' 1.07" 17- sizE / /2 441:: 4 7421.1 eA '2 3 /5k2 Of / 6.10.4 SHEET NO OF 3. By,k DATE 1 Gr �'' ✓04 r. NUrES. STRUCTURAL STEEL COPY FILE 89063A 1. CONFORM TO THE REQUIREMENTS OF THE FOLLOWING CODES AND REFERENCES. AISC "CODE OF STANDARD PRACTICE FOR STEEL BUILDINGS AND BRIDGES" (EXCEPT DELETE THE FIRST TWO SENTENCES UNDER PARAGRAPH 4.2.I); AISC "SPECIFICATIONS FOR THE DESIGN. FABRICATION, AND ERECTION OF STRUCTURAL STEEL FOR BUILDINGS " INCLUDING "COMMENTARY "; AWS "STRUCTURAL WELDING CODE - STEEL "; COMPLY WITH APPLICABLE PROVISIONS EXCEPT AS OTHERWISE INDICATED. 2. ALL STRUCTURAL STEEL BOLTS SHALL BE 3/4" DIAMETER ASTM A -307 UNLESS NOTED OR SPECIFIED OTHERWISE. BOLTS SHALL HAVE WASHERS ON BOTH SIDES AND THE THREADS BURRED TO PREVENT THE NUT FROM BACKING OFF. 3. ALL WELDS SHALL BE WITH E 70 ELECTRODES AND SHALL BE SIZED TO RESIST THE MEMBER FORCES OR TO DEVELOP THE CONNECTION OR MEMBER CAPACITY. 4. ALL STRUCTURAL STEEL SHALL BE A -36 UNLESS NOTED OR SPECIFIED OTHERWISE. 5. STEEL SHALL BE THOROUGHLY CLEANED OF HILL SCALE PRIOR TO APPLICATION OF THE PRIMER IN ACCORDANCE WITH SSPC SP -6. 6. SHOP PAINT STRUCTURAL STEEL IN ACCORDANCE WITH TNEMEC PAINT, SYSTEM NO 2 -7 ALKYD GLOSS. 7. LIQUID ANCHORS- ACCEPTABLE PRODUCTS: HVA ADHESIVE.ANCHOR BY HILTI REDI CHEM ANCHOR BY PHILLIPS ANCHORS CONFORM TO MANUFACTURERS RECOMMENDATION FOR SPACING. EDGE DISTANCE AND EMBEDMENT LENGTH. II KENNETH D. LATHRUM & ASSOCIATES, P.C. PPA ;FfT f4 4 /// I- F =�A 4f- ill STRUCTURAL ENGINEER i . r 1901 N.8ISTSTREET /705 14.44:38//.•470/./ - azAIf:? /',/g OMAHA. NEBRASKA 68114 l SHEET NO _ _ OF BY / DATE RESOLUTION NO 19$9- 29 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, on May 9, 1979, the City of Blair granted to Omni - view, Inc., a non - exclusive Cable Television Franchise pursuant to Ordinance Nos. 1245 and 1255; and, WHEREAS, on December 22, 1988, the City of Blair, pursuant to Resolution No. 1987 -37 authorized the transfer of the above referenced Franchise to Tele Max Cable, Incorporated; and, WHEREAS, application has been made to the City of Blair by Tele Max Cable, Incorporated, and Cable USA, Inc. providing for the transfer of the above referenced Franchise from Tele Max Cable, Incorporated to Cable USA, Inc.; and, WHEREAS, the Mayor and City Council have been advised that all stock in Cable USA, Inc. is owned by Russell G. Hilliard who currently owns 50% of the stock of Tele Max Cable, Incorporated, and that the transfer is to be effective on or about February 5, 1990; and, WHEREAS, the transfer of said Franchise is agreeable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the transfer of the Fran- chise referenced above from Tele Max Cable, Incorporated to Cable USA, Inc. is hereby approved subject to the agreement of Cable USA, Inc., to notify the City when the transfer has taken place, to fully comply with and be bound by all of the terms and condi- tions thereof; and further subject to Cable USA, Inc. providing on a monthly basis to the Mayor and City Council a report of subscriber complaints providing the information as set forth in Section 10 -1931 of the Municipal Code. BE IT FURTHER RESOLVED in the event the transfer of the Franchise is not made on or before April 1, 1990, the approval herein shall be automatically rescinded with no further notice or action by the Mayor and City Council required. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Ryan. Kuhr. Lona. Jenny. Vinton. Revzlik. Shotwell and Kros VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF OCTOBER, 1989. VERNA R. BULL, CITY CLERK CITY OF BL IR, NEBRASKA BY M. STANLEY JE AYOR (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 24th day of October, 1989. VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989- 30 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has recently engaged in a project of updating school zone markings, crosswalk markings within said zones, and other signs with reference to school crossings; and, WHEREAS, such project has been in compliance with the Depart- ment of Roads, Traffic Engineering Division Recommendations, pursuant to the Federal Standard Manual for Traffic Control Devices. NOW, THEREFORE, BE IT RESOLVED THAT the maximum speed limit in said zones is hereby set and established to be twenty -five (25) miles per hour. BE IT FURTHER RESOLVED THAT the Municipal Street Department in conjunction with the Municipal Police Department are hereby instructed and authorized to erect as part of the signing pursu- ant to the Federal Standard Manual for traffic control devices, to erect speed limit signs reflecting said twenty -five (25) miles per hour limit within such zones. BE IT FURTHER RESOLVED THAT from the passage and adoption of this resolution, it shall be unlawful for any person to fail to comply with the speed limits as established hereunder. COUNCILMEMBER Rvan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Lona . UPON ROLL CALL, COUNCILMEMBERS Kuhr, Ryan, Long. Vinton. Shotwell. Kros. Rev7lik and 1lenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF OCTOBER, 1989. CITY OF B IR, NEBRA ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) }ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the. City of Blair, Nebraska, and that the above and.foregoing Resolution was passed at a special meeting of the Mayor and City Council of said City held on the 24th day of October,.1989. � VERNA R. BULL, CITY CLERK COUNCILMEMBER Jenny WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class D Spirits, Wine, Beer Off Sale Only Liquor License for Paul A. Haack and Sandra Haack d /b /a Blair Liquor Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Jenny, Reyzlik, Long, Kros, Kuhr, Shotwell and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY NOVEMBER, 1989. ATTEST: (SEAL) VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989- 31 INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 14TH day of November, 1989. VERNA R. BULL, CITY CLERK COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989 - 32 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C Spirits, Wine, Beer, On and Off Sale Only Liquor License for Jeff J. Rybin and Mary M. Rybin d /b /a Jeff & Mary's Steak House & Lounge. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros UPON ROLL CALL, COUNCILMEMBERS Reyzlik, Kros, Vinton, Kuhr, Long, Shotwell and Jenny VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY NOVEMBER, 1989. / VERNA R. BULL b CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN 7 N J J/IAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 14TH day of November, 1989. VERNA - R. BULL, dITY CLERK COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1989 33 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the North side of Butler Street and Butler Avenue from Eighteenth Street to U.S. Highway No. 30 and on the South side of Butler Street and Butler Avenue from Eight- eenth Street to the West line of Lot 10 in Huber Addition to the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking signs reflecting the no parking area as established hereby at necessary intervals along said no park- ing area and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik . UPON ROLL CALL, COUNCILMEMBERS Kros, Long, Reyzlik, Kuhr, Jenny and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF DECEMBER, 1989. ATTES • VERNA R. BULL, CITY CLERK CITY OF BLAIR, NEBRASKA BY d �G M. STANLEY JENS' , AYOR ti (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 12th day of December, 1989. VERNA R. BULL, CITY CLERK i 0 7 6 I n BUTLER b 122.12' 142.1$' 1541D' T. L. /40 '- 0.46 A 63.26' 132.93' 15 6.27' 1 266.19' 106.19 "O 60. 6 t/ i N..... T. L. 92 TL. 93 i .... ' ' • O b i' V39A C. 4 O. B2 AC. 4 :I , 3 a % 2' �. - O t2 mi ma. r* KENNARL S - /93.0! ® 75. 0' 73. DO .• I N I — _ I. T.L. 218 HUBEI b - - — T . _ _. f _ _ - _ �[ • b "7:7 - ( 0.6T Ac, o - F. c c '' y aoo 0 CI 1 '64:• fl ' O I N p st' 2. 5 • 1 6 7 BO N I C IF I T, L. /3T M 1 0,27.4C. 9l.0 T.L. 219 0.50'Ac. O ai.00 B o ,TITLFR eat) `�' BUTLER 4 5 - 4 80. 0' 0476 4. AVENUE 9 17.76' /0 BJ.O_ 75.01 T. L. /4/ 2.055 AC. cd, // m om 1 / 63.0' PTO' /3 50.0' 1 - 90.0 so.0' "t /2 ADO/TION CITY v i a0' .1 9G • LAF RESOLUTION NO. 1989- 34 COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and The Lockwood Group, 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 and marked Exhibit "A" be approved by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said Easement. COUNCILMEMBER ADOPTED AS READ, Long Reyzlik MOVED THAT THE RESOLUTION BE WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS J Ray ik, T.nng, Shntwp11 , Krna and Kuhr VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF DECEMBER, 1989. ATTEST: (SEAL) VERNA R. BULL, CITY CLERK CITY OF BLAIR, NEBRASKA BY r : //WI; M. STANLEY JENSE STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL,,hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of December, 1989. VERNA R. BULL; CITY CLERK EASEMENT This Agreement made this /,.2 -)L day of December, 1989, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Blair Senior Housing, L.P., hereinafter referred to as "Grantee ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: From the Southwest corner of Lot 5, Block 20, Dexter's Second Addition to the City of Blair, and assuming the South ,line of said Lot 5 to bear due East and West; thence East along said South line a distance of 42.00 feet; thence South a distance of 18.00 feet to the point of beginning; thence continuing South a distance of 19.50 feet; thence East parallel with the South line of Lot 5 a distance of 108.00 feet; thence North a distance of 19.50 feet; thence West parallel with the South line of Lot 5 a distance of 108.00 feet to the point of beginning, for the sole purpose of vehicular parking for the Rustic Oak Apartments. No modifications of such parking area shall be made without specific authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove such parking lot at its own expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of, way. Such indemnification and save harmless shall apply not only to the Grantee 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 to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said fence and the Grantee 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 Grantee 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 Grantee. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY GROUP_ M. TANLEY J THE LOCKWO 1_1,1612 S AYOR BY ITS DL Y AUTHORIZED AGbNT Kennet M. Vitor, a general partner of The Lockwood Group a general partner of Blair Senior Housing, L.P. 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 December, 1989. NOTARritailIv' � 1( Zi My Com July 59931 NOTARY PUBLIC Before me, the undersigned, a Notary Public in and for said county and states, personally came KCI■t`iETN M• WW—.. , duly authorized agent of The Lockwood Group, to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his /her voluntary act and deed. WITNESS my hand and seal this 3 day of December, 1989. LI QJ1r\Cin NDPARY PUBLIC JANET L. HENDREN NOTARY PUBLIC -STATE OF MISSOURI MY. COMMISSION EXPIRES MARCH 8, 1992 ST. LOUIS COUNTY Resolution No. 1989 -15 EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE CITY COUNCIL OF - BLAIR , NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL AIRPORT, HELD ON December 12 , 19 89 The following resolution was introduced by Councilman Jenny , read in full, seconded by Councilman Kuhr and considered: A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF AN AGENCY AGREE- MENT WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA FOR PROJECT NO. 3 -31- 0088 -01 TO BE SUBMITTED BY THE DEPARTMENT TO THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF THE MUNICIPAL AIRPORT: Be it resolved by the Mavor and Members of the City Council of R1air , Nebraska, that: 1. The City of Blair shall enter into an Agency Agree- ment with the Department of Aeronautics for Project No. 3- 31- 0088 -01 for the purpose of obtaining Federal assistance in the development of the Municipal Airport and that such agreement shall be set forth hereinbelow. 2. The Mavor of the City is hereby authorized and directed to execute said Agency Agreement on behalf of the City , and the City Clerk is hereby authorized to attest said execution. 3. The said agreement, referred to hereinabove, is inserted in full and attached herewith, and made a part hereof as Exhibit "0 ". Upon calling for a vote on the resolution, 6 voted yea, and none voted nay, and the resolution therefore was declared passed and approved on December 12, 1989 19 ATTEST: 1 4, °L-7 Lek P d city Clerk- SWEBI (?(, X Mayor -O) Verna R. Bull, CMC /AAE M. Stanley Jensen AGENCY AGREEMENT This is an agreement between the Municipality identified on Page 3 of this Agreement, and the Nebraska Department of Aeronautics, made and entered into in accordance with, and for the purpose of, complying with the laws of the State of Nebraska. For convenience, the parties are hereinafter referred to as "the Municipality" and "the Department ", respectively. I The Municipality desires to develop a municipal airport and to avail itself of federal airport aid funds available for that purpose. To that end, the Munici- pality hereby requests the Department to act as its agent, in accordance with the Nebraska Department of Aeronautics Act, and hereby designates the Department as its agent in accordance with Sections 3 -124 and 3 -239, R.R.S. 1943, and the Depart- ment hereby accedes to the request of the Municipality, accepts such designation, and agrees to act as the agent of the Municipality. II It is mutually understood and agreed between the parties that the Municipality has submitted to the Department its proposed project for the development of its municipal airport, and that such project has been and hereby is approved by the Department, in accordance with Section 3 -239, R.R.S. 1943. III The Municipality hereby warrants, undertakes, and agrees that if its Application for Federal Assistance is approved by the Federal Aviation Administration, and the Municipality accepts a Grant Agreement, it will develop and manage such municipal airport in the manner set forth in the Grant Agreement and abide by such conditions, rules, and regulations of the Federal Aviation Administration. Iv The terms and conditions of this Agency Agreement and the respective duties, undertakings, and agreements of the parties with respect to this Agency Agreement and with respect to the project of airport development, are as follows: A. The Department shall accept, receive, receipt for, and disburse all funds granted by the United States for airport aid in accordance with federal laws, rules, and regulations and in accordance with Sections 3 -101 to 3 -154 and 3 -239, R.R.S. 1943, as the agent of the Municipality. B. Upon receipt of such federal funds, the Department shall deposit them in the State Treasury, according to law, and shall cause disbursement to be made therefrom as follows: FIRST: In the event the Department advances funds to the Municipal- ity as the equivalent of the United States' share of allowable project cost as defined in the Grant Agreement, the Department shall reimburse itself for any such advancement out of such • -federal funds thereafter received. 1 7 -1 -88 SECOND: The Department shall cause the balance of such federal funds due the Municipality to be paid over promptly to the Municipality. C The Department shall maintain accurate records of all the funds received and expended by it in connection with the project, which shall be open to inspection by the authorized representatives of the Municipality and by the Federal Aviation Administration and /or its authorized representa- tives and agents, in the offices of the Department, at all reasonable times. D The power to bind the Municipality by the signing of an Application for Federal Assistance, the signing and acceptance of a Grant Agreement, the signing of contracts for construction of the project, and the signing of negotiated agreements are specifically reserved to the Municipality. Aside from the matters so reserved, the Department shall, as agent for the Muni- cipality, process, execute, and submit to the Federal Aviation Administration all papers, forms, and documents required by that agency for the approval, carrying out, and completion of the project, and shall have authority to attend conferences with the Federal Aviation Administration and /or its representatives as the sole representative of the Municipality, and to bind the Municipality by'agreements made at such conferences, within the limits of this agreement and contract, including, but not by way of limit- ation, agreements with respect to the services listed in Exhibit A, hereto attached. E. The Municipality agrees to reimburse the Department for its administrative costs of furnishing all services performed by it as agent of the Munici- pality, including, but not limited to, the services set forth in the attached Exhibit A, "Services ".. Departmental administrative costs charged to the project are considered allowable costs for Federal 'and State participation. These costs will be charged in accordance with the "Schedule of Unit Charges" shown in the attached Exhibit B, which schedule shall be subject to change upon notification in writing by the Department to the Municipality. A copy of such notification to be furnished to the Federal Aviation Administration by the Department. V As used herein, the following words, terms, and phrases shall have the meanings . herein given: A. "Municipality" means any Village, City, County, City Airport Authority, County Airport Authority, or Joint Airport Authority as recognized in the Nebraska Statutes. B. "Preapplication for Federal Assistance" means the document prepared and submitted to the Federal Aviation Administration as the formal request for an allocation of federal aid funds. C. "Application for Federal Assistance" means the document prepared as the formal application submitted to the Federal Aviation Administration for a grant of federal funds for a Municipal airport project. 2 7 -1 -88 By Date (SEAL) D. "Developing" means the construction of or improvement to the Municipality's airport as defined in the Application for Federal Assistance. E. "Project" means a plan of action for the accomplishment of definitely described improvements with respect to the Municipality's airport. F. "Grant Agreement" means the contract between the Federal Government and the Municipality in which the Federal Aviation Administration, on behalf of the.Federal Government, agrees to pay a portion of the allowable costs of the project. DEPARTMENT OF AERONAUTICS STATE OF NEBRASKA December 4, 1989 VI This document has been prepared for Project No. Blair MLjnicipftl Airport Airport Blair. Nebraska Municipality By Title 3 -31- 0088 -01 Mavor Date Jiat env L.es.. /A 19$4 ATTEST: or 7 erk-X O f XX ADMINISTRATION ° EXHIBIT A AGENCY AGREEMENT SERVICES Airport site inspections. Prepare and process Preapplications for Federal Assistance and related documents. Prepare and process Applications for Planning Grant Program projects. Review and approval of Airport Layout Plans (ALP). Assist in preparation and processing of Environmental Impact Statements. Prepare and secure execution of Applications for Federal Assistance and accompany- ing documents. Provide U.S. Labor Department wage rate determinations. Design (plan -in -hand) inspections. Review and approval of Project Plans, Special Provisions, and Proposal Forms.. Review, process, and concur in award of contracts, Change Orders, Supplemental Agreements, Force Account Agreements, and /or Negotiated Agreements. Attend Preconstruction Conference for projects. Prepare and process program changes. Process Grant Agreements and Amendments. Review and approve periodic estimates of project costs, and forward State and Federal funds to the Sponsor. Prepare applications, requests, transfers, or letters of credit for Giant Agreement payments. Periodic and final inspections, and acceptance of project construction work. Prepare and /or process other federal documents not otherwise specifically covered above. Review and process Audit and Attorney Agreements, reports and opinions. EXHIBIT B AGENCY AGREEMENT SCHEDULE OF UNIT CHARGES A. Rates relating to services by position. Time shall be computed on an hourly basis from records maintained by the Department. Charge Per Hour Chief Engineer $ 42.00 Assistant Chief Engineer 36.00 Engineer III.. 30.00 Engineer II 26.00 Engineer I 20.00 Associate Engineer - (all) 18.00 Engineering Aide - (a11) . . . . . . . . . . . 13.00 Accountant 33.00 Accounting Clerk 16.00 Drafter II 16.00 Attorney I 23.00 B. Travel Charges. Travel expenses shall include air& taxi fares, State or private automobile mileage, parking costs, tolls, etc., if normally . paid by the Department. a) Automobile $ 0.21 per road mile b) State Aircraft - mileage includes pilot time (0.10h /mi.) twin engine (4- place) 1.00 per air mile twin engine (7- place) 1.35 per .air mile Hitchhiker fee (riding with another agency) .30 per pass. air mile c) Aircraft Rental Actual Air travel by 4 -place aircraft, except when project passenger load exceeds three persons. C. Living Costs and Outside Expenses. Actual Expenses shall include meals, lodging, telephone calls, etc., if normally paid by Department. D. Supplies. Actual Costs shall be charged in accordance with invoices or billings. RESOLUTION NO. 1989 -36 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Blair Police Retirement Plan and Trust be amended as set forth herein effective December 31, 1989. BE IT FURTHER RESOLVED that as of the first day of the first plan year of the retirement plan beginning after December 31, 1988, the following amendment shall override and control all terms and conditions of any retirement plan of the employer: "In addition to the other applicable limitations which may be set forth in the plan and notwithstanding any other contrary provision of the plan, compensation taken into account under the plan shall not exceed $200,000.00, adjusted for changes in the cost of living as provided in Section 415(d) of the Internal Revenue Code, for the purpose of calculating a plan participant's accrued benefit (including the right to any optional benefit provided under the Plan) for any plan year commencing after December 31, 1988. However, the accrued benefit determined in accordance with this provision shall not be less than the accrued benefit determined on May 31, 1989 without regard to this provision. Notwithstanding the preceding sentence, the accrued benefit of any plan participant who is a highly compensated employee, within the meaning of Section 414(q) of the Code, is reduced to the extent a benefit has accrued with respect to compensation in excess of $200,000.00 during the 1989 plan year before the later of the adoption or effective date of this provision." BE IT FURTHER RESOLVED that as of the first day of the first plan year of the retirement plan(s) beginning after December 31, 1988, the following amendment shall override and control all terms and conditions of any retirement plan of the employer: "Notwithstanding any other contrary provision of the plan, in calculating the accrued benefit (including the right to any optional benefit provided under the plan) of any plan participant who is a highly - compensated employee within the meaning of Section 414(q) of the Internal Revenue Code, such highlycompensated employee shall accrue no additional benefit under the plan on or after December 31, 1989 to the extent that such additional benefit accrual exceeds the benefit which would otherwise accrue inbcordance with the terms of the plan as subsequently amended to comply with those qualification requirements described in Income Tax Regulations Section 1.401(b)(1)(b7)(2)(ii) (TRA '86). This provision shall be effective until the last day by which the plan may be amended retroactively to comply with TRA '86 for its first plan year beginning in 1989 in, order to remain qualified under the Code and shall be effective for such period if and only if the subsequent plan amendment to comply with TRA '86 is made on or before the last day by which the plan may be amended retroactively to comply with TRA '86 for its first plan year commencing in 1989 in order to remain qualified under the Code. In addition, the benefit accrued by any highly- compensated employee, within the meaning of Section 414(q) of the Code, shall in no event exceed the benefit accrual provided during the 1989 plan year with respect to such participant under the terms of the plan as subsequently amended to comply with the terms of TRA '86. However, such highlycompensated employee's benefit shall not be less than what that participant had accrued as of the last day of the last plan year beginning before January 1, 1989." COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE .ADOPTED AS READ-, -WHICH SAID MOTION SECONDED BYCOUNCILMEMBER Jenny . UPON ROLL CALL, 'COUNCILMEMBERS Kuhr. Revzlik. Jenny. Lone. Shotwell and Kros • ' VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF DECEMBER, 1989. CITY OF BL , NEBRASKA BY ,P� M. S ANLEY JENSE f, OR ATTEST: (SEAL) VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of December, 1989. �>J V VERNA R. BULL, CITY CLERK COUNCILMEMBER Long INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Washington County Bank and FirsTier Bank N.A. Blair are hereby designated as depositories for City funds. BE IT FURTHER RESOLVED THAT BY THE MAYOR AND CITY COUN- CIL THAT the City Treasurer is authorized to purchase certifi- cates of deposit from and make time deposits in the Washington County Bank and FirsTier Bank N.A. Blair pursuant to Sections 16 -712 through 16 -716, R.R.S. Nebraska Reissue 1983 inclusive. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Long, Reyzlik, Kuhr, Jenny, Shotwell and Kros VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF DECEMBER, 1989. ATTEST: (SEAL) LAM,„ „6/ VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989 37 CITY OF BLAIR, NEBRASKA BY G� M. STANLEY JENS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and_d,foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 1201 day of December, 1989. VERNA R. BULL, CITY CLERK RESOLUTION NO. 1989- 38 COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Mayor together with the City Clerk /Treasurer or City Administrator are hereby authorized to sign checks, drafts, or other withdrawal orders, issued against the funds of the City of Blair on deposit with the Washington County Bank and FirsTier Bank N.A. Blair, or for investment of excess funds. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Revzlik, Kuhr, Shotwell. Kros, Long and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF DECEMBER, 1989. (SEAL) VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY ;)) �1.eig10 M.' NLEY JENSEN 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 12th day of December, 1989. VERNA R. BULL, CITY CLERK