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1990
RESOLUTIONS 1990 1 Liquor License /Ron's Blue Ribbon 3691 2 Liquor License /Godfather's 3691 3 Participation with Federal Hwy. Ada for 3692 Construction of Lincoln Street 4 Liquor License /One day permit for Am. Legion 3692 5 Increase Cemetery rates 3693 6 No Parking on S. Side of State Street 3694 7 Stop sign place at 25th & Washington 3694 8 Easement betweenCity of Blair & NE -IA Supply 3698 9 Easement between City of Blair & Bi- State'Motor 3701 10 Stop sign on E :Ali side of Grant 3704 11 Installing of remotes 3704 12 Increase of minimum sewer fees 3704 13 To improve grant street in Blair 3706 14: Designate handicap parking on west side of 20th 3709 15 Easement with Loyal Drey for parking on Front St. 3709 16 Agreement with Leland Rogge for sale of water 3710 17 Providing for engineering and staking in. conjunction 3710 with Grant St. Project 18 Approval of liquor license for Blair Liquor Park 3710 19 One Day Liquor License for BVFD 3712 20 Amending rules and regulations of cemetery 3713 (re:_repurchase of grave spaces) 21 Approval of add' 1 firearms for BPD 3714 22 Transfer of water line from OPPD to City of Blair 3715 23 Establish a policy requiring Corp. Surety Bonds 3715 to guarantee performance by contractors of improvements under Developers Agreement 24 Strategic Planning for Economic Development 3718 25 VFW One day liquor licence 3718 26 Amend legal description on easement between City 3718 and Dennis Pestal 27 Raise perpetualCare fee 3721 28 Establish rural residential & comm. water rates 3721 29 Set tapping fees for line purchased from OPPD 3721 30 Agreement with Systems Service Co. 3721 31 Agreement with State of NE for Hwy. 75 3721 32 Handicap parking spaces at 1st Christian Church 3721 33 Make One -way alley going East from 13th to 14th 3724 34 License agreement with Runza for menu sign 3724 35 Block Grant 3724 36 Handicapped Parking at pool 3727 RESOLUTION - 1990 (CONTINUED) 37 No Parking on Adams 3730 38 Set new =rates and charges for water and sewer system 3731 39, Increase in landfill rates 3731 40 Install flashing b eacons at Hwy 75 and Butler St. 3731 41 Install flashing beacons at Hwy 75 and Park to 20th Ave 3731 42 Accept Budget 3732 43 Lease w/Washington Cty. on Law Enforcement Bldg. 3736 44 Agreement w/WA. Cty. for joint Bldg. Inspector 3736 45 Request funds for development of RC park 3743 46 Agreement with Dept. of Roads for signal at 19 & South 3743 47 Class C liquor license for Fishcreek Inn 3745 48 Limed with Don Tolbert for parking on city right of 3749 way at 449 River Road, Fishcreek Inn 49 Adjustment of Landfill Fees 3749 50 Setting of sewer rates and charges outside city limis 3749 51 Agreement with KNIC accepting sewage and wastewater 3749 52 Designate FirsTier & WA Cty as depositories for city funds 3758 53 Authorize parties to sign checks 3758 RESOLUTION NO 1990- i COUNCILMEMBER A *22. INTRODUCED THE FOLLOWING RESOLUTION: 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 Ronald Keith Jensen d /b /a Ron's Blue Ribbon Sports Club. 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 Rpv1lik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Lone UPON ROLL CALL, COUNCILMEMBERS Jenny. Kros. LnngReyzlil Ryan, Shintripll and vintnr. VOTING "AYE" AND COUNCILMEMBERS Nap.. , VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY JANUARY, 1990. ATTEST: ALICE - I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY U ,l .,`�,4a 2U4/'‘1., MAYOR M. STANLEY JEN STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 9th day of January, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Ryan. INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION 'NO. 1990 • 2 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class A Beer, On Sale Only Liquor License for Blair Pizza Corp. d /b /a Godfathers Pizza. 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 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 Revzlik . UPON ROLL CALL, COUNCILMEMBERS Jenny. Kros, Long, Reyzlik, Ryan, Shotwell and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY JANUARY, 1990. ATTEST: 1),L4 (SEAL) ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY of idJ / ? ._ t -. M. STANLEY JENS AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 41-II day of January, 1990. ,a Alice- I. = Diedrichsaa CITY CLERK RESOLUTION NO. 1990 -3 COUNCILMEMBER REYZLIK INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS certain roads and streets in the City of Blair have been designated as being eligible for federal funds by the Federal Highway Administration in compliance with federal laws pertaining thereto; and, WHEREAS, the City of Blair desires to improve a certain portion of the municipal street system in the municipality as described hereinbelow. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Nebraska Department of Roads is hereby requested to act on behalf of the City of Blair and to program for the construction of Lincoln Street from its intersection with Thirteenth Street to its inter- section with Fifteenth Street in the municipality, which such construction shall include widening and resurfacing of such street. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk are hereby authorized and directed to execute this resolution on behalf of the municipality and that the municipality hereby approves the above contemplated construction prior to first submitting said project to the Federal Highway Administration. BE IT FURTHER RESOLVED THAT sufficient funds of the municipality are now or will be available and are hereby pledged to the Nebraska Department of Roads in the amount and at the required time for the purpose of matching federal funds available for the contemplated construction as set forth herein. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER LONG. UPON ROLL CALL, COUNCILMEMBERS JENNY, KROS. LONG, REYZLIK L RYAN. SHOTWELL. AND VINTON VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9TH DAY OF JANUARY, 1990. ATTEST: PAL) ALICE i DIEDRICHSEN, CITY CLERK ( SF ) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY Aial,„ M. STANLEY JEO' E , MAYOR ALICE I. 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 9th day of January, 1990. Le .P,f‘p ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the American Legion Club has requested authori- zation for additional licensed premises for the Blair Fire Hall on January 20, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that such request for additional licensed premises is hereby approved for such location and date. The City Clerk is authorized to forward a copy of this Resolution to the Nebraska Liquor Commission signifying the municipality's approval of such request. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Vinton UPON ROLL CALL, COUNCILMEMBERS Jenny, Kros, Long, Reyzlik, Ryan, Shotwell and Vinton VOTING "AYE ", AND COUNCILMEMBERS None - VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF JANUARY, 1990. ATTEST: 01 1)--,/ � • [%,c.¢ - ���� 4.�+ (SEAL) - RESOLUTION' - NO 1990+..•• ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY ?/ ° M. STANLEY JEN$W MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 9th day of January, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION >:NO. -199O- 5 WHEREAS, an adjustment of the fees for'grave'openings is necessary to reimburse the municipality for the actual expenses connected therewith. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the following fees, charges, and rates be set and established: Grave Openings ATTEST: (SEAL) Adult $ 200.00 Infant (baby) $ 90.00 Cremation $ 80.00 BE IT FURTHER RESOLVED THAT such rates and fees shall be in full force and effect following the passage and adoption of this Resolution. COUNCILMEMBER Long MOVED THAT THE 'RESOLUTION-BE AS READ, WHICH SAID MOTION WAS -SECONDED BY COUNCILMEMBER _Reyzlik UPON ROLL CALL, COUNCILMEMBERS' Jenny, Kros, Long, Reyzlik, Ryan, Shotwell and Vinton VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR :DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY OF JANUARY, 1990. °"ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY E' /� / ►° �'� M. STANLEY JENSH, l YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 9th day of January, 1990. ALICE I. DIEDRICHSEN, CITY CLERK oedo/Z & Stewat eotctia# ‘. o .k \ r w..t..tNsp,t.,,, AN., u 'Care.. °rli".. N.*'5.11 )r— t T\-N5;,,,s-, 1 0 , 0 `.:N - w ) .,v: .r). .1 w tiA, \1 z '- ':\ ---- N.wk \ , .\ (Xs \AV Cit.iv. , 2,-ot \ ..,ev u \ 4,`. z , . RECEIVED CITY 07 E.1 e '.i`d BOX 271 HWY. 30 WEST BLAIR, NEBRASKA 68008 (402) 426 -5785 (402) 426 -2431 (402) 426 -2224 v\ra \w'v N;v, \1\k. COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990 -6 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the South side of State Street between Seventeenth Street and Eighteenth Street in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking signs reflecting the no parking area as established hereby at necessary intervals along said no parking area and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS Jenny, Kros, Long, Shotwell VOTING "AYE ", AND COUNCILMEMBERS Kuhr Ryan VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF JANUARY, 1990. ATTEST: fJ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN,SE !!MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 23rd day of January, X998. 71J ALICE I. DIE CHSEN, CITY CLERK 1 1 111111 VIII 111.II.allll 111111111 III • COUNCILMEMBER 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 north side of Twenty -Fifth Street at its intersec- tion with Washington Street for the purpose of stopping traffic proceeding south bound on Twenty -Fifth Street 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 signs. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS Jenny, Kros, Long, Shotwell, Kuhr, Ryan VOTING "AYE" AND COUNCILMEMBERS none VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF JANUARY, 1990. ATTEST: Kros RESOLUTION NO. 1990- 7 121 1f ,PJtik /�1l144.1 I.I 1 of ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY JeL_, , M. STANLEY JENSE MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 held on the 23rd day of January, 1990. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1990- 8 COUNCILMEMBER JENNY INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Nebraska -Iowa Supply Co., 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 Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Jenny. Ryan., Revzlik. Eros. Ruhr. Lone. Shotwell and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF FEBRUARY, 1990. ATTEST: 4 - ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 13th day of February, 1990. Y A r k �JC D ,i,2,6bu,e14 1 4 , t ) ALICE I. DIEDRICHSEN, CITY CLERK EASEMENT This Agreement made this �/ 0 day of KAA,a4,1 , 1990, by and between the City of Blair, Nebraska,.a Municipal Corporation, hereinafter referred to as "Grantor ", and Nebraska- Iowa Supply Co., 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: Beginning at the Southwest corner of Lot 16, Block 51, original townsite of Blair, and assuming the West line of said Lot 16 to bear due North and South; thence North along said West line a distance of 100.00 feet to the Northwest corner of said Lot 16, thence West a distance of 27.5 feet, thence South a distance of 100.00 feet; thence East a distance of 27.5 feet to the point of beginning. Beginning at the Southwest corner of Lot 16, Block 51, original townsite of Blair, and assuming the South line of said Block 51 to bear due East and West; thence East along said South line a distance of 60.00 feet; thence South a distance of 25.00 feet; thence West a distance of 60.00 feet; thence North a distance of 25.00 feet to the point of beginning. for the sole purpose of the construction, maintenance, and place- ment of a parking lot 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 parking lot 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 parking lot 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 parking lot and the Gran- tee 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 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) STATE OF NEBRASKA ) )88 WASHINGTON COUNTY ) MAYOR ITS DULY A NEBRASKA -IOWA SUPPLY CO., INC. 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 0.4(0 day of , 1990. ANIUMMTNINdlitkil plOdOplifibmabARKL19991 \.e 9,L24A:t,da_Lvt) NOTARY PUBLIC Before me, the undersigned, a Notar P in and for said county and state, personally cam duly authorized officer of Nebraska -Iowa Supply Co., I '• me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and seal this c7.14) day of -J , 1990. *am Eg,pgn,iNO NOTARY PUBLIC ED OFFICER 400.0' Z 1 -I -1- 1 -I -1 ••1 «I -1- 1 1 1 1 1 1 1 I 1 . 1 ,431 1 1 1 1 1 • 1. 1- 1 ., l» I .1.1.1.1.12 T. L. /06 /.52 AC. WASHINGTON o H H T.L. /47 Q5/ As T.L. 209 0.58 4c. mil ' 1' 1"1' 1 1 ( 40 . 1 1 1 I I i i 1 l 1 _E 2/5 1 1 i 1 l -1 11 ii 11 QD5 ?sd1..1.1. 1 A 1- I- 1.1..1.1.. L.40' i2 It Beginning at the Southwest corner of Lot 16, Block 51, original townsite of Blair, and assuming the West line of said Lot 16 to bear due North and South; thence North along said West line a distance of 100.00 feet to the Northwest corner of said Lot 16, thence West a distance of 27.5 feet, thence South a distance of 100.00 feet; thence East a distance of 27.5 feet to the point of beginning. Beginning at the Southwest corner of Lot 16, Block 51, original townsite of Blair, and assuming the South line of said Block 51 to bear due East and West; thence East along said South line a distance of 60.00 feet; thence South a distance of 25.00 feet; thence West a distance of 60.00 feet; thence North a distance of 25.00 feet to the point of beginning. RESOLUTION NO. 1990- COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Bi -State Motor Parts, 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. .:CO-UNCILMEMBER - .Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS'READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER • Kuhr UPON ROLL CALL, COUNCILMEMBERS Jenny. Rvan..Kros. Vinton. Lone. Shotwell. Kuhr and Reyzlik VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", 'THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27th DAY OF FEBRUARY, 1990. ATTEST: BY • a at:(2-0 ALICE Iz DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA M. STANLEY JENSE,t� /, A •R STATE NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 27th day of February, 1990. (2,)24,( a - 0_ , (4 1 A44-4 1 -4'...t-1-;-%-.) ALICE I. DIEDRICHSEN,, CITY CLERK EASEMENT This Agreement made this 0 day of 1990, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Bi -State Motor Parts, 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 real estate described on Exhibit "A ", attached hereto, for the sole purpose of the construction, maintenance, and placement of a parking lot which has been con- structed according to the drawing attached hereto, marked Exhibit "B ", 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 parking lot 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 parking lot 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 parking lot and the Gran- tee 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 M. STANLEY JEN STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN *Comm. Eto. Nov. 1,1993 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 L,+ day of bi �L- , 1990. GEM. IffARYltate of I mska Before me, the undersigned, a N tary Public in and for said county and state, personally came 11,, , duly authorized officer of Bi -State Motor Parts, Inca. to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his /her voluntary act and deed. -tb, WITNESS my hand and seal this ,1 day of X a 1990. � tgg3 NOTARY PUBLIC BI -STATE MOTOR PARTS, INC. NOTARY PUBLIC f BI- STATES MOTOR PARTS EASEMENT DESCRIPTION Beginning at the Southeast corner of Lot 1, Block 86, Fourth Addition to the City of Blair, and assuming the East line of said lot one to bear due North and South; thence North along said East line and the Northerly extension thereof a distance of 137.50 feet; thence East a distance of 11.50 feet to a point of curvature; thence along a 16.00 foot radius curve to the right, initial tangent of which bears due East, a distance of 25.13 feet to a point of tangency; thence South -a distance of 121.50 feet; thence West a distance of 27.50 feetrto .the - point of beginning. Beginning at the Northeast corner of Block 86, Fourth Addition to the City of Blair, and assuming the north line of Block 86 to bear due East and West; thence West along said North line a distance of 180.00 feet; thence North a distance of 37.50 feet; thence East a distance of 180.00 feet; thence South a distance of 37.50 feet to the point of beginning. EXHIBIT "A" .. THIRD 60.0' 1 1 33' 28 60.0' I t O ' 1 1 7 =I 60.0 0.01 10 r i // 11 STREET STREET /2 60.0' I 1 ./ 1 I L � 1 1 M . 3 .. 2 ' / �� W 4 r� ;� IQ 60.0' 83 a • • 1 f 1 A©D /T /jN « 60.0' 12 .o' I QU1?TH 60.0` $ 6 1 14 1 • 1 . t • 1 - 1 1 1 /O =f // 1 1 1 1 .. 1 6n o' 2 /2 t COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION.:.. ATTEST: (SEAL) RESOLUTION NO. 1990 - 10 WHEREAS, Section 5 -218 of the Municipal Code of the City. f 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 stop signs be placed on the East and West sides of Grant Street at its intersection with First Street for the purpose of stopping traffic proceeding East and West on Grant Street at its intersection with First Street in the City of Blair and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Jenny, Ryan, Kros, Vinton, Long, Shotwell, Kuhr and Reyzlik VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF MARCH, 1990. ALICE T. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY " '(7)'� M. STANLEY JENS YO-R-- STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 held on the 13th day of March, 1990. Alice J. Diedrichsen, CITY CLERK RESOLUTION NO. 1990 -. COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:.: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Municipality shall require water meters with remote reading capabilities in all locations service by the Municipal Water System. BE IT FURTHER RESOLVED THAT far locations having such remote reading capability, the City of Blair'.'shall charge the sum of One Dollar ($1.00). per month for a period o.f twenty -four (24) months for reimbursement of installation charges at each location. BE IT FURTHER RESOLVED THAT such installation for loca- tions not now having such remote reading capabilities shall commence immediately. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Re ik UPON ROLL. CALL, COUNCILMEMBERS enny Tn4,,Allga , - . - V • e • , • e 4 q . i . 1 4 : ' l ik VOTING "AYE ", AND COUN Nip VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND .ADOPTED THIS 13th DAY OF MARCH, 1990. . ATTEST: hip )4 act, dru,e..Q.Pi ALICE f.SDIEDRICHSEN, CITY CLERK (SEAL) - CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEN not now STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 lath day of March, 1990. ALICE I. DIEDRICHSEN," CITY CLERK RESOLUTION NO. 1990- 1, . COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the minimum sewer use fee is hereby set and established at the rate of Five Dollars ($5.00) per month for any and all connections to the Municipal Sanitary Sewer System, . provided, however, that any existing minimum sewer use fees in excess of $5.00 based upon meter size or any other criteria shall remain at such higher monthly minimum fee. BE IT FURTHER RESOLVED that said fee shall be in full force and effect upon passage and publication of this resolution. COUNCILMEMBER Jenny THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros UPON ROLL CALL, COUNCILMEMBERS Jenny. Ryan. Eros. Vinton. Lone. Shotwell. Kuhr and Revzlik VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF MARCH, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF B AIR, NEBRASKA BY (/� �Z M. STANLEY JE�ISN, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 13th day of March, 1990. aa_ri L- ALICE I. DIEDRICHSEN, CITY CLERK 1990 -13 WHEREAS, there has been signed by the City of Blair on the 12th day of Apri 1 , 1988 , and by the State on the 27th clay of Apri 1 19 88 , an agreement providing for the construction of a Federal Aid Urban Project RItAdxg*WW4 to improve Grant Street in Blair WHEREAS, in the above agreement, the City has pledged sufficient funds to finance its share of the cost of the construction of this project identified ae BRM- 6456(1) ,and WHEREAS, the above mentioned agreement provided that the City would pay all non - federal costs , and WHEREAS, the State and the City received bids for the construction of this project on March 8, 1990 at which time 11 bids were received for the construction of the proposed work, and WHEREAS, the following contractor has been selected as the low bidder to whom a contract should be awarded: Dolores L. Wiekhorst DBA/ W.B.E. Company, Valley, Nebraska; Culverts, Guard Rail; $132,204.04 NOW THEREFORE, in consideration of the above facts, the City Council of the City of B1 ai r , by this resolution, takes the following official action: 1. The Council hereby concurs in the selection of the above mentioned contractor to whom a contract should be awarded. 2. The Council does not desire to perform any of the work with its own forces in lieu of performing the work by the contract method. 3. The Council hereby authorizes the Mayor and the City Clerk of Blair to sign the construction contract on behalf of said City. ATTEST: DATED THIS 27th DAY OF City Clerk rice I. Diedrichsen, CITY OF BLAIR RESOLUTION CITY OF BLAIR Mayor M. Staple Council Member CMC MOVED THE ADOPTION OF SAID RESOLUTION. ROLL CALL: March 8 James Rvan YEA, A.D. 199 RESOLUTION ADOPTED, SIGNED AND BILLED AS ADOPTED 0 NAY COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- i4 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following spaces be designated as Handicapped Parking: along the West side of 20th Street from 72 feet to 112 feet North of centerline of Lin- coln Street. The Street Department of the City of Blair is hereby authorized and directed to place handicapped parking signs reflecting the restricted parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said regulation. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr . UPON ROLL CALL, COUNCILMEMBERS Kuhr, Kros, Vinton, Shotwell. Jenny. Reyzlik. and Ryan , VOTING "AYE ", AND COUNCILMEMBERS None , "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10th DAY OF APRIL, 1990. ATTEST: l 4 , 2 vt.) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY att&k- 5)14?-64 M. STANLEY JENSEI� MR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 April, 1990. a_� ALICE I. DIEDRICHSEN, CITY CLERK ✓ ay gdieopaln, V Mr. Rodney Storm City Administrator City of Blair Blair, NE 68008 Dear Mr. Storms 30Y Pre – school 141 South 20th Blair, Nebraska 68008 �— 426 -2851 THE LUTHERAN CHURCH – MISSOURI SYNOD March 21, 1990 In an effort to better accomodate disabled and /or handicapped people, Trinity Lutheran congregation would like to request that the City of Blair designate 2 Handicapped Parking spaces on South 20th in front of the church with proper signs. Besides being a church and pre – school, our facility also serves as a polling place for elections, scouting activities, etc. Having designated parking spaces for handicapped people will greatly aid these people in getting them to the closest proximity of our front door, which is wheelchair accessible and has no steps. Your prompt attention and favorable response to this request will benefit all who have special needs using our facility. bd Thank you in advance for your cooperation. Respectfully yours, -.- Marvin Wright, Chairman Board of Church Properties :1 8 b CU IC) 44 0. /O to e, / - /2 , 8 /6' 44' /6 JO' J0' /8' 4/ 4 1 3 2 I 5 s 4 ,I 3 a 2 al / o I ° I I /00 its • , 0 •.. I� » II 60.0' ® 8 ' 9 - /0 ' // _ /2 c E ?.LC-f36-N so. o' » 60.0' so o � I I 1 » » I 60 soo' 60.0 - 9o' 6f0' 60.0= 7 IV 8 8 '1 sou' WASH /NG 'o», 80.0 6 0 0 0 6 ' 5 • 4 4/ »Io 9 r /0 • » sc. 0' 60.0' .• .. _ 60_C 4 ' •. N 60.0 1 I 6U. J' T ' 8 9 r /0 s / / r o sUiZ /2 d l 1 ° 1 60.0' • 60.0' .. .• •. 1 " a 6O 0' It 60.0' ®0 0 0 6 5 4 ' 3 ° 2 6' 4� G /T /O, 9 - /0 1 •' 1 60.0' 1 so 0 • so.o (° o $ 6 : s0. o' 60.0' sn. • // 12 0 6! 6o.J ,2 t O Th n ° 7 ' 8 ' I 9 /C 1 � 1 97' so.v' 60.0' . » 1 I 111 C / a .. ` ¢O 647.0 - T 60.0' 1 •• STREET 60.0' o . o » o .0 o ° ® / 0 6 ' 5 4 3 60.0' w „ •• .'43 60.0' 0 0 ..® .0 o ° 7 s 8 ' 9 /O 5 = 4 * 3 r 60.0' 3. 60 60� 7 ® • T :. 8 9 /O r / O A1U T /O. _ RESOLUTION NO. 1990- 15 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Loyal J. Drey and Marlene M. Drey, husband and wife, 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 Jenny MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kuhr, Kros, Vinton, Shotwell, Ryan, Jenny and Reyzlik. VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF APRIL, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN' . NLAIAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 April, 1990. ag ALICE I. DIEDRICHSEN, CITY CLERK EASEMENT This Agreement made this I® day of April, 1990, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and Loyal J. Drey and Marlene M. Drey, husband and wife, hereinafter referred to as "Grantees ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantees a right of way easement on the following described real estate: Beginning at a point on the South line of Block 30, original townsite of Blair, Washington County, Nebraska, said point being 50.00 feet East of the centerline of 19th Street, and assuming the South line of said Block 30 to bear due East and West; thence East a distance of 130.00 feet; thence South a distance of 27.50 feet; thence West a distance of 130.00 feet; thence North a distance of 27.50 feet to the point of beginning. for the sole purpose of vehicular parking for Loyal's Foodmart 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 termi- nation which such notice may be given to the Grantees by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantees shall remove such parking lot at their own expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantees for any damages whatsoever upon termination of this easement. The Grantees further hereby agree 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 indemnifica- tion and save harmless shall apply not only to the Grantees but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sus- tained 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 de- fense 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 Grantees shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantees and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantees. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) - 6ERFRAL IBTARY4tale d ALICE L D�1 My Comm. Exp. Nat. 1, 1999 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY A. M. STANLEY JEN ,I' qA4AYOR Marlene M. Drey 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 this4 day of April, 1990. it i. atl NOTARY PUBLIC Before me, the undersigned, a Notary Public in and for said county and states, personally came Loyal J. Drey and Marlene M. Drey, to me known to be the identical persons who signed the above and foregoing Easement as Grantees and acknowledged the execution thereof of to be their voluntary act and deed. WITNESS my hand and seal this /t day of April, 1990. NOTARY `P BL I C 4 . 4v 6p J C Pt t b N ti 6 5 i I P) W ol0 1 t 6.7.0' ( w /30' 54' 6 ■ - -gyp• T.L. 592 0.82 Ac. 33 g 4 J61 • r �s • „ t J t 1 151 ' '1 a = 1 =I a1 '``i 1 t 1 w w 1- ,• 4 39 ?4.01 » I .. « w = u / 1E 0 /61 =x.= =� =I= :1 a t l �--� w t ' t" " I w 1240 d0 rt.. 52/ 0.18 .4c. - -ao s' BO' . a^ T.L. 520 O387At I//.47 . T. L.565 0.21 Ac T. L.564 0.12 Ae. /!6. pJ u , T. 454 0./4 AC. 65.51' 60' =1 1 % 1 1 ' «' w ✓8 «' w 6 I8 � 20' 4' 1.1- 740 fd , • , c al s :I Pt It t R.1-3_3: 1 l w i * • .. 124.0 - ► T. 40 3. ,/ z / , � /' , / o / ,// // / /' / / / / / / / i / / / / / / / / / e / / / / / /\,. / / / /� \ / '� • � , , \\\\s *\,,, ,s,\.\\,,,,‘\\\\\\\ \ \ • W \ CI to W �,/ F • dim i 1 • T of z F' w a� 0 .t.i W • ` Q y ,•Jfr i� ti. 0 , /Ili w 4 DI rt \ / a. 1 2Z :T } / U 9 I ,L r. / ��O fd , 4 X\\\\\\\\\\C\\\\\\\\\\\\\\\\. 4 I 1 � .?J93/Y � fl) + ":'3. 1 1 0 2 to Ino 0 0. o ° 0 Q Agenda Item #16 / > Q ` o 2 3 J ,/ >2 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A" providing for engineering and staking services be- tween the municipality and Blair Engineering & Surveying Co., Inc. for services to be rendered in conjunction with the Grant Street project is hereby approved and adopted by the municipali- ty. 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 Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kuhr, Revzlik, Ryan, Kuhr. Jenny. Shotwell and Vinton VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF APRIL, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL.} RESOLUTION NO. 1990- 17 CITY OF BLIR, NEBRASKA M. STANLEY JENN, YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 April, 1990. ALICE I. DIEDRICHSEN, CITY CLERK PROJECT NO. BRM- 6456(1), CONTROL NO. 21330 CITY OF BLAIR BLAIR ENGINEERING & SURVEYING CO., INC. CONSTRUCTION ENGINEERING SERVICES GRANT STREET IN BLAIR THIS AGREEMENT, made and entered into this day of 1990, by and between the firm of Blair Engineering & Surveying Co., Inc., hereinafter referred to as the "Consultant ", and the City of Blair, Nebraska, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, the City contemplates culvert improvements on Grant Street, and WHEREAS, the work will be done under the project designation of BRM - 6456(1), and WHEREAS, the Federal Regulations provide that the State shall be the principal contracting agency for the construction and shall supervise and inspect construction financed by Federal Aid matching funds, and WHEREAS, neither the City nor the State has sufficient personnel available for such supervision and inspection, and it is the desire of the parties hereto that the Consultant furnish certain construction staking, inspection and field testing engineering services in connection with the above described construction, and WHEREAS, the Consultant does represent that it is in compliance with the Nebraska Statutes relating to the registration of professional engineers, and STAKING AND INSPECTION AGREEMENT NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. DEFINITIONS: WHEREVER in this agreement the following terms are used, or pronouns used in their stead, they shall have the meaning here given: "CITY" shall mean the City of Blair of the State of Nebraska, the Mayor or his authorized representative. "STATE" shall mean the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director -State Engineer of the Department, or his authorized representative. "CONSULTANT" shall mean the firm of Blair Engineering & Surveying Co., Inc., whose business and mailing address is P.O. Box 100, 1570 Washington Street, Blair, Nebraska 68008. "SUBCONSULTANT" shall mean the firm of Barry L. Boyd & Associates, who business and mailing address is 11134 "0" Street, Omaha, NE 68137. "FHWA" shall mean the Federal Highway Administration, Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "DOT" shall mean the United States Department of Transportation, Washington, DC 20590, acting through its authorized representatives. To "ABANDON" the work shall mean that a determination has been made by the State that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work shall mean that it has been determined by the State that progress is not sufficient or that the conditions or intentions as originally existed have changed and that the work as contemplated herein should be stopped on a temporary basis. This cessation or holding in this undetermined state will prevail until such time as a determination can be made to abandon the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this contract shall be the cessation or quitting of this contract based upon action or failure of action on the part of the Consultant as defined herein and as determined by the State. SECTION 2. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK: The Consultant shall perform all services to the highest professional standards and all work shall be done in an accurate and workmanlike manner. Project No. BRM- 6456(1) -2- Grant Street in Blair The Consultant shall, upon receipt of Notice to Proceed, perform all the construction staking, inspecting and field testing services required under this agreement for the project described above and as outlined in the attached Exhibit "A ", Scope of Inspection, which is hereby made a part of this agreement. Such services shall be performed to the satisfaction of the State and in accordance with the Nebraska Standard Specifications for Highway Construction Series 1985, and such supplemental specifications thereto, . contract Special Provisions, Volume I I of the Nebraska Materials and Tests Manual, Nebraska Road Construction Manual, or as may be directed by the State. Each task will be performed by the individual or individuals named in Exhibit "B ", Consultant's Schedule of Costs and Fee, which is hereby made a part of this agreement. Any person substituted for one of the key people indicated in Exhibit "B" must be equally qualified to perform the work and such substitution must have prior approval of the State. The Consultant's services include, but are not limited to advance staking, conducting the preconstruction conference, staking and inspection during project construction, preparing as built plans in black ink on full size plans, progress computations and final computations. The State will provide a Project Manager who will have overall control of the project. Neither a consulting engineer firm, nor any of its employees, that is providing engineering and inspection services for the contracting agency shall be allowed to perform work that is the construction contractor's responsibility. A consultant who provides both project engineering services for the contracting agency and engineering services for the project construction contractor is operating under an arrangement that gives the appearance of a possible conflict of interest and is unacceptable for Federal -aid work. SECTION 3. ADJUSTMENT OF COSTS AND FEE IF CONSTRUCTION CONTRACTOR DOES NOT COMPLETE WORK WITHIN TIME ALLOWANCE: In the event that the Construction Contractor does not complete the work within the contract time allowance of 40 working days, the total contract amount may be adjusted by a supplemental agreement to establish the compensation to be made for surveying, supervision, inspection, and Project No. BRM- 6456(1) -3- Grant Street in Blair field testing services performed after expiration of the time allowance as adjusted or extended in accordance with the Specifications. The compensation for additional work will be based on the schedule of costs and fee attached as Exhibit "B ", which is hereby made a part of this agreement. In the event it should become necessary to make any major changes in the work contemplated in this agreement, equitable adjustments will be made in the contract time and in the costs and fee for such additional work. The compensation for additional work will be by supplemental agreement and based on the schedule of fees before herein stated. Both the Consultant and the State will give prompt written notice to the other whenever they observe or otherwise become aware of any needed alteration in the project or other events which may substantially affect the services to be provided under this agreement. SECTION 4. IT IS MUTUALLY AGREED THAT: (A) The State will retain the right to perform any of the services of this project with its own staff. (B) The Consultant will respond and be on the project with no more than 24 hours notice when the Consultant is required by the State's Project Manager to be on the site. The Consultant in cooperation with the State's Project Manager will closely coordinate the number of people the Consultant will provide for the required staking, inspection, and field testing operations. (C) The performance of all work under this contract shall be subject to the (D) (E) inspection and approval of the State and shall be in accordance the Construction Contractor's working schedule. Four (4) copies of all reports of field tests performed by the Consultant will be submitted promptly, to the State's Project Manager, each week. Partial payment by the State shall be made for services through the end of each monthly billing period of the Consultant after the Notice Proceed, based on the progress of the work. At the end of each monthly billing period, the Consultant shall furnish the Project Manager of the State with copies of employee's time sheets and an Project No. B RM- 6456(1) -4- Grant Street in Blair with to itemized statement of services performed each day, during the period, until the work is complete. A retention of three (3) percent of the actual cost incurred by the Consultant as indicated in the monthly estimate will be made until the work is complete. Payment of any eligible retained amount will be made after the State performs an audit to verify eligible project costs. Payment of the fixed fee for profit will be made as indicated in Exhibit "C." (F) The City and State shall have the absolute right to abandon the project or to change the general scope of work at any time and such action on its part shall in no event be deemed a breach of contract. The right is reserved by the City and State to suspend work under this agreement at any time; or to terminate for just cause. Such suspension or termination may be effected by giving the Consultant seven (7) days written notice. If the City and State abandon the work, or subtract from the work, suspend the work or terminate the work as presently outlined, the Consultant shall be compensated on the basis of the percentage completion ratio of the fixed fee shown in Exhibit "C," plus actual costs as determined herein. The Consultant will be compensated for any leased or rented equipment required on the project for the remaining time of a lease or rental contract up to a maximum time of thirty (30) days from the date of written suspension or termination, less any credit the Consultant receives from the lessor, provided that the Consultant cannot utilize the equipment on another project. In determining the percentage of work completed, the City and State shall consider the work performed by the Consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all engineering documents completed or partially completed at the time of such termination or abandonment, shall be by the City. All reports, records, results and working papers arising from the work of the Consultant shall be the property of the City. The Consultant shall not release or make use of same for any purpose whatever without the specific written permission of the City. Project No. BRM- 6456(1) -5- Grant Street in Blair Additions to the scope of work as defined herein, if approved by the State's Project Manager, may require negotiation of a supplemental agreement. For any work beyond the scope of services outlined herein, the Consultant will be required to document the additional work, estimate the cost to complete said work and receive approval from the City and State before such work begins. Any such work performed prior to approval will be done at the expense of the Consultant. The Consultant shall be responsible to determine when its actual costs will exceed the limiting maximum amount. When the Consultant determines that actual costs will exceed the limiting maximum amount, they will be required to estimate the additional costs needed to complete the work, document the reasons for this additional increase and receive prior approval from the City and State in writing before any expenditures beyond the limiting maximum amount are incurred. The City and State shall not be obligated to reimburse the Consultant for costs which have not been approved in excess of the limiting maximum amount. (G) Any dispute concerning a question of fact in connection with the work not disposed of by this agreement shall be referred for determination to the Director -State Engineer of the State or his duly authorized representative whose decision in the matter shall be final and con- clusive on the parties to the contract. (H) The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work contemplated in this agreement. (I) Completion time will not be extended because of any delay attributed to the Consultant but delays attributed to the Contractor, City or State shall constitute a basis for an equivalent extension of time. (J) The State will assign one person to act as Project Manager, who will have direct and responsible charge of the project. All changes in plans, interpretation of specifications and other matters requiring decision on the part of engineering personnel shall be first cleared through the Project Manager representing the State. The Consultant shall advise the Project Manager when it appears any Disadvantaged Business Enterprise (DBE) is in need of assistance. Project No. BRM- 6456(1) -6- Grant Street in Blair The Project Manager will notify the State's Highway Minority Business Coordinator. The Consultant in conjunction with the Project Manager shall make every effort to assist the contractor or any Subcontractor in interpreting Plans and Specifications. (K) The Consultant shall maintain, and require all Subconsultants to maintain, all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at the respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the City, State, or any authorized representative of the Federal government, and copies thereof shall be furnished by the Consultant, if requested. (L) Fees and Payments: (1) Compensation for work as generally described herein shall be made to the Consultant by the State for each monthly billing period of the Consultant on the basis of actual costs that are allowable in accordance with Federal Contract Cost Principles contained in Part 1.31.2 of the Federal Acquisition Regulation System (48 CFR 1.31.2), plus a fixed fee for profit. The dates or periods are shown in Section 4(E) and the amount of the fixed fee is described in Exhibit "C ". Any engineering work performed prior to the Notice to Proceed will be done at the expense of the Consultant. (2) Actual costs include direct salary or wage costs, direct non - salary costs, indirect salary costs, indirect non - salary costs, and direct payroll additives. The rates shown herein for direct salary are rates estimated to be in force at the mid -point of the contract for the purpose of estimating the hourly cost of the work. Progress payments will be based on receipted invoices or certified billings and final payment will be made for those actual costs that are allowable in accordance with 48 CFR 1.31.2., and based on an audit to be performed by the State at the conclusion Project No. BRM- 6456(1) -7- Grant Street in Blair of the work to determine project costs. The compensation to the Consultant and any Subconsultants will be computed on the total hours worked per day based on starting and ending times from the Consultant's headquarters. The Consultant will be reimbursed at the straight hourly rate basis no matter how many hours are worked per day or week. (a.) Direct Non - Salary Costs Charges in this category include per diem expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this contract and such other similar items. Payment for these items shall be made on receipted invoices, whenever possible, or on certified billings of the Consultant. For purposes of standardization on this contract, the following expenses will be reimbursed at this rate: Automobile - $0.21 per mile (b) Indirect Salary Costs and Indirect Non - Salary Costs Indirect salary costs are the actual salary or wages paid to all employees, clerical and stenographic, administrative and supervisory, of the Consultant for work not directly chargeable to individual contracts and that are allowable in accordance with 48 CFR 1.31.2. Indirect non - salary costs are all non - salary costs of the Consultant's business operations which are not directly chargeable to individual contracts and that are allowable in accordance with 48 CFR 1.31.2. (c) Direct Salary Additives The direct salary payroll additives are related costs which are paid by the Consultant such as Social Security and Unemployment taxes, salary or wages paid for vacations and holidays, salary or wages paid for sick, military, jury and other authorized leave, insurance, retirement and other allowable contributions made to all employees. Project No. BRM- 6456(1) -8- Grant Street in Blair For the purposes of estimating costs under this contract and on which to base payment, the indirect salary costs, indirect non - salary costs and direct salary payroll additives of the Consultant shall be established at 150% of the direct salary cost, except the established rate for Harold J. Madsen will be established at 25 %. The hourly bill out rate for the Subconsultant, Barry L. Boyd, will be established at $50.00 hourly. (3) The actual costs, as defined in Section 4(L)(2) hereof, shall be paid for at periods as defined in Section 4(E) based upon billings made by the Consultant and subject to audit as determined by the State. The actual costs of the Consultant may be reimbursed up to the limiting maximum amount of $12,762.16. The total contract amount, including the limiting maximum amount of $12,762.16 and the Consultant's fixed fee for profit of $770.00 is $13,532.16, which total contract amount will not be exceeded without prior approval of the City and State. (4) The wage or salary rates for the various personnel classifications are as shown in Exhibit "B ". Normal hourly rates for salaried employees of the Consultant shall be determined by dividing the employee's fixed compensation by the number of hours normally expected to be incurred in that compensation period. For those instances when a salaried employee reports more hours incurred than normally expected and receives no additional compensation, the hourly rate to be billed shall be determined by dividing the fixed compensation by the actual hours reported for that pay period. Any major deviation from or revision in the classifications shown in the chart shall be subject to the prior approval of the State. All personnel replacements shall be made with people of equal ability and experience. The acceptance by the Consultant of the final payment shall constitute and operate as a release of the City and State from all claims and liability for any and all things done, furnished or relating to the services rendered by the Consultant, its Project No. BRM- 6456(1) -9- Grant Street in Blair representatives and assigns under or in connection with this agreement of any part thereof. It is understood by the parties that the City and State will rely on the professional performance and ability of the Consultant and that any examination by the City and State, or any acceptance or use of the work product of the Consultant will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which will relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further, acceptance or approval of any of the plans or work of the Consultant by the State or of payment, partial or lump sum, shall not constitute a waiver of any rights of the State to recover from the Consultant damages that are caused by the Consultant due to error, omission or negligence of the Consultant in its work. That further, if due to error, omission or negligence of the Consultant the plans are found to be in error or there are omissions in the plans revealed during the construction of the project and revision or reworking of the plans is necessary, the Consultant shall make such revisions without expense to the State, and the Consultant will give immediate attention to these corrections to minimize any delays to the Construction contractor. Consultant's legal liability for all damages incurred by the State caused by error, omission or negligent acts of the Consultant shall be borne by the Consultant without liability or expense to the State. (M) The State will furnish the following items or equipment services: (1) Two sets of project design plans and any required standard report forms. (2) State of Nebraska Standard Specifications for Highway Construction and supplemental specifications (to be returned to the State at the completion of the project). Project No. BRM- 6456(1) -10- Grant Street in Blair (3) State of Nebraska Road Construction Manual (to be returned to the State at the completion of the project). (4) The State will furnish the field books and assist in their initial preparation, with the Consultant setting up and making the field entries. (5) Project signing plan and check reflectivity of barricades. (6) Plant inspection of concrete and /or aphalt. (7) State of Nebraska Materials and Tests Manual (To be returned to the State at the completion of the project). (8) Calibration of all testing equipment to be used on the project. Consultant to submit equipment to the State's Quality Assurance Manager in Omaha. (N) The Consultant shall furnish the following items or services: (1) Hard hats or orange ball caps when hard hats are not required, orange vest or orange shirt, safety toed shoes, eye and ear protection and wear such when on the project site. The Consultant shall coordinate with the State's Project Manager as to specific project requirements. (2) Molds, collection and making of concrete cylinders, plus all other equipment and supplies required for the routine acceptance and other special tests which relate to acceptability of material. (3) Submit completed forms and reports as outlined in Exhibit "A." (4) Construction stakes, nails and flagging material for survey party. (5) All portable surveying signs. (6) Have testing and sampling equipment calibrated and checked by State Quality Assurance personnel prior to commencing work. (0) The Consultant shall perform all required services under the direct supervision of a registered Professional Engineer licensed to practice in the State of Nebraska. (P) The Consultant shall keep detailed notes, computations and measure- ments, records of quantities of pay items used in the work, records of the materials entering the work and the tests or basis of acceptance of these materials and a diary record of the contractor's operations. Upon completion of the work, the Consultant shall prepare as built Project No. BRM- 6456(1) -11- Grant Street in Blair plans and a summary of the final quantities of all contract items covered by this agreement which, together with all original notes, computations, measurements and records outlined herein, shall be promptly submitted to and become the property of the State. The Consultant shall certify as to the completeness of the above reports, verifications and analyses, and shall affix to the summary sheets the signature and seal of registration of a Professional Engineer licensed to practice in the State of Nebraska. The completed as built plans and the final quantities shall be delivered to the State no later than forty -five (45) calendar days after the construction of this project is accepted by the State's District Engineer in Omaha. The State will provide written notification of the acceptance of the construction to the Consultant. If the delivered as built plans and the final quantities are not complete or accurate to the satisfaction of the State, the State will return them to the Consultant for revision. The Consultant shall make such revision without expense to the City and State. The time used by the State to review the as built plans and the final quantities or any delays not attributable to the Consultant will not be counted in determining the calendar days the Consultant used in completing the as built plans and the final quantities. If the Consultant fails to deliver the completed as built plans and the final quantities to the State within the time frame described herein, liquidated damages in the amount of one hundred dollars ($100) will be charged for each additional calendar day that the work remains uncompleted. (Q) Sampling and Testing frequency and methods shall be in accordance with Volume II, Nebraska Materials and Tests Manual, the special provision of the contract, or as may be directed by the State. SECTION 5. FORBIDDING USE OF OUTSIDE AGENTS: The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit to secure this agreement, and that he has not paid or agreed to pay any company or person, other than bonafide employee Project No. BRM- 6456(1) -12- Grant Street in Blair working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this agreement. For breach or violation of this warranty, the City and State shall have the right to annul this agreement without liability, or in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, percentage, brokerage fee, gift, or contingent fee. SECTION 6. NON - RAIDING CLAUSE: The Consultant shall not engage the services of any person or persons presently in the employ of the City or State for work covered by this agreement without the written consent of the employer of such persons. SECTION 7. MINORITY BUSINESS ENTERPRISES: (A) Policy The Consultant agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the minority business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into this agreement. (B) Minority Business Enterprise Obligation The Consultant agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR Part to ensure the minority business enterprises have the maximum opportunity to compete for and perform subcontracts. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. Failure of the Consultant to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by Project No. BRM- 6456(1) -13- Grant Street in Blair the City and State or such remedy as the City and State deem appropriate. Section 8 Subletting, Assignment or Transfer of this agreement further explains the Consultant's responsibility in ensuring that minority business enterprises have the maximum opportunity to compete for subcontracts. SECTION 8. SUBLETTING ASSIGNMENT OR TRANSFER: The Engineer on the project will be Barry L. Boyd. Any subletting, assignment or transfer of any other services to be performed by the Consultant is hereby prohibited unless prior written consent of the City and State is obtained. The Consultant shall enter into an agreement with any Subconsultants for work covered under this agreement. All Subconsultant agreements for work covered under this agreement in excess of $10,000.00 shall contain all required provisions of this agreement and shall be approved by the City and State before the Consultant issues a Notice to Proceed to the Subconsultant. No right of action against the City or State shall accrue to any Subconsultant by reason of this agreement. As outlined in Section 7 the Consultant shall take all necessary and reasonable steps to ensure that minority business enterprises have the maximum opportunity to compete for and perform subcontracts. Any written request to sublet any work shall include documentation of efforts to employ minority business enterprise. SECTION 9. FAIR EMPLOYMENT PRACTICES ACT: The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126 (Reissue 1988), which is made a part of this agreement and is included in this agreement by this reference. SECTION 10. RESPONSIBILITY FOR CLAIMS AND LIABILITY: The Consultant agrees to save harmless the City and State from all claims and liability due to the negligent activities of the Consultant or those of the Consultant's, Subconsultants, agents, or its employees. In this connection, Consultant shall for the life of this agreement carry insurance in the following kinds and not less than the following amounts: Project No. BRM- 6456(1) -14- Grant Street in Blair 1. Bodily Injury and Property Damage with a combined single unit of liability of or Bodily Injury General and Automobile General and Automobile Property Damage General and Automobile General 2. Workmen's Compensation - Statutory The insurance referred to in Number 1 above shall be written under Comprehensive General and Comprehensive Automobile Liability Policy Forms, including coverage for all owned, hired, and nonowned automobiles. The Consultant may at its option provide the limits of liability as set out above by a combination of the above described policy forms and excess liability policies. Proof of insurance coverage shall be furnished the State by the Consultant. The Consultant shall require any Subconsultant to carry as a minimum the insurance required in Numbers 1 and 2 above. SECTION 11. NONDISCRIMINATION: The Consultant agrees to comply with the Nondiscrimination Clauses of Title 49 CFR Parts 21 and 27 as further described in Exhibit "D" which is hereby made a part of this agreement. SECTION 12. CERTIFICATION OF CONSULTANT: The attached Certification, identified as Exhibit "E," shall be completed by a duly authorized officer of the Consultant and City, respectively, and is hereby made a part of this agreement. SECTION 13. SUCCESSORS AND ASSIGNS: This agreement shall be binding on successors and assigns of either party. SECTION 14. DRUG -FREE WORKPLACE POLICY: The Consultant shall have on file with the State an acceptable drug -free workplace policy. Project No. BRM- 6456(1) -15- Grant Street in Blair $ 500,000 each occurrence $ 250,000 each person $ 500,000 each occurrence $ 250,000 each occurrence $ 500,000 aggregate SECTION 15. ALL ENCOMPASSED: This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements, either oral or written hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the Consultant this Z day of o .�� 1990. , ATTEST: BLAIR ENGINEERING & SURVEYING CO., INC. EXECUTED by the City this 4 City Clerk Project No. 6456(1) Grant Street in Blair -16- 12 6G OA.4t Signature Title Title day of , 1990. ATTEST: THE CITY OF BLAIR, NEBRASKA APPROVED STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Operations Date GROUP ITEM NO. NO. SCOPE OF INSPECTION 4 1 Field Inspection, field measurement, notebook record. 4 2 -5 Field inspection, daily, notebook record. 4 6 Notebook record. 4 7 Field inspection, verification of work performed, notebook record. 4 8 Field inspection, tank or meter calibration, notebook record. 4 9 Field inspection, quantity computa- tions, moisture density tests, notebook record. 4 10 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 4 11 -12 Field inspection, truck measure- ments, gradation tests, placement, test reports, notebook record. 4 13 Field inspection, verification of placement, notebook record. 4 14 Field inspection, field measurement, verification of removal and resetting notebook record. 4 15 -16 Field inspection, field measurement, notebook record. 4 17 Field inspection, verification of work performed, notebook record. 4 18 Plant and field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, etc., notebook record. 4 19 Field inspection, notebook record of steel placement. 4 20 Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record. 7 21 Notebook record. 7 22 Field inspection, field measurement, notebook record. 7 23 Field inspection, field measurement, verification of removal, notebook record. 7 24 Field inspection, measurement, notebook record. Project No. BRM- 6456(1) EXHIBIT "A" Grant Street in Blair SHEET 1 of 2 The following is applicable to all work covered under this agreement: The State will perform all correlation tests which relate to acceptability of material. The Consultant will perform all tests which relate to control of construction. The sampling and testing frequency and methods shall be in accordance with Volume II, Nebraska Materials and Tests Manual. Specifically the minimum frequency of samples to be obtained by project personnel are those listed in the Materials Sampling Guide under Routine Samples in both Columns A and B and those 25 needed in Section 26 Miscellaneous Materials. The samples to be tested by project personnel are those listed under Routine Samples in Column A, with the exception of Concrete Test Cylinders which will be fabricated by project personnel and forwarded to the Omaha District Laboratory. The project staking shall include, but not be limited to staking the center line, bench levels, control point tie out, and construction reference points, and final measurements. GENERAL: Each inspector will record a daily record of project work. This record should be included in one of the other project notebooks or in a separate notebook. The Consultant shall be responsible for the following: (A) Wage Interview Reports. (B) Safety Inspection Reports. (C) Furnishing the detailed information and quantities to the State's Project Manager for the following: (1) Working Day Reports. (2) Weekly Construction Progress Reports. (3) Weekly Progress Measurements. (4) Contractor Progress Estimates (Information). The State will be responsible for the following: (A) Contractor Payrolls and Statements of Compliance. (B) Contractor EEO Reports and Contractor EEO Compliance Record. (C) Evaluation of Contractor. (D) Contractor Progress Estimates. (E) Working Day Reports. (F) Change Orders and Supplemental Agreements. Project No. BRM- 6456(1) EXHIBIT "A" Grant Street in Blair SHEET 2 of 2 A. CONSULTANT WORK EFFORT AND HOURS Two Chief Field Survey Engineer Surveyor Inspector Party Pre - Construction 4 4 4 Survey . 32 32 Project Management 80 Field Inspection 36 324 Weekly Reports 24 As BuiIts and Finals 24 B. SALARY RATES SCHEDULE OF COSTS AND FEE Barry L. Boyd, P.E. Richard L. Hansen, Survey Chief $10.00 Harold J. Madsen, Field Inspector $10.00 Richard H. Dunker, Surveyor $ 7.25 Kevin S. Fleming, Surveyor $ 7.00 Two Person Survey Party (Total of Mr. Dunker and Mr. Fleming) 84 72 376 32 Direct Salary Overhead Total (established rate) s $50.00 150% = $25.00 25% • $12.50 150% = $18..13 150% • $17.50 $35.63 Project No. BRM- 6456(1) Exhibit "B" Grant Street In Blair Sheet 1 of 2 MAR 2b '''.50,11:40 MEEK' DoR -Cf IFTh C. SCHEDULE OF COSTS Blair Enalneerino and Survevina Co., Inc. Richard L. Hansen, Survey Chief Two Person Survey Party Harold J. Madsen, Field Inspector 72 hours x $25.00 = $ 1,800.00 32 hours x $35.63 = $ 1,140.16 376 hours S $12.50 = $ 4,700.00 Subtotal $ 7,640.16 Fixed Fee 770.00 *Direct Non - salary 386.50. # Subconsultant, Barry L. Boyd 4,735.50 Total Contract Amount 613,532.16 Barry L. Boyd, P.E., Subconsultant Barry L. Boyd, P.E. 84 hours x $50.00 = $4,200.00 Profit = 420.00 Mileage, 550 miles x $0.21 = 115.50 #Total Subconsultant = $4,735.50 *Rental of Volume Measure = $150.00 *Mileage 650 x $0.21 = $136.50 Molds, etc. $100.00 $386.50 4►Subconsuitant total amount is part of Consultant's limiting maximum amount. Project No. BRM- 6456(1) Exhibit "B" Grant Street in Blair Sheet 2 of 2 Project No. BRM- 6456(1) Grant Street in Blair FEES AND PAYMENTS In addition to the limiting maximum amount of $12,762.16, the Consultant will be paid a Fixed Fee for Profit of $770.00. The payment of the limiting maximum amount will be as defined in Sections 4(E) and 4(L). The Consultant will be paid a prorated amount of the fixed fee for profit monthly based upon the portion of the Consultant's total direct salary and overhead incurred that month relative to the Consultant's estimated total direct salary and overhead cost of $7,640.16 until a maximum of 90% of the fixed fee for profit has been paid. The Consultant will also be reimbursed monthly a prorated amount of the Subconsultant's profit of $420.00, based upon the portion of the Subconsultant's total direct salary incurred that month relative to the Subconsultant's estimated total direct salary of $4,200.00. The final 10% of the Consultant's Fixed Fee for Profit will be paid to the Consultant by the State after the work on the project is completed and accepted by the City and State and the State's audit to verify eligible project costs is completed. If the cost audit is not completed within six months after the project is accepted by the City and State, the Consultant will be reimbursed for 90% of the retention that time. Exhibit "C" Sheet 1 of 1 NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondis- crimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C "- of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Includinq Procurements of Materials and Equipment: In all solicitations either by competitive bidding or nego- tiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap, race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regu- lations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provi- sions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direc- tion, the contractor may request the State to enter into such litiga- tion to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "D" State - Nebraska CERTIFICATION OF CONSULTANT Federal -Aid Project BRM- 6456(1) I, the undersigned, being first duly sworn, o oath hereby ertify that I am the s�i- c�s.b!t.,f of the firm of ori "� i ' „<°"``� whose address is A:1,—y,, ST �i <,�, Are, , and that, except as noted below neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, or b) has agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or c) has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any). Appendix A - Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions Instructions for Certification 1.. By signing this Exhibit, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation shall disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the City determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City may terminate this agreement for cause of default. 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the City or State for assistance in obtaining a copy of those regulations. 6. The Consultant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City entering into this agreement. Project No. BRM - 6456(1) Exhibit "E" Grant Street in Blair Sheet 1 of 4 7. The Consultant further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the City or State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the City may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The Consultant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this agreement had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this Exhibit. I acknowledge that this certification is to be furnished to the State Highway Department and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. Date Signature Project No. BRM- 6456(1) Exhibit "E" Grant Street in Blair Sheet 2 of 4 ° STATE OF ) )ss. CO UNTY OF 7 ) I, 71.'o , after being duly sworn, on oath do hereby acknowledge the forgoing certification and further state as follows: am the - T,.,,; ,.,,7 for LI/e E.t/ /Ales ,eiNG - i f �u,z ✓may „�� e0 195. 22.2 ( igna ture of Consultant Subscribed and sworn to before me this ..24 day of jite CELL AL NYI NIM- staveca ka,im. VIVIAN 1. KELLEY MY Comm. Exp, Aug. 30, 1992 Notary Public - -- Project No. BRM- 6456(1) Exhibit "E” Grant Street in Blair Sheet 3 of 4 CERTIFICATION OF CITY I hereby certify that I am the 27 7 of the City of $ Qeist. , State of Nebraska, aid the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: a) employ or retain, or agree to employ or retain, any firm or person, or b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certification is to be furnished the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal -aid highway funds, and is subject to applicable State. and Federal laws, both criminal and civil. /D. /99d Date �s✓ ) )ss. COUNTY OF GV � ) STATE OF do hereby state as follows: I am the 42 for after being duly sworn, on oath ignature of City) Subscribed and sworn to before me this /e2/ day of 199'0. GENERAL NOTARY -state of Nebraska WARREN D. WHITAKER otary Public My Comm. Exp. Feb. 8, 1992 , Project No. BRM- 6456(1) Exhibit "E" Grant Street in Blair Sheet 4 of 4 RESOLUTION NO. 1990- 18 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: 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 P &S, Inc. 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. VOTING "AYE" AND COUNCILMEMBERS Nf/DP VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 1Qtk DAY APRIL, 1990. ATTEST: COUNCILMEMBER Rey7lik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kulp 0 4 . 1,-40144 4 2iALA , v1 2 ALICE '. DIEDRICHSEN, CITY CLERK (SEAL) UPON ROLL CALL, COUNCILMEMBERS CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS N „1 M AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 April, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Rvan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990 - 19 • 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 Biock 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 30, 1990, 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 Biock 56 a distance of 64.00 feet; thence East parallel with the North line of said Block 56 a distance of 1 feet to the East line of Lot 10 in said Biock 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 ATTEST: J-14.--Y ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 Revzlik MOVED' THAT THE RESOLUTION' BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED.BY COUNCILMEMBER Vinton . UPON ROLL • .CALL,. COUNCILMEMBERS Kros, Kuhr. Lone. Rey 1 j R3ian fihntctnl l 2TA �7i�tte- , VOTING "AYE" AND COUNCILMEMBERS .None x VOTING "NAY ", THE MAYOR DECLARED THEFOREGOING RESOLUTION: WAS PASSED AND APPROVED THIS 24th ' DAY OF APRIL, 1990. CITY OF BLAIR, NEBRASKA BY , thL1IL1 f2/tAJ M. S ANLEY JENS OR Oki& ALICE I. 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 24th day April, 1990. ALICE I. DIEDRICHSEN, CITY CLERK i RESOLUTION NO. 1990- 20 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT Article 7, Section 3 of the Rules and Regulations of the Blair Cemetery should be amended to read as follows: 3. The City will repurchase grave spaces for the amounts as follows: In the event the lots were pur- chased prior to January 1, 1975, the purchase price therefor shall be the sum of Fifty Dollars ($50.00). In the event the grave spaces were purchased after January 1, 1975, the purchase price shall be seventy - five percent (75 %) of the price which was paid for the grave space. In the event of a resale to the City or an exchange of grave spaces, the owner thereof must furnish to the City a proper deed and current recording fee. The sale of lots by owners to other individuals is prohibited except when such lot has been first offered to the City of Blair. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect upon its adoption and publication as pro- vided as by law. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Ryan. Lone, Revzlik. Shotwell, Vinton, Kuhr and Kros VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF APRIL, 1990. ATTEST-: /L ,r ALICE I. DIEDRICHSEN, CITY CLERK -(SEAL) CITY OF BLAIR, NEBRASKA BY di) o kaaet M. STANLEY JEN MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 24th day of April, 1990. ALICE I. DIEDRICHSEN, CITY CLERK I w � 5 RESOLUTION NO. 1990- 21 COUNCILMEMBER Rvan 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, #3913, #3914, 9mm Sig -Sauer #P226, 9mm Ruger #P85, and 9mm Giock #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. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED .BY COUNCILMEMBER Reyzlik UP ON ROLL CALL, COUNCILMEMBERS Ryan, Kros, Vinton, Long, ShotWell, Kuhr and Reyzlik VOTING "AYE ", AND COUNCILMEMBERS. ]Ta VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION 1PASSED AND ADOPTED THIS 24th DAY OF APRIL, 1990... CITY OF BLAIR, NEBRASKA �i/ 1. - � BY M. T LEY JE E I MAYOR ALICE I. 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 special meeting of the Mayor and City Council of said City held on the 9lath day of April, 1990. &LP, / i h ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO 1990- 20 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, #3913, #3914, 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 Reyzlik UPON ROLL CALL, COUNCILMEMBERS Ryan, Kros, Vinton, Long, Shotwell, Kuhr and Reyzlik VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF APRIL, 1990. ATTEST: a '`- L, lam' 1 C & th 0 ALICE I.:DIEDRICHSEN, CITY CLERK (SEAL)" STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY M. atTANLEY JENSIN AYOR ALICE I. 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 special meeting of the Mayor and City Council of said City held on the 24th day of April, 1990. a ALICE I. DIEDRICHSEN, CITY CLERK ATTEST: RESOLUTION NO. 1990- 22 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Agreement between the City of Blair and Omaha Public Power District, a copy of said Agreement being attached hereto, marked "A"; Exhibit n 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 Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Kros, Kuhr, Long, Reyzlik, Shotwell, Vinton VOTING "AYE ", AND COUNCILMEMBERS none VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF MAY , 1990. 016_12 d s ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASK BY M. STANLEY JEN`N, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting. City Clerk. of the City 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 April, 1990. ICE I. DIEDRICHSEN, CITY CLERK AGREEMENT THIS AGREEMENT, made and entered into this 8th day of May 1990, by and between the Omaha Public Power District, a Public Corporation, organized and existing pursuant to the laws of the State of Nebraska, (hereinafter called the "District "), and the City of Blair, Washington County, Nebraska, (hereinafter called the "City "), Witnesseth: That for and in consideration of the sum of one dollar ($1.00) receipt of which is hereby acknowledged, and other valuable consideration the District does hereby convey and demise to the City, ownership of that 8" PVC water line and appurtenances(hereinafter called the "Water Line ") as installed by the District from the Blair City limits and along, under, and within U. S. Highway No. 75 right -of -way to the said Water Line's intersection with the District's 10" water line running perpendicular to and between the District's water reservoir and the District's Fort Calhoun Station property, all as .shown on Exhibit "A" attached hereto, and subject to the following terms and conditions: 1) The conveyance of this water line is made in its "as is" condition and all costs associated with the relocation of back flow prevention and metering facilities will be paid by the City. The District shall convey water line to the City by proper bill of sale, and it is agreed that said water line shall be free and clear of all encumbrances, liens, or restrictions. The District shall make available to the City all plans, specifications, as built drawings, and any other technical data which it possesses with reference to the water line and its construction. 2) The City agrees to pay the District all connection fees collected from subsequent users of the Water Line for the life of the Water Line or until $119,000 has been repaid to the District. Connection fees will be calculated by charging the owners of such property as abuts on the Water Line and which is benefitted thereby at a rate of $391.00 per acre or proportional part thereof serviced by the line being connected. As to such charges, it is further specifically agreed that a single family dwelling farmstead shall be considered as a one acre site for the purpose of the hook up fee. In the event more than two single family dwellings exist on a farmstead, the hook up fee to be reimbursed to the District shall be $391.00 times the number of single family dwellings existing on such farmstead. In the event the lot size in any approved platted subdivision within the City's zoning jurisdiction is more than one acre, the hook up fee shall be determined on the basis of the actual acreage in each lot for those lots where occupancy has occurred, and the premises are utilizing water service provided by the water line. In the event that a lot is less than one acre in an approved platted subdivision is being provided water service, the minimum hook up fee shall be $391.00. It is specifically agreed that the fee may be collected by the City for such areas when occupancy of such lots takes place utilizing such water service. On or before April 1 of each year during the term of this agreement, the City shall provide to the District a report for the preceding year itemizing and specifying all areas, lots, or occupancies to or for which new water service has been provided originating from the water line. Together with such report, the City shall pay and remit to the District all hook up fees as agreed to herein. Notwithstanding any term or provision of this agreement, the City may charge any hook up fee which it deems necessary and appropriate for connection to the water line. Blair's sole and only obligation to the District, with reference to such hook up fees, shall be the reimbursement in the amounts as set forth in section 2 of the terms and conditions hereof. In addition, the City may charge, without any restriction under the terms of this agreement, any rate for the water usage to such customers connected to the water line as the City may deem reasonable and appropriate. 3) The City will guarantee that it will provide a minimum flow of water to the District's metering facility of 20,000 gallons per hour. The City will endeavor to notify the District with as much reasonable notice as is practical of any events or times during which, by reason of maintenance, repair, or other operation of the water line, that the water flow would be temporarily interrupted or decreased. The City shall not be held responsible or liable for any damages or injuries which may result from the inability of the City to provide water by reason of acts of God, natural catastrophes, or any other events or conditions beyond the reasonable control of the City. 4) The City shall be solely responsible for the maintenance, repair, and operation of the Water Line. 5) The City shall charge the District for water usage, which rates shall be fair, reasonable, nondiscriminatory, and consistent with rates charged City commercial consumers. 6) The City hereby agrees to indemnify and save harmless the District, and their officers, employees and agents, (hereinafter individually and collectively referred to as "Indemnitee "), from and against liability and expense on account of damage to property or injury including death to any person, arising from any act or omission of the City or its employees, agents, subcontractors or suppliers in the maintenance, repair, or operation of the Water Line. The City indemnification hereunder shall apply without regard to whether acts or omissions of one or more of the Indemnitee would otherwise have made them jointly or derivatively liable for such damage of injury, excepting only that the City shall not be obligated to so indemnify and save harmless if such damage or injury is due to the sole negligence of one or more of the Indemnitee. START Water Line (Blair City Limits Water Line (8 ") • END Water Line • (OPPD Meter 0 10" line) 160.13 O O Gal Storage Biair EXHIBIT "A" • • Missouri River • Hub$teblon - Ft. Calhoun Power \ i'h.ae P4' M 814;. T1'elnIr G rater Fire Una 10" BILL OF SALE ITEM: 8" PVC Water Line as described on those construction plans titled "Contract No.1596, pages CC -0 through C -18 " provided herewith, and located in U.S. Highway #75 right -of -way from the city limits of Blair, Nebraska, to its intersection with a 10" OPPD water line south of the Fort Calhoun Nuclear Power Station. The above item sold this 0 day of M , 1990, to the City of Blair, Nebraska, for and in accordance with those terms and conditions contained in that agreement dated Mai K ,. 1990, by and between the Omaha Public Power District and the City of Blair, Nebraska. Omaha Public Power District VICE I ZES!D NT 4)doL. COUNCILMEMBER ATTEST: o lJ) ( Q,4ALS ( 11_J d- ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1990- 23 Kros INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that all developers agreements under the Subdivision Regulations of the City of Blair shall require per- formance bonds for the timely and proper construction of said improvements and to guarantee such improvements' condition during the one year warranty period after acceptance by the municipality. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL that all such performance bonds shall require a corporate surety thereon, and that no sureties will be accepted other than said corporate sureties issuing same in the ordinary and due course of their business. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik UPON ROLL CALL, COUNCILMEMBERS Kros, Kuhr, Long, Reyzlik, Shotwell, Vinton VOTING "AYE ", AND COUNCILMEMBERS none VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF MAY, 1990. CITY OF BLA NEBRASKA ALA_ 4- BY h. M. STANLEY JENSENpfyR 2) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 8th day of May, 1990. ALICE I. DIEDRICHSEN, C CLERK Resolution No. 1990 -24 STRATEGIC PLANNING FOR ECONOMIC DEVELOPMENT RESOLUTION WHEREAS, the economic stability and resulting quality of community life is directly related to the ongoing attention to new investments in eco- nomic enterprises; and WHEREAS, success in economic development is largely a result of the co- operation and activity of the local municipal government, private and public agencies, organizations, and individuals; and WHEREAS, the citizens of Blair want to help direct current and future changes in the community. NOW THEREFORE BE IT RESOLVED, that the Mayor and City Council of Blair, Nebraska, support and join the citizens to declare Blair, Nebraska to be a partner in Strategic planning for Economic Development. PASSED AND APPROVED THIS 22nd ATTEST: City Clerk - Deputy DAY OF Mayor Nay , 1990. 1r_ 1 COUNCILMEMBER RP INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 25 WHEREAS, the Veterans of Foreign Wars Post 1251 have re- quested authorization for additional licensed premises for a one day event to be held on June 3, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Veterans of Foreign Wars Post 1251 are hereby authorized and approval is hereby given for additional licensed premises as shown on the drawing attached hereto, marked Exhibit "A ", and by this refer- ence made a part hereof for June 3, 1990. 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 Long , MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Sbotwell CALL. COUNCILMEMBERS Jenny, Kros, Long, Reyzlik, Ryan, S hotweli. and Vint VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 22nd DAY OF MAY, 1990 ATTEST: -Ce1c 1 Peggy J. Frahm, (SEAL) puty.Clerk /Treasurer CITY OF BLAIR, NEBRASKA M. STANLEY JENSEN, STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) PEGGY J FRAFIM, 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 May, 1990. - Peggy J. Frahm, De uty Clerk /Treasurer JO CONTROL COMMISSION Application for Special Designated Permit Under New UqUOT Cotta Act •Please Type or Print •Completeail Sections Complete and return the original and pink copy to the Nebraska Liquor,Control Commission, P.O. Box 95046, Lincoln, NE 68509. A permit fee of $25 for each day for which the permit is applied (not to exceed six days in one calendar year) and local approval must be Included with this application. All fees must be in cash, bank draft, certificed check or money order. A NON PROFIT CORPORATION MUST include a letter from the IRS declaring that the corporation is exempt from payment of federal income taxes, or a copy of the corporation's federal income tax return, as filed with the IRS, plus a statement signed by an officer of the corporation declaring that the copy of the tax return is atrue and correct copy as filed with the IRS. 1. Type of Beverage(s) to be served: TO Beer Wine J Distilled Spirits 2. Status of the Applicant: Public ❑ Municipal ❑ Political ❑ Fine Arts ❑ Fraternal ❑ Religious Charitable ❑ Retail ❑ Service Corporation Organization Museum Corporation Corporation Corporation Licensee Corporation 3. Corporation, Organization or Licensee Name (if a licensee, give current 4. Address or Location of Premises to be Covered by Permit, Zip Code & . . number) County , r D/ License Number 6. Name and Address of owner or lessee and name of principal occupant of the premises for which the permit is requested. V,4 Po /� 7. Name of Supervisor Responsible for the Organization, corporation, Licensee G —.3- 10. Description of the premises: kr Inside Building k Outdoor Area public? , Fence ❑ Tent ❑ Other (If other, please explain.) p0 / Dimensions of area to be cov re by permit: �1 U will be sold and consumed. LENGTH 1.0 '" ► . , n¢ n4 Ih1 e 11. Describe the Type of Activity o bi Carried on during the time period for whic /"' i/ ' 7 v�- g,C, .tr •M1(2 (z z tf)sh 5. Corporation, Organization, Licensee Business Address PM g.s Abat/&-- Telephone Number i ?,,d r r' 4 AI RN' P y ,s �✓� - I , / 7a 8. Date(s) o ccasion Of a Sunday, attach local Sunday sales ordinance and hou of consumption.) 9. Time(s) of occasion. If outdoor area, how will premises be separated from areas open to the general x 70 " „ Please draw in the space provided below, the area where liquors • • WIDTH CONTINUE ON PAGE 2 FROM: / / "/ TO: COMMISSION USE ONLY EXHIBIT tie 'M /1\. 1 .7 /7Po /Y It is requested. LCC 35- 41219187 Page 1 i COUNCILMEMBER RESOLUTION NO. 1990- 26 Rva.n. INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council previously granted to Dennis E. Pestal an Easement between the City of Blair and Dennis E. Pestal for the placement of an air conditioning unit over and across municipal right of way, a copy of said Easement being attached hereto, marked Exhibit "A "; and, WHEREAS, during the installation of such unit, the location was changed as a result of unknown structural elements, and as a result an Amended Easement to correct the legal description is necessary. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the Amended Easement attached hereto and marked Exhibit "B" 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 Kros . UPON ROLL CALL, COUNCILMEMBERS Jenny, Kros, Long, Reyzlik, Ryan, Shotwell and Vin VOTING "AYE ", AND COUNCILMEMBERS Nip VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 99nd DAY OF MAY, 1990. Peggy J. Frahm, Deputy Clerk /Treasurer (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JEN N/ MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) PEGGY. J FRAHM, 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 May, 1990. L-- Peggy J. Frahm, Depu y Clerk /Treasurer 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. Festal, 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 imurovements on municipal right of way. Such indemnification and save harmless shall apply not only to the t shall apply as well to any claims, causes of action, njuries, or any other liabilities of any nature or kind by any third parties, persons, or any other entities 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 Grantee bu damages, i sustained which such municipal property including the structures, ditches, roadways, or the result of the construction of of any such claims. Such indemnification and save harmless shall fur- ther specifically include but not be limited to any damages to right of way, grades, drainage any other municipal property as 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 adjacent 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 MUNICIPAL CORPORATION STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) M. STANLEY, JE (, AYOR Dennis E. Pestal 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 /9 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Befor county and to be th Easement a be his vol WITNE of September, 1989. NOTARY PUBLIC me, the undersigned, a Notary Public in and for said states, personally came Dennis E. Pestal, to me known identical person who signed the above and foregoing Grantee and acknowledged the execution thereof of to ntary act and deed. S my hand and seal this /y day of September, 1989. V/e NOTARY PUBLIC GENERAL NOTARY - state of otwaxim VERNA R. BULL My Comm. Exp. July 5, 1993 GENERAL NOTARY•sa of ►epnwo VERNA R. BULL My Comm. Exp. July 5, 1993 '409• 6 ,. o• • i 39 • e 4 a 3 m r tcz • • • • IP Ile s o. o ' a • w 6o.Jy T.L. 52! O.I8 s►c.' -so .1' : •; T. 520 O387Ac d r y.._1 - i • 1 - t - 1 1 1-1 -1 -12,.0 1.• 1 1 i 1 -J I ' i 21' • a ,� a, :� ., ' 1 ' i I , : 1 1- —1 -1 X1:1- 1• —I•. I. 44 • • • o•• IQ v ,.� 'J ' aJ ` '1 • • _ • •i ` • • 1 1 • • 1 1 1 11. 4 1' - FRONT. 120. 0 IL 565 p O. AG d • T. L. 564 0.12 Ac. /zoo* WASHINGTON T. r 459 0./4 AC. 65.51' • p• . 60' 1 T1i;' a 5 1 L. I . ;J'" a :I : s .1 of a =J. aJ 1 •1 sj :I / 1. 1 n T..., ,.,..1-.. ..1.: . i 1 _ .... :I-I -a TR . • 38 • ' q •R ik y 0 6 ' 1I 1 21 21 �� :• a 2 : $1 s : s s .1 1 1. � ' .i 1 i - 1 * 0 � - 1 - 1 . 1 - 1 » —_ - 1 - 1 - 1 • C 6 - I.1 •12 ' s j . !f$j afe si a . 1 I 1 'I I 1 , 45 • . ; • J 1 . .o 1`• : J; 1 g '. 1 1 1 1 l . 1 1: 1 11, 74• T. L. 455 1.53 AC. iae.340 120.0 - STREET ND . '2. its ao' - 1 - I I -1 1 I . I 051 •1 •j •I •1 •i ! 1 1 1 1 1 *0! . 1 -1 -1 1 - t• 2 h 1 /6 • s a- a a , pQ STREET /"/C.f1c7/ 1 • T.L.493 0.5/ AC 210 13 11 109 8 7 /s •. V • { • • 1 KENNETH D. LATHRUM & ASSOCIATES, P.C. STRUCTURAL ENGINEER 1901 N. 81ST STREET v � d • I \le 10/0E A. 2- ---q 5 "'17 PROJECT /ieCil/t/ /i 1 L. ,�- e ra i tHD f - . 3/8 X T L /4 1/D i1 /JGHGe 47 /12.'4Y4 ''ch-! S'W iri c. '5 7 �f L /a%f ICJ ,J- f• �• /' 4 -- % c� y : l �_ /2 ( $ Gfi .47 L&s � L�t �: • r '� '_./ /1 Wl 7- ti.;k>e • 170 4 J — L. 1 - 4 /mac' arfit; r; 7'JJ SHEET NO ^G 7F 3 BY ' I.' OATEFl / a l ct — EL -;--- I • to.47: 10 '67A.) PIP fr,4 /L • . ( V 1 7..e4 4-- 1 f XENNETH D. LATHRUM & ASSOCIATES, P.C. STRUCTURAL ENGINEER 1 . 1901 N. 81ST STREET . OMAHA, NEBRASKA 58 t 14 . . . 1 25 1 - 2 - 71:16 1t • .' 7 4 1- 1 0 1- // • ANGT/Ii-' T2 1 . v 44" 4 A.4/•-• Airt ck - - -- • /4 4i.c4-1;.2.. 47 1 211 1D . E .../1 7 4 1 . . ..4-4 1 -14 74 6111/2-:27"1 c*-511 / I i. . l e / 1 1 1 Lt04g Z ) l/4 I 1 • kv-i. Go7-d.;• *ta" '- 5E67420 /2 2 PROJEC1 / /74' /5LAhe- ) /Zole,:k gA7E 5 4, w."3 = - • • 3 /4 Imzi, V:-7; r omr Al-r" 1 LD,' t.a P 1,1- ( • Lp .•••••• ■-• - ICE I4 LCII limn' Fare. 512e e 7 eAR • Of N# ‘/??If SHEET NO / OF BY DATE If • .Q 9 W2 a c. fio ff. STRUCTURAL STEEL COPY FILE 89063A 2. ALL STRUCTURAL STEEL BOLTS SHALL BE 3/4" DIAMETER AST( A -307 UNLESS NOTED OR SPECIFIED OTHERWISE. BOLTS SHALL HAVE WASHERS ON BOTH SIDES AND THE THREADS BURREO TO PREvENT THE NUT FROM BACKING OFF. 4. ALL STRUCTURAL STEEL SHALL BE A -36 UNLESS NOTED OR SPECIFIEO OTHERWISE. 5. STEEL SHALL BE THOROUGHLY CLEANED OF MILL SCALE PRIOR TO APPLICATION OF THE PRIMER 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; 1. CONFORM TO THE REQUIREMENTS OF THE FOLLOWING COOES AND REFERENCES. AISC "COOE OF STANDARD PRACTICE FOR STEEL BUILDINGS AND BRIDGES" (EXCEPT DELETE THE FIRST TWO SENTENCES UNDER PARAGRAPH 4.2.1); AISC "SPECIFICATIONS FOR THE DESIGN. FABRICATION. AND ERECTION OF STRUCTURAL STEEL FOR BUILDINGS ". INCLUDING "COMMENTARY "; AWS "STRUCTURAL WELDING CODE - STEEL "; CON ?LY WITH APPLICABLE PROVISIONS EXCEPT AS OTHERWISE INDICATED. 3. ALL WELOS SHALL BE WITH E 70 ELECTRODES AND SHALL BE SIZED TO RESIST THE MEMBER FORCES OR TO DEVELOP THE CONNECTION OR MEMBER CAPACITY. HVA ADHESIVE.ANCHOR BY HILTI REDI CHEM ANCHOR BY PHILLIPS ANCHORS CONFORM TO MANUFACTURERS RECOMMENDATION FOR SPACING, EDGE DISTANCE AND EMBEDMENT LENGTH. KENNETH D. LATHRUM & ASSOCIATES, P.C. PROJECT /4 . G.-2 - 11 , 11-MS - L. TR- 1, % SHEET NO "' OF --) STRUCTURAL ENGINEER i 1901 N. 81ST STREET (7 14 J.3 -t: L!//14 7o 41 - e:..l Jr, 1,4z- BY KO - DATE L72457- / OMAHA. NEBRASKA 68114 AMENDED EASEMENT This Amended Easement made this 22nd day of May, 1990, 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 ". This Amended Easement replaces the easement previously granted over and across the real estate 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 40.5 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. 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 32.0 feet to the point of beginning; thence continuing South a distance of 11.0 feet; thence East a distance of 4.0 feet; thence North a distance of 11.0 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 adjacent 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. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA A MUNICI CORPOR ION BY 111 M STANLEY JE MAYOR ennis E. Pestal 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 oZ day of May, 1990. • Gook Im mo e t waft (10,...--.,a FA., ALICELMEINKMUN NOTARY PUBLIC WollapAilmLUD STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 May, 1990. NOTARY PUBLIC • 1 G TTY -State of Negras AUCE L DIEDRICHSEN My Comm. Exp. Nov. 1,1993 l I II .k5 III 1 1 111 l I Ii1, L1 1 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 27 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the perpetual care fee for grave spaces on which perpetual care has not previously been paid is hereby set and established to be a one time fee of $30.00. BE IT FURTHER RESOLVED THAT this resolution shall be in full force and effect upon its adoption and publication as pro- vided by law. COUNCILMEMBER Long. MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS Ryan._ Jteyzlik, Tong. R»hr, Vinton, Shotwel 1 and Jenny VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF JUNE, 1990. ATTEST: O c4°J1. J c) 4 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) _-STATE:OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY 46FL, M. STANLEY JENS YOR ALICE I. 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 12th day of June, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the Mayor and City Council deem and recognize that it is equitable to establish a rural single family residential and commercial water rate charges for water from the municipal water system which is provided to customers that utilize said water service outside of the municipal corporate limits, depos- its, and minimum bills for same. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the following rural residen- tial and commercial water rates, including but not limited to monthly customer charges and minimum bills are hereby set and established for customers of the municipal water system utilizing water from the municipal water system outside of the corporate limits of the City of Blair. Rural Single Family Residential Water Rates Customer Charge, Per Month - Per Meter Size First 15,000 CF /Month, Per HCF 1.165 Balance, Per HCF 0.6351 MINIMUM BILL: Per Meter Size MINIMUM BILL: RESOLUTION NO. 1990- 28 Rural Commercial Water Rates Customer Charge, Per Month - Per Meter Size First 65,000 CF /Month, Per HCF 1.165 Balance, Per HCF 0.6351 Per Tap Size MINIMUM BILL BY METER SIZE Water Deposit 5/8" (Residential) $ 10.50 5/8" (Commercial & Industrial) 10.50 1" 18.50 1 1/4 " or 1 1/2" 32.25 $ 75.00 75.00 100.00 125.00 2" 2 1/2" 3" 4" 5" 6" 7" 8" BE IS FURTHER RESOLVED that the rates, charges, deposits, and minimum bill for the water service as specified and set forth herein shall become effective upon adoption of this resolution and publication as required by law. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Ryan, Revzlik, Long, Kuhr, Shotwell, Vinton and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF U?.),19 9 0 . CITY OF BLAIR, NEBRASKA ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE ( OF : NEBRASKA ) )ss WASHINGTON COUNTY ) BY 43.05 67.20 96.60 172.20 268.80 387.45 527.10 688.60 M. STANLEY JE 150.00 200.00 300.00 600.00 600.00 600.00 600.00 600.00 MAYOR ALICE I. 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 12th day of June.1990. O tioPAA.1 1 :4.41.1.--pt..) ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER RESOLUTION NO. 1990- 29 Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: A RESOLUTION ESTABLISHING AND SETTING TAPPING FEES, REGULATIONS, POLICIES, AND CONDITIONS FOR TAPPING OF THE MUNICIPAL WATER LINE OBTAINED FROM THE OMAHA PUBLIC POWER DISTRICT RUNNING ALONG AND ADJACENT TO U.S. HIGHWAY 75 FROM THE SOUTHEAST CORNER OF THE MUNICIPAL LIMITS TO THE WATER LINE RUNNING BETWEEN THE OMAHA PUBLIC POWER DISTRICT RESERVOIR AND TRAINING CENTER LOCATED AT THE FORT CALHOUN NUCLEAR PLANT SITE AND FOR ALL OTHER CUSTOMERS OF THE MUNICIPAL WATER SYSTEM UTILIZING WATER SERVICE OUTSIDE OF THE CORPORATE LIMITS NOTWITHSTANDING THE LOCATION OF SUCH TAP. WHEREAS the Omaha Public Power District has transferred to the City of Blair an eight inch water main running adjacent to U.S. Highway 75 from the municipal corporate limits to a line running between OPPD's reservoir and the Training Center located at the Fort Calhoun Nuclear Power Plant site; and, WHEREAS, pursuant to such agreement the City of Blair is required to move a water pit and install certain other back flow and related equipment; and, WHEREAS, it is necessary that the City recoup such expenses from those utilizing said water line; and, WHEREAS, the City of Blair further pursuant to said agreement is required to maintain and repair such line at Blair's expense; and, WHEREAS, the Mayor and City Council desire to establish certain policies and procedures with regard to tapping of such line deem and for all other customers of the municipal water system utilizing water outside of the municipal limits, notwith- standing the location of such tap. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the following tap- ping fees, policies, regulations, and conditions for water usage and tapping of the eight inch water main obtained from OPPD running along and adjacent to U.S. Highway 75 are hereby set and established as follows, and for all other customers of the munic- ipal water system utilizing water outside of the municipal lim- its, notwithstanding the location of such tap. 1. Any person, company, corporation, or other entity re- questing service from such OPPD water line or for service utiliz- ing water outside of the municipal limits shall make application therefore at the office of the City Clerk of the municipality. Such applicant and any other persons, companies, corporations, or other entities that will be receiving service shall also execute and deliver to Blair an agreement approved by Blair governing and regulating the terms and conditions of such water service. 2. Only one single family dwelling per tap shall be allowed to utilize service from such tap unless prior authorization is granted for a dual or multiple tap after recommendation by the Director of Public Works and approval therefore has been granted by the City Administrator. In the event more than one single family residence is served by a single tap, the water shall be individually metered. Each consumer of such water shall be responsible for maintenance and repair of the water line from the main tap to the meter. 3. All construction of the meter pit, tap, shut off valve, back flow restrictor, and water line from the main to the meter shall have plans and specifications approved by the Director of Public Works prior to commencement of any construction. All construction shall be subject to City inspection. All connec- tions to such main shall contain a proper back flow prevention which shall be approved prior to construction by the Director of Public Works. All water lines between the main tap and the meter shall be pressure tested to specifications and requirements of the Department of Utilities. 4. No cross connections of any nature or kind shall be allowed between the City of Blair water system, a system served by the City of Blair water system, and any private well system or other water system of any nature or kind. 5. If a meter pit is required, a meter pit shall be re- quired to be set adjacent to the State right of way in the adja- cent vicinity of such tap. The applicant shall be responsible for and shall obtain any and all easements necessary for the placement of such water pit. The exact location of such meter pit shall be approved prior to construction by the Director of Public Works. 6. The following minimum water line size tap shall be required for the respective usage. 1" for one single family dwelling 1.5" for two single family dwellings 2" for more than two single family dwellings PROVISIONS APPLICABLE SOLELY TO SERVICE FROM AND TAPPING OF THE WATER LINE OBTAINED FROM OPPD RUNNING ADJACENT TO AND ALONG U.S. HIGHWAY 75. 7. The applicant and any other entity obtaining service from such tap shall each pay a separate tapping fee which shall be in the amount of $250.00 for any tap of up to a two inch line. In addition thereto, the applicant shall also pay all installa- tion charges for the placement of a meter pit and other tapping supplies necessary for such tap, excluding, however, the meter therefore which shall be furnished by the City of Blair and remain property of the municipality. 8. In the event of a six inch tap or greater, the appli- cant shall pay a Five Hundred Dollar ($500.00) tap fee and shall also be responsible for all other installation charges excepting the water meter which shall be provided by the City. In the event of all such taps, the line shall consist of a minimum of six inch ductile iron or an approved equivalent, and shall be constructed to a point not less than five (5) feet beyond the State right of way line. At that point the applicant shall install a six inch fire hydrant. 9. For all such service from such water line, the City of Blair shall and does hereby reserve the right to temporarily discontinue service to any of such customers of the municipal water system in the event that it is necessary to temporarily reduce or terminate such service as a result of the City's re- quirements to provide water service to Omaha Public Power Dis- trict as part of the agreement wherein said water line was trans- ferred to the City of Blair. 10. In addition to any other tapping fees, installation charges, and any other charges as set forth herein, the applicant shall in addition thereto pay and remit to the City of Blair a fee for such water service pursuant to an Agreement between the City of Blair and the Omaha Public Power District dated May 8, 1990. PROVISIONS APPLICABLE TO WATER SERVICE OUTSIDE OF THE MUNICIPAL LIMITS WHERE WATER IS METERED WITHIN THE CORPORATE LIMITS. 11. For all taps from two to six inches, the tapping fee shall be Five Hundred Dollars ($500.00). 12. The applicant and any other approved person or entity obtaining service from such tap shall each pay a separate tapping fee which shall be in the amount of $250.00 for any tap of up to a two inch line. In addition thereto, the applicant shall also pay all installation charges for the placement of a meter pit and other tapping supplies necessary for such tap, excluding, howev- er, the meter therefore which shall be furnished by the City of Blair and remain property of the municipality. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Revzlik. Rvan. Lone. Shotwell. Vinton. Kuhr and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th:__ DAY OF JUNE, 1990. CITY OF BLAIR, NEBRASKA ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) BY M. STANLEY JENSF,YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 12th day of June, 1990. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1990- 30 COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with a technical service agreement between the City of Blair and Systems Service Co., 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 Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Vinton UPON ROLL CALL, COUNCILMEMBERS Long, Vinton, Shotwell, Ryan, Reyzlik, Kuhr and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF JUNE, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS YOR STATE OF NEBRASKA )ss WASHINGTON COUNTY ) ALICE I. 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 12th day of June, 1990. 0 A4-624?-42- ALICE I. DIEDRICHSEN, CITY CLERK An AUTOMATIC SYSTEMS Company CUSTOMER: CITY OF BLAIR 218 South 16th Blair, NE 68008 TECHNICAL SERVICE AGREEMENT AGREEMENT i79045STPWTPAAA SYSTEMS SERVICE CO. Customer agrees to purchase and Automatic Systems Co. agrees to furnish, at the site of installation indicated below, a program of Technical Service consisting of: (a) Equipment Inspection, (b) Equipment Cleaning, (c) Equipment Lubrication, (d) Equipment Calibration /Alignment, (e) Equipment Troubleshooting to Module and (f) Installation of Replacement Modules. This Technical Service shall be provided on a regularly scheduled basis, and under non - scheduled conditions, on the equipment listed below, in accordance with the terms and conditions contained in this Agreement. SITE OF INSTALLATION: Wastewater Treatment Plant, VFD Water Booster Station, and Water Treatment Plant at Blair, Nebraska SPECIFIED WASTEWATER TREATMENT PLANT EQUIPMENT: 1 Lot Wastewater Treatment Plant Autocon controls supplied under Autocon F.O. #151188 consisting of controls mounted within units referred to as: Autocon Unit A Lift Station MCC Autocon Unit B Sludge Building MCC Autocon Unit C Process Control Building MCC Autocon Unit D Operation Building MCC Autocon Unit DD Master Control Console 6 Fischer & Porter mag flow meters, serial numbers 7409Al260J1 through 7409Al260J6 10 RCS MAR25 -30 -4 valve actuators 2 Delta Scientific D.O. sensors, serial number's and ❑ MAIN OFFICE: ❑ BRANCH OFFICE: ❑ BRANCH OFFICE: ELECTRICAUMECH. EQUIPMENT SERVICE • REPAIR/REPLACEMENT PARTS • SERVICE CONTRACTS P.O. BOX 787 P.O. BOX 88 P.O. BOX 26490 AMES, IOWA 50010 BOYS TOWN, NE 68010 ST. LOUIS PARK, MN 55426 PHONE 515 - 232 -4770 PHONE 402 - 330 -8131 PHONE 612- 545 -2900 SPECIFIED VFD BOOSTER EQUIPMENT: 1 Lot Booster Station Autocon controls supplied under Autocon F.O. #163480 consisting of controls mounted within units referred to as: Autocon Unit A Booster MCC Autocon Unit B Remote Alarm 1 Inventron PC 30 Ultrasonic level monitor, serial #3498 SPECIFIED WATER TREATMENT PLANT EQUIPMENT: 1 Lot Autocon controls supplied under Autocon F.O. #173144 consisting of controls mounted within units referred to as: Autocon Unit A South Storage Tank Autocon Unit B West Storage Tank Autocon Unit C Master Panel Autocon Unit E Raw Water Pumps 2 Leeds and Northrup series 475 -1 raw water flow meter, serial numbers 82 -3 -32 and 81 -10 -696 1 Mead finished water flowmeter, serial #2509 1 Inventron PC15 clearwell level monitor, serial #3887 1 Inventron PC15 reclaim basin monitor, serial #3886 TERMS AND CONDITIONS 1. PREREQUISITE INSPECTION AND REPAIR: If the equipment covered by this Agreement was not being maintained by Automatic Systems Co. immediately prior to the commencement date of maintenance under this Agreement, the equipment shall be subject to inspection by Automatic Systems Co. to determine if it is in good operating condition. Any repairs or adjustments then deemed necessary by Automatic Systems Co. to bring the equipment up to good operating condition, shall be made prior to commencement of maintenance service. These initial repairs /adjustments will be billed at our Standard Service Rate as specified in Article 6, plus required parts. 2. TERM OF TECHNICAL SERVICE: The term of technical service shall continue for one (1) year from the commencement date. The commencement date is defined as the day after completion of the initial repairs and /or adjustments provided in Article 1 above or specifically as noted in Article 10. 3. SERVICE RESPONSIBILITIES OF AUTOMATIC SYSTEMS CO.: a) Regular Scheduled Service 1. Automatic Systems Co. shall, for the total charges set forth in Article 7, provide: Two (2) scheduled service calls. These calls shall be scheduled on a six (6) month interval, July and December. 2. Each scheduled service call shall include a thorough examination of all equipment covered by this Agreement and complete calibration shall be accomplished if necessary. 3. The scheduled service calls shall be at the convenience of both the plant staff and Automatic Systems Co.'s service department. b) Remedial /Repair Service Remedial /Repair Service fl-}- wi.}.}.- lie -e1 &rgcd- a44 -rate- rtoted -err Artie1e -6e (2) is included in annual charges set forth in Article 7. When notified of equipment problems or difficulties Automatic Systems Co. will use its best efforts to provide technical assistance and /or repair service as needed. c) Emergency Service 1. Emergency Service {-1} ve l.1.- He- ellargecl- at- rate- teel- ft Arti-ele -6e7. (2) is included in annual charges set forth in Article 7. 2. Emergency service shall be provided as needed when in the judgement of the customer, a severe emergency exists due to failure and /or malfunction of equipment covered by this Agreement that would prevent the system from being operated in the hand /manual mode. 3. When requested by the customer, emergency service will be provided within 24 hours regardless of day or hour of the customers request. Automatic Systems Co. can, when requested by the customer, provide additional technical service and /or make repairs to Customer -owned equipment not listed in this Agreement. See Article 5 and Article 6 for charges for this service. Maintenance or repairs attributable to unsatisfactory attempts by the Customer to repair or maintain the equipment, fault or negligence of Customer, improper use or misuse of the equipment by Customer, or causes external to the equipment, such as, but not limited to, power failure, air condition failure, explosions, acts of insurrection, catastrophe and acts of God, shall not be considered due to normal wear or tear and, therefore, are not covered by this Agreement. 4. PARTS: a) The Customer is responsible to purchase all parts required to keep the systems in operational order. b) The Customer has the option of purchasing any replacement parts from Automatic Systems Co. or from any other vendor. c) If the Customer elect to purchase other than exact or capable replacement parts, and installation of such parts involves rewiring, remounting, or otherwise changing the original design of the equipment; then the Customer will be responsible to pay Automatic Systems Co. for labor to modify the panels at charges specified in Article 6. 5. ADDITIONAL CHARGES: In addition to the charges set forth in this Agreement, the Customer shall pay all charges for: a) Labor, parts and other expenses, such as, but not limited to, travel expenses for maintenance or repair due to causes not attributable to normal wear and tear, due to the fault or negligence of Customer or due to causes reasonably within Customer's control. b) Labor, parts, and other expenses, such as, but not limited to, travel expenses for any repairs or adjustments deemed necessary and performed by Automatic Systems Co. as a result of the inspection under Article 1. c) Labor, parts, and other expenses, such as, but not limited to, travel expenses for emergency service in addition to the emergency service specified in Article 3c. Charges for all labor and mileage shall be at Automatic Systems Co.'s published rates as specified in Article 6. Charges for labor shall include travel time to and from the installation site and be computed to the nearest one -half (1/2) hour with a minimum charge per call based upon a two (2) hour period. Travel costs, such as per diem, lodging, parking and tolls, will be invoiced to the Customer as incurred. 6. RATES FOR ADDITIONAL SERVICE: a) Scheduled Service on equipment not listed in this Agreement and /or prerequisite service in Article 1. $80.00 /hour and $ .50 /mile b) Emergency or Demand Service on equipment not listed in this Agreement. $120.00 /hour and $ .50 /mile Automatic Systems Co. may change the rates (1) year from the commencement date of technical service under this Agreement. Scheduled Service is defined as all scheduled service performed between the hours of 7:00 A.M. and 6:00 P.M., Monday through Friday, excluding Automatic Systems Co. holidays. Emergency or Demand Service is defined as all non - scheduled service rendered immediately per customer's request regardless of day or hour. 7. INVOICES AND PAYMENTS: 1 3p Q .Z S0, Annual Service Charges for Labor Only: Technical service charges shall be payable on the commencement date as specified in Article 2, of this Agreement and shall be invoiced annually in advance. Any other charges, should they occur, shall be invoiced as they occur. 8. TERMINATION OF TECHNICAL SERVICE: Technical service under this Agreement shall not be subject to termination in whole or in part by either party until the expiration of one (1) year from the commencement date of technical service under this Agreement. 9. LIMITATION OF REMEDY: Automatic Systems Co. shall not be liable for any damages caused by delay in furnishing parts and services or any other services performed pursuant to this Agreement. The sole and exclusive remedy for any breach of warranty, express or implied, including any warranties of fitness or merchantability without limitation, including liability for negligence with respect to the services furnished under this Agreement, and all other services performed by Automatic Systems Co. pursuant to this Agreement shall be limited to restoring the equipment covered by this Agreement to good operating condition and shall in no event include any incidental or consequential damages. 10. COMMENCEMENT OF AGREEMENT: This Agreement will commence on May 1, 1990 and expire on May 1, 1990. AUTOMATI BY: TITLE: SERVICE MANAGER DATE: May 31, 1990 YSTEMS CO. CITY OF BLA)R BY: M. Stanley Jense/ TITLE: Mayor DATE: June 12, 1990 • COUNCILMEMBER . ATTEST: (SEALY RESOLUTION NO. 1990- 31 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and the State of Nebraska, Department of Roads, for Project No. F -75 -3 (1008) for the im- provement of U.S. Highway No. 75 North of Park Street to approxi- mately STA. 615 +00, 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 Long . UPON ROLL CALL, COUNCILMEMBERS Lone. Vinton, Rvan, Revzlik. Shotwell. Ruhr and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF JUNE, 1990. ALICE . DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEN STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 12th day of June, 1990. 0 4),(4.4/4 , ,, ,, ALICE I. DIEDRICHSEN, CITY CLERK f COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 32 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts, of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following spaces be designated as Handicapped Parking: the first two parking spaces on the West side of 20th Street South of the intersection of said 20th Street and Lincoln Street. The Street Department of the City of Blair is hereby authorized and directed to place handicapped parking signs reflecting the restricted parking area as established hereby and that following the passage and publica- tion of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said regulation. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Vinton . UPON ROLL CALL, COUNCILMEMBERS Long. Vinton. Rvan. Revzlik. Kuhr. Shotwell and Jennv VOTING "AYE ", AND COUNCILMEMBERS None "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF JUNE, 1990. ATTEST - ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY . STANLEY JENS M OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 12th day of June, 1990. Alice I. Diedrichsen CITY CLERK 5 COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 33 WHEREAS, Section 5 -407 of the Municipal Code of the City of Blair, provides that the governing body may by resolution direct the flow of traffic on any street or alley within the Municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that traffic shall travel one -way only going East in the alley from 13th Street to 14th Street in Block 49 in the Original Townsite of Blair, Washington County, Nebraska. The Street Department of the City of Blair is hereby authorized and directed to place signs reflecting such one way traffic in said alley as established hereby and that follow- ing the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said regulation. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Kros, Long, Vinton, Shotwell, Jenny,- ,Reyzlik and Kuhr VOTING "AYE ", AND COUNCILMEMBERS None , VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26th DAY OF JUNE, 1990. ATTEST: 0-4EA-- 0-t ALLCE_I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAI', NEBRASKA M. STANLEY JENSEDQ, OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 26th day of June, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER WHEREAS, a license H.M.H.C., Inc. , 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 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 said Agreement. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Long, Kros, Kuhr, Vinton, Shotwell, Reyzlik and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF JUNE, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1990- 34 Reyzlik INTRODUCED THE FOLLOWING RESOLUTION:- the Mayor and City Council have been presented with agreement between the City of Blair and that - the Agreement attached hereto and necessary for approval of CITY OF BLAIR, NEBRASKA M. °STANLEY JENS /, %'Y�R STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 26th day of June, 1990. al A - ) ALICE I. DIEDRICHSEN, CITY CLERK Exhibit "A" LICENSE AGREEMENT This License Agreement made this 26th day of June, 1990, by and between the City of Blair, hereinafter referred to as "Blair ", and H.M.H.C., INC., a Nebraska corporation, hereinafter referred to as "Licensee ". Whereas, the City of Blair is the owner of the alley running East and West between 13th and 14th Streets in Block 49, in the original Townsite of the City of Blair, Nebraska; and, Blair has the full and complete control over the said dedi- cated alley; and, Whereas, the Licensee is in possession of the following described real estate to -wit: Lots 4, 5, and 6 in Block 49, less Highway right of way in the Original Townsite of the City of Blair, Washing- ton County, Nebraska, and that upon such real estate is located a Runza Hut drive in restaurant; and, Whereas, Licensee desires to locate its drive thru window ordering board on property owned by the Licensee and adjacent to the alley described hereinabove; and, Whereas, locating such license board adjacent to the alley results in and necessitates vehicles stopping on the alley re- ferred to hereinabove for the purpose of placing orders at the drive thru window ordering board at such Runza Hut drive in restaurant; and, Whereas, Licensee has requested and desires a license for the utilization of such alley for vehicles stopping to place orders at such drive in window order board. Now, therefore, Blair hereby grants to the Licensee a li- cense and authority to utilize the alley described hereinabove adjacent to the real estate owned by the Licensee as described herein for the purpose of vehicles stopping to place orders at the drive thru order board as previously described. This license and authorization shall be limited to strictly the purposes as set forth herein, and no other use of such alley by the Licensee except as it allowed by virtue of the dedication as a public way of such alley is implied, authorized, or intended hereby. No modification or alteration of this license shall be made without specific authorization in writing from Blair authorizing and consenting to any such modification. This license and authorization shall continue until such time as Blair desires to terminate same. Such termination may be with or without cause, and shall be in the sole and absolute discretion of Blair. No prior notice of or a hearing of such termination shall be required. Blair shall, however, give notice in writing of such termination not less than fifteen (15) days prior to the termination date. The notice of termination may be given to the Licensee by Blair by regular United States mail, postage prepaid. In the event and at such time of the termina- tion of this license, the Licensee shall take all necessary steps to terminate the use as authorized hereby. Any such required and necessary steps shall be taken by the Licensee at its own ex- pense. It is further understood and agreed that Blair shall not be liable to the Licensee for any damages whatsoever upon termina- tion of this license authorization, and the Licensee shall have no recourse whatsoever to prohibit the termination. The Licensee further hereby agrees to save harmless and indemnify Blair from any and all claims, causes of action, dam- ages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as the result of the utilization of such alley for vehicles stopping to place orders at such drive in window order board. Such indemni- fication and save harmless shall apply not only to Blair but shall apply as well to any claims causes of action, damages, injuries, or any other liabilities of any nature or kind sus- tained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification and 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 use of said alley for vehicles stopping to place orders at such drive in window order board and the Licensee shall further be liable to the municipali- ty for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This License Agreement may not be assigned by the Licensee and the rights under this agreement shall not run with the land but shall terminate upon relinquishment of the possession of the Runza Hut premises by the Licensee. This License Agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY M. STANLEY JEN YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) H.M.H.C., INC., a Nebraska Corporation, LICENSEE BY Its duly authorized officer. 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 License Agreement and acknowledged the execution thereof to be his volun- tary act and deed. WITNESS my hand and seal this 26th -. day of June STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) , 1990. Wet ``.. I 111 MOM �. NE /j �^�J n 1O7 1� Vl�.l.ff l� C-(✓ A / .4 !!Y NOTARY PUBLIC Before me, the undersigned, a to y Public in and for said county and state, personally came ,tA.a -d 54/. Nc.4fsem , to me duly authorized officer of H.M.H.C., INC., a Nebraska corpora- tion, to me known to be the identical person who signed the above and foregoing License Agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and seal this o 28 /day of GENERAL NCRAWfitato 011101102 ON L AV 1993 My Comm. ARY P� COUNCILMEMBER RESOLUTION NO. 1990- 35 Kro4. INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government authorized to file an applica- tion under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Pro- gram; and, WHEREAS, the City of Blair, Nebraska, has obtained its citizens' comments on community development and housing needs, has conducted a public hearing upon the proposed application, and received favorable public comment respecting the application, for an amount of Two Hundred Thirty -Three Thousand Five Hundred Dollars ($233,500.00) for the extension of the City's sanitary sewer system into the target area outlined on maps accompanying application. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Blair, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all con- tracts, documents, or other memoranda between the City of Blair and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Long, Reyzlik, Vinton, Kros. Kuhr. Jenny and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED ANp ADOPTED THIS _26th DAY OF JUNE, 1990. CITY OF BLAIRJ NEBRASKA BY M. S ANLEY JENSEN Q I i IiII I!I .i.I iI 131 uuJe ATTEST: .LICE I. DIEDRICHSEN, CITY CLERK (SEAL)'', STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 26th day of June, 1890. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following spaces be designated as Handicapped Parking: along the West side of 16th Street from 129 feet to 164 feet North of centerline of Lafayette Street. The Street Department of the City of Blair is hereby authorized and directed to place handicapped parking signs reflecting the restricted parking area as established hereby and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said regulation. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Revzlik. Rvan, Kros, Kuhr. Lone. Shotwell and Jenny , VOTING "AYE ", AND COUNCILMEMBERS None "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10th DAY OF JULY, 1990. ATTEST: (SE RESOLUTION NO. 1990- 36 ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY r4-' M. STANLEY JENSE ,, M OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 July, 1990. a& J . DA;e- cL ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990 -37 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 Adams Street from 10th Street to 16th Street on the North and South sides of College View Drive from Adams Street to the Southeasterly borders of Lots 1 and 39 in 66 Heights, on the South side of Adams Street from 15th Street to 16th Street and on the North and South sides of Adams Street from the Northeast corner of Tax Lot 556, Section 11, Township 18 North, Range 11 East of the 6th P.M., westerly to College View Drive, in the City of Blair, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking signs reflecting the no parking area as established hereby at necessary intervals along said no parking area and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said prohibition. COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Lone UPON ROLL CALL, COUNCILMEMBERS R?vzlik. Long, Shotwell, Ryan and Kuhr VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF JULY, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY ��'/• M. STANLEY JENSE ALICE I. 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 24th day of July, 1990. _:.P .0 ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Kuhr INTRODUCED THE RESOLUTION: RESOLUTION NO. 1990- 38 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the rates and charges for customers of the municipal water works system and municipal sanitary sewer system of the City of Blair are hereby set and determined as follows: Residential - City Customer Charge, Per Month, Per Meter Size First 15,000 CF /Month, Per HCF 1.035 Balance Per HCF 0.515 Minimum Bill: Per Meter Size Commercial - City Customer Charge, Per Month, Per Meter Size First 65,000 CF /Month 1.035 Balance, Per HCF 0.515 Industrial - City or Rural Customer Charge, Per Month, Per Meter Size Commodity Charge, Per HCF .515 Industrial rate is applicable only to customers with water usage at or greater than 100,000 CF /Month and used in manufacturing process. City shall charge all departments at industrial rate with no minimum. City reserves the right to negotiate bulk rates for usage over 500,000 CF per month. Rural - Single Family Dwelling Customer Charge, Per Month, Per Meter Size First 15,000 CF /Month, Per HCF 1.1850 Balance Per HCF .6650 Minimum Bill: Per Meter Size Rural - Commercial Water Rates Customer Charge, Per Month, Per Meter Size First 65,000 CF /Month, Per HCF 1.1850 Balance Per HCF .6650 Minimum Bill: Per Meter Size 5/8" Residential $ 5.00 5/8" Comm. /Ind. 7.50 1" 11.50 1 1/4" or 1 1/2" 25.00 2" 45.00 2 1/2" 70.00 100.00 4" 175.00 5" 275.00 6" 400.00 550.00 8" 700.00 3n 7" Minimum Bill By Meter Size City Water Rural Water Sewer $10.50 12.50 18.50 32.25 45.00 70.00 100.00 175.00 275.00 400.00 550.00 700.00 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 43.55% of the average winter quarter water bill. The minimum sewer use fee for single resi- dences if $5.00 per month. The sewer use fee for multiple dwell- ings is the number of units times $5.00, 43.55% of the average winter quarter water bill, or 43.55% of the water charge based on the meter size, whichever is greater. The minimum sewer use fee for commercial customers is $5.00 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 $5.00 per month. Industrial $ 5.00 5.00 5.06 11.63 20.73 32.36 46.51 82.91 129.43 186.56 253.80 331.56 Rural Deposit $ 75.00 75.00 100.00 125.00 150.00 200.00 300.00 600.00 600.00 600.00 600.00 600.00 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. BE IT FURTHER RESOLVED that such rates and charges shall be in full force and effect and shall be charged commencing Septem- ber 1, 1990. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik UPON ROLL CALL, COUNCILMEMBERS Reyzlik,'`.Ryan, Long, Shotwell and Kuhr • VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF JULY, 1990.. ATTEST: Q X A r e 0 a s e .rtiA .1 a� ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA M. STANLEY JENSFF, OAYOR BY ALICE I. 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 24th day of July, 1990. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Long INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 39 ATTEST: 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: Packers $ 3.00 Automobiles $ 3.00 Pickup trucks, Trailers (pickup size and smaller) and vans $ 7.00 Dump trucks and trailers, 5 to 10 cubic yards $1 Large trucks and trailers (10 cubic yards and greater) $20.00 per cubic yard 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 September 1, 1990. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan UPON ROLL CALL, COUNCILMEMBERS Rvan. Revzlik. Lone., Ruhr and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF JULY, 1990.. nn 1 n e ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLA R, NEBRASKA BY M. STANLEY JENSE, OR STATE OF NEBRASKA ) )55 WASHINGTON COUNTY ) ALICE I. 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 24th day of July, 1990. ALICE I. DIEDRICHSEN, CITY CLERK ATTEST: �.. °c-Q TA .¢— AQ11.c .t'/6a/LZAv� ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) BY RESOLUTION NO. 1990- 40 COUNCILMEMBER Ryan INTRODUCED. THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and the State of Nebraska, Department of Roads, for the installation of flashing beacons on Highway US- 75/13th Street from 200 feet south of Butler Street to 200 feet north of South Street in the City of Blair, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A "; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the Agreement attached hereto 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 Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reyzlik UPON ROLL CALL, COUNCILMEMBERS Long, Reyzlik, Kuhr, Shotwell and Ryan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF JULY, 1990. CITY OF BLAIR, NEBRASKA M. STANLEY JENS OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 24th day of July, 1990. ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROAD FLASHING BEACON INSTALLATION FROM 200' SOUTH OF BUTLER STREET TO 200' NORTH OF SOUTH STREET IN BLAIR THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City ", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State "; WITNESSETH: WHEREAS, Highway US -75 enters and traverses the City partially on the street named Calhoun Boulevard, and WHEREAS, the State is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through such corporate areas as provided by • Neb.Rev.Stat. §39 -610 (Reissue 1984), and WHEREAS, it has been determined on the basis of an engineering study that a school speed zone beacon system is warranted at the above mentioned location in the interest of public safety, and WHEREAS, it is the desire of the City that said project be con- structed, as evidenced by the Resolution of the City Council dated the day of , 19 , attached hereto, identified as Exhibit "A ", and hereby made a part of this Agreement. WHEREAS, the City and State are willing to participate in such installation in accordance with the conditions hereinafter provided. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The State agrees to provide design standards and specifica- tions for the proposed installation at no cost to the City. SECTION 2. The State agrees to provide and install all necessary signs and pavement marking associated with the proposed installation at no cost to the City. SECTION 3. The State further agrees to furnish to the City the beacon, flasher controller with cabinet and time clock if required. The State will invoice the City for the actual cost of the State furnished equipment at the time this equipment is delivered to the City. The City agrees to pay the State within thirty (30) days of receipt of the invoice. SECTION 4. The City agrees to install or cause to be installed the equip- ment furnished by the State and further agrees to furnish and install or cause to be furnished and installed all other materials and miscellaneous items required to complete the subject beacon system, all at no cost to the State. SECTION 5. If the City performs any part of the work on this project itself, the City agrees to abide .by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126 (Reissue 1988). SECTION 6. The City agrees to operate, maintain, and keep in good repair the entire beacon system and to assume at its own cost all power required for its operation. All repair or replacement parts and materials used in the maintenance of the beacon system shall comply with State specifications and standards. SECTION 7. The State agrees to make available to the City any repair or replacement parts stocked by the State, for repair of the beacon system, if such parts are not readily available from other sources. When such repair or replacement parts are provided, they will be furnished to the City at the actual costs of the State. The City agrees to reimburse the State for such costs within thirty days after receipt of the invoice. SECTION 8. It is agreed by the parties hereto that the flashing beacon system shall operate only on school days, from 7:30 a.m. to 8:45 a.m. and from 3:00 p.m. to 4:00 p.m. SECTION 9. The State shall have sole authority in determining and con- trolling the sequence and the hours and manner of the beacon system operation. No change in these conditions shall be made without the prior approval of the State. SECTION 10. The City agrees to remove the flashing beacon equipment if conditions change and the flashing beacon system is no longer considered warranted by the State. The City will retain ownership of the flashing beacon system if such system is removed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the • dates below indicated. EXECUTED by the City this day of 19 . WITNESS: CITY OF BLAIR v ) . City Clerk Mayor EXECUTED by the State this day of Qr STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Engineering , 19 RESOLUTION NO. 1990- 41 COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with a n agreement between the City of Blair and the State of Nebraska, Department of Roads, for the installation of flashing beacons on Highway US- 75/19th Street from 100 feet south of Park Street to 100 west of 20th Avenue in the City of Blair, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A "; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that the Agreement attached hereto 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 Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Ryan, Kuhr, Revzlik, Long and Shotwell VOTING "AYE ", AND COUNCILMEMBERS NOnp VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF JULY, 1990. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 24th day of July, 1990. ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS FLASHING BEACON INSTALLATION FROM 100' SOUTH OF PARK STREET TO 100' WEST OF 20TH AVENUE IN BLAIR THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City ", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State "; WITNESSETH: WHEREAS, Highway US -75 enters and traverses the City partially on the street named 19th, and WHEREAS, the State is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through such corporate areas as provided by Neb.Rev.Stat. §39 -610 (Reissue 1984), and WHEREAS, it has been determined on the basis of an engineering study that a temporary school speed zone beacon system is warranted at the above mentioned location in the interest of public safety, and WHEREAS, it is the desire of the City that said project be con- structed, as evidenced by the Resolution of the City Council dated the day of 19 , attached hereto, identified as Exhibit "A", and hereby made a part of this Agreement. WHEREAS, the City and State are willing to participate in such installation in accordance with the conditions hereinafter provided. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The State agrees to provide design standards and specifica- tions for the proposed installation at no cost to the City. SECTION 2. The State agrees to provide and install all necessary signs and pavement marking associated with the proposed installation at no cost to the City. SECTION 3. The State further agrees to furnish to the City the beacon, flasher controller with cabinet and time clock if required. The State will invoice the City for the actual cost of the State furnished equipment at the time this equipment is delivered to the City. The City agrees to pay the State within thirty (30) days of receipt of the invoice. SECTION 4. The City agrees to install or cause to be installed the equip- ment furnished by the State and further agrees to furnish and install or cause to be furnished and installed all other materials and miscellaneous items required to complete the subject beacon system, all at no cost to the State. SECTION 5. If the City performs any part of the work on this project itself, the City agrees to abide ,by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb. Rev. Stat. §48 -1101 through 48 -1126 (Reissue 1988). SECTION 6. The City agrees to operate, maintain, and keep in good repair the entire beacon system and to assume at its own cost all power required for its operation. All repair or replacement parts and materials used in the maintenance of the beacon system shall comply with State specifications and standards. SECTION 7. The State agrees to make available to the City any repair or replacement parts stocked by the State, for repair of the beacon system, if such parts are not readily available from other sources. When such repair or replacement parts are provided, they will be furnished to the City at the actual costs of the State. The City agrees to reimburse the State for such costs within thirty days after receipt of the invoice. SECTION 8. It is agreed by the parties hereto that the flashing beacon system shall operate only on school days, from 7:30 a.m. to 8:45 a.m. and from 3:00 p.m. to 4:00 p.m. SECTION 9. The State shall have sole authority in determining and con- trolling the sequence and the hours and manner of the beacon system operation. No change in these conditions shall be made without the prior approval of the State. SECTION 10. The City agrees to remove the flashing beacon equipment and school speed zone upon the installation of the Wright Street signal. The City will retain ownership of the flashing beacon system if such system is removed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this day of , 19 WITNESS: CITY OF BLAIR City Clerk EXECUTED by the State this day of F l Mayor 1/ , 19 . STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Engineering COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 42 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, 1990, and ending July 31, 1991, was published in The Enterprise, the official newspaper of the City of Blair, on July 19, 1990, and, WHEREAS, said budget statement was prepared on Budget Form AP provided by the State of Nebraska and City of Blair budget forms and consists of sixty -three (63) pages including the notice referred to hereinabove and was filed with the City Clerk on July 16, 1990. 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, 1990, and ending July 31, 1991. 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, 1990, and ending July 31, 1991, for which appropriation is to be made, shall be as follows: FUND ALL SOURCES EST. ADVALOREM EST. General Fund $ 765,450.00 $ 636,790.00 Delinquent Tax Allowance -0- $ 12,735.00 Debt Service $ 161,956.00 -0- Street $1,127,140.00 -0- Landfill $ 130,262.00 -0- Blair Apts. $ 167,075.00 -0- Water $1,208,151.00 -0- CDBG (CD) $ 241,000.00 -0- Insurance $ 260,378.00 -0- Sewer $ 387,153.00 -0- Water Bond $1,040,143.00 -0- Sewer Bond $ -0- -0- Capital Outlay Res. $ 649,645.00 -0- CDBG (ED) $ -0- -0- MIRF $ 42,000.00 -0- 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 Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Revzlik UPON ROLL CALL, COUNCILMEMBERS Jenny, Ryan. Revzlik, Lona. Kros. Kuhr, Shotwell & Vinton VOTING "AYE" AND COUNCILMEMBERS none VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 31ST DAY OF JULY, 1990. ATTEST: �� N.c1L / 9 Ai , l' JAf iiA) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) AND BE IT FURTHER RESOLVED that the City Clerk is di- CITY OF BLAIR, NEBRASKA BY & (a+i t,4,- M. STANLEY JENSEN / /MA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 held on the 31st day of July, 1990. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1990 43 COUNCILMEMBER Long INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and Washington County, Nebraska, allowing the City use of certain premises in the Wash- ington County Law Enforcement Building, 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 An 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 Reyzli MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, Bros, Long, Vinton. T 11 VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE AYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS DAY OF AUGUST, 1990. CITY OF BLAIR, NEBRASKA BY ATTEST (tiki/A ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) be approved by the municipality. M. STANLEY JENS YOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 14th day of August, 1990. ALICE I. DIEDRICHSEN, CITY CLERK JOINT USE OCCUPANCY AGREEMENT This Lease entered into this _14 day of August, 1990, between Washington County, Nebraska, hereinafter referred to as "County ", and the City of Blair, Nebraska, hereinafter referred to as "City ". 1. Premises. For and in consideration of $1.00 and other valuable consideration, the County hereby agrees to allow the City use of the following premises located in the Washinton County Law Enforcement Building located on Block 75, City of Blair, Nebraska, to -wit: Exclusive use of Chief's Office, Lieutenant's Office, Detective's Office, and Sergeant's Office. Joint use of Interview Room, Squad Room, General Office, Booking Room, Sally port, and all Hallways. The portion of the basement currently used as an exercise area shall be in the exclusive control of the City, and the City agrees to hold the County harmless for any injury to any person occurring in this area. 2. The City agrees to relinquish such area on ten (10) days notice and upon showing of a good cause of the County for need of the area. It is agreed that the Sally port shall be used exclusively for the parking of vehicles only during such time as prisoners or persons in custody are being loaded or unloaded. It is specifically agreed that it shall not be used for the parking of any vehicles other than fbr the intended purpose. 3. Term. The term of this lease shall be year to year commencing August 1, 1990, and may be terminated either by mutual agreement or by one year written notice. 4. The Sheriff shall have the control of and responsibility for the dispatching operation. 5. The County warrants and represents that it is in compliance with all wage and hour laws concerning the payment of the dispatchers. The County hereby agrees to save harmless and indemnify the City from any and all claims, causes of action, suits, or any liabilities of any nature or kind brought by any of the dispatchers as a result of the County's noncompliance with any provisions of the Fair Labor Standards Act or any other rules, regulations, or statutes governing and dealing with wage and hour regulations. It is • further agreed that this save harmless and indemnification shall apply to all time periods previous to this Agreement and commencing with the construction of the joint law enforcement facilities. It is further agreed that the save harmless and indemnifications provision shall continue during the term of this Agreement and thereafter and during the term of any subsequent Agreement so long as the dispatchers are under the direction, control, and direct payment of the Sheriff or the County and there is joint use of the law enforcement facility by the County and City. 6. Consideration. The City agrees to reimburse the County for twenty-five (25%) of the insurance, snow removal, lawn care, 'Honeywell Maintenance Agreement, utility and supply expense and twelve and one-half per cent (12 1/2%) of the janitor's salary incurred on account of the operation of the building, payable October 31, January 31, April 30, and July 31 during the term of this Agreement. The first three of said payments shall be estimated amounts based on the prior year's actual expense and the final payment shall be an amount necessary to pay the actual expenses for the current year. 7. In the event this Agreement is declared void for any reason, the City agrees to relinquish the area described in paragraph 1 hereinabove on ten (10) days notice. WASHINGTON COUNTY, NEBRASKA JOHNT LUTZ; H OUNTY BOARD OF SUPERVISORS ATTEST: Jo/ CH RLOTTE PETERSEN COUNTY CLERK CITY OF BLAIR, NEBRASKA ATTEST: M. STANLEY JEN- AYOR CITY OF BLAIR (1-L ALICE I. DIEDRICHSEN CITY CLERK COUNCILMEMBER ATTEST: RESOLUTION NO. 1990- 44 Kros WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and Washington County, Nebraska, for the joint utilization of one individual as the City Building Inspector and the County Building Inspector, 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 Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Loves UPON ROLL CALL, COUNCILMEMBERS Kros, Long, Shntwpll _ Vinton, Jenny And Rey ?lily VOTING "AYE ", AND COUNCILMEMBERS Nr la. VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th, DAY OF AUGUST, 1990. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS_, AYOR STATE OF NEBRASKA ) WASHINGTON COUNTY ) ALICE I. 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 l4 *h day of August, 1990. SS ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This Agreement made this 14th day of Aumupt , 1990, by and between the City of Blair, Nebraska, a governmental subdivi- sion, hereinafter referred to as "City" and Washington County, Nebraska, a governmental subdivision, hereinafter referred to as "County ". WITNESSETH: For and in consideration of the mutual benefits and agreements as set forth herein together with the monetary consideration as set forth herein the parties hereto hereby agree as follows: 1. That the City and County shall cooperate in the utilization of one individual as the City Building Inspector and as the County Building Inspector. It is further agreed that the City and County shall each pay one -half of the compensation of such Building Inspector and as well as the operating expenses for such inspector. 2. It is agreed by and between the City and the County that the estimation of costs attached hereto, marked Exhibit "A ", and by this reference made a part hereof shall be the basis of the reimbursement by the County to the City of the cost expended by it during the term of this Agreement. It is, therefore, further agreed that the County shall pay and remit to the City the sum of $1,550.28 per month which said sum shall be due and payable beginning on the 1st day of July, 1990, and continuing thereafter on the 1st day of each month during the term of this Agreement. 3. This Agreement shall be for a term of twelve (12) months commencing July 1, 1990, and terminating June 30, 1991. 4. It is further agreed by and between the parties that the City shall have the direct supervision and control of such Inspector on a day to day operational basis, provided, however, that the County shall reserve the right to govern the technical interpretation of its zoning rules and regulations or codes concerning construction under its jurisdiction. 5. This Agreement shall be binding upon the successors and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA BY M. S NLEY JF1S MAYOR ATTEST: C (Ltt,‘,k?.&,JtAA„r.tu,.. ALICE I. DIEDRICHSEN, CITY CLERK A / BY WASHINGTON COUNTY, NEBRASKA CHI RMAN THE BA D F OMMISSIONERS ATTEST: HARLOTTE PETE SEN, COUNTY CLERK Personal Services Base Salary FICA (7.51% of Salary) Workman's Comp. Health Insurance City Share of Retirement (4% of Salary & Admin. Costs) Unemployment Comp. (.001 x 7,000.00) Operating Expense Vehicle Expense ($300.00 monthly) Telephone Charges (7.92 base Rate + $45.00 Avg. Chg. for monthly long distance calls for 12 mos.) Office Space (200' w /furniture; equip. & utilities) Insurance (1/12 City Hall cost Liability Bldg. & Contents) Part Time Back -up (168 @ $10.00 /hr) Secretary Services ($10.00 /hr x 5 hr. wk) Total Personal Services Total Operating Expense 50 percent County JOINT CITY /COUNTY BUILDING INSPECTOR COST ANALYSIS FISCAL YEAR 1990 -1991 Total $ 26,543.64 Total $ 10,663.00 Total = $18,603.32 ($1,550.28) 50 percent City = $17,661.96 Total $37,206.64 $ 19,760.00 1,511.64 375.00 3,900.00 990.00 7.00 3,600.00 635.00 1,600.00 548.00 1,680.00 2,600.00 $ 26,543.64 10,663.00 $ 37,206.44 (SEAL) RESOLUTION NO. 1990- 44 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and Washington County, Nebraska, for the joint utilization of one individual as the City Building Inspector and the County Building Inspector, 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 Lone UPON ROLL CALL, COUNCILMEMBERS Bros. Longs Reyzlik. Vinton. Shotwell and Jenny VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF AUGUST, 1990. ATTEST: TTE S T : f�lc /t ego -✓c_-) ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY 2'27 M. STANLEY JEN' "N, /$AYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 14th day of August, 1990. 0,4 s l)ziLA ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This Agreement made this 14th day of Auu.st , 1990, by and between the City of Blair, Nebraska, a governmental subdivi- sion, hereinafter referred to as "City" and Washington County, Nebraska., a governmental subdivision, hereinafter referred to as "County". WITNESSETH: For and in consideration of the mutual benefits and agreements as set forth herein together with the monetary consideration as set forth herein the parties hereto hereby agree as follows: 1. That the City and County shall cooperate in the utilization of one individual as the City Building Inspector and as the County Building Inspector. It is further agreed that the City and County shall each pay one -half of the compensation of such Building Inspector and as well as the operating expenses for such inspector. 2. It is agreed by and between the City and the County that the estimation of costs attached hereto, marked Exhibit "A ", and by this reference made a part hereof shall be the basis of the reimbursement by the County to the City of the cost expended by it during the term of this Agreement. It is, therefore, further agreed that the County shall pay and remit to the City the sum of $1,550.28 per month which said sum shall be due and payable beginning on the 1st day of July, 1990, and continuing thereafter on the 1st day of each month during the term of this Agreement. 3. This Agreement shall be for a term of twelve (12) months commencing July 1, 1990, and terminating June 30, 1991. 4. It is further agreed by and between the parties that the City shall have the direct supervision and control of such Inspector on a day to day operational basis, provided, however, that the County shall reserve the right to govern the technical interpretation of its zoning rules and regulations or codes concerning construction under its jurisdiction. 5. This Agreement shall be binding upon the successors and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA ATTEST: Cd A.C.t bAckAir.-LUIA ALICE I. DIEDRICHSEN,: CITY CLERK WASHINGTON COUNTY, NEBRASKA BY e " CH�A RMAN C5F THE IOW OF )OMMISSIONERS ATTEST: HAR OTTE PE COUNTY CLERK Personal Services Base Salary FICA (7.51% of Salary) Workman's Comp. Health Insurance City Share of Retirement (4% of Salary & Admin. Costs) Unemployment Comp. (.001 x 7,000.00) Operatina Expense Vehicle Expense ($300.00 monthly) Telephone Charges (7.92 base Rate + $45.00 Avg. Chg. for monthly long distance calls for 12 mos.) Office Space (200' w /furniture; equip. & utilities) Insurance (1/12 City Hall cost Liability Bldg. & Contents) Part Time Back -up (168 @ $10.00 /hr) Secretary Services ($10.00 /hr x 5 hr. wk) Total Personal Services Total Operating Expense 50 percent County 50 percent City JOINT CITY /COUNTY BUILDING INSPECTOR COST ANALYSIS FISCAL YEAR 1990 -1991 Total $ 26,543.64 Total Total $18,603.32 ($1,550.28) = $17,661.96 Total $37,206.64 $ 19,760.00 1,511.64 375.00 3,900.00 990.00 7.00 3,600.00 635.00 1,600.00 548.00 1,680.00 2,600.00 $ 10,663.00 $ 26,543.64 10,663.00 $ 37,206.44 RESOLUTION NO. 1990- 45 COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, intends to participate in the Land and Water Conservation Fund Program for the purpose of the development of a new recreational vehicle park and camp- ground. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: 1. The Mayor is hereby authorized to sign documents to obtain financial assistance, including a project agreement with the State of Nebraska for such intended development of a recrea- tional vehicle park and campground. 2. The City of Blair has the ability to finance its share of the cost of the proposed project and the financial capability to operate and maintain the completed facility. 3. The City of Blair will not discriminate against any person on the basis of race, color, age, religion, handicap, sex or national origin in the use of any property or facility ac- quired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of Civil Rights Act of 1964, P.O. 880 -354 (1964), and any of the regulations promul- gated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 4. No property acquired and /or developed under this project shall, without the approval of the Nebraska Game and Parks Com- mission and the Secretary of the Interior, may be converted to nonpublic outdoor recreation uses. Such approval may be granted only if it is in accordance with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. 5. The City of Blair will, after development, exert every effort to preserve the existing beauty and enhancement of the proposed project area and will bury all proposed utility lines within the area. 6. The City of Blair agrees to comply with all state and federal requirements in making the facilities accessible to the handicapped. COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Jenny UPON ROLL CALL, COUNCILMEMBERS Jenny, Kuhr, Kros, Lone. Revzlik. Vinton and Shy laual 1 Ryan - absent VOTING "AYE ", AND COUNCILMEMBERS Nona VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 1990. ATTEST: J�a. ,cam ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY rf•`''dAtd M. STANLEY JEN W.IMAYOR ALICE I. 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 special meeting of the Mayor and City Council of said City held on the 25th day of September, 1990. I.i N /PD, O(r Tao ALICE I. DIEDRICHSEN, CITY CLERK LAND AND WATER CONSERVATION FUND PROJECT APPLICATION 33- 107 /rev. 9 -83 1. APPLICANT: City of Blair COUNTY: Washington PROJECT LIAISON OFFICER (Clerk or Manager): Rodney Storm, City Administrator ADDRESS: 218 S 16th Street, Blair, NE 68008 BUSINESS PHONE: Area Code: 402 No. 426 - 4191 2. FEDERAL IDENTIFICATION NUMBER: 3. PROJECT TITLE: Pony Park Campground 4. DESCRIPTION OF THE PROPOSED PROJECT: (Briefly describe what is to be accompli shed ) construction of a city camping area for RV and tent use. The project will include RV pads, electrical hook -ups., playground equipment, remodeling of existing restrooms, dump station, and an area for tent camping to complement the many recreational sites in the Blair /Washington County area. 5. ACQ. COST: $ -0 - DEV. COST: $ 40,000 TOTAL COST: $ 40,000 6. ASSISTANCE REQUESTED: Federal (50 %) $ 20,000 7. SOURCE OF LOCAL FUNDS: (Be specific as to source of local funds. If you intend to utilize other federal funds, indicate the dollar amount and what federal funds will be used.) Local Taxes $5.000 Donations $5,000 How much of the local share is on hand? The City has on hand $20,000, but donations and Papio -MO River NRD support is being encouraged. When will the balance of the local share be available? Date: October 1,1990 8. IS THE PROPOSED PROJECT COVERED BY AN APPROVED COMPREHENSIVE PLAN? If yes, check the type of plan: Yes x No Local x County Regional Other (Specify) $10,000 (NRD) Comprehensive Recreation Plan A Recreational Needs Survey was conducted in conjunction with a Community Attitude Survey. Other (Explain) 9. SUPPORTING DOCUMENTS: (Refer to Instructions) Mayor 9/25/90 Mayor /• r (�J' ►airman Title bate RETURN ORIGINAL TO NEBRASKA GAME AND PARKS COMMISSION Signature RESOLUTION NO. 1990- 46 COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair has been presented with an Agreement by and between the City and the State of Nebraska, Department of Roads; and, WHEREAS, said agreement provides for traffic signal installa- tion as set forth in the Agreement, which such Agreement is attached hereto, marked Exhibit "A ", and by this reference made a part hereof as though fully set forth herein; and, WHEREAS, the terms and conditions of said Agreement are acceptable to the municipality. 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" is hereby approved and accepted by the munici- pality. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Kros. Kuhr. Lone. Revzlik. Vlni;gv. Shotwell and Jenny. Ryan- absent VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED -AND ADOPTED THIS 25th DAY OF SEPTEMBER, 1990. ATTEST: (A;., a .2 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR. ;oit: BY M. STANLEY JENS OR STATE OF NEBRASKA ) WASHINGTON COUNTY ) s s ALICE I. 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 special meeting of the Mayor and City Council of said City held on the 25th day of September, 1990. mot' D, ) o ,41z /'.0 ALICE I. DIEDRICHSEN, CITY CLERK PROJECT NO. ELEC -30- 7(1008), STATE CONTROL NO. 21517 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS TRAFFIC SIGNAL INSTALLATION INTERSECTION OF HIGHWAY US -30 AND SOUTH STREET IN BLAIR THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City ", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State "; WITNESSETH: AGREEMENT AGENDA ITEM #9 WHEREAS, Highway US -30 enters and traverses the City partially on the street named Herman Boulevard and WHEREAS, the State is provided with total jurisdiction in matters involving the installation and operation of Traffic Control devices on State Highway extensions through such corporate areas as provided by Neb.Rev.Stat. §39-610 (Reissue 1988), and WHEREAS, it is the desire of the City to provide a Traffic Signal installation at the intersection of Highway US -30 and South Street within said City for the purpose of accommodating an orderly flow of traffic, and WHEREAS, it is the desire of the City that said project be constructed under the designation of Project No. ELEC -30- 7(1008), as evidenced by the Resolution of the City Council dated the day of , 19 attached hereto, identified as Exhibit "B' and hereby made a part of this Agreement, and WHEREAS, the City and State are willing to participate in the actual costs of such installation in accordance with the conditions hereafter provided; NOW THEREFORE, in consideration of these facts, the Parties hereto agree as follows: SECTION 1. The State agrees to prepare the plans and specifications for the contemplated signals at the above mentioned intersections and said plans and specifications are hereby through this reference made a part of this agreement and shall be available upon request at the office of the State Traffic Engineer, Department of Roads, Lincoln, Nebraska. All costs incurred by the State in the above described preparation shall become a project cost. SECTION 2. The State further agrees to procure and deliver to the City the following signal equipment as may be required by the above mentioned plans and specifications: vehicle signals, pedestrians signals, controllers and cabinets. The State's actual expense for the above items shall become a project cost. SECTION 3. The City agrees to procure or cause to be procured all other items of material and equipment.necessary to complete the installation and operation of the subject signals. These items shall include but not be limited to concrete, reinforcing steel, conduit, cable and wire. The City further agrees to install or by contract cause to be installed all items of equipment and materials as set forth in Section 2 and 3 of this agreement to complete the subject signal installations in proper working condition. The City's actual cost of the above work will become a project cost. SECTION 4. The City agrees to pay for 50 percent of the actual cost of this project with the City's share estimated to be $9,000.00. Within thirty days after satisfactory completion of the signal installation, the City will submit an itemized statement of actual costs incurred by the City for materials, equipment and labor required to complete the installation. The ' State shall verify the costs submitted by the City, calculate the total costs incurred by both the City and State and either bill or reimburse the City depending on the total actual costs and the share assumed. The City and State agree that any billing will be paid within thirty (30) days of receipt. The criteria contained in Part 1.31.6 of the Federal Acquisition Regulation System (48 CFR 1.31.6) shall be applied to determine the allowability of costs incurred by the City under this agreement. SECTION 5. The City agrees, at no cost to the State, to clear the present right of way of this project of all advertising signs. The City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. SECTION 6. It is agreed and understood by the parties hereto that Federal -Aid Highway Program Manual, Volume 6, Chapter 6, Section 3, Subsection 1, "Utility Relocations, Adjustments and Reimbursement ", and Subsection 2, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference, the City agrees to adopt, on the improvement contemplated in this agreement, by signing this agreement, the Nebraska Department of Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State August, 1989, and its subsequent revisions or additions. The City further agrees: (a) To comply with Neb.Rev.Stat. §39 -1361 (Reissue 1988), amended, and the rules and regulations of the Department of Roads before making or allowing to be made, any utility excavation, pavement cuts or performing other activity upon said highway, and shall be responsible to see that all such work is performed according to the rules and regulations of, and by authority of a permit granted by the Department of Roads of the State of Nebraska. (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned utilities as made necessary by the construction of this project. (c) To prepare and submit to the State upon receipt of preliminary construction plans for this project a plan and estimate detailing anticipated location and nonbetterment costs for the rehabilitation of all municipally owned utilities as made necessary by this project. It is mutually understood that all nonbetterment muni- cipal utility rehabilitation costs within the corporate limits of the City will become a project cost, but that outside said City limits only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private right of way will be reimbursed. SECTION 7. All apparatus, instruments, materials and workmanship used or furnished in the subject installations shall meet the approval of the State. SECTION I:. The plans and specifications herein above mentioned shall be considered as the minimum requirements and shall be used in the determi- nation of the cost of materials and equipment required for the signal installation. If the City in performance of Section 3 herein above takes bids for the installation of all items of equipment and material as set forth in Sections 2 and 3, the State shall review all bids and approve the successful bidder. Project No. ELEC -30- 7(1008) -2- City of Blair SECTION 9. Any change in the installation as indicated in the referenced plans and specifications must first be approved by the State. SECTION 10. The said installation as above mentioned shall be subject to inspection by the State at all times and when such inspection is furnished by the State, it shall become a project cost. The determination made by the State upon such investigations or inspections shall be final as to whether the apparatus, instruments, material, items or workmanship meet the minimum required standards. SECTION 11. It is agreed and understood by the parties hereto that Volume 1, Chapter 7, Section 2 of the Federal -Aid Highway Program Manual of the U.S. Department of Transportation, Federal Highway Administration, and all supplements and revisions thereto, are hereby expressly made a part of and incorporated by this reference into this agreement. SECTION 12. The City shall maintain all books, documents, papers accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the State and the Federal Highway Administration or any authorized representative of the Federal Government and copies thereof shall be furnished by the City if requested. SECTION 13. If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-1101 through 48 -1126 (Reissue 1988), and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "A" attached hereto and hereby made a part of this agreement. The reference to "Contractor" in this exhibit shall mean the "City ". SECTION 14. MINORITY BUSINESS ENTERPRISES A. Policy The City and State agree to ensure that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to parti- cipate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the minority business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into this agreement. B. Minority Business Enterprises Obligation The City and State agree to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City acting as a subrecipient of Federal -aid funds on this project agrees to adopt the minority business enterprise program of the State for the Federal -aid contracts the City enters into on this project. On any work performed by or caused to be performed by the City, failure to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. SECTION 15. Upon the completion of the subject signal installation, the equipment furnished by the State shall remain the property of the State Project No. ELEC -30- 7(1008) -3- City of Blair while any equipment furnished by the City and any wires leading to and from said installation shall remain the property of the City. The City agrees at its own expense to maintain, operate and keep in good repair, the entire signal installation. The City further agrees to bear solely the cost of electrical power required to operate the said signal installation. SECTION 16. In the event any part or parts of the subject signal system is damaged by causes other than normal wear and tear, the City agrees to repair such damage furnishing all labor and replacement parts or materials necessary to restore these said installations at the sole expense of the City and without any expense to the State, and it is further understood that the City shall be entitled to all damages collected from any wrong doer who may have put the City to the expense of having to repair the damaged signal installation. SECTION 17. The City agrees that any repair or replacement parts furnished by the City in the maintenance of the signal system shall comply with State specifications and standards. SECTION 18. The State shall have sole authority in determining and controlling the cycle length, the interval length, sequence, and the hours and manner of the signal operation. No change in these conditions shall be made without the prior approval of the State. SECTION 19. If, in the future, vehicle or pedestrian traffic volumes at this location are reduced to the extent that warrants are no longer met for traffic signals as specified in the manual of Uniform Traffic Control Devices for a period of six consecutive months, the City agrees, at its own expense, to remove said signal within 60 days of written notice from the State's Traffic Engineer, and to stockpile the State's property as requested by said engineer, pending recovery by the State. IN WITNESS WHEREOF, the parties have executed this agreement as of the dates indicated below: EXECUTED by the City this day of , 19 ATTEST: CITY OF BLAIR City Clerk EXECUTED by the State this Project No. ELEC -30- 7(1008) -4- City of Blair Mayor day of STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Engineering , 19 NONDISCRIMINATION CLAUSES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "con- tractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondis- crimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of handicap, race, color or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap, race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regu- lations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provi- sions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT "A" COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1990- 47 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 Liquor License for Donald R. Tolbert and Susan E. Tolbert, d /b /a Fishcreek Inn. 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 Ne- braska 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 Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Ryan, Long. Shotwell, Vinton. Revzlik Jenny, and Kuhr Kros- absent VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY OF OCTOBER, 1990. ATTEST: eWL ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY A' / M. STANLEY JE $ *j/, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) )3 ALICE I. 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 9th day of October, 1990. 1 i( ,P 1J AB , IS/A ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Jenny INTRODUCED THE - FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair have been presented with a Lease by and between the City of Blair and Donald R. Tolbert and Susan E. Tolbert, husband and wife, a copy of said Lease being attached hereto, marked Exhibit "A "; and, WHEREAS, the terms and conditions of said Lease are accept- able to the municipality. NOW, THEREFORE,•BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair that the Lease attached hereto and marked Exhibit "A" is hereby approved and accepted by the municipality. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Ryan. Revzlik. Vinton. Sho elf Tennv. Rros. Kuhr and Lan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF OCTOBER, 1990. ATTESTI ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL RESOLUTION NO. 1990- 48 CITY OF BLAIR, NEBRASKA BY M. STANLEY JENS "*I „ AYOR '- ) )ss . i.iliABNINGTON COUNTY ) ALICE I. DIEDRICHSEN, 'hereby certifies 'that 'she' is the.. appointed,' qualified, , and acting City Clerk of the City of Blair, Nebraska, 'and- that the 'above and foregoing - Resolution was —passed .at - a special lueeting of the Mayor - and'City-Council of - said City held on' the 23rd day of October, 1990'4' ALICE I. DIEDRICHSEN, - miry - CLERK 121 —CITY LEASE Huffman and Felton & Wolf, Walton, Ne. 68461 This Agreement, Made and entered into this a 3.4 day of October , 19 90 by and between City of Blair, Nebraska, a Municipal Corporation of the County of Washington first party and Donald R. Tolbert and Susan E. Tolbert, husband and wife hereinafter referred to as the second party (whether one or more in number). WITNESSETH, That the said party of the first part has this day leased unto the party of the second part the fol- lowing described premises, to wit: Together with all buildings and improvements, on the same for the term of one year from the 1st day of November1990 , to the 30th day of October 19 91 , for the sum of One Hundred and no /100ths DOLLARS upon execution of this lease 100.00 payable at the rate of $ 7xr-memth - with- tote- irsrpayntent -M- -be- paid•6*•the- day-of- 1-9- - anti•- the- balanee- payable-$ -en -the --day-of-each menthrin- adrarteef -at• •the -fine -oj AND IT IS FURTHER AGREED, That if any rent shall be due and unpaid or if default be made in any of the covenants herein contained, the said party of the first part may exercise any and all rights provided by law. The party of the second part shall preserve and maintain in effect liability insurance on the premises in an amount of not less then One Million dollars. The City of Blair shall be an additional named insured on such policy. And the said party of the second part further agrees to pay the party of the first part the rent as above specified. Second party covenants that he, she or they will use said premises as a parking lot. and for no other purpose whatever, and that he, she or they especially will not let said premises or permit same to be used for any unlawful business or purpose whatsoever; that he, she or they will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of forfeiture of all his, her or their rights under this lease, at the election of the party of the first part and that he, she or they will use all due care and diligence in guarding said property, with buildings, gates, fences, vines, shrubbery, etc., from damage by fire and the depredations of animals, will pay all water rent and charges for gas or electric light that shall become due thereon during this lease; that he, she or they will not permit any noise or nuisance whatever on said premises to the disturbance of other tenants or do or permit anything on or about said premises which will increase the rate of insurance. The lessee further agrees that he will in all respects comply with the city ordinance and requirements of the health authorities and particularly as to keeping said premises and the streets and alleys adjacent thereto, free and clear from all filth, refuse and obstruc- tion and the steps and sidewalks free from snow and ice; that he, she or they will keep the buildings, glass, gates, fences, etc., in good repair as the same now are or may be placed at any time by the lessor, or as often as the same may require it, damage by superior force, inevitable necessity or fire from any other cause than carelessness of the sec- ond party, or persons of his, her or their families, or in his, her or their employ, excepted, and at the expiration of this lease, or upon a breach by said second party of any of the covenants herein contained he, she or they will quit and surrender the possession and occupancy of said premises in as good condition as reasonable use and natural wear and decay thereof will permit, damage by fire as afore said, superior force or inevitable necessity excepted. IN WITNESS WHEREOF, the said parties have hereunto subscribed their names on the date above written. In Presence of and State of Nebraska BEE ATTACHER EXTIIBIT "A" hereinafter referred to as the City. of Blair, Nebraska, a Mun o po t qn (SEAL] 6 �.4t el ai� 1:; L L �C � (SEAL) P� v /Z t•gz (SEAL) (SEAL) • State of County of The foregoing instrument was acknowledged before me on by State of County of The foregoing instrument was acknowledged before me on by State of County of The foregoing instrument was acknowledged before me on by w O ti Q 2 Q m z C 3 From the Northeast corner of Tax Lot 127 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska; thence Northwesterly along the extension of the East- erly line of Tax Lot 127 to a point on the Northerly edge of the paved surface of River Road ( Old Highway 30), said point being the point of beginning; thence Northeasterly along said Norther- ly edge of the paved surface a distance of 110.00 feet; thence Northwesterly parallel with the easterly line of Tax Lot 127 to a point on the Southerly R. 0. W. of the C & N W Railroad; thence Southwesterly along said Railroad R. O. W. to its intersection with the Northwesterly extension of the Westerly line of the Tax Lot 127; thence Southeasterly along said extension to a point on the Northerly edge of the paved surface on said River Road; thence Northeasterly along said Northerly edge of the paved sur- face to the point of beginning. EXHIBIT "A" EE BOOK 2, PAGE 28 T.L. 6t £14 Ae, T.L S O.81 AA. T.L. 204 .03 AC. d _ rL. MIL 0.5 T. L 214 '0.76 AC r l4j .6T AA T. L.1 - Ac. , t. 1 1 FREDERICKS 16 4e.. ADDITION / �pD+T1ON ,L S • r O /1 T L.190 2.44 Ac r. L.18T 6.534e. T.L. 136 6.38 Ac.. T. L.19 3 18.81 Ac. T. L.I01 T L.192' 1.25 AC.+ EVERGREEN BLUFFS ADOiTgON TL. 01..198 T.L.181 P 13. 175 ).09 cc. DP 0 .36 A A P se'". 2 � G4- WFlvrRS ADDITION T.L. 163 4 . 2 Ae. T.1_155 3.38 Ac. T.L. 18 3 0.02 Ac. .L.. 195 68. c. 1 /COUNV / / / T.1 4. COUNC/LMEMBER- Revzlik I NTRODUCED ' • THE'' FOLLOW NG RESOLUTION RESOLUTION -"I9 90 49 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: Packers $ 3.00 per cubic yard Automobiles $ 3.00 per load Pickup trucks, per load Trailers ( size and smaller) and vans $ 7.00 per load Dump trucks and trailers, construction containers, large trucks and trailers $ 1.50 per cubic yard - BE 'IT - -FURTHER - RESOLVED' that - such tees 'shall- be in full force and effect and - shall' be charged commencing November - 1, 1990- COUNC I LMEMBER Kuhr - '• • MOVED THAT • THE RESOLUTION BE ADOPTED' 'AS READ,' * WHICH SAID MOTION WAS SECONDED BY' COUNC1LMEMBER Kros . • UPON ' ROLL • CALL * COUNCILMEMBERS Rros, Ruhr. Lone, Vinton. Shotwell. Jennv. Ryan and Revzlik 'VOTING - "AYE" AND COUNCILMEMBERS None VOTING "NAY" "THE MAYOR DECLARED *THE' FOREGOING ' RESOLUTION° 'PASSED .- AND ADOPTED - THIS 23rd DAY OF OCTOBER, 1990. ATTEST: ALICE I. DIEDRImm, la/Ty CLERK (SEAL) CITY OF BL NEBRAS BY. N. STANLEY JEttgEti MAYOR' li I 111 ail 11 STATE OF NEBRASKA ) )ss WASHINGTON 'COUNTY ) ALICE I. DIEDRICHSEN, - herebycertifies , that - she is the duly appointed, - qualified and acting City Clerk of 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 October, 1990: ALICE I. DIEDRICHSEN`' CITY CLERK' COUNCILMEMBER Ryan INTRODUCED THE RESOLUTION:' RESOLUTION NO'. 1990.-50 BE IT RESOLVED BY THE MAYOR AND 'CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the rates and charges for customers of the municipal sanitary sewer system of the City of Blair the source of which sewage and waste water is outside the City of Blair are hereby set and determined as follows: $ .0375 per hundred gallons of effluent BE IT FURTHER RESOLVED that such rates and charges shall be in full force and effect and shall be charged commencing November 1, 1990, COUNCILMEMBER Rvan_ MOVED THAT THE. RESOLUTION -ADOPTED READ, • WHICH 'SAID 'WAS 'SECONDED f BY COUNCI LMEMBER Revzlik UPON ROLL CALL, • COUNCILMEMBERS Ryan. Reyzilk. Jenny. Shotwell. Vinton Lone, Kros and Kuhr VOTING "AYE ", AND COUNCILMEMBERS - None VOTING "NAY ",. THE FOREGOING RESOLUTION PASSED AND ADOPTED' THIS 23rd DAY OF 'OCTOBER, ' 19 90 - . ATTEST: ALICE 'I.`=DIEDRICHSEN, CITY CLERK (SEAL) STATE OF'NEBRASKA ) )ss WASH I NG'TON ' COUNTY ) CITY OF' GLAIR, °'NEBRASKA BY �r ��(6 G.(4 M. STANLEY JE MAYOR ALICE I. 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 the Mayor and City Council of said City held on the ;23rd day of'October, 1990. a .cz�De�a�id, ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER • Revzlik INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an agreement between the City of Blair and Knudson Investment Company, Inc. for the receiving and treating of sewage and waste water, 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 Jenny MOVED THAT THE RESOLUTION 'BE'• - ADOPTED AS READ, • WHICH SAID MOTION'WAS - SECONDED BY COUNCILMEMBER Ryan UPON • • ROLL CALL, COUNCILMEMBERS Ryan, Reyzlik, Jenny, Long, Vinton, Shotwell, Bros and Kuhr VOTING "AYE ", AND COUNCILMEMBERS • • None — VOTING "NAY ", THE MAYOR'DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF OCTOBER, 1990. ATTEST: 9 )L-CQ,(Af..1A.A.) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1990- 51 CITY OF BLAIR, NEBRASKA ® STANLEY JENSE , L,, YOR 'STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. 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 23rd day of October, 1990. a /be-0) a A,00}- ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This Agreement made this 23 rd day o f October , 1990, by and between the City of Blair, Nebraska, hereinafter referred to as "Blair ", and Knudsen Investments Co., I9c.hereinafter referred to as "Customer ". WITNESSETH: Whereas, Customer has made a request to Blair and hereby makes application for sanitary sewer service wherein the sewage and waste water is generated outside of the municipal limits and the tap for same shall be located at Blair's sewer manhole or highway under crossing closest to the Junction of Highway 30 and Highway 133. Whereas, under the terms and conditions as set forth herein, Blair is willing to provide sanitary sewer services to Customer. NOW, THEREFORE, BE IT AGREED by and between the parties that for and in consideration of One Dollar and mutual benefits to be derived by both parties hereto, the specific receipt thereof being hereby acknowledged, it is agreed as follows: 1. Customer shall be allowed to tap into the municipal sanitary sewer system at the location designated hereinabove. Prior to installation of the metering device and tap, Customer shall submit to the City of Blair plans and specifications ac- ceptable to Blair for such tap and such tap shall be made in accordance with all plans, specifications, and requirements of Blair's Public Works Director. Such tap shall be such size as required by plans and specifications approved the Public Works Director and all materials and supplies therefore, shall be paid for by Customer. Any metering device shall be under control and review of Blair. Customer shall notify Blair, prior to commence- ment of construction and at such Intervals as specified by the Director of Public Works the construction that will be performed so that inspection by Blair can be performed. 2. Customer shall remit to Blair the sum of $500.00 as a deposit to insure timely payment of all charges for sewer serv- ices provided to Customer. In the event all bills for a period of three (3) years are paid by Customer on or before the 10th day of each month during which they become due, said deposit shall be returned to Customer less an amount equal to the average monthly sewer bill to Customer during said three year period. Customer shall be subject to Blair's usual and standard procedures for discontinuance of service. Customer shall also pay to Blair a $200.00 tap fee prior to the time of connection to Blair's sewer system. 3. It is understood and agreed that the City of Blair is not and shall not be responsible for, nor shall any sewer system constructed or utilized by Customer beyond the tap into the municipal sanitary sewer system be considered as a part of the municipal sewer system. Blair shall have no liability or respon- sibility to provide licensed operators for any sewer system of the Customer as may be required by any State of Nebraska agen- cies. Blair shall have no liability or responsibility for main- tenance or repairs to any line or sewer system constructed or utilized by Customer. Customer agrees to indemnify and save harmless Blair from any and all claims, causes of action, suits, or any other liability of any nature or kind whatsoever and r brought by the Customer or any other person or entity for damages or injuries resulting in any way from the provision of sewer service under this agreement. Such indemnification shall also include attorney fees, costs, and all expenses incurred in the defense of such action. Blair shall as soon as possible give notice of any claim under this agreement to Customer. To the extent allowed by Blair's insurance carrier, Customer shall be permitted to select defense counsel and defend any such claim, and further to compromise or settle same. 4. Unless earlier mutually terminated, this contract shall terminate twenty -five (25) years from the date hereof. 5. The charges by Blair to Customer for sewer services provided may be adjusted from time to time by the Mayor and City Council of Blair. The Customer shall also be subject to all other rules and regulations of the City of Blair as pertains to its customers of the municipal sanitary sewer system, including but not limited to payment, deposit, and shut off regulations. 6. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of Customer. CITY OF BLAIR, NEBRASKA ATTEST: ,,,e4 Alice I. Diedrichsen, City Clerk BY M. Stanley Jensen, Mayor Customer /C /!, !/ )[6 Cvil; . j'n F n- 7 COUNCILMEMBER BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT FirsTier Bank N. A. Blair and Washington County Bank are hereby designated as depositories for City funds. BE IT FURTHER RESOLVED THAT BY THE MAYOR AND CITY COUN- CIL THAT the City Treasurer or Deputy City Treasurer are author- ized to purchase certificates of deposit from and make time deposits in FirsTier Bank N.A. Blair and Washington County Bank pursuant to Sections 16 -712 through 16 -716, R.R.S. Nebraska Reissue 1983 inclusive. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Shotwell UPON ROLL CALL, COUNCILMEMBERS Long, Shotwell, Abbott, Kros, Kuhr, Ryan and Vinton. Fay abstained VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF DECEMBER, 1990. ATTEST: mac'• �' • RESOLUTION NO. 1990- 52 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) Ryan INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY STATE OF NEBRASKA WASHINGTON COUNTY City held on the ) )ss ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk Blair, Nebraska, and that the above and foregoing of the City of Resolution was passed at a regular meeting of the Mayor. and City Council of said 11th day of December, 1990. � el � ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Long ATTEST: eP .9,4 STATE OF NEBRASKA ) )ss _WASHINGTON COUNTY ) RESOLUTION NO. 1990- 53 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Mayor of the municipality together with the City Clerk /Treasurer or the Deputy City Clerk /Treasurer are hereby authorized to sign checks, drafts, or other withdrawal orders, issued against the funds of the City of Blair on deposit with the FirsTier Bank N.A. Blair and Washington County Bank, or for investment of excess funds. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Shotwell UPON ROLL CALL, COUNCILMEMBERS Shotwell, Abbott, Long,VVinton, Ryan, Kros, Kuhr and Fay VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF DECEMBER, 1990. CITY OF BLAIR, NEBRASKA BY ALICE I. 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 11th day of Decemb, 1990. MD ALICE I. DIEDRICHSEN, CITY CLERK