1991RESOLUTIONS - 1991
1. Agreement with State of NE for RR crossings at 23rd 3761
Street
2. Special One Day Liquor License - Corner Retreat 3762
3. Easement with NE -IA Supply for placement of sign 3764
4. Interlocal police agreement 3768
5. 1991 One & Six Year Plan 3771
6. Allow contract discharge to be accepted by Munici- 3774
pal Sewer System.
7. Supplemental Agreement No. 1 with State of NE, Dept. 3775
of Roads
8. Block Grant for housing project at Central School 3778
9. Agreement with St. of NE for resurfacing of Hwy. 30 3778
South St. to Clark St.
10. Approving liquor license Blair Fish Market
3780
11. Placement of stop signs and signals for detour of 3781
of Hwy. 75 construction project.
12. Special election for lottery and keno 3784
13. Easement agreement with Papio -NRD 3784
14. Agreement with State of NE for widening of Lincoln 3784
St., 13th to 15th.
15. Sympathy to Bob Vinton
3785
16. To Country Treasurer reg. refunds of taxes as a 3787
result of law suit with Natural Gas Pipeline Co.
17. Designate polling places for special election 3787
18. One day liquor license for B.V.F.D. 3787
19. Agreement with Automatic Systems 3787
20. Easement with Kenneth Petersen 3788
21. Easement with Kenneth & Maureen Radler 3788
22. Interlocal Agreement with Minnegasco 3794
23. Acceptance of Grant Agreement with Federal Aviation 3795
Adm. and NE Dept. of Aviation
24. Easement with Dr. David Johnson for paved parking 3796
25. Policy on Adm. appr oval.. for granting easements for 3799
fencing on city. r-o-w { .
26. Policy on Adm. approval for granting easements 3799
paving on city r -o -w 41 N
27. Agreement with Ross.Eng. for RV Campground. 3799
28. Modifying stop sign placement on Hwy. 75 N. detour 3799
29. Recommendations on City participation in New Sub- 3799
division Financing
30. Approval for construct .on of widening Lincoln St. 3801
31. Approval of financial assistance with NE State 3802
Dept. of Aeronautics
32. Easement . withO?PD for complex 3807
33. Budget Statement ° for FX 91 -92 - 3808
37.
38.
'39.
40.
lot on city r -o -w
line
34. Development of Central School into apartments 3810
35. Agreement with County for Inspector 3811
and Zoning Aelministratbr
36. Agreement with County or use of Law Enforcement 3811
Building
Central School Redeveippment:Plan
Central School Redevelopment Plan
Agreement with Safety y& Health Council
Agreement with Dept.
at 10th & Washington
One day liquor license for Chamber
44. Approval of flex -plan Y
f Roads for traffic lights
3817
3817
3819
3822
Agreement with Dept. o -Roads for improvements 3825
on Hwy. 75
42. Addendum to OPPD agreement of purchase of water
3827
3827
3827
45. No Parking on Third St. from Jackson to Riverview 3837
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1991- 1`;
WHEREAS, the State of Nebraska, Department of Roads has
recommended automatic crossing gates be installed at the 23rd
Street crossing and intersection with the Chicago North Western
Railroad Right of Way; and,
WHEREAS, the installation of said automatic crossing gates
recommended as part of the detour to be utilized in conjunction
with the U. S. Highway 75 construction projects and is desirable
for the safety and welfare of the citizens of Blair.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the municipality agrees to
and does hereby obligate itself for five percent (5%) of the
estimated cost of $80,000.00 for said project.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute such agreements as may
be necessary to effectuate the installation of such project under
the terms and conditions as set forth herein.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Long, Vinton, Shotwell, Abbott, and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 8th DAY OF JANUARY, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY "-
JE E JENNY, 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 special meeting of the Mayor and City Council of said
City held on the 8th day of January, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
RESOLUTION NO. 1991- 2
BY
ROM JENNY, YOR
COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Corner Retreat, Inc. has requested authoriza-
tion for a one day liquor license for a one day event to be held
at the Blair Fire Hall on January 19, 1991, from 8:00 o'clock
P.M. to 12:30 o'clock A.M. on January 20, 1991; 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
Corner Retreat, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the Corner Retreat, Inc. is
hereby authorized and approval is hereby given for an additional
licensed premises for a one day liquor permit for January 19,
1991, at the Blair Fire Hall, 218 South 16th Street, pursuant to
the application filed therefor.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER LONG MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
SHOTWELT UPON ROLL CALL, COUNCILMEMBERS
ABBOTT, FAY, KROS, LONG, SHOTWELL AND VINTON
VOTING "AYE" AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 14th DAY OF JANUARY, 1991.
CITY OF BLAIR, NEBRASKA
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
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 held on the
14th day of January, 1991.
(;21).
ALICE I. DIEDRICHSEN CITY CLERK
RESOLUTION NO. 1991- 3
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented an
Easement between the City of Blair and Nebraska -Iowa Supply Co.,
Inc. for the placement of a sign over and across municipal right
of way, 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
Long UPON ROLL CALL, COUNCILMEMBERS
Long, Ryan, Shotarell, Vinton, Abbott, Ruhr and Kros
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 99nd DAY OF JANUARY, 1991.
ATTEST:.
.1/t P `\ DA a' (4/1-1:e_Jii-4/1
ALXCE I. DIEDRICHSEN, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY
J ' ARM J JENNY, M
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 22nd day of January, 1991.
0
ALICE I. DIEDRICHSEN, CITY CLERK
EASEMENT
This Agreement made this 23rd day of January, 1991, 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 South
a distance of 25 feet, thence West a distance of 27.5
feet, thence North a distance of 25 feet, thence East a
distance of -27.5 feet to the point of beginning.
for the sole purpose of the construction, maintenance, and place-
ment of a sign.
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 sign at its own expense. It is specifically under-
stood and agreed that the Grantor shall not liable to the Grantee
for any damages whatsoever upon termination of this easement.
The Grantee further hereby agrees to save harmless and
indemnify the Grantor from any and all claims, causes of action,
damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, maintenance, and the placement of
such sign 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 sign and the Grantee shall
further be liable to the municipality for any attorney fees,
expenses, or other expenses incurred in recovery of such damages.
This easement may not be assigned by the Grantee and the
rights under this easement shall not run with the land but shall
terminate upon the conveyance of the property adjacent to such
right of way which is owned by the Grantee.
CITY OF BLAIR, NEBRASKA NEBRASKA- OWA SUPPLY CO., INC.
A MUNICIPAL CORPOR ION
STATE OF NEBRAS
WASHINGTON COUNTY
BY 1LOj� - sue
JEME' JENNY, M OR
STATE OF NEBRASKA )
}ss
WASHINGTON COUNTY )
BY
ITS DULY
IZED OFFICER
Before me, the undersigned, a Notary Public in and for said
county and state, personally came Jerome Jenny, Mayor of the City
of Blair, a Municipal Corporation, to me known to be the identi:
cal person who signed the above and foregoing Easement and ac-
knowledged the execution thereof to be his voluntary act and
deed.
and seal this day of Y- , 1991.
GEKBAL NOTARY-State of ildwas12
ALICE I. DIEDRICHSEN
*Comm. Exp. Nov 1,1993
NOTARY PUBLIC
Before me, the undersigned, a otar Public in and for said
county and state, personally came o s✓. %?F/aco , duly authorized
officer of Nebraska -Iowa Supply Co., Inc. 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.
WITNESS my hand and seal this -g/ day of , 1991.
SAL A�TARY Sale 9f
*Caw W 1994 -4,(2/70
NOTARY PUBLIC
lr
RESOLUTION NO. 1991- 4
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, specific benefits to the City of Blair and
mutual benefits with Washington County, Nebraska, could be
achieved through an interlocal police agreement; and,
WHEREAS, such agreement would provide for the ability to
utilize joint resources in the event of emergencies or other
disasters; and,
WHEREAS, the Mayor and City Council desire to enter
into such interlocal agreement for the benefit of the municipali-
ty and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL of the City of Blair, Nebraska, that the agreement at-
tached hereto, marked Exhibit "A ", and by this reference made a
part hereof as though fully set forth herein is hereby adopted
and approved by the City of Blair.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute such agreement on
behalf of the municipality.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kr UPON ROLL CALL, COUNCILMEMBERS
II
1 f 1 1 • f• •
. 1 1
VOTING "AYE ", AND COUNCILMEMBERS Rapp
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 12th DAY OF FEBRUARY, 1991.
CI
BY
ORE' JENNY,
BLAIR, NEBRASKA
ATTEST:
/i
l,l i,e ,Q� e o-4 L2�iv--
ALICE 1. 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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the
1991.
12th day of February,
&h r , t_40
ALICE I.'DIEDRICHSEN, CITY CLERK
MUTUAL AID AGREEMENT
This agreement made this 12th day of February, 1991, by and
between the City of Blair, Nebraska, hereinafter referred to as
"City ", and Washington County, Nebraska, hereinafter referred to
as "County ".
WITNESSETN:
Whereas, the City and County have agreed to joint utiliza-
tion of City Police Department and County Sheriff Department
personnel and emergency operations; and,
Whereas, the parties hereto have agreed with reference to
payment of such personnel and the duties and obligations of each
party to the personnel or employee of the other respective party.
Now, therefore, in consideration of mutual covenants, mutual
benefits, and the benefits to both parties hereto, the parties
hereby agree as follows:
1. During local emergencies the Washington County Sheriff
and Blair Chief of Police shall share the responsibility for law
enforcement coordination and both entities shall share and pro-
vide interjurisdictional use of personnel and equipment in sup-
port of the other agency during such local emergencies. It is
agreed by and between the parties that the Washington County
Sheriff and the Blair Police Chief shall appoint a coordination
officer to implement and supervise their joint policies, direc-
tives, training, and standards for such joint emergency opera-
tions. The coordination officer will directly plan and supervise
the conduct of such operations. When these operations occur
within the City of Blair, they will comply with the direction of
the Blair Police Chief. When these operations occur outside of
Blair, but within Washington County, they will comply with the
directions of the Washington County Sheriff.
The Washington County Sheriff and the Blair Police Chief
will coordinate personnel and equipment resources to provide an
adequate pool of resources available to respond in emergency
circumstances and shall provide for the scheduling of those
resources for training and evaluation by the coordination offi-
cer.
During training and practice exercises and operations, the
City shall be responsible for all of its employees' salaries and
benefits, and the County shall be responsible for all of its
employees' salaries and benefits.
During local emergencies, when Blair Police officers are
requested or directed to respond outside of the City of Blair,
but within Washington County, they shall deemed to be Washington
County Sheriff's deputies. While also employed, the Blair Police
officers shall operate in accordance with the Washington County
Sheriff's procedures and directions and shall be under the con-
trol and direction of the Washington County Sheriff. While so
employed, the Blair Police officers shall have the full authority
of Sheriff's deputies and the County shall be responsible for all
benefits and liability protection afforded such deputies.
During local emergencies, when Washington County Sheriff's
deputies are requested or directed to respond within the City of
Blair, they shall deemed to be Blair Police officers. While also
employed, the Washington County Sheriff's deputies shall operate
in accordance with the Blair Police Department's procedures and
directions and shall be under the control and direction of the
Blair Police Department. While so employed, the Washington County
Sheriff's deputies shall have the full authority of Blair Police
officers and the City shall be responsible for all benefits and
liability protection afforded such deputies.
Notwithstanding any other provisions hereof, it is specifi-
cally agreed that the County shall provide salary and benefit
funding for Washington County Sheriff's deputies for their first
eight hours of each emergency response within the City of Blair.
The City shall reimburse the County for salary and benefits for
such duties assigned time beyond the initial eight hours of each
local emergency.
Notwithstanding any other provisions hereof, it is specifi-
cally agreed that the City shall provide salary and benefit
funding for Blair Police Department's officers for their first
eight hours of each emergency response within Washington County.
The County shall reimburse the City for salary and benefits for
such duties assigned time beyond the initial eight hours of each
local emergency.
This agreement shall remain in full force and effect until
such time as it is terminated by either the City or the County.
Such termination shall be in writing and shall be given not less
than fourteen (14) days prior to the termination date.
This agreement shall be binding upon the heirs, personal
representatives, successors, and assigns of all parties
hereto.
ATTEST:
CIT. i w l BLAIR, NEBRASKA
BY
(2)i,
ALICE I. DIEDRICHSEN, CITY CLERK
come Jenny, May
WASHINGTON COUNTY, NEBRASKA
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1991- 5
BE IT RESOLVED by the Mayor and City Council of the City
of Blair, Nebraska, that the 1991 One and Six Year Plan for the
construction and maintenance and repair of the streets of the
City of Blair, Nebraska, as prepared by the City Street Superin-
tendent, and attached hereto, marked Exhibit "A" and by this
reference made a part hereof, be and is hereby adopted.
BE IT FURTHER RESOLVED that a certified copy of said
plan be filed with the State Highway Department of the State of
Nebraska.
COUNCILMEMBER Lone MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Fav UPON ROLL CALL, COUNCILMEMBERS
Abbott. Fay. Kros. Lone. Sh al , Vh
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 26th DAY OF FEBRUARY, 1991.
ATTEST:
2 2P ltd OQi�.t.� 1
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF_NEBRASKA )
)ss
WASHINGTON COUNTY )
BY
CITY LAIR, NEBRAS&:A
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 and adopted at a regular meeting of the Mayor and City
Council of said city held on the 26th day of February, 1991.
a 40
ALICE I. DIEDRICHSEN, CITY CLERK
Mayor and City Council
Blair, Nebraska
February 26, 1991
The following is the 1991 One and Six year Street Plan for the
City of Blair, which is submitted for your final review and
adoption.
YEAR
1991
PROJECT NO DESCRIPTION
M- 157(P -88a) Grant Street -llth Street West to
existing R.R. Overlay.
(Asphalt Overlay)
1991 M- 157(P -88b) Colfax Street -11th Street to 12th
Street. (Asphalt Overlay)
1991 M- 157(P -88c) Intersection -19th and South Street -
East Wing. (Asphalt Overlay)
1991 M- 157(P88d) Northgate Street -25th Avenue to
26th Avenue. (Asphalt Overlay)
1991 M- 157(P -43) Miscellaneous Street Repair.
1991 M- 157(P -18) Layaway for Matching Funds.
1991 M- 157(P -87) Jackson Street -End of existing
concrete East to Old Hwy 30.
(Double Armor Coat)
1991 M- 157(P -89) Clark Street - Highway 30 to 25th
Street; 25th Street Clark Street to
Elm Drive. (Double Armor Coat)
1991 M- 157(P -90) Milling and Asphalt strip overlays.
(Miscellaneous Areas)
1991 M- 157(P -91) Install Traffic Signals at tenth
and Washington.
1992 M- 157(Q -92) Miscellaneous Asphalt Overlays.
1992 M- 157(Q -43) Miscellaneous Street Repair.
1992 M- 157(Q -18) Layaway for Matching Funds.
1993 -1996 M- 157(52) Road from Highway 91 to Black Elk
Park.
1990 One and Six Year Plan (Continued)
YEAR PROJECT NO. DESCRIPTION
1993 -1996 M- 157(93) Miscellaneous Asphalt Overlays.
1993 -1996 M- 157(43) Miscellaneous Street Repair.
1993 -1996 M- 157(18) Layaway for Matching Funds.
1993 -1996 M- 157(48) Iowa Street extension to Old
Highway 30.
pf
Respectfully Submitted,
Warren D. Whitaker
City Street Superintendent
City of Blair, Nebraska
COUNCILMEMBER
RESOLUTION NO. 1991 - 6
Kros INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the Municipal Code provides that the Mayor and
City Council can set and establish rates and charges for users of
the municipal sanitary sewer system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Director of
Public Works may permit and allow for contract discharging into
the municipal sanitary sewer system, such contract discharging
excluding permanent connections to the sanitary sewer system and
being generally individual load discharges into the municipal
sanitary sewer system at locations designated by the Director of
Public Work.
BE IT FURTHER RESOLVED THAT the Director of Public Works
shall permit only normal and usual wastes and shall not permit or
allow for dumping of hazardous materials or wastes in any form
which would be detrimental to the sanitary sewer system or which
are not capable of being treated by such sanitary sewer system.
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, THAT the rates and charges for such
contract discharging shall be negotiated by the City
Administrator and Director of Public Works on behalf of the Mayor
and City Council providing, however, that such rates and charges
shall not be less than the current rates and charges in effect
for users of the municipal sanitary sewer system where the sewage
or waste is produced or generated outside of the municipal lim-
its, and further provided that rates and charges shall further
compensate for the treatment of such waste and the additional
manpower, overhead, and costs which may be involved and incurred
as a result of such contract discharging.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Long,Shotwell, Vinton, Abbott, Fay and Ryan
VOTING "AYE ", AND COUNCILMEMBERS
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 12.111 DAY OF MARCH, 1991.
ATTEST:
.(.P D ,
ALICE_ 1 . - DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
WASHINGTON COUNTY )ss
CITY OF BLAIR, NEBRASKA
BY
JE
ALICE I. DIEDRICHSEN, hereby certifies that
duly appointed, qualified, and acting City Clerk
Blair, Nebraska, and that the above and foregoing
duly passed and adopted at a regular meeting of
City Council of said City held on the 12th day
ENNY, MAYO'/
of the City of
Resolution was
the Mayor and
of March, 1991.
O
she is the
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILMEMBER Ryan
ATTEST:
a &-e=e-, auLat4-4.--)
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1990- 7
INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with
Supplemental Agreement No. 1 between the City of Blair and the
State of Nebraska, Department of Roads F -75 -3 (1008) to fix the
amount of the City's share of the above construction and the due
date of such share, a copy of said Supplemental Agreement being
attached hereto, marked Exhibit "A "; and,
WHEREAS, the City of Blair is in agreement with the terms
and conditions of said Supplemental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair that the Supplemental Agreement attached
hereto and marked Exhibit "A" be and the same is hereby 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, the agreement and to forward said agreement to the
State of Nebraska, Department of Roads.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kros UPON ROLL CALL, COUNCILMEMBERS
Long, Ryan, Kros, Kuhr, Vinton, Shotwell, Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 12th DAY OF MARCH, 1991.
CITY BLAIR, NEBRASKA
BY
JERJ IE JENNY, M
z/
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 12th day of March, 1991.
ALICE I. IEDRICHSEN, CITY CLERK
1 ,
Arl
�i (lU llll
r
Warren Whitaker, Public Works Director
City of Blair
218 So. 16th Street
Blair, Ne. 68008
Re: Project F Blair North
Dear Warren,
I am enclosing a supplemental agreement
both originals after they are signed and
after the Department signs. Give me a
Enclosure
mwf /mwf
•ya
AGENDA ITEM #14
STATE OF NEBRASKA
E. BENJAMIN NELSON
GOVERNOR
DEPARTMENT OF ROADS
March 06, 1991
for the above project. Please return
then we will return one to the city
call if you have any questions.
Sincerely,
DEPARTMENT OF ROADS
Mo 1ty Fredrickson
Di tric Engineer
PO BOX 94759 LINCOLN NE 68509 -4759 PHONE (402) 471 -4567, FAX (402) 479 -4325
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER
C. C. STROBEL
DIRECTOR -STATE ENGINEER
1,R1 {10000
SUPPLEMENTAL
AGREEMENT NO. 1
PROJECT NO. F- 75- 3(1008), STATE CONTROL NO. 20246A
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
IMPROVE HIGHWAY US -75 IN BLAIR
THIS SUPPLEMENTAL AGREEMENT, entered into between the City of Blair,
Nebraska, hereinafter referred to as the "City ", and the State of Nebraska,
Department of Roads, hereinafter referred to as the "State ".
WITNESSETH:
WHEREAS, the parties hereto entered into an agreement executed by the City
June 12, 1990 and by the State July 9, 1990, providing for construction of .
Project No. F- 75- 3(1008), and
WHEREAS, it now becomes necessary that said agreement be supplemented to
fix the amount of the City's share of the above construction and the due date of
such share.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as
follows:
SECTION 1. The City widened the inside turn radius at 19th and Nebraska Street,
23rd and Nebraska Street and 28th and College Drive to enable the detour for
this project to accommodate a WB -50 truck. This cost is $4,495.00 and will be
deducted from the City's participation in this project.
SECTION 2. The City has requested the State to install 12" casing pipe under
the roadway for future water pipes if the City expands its water system. These
pipes will be installed by the State's Contractor for this project at no cost to
the State. The State will award a contract to the lowest responsible bidder for
the entire project. The selected bid for construction may or may not contain
the lowest bid for the pipe installation. The City shall provide an inspector
for the pipe installation who will review all pipe installation change orders
for the State's project manager. The State's project manager shall have overall
control of the work. Upon completion of the pipe installation, the City shall
give written acceptance of the work to the State. The City shall be responsible
for all maintenance of the pipes after the date of acceptance. When the pipes
are accepted by the City and all costs accumulated, the State will bill the City
for the total actual contract cost of the pipe installation, plus 8 percent of
the contract cost for construction engineering. The City agrees to pay the
State within thirty (30) days after receipt of the State's billing.
The City hereby agrees and covenants that it will hold and save harmless
and indemnify the State and any authorized representatives of the State from any
and all costs, liabilities, expenses, suits, judgments, damages to persons or
property or claims of any nature whatsoever arising out of or in connection with
the design or construction of the pipe installation. It is the intent of the
parties that this Section be construed to be consistent with
Neb.Rev.Stat. §25 -21, 187 (Supp. 1988).
SECTION 3. The City agrees to pay the State within thirty (30) days after
receipt of a billing from the State, the City's share of the project costs. The
City's share shall be 25 percent of the preliminary engineering, right of way.
utilities, construction and construction engineering costs. The project is
currently estimated to be $1,813,696.00, with the City's share being
$453,424.00. When a construction contract is awarded, the State will bill the
City for 25 percent of preliminary engineering, right of way and utility costs
incurred by the State for this project. Thirty (30) days prior to construction
work beginning, the State will bill the City for an additional $100,800.00,
which is approximately one (1) month's advance of construction costs, less the
City incurred expense of $4,495.00 as described in Section 1 above, for a net
billing of $96,305.00. The State will bill the City thereafter in the amount of
the City's share of the Contractor's progress estimates. When the City's two
(2) initial payments, plus the City's share of the progress estimates, equals
the City's estimated share of the project costs, such billings will cease until
all project costs are known except, if project costs overrun the estimated
costs, the City will be billed for its share of such overrun. When the work is
completed, and all costs accumulated, the State will prepare and submit a final
statement to the City showing the refund due to or additional payment due from
the City. The City understands that the State may, at its discretion, initiate
progress invoices for costs incurred by the State during the progression of the
project.
SECTION 4. Except•as specifically amended by this Supplemental Agreement, all
terms and conditions of the agreement executed by the City June 12, 1990 and by
the State July 9. 1990, shall remain in full force and effect.
Project No. F 75- 3(1008) -2-
City of Blair
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.
WITNESS: CITY OF BLAIR
Clerk Mayor
AGR21 -G.Z
EXECUTED by the City this
EXECUTED by the State this day of
Project No. F -75- 3(1008) -3-
City of Blair
day of , 19
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Deputy Director- Engineering
19
RESOLUTION NO. 1991- 8
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair, Nebraska, is an eligible
unit of a general local government authorized to file an 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
comments from its citizens on community development and housing
needs and has conducted a public hearing upon the proposed
application, and received favorable public comment respecting the
application for an amount of $300,000.00 for the rehabilitation
of Blair Central School into residential living units.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of
the City of Blair, Nebraska, that the Mayor and City Clerk be
authorized and directed to proceed with the formulation and
execution of any and all contracts, documents, or other memoranda
between the City of Blair and the Nebraska Department of Economic
Development so as to effect the filing and acceptance of the
grant application.
COUNCILMEMBER Ruhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Ryan, Kuhr, Shotwell, Abbott, Long and Fay
VOTING "AYE", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 26th DAY OF MARCH, 1991.
CITY OF BLAIR, NEBRASKA
BY �1. =�. y ��,1�
J�}XOME JENNY, OR /%
ATTEST:
ai-bLg- ID -
ALICE 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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 26th day of March, 1991.
a if 41I: a, A .1
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILMEMBER Long INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the State of Nebraska has determined it is neces-
sary to and plans to mill and resurface with asphaltic concrete
the center two lanes of Highway 30 between South Street and
approximately Clark Street within the municipality; and,
WHEREAS, a contract has been prepared for said project MISC-
D2(1004).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair, Nebraska, that the proposed Agreement for
project MISC- D2(1004), which such Agreement is attached hereto,
marked Exhibit "A" and by this reference made a part hereof as
though fully set forth herein, is hereby adopted and agreed upon
by the municipality.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute such Agreement on
behalf of the municipality.
COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr UPON ROLL CALL, COUNCILMEMBERS
Long, Shotwell, Kuhr, Abbott, Fay and Ryan
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 26th DAY OF MARCH, 1991.
CITY OF BLAIR, NEBRASKA
ATTEST;
RESOLUTION NO. 1991-
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
BY O� __, , Y I t
JE OME JENNY, 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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 26th day of March, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT
PROJECT NO. MISC- D2(1OO4), STATE CONTROL NO. 21384A
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
FISCAL YEAR 1991 RESURFACING PROJECT
SELECTED HIGHWAYS
THIS AGREEMENT, made and entered into by and between the City of
Blair, hereinafter referred to as the "City ", and the State of Nebraska,
Department of Roads, hereinafter referred to as the "State ",
WITNESSETH:
WHEREAS, it is the desire of the City and the State to maintain the
urban extensions of State Highways in a favorable condition for the
general public. Because of increased traffic and general deterioration of
the roadway, some of the streets require resurfacing work. It is hereby
agreed that the City and State join in resurfacing work on Selected
Highways, and
WHEREAS, the State for its Fiscal Year 1991 construction program has
programmed $25,000.00 for the resurfacing of various State highways in
• Blair, and
WHEREAS, this resurfacing shall consist of: Milling the existing
surface and overlaying with 2" asphaltic concrete from 500' south of South
Street extending 1,850' south on Highway US -30 in Blair.
NOW THEREFORE, in consideration of these facts, the parties hereto
agree as follows:
SECTION 1. The City agrees to prepare specifications, take bids, award
contracts, provide the necessary inspection to insure the performance is
within specification requirements and maintain sufficient records to fully
document locations and actual costs of work performed.
The City further agrees that final inspection of the work shall be by
the State and only that work which is deemed satisfactory shall be
eligible for payment by the State.
The City also agrees that the State's share of the cost of the work
shall be limited only to the actual construction cost of accepted work.
SECTION 2. The State agrees to participate in percent of the actual
construction cost only of work approved and accepted. The maximum
1H9101
monetary amount which the State will provide for their share of the actual
construction costs is $25,000.00.
SECTION 3. Upon completion of the work described herein, the City shall
provide to the State certification that the work has been performed
according to specifications and shall furnish a summary of actual costs of
work performed in the specific areas. These items shall be submitted to
the Department of Roads through the District 2 Office in Omaha.
The State agrees to make payment to the City for the State's share of
the actual eligible construction costs within thirty (30) days after
inspection and approval of the work by the State's District Engineer and
the subsequent receipt of the City's billing.
SECTION 4. 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 5. The City shall maintain all books, documents, papers,
accounting records and other evidence pertaining to costs incurred and
shall make such material available at its office at all reasonable times
during the contract period and for three (3) years from the date of final
payment under this agreement; such records to be available for inspection
by the State, and copies thereof shall be furnished by the City if
requested.
SECTION 6. Nothing said or implied to the contrary, the State's maximum
share of the actual costs under this agreement shall not exceed
$25,000.00.
Project No. MISC- D2(1004) -2-
City of Blair
1H9101
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 -?c', day of 9)1,1,4_,-A , 199/.
ATTEST: CITY OF BLAIR
- City Clerk
AGR2O -D.Q
>ti �I� r, ./
EXECUTED by the State this � day of
Project No. MISC- D2(1O04) -3-
City of Blair
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Deputy DJrector- Engineering
, 199' .
1H9101
COUNCILMEMBER Ryan 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
Larry D. Marsh d /b /a Blair Fish Market.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of • the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURThER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Long • MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Vinton . UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Long, Vinton, Shotwell„ Rvan, Abbott and Fay
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 9th DAY APRIL, 1991.
ATTEST:
ALICE - I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 10
CITY OF BLAIR, NEBRASKA
BY
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 9th day of April ,
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILMEMBER Kros
RESOLUTION NO. 1991- 11
INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS Sections 5 -217 and 5 -403 provide that the governing
body of the municipality may by resolution provide for the plac-
ing of stop signs or other signs and signals, and may further by
resolution prohibit parking in designated areas; and,
WHEREAS, the Highway 75 North construction project to occur
during the summer months of 1991 necessitates detouring traffic
from said highway onto various streets within the municipality;
and,
WHEREAS, it is necessary to provide for•no parking areas on
certain of those detour streets as well as traffic regulations by
stop sign to provide for the orderly flow of the detouring traf-
fic; and,
WHEREAS, the State of Nebraska has surveyed such route and
has requested that certain restrictions and regulations be enact-
ed during the detour.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that during the term as set forth
in this resolution parking of any particular kind or class of
vehicle be prohibited as follows:
(A) On the north side of Nebraska Street from its intersec-
tion with 19th Street westerly to its intersection with 23rd
Street.
(B) On the west side of 23rd Street from its intersection
with College Drive to its intersection with Nebraska Street.
(C) On both sides of College Drive from its intersection
with 23rd Street to its intersection with 25th Avenue.
(D) On both sides of North 28th Avenue from its intersec-
tion with College Drive north to the municipal limits.
BE IT FURTHER RESOLVED THAT the following stop signs be
placed stopping the traffic as indicated:
(A) On 19th Street at its intersection with Nebraska Street
for the purpose of stopping southbound traffic on 19th Street.
(B) On 23rd Street at its intersection with Nebraska Street
for the purpose of stopping traffic northbound on 23rd Street.
(C) On Wright Street at its intersection with 23rd Street
for the purpose of stopping traffic westbound on 23rd Street.
(D) On College Drive at its intersection with 28th Avenue
for the purpose of stopping traffic eastbound on College Drive.
(E) On 22nd Street at its intersection with Nebraska Street
for the purpose of stopping traffic both northbound and south-
bound on 22nd Street.
(F) On 21st Street at its intersection with Nebraska Street
for the purpose of stopping traffic both northbound and south-
bound on 21st Street.
(G) On 20th Street at its intersection with Nebraska Street
for the purpose of stopping traffic both northbound and south-
bound on 20th Street.
BE IT FURTHER RESOLVED THAT stop signs which permit a right
turn without stopping be placed at the following locations for
the purpose stopping traffic as indicated except traffic turning
right at such sign:
(A) On Nebraska Street at its intersection with 19th Street
for the purpose of stopping traffic proceeding east or north
through such intersection.
(B) On Nebraska Street at its intersection with 23rd Street
for the purpose of stopping traffic proceeding west or south
through such intersection.
(C) On College Drive at its intersection with 23rd Street
for the purpose of stopping traffic proceeding easterly on Wright
Street through such intersection.
(D) On College Drive at its intersection with 28th Avenue
for the purpose of stopping traffic proceeding west on College
Drive through such intersection.
BE IT FURTHER RESOLVED THAT the regulations contained in
this Resolution shall be in full force and effect from and after
the placing and displaying of signs reflecting the regulations
and requirements of this resolution, the traffic restrictions and
no parking requirements of this Resolution shall terminate upon
termination of the detour and the removal of such signing.
COUNCILMEMBER• Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS''READ, WHICH'SAID'MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr UPON ROLL CALL, COUNCILMEMBERS
Kros, Ruhr, Ryan, Lone. Vinton, Shotwell, Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS None •
VOTING "NAY ",• THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 9th DAY OF APRIL, 1991
ATTEST:
I Y /. t /n 7 A I , l kY /S
ALICE Im ;DIEDRICHSEN, CITY CLERK
(SEAL)
CITY •F BLAIR,
BY
ME' JENNY, YOR
SKA
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
Q Lz' D. a 0
ALICE I. DIEDRICHSEN, CITY CLERK
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 9th day of April, 1991.
COUNCILMEMBER
BLAIR, NEBRASKA, that an election is hereby called by the City of
Blair for the purpose of placing before the voters of the
Municipality the issue: should the City of Blair establish and
conduct a lottery and keno with the proceeds of such lottery and
keno being used for community betterment purposes and the award-
ing of prizes to participants.
BE IT FURTHER RESOLVED THAT such issue should be submitted
to the voters at a special election to be held on June 18, 1991,
1991, and that the City Clerk of the City of Blair should certify
the issue to be so submitted to the County Clerk for the purpose
of submitting the issue at the time of the primary election
pursuant to the Statutes of the ftate of Nebraska.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Fay UPON: ROLL CALL, COUNCILMEMBERS
Fay. Lone. Kuhr. Kros. Abbott, Vinton and Shotwell
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23• DAY OF APFIL, 1991.
ATTEST:
PEGGY J... tEPUTY CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 19
Kros INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
CITY BLAIR, NEBRASKA
BY
JE E JENNY, MAY,
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
PEGGY J. FRAHM, hereby certifies that she is the duly
appointed, qualified, and acting Deputy 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 April, 1991.
PEGGY J. Ff2AHM, EPUTY CITY CLERK
COUNCILMEMBER
WHEREAS, the Mayor and City Council have been presented an
Easement between the City of Blair and Papio- Missouri River
Natural Resources District for the placement of a parking lot
over and across municipal right of way, 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 Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Abbott, Lone, Vinton, Shotwell Kros, Kuhr and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23rd DAY OF APRIL, 1991.
- ATTEST:
(SEAL)
RESOLUTION NO. 1991-
Kros INTRODUCED THE FOLLOWING RESOLUTION:
BY
RAHM, DEPUTY CITY CLERK
13
CITY BLAIR, NEBRASKA
JER3I�E JENNY, MAY
I�
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
PEGGY J. FRAHM, hereby certifies that she is the duly
appointed, qualified, and acting Deputy 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 April, 1991.
PEGGY J. JTVAHM
DEPUTY CITY CLERK
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EASEMENT
This Agreement made this 23rd day of April, 1991, by and
between the City of Blair, Nebraska, a Municipal Corporation,
hereinafter referred to as "Grantor ", and Papio- Missouri River
Natural Resources District, 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 as follows:
Beginning at the Northeast corner of Lot 8, Block 53, origi-
nal townsite of Blair, Washington County, Nebraska, and
assuming the North line of Block 53 to bear due East and
West; thence West a distance of 74.00 feet; thence North a
distance of 37.5 feet; thence East a distance of 74.00 feet;
thence South a distance of 37.5 feet to the point of begin-
ning.
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 MLJN..ICIPAL CORPORATION
BY
JE
STA
BY
ME' JENNY, YOR I/ DUL *IZED OFFICER
OF NEBRASKA )
)ss
WASHINGTON COUNTY )
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said
county and state, personally came Jerome Jenny, Mayor of the City
of Blair, a Municipal Corporation, to me known to be the identi-
cal person who signed the above and foregoing Easement and ac-
knowledged the execution thereof to be his voluntary act and
deed.
WITNESS my hand and seal this 23rd day of April, 1991.
UMW od(i.::, w marasxa
Al ICE I. DIEDRICHSEN
My Comm. Exp. Nov. 1.1993 u �` ,�p . Q e nQ ,, �i o n .
PAPIO- MISSOURI RIVER NATURAL
RESOURCES DISTRICT
NOTARY PUBLIC
Before me, the undersigned, a Notary Public in and for said
county and state, personally came , duly authorized
officer of Papio - Missouri River Na ral Reso�iices District, to me
known to be the identical person who signed the above and forego-
ing Easement and acknowledged the execution thereof to be his /her
voluntary act and deed. gl WITNESS my hand �(i �.f�,�.l...t�his 3.Vt day of 1991.
GENERAL NOTARY -State of Lusk n
P' ICE 1. DIEDRICNSEN (Ale _ r ■- - P_ - - -
O , 1 9 9 3 NOTARY PUBLIC
ATTEST:
RESOLUTION NO. 1991- 14
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with
Agreement between the City of Blair and the State of Nebraska,
Department of, Roads for the construction of M- 6456(2) Lincoln
Street, 13th to 15th, 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 and the same is hereby 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, the agreement and to forward said agreement to the
State of Nebraska, Department of Roads.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Abbott, Tong, Vinton Shntwtll_ KrnR, Kuhr ant Fay
VOTING "AYE ", AND COUNCILMEMBERS Nana
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23rd DAY OF APRIL, 1991.
PEGGY J. FRAHM, DEPUTY CITY CLERK
(SEAL)
CITY BLAIR, NEBRI KA
BY
JE E JENNY, Mmf R
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
PEGGY J. FRAHM, hereby certifies that she is the duly
appointed, qualified, and acting Deputy City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City
Council of said City held on the 23rd day of April, 1991.
PEGGY 352111M, EPUTY CITY CLERK
dt,tJ ;):4r1
AGREIU1EHI
(Program)
PROJECT NO. M- 6456(2), STATE CONTROL NO. 21496
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
LINCOLN STREET - 13TH STREET TO 15TH STREET
THIS AGREEMENT, (Program), made and entered into by and between the City of
Blair, hereinafter referred to as the "City ", and the State of Nebraska,
Department of Roads, hereinafter referred to as the "State ",
WITNESSETH:
WHEREAS, certain streets in said City have been designated as being eligible
for Federal Aid Urban Funds by the Department of Transportation, Federal Highway
Administration, hereinafter called FHWA, in compliance with Federal laws
pertaining thereto, and
WHEREAS, Federal Aid Urban Funds have been made available by Title 23 of
the United States Code, providing for improvements on eligible city streets, and
WHEREAS, the Federal share payable on any portion of a project authorized
after November 6, 1978 shall be 75 per centum of the eligible engineering,
right -of -way, utilities and construction costs thereof, and
WHEREAS, regulations for carrying into effect the provisions of the above
mentioned act provide that the Federal share of the cost of such projects shall
be paid only to the State, and
WHEREAS, said regulations provide that the State shall supervise the
contract letting and will insure that such projects receive the same degree of
supervision and inspection as a project constructed under a contract let and
directly supervised by the State, and
WHEREAS, said regulations further permit the use of funds other than State
funds in matching Federal funds for the improvement of those city streets, and
WHEREAS, the State is willing to cooperate to the end of obtaining Federal
approval of the proposed work and Federal funds for the construction of the
proposed improvement, with the understanding that no State Funds are to be
expended on this project, and
WHEREAS, it is the desire of the City that said project be constructed under
the designation of Project No. M- 6456(2), 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 has earmarked and will place in its fiscal budget
$39,678.50, which is estimated to be the City's share of the cost of the
Project, however, both parties recognize this is a preliminary estimate only and
that the final costs may well be higher or lower than this preliminary estimate,
and
WHEREAS, the description of the project is as follows:
Widen Lincoln Street from 13th Street to 15th Street in Blair.
NOW THEREFORE, in consideration of these facts, the parties hereto agree as
follows:
SECTION 1. The State hereby agrees to present the above mentioned project to
the FHWA for its approval, and the construction of that project under the terms
of this agreement shall be contingent upon the approval of the FHWA.
SECTION 2. The City, with such assistance as may be required from the State,
agrees to perform or cause to be performed a preliminary survey and all necessary
plans, specifications and estimates for the proposed work. All plans,
specifications, estimates and surveys must be presented to the State for approval
to insure adherence to Federal standards.
SECTION 3. The project will be designed according to the 1985 State of
Nebraska Standard Specifications for Highway construction and all supplements
thereto; the State of Nebraska Standard plans for Highway construction; the
Minimum Design Standards of the Board of Public Roads Classifications and
Standards; and the State of Nebraska Road Design Manual. Any deviations from the
above must be approved by the State and the FHWA prior to preparation of plans.
SECTION 4. The State agrees to provide such assistance as required in
Section 2, and to receive and review all plans, specifications, estimates and
surveys of the City to insure they conform to Federal Standards.
SECTION 5. The parties hereto agree that the construction engineering, which
includes construction staking, inspection and field testing, will be accomplished
by State forces, City forces or a consultant selected by the City. In all cases,
the State will provide a Project Manager who will have direct and responsible
charge of the project. The State, if it desires the City to perform any or all
of the required construction engineering services, will communicate with the City
approximately three (3) months prior to the bid letting.
Project No. M- 6456(2) -2-
City of Blair
SECTION 6. Any preliminary engineering services to be performed by the City,
State or by a Consultant will be funded solely with City Funds and will not be
eligible for Federal participation.
SECTION 7. The parties further agree the State is to advertise and conduct a
letting and receive bids for the City on the contemplated improvement. The
selection of low bidders and the awarding of a contract or contracts shall be
concurred in by the City prior to award. Said contract shall be signed by the
City. Thirty (30) days prior to construction work beginning, the City will pay
to the State 25 percent of the amount reflected in the construction contract,
plus 25 percent of the estimated engineering and contingencies that may be
incurred.
SECTION 8. The City agrees to locate and reference or have located and
referenced all section corners, quarter section corners and sub- division lot
corners required for construction of the proposed project in accordance with
Neb.Rev.Stat. §39 -1708 (Reissue 1988).
SECTION 9. The City will be responsible for the actions required to complete
the environmental requirements of the Environmental Action Plan of the Nebraska
Department of Roads.
Where an offer of the public hearing is required by the Environmental Action
Plan, the State will offer an opportunity for a location public hearing or design
public hearing or combined location and design public hearing for this project.
In the event a public hearing is required, the City agrees to make the
preliminary arrangements in cooperation with the State's Hearing Officer and to
participate in the public hearing at a time and place agreeable to the
representatives of the State and the FHWA.
SECTION 10. If Federal participation is to be received for any portion of the
work on the proposed project, it is necessary that all phases of work, including
but not limited to preliminary engineering, acquisition of right of way,
utilities and construction be accomplished in accordance with the appropriate
Federal requirements.
Prior to beginning any phase of work on the project the City shall contact
the State to ensure that all work will be accomplished in accordance with the
appropriate Federal requirements.
SECTION 11. If the City performs any part of the work on this project itself,
the City agrees to abide by the provisions of the Nebraska Fair Employment
Project No. M- 6456(2) -3-
City of Blair
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 12. 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 participate 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 the City, failure of the City 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 13. Changes to the project made either during construction or after
the project is completed, including roadway geometries, access control,
commercial driveways, median breaks, parking restrictions, utility revisions or
other traffic control items shall require prior approval of the State with
concurrence of the Federal Highway Administration.
Project No. M- 6456(2) -4-
City of Blair
Changes to residential driveways on the project, unless in a controlled
access area, will not require the approval of the State but shall be accomplished
according to the guidelines established in the "Informational Guide for Preparing
Private Driveway Regulations for Major Highways" as published by the American
Association of State Highway Officials.
Requests for changes during project construction shall be made to the
State's project manager. Requests for changes after the project is completed
shall be made to the State's Access Control and Permits Officer.
SECTION 14. Upon completion, this project shall be maintained by the City at
its own expense, and the City agrees to make provisions each year for the
maintenance costs involved in properly maintaining this facility.
SECTION 15. Any utility installations made within the right of way of this
project after execution of this agreement will be in accordance with the
provisions of Federal -Aid Highway Program Manual, Volume 6, Chapter 6, Section 3,
Subsection 1, "Utility Relocations, Adjustments and Reimbursement ", and
Subsection 2, "Accommodation of Utilities" issued by the U.S. Department of
Transportation, Federal Highway Administration, or a State approved Utility
Accommodation Policy. In order to receive Federal -Aid Funds for this
improvement, the City agrees to adopt the "Policy for Accommodating Utilities on
State Highway Right -of -Way" issued by the State August, 1989, and its subsequent
revisions or additions.
It is mutually understood that all nonbetterment municipally owned and
operated utility rehabilitation costs within the corporate limits of the City
will become a project cost, but that outside said corporate limits, only the
nonbetterment portion of the rehabilitation costs of facilities currently
occupying private right of way will be reimbursed. Further, it is understood
that there will be no Federal reimbursement for private or nonmunicipally owned
and operated utilities if they are located on public right of way, however, it is
also understood that nonbetterment costs of privately owned and operated
utilities will be reimbursed if they exist on privately owned right of way and it
is necessary to rehabilitate the utilities due to this project. All such
reimbursements shall be based on items and estimates submitted by the utility and
approved by the City, State and FHWA. Should this project necessitate the
nonbetterment rehabilitation of any municipally and /or privately owned and
operated utilities, the parties hereto agree to enter into a Supplemental
Project No. M- 6456(2) -5-
City of Blair
Agreement to provide for the construction of the nonbetterment utilities and the
reimbursement to the City for the Federal share of the costs of the nonbetterment
utility construction. The parties hereto agree that should any nonbetterment
utility rehabilitation be accomplished before State and FHWA approval of a
Supplemental Agreement, said rehabilitation work shall be at the sole expense of
the City.
SECTION 16. If Federal participation is requested in right of way appraisal or
acquisition, the State on behalf of the City, will appraise and negotiate for any
additional right of way. The City shall be responsible for any eminent domain
proceedings required for acquisition of the necessary property. The appropriate
procedures as outlined in the current Nebraska Right of Way Manual approved by
the FHWA shall be followed. Regardless of whether or not Federal funds are
requested for the right of way, the City agrees to contact the State prior to
beginning any right of way activity in order that the State may advise the City
of the required right of way functions and procedures. If the State is to
appraise or negotiate for the right of way on behalf of the City, the parties
will enter into a Supplemental Agreement to detail the proper procedures. It is
understood that any right of way services furnished by the State shall be
considered as a part of the cost of the project and the State's expenses therein
shall be included as costs of the project as specified in Section 21 hereof.
SECTION 17. The City agrees, at no cost to the State, to clear the present
right of way of this project of all advertising signs. The City also agrees, at
no cost to the State, to clear any other privately owned facility or thing that
may interfere with the construction, maintenance and operation of the improvement
planned in this project, and to keep the old and new right of way free of future
encroachments, except those authorized by permit from the City and approved by
the State and Federal Highway Administration.
SECTION 18. The City hereby agrees and will certify after accomplishment that
any right of way for this improvement not donated in compliance with FHWA
guidelines will be acquired in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and the State's Right of Way
Manual as approved by FHWA.
SECTION 19. In the event that Relocation Assistance (financial aid to those
persons relocated due to the road improvement) as defined in Public Law 91 -646
(Title 42, United States Code) and Neb.Rev.Stat. §76 -1201 through 76 -1211
Project No. M- 6456(2) -6-
City of Blair
(Reissue 1986), 76 -1212 (Supp. 1988) is required for this improvement, the City
shall enter into an appropriate agreement with the State in order that the State
may perform the necessary and required relocation assistance functions. It is
understood that all relocation assistance services furnished by the State in this
connection shall be considered as a part of the cost of the project and the
State's expenses therein shall be deducted from the Federal monies received prior
to reimbursement to the City.
SECTION 20. It is understood that before final acceptance of the project by
the FHWA all signing and marking will be in conformance with the Manual on
Uniform Traffic Control Devices. The edition of the manual which is current at
the time of final acceptance shall be used.
SECTION 21. It is understood that the costs incurred by the State with respect
to the entire project shall be considered as a part of the cost of the project to
be paid out of City and Federal funds. It is also understood that the costs
incurred by the State attributable to this project, will not include any
administrative costs or expenses of administrative officials. The City
understands that the State may, at its discretion, initiate progress invoices for
costs incurred by the State during the progression of the project and the City
agrees to pay such invoices within thirty (30) days of their receipt. It is
further understood that the City's share of the total project cost shall be all
costs not paid for by Federal funds.
The final settlement between the State and the City will be made after the
final costs have been determined by the State. The amount of the final
settlement between the State and the City will be the difference between:
(1) (a) the net expenditure by the City for actual
cost items
(b) plus the value of work performed by the City based on agreed
prices
(c) plus cash advances by the City to the State
(d) less previous payments by the State to the City
AND,
(2) The City share of the project cost.
If (1) is greater than (2) the State will pay to the City the difference
within thirty (30) days after that determination has been made. If (2) is
greater than (1) the State will bill the City for the difference. The City
Project No. M- 6456(2) -7-
City of Blair
agrees to pay the State the amount of such bill within thirty (30) days of its
receipt.
The criteria contained in Part 1.31.6 of the Federal Acquisition Regulation
System (48 CFR 1.31.6) shall be applied to determine the allowability of costs
incurred by the City under this agreement.
•The City shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred and shall make such material
available at its office at all reasonable times during the contract period and
for three (3) years from the date of final payment under this agreement; such
records to be available for inspection by the State and the Federal Highway
Administration or any authorized representatives of the Federal government, and
copies thereof shall be furnished by the City if requested.
SECTION 22. It is mutually agreed that final approval of the project will be
made by the State and the FHWA and that final payment cannot be made to the City
until the project has been approved by the State and FHWA.
SECTION 23. It is understood by the City that payment for the costs of this
project, whether they be services, engineering, right of way, utilities material
or otherwise, are the sole responsibility of the City where Federal participation
is not allowable or available. Therefore, where the Federal government refuses
to participate in the project or any portion thereof the City is responsible for
full project payment with no cost or expense to the State in such project or
portion thereof. Should the project be abandoned before completion, the City
will pay all costs incurred by the State prior to such abandonment.
Project No. M- 6456(2) - 8 -
City of Blair
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.
WITNESS: CITY OF BLAIR
City Clerk Mayor
EXECUTED by the State this day of , 19_.
STATE OF NEBRASKA
DEPARTMENT OF ROADS
AGR22 -G.0
EXECUTED by the City this day of , 19
Project No. M- 6456(2) -9-
City of Blair
Deputy Director - Engineering
NONDISCRIMINATION CLAUSES
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor "), agrees as follows:
(1) Comnliancs with Regulations: The Contractor will comply with the
Regulations of the Department of Transportation relative to
nondiscrimination 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 ".
(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 Regulations, 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) Incoruorationof Provisions,: The contractor will include the provisions 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"
•
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY
RESOLUTION NO. 1991- 15
COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Bob Vinton genuinely cared about the City of Blair,
Nebraska, and its future, about its citizens, residents, and his
constituents; and,
WHEREAS, that caring resulted in his personal sacrifice to
serve the community and its residents by serving as Councilmember
of the Blair City Council and President of the Council; and,
WHEREAS, Bob Vinton served the community ably and honorably
by taking the time to research issues, inform himself of the
wishes of his constituents, to help anyone with problems they may
encounter, and to vote what he knew was right in spite of the
popularity of any vote; and,
WHEREAS, his service and sacrifice to the community should
be honored and well remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the sympathy of the City of
Blair and all of its residents be extended to the family of Bob
Vinton.
BE IT FURTHER RESOLVED that the Mayor, City Councilmembers,
employees of the City, and all of its citizens extend their
appreciation and thank you to the family of Bob Vinton for the
sacrifice of time spent by him in the pursuit of the betterment
of the municipality and its quality of life.
BE IT FURTHER RESOLVED that the memory of Bob Vinton be
maintained by upholding and striving to achieve his level of
dedication and service to the municipality with class and honor.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Long, Shotwell, Ryan, Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS Y ATP
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14th DAY OF MAY, 1991.
ATTEST:-..
ALICE I. DIEDRICHSEN, CITY CLERK
CI BLAIR, NEBR ; KA
BY
J OM JENNY, A;` OR
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 1 of May, 1991.
//��
ALICE I. DIEDRICHSEN, CITY CLERK
RESOLUTION NO. 1991- 16
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, requests for refunds of taxes pursuant to Section
77- 1736.04 R.R.S. Neb. have been made and are anticipated to be
made to the County Treasurer of Washington County, Nebraska, as a
result of Natural Gas Pipeline Company of America v. State Board
of Equalization and Trailslayer Pipeline Company v. State Board
of Equalization, Nos. 89 -901 and 89 -902; and,
WHEREAS, the City of Blair will be adversely affected finan-
cially by any such refunds and that any such refunds would
seriously interfere with the City of Blair's governmental func-
tion.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, and the Mayor and City Council do
hereby certify to the County Treasurer of Washington County,
Nebraska, that immediate payment of such refunds at this time
would seriously interfere with the City of Blair's governmental
functions.
BE IT FURTHER RESOLVED THAT a certified copy of this Resolu-
tion shall be forwarded to the Washington County Treasurer.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott
UPON ROLL CALL, COUNCILMEMBERS
Long, Shotwell, Mines, Ryan, Kros, Kuhr. Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14th DAY OF MAY, 1991.
CITE BLAIR, NEBRASKA
BY
JE ` JME 'JENNY, MA
ATTEST:
(11 16e 0._ze_dA.1,641
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the llith day of May, 1991.
/2&UJIJ o14)
ALICE I. DIEDRICHSEN, CITY CLERK:.
DATE=
TO:
FROM:
June 14, 1991
WHOM IT MAY CONCERN
WASHINGTON COUNTY BOARD OF SUPERVISORS
As you are no doubt aware, the State Board of Equalization and
Assessment met on Friday, April 12, 1991,_and complied with a
Nebraska Supreme Court decision to remove from the tax rolls
millions of dollars in personal property owned by pipeline,
telecommunications, and airline companies. The refunds would be
for the 1989 tax year.
The reduced values for the affected property were certified by
the Tax Commissioner to the County Assessor. The Assessor, in
turn, has determined and certi ied to this Bo rd the amount of
the refunds that are due as a r suit of the recIuctions in value.
Because some of the affected pr perty may be 1 cated within your
Jurisdiction, a proportional am unt of the total refund due will
be paid from the funds bei g held for y u by the County
Treasurer. The refunds will be paid by the Tr asurer's office
from the funds it has on hand for each pol tical subdivision
UNLESS the amount of such funds is insufficien to pay the refund
or unless your political subdivision certifie to the Treasurer
that payment of the refunds at this tim€ would seriously
interfere with your ability to perform your governmental
functions.
To assist you in determining how you wish to proceed in this
matter, we have enclosed herewith two documents. The first is a
copy of the governing statute, Neb. Rev. Stat. 77- 1736.04 (1989
Supp.). The• second document is a copy of the Resolution the
Board passed.
It is imperative that you determine before June 29, 1991, the
total amount of the refund due from your subdivision, and whether
payment of that amount at this time will seriously interfere with
your governmental functions. If so, your governing body must
certify that fact to the Treasurer within thirty (30) days in
order to avoid immediate payment of the refund.
In determining whether to make such a certification, you should
consider the following:
While neither this Board nor th
fact of any certification it rec
is a good faith basis for the
payment of the refund would seri
functions, that does not mean th
or will not challenge such repre
Please provide the Washington Co
immediately. THE DEADLINE IS JU
RECEIVED
JUN 1 7 '91
CITY OF BI AI j
NEBRASKA
Treasurer will look beyond the
ives to determine whether there
representation that immediate
usly interfere with governmental
t the affected companies cannot
entations in court.
my Tre surer with your response
E 28, 091.
sti,1 1 1 u u, Stir 11 .h
77 - 1736 REVENUE AND TAXATION
allies as well as taxes whleh have been illegally
imposed. Miele v. Miller, 178 Neb. 113, 125
N.W.2d 512.
Claim by railroad for refund of special assess-
ments was properly disallowed Chicago & N.
W. Ry. Co. v. City of Seward, 188 Neb. 123.88
N.W.2d 175.
Limitation under this section does not apply
to action for recovery of money paid for void
tax sale certificate against county. McDonald v.
County of Lincoln, 141 Neb. 741, 4 N.W.2d 903.
Where propriety of removal to federal court
of proceedings to recover taxes paid under pro-
test is not challenged. subsequent suit in state
court will be dismissed. Chicago, St P. M. & 0.
Ry. Co. v. Bauman, 132 Neb. 87, 271 N.W. 258.
In action by taxpayer to recover special
asaeeaments voluntarily paid, statute of limita-
tions begins to run from time of payment of the
aasesaments. Dorlend v. City of Humboldt, 129
Neb. 477.282 N.W. 22.
A metropolitan city is not required to refund
money received from purchaser at tax sale.
taxes being levied on illegal special 11111141111h
manta. McCague v. City of Omaha, 58 Neb. 37,
77 -1736. Repealed. Laws 1989, LI I i 762, § 11.
77- 1736.01 to 77- 1736.03. Repealed. Laws 1959, c. 264, § 1.
77- 1736.04. Unconstitutional tax„ assessment, or penalty; refund;
registered claim; procedure. (1) If by judgment or final order of any
court of competent jurisdiction in this state, in an action not pending on
appeal or error, it has been or shall be adjudged and determined that any
real or personal property tax, assessment, or penalty or any part thereof
was unconstitutional for any reason otter than the valuation of the prop -_
arty and such judgment or order has no! been made in time to prevent the
collection or payment of such tax, assessment, or penalty, then such tax,
assessment, or penalty, whether expended or not, which has been col-
lected pursuant to such uncol istitutioi al tax, assessment, or penalty for
the year such tax, assessment, or penalty is determined to be unconstitu-
tional shall, without the necessity of filing a claim therefor, be repaid and
refunded in the county wh originaI ly paid to the person paying such
tax, assessment, or penalty. When the tax, assessment, or penalty so
declared unconstitutional is a plicable', throughout the state or in a
political subdivision beyond e geographic jurisdiction of the court mak-
ing such declaration of unco tutionallty, then for the purpose of this
section, a judgment or final or er shall mean a judgment or final order of
the Supreme Court. If the assessment, or penalty has not been dis-
tributed by the county tre , the refund shall be made as soon as prac-
ticable, otherwise the refund shall be made within two years after the
828
II .II LII.F 1,i,ElnJ11.
75 N.W. 483. •
Taxes paid to officer, whose authority to col-
lect has ceased, may be recovered back.
Fremont E. & M. V. Ry. v. Holt County, 28 Neb.
712, 45 N.W. 183.
Right to recover taxes paid under protest
a ppliea to business tax assessed under void ordi-
nance. Caldwell v. City of Lincoln, 19 Neb. 569,
27 N.W. 847.
County is not liable for school tax collected
and paid to district, even though illegally lev-
ied. Price v. Lancaster County, 18 Neb. 199.24
.W. 705.
Above statute does not provide adequ ate
edy at law to railroad so as to preclude equi-
ble relief, where railroad, to recover taxes
d, would be required to sue county !rem-
in thirty -two different counties through
hich its line of railroad runs, thus involving
ultiplicity of suits. Chicago & N. W. Ry. Co. v.
89 F2.d 171.
Suit la not authorized against state to recover
es paid on air- flight equipment Mid- Conti-
t Airlines v. Nebraska State Board of
105 F.Supp. 188.
• COI+LECTION OF TAXES 4 77- 1736.04
final judgment is entered declaring such tax, assessment, or penalty as
unconstitutional.
(2) The county assessor shall determine all such refunds due and cer-
tify them to the county board. The county board shall certify the refund
to the county treasurer who shall pay the stone from funds in his or her
possession belonging to any political subdivision to the extent that any
political subdivision profited . from the overpayment of taxes by the tax-
payer, except that if the county treasurer does not have sufficient funds in
his or her possession belonging'to the political subdivision or if the gov-
erning body of the political subdivision certifies to the county treasurer
that the payment of such refunds at that time would seriously interfere
with its governmental functions, then the county treasurer shall register
the refund as a claim against such political subdivision and issue the per-
son entitled to the refund a receipt for the registration of the refund,
which receipt may be applied upon the payment of any tax falling due
after the second next succeeding annual levy is made on behalf of such
political subdivision, at which time such registration certificate shall be
charged against funds accruing to such political subdivision. It shall be the
responsibility of the governing body of each political subdivision to deter -
mine the amount of the liability of such political subdivision for refunds
and to make provision in its budget therefor. Multiple tax statements
issued to a taxpayer may be combined into one claim.
(3) For purposes of this section, political subdivision shall include the
State of Nebraska or any political subdivision thereof, and if the tax,
assessment, or penalty was assessed against r ... r .. ti valued by the state,
county board and county assessor shall mean the Tax Commissioner. The
procedure for refund provided for in this section shall be in addition to
refund procedures otherwise authorized by law.
(4) The county treasurer shall mail the refunds or receipts for regis-
tered claims by first -class mail to the last -known address of such taxpayer
entitled to the refund or registered claim. If a refund or registered claim is
not claimed by June 1 of the year following the year of mailing, then the
refund or receipt shall be canceled and the resultant amount credited to
the various funds originally charged.
(5) The county treasurer shall not be responsible for seeking out tax-
payers entitled to such refunds if the amount of the refund is two doUars
or less. A taxpayer requesting a refund or registered claim either by mail
or in person in any amount shall be paid by the county treasurer.
Source: Laws 1955, c. 298, § 1, p. 933; Laws 1965, c2494, § 1, p. 1581;
Laws 1966, Spec. Sess., c. 2, § 1, p. 60; Laws 1967, c. 506, § 1,
p. 1704; Laws 1973, LB 46, § 1; Laws 1975, 308, § 1; Laws
1975, LB 309, § 1; Laws 1989, LB 762, § 4.
829
BE IT RESOLVED THAT THE BOARD OF SUPERVISORS OF WASHINGTON
COUNTY, NEBRASKA:
WHEREAS, Washington County, Neb ska hereby acknowledges
that it is obligated to refund $ Ln personal property
taxes collected for tax year 1989 as per the order of the State
Board of Equalization and the final judgment of the Nebraska
Supreme Court as provided in the cases:
Natural Gas Pipeline of America v. State Board of
Equalization and Trailblazer Pipeline Company v. State
of Board of Equalization and Assessment, filed -narthre,1,
WHEREAS, Washington County Board of Supervisors as the
governing body of the political subdivision, hereby, pursuant to
Neb. Rev. Stat. 77-1736,04(2) certifies to Kay Erwin, County
Treasurer of Washington County, that the payment of such refund
at this time would seriously interfere with the government
functions of Washington County.
WHEREAS, The County Board of Supervisors, hereby directs the
county treasurer to register the refund as a claim against
Washington CountY and issue the entity entitled to the refund a
receipt for the registration of the refund.
��
PASSED AND APPROVED THIS *�^� DAY'OF , 1991.
ATTEST:
CHA OTTE PETERSEN
COUNTY CLERK
RESOLUTION a
WASHINGTON COUNTY BOARD OF SUPERVISORS
WASHINGTON COUNTY, NEBRASKA
ASSESSOR
Sidney Penke
• Telephone 402/426 -6800
April 25, 1991
SUBJECT: Public Service Recertification for the Tax Year of 1989
By The State Board of Equalization and Assessment
SCHOOLS:
Blair
Ft. Calhoun
Arlington
TOTAL
CITIES:
Arlington__
Blair
Ft. Calhoun
Herman
Kennard
Washington
TOTAL
Herman Cemetary
Non - Resident Tuition
ESU 2
ESU 3
SKP :bin
OFFICE 9F
WASHINGTON COIJIITY ASSESSOR
BLAIR, NEBRASKA 68008
3
24
NB -24
14
17
22
25
100
94
59
26
$124,479.58
11,019.55
44,442,25
4,559.59
367.58
1,416.15
9,454,34
312.24
280.53
6,074.47
13.59
20.51
$202,440.65
$ 3,967.43
22,879.28
1,150.22
1,567.31
672.40
9,49
$30,246.13
$ 123.61
1,904.83
222.98
3,072.79
FIRE DISTRICTS
Arlington
Bennington
Blair
Ft. Calhoun
Herman
Kennard
Nickerson
Uehling
Winslow
TOTAL
Respectfully,
TOWNSHIPS:
Pbtro Tech
Co. Historical
Co. General
Co. Ag Society
Papio Watershed
Ibtal Amount to be.Re'funddd,i $303,580.83
These are the amounts of monies that have to be returned to the
companies in Washington County due to the Eupteme Court ruling.
S idn ' Kay Pe
Washington Co
sor
C7
$1 055 Q
25 a gl
2O
33,$„
270.-x3:
588J3
1004Y
.61
401.91
$2,997.66
$ 490.44
337.73
941.00
1,324.01
1,101.58
$4,194.76
$8,505.93
383.76
44,665.51
703.52
4,118.70
DEPUTY ASSESSOR
Jean Ray
util.
ASSESSOR
Sidney Penke
OFFICE OF
WASHINGTON COUNTY ASSESSOR
{ID l!J Td Oil 16
(1 =1 1
BLAIR, NEBRASKA 68008
Telephone 402!426 -6800
May 24 , 1991
Amount of refund of each Centrally Assessed Property as ruled
by the Supreme Counrt of the State of Nebraska as being
unconstitutional.
Arlington Telephone COmpany $30,296.98
Blair Telephone Company $120,340.94
Eastern Nebraska Telephone Cb. $3,069.99
Hooper Telephone Co. $1159.90
Rook County Telephone Co. $1733.44
Great Plains Cbmmun.ications $41,352.43
U S West communication Inc $9,810.06
Gulf Central Pipeline Co. $9,815.18
Mid- America Pipeline Co. $22,221.05
Williams Pipeline $9,243.15'
Northern. Natural Gas $5,083.681
Minnegasco $18,635.33 -
People's Natural Gas
American Telephone & Telegraph • $30,818.70
Total Refund
$303,580.83
I hereby certify that this is the amount to be refunded to each
property owner.
1: .1311 '1;1 V'► ,j
:':. i.!!114110a
t I ?!;;71T,',1')
Washington County Assessor
DEPUTY ASSESSOR
Jean Ray
n
RESOLUTION NO. 1991- 17
COUNCILMEMBER Evan INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, pursuant to Section 19 -3028 R.R.S. Neb. the City
Council may designate the, of each and every polling
place in the municipality for any municipal election; and,
WHEREAS, the Mayor and City Council have called for a spe-
cial election on June 18, 1991; and,
WHEREAS, the City Council desires to designate a polling
place in each Ward of the mtainicipality for such election.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the following polling places
are hereby designated only for the purposes of the special= elec-
tion to be held June 18, 19911:
Ward I North School
14th & Park
Ward II Trinity Lutheran Church
141 South 20th Street
Ward III City Administration Building
218 South 16th Street
Ward IV Firat Lutheran Church
2146 Wright Street
BE IT FURTHER RESOLVED;, that the designation of the polling
places by this resolution is effective only for the election to
be held on June 18, and thereafter all prior polling place
designations as previously set by the County Clerk :shall be and -
are hereby designated for such subsequent elections.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Kros. Kuhr. Lone. Shotwell. Abbott. Fay. Ryan and Mines
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14th DAY OF MAY, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
F BLAIR, NEBRASKA
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 14th day of May, 1991.
LP A4 "( J
ALICE I. DIEDRICHSEN, CITY CLERK
NOTICE OF SPECIAL ELECTION
CITY OF BLAIR, NEBRASKA
Notice is hereby given that on Tuesday, June 18, 1991,
the polling places as follows:
Ward I
Ward II
Ward III
Ward IV
North School
14th & Park
Trinity Lutheran Church
141 South 20th Street
City Administration Building
218 South 16th Street
First Lutheran Church
2146 Wright Street
Alice I. Diedrichsen, City Clerk
Please publish this once not more than ten days nor less than
three days before the election date. Also in the same issue,
please publish a copy of the sample ballot attached hereto.
Please forward an Affidavit of Publication with reference to
these two items to the City Clerk.
a special election will be held at which there will be submitted
to the electors of the City of Blair for their approval or resec-
tion the following measure, proposition, or issue:
"Shall the City of Blair establish and conduct a lottery pursuant
to the Nebraska County and City Lottery Act with the proceeds of
such lottery being used solely for community betterment purposes,
awarding of prizes, taxes, and expenses ?"
which special election will be open at 8:00. o'clock A.M. and will
continue open until 8:00 o'clock P.M. of the same day.
Dated this 14th day of ' May , 1991.
COUNCILMEMBER ICros
RESOLUTION NO. 1991- 18
INTRODUCED THE FOLLOWING RESOLUTION:
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 a7, 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 fee • thence East parallel with the North line
of said Bloc 56 a distance of 144.00 feet to the East .
line of Lot 0 in said Block 56; thence North along said
East line a istance of 64.00 feet to the North line of
said Block 6; thence East to the Northeast corner of
Block 56; th nce North to the Southeast corner of Block
47 in said Original Townsite of Blair, Washington
County, Nebraska, thence West to the Southwest corner of
said Block 47; thence South to the point of beginning;
and,
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, may by resolution authorize such sale and
consumption of .1lcoholic 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 29, 1991, for the
sale and consumption of such alcoholic beverages only on the real
estate described hereinabove.
BE IT YURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER KroS MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr. Long, Shot-well, Ryan, Abbott, Fay and Mines
VOTING "AYE" AND COUNCILMEMBERS Nome .
VOTING "NAY ", THE MAYOR', DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 14th DAY OF MAY, 1991.
ATTEST:
ALICE T. DIEDRICHSEN, CITY CLERK
(SEAL)
Council of said City held on the
CITI ' BLAIR, NEBRASKA
B Y . � ... ,.'a.er
i 'E JENNY, M
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 and adopted at a' regular meeting of the Mayor and City
14th day May, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
NEBRASKA LIQUOR CONTROL COMMISSION
Application for Special Designated Permit
Under Nebraska Liquor Control Act - Page 2
12. Describe the type of security and control to be used during the event. (Include name of person responsible if not the same as stated in question 7 on page 1.)
FIREMAN TO PATROL FENCED AREA
13. Is the premises to be covered by the permit located within the corporate limits? ® YES ❑ NO
14. Is the premises to be covered by the permit within 150 feet of any church, school, hospital or home for the aged or indigent persons or
for veterans, their wives or children?
0 YES 50 NO
STOP! If you are a current licensee, skip to question number 22 below.
15. Corporation/Organization Officers:
Name
PRESIDENT HENRY NEEF
SECRETARY STEVE HOWARD
TREASURER . D
NOTE: You MUST ATTACH a copy p recognizing
py of the letter of exemption from the Inter al Revenue Service r the exempt status of your corporation from
the payment of Federal Income Tax. R0 , 5 �r
16. Explain how alcoholic liquors will be purchased by the permitee. If purchased from a retail licensee, please give the name and license number of the
licensee.
17. Will the premises to be covered by permit comply with all Nebraska sanitation laws? 120 YES ❑ NO
18. Are there separate toilets for both men and women? ® YES ❑ NO
19. Will anyone be playing bingo on the premises to be covered by the permit? ❑ YES ® NO
20. Will there by any other games or gambling devices on the premises to be covered by the permit? ❑ YES E1 NO
If YES, List and describe.
21. Other Information or Requests by the Applicant:
22. I declare that I am the authorized representative of the above named permit applicant and that the statements made on this application are true to the best
of my knowledge and belief. l also consent to an investigation of my background including all records of every kind including police records. I agree to
waive any rights or causes of action against the Nebraska Liquor Control Commission or any other individual releasing said Information to the Liquor
Control Commission. I further declare that the permit applied for will not be used by any other person, group, organization or corporation for profit or not for
profit.
Sign
Here ►-- '
Sign
Pm
Here ► z
BEER DISTRIBUTION — FREMONT NE
UNITED WINE — OMAHA NE
1 14 101 1 1 1 11 1
f `
r ,
Authorized Representative/Applicant
r <
Supervisor
Over 21?
XI YES D NO
I XI YES 0 NO
XI YES ❑ NO
Address
RR 2 BOX 257A BLAIR NE
1566 PARK STREET BLAIR NE
1566 PARK STREET BLAIR NE
1 a1nd1 wag, cam. xi��
CITY CLERK /TREAS
Title
5/3/1991
Date
a4-z to ,, t f% 5 — .3 ^
Title t Date
The law requires that no special designated permit provided for by this section shall be Issued by the commission without the approval of the local governing body. For the
purposes of thls section, the local governing body shall be the city or village within which the particular place for which the special designated permit is requested is located, or If
such place is not within the corporate limits of acity or village, then the local governing body shall be the county within which the place for which the special designated permit Is
requested Is located.
LCD 35.41219/87 Page 2
L .I I lul 'L 1
NEBRASKA LIQUOR CONTROL COMMISSION
Application for Special Designated Permit
Under Nebraska Liquor Control Act
•Please Type or Print •Complete all 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 a true and correct copy as filed with the IRS.
1. Type of Beverage(s) to be served: 1D Beer gl Wine ❑ Distilled Spirits
2. Status of the Applicant:
i Municipal ❑ Political ❑ Fine Arts ❑ Fraternal ❑ Religious ❑ Charitable " ❑ Retail ❑ Serv
Corporation i e
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
218
CITY OF BLAIR FIRE DEPARTMENT A S 16TH STREET
B
WASHINGTON COUNTY LAIR NE
5. Corporation, Organization, Licensee Business Address
I License Number
218 S 16TH. STREET BLAIR NE 68008
6. Name and Address of owner or lessee and name of principal occupant of the premises for which the permit is requested.
BLAIR FIRE DEPARTMENT
7. Name of Supervisor Responsible for the Organization, corporation, Licensee
ERNIE BRENNEIS
402— 6 — 4191
tuber
8. Date(s) of occasion Of a Sunday, attach local Sunday sales ordinance and hours of consumption.) 9. Time(s) of occasion. 4
JUNE 29, 1991
FROM: 1 0:00A.M.T0:12:30 A.M.
10. Description of the premises: ❑ Inside Building X Outdoor Area If outdoor area, how will premises be separated from areas open to the general
public? a Fence ❑ Tent ❑ Other (If other, please explain.)
Dimensions of area to be covered by permit: 360 ' x 15 4 ' . Please draw In the s
will be sold and consumed. LENGTH WIDTH pace provided below, the area where liquors
SEEATTACHED
11. Describe the Type of Activity to be Carried on during the time period for which the permit is requested.
WATER FIGHTS
STREET DANCE
1 111 ,11111111 1
CONTINUE ON PAGE 2
COMMISSION USE ONLY
LCC 35- 41219187 Page 1
Oct
10, •
140.
•
140.0'
- - - - - -SIXTEENTH -"
S
r • r e e40yy • ,jr — lee r e j •OO:a ji - e - - w - ,00-
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10' b 1000'
FOURTEENTH
•
�:...
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i t
_ e=
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-
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1.
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ioo: " lira . 1 %0; �._ a
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ft O _ 1 .. - _. •1 r 8.
11 - i �'� ~ ~
M0'
I HEREBY DECLARE THAT THE CORPORATION MAKING APPLICATION FOR A SPECIAL DESIGNATED
• 1PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT IS EITHER A MUNICIPAL CORPORATION, A
FINE ARTS MUSEUM INCORPORATED AS A'NONPROFIT CORPORATION, A RELIGIOUS NONPROFIT
CORPORATION WHICH HAS BEEN EXEMPTEE FROM THE PAYMENT OF FEDERAL INCOME TAXES, A
POLITICAL ORGANIZATION WHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME
TAXES, OR ANY OTHER NONPROFIT CORPORATION THE PURPOSE OF. WHICH IS FRATERNAL,
CHARITABLE, OR PUBLIC SERVICE AND tHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL
INCOME TAXES.
5/6/1991
(Date)
NEBRASKA LIQUOR CONTROL COMMISSION
APPLICATION FOR SPECIAL DESIGNATED PERMIT
UNDER'THE NEBRASKA LIQUOR CONTROL ACT
CITY OF BI 1'TRF'. DR AR'MWT,TT
(Name of Nonprofit Corporation) .
/ t41va t--
{Signature of Corporate Officer)
Title of Corpora Officer)
RESOLUTION NO. 1991- 19
COUNCILMEMBER Rvan INTRODUCED THE FOLLOWING RESOLUTION:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, that tile Agreement attached hereto, marked
Exhibit "A ", and by this reference made a part hereof as though
fully set forth herein with Automatic Systems Company for the
1991 technical service agreement for maintenance of electrical
components of the water treatment and sewer treatment facilities
owned by the City is hereby approved and adopted.
HE IT FURTHER RESOLVED that the Mayor and City Clerk of the
municipality are hereby authorized and directed to execute such
agreement on behalf of the municipality.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Shotwell UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Long, Shotwe11,'Ryan, Abbott, Fav and Mines
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14th DAY OF MAY, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
CITY BLAIR, NEBRAS A
BY
JE
'", JENNY, MAik
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 14th day of May, 1991.
t �I Y; o ,. !IQ -1 ,rW7 J
ALICE I. DIEDRICHSEN, CITY
CUSTOMER: CITY OF BLAIR
218 South 16th
Blair, NE 68008
TECHNICAL SERVICE AGREEMENT
AGREEMENT #79045STPWTPAAA
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: Water Treatment Plant
Wastewater Treatment Plant
VFD Water Booster Station
SPECIFIED WASTEWATER TREATMENT PLANT EQUIPMENT:
One 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
Six (6) Fischer & Porter Mag Flow Meters, Serial #7409Al260J1 - #7409Al260J6
Ten (10) RCS MAR25 -30 -4 Valve Actuators
Two (2) Delta Scientific D.O. Sensors
SPECIFIED VFD BOOSTER EQUIPMENT:
One 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
One (1) Inventron PC 30 Ultrasonic Level Monitor, Serial #3498
b)
SPECIFIED WATER TREATMENT PLANT EQUIPMENT:
One 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
Two (2) Leeds & Northrup Series 475 -1 Raw Water Flow Meters, Serial #82 -3 -32 and
Serial #81 -10 -696
One (1) Mead Finished Water Flowmeter, Serial #2509
One (1) Inventron PC15 Clearwell Level Monitor, Serial #3887
One (1) Inventron PC15 Reclaim Basin Monitor, Serial #3886
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
provide: Two (2) scheduled service calls.
2. These service calls shall include thorough
supplied by Automatic Systems Co. and
accomplished if necessary.
The scheduled service call shall be at the convenience of both the plant staff and Automatic Systems
Co.'s service department.
Emergency Service
charges set forth in Article 7,
examination of all equipment
complete calibration shall be
1. Emergency Service is included.
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 extemal 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 elects 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 reasonable 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 supplied by Automatic Systems Company and /or
prerequisite service in Article 1.
$80.00/hour and $ .50 /mile (Maximum)
b) Emergency or Demand Service on equipment not supplied by Automatic Systems
Company,
$120.00/hour and $ .50 /mile (Maximum)
c) Repair Service for equipment supplied by Automatic Systems Company requested
above the scheduled service calls is included.
d) Emergency or Demand Service for equipment supplied by Automatic Systems
Company is included.
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 and is scheduled in
advance by Systems Service Company.
Emergency or Demand Service is defined as all non - scheduled service.
7 . INVOICES AND PAYMENTS:
Annual Service Charges for Labor Only: $8,250.00
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 with no refunds. Any other charges,
should they occur, shall be invoiced as they occur.
8. TERMINATION OF TECHNICAL SERVICE:
Technical service under this Agreement shalt 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.
1 0. COMMENCEMENT OF AGREEMENT:
This Agreement will commence on May 1, 1991 and expire on May 1, 1992.
AUTOMATIC SYST: S C
BY:
TITLE: SERVICE MANAGER
DATE: May 1, 1991
CI
BY:
TIT
DATE:
LAIR, NEBRAS
Mayor
May 14, 1991
COUNCILMEMBER Kros
WHEREAS, the Mayor and City Council have been presented with
an Easement Agreement between the City of Blair and Kenneth
Petersen for authorization to place a private water line on
municipal right of way, a copy of said Easement Agreement being
attached hereto, marked Exhibit "A "; and,
WHEREAS, the City of Blair is in agreement with the terms
and conditions of said Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair that the Easement 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 Easement Agreement.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kros UPON ROLL CALL, COUNCILMEMBERS
Ryan, Kros, Kuhr, Long, Shotwell, Abbott, Fiy and Mines
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14th DAY OF MAY, 1991.
ATTEST:
O A o - efi" d - - AliytT
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 20
INTRODUCED THE FOLLOWING RESOLUTION:
F BLAIR, NEBRASKA
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies that she .ls the
duly appointed, qualified, and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City
Council of said City held on the
14th day of May, 1991.
-J ,
ALICE I. DIEDRICHSBN, CITY CLERK
EASEMENT AGREEMENT
This Easement Agreement made this
14th day of May,
1991, by and between the City of Blair, Nebraska, hereinafter
referred to as "Blair ", and Kenneth Petersen, hereinafter re-
ferred to as "Grantee ".
WITNESSETH:
WHEREAS, the Grantee has requested authorization to
place a private water service line on the municipal right of way
described as follows:
That part of the Right -of -Way of Lincoln Street lying
West of 25th Street,
and for and in consideration of One Dollar, mutual agreements and
covenants herein, and other good and valuable consideration, it
is agreed by and between the parties as follows:
1. Blair agrees to and does hereby grant, transfer, and
convey to the Grantee an easement over and across the municipal
right of way described hereinabove for the purpose of
construction, maintenance, and repair of a private water service
line for connection with the main running on the West side of
25th Street. (Actual location of said service line to be as
directed by the Director of Public Works.)
2. The construction, maintenance, and repair of said
private water service line shall be at the sole expense and
liability of the Grantee and Blair shall have no liability,
responsibility, or liability of any other nature or kind for the
construction, maintenance, or repair of such private water serv-
ice line.
3. The Grantee agrees that such private water service
line shall supply water to the property owned by Grantee and no
other person or entity whatsoever shall be allowed to tap on,
utilize, or in any other way obtain water from said private
service line. The Grantee further agrees that such water line
shall be constructed and installed according to all applicable
building codes and specifications of Blair and that same shall be
buried at a minimum depth of sixty (60) inches below grade. The
Grantee further agrees that he shall install a metal line with
such private service line in the event that it is constructed of
plastic materials so that same can be located as may be required.
In the event such private water service line requires location
the Grantee shall be responsible for any and all expenses at
reasonable and usual time and equipment charges for the location
of such water line if same is performed by Blair.
4. The Grantee further hereby agrees to save harmless
and indemnify Blair 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, repair, maintenance, and the place-
ment of such water service line 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 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 private water
service line and the Grantee shall further be liable to the
municipality for any attorney fees, expenses, or other expenses
incurred in recovery of such damages.
5. Blair shall have no liability or responsibility
whatsoever for any repairs or maintenance to said private water
service line and further Blair shall have the right without
recourse by the Grantee to shut off the water to such private
service line if it is determined that same is leaking and poten-
tial damage to any City right of way, grade, drainage structure,
ditch, or any other municipal property is threatened.
6. In the event that a water extension or improvement
district is created adjacent or contiguous to the property owned
by the Grantee, he hereby agrees to abandon said private water
service line in the event of the construction of such water
improvement or extension district. Upon abandonment or discon-
tinued use of the private water service line the line shall
remain in place and shall not be removed by the Grantee. The
line shall then become property of Blair and may be used by Blair
for any use which it may see fit without consideration to the
Grantee.
7. In the event City of Blair requires relocation of
such private service water line, either in whole or in part, for
any reason whatsoever, the Grantee shall be liable and
responsible for any and all changes connected with or arising as
a result of such relocation. Blair shall have no liability and
shall not be responsible for any such changes or expenses
whatsoever.
8. The Grantee further hereby warrants and covenants
that the terms and conditions of this Easement Agreement shall
run with the real estate owned by him described hereinabove and
that all of his successors, heirs, personal representatives, or
assigns shall be bound by this agreement and shall specifically
be liable for all duties and obligations of the Grantee hereunder
as though a party to this agreement originally.
9. This Easement Agreement shall be binding upon the
heirs, personal representatives, successors, and assigns of all
parties= hereto.
ATTEST:
QeF LLA, - 0,41. A A BY
ALICE I._DIEDRICHSEN, JER
CITY CLERK
CITY BLAIR, NEBRASKA
d/ �._.
., `E ENNY,
KENNETH PETERSEN, GRANTEE
COUNCILMEMBER KROS
WHEREAS, the Mayor and City Council have been presented a
temporary construction Easement between the City of Blair and
Kenneth W. Radler and Maureen Radler, husband and wife, for the
construction and maintenance of a temporary driveway over and
across municipal right of way, 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
Long UPON ROLL CALL, - COUNCILMEMBERS
Lone, Shotwell, Ryan, Kros, Kuhr, Abbott, Fay and Mines
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS. 14th DAY OF MAY, 1991.
ATTEST:_ _i
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 21
INTRODUCED THE FOLLOWING RESOLUTION:
CITY •F BLAIR, NEBRAJA
BY
JER ENNY, MAY
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 14th day of May, 1991.
(1..Q. A at.P n1 A.t „6 G'n'u
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILMEMBER
WHEREAS, the Interlocal Agreement pertaining to the Minne-
gasco Rate Area One Committee has been expanded to include var-
ious other municipalities; and,
WHEREAS, the City of Blair is in agreement with the addition
of such municipalities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair, Nebraska, that the amendment to the Inter -
local Agreement with reference to the Minnegasco Rate Area One
Committee as attached hereto marked Exhibit "A" is hereby ap-
proved and adopted by the municipality.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized and directed to execute such amendment on
behalf of the City of Blair.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Kros Long, Shotwell, Abbott, Fay and Mines
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 11th DAY OF JUNE, 1991.
ATTEST:
ICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 22
Kros INTRODUCED THE FOLLOWING RESOLUTION:
CITY * BLAIR, NEBRASKA
BY
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 Rest:at/Um' was
passed and adopted at a regular meeting of the Hoyor and City
Council of said City held on the llth day of June, 1991.
,
ALICE I. DIEDRICHSEN, CITY CLERK
This amendment is made to an Interlocal Agreement dated
August 23, 1988, by and between the City of Blair and other
participants all located in the Minnegasco Rate Area One, a copy
of said Interlocal Agreement being attached hereto, marked Exhib-
it "A," and by this reference made a part hereof.
Said Interlocal Agreement attached hereto marked Exhibit "A"
is hereby amended to provide that the cities and villages of the
State of. Nebraska which shall be participants in the Interlocal
Agreement as all located in Minnegasco Rate Area One are as shown
on Exhibit "C -15" attached ,,. hereto and contained in the Public
Officials' Handbook on Natural Gas Regulation published by the
Nebraska Energy Office.
Said agreement is further amended so as to provide that the
Minnegasco proposed Rate Area One shall consist of the Cities and
Villages of Adams, Arlington, Beatrice, Bee, Beemer, Blair,
Clatonia, Columbus, Cortland, Craig, Crete, David City, Dorches-
ter, Friend, Garrison, Greenwood, Hallam, Homer, Lincoln, Mead,
Milford, Nickerson, Oakland, Osceola, Plattsmouth, Plymouth,
Rising City, Rosalig, Seward, Shelby, Staplehurst, Tekamah,
Thurston, Ulysses, Wahoo, Wa'thill, Waverly, West Point, Wilber,
and Winnebago.
}`Peggy J., Frahm, Deputy City Clerk
AMENDMENT
CITY OF BLAIR, NEBRASKA,
A MU - PAL CORPORAT
BY —. _ -oG.. ..... ..z
JE a. JENNY, MAY
11,41 Y 1 11 ,1Y 1
INTERLOCAL AGREEMENT
THIS AGREEMENT entered into this
by and between the undersigned cities and villages of th State 1988, and
(hereinafter referred to as "participants ") of Nebraska
One, as shown on Exhibit C -20 attached hereto andatcontainedneinsco R ate Area
Officials' Handbook on Natural by the Nebraska the Energy
Office, Gas Regulation published b
WHEREAS, 519 -4601 et. seq. R.R.S. 1987, as the same may known as the Nebraska Municipal Natural Gas Regulation time ion Art her ti
referred to as the "Act ", permits the governing body of . the reafteer
time
establish natural gas rates through mechanisms which are in conjunction with
other municipalities in the same rate area; and participa nts t®
WHEREAS, Minnegasco has proposed a Rate Area One consisting of the
and Villages of Adams, Arlington, Beatrice, Bee,
Columbus, Cortland, Craig, Beemer, Blair, Cities
Garrison, Greenwood, Hallam, Crete, Mead, Milford, Nickerysoner,ClFriend,
Osceola, Plattsmouth, Plymouth, Rising City, Seward, Shelby, , Staplehurst,
Oakland,
Tekamah, Ulysses, Wahoo, Waverly, West Point and Wilber; and
WHEREAS, it is deemed to be in the public's interest for the
to coordinate and cooperate with each other in carrying out the duties and
responsibilities given to their governing bodies by the Act; and participants
WHEREAS, this Agreement reserves unto each municipality
regard to the expenditure of municipal funds and the estblisment decisions with
gas rates as provided in the Act; • of natural
NOW, THEREFORE, BE IT AGREED BY THE UNDERSIGNED PARTICIPANTS AS FOLLOWS: 1. LLOWS:
all other That each participant hereb
participants to this interlocal agreement, to to participate with
The purpose and parameters of this agreement
activities hereinafter described. Jointly conduct the
are to carry out those duties and obligations of the governin
to each by the Act, which may, g bodies ascribed
more economical or efficient manner, pbrctical application be carried out in a
out, in a joint effort of the participantsh�ch the Act may require to be carried
Section 2. Any municipality located within the proposed Minn
Area One shall have the right to become a participant under
Adoption of this Agreement by any such Minnegasco Rate
within the corporate limits of themunicupali ylasYthosl extend this Agreement.
time to time during the period of this Agreement. provisions
Any municipality i t
an original participant in this Agreement but which is located within
natural gas rate area shall have the right to become a participant the same
by this Agreement and agreeing to be bound b its terms and by notifying the
Committee established pursuant to Section 4, p by adopting
Section 3. the participants acknowledge and agree that adoption of
Agreement does not constitute and shall not be construed as this
determination by the participants either accepting or rejecting thestirate tteing area
a
9 the
boundary for Rate Area One as proposed by Minnegasco at any time.
ihY
d
Page two
Section 4. There is hereby established a Rate Area Committee to govern
the joint activities of the participants under this agreement. The Rate Area
Committee shall be formally known as the Minnegasco Rate Area One Committee,
(hereinafter referred to as "the Committee ").
Section 5. The governing body of each participant shall designate one
representative, who shall be an elected or appointed official of that
participant, to serve on the Committee. The governing body of each participant
shall also appoint one person who shall be an elected or appointed official of
that participant. to serve as an alternate representative on the Committee to
serve temporarilyy for the representative as may be necessary in the event that
the representative'•cannot serve. No prior notice need be given to the Committee
that the alternate representative will serve. The Committee shall have the
authority to take all action necessary to administer and conduct all activities
of the participants which come under the Act. The Committee is specifically
authorized to enter into agreements with other rate areas served by Minnegasco
for the conduct of activities under the Act which may be efficiently and
economically conducted in joint cooperation.
Section 6. In order to carry out the duties and responsibilities granted
to it by the Agreement, the Committee is authorized to make application for loan
or grant funds pursuant to the Act on behalf of, and in the name of the
participants. Any funds so obtained shall be paid directly to the Committee.
Section 7. A budget for the use of funds from the Municipal Natural Gas
Regulation Revolving Loan Fund shall be established in the manner set forth in
Section 19 -4617 of the Act. At such time as the Committee seeks grants or funds
other than such revolving loan funds, the Committee shall develop a budget for
the use of such funds in the same manner as provided in the Act for loans from
the Revolving Fund. A copy of the proposed budget shall be sent to each
participant immediately upon its adoption by the Committee.
Section •.8. Committee expenditures shall not exceed the budgeted amounts
provided in Section 7. The Committee may, however, at any time develop an
amended budget.
Section 9. The participants authorize and direct the Committee to retain
the services of rate consultants and legal counsels, as contemplated by the Act,
to advise the Committee with respect to its operation, administration of funds,
rate and compliance matters. The Committee is hereby authorized to expend from
any funds coming into its possession, such monies as it deems appropriate to pay
for the services of the consultants and counsels and for such other costs and
expenses as the Committee deems appropriate in exercising its authority under
this Agreement; including, with limitation, administrative costs incurred under
this Agreement, as well as legal fees, court costs and expert fees; provided,
however, that such, expenditures shall have been provided for in the budget
approved and adopted pursuant to Section 7 of this Agreement.
Section 10. As, and when necessary, the Committee shall designate a
hearing officer to carry out the duties and responsibilities delegated to a
hearing officer under the Act.
Page three
Section 11. The Committee, its legal counsels, and rate consultants are
hereby authorized to conduct such negotiations as they deem appropriate to reach
compromise or agreement with Minnegasco; provided, however, that any compromise
or agreement shall be subject to approval by the governing body of each
participant. Any participant whose governing body does not approve the
agreement or compromise reached by the Committee and Minnegasco shall not be
bound by the agreement or compromise. Any participant who's governing body does
not approve the agreement or compromise shall be deemed to have withdrawn from
this Interlocal Agreement. Any such withdrawn participant is free to re -enter
into the Interlocal Agreement at a later date.
Section 12. The Committee shall have the power to begin, defend, and
participate in, litigation brought on behalf of, or against, the Committee or
the participants which the Committee deems advisable to further, or defend, its
efforts, and those of the participants, under the Act. Should the Committee
choose to initiate litigation, the Committee shall inform each participant by
written or verbal communication with each participant's Committee representative
of the basis of such litigation. The Committee shall also inform each
participant by written or verbal communication with each participant's Committee
representative of the status of the court proceeding.
Section 13. Each participant shall be entitled to one vote for each
thirty -five thousand (35,000) residents within its corporate boundaries,
calculated according to the most current United States census figures available;
provided, however, that each participant shall have at least one vote.
Section 14. A quorum shall consist of a majority of the Committee members
present. All decisions of the Committee shall be by a majority of the votes
present. Votes shall be calculated according to the provisions of Section 12.
At the organizational meeting, and in August of each year thereafter, the
Committee shall elect from its members a Chairperson and Secretary /Treasurer.
The Chairperson shall be responsible for the conduct of all meetings of the
Committee. The Secretary /Treasurer shall be responsible for maintaining minutes
of meetings, and the records and books of the Committee. A bank account shall
be established and maintained in the name �f the Rata Area Committee and the
Treasurer shall invest such funds as come into his or her possession in any
manner permitted by statute for the investment of municipal funds. The
Secretary /Treasurer shall make an annual accounting of funds coming into his or
her possession to each of the participants on the 1st day of May of each year.
Section 15. Each participant shall designate its-representative to the
Committee and its alternate representative at the organizational meeting. In
municipalities with a City Manager form of government, the representative and
alternate representative shall be designated in June of each year. The
representative shall serve for one year; provided, the representative's term
ends if the representative no longer holds an elected or appointed position with
the participant. If any participant's representative to the Committee shall
cease to serve in that position for any reason, the participant's alternate
representative to the Committee shall serve as the representative to the
Committee until such time as the governing body of the participant shall
designate a representative to the Committee and alternate representative.
Committee representatives shall hold office until a replacement is designated.
There is no limitation on the number of terms a representative or alternate
representative may serve on the Committee. Each committee representative shall
1 O V E R-
Page four
be entitled to cast all the votes to which his or her participating municipality
is entitled to vote.
Section 16. Meetings of the Committee shall take place upon the call of
the Chairperson or any three (3) committee members. The Committee may adopt a
regular meeting schedule. Meetings shall require at least forty -eight (48)
hours advance, written notice. The Committee shall designate a mailing address
and a normal meeting location. Provided, however, meetings may be held at a
location different than the normal meeting location if such different location
is included in the advance written notice.
Section 17. This agreement may be amended by a majority of the total
possible participant votes as calculated in Section 12.
Section 18. The term of this Agreement shall be ten (10) years
date of its adoption by at least two participants; however, from t a n y
participant may terminate its participation in this pInterlocalAgreementbyna
majority vote of that municipality's governing body. Any
terminating its participation in this Agreement under this section shall ci send
written notice by certified mail, return receipt requested, to the Chairperson
of the Committee. This Agreement shall survive a transition of the municipality
from one form of government to another.
Section 19. Each participant reserves the right to:
decisions regarding the establishment of natural rates (e) within its s
boundaries; and (2) approve any decision which would lead toanexpendi�ture of
its funds.
CITY OF RI A 1 P , NEBRASKA, A
M unicipal Corporation,
ATTEST:
)
Municipal Clerk
(S E A L)
Approved as to form:
INTLAGRE /UTILws
Mayor/Chairperson
Q101fri
( , /
Municipa\ Attorney
fleas ,
vet
Stanton-
Platte Colfax
`:::::Colon.
P o] . .:
Shelbg
York
Fillmore
Thayer
vvar
Staplehurs
Frien..t
Rate Area One
Minnegasco
P.O. Box 83008, Lincoln, NE 68501 (402) 475 -5921
Sal
Cumi
Bee
Wes
C -20
Douglas
The communities included in this rate area are subject to change
under the provisions of the Municipal Natural Gas Regulatory Act.
Otoe
Lams Johnson Nemaha
Pawnee Richardson
II I 1111111141111111 1
9/10/87
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aw
5
E W FROM: Lash L. Chaffin
•
UTILITIES SECTION
MEMO
TO: Minnegasco Rate Area One Municipal Clerks
(Please distribute to your Mayor /Chairperson and
City Manager /Administrator
ww
o a DATE: August 4, 1988
Po) RE: RATE AREA INTERLOCAL AGREEMENT
U
O 0
��
a v Enclosed you will find a copy of an interlocal agreement between
the municipalities in Minnegasco Rate Area One for your review and
consideration. This is a final draft of the interlocal agreement
incorporating most of the suggestions made by the municipalities in
Minnegasco Rate Area One. Highlights of the document include:
- The formation of a Rate Area Committee of representatives from
participating municipalities to coordinate activities associated
with any future rate increase proposals by Minnegasco (please
note that Minnegasco has not filed for any rate increases at
this time), including application for loan funds from the
Nebraska Energy Office to study the rate increase proposal as
provided for in the Nebraska Municipal Natural Gas Regulation
Act.
• Reservation of the right of each participating municipality to
make final decisions regarding the establishment of natural gas
rates and final approval of any decision which might lead to an
expenditure of public funds.
▪ A voting scheme within the rate area committee.which allows one
vote for each 35,000 residents, with a minimum of one vote per
municipality.
Please review and consider this document for adoption by your
municipality. Interlocal - agreements such as this have been
successful in other parts of the state. If your municipality adopts
this agreement, please forward a copy to:
Lash Chaffin, Utilities Coordinating Manager
League of Nebraska Municipalities
1335 "L" Street
Lincoln, NE 68508
ilnr. f 'TFtFFT • I IN•nt
!r_nRA,$;KA ngIV ' r rrirr r lr.''r. (Ann', 9 -<'n
RATE AREA INTERLOCAL AGREEMENT
August 4, 1988
Page 2
A few of the changes suggested to the original draft mailed in
May were not incorporated in this final document. Democracy always
being the best course of action, perhaps it would be mo::- appropriate
for the soon be formed Rate Area Committee to consi6 • any changes
as possible amendments to the interlocal agreement.
Your municipality will be updated as to the progress of
municipalities joining into the interlocal agreement. Judging from
the interest in the early draft, participation will be quite high.
If you have any questions or further suggestions, please feel
free to contact me at (402) 476 -2829.
LLC:djk
Enclosure
MEMO 8 -4 -88 /GAS
RESOLUTION NO. 1991- 23
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair has been presented with the Grant
Agreement approving, authorizing, and providing for the funding
of an airport study for the municipality; and,
WHEREAS, such Agreement is acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair that such Agreement is hereby approved
and adopted and that the Mayor and City Clerk are hereby author-
ized to execute such agreement and any and all other required
documentation or agreements with the Federal Aviation Administra-
tion or the Nebraska Department of Aviation.
COUNCILMEMBER . Shotwell MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Mines UPON ROLL CALL, COUNCILMEMBERS
Long, Shotwell, Mines,.Kros, Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 11th DAY' OF JUNE, 1991.
ATTEST:
.,1 o�x
ALICE I. DIEDRICHSEN, CITY CLERK
r
( SEAL
CITY }F BLAIR, NEBRASKA
BY
JE ME `JENNY, MAY
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 11th day of June, 1991.
j ,i , CAP tee. A i.+. ,, J
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have been presented with
an Easement between the City of Blair and Dr. David E. Johnson
for vehicular parking on municipal right of way, 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 Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Kros, Mines, Long, Shotwell, Abbott, and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 11th DAY OF JUNE, 1991.
A
n ew ,iJ aci-, ,4
ALICE t.DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 24
C
BY
BLAIR, NEB
SKA
ome Jenny, 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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 11th day of June, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
EASEMENT
This Agreement made this 11th day of June 1991, by and
between the City of Blair, Nebraska, a Municipal Corporation,
hereinafter referred to as "Grantor ", and Dr. David E. Johnson,
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 Southeast corner of Tax Lot 564 in
Section 11, Township 18 North, Range 11 East of the 6th
P.M., Washington County, Nebraska, and assuming the
South line of Tax Lot 564 to bear due East and West;
thence South a distance of 27.5 feet; thence West a
distance of 92.55 feet; thence North a distance of 27.5
feet; thence East a distance of 92.55 feet to the point
of beginning.
for the sole purpose of vehicular parking for the Blair Small
Animal Clinic.
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 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 his own expense. It is specifically
understood and agreed that the Grantor shall not be liable to the
Grantee for any damages whatsoever upon termination of this
easement.
The Grantee further hereby agrees to save harmless and
indemnify the Grantor from any and all claims, causes of action,
damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, maintenance, and the placement of
such improvements on municipal right of way. Such indemnifica-
tion 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 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 parking lot
and the Grantee shall further be liable to the municipality for
any attorney fees, expenses, or other expenses incurred in recov-
ery of such damages.
This easement may not be assigned by the Grantee and the
rights under this easement shall not run with the land but shall
terminate upon conveyance of the property adjacent to such right
of way which is owned by the Grantee.
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
GENERAL NOTARY -state of Nebraska
WARREN D. WHITAKER
My Comm. Exp. Feb. 8, 1992
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
GENERAL NOTARY-Rote of Nebraska
WARREN D. WHITAKER
My Comm. Exp. Feb. 8, 1992
CITY OF BLAIR, NEBRASKA
A M ,, +P CIPAL CORPO TION
BY
Before me, the undersigned, a Notary Public in and for said
county and states, personally came Jerome Jenny, Mayor of the
City of Blair, Nebraska, a Municipal Corporation, to me known to
be the identical person who signed the above and foregoing Ease-
ment as Grantor and acknowledged the execution thereof to be his
voluntary act and deed.
WITNESS my hand and seal this /2, day of June, 1991.
NOTARY PUBLIe
Before me, the undersigned, a Notary Public in and for said
county and states, personally came David E. Johnson, 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 /V-,,/� day of June, 19•1.
JENNY, , , � OR
/
TARY PUBLIC
COUNCILMEMBER
RESOLUTION NO. 1991- 95
Kros
INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have determined that
generally it is acceptable to grant an easement from the City to
various property owners in residential districts for the purpose
of the installation of fences on municipal right of way; and,
WHEREAS, the easement attached hereto, marked Exhibit "A,"
is approved by the Mayor and City Council for the issuance of
such easements and the terms and conditions to be applied there-
to; and,
WHEREAS, the Mayor and City Council further have determined
that approvals of such requests for easements on a routine basis
may be approved by the City Administrator on an administrative
basis without specific approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED that as a matter of municipal
policy the City Administrator is hereby authorized to review and
approve requests for the installation of fences on municipal
right of way in residential districts.
BE IT FURTHER RESOLVED that the City Administrator may
decline to make any such approvals if he deems it appropriate for
the Mayor and City Council to review the request and approve or
disapprove same.
BE IT FURTHER RESOLVED that such approval by the City Admin-
istrator shall be made only in the event the land owners execute
and deliver to the municipality a signed easement in the form
attached hereto marked Exhibit "A" or as may be modified from
time to time.
BE IT FURTHER RESOLVED that the Mayor and City Clerk of the
municipality are hereby authorized to execute any easements
approved by the City Administrator pursuant to this policy.
BE IT FURTHER RESOLVED that any such fences shall be in full
compliance with all applicable municipal regulations or zoning
requirements, including but not limited to all height, construc-
tion, and set back requirements.
COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Shotwell UPON ROLL CALL, COUNCILMEMBERS
Kros, Shotwell, Abbott, Long and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th
DAY OF JUNE, 1991.
CITY i BLAIR, NEBRASK
BY
JE
MAYO
ATTEST:-
ALICE 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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 25th day of June, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
EASEMENT
This Agreement made this day of
s1
199 , by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Grantor ", and
,.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:
for the sole purpose of the installation of a fence on municipal
right of way. In no event shall the location of the fence be
closer than three feet from an existing sidewalk or fifteen feet
from the curb where there is no existing sidewalk. The exact
location of the fence shall be approved by the Director of Public
Works and the City Administrator.
No modifications of such fence 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 termi-
nation which such notice may be given to the Grantee by regular
United States mail, postage prepaid. In the event and at such
time of the termination of this easement, the Grantee shall
remove such fence at his /her own expense. It is specifically
understood and agreed that the Grantor shall not be liable to the
Grantee for any damages whatsoever upon termination of this
easement.
The Grantee further hereby agrees to save harmless and
indemnify the Grantor from any and all claims, causes of action,
damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, maintenance, and the placement of
such improvements on municipal right of way. Such indemnifica-
tion 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 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 parking lot
and the Grantee shall further be liable to the municipality for
any attorney fees, expenses, or other expenses incurred in recov-
ery of such damages.
This easement may not be assigned by the Grantee and the
rights under this easement shall not run with the land but shall
terminate upon conveyance of the property adjacent to such right
of way which is owned by the Grantee.
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION
BY
Grantee JEROME JENNY, MAYOR
Before me, the undersigned, a Notary Public in and for said
county and states, personally came Jerome Jenny, Mayor of the
City of Blair, Nebraska, a Municipal Corporation, to me known to
be the identical person who signed the above and foregoing Ease-
ment as Grantor and acknowledged the execution thereof to be his
voluntary act and deed.
WITNESS my hand and seal this day of , 199 ,__,.
NOTARY PUBLIC
Before me, the undersigned, a Notary Public in and for said
county and states, personally came , to
me known to be the identical person who signed the above and
foregoing Easement as Grantee and acknowledged the execution
thereof of to be his/her voluntary act and deed.
WITNESS my hand and seal this day of , 199 .
NOTARY PUBLIC
RESOLUTION NO. 1991- 26
that approvals of such requests for
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council have determined that
generally it is acceptable to grant an easement from the City to
various property owners in commercial and industrial districts
for the purpose of paving or hard surfacing municipal right of
way to provide parking for various businesses; and,
WHEREAS, the easement attached hereto, marked Exhibit "A,"
is approved by the Mayor and City Council for the issuance of
such easements and the terms and conditions to be applied there-
to; and,
WHEREAS, the Mayor and City Council further have determined
easements on a routine basis
may be approved by the City Administrator on an administrative
basis without specific approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED that as a matter of municipal
policy the City Administrator is hereby authorized to review and
approve requests for the paving or hard surfacing of municipal
right of way in commercial, and manufacturing districts for the
purposes of providing off street parking.
BE IT FURTHER RESOLVED that the City Administrator may
decline to make any such approvals if he deems it appropriate for
the Mayor and City Council to review the request and approve or
disapprove same.
BE IT FURTHER RESOLVED that such approval by the City Admin-
istrator shall be made only in the event the land owners execute
and deliver to the municipality a signed easement in the form
attached hereto marked Exhibit "A" or as may be modified from
time to time.
BE IT FURTHER RESOLVED that the Mayor and City Clerk of the
municipality are hereby authorized to execute any easements
approved by the City Administrator pursuant to this policy.
BE IT FURTHER RESOLVED that any such paving or hard
surfacing shall be in full compliance with all applicable munici-
pal regulations or zoning requirements.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID LOTION WAS SECONDED BY COUNCILMEMBER
Kros UPON ROLL CALL, COUNCILMEMBERS
Kros, Long, Shotwell, Abbott and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th DAY OF JUNE, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CIT
BY
F BLAIR, NEBRASKA
FENNY, MAY
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 25th day of June, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
EASEMENT
This Agreement made this day of
199 , by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Grantor ", and
, 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:
for the sole purpose of paving or hard surfacing municipal right
of way to provide vehicular parking.
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 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 his /her own expense. It is specifi-
cally understood and agreed that the Grantor shall not be liable
to the Grantee for any damages whatsoever upon termination of
this easement.
The Grantee further hereby agrees to save harmless and
indemnify the Grantor from any and all claims, causes of action,
damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, maintenance, and the placement of
such improvements on municipal right of way. Such indemnifica-
tion 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 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 parking lot
and the Grantee shall further be liable to the municipality for
any attorney fees, expenses, or other expenses incurred in recov-
ery 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.
CITY OF BLAIR, NEBRASKA -
A MUNICIPAL CORPORATION
BY
Grantee JEROME JENNY, MAYOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
Before me, the undersigned, a Notary Public in and for said
county and states, personally came Jerome Jenny, Mayor of the
City of Blair, Nebraska, a Municipal Corporation, to me known to
be the identical person who signed the above and foregoing Ease -
ment as Grantor and acknowledged the execution thereof to be his
voluntary act and deed.
WITNESS my hand and seal this day of , 199
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
NOTARY PUBLIC
Before me, the undersigned, a Notary Public in and for said
county and states, personally came , to
me known to be the identical person who signed the above and
foregoing Easement as Grantee and acknowledged the execution
thereof of to be his /her voluntary act and deed.
WITNESS my hand and seal this day of June, 1991.
NOTARY PUBLIC
COUNCILMEMBER
RESOLUTION NO. 1991- 27
WHEREAS, the City of Blair solicited proposals for profes-
sional services consisting of design and engineering specifica-
tions and preparations for the Pony Park recreational vehicle
campground; and,
WHEREAS, after review of
Council deem the proposal of
able.
BY
JE
ATT n /'
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
Kros INTRODUCED THE FOLLOWING RESOLUTION:
all proposals, the Mayor and
$4,140.00
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the proposal from
Ross Engineering, Inc. attached hereto, marked Exhibit "A," and by
this reference made a part hereof is hereby accepted and ap-
proved.
BE IT FURTHER RESOLVED the Mayor and City Clerk of the
municipality are hereby authorized and directed to execute any
and all necessary documents entering into an agreement pursuant
to said proposal.
COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Shotwell . UPON ROLL CALL, COUNCILMEMBERS
Long, Shotwell, Kros, Fay and Ab
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th DAY OF JUNE, 1991.
CITY OF BLAIR, NEBRAS
ENNY, MAY
City
to be accept-
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the
25th day of June, 1991.
(1,4. 110 06c 4 4.1-41
ALICE I. DIEDRICHSEN, CITY CLERK
9raln n_c __
_:_ ( GTN €Eat � ANNEtz �sflttv.EYORS ==__
June 19, 1990
Ms Alice Diedrichsen, City Clerk
218 South 16th
Blair, NE 68008
RE: Engineering Proposal for
Pony Park Campground Project ( No, 31 -840)
Proposal No. 153
Dear Ms. Diedrichsen:
SECTION I:
SECTION II:
SECTION III:
SECTION IV:
ATTACHMENT "A ":
ATTACHMENT "B ":
MiII Towne Building, 650 J Street. Suite 210, Lincoln, Nebraska 68508
Phone 402 - 474 -7677 FAX 402 - 474 -7678
We appreciate the opportunity to present our firm's Statement of
Qualifications for the above referenced project. We have both
the technical expertise and past Land & Water Conservation
experience to provide all of the various services outlined in
the Request For Proposal.
Qualification & Approach to Project
Responsibilities of Project Team
Scope of Services
Proposed Fees & Summary
Prior Recreational Design Experience
References
SECTION I: Qualification & Approach to Project
Ross Engineering, Inc. has professional engineers, technicians,
registered land surveyors and survey crews on its 20 person
staff with many years of experience in the design, drafting and
construction staking of municipal recreational projects. Our
clients have included numerous municipalities, the Nebraska
Department of Roads, the Nebraska Game and Parks Commission
and Lower Elkhorn Natural Resource District.
We are aware of the various issues surrounding this project. We
have contacted the project representative at the Nebraska
Department of Roads, Mr. Claude Oie to make sure the campground
and bridge (Proj. 75- 3(101) are in harmony. We have a very good
working relationship with Mr. John Hitt, the Federal Aid
administrator at the Game and Parks Commission and have worked
before with Mr. Steve Oltmans at the Papio- Missouri NRD.
One of our design philosophies is the importance of detailed
construction drawings, the Pony Park Campground Project will be
no exception. The thoroughness of our construction drawings
results in lower construction costs and fewer problems.
Ms. Alice Diedrichsen
June 19, 1991
Page 2
SECTION II:
The Pony Park Campground Project Team will be comprised of the
following:
Project Representative:
Engineer:
Draftsman:
Survey Party Chief:
Field Assistant:
Responsibilities of Project Team
Mr. Bob Ross
Mr. Dean Jaeger
Mr. Kyle Shull
Mr. Brian Dorsey
City of Blair Staff
Project Representative: Mr. Ross has had served in a supervisory
capacity on Land & Water Conservation Fund projects for
over 13 years and is in charge of the recreational projects
for the firm. He will be in communication with the City
Administrator, John Hitt (Game & Parks) and the survey
crews throughout the entire project.
Engineer: Dean Jaeger, P.E., will be responsible for the
detailed evaluation and design of all aspects of the
Project, including grading, electrical, paving and sanitary
issues.
Draftsman: Mr. Shull will be responsible for the computer
drafting of the Master Site Plan and Construction drawings.
Mr. Shull has five years experience in the CADD area and is
in charge of the maintenance of drafting standards
Survey Party Chief: Mr. Dorsey is an excellent communicator of
construction specifications and will direct all of the
various staking tasks. Mr. Dorsey will write a daily
staking report and submit it to the City of Blair each
week. Mr. Dorsey will maintain the smooth flow of the
project in its construction phase.
Field Assistant: Will be supplied by the City of Blair in
conjunction with their supervision and inspection
activities.
Ms. Alice Diedrichsen
June 19, 1991
Page 3
SECTION III: Scope of Services
PART I: PROJECT ADMINISTRATION & MASTER SITE PLAN
1. Secure a Aerial Photograph of the project area and
complete a concept layout and related information to be the
basis for the Master Site Plan.
2. Meet with representatives of the Park Board to review the
Project, and to discuss funding, scheduling, possible
alternatives and other design criteria pertaining to the
Project.
3. Prepare an updated Preliminary Construction Cost Opinion
and'evaluate proposed construction as compared to available
funds and submit to the City Administrator for review.
4. Present the Master Site Plan to the Nebraska Game & Parks
Commission for review and approval.
PART II: CONST. PLANS, SPECIFICATIONS & CONTRACT DOCUMENTS
1. Perform all design work and evaluations to determine actual
work to be completed by various contractors and prepare the
Construction Drawings, drafted on 24" x 36" vellums.
Federal and State handicap access criteria will be strictly
adhered to.
2. Prepare the Contract Documents indicating the specific
requirements for the Project including the Bidding
Documents, General Conditions, Special Provisions,
technical specifications and addendum, if required: prior
to opening of bids.
3. Summarize the various quantities and prepare the
Preliminary Construction Cost Opinion.
4. Present the Plans, Specifications and Contract Documents to
the City Administrator for review and approval.
5. Present the Plans, Specifications and Contract Documents to
the Nebraska Game & Parks Commission for review and
approval.
6. Mail "Request for Proposals" to various local contractors
and builders bureaus and assist in obtaining bidders.
Ms. Alice Diedrichsen
June 19, 1991
Page 4
7. Consult with contractors prior to bid opening to answer
questions concerning the Project.
8. Attend the bid opening and make recommendations to the City
Council as to the lowest responsive bidder.
9. Process Contract Documents and issue "Notice to proceed."
10. Attend preconstruction meeting with representatives of the
City of Blair and the Contractor.
PART II: CONSTRUCTION STAKING
1. Consult with and act as representative of City of Blair in
the construction staking of all aspects of the project. ,
2. Review and approve all shop drawings submitted by the
Contractor, to insure that materials and equipment meet or
exceed the quality as indicated in the Specifications.
3. Submit a daily staking report each week to the City of
Blair.
The fee for providing the professional consulting engineering
Services as indicated in Section IV above, is based upon a Lump
Sum amount of $ 4,140.00
Thank you again, for allowing us to be considered for your
project. We would welcome the opportunity to meet with you and
the Consultant Selection Committee to discuss this project in
more detail.
Sincerely,
ROSS ENGINEERING, INC.
Clay Buell
Marketing Director
PP18- 153.WPS
SECTION IV: Proposed Fees & Summary
Ms. Alice Diedrichsen
June 19, 1991
Page 5
PROJECT
Maskenthine Master Park Plan
Wildlife Man. Area and RV Campground
Stanton, NE Facilities Design
Municipal
Ball Field
Ft. Calhoun, NE
Timmerman Park
West Point,
Nebraska
Willow Creek
State Rec. Area
Pierce, NE
Chautauqua
Park
Beatrice, NE
City
Park
Louisville, NE
City
Park
Valparasio, NE
Oak Lake
Park
Lincoln, NE
ATTACHMENT "A ": Prior Recreational Design Experience
Pawnee State
Recreation Area
Malcolm, NE
Conestoga State
Recreation Area
Denton, NE
Bluestein State
Recreation Area
Martell, NE
TYPE & SCOPE
Master Park Plan,
Ball Fields Design
and Restroom Facility
Design, Staking and
and Observation of
Softball Facilities
Master Park Plan
and RV Campground
Facilities Design
Maint.. Building
Tennis, Softball
RV Campground
Storm Sewer
and Restroom
Facilities Design
Water Main, Sanitary
Sewer, Ball Field w/
Concession & Press Box
Design and Const.
Staking of Water
Pump Station
Design of Sanitary
Dump Station,
Const. Staking
Design of Sanitary
Dump Station,
Const. Staking
Design of Sanitary
Dump Station,
Const. Staking
•
* Denote Land & Water Conservation Fund Project.
CLIENT
Lower Elkhorn
Natural
Resource Dist.
City of
Fort Calhoun,
Nebraska
City of
West Point,
Nebraska
City of
Beatrice,
Nebraska
City of
Louisville,
Nebraska
Village of
Valparasio,
Nebraska
Nebraska
Game and Parks
Commission
Nebraska
Game and Parks
Commission
Nebraska
Game and Parks
Commission
Lower Elkhorn
Natural
Resource Dist. - *
*
City of Lincoln
Parks & Recreation
Department
Ms. Alice Diedrichsen
June 19, 1991
Page 6
Mr. Tom Harvat, P.E.
City Engineer
City of North Platte
211 West 3rd Street
North Platte, Nebraska
(308) 534 -2610
Mr. Steve Oltmans
General Manager
Papio- Missouri River NRD
8901 S. 154th Street
Omaha, Nebraska 68138
(402) 444 -6222
Mr. Rex Behrends, P.E.
City Engineer
City of Beatrice
Beatrice, Nebraska 663102•
(402) 223 -3569
Mr. Lyle Davis, S.V.P.
Real Estate Banking Div.
National Bank of Commerce
13th & "0" Streets
Lincoln, Nebraska 68508
(402) 434 -4321
Mr. Garner Stoll (Former)
Director of Planning
City of Lincoln
555 So. 10th Street
Lincoln, Nebraska 68508
(402) 471 -7491
Mr. Roger Cartwright
MUSCO Lighting, Inc.
320 Fairplay Avenue
Broomfield, Colorado 80020
(303) 465 -3267
Ms. Mary Jo Livingston
President
Brehm Enterprises, Inc.
1300 "P" Street
Lincoln, Nebraska 68508
(402) 477 -4907
ATTACHMENT "B": References
Mr. Jess Truby
Nebraska Dept. of Roads
P.O. Box 94795
Lincoln, Nebraska 68509
(402) 471 -4567
Mr. Larry Hennings
Facilities Supervisor
Lincoln Public Schools
800 South 24th Street
Lincoln, Nebraska 68510
(402) 473 -0341
Mr. John Hitt
Federal Aid Administrator
NE Game & Parks Comm.
P.O. Box 30370
Lincoln, Nebraska 68503
(402) 464 -0641
Mr. Don Eikmeier
City Administrator
City of La Vista, NE
8116 Park View Blvd.
La Vista, Nebraska 68128
(402) 331 -4343
Mr. Dave Taladay
SE Nebraska Devel. Dist.
2631 "0" Street
Lincoln, Nebraska 68510
(402) 475 -2560
Mr. David Parker, AIA
Project Architect
Castillo Company, Inc.
2345 E. University Drive
Phoenix, Arizona 85034
(602) 231 -9000
Mr. William Bothwell ..
Real Estate Manager
Wal -Mart Stores, Inc.
701 South Walton Blvd.
Bentonville, AR 72716
(501) 273 -4262
RESOLUTION NO. 1991-
28
COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS Section 5 -217 provides that the governing body of
the municipality may by resolution provide for the placing of
stop signs or other signs and signals for the purpose of stopping
traffic on any street or alley within the Municipality's juris-
diction.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair, Nebraska, that stop signs shall be placed
at the following locations for the purpose of stopping traffic as
indicated:
(A) At the intersection of Nebraska Street and 19th Street
for the purpose of stopping traffic proceeding easterly and
westerly on Nebraska Street.
(B) At the intersection of Nebraska Street and 23rd Street
for the purpose of stopping traffic proceeding easterly and
westerly on Nebraska Street.
(C) At the intersection of Wright Street and 23rd Street
for the purpose of stopping traffic northerly on 23rd Street.
(D) At College Drive with its intersection at North 28th
Avenue for the purpose of stopping traffic proceeding southerly
on North 28th Avenue.
The foregoing traffic regulations and the requirement for
traffic to comply therewith shall remain in full force and effect
until any future action by the Mayor and City Council repeals
this resolution specifically as to any of such requirements.
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL that
stops signs shall be placed on a temporary basis and the required
stopping of traffic is in compliance herewith shall be effective
until the completion of the north Highway No. 75 construction
project and the elimination of the detour required thereby.
Signs shall be placed at the following intersections for the
purposes of stopping traffic as designated herein.
(A) At the intersection of 19th Street and Nebraska Street
for the purpose of stopping traffic proceeding northerly and
southerly on 19th Street.
(B) At the intersection of 23rd Street and Nebraska Street
for the purpose of stopping traffic proceeding northerly and
southerly on 23rd Street.
(C) At the intersection of 23rd Street and Wright Street
and College Drive for the purpose of stopping traffic eastbound
on College Drive and westbound on Wright Street.
(D) At the intersection of North 28th Avenue and College
Drive for the purpose of stopping traffic eastbound and westbound
on College Drive.
(E) At the intersection of Jackson Street and 23rd Street
for the purpose of stopping traffic eastbound on Jackson Street.
(F) At the intersection of Larsen Drive and 28th Avenue for
the purpose of stopping traffic westbound on Larsen Drive.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott . UPON ROLL CALL, COUNCILMEMBERS
Long, Kros, Shotwell, Fay and Abbott
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th DAY OP JUNE, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
ALICE I. DIEDRIC
duly appointed, qualified
Blair,
passed
CLERK
CITY Q� BLAIR, NEBRASKA
HSEN, hereby certifies that she is the
, and acting City Clerk of the City of
Nebraska, and that the above and foregoing Resolution was
and adopted at a regular meeting of the Mayor and City
Council of said City held on the 25th day of June, 1991.
ICE I. DI CITY CLERK
RESOLUTION NO 1991 -
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair desires to adopt a policy with
reference to the participation by the City in special assess-
ments, said policy being attached hereto marked Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
of the City of Blair, Nebraska, that the policy attached hereto,
marked Exhibit "A," and by this reference made a part hereof as
though fully set forth herein is hereby adopted and approved by
the City of Blair.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to approve such policy on behalf
of the municipality.
COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long UPON ROLL CALL, COUNCILMEMBERS
Long, loos, Abbott, Fay and Shotwell
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th DAY OF JUNE, 1991.
CITY i BLAIR, NEBRASKA
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
BY
/rEENNY, M
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 25th day of June, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
To: Mayor and City Council
From: Special Committee on Subdivision Financing
Reference: Committee Recommendation
The Committee members recommend that the City participate in the
financing of water, sewer, street and storm sewers in new
residential subdivisions utilizing the following policy:
I. The City Council and Planning Commission would become more
of a partner in the development and layout of new
subdivisions.
a) All new subdivisions would be reviewed to make sure no
lot being platted would have more in assessments against
it than could reasonably be derived from the sale of the
lot.
b) All new subdivisions utilizing City financing shall be
reviewed by the Planning Commission and City Council for
the feasibility of staged development.
c) New proposals for subdivisions may be required to submit
evidence to the Council and Planning Commission that
substantial need exists for the number of lots being
proposed, need shall include proposed price range, type
of zoning, and any construction limitations.
d) Once a development is in and special assessments levied,
it shall be the responsibility of the developer to keep
all assessments current.
1) It shall be the policy of the City to cooperate and
work with the developer to avoid foreclosures
providing however, the City shall reserve all of its
rights to foreclosure and enforcement of its lien if
if it is deemed necessary by the City.
II. At the time of development the City and developer
shall participate as follows utilizing a developers
agreement.
a) Developer will be responsible for paying:
1) All land costs -
2) All legal costs
3) All surveying costs
4) All grading costs
5) 205 down on water, sewer, storm sewer, and
street improvements. (to be paid after bids are
opened and prior to the signing of construction
contracts)
6) Gas, electric, and street light with approval
of Council.
b) City will be responsible for:
a) Doing all contracting for construction
b) Approving all plans and specifications
c) Pay the cost of street intersections
d) Pay the cost of water mains over 6"
e) Pay the cost of sewer mains over 8"
f) Finance 80% of water, sewer, storm sewer, and
streets by issuing bonds and assessing the lots
based on lot front footage.
g) All assessments to be negotiated between City
and developer as to, term: water /sewer - 5 -10
years; streets /storm sewer up to 20 years.
h) Prior to participating the City may require the
developer to submit 3 years financials and in
case of a corporation its principle stock
holders, to determine a developers ability to
meet the development obligations. The City
shall also review a developers previous
performance in development of new subdivisions.
and
ATTEST:
City Clerk Alice I. Diedrichaen
RESOLUTION
1991 -30
WHEREAS, there has been signed by the City of Blair ,n the
23rd day of April 19_ and by the State on the 3rd day of
May 19 91 an agreement providing for the construction of a Federal
Aid Urban project to widen Kbtnagxlsegzaaingr T.inrnln 4 e from 1' h
Street to 15th 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 a&
M- 6456(2) ,and
WHEREAS, the above mentioned agreement provided that the City would pay
all non-federal. costa
WHE REAS, the State and the City received bids for the construction of
this project on June 27, 1991 at which time 5
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:
Luxe Construction Company. Incorporated. Blair. Nebraska:
Grading, Concrete Pavement, Culverts; $128,049.92
NOW THEREFORE, in consideration of the above facts, the City Council of the
City of Blair 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.
DATED THIS 9th DAY OF July
Cauncif Member
MOVED THE ADOPTION OF SAID
RESOLUTION.
A.D. 19 91
ROLL CALL: 8 YEA, 0 NAY
RESOLUTION ADOPTED, SIGNED AND
BILLED AS ADOPTED
STATE OF NEBRASKA
DEPARTMENT OF ROADS
G. C. Strobel, Director
1500 Nebraska Hwy 2
PO Box 94759
Lincoln NE 68509 -4759
Phone (402) 471-4567
FAX (402) 479-4325
City of Blair
Alice I. Diedricksen, City Clerk
218 South 16th Street
Blair, NE 68008
Sincerely,
r es . ;y np'ek, Manager
Contract Lettings, Facilities,
and Transportation Services Division
CFV /V5 -A6
July 1, 1991
Re: Federal Aid Urban Project No. M- 6456(2)
Letting Date: June 27, 1991
We have enclosed a resolution on the above project for your consideration. It
has been prepared by using the bid tabulations to select the low bidder(s) to
whom a contract(s) should be awarded.
Please take action on this resolution immediately. We need to have the
completed resolution in this office by Wednesday July 17, 1991 so we can comply
with the laws concerning award or rejection of this project.
You may want to consider the following before taking official action:
1. The enclosed tabulation of all bids received on this project.
2. The low bid(s) for the entire project exceeds the estimated cost of
$124,990.00. This estimate is confidential and is furnished for your
information only.
Complete the blanks at the bottom of the resolution showing your official action
and affix the appropriate signatures in the spaces provided. Return the
original to the Department of Roads, Contract Lettings Division, and keep the
copy for your records.
This resolution gives authority for your mayor and city clerk to sign the
contract(s) that will be mailed to you at a later date.
If you have any questions, call this office 402 - 479 -4525.
cc: Chuck McCann
Monty W. Fredrickson, District 2 Engineer
File
An Equal Opportunity' Affirmative Action Employer
1
Gay Buvat
IIESRASKA
E. Benjamin Nelson
Governor
PROJECT NO.
M- 6456(2)
CONTRACT: 2496
ITEM
NO. QUANTITY UNIT
PAGE 3 OF,,'�
ORJGI 1
JUNE 27, 1991
1615 M. E. COLLINS CONTRACTING
COMPANY, INC.
WASHINGTON COUNTY
CONTRACTOR CONTRACTOR
DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL
GROUP 1
1 1.000 LUMPSUM MOBILIZATION 5,000.00 5,000.00
2 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 12 TO 24 100.00 100.00
INCHES IN DIAMETER
3 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 24 TO 36 200.00 200.00
INCHES IN DIAMETER
4 1.000 EACH CLEARING 8 ORUBBING TREES -OVER 36 TO 48 250.00 250.00
INCHES IN DIAMETER
5 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 48 INCHES 500.00 500.00
IN DIAMETER
6 1.000 EACH GRUBBING STUMPS -OVER 12 TO 24 INCHES IN 100.00 100.00
DIAMETER
7 1.000 EACH GRUBBING STUMPS -OVER 24 TO 36 INCHES.IN 200.00 200.00
DIAMETER
8 1.000 EACH GRUBBING STUMPS -OVER 56 TO 48 INCHES IN 300.00 . 300.00
DIAMETER
9 1.000 EACH GRUBBING STUMPS -OVER 48 INCHES IN DIAM. 500.00 300.00
10 1.000 EACH GENERAL CLEARING AND GRUBBING 2,000.00 2,000.00
I1 1290.000 CU YD EXCAVATION (ESTABLISHED QUANTITY) 8.00 10,520.00
12 13.000 M GAL WATER,APPLIED 20.00 260.00
13 77.000 SQ YD REMOVING PAVEMENT 6.00 462.00
14 243.000 S0 VD- REMOVING DRIVEWAY 5.00 1,215.00
15 1565.000 SQ FT REMOVING WALK 0.75 1,175.75
16 1824.000 LIN FT REMOVING COMBINATION CURB 8 GUTTER 3.50 6,384.00
TOTAL GROUP 1 28,764.75
GROUP 3
17 1411.000 SQ VD SODDING 5.00 7,055.00
18 212.000 BARRDAY BARRICADES, TYPE III 2.00 424.00
19 106.000 LTDAY TYPE 'B" HIGH INTENSITY WARNING LIGHT 2.00 212.00
20 138.000 SQ FT INSTALLATION OF PERMANENT SIGNS 10.00 1,580.00
21 7514.000 SQFTDAY MAINTENANCE OF PERMANENT SIGNS 0.50 5,657.00
22 138.000 SQ FT REMOVAL OF PERMANENT SIGNS 0.10 13.80
23 1.000 EACH FIELD LABORATORY, TYPE "B" 1,000.00 1,000.00
24 1.000 LUMPSUM MOBILIZATION 10,000.00 10,000.00
25 436.000 EACH INSTALLING TIE BARS 10.00 4,560.00
26 609.000 SQ FT CONCRETE SIDEWALKS 4.00 2,436.00
27 188.000 SQ VD CONCRETE DRIVEWAYS 30.00 5,640.00
28 2306.000 SQ.VD CONCRETE BASE COURSE 26.00 59,956.00
6"
29 460.000 TON ASPHALTIC CONCRETE,TYPE B 26.00 11,960.00
30 20.240 TON ASPHALT CEMENT FOR ASPHALTIC CONCRETE 130.00 2,631.20
31 2417.000 SQ YD SUBGRADE PREPARATION 2.00 4,834.00
32 1227.000 SQ YD COLD MILLING, CLASS 3 3.10 5,803.70
TOTAL GROUP 3 119,362.70
GROUP 4
33 1.000 LUMPSUM MOBILIZATION 6,500.00 6,500.00
34 1.000 EACH REMOVING INLETS 250.00 500.00
35 500.000 LB CAST IRON COVERS, FRAMES 8 FLANGES 1.00 500.00
36 1.000 EACH TAPPING EXISTING MANHOLE 400.00 400.00
37 25.000 LIN FT REMOVAL OF EXISTING SEWER PIPE 23.00 575.00
58 10.610 CU VD CLASS "47B" 500.00 5,305.00
CONCRETE FOR INLETS AND JUNCTION BOXES
39 0.720 CU VD CLASS "475" 1,000.00 720.00
CONCRETE FOR COLLARS
40 745.000 LB REINFORCING STEEL FOR INLETS AND 0.80 596.00
JUNCTION BOXES
41 74.000 LB REINFORCING STEEL FOR COLLARS 1.00 74.00
42 474.000 LIN FT 12" REINFORCED CONCRETE SEWER PIPE 30.00 14,220.00
43 50.000 LIN FT 15" REINFORCED CONCRETE SEWER PIPE 36.00 1,800.00
TOTAL GROUP 4 51,190.00
TOTAL GROUPS I , 3 AND 4 179,517.45
THE NUMBER OF 3 CONTRACTS
WHICH WILL BE ACCEPTED IN
THIS LETTING IS LIMITED
TO 1
ITEM
QUANTITY UNIT
ORIGINAL
• PROJECT NO. CONTRACTOR CONTRACTOR
PAGE 2 OF 3 JUNE 27, 1991
M- 6456(2) 1416 LUXA CONSTRUCTION 1583 OMNI ENGINEERING, INC.
CONTRACT: 2496 WASHINGTON COUNTY COMPANY. INCORPORATED AND SUBSIDIARIES
DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL
GROUP 1
I 1.000 LUMPSUM MOBILIZATION 1,140.00 1,140.00 1,500.00 1,500.00
2 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 12 TO 24 542.00' 342.00 75.00 75.00
INCHES IN DIAMETER
3 1.000 EACH CLEARING & GRUBBINO TREES -OVER 24 TO 36 456.00 456.00 100.00 100.00
INCHES IN DIAMETER
4 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 36 TO 48 684.00 684.00 125.00 125.00
INCHES IN DIAMETER
5 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 48 INCHES 912.00 912.00 150.00 150.00
IN DIAMETER
6 1.000 EACH GRUBBING STUMPS -OVER 12 TO 24 INCHES IN 114.00 114.00 100.00 100.00
DIAMETER
7 1.000 EACH GRUBBING STUMPS -OVER 24 TO 36 INCHES.IN 228.00 228.00 100.00 100.00
DIAMETER
8 1.000 EACH GRUBBING STUMPS -OVER 36 TO 48 INCHES IN 542.00 342.00 100.00 100.00
DIAMETER
9 1.000 EACH GRUBBING STUMPS -OVER 48 INCHES IN DIAM. 456.00 456.00 150.00 150.00
10 1.000 EACH GENERAL CLEARING AND GRUBBING 798.00 798.00 6,000.00 6,000.00
11 1290.000 CU VD EXCAVATION (ESTABLISHED QUANTITY) 5.57 7,185.30 5.00 6.450.00
12 13.000 M GAL WATER,APPLIED 50.00 650.00 10.00 130.00
13 77.000 SQ YD REMOVING PAVEMENT 10.00 770.00 5.00 385.00
14 243.000 SQ YD REMOVING DRIVEWAY 2.85 692.55 5.00 1,215.00
15 1565.000 SQ FT REMOVING WALK 0.32 500.80 0.50 782.50
16 1824.000 LIN FT REMOVING COMBINATION CURB 8 GUTTER 2.00 3,648:00 2.00 3,648.00
TOTAL GROUP 1 18,918.65 21,010.50
GROUP 3
17 1411.000 SQ YD SODDING 2.10 2,965.10 2.75 3,880.25
18 212.000 BARRDAV BARRICADES, TYPE III 1.71 562.52 3.03 642.36
19 106.000 LTDAY _ TYPE "5" HIGH INTENSITV WARNING LIGHT 6.84 725.04 3.03 321.18
20 138.000 SQ FT INSTALLATION OF PERMANENT SIGNS 2.28 314.64 3.03 418.14
21 7314.000 SQFTDAY MAINTENANCE OF PERMANENT SIGNS 0.02 146.28, 0.06 438.84
22 138.000 SQ FT REMOVAL OF PERMANENT SIGNS 1.71 235.98 5.03 418.14
23 1.000 EACH FIELD LABORATORY, TYPE "3" 2,500.00 2,500.00 1,500.00 1,500.00
24 1.000 LUMPSUM MOBILIZATION 500.00 500:00 12,000.00 12,000.00
25 436.000 EACH INSTALLING TIE BARS 6.90 5,008.40 15.00 6,540.00
26 609.000 SQ FT CONCRETE SIDEWALKS 2.35 1,431.15 2.02 1,230.18
27 188.000 SQ VD CONCRETE DRIVEWAYS 17.88 3.561.44 19.20 5,609.60
28 2306.000 SQ VD CONCRETE BASE COURSE 17.25 39.778.50 32.02 73,838.12
6"
29 460.000 TON ASPHALTIC CONCRETE,TYPE 8 26.78 12,518.80 21.35 9,821.00
30 20.240 TON ASPHALT CEMENT FOR ASPHALTIC CONCRETE 136.86 2,770.04 120.00 2,428.80
31 2417.000 SQ VD SUBGRADE PREPARATION 4.49 10,852.35 1.50 3.625.50
32 1227.000 SQ VD COLD MILLING, CLASS 3 3.25 5087.75 2.85 3,496.95
TOTAL GROUP 3 85,255.97 124,209.06
GROUP 4
53 1.000 LUMPSUM MOBILIZATION 250.00 250.00 2,000.00 2,000.00
34 2.000 EACH REMOVING INLETS 456.20 912.40 425.00 850.00
35 500.000 LB CAST IRON COVERS, FRAMES & FLANGES 1.25 625.00 1.25 625.00
36 1.000 EACH TAPPING EXISTING MANHOLE 500.00 500.00 550.00 550.00
37 25.000 LIN FT REMOVAL OF EXISTING SEWER PIPE 15.00 375.00 20.00 500.00
38 .10.610 CU VD CLASS "478" 625.00 6,651.25 475.00 5,039.75
CONCRETE FOR INLETS AND JUNCTION BOXES
39 0.720 CU VD CLASS "478" 600.00 432.00 750.00 540.00
CONCRETE FOR COLLARS
40 745.000 L8 REINFORCING STEEL FOR INLETS AND 0.75 558.75 1.25 931.25
JUNCTION BOXES
41 74.000 18 REINFORCING STEEL FOR COLLARS 1.00 74.00 2.25 166.50
42 474.000 LIN FT 12" REINFORCED CONCRETE SEWER PIPE 25.60 12,134.40 25.00 11,850.00
43 50.000 LIN FT 15" REINFORCED CONCRETE SEWER PIPE 27.65 1,382.50 32.00 1,600.00
TOTAL GROUP 4 23,875.30 24,652.50
TOTAL GROUPS 1 , 3 AND 4 128,049.92 169,872.06
PROJECT NO.
M- 6456(2)
CONTRACT: 2496
ITEM
N0. QUANTITY UNIT
PAGE 1 OF3
O i G P . A ids
2
CONTRACTOR CONTRACTOR
JUNE 27, 1991
36 THOMPSON CONSTRUCTION, 1296 GLC INC.
INC.
WASHINGTON COUNTY
DESCRIPTION UNIT BID TOTAL UNIT BID TOTAL
GROUP 1
1 1.000 LUMPSUM MOBILIZATION 1,100.00 1,100.00 2,050.00 2,050.00
2 1.000 EACH CLEARING & GRUBBING TREES -OVER 12 TO 24 1.00 1.00 50.00 50.00
INCHES IN DIAMETER
3 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 24 TO 36 • 1.00 1.00 60.00 60.00
INCHES IN DIAMETER
4 1.000 EACH CLEARING 8 GRUBBING TREES -OVER 36 TO 48 1.00 1.00 75.00 75.00
INCHES IN DIAMETER
5 1.000 EACH .CLEARING 8 GRUBBING TREES -OVER 48 INCHES 1.00 1.00 85.00 85.00
IN DIAMETER
6 1.000 EACH GRUBBING STUMPS -OVER 12 TO 24 INCHES IN 1.00 1.00 25.00 25.00
DIAMETER
7 1.000 EACH GRUBBING STUMPS -OVER 24 TO 36 INCHES .IN 1.00 1.00 40.00 40.00•
DIAMETER
8 1.000 EACH GRUBBING STUMPS -OVER 36 TO 48 INCHES IN 1.00 1.00 60.00 60.00
DIAMETER
9 1.000 EACH GRUBBING STUMPS -OVER 48 INCHES IN DIAM. 1.00 1.00 80.00 80.00
10 1.000 EACH GENERAL CLEARING AND GRUBBING 2,300.00 2,300.00 15,500.00 15,500.00
11 1290.000 CU YD EXCAVATION (ESTABLISHED QUANTITY) 8.00 10,320.00 8.50 10,965.00
12 13.000 M GAL WATER,APPLIED 35.00 455.00 10.00 130.00
13 77.000 SQ VD REMOVING PAVEMENT 7.00 539.00 4.00 308.00
14 243.000 SQ YD REMOVING DRIVEWAY 7.00 1,701.00 4.00 972.00
15 1565.000 SO FT REMOVING WALK 0.60 939.00 0.50 782.50
16 1824.000 LIN FT REMOVING COMBINATION CURB 8 GUTTER 2.85 5,198.40 .1.50 2,736.00
TOTAL GROUP 1 22,560.40 33,918.50
GROUP 3
17 1411.000 SQ VD SODDING 3.50 4,938.50 3.25 4,585.75
18 212.000 BARRDAY BARRICADES, TYPE III 1.00 212.00 7.17 1,520.04
19 106.000 LTDAV TYPE "B" HIGH INTENSITY WARNING LIGHT 2.00 212.00 2.59 274.54
20 138.000 SQ FT INSTALLATION OF PERMANENT SIGNS 2.30 317.40 4.95 683.10
21 7314.000 SQFTDAY MAINTENANCE OF PERMANENT SIGNS 0.02 146.28 0.06 438.84
22 138.000 SQ FT REMOVAL OF PERMANENT SIGNS 2.30 317.40 1.87 258.06
23 1.000 EACH FIELD LABORATORY, TYPE "B" 1,000.00 1,000.00 1,584.57 1,584.57
24 1.000 LUMPSUM MOBILIZATION 3,600.00 3,600.00 9,100.00 9,100.00
25 436.000 EACH INSTALLING TIE BARS 5.00 2,180.00 5.00 2,180.00
26 609.000 SQ FT CONCRETE SIDEWALKS 3.50 2,131.50 5.00 1,827.00
27 188.000 SO VD CONCRETE DRIVEWAYS 25.00 4,700.00 26.00 4,888.00
28 2306.000 SQ VD CONCRETE BASE COURSE 23.25 53,614.50 29.50 68,027.00
6"
29 460.000 TON ASPHALTIC CONCRETE,TYPE B 27.00 12,420.00 24.50 11,270.00
30 20.240 TON ASPHALT CEMENT FOR ASPHALTIC CONCRETE 137.00 2,772.88 145.50 2,944.92
31 2417.000 SQ YD SUBGRADE PREPARATION 1.10 2,658.70 7.50 18,127.50
32 1227.000 SQ YD COLD MILLING, CLASS 3 3.00 5,681.00 5.30 6,503.10
TOTAL GROUP 3 94,902.16 134,212.42
GROUP 4
33 1.000 LUMPSUM MOBILIZATION 650.00 650.00 1,800.00 1,800.00
34 2.000 EACH REMOVING INLETS 500.00 1,000.00 725.00 1,450.00
35 500.000 LB CAST IRON COVERS, FRAMES 8 FLANGES 1.65 825.00 1.10 550.00
36 1.000 EACH TAPPING EXISTING MANHOLE 500.00 500.00 725.00 725.00
37 25.000 LIN FT REMOVAL OF EXISTING SEWER PIPE 11.00 275.00 13.00 325.00
38 10.610 CU VD CLASS "47B" 525.00 5,570.25 380.00 4,031.80
CONCRETE FOR INLETS AND JUNCTION BOXES
39 0.720 CU VD CLASS "47B" - 750.00 540.00 1,300.00 936.00
i CONCRETE FOR COLLARS
40 745.000 LB REINFORCING STEEL FOR INLETS AND 1.10 819.50 1.10 819.50
JUNCTION BOXES
41 74.000 LB REINFORCING STEEL FOR COLLARS 1.10 81.40 1.10 81.40
42 474.000 LIN FT 12" REINFORCED CONCRETE SEWER PIPE 22.00 10,428.00 22.00 10,428.00
43 50.000 LIN FT 15" REINFORCED CONCRETE SEWER PIPE 25.00 1,250.00 26.00 1,300.00
TOTAL GROUP 4 21,939.15 22,446.70
TOTAL GROUPS 1 , 5 AND 4 139,401.71 190,577.62
COUNCILMEMBER KROS
WHEREAS, the City of Blair has been presented with an agree-
ment from the Nebraska State Department of Aeronautics for the
approval of financial assistance for an airport study, said
agreement being attached hereto marked Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
of the City of Blair, Nebraska, that the agreement attached
hereto, marked Exhibit "A," and by this reference made a part
hereof as though fully set forth herein is hereby approved by the
City of Blair.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to approve such agreement on
behalf of the municipality.
COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
ARROTT UPON ROLL CALL COUNCILMEMBERS
RYAN, KROS, ABB0Tr, FAY, SHOTWELL, KQHR, LONG AND }SINES
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 9TH DAY OF JULY, 1991.
CI TS/r'0 BLAI R, NEBR
ATTEST:
ALICE I.,DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 31
INTRODUCED THE FOLLOWING RESOLUTION:
STATE OF NEBRASKA )
)5s
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 9TH day of July, 1991.
( L„,
ALICE I. DIEDRICHSEN, CITY CLERK
L
l
EXTRACT FROM THE MINUTES OF AN OFFICIAL MEETING OF THE CITY COUNCIL
OF a,JTR , NEBRASKA, SPONSOR OF THE BLAIR MUNICIPAL
AIRPORT, HELD ON JULY 9 , 19 91 ..
The following resolution was introduced by Rhos , read in full,
seconded by ABBOTT
RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A FINANCIAL ASSIST-
ANCE AGREEMENT FOR PROJECT NO. 3- 31-0088 -01 TO BE SUBMITTED TO
THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA TO OBTAIN STATE
FINANCIAL AID IN THE DEVELOPMENT OF THE MUNICIPAL AIRPORT.
Be'it resolved by the Chairman and members of the City Council
of
Blair , Nebraska, that;
1. The City shall enter into a Financial Assistance
Agreement with the Nebraska Department of Aeronautics for Project No
3 -31- 0088 -01 for the purpose of obtaining state financial aid in
the development of the Municipal Airport:;and that :. such agreement shall
be as set forth hereinbelow.
2. The Mayor of the
and considered;
authorized and directed to execute saii Ti.nancial'Assistance Agreement
on behalf of the City , and the
and directed to attest said execution.
3.- The said agreement referred to herel.n.above.,is inserted in full and
attached herewith, and made a part hereofas'Exhibit "0 ".
--�
n f � �C i 2./th r P 4 ANL.�*
IC ;g eRSEN 1 erk �
City: Clerk
is hereby
i$ hereby authorized
Upon calling for a. vote on the resolution, ,'s voted yea, and o voted nay,
. .grid �° 'resolution therefore was declared passed .ajid approved on JULY 9
.S - ' i
r 9 107
{
DEPARTMENT OF AERONAUTICS
STATE OF NEBRASKA
FINANCIAL ASSISTANCE AGREEMENT
FOR
FEDERAL PROJECT NO. 3- 31- 0088 -01
This Agreement is made and entered into by and between the City
of Blair , Nebraska, a municipal corporation in
Washington County, Nebraska, hereinafter referred to as the "Munici-
pality"*, and the State of Nebraska, Department of Aeronautics, hereinafter re-
ferred to as the "State ".
WITNESSETH:
WHEREAS, the Municipality has requested financial assistance from the State for
the development of an airport located near the Municipality, with the development
being specifically described as Airport Master Plan and site selection study
and,
WHEREAS, the Municipality has acquired title to or has been granted control of the
lands comprising the above mentioned airport, and has indicated its desire to use
such lands as a public airport and,
WHEREAS, the development of said airport is in accordance with the Airport Layout
Plan, construction plans and specifications, as approved by the State and the Fed-
eral Aviation Administration, and will be in accordance with the above noted scope
of development, and within the schedule of costs attached hereto, and,
WHEREAS, the State is agreeable to the proposition of assisting the Municipality
in this work, strictly in accordance with the provisions contained herein,
NOW THEREFORE, in consideration of these facts and the mutual covenants herein
contained, the Parties hereto agress as follows:
SECTION 1. The Municipality agrees to perform, or cause to be performed, all of
the work indicated in the scope of development in accordance with the approved
plans for the project, and within the schedule of cost attached hereto and made
a part of this Agreement. The Municipality further agrees to furnish all the
materials required for said development and approved plans.
SECTION 2. The State, subject to the terms of this Agreement, will reimburse the
Municipality for a portion of the actual costs incurred in completing said develop-
ment up to a maximum of $ 3,000 , or at a rate of 50
percent of the eligible costs not paid or reimbursed by Federal funds, whichever
is the lesser, It is understood by both Parties hereto that the participation by
the State in this project is contingent upon all of the work listed in said scope
of development and approved plans being performed or caused to be performed, by
the Municipality. No item of work as listed herein shall be omitted from such
EXHIBIT "o;,
* "Municipality means any Village, City, County, City Airport Authority,..County
Airport Authority or Joint Airport Authority as recognized in the Nebraska
Statutes. -1- 7 -1 -84
scope of development without specific permission from the State. In the event
that the work is to be contracted by the Municipality, bids shall be taken as
required by law, and before any contract is awarded all bids shall be submitted
to the State for review and approval of the award.
SECTION 3. The Municipality agrees to maintain the runways, taxiways, aprons,
grounds and buildings on the airport, and to operate the airport to the standards
established by the State and the Federal Aviation Administration. It is further
agreed between the Parties hereto that the Grant Agreement dated May 28, 1991 ,
entered into by and between the Federal Aviation Administration, Washington, D.C.
and the Municipality is hereby incorporated into and made a part of this Agreement
and all of the elements, paragraphs, clauses and obligations in said agreement are
made a part hereof as if set out in full in this Agreement.
SECTION 4. In the reimbursement to the Municipality for work performed and materi-
als furnished, the State agrees to honor progress estimates processed during the
course of the construction, all of such material, construction and estimates shall
be subject to approval by the State. Based upon these estimates, funds will be
paid to the Municipality after ten percent has been deducted by the Department for
unforseen contingencies. Upon presentation of the final billings and estimates
for the work completed by the Municipality to the satisfaction of the State, the
State agrees to reimburse the Municipality in an amount based upon the actual in-
curred costs of the improvements set forth in the above noted scope of development,
the attached schedule of costs and the approved plans. The total reimbursement
shall not exceed the amount set forth in Section 2 above.
SECTION 5. It is agreed that the property described herein, and upon which these
improvements are made, shall not be sold or disposed of without the written approval
of the State, or reimbursement in the amount of participation according to this
Agreement and all previous agreements under which the land was acquired, has been
made to the State.
SECTION 6. The Municipality agrees to arrange for zoning of the airport in accor-
dance with Sections 3 -301 to 3 -333 Reissue Revised Statutes of Nebraska, 1943, and
approved by the State, and to see that such zoning regulations are recorded in the
County records. Such zoning shall be accomplished and placed in full force and
effect as soon as possible. Payments made to the Municipality under this Agreement
may be contingent upon completion of such zoning.
IN WITNESS WHEREOF, the Parties hereto have authorized these presents to be exe-
cuted by their proper officials, as of the dates below indicated.
Executed by the Department of Aeronautics this 26 t hy of June 19 91 .
NEBRASKA DEPARTMENT OF AERONAUTICS
Executed by the CP17
ATTEST: �t,,�
cE-k -XK X MMY
- - A . \.'. -+", 7
7 (Director
MUNICIPALITY
this day of O � 19
0° (5
\ Mayor- JMMXx
7 1 AA
COST ESTIMATE
Blair Airport (New)
Blair, Nebraska
Project No. 3 -31- 0088 -01
July 1, 1991
Scope: Airport Master Plan and
Site Selection Study
Engineering: 56,500
Legal, Administrative, etc. 3.500
TOTAL 60,000
State Sponsor FAA Total
$ 3,000 (5 %)
$ 3,000 $ 54.000 (90 %) $ 60,000
DEPARTMENT OF AERONAUTICS
STATE OF NEBRASKA
FINANCIAL ASSISTANCE AGREEMENT
FOR
FEDERAL PROJECT NO. 3 -31- 0088 -01
This Agreement is made and entered into by and between the City
of Blair , Nebraska, a municipal corporation in
Washington County, Nebraska, hereinafter referred .to as the "Munici-
pality"*, and the State of Nebraska, Department of Aeronautics, hereinafter re-
ferred to as the "State ".
WITNESSETH:
WHEREAS, the Municipality has requested financial assistance from the State for
the development of an airport located near the Municipality, with the development
being specifically described as Airport Master Plan and site selection study
and,
WHEREAS, the Municipality has acquired title to or has been granted control of the
lands comprising the above mentioned airport, and has indicated its desire to use
such lands as a public airport and,
WHEREAS, the development of said airport is in accordance with the Airport Layout
Plan, construction plans and specifications, as approved by the State and the Fed-
eral Aviation Administration, and will be in accordance with the above noted scope
of development, and within the schedule of costs attached hereto, and,
WHEREAS, the State is agreeable to the proposition of assisting the Municipality
in this work, strictly in accordance with the provisions contained herein,
NOW THEREFORE, in consideration of these facts and the mutual covenants herein
contained, the Parties hereto agress as follows:
SECTION 1. The Municipality agrees to perform, or cause to be performed, all of
the work indicated in the scope of development in accordance with the approved
plans for the project, and within the schedule of cost attached hereto and made
a part of this Agreement. The Municipality further agrees to furnish all the
materials required for said development and approved plans.
SECTION 2. The State, subject to the terms of this Agreement, will reimburse the
Municipality for a portion of the actual costs incurred in completing said develop-
ment up to a maximum of $ 3,000 , or at a rate of 50
percent of the eligible costs not paid or reimbursed by Federal funds, whichever
is the lesser, It is understood by both Parties hereto that the participation by
the State in this project is contingent upon all of the work listed in said scope
of development and approved plans being performed or caused to be performed, by
the Municipality. No item of work as listed herein shall be omitted from such
* "Municipality means any Village, City, County, City Airport Authority,,County
Airport Authority or Joint Airport Authority as recognized in the Nebraska
Statutes. -1- 7 -1 -84
scope of development without specific permission from the State. In the event
that the work is to be contracted by the Municipality, bids shall be taken as
required by law, and before any contract is awarded all bids shall be submitted
to the State for review and approval of the award.
SECTION 3. The Municipality agrees to maintain the runways, taxiways, aprons,
grounds and buildings on the airport, and to operate the airport to the standards
established by the State and the Federal Aviation Administration. It is further
agreed between the Parties hereto that the Grant Agreement dated May 28, 1991 ,
entered into by and between the Federal Aviation Administration, Washington, D.C.
and the Municipality is hereby incorporated into and made a part of this Agreement
and all of the elements, paragraphs, clauses and obligations in said agreement are
made a part hereof as if set out in full in this Agreement.
SECTION 4. In the reimbursement to the Municipality for work performed and materi-
als furnished, the State agrees to honor progress estimates processed during the
course of the construction, all of such material, construction and estimates shall
be subject to approval by the State. Based upon these estimates, funds will be
paid to the Municipality after ten percent has been deducted by the Department for
unforseen contingencies. Upon presentation of the final billings and estimates
for the work completed by the Municipality to the satisfaction of the State, the.
State agrees to reimburse the Municipality in an amount based upon the actual in-
curred costs of the improvements set forth in the above noted scope of development,
the attached schedule of costs and the approved plans. The total reimbursement
shall not exceed the amount set forth in Section 2 above.
SECTION 5. It is agreed that the property described herein, and upon which these
improvements are made, shall not be sold or disposed of without the written approval
of the State, or reimbursement in the amount of participation according to this
Agreement and all previous agreements under which the land was acquired, has been
made to the State.
SECTION 6. The Municipality agrees to arrange for zoning of the airport in accor-
dance with Sections 3 -301 to 3 -333 Reissue Revised Statutes of Nebraska, 1943, and
approved by the State, and to see that such zoning regulations are recorded in the
County records. Such zoning shall be accomplished and placed in full force and
effect as soon as possible. Payments made to the Municipality under this Agreement
may be contingent upon completion of such zoning.
IN WITNESS WHEREOF, the Parties hereto have authorized these presents to be exe-
cuted by their proper officials, as of the dates below indicated.
Executed by the Department of Aeronautics this26 t day of June 19 91
NEBRASKA DEPARTMENT OF AERONAUTICS
=;to;%
(Witness`)
Executed by the CITY OF BLAIR
ATTEST:
ALICE I. DIEDRICRSEN,'CLERK
MUNICIPALITY
this 9Taday of JULY 19 91
(Director)
COST ESTIMATE
Blair Airport (New)
Blair, Nebraska
Project No. 3 -31- 0088 -01
July 1, 1991
Scope: Airport Master Plan and
Site Selection Study
Engineering: 56,500
Legal, Administrative, etc. 3.500
TOTAL 60,000
State Suonsor FAA Total
$ 3,000 (5%)
$ 3,000 $ 54.000 (90 %) $ 60,000
RESOLUTION NO. 1991- 32
COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Omaha Public Power District has requested an
easement over and across Tax Lot 83 in Section 12, Township 18
North, Range 11 East of the 6th P.M., in the City of Blair,
Washington' County, Nebraska, which such easement is for the
purpose of providing electrical service to the youth sports
complex; and,
WHEREAS, a copy of such easement, attached hereto marked
Exhibit "A," and by this reference made a part hereof is accept-
able to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, the easement attached hereto is
hereby accepted and approved by the City of Blair and the Mayor
and the City Clerk are hereby authorized and directed to execute
such easement on behalf of the municipality.
COUNCILMEMBER KUHR MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
SHOTWELL UPON ROLL CALL, COUNCILMEMBERS
KROS, SHOTWELL, KU R,, FAY, ABBOTT, RYAN AND MINES
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23RD DAY OF JULY, 1991.
ATTEST:
,
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
CI OF BLAIR, NEBRASKA
BY
J, %MME JENNY, M
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 23RD day of July, 1991.
ICE I. DIEDRICHSEN, CITY CLERK
BKUG
June 3, 1991
CITY OF BLAIR
of the real estate described as follows, and hereafter referred to as "Grantor',
Tax Lot Eighty -three (T.L. 83) in the Northwest Quarter (NW 1/4) of
Section Twelve (12), Township Eighteen (18) North, Range Eleven (11)
East of the 6th P.M., in Washington County, Nebraska.
in consideration of the sum of One Dollar (S 1.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant
to the OMAHA PUBLIC POWER DISTRICT, a public corporation, its successors and assigns, hereafter referred to as "District ", a permanent
right of way easement with rights of ingress and egress thereto, to construct, operate, maintain, replace and remove its underground electric
facilities, consisting of cables, wires, conduits, manholes, drains, splicing boxes and other appurtenances, upon, over, along and under the
following described real estate, to wit:
A sitrip of land Ten feet (10') in width being Five feet (5') each side of and
abutting the Districts facilities as constructed, to provide for the installation
of customers service.
CONDITIONS:
The Grantor hereby grants to the District, its successors and assigns, the right, privilege and authority to clear all trees, roots, btuah, and other
obstructions from the surface and subsurface of said strip and to temporarily open any fences crossing said strip. Grantor agrees that grade shall
not be reduced more than One foot (1') in elevation without the prior approval of the District. The Grantor understands that a single pole and
appurtenances may be used to provide service to this property.
In granting this easement, it is understood that said cables shall be buried below plow depth in order to not interfere with the ordinary cultivation
of the strip. Damages to fences and growing crops arising from the construction and maintenance of the aforesaid system shall be paid for by
the District.
The Grantor covenants that he/they has/have lawful possession of said real estate, good, right and lawful authority to make such conveyance
and that his/her /their heirs, executors, administrators, successors and assigns shall warrant and defend the same and will indemnify and hold
harmless the District forever against the claims of all persons whomsoever in any way asserting any right, title or interest prior to or contrary
to this conveyanee.
( JENNY
WHEREOF, the rt r(s) have executed this instrument this 23RD day of JULY ,19 91
HAIR
1
RIGHT —OF —WAY EASEMENT
OWNERS SIGNATURES)
Docil
Distrib ti n Engineer red! Date ' 8 [ / / Property Management � R Date 7 -.91- 91 ,
Secdon NW 1 /4 12 Township 18 North, Range 11 East
Salesman Wilkinp Engineer Wilkinp Est. I 910058001 WA./ 8653
COMPLETE APPROPRIATE ACKNOWLEDGEMENT ON REVERSE STDE
Owner(a)
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this day of ,19 , before
me the undersigned, a Notary Public in and for said County,
personally came President of
personally
to me known to be the identical person(s) who signed the foregoing
instrument as grantor(s) and who acknowledged the execution
nt
thereof to be voluntary act and deed for the purpose
therein expressed.
Witness my hand and Notarial Seal the date above written.
NOTARY PUBLIC
zr .r.o; t �►' C� I RICT
0 j:r : , _._.::,, R.
r
161 '��'
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF AkBkii S/Cfl
COUNTY OF 14/4 S!•1 t
On this . day of — . = : f ,191f _ , before
me the undersigned, a Notary Public Wand for said County and
State, personally appeared
personally to me known to be the identical, person(s) and who
acknowledged the execution thereof to be /u. voluntary act
and deed for the purpose therein expressed.
Witness my hand and Notarial Seal the date above written.
, , 1,, c �- / _ ,_(, A..-tit vi
NOTARY PUBLIC
GEi t iVt�T Y4ia Di Il to
n 1. DtEORICHSEN
My Comm. Exp. Nix 1,1993
STATE OF NEBRASKA OOWnY OF WASHINGTON) aged �V
ENTER Ep N ' IC/C�� Flip) FOR A.D. 1 RED L0
tL0.0
AT
R
- a •i Ii M. ' e
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1991- 33
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, 1991, and ending July 31,
1992, was published in The Enterprise, the official newspaper of
the City of Blair, on July 16, 1991; 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 -one (61) pages including the
notice referred to hereinabove and was filed with the City Clerk
on July 9, 1991; and,
WHEREAS, a special public hearing was held before the
Mayor and City Council on July 23, 1991, at 7:15 o'clock P.M. for
the purpose of receiving testimony with reference to exceeding a
zero percent increase in the property tax revenues for the fiscal
year 1991 -1992; and,
WHEREAS, notice of such special public hearing was duly
published in The Enterprise, the official newspaper of the City
of Blair on July 16, 1991; and,
WHEREAS, the Mayor and City Council deem it necessary to
exceed the zero percent increase but not exceeding an increase of
five percent in the property tax revenues for the fiscal year
1991 -1992.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that an increase of more
than zero percent but not exceeding five percent of the property
tax revenues for the fiscal year 1991 -1992 is hereby approved.
BE IT FURTHER 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 begin-
ning August 1, 1991, and ending July 31, 1992.
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, 1991, and ending July 31,
1992, for which appropriation is to be made, shall be as
follows:
FUND
General Fund $ 836,708.93
Delinquent Tax Allowance -0-
Debt Service
Street
Landfill
Blair Apts.
Water
CDBG (Housing)
Insurance
Sewer
Water Bond
Capital Outlay Res.
MIRF
cause the
ALL SOURCES EST. ADVALOREM EST.
$ 156,880.00
$1,256,042.00
$ 110,796.00
$ 149,806.00
$1,181,186.00
$ 210,000.00
$ 296,391.00
$ 378,908.00
$1,021,400.00
$ 218,663.00
$ 31,568.00
$ 661,541.00
$ 20,460.00
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
AND BE IT FURTHER RESOLVED that the City Clerk is di-
rected to enter this Resolution at large upon the minutes, and
same to be published in The Enterprise, a general
newspaper of general circulation in said City, and that copies of
the official budget shall be placed on file in the office of the
City Clerk for examination and use of the public.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr UPON ROLL CALL, COUNCILMEMBERS
Kros, Kuhr, Shotwell, Ryan, Abbott Fav and Mines
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 24TH DAY OF JULY, 1991.
ATTEST:
BLAIR, NEBRAS
ENNY, MAY
,i Ld 1 42
ALICE 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 special meeting of the Mayor and City Council held on
the 24th day of July, 1991. .
ALICE I. DIEDRICHSEN, CITY CLERK
COUNCILME.MBER
RESOLUTION NO. 1991 - 34
RYAN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the David E. Slattery Companies and Blair Central
School Apartments Limited Partnership, or one of them, hereinaf-
ter referred to as "Developer," proposing to redevelop certain
real property as currently owned or proposed to be acquired
consisting of property located in that block in the City of Blair
which is bounded on the north by Colfax Street and on the south
by South Street, on the west by 17th Street, and on the east by
16th Street, hereinafter referred to as the "Property."
WHEREAS; the Mayor and City Council by Resolution No. 1984-
44 have previously declared that portion of the City of Blair in
which the Property is located to be blighted and substandard;
and,
WHEREAS, such determination as previously made by the Mayor
and City Council was based upon a review of those factors re-
quired for making a determination that an area is blighted and
substandard as provided for in Section 18 -2103 R.R.S.N.J. 1943,
as amended, and specifically including but not limited to a
determination that the average age of residential and commercial
units in the area designated was at least forty years, that other
conditions including a substantial number of deteriorated or
deteriorating' structures, existence or defective or inadequate
street layout, faulty lot layout in relation to size, adequacy,
accessibility or usefulness, unsanitary or unsafe conditions,
deterioration of site or other improvements, the existence of
conditions which endanger life or property by fire and other
causes existed within such area; and
WHEREAS, it is necessary and desirable for the Mayor and
City Council acting as the governing body of the City of Blair
and as the governing body of the Housing and Community Develop-
ment Agency of the City of Blair to make certain determination
and to provide for certain preliminary actions in connection with
the redevelopment of said Property; and,
WHEREAS, the Developer has prepared and presented a prelimi-
nary plan entitled "Blair Central School Redevelopment Plan,"
hereinafter referred to as the "Plan," for the redevelopment of
the Property.
NOW, THEREFORE, in consideration of the foregoing recitals,
the Mayor and City Council of the City of Blair, Nebraska, acting
as the governing body of said City and also acting as the govern-
ing body of the Housing and Community Development Agency of the
City of Blair as established pursuant to Ordinance No. 1391 as
amended by Ordinance No. 1402 do hereby resolve that:
SECTION 1. The Property as described above is located
within an area which has previously been determined to be blight-
ed based upon the factors described in the foregoing recitals and
all such prior determinations are hereby confirmed and ratified.
SECTION 2. The Mayor and City Council further find and
determine that based upon all prior determinations and designa-
tions of blighted areas within the City of Blair as of the date
hereof, the area of the City of Blair which has been designated
as blighted and substandard does not exceed an area greater than
35% of the area of the City of Blair.
SECTION 3. The Plan in the preliminary form as presented to
this meeting is hereby approved with such Plan to be considered
for final approval and recommendation by the Mayor and City
Council as the governing body for the City's Housing and Communi-
ty Development Agency at a subsequent meeting to be held after
approval and consideration by the City's Planning Commission and
the Plan is hereby ordered submitted to the Planning Commission
of the City of Blair for consideration at its next regular meet-
ing or at any special meeting deemed appropriate by such Planning
Commission.
SECTION 4. The Mayor and City Council of the City of Blair,
Nebraska,
submitted
held upon
determined
shall hold a public hearing on the Plan as prepared and
by and on behalf of the Developer, such hearing to be
the recommendation of the Plan, as proposed, to be
upon by the Mayor and City Council, acting as the
governing body of the Housing and Community Development Agency of
the City and that said hearing, conditioned upon such recommenda-
tion, shall be held on September 10, 1991, at 7 :30 o'clock P.M.
at City Hall and the City Clerk is hereby instructed to publish
notice of such hearing before the Mayor and City Council as the
governing body of the City of Blair in the manner provided by
law.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
RYAN UPON RROLLL CL, COUNCILMEMBERS
ABBOTT, RYAN, LONG, KROS, SHOTWELL, MINES AND F
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 14TH DAY OF AUGUST, 1991.
BLAIR, NEBR
BY
OM JENNY, M
ATTEST:
ALICE 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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 14TH day of August, 1991.
AL ),L 4 9 1.0,/04,‘,24L2.7.(1
ALICE I. D/EDRICHSEN, CITY CLERK
RESOLUTION NO. 1991- 35
COUNCILMEMBER RYAN 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 utilization of one individual as the City
Building Inspector and the County Building Inspector and for the
City's providing space and certain services for the County Zoning
Administrator, 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
MINES UPON ROLL CALL, COUNCILMEMBERS
KROS, MINES, LONG, SHONELL, RYAN, ABBOTT AND FAY
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 13 TH DAY OF AUGUST, 1991.
ATTEST:
( ? fi'u,`� r Y 1 o��Q 11,t .P.fi/P.Psill)
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
C I T OF .e LAIR, NEB
BY
JE7 E ENNY, MAYS
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 13TH day of August, 1991.
Cui.A.,k.) Lc) L_.66),,64Ld
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT
This Agreement made this 13TH day of August, 1991, by and
between the City of Blair, Nebraska, a governmental subdivision,
hereinafter referred to as "City" and Washington County, Nebras-
ka, 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
County shall pay the percentages of the estimated personal serv-
ices expenses and operating expenses as set forth on the estima-
tion of costs attached hereto, marked Exhibit "A," and by this
reference made a part hereof.
2.
for the
offices.
The parties further agree the City provide office space
County Zoning Administrator in the City administration
The County shall be responsible for all furniture,
fixtures, equipment, or other supplies required for the County
Zoning Administrator and for all long telephone toll charges.
The County shall also pay to the City reimbursement for secre-
tarial expenses and photocopy expenses as set forth on Exhibit
"A." The County shall also be responsible for all salary wages
and other benefits for the County Zoning Administrator.
3. It is agreed by and between the City and the County that
the estimation of costs attached hereto marked Exhibit "A" 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 $1,931.32 per month which said sum shall
be due and payable beginning on the 1st day of July, 1991, and
continuing thereafter on the 1st day of each month during the
term of this Agreement.
4. This Agreement shall be for a term of twelve (12) months
commencing July 1, 1991, and terminating June 30, 1992.
5. It is further agreed by and between the parties that the
City shall have the direct supervision and control of such In-
spector on a day to day operational basis, provided, however,
that the County shall reserve the right to govern the technical
interpretation of its zoning rules and regulations or codes
concerning construction under its Jurisdiction.
6. This Agreement shall be binding upon the successors and
assigns of all parties hereto.
ATTEST:
BLAIR, NERASKA
E ' JENNY, )'( OR
ALICE I. DIEDRICHSEN,
CITY CLERK
WASHINGTON COUNTY, NEBRASKA
- "CHAIRMAN OF T E BOA OF
' 6MMISSIONERS
BY
ATTEST:
CHARLOTTE PETERSEN,
COMITY CLERK
JOINT CITY /COUNTY
BUILDING INSPECTIONOR COST ANALYSIS
AND
COUNTY ZONING ADMINISTRATION
FISCAL YEAR 1991 -19'32
•
PERSONAL SERVICES, COUNTY 507..
BASE SALARY 20800.00
PART TIME BACKUP (168 HRS. G $10.00 HR.) 1680.00
FICA (7.657. OF SALARY 1720.00
WORKMAN'S COMP 375.00
HEALTH INSURANCE 4320.00
CITY SHARE OF RETIREMENT (47. PLUS ADMIN COSTS) 990.00
UNEMPLOYEMENT COMP. (.001 X 7,000.00) 7.00
OPERATING EXpENSE , COUNTY 607
VEHICLE EXPENSE ($300.00 MONTHLY) 3600.00
TELEPHONE CHARGES • 635.00
(7.92 BASE RATE + $45.00 AVG. CHG. FOR
MONTHLY LONG DISTANCE CALLS)
OFFICE SPACE (200 W/FURNITURE; EQUIP. & UTILITIES) 1600.00
INSURANCE (1/12 CITY HALL COST LIABILITY &BLDG. &
CONTENTS) 548.00
SECRETARY SERVICES ($10.00 /HR X 5 HR. WK) 2600.00
COUNTY ZONING EXPENSE COUNTY 100%
SECRETARIAL (5 HR. X $10.00 HR. PER WK.)
PHONE (BILL ACTUAL CALLS )
COPY EXPENSE ($10.00 PER MON)
COUNTY SHARE - PERSONAL SERVICES 50. = 14,946.00
OPERATING EXPENSE 60%. = 5,389.80
COUNTY ZONING EXPENSE 100%= 2720.00
$23055.80 / 12 MON = $1931.32 PER MONTH
Exhibit ( AU
23, 055.80
$29892.00
8983.00
2600.00
120.00
2720.00
COUNCILMEMBER RYAN 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 "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
MINES UPON ROLL CALL, COUNCILMEMBERS
KROS, LONG, SHOTWELL, RYAN, ABBOTT MINES AND FAY
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 13TH DAY OF AUGUST, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
RESOLUTION NO. 1991- 36
C � BLAIR, NEBR
BY
JF ME JENNY, MAYO,
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 13TH day of August, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
JOINT USE. OCCUPANCY AGREEMENT
• .Y-Ph
This Lease entered into this 1. day of August., 1991,
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 An 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 af vehicles only during such time as
prisoners or persons in custody are being loaded or unloaded. It
is specifically agreed that it shall not be used for the parking
of any vehicles other than for the intended purpose.
3. Term. The term of this lease shall be year to year
commencing August 1, 1991, 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,
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. Reserve Fund. The City agrees to pay during the term of
this Agreement, $1,000.00 to County for the Building Maintenance
Reserve Fund.
8. 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
BY
JOHN LUTZ, CHAIRMAR� -�
COUNTY BOARD OF SUPERVISORS
ATTEST:
CH RLOTTE PETERSEN
COU TY CLERK
CITY OF BLAIR, NEBRASKA
BY
ATTEST:
OME JENNY,
Y OF BLAIR
-44
ALICE I. DIEDRICHSEN
CITY CLERK
SEP 10 '91. 18:21 DFIIRD HOLM (402)344 -0588
P.5
COUNCILMAN RYAN INTRODUCED THE FOLLOWING RESOLUTION:
:1991 =37
RESOLUTION
BE IT RESOLVED by the Mayor and Council of the City of Blair,
Nebrasika, acting as the governing body of the Housing and Community
Development Agency of the City of Blair, as follows:
1. The Mayan and Council hereby find and determine: that by
Ordinance No. 1301, as amended by Ordananoe No. 1402, the Hou9ring and
Community Development Agency of the City of Blair, Nebraska, was estab-
lished; that there has been prepared and presented to the Agency a plan
entitle "Blair Central Sahoot Redevelopment Plan" (the "FAQ); that the Plan
has 'been submitted to the Planning Commission of the City of Weir and has
been approved; that all conditions precedent to the reaaenmendibg of the Plan
to the Mager and Council of the City of Blair for hearing and final approval,
have occurred,
2 . The Mayor and Council hereby further find and determine that
the °ad land uses and 'building requirement to the redevelopment
project area as described in the nen are designated with the general t•�.w�... *a
of accomplishing, in conformance with the City's general plan, a coordinated,
adjusted, and harmonious development of th City and its environs whioh
is accordance mdfh the present and future needs, promote ho*lth, ufuty,
morals, order, convenience, prosperity and the general welfare, as well as
offioienoy and economy in the process of development; that under the Plan,
adequate prvvhden is made for traffic, vohicuJ, parking, the promotion of
safety from fire, panic and other dangers, adequate provision for light end
air, the promotion, of the healthful and convenient distribution of population,
the provision of adequate transportation, water, sewerage and other public
utilitieee, school:, parka, )reoreatlonaj and community facilities and other public
SEP 10 '91. 10:22 BAIRD HQLM (482)344 -0580 P.6
requirements, the promotion of sound design and ax`ngement, the wise and
eient expenditure of public) funds and the prevention of the recurrence of
insanitary or unsafe dwelling aerommodations or conditions of blight,
3. In accordance with Section 18-2114, R.R.S. Neb. 1943, the
following statements are made:
s. The proposed method of acquisition and preparation for the
redovelopinent project area shall include purchase and rehabilitation
by a private redeveloper of the Blair Central School Building and
land within the project redevelopment area as described in the Plan,
and construction of building improvements and a hard-surface,
landscaped parking lot within said area.
b. The estimated coots of the acquisition and preparation for
the redevelopment projoot area inciudo 00,000 for the building and
hand as described in the Plan, $72,500 for plannl ng and design,
$415,700 for soft costa, and $130,,000 for financing and tax credit
fool. Tho oonetruotion and demolition coats of the redevelopment
project are estimated et $3,031,800 resulting in a total estimated
redavalopmont project cost of $3,700,000.
0. Since no dispouition of the redevelopment project le eon -
templated in the Plan., there are no estimated proceeds or revenue
disposal to redevelopers anticipated.
d. The financing of the rodevelvmeat project is proposed as
sss, joint public /private funding partnership. The public funds are
proposed to be supped through a grant by the Agency in an
mount not to exceed $326,000 to the private redeveloper to pay
construction costs. Funds to make such grant are to be obtained
from the issuance by the Agency of development revenue bonds
payable from tax increment revenues. For purposes of paying
principal and Interest on development revenues boucle or notes to
be issued to provide such grant to pay for redevelopment costa,
the ad valorem tax levied upon real, property Ili the Project Area
*hail be divided for a period of trot to exceed fifteen years from
and after January 1, 1992, in the manner provided in Sec-
tion 18 -2147 R.R.S. Neb. 1943. The balance of funding for the
redevelopment project is proposed to be provided through private
funding by the private redeveloper, David E. Slattery Companies
and Blair Central School Apartments Limited Partnership (or ono or
both of them) and from Community Development Bjook Grant wonla*
($200,000 to be funded in 1081).
a. No persons are expected to be did from the redevel-
opment project area by virtue of the Plan.
SEP 10 '91 10:23 BAIRD HOLM (402)344 -0586 P.7
4. The Mayor and CnuMK , acting as the governing body of the
Homing and Community Dovalopment Aganoy of the City of Blair, hereby
recommend to the Mayor and Council of the City of Blair that the Plan be
approved.
(Seal)
Passed amid sppr r d this 10th day of September, 1891.
-44) ,e,
elk Clark
STATE OF NEBRASKA
WASHINGTON COUNTY
Councilman Ryan moved that the resolution be adopted as read, which said
motion was seconded by Councilman Kuhr. Upon roll call, Councilmen
Ryan, Long, Shotwell, Kros, Kuhr, Mines and Fay voting "Aye ", and
Councilmen None voting "Nay ", the Mayor declared the foregoing
resolution passed and adopted this 10th day of September, 1991.
) SS •
PEGGY J. FRAHM, hereby certifies that she is the duly appointed,
qualified, and acting Deputy City Clerk of the City of Blair, Nebraska,
and that the above and foregoing Resolution was duly passed and adopted
at a regular meeting of the Mayor and City Council of said City held
on the 10th day of September, 1991.
PEGGY J, DEPUTY CITY CLERK
S'EP le '91 1024 BAIRD HOLM (402)344--6686 P.16
COUNCILMAN LONG INTRODUCED THE FOLLOWING RESOLUTION:
1991 -38
RESOLUTION
BE IT RESOLVED by the Mayor and Council of the City of Blair,
Nebraska, as follows:
x. The Meyer end Caunoll hereby find and determine that: there
has been recommended for their approval, a plan entitled *Blair Central
School Redevelopment Plan" (the "Plate); that the Plan has been reviewed
and approved by the Planning Commission of the City of Blair, Nebraska;
that the Plan relates to an area which has been previously determined by the
Mayor and Council to be a. blighted area; that notice has been given as
required by law of a pub/to hearing on the Plan and at the time and plane get
for aneh hearing all persons desiring to be heard concerning the Plan have
been heard; and that the Plan is teulbio and in cext£Ormity with the general
plan for the development of the City of ;lair as it whole, and in conformity
with the legislative declarations and determinations set forth in the Community
Development Law (Sections 18-2101 to 18 -2144 R.E.S. Neb. 1943).
2. The Mayor and Council of the City of Blair hereby aprove the
Plan.
-'(Sean.)
Passed and approved this loth . . September,
. a2 lira
ty Clerrk
SEP 10 '91 10:25 BAIL HOLM (482)344 -8588 P.11
Councilman Long moved that the resolution be adopted as read, which said motion
was seconded by Cout<oil Mme. Ryan
vote the Mowing Council Membore voted 'AM: Ryan, Bros, Kuhr, Long
Shotwell, Mines and Fay
Members voted "NAY':
The Mayor declared the resolution adopted.
The tozago1ug is a true and correct extrsot from the minutes of the
Mayor and Catuioil of the City of Blair for the meeting shows.
City Clerk
STATE OF NEBRASKA
WASHINGTON COUNTY
) SS
None
PEGGY J. FRAHM, hereby certifies that she is the duly appointed,
qualified, and acting Deputy City Clerk of the City of Blair, Nebraska,
and that the above and foregoing Resolution was duly passed and adopted
at a regular meeting of the Mayor and City Council of said City held
on the 10th day of September, 1991. •
PEGGY J. FRAHM, UTY CITY CLERK
seconded the motion.. Upon roll. call
The following Council
COUNCILMEMBER Kros
ATTEST:
RESOLUTION NO. 1991- 39
PEGGY J. FRAHM, DEPUTY CITY CLERK
(SEAL)
INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair has been presented with an agree-
ment with the Safety and Health Council of Greater Omaha, Inc.
for implementation of the Safety Training Option Plan in Blair,
said agreement being attached hereto marked Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
of the City of Blair, Nebraska, that the agreement attached
hereto, marked Exhibit "A," and by this reference made a part
hereof as though fully set forth herein is hereby approved by the
City of Blair.
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
Ryan UPON ROLL CALL, COUNCILMEMBERS
Ryan, Long, Shotwell, Kros, Kuhr, Mines and Fay
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 10th DAY OF SEPTEMBER, 1991.
CIT +F BLAIR, NEBRA A
If a
ROM JENNY, MA
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
PEGGY J. FRAHM, hereby certifies that she is the duly
appointed, qualified, and acting Deputy City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Resolution was
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 10th day of September,
1991.
JA,L,L
PEGGY J. FRAHM, DEPUTY CITY CLERK
CONTRACT
THIS CONTRACT (Contract) is entered into this Nth
day of September , 1991, by and between the CITY OF BLAIR,
NEBRASKA, a body politic and corporate, duly organized and
existing as a City in the County of Washington in the State of
Nebraska under the Constitution and laws of the State of
Nebraska, hereinafter referred to as "City ", and the SAFETY AND
HEALTH COUNCIL OF GREATER OMAHA, INC., a Nebraska not - for - profit
corporation, hereinafter referred to as "Safety Council ".
W I T N E S S E T H:
WHEREAS, City is interested in establishing a program to
promote driving safety, and
WHEREAS, Safety Council has submitted to the City Council,
hereinafter referred to as "City" and office of the City
Prosecutor hereinafter referred to as "Prosecutor, a proposal
for a safety training option plan, a copy of which is attached
hereto and incorporated herein by reference as if fully set
forth herein.
NOW, THEREFORE, it is agreed as follows:
1. Safety Council shall be the exclusive provider of
defensive driving training as part of a safety training option
plan and in accordance with its proposal.
2. Prosecutor shall have the exclusive right to determine
the standards for enrollment in the safety training option
plan. Safety Council shall permit persons to enroll in the plan
according to standards set by Prosecutor. Prosecutor shall
provide Safety Council with a written notice sixty (60) days in
advance of the effective date of all changes in the standards.
3. City agrees that the police will distribute Safety
Council cards informing eligible drivers of the safety training
option plan.
4. Safety Council will comply with the following
requirements:
(a) A clerk employed by Safety Council will be
provided to work under the supervision of
Prosecutor's office to expedite the processing of
the safety training option plan participants and
keep accurate records.
(b) Procedures will be developed whereby Prosecutor or
his designee may monitor any given class to ensure
that the desired teaching standards are met.
(c) The content of the course will be updated as
necessary to reflect changes in the law,
modifications of accepted driving techniques and
the like.
5. The fee to be charged to an individual for participation
in the safety training option plan will be Thirty and no /100
Dollars ($30.00) of which Twenty -four and no /100 Dollars
($24.00) will be paid to Safety Council for its services. City
shall receive Six and no /100 Dollars ($6.00) per person from the
total fee. Safety Council shall collect the fees and
remittances to City shall, to the extent possible, be made on a
monthly basis.
2
City has authorized this agreement by City Council
Resolution.
IN WITNESS WHEREOF the parties have caused this Contract to
be executed as of the day and year first above written.
ATTEST:
Deputy
' City Clerk Peggy Frahm
Secretary
APPROVED AS TO FORM
Ecitt
City A torney
4
CITY OF BLAIR, NEBRASKA
SAFETY AND HEALTH COUNCIL OF
GREATER OMAHA, INC., A
Not - For - Profit Corporation,
By " 1 /
/ -1/.ma - _. -
Executive Director
6. City, through Prosecutor's office, shall have the right
at all reasonable times and during business hours to inspect,
examine and copy such records, cash register receipts, books and
other data of Safety Council as required to confirm the gross
receipts associated with the safety training option plan.
Records relevant to the foregoing shall be kept by Safety
Council and made available to Prosecutor's office for a
reasonable period of time.
7. Safety Council, in performing its obligations under this
Contract, shall not discriminate or permit discrimination in
violation of Federal or State laws or local ordinances because
of race, color, sex, age, political or religious opinions,
affiliations or national origin.
8. Safety Council covenants that it presently has no
interest and shall not acquire any interest, direct or indirect,
which would conflict with the performance of services required
to be performed under this contract; it further covenants that
in the performance of this contract, no person having any such
interest shall be employed.
9. Safety Council may not assign its rights under this
contract with out the express prior written consent of the City.
10. The term of this Contract shall begin on the Nth day
of September , 1991, and shall continue until terminated. Any
party to this Contract may terminate it by giving the other
parties sixty (60) days written notice of its intention to
terminate.
3
RESOLUTION NO. 1991- 40
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair has requested traffic control
devices be placed at the intersection of State Highway 30 and
Tenth Street in the City of Blair; and,
WHEREAS, the State of Nebraska Department of Roads has
approved such plan and prepared an agreement for the installation
and operation of such traffic control devices at the intersection
of State Highway 30 and Tenth Street in the City of Blair, the
same being designated Project No. ELEC -30- 7(1009), a copy of said
agreement being attached hereto, marked Exhibit "A," and by this
reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, the agreement attached hereto
marked Exhibit "A" is hereby approved and adopted by the City of
Blair and the Mayor and City Clerk are hereby authorized to
execute the agreement on behalf of the municipality.
BE IT FURTHER RESOLVED a copy of this resolution shall be
forwarded to the Nebraska Department of Roads.
COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott UPON ROLL CALL, COUNCILMEMBERS
Kros, Long, Abbott, Shotwell, Mines, Kuhr and Ryan
VOTING "AYE ", AND COUNCILMEMBERS Nnna
VOTING THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND AOIVROJjIS 24th DAY OF SEPTEMBER, 1991.
CITY OF ooe0 ,,% CITY OF BLAIR, NEBR KA
* ! SEAL
bm FIRST CLASS •. •®•
BY
A p,S e;�: ° ° ° ° ° °e•
:oaaa „e
a of -1, (91/
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
JENNY, A SR 7
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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 24th day of September,
1991.
ALICE I. DIEDRICHSEN, CITY CLERK
WITNESSETH:
AGREEMENT
PROJECT ELEC -30- 7(1009), STATE CONTROL NO. 21580
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
TRAFFIC SIGNAL INSTALLATION
INTERSECTION OF HIGHWAY US -30 AND 10TH 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 ";
WHEREAS, Highway US-30 enters and traverses the City partially on the
street named Washington, 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 (Washington Street) and 10th
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(1009), 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 and 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 $15,000.00. 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 S. 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 municipal 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 8. The plans and specifications herein above mentioned shall be
considered as the minimum requirements and shall be used in the determination 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.
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
Project No. ELEC -30- 7(1009) -2-
City of Blair
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. 548 -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 participate 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 while
any equipment furnished by the City and any wires leading to and from said •
installation shall.reimain the property of the City. The City agrees at its own
expense to maintain, operate and keep in good repair, the entire signal
installation with the exception of the equipment within the controller cabinet
which the State agrees to maintain at its cost and at no cost tothe City. The
City further agrees to bear solely the cost of electrical power required to
operate the said signal installation.
Project No. ELEC -30- 7(1009) -3-
City of Blair
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 undetatood that the City shall be
entitled to all damages colleatsd 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 Mayor
EXECUTED by the State this day of , 19
STATE OF NEBRASKA
DEPARTMENT OF ROADS
AGR26 -G.0
Project No. ELEC -30- 7(1009) -p-
City of Blair
Deputy Director - Engineering
. a
NONDISCRIMINATION CLAUSES
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor "), agrees as follows:
(1)
Compliance with Regulations: The Contractor will comply with the
Regulations of the Department of Transportation relative to
nondiscrimination 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 Regulations, 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 provisions 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"
RESOLUTION NO. 1991- 41
COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Nebraska Department of Roads has prepared an
Agreement with the City of Blair for improvements on U.S. Highway
75 between Grant Street and Park Street and on Washington Street
between 18th Street and 20th Street which such improvements has
been designated Project No. F- RRS -75- 3(101) State Control No.
20246; and,
WHEREAS, the City of Blair is in agreement and desires such
improvements be made as set forth under the agreement attached
hereto, marked Exhibit "A," and by this reference made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, the agreement attached hereto
marked Exhibit "A" is hereby approved and accepted by the
municipality and the Mayor and City Clerk are hereby authorized
and directed to execute said agreement and any other agreements
or documents necessary to complete such project.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
KROS UPON ROLL CALL, COUNCILMEMBERS
KROS,_KLHR, SHOTW LL. ABBOTT. FAY. MINE$ AND RYAN
VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS Rru DAY OF OCTOBER, 1991.
ATTEST:
ALICE 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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 8TH day of October, 1991.
U Y n ,P D AO 1J,c7P
ALICE I. DIEDRICHSEN, CITY CLERK
A G R E E M E N T
PROJECT NO. F- RRS -75- 3(101), STATE CONTROL NO. 20246
CITY OF BLAIR
STATE OF NEBRASKA, DEPARTMENT OF ROADS
IMPROVE HIGHWAY US -75 IN BLAIR
THIS AGREEMENT, made and entered into this day of
19, by and between the City of Blair, it 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, it is the desire of the parties that a portion of Highway US -75
in be improved at the location as shown in Exhibit "A" attached, which is hereby
made a part of this agreement, and
WHEREAS, said improvement is located within the designated urban area of
Blair, Nebraska, and funds administered by the State, hereinafter known as "State
Funds," have been made available for the construction of improvements such as
this, and
WHEREAS, it is the further desire of the City that the proposed urban.
construction be included in a project under the designation of F- RRS -75- 3(101),
as evidenced by the Resolution of the City Council dated the day of
, 19 , attached hereto, identified as Exhibit "C ", and hereby made
a part of this agreement, and
WHEREAS, the description of the project is as follows:
Improve Highway US -75 in Blair including grading, paving, structures,
railroad relocation, lighting and traffic signals.
NOW THEREFORE, in consideration of these facts and the mutual promises of
the parties hereto, it is hereby agreed that the construction or reconstruction
of the aforesaid highway between construction limits described in Exhibit "A"
attached hereto, denoting Project No. F- RRS -75- 3(101), shall be accomplished
according to and in the manner provided by plans and specifications to be
prepared by the State, which are to be, by this reference, made a part of this
agreement.
And the parties agree further as follows:
fi k{ "sn
AIL
SECTION 1. The City agrees:
(a) To pass and enforce an ordinance as required to effect the following
restrictions within the project limits: No Parking
(b) To prohibit filling stations, service stations or other business
establishments being located in such a way that vehicles being served
will be required to stand on said public highway right of way.
(c) To require that all future entrances from private property to the
public right of way within the limits of this project receive prior
approval of the Director -State Engineer or his authorized
representative.
(d) To clear, at no cost to the State, 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.
(e) 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 "B" attached
hereto and hereby made a part of this agreement. The reference to
"Contractor" in this exhibit shall mean the "City."
(f) MINORITY BUSINESS ENTERPRISES
(1) Policy
The City and State further agree to ensure that minority business
enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate 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.
Project F RRS -75- 3(101) -2-
City of Blair
(2) Minority Business Enterprises Obligation
The City and State further 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 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 the City, failure of the City 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.
(g) Any changes in the roadway geometrics, either during project
construction or after the project is completed, including but not
limited to access control, driveways, median breaks, parking
restrictions or any other traffic control items shall require prior
approval of the State with Federal Highway Administration concurrence.
(h) To provide, where the proposed construction involves a change in the
grades established by City ordinance, that an amendment to said
ordinance be passed, reestablishing said grades as shown in the plans
without cost to the State.
(i) That the State may use designated streets, as shown on Exhibit "A"
attached, as a detour for the duration of this project. The State
agrees to maintain the streets during their use as a detour and to
Project F- RRS -75- 3(101) -3-
City of Blair
return said streets to the City at the conclusion of their use as a
detour in the condition as they existed prior to their use as a detour.
SECTION 2. 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), 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 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 municipal utility
rehabilitation costs within the corporate limits of the City will
become a project cost. Outside said City limits only the nonbetterment
portion of the rehabilitation costs of facilities currently occupying
private right of way will be reimbursed. The estimated amount of
nonbetterment costs on municipally owned utilities will be shown in the
supplemental agreement provided in Section 2(d) hereof.
Project F- RRS -75- 3(101) -4-
City of Blair
(d) The parties agree to enter into a supplemental agreement prior to the
contract letting date. Said supplemental agreement will stipulate when
the City's share of the project costs shall become due and the amount
of such share, and will further describe utility rehabilitation work
required and the estimated cost thereof. A supplemental agreement will
not be entered into prior to the letting if no City funds are required
and the amount of non - betterment utilities is zero. Should the
supplemental agreement not be needed the State will submit written
notification of that fact prior to the letting.
The current project estimate within the corporate limits is
$3,700,283.00, with the City's share estimated at $375,464.00. Both
parties recognize this is a preliminary estimate only and that prior to
execution of the aforesaid supplemental agreement the final estimate
will be prepared, which may well be higher or lower than this
preliminary estimate.
SECTION 3. All traffic control devices will conform to the latest approved
edition of the Manual on Uniform Traffic Control Devices. If the City is to
perform or contract for any work, they will develop a traffic control plan. The
plan will be provided to the State's Project Manager for approval and
acceptance. It will be the City's responsibility for the operation and
maintenance of the approved traffic control plan.
SECTION 4. The City agrees that it will, without any cost to the State, provide
and pay for the electrical energy for all of the luminaires of the roadway
lighting system which may be constructed as a part of this project, including the
electrical energy which may be required during the construction period of the
project for lamp stabilization, luminaire adjustment, and system testing.
Electrical energy shall be provided for dusk to dawn lighting, and the lighting
level shall be uniform and constant through the hours of darkness. The City
shall not knowingly permit any of the luminaires to remain inoperative for any
unreasonable length of time. The City shall also provide all required
maintenance for the said lighting system at no expense to the State. Such
required maintenance will include but not be limited to the repair or replacement
of all defective and burned out lamps as may be discovered or reported or as may
be revealed by at least monthly routine maintenance patrols, the routine cleaning
of luminaires annually and also for repair or replacement of any part of the
Project F RRS -75- 3(101) -5-
City of Blair
roadway lighting system which might be necessary as a result of material
deterioration or mechanical or electrical failure. In the event any part of the
lighting system is damaged, the City will be responsible for furnishing
replacements for any equipment which is so damaged and will furnish all labor and
other material necessary and will complete the repairs at no cost to the State.
It is further understood that the City shall be entitled to all damages collected
from any wrongdoer who may have put the City to the expense of having to repair
the damaged lighting installation.
SECTION 5. The State hereby grants to the City a permit to use State highway
right of way in the vicinity in which such roadway lighting will be constructed,
for ingress and egress for the purpose of operating and maintaining the said
roadway lighting in accordance with this agreement. The City further agrees to
comply with all traffic safety regulations, including those prescribed in the
latest approved edition of the Manual of Uniform Traffic Control Devices and to
use extreme caution when working in the State right of way and not block or
encroach upon any traffic lane without first providing a flagperson to direct
traffic.
SECTION 6. The City agrees to provide electrical power for the traffic control
signal system at its own expense. The City further agrees at its own expense to
maintain, operate and keep in good repair the entire signal system with the
exception of the equipment within the controller cabinet which the State hereby
agrees to maintain at its cost and at no cost to the City. In the event any part
or parts other than the controller or detector mechanism of the signal system are
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. 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. It is further understood that the City shall
be entitled to those damages collected from any wrong doer for the expense
involved in repairing that portion of the signal installation maintained by the
City. The State shall have jurisdiction in determining and controlling the
cycle length, the interval length, sequence, and the hours and manner of the
signal operation as provided by Neb.Rev.Stat. 539 -610 (Reissue 1988).
Project F- RRS -75- 3(101) -6-
City of Blair
SECTION 7. The City and the State will fully cooperate to cause the removal from
public right of way, or correction or alteration in the public right of way, as
necessary for the construction of the aforesaid project, of all pipe lines, poles
or other underground or overhead services not owned by the City.
SECTION 8. The City agrees to participate toward the cost, as stated in
Section 2, paragraph "d" of this agreement on that portion of the aforesaid
project which was within the corporate limits of the City as they exist on the
date that the Municipal Financial Agreement is executed by the State.
SECTION 9. It is hereby agreed that plans and specifications for the above
mentioned project will be on file in the office of the Department of Roads,
Lincoln, Nebraska.
SECTION 10. The State hereby agrees:
(a) To prepare and convey to the City, prior to construction, plans for the
proposed subject project.
(b) To advertise and conduct a letting and receive bids on the contemplated
improvement. The City agrees that the State will award the contract to
the lowest responsible bidder and that said contract shall be signed
only by the State.
(c) To supervise and cause completion of the construction of the
improvement as shown in the plans,
(d) To acquire all additional right of way and do all things, in pursuance
of the aforesaid project, not specifically assumed by the City.
(e) To reimburse the City for the nonbetterment rehabilitation of
municipally owned utility facilities only as provided by supplemental
agreement entered into in accordance with this agreement.
(f) To construct that portion of the project located outside the City
limits without cost to the City, except as provided in Section 2(c).
(g) To design as a part of this project a lighting system which meets
present -day lighting standards.
(h) To design a traffic control signal system, as required for this
project. The materials and installation shall conform to the plans
prepared by the State. Those plans shall be prepared by the State and
will be available for inspection upon request by the City.
SECTION 11. The parties hereto agree that the State shall make sole
determination as to the scheduling of the construction for this project.
Project F RRS -75- 3(101) -7-
City of Blair
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_
ATTEST: CITY OF BLAIR
Clerk
AGR22 -S.F
EXECUTED by the State this
Project F- RRS -75- 3(101) -B-
City of Blair
Mayor
day of . , 19
STATE OF NEBRASKA
DEPARTMENT OF ROADS
Deputy Director - Engineering
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F- RRS- 75- 3(101)
C. N. 20246 EXHIBIT A
NONDISCRIMINATION CLAUSES
During the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hereinafter referred to as the
"contractor "), agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the
Regulations of the Department of Transportation relative to
nondiscrimination 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 Regulations, 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.
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
(5)
(b) cancellation, termination or suspension of the contract, in whole or in
part.
(6) Incorporation of Provisions: The contractor will include the provisions 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 an 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 "B"
RESOLUTION NO. 1991 - 49
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair entered into an agreement with
the Omaha Public Power District on the date and pursuant to the
terms and conditions of the agreement attached hereto marked
Exhibit "A;" and,
WHEREAS, Blair and the Omaha Public Power District have
agreed that certain changes in the agreement are desirable to
simplify administrative matters in the determination of the hook
up fee due; and,
WHEREAS, Omaha Public Power District by and through its
Board of Directors have approved the terms of an Addendum at-
tached hereto marked Exhibit "B" and by this reference made a
part hereof, and that the terms and conditions of the Addendum
are acceptable to Blair.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, the Addendum attached hereto marked Exhibit
nBn
is hereby adopted and approved by the municipality and the
Mayor and City Clerk are further hereby authorized and directed
to execute same on behalf of the municipality.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Mines UPON ROLL CALL, COUNCILMEMBERS
Mines, Abbott, Long, Kuhr. Shotwell and Fav
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 22nd DAY OF OCTOBER, 1991.
CITY BLAIR, NEBR
BY._ /1,..s
J 8 E JENNY, M
ATTEST:
ALICE.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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held an the 22nd day of October, 1991.
(�I Q D A:.& n.�tA.2,Au
ALICE I. DIEDRICHSEN, CITY CLERK
E •
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.
se 111lie mho,
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 waterline 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.
111111 1 1 'i 11 1111111.11111111111111.11 1111 .1 1111.1 I II11111II1IY1E111111111111n111
START Water Line
(Blair City Limits
Water Line (8 ")
•
END Water Line
• (OPPD Meter @ 10" line)
150.C3 O O C3aI Eltoratcpm
131a1r,Na.
EXHIBIT "A"
8uizatgtlon
T1'ninl, te nter
Fire Una
10u
• -- Mlaeourl River
Ft. Calhoun Power
1TEM: 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
of Blair,
contained
the Omaha
BILL OF ALE
item sold this o day of / 414 '1 , 1990, to the City
Nebraska, for and in accordance with those terms and conditions
in that agreement dated M g ,.1990, by and between
Public Power District and the City of Blair, Nebraska.
Omaha Public Power District
'Vice r ResiDENT
ADDENDUM
This Addendum made this X0.2 day of Se- pte-mbi r., 1991, 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 "District," and the City of Blair,
Washington County, Nebraska, hereinafter called "City," is made
to an Agreement between the parties dated May 8, 1990, a copy of
which is attached hereto and marked Exhibit "A."
WITNESSETH:
For and in consideration of mutual covenants, benefits, and
other good and valuable consideration, the parties agree para-
graph 2 of the Agreement marked Exhibit "A" should be amended to
read as follows:
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 $119,000.00 has been repaid to the Dis-
trict. A connection fee of $391.00 shall be charged per single
family dwelling which is served directly or indirectly by the
Water Line, and multi family dwellings shall be charged $391.00
for each individual dwelling unit. It is agreed that the fee
may be collected by the City for such areas when water service is
provided to the premises.
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 premises to which
service has been provided 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 con-
nected to the water line as the City may deem reasonable and
appropriate.
The parties hereby ratify and reconfirm all other terms and
conditions of the Agreement marked Exhibit "A" not specifically
amended hereby.
This addendum, dated as aforesaid, shall be binding upon the
heirs, personal rep successors, and assigns of all
parties.
G0 S OR4 eu'
Attest:
Attest:
SEAL
CREATED
Assistant Sec�°et yr
at " Ee 00 ,
OMAHA PUBLIC POWER DISTRICT
CI OF BLAIR
Alice I. Diedrichsen, Jejme Jenny, Mayo
City Clerk
RESOLUTION NO. 1991- 43
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Chamber of Commerce has requested authorization
for a one day liquor license for a one day event to be held at
the Blair Fire Hall on November 23, 1991, from 6:00 o'clock P.M.
to 11:59 o'clock P.M.; 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 Cham-
ber of Commerce 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 Coun-
ty, Nebraska, thence West to the Southwest corner of
said Block 47; thence South to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the Chamber of Commerce is
hereby authorized and approval is hereby given for a one day
liquor permit for November 23, 1991, at the Blair Fire Hall, 218
South 16th Street, pursuant to the application filed therefor.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
}
the Nebraska Liquor Control Commission.
COUNCILMEMBER Fay MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long UPON ROLL CALL, COUNCILMEMBERS
Long, Fay, Kuhr, Shotwell, Mines and Abbott ,
VOTING "AYE" AND COUNCILMEMBERS None r
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 22nd DAY OF OCTOBER, 1991.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
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
22nd
day of October, 1991.
CITY OF BLAIR, NEBRASKA
BY E /;..
J ^" . - E "JENNY, OR
(2., ‘J1
ALICE I. DIEDRICHSEN CITY CLERK
A
RESOLUTION NO. 1991- 43
COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Chamber of Commerce has requested authorization
for a one day liquor license for a one day event to be held at
the Blair Fire Hall on November 23, 1991, from 6:00 o'clock P.M.
to 11:59 o'clock P.M.; 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 Cham-
ber of Commerce 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 Coun-
ty, Nebraska, thence West to the Southwest corner of
said Block 47; thence South to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the Chamber of Commerce is
hereby authorized and approval is hereby given for a one day
liquor permit for November 23, 1991, at the Blair Fire Hall, 218
South 16th Street, pursuant to the application filed therefor.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER Fay MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long UPON ROLL CALL, COUNCILMEMBERS
Long, Fay, Kuhr, Shotwell. Mines and Abbott • r
VOTING "AYE" AND COUNCILMEMBERS . None ,
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 22nd DAY OF OCTOBER, 1991.
ATTEST:
()Lie
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY
JERJOME JENNY, M
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
22nd day of October, 1991.
0 44-
ALICE I. DIEDR CITY CLERK
RESOLUTION NO. 1991- 44
COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair has been presented with the FLEX -
CHOICE Plan, a copy of said Plan being attached hereto marked
Exhibit "A."
BE IT FURTHER RESOLVED this Plan establishes medical care
and dependent care reimbursement plans effective January 1, 1992.
An eligible employee may reduce his /her salary for reimbursement
of eligible medical care and dependent care expenses under these
Plans.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
of the City of Blair, Nebraska, that the Plan attached hereto,
marked Exhibit "A," and by this reference made a part hereof as
though fully set forth herein is hereby approved by the City of
Blair.
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 Plan.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Abbott
UPON ROLL CALL, COUNCILMEMBERS
Abbott. Lone, Mines, Kuhr, Fav and Shotwell
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 22nd DAY OF OCTOBER, 1991.
CITY
BY
BLAIR, NEBRA A
JE
E JENNY, MAY
ATTEST:
ALICE - 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
duly passed and adopted at a regular meeting of the Mayor and
City Council of said City held on the 22nd day of October, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR
FLEX - CHOICE Plan
September 1, 1991
TABLE OF CONTENTS
Article I The Plan 1
1.1 Establishment
1.2 Purpose
1.3 Legal Status
Article II Definitions 2
2.1 Benefits
2.2 Benefit Dollars
2.3 Code
2.4 Compensation
2.5 Dependent
2.6 Dependent Care Expense
2.7 Effective Date
2.8 Employee
2.9 Employer
2.10 Flexible Benefit Account
2.11 Highly Compensated Participant
2.12 Key Employee
2.13 Medical Care Expense
2.14 Participant
2.15 Plan
2.16 Plan Administrator
2.17 Plan Year
Article III Eligibility 4
3.1 Present Employees
3.2 Future Employees
Article IV Participation 5
4.1 Election
4.2. Form
4.3 Commencement
4.4 Duration
4.5 Irrevocability
4.6 Failure to Elect
4.7 Termination of Participation
Article V Contributions
5.1 Employer Contribution
5.2 Voluntary Salary Redudtion
5.3 Account Shortfall Upon Termination or Family
Status Change
5.4 Interest Credited
5.5 Plan Financing
5.6 Non - Discrimination
7
Article VI Benefits 8
6.1 Available Benefits
6.2 Use of Benefit Dollars
6.3 Insurance Benefits
6.4 Key Employees
6.5 Expense Reimbursement
6.6 Benefit on Family Status Change or
Ineligibility
6.7 Benefit on Termination
6.8 Benefit on Death
6.9 Designation of Beneficiaries
6.10 Forfeiture
Article VII Administration 11
7.1 Administration
7.2 Powers of Employer
7.3 Actions of the Employer
7.4 Delegation
7.5 Reports and Records
7.6 Indemnification
7.7 Claims Procedure
Article VIII Amendments and Termination 14
8.1 Amendments
8.2 Changes in Third Party Benefits
8.3 Termination of Plan
Article IX Miscellaneous 15
9.1 No Guaranty of Employment
9.2 Limitation on Liability
9.3 Third Party Agreements
9.4 Non- Alienation
9.5 Facility of Payment
9.6 Rights to Employer's Assets
9.7 Severability of Provisions
9.8 Binding Effect
9.9 Headings and Captions
9.10 Gender and Number
9.11 Other Salary- Related Plans
Exhibit A Insurance /Self - Funded Plan Benefits 17
Exhibit B Medical Care Expense Reimbursement Plan 18
Exhibit C Dependent Care Expense Reimbursement Plan 22
CITY OF BLAIR
FLEX - CHOICE PLAN
(Effective as. of September 1, 1991)
ARTICLE I
The Plan
1.1 Establishment. City of Blair (hereinafter called
"Employer "), hereby establishes, effective as of September 1,
1991, a plan of flexible benefits for eligible Employees of the
Employer, which shall be known as the City of Blair FLEX - CHOICE
Plan (the "Plan ").
1.2 Purpose. The purpose of this Plan is to provide its
Participants with an opportunity to elect, from among several
types of benefits, those benefits best suited to each Participant's
needs. Some benefits available under the Plan will be treated as
taxable compensation to the Employees.' Other available benefits
are intended to qualify as statutory nontaxable fringe benefits.
1.3 Legal Status. The Employer intends that this Plan
qualify as a "Cafeteria Plan" within the meaning of Section 125
of the Internal Revenue Code of 1986, as amended, and that the
benefits which an Employee elects to receive under the Plan be
eligible for exclusion from such Employee's gross income to the
extent provided by the Code. The Plan is intended to comply with
the applicable provisions of the Code and the Employee Retirement
Income Security Act of 1974 ( "ERISA ") as amended.
Although this Plan is a "Cafeteria Plan" and has been
reduced to writing in order to comply with said Section 125, the
Plan shall also serve as an amendment to certain welfare plans
presently in effect for the Employer. Thus, to the extent
necessary, this legal instrument will serve as an amendment to
each of said welfare plans in order to permit the benefits of
this Plan to be fully .implemented for Participants.
ARTICLE II
Definitions
Whenever used in the Plan, the following words and phrases
shall mean:
2.1 "Benefits" mean those benefits which the Employer
specifically determines shall be available under this Plan for
the Plan Year as set forth in Exhibits attached hereto and
incorporated by reference. The term includes cash and statutory
nontaxable benefits as defined by Section 125 of the Code and the
regulations promulgated thereunder.
2.2 "Benefit Dollars" means the dollar credits available
for each Employee under this Plan as determined in accordance
with Article V.
2.3 t °Code" means the Internal Revenue Code of 1986, as
amended. Reference to a Code section shall be deemed to be that
section as it now exists and to any successor provision.
"Compensation"
remuneration 2.4 Com ensation means the total rem paid to or p
P
on behalf of a Participant during the Plan Year to which re ference
is made. "Compensation" shall include basic salary or wages,
overtime payments, and all other direct current compensation, but
shall not include Employer contributions to Social Security,
contributions to any retirement plan or program, or the value of
any other fringe benefits provided at the expense of the Employer.
2.5 "Dependent" means an individual who qualifies as a
dependent under the terms of Section 152 of the Code.
2.6 "Dependent Care Expense" shall mean the payment of, or
provision of, those services which, if paid for by the Employee
would be considered employment- related expenses under Internal
Revenue Code Section 129 (relating to expenses for household and
dependent care services necessary for gainful employment).
2.7 "Effective Date" means September 1, 1991 for purposes
of the benefits described in Exhibit A; January 1, 1992 for
purposes of the benefits described in Exhibits B and C.
2.8 "Employee" means any person employed full time by the
Employer whose customary weekly employment is not less than forty
(40) hours.
2.9 "Employer" means the City of Blair.
2.10 "Flexible Benefit Account" shall mean the entire
interest of a Participant in the Plait. Unless otherwise spec-
ified, the value of the Participant's Flexible Benefit Account or
accrued benefit shall be determined as of the date coincident
with or next following the occurrence of the event to which
reference is made.
2.11 "Highly Compensated Participant" shall mean any person
defined in the appropriate Internal Revenue Code Sections as
follows:
Plan;
(a) Section 125(e) for the City of Blair, FLEX - CHOICE
(b) Section 105(h) for Medical Care Expense
Reimbursement Plan; and
(c) Section 414(q) for Dependent Care Expense
Reimbursement Plan.
2.12 "Key Employee" shall mean any person who is a Key
Employee as defined in Section 416 of the Internal Revenue Code.
2.13 "Medical Care Expense" shall mean any expense which
meets the criteria as a deductible health care expense under
Internal Revenue Code Section 213, specifically including dental,
vision and hearing care expenses.
2.14 "Participant" means a person who is an Employee on or
after the Effective Date and who satisfies participation condi-
tions of Article IV. A person who becomes a Participant shall
remain a Participant until all benefits due him or her under the
provisions of this Plan have been paid or otherwise satisfied.
2.15 "Plan" means the City of Blair FLEX - CHOICE Plan as set
forth herein and as amended or restated from time to time.
2.16 "Plan Administrator" shall mean the Employer.
2.17 "Plan Year" means the 12 -month period commencing July 1
and ending June 30. The first Plan Year shall commence September 1,
1991.
ARTICLE III
Eligibility
3.1 Present Employees. All Employees of the Employer who
have met the eligibility requirements of the included plans
listed in Exhibit A as of the date the Plan commences shall
become eligible to participant in the Plan on a voluntary basis.
3.2 Future Employees. All future Employees of the Employer
shall become eligible to participant in the Plan on a voluntary
basis as of the date he or she meets the eligibility requirements
of the included plans listed in Exhibit A.
ARTICLE IV
Participation
4.1 Election. Each Employee automatically is a Participant
in this Plan pursuant to Article III for the purchase of insurance
benefits as described in Exhibit A. However, each Employee
eligible to participate in this Plan may elect not to participate
by completing such benefit election forms as required by the
Employer. An Employee may reelect to participate by completing a
form as prescribed by the Employer.
Each Employee who becomes eligible to participate in this
Plan for Medical Care Expenses and Dependent Care Expense
Reimbursement Plans as described in Exhibits B and C shall
complete such benefit election forms and provide such data as are
reasonably required by the Employer as precondition to
participation.
By becoming a Participant, each Employee shall for
purposes be deemed conclusively to have assented to the
of this Plan and to all amendments thereto.
4.2 Form. The election must be in writing and in
as determined by the Employer.
-5-
all
provisions
such form
4.3 Commencement. The election shall be made at such time
as prescribed by the Employer, but in no event later than (a) the
commencement of the Plan Year in which the election is to become
effective, or (b) the first date upon which a new election is to
become effective pursuant to Sections 3.2 on Future Employees and
4.5 on Irrevocability.
4.4 Duration. An election shall be effective only for the
Plan Year to which it relates. A new election must be made for
each subsequent Plan Year.
4.5 Irrevocability. An election shall be irrevocable as to
benefits available during the Plan Year with respect to which
such election is made; provided, however, a Participant may
revoke a benefit election and make a new election with respect to
the remainder of any Plan Year in which the Participant exper-
iences a change in family status as allowed under Internal
Revenue Code Section 125, including changes resulting from the
marriage or divorce of the Participant, the death of the
Participant's spouse or child, the birth or adoption of a child
of the Participant, the commencement or termination of spouse's
employment, the switching from part -time to full -time employment
status or from full -time to part -time status by the Participant
or the Participant's spouse, the taking of an unpaid leave -of-
absence by the Participant or Participant's spouse, and a signif-
icant change in the health coverage of the Participant or
Participant's spouse attributable to the spouse's employment.
Both the revocation and new election must be on account of and
consistent with the change in family status and must be made
within 30 days of the family status change. For Medical Care
Expense Reimbursements only, family status changes will be
limited to birth or death of spouse or dependent.
4.6 Failure to Elect. An Employee failing to return a
completed election form to the Plan Administrator on or before
the specific due date for any subsequent Plan Year shall be
deemed to have made the same election as was in effect just prior
to the end of the preceding Plan Year for insurance premiums /self-
funded benefits as described in Exhibit A. A Participant shall
be deemed to have agreed to a reduction in compensation for the
subsequent Plan Year equal to the Participant's share of the cost
from time to time during such Plan Year of each optional benefit
Participant is deemed to have elected for such Plan Year.
An Employee failing to return a completed election form to
the Plan Administrator on or before the specified due date for
any subsequent Plan Year shall be deemed to have waived partici-
pation in these Plans only for the new Plan Year for Medical Care
Expenses and Dependent Care Expense Reimbursement Plans as
described in Exhibits B and C.
4.7 Termination of Participation. In the event that an
Employee's employment with the Employer is terminated for any
reason, or a Participant becomes ineligible to participate in the
Plan by changing status to that of a part -time Employee, all
benefits provided hereunder for such Employee shall cease as of
the last day of the month, subject to Section 6.7 on Benefit on
Termination. A terminated Employee who is later rehired by the
Employer within the same Plan Year, shall not be able to partici-
pate until the later of the beginning of the next Plan Year or
upon meeting the eligibility requirements pursuant to Section 3.2
on Future Employees. A part -time Employee who later becomes a
full -time Employee, shall be deemed to be a new Employee for all
purposes under this Plan.
ARTICLE V
Contributions
5.1 Employer Contribution. The Employer shall not make
contributions under this Plan in excess of the salary reduction
contribution under Section 5.2 on Voluntary Salary Reduction.
The maximum amount of Employer contributions under the Plan
for any Participant shall be the sum of a) the maximum amounts
which the Participant may receive under the Medical Care Expense
Reimbursement Plan and the Dependent Care Expense Reimbursement
Plan, as set forth in such Plans (Exhibits B and C) and b) the
costs from time to time of the most expensive benefits available
to the Participant under this Plan as set forth in Exhibit A.
5.2 Voluntary Salary Reduction. Each Participant will be
permitted at Participant's sole discretion to reduce his or her
salary each Plan Year by converting a portion thereof into
Benefit Dollars for deposit into Participant's Flexible Benefit
Account. Such salary reduction will be made by a written author-
ization prior to the start of each Plan Year or upon entry into
the Plan, as the case may be. Maximum salary reduction limits
for each Participant allowable in any Plan Year will be set by
the Employer. Salary reduction contributions shall be deemed to
be Employer contributions and, if unused, cannot be carried
forward to a subsequent Plan Year.
5.3 Account Shortfall Upon Termination or Family Status
Change. If a Participant ceases to be employed by the Employer
or, as a result of a family status change, ceases or reduces his
contribution prior to the end of a Plan Year, the Employer
reserves the right to recover any shortfall in the Participant's
Flexible Benefit Account for Medical Care Expenses. A shortfall
shall consist of the excess of any disbursements from such
account over the sum of the Employer and Participant contribu-
tions to such account for the Plan Year. The shortfall may be
recovered by reduction from the Participant's pay and /or by
direct payment, at the election of the Employer. A Participant
shall agree to such reduction of his pay in order to participate
in the Medical Care Expense Reimbursement Plan. The Employer
shall apply this Section in a uniform and nondiscriminatory
manner.
5.4 Interest Credited. There will be no interest credited
to a Participant's Flexible Benefit Account.
5.5 Plan Financing. Benefit Dollars shall be paid out of
the Employer's general assets pursuant to the Plan and according
to the instruction and direction of the Plan Administrator.
5.6 Non - Discrimination. Contributions and benefits under
this Plan shall not discriminate in favor of Highly Compensated
Participants or Key Employees.
6.1
to elect
benefits
A, B and
ARTICLE VI
Benefits
Available Benefits. Each Participant shall be entitled
to have his or her Benefit Dollars applied to purchase
under any one or more of the Plans described in Exhibits
C attached hereto, as amended from time to time.
6.2 Use of Benefit Dollars. Benefit Dollars can be used to
pay for insurance premiums, cost of self- funded benefits, Medical
Care Expenses and Dependent Care Expenses, as follows:
a. Insurance Premiums /Self - Funded Benefits. To the
extent a Participant so elects, a portion of the
Participant's Benefit Dollars shall be used to pay
the Participant's share of the cost of coverage
under any existing Employer- sponsored health,
medical, dental, hospitalization, disability or
life insurance or other similar insurance or
self - funded plans for Employees. Said insurance
and /or self - funded plan benefits are set forth on
Exhibit A which is attached hereto and made a part
hereof by this reference.
If there is a change in the cost of the particular
type of coverage selected by a Participant, the
Participant's benefit election shall automatically
be adjusted to reflect such change. A Participant,
however, will not be permitted to change coverages
during a Plan Year because of a change in the cost
of coverages. Alternatively, if the cost of the
health plan significantly increases or if coverage
is significantly curtailed or ceases during a
period of coverage, a Participant may either make
a corresponding change in payment or may revoke
the election and, in lieu thereof, receive on a
prospective basis coverage under another health
plan of the Employer with similar coverage.
b. Medical Care Expenses. The Employer has estab-
lished a Medical Care Expense Reimbursement Plan
under which a Participant may elect to use Benefit
Dollars for reimbursement of non - covered health -
related expenses, excluding health care premiums
which are incurred by the Participant personally
or for Participant's dependents. Said Plan is
attached hereto as Exhibit B and made a part
hereof by this reference.
c. Dependent Care Expense. The Employer has estab-
lished a Dependent Care Reimbursement Plan under
which a Participant may elect to use Benefit
Dollars for reimbursement of employment related
Dependent Care Expenses incurred by the Participant.
Said Plan is attached hereto as Exhibit C and made
a part hereof by this reference.
-8-
6.3 Insurance /Self- Funded Benefits. While the election to
receive one or more of the benefits described in Exhibit A may be
made under this Plan, the benefits will be provided not by this
Plan but by the underlying insurance /self- funded plans. The
types and amounts of benefits available under each option, the
requirements for participating in such Plans, and the other terms
and conditions of coverage and benefits under such Plans are as
set forth from time to time in the group insurance contracts,
self- funded plan documents and prepaid health plan contracts that
constitute (or are incorporated by reference in) such Plans.
6.4 Kew Employees. No more than 25% of the total paid
benefits pursuant to this Article VI during any Plan Year may be
paid to Key Employees. If the Employer believes that this 25%
limit may be exceeded, it may, arbitrarily and in its absolute
discretion, limit (a) the amount of the Key Employees' salary
reduction that may be used pursuant to Section 6.2 on Use of
Benefit Dollars and /or (b) the amount of benefits that may be
paid to such Key Employees so that the limit will not be exceeded;
provided, that any such limitation imposed by the Employer shall
apply on a uniform basis pursuant to rules applicable equally to
all Key Employees.
6.5 Expense Reimbursement. A Participant must apply to the
Employer for reimbursement of eligible medical care and dependent
care expenses by submitting a written application in such form as
prescribed by the Employer. The written application must provide
a written statement from an independent third party stating that
the expense has been incurred and the amount. In addition, the
Participant must provide a written statement that the medical
expense has not been reimbursed or is not reimbursable under any
other health plan coverage. The expense must be incurred for
services rendered after the effective date of the election and
during the Plan Year. Reimbursement will be made from
Participant's Flexible Benefit Account based on Benefit Dollars
allocated by Participant for a specific elected benefit. Medical
bills submitted for reimbursement which exceed the total Benefit
Dollars available in the Participant's Flexible Benefit Account
for Medical Care Expense will be paid up to the total Benefit
Dollars allocated by the Participant for that elected benefit for
that Plan Year reduced by reimbursements already paid. Once a
Participant's Flexible Benefit Account for Dependent Care Expenses
is reduced to zero, there will be no other payments made until
the next claim processing date of the Plan Year. In the event a
bill submitted for Dependent Care Expense reimbursement remains
fully or partially unpaid, said claim may be carried forward for
reimbursement out of Benefit Dollars to be contributed to
Participant's Flexible Benefit Account for Dependent Care Expenses
during subsequent months of the Plan Year. Notwithstanding
anything above, if separation from service occurs, medical
expenses may be paid only for any month for which a contribution
is made.
6.6 Benefit on Family Status Change or Ineligibility. If a
Participant ceases to be a Participant due to a change in family
status or becomes ineligible to participate in the Plan, such
Participant shall be entitled to reimbursement for the remainder
of the Plan Year pursuant to Sections 6.2b and 6.2c on Use of
Benefit Dollars for Medical Care Expense and Dependent Care
Expense to the extent of the amount of Benefit Dollars for that
Plan Year remaining in the Participant's Flexible Benefit Account
at the time of such family status change or ineligibility to
participate.
6.7 Benefit on Termination. If a Participant ceases to be
an Employee of the Employer, such Participant shall be entitled
to reimbursement for the remainder of the Plan Year pursuant to
Section 6.2b on Use of Benefit Dollars for Medical Care Expense
only to the extent the expenses are incurred during a month in
which a contribution is made, and Section 6.2c on Dependent Care
Expense to the extent of the amount of Benefit Dollars for that
Plan Year remaining in the Participant's Flexible Benefit Account
at the time of such termination of employment.
6.8 Benefit on Death. In the event of the death of a
Participant, the beneficiaries of such deceased Participant shall
be entitled to continue receiving Participant's elected benefits
pursuant to Sections 6.2b and 6.2c on Use of Benefit Dollars to
the extent the expenses are incurred during a month in which a
contribution was made.
6.9 Designation of Beneficiaries. Each Participant may
designate, upon forms to be furnished by and filed with the
Employer, one or more primary Beneficiaries or alternative
Beneficiaries to continue receiving Participant's elected benefit
in the event of Participant's death, pursuant to Section 6.7 on
Benefit on Death. The Participant may change or revoke any such
designation from time to time without notice to or consent from
any Beneficiary or spouse. No such designation, change or
revocation shall be effective unless executed by the Participant
and received by the Employer during the Participant's lifetime.
If no Beneficiary is specified, the Participant's surviving
spouse shall be the Beneficiary. If no Beneficiary is specified
and the Participant does not have a surviving spouse, the
Participant's children shall equally share as Beneficiaries. If
no Beneficiary is specified and neither of the two preceding
default provisions apply, there shall not be a Beneficiary.
6.10 Forfeiture. Once an election is made regarding specific
types and amounts of benefits under this Plan, Benefit Dollars
may be used only to purchase or provide those benefits. If an
Employee fails or is unable to fully utilize an elected benefit
during the Plan Year, the Benefit Dollars which would be used to
purchase or provide the benefit will be forfeited to the Employer
by the Employee.
7.1
Employer.
the Plan.
7.2
necessary
powers:
ARTICLE VII
Administration
Administration. The Plan shall be administered by the
The Employer shall bear all administrative costs of
Powers of Employer. The Employer shall have all powers
to administer the Plan, including, without limitations,
a. To maintain complete and accurate records of all
Plan transactions, contributions, and distribu-
tions. Incident to this responsibility, the
Employer shall cause the books and records of the
Plan to reflect the Flexible Benefit Account of
each Participant at all times throughout the Plan
Year. The Employer shall maintain the books of
accounts, records, and other data in the manner
necessary for proper administration of the Plan
and to meet any applicable disclosure and reporting
requirements of the Employee Retirement and Income
Security Act of 1974 (ERISA) ;
b. To adopt rules of procedure and regulations
necessary for the proper and efficient adminis-
tration of the Plan, provided such rules and
regulations are not inconsistent with the terms of
the Plan as set out herein. All rules and decisions
of the Employer shall be uniformly and consistently
applied to all Participants in similar circumstances;
c. To enforce the terms of the Plan and the rules and
regulations it adopts;
d. To review claims and render decisions on claims
for benefits under the Plan;
e. To furnish the Participants, upon request, with
information which Participants may require for tax
or other purposes;
f. To employ agents, attorneys, accountants or other
persons (who also may be employed by or represent
the Employer) for such purposes as the Employer
considers necessary or desirable in connection
with its duties hereunder;
g .
To apply for and take all steps as may be necessary
to secure insurance contracts with one or more
insurers as and when required by the Employer, and
to pay or coordinate payment between the insurance
company or companies and the Employer any and all
premiums as and when such premiums become due;
h. To be the policyholder and owner of any contracts
of insurance purchased under the Plan, and shall
have the power to exercise any and all rights and
perform any and all obligations as policyholder
and owner thereunder;
i. To perform any and all other acts necessary or
appropriate for the proper management and admini-
stration of the Plan.
7.3 Actions of the Employer. All determinations, interpre-
tations, rules and decisions of the Employer shall be conclusive
and binding upon all persons having or claiming to have any
interest or right under the Plan.
7.4 Delegation. The Employer shall have the power to
delegate specific duties and responsibilities to officers or
other employees of the Employer or other individuals or entities.
Any delegation by the Employer may allow further delegations by
the individual or entity to whom the delegation is made. Any
delegation may be rescinded by the Employer at any time. Each
person or entity to whom a duty or responsibility has been
delegated shall be responsible for the exercise of such duty or
responsibility and shall not be responsible for any act or
failure to act of any other person or entity.
7.5 Reports and Records. The Employer and those to whom
the Employer has delegated duties under the Plan shall keep
records of all their proceedings and actions and shall maintain
books of account, records, and other data as shall be necessary
for the proper administration of the Plan for compliance with
applicable law.
7.6 Indemnification. The Employer shall indemnify all
officers and Employees of the Employer assigned fiduciary respons-
ibility under federal law to the extent that such officers or
Participants incur loss or damage which may result from such
officers' or Participants' duties, exercise of discretion under
the Plan, or any other act or omission hereunder.
7.7 Claims Procedure. The Employer shall make all determina-
tions as to the right of any person to a benefit under this Plan.
The Employer shall notify a Participant in writing within ninety
(90) days of Participant's written application for benefits of
Participant's eligibility or non - eligibility for benefits under
the Plan. If the Employer determines that a Participant is not
eligible for benefits or full benefits, the notice shall set
forth:
a. the specific reasons for such denial,
b. a specific reference to the provision of the Plan
on which the denial is based,
-12-
c. a description of any additional, information or
material necessary for the claimant to perfect
Participant's claim, and a description of why it
is needed, and
d. an explanation of the Plan's claims review procedure
and other appropriate information as to the steps
to be taken if the Participant wishes to have the
claim reviewed.
If the Employer determines that there are special circumstances
requiring additional time to make a decision, the Employer shall
notify the Participant of the special circumstances and the date
by which a decision is expected to be made, and may extend the
time for up to an additional ninety -day period.
If a Participant is determined by the Employer to be not eligible
for benefits, or if the Participant believes that he /she is
entitled to greater or different benefits, Participant shall have
the opportunity to have the claim reviewed by the Employer by
filing a petition for review with the Employer within sixty (60)
days after receipt by Participant of the notice issued by the
Employer. Said petition shall state the specific reasons the
Participant believes he /she is entitled to benefits or greater or
different benefits. Within sixty (60) days after receipt by the
Employer of said petition, the Employer shall afford the Participant
(and Participant's counsel, if any) an opportunity to present
Participant's position to the Employer orally or in writing, and
said Participant (or Participant's counsel) shall have the right
to review the pertinent documents.
The Employer shall notify the Participant of its decision in
writing within said sixty -day period, stating specifically the
basis of said decision written in a manner calculated to be
understood by the Participant and the specific provisions of the
Plan on which the decision is based. If, because of the need for
a hearing, the sixty -day period is not sufficient, the decision
may be deferred for up to another sixty -day period at the election
of the Employer, but notice of this deferral shall be given to
the Participant. In the event of the death of a Participant, the
same procedure shall be applicable to Participant's beneficiaries.
ARTICLE VIII
Amendments and Termination
8.1 Amendments. The Employer may amend the Plan, in full
or in part, at any time and from time to time. Any such amendment
shall be filed with the Plan documents.
a. No amendment shall deprive any Participant or
beneficiary of a deceased Participant of any of
the benefits to which he or she is entitled under
this Plan with respect to contributions previously
made;
b. No amendment shall provide for the use of funds or
assets held to provide benefits under this Plan
other than for the benefit of Participants and
their beneficiaries, except as may be specifically
authorized by statute or regulation.
Each amendment shall be approved by resolution of the City
Administrator.
8.2 Changes in Third Party Benefits. In the case of any
benefit provided pursuant to an insurance policy or other contract
with a third party, the Employer may amend the Plan by changing
insurers, policies, or contracts without changing the language of
this Plan document, provided that copies of the contracts or
policies are filed with the Plan documents and the Participants
are informed as to the effects of any such changes.
8.3 Termination of Plan. The Employer expects this Plan to
be permanent but necessarily must, and hereby does, reserve the
right to terminate the Plan at any time. In the event of a Plan
termination, Employer contributions and salary reductions will
cease. Thereafter, neither the Employer nor any of its Employees
shall have any further financial obligations hereunder except
such that have accrued up to the date of termination and have not
been satisfied.
9.4
this Plan
transfer,
kind.
ARTICLE IX
Miscellaneous
9.1 No Guaranty of Employment. The adoption and mainten-
ance of the Plan shall not be deemed to be a contract of employ-
ment between the Employer and any Employee. Nothing contained
herein shall give any Employee the right to be retained in the
employ of the Employer or to interfere with the right of the
Employer to discharge any Employee at any time, nor shall it give
the Employer the right to require any Employee to remain in its
employ or to interfere with the Employee's right to terminate his
or her employment at any time.
9.2 Limitation on Liability. The Employer does not guarantee
benefits payable under any insurance policy or other similar
contract described or referred to herein, and any benefits
thereunder shall be the exclusive responsibility of the insurer
or other entity that is required to provide such benefits under
such policy or contract.
9.3 Third Party Agreements. In the case of any benefit
provided through a third party, such as an insurance company or
employee trust, pursuant to a contract or policy with such third
party, if there is any conflict or inconsistency between the
description of benefits contained in this Plan and those contained
in such contract or policy, the terms of such contract or policy
shall control.
Non - Alienation. No benefit payable at any time under
shall be subject in any manner to alienation, sale,
assignment, pledge, attachment or encumbrance of any
9.5 Facility of Payment. Whenever, in the Employer's
opinion, a person entitled to receive any payment of a benefit or
installment thereof under this Plan, is under a legal disability
or is incapacitated in any way so as to be unable to manage that
person's financial affairs, the Employer may make payments to
such person or to the person's legal representative or to a
relative or friend of such person for such person's benefit, or
the Employer may apply the benefit for the benefit of such person
in such manner as the Employer considers advisable. Any payment
of a benefit or installment thereof in accordance with the
provisions of this Section shall be a complete discharge of any
liability for the making of such payment under the provisions of
the Plan.
9.6 Rights to Employer's Assets. No Employee or beneficiary
shall have any right to, or interest in, any assets of the
Employer upon termination of employment or otherwise, except as
provided from time to time under this Plan, and then only to the
extent of the benefits payable under the Plan to such Employee or
beneficiary. All payments of benefits as provided for in this
Plan shall be made solely out of the assets of the Employer and
the Employer shall not be liable therefor in any manner.
-15-
9.7 Severability of Provisions. If any provision of this
Plan shall be held invalid or unenforceable, such invalidity or
unenforceability shall not affect any other provision hereof, and
this Plan shall be construed and enforced as if such provisions
had not been included.
9.8 Binding Effect. This Plan shall be binding upon the
heirs, executors, administrators, successors, and assigns of the
parties, including each Participant and beneficiary, present and
future.
9.9 Headings and Captions. The headings and captions
herein are provided for reference and convenience only, shall not
be considered part of the Plan, and shall not be employed in the
construction of the Plan.
9.10 Gender and Number. Except where otherwise clearly
indicated by context, the masculine and the neuter shall include
the feminine and the neuter, the singular shall include the
plural, and vice - versa.
9.11 Other Salary- Related Plans. It is intended that any
other salary related employee benefit plans that are maintained
or sponsored by the Employer shall not be affected by this Plan.
Any contributions or benefits under such other plans with respect
to a Participant shall, to the extent permitted by law, be based
on Participant's total compensation from the Employer, including
any amounts by which Participant's salary may be reduced pursuant
to the provisions of Article V.
IN WITNESS WHEREOF, the duly authorized officers hereunto set
their hands and seal of the Employer this day of
ISIS!
(SEAL)
CITY OF B
By:
(ATTEST):
By: (.0 tL4p
-16-
EXHIBIT A
CITY OF BLAIR
INSURANCE /SELF- FUNDED PLAN BENEFITS
Commencing September 1, 1991, the following insurance /self- funded
benefits will be available for purchase by the Participants of
the City of Blair FLEX - CHOICE Plan:
The portion of the insurance premium and /or cost of self -
funded benefits that the Participant is required to contribute
for coverage under the following plans:
(a) Medical coverage.
To the extent applicable, these benefits are subject to the terms
and conditions of the underlying contracts and /or self - funded
plan documents providing the benefits. To the extent necessary
to comply with Internal Revenue Code Section 125 and the applicable
regulations, said insurance contracts and /or self - funded plan
documents are hereby incorporated herein by this reference.
Employer shall account for each Participant's interest in the
Plan. Each Participant's interest shall be increased by
Participant's voluntary salary reduction contributions for cost
of coverages under this Exhibit A. Such interest shall be
reduced by amounts paid to insurance carriers for insurance
premiums or to Employer for self - funded benefit costs on behalf
of Participant under the FLEX- CHOICE Plan. No other use of
contributions to this Plan shall be permitted.
Plan Year:
Participation:
Medical Care
Expense Account:
EXHIBIT B
CITY OF BLAIR
MEDICAL CARE EXPENSE REIMBURSEMENT PLAN
The Plan and Plan Sponsor:
On January 1, 1992, the City of
Blair established a Plan known as
the City of Blair Medical Care
Expense Reimbursement Plan (the
"Plan "). This Plan is known as a
" medical care assistance" plan and
qualifies under Section 213 of the
Internal Revenue Code.
A twelve -month period commencing
July 1 and ending the following
June 30. The first plan year shall
commence January 1, 1992.
Any Employee eligible to
participate in the City of Blair
FLEX - CHOICE Plan is eligible to
participate hereunder.
Enrollment and benefit elections
under this Plan must be made in
writing and a new election must be
made prior to the start of Plan
Year.
Any benefit election under this
Plan is irrevocable and cannot be
changed except in the case of
change in family status.
Employer shall establish for each
Participant a Medical Care
Reimbursement Account ( "Account ")
for each Plan Year with an initial
balance equal to the total Benefit
Dollars allocated by the Participant
for that elected benefit for that
Plan Year. An annual statement of
Account will be provided to each
Participant.
The Account shall be reduced by the
amount of any benefits paid to or
on behalf of a Participant under
this Plan.
Contributions:
Forfeiture:
Benefits:
A Participant's Account shall be
increased by voluntary salary
reduction contributions to be made
by Participant in an amount not
less than $130 and not greater than
$1,000 per plan year. Participant
must specifically elect to apply
these funds toward medical care
expenses. If a Participant ceases
to be employed by the Employer, the
Employer reserves the right to
recover any remaining Plan Year
contributions from the Participant's
pay and /or by direct payment.
Any balance remaining in
Participant's Account at the end of
a Plan Year will be forfeited to
Employer.
A Participant may receive
reimbursement from Employer for any
expense which meets the criteria as
a medical care expense under the
Internal Revenue Code, Sections 213
and 105(b), to the extent allocated
by the Participant for the Account.
However, no reimbursement shall be
paid under this Plan to the extent
that:
(a) an expense has been submitted
for reimbursement as a dependent
care expense under the Dependent
Care Expense Reimbursement
Plan; or,
(b) such reimbursement or payment
is covered under any insurance
policy or policies, whether
paid for by the Employer or
the Participant, or under any
other health and accident plan
by whomever maintained. In
the event that there is such a
policy or plan in effect
providing for such reimburse-
ment or payment, in whole or
in part, then to the extent of
the coverage under such policy
or plan, the Employer shall be
relieved of any liability
hereunder; or,
Claims:
Administration:
Amend /Terminate
Continuation Coverage:
(c) An expense is for individual
health insurance premiums or
spouse's group health
insurance premiums.
-20-
The expenses must be incurred
for services rendered after
the effective date of the
election and during the Plan
Year.
If a Participant ceases to be an
Employee of Employer or dies prior
to the end of a Plan Year, Participant
or Participant's beneficiary shall
be entitled to continue receiving
benefits hereunder for the balance
of the Plan Year to the extent the
expenses are incurred during a
month in which a contribution is
made.
Employer will make all determina-
tions as to the right of any person
to a benefit under this Plan. Any
denial of a claim for benefits
shall be by written notice delivered
or mailed to the Participant,
setting forth the reasons for the
denial. Employer will afford a
reasonable opportunity for a review
of the decisions denying the claim
to any Participant whose claim for
benefits has been denied.
The Plan shall be administered by
Employer, who shall have all the
powers necessary to administer the
Plan.
Employer may amend the Plan in full
or in part at any time. Employer
also reserves the right to terminate
the Plan at any time.
Participant will be entitled to
applicable continuation coverage
pursuant to the continuation of
coverage requirements of Title I of
ERISA and Internal Revenue Code
Section 4980B.
Ic AM s NA7 I11
Miscellaneous:
For purposes of the Internal
Revenue Code, this document shall
constitute a separate written Plan
providing for the reimbursement of
medical care expenses. To the
extent necessary, other provisions
of the City of Blair FLEX - CHOICE
Plan are incorporated herein by
this reference.
Plan Year:
Participation:
Dependent Care
Expense Account:
EXHIBIT C
CITY OF BLAIR
DEPENDENT CARE EXPENSE REIMBURSEMENT PLAN
The Plan and Plan Sponsor:
On January 1, 1992, the City of
Blair established a Plan known as
the City of Blair Dependent Care
Expense Reimbursement Plan (the
"Plan "). This Plan is known as a
"dependent care assistance" plan
and qualifies under Section 129 of
the Internal Revenue Code.
A twelve -month period commencing
July 1 and ending the following
June 30. The first plan year shall
commence January 1, 1992.
Any Employee eligible to
participate in the City of Blair
FLEX- CHOICE Plan is eligible to
participate hereunder.
Enrollment and benefit elections
under this Plan must be made in
writing and a new election must be
made prior to the start of Plan
Year.
Any benefit election under this
Plan is irrevocable and cannot be
changed except in the case of
change in family status.
Employer shall establish for each
Participant a Dependent Care
Reimbursement Account ( "Account ")
for each Plan Year with an initial
balance of zero. An annual state-
ment of Account will be provided to
each Participant.
The Account shall be reduced by the
amount of any benefits paid to or
on behalf of a Participant under
this Plan.
Contributions:
Forfeiture:
benefits:
A Participant's Account shall be
increased by voluntary salary
reduction contributions to be made
by Participant in an amount not
less than $130 and not to exceed
the lesser of the Parrticipant's
earned income (exclusive of salary
reductions for any benefits); the
spouse's earned income; $5,000 per
Plan Year or $2,500 per Plan Year
for a Participant who is married
and files a separate tax return.
Participant must specifically elect
to apply these funds toward depen-
dent care expenses.
Any balance remaining in
Participant's Account at the end of
a Plan Year will be forfeited to
Employer.
A Participant may receive
reimbursement from Employer for any
expense which meets the criteria as
an employment related dependent
care expense under the Internal
Revenue Code, Section 129, to the
extent that there are allocated
funds in the Account for such use
by the Participant. However, no
reimbursement shall be paid under
this Plan to the extent that an
expense has been submitted for
reimbursement as a medical care
expense under the Medical Care
Expense Reimbursement Plan.
The expenses must be incurred for
services rendered after the effec-
tive date of the election and
during the Plan Year.
If a Participant ceases to be an
Employee of Employer or dies prior
to the end of a Plan Year, Participant
or Participant's beneficiary shall
be entitled to continue receiving
benefits hereunder for the balance
of the Plan Year to the extent of
the amount remaining in Participant's
account on the date of termination
or death.
Limitations:
Claims:
No more than 25% of the total paid
Benefit pursuant to this Plan may
be provided to the group of indivi-
duals who own 5% or more of the
stock of the Employer. In addition,
the average benefits provided under
this Plan to non- highly compensated
Employees must be at least 55% of
the average benefits provided to
highly compensated Employees. For
purposes of the test for the
preceding sentence, any Employee
whose compensation is less than
$25,000 may be disregarded.
Employer will make all determina-
tions as to the right of any person
to a benefit under this Plan. Any
denial of a claim for benefits
shall be by written notice delivered
or mailed to the Participant,
setting forth the reasons for the
denial. Employer will afford a
reasonable opportunity for a review
of the decisions denying the claim
to any Participant whose claim for
benefits has been denied.
Administration: The Plan shall be administered by
Employer, who shall have all the
powers necessary to administer the
Plan.
Amend /Terminate Employer may amend the Plan in full
or in part at any time. Employer
also reserves the right to terminate
the Plan at any time.
Miscellaneous: For purposes of the Internal
Revenue Code, this document shall
constitute a separate written Plan
providing for the reimbursement of
dependent care expenses. To the
extent necessary, other provisions
of the City of Blair FLEX - CHOICE
Plan are incorporated herein by
this reference.
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1991- 45
WHEREAS, Section 5 -404 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
prohibit or regulate parking on designated streets or parts of
streets.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any
vehicle be prohibited on the East side of Third Street from
Jackson Street North to Riverview 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 Kros MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long UPON ROLL CALL, COUNCILMEMBERS
Kros, Long, Kuhr, Ryan, Shotwell, Mines, Fay and Abbott ,
VOTING "AYE ", AND COUNCILMEMBERS None ,
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 10th DAY OF DECEMBER, 1991.
ATTEST:
(SEAL
ALICE I. DIEDRICHSEN, CITY CLERK
CIT —O BLAIR, NEBRASKA
BY
J E FENNY, M Y
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 and adopted at a regular meeting of the Mayor and City
Council of said City held on the 10th day of December, 1991.
ALICE I. DIEDRICHSEN, CITY CLERK
1 '7