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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 a, 0 — 0 0 6 zr, • 4 • —t... .1",it!•'''' :-., 1 :::,-.N r.';'-.71:4_:,Z.,. T '•, ' — CA 11'P--":',:,:,,,,.,, ( 4 ' ! • " .1— (51 f--) .7.1 .72.C. 140.0' 4 .Z) I- k /400' 14:47 7 ,„1.9.0.0. 17_ _ 0 0 N IWO` fP \.■ 41 1.6 ••• : F! (CY) • • 2 140.0' 20' THIRTEENTH — Ow. /00.0 ELEVENTH 100.0' 9 0 ...IV Om. BOOK 2-4 PAGE Of Tarim STREET 100.0' 20 4.4 ck 0 1 , — • a .—et■ • • 1 a • a mow ■, mom a • a 100.0 a STREET a .■1 •••••■ ...■4111r. mom= ma. ido.aCX. STREET Joao' to' 1004 0 s'i 0 NI Ch — —..— —e-- — — 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- *• — f . 0 la _ ___ . ..-'" ....1 le \ N I _ . M 1.,11 -• _r 1 • 11 4 0. � 11 11 � . , r 1 —. � I , : IA c 1 - ' 1 ti kn ' , ,e;- cn . 1 1 • la' aaa.d , FIFTEENTH 10' b 1000' FOURTEENTH • �:... 1 r.. 100.0 i t _ e= 1-• .r. - u.. 1 - 1. 10 V 4. ,.. 40 If • e4 se i ioo: " lira . 1 %0; �._ a T e' h 1 0' "' y 1� aj O Q � q .s . J1 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 - WI" 1- J Q 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 a , Nebraska i St "° `� ebraska St ''! cv .411111111 i. 64 60 Hi 11 4114Ne N ■ ,�• a _ ? a Front St al co, d _ Washing ;nn Lincoln • C Jack 1 son z .0' sI QC St Grant St Colfax St Lin St S °) Lin South St Davis St BLAIR WASHINGTON COUNTY Park NEBRASKA LEGEND 11 CITY CONSTRUCTION = 5% III CITY CONSTRUCTION = 19% DETOUR ® Sta. 3981 +03 Begin R.R. ® Sta. 4034 +60 End R.R. 0 Sta. 615+37 ® Sta. 629+00 ® Sta. 2004+40 ® Sta. 3004+41 ® Sta. 634+22 ® Sta. 2000 +00 Washington St. West = Sta. 3000 +00 Washington St. East = Sta. 630 +27 19th St. 'Jackson Rd 6454 Hollostone St State 1 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