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1993RESOLUTIONS - 1993 1. No parking'on parts of Park and Nebraska Streets 3927 2. Setting Board of Equalization for Arbor Heights 3927 3. Setting Board of Equalization for Industrial Site 3927 4. Assessments for Arbor Park 3929 5. Assessments for Industrial Park 3930 6. Class D Liquor License. for Sharon Trisdale 3934 7. 1993 One and Six Year Plan 3938 8. Highway 75 detour 3939 9. Change in Sewer Use Fees 3942 10. - :Highway 75 Underpass Construction Detour 3946 11. Highway 75 Construction Detour Route 3950 12. Amend Section 5 -404 of Municipal Code regulating 3953 parking on designated streets or parts of streets 13. System Service Agreement 3953 14. Amend Section 5 -217 of Municipal Code for place- 3953 ment of stop signs - 10th & Jackson 15. Stop signs at 26th Ave & Larsen Dr. 3957 16. Stop signs at llth & Grant St. 3957 17. Developers Agreement - Arbor 1st Addition 3960 18. Pony Park Regulations 3965 19. No parking on 20th St. between RR R -O -W to 3965 Nebraska Street 20. Boundaries of Business Area (B.I.B.) 3969 21. Term for 5 members of B.T.B. 3969 22. Transfer of funds to Airport Authority. 3975 23. Establish fees for applications, permits, licenses 3978 24. All City vehicles to use Gasohol 3981 25. Preapplication for an Economic Development Admin- 3982 istration Grant for improvements to the Municipal Water Treatment Plant 26. Proposed budget statement for FY 8/1/93 to 7/31/94 3984 27. Assessments for Pinewood 3989 28. Block Grant for upgrading and expanding water 3990 treatment plant 29. Agreement with Douglas County for landfill 3990 30. Agreement with Gateway Development Corp. for 3990 administration of Economic Dev. Plan & funds 31. No parking on Adams St. (10th to 16th) 3990 32. Class Liquor License - Dinkly's Tavern 3993 33. Temporary Lic. Agr. - Solid Waste 3993 34. Intent to issue bonds for Economic Dev. Plan 3994 35. Confirm prior expression on intent to issue bonds 3997 for City's Economic Development Program 36. Issuance of Economic Dev. Fund Sales Tax Revenue 3997 Bonds 37. Water Ext. District No. 26 4004 38. Water Ext. District No. 27 4005 39. Endorsement of renovation & addition to courthouse 3999 40. Solid Waste Transporter License Agreement 3999 41. Landfill closure 4001 42. Federal and State mandates 4001 43. Police Hiring Supplement Program - 3 year period 4001 44. Liquor License - Cubbys 4002 45. Liquor License - Wulf's E -Z Shop 4002 46. Liquor License - Taylor Quik -Pik 4003 47. Liquor License - Blair Mini Mart 4003 48. Uniformity of parking regs - no parking on S & E 4006 49. Easement - LeRoy Larsen - 17th & Park parking 4007 50. Stop Sign at 9th & Grant 4007 51. Purchase of soil for landfill closure 4007 52. Easement with Allied Health'Conodminiums 4007 53. President's Disaster Relief Fund application 4008 54. Supplemental Agreement with State on Project 4010 STP-RRS -75- 3(101) 55. Amendment to Gateway Development Agreement 4010 56. Contract with MAPA 4015 57. Code of Conduct for CDBG grant 4015 58. Procurement Policy for CDBG grant 4016 59. Executive Order 11063 for CDBG ,grant 4017 60. Certification of Adm. Policy Statement on excessive 4018 force 61. Adoption of Adm. Policy Statement on excessive force 4018 62.' Establishment of Safety Committee 4020 63. Assessments for Scheffler's Addition 4023 64. Class D Liquor License Loyals 4024 COUNCILMEMBER ATTEST' RESOLUTION NO. 1993- 1 ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohib- it or regrate parking on designated streets, parts of streets, and public ways. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any vehicle be prohibited on the South side of Nebraska Street and the North side of Park Street between Tenth Street and Twelfth Street in the City of Blair from 8:00 o'clock A.M. to 4:00 o'clock P.M. on any day the Blair Junior Senior High School is in session, and the Street Department of the City of Blair is hereby authorized and directed to place No Parking signs reflecting the no parking areas as established hereby at necessary intervals along said no parking areas 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. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) COUNCILMEMBER LONG MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILMEMBERS LONG. SHOTWELL. RYAN. RROS, ABBOTT. FAY. NINES AND REALPH VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF JANUARY, 1993. CITY BLAIR, NEBRASKA BY JF ME 'JENNY, M4'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 12TH day of January, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 2 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, as follows: SECTION 1. That the proposed schedules for special assess- ments against properties in Paving District No. 147, Water Exten- sion District No. 23, and Sanitary Sewer Extension No. 46 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at City Council Chambers, 218 South 16th Street, Blair, Nebraska, on the 26th day of January, 1993, at 8;00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Paving District No. 147, Water Extension District No. 23, and Sanitary Sewer Extension District No. 46; that notice of the time of hold- ing such meeting and the purpose for which it is held shall be published in the Enterprise, a legal newspaper published and of general circulation in the City at least ten (10) days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. 'COUNCILMEMBER ADOPTED AB "RF,,ADr_ VOTING A , AND COUNCILMEM:BERS VOTING NAY THE MAYOR DECLARED THE FOU 'AND ADOFT€D THIS ,.' 1• DAY OF JANUARY, 1993. ATTEST: STATE OF NEBRASKA ) WASHINGTON' COUNTY ) ALICE I. DIEDRICNSBN, hereby certifies that duly appo:inted, qualified, and: acting City Clerk Blair, Nebraska, and that the duly passed and adopted: at a regular 'Asee.t tyOutcil of .said .City held on the , j: 2TH day,* DR-ICHS$N " .CITY CLERK s above and foregoing :-Raac L ti MOVED ?HAT •; < T.H MO'TIOR *A9 !EGOI DED UPON :BALL 1111 ; 11 CITY BY ALICE I. DIED COUNCILMEMBER RESOLUTION NO 1993- 3' RYAN INTRODUCED THE.FOLLOWING RESOLUTION BE IT RESOLVED by. the Mayor and City Council of the City o Blair, Nebraska as follows SECTION 1. That the proposed schedules for special assess- ments against properties. in Paving. District No 148 and Water Extension District No. ;24 be and are hereby tentatively approved and placed on file` with the City Clerk for inspection by all interested partias, that the Mayor and City Council shall hold a special meeting at City Council Chambers, 218 South 16th Street, Blair, Nebraska, on the 26th` day of January, 1993, at 0 '. o'- clock P.M, for the purpose of sitting as a Board of Equalization to levy s eciai assessments on the lots and parcels of land benefited by the improvements in Paving District o 148 and Water Ext nsion District No 24; that notice of the time of holding _stch meeting and the purpose for which it is held shall be.publis ed in the Enterprise, a legal newspaper published .. and of genera circulation in the City at least ten (10) days (two publicati ns) before the date of said hearing; that the City Clerk is irectedto publish such notice ..in. the .:form ; presented to this meet ng, which form of notice shall be annexed to the minutes stowing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided N by law. COUNCILME BER. LONG 'MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBO!F2 UPON ROLL CALL, COUNCILMEMBERS KB.OS LONG,,, _SHOTWEI.L,, RYAN, ABBOTT , FAY, MINES AND REAM VOTING "AYE ",' AND COUNCILMEMBERS NONE VOTING "NAY ", THE - .MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS - 12TH OAY OF JANUARY, . 1993. ALICE "> Ir., DI'CR CITY CLERK (SEAL) STS'$..o )acs WASHINGTON COUNTY . ) I. DIEDRICHSEN, hereby certifi qualified, and acting City Clerk 6 aka ,and that the above n"cil of said City held on ,.the i2ffi "; daYr d 111111111 11111 11111 R &SOLUTION NO. 1993 COUNCILMEMBER RYAN INTRODUCED THE FOL BE IT RESOLVED BY THE MAYOR AND CITY COUN I#i, NEBRASKA, as follows: SECTION"' 1. The Mayor and City Council here determine: That improvements made in Paving Di Water ! District No. 23, and Sanitary Sewer District : No. 46 have been completed and 'none of described in the proposed assessment schedules - watt 'damage id by; that sChedule of proposed assessments for said as. changed as heretofore provided, are correct special benefits arising by reason of said improvemef lots and parcels of ground in said, Paving District N ,Extension District No. 23, and Sanitary Sewer Distric have been specifically benefited by said! improvements amount's as shown on said schedules. as Changed do special .benefits to, said lots and parcels of grounrd by reason - o the improvement$ in said Paving District No. 14,, Water District No. 23, and Sanitary Sewer District NO-- SECTION 2. There shall be and there ere hereby" against each of the lots and parcels of ground set out i attacked schedules ° the amounts set out opposites "aa .d 1 parcels of ground in said schedules, which schedules corrected to reflect any changes heretofor Equal:;zation. Said assessments shall become du after 'the date of passage of this Resolution le *vying, apeci assessments, and may be paid within said time tbout but any installment not - paid by as d d a :t the rate of 6 1/2 X per annum from and after the' 4e. of this Resolution, and from and ater date rf de,tifquenc rate provided . by law. Said instruments for Way siol District No 23, and Sanitary ?Sewer , Extension Di;* 46 , Shill become follows; 1, /10th 1 /10th 1 /10th °1 /10th I /10th 1 /-,10th 1,40th tI/10th 1 /'10th I, /10th SECTION 3. 'All .said assessments shall be property on which levied from the d hereof and fled by the City Clerk to the Treasurer of the City fo tion. $ECTIQN.4. The schedules_ of proposed asse *smen c h+s.*gels therein as heretofore directed by .this: attached to and made a part of the minutes of r. this eieeein are hereby ma a part of this Resolution as' if turly .. here . COUNCILMEMBER UAW MOVED THAT `; THE ',IEHOLUT O ADOPT 'D. AS READ, WHICH SAID MOTION WAS SECONDED BY °C©UN . UPON ROLL . CALL COUNC4MEMB&RS asgutauta,L, AUNT, PAY,, RIALIR HY1 i i , H VOTIN{ "AYE", AND COUNCILNE`MBERS leaki VOTING "NAY ", THE MAYOR DECLARED THE FOREOOLIM AND ADOPTED THIS 2VV1 . DAY OF JANUARY, 1993. delinquent in ten (10) equal 1993 one year from date hereof two years from date hereof three years from .date hereof four years from date hereof five years from date hereof six years from date hereof seven years from date . heereof eight years from date hereof nine years: from date hereof. March 18 Paving District. No 147 DIP.wRICI SEN, CITY CLERK F >NE fillAP4 SON COUNTY': )ss ALICE I. •DIEDRICHSEN, b reb7_ tertifles = duly arspointed, qualified,. and acting City Clerk B1a.ir, "Nebraska, and that the above,, and foregoing Rea ? duly passed and adopted at a regular meeting ofk= City Council of said C :held on the BY A OWNER t Frederick J. Arran & wf. •A A A A A A M Development M Development M Development Co. M Development Co. M Development Co. M Development Co. 7° Co. Pat Mallette & wf. Frederick J. Arran & wf. Gary D. Finn & wf. A & M A & M A & M Development Co, Development Co. Development Co. Terry L. Dutton & wf. Virgil H. Meswarb & wf. John E. Eriksen & wf. A & M Development Co. William R. Larsen,Jr. & wf. James A Crumb & wf. A & M. Development Co. Gnuse donstruction Co. Larry W. Green & wf, Harry R. Paulsen & wf, Corkol Construction, Inc. TOTALS • ASSESSMENT SCHEDULE STREET IMPROVEMENT DISTRICT NO. 147 ( ARBOR HEIGHTS ADDITION, BLAIR, NE.) LEGAL DESCRIPTION Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 Lot 19 Lot 20 Lot 21 Lot 22 Lot 23 Lot 24 AMOUNT $ 3,315.51 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 •3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 3,315.39 $79,569.48 ASSESSMENT SCHEDULE WATER DISTRICT NO. 23 (ARBOR HEIGHTS ADDITION). COST PER UNIT = $ 1,006.925417 OWNER 1 LEGAL DESCRIPTION UNIT AMOUNT Frederick J. Aman & wf. Lot 1 1 $1,007.01 t A & M Development Co. Lot 2 1 1,006.92 A & M Development Co. Lot 3 1 1,006.92 A & M Development Co Lot 4 1 1,006.92 A & M Development Co. Lot 5 1 1,006.94 A & M Development Co. Lot 6 1 1,006.92 A & M Development Co. Lot 7 1 1,006.92 Pat Mallette & wf. Lot 8 1 1,006.92 Frederick J. Aman & wf. Lot 9' 1 1,006.94 Gary D. Finn & wf. Lot 10 1 1,006.92 A & M Development Co. Lot 11 1 1,006.92 A & M Development Co. Lot 12 1 1,006.92 A & M Development Co. Lot 13 1 1,006.92 Terry L. Dutton & wf. Lot 14 1 1,006.92 Virgil H. Meswarb & wf. Lot 15 1 1,006.92 John E. Eriksen & wf. Lot 16 1 1,006.92 A & M Development Co. Lot 17 1 1,006.92 William R. Larsen,Jr. & wf. Lot 18 1 1,006.92 James A Crumb & wf. Lot 19 1 1,006.92 A & M Development Co. Lot 20 1 1,006.92 Gnuse Construction Co. Lot 21 1 1,006.92 Larry W. Green & wf. Lot 22 1 1,006.92 Harry R. Paulsen & wf. Lot 23 1 1,006.92 Corkol Construction, Inc. Lot 24 1 1,006.92 CITY OF BLAIR Parcel TOTALS 14,662.36 $ 38,828.57 F SANITARY SEWER DISTRICT NO. 46 (ARBOR HEIGHTS ADDITION, BLAIR, NE.) COST PER UNIT = $ 1,613.9916 OWNER r Frederick J. Amen & wf. • A & M Development 0, A & M Development Co. A & M Development Co A & M Development Co. A & M Development Co. A & M Development Co. Pat Mallette & wf. Frederick J. Aman & wf. Gary D. Finn & wf. A & M Development Co. A & M Development Co. A & M Development Co. Terry L. Dutton & wf. Virgil H. Meswarb & wf. John E. Eriksen & wf. A & M Development Co. William R. Larsen,Jr. & wf. James A Crumb & wf. A & M. Development Co. Gnuse Construction Co. Larry W. Green & wf. Harry R. Paulsen & wf. Corkol Construction, Inc. CITY OF BLAIR TOTALS ASSESSMENT SCHEDULE LEGAL DESCRIPTION UNIT AMOUNT Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 •Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 Lot 19 Lot 20 Lot 21 Lot 22 Lot 23 Lot 24 Parcel 1 $ 1,614.03 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1,613.99 1� - 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1 1,613.99 1,613.99 $ 40, 349.79 . COUNCILMEMBER improvements, RROS RESOLUTION NO. 1993- 5 INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,.NEBRASKA, as follows: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Paving District No. 148 and Water Extension District No. 24 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said as changed as heretofore provided, are correct statements of special benefits arising by reason of said improve- ments; that the lots and parcels of ground in said Paving Dis- trict No. 148 and Water Extension District No. 24 have been specifically benefited by said improvements in the amounts as shown on said schedules as changed do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Paving District No. 148 and Water Extension District No. 24. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due fifty (50) days after the date of passage of this Resolution levying special assessments, and may be paid within said time without interest, but any installment not paid by said date shall draw interest at the rate of 61/2. per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law.. Said instruments for Paving District No. 148 and Water Extension District No. 24 shall become delinquent in ten (10) equal installments, as follows: 1 /10th 1 /10th 1 /10th 1 /10th 1 /10th 1 /10th 1 /10th 1/10th 1 /10th 1 /10th SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certi- fied by the City Clerk to the Treasurer of the City for collec- tion. SECTION 4. The schedules of proposed assessments with any changes therein as heretofore directed by this Board shall be attached to and made a pant of the minutes of this meeting and are hereby made a part of this Resolution as if fully stated herein. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN UPON ROLL CALL, COUNCILMEMBERS RYAN, RROS, LONG, ABBOTT, 16, w FAY AND RTES VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF JANUARY, 1993. March 18 1993 one year from date hereof two years from date hereof three years from date hereof four years from date hereof five years from date hereof six years from date hereof seven years from date hereof eight years from date hereof nine years from date hereof. CI F BLAIR, NEBRASKA BY -.15 OME JENNY, MA ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE NEBRASKA ) )s WASHINGTON COUNTY ) s ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 26T111 day of January, 1993. L ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR ASSESSMENT SCHEDULE WATER DISTRICT NO. 24 (COLFAX STREET - INSUTRIAL SITE) COST PER UNIT = $ 1,513.164 OWNER LEGAL DESCRIPTION UNIT AMOUNT = =___= = = = == STEPHEN & SUSAN HOLLIS TAX LOT 231, SECTION 7, TOWNSHIP 18N, 1 $1,513.16 2316 ELM DRIVE RANGE 12E OF THE 6TH P.M., WASHINGTON BLAIR, NE 68008 COUNTY, NEBRASKA ROGER STEINBAUGH TAX LOT 236, SECTION 7, TOWNSHIP 18N, 1 $1,513.16 BLAIR TRAILER COURT RANGE 12E OF THE 6TH P.M., WASHINGTON BLAIR, NE 68008 COUNTY, NEBRASKA DUANE & BARBARA MOFFATT TAX LOT 237, SECTION 7, TOWNSHIP 18N, RR #2, COUNTRY LANDS RANGE 12E OF THE 6TH P.M., WASHINGTON BLAIR, NE 68008 COUNTY, NEBRASKA TOTAL ASSESSMENT AMOUNT 1 TOTAL COST ($ 7,565.82) DIVIDED BY NUMBER OF UNITS (5) = $ 1,513.164 (COSt PER UNIT) 1 $3,026.34 $1,513.16 $7,565.82 ASSESSMENT SCHEDULE STREET IMPROVEMENT DISTRICT NO. 148 (COLFAX STREET - INSUTRIAL SITE) COST PER LIN. FT. = $ 26.96349952 OWNER LEGAL DESCRIPTION, FRONT FOOTAGE AMOUNT arrrn& & SUSAN HOLLIS TAX LOT 231, SECTION 7, TOWNSHIP 18N, 2316 ELM DRIVE RANGE 12E OF THE 6TH P.M., WASHINGTON BLAIR, NE '68008 mum, NEBRASKA •ROGER STEINBAUGH BLAIR TRAILER COURT BLAIR, NE 68008 TAX LOT 236, SECTION 7, TOWNSHIP 18N, RANGE 12E OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA DUANE & BARBARA MOFFATT TAX LOT 237, SECTION 7, TOWNSHIP 18N, RR #2, COUNTRY LANDS RANGE 12E OF THE 6TH P.M., WASHINGTON BLAIR, NE 68008 COUNTY, NEBRASKA TOTAL LINEAL FEAT 759.99 379.99 $10,245.87 190.00 $5,123.06 190.00 $5,123.06 TOTAL COST $20,491.99 TOTAL COST ($ 20,491.99) DIVIDED BY TOTAL LINEAL FEET (759.99) = $ 26.96349952 COST PER LIN. FT. J RESOLUTION NO. 1993- 6 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 D, Spirits, Wine, Beer Off Sale Only Liquor License for Sharon Tris- dale, d /b /a Hideaway Liquor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KROS . UPON ROLL CALL, COUNCILMEMBERS KROS. RYAN. REALPH. MINES, ABBOTT, FAY. LONG AND SHOTWELL VOTING "AYE" AND COUNCILMEMBERS NONE • VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY FEBRUARY, 1993. ATTEST: • ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY �' BLAIR, NEBRA BY ME JENNY, M R STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9TH day of February, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 7 COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1993 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 LONG MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEMBERS LONG. ABBOTT. SHOTWELL. RYAN. MINES. REALM AND FAY VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF FEBRUARY, 1993. ATTEST: 0 „P ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NE KA BY 'JENNY, NKOR 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 23RD day of February, 1993. atu A O ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER RESOLUTION NO. 1993 - 8 Rvan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Highway 75 underpass construction project to occur during the summer months of 1993 necessitates detouring traffic from said highway onto various streets within the munici- pality; 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 kind or class of vehicle be prohibited as follows: (A) On the East side of 16th Street from its intersection with State Street to its intersection with Nebraska Street. (B) On the North and South sides of Park Street from its intersection with 16th Street to its intersection with 19th Street. BE IT FURTHER RESOLVED THAT the following stop signs be placed stopping the traffic as indicated: (A) On 16th Street at its intersection with Park Street for the purpose of stopping traffic both northbound and southbound on 16th Street. (B) On 17th Street at its intersection with Park Street for the purpose of stopping traffic northbound on 17th Street. (I) On 19th Street at its intersection with Park Street for the purpose of stopping traffic southbound on 19th Street (High- way 75). 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 Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines UPON ROLL CALL, COUNCILMEMBERS Ryan, Lhng, Shotwell, Fay, Mines, Realph and Abbott VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF FEBRUARY, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) ss CIT BLAIR, NEB SKA BY OME JENNY, l 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 passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23rd day of February, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Water Meter Size 5/8" Residential 5/8" Comm. /Ind. 1" 1 1/4" or 1 1/2" 2 2 1/2" 3" 4" 5" 6" 7" 8" RESOLUTION NO. 1993- 9 RYAN INTRODUCED THE RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that minimum charges for customers of the munic- ipal sanitary sewer system are hereby set and established as follows and further setting and establishing residential and commercial rates and charges for customers of the municipal sanitary sewer system of the City of Blair as follows: Sewer Rates Minimum Monthly Charge $ 7.50 8.50 10.00 12,00 24.00 36.00 52.00 88.00 135.00 192.00 260.00 340.00 Residential and Commercial The sewer use fee is based on water usage of the current month for the commercial customers and of the average monthly usage of the previous December, January, and February for residential customers. It is computed at 54.44% of the average winter quar- ter water bill. The minimum sewer use fee for single residences is $7.50 per month. The sewer use fee for multiple dwellings is the number of units times $7.50, 54.44% of the average winter quarter water bill, or 54.44% of the water charge based on the meter size, whichever is greater. The minimum sewer use fee for commercial customers is $8.50 per month. The minimum sewer use fee for customers of the municipal sanitary sewer system who do not receive service from the municipal water system is set and established at $9.00 per month. Industrial The rates for industrial customers of the municipal sanitary sewer system shall be $ .286 per one hundred cubic feet and in addition thereto the rates shall also include a charge of $ .25 ATTEST: per pound of B.O.D. in excer's of one hundred twenty -five (125) P.F.M. In addition to such rates and charges, there shall also be a charge of $ .25 per pound of suspended solids in excess of one hundred fifty (150) P.P.M. The minimum monthly rate and fee for an industrial customer of the municipal sanitary sewer system shall be $275.00 per month. The sewer charge for such industrial customers shall be based on actual monitored usage with flow being determined by water consumption or measurement of waste water by a continuous recording device. BE IT FURTHER RESOLVED in full force and effect and shall be charged commencing APRIL 1, 1993. COUNCILMEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID 'MOTION WAS SECONDED BY COUNCILMEMBER LONG . UPON ROLL CALL, COUNCILMEMBERS EROS, LONG. RYAN. ABBOTT FAY. ABBOTT AND REALM VOTING "AYE ", AND COUNCILME BERS NONE VOTING "NAY ", THE MAYOR DECL RED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9TH DAY 07 MARCH, 1993. Aro- ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF - NEBRASKA ) )ss WASHINGTON COUNTY ) that such rates and charges shall be CITY OF, NEBR BY JF, ENNY, MAYO l 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 9f the Mayor and City Council of said City held on the 9TH day ¢f March, 1993. ./.41 --,At2e.4 /9,14,./.;An."--,7L) ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 10 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the current Highway 75 underpass construction necessitates detouring traffic from said highway onto various streets within the municipality. 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 kind or class of vehicle be prohibited on both sides of Twenty-Third Street from Wright Street to Washington Street; on both sides of Twelfth Street from Nebraska Street to Washington Street; and on both sides of Nebraska Street from Twelfth Street to Sixteenth Street. BE IT FURTHER RESOLVED THAT stop signs be placed as follows with the designated traffic control: at the intersection of Washington Street and Twelfth Street for the purposes of stopping traffic east bound and west bound on Washington Street; at the intersection of Twelfth Street and Nebraska Street for the pur- pose of stopping traffic north bound and south bound on Twelfth Street; at the intersection of Nebraska Street and Twelfth Street for the purposes of stopping traffic east bound and west bound on Nebraska Street; at the intersection of Sixteenth Street and Nebraska Street for the purposes of stopping traffic north bound and south bound on Sixteenth Street. 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 and the regulations as set forth herein shall terminate upon termination of the detour and the removal of such signing. COUNCILMEMBER RYA1 MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RRAT•PH UPON ROLL CALL, COUNCILMEMBERS Rv6N, REALM, MINES, SHQTWEI.L. FAY. KROS AND ABBOTT VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF APRIL, 1993. ATTEST: ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF .NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL MINES, COUNCIL PRESIDENT 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 April, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER RYAN RESOLUTION NO. 1993- 11 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, additional traffic signing and regulation is neces- sary as a result of the Highway 75 detour. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that stop signs be placed at the intersection of Twelfth Street and State Street for the purpose of stopping traffic east bound and west bound on State Street and that for the period of the detour the stop signs placed at the intersection of State Street and Twelfth Street for the purpose of stopping traffic north bound and south bound on Twelfth Street is hereby rescinded. BE IT FURTHER RESOLVED that such traffic regulations as set forth herein shall be in full force and effect during the time period of such detour and shall expire upon the termination of the detour and removal of the signing as provided herein. BE IT FURTHER RESOLVED that during the effective time of this resolution, it shall be unlawful for any person to fail, neglect, or refuse to comply with said prohibition. COUNCILMEMBER MING MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL . UPON ROLL CALL, COUNCILMEMBERS FAY, LONG, MINES, REALPH, RYAN, SHOTWELL, VOTING "AYE ", AND COUNCILMEMBERS ABBOTT VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 27TH DAY OF APRIL, 1993. CIT F BLAIR, NEBRASKA BY OME JENNY MAYOR ATTEST: /Lit, a D,L, .0.4-iv ) 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 and adopted at a regular meeting of the Mayor and City Council of said City held on the 27TH day of April, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMBMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1993 12 WHEREAS, Section:_ 5-404 of the Municipal ` Code of the City of Blair, provides that the .`governing :body may by resolution prohib- it or regulate parking on . designated streets or parts: of streets. NON`, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COUNCIL OP THE CITY' OF BLAIR, NEBRASKA, that parking ` is prohibited on any portion of the frontage toad running adjacent to and west of Highway 3 from Clark Street south to the North line of Lot 3 in Russell' s Addition to the City of Blaxr ,_.Washington County, 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.'pubiication of this Resolution be unlawful for any person to Phil neglect, ur refuse to Comply -ATTEST: with said prohibition. ALICE/L ' DIBDIICHSEN, CITY CLERIC (SEAL CITY ' BLAIR, NEBRASICA 1 OM } Efi NY, .� OR it shall COUNCILMEMBER: Abbott MOVED THAT: THE.- RESOLUTION .BE ADOPTED AS' READ WHICH SAID, - NOTION WAS - SECONDED :BY _ COUNCILMEMBER Ryan UPON ROLL COUNC.ILMEMBERS .Kros, ions , ShotwelI,',Ryan, Mines, Abbott . Fav And Realoh' , - VOTING "AYE ", AND COUNCILMEMBERS None VOTING " NAY ° , THE MAYOR.DECLARED THE FOREGOINGRESOLUTrON PASSED AND APPROVED. THIS llth DAY ; OP MAY, 1993 :. STATE OF NEBRASKA )' - )s WASHINGTON COUNTY ) A TCB. I: DIB.D fits appointed, qualified atd ; T ing City Clerk Neb.r;,pka, and that the above an:d foregoing ed at .a regular sleeting of the City held on the 11t) . day "o . S RUSSEL • CLARK T L. 213 8.95 AC. 2 441.20' i teo Q 1 . to er a. 1 . / , 163 T, L. 209 0.66 AC. srp 1r T. L. 220 0.37 Ac. BOOK 2 -A PAGE 0 -30 L.194 0.467Ac. T. L 208 0.48 AC. T.L. 166 •••• - 0.564 - -` ^ p 4 T. L.190 0.15 Ac T.L. 196 0.35 Ac. T.L. 203 0.27 AC. Q 1 o e • 1 • 3 IEGAL DESCRIPTION BEGINNING AT A POINT 691.26 1'!':NT EAST OF THE NW CORNER OF LOT 1, RUSSEL'S ADDITION TO THE CITY OF BIAIR, NEBRASKA AND ASSUMING THE NORTH LINE OF SAID LOT 1 TO BEAR DUE EAST AND WEST; THENCE S 3 °35' W A DISTANCE OF 572.14 FEET; THENCE S 14 °32' W A DISTANCE OF 108.46 1.1:a TO A POINT ON THE SOUTH LINE OF LOT 2, RUSSEL'S ADDITION; THENCE EAST ALONG SAID SOUTH 12 1INE A DISTANCE OF 20.66 Frew TO A POINT ON THE WESTERLY R.O.W. OF U.S. HIGHWAY No. 30; THENCE N 14 °32' E ALONG SAID R.O.W. A DISTANCE OF 105.20 FEET; THENCE CONTINUING AIONGSAID R.O.W. N 3 ° 35' E A DISTANCE OF 573.30 FEET TO A POINT ON THE NORTH LINE OF TOT 1, RUSSEL'S ADDITION; THENCE WEST ALONG SAID NORTH IOT UNE A DISTANCE OF 20004 FEET TO THE POINT OF BEGINNING. DEDICATIO+ KWH ALL MEN BY THESE PRESENTS THAT: THE PARTIES WHOSE NAMES APPEAR BELOW 'OWNERS AND PROPRIETORS OF THE TRACT OF LAND DESCRIBED ABTD SHOWN HEREON, DO HEREBY DEDICATE TO THE PUBLIC FOR PUBLIC USE THE LAND;AS DESCRIBED AND SHOWN, IN WITNESS WHEREOF SAID PARTIES HAVE CAUSED THESE PRESENTS TO BE;SLGNED THIS .4S DAY OF /iFili'd9e0 A.D., 1976. 1 n.f3 . of (.lrsat..0_, y7 j Q. . D N LOT 2 l/ /%L717 F. • STATE OF NEBRASKA) WASHINGTON COUNTY ON THIS 0<6' DAY OF / `6 ' A.D., 1976, BEFORE ME A NOTARY PUBLIC, DULY @UAL IPIED IN AND FOR SAIp COUNTY, PERSONALLY APPEARED THE AFORESAID PARTIES, WHO ARE PERSONALLY KNOWN TOME TO BE THE IDENTICAL PERSONS WHOSE NAMES ARE AFFIXED ON THE FOREGOING INSTRUMENT; AND THEY ACKNOWLEDGE THE SIGNING OF SAID INSTRUMENT TO BE THEIR VOLUNTARY ACT AND DEED. WITNESS MY HAND AND OFFICIAL SEAL AT BIAIR,.NEBRASKA, IN SAID COUNTY, THE DATE LAST AFORESAID. CITY COUNCIL ACCEPTANCE THIS DEDICATION AS SHOWN AND DESCRIBED HEREON WAS ACCEPTED BY • BE CITY COUNCIL OF CITY OF r , T�As INGTON COUNTY, NEEHASRA ON THIS / DAY OF i .4 t H A.D., 1976. ii 4 zez i 1111111A moron • aro 11•6*. *OM L. TrAME IKON ell (ma bp.11m. 10. WA 1IGNNNy v :1 ' I 1 FS No. • t P..: _3k xxx ACKNOWLEDGEMENT NOTARY /PUBLIC ■?// /Y. !'�.�'I..Z MAYOR LOT I 30 197611P1; 14 P1; 2: 54 u !tTY.Ci:k'; ♦ NW COR. LOT), RUSSEL ;•Girded _... V . Gene - I v Ncr. il 1� COUNCILMEMBER ATTEST: (SEAL), RESOLUTION NO. 1993- 13 Ryan ALICE I. DIEDRICHSEN, CITY CLERK INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. WHEREAS, the Agreement attached hereto, marked Exhibit "A," and by this reference made a part hereof as though fully set forth herein by and between the City of Blair and System Service Company for the 1993/1994 technical service agreement for servic- ing equipment within the municipal water system is hereby adopted and approved by the municipality. BE IT FURTHER RESOLVED THE MAYOR AND CITY CLERK are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Fay UPON ROLL CALL, COUNCILMEMBERS Kros, Long, Mines, Realph, Shotwell, Ryan, Abbott and Fay VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF MAY, 1993. CITY OF BLAIR, NEBRASKA BY ME JENNY, 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, apd 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 11th day of May, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- lei COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a stop sign be placed at the intersection of Tenth Street and Jackson Street for the purpose of stopping north bound traffic on Tenth Street; and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott ,. UPON ROLL CALL, COUNCILMEMBERS Abbott, Piy, TZrn., T.nng. Minas VOTING "AYE" AND COUNCILMEMBERS Ryan, Shntvc*11 VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS Ilth DAY OF MAY, 1993. j ALICE T.. DIEDRICUSEN, CITY CLERK _ (SEA CITY OF- BLAIE, NEBRASKA 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 and adopted at a regular meeting of the Mayor and City Council held on the 11th day of May, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION •NO. 1/93 -: 15 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: ATTEST: ALIC, � . DIEDRICHSEN, CITY CLERK ; (SEAL) CITY 4FBtAIR, NEBRASKA- WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, . BE IT RESOLVED by the Mayor and City Council of the City;of Blair creating a four way 1 Avenue and Larsen Drive in the City of the passage and publication of ska, that stop signs shall be placed stop at the intersection of Twenty - Sixth that 'fallowing this resolution it, shall be unlawful for any person to fail, neglect or refuse tO comply with said stop signs. COUNCILMEMBER Ryan' MOPED. THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott Fay, Long, R.ealuh'. Ryan VOTING "AYE" AND COUNCILMEMBERS Kros, Mines and Shotwell VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED S AND ADOPTED THIS 25th DAY OF MAY, 1993. 0'P N VSHrstaTOK" + OUNTT ALICt DIEDRICHSRN ° ereb, tad, qulified and nctins fi*y 4 that th0 above raga or ■sntiag of tk .yor 1111111111111111111 111111'1111111 COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1993 - WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or prohibiting traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that stop signs be placed at the intersection of Eleventh Street and Grant Street for the purpose of stopping traffic north bound and south bound on Eleventh Street in the City of Blair, and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop signs. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros UPON ROLL CALL, COUNCILMEMBERS Long, Shotwell, Ryan, Abbott, Fay, Mines, Realph and Kros VOTING "AYE" AND COUNCILMEMBERS NATP VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 95th DAY OF MAY, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY JERO 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 held on the 25th day of May, 1993. fl/tP nX sk a P�fi ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, . the City of Blair has been presented with Dev el- oper 's Agreement with Frederick J. Aman, and Prances D. Aman, husband and wife, and A & M Development Co., 'a Nebraska pertner ship consisting of Frederick J. Arran and Pat Mallette, and Ken- for the crea neth Radler and Maureen Radler-, husband and .;wife, tion of Arbor Heights. First Addition, .an addition to the City of Blair, Nebraska, a copy of said Agreement being attached hereto marked Exhibit WHEREAS, the terms and conditions off: the agreement are ac- ceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY:THE -MAYOR AND CITY 13OUNCIL of the City of Blair Nebraska, that the Developer's Agr ?ement attached hereto, . marked Exhibit " 'andby this reference- made a part hereof as though fully set forth "herein is hereby approved by the municipality, and the . Mayor and City' Clerk are hereby authorized and directed to execite same on behalf of the munici- palit► { "A;" and, r,. COUNCILMEMBER: Mines THAT THE RESOLUTION BE ADOPTED AS . READ, , WHICH:' SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL, CALL, COUNCILMENBBItS °. Abbott, Fay, Kros, Long, Mines: „Realph and Shotwell VOTING "AYE ", ANDCOUNCILMEMBERS None. VOTING "NAY ", THE MAYOR DECLARED THE ,FOREGOING RESOLUTION PASSED AND, ADOPTED THIS 8 DAY OP rail/re; y 1993 ATTNST : A LICB:I.. HIIYRICHSA1,- CT C. STAT F - NBIRAS W N C'roH ' COUNTY ALI Cd, I . duly appointed, qualified, a B1ttr, Nebraska,, and that the above dul passed and adopted a t a regoul City: Council of said City held ., t DEVELOPER'S AGREEMENT This agreement made this /(o day of i StfYi9�t' 1993, by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Fred _.rick J. Aman and Frances D. Aman, husband and wife, and A & M Development Co., a Nebraska partnership, consist- ing of Frederick J. Aman and Pat Mallette, hereinafter referred to collectively as "Developers," and Kenneth Radler and Maureen Radler, husband and wife, hereinafter referred to as "Radiers." WHEREAS, Developers propose to develop part of Tax Lot 99 and part of Tax Lot 22 in Section 2, and Tax Lot 283 in Section 11, all in Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, and have submitted a preliminary plat to the Planning Commission and a final plat of Arbor Heights First Addition to the Planning Commission and City Council of the City of Blair, Nebraska; and, WHEREAS, Developers have requested Blair form improvement or extension districts for streets, water, and sewer services to the subdivision and are willing to participate in and fund a portion of the cost of said improvement without same being assessed against the real estate within such subdivision; and, WHEREAS, Kenneth Radler and Maureen Radler may have or claim an interest in said real estate and agree their interest shall be junior and inferior to Blair's assessments against said real estate for the construction of such improvements. NOW, THEREFORE, in consideration of the mutual covenants and benefits to each party as set forth herein, it is agreed as follows: 1. Developers shall file with Blair their petition for the creation of said improvement districts. Pursuant to the applica- ble terms, conditions, or prohibitions of the statutes of the State of Nebraska, Blair will create street, water, and sewer improvement districts for the construction of said improvements within Arbor Heights Addition as such final plat or phases there- of are approved by Blair. 2. All improvements and construction under said districts shall be made pursuant to the specifications of Blair. All contracts for such improvements shall be entered into by Blair and according to the terms and conditions approved by Blair. 3. Developers hereby agree to pay twenty percent (20 %) of all construction costs attributed to such districts. Upon the execution of the contracts for the construction of such improve- ments, Developers shall post a security bond guaranteeing payment of said twenty percent (20 %) upon completion of the contracts and payment thereon by Blair to the contractors or Developers shall deposit a cash sum with the City of Blair equal to twenty percent (20%) of the contract prices under the stipulation said deposit may be used by Blair for payment of the Developers' share on the contracts for construction of said improvements. 4. It is specifically agreed between the parties, Develop- ers shall be responsible for and pay upon completion of construc- tion under the contracts, a sum equal to twenty percent (20 %) of the actual construction cost. In the event said surety bond or cash deposit exceeds said twenty percent (20 %), Blair shall remit the balance to Developers. In the event the surety bond or cash deposit is less than twenty percent (20 %) of the actual construc- tion cost, Developers shall within fifteen (15) days following notification by the City of such deficiency remit same to the City of Blair. 5. It is further agreed by all parties hereto, including Developers and other persons, including but not limited to Ra- dlers, who may have or claim an interest in or an encumbrance or lien upon the above described real estate, that said special assessments shall be a first lien on the real estate for such construction and improvements, subject only to general real estate taxes levied and assessed against said premises and that all other interests, encumbrances, or liens on the premises of any parties to this agreement shall be junior and inferior to the assessments of Blair against the premises. 6. Blair's participation in this agreement and all of its responsibilities and obligations hereunder shall be subject to any and all provisions imposed on Blair by the statutes of the State of Nebraska and the Municipal Code. 7. Developers hereby agree they will maintain all of the assessments made against the above described real estate pursuant to the terms of this agreement in a current status and that they will not allow same to become delinquent. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. JAe Q & Fred rick J. Amn Frances D. Aman A & M Development Co., a Nebraska partnership Fredrick J. man, one of two • ar _44gie / 'Pat Mallette, one of two partners ,• " •;•••:. • . .. , . ■ ..„ ,. . • , . , . ; .;;• • ff-01 • 4 COUNCILMEMBER RESOLUTION NO. 1993- 18 Mines ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the Pony Park Campground rules attached hereto, marked Exhibit "A," and by this reference made a part hereof as though fully set forth herein are hereby approved and adopted as the rules and regulations governing the use of the Pony Park Campground. BE IT FURTHER RESOLVED that it shall be unlawful to violate any of the rules and regulations as adopted hereby, and any person violating same shall be guilty of a Class IV misdemeanor and subject to the penalties therefore as set forth in Nebraska Statutes. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS Mines, Ryan, Long, Shotwell, Abbott, Ryan, Realph and Fay VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF JUNE, 1993. 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 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 June, 1993. ALICE I. DIEDRICHSEN, CITY CLERK 4. RULES AND REGULATIONS OF THE PONY PARK CAMPGROUND CITY OF BLAIR, NEBRASKA SECTION 1. Camping is permitted only on designated camp- sites. SECTION 2. Any person or persons camping shall register his or her name and pay the appropriate fee within one -half hour of occupying the campsite. SECTION 3. No more than one unit and camping party shall occupy one campsite except that one tent occupied by immediate members of a family occupying the campsite shall be permitted in addition to the main camping vehicle. SECTION 4. Only an individual, family, or informal unorgan- ized group of not more than four (4) persons shall occupy one campsite. SECTION 5. No campsite shall be occupied for more than five (5) consecutive nights by the same camping unit. Any stays longer than five (5) consecutive nights must be approved in advance by the City Administrator. Any extension shall be based on good cause only or because of emergency circumstances. SECTION 6. SECTION 7. areas. Campsites are not reservable. All vehicles are restricted to hard surfaced SECTION 8. All campers shall maintain quiet and avoid excessive noise in the campground between the hours of 9:30 o'clock P.M. and 8:00 o'clock A.M. SECTION 9. Disorderly conduct is prohibited including the use of language or conduct that is threatening, abusive, insulting, profane, or indecent. SECTION 10. The campground is closed between the hours of 10 :30 o'clock P.M. and 6:00 o'clock A.M. and during such time only registered campers shall enter or remain in the campground. SECTION 11. Campers shall restore the campsite to the same approximate condition or better than when they found it. SECTION 12. No campsite or camping unit shall be left unoc- cupied by a camping party for more than twenty -four (24) hours. Unattended vehicles or camping equipment on any campsite beyond the twenty -four (24) hour limit is subject to impoundment. SECTION 13. Campground check out time is 4:00 P.M. daily. All campers occupying campsites after daily check out are re- quired to pay an additional camping fee. SECTION 14. No privately owned animal shall be allowed to run at large and must be confined by a leash or chain not exceed- ing six (6) feet in length or kept confined in or attached to a vehicle. Animal waste shall be immediately picked up by the ani- mal's owner and placed in refuse containers. SECTION 15. No firearms, air rifles, sling shots, bows and arrows, fireworks, or inflammable explosive material or other dangerous articles or substance shall be used or kept or permit- ted in the campground. SECTION 16. No person shall injure, deface, disturb, be- foul, nor in any manner destroy or cause to be destroyed any part of any public building, sign, structure, equipment, or other property in the campground. It shall be unlawful to remove, injure, or destroy any tree, flower, shrub, plant, or other vegetation in the campground. SECTION 17. It shall be unlawful for any person to possess or consume or otherwise in any manner have alcoholic liquor, alcoholic beverages, or intoxicating liquors, or any controlled substance in any area of the campground. SECTION 18. Motorized bikes, scooters, motorcycles, and mopeds may be used as a means of conveyance by licensed drivers. Unwarranted and indiscriminate "cruising" of designated roadways within the campground is prohibited. SECTION 19. Fires may be built in campground provided grills only. All fires shall be extinguished when the site is vacated. No other fires are allowed. SECTIO 20. Excessive noise from radios, televisions, stereos, musical instruments, electric generating plants, power or any similar equipment is prohibited. SECTION 21. The campground is intended for recreational uses only and no washing or repairing of vehicles, advertising or political campaigning, peddling, hawking, soliciting, begging, carrying on of business or other commercial enterprise, or any other purpose not primarily recreational is prohibited. SECTION 22. Camping fees shall be $3.00 per night for tents not occupying any campsite with electricity. All campsites with electricity, whether such electricity is or is not used, is $5.00 per night. SECTION 23. Any recreational vehicle utilizing the dump station is required to use a hose which shall empty directly into the sewer opening. SECTION 24. All wastes of any nature discharged from any recreational vehicle shall be contained and shall not be allowed to discharge onto the campsite. SECTION 25. The speed limit within the campground is five (5) miles per hour. SECTION 26. Only campground use generated waste shall be placed in trash receptacles and depositing all other waste is prohibited. SECTION 27. Restroom and shower . facilities are for regis- tered campers only. SECTION 28. Any person violating any of the provisions of the campground rules shall be subject to immediate eviction from the campground. COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1993- 19 WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohib- i t or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND,_bITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that there shall be no parktng on both sides of Twentieth Street between the Chicago North Western Railroad right of way to Nebraska Street, and that the Street Department of the City of Blair and the Police Department are hereby authorized and directed to place No Parking signs reflect- �y= ing the no parkingarea, as established hereby at necessary inter- vals along said no, parkingfarea and that following -the passage and..pdblzcation of this Resolution it shall be unlawful for any .person to, ,fail, neglect, or refuse to comply with said prohibi- tion. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Shotwell UPON ROLL CALL, COUNCILMEMBERS Mines, Long, Shotwell, Abbott, Ryan, Realph, Fay VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22nd DAY OF JUNE, 1993. A`T`TEST: (SEAL) ' ,.cP_ ALFCE -I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 22nd ,r: • day of June, 1993. ALICE I. DIEDRICHSEN, CITY CLERK ADOPTED Rrz� :ROLL CA l t ,' Ra Kr Si- :Mines, Sh t e ll al. ' V OT0G "AYE AND CO'U I MEM E fi OTT NG " AY ,; 1 MAYOR D C tE FORE 1:1 :# 0 E» 11111 11111 11'111 ST 3F ES.RASKA ) )a WA RIP C ? C OUNTY ALICE =' . ;DIBDRIC fSS'f, hereby sc rt a >..that h '. d appointed, quali„fied,. nd ' City Clem of the City a'r that the above and toregeing Ra'i l i on q . passed and'' adopted at .:a ` ;ar mee t i. ' -t ailor Council of said City held on the 13 day, of IT 1 Trl'm11 rfu i iiu i nrii rii COUNCILMEMBER ATTET: KROS RESOLUTION NO. 1993- 21 /9 A ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have created and estab- lished the Business Improvement Board; and, WHEREAS, the term for the members of said Board shall be determined by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED three (3) members shall be appointed for an initial term expiring January 1, 1995, and two (2) of said members shall be appointed for an initial term ending January 1, 1997. After said initial terms, the appointment shall be for and the term of office of said members shall be for a period of four (4) years. COUNCILMEMBER ABBE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER . UPON ROLL CALL, COUNCILMEMBERS Abbott, Kros, Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS DAY OF JULY, 1993. CITY OF BLAIR, NEBRALKA BY if ....„0.7_ f OM . JENNY, M TE OF NEBRASKA ) )1 WASHINGTON COUNTY: ' - ) ALICE I DIEDRI "GR fit htroby oer inted,. qua fled, and a:gti sire, And above. r.egu1at ' Ae4 ; d -.on t'he . I301.; COUNCILMEMBER RESOLUTION NO. 1993- 22 Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, created the Airport Authority of the City of Blair; and, WHEREAS, such Authority has been activated by the appoint- ment of the members of the Board thereof; and, WHEREAS, Sec. 3 -503 R.R.S. Neb. provides any City creating such an authority shall be resolution convey and transfer to the Authority existing airport facilities. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, as follows: SECTION 1. The City of Blair does hereby convey, transfer, set over, and assign, to the Airport Authority of the City of Blair all of Tax Lots 41, 42, 44, 45, and 60 in Section 27, and Tax Lot 53 in Section 34, all in Township 19 North, Range 11 East of the 6th P.M., Washington County, Nebraska, subject to all easements and restrictions of record; a lease and agreement en- tered into November 10, 1980, by and between the City of Blair and the Blair Golf Club, a copy of said lease being attached hereto marked Exhibit "A;" a farm lease entered into April 14, 1993, between the City of Blair and Virgil Wrich, a copy of said farm lease is attached hereto, marked Exhibit "B; "_ a farm lease entered into April 14, 1993, between the City of Blair and the Blair Golf Club, assignee of Virgil Wrich, a copy of said farm lease is attached hereto, marked Exhibit "C;" a lease entered into May 12, 1981, between the City of Blair and H & R Leasing Company, a copy of same being attached hereto, marked Exhibit "D;" a right of way easement granted April 28, 1981, by the City of Blair to the Omaha Public Power District, a copy of same being attached hereto, marked Exhibit "E;" a lease entered into April 26, 1983, between the City of Blair and Telmans, Inc. and subse- quently assigned to Blair Port Service, Inc., a copy of said lease and assignment being attached hereto marked Exhibits "F" and "G" respectively; and further subject to the reservation of an easement for the use of the existing Blair Police Department shooting range located on the above described premises together with an easement for an ingress 4nd egress thereto, such reserva- tion being made .until such time as the property may be conveyed by the Airport Authority and the City of Blair. SECTION 2. The City of Blair does hereby assign, transfer, and set over all of the City's right, title, and interest in and to the agreements referred to hereinabove and attached as Exhib- its "A" through "G" inclusive. SECTION 3, The City of Blair does hereby further assign, transfer, and set over to the Airport Authority of the City of Blair all of the City's right, title, and interest in and to: A. An airport lighting agreement entered into December 10, 1985, by the City of Blair with the Nebraska Department of Aero- nautics, a copy of such agreement being attached, marked Exhibit " B. An agreement entered into. April 22, 1986, between the City of. Blair and the Blair Golf Club, a copy of which is at- tached hereto, marked Exhibit "I." SECTION 4..- All of the exhibits attached hereto are by this . reference made a -part hereof. authorized ECTION ., ,and set over q tits. flz:-tuz es ' tacit �OUJNtAtit;,* El ASPYE4 ,_A5 1t Rte y Type, VOTING 'AAYE" OTING ``NAY'' AND ADOPTED • co inee TOR *ESD irgart- Avi tkx4rity; of 'ktt�s `o' �1.� 7�3� .. p. fachmente tructures, and , per s,ana1 ` pr perty af:: tli e,.ohev des °+rbeil �r; he Ai rport: or ,, t a k 4 Ragas. MOV El _ THAT ;: RESOL T t EE i HIGE°`SAID MOTI WA8` s .ECONBED 'BY C0W CILMENBRR a UPON =:ROLL :. A „ C0tf11, 01.0BERS r Sho well. ' batt - anc Realph 1�kN ! QIJNCIt$$$$$IIS • 4 9 8 , trikrog RNCL fiHB 1?0REGOING : R S 27th DAY or JULY, L993* a>e end us ed spe d . n yor ' a d G 1 ` nstrumen T1,' BLAB,' .NEBRAS C141r a trees e: PASSE; STAT 6 : OF BRA WASHINGTON ALICE I D€ SHE, hereby ce t €::ea tbas appointed, + apl €ie+t . 1 acting City Cle of "the Nelorss , 'end..,€ a .,,,the abore and fore g zg MAO ei a r pas adopted at a regular aeet,ing: f ,` N i ar.ry ;du Conn il. -o€ said Cit held ;on the 2 t ' d L 1 LEASE AND AGREEMENT This lease and agreement made this 10th day of November, 1980, by and between the City of Blair, Washington County, Nebraska, hereinafter called the party of the first part, and the Blair Golf Club, a corporation of Blair, Washington County, Nebraska, hereinafter called party of the second part, is intended to repeal and void all previous agreements and leases between said parties, and WITNESSETH: The party of the first party, in consideration of the rents, covenants and agreements of said party of the second part, hereinafter set forth, does by these presents let, lease and rent to the said party of the second part the 51.7 acres of land now occupied as a golf course on the land hereinafter described, and the 2.1 acres now occupied by a clubhouse and other buildings (this lease does not include airport runways or land strips), said land 'being described as: All of Tax Lots Forty -One (41), Forty -Two (42), Forty -Four (44) and Forty -Five (45) in Section Twenty -Seven (27), and Tax Lot Fifty -Three (53) in Section Thrity -Four (34), all in Township Nineteen (19) North,,Range Eleven (II), East of the Sixth Principal Meridian in Washington County, Nebraska, to have and to hold the same for the period of thirty (30) years from the 1st day of'May, 1981, to the 1st day of May, 2011. Second party, in consideration of the leasing of said premises, agrees to pay to first party annual rent, said payments to commence July 1, 1981, and continue on July 1 of each ensuing year during the term of this lease, the amount of said payments to be computed as follows: The amount of the first payment due July 1, 1980, shall be $1,000.00. Thereafter, the amount of the lease payment shall increase by the sum of $100.00 per year during the term of this lease. And the said party of the second part, in consideration of the leasing of the premises, as above set forth, covenants and agrees with the said party of the first part that it will pay all On14!! OP 011ANLON @ 011ANLON LAWYRRI • I *ia. NI.11Rf1U emaw os 011AN2.ON a O'NANLON LAWYRRS WtAIR. III/AAW pn utilities, including specifically lights, water, heat and tele- phone, in connection with the operation of said golf club. And the party of the first part agrees that it will cause all utility payments incurred by reason of the operation of the airport on said premises to be paid. Said party of the first part agrees to make all major repairs on the buildings on said premises and said party of the second part agrees to make minor repairs on said buildings. Said party of the second part agrees to consult the said party of the first part before any major improvements are made on the leased premises. As further consideration for the execution of this lease, the party of the second part hereby acknowledges that it presently owes the City of Blair the sum of $2,000.00 as its remaining share of prior improvements which have been made on the premises and the party of the second part agrees that it will repay the 'party of the first part in the sum of $500.00 per annum, payable January 1st of each year until such time as the $2,000.00 has - been repaid. The said party of the second part further covenants with the said party of the first part that at the expiration of the time mentioned in this lease, it will give peaceable possession of said premises to the said party of the first part, in as good condition as they now are, the usual wear, unavoidable accidents and loss by fire excepted, and will not make nor suffer any waste thereof, nor assign this lease, nor sublet, nor permit any other person or persons to occupy the same, nor make or cause to be made any alteration thereon without the consent of the said party of the first part in writing having been first obtained; and that upon the violation or default in any of the preceding covenants and provisions, or the nonpayment of the rent as aforesaid, the said party of the first part may at its discretion, either distrain for said rent due or declare this lease at an end and recover the same as if held by forcible detainer. ATTEST: DOUGLAS E. BULLOCK, CITY CLERK (SEAL) ,ATTEST. IN WITNESS WHEREOF, the said parties have hereunto set their hands the day and year first above mentioned. i - ti_-e JON /. SEDLACEK, SECRETARY = TREASURER (SL•AL) *.,,Cu OR OIMNLON & OWANLON LAWYERS eLNR. NIONAUNA CITY OF BLAIR, NEBRASKA, Party of the First Part, BLAIR GOLF CLUB, A Corporation, Party of the S on d t, 400 t , GARLAND RUNYO ENT TJIS AGREEMENT made and entered into this /7 day of , 1993, by and between the City of Blair, Nebraska, a Municipal Corporation, party of the first part, and Virgil Wrich, party of second part, WITNESSETH: FARM LEASE That the said party of the first part has this day leased unto the party of the second part, the following described real property situated in the County of Washington and State of Ne- braska, to -wit: That part of Tax Lot 60 in Section 27, Township 19 North, Range 11 East of the 6th P.M., Washington County, Nebraska, lying between Runways 1/19 and 15/33; North of Runway 15/33; West of Runway 15/33 and North of the Eight Place T- Hangar; West of the Eight Place T- Hangar and North of the Golf Course North Cart Shed and Main- tenance Building, less a tract of ground 575 feet West of the center line adjacent to, and parallel to the main runway and North of the taxiway excepting that portion thereof used as a shooting range, from the 1st day of March, 1993, to the 28th day of February, 1996, and the said second party, in consideration of the leasing of the above premises, hereby covenants and agrees with the said party of the first part to pay the said party of the first part as rent for the same as follows: $600.00 per year, with $300.00 due on March 1st and $300.00 due on September 1st of each year. The City of Blair, Nebraska, hereby reserves the right to termi- nate this lease annually by giving notice of such termination on or before February 1 of each year. The City of Blair reserves the possession and use of the road from the airport hangars to the practice range. IT IS FURTHER EXPRESSLY AGREED between the parties hereto that the said party of the first part, should it deem it neces- sary, may at the cost and expense of the party of the second part, employ men and equipment to go upon said premises and cultivate the crops and harvest them or to do anything that is necessary to promote their growth or save them at any time before they are in the granaries, the whole expense of the same to be a lien upon said second party's share of said crops. IT IS FURTHER EXPRESSLY AGREED by the party of the second part that he will carefully protect all buildings, fences, and improvements of every kind that are now on said premises or that may be erected thereon during the continuance of this lease; that he will promptly at the expiration of the term herein granted yield up possession of said premises, without notice, unto the party of the first part, in as good repair as they are now or may be at any time during the continuance of this lease, ordinary wear and loss by fire excepted. Said second party will keep the cultivated lands of said premises free from weeds and destroy all weeds along the fences on the highway adjoining the land and along the borders of the fields before they ripen their seeds. IT IS FURTHER EXPRESSLY AGREED by the party of the second part that he will not sub -let nor in any manner release any part of the described premises without the consent of the party of the first part. IT IS FURTHER AGREED that the party of the first part and its agents may go upon said premises at any time to inspect the same or to make improvements thereon and,to plow for future crops and to sow small grain in corn and stubble ground in the fall before the expiration of this lease. IT IS FURTHER EXPRESSLY AGREED that the second party shall secure the performance of the terms and conditions of this lease on his part by giving to the first party on demand a chattel mortgage upon all or any part of the crops growing or gathered on said premises during said term. And if said second party shall neglect or refuse to give such chattel mortgage, upon demand, or if he shall at any time give or attempt to give to, or permit any person or persons to obtain a lien upon said crops or any part thereof, or violate any of the conditions of this contract, then this lease shall thereby terminate at the option of the first party, and in order to enforce a forfeiture for non - payment of rent it shall not be necessary to make a demand on the same day the rent shall become due, and the said first party may at once recover possession of said premises and all crops thereon and the said second party shall in that event be held and considered to have planted and cultivated said crop for the benefit of said first party and shall be paid for such services as follows: First party may sell said crop and the unexpired term for cash at private sale, it may at its option procure said crops to be further cultivated or gathered and sold in such market as it may see fit, and in either event the proceeds thereof shall be ap- plied: First, to the payment of expenses incurred by the said party in the premises including the time spent by it in connec- tion therewith; Second, in payment of the rent and any other lawful charges due first party; Third, the remainder, if any, shall be paid to the second party in full satisfaction for serv- ices in planting and tending said crops, any seeds furnished by him, or any other sums due him hereunder. It is further agreed that the covenants and agreement noted on the reverse side of this instrument, if any, are hereby incorporated into and made a part of this lease. In the event of the default of the party of the second part in any of the terms and conditions hereof, the party of the first part may immediately declare this lease terminated and accelerate all remaining unpaid rents due hereunder. In such event, the party of the first part shall also be entitled to immediate possession of the premises. It is understood and agreed that crops grown in the approach areas at the ends of each runway shall be restricted to low- growing varieties and that no crops shall be grown within 125 feet from the centerline of Runway 1/19 or within 400 feet from the runway ends, nor shall crops be grown within 43 feet from the centerline of the taxiway or within 18 feet from any apron area. The covenants herein shall extend to and be binding upon the heirs, executors, and administrators of the parties to this lease. ATTEST: Signed this 1 day of ALICE '17IEDRICHSEN, .'CITY CLERK CITY OF BLAIR, NEBRASKA, A MUNICIPAL CORPORATION BY i JENNY, , AYOR WRICH -;/t VIRGI ft , 1993. FARM LEASE ,,� THIS AGREEMENT made and entered into this 1 4 day of i°,, 4:. , 1993, by and between the City of Blair, Nebraska, a Municipal Corporation, party of the first part, and the Blair Golf Club, assignee of Virgil Wrich, party of second part, WITNESSETH: That the said party of the first part has this day leased unto the party of the second part, the following described real property situated in the County of Washington and State of Ne- braska, to -wit: e A tract of ground 525 feet West of, adjacent to, and parallel to the center line of the main runway and North of the taxiway excepting that portion thereof used as a shooting range, being in part of Tax Lot 60 in Section 27, Township 19 North, Range 11 East of the 6th F.M., Washington County, Ne- braska, from the 1st day of March, 1993, to the 28th day of February, 1996, and the said second party, in consideration of the leasing of the above premises, hereby covenants and agrees with the said party of the first part to pay the said party of the first part as rent for the same as follows: $1,000.00 per year, with $500.00 due on March 1st and $500.00 due on September 1st of each year. The City of Blair, Nebraska, hereby reserves the right to terminate this lease annually by giving notice of such termina- tion on or before February 1 of each year. The City of Blair reserves the possession and use of the road from the airport hangars to the practice range. IT IS FURTHER AGREED said second party will keep the lands of said premises free from weeds and destroy all weeds along the fences on and adjoining the land and along the borders of the fields before they ripen their seeds. IT IS FURTHER EXPRESSLY AGREED by the party of the second part that he will not sub -let nor in any manner release any part of the described premises without the consent of the party of the first part. IT IS FURTHER AGREED that the party of the first part and its agents may go upon said premises at any time to inspect the same or to make improvements thereon and to plow for future crops and to sow small grain in corn and stubble ground in the fall before the expiration of this lease. IT IS FURTHER EXPRESSLY AGREED that the second party shall secure the performance of the terms and conditions of this lease on his part by giving to the first party on demand a chattel mortgage upon all or any part of the crops growing or gathered on said premises during said term. And if said second party shall neglect or refuse to give such chattel mortgage, upon demand, or if he shall at any time give or attempt to give to, or permit any person or persons to obtain a lien upon said crops or any part thereof, or violate any of the conditions of this contract, then this lease shall thereby terminate at the option of the first party, and in order to enforce a forfeiture for non-payment of rent it shall not be necessary to make a demand on the same day the rent shall become due, and the said first party may at once recover possession of said premises and all crops thereon and the said second party shall,in that event be held and considered to have planted and cultivated said crop for the benefit of said first party and shall be paid for such services as follows: First party may sell said crop and the unexpired term for cash at private sale, it may at its option procure said crops to be further cultivated or gathered and sold in such market as it may see fit, and in either event the proceeds thereof shall be ap- plied: First, to the payment of expenses incurred by the said party in the premises including the time 'spent by it in connec- tion therewith; Second, in payment of the rent and any other lawful charges due first party; Third, the remainder, if any, shall be paid to the second party in full satisfaction for serv- ices in planting and tending said crops, any seeds furnished by him, or any other sums due him hereunder. It is further agreed that the covenants and agreement noted on the reverse side of this instrument, if any, are hereby incorporated into and made a part of this lease. In the event of the default of the party of the second part in any of the terms and conditions hereof, the party of the first part may immediately declare this lease terminated and accelerate all remaining unpaid rents due hereunder. In such event, the party of the first part shall also be entitled to immediate possession of the premises. It is understood and agreed that vegetation grown in the approach areas at the ends of each runway shall be restricted to low- growing varieties'and that no crops shall be grown within 125 feet from the centerline of Runway 1/19 or within 400 feet from the runway ends, nor : shall crops be grown within 43 feet from the centerline of the taxiway or within 18 feet from any apron area. The covenants herein shall extend to and be binding upon the heirs, executors, and administrators of the parties to this lease. Signed - ATTEST: ALICE-DIEDRICHSEN, CITY. •CLERK this I l'1 day of CITY OF BLAIR, NE,s'ASKA, A WI-CIPAL CORPORAT ION , 1993. OgE JENNY,''YIR 1 BY It/ duly aut • ized officer. The undersigned, Virgil Wrich, Assignee, hereby assigns and transfer all of his right, title, and interest in and to a lease dated / / - 7/ c / 1 "7 .7 :7 , 1993, of the real estate described as a tract of 525 - feet 525 feet West of, adjacent to, and parallel to the center line of the main runway and North of the taxiway excepting that portion thereof used as a shooting range, being in part of Tax Lot 60 in Section 27, Township 19 North, Range 11 East of the 6th P.M., Washington County, Nebraska, between the City of Blair, Nebraska, as Lessor, and Virgil Wrich, as Lessee, to the Blair Golf Club. Dated: `7` -- /e Assignment Of Lease 1993. BLAIR GOLF CLUB Virgil / RESSOLUTION. ATTEST: RESOLUTION NO. 1981- 16 COUNCILMEMBER REYZLIK INTRODUCED THE FOLLOWING WHEREAS, attached hereto and marked Exhibit A and by this reference made a part hereof, the proposed lease agreement between the City of Blair and H $ R Leasing Company, a Nebraska Corporation, and, WHEREAS, the purpose of said lease is to allow H 6 R Leasing Company to construct an airplane hanger at the Blair Airport. NOW THEREFORE BE ITdRESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that said lease agreement attached hereto as Exhibit A is herewith approved and that the Mayor and City Clerk are herewith authorized to execute said lease on behalf of the City of Blair, Nebraska. COUNCILMHMBDRKUht MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH S ID MOTION WAS SECONDED BY COUNCILMEMRER Rey}'zllk UPON ROLL CALL, COUNCILMRMBIIRS Reyzlik, Kuhr, Long, Reef and Urbal VOTING "AY AND COUNCILMHMBERS none voting Nay, Councilmember Kubie ABSTAINING , THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF May , 1981. VIE NA 'R B LL, CITY CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY ) : CITY OF BLAIR, NEBRASKA Verna R. Bull, hereby certifies that sho 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 12th day of May , 1981. C0.XA R. L ERNA R. U LL O'HANLON & NELSON. ATTORNEYS. 1869 WASHINGTON. BLAIR. NEBRASKA 68008 (402) 4269666 XIIIBIT "A" LI81 -2! LEASH ! This Agreement, by and between City of Blai of the Courtly of i first party and - `.. The Italtmau General Supply Sousa. Wools, aebr - •_ `.. Blade and entered into this 12 th day of May , :9 81 r, Nebraska, and State of Nebraska Washington 11 1 R Leasing Company, a Nebraska Corporation Together with all buildings and improvements, on the same for the term of the 12th day of May 1981 , to the 12th &Y of Four hundred and no /100 ($400.00) payable at the rate of $ 20.00 per inm with the first payment may 19 81 and the balance payabte$20.00 May , at the of of The City Clerk ' hereinafter referred to as the hereinafter referred to as the second party (whether one or more in number). WITNt SSETH, That the said party of the first part has this day leased unto the party of the second part the fol- lowing described premises, to - nil: A tract of ground 50 feet by 60 feet lying West of the existing airplane hanger owned by Joint Venture Hanger Company on the following described real estate: All of Tax Lots Forty -One, Forty -two, Forty -four, and Forty -Five (41,42,44,45) in Section Twenty -seven (27), and Tax Lot Fifty -three (53) In Section Thirty -four (34), ' all in Township Nineteen (19) North, Range Eleven (11) East of the Sixth Principal Meridian in Washington County, Nebraska. twenty years May, 2001 to be paid on the on the 12th from , for the sum of DOLLARS 12th day al day of each AND iT IS FURTHER AGREED, That iJ an rent shag be due and unpaid or if default be made in any of the covenants herein contained, it shall then be lawful for the said party of the first pars to re -enter the said premises, and the party of the second part agrees to vacate said premises without notice, and if it becomes necessary to bring action at law to recover possession, to pay a reasonable attorney's fee therefore tJ permitted by law. It is further understood and agreed by and between the parties hereto that the Lessee will construct at its own expense an airplane hanger and will carry all of its own insurance including liability insurance. It is further understood and agreed that the terms of this lease may be extended for an additional twenty (20) year period at the option of the lessee. The lessee shall provide a certificate of insurance to the lessor yearly. And the said party of the second part further agrees to pay the party of the first part the rent as above specified, except when said premises are tmtenantable by reason of fire, from any other cause than carelessness of the party of the sec- ond part. of persons of his, her or their families or in his, her or their employ, or by superior force or inevitable neces- sity. Second party covenants that he, she or they will use said premises as a airplane hanger and for no other purpose whatever„ and that he, she or they especially will not let said premises or permit same to be used for any unlawful business or purpose whatsoever; that he, she or they will not sell, assign, underiel or relinquish said premises without the Terittee, consent of the lessor, under penalty of forfeiture of alt his, her or their rights under this lease, at the election of the party of the first part and that he, she or they will use all due care and diiigenee in gnardiug said property, with buildings, gates, fences, vines, shrubbery, etc., from damage by fire and the depredations of animals, will pay all under rent and charges for gas or electric light that shall become due thereon during this lease; that he, she or they will not permit any noise or nuisance whatever on said premises to the disturbance of other ten- ants or do or permit anything on or about said premises which will increase the rate of insurance; that the lessor and its agents may enter at any time to view same or for any necessary purposes. The lessee further agrees that he will in all respects comply with the city ordinance and requirements of the health authorities and particularly as to keeping said premises and the streets and alleys adjacent thereto, free and clear from all filth, refuse and obstruction and the steps and sidewalks free from snow and ice; that' he, she or they will keep the buildings, glass, gates, fences, etc., in good repair as the same now are or may be placed at any time by the lessor, or as often as the same may require it, damage by superior force, inevitable necessity or fire from any other cause than carelessness of the second party, or persons of his, her or their families, or in his, her or their employ, excepted, and at the expiration of this lease, or upon a breach by said second party of any of the covenants herein contained he, she or they will without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condition as reasonable use and natural wear and decay thereof will permit, damage by fire as aforesaid, superior force or inevitable necessity excepted. .4nd the said party of the second part hereby gives said party of the first part a Red upon any and all property of the said second party kept in use upon said premises, to be enforced in like manner as a chattel tnortgage, whether ex- empt from excretion or Sat, for all rent due or to become due by virtue if this lease. IN iVITNE.SS WHEREOF, the said parties have hereunto subscribed their names on the date above written. ATTEST: VERNA R. BULL, CIT CLERK EST: RICIIARU A. IIUNT, SECRETARY C1 OF B IR, N •BRAS ...9Y STANLEI JENS YOR (SEAL) . ...8.. R.. I, : .i N.S. G .. I'AIY.... (SEAL) BY .. • (SEAL) 1 111611 W• UNT, PRIESiDENT .(SE.9L); COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Blair Golf Club is desirous of obtaining electrical service from Omaha Public Power District, a public corporation, which would require installation of a power line over and across certain property owned by the City of Blair, Nebraska, and, WHEREAS, the City of Blair is willing to grant an easement for said purposes to Omaha Public Power District, a public corporation, and, WHEREAS, a copy of said proposed easement is 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, that said easement attached hereto marked Exhibit "A" isL herewith approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are herewith authorized to execute said easement on behalf of the City of Blair, Nebraska. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long UPON ROLL CALL, COUNCILMEMBERS Ryan, Long, Drbal, Jenny, Neef, Reyzlik, and Kuhr VOTING "AYE" AND COUNCIL - MEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY April , 1981. ATTEST: VERNA 6. B ULL,CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY RESOLUTION NO. 1981 -15 :ss: CITY OF BLAIR, NEBRASKA BY l� / Wo M. STA LEY JEN !'N MAYOR E Verna R. Bull, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council held on the 28th day of April , 1981. ��� n VERNA R. BULL O'HANLON & NELSON. ATTORNEYS. 1 569 WASHINGTON. BLAIR. NEBRASKA 68008 (402) 426 -9666 4/81 _ OPPO Form de. t -7S -1 Rir. S/Ro W; CITY OF BLAIR, NE of ue real estate described as follows, and hereafter referred to as "Grantor ". • Tax Lot Sixty (T.L. 60) in Section Twenty -seven (27), Township Nineteen (19) North, Range Eleven (11), East of the 6th P.M., Washington County, Nebraska. in consideration*? the sum of one Dollar (S1.00) and other valuable consideration, receipt of which Is hereby acknowledged, do hereby grant to the OMAHA Mlle POWER DISTRICT, a public corporation, Its successors and assigns, referred 1 as 'Grantee•, a permanent rignt of way easement to Installs operate, maintain. repair, replan, and renew 111 electrte facilitles owr, opoi, above, along, under, in and across 00 fos)owhig)e,erlbed real estate, to wilt 'A strip of land Sixteen feet (16') in width, the centerline thereof being described as follows: Beginning at a point Two Thousand Seven Hundred Sixty -one and Seventy - six hundredths feet (2761.76') North and One Thousand Thirty -six and Seventy -one hundredths (1,036.71') East of the South Quarter corner of said Section Twenty -seven (271, and assuming the West line of the Southeast Quarter (SE1 /4) of Section Twenty - seven (27) to bear North - South; thence S8 19' 37" E, a distance of One Thousand One Hundred Thirty -eight and Sixty -nine hundredths feet(1,138.69'); thence S14 41' 27 "E a distance of Three Hundred Fifty -six and Thirty -four hundredths feet (356.34'); thence S16 50' 15" E, a distance of a hree Hundred Forty -six and Ninety -five hundredths feet (346.95'); thence S23 14' 15" E, a distance of Three Hundred Eighty eight and Eighteen hundredths feet (388.18" to a point of termination lying Six Hundred one and Sixty -two hundredths feet (601.62') North and One Thousand Five Hundred Forty -five and Sixty -four hundredths feet (1,545.64') East of said South Quarter corner of said Section Twenty -seven (27). CONDITiONS: (a) Where Grantee's facilities are constructed Grantees shall have the right to operate, maintain, repair. replace and renew said faculties consist. In9 of poles, wires, cables, fixtures. guys and anchors and other instrumentalities within a strip of land as Indicated above, together with the right to trim or remove any trees along said line so as to provide a minimum clearance from the overhead fecllltie* of at least Twelve feet (12 (b) The Grantees shall have the right of Ingress and egress across the Grantor's property for any purpose hereinbefore granted. Such Ingress and egress shall be exercised In a reasonable manner. (0) Where Grantee's facilities have been Installed, no trees, permanent buildings or other structures shall be placed in or encroach the easement and no change Of grade elevation or any excavations shall be made therein without prior written approval of the Grantees, but the same way be used for landscaping or other purposes that do not then or later Interfere with the granted casement uses. (d) Where Grantee's factlltles are placed adjacent to Grantor's property iine, Grantor hereby grants the owner of sold adjacent property, or his . agent, reasonable access to Grantee's facilities. (e) it 1s further agreed that Grantor has lawful possession of said real estate, good. right and lawful authority to make such conveyance end that his/her its /their heirs, executors, administrators, successors and assigns shall warrant and defend the same and will Indemnify and hold harmless the District forever against the clams of ail persons whomsoever In any way asserting any right, title or interest prior to or contrary to this conveyance. IN WITNESS NNE Of. the parties hereto have signed their nags and caused the execution of this ln.trmsent this 28thuy or April , t9.$] - M. Stanley Jens4i, yor Verna R. Bull, City Clerk STATE of 11,ei1,14,cket., couorr or I ' ee�� � ag7(o �^r On this netrday f� r'I I • 19 d / before a the undersigned, a notary Public In and for said /1 0 ' 0 , 1 f� -p la''r . n V o of . Alp a9 4G 'personally to me known tole the entice' arsons w ho signed the foregoing Instrwne t.as grentorls) and who acknowledged the execution thereof to be /� f S voluntary act and deed fer the purpose therein expressed wltnals 'e Commission expire': • and _and Notarial Seal at c /a f above 0010 RIGHT -Of -WAY EASEMENT 1n NOTARY PUBLIC STATE Or COUNTY Of On this day of , before me the tan ors fined, a notary 000110 In and for sai Codnty aM State, personally appeared personally to me known to be the Identical persen(s) and who acknowledged the execution thereof to be voluntary aet and deed for the purpose therein expressed. Witness my hand and Notarial Seal the date above written. • lb Commission aaptres: EXHIBIT "A" Distribution auu*T P1011[ distillation Engineer Date l Lend Rights Ind Services Web Retarded In Nltc. Book xe. at peg: No. on the day of . 19 section 2/ Township 15 ‘ xerth, Range 11 East Salesman Fink Engt...rvi Est. PQORl N.O. I A225 ,Owner(s) LEGAL DESCRIPTION: A WHIP OF LAND 16 FEET IN WIDTH ACROSS THE Mt AND THE SW4.NO OF SECTION 27, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6th P.M, WASHINGTON COUNTY, NEBRASKA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2761.76 FEET NORTH AND 1036.71 FEET EAST OF THE SWTH CORNER OF SAID SECTIW 27, AND ASSUMING THE WEST LINE. OF THE SFi - OF SECTION 27 TO BEAR DUE NORTH —SWTH; THENCE S 8 ° 19'37 "E A DISTANCE OF 1138.69 FEET; THENCE S 14 °61'27 "E A DISTANCE OF 356.34 FEET; THENCE s 16 °5o'15'rE A DISTANCE OF 346.95 FEET; THENCE S 23 °14'15 "E A DISTANCE OF 388.18 FEET TO A POINT OF TERMINATION LYING 601.62 FEET NORTH AND 1545.64 FEET EAST OF SAID SWTH - CORNER OF SECTION 27. East 1036.71' Point of Beginning 114 See. Line i 4 of proposed 16' Easement d' N Z N Witness Corner *r Record 0.97' East of true lime N TAX LOT 62 In in r. woo, m ct ir — South 1/4 Corner, 27 -19 -11 TAX LOT 60 m Point of Termination L Scale 1".1.500' 1 STEWART SMITH a ASSOCIATES, INC, COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1983— 17 WHEREAS, a Lease has been presented to the Mayor and City Council of the City of Blair, Nebraska, providing for rental and lease of a portion of the lands located at the Blair Airport for the installation and maintenance of a buried tank and dispersing pump for aircraft fuel and; WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, deem the Lease attached hereto, marked Exhibit "A" and by this reference made a part hereof to be acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Lease attached hereto, marked Exhibit "A" is hereby accepted, ratified and adopted, and same is hereby approved binding the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby directed and authorized to execute said Lease entering into the Lease on behalf of the City of Blair, pursuant to Exhibit "A ". COUNCILMEMBER long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER yan . UPON ROLL CALL, COUNCILMEMBERS kyan, Long, Kuhr, Jenny, Reyzltk and Kuhie , VOTING "AYE". AND COUNCILMEMBERS D b41 4nd � 7 , VOTING f ING NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS nth DAY OF APRIL, 1983. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR. NEBRASKA BY M. STANLEY- JEI1S • WYMAN E. NELSON, Attorney at Law 1845 Front Street Stab, Nebraska 88008 14021 4284123 MAYOR LEASE This Lease made and entered into this 26th day of April, 1983, by and between the City of Blair, Nebraska, hereinafter referred to as the "Lessor ", and Telmans, Inc., hereinafter referred to as the "Lessee ", WITNESSETH: That the Lessor has this day leased to the Lessee necessary lands at the Blair Airport which is located in the Southeast Quarter of the Southwest Quarter in Section 27, Township 19 North, Range 11, East of the 6th P.M., Washington County, Nebraska, necessary for the installation and maintenance of a buried fuel tank and dispensing pump for aviation fuel, the exact location of said tank of pump to be determined with the approval of the Lessor and which said approval shall be signified in writing and attached to this Lease. This Lease commenci g withthe 1st b f day of May, 1983, and fifteen e terminating on the 31st day of April, 1998. In consideration for said Lease the Lessee hereby agrees to pay to the City of Blair two cents per .gallon for every gallon of aviation fuel dispensed through said buried tank and pump. Said rental shall be paid monthly commencing on the 1st day of June, 1983, and continuing thereafter on the 1st day of each month thereafter until termination of this Lease. Said rental fee shall be due and payable on or before the 15th day of the month following the month of usage. Said Lessor reserves, however, in its exclusive right and discretion to adjust said per gallon rental fee at thirty (30) month intervals from the date of this Lease. In the event the Lessor elects to exercise its option to increase said per gallon amount, the Lessor shall notify the Lessee in writing not less than thirty (30) days prior to the adjustment. The Lessee hereby covenants and agrees that it shall maintain an adequate supply of fuel at all times and that it will take necessary precaution and make necessary efforts to insure that an adequate supply of fuel is constantly maintained in said tank. Said Lessee further hereby agrees to notify the Lessor of fuel shortages or outages that have been experienced by anyone attempting to obtain fuel from it. Said Lessee further hereby covenants and agrees that it will maintain all of the equipment, including but not limited to the dispensing pump, in good working order and will further take necessary steps and perform necessary maintenance to insure that said equipment will be in proper working order at all times. Lessee further hereby agrees to notify the Lessor of all instances during which said equipment has been out of order for more than eight (8) hours and during which fuel was requested by a customer but was unavailable. The Lessee hereby further agrees that it will maintain an area up to and including ten (10) feet from the dispensing pump including EXHIBIT "A" but not limited to snow removal from that area. The Lessee shall submit on a monthly basis at the same time that the rental fee is paid to the City a monthly report which shall be on forms as prescribed by the Lessor: Said monthly report shall include an accounting as to the number of gallons dispensed through said tank and dispensing pump and the calculation of the rental fee due, a report of all fuel outages during the previous month and failure of equipment required to be reported to the Lessor as required hereinabove. The Lessee further hereby covenants and agrees that it will not place any equipment on the premises without the prior written approval from the Lessor. It is specifically understood and agreed by and between the parties that the Lessor shall have the absolute right to limit the number of pumps and their placement or the placement and number of any other items of equipment which may be requested to be placed on the premises by the Lessee. Any new concrete or asphalt required by the installation of said equipment shall be constructed and paid for by the Lessee. The Lessee further hereby covenants and agrees that it will abide by all F.A.A., State of Nebraska and City of Blair regulations governing and controlling the dispensing of fuel and the maintenance of such equipment. Lessee further warrants and agrees that it will at all times maintain the tank on the premises in an underground placement and that all pipes and wires leading to or from the tank and dispensing pump will be buried. • The Lessee further hereby covenants and agrees that it will maintain adequate notice at the Blair Airport as to the method by which individuals can obtain aircraft fuel. That notice shall contain specifically a telephone number which they may call to obtain service to purchase the fuel. The Lessee further hereby agrees to provide to the Lessor an annual accounting of the fuel usage for determination and calculation of the correct per gallon fee for the prior year. Such accounting shall be on a fiscal year basis from July 31 to August 1 of each year and shall be deliver'H and provided to the Lessor not later than August 15 of each year during the term of this Lease. It is further agreed by and between the parties that the Lessor shall have the right to audit the books of the Lessee to determine the correct fuel usage. In the event that it is determined that the fee paid to the Lessor is three percent (3 %) or more less than what the actual fee should have been, the cost of such accounting shall be born and paid by the Lessee. The Lessee further hereby covenants and agrees that it shall not assign or sublease or in any other way transfer its rights under this Lease at any time during the term of this Lease without approval of the City Council in its sole and 'absolute discretion. The Lessee further hereby covenants and agrees to maintain liability insurance for the protection of the Lessor with a maximum policy limit of not less than Five Hundred Thousand Dollars ($500,000.00). The Lessee hereby further agrees to provide on an annual basis a certificate evidencing insurance and said certificate shall be provided to the City on or, before March 1st of each year during the term of this Lease. The Lessee further hereby agrees to indemnify and save harmless the Lessor from any claims, damages, liabilities, injuries, or obligations in any other form arising from or connected with the placement of said tank and dispensing pump and the operation thereof including court costs and attorney fees, if any. It is specifically understood and agreed that this indemnification and save harmless provision, shall be unlimited and shall not be limited to the amount of the insurance as required hereby. The Lessee further hereby covenants and agrees that it shall promptly pay before any delinquencies occur, any taxes assessed on the equipment or any other taxes assessed on the operation of such equipment. The Lessee further hereby agrees that it will in no way encumber or allow any encumbrances to be placed upon the property of the Lessor as a result of either the placement of said buried fuel tank and dispersing pump or the operation thereof. It is further hereby agreed by and between the parties that in the event the Lessor deems the operation of said dispersing pump or any activities connected therewith are unsafe, endanger the general public, or constitute a liability threat, the Lessor in its sole and absolute discretion may require the Lessee to discontinue its operation. In the event said Lessor deems the operation of said dispersing pump or any other activities connected therewith to be unsafe, said Lessor shall forthwith send notice to the Lessee of such condition and said Lessee shall correct such dangerous condition or discontinue such dangerous activity within ten (10) days of receipt of said notice or the Lessor, in its sole and absolute discretion, may declare this Lease breached and terminate. this Lease immediately. It is hereby further agreed by and between the parties hereto that upon termination of this Lease any and all property which has been installed or placed by the Lessee on the premises shall become the sole and absolute property of the Lessor and the Lessee shall not be entitled to remove any.,pf such property from the premises. It is further specifically agreed by and between the parties that if any said rental amounts due hereunder are unpaid or if the Lessee shall in any other way breach or be in default of any of the covenants or agreements contained herein, said Lessor shall have the right to declare this Lease terminated and said Lessor may re -enter the premises. Said Lessee shall be entitled to correct or remedy said breach within ten (10) days following notice by the Lessor to the Lessee of the breach and termination of the Lease. Said Lessee further hereby agrees in the event of breach or default of any of the terms or conditions of this Lease to immediately and peacefully vacate the premises without notice and in the event it becomes necessary for the Lessor to bring any action to recover possession of the premise or enforce any of the terms or conditions of this Lease, the Lessee shall be liable for and shall pay all costs connected therewith including but not limitied to court costs, reasonable attorney's fees, and any other reasonable costs associated with the re -entry of the premises. It is agreed by and between the parties that time is of the essence in the performance of all duties and obligations of the Lessee pursuant to this Lease. It is further agreed by and between the parties that a waiver by the Lessor of any term or condition of this Lease shall not constitute a waiver of any other provision of this Lease and shall further not constitute a continuing waiver of the specific provision. It is further agreed that all of the terms and conditions of this Lease are severable and a determination that any of the provisions herein are void shall not be a determination as to any other provisions herein. This Lease executed at Blair, Nebraska, shall be binding upon the heirs, executors, personal representatives, beneficiaries and assigns of all parties hereto. ATTEST: CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY OF BLAIR TELMANS, INC. BY G, � AI"' DULY AUTHORIZED OFFICE On this (,-K'\ day of � 1983, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came ,. Stagley J se , Mayor of the City of Blair, Nebraska, and / `' /1.44 , duly authorized officer of Telmans, Inc., to me known to be the GENERAL NOTARY•SD% of Nebo RHONDA R. RASMUSSEN Comm My Exp. Deo. 7, I985 ,• 'identical persons whose names are affixed to the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year first above written. COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1983— 24 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with an assignment for the transfer of a lease previously granted to Telmans, Inc., for an underground buried tank and dispensing pump at the Blair Airport and; WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, approve of said assignment; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that said assignment from Telmans, Inc., to Blairport Service, Inc., a Nebraska Corporation is hereby approved. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute any acceptance of said assignment necessary for the transfer thereof. This resolution shall be in full force and effect from and after its adoption. COUNCILMEMBER Reyzllk MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kuhr UPON ROLL CALL, COUNCILMEMBERS Ryan, Keyzi1K, Runr, mime, Jenny and Long VOTING "AYE" AND COUNCILMEMBERS NPef and U ba,l THE FOREGOING RESOLUTION PASSED V AND N APPROVED THIS MAY 14th DECLARED JUNE, 1983. ATTEST: VER A (SEAL) LL, CITY CLERK CITY OO BLAIR, NEBRASKA BY , / � • � Q.fi��i,4ffit. MAYOR U U WYMAN E. NELSON, Attorney at Law 1645 frost Street BMW, Nebraska 68008 (402) 4284123 C� December 11, 1985 Nebraska Department of Aeronautics Attn: Mr. Henry W. Wulf P. 0. Box 82088 Lincoln, Nebraska 68501 -2088 Dear Mr. Wulf, Enclosed is an executed copy of the "Runway Light Replacement Agreement" along with the cost estimate and lighting plan for our Blair Airport per your letter of November 13, 1985. The City Council acted on this agreement as their meeting held December 10, 1985. They acknowledge that part of the agreement stipulating the creation of an Airport Zoning Board and development of Height Restriction Zoning. I have a copy of the Orange Booklet and Zoning Map that you sent me in June 1985 for guidance in developing the Height Restriction Zoning Regulations. I will be approaching both the City Council and Washington County Board of Supervisors for the appointment of members to the Zoning Board. We would appreciate any guidance you can provide us with regard to the approach in developing Zoning Regulations, i. e. What the cost might be, Is this something that requires the hiring of a consultant, etc. We will look forward to hearing from you on both the application for assistance of lighting funds and also guidance on the development of Zoning Regs. Sincerely, / . 1 t j eav(�'• Bullock �, U g s City Administrator DEB /ad Enclosures City of Blair Douglas E. Bullock City Administrator 218 South 16th Blair, Nebraska 68008 402-426-4191 Blair ... A promise of quality, By This agreement is made and entered into on the date noted below between the Nebraska Department of Aeronautics and the Municipality. This agreement is for the purpose of accountability of materials and equipment installed under the Department's Airport Lighting Program. Attached to this document and to be considered as a part thereof is an Exhibit A, identi- fying the materials and equipment utilized during construction. The Municipality shall consider the following items as conditions of this agreement: 1) The area for three miles from the airport property line shall be zoned in accordance to Sections 3 -301 thru 3 -333 of the statutes, and such regulations should be updated subsequent to 1974. 2) The lighting system or systems, including beacon, lighted wind cone, runway (landing strip) lights, taxiway lights and /or obstruction lights shall be operated continuously from sunset to sunrise. The lights shall be controlled by a time switch or electric eye (photo cell). In cases where the secondary runway or landing strip is also lighted the lights need only be operated when wind conditions or other circumstances dictate. 3) The plans and specifications for the systems will be prepared by the Department, and the installation of the equipment and materials shall be subject to the sup- ervision and inspection of the Department. 4) The Municipality shall provide at its costs, all labor, material and equipment required to complete the installation, to maintain, and to continuously operate the system or systems. 5) The Municipality shall operate and maintain the entire airport in a safe manner, free of obstructions or hazards, and free of unsightly or unsanitary conditions. 6) The Municipality agrees to operate the lighting system through its "useful life ", and to return all materials to the Department's warehouse, if the operation of the systems is d'-.continued by the Municipality. 7) The Municipality agrees that in the event of damage to, destruction of, or loss of any of the lighting equipment, that it will replace such equipment and pay all costs. Execution of this document by the Municipality shall constitute an agreement with the effec- tive date of the signature of the Municipality... DEPARTMENT OF AERONAUTICS //, , Verna R. Bull,'CMC City Clerk I II ■lul,.ild1l III J., I AIRPORT LIGHTING AGREEMENT NEBRASKA DEPARTMENT OF AERONAUTICS CITY OF BLAIR, NEBRASKA Municipality Date M. Stanley J4 s e , Mayor December 10, 1985 AIRPORT LIGHTING PROGRAM ' On March 19, 1982 the Nebraska Aeronautics Commission approved.a new program for use by Nebraska airport Sponsors identified as Airport Lighting Program. This program has been developed to reduce the actual project expense required to install a low intensity lighting system on municipal airports. The program is basically a project of near exchange of services and material costs for a new or replacement system as follows: 1. NDA would furnish -- no cost to sponsor: a) Light fixtures - runway, taxiway & obstruction. b) Cable - 3 wires for above circuits, plus beacon and wind cone. c) Rotating beacon, except tower, platform, mounting bracket and elec. d) Lighted wind cone assembly, except pole. e) Time clock or electric eye. f) Installation plans, staking, supervision and beacon adjustment. 2. Sponsor would furnish -- no cost to NDA: a) Trenching - 36 "+ depth. b) Backfilling of trench. c) Duct -rigid - under existing and future paved surfaces. d) Duct - plastic - all underground circuits. e) Connectors - tape - switches & other miscellaneous electrical items. f) Beacon tower, installed, including platform, mounting bracket and elec. conduit. g) Wind cone support - pole only - installed. h) Obstruction lights - poles only - installed. i) Labor - installation of cable, ducts, light fixtures, connections and clean up. Should an Airport Sponsor wish to participate in this program, please contact the Department with your intended improvement, so that the particulars for each airport project can be developed. 3/19/82 DETAIL COST ESTIMATE BLAIR MUNICIPAL AIRPORT FOR RUNWAY LIGHTING SYSTEM November 12, 1985 A. Proposed Lighting Equipment & Services Furnished by NDA: 1. 24 ea clear Manairco runway light units - complete /65.00 $ 1,590.00 2. 12 ea red /green Manairco Threshold light units Comp /77.00 924.00 3. 12 ea blue Manairco Taxiway light units - complete /67.00 804.00 4. 2400 lin.ft. 1/c #8 cable (feeder 2400') - .20 480.00 5. 12,400 lin.ft. 1/c #10 cable - .15 1,860.00 6. 7000 lin.ft. 1/c #12 cable (green neutral)- .12 840.00 7. 1 ea photo cell (if required) 150.00 Furnished by City: 1. 7000 lin.ft. 1" or 1 -1/2" plastic duct - .40 2. 7000 lin.ft. trenching & backfill - 1.00 3. 1 lot cable connectors, tape, panel boxes, etc.- Lump Sum City Cost = NDA Cost = $ 6,648.00 B:. Proposed:Labor'& Equipment 11,y*NDA .1. One Supervisor, truck & transporting of electrical equipment, meals & room'and plans and engineering 'By*City 1. One electrician, three laborers, 1- trencher, 1- tractor w /blade and 1- pickup. 2,800.00 7,000.00 500.00 $ 10,300.00 Douglas E. Bullock City Administrator City of Blair P.O. Box 448 Blair, Nebraska 68008 Subject: Blair Municipal Airport Blair, Nebraska Surplus Lighting Program Dear Mr. Bullock: Enclosed herewith please find one copy of the Airport Lighting Agreement, fully executed by the Director. Also attached please find the final Detail Cost Estimate and an As- Built Drawing. The Airport Lighting Agreement presently in your files has not been executed by the director and the enclosed agreement is the City's record copy. The City is reminded to make weekly inspections of the cable trench and vicinity for evidence of gophers or other burrowing animals. To neglect in this inspection this spring will only invite trouble as gophers are looking for soft digging, such as cable trenches, in search of roots and for starting new colonies. Should you have any questions on upkeep or maintenance we would prefer you call on Bob Lammers at Kearney, Nebraska (308) 234 -8696, or you may call this office. Sincerely, DEPARTMENT OF AERONAUTICS Henry W. State Air w. if rt STATE OF NEBRASKA ROMIJ(XXRX)QKk7UtR t• GOVERNOR • XXXMIXXXXXXX)QJ(JXXx • DIRECTOR KAY A. ORR BILLIE N. FROST P.E. Engineer JRL /tk Enclosure Ce: ,3e6 Z:10 DEPARTMENT OF AERONAUTICS MAIN OFFICE: NAV-AIDS OFFICE: General Aviation Building Kearney Municipal Airport Lincoln Municipal Airport P.O. Box 397 P.O. Box 82088 Kearney, Nebraska 68847 Lincoln, Nebraska 68501 -2088 (308) 234-8696 (402) 471 -2371 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER January 21, 1987 3) DE MENT OF AERONAUTICS \ AIRPORT LIGHTING AGREEMENT NEBRASKA DEPARTMENT OF AERONAUTICS 4'1 ^ 3 � ' This agreement is made and entered into on the date noted below between the Nebraska Department of Aeronautics and the Municipality. This agreement is for the purpose of accountability of materials and equipment installed under the Department's Airport Lighting Program. Attached to this document and to be considered as a part thereof is an Exhibit A, identi- fying the materials and equipment utilized during construction. The Municipality shall consider the following items as cond- itions of this. agreement: 1) The area for three miles from the airport property line shall be zoned in accordance to Sections 3 -301 thru 3 -333 of the statutes, and such regulations should be updated subsequent to 1974. 2) The lighting system or systems, including beacon, lighted wind cone, runway (landing strip) lights, taxiway lights and /or obstruction lights shall be operated continuously from sunset to sunrise. The lights shall be controlled by a time switch or electric eye (photo cell). In cases where the secondary runway or landing strip is also lighted the lights need only be operated when wind conditions or other circumstances dictate. The plans and specifications for the systems will be prepared by the Department, and the installation of the equipment and materials shall be subject to the sup- ervision and inspection of the Department. 4) The Municipality shall provide at its costs, all labor, required to complete the installation, to maintain, and the system or systems. 5) The Municipality shall operate and maintain the entire free of obstructions or hazards, and free of unsightly material and equipment to continuously operate airport in a safe manner, or unsanitary conditions. 6) The Municipality agrees to operate the lighting system through its "useful life ", and to return all materials to the Department's warehouse, if the operation of the systems is d'scontinued by the Municipality. 7) The Municipality agrees that in the event of damage to, destruction of, or loss of any of the lighting equipment, that it will replace such equipment and pay all costs. Execution of this document by the Municipality shall constitute an agreement with the effec- tive date of the signature of the Municipality. CITY OF BLAIR, NEBRASKA Municipality ` Z By • I� / eL - PIA/ Verna R. Bull, CMC City Clerk M. Stanley J se , Mayor Date December 10, 19 85 B:. DETAIL COST ESTIMATE BLAIR MUNICIPAL AIRPORT FOR RUNWAY LIGHTING SYSTEM November 12, 1985 A. Proposed Lighting Equipment & Services Furnished by NDA: 1. 24 ea clear Manairco runway light units - complete /65.00 2. 12 ea red /green Manairco Threshold light units - Comp /77.00 3. /4.12 blue Manairco Taxiway light units - complete /67.00 OG /C fed,1r- • - • 0 ccdc, 'IC 24, 9 "Offerlito0 1 in.ft. 1/c #10 cable - .15 ;to. e k 0 ctq y I'4/ �" ti .F .-7-G00 1/c #12 cable )- ' (green neutral)- c4 , e1 1 ea photo cell (if required) vee 'L % #I. /7 / ° /o cde, - # at) NDA Cost = Furnished by City: 1. 7000 lin.ft. 1" or 1 -1/2" plastic duct - .40 2. 7000 lin.ft. trenching & backfill - 1.00 3. 1 lot cable connectors, tape, panel boxes, etc.- Lump Sum $ EguMAitY Gee•eo /VOW Cesr' o p/ZZ.o a City Cost = 'Proposed Labor & Equipment 'ay'NDA 1. One. Supervisor, truck & transporting of electrical equipment, meals & room'and plans. and engineering B.y C i ty 1. One electrician, three laborers, 1- trencher, 1- tractor w /blade and 1- pickup. - Ora/ evy/oott( 9(S 1 !7.%, eo.4 Toy 7<d C % . ‹.4eo6de o4 i0-36-Z .ordl;4 • e .r is 44 y 1445/. / $ 1,590.00 924.00 0 93®.60 . s x=99. Go' m a 41 31..v.o° 150.00 2,800.00 7,000.00 500.00 $ 10,300.00 Ow, COUNCILMEMBER Drbal INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1986— 21 WHEREAS, the Nebraska Department of Aeronautics has required that the municipality enter into an agreement with the Blair Golf Club governing the understanding and use of the airport facilities in conjunction with the golf course; and, WHEREAS, a copy of the proposed agreement is attached hereto, marked Exhibit "A ", and by this reference made a part hereof, and that the terms and conditions thereof are agreeable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the municipality enter into the agreement attached hereto, marked Exhibit "A ", and the same is hereby adopted and ratified by the City. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk of the municipality are hereby authorized and directed to execute same an behalf of the City of Blair. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Drbal UPON ROLL CALL COUNCILMEMBERS ureai, Long, vincon, Reyzi'ik, Kuhr, Jenny and CALL, VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22nd 'DAY OF APRIL, 1986. ATTEST: (4'A VERNA R. BULL, CI Y CL ERK (SEAL) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSE -7- AGREEMENT This Agreement entered into this 22nd day of April, 1986, by and between the City of Blair, a Nebraska Municipal Corporation, hereinafter referred to as "City ", and the Blair Golf Club, hereinafter referred to as "Club ". WHEREAS, the municipal airport owned and operated by the • City is adjacent to the golf course maintained and operated by the Club; and, WHEREAS, it is necessary to agree concerning operations of the Golf Club which are adjacent to the obstruction free zone of the airport; and, WHEREAS,• all parties hereto acknowledge and agree that all right of way in conflicts between the operation of the Golf Club and the use of the airport by aircraft shall be granted to such aircraft; and, WHEREAS, the parties further hereby acknowledge and agree that the control and safety of aircraft at the time it is landing and taking off is of an extreme critical nature. NOW, THEREFORE, IT IS AGREED by and between the parties that the Club will take the necessary steps to advise its members and obtain their cooperation in conduct and operation so as not to obstruct or interfere with the obstruction free zone. IT IS FURTHER AGREED by and between the parties that the Club will not construct any structures within or interfere with the airport operation and safety areas. The Club hereby further agrees to encourage and obtain the cooperation of its members in avoiding the runway and avoiding entering upon or using the runway in any way so as to 1 ' obstruct or interfere with any aircraft•which may be using the airport facilities. The Club further hereby agrees that it will provide for appropriate penalties and sanctions against members who interfere with the obstruction free zone and further against those who fail to respect the right of way or aircraft and to yield right of way to aircraft using the airport facility. The Club further hereby agrees to post notice applicable to the restrictions agreed to herein. This Agreement shall be binding upon the successors assigns of all parties hereto. CITY OF BLAIR,.A NEBRASKA MUNICIPAL CORPORATION Y M. STANLEY JE ATTEST: MAYOR VERNA, ,BULL;,_ //1 CERK (SEAL} BLAIR GOLF. CLUB BY / , �� � %K� At 1IS— ULY AUTHORIZED AGENT and $ 50 $ 1,000 $ 5,000 $ 10,000 $ 20,000 $ 50,000 $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 License Fee.- Master Plumber Plumbing. Permit Fees Rough and Final Sewer Residential Sewer Commercial Septic Tank Water Supply Water Treatment License Fee - Master Heating RESOLUTION N0.1993 -23 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council may by resolution from time to time as necessary set and establish fees for various applications, permits, and licenses; and, WHEREAS, it is necessary to increase various fees to cover filing, publication, recording, and administration costs. NOW, THEREFORE, BE IT RESOLVED BY'THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the following fees are hereby set and established and shall be appended to the Municipal Code. License Fee - General Contractor $ 25.00 Permit Fees Less than $50.00 to $ 999 $ 5.00 to $ 4,999 15.00 to $ 9,999 30.00 to $ 19,999 40.00 to $ 49,999 60.00 to $ 99,999 100.00 to $ 199,999 200.00 to $ 299,999 300.00 to $ 399,999 400.00 to $ 499,999 500.00 or greater 500.00 plus $1.00 for each additional $1,000.00 or fraction thereof No Fee 25.00 $ 18.00 $ 10.00 $ 25.00 $ 10.00 $ 10.00 $ 5.00 25.00 Heating Permit Fees Rough and Final Inspections Air Conditioning License Fee - Electrician Electric Permit Fees Rough and Final Inspections Miscellaneous Permit Fees Building Moving Demolishing Building Curb Cut $3.00 per ft. deposit Cut Pavement Sign Erecting License Fee - Tree Trimmer $ 25.00 Tree Cutting Permit Subdivision Application Application Fees $ 12.00 $ 10.00 $ 25.00 $ 12.00 $ 15.00 15.00 5.00 5.00 10.00 6.00 25.00 plus $1.50 for each lot Special Use Permit, New $ 55.00 Special Use Permit, Renewal 35.00 Variance Application 55.00 Lot Split Application 65.00 Preliminary Plat 100.00 plus $1.50 for each lot Final Plat 15.00 plus $1.50 for each lot Replat 15.00 plus $1.50 for each lot Nonconforming Use, Limited Extension 55.00 Rezoning or Zoning Ordinance Amendments 55.00 BE IT FURTHER RESOLVED the fees as specified and set forth herein shall become effective upon the adoption and publication of this resolution as provided by law. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Kros, Mines, Shotwell, Realph and Ryan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27th DAY OF JULY, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) CITY BLAIR, NEBRASKA BY J ME JENNY, MA ! we' 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 27th day of July, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 24 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, gasohol is an environmentally friendly fuel reduc- ing pollution to the atmosphere and environment; and, WHEREAS, gasohol utilizes ethanol which can be derived from corn which is a renewable source produced within the local area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, all allowable municipal gasoline engines shall be fueled exclusively with gasohol where possible. COUNCILMEMBER M;lap,c MOVED THAT THE RESOLUTION BE ADOPTED READ, WHICH SAID MOTION WAS SECONDED Q N BY COUNCILMEMBER MIM t'; - ay, icros, Lonz�, Mines,d Real RyaIi ana ,hotwe.L1B E R S VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS nth DAY OF AUGUST, 1993. ATTEST: ALICE I.. DIEDRICHSEN, CITY CLERK (SEAL) - STATE OF NEBRASKA WASHINGTON COUNTY )ss CITY.O. BLAIR, NEBRASKA BY J OME JENNY, 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 August, 1993. 6k; ALICE I. DIEDRICHSEN, CITY CLERK 0eje eeoneg c ,„ 4 „,..<1 • •• •, i i @� s CITY OF 'i A A . pIgDRICHSEN, CITY CLERK 0 FIRST CLASS •: �•` Igike NEBRASKA RESOLUTION NO. 1993- 25 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk are hereby authorized to execute any and all necessary forms, documents, and instruments for a preapplication for an Economic Development Administration Grant for improvements to the Municipal Water Treatment Plant and water distribution system. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, I Kros, Long, Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th WASHINGTON COUNTY )ss DAY OF AUGUST, 1993. CIT :' BLAIR, NEB KA /ate J - - 'ME JENNY, 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 passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 10th day of August, 1993. ALICE I. DIEDRICHSEN, CITY CLERK aurnm the City ,tit�:e. of publ` c earin oposed budget stateme L yearn :.b ginning Augus published, 'n Tie Enterprise, ..f.. Blair, o August 1 a .d bud HE_REA n t' 'o u h ogee LUtION , herenabov+ proper ty: oDucED`;' OP BUT NEBRAS -v ei`t - (V venue* :: :'i pub.l e xn BB IT 'FHRTH R RRSQLVEg BY THE MAYOR .AND CITY CO CII OE .. THE CITY ©F °BLI3TR, - NEBRASKA, that said budget statement : is hereby approvre as .`prese, ted . an4 the Same is 'hereby - adopted as: the ; f cial bud, ge.t of the C ty :of B'lasr for' the .fiscal =year .begin ea a8 August 1993, and .ending .Tiny . , 1994 B T PURTEER'RESOLVED that _an esta:mate of the probable money ne eSaari for all purposes to be raised in said City during the fiscal. year, b eginning August ,, 1495', and ending July 31, 1994, for which ``appt~opriatj;on is to be made, shall be as follows FUND?:", , SOU,RCES_ ES Aw AD ` VALOREM+d ,EST . G ene ral ,. Fund E y, 13 � i . 00 .$ 1-10',516- Delinqu ` Tax A1lowara0e -0 _ $ 29, 585`.00 Debt_ Service $ 7.321,9914.00 29',213 04_, Str - i96, 033.00 0 7" - ,. , . La ndfill $ 729, 203.00 •-0- W ater $3,501,932 .0.0.' b lnsurainc'e $ 255,862.00 - S ewer r '$; 347, 582.00 ': 0r-^ _ Wate lo=ad $: 746,70:6 0.0< 0;- Cap : t Ou - l - , Res : ;. _ ` 75,002.Q0 - 70 MIRP $.,, 28,454 00 0 Ecs.ri. Darr (- LBB40) $ 1,053,500,4O, AND CBE ;IT ''FURTHER RESOLVED teat. the Cit -y Clerk 2s di -• • - r ..t.o etn ter - this :'< at large,. upon the minutes, and cause the same to be published in The Pilot - Tribune, a. 'general';, newspaper of genie ral + ,ir culation in said City,, and that copies , s� fie • bidet s.`ha3`1.,.be place ,:on fi.l` xd_ tha fiaeo C =he< City. Clerk for e%miiat3 cis : aril use of the COUN_CILMEMER inns MOVED THAT THE RES0LUT10i ADOPTED ` 'READ, „W tICH ' SAID MOTXON• "WAS SECONDED `BY: t Ci- iJNCILNEMEER i ds UPON' •Tt'0LL GALL COWIOILMEMBERS • Abbott, Fay, Long, '+lane ;, it � . Ryan VOTING • '!:AVE" AND -. COUNCILNEMBERS i t 33 1 _ VOTING " NAY ",. THE 'MAYOR- 'DECLARED .,THE F0,RECQ,fNC RESOLUTION PASSED AND ADOPTED TUTS ::24th` `DAY 'OP Aua ist , _ 1.993. ALICE . ;i . r ' E13►I.HNt, " CITY CLERK (SEAF STAT-E OF NEBR ASKA WASHINGToN"m.CWATT: ) .passed at s''.special meeting of the May the 24th a of August , 1993. ALICE I. DIEDRICHSEN, heresy .certifien my appointed, qualified and a "+ ting City Clerk i f the C .ai" Nebra *ks, aad that the above _ and foregoing R+ o tz n }- - - Rt,sol, X 0 NV -. '' OUNCILMBMBER R.rgs - INTROD1TC D TIY-'E FOLLOWIN RESOLUTXON: S ECTION 1. The TMayor and, Council hereby:''fi and:- eter et That improvements .made in Paving ; District .fie. 3'49 an Ater Entension District To,. 2 hrav been cas<il1et ed and non ':of regsrtg.: d de,er • b d ri the p r tspc sed assessment - ch.e ul s amaged :there rye.; the schedules ; s.hc wn ,an 'said schedules as changed :, chedujes as change; against each of the ate provided by;: xa . o n.ot. ,'exceed :o.ta. a roposed assessnea a br a ad. Lmprovements, as Changed' as heretof - =prb�► ,de+ , ° are cot ec st atements of pecia : benefit's arisinE by reason of said im pzov e m i n ts , g th lots . end parcels of ' ground In said P hi _ trio o 149 a:a d Later Ezt;e nsa.qtn �ii:strict -No, 25 have. been'- specifically be nefited . by said impr -- :n the amount's A as and the amounts shown on said the spec benefits to said lots and parcels of - -- in round b�' reason ':ef the 'improvements �:n sai ving District No 1{49 and ! ater Extension District NO. 25. CTION There shall b .'.and ; there.:` a're hereby levied par zel's of ' rc set i i the at tached schedules the jamounts set out opposite said lots and p arcels of ground in' said schedules, which schedules will be . cor] ?ecte.d to reflect any .changes "heretofore made by t'&e. Board of Eq." .sza a.on. Saud assesements shall ,become due fifty (50) days after the d to of P ssage of this Resolution levying special essessm ntsi and may be paid with`i.n said time without interest, any 'instalment not paid `by 'sai.d data shall draw interest at the _,' rate of 6.5 ;;per annum fr: m and after th date of ,passage of this Resolution, and from and after date of d elieiluei ty at the al►ges Sh # a' J Sep tember 14 �p /.1O t93 : 1 /30 ty' {� one ye from "; r c "4t1 i.4, � + . from d hereo / lOt tree ; dear ° from :dat r hereo • I / lOt ,:� four ►,ea from � .lOt e ars:;rdia te hr'o /lOt� s s�c years c :1 /4,0; e evea e ro da her 1/IDth :- ei g ht ye a rs fr om dat hereof 1 /l name y earsF li* date he.reof SEC TION 3, Ail:` sa .d ass me 1 , -be s COUNCILMEMEER a MOVED'. THAT . TES RES OLUTION , -. ADOPTED AS 1RE D t iileH SAID M OTI , ON : WAS:''S BY COUATCILME MB_ER Ryan F ` , POM R.OLL'- OALL, COUNCILLN EM E11S Fa Realpi ; Ryan, S&otwell, , Mines., ttras . 'Orin "WY-F,', , #i OUNCI;LMEMBERS ; ` a V OTING "NAY ", THE MAYOR DE LARED HE P #H 'EGOIi RESOLUTION PA .: AHD 1 .DOPTED THIS DAY OF SEPTEMBER, 1 9S.`.- 1 $?AT B, t 199 nr HSEM, CITY CLERK } tDIBDRICHSBN, her uali e d, and. acting City. Clerk 'Nebraska,- aD4 that the above as t- rtgo pasa 'and adopted regular City held t.n the • OWNER Joseph J. 'oral, and Kimberly K. Foral Donald P. A. Grace, Nielsen Donald P. Grace, Jackie A. Grace, and James G. Nielsen Roger E. Howland, and Linda S'. Howland Donald P. Grape, Jackie A. Grace, and James G. Nielsen Mark Lippincott, and Kriati Lippincott Donald P. Grace, Jackie A. Grace, and James G. Nielsen Donald P. Grace, Jackie A. Grace, and James C. Nielsen Donald P. Grace, Jackie A. Gr4ce, and James G. Nielsen Ricky A. Buxcel and Barbara L. Buxcel bonald P. Grace, Jackie A. Grace, and James G.. Nielsen TOTAL ASSESSMENTS ASSESSMENT SCHEDULE STREET IMPROVEMENT DISTRICT NO. 149 PINEWOOD ESTATES AN ADDITION TO THE CITY OF BLAIR, NEBRASKA LEGAL DESCRIPTION Lot 1, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Grace, Jackie Lot 2, Pinewood Estates • and James G. Addition to the City of Blair, Washington County, Nebraska. Lot 3, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Lot 4, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Lot 5, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Lot 6, Pinewood Estates Addition to the City of . Blair, Washington County, Nebraska. Lot 7, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. • Lot 8,r'Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Lot 9, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Lot 10, Pinewood Estates Addition to the City of Blair, Washington•County, .Nebraska. Lot 11, Pinewood Estates Addition to the City of Blair, Washington County, Nebraska. Street Impr 149 AMOUIft 6,421.03 6,421.03 6,421.03 570,631.33 Water Dist 25 AMOUNT 757.32 757.32 TOTAL 7178.35 7178.35 6,421.03 757.32 7178.35 6,421.03 757.32 7178.35 6,421.03 757.31 7178.34 6,421.03 757.32 7178.35 6,421.03 757.32 7178.35 6,421.03 757.32 7178.35 6,421.03 757.31 7178.34 6,421.03 757.32 7178.35 757.32 7178.35 $8330.50 , .78961.83 COUNCILMEMBEE RESOLUTION NO,. BE :I 'RESOLV.ED : l Y '1 HE MAYOR AND.`CXTY :COUJNCZL =O1 THE CITY',.OP BLAIR, °NEBRAS &A. , t he "Mayor are ereba a a d City Clerk ' hy authorized - r and d r.ected:- to execute ;iny 'and ali neap s'sa.ry . fortes- ,_. or ;,other dociumenta to make application to _the ,Nabraalca',.Department - off: Economical Development for a community development b:lock grant in• an amoui t not to exc eed; - 1Pive Hundred vy , o it d liaalara OS;QG1O O) te the - purpose of upgrad . r • uniaa:pa Wat er :treatmer ion sYsl:e CQUNCI1,NE MBE'R THE ItESOLUTTON; . BE ADOFTED AS READ,, "WH,ICH : SAID MOTION W; a .SECONDED El. COUNCIL"MEMBER Fay ._' U.Poi _RoL;G' GALL., . o� NCIL,MEME RS Eat, Realph, Ryan, Shotwei , Lgne Mimes krae VOTING 'SAYE" , AND cousexINEmsERS „ None VOTING "NAY ", THE MAYO12• DECL,ARE'B: THE L?OREGOING- REBOLUTION .,PASSED,' AND ADOPTED `: THIS l4i'th DAY Off+ $eptembet,,1993, ATTLS'Ik , L.T'CE' I ._. DIEURICHS] ti p pp SS BRASItk. W,AS.INGTON, + ! ,UN• a ` CLER ALICE , DIEDRICHSEN, hereb. appointed, ,:qualified, and ` actL ng. Nebraska, and that 'the .a hove. °and' TRODUCEiD THE OLLOVIN RESOLUTI CITY OP BEAU E ,. ME :JENNY, expanding w riter ,d istribu-:; BIA A cer ;ifies that she ts t duly c ity C1,sr,le o'£ the C,ty i of he .Blau., foregoing" Resolution -w passed RESOLUTION NO. 19934- 29 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: fill on or before the 1st day of October, 1993; and, WHEREAS, the City is required to make provisions for the disposal at an appropriately licensed ,.landfill of solid waste generated within the City; and, WHEREAS, the Agreement attached hereto marked Exhibit "A" fulfills the City's solid waste disposal requirements and is . acceptable to the City of Blair and Douglas County, Nebraska. NOW, THEREFORE, BE IT RESOLVED the Agreement referred to hereinabove marked Exhibit "A" is hereby approved by the City of Blair, and the Mayor and City Clerk are hereby authorized to execute same on behalf of the City of Blair. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph UPON ROLL CALL, . COUNCILMEMBERS Fay, Realph, Ryan, Sh.otwell,Long, Mines, - Kros VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED' THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF SEPTEMBER, 1993. ATTEST: - ALICE DIEDRICHSEN, CITY CLERK (SEAL'),- WHEREAS, the City of Blair will close its solid waste land- CITY BLAIR, NEBR KA BY ,D •- ME` J ENNY,, R ALICE I DIBDRI apigoint04 quaiif i 4t `and a tang; City Clad 4 i.bras ka., and -that be above and foregoing Res p assed and i at a regular meeting of, t' a : ', an Council "o said tp "" held an t, `1 day ereby aerti tli ° a ALICE I. DI DRIC CONTRACT THIS AGREEMENT made and entered into between the County of Douglas, Nebraska, a governmental subdivision of the State of Nebraska, hereafter referred to as "Douglas County" and the City of Blair, Nebraska, a governmental subdivision of the State of Nebraska, hereinafter referred to as "Blair." WHEREAS, Blair and Douglas County are each empowered to provide for the needful and healthful handling and disposal of solid waste and Blair collects and handles the same and Douglas County handles and disposes of the same material at its landfill location near Elk City, Nebraska; and WHEREAS, Blair and Douglas County wish to agree upon the terms by which Blair will use the landfill operated by the Doug- las County for the disposal of Blair's solid waste. NOW, THEREFORE, it is mutually agreed by and between Blair and Douglas County as follows: 1. The duration of this Agreement shall be from October 1, 1993, through September 30, 1995. If the parties desire to renegotiate this agreement for an additional term, they shall give notice to the other respective party of such intent prior to January 1, 1995. 2. Blair shall be entitled to dispose of any or all of the solid waste collected, generated, or processed by Blair, includ- ing that which is generated through its city -wide collection contractor(s) or received at any recycling centers, to be dis- posed of at the Douglas County's present landfill located near Elk City, Nebraska. All such disposal shall be handled by Blair or its Contractor(s), hereinafter referred to as "Contractor" whether one or more, by delivery of the solid waste material to Douglas County at its landfill through the efforts and equipment of Blair or its Contractor. All such waste shall be unloaded by Blair or its Contractor in accordance with the generally applied practices at Douglas County's landfill as specified by Douglas County or its operating agent. 3. For all such solid waste delivered to Douglas County's landfill by Blair or its Contractor, Blair will pay a fee to Douglas County which will include $1.25 that was imposed by the Nebraska State Legislature under LB 1257. The current year rate is $19.95 per ton. The rate will change on September 1st of 1993 and every year thereafter on September 1st pursuant to the fol- lowing paragraph. The increase on September 1st of each year shall be an equal per ton increase as the increase per ton paid by Douglas County to its operational agent at the Douglas County's landfill as annually charged in accordance with the Douglas County's existing contract with said operator and which is indexed to the Consumer Price Index as published by the United States Government, All Items, Urban Consumers, promulgated for the Kansas City, Mis- souri, region (1982 -84 = 100) and published by the United States Department of Labor, Bureau of Labor Statistics, all pursuant to Section R.R. -14 of the Contract between the Douglas County and its current operator, Waste Management of Nebraska, Inc., as the same currently exists or as it may be amended in the future. Said fee will be increased as the Consumer Price Index mandates or any increases that the Nebraska Department of Environmental Control or any federal regulatory body mandates. Blair further agrees to pay any additional charges estab- lished by Douglas County resolution for asbestos, special wastes as itemized and defined on Exhibit "A" other than asbestos, tires, and uncovered loads. 4. Douglas County or its operating agent shall immediately give notice to Blair of the dumping or depositing or an attempt to do so by Blair's licensed Contractor of any hazardous or special waste as listed and defined on Exhibit "A." 5. The fee to be paid to Douglas County as referred to in paragraph 3 shall be paid by the Contractor licensed by Blair and shall be collected by Douglas County or its operating agent directly from said Contractor at the time said Contractor depos- its or dumps solid waste in the Douglas County's landfill. Blair shall have no liability for any unpaid sums due from said Con- tractor as the result of any credit extended to said Contractor by Douglas County or its operating agent. Douglas County shall also maintain and allow Blair to periodically examine records demonstrating such information as Douglas County has customarily shown on its weigh tickets including vehicle gross weight, tare weight, date of delivery, and the rate applicable to each deliv- ery load. Blair shall give Douglas County reasonable notice prior to requesting any such examination of Douglas County's records. 6. Douglas County shall allow representatives of Blair to periodically examine and inspect the solid waste being dumped in Douglas County's landfill by the Contractor licensed by Blair to haul its solid waste. Blair shall give Douglas County and its operating agent of the landfill reasonable notice prior to exer- cising such inspection. 7. Douglas County and Blair will separately administer their respective rights and responsibilities under this Agree- ment, there being no joint or cooperative body created for the financing, operation, or management of the same. This Agreement does not create a joint venture between Blair and Douglas County. Neither party hereto indemnifies the other with respect to any act or omission attributable by law, rule, or regulation to the other, and the parties hereto agree to abide by all state and federal laws governing the collection, handling, and disposal of waste materials. This paragraph shall not prohibit an assignment by Douglas County and agreement thereto by Douglas County's operating agent of any indemnification of Blair by Douglas Coun- ty's operating agent. 8. This Agreement states the complete understanding of the parties and may not be amended except by written agreement of the parties hereto. 9. Neither Blair nor Douglas County will discriminate or permit discrimination in the performance of this Agreement on account of race, national origin, sex, age, or religious or political opinions or affiliations. 10. In the event of default of either party under the terms of this Agreement, the party alleging such default shall give notice thereof in writing to the other party. That party shall have ten (10) days after receipt of the notice of the alleged default to cure same. 11. If Blair owns and /or operates it own solid waste land- fill or joins a coalition to own and /or operate a solid waste landfill, Douglas County has a right to dispose of the same tonnage of solid waste and same tonnage of asbestos and other special wastes as itemized and defined on Exhibit "A" that Blair has disposed of in Douglas County's landfill in said new land- fill. Douglas County has five (5) years from the date of the opening of such landfill to dispose of its same tonnage amount. 12. In the event Douglas County's present landfill is closed prior to the expiration of the term, all rights and privi- leges under this Agreement will be transferred to the successor Douglas County Landfill. 13. Any notice required to be given to Douglas County shall be mailed through the United States Postal Service, certified mail, return receipt requested, to the following address: 14. Any notice required to be given to the City of Blair, Nebraska, shall be mailed through the United States Postal Serv- ice, certified mail, return receipt requested to the following address: City of Blair, Nebraska 218 South 16th Street Blair, Nebraska 68008 15. This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assigns. ATTEST: Dated this l7 7 day of n � Alice I. Diedrichsen, City Clerk i City of Blair, Nebraska A Governmental Subdivision f) t J "rom Jenny, ,N' yor Douglas County, Nebraska A Political Subdivisi By fr 1 Michael L. Albert, Chairman Douglas County Board of Commissioners , 1993. EXHIBIT "A" Ryan It RESOLVED "8Y T WHEREAS, the Aare eMent attached tiereto, marke and by this reference made a part hereof as forth herein by and between te: of Blair opment Corporation for the .administration of opment :Pharr and funds assoc."eted therewith. 0 TION NO 199 tTRODUCED ° THE. YOR"'.: AND D I TY .Cousp BE IT FURTHER RESOLVED THE MAYOR AND . C I authorized and directed to, execute same 81air. COUNCILMEMBER Long " "Mov i THAT . _' 'ADOPTED AS READ., ir,IHICH SAID MOTION 4S SEC Mlnee UPON ROLL C Fay,= Real 1 , Ryan, Low, Minea, Kros YOU G "' AYE." , AND COUNC I L!IEMBERS None 1J lNG ' "MAY' , THE MAYOR £BLARED THE . ORG©I.P4G RES AND-ADOPTED THIS. 14th ' DAY " OF . , SEPTEMBER. , ,1993 CHSEN, CITY CLERK Off* KA WASHINGTON =. 1TY ALICE I DIEDRICHSEN, hereby certifies ted, qualified, and acting City Clerk o ska, and that the =above and Ptd at ; # regular Council of sa: ;d City :held on the OVNCILMEMB HEREAS, Section 5 '404 e; the Mu nicipal ,Code- af'the City of air, p io des that the Eon - erasing body may by reso ut a` robib or regulate ga rkzg on d;esignatad streets tr parts of streets. G I. 'IX _,C"OUNCXL THE "CITY R, .NEBRASKA , 't pith s ides o Adams. Street' from Tenth ,Street to Sixteenth .Street e O ty o tlaa r a nd that the Street . Departmen of the Cit -. of ` lair is hereby autt or :zed and directed to place No Parking signs reflettin5: the no parking area as established hereby at ` necessary ipterva along said -n 1L ne. AEI CR L'. - DIEDRICHSBN CITY CLERK (rSLAL R Ei OLUTI Ry IN''RQ? FFOED SHE PO LODUNG RESOLUTION: j '1O king ar_e ` , no .parking BE IT FURTHER RESOLVED, that folio i #g thr pass gee and pubs. cation cif this Resolution_ it shall be, unlawful for any person` refuse :tn comply with said .o parkz,.ng designa -: COU+TCILMEMBER. PaY QVED TE T IDE 0 EQTLUUION BE -° ADOPTED 'AS READ, : WHICH SAID MOTIO . WkS SECONDED B'Y „Co.UNCILMEMSER Ry , ; UPON ROLL CALL, ; C'.OUNC.ILMEMBERS y out Ea R eal , . . ab� . . , l l ; L V OTING "AYE " , AND CO E-4 M ines, Itros ; = V OTflW 1 'NA' ", `TAE MAYOR= DECLARED.`TH;E: FOREGOING RE SOLUTION - PASSED AN __A ROVED= -THIS 14th -DA's ; =OP -SEPTET BER.,: t 99 3 . CITY' 0 'BLAIR, . NEBRASKA B T,E1�fi STATE OF NM ASHINGT ©N COUNTY ALICE I. D:IEDRI°CHSEN, h+ereb oa . rated, qualified and acting City -,end adopted 11 II 111111 r N` braeka, and that the above and foreg a regular meeting df :the Ma the iAth day 11 111111 III II I l luumu uunwm uuum approovai of .th$ issuance o Co ntrol Commission, ATT HAL , FR;AH , DEPUTY CITY'. C ERt R SOLUTION= NO I'9 32 COUNCILMEMBER Kros ` I UC NTRODED THE C�I FOLLI T G - RESOLUTION: WHEREAS,, the Mayor and City = "Cozen i.l --of t? a City =of Blair -r Nebraska, b; v ;.been_ for- warded an app . for a ;Cl ass" j ,_, S piritsc Wine, :BeerOn ; e i r d tff Sala -. Oa Ligao License for D en y s, In s /1 'Dink , ,'Tavern. •ON -, THEREFORE, RB IT .`RESOLNED BY; TH:E MAYOR AND CITY -'cOU NI L; NK.A , T TY °'.t}F EBRASI B -,AIR 3 T�tAT ; tt}e Q i�� cif B�a�r recommends _. uch lieense the Nebraaka :Liquor E ° IT FURTHER RESOLVED S AT ;THE . NASR' AND CITY ' CLERK OP THE CITY OF ' OPAIR g i R IAA ; a h rebi authorized t ,o a cu e, t►c3: r rwat a certified . ap c this R�soi eti.on ' is ,the' Nebra • for Cca• t *,o1 ;:Comma ssiota o beLaif of, the " City of Elsi C . Abbott MOYEB `THAT I RESOLUTION BE ADOPTED READ, 'W HXCIISAID NOTION , WAs:; SECONDED BY' COUNCILMEMBER :R an UPON ROLL ACA , oiUNCIL►MEMBERS a , ay, Mhos' 1_0,9,3' Mi rtes t . Realph, Ryan twe VOTING t "AYE ". AND. ' CO NCI REMBERB - VOTING °NAY", THE MAYOR DECLARED ;',THE FOREGOING RESOLUTION ':PASSED AND APPROVED ` TRIS 28 DAY.: SEPTEMBER:, CITY 11 4,-, E JENNY, :tech`; q ) se her 4 era g Deputy Cit7 d that the above and foregoi d at a regular *aetingof City held on the RESOLUTION NO. 1993- 33 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has entered into an Agreement with Douglas County, Nebraska, for disposing of solid waste at the Douglas County Landfill located near Elk City, Nebraska; and, WHEREAS, to insure compliance with the federal and state laws and regulations it is necessary to license and regulate haulers collecting solid waste with within the municipal limits; and, WHEREAS, Blair intends to enter into contracts providing for regulation and collection of solid waste within the municipal limits for an extended term; and, WHEREAS, such contracts for extended terms have not yet been entered into and it is necessary to license solid waste collec- tors and haulers on a temporary basis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the temporary license agree- ment attached hereto, marked Exhibit "A" is hereby ratified and approved and each collector or transporter for hire or other compensation of solid waste within the municipal limits shall enter into and comply with the terms of the temporary license agreement. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized to enter into said license agreement or agreements on behalf of the municipality. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros. Long, Mines, Realph, Ryan & Shotwell VOTING "AYE ", AND COUNCILMEMBERS none VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28 DAY OF SEPTEMBER, 1993. ATTEST: - GARC / Ai PEGGY J. FRAHM, DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 1993. CITY OF BLAIR, NEBRASKA City Council of said City held on the BY ME JE� OR PEGGY J. FRAHM, hereby certifies that she is the duly ap- pointed, 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 28 day of September, PEGGY J. I , DEPUTY CITY CLERK BE IT RESOLVED BY THE MAYOR. AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA, as follows: Section 1. The Mayor and Council hereby find and determine that pursuant to the provisions of the Local Option Municipal Economic Development Act (Sections 18 -2701 to 18 -2723, R.R.S. Neb. 1943, as amended), the Mayor and Council have previously passed and approved Ordinances Nos. 1621 and 1622, establishing the Blair Economic Development Program and providing funding for such program through a sales tax adopted under the Local Option Revenue Act (Sections 77- 27,142 to 77- 27,148, R.R.S. Neb. 1943, as amended); .that both of said ordinances were adopted pursuant to approvals by the voters of the City at the general election held on November 3, 1992; that the Nebraska Legislature has enacted LB 732 in its most recent session and that under Section 14 of LB 732 any City which has received voter approval to conduct an economic development program under the Local Option Municipal Economic Development Act prior to June 1, 1993, may issue bonds as provided under LB 732 if the Mayor and Council of such City adapt a resolution expressing the City's intent from time to time to issue bonds to provide funds to carry out such City's economic development program and thereupon give notice and conduct a public hearing upon the question of exercising such authority to issue bonds; and that the Mayor and Council deem it necessary and advisable for the City to express such intention in. accordance with the requirements of said Section 14 of LB 732. :Section 2. The Mayor and Council hereby declare and express the intention of the City of Blair to issue bonds for the City of Blair Economic Development Program as establishegt and funded pursuant to Ordinances Nos. 1621 and 1622 of the City from time to time as permitted under LB 732 and the Local Option Municipal Economic Development Act, as amended, in order to provide funds to carry out such program. Section 3. The Mayor and Council shall meet at the Council Chambers in City Halton the 12th day of October, 1993, to conduct a public hearing on the issue of exercising authority as provided for in this resolution and the City Clerk is hereby instructed to publish notice of such hearing as provided by law. Peggy Frahm, Deputy City Clerk `...L6■6J.IleiJNlui!®iuw 161. 11 111 111 hll a 11 111 1, imp. ul. RESOLUTION NO. 1993 -34 PASSED AND APPROVED this 28th day of September, 1993. COUNCILMEMBER RESOLUTION NO. 1993- 35 KROS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The Mayor and City Council of the City of Blair, Nebraska, hereby find and determine that the Mayor and City Council have by resolution adopted on September 28, 1993, de- clared and expressed the intention of the City of Blair, Nebras- ka, to issue bonds for the City's Economic Development Program as established and funded pursuant to Ordinances Nos. 1621 and 1622 as permitted by the Local Option Municipal Economic Development Act as supplemented and amended by LB 732 as enacted by the Ninety -Third Legislature of the State of Nebraska, First Session, in order to carry out such program and have conducted a public hearing after giving published notice as required by Section 14 of said LB372. SECTION 2. The Mayor and City Council, after taking into consideration the comments and statements of all persons seeking to be heard at said hearing, do hereby confirm the prior expres- sion of intent as adopted by the Mayor and City Council as re- ferred to in Section 1 of this resolution. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines UPON ROLL CALL, COUNCILMEMBERS Fay, Kros, Long, Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12 DAY OF OCTOBER, 1993. CITY OF BLAIR, NEBRASKA BY JE ME JENNY, MA ATTEST: ALICE I:IDIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the ) ss 12 day of October, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993 A RESOLUTION OF THE CITY OF BLAIR, NEBRASKA, AUTHORIZING THE ISSUANCE OF ECONOMIC DEVELOPMENT FUND SALES TAX REVENUE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF SIX HUNDRED THOUSAND DOLLARS ($600,000) FOR THE PURPOSE OF FUNDING THE BLAIR ECONOMIC DEVELOPMENT PROGRAM AS ESTABLISHED BY ORDINANCE NO. 1621 OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE PLEDGING OF SALES TAX COLLECTIONS RECEIVED FOR SAID PROGRAM INTO THE ECONOMIC DEVELOPMENT FUND OF THE CITY OF BLAIR FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON SAID BONDS; PROVIDING FOR THE SALE OF THE BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID BONDS; AND AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER. follows: BE IT RESOLVED by the Mayor and Council of the City of Blair, Nebraska, as Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby fmd and determine that pursuant to the provisions of the Local Option Municipal Economic Development Act (Sections 18 -2701 to 18 -2723, R.R.S. Neb. 1943, as amended), the Mayor and Council have previously passed and approved Ordinances Nos. 1621 and 1622, establishing the Blair Economic Development Program and providing funding for such program through a sales tax adopted under the Local Option Revenue Act (Sections 77- 27,142 to 77- 27,148, R.R.S. Neb. 1943, as amended); that both of said ordinances were adopted pursuant to approvals by the voters of the City at the general election held on November 3, 1992; that the Nebraska Legislature has enacted LB 732 in its most recent session (Ninety -third Legislature, First Session) and that under Section 14 of LB 732 any City which has received voter approval to conduct an economic development program under the Local Option Municipal Economic Development Act prior to June 1, 1993, may issue bonds as provided under said LB 732 if the Mayor and Council of such City adopt a resolution expressing the City's intent from time to time to issue bonds to provide. funds to carry out such City's economic development program and thereupon give notice and conduct a public hearing upon the question of exercising such authority to issue bonds; that such intention has been declared by resolution adopted on September 28, 1993 and a hearing has been held upon October 12, 1993, all as required by said Section 14 after publication of notice of such hearing in the Enterprise , on September 30, 1993 and October 7„ , 1993; that after hearing all persons desiring to be heard and after receiving information as to collections upon the sales tax provided for by Ordinance No. 1622 the Mayor and Council hereby declare it necessary and advisable for the City to issue its economic development fund sales tax revenue bonds in the principal amount of Six Hundred Thousand Dollars ($600,000) for the purpose of funding the Blair Economic Development Program as established by Ordinance No. 1621 and further determine that all conditions, acts and things required by law to exist of to be done precedent to the issuance of such bonds do exist and have been done as required by law. Section 2. To provide funds for the Blair Economic Development Program as established pursuant to Ordinance No. 1621 of the City, there shall be and there are hereby ordered issued negotiable bonds of the City of Blair, Nebraska, to be designated as "Economic Development Fund Sales Tax Revenue Bonds, Series 1993" (the "1993 Bonds ") in the aggregate principal amount of Six Hundred Thousand Dollars ($600,000), with said bonds bearing interest at the rates per annum and to become due on November 15 of the year as indicated below: Maturing on Amount of Interest Rate November 15 of Year Principal Maturing Per Annum 1994 $195,000 2.70% 1995 $200,000 3.25 % 1996 $205,000 3.50% The 1993 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue of the 1993 Bonds shall be November 15, 4 1993. Interest on the 1993 Bonds, at the respective rate for each maturity, shall be payable on November 15, 1994, and semiannually thereafter on May 15 and November 15 of each year (each an "Interest Payment Date "), and the 1993 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. Interest shall be computed on the basis of a 360 -day year consisting of twelve 30-day months. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the last business day of the month immediately preceding the month in which the Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 4 hereof. The 1993 Bonds shall be numbered from 1 upwards in the order of their issuance. No 1993 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the 1993 Bonds issued shall be as directed by the initial purchasers thereof. Payments of interest due on the 1993 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar as designated pursuant to Section 3 hereof (the "Paying Agent and Registrar "), by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 1993 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 3 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity together with any unpaid interest accrued thereon shall be made by the Paying Agent and Registrar to the registered owners upon presentation and surrender of the 1993 Bonds to the Paying Agent and Registrar. The City and the Paying Agent and Registrar may treat the regis- tered owner of any 1993 Bond as the absolute owner of such 1993 Bond for the purpose of 3 n u, li a.iuu.!■lii .I41IIIJIIi 1 ■Jli .iii, I.E.JOEE.lf.....l_44 El. I Wul.i dill Be... making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary whether such 1993 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any 1993 Bond in accordance with the terms of this Resolution shall be valid and effectual and shall be a discharge of the City and the Paying Agent and Registrar, in respect of the liability upon the 1993 Bonds or claims for interest to the extent of the sum or sums so paid. Section 3. The City Treasurer is hereby designated to serve as Paying Agent and Registrar for the 1993 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the 1993 Bonds at the City's Offices in Blair, Nebraska. The names and registered addresses of the registered owner or owners of the 1993 Bonds shall at all times be recorded in such books. Any 1993 Bond may be transferred pursuant to its provisions at the office of the Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent and thereupon the Paying Agent and Registrar on behalf of the City will register such transfer and will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new 1993 Bond or 1993 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the 1993 Bonds by this Resolution, one 1993 Bond may be transferred for several such 1993 Bonds of the same interest rate and maturity and for a like aggregate principal 4 amount, and several such 1993 Bonds may be transferred for one or several such 1993 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 1993 Bond, the surrendered 1993 Bond or 1993 Bonds shall be cancelled and destroyed. All 1993 Bonds issued upon transfer of the 1993 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the 1993 Bonds sur- rendered and shall be entitled to all the benefits and protection of this Resolution to the same extent as the 1993 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any 1993 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any 1993 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4. In the event that payments of interest due on the 1993 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to 5 the registered owners of the 1993 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. The 1993 Bonds maturing on or after November 15, 1995, shall be subject to redemption, in whole or in part, prior to maturity on November 15, 1994, or at any time thereafter, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 1993 Bonds for optional redemption in its sole discretion. 1993 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Any 1993 Bond redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for a new 1993 Bond evidencing the unredeemed principal thereof. Notice of redemption of any 1993 Bond called for redemption shall be given, at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such 1993 Bond at said owner's registered address. Such notice shall designate the 1993 Bond or 1993 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 1993 Bond or 1993 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any 1993 Bond partially redeemed, such notice shall specify the portion of the principal amount of such 1993 Bond to be redeemed. No defect in the mailing of notice for any 1993 Bond shall affect the sufficiency of the proceedings of the City designating the 1993 Bonds called for redemption or the effectiveness of such call for the 1993 Bonds for which notice by mail has been properly given and the City shall have the right to direct further notice of redemption for any such 1993 Bond for which defective notice has been given. Section 6. If the date for payment of the principal of or interest on the 1993 Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Section 7. The 1993 Bonds shall be in substantially the following form: 6 Interest Rate Maturity Date Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR ECONOMIC DEVELOPMENT FUND SALES TAX REVENUE BOND SERIES 1993 No. $ November 15, November 15, 1993 Date of Original Issue CUSIP NUMBER KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay, but only from the special sources hereinafter described, to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable November 15, 1994, and semiannually thereafter on May 15 and November 15 of each year (each, an "Interest Payment Date "). Such interest shall be computed on the basis of a 360 -day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the office of the City Treasurer of the City of Blair, Nebraska, as Paying Agent and Registrar, at such City's offices in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for 7 payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of Six Hundred Thousand Dollars ($600,000) of even date and like tenor, except as of the date of maturity, rate of interest and denomination, which were issued by the City for the purpose of providing funds for the Blair Economic Development Program as established pursuant to Ordinance No. 1621 of the City and has been duly authorized by resolution duly adopted (the "Resolution ") and by proceedings duly had by the Mayor and Council of the City of Blair, Nebraska, pursuant to Legislative Bill No. 732 as enacted by the Ninety -third Legislature of the State of Nebraska, First Session. Any or all of the bonds of said issue maturing on or after November 15, 1995, are subject to redemption at the option of the City, in whole or in part, on November 15, 1994, or at any time thereafter, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond called for redemption in the manner specified in the Resolution authorizing said issue of bonds Individual bonds may be redeemed in part but only in the amount of $5,000 or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Resolution, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all other purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the day for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. Under the Resolution, the City has pledged all revenues of the City received for its Economic Development Fund from that tax upon sales within the City of Blair, Nebraska, provided for pursuant to Ordinance No. 1622 of the City of Blair, passed and approved, after the approving vote of a majority of the electors of said City voting at the Statewide General Election held on November 3, 1992, in accordance with the provisions of Sections 77- 27,142 to 77- 27,148, R.R.S. Neb. 1943, as amended. The City has further agreed that in each year funds from such sales tax as deposited to such fund shall be applied to pay principal and interest on the bonds of this issue as the same fall due, including the accumulation of appropriate 8 reserves for such purpose. The bonds of this issue are limited obligations of the City payable from such sales tax receipts as so pledged and not from any other fund or source and are not general obligations of the City of Blair, Nebraska. The Resolution sets forth the covenants and obligations of the City with respect to its Economic Development Fund and sales tax revenues therein and the application of such revenues which are by the terms of said Resolution to be disbursed to make payments of principal and interest on the bonds of this issue and make other payments as specified in the Resolution. The City also reserves the right to issue bonds junior in lien to the bonds of this issue, the principal and interest of which are payable from such sales tax revenues on a wholly subordinate basis as described in the Resolution. The Resolution also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under the Resolution and all covenants, agreements and obligations of the City under the Resolution may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a trustee bank. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as provided by law. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and City Clerk of the City, all as of the Date of Original Issue shown above. ATTEST: (facsimile signature) City Clerk CITY OF BLAIR, NEBRASKA 9 (acsimile), Mayor CER11F1CATE OF AUTHENTICATION This bond is one of the bonds authorized by Resolution passed and approved by the Mayor and Council of the City of Blair, Nebraska, as described in said bond. City Treasurer of the City of Blair, Nebraska, Paying Agent and Registrar 10 Authorized Signature For value received hereby sells, assigns, and transfers unto the within bond and hereby irrevocably constitutes and appoints , Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Signature Guaranteed By Authorized Officer (FORM OF ASSIGNMENT) Date: Note: The signatures) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. 11 Registered Owner Section 8. Each of the 1993 Bonds shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and City Clerk of the City. The 1993 Bonds shall be issued initially as "book -entry only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers of the City are authorized to execute and deliver a Letter of Representations (the "Letter of Representations ") in the form required by the Depository, for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the 1993 Bonds. Upon issuance of the 1993 Bonds as "book - entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds 1993 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a 1993 Bond from a Bond Participant while the 1993 Bonds are in book -entry form (each, a "Beneficial Owner ") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the 1993 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the 1993 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 1993 Bonds. The Paying Agent and Registrar shall make payments with respect to the 1993 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 1993 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond. 12 (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange 1993 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so. The Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the 1993 Bonds or (ii) to make available 1993 Bonds registered in whatever name or names the Beneficial Owners transferring or exchanging such 1993 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the 1993 Bonds be delivered to the ultimate Beneficial Owners of the 1993 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 1993 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 1993 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Resolution to the contrary, so long as any 1993 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such 1993 Bond and all notices with respect to such 1993 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the 1993 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 1993 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section. If for any reason the Depository resigns and is not replaced or upon termination by the City of book - entry-only form, the City shall immediately provide a supply of bond certificates for issuance upon subsequent transfers or in the event of partial redemption. In the event that such 13 supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signature of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof hall appear on any 1993 Bond shall cease to be such officer before the delivery of such 1993 Bond (including any bond certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption) such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such 1993 Bond. The 1993 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The 1993 Bonds shall be registered with the office of the Auditor of Public Accounts of the State of Nebraska. The 1993 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the 1993 Bonds, they shall be delivered to the City's Treasurer, acting on behalf of the City, who is authorized to deliver them to Smith Barney Shearson Inc., Chiles Heider Division, as initial purchaser thereof, upon receipt of the purchase price of 98.65 % of the principal amount thereof plus accrued interest on the principal amount of the 1993 Bonds to date of payment for the 1993 Bonds. Said initial purchasers shall have the right to direct the registration of the 1993 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Resolution. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 1993 Bonds which shall be delivered to said purchaser. 14 Section 9. The City hereby covenants and agrees that all amounts hereafter received by the City from sales tax revenues imposed under Ordinance No. 1622 shall be deposited to the Economic Development Fund of the City of Blair, Nebraska, and thereupon shall be set aside in a separate special account in the Economic Development Fund designated as the "Series 1993 Economic Development Fund Sales Tax Revenue Bond Payment Account" (the "Bond Payment Account ") which shall constitute a separate and special fund and account held by the City Treasurer of the City of Blair for the benefit of the registered owners of the 1993 Bonds. Monies in the Bond Payment Account in amounts sufficient for such purpose shall be transferred to the Paying Agent and Registrar on or before each Interest Payment Date and each principal payment date and shall be applied to the payments of principal and interest on the 1993 Bonds as the same fall due. All revenues from the sales tax imposed under Ordinance No. 1622 shall be credited to the Bond Payment Account in each year until there has been accumulated and remains on hand an amount sufficient to provide for all payments on the 1993 Bonds falling due within the next twelve months plus an amount for reserve purposes of $80,000 and thereafter any surplus amounts may be transferred to the Blair Economic Development Fund and be applied for other purposes permitted for such funds under the terms of Ordinances No. 1622 and 1621 of the City. If at any time there shall be on hand in the Bond Payment Account an amount sufficient to provide for all payments to fall due upon the 1993 Bonds from the date of any such determination until the final maturity of the 1993 Bonds, no further deposits to the Bond Payment Account shall be required and thereupon all such monies, as then deposited, shall be held and applied by the City Treasurer solely for the payment or early redemption of the 1993 Bonds, as the Mayor and Council shall direct. The City hereby pledges all receipts from 15 the sales tax revenues received pursuant to Ordinance No. 1622 for the payment of the 1993 Bonds, both principal and interest, on a first and prior basis over any or all other claims or obligations of the City of Blair and its Economic Development Fund. The City agrees that it shall not issue any other bonds or notes of equal right and standing with respect to such revenues but shall retain the right to issue wholly subordinate bonds or notes which may be paid solely from such revenues as may be available from time to time if and when all amounts required to be deposited in the Bond Payment Account have been deposited in accordance with the terms of this Section 9. So long as any of the 1993 Bonds remain outstanding, the City agrees that it shall not amend Ordinance No 1622 in any manner to reduce the rate of tax provided for therein or reduce the anticipated revenues from such tax. Section 10. The City's obligations under this Resolution and the liens, pledges, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to the 1993 Bonds issued pursuant to this Resolution and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been purchased and cancelled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof', or (b) shall have been provided for by depositing with a national or state bank having trust powers or trust company, in trust solely for such payment, (i) sufficient money to make such payment and/or (ii) Deposit Securities in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any 1993 Bond to be paid prior to maturity, the City 16 shall have duly given notice of redemption of such bond as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or trust company may be invested and reinvested in Deposit Securities and all interest and income from such Deposit Securities in the hands of such bank or trust company, in excess of the amount required to pay principal of and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. The term "Deposit Securities" as used in this Section shall mean direct obligations of or obligations the principal and interest which are unconditionally guaranteed by the United States of America, including obligations issued in book -entry form. Section 11. The terms and provisions of this Resolution do and shall constitute a contract between the City and the registered owner or owners of the 1993 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Resolution without the written consent of the registered owners of two- thirds (2 /3rds) in principal amount of the 1993 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any 1993 Bond nor the maturity date of any 1993 Bond shall be changed without the written consent of the registered owners of all such bonds then outstanding. Any registered owner of a 1993 Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court of competent jurisdiction enforce and compel performance of this Resolution and every provision and covenant hereof, including without limiting the generality of the foregoing, the enforcement of the performance of all duties required of the City by this Resolution and the applicable laws of the State of Nebraska, including in such duties the collecting of revenues 17 pursuant to Ordinance No. 1622 and the segregation of such revenues in the Bond Payment Account of the City's Economic Development Fund for the 1993 Bonds as described in Section 9 of this Resolution. Any and all actions brought by any registered owner or owners of the 1993 Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 1993 Bonds outstanding and no registered owners of any of the 1993 Bonds shall have any right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Resolution. Section 12. The Mayor and City Clerk and City Treasurer of the City are hereby authorized to do all things and execute all documents as may by them be deemed necessary and proper to complete the issuance and sale of the 1993 Bonds contemplated by this Resolution. The Preliminary Official Statement is hereby approved and such officers are further authorized to approve a final Official Statement on behalf of the City. Section 13. Any accrued interest received upon the sale of the 1993 Bonds shall be deposited to the Bond Payment Account and applied to make the next payments of interest falling due on the 1993 Bonds. The net principal proceeds of the 1993 Bonds shall be held in a separate account in the Economic Development Fund of the City of Blair and shall be applied to the making of grants for public and private improvements and activities or to the making of public improvements, all related to the encouraging of economic development in accordance with the terms of Ordinance No. 1621, as amended, upon order of the Mayor and Council. The City hereby agrees than in no event shall any proceeds of the 1993 Bonds be used to provide any loan, lease or other financing arrangement requiring repayments to the City or its Economic Development Fund. 18 Section 14. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution. Section 15. The City hereby covenants and agrees that it will make no use of the proceeds of the 1993 Bonds which would cause the 1993 Bonds to be arbitrage bonds within the meaning of Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the "Code ") and further covenants to comply with said Sections 103(b)(2) and 148 and all applicable regulations thereunder throughout the term of said issue. The City hereby covenants to take all action necessary to preserve the tax- exempt status of the interest on the 1993 Bonds for federal income tax purposes under the Code with respect to taxpayers generally. The City hereby designates the 1993 Bonds as its "qualified tax- exempt obligations" under Section 265(b)(3)(B)(i)(IU) of the Code and hereby covenants and warrants that it does not expect to issue tax- exempt obligations in calendar 1993 in an amount exceeding $10,000,000. The City further agrees that it will not take any actions which would cause the 1993 Bonds to constitute "private activity bonds" within the meaning of Section 141 of the Code. Section 16. This Resolution shall be in force and take effect from and after its adoption as provided by law. Councilmember Ryan moved that the Resolution be adopted as read, which motion was seconded by Councilmember Long. Upon roll call, Councilmembers Fay, Kros, Long, Mines, Realph, Ryan and Shotwell voting Aye, and Councilmembers None voting Nay. The Mayor declared the foregoing Resolution passed and adopted this 12th day of October, 1993. 19 C al OF BLAIR, N RASKA ri \ ®-7 om= Jenny or 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 12 day of October, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Abbott RESOLUTION NO. 1993- 37 INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Water Extension District No. 26 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Water Extension District No. 26 have been specially benefited by said improvements in the amounts as shown on said schedules as changed, and the amounts shown on said schedules as changed do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Water Extension District No. 26. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due fifty (50) days after the date of passage of this Resolution levying special assessments, and may be paid within said time without interest, but any installment not paid by said date shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Water Extension District No. 26 shall become delinquent in ten (1C) equal installments as follows: 1 /10th - NCvpmhAr 9 , 1993 1 /10th - one year fro date hereof 1 /10th - two years fr m date hereof 1 /10th - three years rom date hereof 1 /10th - four years f om date hereof 1 /10th - five years f om date hereof 1 /10th - six years fr m date hereof 1 /10th - seven years from date hereof 1 /10th- eight years from date hereof 1 /10th - nine years from date hereof. SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certi- fied by the City Clerk to the Treasurer of the City for collec- tion. SECTION 4. The schedules of proposed assessments with any changes therein as heretofore directed by this Board shall be attached to and made a part of the minutes of this meeting and are hereby made a part of this Resolution as if fully stated herein. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Minrac . UPON ROLL CALL, COUNCILMEMBERS Abbott Pal.r Krna T,nng, Mine. RPa 1 ph an(9 Shotwel.l VOTING r 'AYE * , AND COUNCILMEMBERS Nnnp VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF NOVMB .1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY JE JENNY, MA I_O 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 passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. 4/7./.44,g z ' ) ALICE I. DIEDRICHSEN, CITY CLERK WATER DISTRICT NO. 26 City of Blair, Nebraska East Front Street CONSTRUCTION $ 9,500.00 ENGINEERING 1,370.03 CREATION OF DISTRICT PUBLICATION 27.90 NOTICE TO CONTRACTOR PUBLICATION 5.62 TOTAL COSTS = $ 10,903.55 Assessment Per Lot = 10,903.55 i 5 lots = 2180.71 per lot TOTAL ASSESSMENTS = $ 10,903.55 • r a t A S S E S S M E N T S C H E D U L E * ** WATER DISTRICT NO. 26 * ** East Front Street, Blair, Nebraska OWNER LEGAL DESCRIPTION AMOUNT Hazel A. Valentine; c/o Dennis Monaghan Lot 6, K -Span Industrial Park $ 2180.71 Subdivision; Blair, Washington County, Nebraska FSTS, a Partnership; c/o Wyman E. Nelson Lot 7, K -Span Industrial Park $ 2180.71 Subdivision, Blair, Washington County, Nebraska Milo E. Christensen,and Beverly A. Christensen Lot 8, K -Span Industrial Park $ 2180.71 Subdivision, Blair, Washington County, Nebraska. G. Ernest Abariotes, and Marilyn L. Abariotes Lot 9, K -Span Industrial Park $ 2180.71 Subdivision; Blair, Washington County, Nebraska. Gerald P. Jorgensen,and Janet L. Jorgensen Lot 10, K -Span Industrial Park $ 2180.71 Subdivision, Blair, Washington County, Nebraska. TOTAL ASSESSMENTS $ 10,903.55 RESOLUTION NO. 1993- 38 COUNCILMEMBER Shotwell INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Water Extension District No. 27 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Water Extension District No. 27 have been specially benefited by said improvements in the amounts as shown on said schedules as changed, and the amounts shown on said schedules as changed do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Water Extension District No. 27. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due fifty (50) days after the date of passage of this Resolution levying special assessments, and may be paid within said time without interest, but any installment not paid by said date shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Water Extension District No. 27 shall become delinquent in ten (10) equal installments as follows: 1 /10th - Novemb ?r 9 , 1993 1 /10th - one year from date hereof 1 /10th - two years from date hereof 1 /10th - three years from date hereof 1 /10th - four years from date hereof 1 /10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1 /10th - eight years from date hereof 1 /10th - nine years from date hereof. SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certi- fied by the City Clerk to the Treasurer of the City for collec- tion. SECTION 4. The schedules of proposed assessments with any changes therein as heretofore directed by this Board shall be attached to and made a part of the minutes of this meeting and are hereby made a part of this Resolution as if fully stated herein. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros_ Tong, MinPS.. Rpalph and Rhntw.11 VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER 1993. ATTEST: a Li; Q. y:49 _4 ALICE 1. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY O �/ A _ OME JENNY, 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 November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK WATER DISTRICT NO. 27 City of Blair, Nebraska County Road No. 422 CONSTRUCTION $ 24,750.00 ENGINEERING 3,099.75 CREATION OF DISTRICT PUBLICATION 27.90 NOTICE TO CONTRACTOR PUBLICATION 5.6Z TOTAL COSTS = $ 27,883.27 Assessment Per Lot = 27883.27 - 11 = 2534.842727 per lot TOTAL ASSESSMENTS = $ 27,883.27 OWNER Ronald J. Short, and Patricia J. Short Donald R. Rathjen, and Pearl Rathjen Norman W. Buchardt, and Eleanor C. Buchardt Jefford M.Cold, and Mary Patricia Cold Jefford M. Cold, and Mary Patricia Cold Paul Fortina, and Lisa Schrum Fortina Donald V. Conrad, and Lila M. Conrad Roland Long, and Evelyn Long Peter A. Svendgard, and Lisa Svendgard Timothy J. Nietfeld, and Konda K. Nietfeld c Timothy J. Nietfeld, and Konda K. Nietfeld TOTAL ASSESSMENTS A S S E S S M E N T s c a E D u L r. * ** Water District No. 27 * ** County Road No. 422 LEGAL DESCRIPTION Tax Lot 56, Section 14,Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 57, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 73, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 95, Section 14,Township 18 North, Range 11 East of the 6th P.M., Washington County, NE.. Tax Lot 115, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 162, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 163, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska Tax Lot 173, Section 14, Township 18 North, Range 11 East of the 6th P.M. Washington County, NE. Tax Lot 224, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. Tax Lot 226, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE.. Tax Lot 227, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, NE. AMOUNT $ 2,534.84 $ 2,534.84 $ 2,534.85 S 2,534.84 S 2,534.84 $ 2,534.85 $ 2,534.84 S 2,534.84 $ 2,534.85 $ 2,534.84 $ 2,534.84 $27,883.27 rT RESOLUTION NO. 1993- 39 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a renovation of and addition to the Washington County Courthouse has been proposed for the purpose of increasing space for county offices, completing changes to comply with the Americans With Disabilities Act, and to provide security for County records; and, WHEREAS, an election has been scheduled for November 2, 1993, for the consideration of a 3.2 million dollar bond issue; and, WHEREAS, the Mayor and City Council of the City of Blair recognize the necessity of the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Council hereby endorse the renovation and addition to the Washington County Courthouse and further do hereby endorse passage of a 3.2 million dollar bond issue to finance such renovation and addi- tion. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay. Kros. Long. Mines, Realnh Ana Ryan VOTING "AYE ", AND COUNCILMEMBERS _$hntwP11 VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF OCTOBER, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY !' BLAIR, NE� \ KA BY JE JENNY, MA L,.0P`.X A . X16 ?00 COUNTY ALIC I° D %EDIICHSI he y cartif:iss i ted, q ta lifi.d, °and ac .ing G.ity C 1a Naora, ka, and that the aim*, and fora/ails Salo iu � pass +7ria a d adopt a r *gala 'ir aaatiai «of tha 1I Count: i.l, of said . g eld .off the . .2 t : ele ., a October; RESOLUTION NO. 1993 - 40 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Solid Waste Transporter License Agree- ment attached hereto marked Exhibit "A" is hereby accepted and adopted by the municipality. BE IT FURTHER RESOLVED any person or company operating a solid waste collection business in Blair shall enter into the Agreement attached hereto marked Exhibit "A" or shall forthwith discontinue said collection business. ATTEST: (SEAL) COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED -THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF OCTOBER, 1993. ALICE'I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA Of At K h g*by **Psimt,d, 9a.lit d., , #A4 *at.ia 0 1 1 : Nabrs.ka , aad, ` ra: t +a rvia and pas sad and tam: st a, rag �1ac .4 Cauacai of sa t -C t °� l _E. end a 6 ' , A dam: a '; t SOLID WASTE TRANSPORTER LICENSE This license agreement is made and entered into this day of November, 1993, by and between the City of Blair, Nebras- ka, a municipal corporation, hereinafter referred to as "Blair," and , hereinafter referred to as "Licen- see." Whereas, Blair has entered into an agreement with Douglas County, Nebraska, authorizing Blair to dispose of solid waste in the Douglas County Landfill; and, Whereas, Licensee desires to provide nonexclusive solid waste disposal services for residents and businesses in Blair. NOW, THEREFORE, in consideration of the mutual obligations set forth herein, the parties hereby agree as follows: 1. For the purpose of this agreement solid waste shall have the same meaning as set forth in Sec. 13 -204 R.R.S. Neb. as adopted by reference from Sec. 81- 1502(26) R.R.S. Neb. and shall further include but not be limited to garbage, trash, rubbish, and junk as set forth in Sec. 81 -1502 et seq. R.R.S. Neb. and shall also include yard wastes, lead acid batteries, tires, waste oil, construction debris, and all hazardous wastes. 2. Blair hereby grants to Licensee a nonexclusive license to operate a solid waste collection business in Blair for the term of this agreement. Blair reserves the right to grant simi- lar licenses and the use of the streets of Blair to any other person or company at any time during the period of this license. 3. In consideration of the grant of this nonexclusive license, Licensee agrees to pay to Blair a license fee for the term of this agreement in the amount of $ 300.00 Said license fee shall be due and payable upon execution of this agreement and prior to Licensee collecting solid waste in Blair under this agreement. 4. This license shall be in full force and effect until September 30, 1994, unless terminated by mutual agreement of the parties prior to September 30, 1994, or upon default of the Licensee under the terms and conditions of this agreement. 5. The Licensee represents and warrants that: A. The Licensee has the full power, authority, and legal right to enter into and perform this Agreement, and that by the execution, delivery, and performance by the Licensee of this Agreement, Licensee (i) has the requisite approval of all govern- mental bodies, (ii) will not violate any judgment, order, law, or regulation applicable to the Licensee, and (iii) said Agreement is not a conflict with or constitute a default under any agree- ment or instrument to which the Licensee is a party or by which the Licensee may be bound or affected. B. This Agreement has been duly authorized, executed, and delivered by the. Licensee; and this Agreement constitutes the legal, valid, and binding obligations of the Licensee, enforce- able in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditor's rights generally or by general equitable principles concerning remedies. 6. The solid waste collected by the Licensee shall be disposed of in a manner which fully complies with the Integrated Solid Waste Management Act of Nebraska, hereinafter referred to as "The Act," and shall further comply with all rules and regula- tions promulgated and adopted thereunder, all federal, state, and local laws, regulations, and ordinances dealing with environmen- tal protection as administered and supervised by the Department of Environmental Quality, the E.P.A., and other regulatory agen- cies. 7. The Licensee shall cause all solid waste collected, generated, or processed from Blair to be disposed of at the present landfill of Douglas County, Nebraska, located near Elk City, Nebraska. The Licensee shall not dispose'of any solid waste at any other site or location other than the present Doug- las County Landfill except as specifically allowed herein. Licensee shall not deliver and unload at the Douglas County Landfill any solid waste or hazardous waste not accepted by the Douglas County Landfill. Disposal of solid waste from Blair at any site other than the Douglas County Landfill, except as spe- cifically permitted by Blair pursuant to the terms of this agree- ment, shall result in immediate termination of this Agreement and Licensee's right to collect solid waste within the municipal limits of, the City of Blair. 8. All waste shall be unloaded at the Douglas County Landfill in accordance with generally applied practices of the Douglas County Landfill as specified by Douglas County or its operating agent. 9. Disposal of lead acid batteries, waste oil, waste tires, and discarded household appliances shall be made only in accor- dance with The Act and all rules and regulations promulgated and adopted thereunder, all federal, state, and local laws, regulations, and ordinances dealing with environment protection as administered and supervised by the Department of Environmental Quality, the EPA, and other regulatory agencies. Any hazardous wastes derived from discarded household appliances shall be disposed of only in landfills or facilities licensed for the disposal of such hazardous wastes. Licensee may dispose of lead acid batteries, waste oil, waste tires, and discarded household appliances at any landfill other than the Douglas County Landfill only after receiving authorization in writing from Blair and after certifying to Blair the location at which such items are being disposed and shall certify, warrant, and guarantee to Blair that the disposal of said items isfidl compliance wittthe re- quirements hereof. 10. Licensee shall be responsible for collection from its respective customers any fees charged by the Licensee. Licensee shall be responsible for and shall pay to Douglas County or its operating agent all fees charged by the Douglas County Landfill for the disposing of solid waste by the Licensee according to the rate schedule as agreed to by Blair and Douglas County. The Licensee agrees it will indemnify and save harmless Blair from any and all charges incurred by the Licensee for disposing of solid waste as the Douglas County Landfill. 11. Licensee shall further pay any additional charges estab- lished from time to time by Douglas County for asbestos special waste, tires, and uncovered loads, and other circumstances re- quiring imposition of higher charges. 12. All vehicles, conveyances, containers, and all other equipment used by the Licensee shall be kept and maintained in a sanitary condition. All trucks used by the Licensee for collection and hauling solid waste and similar material shall be maintained in a safe operating condition. 13. Prior to commencing operation under this Agreement and at all time during the course hereof the Licensee shall obtain and keep in full force and effect all forms and types of in- surance which may be required by federal, state, and local law and regulatory agencies. Without limitation of the foregoing, Licensee shall provide policies of insurance of the types herei- nafter described with limits of liability corresponding to the higher of those required by federal, state, or local regulatory and licensing agencies, or the following: (1) Worker's Compensation Insurance for all of the contra- ctor's employees. (2) Comprehensive public liability coverage which provides for assumed contractual liability as imposed by this Agreement in minimum amounts of $1,000,000.00 per person and $2,000,000.00 per occurrence for bodily injury, and $100,000.00 for property dam- age. All insurance policies referred to herein shall be issued and underwritten by solvent insurance companies licensed to do business in the State of Nebraska and shall provide that notice of cancellation shall be required to be given by such companies to Blair at least thirty (30) days prior to effective dates of cancellation. Failure to provide and maintain insurance as required shall constitute a breach of this Agreement. 14. The Licensee agrees that it shall protect, indemnify, and hold harmless Blair and its officers, members, employees, and agents from and against all liabilities, suits, or actions and attorney's fees, and shall defend Blair in any suit, including appeals arising out of the negligence or willful misconduct of the Licensee or any of its agents or employees in connection with its obligations or rights under this Agreement. The Licensee is not, however, required to reimburse or indemnify Blair for loss or claim due to the negligence or willful misconduct of Blair. 15. Licensee shall provide to Blair a monthly statement, in form satisfactory to Blair, specifying the tonnage of solid waste hauled by the Licensee from Blair under this agreement. Said statement shall be delivered to Blair not later than fifteen (15) days following the end of any month during the term of this agreement. 16. In accepting this Agreement, Licensee acknowledges that its rights hereunder are subject to the police power of Blair to adopt and enforce general ordinances necessary for the safety and the welfare of the public; and Licensee agrees to comply with all applicable general laws and ordinances enacted by Blair pursuant to such power. Without limitation of the foregoing, Licensee agrees to comply with all ordinances and regulations pertaining to the collection, hauling, and disposal of solid waste, and all traffic and related regulations pertaining to the use of the streets for such collection, hauling, and disposal. Licensee does further agree to obtain, keep current, and pay for all licenses, permits, and inspections required under this Agreement and to be responsible and pay for all damages, penal- ties, and /or fines imposed by any governmental authority for failure to obtain and keep current such required licenses or permits, or to comply with laws, ordinances, regulations, or special conditions applicable to this Agreement. Licensee does further recognize, undertakes, and promises not to discriminate nor permit discrimination in the performance of this Agreement because of race, national origin, sex, age, religious or political opinions or affiliations, or handicapped status. 17. The Licensee shall operate and maintain all of its equipment, including trucks, in full compliance with all safety and health standards required under federal, state, and local laws, rules and regulations and ordinances, as well as such standards required by industry generally. Licensee shall at all times employ ordinary care and shall install, maintain, and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damages, injuries, or nuisances to the public. The clean up of any spillage caused by Licensee during collection, while in transport, and during disposal shall be the sole responsibility of Licensee. 18. Blair shall at any time and without prior notice have the right and authority to inspect any of Licensee's trucks, whether in or out of service, storage bins, transfer stations, and other facilities utilized in the performance of this Agree- ment for the purpose of spot checking the contents of Licensee's trucks by gate control or while tipping at Douglas County Land- fill, and to examine, after reasonable advance notice, the books and records of the Licensee which relate to Licensee's obliga- tions under this Agreement, including tipping receipts to insure full performance with law and the terms of this Agreement. Blair shall also have the right and authority to examine the records of Douglas County or its operating agent to examine Licensee's weigh tickets, including vehicle gross weight, tare weight, date of delivery, and rates applicable to each delivery load. 19. Licensee shall provide and maintain a toll free number for Blair residents at its office and an attendant to answer telephone calls throughout the day between the hours of 8:00 o'clock A.M. and 5:00 o'clock P.M. and /or as long as trucks are on the streets picking up waste material, whichever is longer, Monday through Saturday excluding holidays. The attendant shall receive calls from citizens in a courteous and polite manner and shall resolve all complaints in an expeditious manner within a twenty -four (24) period. 20. No solid waste shall be allowed to remain in any truck located in Blair overnight. 21. Licensee under this Agreement is an independent con- tractor. Employees of the Licensee do not, for any purpose, become loaned or borrowed employees of Blair. This Agreement does not create a joint venture, partnership, or any other busi- ness entity between Blair and Licensee. 22. Licensee shall make available for inspection by Blair a list of all of Licensee's customers within Blair's municipal limits specifying the name, address, and telephone number of each customer. Such list shall be made available at City Hall at any reasonable times designated by Blair and shall be in a format or formats as specified by Blair. 23. The following shall constitute events of default. A. A party's failure to timely perform any material obliga- tion under this Agreement; B. (i) A party's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrange- ment with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee, or liqui- dator for any substantial part of its property, or (ii) a bank- ruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by or against a party under the laws of any jurisdiction which proceeding has not been dismissed within thirty (30) days, or (iii) any action or answer by such party approving of, consenting to, or acquiescing in any such proceeding, or (iv) the levy of any distress, execution, or attachment upon the property of a party which shall substantially interfere with its performance hereunder. 24. If within a period of ten (10) days after a party gives written notice to the other party that an event of default has occurred and is continuing, and the party in default has not remedied such event of default, then the party that is not in default may terminate this Agreement by giving written notice to the other party. This remedy shall be in addition to all other remedies that the parties may have under the law and in equity. 25. Licensee shall not enter into any scavenger or salvage operations of any of the solid waste collected by the contractor. The Licensee shall not use the City name or other words implying municipal ownership on stationery or equipment. 26. Blair shall have the right to prohibit Licensee from using unpaved alleys or streets during any time the Director of Public Works determines damage may be caused by Licensee's vehi- cles to such alleys and streets. 27. Notwithstanding anything to the contrary contained in this Agreement, neither the Licensee nor Blair shall be liable to the other for any failure or delay in performance of any obliga- tion under this Agreement due to the occurrence of an event constituting force majeure and any such failure or delay shall not constitute an event of default under this Agreement. An event constituting force majeure means any act, event, or condition which is beyond the reasonable control of the parties adversely affected thereby that has had or may reasonably be expected to have but requiring present action, a material adverse effect on the rights or the obligations of the parties under this Agreement, or a material adverse affect on the facility, or the ownership, possession, or operation by the facility. Such events shall include but not be limited to the following: an act of God, fire, explosion, flood, war, sabotage, change in law, or condemnation. The party experiencing an event constituting force majeure shall promptly notify the other party of such event and its estimated duration and impact or obligations under this Agree- ment. Additionally, such party shall provide prompt notice of the cessation of such event of force majeure. Whenever such event of force majeure shall occur, the party claiming to be adversely affected thereby shall as quickly as reasonably possi- ble use best efforts to eliminate the cause therefor and resume performance under this Agreement. 28. This Agreement may not be assigned by either party without the prior consent of the other party which consent shall not be unreasonably withheld. 29. Any notices or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person, by facsimile, or sent by certified or registered mail, return receipt requested, postage prepaid, as follows: If to Blair: If to Licensee: Alice Diedrichsen, City Clerk City of Blair, Nebraska 218 South 16th Street Blair, Nebraska 68008 Telephone No. 402 - 426 -4191 Fax No. 402 -426 -4195 Attention: Telephone No. Fax. No. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by written notice to the other party. 30. The waiver by either party or a default or a breach of any provision of this Agreement by the other party shall not operate or be construed to operate as a waiver of any subsequent default or breach. The making or the acceptance of a payment by either party which knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any default or breach. 31. The provisions of this Agreement shall constitute the entire agreement between the parties for the disposal of solid waste superseding all prior agreements and negotiations, and shall not be modified, unless provided herein to the contrary, only by written agreement duly executed by both parties. 32. In the event any provision of this Agreement shall for any reason be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall to the maximum extent practicable in light of such determination implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement shall as so amended, modified, or supplemented, or otherwise affected by such action, remain in full force and effect. r This Agreement shall be binding upon the heirs, executors, and personal representatives of the parties hereto. ATTEST: City of Blair, Nebraska A Municipal Corporation By Alice I. Diedrichsen, City Clerk Jerome Jenny, Mayor LICENSEE By Title COUNCILMEMBER Kros and, ATTEST: WHEREAS, the City of Blair has closed its landfill; WHEREAS, it is necessary to cover said closed landfill with not less than 24 inches of soil; and, WHEREAS, it is necessary to acquire said soil from a source outside of the landfill site; and, WHEREAS, the most economical source for obtaining said soil is a site directly adjacent to said closed land. 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 is hereby accepted and approved by the municipality. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the municipali- ty. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros. Lona. Mines. Realph, Rywn art Shotwail VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26tJiDAY OF OCTOBER, 1993. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1993- 41 _ INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA 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 26th day of October, 1993. (.f.('.(,:t n , \--.p P., o , /1 /-.._ r /J ALICE I. DIEDRICHSEN, CITY CLERK L I I d ids ;a 411 AGREEMENT This agreement made this 7 , day of A :o , 1993, by and between the City of Blair, Nebraska, hereinafter referred to as "City," and William H. Boyd and Gleatha E. Boyd, husband and wife, and William D. Boyd and Judith E. Boyd, husband and wife, hereinafter referred to as "Boyds;" WITNESSETH: WHEREAS, the City is the owner of Tax Lot 9 in Section 30, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and has operated a Municipal Landfill on said real estate; and, WHEREAS, Boyds are the owners of the East One -Half of the Northwest One - Quarter of the Northeast One- Quarter; the Southwest Quarter of the Northeast Quarter and Tax Lots 8 and 32 all in Section 30, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska; and, WHEREAS, the City is desirous of removing ground from the real estate owned by Boyds and to utilize same as ground cover upon the closure of such landfill; and, WHEREAS, Boyds are in agreement and desire to have the City utilize ground from the real estate owned by them for the purpose of grading and enhancing the real estate owned by Boyds. NOW, THEREFORE, in consideration of the sum of Fifteen Thousand Dollars ($15,000.00), mutual benefits to be derived by the respective parties hereto, and other good and valuable con- sideration, all same being as specifically hereby acknowledged and receipted by the parties hereto, it is agreed as follows: 1. Boyds hereby grant and convey to the City an easement and license to remove ground from the property owned by them described hereinabove for the purpose of providing ground cover on the landfill owned by the City and for closure of same. The exact locations for the removal of said ground shall be specified by Boyds pursuant to a written memorandum or designation on maps at the time the removal of ground from Boyds' property is to com- mence. 2. The City agrees to indemnify and save harmless Boyds from any and all claims, losses, damages, expenses, causes of action, or any other liability, of any nature and kind and with- out exception, including but not limited to court costs, and expenses of litigation, which said claims, losses, damages, expenses, causes of action, or other liability arising from the removal of'said ground by the City. 3. The term of this agreement shall commence upon its execution and shall terminate on or before September 1, 1994. If the City has completed closure of its landfill and all ground x w Attest: cover requirements prior to September 1, 1994, this agreement shall terminate upon the completion of ground cover enclosure of the landfill. The term of this agreement may be extended at the option of the City for a period of six (6) months if adverse weather conditions prohibit completion of the contract prior to September 1, 1994. 4. In the event any fences are removed by the City to access Boyds' property to obtain the ground therefrom, the City shall replace same at the City's expense upon termination of this agreement. 5. No consideration shall be paid to Boyds for the ground removed by the City except as provided hereinabove. 6. Boyds hereby acknowledge and agree the ground to be re- moved by the City shall be not less than the amount of cover material required by the Nebraska Department of Environmental Control or Environmental Protection Agency closure requirements. Boyds further acknowledge such requirements will include covering the entire City Landfill provided the total amount of ground to be removed from the Boyds' property shall not exceed 300,000 cubic yards of dirt. 7. Boyds hereby warrant and represent they are the owners of the property described hereinabove and they have the authority to enter into this agreement without limitation. 8. This agreement constitutes the full and complete under- standing of the parties and no representations have been made except as contained herein. 9. This agreement executed the date first aforesaid shall be binding upon the heirs, assigns, successors, and personal representatives of all parties hereto. 041:2_,JJile-d4444-d City Clerk William H. "Boyd William D. Boyd CI OF BLAIR, NEBRAS BY _ ome Jenny, M grz, l $ COUNCILMEMBER Ryan RESOLUTION NO. 1993- 42 INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. WHEREAS, unfunded mandates on state and local governments have increased significantly in recent years; and, WHEREAS, federal and state mandates requires cities and villages to perform duties without consideration of local circum- stances, costs, or capacity, and subject municipalities to civil or criminal penalties for noncompliance; and, WHEREAS, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of municipal citizens; and, WHEREAS, excessive federal and state burdens on local gov- ernments force some combination of higher local taxes and fees and /or reduced local services on citizens and local taxpayers; and, WHEREAS, federal and state mandates are too often inflexi- ble, one - size - fits -all requirements that impose unrealistic time frames and specify procedures or facilities where less costly alternatives might be just as effective; and, WHEREAS, existing mandates impose harsh pressures on local budgets and the federal and state governments have reduced fun- ding to help compensate for any new mandates; WHEREAS, the cumulative impact of these legislative and regulatory actions directly affect the citizens of our cities and villages; and, WHEREAS, the National League of Cities and the League of Nebraska Municipalities in conjunction with other state and local government representatives have begun a national public education campaign to help citizens understand and then reduce the burden and inflexibility of unfunded mandates beginning with a National Unfunded Mandates Day on October 27, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair, Nebraska, endorses the effort of the League of Nebraska Municipalities and support working with LNM to fully inform our citizens about the impact of federal and state mandates on our government and the pocket books of our citizens. BE IT FURTHER RESOLVED that the City of Blair, Nebraska, endorses organizing and participating in events to begin this process on October 27, 1993. BE IT RESOLVED that the City of Blair, Nebraska, resolves to redouble efforts to inform and work with the Governor, state senators, and members of our Congressional delegation and others to further inform them about the impact of federal and state mandates and actions necessary to reduce their burden on our citizens. COUNCILMEMBER Realph MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Long . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF OCTOBER, 1993. CIT BLAIR, NE:' KA BY .✓1 --�� OME JENNY, kAL 1 D $DR 'ST,TR 4p .N#sRINDT ALICE DIEDHC x 4, 0. qualifisd , Nebraska•, ' and , that Da i� ad and adopted Gaai1 of said City held :TY CLERIC hereby d acting Ctt ov solar aye n the 26 RESOLUTION NO. 1993- 43 COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: WHEREAS, the United States Department of Justice has ini- tiated a Police Hiring Supplement Program; and, WHEREAS, the Mayor and City Council desire to participate in such program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair hereby warrants and commits it has the resources to and will fund twen- ty -five percent (25 %) of the cost of an additional officer funded under said Police Hiring Supplement Program for a period of three (3) years. BE IT FURTHER RESOLVED the City of Blair will endeavor to continue said position after the three (3) year termination of funding available under said Police Hiring Supplement Program. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay. Lona. Mines. Realla. Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS Kros VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAIY OF OCTOBER, 1993. ATTEST: \J DA-A ALICE I. DIBDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NP BY _ r�i/ ir►t 1 OME JENNY, YOR t3F ItB$7C ) ss UNIT Y ALIC8 . DIB,DitI :eby certi is a `that ep point.d, giealIfied, tiodl acting . tFebrasks, an ,that the ova and ,it P a an adopted at a' rage area COO nc iI: of said- City he ]:d on h day. AI3GB' I'.�`h1B AIL 11111 11 11 RESOLUTION NO. 1993- 44 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class B, Beer Off Sale Only Inside Corporate Limits Liquor License for BPA Inc. d /b /a Cubby's. 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 Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Shotwell VOTING "AYE" AND COUNCILMEMBERS RealDh VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAy NOVEMBER, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY +F BLAIR, NEBRAS Ilf BY ME JENNY, M $T $ .ap yt, stA WA ; t zwwTox CLICKTY ALICE • PIOR hereby qert,;` d quali iett and acting City .0 ►rk. And th"att the above and dopted" at : a, iregular meeting said City'. 'held on the ', -; d; y.''o o e err �.- 'm ■41611 n�, Zok COUNCILMEMBER Mines WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class B, Beer Off Sale Only Inside Corporate Limits Liquor License for Triple W Enterprises Inc. d /b /a Wulf's E -Z Shop. 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 Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Shotwell VOTING "AYE" AND COUNCILMEMBERS Realph VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY NOVEMBER, 1993. ATTEST: ot.r,n .XA ALICE I ;',DIEDRICHSEN,- CITY CLERK (SEAL) RESOLUTION NO. 1993- 45 INTRODUCED THE FOLLOWING RESOLUTION: CITY O BLAIR, NEBRASKA BY .LP ,1!...77,ta ME JENNY, JENNY, ASKA OUNTY ) . DI$DRIGH h ua1if.ied and act d that the above a reg .arneetifg COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class B, Beer Off Sale Only Inside Corporate Limits Liquor License for Taylor Quik -Pik, Inc. d /b /a Taylor Quik -Pik. 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 Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines and Shotwell VOTING "AYE" AND COUNCILMEMBERS Realph VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY NOVEMBER, 1993. ATTEST: • ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1993- 46 CITY dillf BLAIR, NEBRASKA BY Q 7 OME JENNY, M R STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Mines Nebraska, have been forwarded an application for a Class B, Beer Off Sale Only Inside Corporate Limits Liquor License for Gary J. McDonald d /b /a Blair Mini Mart. 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 Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines and Shotwell VOTING "AYE" AND COUNCILMEMBERS Realph VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY NOVEMBER, 1993. ATTEST: WHEREAS, the Mayor and City Council of the City of Blair, ALICE I. DiEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1993- 47 INTRODUCED THE FOLLOWING RESOLUTION: CITY BY BLAIR, NEBRASKA ME JENNY, OR ,i 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 and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION' NQ,. 193$ . COUNCI.LMLNBER,. NT3 ne INTRODUCED THE 1 OL'LOWING RESOLUTION • WHEREAS,, Secti S -404 -vhf the Manic °ipal Code of the'.City' of • . that trhe. governing body may b:y resolution proh g Blair b - .. i t or 'regulate parking on designated streets an WHEREAS, to ``provide uniformity of parking" regulations, the faaiiitatioh, o. removal and emergency ve'hxcle movement.,,_''.a.. uniform:; pattern -of no parkin- re;gulati.one'. should,' be adopted for the 'municipali.ty 1. NOW, rHEREiORE, . EE :,'RESOLVED l Y THE `1 AYOR AND CITY COUNCIL `OF THE CI Off' . E`L,AiIR, i E.BRASI A, that there' , ,shall be no parking , on the east ` .side cif 'all .stre;e s leas.. than 31 feet in width ' lying north and south or primarily northerly and southerly and on the south side f all streets less :than. 31 feet in width lying east and 'west or primarily_. easterly ; and .westerly. This no parking designation shall' apply only to stre less than 31 feet in width which ::have ' not previ ously by resolution ;prohibited ;park- ing on, both sides of said street or on streets with expanded right of way. parking. This resolution' specifically repeals all resolutions passed prior to the date hereof , .restricting parking or designat- ing no parking on e streets Specified in . para'graph 1. . hereof.. This resolution does not repeal. prior resolutions prohibiting parking on both -sides , o any dr' par of "streets; desi'gnate'd 'street,, ,,, specifically. designa time `'rests coon's for °. - parking .on any Street, - an shall not ;apgsly to any streets with expanded 'off ; street : right of may parking or *rant Stto'et 'between 14th Street and 16th Street . R .; IT `'FURTHER ;RESOLVED :: that '' foi1owing ' the passage and . publication of this resolution and effective �, December 1993, . shall be unlawful for . any person to fail, neglect, or refuse to : - comply With said no parking designation. 4 BE IT FURTHER RESOLVED that the street department . of the City of. Blair is hereby authorized and directed to place no parking signs reflecting the no packing area as established hereby at° necessary - intervals along said no parking ;areas. CQUNCILMEMBER .roc MOVED THAT THE RESOLUTION BE ADOPTED. AS READ,: WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER —Long UPON ROLL CALL, COUNCILMEMBERS Abbott, Pay, Kxos . Lang, Mines. R.o O. oh and Shatweii VOTING .. "AYE ", AND COUNCILMEMBERS .-Nose `. VOTING "NAY ", THE 'MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th ;DAY OP :NOVEMBER 1993. ATTEST t WASHINGTON 'COUNTY ALICE I:' DIE�DRICHSE I, CITY' (S STATE ',00 NEBRASKA )' s CITY OF BLAR, NEB RASKA B JE1 E JENNY, MAO A`LIGL ,,;1 D:IEDRICHSEN, CITY CLERK 11 111 mmitlll 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 st a regular meeting of rile Mayor and. City .Council of said ,City held 011 the Oth day' °;'of November, ..199 COUNCILMEMBER Abbott WHEREAS, LeRoy Larsen has requested an easement for the purpose of constructing an automobile parking area on municipal right of way; and, WHEREAS, an easement in the form attached hereto marked "Exhibit A," and by this reference made a part hereof is acceptable 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 Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros. Long, Mines, Realph and Shotwell VOTING "AYE ". AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 1993. ATTEST: (SEAL) RESOLUTION NO. 1993- 49 ALICE I. DIEDRICHSEN, CITY CLERK INTRODUCED THE FOLLOWING RESOLUTION: CITY BY BLAIR, NEBRASKA JO OME JENNY, R STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9t h day of November, 1993. aa ALICE I DIEDRICHSEN, CITY CLERK 4 MAYOR AND COUNCIL BLAIR, NEBRASKA GENTLEMEN: 1. SIGNED I WISH TO APPEAR BEFORE THE COUNCIL ON WITH AN ITEM TO BE CONSIDERED AS PART OF THE AGENDA. 4ilr Off 5 Par G)5 1.7 le (.n an 6(11 01 UM 1 spar c, ADDRESS / U : ,Ett 40' /50.0 9 20' DEXTER'S 3 O O /0 a SI /30.0 20' 70.8' . 103.11' 117.8' 104.03' 2!0 80 SECOND 170.0' 5 6 20 ro, 24., - 1 .. 1 1 .. I " 1 i 1 � 3 2 I I I JS+ ig:i:1=�.�.� 4.1.1 ,1 1 1 1 106.72 W 105.84' 80.0 _ 1 4 ,.9 DD/t'/ON 40.8' 1 ea Q c� N to 0 60.0 60.0 0 PARK W ,9 60.0 ,,r•: I a s r : k : 3, 4. P 2 6 5 ' i4; dJ Q JORO ENSEA 5 "I 7 60.0' id /4' 80 : 4.0 1 "4 : Or a „ C) A190/ T/0/ti ' NEBRASKA • &femP..1 A'f4 I 60.0 60.01 10 /1 12 a a 6 60. 60.0' 0 a :1 / d0 y 60. • 5 60.0' 1.. 0 LU AI h 60.t�: 60. EASEMENT This agreement made this vI?., day of November, 1993, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and LeRoy Larsen, hereinafter referred to as "Grantee ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: From the Northeast corner of Lot 2 in Jorgensen's Addi- tion, and assuming the North line of Lots 2, 3, and 4 in said addition to bear due East and West; thence North a distance of 12.50 feet to the point of beginning; thence West a distance of 65.00 feet; thence North a distance of 25.00 feet; thence East a distance of 65.00 feet; thence South a distance of 25.00 feet to the point of beginning, From the Northeast corner of Lot 2 in Jorgensen's Addi- tion, and assuming the North line of Lots 2, 3, and 4 in said addition to bear due East and West; thence North a distance of 12.50 feet; thence West a distance of 100.00 feet to the point of beginning; thence continuing West a distance of 43.00 feet; thence North a distance of 25.00 feet; thence East a distance of 43.00 feet, thence South a distance of 25.00 feet to the point of beginning, for the sole purpose of constructing and maintaining an off street automobile parking area. No modifications of the design submitted to Grantor, either at the time of construction or subsequent thereto, shall be made without specific authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. such time of the termination of this easement, remove such parking area at his own expense. In the event and at the Grantee shall 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 parking area on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said parking area and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses 4 incurred in recovery of such damages. The 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. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) MOMUNI �M ida miu NXEL D ISSN MrOma Erp. Nac !.1997 STATE OF NEBRASKA ) )s WASHINGTON COUNTY ) s 111:7 MMAIrdedlitri *Caw Etp. NayI,1997 CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY ME JENNY, MA LeROY TARSEAC 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 identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this ,. day of November, 1993. (.1'/, Notary Public Before me, the undersigned, a Notary Public in and for said county and state, personally came LeRoy Larsen, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and notarial seal this day of Novem- ber, 1993. ULPA- P.4 P.,--4 A w Notary Public COUNCILMEMBER WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a stop sign shall be placed at the intersection of Ninth Street and Grant Street for the purpose of stopping traffic east bound on Grant Street in the City of Blair, and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1993- 50 MINES INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY J E JENNY, OR 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 and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK ?7 0 49Z -71 1 RESOLUTION NO. 1993- 51 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has closed its landfill; and, WHEREAS, it is necessary to cover said closed landfill with not less than 24 inches of soil; and, WHEREAS, it is necessary to acquire said soil from a source outside of the landfill site; and, WHEREAS, the most economical source for obtaining said soil is a site adjacent to said closed landfill. 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 is hereby accepted and approved by the municipality. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the municipali- ty. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph UPON ROLL CALL, COUNCILMEMBERS Abbott. Fay. Kros. Lona. Mines. Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 1993. ATTEST: ALICE I..DIEDRICHSEN, CITY CLERK (SEAL) CITY BLAIR, NEBRASKA BY JE ° ;ME JENNY, t STATE OF NEBRASKA WASHINGTON COUNTY ) s ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. / . � _ ei�� ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This agreement made this % ®/4' day of / %C -� , 1993, by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Martin T. Rubeck and Carol J. Rubeck, husband and wife, hereinafter referred to as "Rubecks;" WITNESSETH: WHEREAS, the City is the owner of Tax Lot 9 in Section 30, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and has operated a Municipal Landfill on said real estate; and, WHEREAS, Rubecks are the owners of the Tax Lot 31 in Section 30, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska; and, WHEREAS, the City is desirous of removing ground from the real estate owned by Rubecks and to utilize same as ground cover upon the closure of such landfill; and WHEREAS, Rubecks are in agreement and desire to have the City utilize ground from the real estate owned by them for the purpose of grading and enhancing the real estate owned by Ru- becks. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the respective parties hereto, and other good and valuable consideration, all same being as specifically hereby acknowledged and receipted by the parties hereto, it is agreed as follows: 1. Rubecks hereby grant and convey to the City an easement and license to remove ground from the property owned by them described hereinabove for the purpose of providing ground cover on the landfill owned by the City and for closure of same. The exact locations for the removal of said ground shall be specified by Rubecks pursuant to a written memorandum or designation on maps at the time the removal of ground from Rubecks' property is to commence. 2. The City agrees to indemnify and save harmless Rubecks from any and all claims, losses, damages, expenses, causes of action, or any other liability, of any nature and kind and with- out exception, including but not limited to court costs, and expenses of litigation, which said claims, losses, damages, expenses, causes of action, or other liability arising from the removal of said ground by the City. 3. The term of this agreement shall commence upon its execution and shall terminate on or before September 1, 1994. If the City has completed closure of its landfill and all ground cover requirements prior to September 1, 1994, this agreement shall terminate upon the completion of ground cover enclosure of the landfill. The term of this agreement may be extended at the option of the City for a period of six (6) months if adverse weather conditions prohibit completion of the contract prior to September 1, 1994. 4. In the event any fences are removed by the City to access Rubecks' property to obtain the ground therefrom, the City shall replace same at the City's expense upon termination of this agreement. 5. No consideration shall be paid to Rubecks for the ground removed by the City except as provided hereinabove, and Rubecks specifically acknowledge the improvement of grade to their prop- erty shall be consideration for the removal of said ground. 6. Rubecks hereby acknowledge and agree the ground to be removed by the City shall be to provide grades coinciding with the adjacent property from which the City is also removing ground. 7. Rubecks hereby warrant and represent they are the owners of the property described hereinabove and they have the authority to enter into this agreement: without limitation. 8. This agreement constitutes the full and complete under- standing of the parties and no representations have been made except as contained herein. 9. This agreement executed the date first aforesaid shall be binding upon the heirs, assigns, successors, and personal representatives of all parties hereto. Attest: O L " C JLL1 City Clerk CITY�A. BLAIR, NE KA BY J1•me'Jenny, Martin T. Rubeck Carol J. Rub ck • COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Allied Health Condominiums has requested an ease- went for the purpose of a placement of a sign across municipal right of way; and, WHEREAS, an easement in the form 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 Krog MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ahhn ++ . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Krnc Long, Mi npc, Rea l ph and fihr tw 1 1 VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS t DAY OF NOVEMBER, 1993. ATTEST: RESOLUTION NO. 1993- 52 ALICE I. DtEDRICHSEN, CITY CLERK , (SEA BLAIR, N KA _0-1< JENNY,, M OR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of November, 1993. mil. ALICE I. DIEDRICHSEN, CITY CLERK EASEMENT This agreement made this /i day of November, 1993, by and between the. City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor," and Allied Health Condomin- iums, 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 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 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 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. 1 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 ALLIED HEA TH CONDOMINIUMS A MUNICIPAL CORPORATION w BY OM JENNY, AYOR STATE OF NEBRASKA ) )s s 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 /5 day of November, 1993. 4: 7111TiMMON1 WmaftbattiO STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came 4ith 0. QhYlsJicattsd..i; duly authorized officer of Allied Health Condominiums, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this JG day of November, 1993. L,.15 unD1 BY ITS DULY AUTHORIZED OFFICER Carte e L-Pa NOTARY PUBLIC NOTARY PUBLIC KINWARUMM monk 110TAY-iits of Nob I COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1993- 53 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that Rodney Storm, City Administrator, is hereby authorized to execute for and in behalf of the above public entity established under the laws of the State of Nebraska, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal /State financial assis- tance under the President's Disaster Relief Fund (PL -93 -288, as amended) and the Governor's Emergency Fund (R.R.S.81- 829.42). That the City of Blair, Nebraska, a public entity estab- lished under the laws of Nebraska, hereby authorizes its agent to provide to the State all documents on matters pertaining to such Disaster Assistance as may be required. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE' ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS ATTEST: (SEAL) 9th DAY OF NOVEMBER, 1993. W es` -t twat ..t..C. a rt. ALICE I...DIEDRICHSEN, CITY CLERK CITY , BLAIR, N ASKA BY .< �.�..� J OME JENNY AYOR f 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 November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER WHEREAS, the City of Blair has been presented with Supple- mental Agreement No. 3 with the State of Nebraska, Department of Roads, Project STP- RRS -75- 3(101) for improvement of U.S. Highway 75, a copy of said Agreement being attached hereto marked Exhibit 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 municipality, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER Realph MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF NOVEMBER, 1993. ATTEST: (SEAL) Mines RESOLUTION NO. 1993- 54 L- C.VJAJ , E l012 5 4 /it ,4_D ALICE I. - DIEDRICHSEN, CITY CLERK INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY J2,�3 JENNY, M 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 November, 1993. a —P—A/ A ..1d �Et�l/i9/CJ ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Kros RESOLUTION NO. 1993- 55 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an agreement between the City of Blair, Nebraska, and Gateway Development Corporation for the administration of the Economic Development Plan and funds associated therewith was approved by Resolution No. 1993 -30; and, WHEREAS, Gateway Development Corporation has requested an amendment to said agreement clarifying the intent of the City regarding payment to Gateway; and, WHEREAS, the amended Agreement attached hereto, marked Exhibit "A," and by this reference made a part hereof as though fully set forth herein is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement attached hereto amending the agreement approved by Resolution No. 1993 -30 is hereby approved and adopted by the City of Blair and the Mayor and City Clerk are hereby authorized to execute same on behalf of the City. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines UPON ROLL CALL, COUNCILMEMBERS Abbott. Fay. Kros, Long, Mines. Realoh and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF NOVEMBER, 1993. CITY OF BLAIR, NEBRASKA ATTEST: .- ALI.CE 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 24th day of November, 1993. ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This agreement made this � day of Le,c, r,L -cam' , 1993, by and between the City of Blair, Nebraska, a Municipal Corpora- tion, and Gateway Development Corporation, a Nebraska Corpora- tion. WITNESSETH: WHEREAS, the City of Blair, Nebraska, adopted an Economic Development Plan pursuant to Section 18 -2701 et seq R.R.S. Neb. commonly known as LB 840; and, WHEREAS, such Economic Development Plan was to be funded by a one -half cent sales tax approved by the voters within the municipality; and, WHEREAS, a part of the Economic Development Plan provided the municipality could contract with and intended to contract with Gateway Development Corporation for the administration of the Economic Development Plan and funds associated therewith; and WHEREAS, the funds were to be spent on a priority basis with the first priority being the buy down of land to be purchased by Cargill, Inc. for its corn wet milling plant to be constructed adjacent to the municipality in Washington County, Nebraska; and WHEREAS, such buy down has been completed and funds expended by Gateway Development Corporation in connection therewith. For and in consideration of the compensation, mutual bene- fits, and obligations of the parties as set forth herein it is agreed by and between the parties as follows: 1. The City of Blair shall transfer to Gateway Development Corporation as soon as funds are received and available for distribution to Gateway from the proceeds of the one -half cent sales tax imposed by the municipality pursuant to approval of its electors. That said funds transferred shall be in the amount and for reimbursement of the expenses set forth on Exhibit "A" at- tached hereto and by this reference made a part hereof. 2. That in addition thereto Gateway shall continue to administer recruitment and industrial promotion activities in connection with the Cargill project and in particular with asso- ciated industries and other businesses to be recruited by Gateway to Blair and Washington County, Nebraska, in support of and as a result of the construction of the Cargill wet corn milling plant and other industries which shall increase the tax base of the community as well as generate revenue through utility charges to be paid to the City of Blair. As compensation therefor the City shall pay and transfer to Gateway from any excess funds remaining after the buy down as provided in the preceding paragraph. Said funds shall be paid over a five (5) year period commencing August 1, 1993, in the amount of $15,000.00 per year. Subsequent annual payments shall be made on the like day of each year during the term of services to be provided by Gateway. It is the intent and agreement of the City sufficient funds shall be reserved or set aside to make the payment set forth in this paragraph. 3. In addition to the funds to be paid and transferred from the City to Gateway from the proceeds of one -half cent sales tax as set forth in paragraphs 1 and 2, Gateway shall be entitled to make requisition upon any remaining proceeds from said one -half cent sales tax pursuant to the Economic Development Plan for any allowable expenditures thereunder. Such requisition shall be made to the Mayor and City Council of the City of Blair and said governing body shall thereafter at its discretion approve, deny, or modify said requisition. Nothing in this agreement shall be construed as to prohibit the City from expending funds derived from said one -half cent sales tax pursuant to the Economic Devel- opment Plan for utility improvements, infrastructure improve- ments, or extension, and any allowable purpose under such Econom- ic Development Plan.'The City shall have no duty or obligation to reserve or hold any monies derived either through bonding under the Economic Development Plan or from said one -half cent sales tax proceeds for the payment or transfer to Gateway Devel- opment Corporation of any funds under this paragraph. 4. In the event of default by either party, this agreement may be terminated upon ten (10) days written notice to the other party. This agreement contains the full and complete agreement by and between the parties and shall be binding upon the successors and assigns of both parties hereto. ATTEST: Alice I. Diedrichsen, City Clerk City of Blair, Nebraska a Municipal Corporation Gateway Development Corporation a Nebraska Corporation r -71‘ Re.sidia,t/ Its duly authorized officer 1/07/92 1/13/92 1/21/92 3/30/92 4/16/92 4/16/92 4/22/92 4/24/92 6/22/92 6/29/92 7/10/92 9/24/92 10/06/92 10/30/92 11/23/92 2/24/93 3/11/93 4/12/93 4/29/93 4/30/93 5/0 5/13/93 7/30/93 7/30/93 8/03/93 8/27/93 8/27/93 GATEWAY DEVELOPMENT CORPORATION DISBURSEMENTS - CARGILL County Surveyor - Map County Surveyor - Map County Surveyor - Map Cafe on Main Nelsen Appraisal services Nebraska Testing Corporation Country Surveyor - Map Postmaster - Express Mail D. L. Sidebottom Papi©-- Missouri River Natural Resources Dist. Airborne Express Airborne .Express Cafe on Main Blair: Engineering & Surveying Co. John E. Samson, Atty. Postmaster -- Express Mail Blair Engineering & Surveying Scheffler's Sporting Goods Blair Engineering & Surveying Jerry & Debra Welchert Union Pacific Railroad Company Airborne Express FirsTier sank /Blair Washington County Bank Cafe on Main FirsTier Bank /Blair Washington County Bank 'CAC. Co., Inc. Co., Inc. $ 6.00 6.00 6.00 73.78 2,350.00 1,744.00 6.00 13.95 1 10.00 11.00 20.00 33.18 2,987.50 116.95 13.95 1,777.50 118.80 120.00 14,000.00 500.00 9.00 10,000.00 10,000.00 11.48 10, 000.00 10,000.00 Total $ 64, 945.09 8/27/93 Received from City of Blair $ 20,000.00 • • • .I Iu�II ��, 11 1 111 _ •9 COUNCILMEMBER Kros RESOLUTION NO. 1993 -' INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with Contract Number 515 -502 with the Omaha - Council Bluffs Metropolitan Area Planning Agency, to render certain technical and professional services in carrying out the administration of the Nebraska Department of Economic Community Development Block Grant, Con- tract Number 93 -ED -014 in Blair, Nebraska, a copy of said Agree- ment 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 municipality, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Loner . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros. Long, Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14 thDAY OF DECEMBER, 1993. ATTEST: (1A-Le- ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) rte; +;..• 6nt411YWN111141 11tl 11111 1:.1141 11J . 1111 CITY OF BLAIR, NEBRASKA BY .; JE if E JENNY, I. In . 4. 1. L 111111111 11 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 duly passed and adopted at a regular meeting of the Mayor, and city Council of said City held on the 14th da y of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Mines RESOLUTION NO. 1993- 57 INTRODUCED THE FOLLOWING RESOLUTION: a. the employee, officer, or agent; b. any member of his /her immediate family; c. his /her partner; or d. an organization which employs, or is about to employ any of the above. WHEREAS, the City of Blair has been granted a Community Development Block Grant through the Department of Economic Devel- opment, State of Nebraska; and, WHEREAS, a condition of said grant is the adoption by the City of Blair of a Code of Conduct for the 1993/94 Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Code Of Conduct for the 1993/94 Community Development Block Grant Program is hereby adopted as follows: PURPOSE: The purpose of this Code of Conduct is to ensure the efficient, fair, and professional administration of federal grant funds in compliance with federal Office of Management and Budget (OMB) Circular A -102, Attachment 0, Paragraph 7, and other appli- cable federal and state standards, regulations, and laws. APPLICATION: This Code of Conduct applies to all officers, employees, or agents of the City of Blair engaged in the award or administration of contracts supported by federal grant funds. REQUIREMENTS: No officer, employee, or agent of the City of Blair shall participate in the selection, award, or administra- tion of a contract supported by federal grant funds, if a con- flict of interest, real or apparent, would be involved. Such a conflict would arise when: This a financial or other interest in the firm selected for award. The City of Blair officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, subcontractors. REMEDIES: To the extent permitted by federal, state, or local laws or regulations, violation of these standards may cause penalties, sanctions or other disciplinary actions to be taken against the City of Blair's officers, employees, or agents, or the contractors, potential contractors, subcontractors, or their agents. BE IT FURTHER RESOLVED the foregoing Code Of Conduct shall be in effect upon the passage and publication as required by law. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 14th day of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER ATTEST: (SEAL) Kros RESOLUTION NO. 1993- 58 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been granted a Community Development Block Grant through the Department of Economic Devel- opment, State of Nebraska; and, WHEREAS, a condition of said grant is the adoption by the City of Blair of a Procurement Policy for the 1993/94 Community Development Block Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Procurement Policy for the 1993/94 Community Development Block Grant Program attached hereto and marked Exhibit "A" is hereby adopted. BE IT FURTHER RESOLVED the foregoing Procurement Policy shall be in effect upon the passage and publication as required by law. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS 15Lott, Fay, Kros, Long, �Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERo None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NE SKA BY .1 J ME JENNY, Council of said City held on the ALICE I. DIEDRICHSEN, CITY CLERK s' 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 14thday of December, 1993. L 1 hI 11 III II h 1 1111111 Exhibit "A" Procurement Policy PURPOSE: The purpose of this Procurement Policy is to ensure that sound business judgment is utilized in all procurement transactions, and that supplies, equipment, and services are obtained efficiently and economically and in compliance with applicable federal law and executive orders. APPLICATION: This policy applies to the procurement of all supplies, equipment, construction, and services of and for the City of Blair related to the implementation will be done in accordance with OMB Circular A -102, Attachment O. POLICY I. Methods of procurement. Procurement under grants shall be made by one of the following methods as described herein: (a) small purchase procedures; (b) competitive sealed bids (formal advertising); (c) competitive negotiation; (d) noncompetitive negotiation. A. Small purchase procedures are relatively simple and informal procurement methods that are sound and appropriate for a procurement of services, supplies, or other property costing in aggregate not more than $10,000.00. The City of Blair shall comply with State or local small purchase dollar limits under $10,000.00. If small purchase procedures are used for a procure- ment under a grant, price or rate quotations shall be obtained from at least three qualified sources. B. In competitive sealed bids (formal advertising), sealed bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all of the material terms and conditions of the invitation for bids is most reasonable in price. 1. Appropriate conditions in order for formal advertis- ing to be feasible must be present including as a mini- mum the following; (a) a complete, adequate, and realistic specification or purchase description; (b) two or more responsible suppliers are willing and able to compete effectively for the City of Blair's business; and (c) the procurement lends itself to a firm fixed price contract and selection of the successful bidder can appropriately be made principally on the basis of price. 2. When formal advertising is used for a procurement under a grant, the following requirements shall apply: (a) A sufficient time prior to the date set for opening bids. Bids shall be solicited from an adequate number of known suppliers. In addition, the invitation shall be publicly advertised. (b) The invitation for bids, including specifications and pertinent attachment, shall clearly define the items or services needed in order for the bidders to properly respond to the invitation. (c) All bids shall be opened publicly at the time and place stated in the invitation for bids. (d) A firm fixed price contract award shall be made by written notice to that responsible bidder whose bid, conforming to the invitation for bids, is most reason- able. Where specified in the bidding documents, factors such as discounts, transportation costs and life cycle costs shall be considered in determining which bid is most reasonable. (e) Any or all bids may be rejected when there are sound documented business reasons in the best interest of the program. C. In competitive negotiation, proposals are requested from a number of sources and the Request for Proposal is publicized. Negotiations are normally conducted with more than one of the sources submitting offers, and either a fixed price or cost reimbursable type contract is awarded as appropriate. Competi- tive negotiation may be used if conditions are not appropriate for the use of formal advertising. If competitive negotiated is used for a procurement under a grant, the following requirements shall apply: 1. Proposals shall be solicited from an adequate number of qualified of to permit reasonable competition con- sistent with the nature and requirements of the procure- ment. the Request for Proposal shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practical. 2. The Request for Proposal shall identify all signifi cant evaluation factors including price or cost where required and their relative importance. 3. The City of Blair shall provide mechanisms for technical evaluation of the proposals received, determi- nations of responsible offerors for the purpose of writ- ten or oral discussions and selection for contract award. 4. Awards may be made to the responsible offeror whose proposal will be most advantageous to the procuring party, price, and other factors considered. Unsuccess- fully offerors will be notified promptly. 5. The City of Blair may utilize competitive negotia- tion procedures for procurement of architectural /engi- neering professional services, whereby competitor's qualifications are evaluated and the most qualified competitors' qualifications are selected, subjected to negotiation of fair and reasonable compensation. D. Noncompetitive negotiation is procurement through solic- itation of a proposal from only one source, or after solicitation of a Noncompetitive negotiation may be used when the award of a contract is infeasible under small purchase, competitive bidding (formal advertising) or competitive negotiation procedures. Circumstances under which a contract may be awarded by noncom- petitive negotiation are limited to the following: 1. the item is available from only a single source; 2. after solicitation of a number of sources, competi- tion is determined inadequate; 3. public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation; and 4. sole source procurement for supplies, equipment, construction, and services valued at $10,000.00 or more must have prior approval of the Nebraska Department of Economic Development. E. The City of Blair will provide, to the greatest extent possible, that contracts be awarded to small businesses located with the project area or owned in substantial part by project area residents. (The project area is defined as the county in which the project is located.) F. Any other method of procurement must have prior approval of the Nebraska Department of Economic Development. II. Contract Pricing. A. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. B. The City of Blair shall perform some form of cost /price analysis for every procurement action, including modifications or change orders. III. Small, Minority, and Women's Business Enterprises and Labor Surplus Area Firms. A. The City of Blair shall solicit qualified small, minori- ty, and women's businesses whenever they are potential sources. B. The City of Blair will procure goods and services from labor surplus areas when economically feasible. IV. Procurement Records The City of Blair shall maintain records sufficient to detail the significant listing of a procurement, including the rationale for the selection or rejection, and the basis for the cost or price. • L 1 1 11 .1 ,1 11. 1161iJ1L. 1 11 RESOLUTION NO. 1993- 59 COUNCILMEMBER Krnc INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been granted a Community Development Block Grant through the Department of Economic Devel- opment, State of Nebraska; and, WHEREAS, a condition of said grant is the City of Blair must comply with the requirements of Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing and nondiscrimination in the sale or rental of housing built with Federal assistance, and with Title VII of the Civil Rights of 1968, as amended, which prohibits discrimination in the provision of housing because of race, color, religion, sex, or national origin. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the following Public Notice, Affirmative Fair Housing Policy is hereby approved and adopted: This notice is published pursuant to the requirements of Executive Order 11063 on equal opportunity in housing and nondis- crimination in the sale or rental of housing and nondiscrimina- tion in the sale or rental of housing built with Federal assis- tance, and with Title VII of the Civil Rights of 1968, as amend- ed, which prohibits discrimination in the provision of housing because of race, color, religion, sex, or national origin. The City of Blair, Nebraska, advises the public that it will administer its assisted programs and activities relating to housing and community development in a manner to affirmatively further fair housing in the sale or rental of housing, the fi- nancing of housing, and the provision of brokerage services. The City of Blair shall assist individuals who believe they have been subject to discrimination in housing through the re- sources of the Nebraska Civil Rights Commission or the U.S. Department of Housing and Urban Development. The City of Blair has designated the following person as the contact person to coordinate efforts to comply with this policy. Inquiries should be directed to: Rodney Storm, City Administrator 402- 426 -4191 BE IT FURTHER RESOLVED the foregoing Affirmative Fair Hous- ing Policy shall be in effect upon the passage and publication as required by law. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. ATTEST: ALICE 1. DIEDRICHSEN, CITY (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) CLERK BY J OME JENNY OR ALICE I. DIEDRICHSEN, hereby certifies that she is appointed, qualified, and acting City Clerk of the City Nebraska, and that the above and foregoing Resolution passed and adopted at a regular meeting of the Mayor Council of said City held on the 14th day of December, the duly of Blair, was duly and City 1993..1s1 , doj ALICE I. DIEDRICHSEN, CITY CLERK e RESOLUTION NO. 1993- tin COUNCILMEMBER Real ph INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been granted a Community Development Block Grant through the Department of Economic Devel- opment, State of Nebraska; and, WHEREAS, a condition of said grant is the certification of an Administrative Policy Statement on excessive force as set forth herein; and, WHEREAS, it is necessary to comply with the requirements of Section 519 of the Department of Veteran Affairs and Housing and Urban Development and Independent Agencies Appropriation Act of 1990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the following Administrative Policy is hereby adopted: The City of Blair does hereby state that it will do every- thing within its local legislative power to enforce and prohibit the use of excessive force by law enforcement agencies working within its jurisdiction or under the control of this legislative body against any individual(s) engaged in nonviolent civil rights demonstrations. BE IT FURTHER RESOLVED the foregoing Administrative Policy Statement on excessive force shall be in effect upon the passage and publication hereof as required by law. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long,Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. ATTEST: ALICE - I. - DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss CITY • BLAIR, NEBRAS BY / ���� .` JE JENNY, MAYO 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 14tlday of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 61 COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been granted a Community Development Block Grant through the Department of Economic Devel- opment, State of Nebraska; and, WHEREAS, a condition of said is the adoption of an Adminis- trative Policy Statement on the use of excessive force; and, WHEREAS, it is necessary to comply with the requirements of Section 519 of the Department of Veteran Affairs and Housing and Urban Development and Independent Agencies Appropriation Act of 1990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the following Excessive Force Certification is hereby adopted: The City of Blair has adopted and will enforce a policy to prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in non- violent civil rights demonstrations. BE IT FURTHER RESOLVED the foregoing Excessive Force Cer- tification shall be in effect upon the passage and publication hereof as required by law. COUNCILMEMBER RPalnh MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS of , Fay, Kros, Long, . Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) CITY BLAIR, NEB: SKA BY J ME JENNY, O 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 14 thday of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1993- 62 COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, LB757 enacted by the Nebraska Unicameral in 1993 requires all public employers to establish a Safety Committee. NOW, THEREFORE, BE IT' RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, a Safety Committee be created and is hereby established. Said Committee shall adopt and maintain an effective written injury prevention program. Said Safety Committee shall consist of six members and shall be composed of an equal number of members representing employees and the employer. The employee members of said Safety Committee shall not be selected by the employer but shall be selected pursuant to pro- cedures prescribed in rules and regulations adopted and promul- gated by the Commissioner of Labor of the State of Nebraska. The employee members of said Safety Committee shall be compensated at their regular hourly wage plus their regular benefits while said employee members are attending committee meetings or otherwise engaged in committee duties. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF DECEMBER, 1993. CITY OF BLAIR, NEB BY J : y0ME�°yJENNY, 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 14th day of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK u . 1i 1 11111 11Ill$YII COUNCILMEMBER RYAN RESOLUTION NO. 1993- 63 INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Paving District No. 150, Sanitary Sewer District No. 47, and Water Extension District No. 28 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Paving District no. 150, Sanitary Sewer Exten- sion District No. 47, and Water Extension District No. 28 have been specially benefited by said improvements in the amounts as shown on said schedules as changed, and the amounts shown on said schedules as changed do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Paving District No. 150, Sanitary Sewer District No. 47, and Water Extension District No. 28. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due fifty (50) days after the date of passage of this Resolution levying special assessments, and may be paid within said time without interest, but any installment not paid by said date shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Paving District No. 150, Sanitary Sewer Extension District No. 47, and Water Extension District No. 28 shall become delinquent in ten (10) equal installments as follows: 1 /10th — February 15, , 1994 1 /10th - one year from date hereof 1 /10th - two years from date hereof 1 /10th - three years from date hereof 1 /10th - four years from date hereof 1 /10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1 /10th - eight years from date hereof 1 /10th - nine years from date hereof. SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certi- fied by the City Clerk to the Treasurer of the City for collec- tion. SECTION 4. The schedules of proposed assessments with any changes therein as heretofore directed by this Board shall be attached to and made a part of the minutes of this meeting and are hereby made a part of this Resolution as if fully stated herein. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER MINES UPON ROLL CALL, COUNCILMEMBERS ABBOTT, FAY. LONG. MINES. REALPH. RYAN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF DECEMBER, 1993. ATTEST: CITY OF BLAIR, NEBRASKA BY _� / - �r� Jl' OME JENNY, OR 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 28th day of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK • J STREET INPROVENENT DISTRICT NO. 150 City of Blair, Nebraska SCNEFPLER'S SUBDIVISION CONSTRUCTION $ 54,200.20 ENGINEERING 6,730.00 TESTING CONCRETE CYLINDERS 72.60 PUBLICATION OF NOTICE TO CREATE DISTRICT 99.75 PUBLICATION OF ORDINANCE CREATING DISTRICT 45.36 PUBLICATION FOR NOTICE TO BIDDERS 12.04 TOTAL COSTS $ 61,159.95 LESS CITY PORTION: ( 132 Sq.Yds. Concrete @ $21.00 per Sq. Yd. _ LESS 20% Prepayment as per Developer's Agreement e TOTAL ASSESSMENTS TO DISTRICT Assessment oer Lot: Lot 1 $ 7,785.06 Lot 2 7,785.06 Lot 3 7,785.06 Lot "4 23,355.18 < 2,772.00> $ 58,387.95 < 11,677.59> $ 46,710.36 OWNER James, and Eunice Scheffler A S S E S S M E N T S C H E D U L E STREET IMPROVEMENT DISTRICT NO. 150 SCHEFFLER'S •SUBDIVISION BLAIR, NEBRASKA LEGAL DESCRIPTION AMOUNT Lot 1, Scheffler's Subdiv- ision in the City of Blair, Washington County, Nebraska James, and Eunice Lot 2, Scheffler's Subdivi- Scheffler sion in the City of Blair, Washington County, Nebraska James, and Eunice Lot 3, Scheffler's Subdivi- Scheffler sion, in the City of Blair, Washington County, Nebraska. James, and Eunice Lot 4, Scheffler's Subdivi- Scheffler sion, in the City of Blair, Washington County, Nebraska $ 7,785.06 7,785.06 7,785.06 23,355.18 TOTAL ASSESSMENTS = $ 46,710.36 WATER DISTRICT NO. 28 CITY OF BLAIR, NEBRASKA SCHEFFLER'S SUBDIVISION CONSTRUCTION $ 6,450.00 ENGINEERING 855.00 PUBLICATION OF NOTICE TO CREATE DISTRICT 50.17 PUBLICATION FOR NOTICE TO BIDDERS 7.18 TOTAL COSTS = $ 7,362.35 Less 20 Z Prepayment as per Developer's Agreement = < 1,472.47 > TOTAL ASSESSMENT TO DISTRICT = $.5,889.88 OWNER LEGAL DESCRIPTION AMOUNT James, and Eunice Lot 1, Scheffler's Subdivi- $ 981.65 Scheffler sion, in the City of Blair, Washington County, Nebraska. James, and Eunice Lot 2, Scheffler's Subdivi- $ 981.64 Scheffler sion, in the City of Blair, Washington County, Nebraska. James, and Eunice Lot 3, Scheffler's Subdivi- $ 981.65 Scheffler sion, in the City of Blair, Washington County, Nebraska. James, and Eunice Lot 4, Scheffler's Subdivi- $2,944.94 Scheffler sion, in the City of Blair, Washington County, Nebraska. TOTAL ADDESSMENT TO DISTRICT + $ 5,889.88 A S S E S S M E N T S C H E D U L E WATER DISTRICT NO. 28 SCHEFFLER'S SUBDIVISION BLAIR, NEBRASKA SANITARY SEWER DISTRICT NO. 47 CITY OF BLAIR, NEBRASKA SCHEFFLER'S SUBDIVISION CONSTRUCTION $ 9,096.25 ENGINEERING 1,357.50 PUBLICATION OF NOTICE TO CREATE DISTRICT 52.19 PUBLICATION FOR NOTICE TO BIDDERS 7.18 TOTAL COSTS = $10,513.12 LESS 20 Z Prepayment as per Developers Agreement < 2,102.62 > TOTAL ASSESSMENT TO DISTRICT = $ 8,410.50 James, and Eunice Scheffler James, and Eunice Scheffler James, and Eunice Scheffler James, and Eunice Scheffler A S S E S S M E N T S C H E D U L E SCHEFFLER'S SUBDIVISION BLAIR, NEBRASKA OWNER LEGAL DESCRIPTION AMOUNT Lot 1, Scheffler's Subdivi- $ 1,401.75 sion, in the City of Blair, Washington County, Nebraska. Lot 2, Scheffler's Subdivi- $ 1,401.75 sion, in the City of Blair, Washington County, Nebraska. Lot 3, Scheffler's Subdivi- $ 1,401.75 sion, in the City of Blair, Washington County, Nebraska. Lot 4, Scheffler's Subdivi- $ 4,205.25 sion, in the City of Blair, Washington County, Nebraska. TOTAL ASSESSMENTS = $ 8,410.50 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1993- 64 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class D Spir- its, Wine, and Beer Off Sale Only Liquor License for Loyal's Foodland, Inc. 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 MINES MOVED THAT THE RESOLUTION BE ADOPTED A$ WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS 7A13}31317, FAY, TONG,11TICIES, AND RYAN VOTING "AYE" AND COUNCILMEMBERS Councilman Realph VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY DECEMBER, 1993. ATTEST: (SEAL) ALICE I.._DIEDRICHSEN, CITY CLERK CIT F BLAIR, NEB BY.^ 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 at a regular meeting of the Mayor and City Council of said City held on the 28th day of December, 1993. ALICE I. DIEDRICHSEN, CITY CLERK