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1994
RESOLUTIONS - 1994 1. Local Govn't Miscellaneous Exp. Act 4026 2. Developer's Agreement - Ridgeview 4033 3. Abandonment of road for Cargill 4036 4. State of BE Maintenance Agreement No. 6 4039 5. Sale of Water to Cargill 4041 6. Create project for Bus. Impr. District 4041 7. Developer's Agreement with Evergreen Bluff 4041 8. Dedication to Bob Hardy 4Q43 9. Short term loan with FirsTier for landfill 4046 closure 10. 1994 One and Six year plan 4046 11. Lottery /Keno to be put on ballot 4046 12. Creation of Paving District No. 152 4050 13. Small Cities Community Dev. Block Grant Program 4054 14. Parking on Adams Street 4054 15. School speed zone on Highway 91 4054 16. Purchase of land from Leslie Miller 4060 17. Smoking ban in Municipal buildings 4060 18. Interim financing for water line to industrial site 4066 19. Developer's Agreement for Southfork 4073 20. No parking in cul -de -sac less than 62.5'ROW 4070 21. Board of Equalization date set for Arbor Hgt. 2st 4071 22. Assessments for Arbor Heights 1st Addition 4074 23. Stop Sign at 4th & River Road 4075 24. Restate Police Pension Plan 4075 25. Agreement with State for Beacon by West School 4077 26. Agreement with State & CNWRF 4081 27. Change in Campground rules reg. stay limits 4081 28. Prohibiting grass & leaves being deposited in 4086 a licensed solid waste landfill 29. Construction easement with W. Mundorf 4086 30. Approving budget for FY 94 -95 4089 31. Final agreement with Big Red Keno 4091 32. No parking on west side of 28th Avenue 4091 33. Naming of Jensen St. between 66 Heights & Arbor 4091 34. Class C Liquor license for Terry Matzen dba Dinkly's 4092 35. Developer's Agreement for Adamson's Ridgemark Add. 4098 36. Stop Sign at Riverview Dr. & Blane St. 4100 37. Stop Sign at Arthur & Slane Streets 4102 38. Agreement St Dept of Roads Controllers 16 -17th 4102 39. Southfork, Dedication ROW & Easement Catholic Church 4103 40. Amending CDBG Budget 4106 41. Corner Retreat Keno operator 4106 42. Loyals Foodmart Keno operator 4106 43. Blair's Keno Parlor operator 4106 44. Policy of use /rental of Council Chambers 4107 45. Approval of Sludge Management Study 4108 46. No Parking Sign 22nd & Nebraska St. 4109 47. Rescind No Parking 25- Wash.,25- Lincoln, 25 -Elm Dr and replace with Yield signs 4109 48. Approve Assessments, Wa & St for Evergreen Bluffs 4113 49. Agreement with Dept of Roads 4115 50. Stop Signs Pheasant Circle and Clark Street 4118 51. Approving Interlocal Agreement SID 4 Wash.Cty 4119 52. Approval of Class C Liquor License for Stuva (Blue R)4122 53. Extend Cable TV Franchise to 1 -15 -95 4122 RESOLUTION NO. 1994- COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska Unicameral adopted the Local Govern- ment Miscellaneous Expenditure Act (LB 734, 1993), hereinafter referred to as "the Act;" and, WHEREAS, the Act provides for the formal adoption of the uniform policy concerning certain expenditures by the city gov- ernment covered by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the "Policy Concerning Expenditure of Public Funds For Certain Purposes," marked as Exhibit "A," at- tached hereto, and incorporated herein by reference is hereby adopted in accordance with the Act. SECTION 2. That all policies or resolutions in conflict herewith are hereby repealed. SECTION 3. This resolution shall be effective upon its passage and 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. Fay. Kros. Luna. Mines. Realph. and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11thDAY OF JANUARY, 1994. CITY OF BLAIR, NEBRASKA BY 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 11th day of January, 1994. • 95J, a Alf ALICE' I. DIEDRICHSEN, CITY CLERK 4 EXHIBIT "A" POLICY CONCERNING EXPENDITURE OF PUBLIC FUNDS FOR CERTAIN PURPOSES 1. ATTENDANCE AT CONFERENCES AND MEETINGS a. The actual and necessary expenses incurred by elected and appointed officials, employees, and volunteers of the City at educational workshops, conferences, training programs, official functions, hearings and meetings, whether incurred within or outside the City of Blair shall be paid or reimbursed to the respective official, employee, or volunteer so long as such payment or reimbursement is in accordance with this policy. authorized expenditures include: (1) Registration costs, tuition costs, fees, and charges. (2) Mileage at the rate of 20 cents per mile for trips outside of the City of Blair made by personal automobile at the convenience of the city government, mileage at the prevailing rate established by the transportation services bureau of the State of Nebraska Department of Administrative Services for trips made by personal automobile primarily at the convenience of the respective officer, employee or volunteer, and actual travel expense if travel is authorized by commercial or charter means. Funds expended for parking shall be eligible for reimbursement in addition to mileage. All travel by commercial or charter means shall be documented by vouchers or receipts. (3) Meals and lodging based upon a fully itemized claim and submitted substantiating the costs actually incurred and such additional expenses are expressly approved by the City Council. b. Authorized expenditures shall not include expenditures for meals of paid members of the City Council while such members are attending a public meeting of their respective governing body unless such meeting is a joint public meeting with one or more of other governing bodies. c. All registration and reservations for lodging and air travel by elected officials will be made through the Administra- tor's office. d. When a claim is presented for payment that includes the expenses of more than one individual, then the names of those individuals who incurred the expenses must appear on the voucher or receipt. e. The annual budget for each fiscal year may include funds for three councilmembers to attend, by their choice, either one of the two national conferences sponsored by the National League of Cities. Councilmembers will be eligible to attend on a rotat- ing basis by order of seniority and should indicate their inten- tions to the City Clerk prior to October 1st. For example, the L 1 11 11 JkF 111 1 1 u11 •m 1..641114Y ,....0 WmIUYA., three councilmembers with the longest service for the City, as councilmembers, will be eligible to attend during the first year. If a councilmember eligible during a particular year is unable or chooses not to attend a national conference that year, the coun- cilmember next on the list will be notified that he or she is eligible to attend. A councilmember who opts not to attend will not lose his or her relative position and would remain eligible to attend a national conference the following year. When two or more councilmembers have the same length of service, the names of the members will be placed in a container and their seniority will be based on the order that they are drawn with the first name being declared to have seniority for the purposes of this policy. f. All elected and appointed official, employees, and volunteers must request in writing the approval of the City Council to attend educational workshops, conferences, and train- ing programs when not budgeted for in order for expenses to be paid by the City in accordance with this policy. The request shall include the dates, location of meeting, purpose, and expen- diture required. g. The expenditure of funds for the payment or reimburse- ment of actual and necessary expenses incurred by elected and appointed officials, employees, or volunteers and educational workshops, conferences, training programs, official functions, hearings or meetings, whether incurred within or outside the City of Blair that is not specifically covered by this policy may be authorized by a formal vote of the City Council so long as such expenditure complies with the requirements of state law. 2. BEVERAGES AT MEETINGS The expenditure of funds for nonalcoholic beverages provided to individuals attending public meetings of the City Council is authorized. 3. RECOGNITION DINNER The expenditure of funds is authorized for one recognition dinner each year held for elected and appointed officials, em- ployees, and volunteers of the City. The maximum cost per person for such dinner shall be $15.00. 4. EMERGENCY AND VOLUNTEER SERVICES. a. The expenditure of funds for nonalcoholic beverages and meals is authorized any individuals while performing or imme- diately after performing relief, assistance, or support activi- ties in emergency situations including but not limited to torna- do, severe storm, severe snowstorm, flood, fire, or accident. 1 1111. I �i 11 1 11 I11.11,. l e.11 1411 111 11 11 b. The expenditure of funds for nonalcoholic beverages and meals for any volunteers during or immediately following their participation in any activity approved by the City Council, including but not limited to mowing parks, picking up litter, removing graffiti, or snow removal is authorized. 5. PLAQUES, CERTIFICATES OF ACHIEVEMENT OR ITEMS OF VALUE AWARD- ED. The expenditure of funds for plaques, certificates of achievement, and items of value awarded to elected or appointed officials, employees or volunteers, including persons serving on local government boards or commissions is authorized. The maxi- mum dollar limit on the value of any item to be awarded is $50.00 provided, however, the following maximum dollar limit shall apply toward the purchase of gifts for terminating employees of the City based upon the number of years of full time employment for the City of Blair: Years of Maximum Employment Dollar Limit 10 years 15 years 17 years 20 years 25 years 30 years 35 years 6. EXPENSES OF SPOUSES. $ 50.00 $ 75.00 $ 100.00 $ 125.00 $ 150.00 $ 200.00 $ 250.00 The expenditure of funds to pay for any expenses incurred by a spouse of an elected or appointed official, employee, or volun- teer is prohibited unless the spouse if also an elected or ap- pointed official, employee, or volunteer of the City of Blair. 1 Il Itl hlll lIII I J . 1 1 11 II 1 l 11 11l1 ul 11 RESOLUTION NO. 1994- 2 COUNCILMEMBER INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with an Agree- ment in the standard form acceptable to the City with Marc F. Gengenbach, Karen R. Gengenbach, Ridgeview Estates, a partner- ship, Edward C. Young, W. Eugene Flynn, Kathleen O. Flynn, Thomas L. Flynn, Betty L. Flynn, Adrian C. Flynn, B. Jean Flynn, and Federal Land Bank of Omaha, for the creation of Ridgeview Es- tates, an addition to the City of Blair, Washington County, Nebraska. WHEREAS, the terms and conditions of the agreement are ac- ceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the Developers Agreement referred to hereinabove 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 Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Fay UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Lone. Mines. RealDh. and Shntwa11 VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF FEBRUARY, 1994. CITY OF BLAIR, NEBRASKA BY ;�llY.,6 „-�. - • X .. ��� - �--� J ME JENNY, MA 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 8 th day of February, 1994. ALICE I. DIEDRICHSEN, CITY CLERK DEVELOPER'S AGREEMENT This agreement made this 28th day of February, 1994, by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Marc F. Gengenbach, Karen R. Gengenbach, Ridgeview Estates, a partnership, Edward C. Young, W. Eugene Flynn, Kath- leen O. Flynn, Thomas L. Flynn, Betty L. Flynn, Adrian C. Flynn, B. Jean Flynn, and Federal Land Bank of Omaha, hereinafter re- ferred to as "Developers." WHEREAS, Developers propose to develop the real estate described as follows: TAX LOTS 44, 45, 47, 59, AND PART OF TAX LOT 60 LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 1; THENCE N 0 DEGREES 11'14" W (ASSUMED BEARING) ALONG THE EAST LINE OF SAID SW1 /4 OF SECTION 1, A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE OF THE SW1 /4 OF SECTION 1 AND THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY LINE OF ADAMS STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N 89 DEGREES 59' 33" W ALONG SAID NORTH RIGHT -OF -WAY LINE OF ADAMS STREET AND THE EASTERLY EXTENSION THEREOF, SAID LINE ALSO BEING THE SOUTH LINE OF TAX LOT 59 AND THE EASTERLY EXTENSION THEREOF, A DISTANCE OF 609.97 FEET TO THE SOUTHEAST CORNER OF TAX LOT 17, A TAX LOT LOCATED IN SAID SW1 /4 OF SECTION 1, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID TAX LOT 59; THENCE N 00 DEGREES 00' 27" E ALONG THE EAST LINE OF SAID TAX LOT 17, A DISTANCE OF 107.00 FEET TO THE NORTH- EAST CORNER OF SAID TAX LOT 17; THENCE N 89 DEGREES 59' 33" W ALONG THE NORTH LINE OF SAID TAX LOT 17 AND ALSO ALONG THE NORTH LINE OF TAX LOT 66, 65, 18, AND 19, TAX LOTS LOCATED IN SAID SW1 /4 OF SECTION 1, SAID LINE ALSO BEING THE SOUTH LINE OF SAID TAX LOT 47, A DISTANCE OF 708.36 FEET TO THE NOxxtswtiST CORNER OF SAID TAX LOT 19, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID TAX LOT 47, SAID CORNER ALSO BEING A POINT ON THE WEST LINE OF THE SE1 /4 OF SAID SW1 /4 OF SECTION 1; THENCE N 00 DEGREES 18' 15" W ALONG THE WEST LINE OF SAID TAX LOT 47 AND 60, SAID LINE ALSO BEING SAID WEST LINE OF THE SE /14 OF SW1 /4 OF SECTION 1, A DISTANCE OF 807.31 FEET; THENCE N 38 DEGREES 20' 53" E, A DIS- TANCE OF 219.84 FEET; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 620.00 FEET A DISTANCE OF 6.49 FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS S 51 DEGREES 57' 07" E A DISTANCE OF 6.49 FEET; THENCE N 37 DEGREES 44' 54" E A DISTANCE OF 135.00 FEET; THENCE S 56 DEGREES 27' 38" E A DISTANCE OF 71.19 FEET; THENCE S 64 DEGREES 52' 43" E A DISTANCE OF 71.19 FEET; THENCE S 73 DEGREES 17' 48" E A DISTANCE OF 71.19 FEET; THENCE S 78 DE- GREES 13' 08" E A DISTANCE OF 79.22 FEET; THENCE S 78 DEGREES 14' 54" E A DISTANCE OF 478.40 FEET; THENCE S 10 DEGREES 13' 07" W A DISTANCE OF 134.87 FEET; THENCE EASTERLY ON A CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET, A DISTANCE OF 162.44 FEET SAID CURVE HAVING A LONG CHORD WHICH BEARS S 89 DEGREES 05' 20" E A DISTANCE OF 161.73 FEET; THENCE EASTERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF 350.00 FEET, A DISTANCE OF 50.14 FEET, SAID CURVE HAVING A LONG CHORD WHICH BEARS N 85 DEGREES 42' 30" E A DISTANCE OF 50.10 FEET; THENCE N 89 DEGREES 48' 46" E A DISTANCE OF 170.00 FEET TO A POINT ON THE EAST LINE OF SAID TAX LOT 60, SAID POINT ALSO BEING A POINT ON SAID EAST LINE OF THE SW1 /4 OF SECTION 1; THENCE S 00 DEGREES 11' 14" E ALONG SAID EAST LINE OF TAX LOT 60, SAID LINE ALSO BEING SAID EAST LINE OF THE SW1 /4 OF SECTION 1 A DISTANCE OF 855.00 FEET TO THE POINT OF BEGINNING. and have submitted a preliminary plat to the Planning Commission and a final plat of Ridgeview Estates 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, NOW, THEREFORE, in consideration of the mutual covenants and 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 Ridgeview Estates as such final plat or phases thereof 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. The specifications and terms and conditions of the contracts shall be determined and established in the sole and absolute discretion of 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 to be applied to construction costs, the balance of eighty percent (80 %) shall be assessed to the property within the district. In the event said surety bond or cash deposit exceeds said twenty percent (20 %), Blair shall remit the balance to Developers unless otherwise directed by the De- velopers. In the event the surety bond or cash deposit is less than twenty percent (20 %) of the actual construction cost, De- velopers 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, who may have or claim an interest in or an encumbrance or lien upon the above described real es- tate, 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. Developers hereby request and consent to annexation of the subdivision into the corporate boundaries of the City of Blair and request said property be zoned RM - Residential Medium Density District. 7. 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. 8. 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. Marc G ngenba0 Edward C. Young ( Karen Gengenbach Ridgeview Estates Partnership r W. Eugene Fl Thomas L. Flynn t/ Adrian C. Flynn ATTEST: By L6 / f. -.Pgo..-P -4 .46.1...4.44 r By Alice I. Diedrichsen, J City Clerk I _..LLL1 .! i thleen O. Flynn Betty L Flynn Federal Land Bank of Omaha Its duly authorized officer. City . • Blair, Nebraska COUNCILMEMBER Kros RESOLUTION NO. 1994- 1 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Washington County, Nebraska, approved and adopted a Resolution on January 25, 1994, approving the request of Cargill, Incorporated, that Washington County, Nebraska, abandon a portion of the county roads described as follows, to -wit: that part of County Road P135 that lies in the Southeast Quarter of the South- east Quarter of Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, more particularly described as follows: Beginning at a point on the centerline of County Road P -135 as traveled where said centerline intersects the westerly extension of the South line of Tax Lot 166 and 67 feet north of said intersection line, which shall be the point of beginning, thence south along said County Road P135 centerline to the intersection of the centerline of County Road Number 322; ind that part of County Road 322 that is described as follows: All that part of County Road Number 322 running along the section line between Sections 7 and 18, and running along the Section line between Sections 8 and 17, all lying in Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, which lies East of the Quarter Corner common to said Sections 7 and 18; and, Whereas, Washington County, Nebraska, has requested the approval thereof by the City of Blair; and, Whereas the City has no objection to and approves said vacation and /or abandonment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) )s s of the City of Blair, Nebraska, that the abandonment of the road as described hereinabove by Washington County, Nebraska, is hereby approved by the City of Blair. COUNCILMEMBER Qhhott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER $r UPON ROLL CALL, COUNCILMEMBERS .b,rt, Fay, Krns, T.nng, Mines, Realph and ShntmP11 VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS8th DAY OF FEBRUARY, 1994. CIT • BLAIR, NEBRAS BY f ..a /r/s. J r JENNY, MAYO de ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 8th day of February, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- !7 BE IT RESOLVED BY THE WASHINGTON COUNTY BOARD OF SUPERVISORS, WASHINGTON COUNTY, NEBRASKA: WHEREAS, on or about GY -4,44 r -, , 1993, a petition was filed by Cargill, Inc. requesting the vacation and abandonment of a portion of the County roads described as follows, to -wit: that part of County Road P135 that lies in the Southeast Quarter of the Southeast Quarter (SE1 /4 SE1 /4) of Section Seven (7), Township Eighteen (18) North Range Twelve (12), East of the 6th P.M., Washington County, Nebraska, more particularly described as follows: Beginning at a point on the centerline of County Road P -135 as traveled where said centerline intersects the westerly extension of the South Line of Tax Lot 166 and 67 feet north of said intersection line, which shall be the point of beginning, thence south along said County Road P135 centerline to the intersection of the centerline of County Road Number 322; and that part of County Road 322 that is described as follows: All that part of County Road Number 322 running along the section line between Sections Seven and Eighteen (7 and 18), and running along the Section line between Sections 8 and 17, all lying in Township Eighteen (18) North, Range Twelve (12) East of the 6th P.M. Washington County, Nebraska, which lies East of the Quarter Corner common to said Sections 7 and 18; WHEREAS, on or about January 11, 1994, the Washington County Board of Supervisors held a public hearing at which input was taken from the public in regard to the vacation and /or abandonment of said County roads; provided further that representatives of Cargill, Inc. were present and requested that the County roads be vacated and abandoned; further that the road revert to private ownership. No parties were present to object to the vacation or abandonment of said County roads. WHEREAS, it was determined that a portion of County Road 322 is a Township road, and that it is necessary to first offer to relinquish said road to Township No. 2, before said road can be vacated and /or abandoned;thermore that the City of Blair, Nebraska, shall also be notified of the request to vacate and /or abandon said County roads, and approval thereof shall be obtained prior to such vacation and /or abandonment„ BE IT RESOLVED THAT, the Washington County Clerk is hereby authorized and directed to notify Township No. 2 in writing of the offer of Washington County, Nebraska, to relinquish that portion of County Road 322 described hereinabove unto said Township No. 2, subject to the condition that Washington County, Nebraska, shall reserve the right to reopen said road at a future date; furthermore, that said written notification shall state that Township No. 2 has four (4) months to petition the County Board to relinquish unto said Township that part of County Road 322 described hereinabove. RESOLVED FURTHER THAT the Washington County Clerk is hereby authorized and directed to notify the City of Blair, Nebraska, in writing of the intent of Washington County, Nebraska, to abandon County Road 322 and P135, as described hereinabove, and request that approval of the City of Blair, Nebraska, be given for said abandonment, with such abandonment to be made upon the following conditions: 1. THAT the Petitioner, Cargill, Inc. shall execute and deliver to Washington County, Nebraska, a written agreement, in a form satisfactory to Washington County, Nebraska, in which the Cargill, Inc. agrees to be responsible for the maintenance and upkeep of those abandoned portions of County Road 322 and P135, as specifically described hereinabove, and shall also assume and hold Washington County, Nebraska, harmless from any claims, cause of action or liability arising out of the use, misuse, maintenance, or upkeep of said abandoned roads. 2. THAT Cargill, Inc. shall dedicate a public right -of -way for a cul -de -sac on a tract of land located in the NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18 TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE SIXTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 18; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18 S89 50'53 "E (ASSUMED BEARING) 20.00 FEET; THENCE SO 09'07 "W, 100.00 FEET; THENCE N89 51'07" 125.00 FEET; THENCE NO 08'53 "E, 67.00 FEET- TO THE SOUTHERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 322; THENCE ALONG SAID RIGHT -OF -WAY S89 51'07 "E, 105.00 FEET; THENCE NO 09'07" E, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS .21 ACRES MORE OR LESS. 3. THAT Cargill, Inc. shall dedicate a public right -of -way for a cul -de -sac on a tract of land located in TAX LOT ONE HUNDRED SIXTY -SEVEN (167), SECTION SEVEN (7), TOWNSHIP EIGHTEEN (18) NORTH, RANGE TWELVE (12), EAST OF THE SIXTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TAX LOT 166, SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF SAID TAX LOT 166 N89 58'01 "W (ASSUMED BEARING), 80.00 FEET; TO THE WEST RIGHT -OF -WAY OF INDUSTRIAL ROAD (CO. ROAD P135); THENCE ALONG SAID RIGHT -OF -WAY NO 34'06 "E, 69.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY N0 34'06 "E, 148.37 FEET; THENCE S44 36 "W, 45.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 118 14'25", THENCE ALONG SAID CURVE 144.46 FEET HAVING A CHORD OF S14 31'13 "E, 120.15 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS .12 ACRES MORE 0$,,LESS. APPROVED AND ADOPTED THIS p DAY OF 24444y , 1994. WASHINGTON COUNTY BOARD OF SUPERVISORS WASHINGTON COUNTY, NEBRASKA N LUTZ, GiAIN QUENTIN QUIST HARRIS VOGT KENT WILCOX COUNTY CLERK WESLEY PETZNICK EMMETT ROGERT DUANE WILCOX 542334 � �� ;rs . ::': DRIVE TO 7ERR�t z ;.;,:- .s�� :` %to. c �:- r._r:i = "•;:, - --- 'INTERNATI • • . h = .. r r ; _� _- _ -�:; - :,.' ° 14:: j » :_ : _ : :.... . ......... .. ONAL^' ARGILL, INC,1: ROPERTY Lfrd t r 1 I i I , s, 1 ..,..._ Vii. 1 Y .- . 1... ..................1.42::::::::::: ::•4' _... 7'1 t 1: I V N 1850D+ y PROPOSED CO. RD. CLOSURE — — NE RD. 322 = 1375' P135 = 760' 4 predwit no. 10363 dot. DEC. '93 • 4 proles • r : -I at.nt CARGILL.INC. PROPOSED COUNTY ROAD CLOSURE r • • ,w .i I. • ( r i ie = M W W. drawn designod approved ti gl 1 .I 14 :, • It 1 "' - " `• ' SITE ACCESS ROAD GARGILL OFFICE SITE • 1=1-011.:11111:1114:11ILINI." - .11•11. MN Ili, Mil . 111111118111.1111, NICW: :-4 • I y __,` ;, 1 r -; s i 1 m , 1 4 1 x i • , D I `J s i *. 1 hgm ASSOCIATES INC. MOM mRae7ECIUM SAWING toted Mmf. ameba OSPI city 1 • WASHINGTON COUNTY ROAD DEPARTMENT ALAN D. DOLL. HIGHWAY SUPERINTENDENT P.O. BOX 130 BLAIR, NEBRASKA 68008 -0130 Mr. Rod Storm City Administrator 218 South 16th Street Blair, NE 68008 (402) 426 -6844 January 31, 1994 RE: Road Closure of P135 & 322, near Cargill Plant Dear Rod, Enclosed is a copy of the Resolution adopted by the Washington County Board of Supervisors, which is abandoning portions of County Road No. 135 and Township Road No. 322. The Board retained the right -of -way in both cases and has instructed Cargill Inc. to build a cul -de -sac on both roads. The Board requests official notification of the city of Blair's response to this matter. If you have any questions, please call. Thank you for your time. AAD /cp Enclosures Sincerely, Alan D. Doll Washington County Highway Superintendent COUNTY SUPERVISORS John Lutz Wesley Petznick Quentin Quist Emmett Rogert Harris Vogt Duane Wilcox Kent Wilcox February 1, 1994 City of Blair 218 S 16th St Blair, NE 68008 Attn: Rod Storm RE: County Road 322 and P135 Mr. Storm: Sincerely, Char`.otte L. Petersen WASHINGTON COUNTY County Board of Supervisors Courthouse • 1555 Colfax Street P.O. Box 466 • Blair, Nebraska 68008-0466 Phones (402) 426 -6855 or 426 -6822 CHARLOTTE L. PETERSEN County Clerk KAREN MADSEN • Deputy Enclosed please find a copy of Resolution No. 1994 -3, which was approved at the January 25, 1994, . meeting of the Washington County Board of Supervisors. It is the Board of Supervisors intent to abandon County Road 322 and P135, and request that approval of the City of Blair, Nebraska, be given for said abandonment. Your earliest attention to this matter, would be greatly appreciated. If you have any questions please feel free to call. Thank you. 9 • RESOLUTION NO. 1994- BE IT RESOLVED BY THE WASHINGTON COUNTY BOARD OF SUPERVISORS, WASHINGTON COUNTY, NEBRASKA: WHEREAS, on or about Gf' � PI 29' ^ , 1993, a petition was filed by Cargill, Inc. requesting the vacation and abandonment of a portion of the County roads described as follows, to -wit: that part of County Road P135 that lies in the Southeast Quarter of the Southeast Quarter (SE1 /4 SE1 /4) of Section Seven (7), Township Eighteen (18) North Range Twelve (12), East of the 6th P.M., Washington County, Nebraska, more particularly described as follows: Beginning at a point on the centerline of County Road P -135 as traveled where said centerline intersects the westerly extension of the South Line of Tax Lot 166 and 67 feet north of said intersection line, which shall be the point of beginning, thence south along said County Road P135 centerline to the intersection of the centerline of County Road Number 322; and that part of County Road 322 that is described as follows: All that part of County Road Number 322 running along the section line between Sections Seven and Eighteen (7 and 18), and running along the Section line between Sections 8 and 17, all lying in Township Eighteen (18) North, Range Twelve (12) East of the 6th P.M. Washington County, Nebraska, which lies East of the Quarter Corner common to said Sections 7 and 18; WHEREAS, on or about January 11, 1994, the Washington County Board of Supervisors held a public hearing at which input was taken from the public in regard to the vacation and /or abandonment of said County roads; provided further that representatives of Cargill, Inc. were present and requested that the County roads be vacated and abandoned; further that the road revert to private ownership. No parties were present to object to the vacation or abandonment of said County roads. WHEREAS, it was determined that a portion of County Road 322 is a Township road, and that it is necessary to first offer to relinquish said road to Township No. 2, before said road can be vacated and /or abandoned; furthermore that the City of Blair, Nebraska, shall also be notified of the request to vacate and /or abandon said County roads, and approval thereof shall be obtained prior to such vacation and /or abandonment. BE IT RESOLVED THAT, the Washington County Clerk is hereby authorized and directed to notify Township No. 2 in writing of the offer of Washington County, Nebraska, to relinquish that portion of County Road 322 described hereinabove unto said Township No. 2, subject to the condition that Washington County, Nebraska, shall reserve the right to reopen said road at a future date; furthermore, that said written notification shall state that Township No. 2 has four (4) months to petition the County Board to relinquish unto said Township that part of County Road 322 described hereinabove. RESOLVED FURTHER THAT the Washington County Clerk is hereby authorized and directed to notify the City of Blair, Nebraska, in writing of the intent of Washington County, Nebraska, to abandon County Road 322 and P135, as described hereinabove, and request that approval of the City of Blair, Nebraska, be given for said abandonment, with such abandonment to be made upon the following conditions: 1. THAT the Petitioner, Cargill, Inc. shall execute and deliver to Washington County, Nebraska, a written agreement, in a form satisfactory to Washington County, Nebraska, in which the Cargill, Inc. agrees to be responsible for the maintenance and upkeep of those abandoned portions of County Road 322 and P135, as specifically described hereinabove, and shall also assume and hold Washington County, Nebraska, harmless from any claims, cause of action or liability arising out of the use, misuse, maintenance, or upkeep of said abandoned roads. 2. THAT Cargill, Inc. shall dedicate a public right -of -way for a cul -de -sac on a tract of land located in the NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18 TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE SIXTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 18; THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18 S89 50'53 "E (ASSUMED BEARING) 20.00 FEET; THENCE SO 09'07 "W, 100.00 FEET; THENCE N89 51'07" 125.00 FEET; THENCE NO 08'53 "E, 67.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY OF COUNTY ROAD NO. 322; THENCE ALONG SAID RIGHT -OF -WAY S89 51'07 "E, 105.00 FEET; THENCE NO 09'07" E, 33.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS .21 ACRES MORE OR LESS. 3. THAT Cargill, Inc. shall dedicate a public right -of -way for a cul -de -sac on a tract of land located in TAX LOT ONE HUNDRED SIXTY -SEVEN (167), SECTION SEVEN (7), TOWNSHIP EIGHTEEN (18) NORTH, RANGE TWELVE (12), EAST OF THE SIXTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TAX LOT 166, SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF SAID TAX LOT 166 N89 58'01 "W (ASSUMED BEARING), 80.00 FEET; TO THE WEST RIGHT -OF -WAY OF INDUSTRIAL ROAD (CO. ROAD P135); THENCE ALONG SAID RIGHT -OF -WAY NO 34'06 "E, 69.63 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY NO 34'06 "E, 148.37 FEET; THENCE S44 36'00 "W, 45.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 118 14'25 ", THENCE ALONG SAID CURVE 144.46 FEET HAVING A CHORD OF S14 31'13 "E, 120.15 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS .12 ACRES MORE 0 LESS. APPROVED AND ADOPTED THIS .'$_ DAY OF 412 , 1994. WASHINGTON COUNTY BOARD OF SUPERVISORS WASHINGTON COUNTY, NEBRASKA LUTZ , etidagAN QUENTIN QUIST HARRIS VOGT KENT WILCOX ATTEST: C i OTTE L PETERSEN COUNTY CLERK WE EY PETZNICK §MMMETT ROGERT DUANE WILCOX Dear Mr. Doll, Sincerely, February 9, 1994 Alan D. Doll Washington County Road Superintendent P. 0. Box 130 Blair, Ne 68008 Enclosed please find a copy of the City of Blair Resolution No. 1994 -3 as passed by the City Council on February 8, 1994 at their regular meeting. This is in response to your letter of January 31, 1994 re- garding Road Closure of P135 & 322. Thank you for you attention to this letter. (a Alice I. Diedrichsen, CMCIAAE City Clerk copy: Charlotte Petersen, County Clerk copies enclosed to both City of Blair 218 South 16th Blair, Nebraska 68008 402-426-4191 APTt ST : RESOLUTION NO. 1994- 4 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with State Roads Maintenance Agreement No. 6 extending the agreement between the City of Blair and State of Nebraska, Department of Roads, for certain maintenance of state roadways by the City of Blair within its corporate limits, and said agreement 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 State Roads Maintenance Agreement No. 6 referred to hereinabove is hereby approved and accepted. BE IT FURTHER RESOLVED the Mayor and City Clerk of the municipality are authorized to execute said agreement on behalf of the City. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Long, Mines, Realph and Shotwell VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF FEBRUARY, 1994. 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 22nd day of February, 1994. a ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- c COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with an Agree- ment for the sale of water to Cargill, Incorporated, a copy of said Agreement being attached hereto marked Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A," and by this reference made a part hereof as though fully set forth herein is hereby approved by the municipality, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER ,Abhntt MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER __Mines . UPON ROLL CALL, COUNCILMEMBERS Abbott. Fay, tnng,_mi nc.c P 1ph and Shotwe" VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF FEBRUARY, 1994. ATTEST: CITY OF BLAIR, NEBRASKA (?&e a / .tom A ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF'NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 22nd day of February, 1994. ai l; c_lig ALICE I. DIEDRICHSEN, CITY CLERK ESTOPPEL AGREEMENT This Estoppel Agreement is made and entered into this 2nd day of May , 1994 , by and between the City of Blair, Nebraska, a city of the first class of the State of Nebraska (the "City ") and Cargill, Incorporated, a business corporation organized under the laws of the State of Delaware ( "Cargill"), WITNESSETH: WHEREAS, the City owns and operates a system of waterworks and water supply (as now existing or hereafter extended and improved, the "Water System ") which serves the City and its inhabitants as well as customers in the area surrounding the City and is willing to expand the Water System to meet the needs of Cargill as one of its customers whose premises are situated outside the corporate limits of the City; WHEREAS, Cargill is in the process of providing for the construction of a new grain processing facility located on that real estate located in Washington, County, Nebraska, which is described on Exhibit A hereto attached (such site and all improvements located thereon are herein referred to as the "Cargill Plant "); WHEREAS, the City and Cargill wish to set forth their respective understandings related to the Water System and the Cargill Plant and the actions to be taken in reliance upon such understandings by each such party; NOW THEREFORE, the City and Cargill do hereby set forth their respective understandings, actions to be taken in reliance and acknowledgements as follows: Section 1. City's Understandings with Respect to Cargill Plant. The City shall provide service to Cargill and the Cargill Plant on the same general basis as applies for its other customers, within and without the City, with the understanding that Cargill shall constitute the City's sole large industrial customer (requiring available peak capacity in excess of three million (3,000,000) gallons per day), as of the time of the execution of this Estoppel Agreement. Water service shall be provided to Cargill and Cargill shall pay for water service based upon metered usage at the applicable rate or rates established by the Mayor and Council of the City from time to time in City rate ordinances. The City shall provide initial service to the Cargill Plant in accordance with the schedule set forth on Exhibit B hereto attached. The City believes that such initial service can be fully met from the existing plant capacity of the Water System, all as constructed and acquired prior to any decision on the part of Cargill with respect to the location of the Cargill Plant in Washington County. Both the City and Cargill understand and acknowledge that such existing plant and any and all indebtedness with respect thereto shall not in any way be affected by the terms of this Estoppel Agreement. The City further understands that the Cargill Plant, as and when it becomes operational, will require expansion of the Water System's capacity sufficient for the Water System to be able to provide not less than 3 million gallons per day of peak capacity available for the Cargill Plant. In order to provide such increased capacity, the City will construct the additional improvements to its Water System described on Exhibit C hereto attached (the "1994 Improvements ") . The City hereby declares that it will undertake and complete with due diligence the construction of the 1994 Improvements so that there shall be available at least 3 million gallons per day of peak capacity available for the Cargill Plant upon request by Cargill. Section 2. Cargill's Understanding with Respect to Water System. Cargill understands that the City in making the 1994 Improvements and incurring the costs for the same shall be acting in reliance upon the undertaking set forth in this Section 2. Cargill hereby undertakes that it shall purchase all of the water required for the Cargill Plant from the Water System and that it shall not, directly or indirectly, provide for the obtaining of such requirements from any other source, public or private, including the construction of its own system, for such purposes, unless the City shall fail to provide sufficient water (as to both quantity and quality meeting state and federal requirements as to potability) as determined by Cargill, in which case Cargill shall be free to obtain water from any source as it deems appropriate. Such undertaking shall not in anyway be interpreted or construed as requiring Cargill to take any quantity of water or to take or pay for any such quantity and Cargill shall always and in every instance have complete freedom to determine in its business judgment upon the levels of operation for the Cargill Plant, including a complete ceasing of operations if deemed appropriate by Cargill. If and when the Cargill Plant shall require the furnishing of water at levels which result in a peak demand in excess of 5.85 million gallons per day of peak capacity (with not less than three million (3,000,000) gallons per day of such capacity available for the Cargill Plant) for the Water System as a whole the City and Cargill shall, in the discretion of each, enter into a separate written agreement governing the terms and conditions with respect to such higher level of usage and any improvements related thereto. Section 3. Understanding of the Parties with. Respect to Rates and Charges. The City has determined to impose an initial rate for usage by Cargill, as its sole large industrial customer, in accordance with the terms set forth on Exhibit D hereto attached. Such rate has been determined based upon the economies which relate to large industrial users, the costs of the 1994 Improvements and other factors deemed appropriate by the City after consulting with such experts as the City has deemed appivpiiate. Cargill hereby acknowledges that such rate is reasonable under the present circumstances. The City shall have the right to adjust such rate from time to time but undertakes that, in fairness, any adjustment of such rate imposed upon large industrial customers, including Cargill, shall be proportionate to increases imposed upon all other customers of the City. In the event that the City provides water service from the Water System to any other large industrial or commercial customer at rates more favorable to such customer than the rates then applicable to usage by Cargill for the Cargill Plant, the City acknowledges that such more favorable rates shall, in fairness, be applicable to service provided to the Cargill Plant and shall upon request by Cargill take such actions as are necessary to adjust charges to Cargill for the Cargill Plant so that such rates shall be applicable from and after any such request. Cargill, just as any other customer, shall have full right at any time and from time to time to obtain from the City full information as to rates charged to all customers. 2 Section 4. Application of Estoppel Agreement. This Estoppel Agreement shall apply only to the City's Water System as a water utility serving the general public including the Cargill Plant. Any special facilities serving Cargill or the Cargill Plant only and not the general public shall be dealt with by separate agreement between Cargill and the City. Section 5. Term of Agreement. This Estoppel Agreement shall be in effect between the parties for a period of ten years from and after its date of execution but may be reaffirmed during its term for any longer period by mutual agreement in writing between the parties. Section 6. Remedies. This Estoppel Agreement is not intended to create any monetary rights with respect to water service used by the Cargill Plant. All such service shall be paid for under applicable rates for usage as established from time to time by City Ordinance, as with all other users of the City's Water System. It is intended to set forth circumstances under which the parties acknowledge that one or the other should be deemed estopped from taking certain actions by virtue of the reliance of the other party and is intended to be enforced by injunctive or other appropriate equitable relief. The City and Cargill acknowledge and agree that the City and Cargill shall each be entitled to specific performance and injunctive or other equitable relief for any breach of any of the provisions of this Estoppel Agreement, notwithstanding the availability of an adequate remedy at law and the City and Cargill, each, hereby waive the right to raise such defense in any proceeding equity. Section 7. Estoppel Agreement Binding Upon Successors and Assigns. This Estoppel Agreement is made for the benefit of the City and Cargill and shall be binding upon the City and Cargill and any successors or assigns of any such party. Section 8. Titles of Sections. Any titles of the several sections of this Estoppel Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions hereof. Section 9. Notices. Except as otherwise expressly provided in this Estoppel Agreement, any notice, demand or other communication under this Estoppel Agreement by any party to the other party shall be sufficiently given or delivered if sent by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and a. in the case of Cargill, if mailed to or delivered personally to: General Manager or Operations Manager Cargill, Incorporated 650 Industrial Road Blair, NE 68008 3 b. in the case of the City if mailed to or delivered personally to: The City of Blair c/o City Administrator City of Blair 218 South 16th Street Blair, Nebraska 68008 or at any such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other party as provided in this paragraph. Section 10. Severability. If any provision of this Estoppel Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case, for any reason, such circumstances shall not have the effect of rendering the provision in question inoperative and unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained, invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Estoppel Agreement contained shall not affect the remaining portions of this Estoppel Agreement or any part thereof. Section 11. Counterparts. This Estoppel Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12. Law Governing. The parties agree that this Estoppel Agreement shall be governed and construed in accordance with the laws of the state of Nebraska. IN WITNESS WHEREOF, the City and Cargill have caused this Estoppel Agreement to be executed by their duly authorized representatives. ATTEST: af e,i_./. /17../ 19 d� City Clerk CITY OF BLAIR, NEBRASKA CARGILL, INCORPORATED, a Delaware Corporation BY 5 Its (12A my Authorized leer Exhibit "A" Tax Lots One, Two, and One Hundred Sixty -Seven (1, 2, and 167) in Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the 6th P.M., Washington County, Nebraska; Tax Lots Twenty- eight, Twenty -nine, Thirty, and Thirty -Three (28, 29, 30, and 33) in Section Eighteen (18) ; Tax Lot Nineteen (19) in Sec- tion Eight (8); and Tax Lots Sixteen, Eighteen, and Nineteen (16, 18 and 19) and the Northwest Quarter of the Southwest Quarter (NW1 /4SW1/4) in Section Seventeen (17), all in Township Eighteen (18) North, Range Twelve (12) East of the 6th P.M., Washington County, Nebraska. Tax Lots Twenty -three and Twenty -four (23 and 24) in Section Thirteen (13), Township Eighteen (18) North, Range Eleven (11) East of the 6th P.M., Washington County, Nebraska; the North Half of the Northwest Quarter (N1 /2NW1 /4), the Southeast Quarter of the Northwest Quarter (SE1 /4NW1/4), the Northwest Quarter of the Southeast Quarter (NW1 /4SE1/4), and Tax Lots Ten, Sixteen, Eighteen, Thirty -one, and Thirty-two (10, 16, 18, 31, and 32), all in Section Eighteen (18), Township Eighteen (18) North, Range Twelve (12) East of the 6th P.M., Washington County, Nebraska. Exhibit "B" The initial water rate shall be as follows: 1. In the event the City receives both a Community Develop- ment Block Grant in an amount of not less than $500,000.00 and an Economic Development Administration Grant in an amount of not less than $1,200,000.00 the rate is fifty seven cents ($ .57) per one thousand (1000) gallons. 2. In the event the City receives only a Community Develop- ment Block Grant in an amount not less than $500,000.00 the rate is seventy four cents ($ .74) per one thousand (1000) gallons. Payment of the charges for water shall be made monthly by Cargill upon billing by the City. Exhibit "C" BLAIR, NEBRASKA WATER TREATMENT PLANT EVALUATION (Li t lEK REPORT) FOR PEAK FLOW OF 5.85 MGD June 22, 1993 Prepared By: Clinton L. Weber, P.E. KIRKHAM, MICHAEL & ASSOCIATES 9110 West Dodge Road Omaha, Nebraska PURPOSE: To determine what, if any, changes or improvements would be required at the water treatment plant to provide Cargill 3.0 million gallons of water per day. This additional capacity is expected to be needed by the spring of 1995 and is expected to last two or three years before increasing. BACKGROUND: The existing water treatment plant has a design capacity of between 5 and 5.5 mgd depending upon river levels and turbidity of the river water. Normally the plant produces about 900,000 gallons of water a day on the average; however, peaks have been as much as 2.3 mgd. When water is produced, it is normally produced at a rate of 4.0 mgd or about 2,800 gallons per minute. This requires two (2) river intake pumps. A third pump is used as a stand -by. REOUIRED CAPACITY: The following requirements can be expected: AVERAGE PEAK City .9 MGD 2.3 MGD OPPD .2 MGD .3 MGD Cargill 3.0 MGD 3.0 MGD In -Plant & Other Use .2 MGD .3 MGD TOTAL 4.3 MGD I 5.9 MGD INVESTIGATION: In order to determine the hydraulic capacity of the plant on May 4, 1993, a short field test was made to observe the plant's reaction to operating at a higher capacity than normal. All three intake pumps were operated. According to the raw water meters, the rate was approximately 930534 \1mclwdoc.1 1 3,500 to 3,600 gpm or 5.11 mgd. This rate was checked by observing the increase in the clearwell depth. The clearwell depth increased one foot in 15.5 minutes ( clearwell diameter is 100 feet) indicating 3,800 gpm or 5.47 mgd. At that point, the raw water meters had increased slightly. The plant was operated at this rate for approximately three hours before the clearwell was full. During that time the high service were checked: Static Water Pressure - 125 psi No. 4 Pump 155 psi at 1,350 - 1,400 gpm No. 3 & No. 4 Pump - 185 psi at 2,200 gpm A third high service pump was not put on due to the expected high pressure on the system and light demands for water. Normally, the No. 2 high service pump is used as a stand -by. No. 1 pump is not used and is only rated at 500 gpm. During the time when all river intake pumps were operating the discharge pressure was observed to be 19 psi or 44 feet. The suction lift was measured as 18.5 feet indicating that the total head on the pumps was 62.5 feet. In checking the hydraulics of the 20 -inch discharge line, there is some indication that some restriction in the line may be taking place. This may be due to an accumulation of sediment in the 20 -inch line that leads from the intake to the plant. During the capacity check of the plant, the treatment units were observed. River turbidity was around 50 units. The rapid mix chamber and flocculation basin appeared to operate normally. Flow in the weir through of the sedimentation basin was nearly full, but handling the flow (5.5 mgd) adequately. During the early part of the run, the up -flow basin provided a clear effluent, however, some pin -point floc was noticed near the end of the run. This indicated some turbulence or lack of flocculation of the precipitates. The recarbonation basin and four filters handled the flow without incident. Normal periods between backwash times were reported as 100 hours which is typical for surface water supplies. In order to investigate the problem experienced in the up -flow basin, it was decided to do some general jar testing the following day with a polymer used by M.U.D. at the Florence Water Plant in Omaha. 930534\lmclwdoc.1 2 The jar tests showed that the polymer was effective in reducing turbidity without alum or lime. This is significant in that it offers the possibility of reducing chemical costs. When polymer was added to the water which was mixed with alum, little improvement was seen although these tests were not exhaustive. Some improvement was seen when polymer was added to the lime mixture. Copies of the field notes are attached to this letter report for reference. Following the work in the laboratory, (jar testing) discussions were held with the chief chemist at M.U.D. in Omaha, Mr. Zoltan Kerekes. He indicated that M.U.D. feeds between .1 and .2 mg /1 of polymer to the raw water prior to the pre - sedimentation tanks. They also feed about 12 to 15 mg /1 of alum. If a similar regime was adopted at Blair, it is estimated that chemical costs could be reduced by $100 per day based upon flows averaging 4.2 mgd. This would require the construction of a pre - sedimentation basin approximately 115 feet in diameter which would have a theoretical capacity to handle 10 mgd. We believe such a basin would serve two important functions: 1. High turbidities could be handled much easier by the plant. 2. Chemical costs would be reduced. A site just north and east of the present up -flow basin appears best suited for the location of the basin. In order to provide for the flucations in demand by the system for water, additional on- site storage is also recommended. At present the City has the following storage: 930534\lmclwdoc.1 South Reservoir 750,000 Gallons West Reservoir 1,200,000 Gallons On -Site Clearwell 650,000 Gallons Total 2,600,000 Gallons Normally, it is advisable to provide about one day's storage in the system. Since Cargill may install storage on site, we recommend that a 1- million gallon clearwell be added at the treatment plant. Total storage would then be 3.6 million gallons. The new tank could be either circular or rectangular. The rectangular unit appears to better fit the space available (just south of the existing circular clearwell). It is anticipated that some spin -off development will occur in the vicinity of the Cargill plant. For this reason the City desires to provide water service along Grant Street from First Street to Industrial Road, a distance of one half mile. To provide adequate fire protection and a secondary feeder from the storage tanks in the community a 12 -inch line is recommended for this purpose. Fire hydrants (7) and valves on this line will also be required. The estimated construction cost of this line with appurtenances is $97,300 including contingencies. REOUIRED IMPROVEMENTS FOR PEAK FLOWS OF 5.85 MGD: The following main items are recommended if peak demands of 5.9 mgd are to be met. 1. Expand Intake Building and add two 5,250 gpm pumps. 2. Construct a 1.25 million gallon pre - sedimentation basin with a capacity to treat 10.0 mgd. 3. Bring the polymer system up to operational status. 4. Construct a 1- million gallon addition to the clearwell. 5. Install one new high service pump with a capacity to be determined Both a 1,400 gpm unit and a 2,800 gpm unit should be evaluated. 6. Acquire the help of a professional water chemist to assist the plant operators at optimizing chemical feed rates under varying river water conditions. 7. Investigate the reason for what appears to be higher than expected head loss in the 20 -inch raw water line. 930534 \lmclwdoc.1 4 8. Construct new transmission lines from the plant to the Cargill plant site as per the Water Treament Plant Design Evaluation Report. 9. Construct 12 -inch main on Grant Street. STATEMENT OF PROBABLE CONSTRUCTION COSTS Two New Intake Pumps & Building Expansion $ 200,000 Pre - Sedimentation Basin 560,000 Polymer System Improvements 5,000 New 1 Million Gallon Clearwell 535,000 One New High Service Pump 66,000 Transmission Lines to Cargill Site 433,400 12 -inch main on Grant Street 88,500 Contingencies 189,100 Probable Construction Cost 2,077,000 Engineering & Overheads 323,000 TOTAL PROJECT COST $2,400,000 DISCUSSION: It will require 120 to 180 days to complete the design of the above items and take bids. Approximately 12 to 15 months for construction should also be allowed. Therefore, from this point in time, approximately 16 to 21 months will be needed to place the plant in full operation. 930534 \lmclwdoc.1 5 1. City shall Cargill by 2. City shall Cargill by Exhibit "D" make 1,000,000 gallons per day October 1, 1994. make 3,000,000 gallons per day February 1, 1995. available to available to RESOLUTION NO. 1994- ti COUNCILMEMBER ,f /,#Es 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 pursuant to Section 19 -4021 R.R.S. Neb. 1943 the Mayor and City Council have previously created a Business Im- provement Board by Ordinance No. 1648 adopted July 13, 1993, and appointed the members of said board pursuant thereto with respect to the following area as set forth in Resolution No. 1993 -20 adopted on July 13, 1993: Lots 12 through 30 inclusive in Block 35 and all of Blocks 36, 37, 38, 39, 44, 45, 46, 47, and 48 in the City of Blair, Washington County, Nebraska. (Said board is herein referred to as the "Board" and said area is herein referred to as the "Area "); that the Board has made recommendations to the Mayor and City Council for the establish- ment of a plan for improvements in the Area and for the formation of a business improvement district for the Area and said recom- mendations have been placed on file with the City Clerk; that the Mayor and City Council have also received a recommendation from the City Planning Commission approving the recommendation fur- nished by the Board; that all conditions do exist for the crea- tion of a business improvement district for the City in accor- dance with the recommendations of the Board. SECTION 2. It is the intent of the Mayor and City Council of the City of Blair that there shall be created in the City of Blair, Nebraska, a business improvement district pursuant to Sections 19 -4015 to 19 -4038 R.R.S. Neb. 1943 to be known as Business Improvement District NI. 1 of the City of Blair, Nebras- ka, having the following bounda Beginning at the intersection of the North R.O.W. of Lincoln Street and the West R.O.W. of 14th Street, thence North along the West R.O.W. of 14th Street to the North line of the alley in Block 35, Original Townsite of Blair; thence West along said North alley line to the East line of Lot 12 in Block 35; thence North along the East line of Lot 12 to the ' South R.O.W. of Front Street; thence West along the South R.O.W. of Front Street to the East R.O.W. of Nineteenth Street; thence South along the East R.O.W. of Nineteenth Street to the North R.O.W. of Lincoln Street; thence East along the North R.O.W. of Lincoln Street to the point of beginning, and that within such district there shall be established the following designated areas: Area A: Washington Street from the east line of 19th Street to the west line of 14th Street including all properties directly abutting thereon Area 8: 14th Street from the south ine of the alley in Block 35 to the north line of Lincoln Street including all prop- erties abutting thereon to the west 15th Street from the south line of Front Street to the north line of Lincoln Stret including all properties abutting thereon 16th Street from the south line of Front Street to the north line of Lincoln Street including all properties abutting thereon 17th Street from the south line of Front Street to the north line of Lincoln Street including all properties abutting thereon 18th Street from the south line of Front Street to the north line of Lincoln Street including all properties abutting thereon 19th Street from the south line of Front Street to the north line of Lincoln Street including all properties a abutting thereon to the east Area C: The south half of Front Street from the east line of 19th Street to the east line of Lot 12 in Block 35 including all properties abutting thereon The north half of Lincoln Street from the east line of 19th Street to the west line of 14th Street including all properties abutting thereon SECTION 3. A public hearing shall be held before the Mayor and City Council of the City of Blair to consider the establish- ment of Business Improvement District No. 1 of the City of Blair as described in this resolution at 7:00 o'clock P.M. on the 22nd day of March, 1994, in the Council Chambers of City Hall, Blair, Nebraska. SECTION 4. The proposed public facilities and improvements to be made and maintained shall consist of installation of re- placement street lighting, planting of trees, replacement of sidewalks, installation of ramps, benches, waste receptacles and planters. SECTION 5. The estimated total costs for the District as a whole is $576,900.00 with the following cost allocations for the areas described in Section 2: Area A: Area B: Area C: $ 400,840 $ 54,215 $ 121,845 If decorative street lights are chosen the estimated total cost would be increased by $64,000.00. The method for raising revenue within the District shall be fair and equitable with special assessments to be levied, based upon special benefit, to pay the costs of construction of new improvements, with costs assessed based upon linear feet of front footage and each area being 'r assessed as follows: Area A: 100% for concrete and improvements Area B: 100% for concrete and 50% for improvements Area C: 100% for concrete and nothing for improvements The Mayor and City Council reserve the right to create one or more street improvements districts to effect the improvements described for Business Improvement District No. 1 of the City of Blair, Nebraska, subject to applicable statutory procedures, in order to obtain financing through bonds. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _Y UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay. Long..- Ming s- R?a1 Ph n L 9botwe1l VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF FEBRUARY, 1994. ATTEST: izeLe ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) CITY BLAIR, NEBRAS BY .�.! i 'IME JENNY, 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 22nd day of February, the duly of Blair, was duly and City 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 7 COUNCILMEMBER Mines INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with a Devel- oper's Agreement with Evergreen Bluffs Corporation, a Nebraska corporation, for the development of a portion of Evergreen Bluff, an addition to the City of Blair, Nebraska, a copy of said Agree- ment being attached hereto marked Exhibit "A;" and, WHEREAS, the terms and conditions of the agreement are ac- ceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the Developer's 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 upon execution thereof by all record title owners, equitable interests, and lien holders, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality upon presentation of an agreement executed by all record title owners, equitable interests, and lien holders. COUNCILMEMBER Long 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 and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF FEBRUARY, 1994. CITY _ F BLAIR, NEBRASKA 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 22nd day of February, 1994. / 7`,r ,2�'�� ALICE I. DIEDRICHSEN, CITY CLERK DEVELOPER'S AGREEMENT This agreement made this .26 by and between the City of Blair, to as "City," and Evergreen Bluffs ration, hereinafter referred to as day of 2 4 , 1994, Nebraska, hereinafter referred Corporation, a Nebraska corpo- "Developer." WHEREAS, Developer proposes to develop Lots 1 thru 11 in Biock 1; Lots 1 thru 13 in Block 2, Lots 1 thru 3 in Biock 3, and Lots 1 and 2 in Block 4, all in Evergreen Bluffs Addition to the City of Blair, Washington County, Nebraska; and, WHEREAS, Developer has 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. NOW, THEREFORE, in consideration of the mutual covenants and benefits to each party as set forth herein, it is agreed as follows: 1. Developer shall file with Blair its 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 extension districts for the construction of a street to develop the above described lots. 2. All improvements and construction under said district 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. Developer hereby agrees 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, Developer 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 Developer 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 Developer's share on the contracts for construction of said improvements. 4. It is specifically agreed between the parties, Developer shall be responsible for and pay upon completion of construction 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 Developer. In the event the surety bond or cash deposit is less than twenty percent (20 %) of the actual construc- tion cost, Developer 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 Developer and other persons, 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 prem- ises 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. Developer hereby agrees it 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. ATTEST: City lexi 0P ) By Alice I. Diedrichsen, City Clerk Evergreen Bluffs Corporation, a Nebras a Corporation is duly zed officer. Blair Nebzaska Ali 7 - •me Jenny, yor 40( r RESOLUTION NO. 1994- 8 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Bob Hardy devoted twenty -three years of service to the City of Blair and its citizens before his death on January 23, 1994; and, WHEREAS, Bob's dedication to his work and to the improvement of Blair for the benefit of Blair's residents was exemplary and is to be commended by the City of Blair, its Mayor and City Council, its employees and its citizens; and,: WHEREAS, Bob's courage, determination, and spirit exhibited in his employment and in the face of adversity prior to his death stands as an example to his fellow workers, friends, and those he served, and he will be greatly missed but not forgotten. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair, its elected officials, employees, and citizens hereby extend the City's and community's sympathy and condolences to the family of Bob Hardy and the City's and community's appreciation and thank you for the sacrifices of Bob and his family in his service to the City. BE IT r RESOLVED the memory, character, and spirit of Bob Hardy should be retained and memorialized and, therefore, the municipal campground located at 19th and Nebraska Street should be and is hereby named the Bob Hardy RV Park. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FAY UPON ROLL CALL, COUNCILMEMBERS ABBOTT, FAY, RROS, LONG MINES, REALPH AND SHATWELT, VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF MARCH, 1994. ATTEST: au, al).Lealnzad, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, CIT BLAIR, NEBRA J • r ME JENNY, N rk BY 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 8 TH day of March, 1994. _agfie,4 ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- o COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council by motion at its regular meeting on February 22, 1994, approved the borrowing of funds to fund landfill closing expenditures; and, WHEREAS, a loan has been negotiated with FirsTier Bank, N.A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUN- CIL OF THE CITY OF BLAIR, NEBRASKA, the City is hereby authorized to borrow the sum of $135,000.00 under a promissory note from FirsTier Bank N.A. The interest rate on said loan shall be 4 1/2% and the term thereof shall be four (4) years. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized and directed to execute said promissory note on behalf of the City of Blair. COUNCILMEMBER T.ONa MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SIEM ELL_ . UPON ROLL CALL, COUNCILMEMBERS Abbott. Fay, TZrnc T_nn Mi''e Rya? ^?'_ 2.4; nStWell VOTING "AYE", AND COUNCILMEMBtRS one VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF MARCH, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY 0 BLAIR, NEB BY _11 JE 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the day of March, 1994. f (A",Aep, Irk ,4P lX/(� Aifl ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994 - COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1994 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 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 SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILMEMBERS ABBOTT, FAY, EMS, LONG, MINES, REALPH AND SHOTWELL VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8 th DAY OF MARCH, 1994. CITY BLAIR, NEBRASKA ATTEST: 0 66, - ,,,q,012;.,121.,,, 0-2A_ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) BY J E JENNY, MA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 8 th day of March, 1994. ALICE I. DIEDRICHSEN, CITY CLERK March 8, 1994 Mayor and City Council Blair, Nebraska The following is the 1994 One and Six Year Street Plan for the City of Blair, which is submitted for your final review and adoption. YEAR PROJECT NO DESCRIPTION 1994 M- 157(Q -92a) 16th and Nebraska Street intersection and 250 feet North on 16th Street. Mill as necessary and resurface to correct drainage. 1994 M- 157(Q -97) Extend drainage outlet between lots 7 and 8, Westridge Addition West to West side of Stone Creek Drive to eliminate open ditch. 1994 M -157(R -104) Mill and resurface miscellaneous deteriorated areas on existing asphalt surfacing. 1994 M -157(R -105) Repair deteriorated joint areas on Highway 30 South from Davis Avenue to Highway 133. 1994 M -157(R -106) Jackson Street - End of existing concrete paving East to old Highway 30 - Asphalt Overlay. 1994 M -157(R -107) Clark Street - Highway 30 to 25th Street; 25th Street - Clark Street to Elm Drive (Double Armor Coat). 1994 M -157(S -110) Line and extend storm sewer between lots 2 and 3, Marquardts Second Hillcrest Addition. 1994 M -157(S -111) Repair storm drain into South Creek from Highway 30 South - 300' South of Davis Avenue. 1994 M -157(S -112) Replace traffic signal controller for signals at 16th Street and Seventeenth Street. 1994 M -157(5 -113) Twenty Fourth Street - Nebraska to Jackson. (6" Concrete Paving). 1994 M -157(S -114) Twenty Fifth Street - Washington Street to Highway 91. (6" concrete paving). 1992 One and Six Year Plan (Continued) 1994 1994 1994 1994 1994 1994 1994 1994 1994 1994 1995 -1999 1995 -1999 1995 -1999 1995 -1999 1995 -1999 1995 -1999 pf M -157(5 -115) M -157(S -116) M -157(5 -117) M -157(S -118) M -157(S -119) M -157(S -120) M -157(S -121) M- 157(S -43) M- 157(S -18) M -157(S -108) M -157(T -122) M -157(T -123) M- 157(T -43) M- 157(T -1B) M- 157(52) M- 157(48) Lincoln Street- Twenty Fifth Street to existing concrete paving. (6" concrete paving). Colfax Street - Twenty First Street to Twenty Second Street. (6" concrete paving). Seventeenth Street - State Street to Park Street. (6" concrete paving). Tenth Street - Lincoln Street to Washington Street (Property acquisition and rough grading). Twentieth Avenue - Park Street to Wright Street. (6" concrete paving). Twenty Seventh Street - Hansen Drive North to existing. paving. (6" concrete paving). Connector Street - Elm Drive to Davis Avenue. (Property acquisition and grading, storm sewer extension). Miscellaneous Street Repair Layaway for matching funds. Miscellaneous curb cuts, curb and gutter removals and construction of handicap ramps as required by A.D.A. Miscellaneous Asphalt Overlays and Armor Coat Projects. Miscellaneous curb cuts, curb and gutter removals and construction of handicap ramp as required by A.D.A. Miscellaneous Street Repair. Layaway for Matching Funds. Road from Highway 91 to Black Elk Park - Dana College Area. Iowa Street extension to Highway 30 (R.R. Crossing). Respectfully, Submitted, Warren D. Whitaker City Street Superintendent City of Blair, Nebraska MOO •••••• Yea 441 0/ _"04( 5 tio arum itplistO logOtlysnAl NIV717 P ta es 11 „4- NNIff •• NOP•11 PPP &PPP t • t ' .0•■• son • I, N " : r • le • ••• • • lo a IV • le •• 2 .1 4. • • ti i RESOLUTION NO. 1994- 11 COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that an election is hereby called by the City of Blair for the purpose of placing before the voters of the Munici- pality the issue: Shall the City of Blair establish and conduct a lottery and keno with the proceeds of such lottery and keno being used for community betterment purposes and the awarding of prizes to participants. BE IT FURTHER RESOLVED THAT such issue should be submitted to the voters at the primary election to be held. on MAY 10 , 1994, and that the City Clerk of the City of Blair should certify the issue to be so submitted to the County Clerk for the purpose of submitting the issue at the time of the primary election pursuant to the Statutes of the State of Nebras- ka. ATTEST: COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL 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 8TH DAY OF MARCH, 1994. ALICE I. DIEDRICHSEN, CITY CLERK (SQ) } STATE OF NEBRASKA WASHINGTON COUNTY ) )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 8TH day of March, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 12 COUNCILMEMBER M INES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City Clerk has received written objections of property owners filed in her office within the twenty (20) day period following the first publication of the Notice of Creation of Paving District No. 152 and further reports that an examina- tion of the records in the office of the Register of Deeds of Washington County and of the appropriate plat or map of the properties and streets within said District revealed the follow- ing: Total front footage of directly abutting property within Paving District No. 152: 4,609.60 Total front footage represented by owners objecting: 511.0. NOW, THEREFORE, tE IT RESOLVED THAT THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, after discussion and review of information presented, the Mayor and City Council hereby find and deterihine that objections filed against the improvements within said Paving District No. 152 did not repre- sent a majority of the front footage of property directly abut- ting on the streets to be improved within said District and that said improvements shalll constructed. COUNCILMEMBER KRO 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 SHOTWRT.T. VOTING "AYE ", AND COUNCILMEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF MARCH, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) SPATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE 1. DIEDRICHSEN, CITY OF BLAIR, NEBRASKA hereby certifies that she is the duly appointed, qualified, and arCting City Clerk of the City of Blair, Nebraska, and that the abgve and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held of the 22ND day of March, 1994. x _ 41 ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 13 COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as Amend- ed for Small Cities Community Development Block Grant Program; and, WHEREAS, the City of Blair, Nebraska, has obtained its citizens' comments on community development and housing needs and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application for an amount of $160,000.00 for a Housing Opportunity First Time Home Buyer Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor is hereby author- ized and directed to proceed with the formulation of any and all contracts, documents, or other memoranda between the City of Blair and the Nebraska Department of Economic Development so as to affect acceptance of grant application. COUNCILMEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN UPON ROLL CALL, COUNCILMEMBERS • • • VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12 DAY OF APRIL, 1994. CITY BLAIR, NEBRASKA BY JENNY, MA T. 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 passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 17 +h day of April, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 14 COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that there shall be no parking on the north side of Adams Street from Sixteenth Street to one hundred forty feet (140') west of the center line of Eleventh Street in the City of Blair, between the hours of 12:00 o'clock A.M. and 5:00 o'clock P.M. on Monday through Friday if same is a school day, and that the Street Department of the City of Blair is 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. BE IT r uit rirtc RESOLVED that following the passage and publi- cation of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said no parking designa- tion. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBO 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 APPROVED THIS 12t DAY OF APRIL, 1994. CITY a BLAIR, NEBRAS BY ' rte7-71., JEE JENNY, MA 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 12t day of April, 1994. d eere_, ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER KRO$ INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Be it resolved a School Speed Zone on State Highway 91 from 280 feet east of the center line of Twenty- second Street westerly to the northwesterly line of Tax Lot 568 in Section 11, Township 18, Range 11 East of the 6th P.M., Washington County, Nebraska, be established and the speed limit therein is hereby set and established at 25 MPH. This School Speed Zone is to be in effect from 7:30 o'clock A.M. to 8:45 o'clock A.M. and from 3:00 o'clock P.M. to 4:00 o'clock P.M. on school days only, and that following the passage and publication of this resolution is shall be unlaw- ful for any person to fail, neglect or refuse to comply with said speed limit. COUNCILMEMBER T,nNr MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN . UPON ROLL CALL, COUNCILMEMBERS ARRQTT _ FAY, KROS, TflNn, MTNRR _ RRAT,PW _ RVAM iu n smnpvg!T.T. VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF APRIL, 1994. ATTEST: RESOLUTION NO. 1994 - ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY, BLAIR, NEBRASKA BY J$t JENNY , OR • • _ s 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 12th day of April, 1994. ) ss ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 16 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair initiated the procedures under its powers of eminent domain to purchase Lot 2 and that part of Lot 1 lying North and West of a straight line drawn from the Northeast corner of Lot 1 to the Southwest corner of said Lot 1, all in Block 84 in the Third Addition to the City of Blair, Washington County, Nebraska; and, WHEREAS, negotiations for the acquisition of said real estate were successful. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the real estate described herei- nabove be acquired from Leslie P. Miller and Janice C. Miller for the sum of $35,000.00. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized and directed to execute an agreement for the purchase of said real estate which is on file with the City Clerk. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS ATbott, ray, Kros, Lonq, Mines. Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF APRIL, 1994. CITY OF BLAIR, NEBRASKA ATTEST: • ALICE T. 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 26thday of April, 1994. ALICE I. DIEDRICHSEN, CITY. CLERK RESOLUTION NO. 1994- 17 COUNCILMEMBER chntwc11 INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, smoking shall be prohibited in all municipal buildings, facilities, and structures, except that portion of the City Administration building utilized by the Blair Fire Depart- ment or its Trustees. Smoking shall mean carrying a lighted cigar, cigarette, pipe, or other Lighted smoking equipment. BE IT FURTHER RESOLVED the policy of the municipality as established hereby is that all such municipal buildings, facili- ties, and structures, except that portion of the City Administra- tion building utilized by the Blair Fire Department or its Trus- tees, are hereby declared to be nonsmoking areas. COUNCILMEMBER Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER REran_ . UPON ROLL CALL, COUNCILMEMBERS - Abbott, day, Kros, Lona, Mines. Rvan and Shntwa1 VOTING "AYE ", AND COUNCILMEMBERS Nnna VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26th DAY OF APRIL, 1994. CITY OF BLAIR, NEBRASKA ATTEST: (SEAL) ALICE I. DIEDRICHSEN, CITY CLERK 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 ?6th day of April, 1994. (AL* 4 AL,,sp.4_,;.,te,44) ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994 -, 18 COUNCCILMEMBER RYAN INTRODUCED THE FOLLOWING. RESOLUTION: WHEREAS, the City of Blair has contracted for the construc- tion of a water line from the municipal water plant to an area adjacent to Industrial Drive: and, WHEREAS, it is necessary the City of Blair obtain interim financing pending eventual bonding of all or a portion of the cost thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the municipality is hereby authorized to issue warrants to either FirsTier Bank N.A. or to the Washington County Bank. The total aggregate amount of such warrants shall not exceed $700,000.00 without further action by the Mayor and City Council. BB IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized to execute any and all documents necessary for the issuance of said warrants. COUNCILMEMBER Lona MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Kros, Loncr, Rea 1ph, Ryan and Shgtwa)1 VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24 DAY OF MAY, 1994. ATTEST: ALICE I. DIEDRICNSEN, CITY CLERK CITY OF BLAIR, NEBRASKA BY MICHAEL MINES, ACTING MAYOR (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 24th day of May, 1994. ALICE I. DIEDRICHSEN, CITY CLERK 4 RESOLUTION NO. 1994- 19 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with an Agree- ment in the standard form acceptable to the City with Mark S. Schreffler and Desert Mountain, Inc. for the creation of South Fork, an addition to the City of Blair, Washington County, Ne- braska. WHEREAS, the terms and conditions of the agreement are ac- ceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the Developers Agreement referred to hereinabove 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 Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Realph UPON ROLL CALL, COUNCILMEMBERS - - -- Ab - rod' , P ay, `rros; "'amo Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS DAY OF JUNE, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE of NEBRASKA. ) )ss WA.usA uiON 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 herd on the 28th day of June, 1994. ALICE I. DI.EDRICHSEN, CITY CLERK DEVELOPER'S AGREEMENT This agreement made this 7 day of , 1994, by and between the City of Blair, Nebraska, he•(in =fter referred to as "City," and Mark S. Schreffler and Desert Mountain, Inc., hereinafter referred to as "Developers." WHEREAS, Developers propose to develop Tax Lots 187, 215, 15, 3, and part of Lot 1, in Block 114, 10th Addition, in Section 14,Township 18 North, Range 11 East of the 6th F.M., Washington County, Nebraska;. and, WHEREAS, Developers hasve 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 as- sessed against the real estate within such subdivision. 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 extension districts for the construction of a street to develop the above described lots. 2. All improvements and construction under said district 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, who may have or claim an interest in or an encumbrance or lien upon the above described real es- tate, 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 it will not allow same to become delinquent. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. Desert Mountain, Inc., a Nebraska corporation Mar S. Schref f ler A ST: 2 Ld to 41_4L 1 I By Alice I. Diedrichsen, City Clerk By, Its duly uthorized officer. City = B air, Nebrca COUNCILMEMBER RYAN RESOLUTION NO. 1994- 2 0 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that there shall be no parking on any portion of a cul -de -sac having a right of way radius of less than 62.5 feet and a paved radius of 50 feet or less, except parallel parking next to the curb shall be allowed on one half of the diameter of said cul -de -sac. Said allowable parking shall be on the side of the cul -de -sac extending the permitted parking on the street leading into the cul -de -sac, and that the Street Department of the City of Blair is 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. BE IT FURTHER RESOLVED that following the passage and publi- cation of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said no parking designa- tion. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN UPON ROLL CALL, COUNCILMEMBERS ABBOTT. FAY. LONG. REALPH. RYAN & SHOTKII , VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14 DAY OF JUNE, 1994. ATTEST: PEGGY J. (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss ) Council of said City held on the DEPUTY CITY CLERK 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 passed and adopted at a regular meeting of the Mayor and City 14th day of June, 1994. PEGGY J. FRAHM DEPUTY CITY CLERK RESOLUTION NO. 1994- 21 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1.. That the proposed schedules for special assess- ments against properties in Paving District No. 151, Sanitary Sewer Extension District No. 48, and Water Extension District No. 29 be and are hereby tentatively approved and placed on file with the City Clerk for inspection for all interested parties. That the. Mayor and City Council shall hold a public hearing at its regular meeting at 218 South 16th Street, Blair, Nebraska, on the 28th day of June, 1994, at 7:00 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. 151, Sanitary Sewer Extension District No. 48, and Water Extension District No. 29. That notice of the time of holding 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 pre- sented 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 RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMBR _ ABBOTT UPON ROLL CALL, COUNCILMEMBERS STf, T v, LLOIR , REALPH, RYAN & SHOTWELL VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR. DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF JUNE, 1994. ATTEST: PEGGY J. FRAHM, EPUTY CITY CLERIC (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 City Council of said City held on the 14th day of June, 1994. GIA.1 41141 j:1L4 F PEGGY J. 1�, DEPUTY CITY CLERK RESOLUTION NO. 1994- 22 CoUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Paving District No. 151, Sanitary Sewer District No. 48, and Water Extension District No. 29 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. 151, Sanitary Sewer Exten- sion District No. 48, and Water Extension District No. 29 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. 151, Sanitary Sewer District No. 48, and Water Extension District No. 29. 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 1 ism .II Ilk 1 11 gal a 1.1 II 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. 151, Sanitary Sewer Extension District No. 48, and Water Extension District No. 29 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 - August 17 , 1994 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. 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 Ryan . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Long, Mines, Realph, Ryan and VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28 DAY OF JUNE, 1994. ATTEST: (21(.?:_t, ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA (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 June, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 93 COUNCILMEMBER KROS 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 shall be placed at the intersection of Fourth Street and River Road for the purpose of temporarily stopping traffic west bound on River Road in the City of Blair and shall be in effect for the time period of the detour of Highway 30 traffic on said Fourth Street and River Road, 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 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 S VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE twoR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 48 DAY OF JUNE, 1994. CITY OF BLAIR, NEBRASKA ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) jss WASHINGTON COUNTY ) ALICE 1. 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 head on the 28th day of June, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO 1994- �4 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair, Nebraska Police Retire- ment Plan and Trust, as amended, be hereby further amended and restated in the form of the attached Blair Police Retirement Plan and Trust, which by this reference is fully incorporated herein. BE IT FURTHER RESOLVED that the appropriate officers of the City of Blair, Nebraska, be and they hereby are authorized to do all things necessary, including the execution of the restated plan document and any other documents or amendments which may be required to achieve and continue the tax qualification of the Plan and Trust under Sections 401(a) and 501(a) of the Internal Revenue Code of 1984 as amended. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines UPON ROLL CALL, COUNCILMEMBERS --- IBEFFET — ra - 377 — KF617 - r5rig . , Mines, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF JUNE, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA WASHINGTON �.wruarl i )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 28th day of June, 1994. ALICE I. DIEDRICHSEN, CITY CLERK W I LILIAM J. BAI RD (1912 -1981) KENNETH B HOLM (RETIRED) DERYL P . HAMANN JERROLD L. STRASHEIM GERALD P. LAUGHLIN JOHN S: °2EILINGER GARY W. RAD1L KENT 0. LITTLEJOHN MICHAEL G. LESSMANN ALEX M. CLARKE CHARLES J. ADDY CRAIG W. THOMPSON PAUL SCOTT DYE RICHARD J. PEDERSEN THOMAS E. JOHNSON MICHAEL 1.. SULLIVAN JAMES S. MITCHELL DAVID M. PEDERSEN WILLIAM G. DITTRICK KIRK S. BLECHA RONALD C. JENSEN JOHN R. HOLDENRIED JOHN P. HEIL STEVEN C. TURNER SHARON R. KRESHA JONATHAN R. BREUNING GARY N.CLATTERBUCK Retirement Committee Police Pension Plan c/o Rodney Storm City Administrator City of Blair, Nebraska 218 South 16th Street Blair, Nebraska 68008 Dear Committee Members: y ( Offices pair, rlm, llh fiettersszn, Aiamaxin & Atraslittm ISOO WOODMEN TOWER ODnutka, X8braska 581112-Z08 TELEPHONE 402 344.0500 FACSIMILE 402 344-OS8aku WRITER'S DIRECT DIAL NUM. June 1, 1994 ; Re: Blair Police Retirement Plan and Trust IIEM# . DENNIS J. FOGLAN TIMOTHY V. H.AIGHT MARK D. THEISEN TERRENCE L. MICHAEL TRUDY S. BREDTHAUER MARY L. SWICK THOMAS 0:ASHBY R. J. STEVENSON STEVEN M. MAUN JILL R. ACKERMAN BARBARA E. PERSON LAWRENCE E. KRITENBRINK CAROL C. KNOEPFLER STEVEN D. DAVIDSON J. SCOTT SEARL FRANK J. REIDA DAVID J. KRAMER THOMAS D. FRE$MUTH KELLY R. DAHL CYNTHIA A. RISMILLER TIFFANY L. SEWERS DOUGLAS D. MURRAY EOMUND D. McEACHEN CLEMENT B. PEDERSEN OF cOuNSEL I am enclosing duplicate originals of a restated plan document for the Blair Police Retirement Plan and Trust. This new plan document incorporates the changes required by L.B. 672, which became effective on July 15, 1992, as well as recent changes in the applicable tax laws which affect governmental pension plans. This document also incorporates the recommendations which we made in our letter of March 15, 1994, with regard to your relationship with the American National Bank. In reviewing the enclosed plan document, particular attention should be directed to the following features: 1. Trustee. The City Treasurer would serve as the official Trustee of this Plan and Trust. However, the Plan's current relationship with American National Bank, which serves as a custodial agent of the Trustee, would remain in effect. In addition, the document contemplates that outside investment managers will continue to be retained for the investment and reinvestment of Plan assets. 2. Lump Sum Distributions. We understand from our conversations with Mr. Storm that you do not have any officers who will be retiring with minimum pension benefits before 1997. Accordingly, we have provided that the benefits of. -both terminating and retiring police officers may be paid at this time in the form of a single lump sum payment. :Retirement Committee June 1, 1994 Page 2 3. Actuarial Assumptions. In response to certain tax - qualification requirements of the Internal Revenue Service, we have included at Section 3.3 actuarial assumptions to be used whenever optional forms are to be provided. We understand that . these assumptions are reasonable for police officer retirement systems. These actuarial assumptions are only relevant for officers who retire with minimum benefits and who request an optional form of annuity benefit. In all other cases, optional benefit forms can be provided through the purchase of a commercial annuity contract using the balance of the officer's accounts at that time. 4. Rollovers. Section 3.5 incorporates the required provisions for the rollover of qualifying distributions. These tax rule became effective on January 1, 1993. Please feel free to call me should you have any questions concerning the administration of these rollover provisions or your tax withholding responsibilities on taxable distributions which are not transferred to a rollover plan. 5. Disability Benefits. Article VI sets forth the new disability benefit provisions which were introduced by L.B. 672. 6. Optional Benefit Forms. The optional benefit forms required by L.B. 672 are set forth at Section 8.5 of the Plan. Again, the optional benefit form can be provided by the purchase and distribution of a commercial annuity contract. 7. Directed Investment. Although the Plan does not currently permit the officers to direct the investment of their accounts, Section 12.3 authorizes such directed investments upon direction of the City. If you should decide to implement directed investment accounts for all or a portion of the officers' accounts, we can assist you in establishing required procedures for this investment feature. 8. Divorce Assignments. Section 13.1 sets forth the new provisions regarding the assignment and administration of Plan accounts in the event the Plan is served with a qualified domestic relations order. If this should occur, please contact us so that we can• assist you in administering the order and assure that it is not in conflict with the provisions of the Plan or the governing statutes. As you are aware, the statutes now require your Retirement System to accept voluntary contributions from the police officers. These voluntary contributions are made on an after -tax basis. Generally, Section 415 of the Code limits the amount which Retirement Committee June 1, 1994 Page 3 can be contributed in any year from all sources to the lesser of $30,000 or 25 percent of the participant's compensation. For this purpose, compensation is defined as the taxable income of the participant, and thus must be reduced by the City's pick up contributions, as well as any amounts which are excluded from income as salary reduction contributions to a Section 125 cafeteria plan or Section 457 deferred compensation plan. We have enclosed an illustration of how the Section 415 limitations would be applied in a hypothetical situation involving a police officer who is making contributions to both a cafeteria and deferred compensation plan. If the Plan document is satisfactory, it should be adopted by appropriate action of the City Council. We have enclosed suggested resolutions for this purpose. After the Plan has been approved by the City Council, it should be signed by the Mayor and by the Treasurer of the City of Blair. - We would appreciate having a copy of the execution page of the new document as soon as it has been signed by all parties. If you should have any questions concerning the new Plan document or its procedures for adoption, please do not hesitate to give me a call. GNC:gl Enclosures 86762.304 F You ,s very tru N. Clatterbuck R THE FIRM RESOLUTION NO. 1994- 25 COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska., Department of Roads has forwarded an agreement between the City of Blair and said Department of Roads for the installation of school speed zone beacons on Washington Street for the school crossing at Twenty - Second Street; and, WHEREAS, the Mayor and City Council are in agreement with the installation of said beacons. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that school speed zone beacons for the school crossing at Nebraska Highway No. 91 (Washington Street and Twenty- Second Street) is hereby authorized and ap- proved. BE IT FURTHER RESOLVED the agreement presented to the municipality by the Department of Roads for the installation of said beacons is hereby accepted and adopted by the municipality, and the Mayor and City Clerk are authorized to execute said agreement on behalf of the City of Blair. COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS Abbott, xros, Long, Mines, Rea.iph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE M Y R DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS DAY OF JULY, 1994. ATTEST: (1447-,,.., R.;..."/A., ALICE- I. DIEDRICHSEN, CITY' CLERIC (SEAL) TATS OF NEBRASKA wASHINGTON ass 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 12th day. of July, 1994. w _ � f 4x_60 ,d4.461. ��;�- ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS FLASHING BEACON INSTALLATION INTERSECTION OF HIGHWAY N -91 (WASHINGTON STREET) WITH 22ND STREET THIS AGREEMENT, made and entered into by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City ", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State "; WITNESSETH: AGREEMENT WHEREAS, Highway N -91 enters and traverses the City partially on the street named Washington, and WHEREAS, the State is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through such corporate areas as provided by Neb.Rev.Stat. §39 -610 (Reissue 1988), and WHEREAS, it has been determined on the basis of an engineering study that a school speed zone flashing beacon system is warranted at the above mentioned location in the interest of public safety, and WHEREAS, it is the desire of the City that said project be constructed, the Resolution of the City evidenced by Y Council dated the day of , 19 , attached hereto, identified as Exhibit "A ", and hereby made a part of this Agreement. P g WHEREAS + the City and State are willing t o participate in such installation in accordance with the conditions hereinafter provided. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The State agrees to provide design standards and specifications for the proposed installation at no cost to the City. SECTION 2. The State agrees to provide and install all necessary signs and pavement marking associated with the proposed installation at no cost to the City. SECTION 3. The State further agrees to furnish to the City the beacon, flasher controller with cabinet and time clock if required. The State will invoice the the State furnished equipment at the time this ui City for the actual cost of Q p to the City. The City agrees is delivered y y rees to pay the State within g thirty (30) days of receipt of the invoice. SECTION 4. The City agrees to install or cause to be installed the equipment furnished by the State and further agrees to furnish and install or cause to be furnished and installed all other materials and miscellaneous items required to complete the subject beacon system, all at no cost to the State. SECTION 5. If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126 (Reissue 1988). SECTION 6. The City agrees to operate, maintain, and keep in good repair the entire beacon system and to assume at its own cost all power required for its operation. All repair or replacement parts and materials used in the maintenance of the beacon system shall comply with State specifications and standards. SECTION 7. The State agrees to make available to the City any repair or replacement parts stocked by the State, for repair of the beacon system, if such parts are not readily available from other sources. When such repair or replacement parts are provided, they will be furnished to the City at the actual costs of the State. The City agrees to reimburse the State for such costs within thirty days after receipt of the invoice. SECTION 8. The school speed zone flashing beacon system shall operate only on school days from 7:30 a.m. to 8:45 a.m. and from 3:00 p.m. to 4:00 p.m. SECTION 9. The State shall have sole authority in determining and controlling the sequence and the hours and manner of the beacon system operation. No change in these conditions shall be made without the prior approval of the State. SECTION 10. The City agrees to remove the flashing beacon equipment if conditions change and the flashing beacon system is no longer considered warranted by the State. The City will retain ownership of the flashing beacon system if such system is removed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. WITNESS: EXECUTED by the City this %/ day of City Clerk AGR27 -D.T EXECUTED by the State this CITY OF BLAIR 9 STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Engineering 19 . � RESOLUTION NO 1994- 76 COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska State Department of Roads, the Chicago North Western Railway Company, and the City of Blair have agreed a vehicular overpass shall be constructed on Highway 30 over Chicago North Western Railway Company trackage to be built and constructed across said Highway 30 in an area generally west of 4th Street; and, WHEREAS, all of said parties have negotiated an agreement setting forth their respective obligations and responsibilities with reference to the construction of said vehicular overpass; and, WHEREAS, said proposed agreement is on file with the City Clerk and has been presented to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the agreement between the Nebraska State Department of Roads, the Chicago North Western Railway Company, and the City of Blair providing for the con- struction of a vehicular overpass over the trackage to be built and constructed as described hereinabove is hereby approved and adopted by the City of Blair and the Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the municipality. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines . UPON ROLL CALL, COUNCILMEMBERS Abbott, Kros, Long, Mines, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 6 DAY OF JULY, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY •° BLAIR, NEB BY r JENNY, MA STAT , tePi NNy,,RASKA ) ,,®`c�e l�s,�tt,,nuTOIUF sCq;'•4% )SS IASgx' NK TY ) 1 I CITY OF % f gry �1L I � 4EDRICHSEN, hereby certifies that she is the duly • tpioi+¢]jfied, and acting City Clerk of the City of Blair, N r X1 5` `� / 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 July, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- ')7 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: That Section 5, the Rules and Regulations of the Bob Hardy RV Campground is hereby amended to read as follows: SECTION 5. No campsite shall be occupied for more than five (5) nights in a fourteen (14) day time period by the same camping unit. Any stays in excess of five (5) nights within any fourteen (14) day time period must be approved in advance by the City Administrator. Any extension shall be based on good cause only or because of emergency circumstances. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines . UPON ROLL CALL, COUNCILMEMBERS Abbott, Kros, Lona, Mines. Realph anti Ghn1 -w i 11 VOTING "AYE ", AND COUNCILMEMBERS Nnnp VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26 DAY OF JULY, 1994. ATTEST: +4 , - .!b EDRICHSEN, CITY CLERK o „ ET A NE� S ) d )ss IlING UNTY ) s ie ° Ab 6 00 0 4,4 1/Matt 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 ?A day of July, 1994. c-4eD,2', -/(ALa-w ALICE I. DIEDRICHSEN, CITY CLERK © ADAM CI •F BLAIR, NEB BY A. o. % .4 COUNCILMEMBER KROS WHEREAS, grass and leaves are prohibited from being deposit- ed in a licensed solid waste landfill including but not limited to the Douglas County Landfill located near Elk City, Nebraska, as of September 1, 1994; and, WHEREAS, it is necessary to amend the Solid Waste Transport- er License Agreement between the City of Blair and its Licensees as a result of said prohibition. NOW, THEREFORE, the Solid Waste Transporter License Agree- ment prohibiting the deposit of grass and leaves in solid waste landfills on file with the City Clerk and as presented to the City Council is hereby adopted and approved by the municipality. COUNCILMEMBER SHOTWELL 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, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9 th DAY OF AUGUST, 1994. ATTEST: A7 3 ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 28 INTRODUCED THE FOLLOWING RESOLUTION: CIT BLAIR, NEBRASKA BY 40 - 1t J "' .0 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, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of August, 1994. o neh,/ ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO 1994- 29 COUNCILMEMBER. A5TUFS INTRODUCED THE FOLLOWING RESOLUTION; WHEREAS, Willus G, Mundorf and Berniece M. Nundorf have agreed to the conveyance to the City of Blair of a permanent and construction easement for the construction, repair, and main- tenance of a drainage tube over and across properties owned by them described as the South 235.5 feet of the North 375.9 feet of Lot 1, Block 114, Tenth Addition to the City of Blair, Washington County, Nebraska; and, WHEREAS, Willus G. Mundorf and Berniece M. Mundorf have further agreed to dedicate to the City of Blair right of way over and across part of said real estate; and, WHEREAS, an Agreement has been prepared between Willus G. Nundorf and Berniece M. Mundorf and the City of Blair, which said Agreement, Easement, and Dedication Deed are on file with the City Clerk and have been presented to the Mayor and City Council; and, WHEREAS, said Agreement, Easement, and Dedication Deed are acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT said Dedication Deed and Easement are hereby accepted by the City of Blair. BE IT FURTHER RESOLVED THAT the Agreement as referenced hereinabove is hereby adopted and approved by the municipality, and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of Blair. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER . UPON ROLL CALL, COUNCILMEMBERS Mines, Ahhrytt, Ryan, Fay_ Shntwe11 , Long and Krnc VOTING "AYE", AND COUNCILMEMBERS 1�T nno VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 911h DAY OF AUGUST, 1994. ATTEST: ,. er -IegD ,tiyt wp � ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) )ss S F I ttg 6DUNTY liamsKA 4`wlc�� G V 1 ,1 S tCE I7 DIEDRICHSEN, hereby certifies that she is the duly 0 0 ppQ t " cialified, and acting City Clerk of the City of Blair, ' ®s ®e ° e d �o .1 N . that the above and foregoing Resolution was duly e, � �p passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of August, 1994. ',Ril �J/ ALICE I. DIEDRICHSEN, CITY CLERK 283 283 EASEMENT The undersigned, Willus G. Mundorf and Bernice M. Mundorf, husband and wife, hereinafter referred to as "Grantors," for good and valuable consideration, hereby grant, convey, bargain, and sell to the City of Blair, Nebraska, a Municipal Corporation, a perpetual easement over and across the following described real estate, to -wit: A strip of land 20.00 feet in width lying 10.0 feet either side of a line described as the Easterly exten- sion of the South line of Lot 2 in Marquardt's Second Hillcrest Addition, said strip of land beginning at the Easterly boundary of Marquardt's Second Hillcrest Addi- tion and extending 150.00 feet Easterly to the point of termination. for the purposes of placement, maintenance, construction, repair, and location of a storm water drainage pipe. The undersigned Grantors further hereby grant, convey, bargain, and sell to the City of Blair, Nebraska, a perpetual easement for ingress and egress over and across the following described real estate, to -wit: A strip of land 20.00 feet in width the centerline of which is described as follows: Beginning at the Southwest corner of Lot 2 in Mar - quardt's Second Hillcrest Addition; thence Easterly along the easterly projection of the South line of said Lot 2 a distance of 150.00 feet; thence Southeasterly to a point on the Westerly boundary of the dedicated right of way of Davis Street, said point being 10.00 feet South of the Southwest corner of Lot 11, Block 2, McMe- nemy's Second Addition and said point also being the point of termination. for the purpose of providing ingress and egress to the real estate described hereinabove across which said drainage pipe shall be constructed and located. The easements granted herein shall be binding upon the heirs, personal representatives, successors, and assigns of the Grantors. llus G. Mundorf, Grantor d Bernice M. Mundorf, so . 4 m= n, VC rin eaz r � m z nic "3 1 STATE OF NEBRASKA Aaar7 04.744.JA Before me, the undersigned, a Notary Public in and for said county and state, personally came Willus G. Nundorf and Bernice M. Mundorf, Grantors in the above agreement, to me known: to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this 23rd day of August, 1994. IX ERALNOTARY-Stittottiettraski 41/ Mrs pint. N SA PUBL ) )ss ) 284 - -•- .,.,., , ., r ,..,,.,.�»!r:.nsq 3 30 r.--- - ... -. ' ,,,,.....4 1: D/ t ` b 1CP f s. • . A.D. ID •._.c.%x • M.' WOXIX _ : _' rri f r . r. J • Cntrrry s, DEDICATION DEED THIS INDENTURE, made this 23rd day of August, 1994, between Willus G. Mundorf and Bernice M. Mundorf, husband and wife, hereinafter referred to as the Grantor, and the City of Blair, Nebraska, a municipal corporation, hereinafter referred to as the Grantee, WITNESSETH, that the said Grantor in consideration of the sum of $1.00 and other valuable consideration and mutual benefits to be derived by the Grantor, the receipt whereof is hereby acknowledged, does hereby dedicate to the public for public use as a street and by these presents does remise, release and forever quit -claim unto the said Grantee, and its successors and assigns forever, all of their right title and interest in and to the following described real estate, to -wit: That part of Lot 1, Block 114, Tenth Addition to the City of Blair, Washington County, Nebraska, described as follows: Commencing at the SE Corner of said Lot 1; thence North 1 20'41 "E (assumed bearing) 165.00 feet on the East line of said Lot 1 to the point of beginning; thence continuing North 1 20'41 "E 25.00 feet on the East line of said Lot 1; thence southwesterly on a 190.63 foot radius non tangent curve to the left, chord bearing South 76 14'26 "W, chord distance 99.35 feet, and an arc distance of 100.51 feet to the North line of the South 165.00 feet of said Lot 1; thence South 89 11'07 "E 95.92 feet on the North line of the South 165.00 feet of said Lot 1 to the point of beginning. Together with all and singular the hereditaments thereunto belonging. TO HAVE AND TO HOLD the above described premises unto the said Grantee and to Grantee's successors and assigns forever so that neither the said Grantor, nor any person in its name and behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof, but they and every one of them shall by these presents be excluded and forever barred. By „-1 . /l�l Willus G. Mundorf By Bernice M. Mundorf 285 1 a, ,F itE 94 AUG 24 PM 2: 18 CHARLOTTE L.PETERS; ;N WASHINGTON COUNTY.CLERr BLAIR. NEBR. • STATE OF NEBRASKA WASHINGTON COUNTY Before me, a notary public qualified for said County, personally came Willus G. Mundorf and Bernice M. Mundorf, known to me to be the identical person who signed the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and notarial seal on August 23rd , 1994. GENERAL NOTARY-State of Nebraska ELIZABETH J. WORSFOLD My Comm. Exp. Aug. 22, 1998 My Commission expires: STATE OF NEBRASKA ) ) :ss: 3305 WASHINGTON COUNTY ) Entered on numerical index and filed for record in the Register of Deeds Office of said County the a4 day of Ctu9tLat 1994, at a. :i8 o'clock g_.m. , and recorded in Book 2.33 of at Page0115 NEBRASKA DOCUMENTARY STAMP TAX r y.4.Th at zt r Ala nt a4. /P 4 By .I ) ) ) :ss 286 August 22 NOT Y PUBLIC , 1998. $e0 REGISTER OF DEEDS By A..e n)' ad,i& ) DEPUTY / 4d 7 IF This agreement made this ail day of , 1994, by and between the City of Blair, Nebraska, a mut1icipal corpora- tion, hereinafter referred to as "Blair," and Willus G. Mundorf and Bernice M. Mundorf, husband and wife, hereinafter referred to as " Mundorfs." and; WITNESSETH: AGREEMENT Whereas, Mundorfs are the owners of the real estate de- scribed as follows: The South 235.5 feet of the North 375.9 feet of Lot 1, Block 114, Tenth Addition to the City of Blair, Washing- ton County, Nebraska, Whereas, the parties have agreed for the construction of a underground drainage pipe for the purpose of carrying storm water run off from Marquardt's Addition in the City of Blair across the above described premises to Davis Street. NOW, THEREFORE, for and good valuable consideration and the mutual benefits to both parties, it is agreed as follows: 1. Mundorfs shall grant to Blair an easement for the con- struction of the initial phase of such drainage tube which shall be for approximately 150 feet. A copy of said Easement is at- tached hereto, marked Exhibit "A," and by this reference made a part hereof. 2. The construction of said initial 150 feet shall be completed on or before December 31, 1994, unless Blair is pro- hibited from same by adverse weather conditions. 3. The second phase shall complete said drainage tube from the initial approximately 150 feet to a connection with Davis Street for the discharge of said storm water upon Davis Street. Construction of said second phase shall be completed on or before December 31, 1995, unless Blair is prohibited from same by ad- verse weather conditions. 4. Mundorfs shall grant to the City of Blair a perpetual easement for the construction, placement, repair, and maintenance of said second phase at such time as plans and specifications for the construction of same have been completed and the legal de- scription of the actual location of said second phase is estab- lished. In the event Mundorfs fail to grant said easement, Blair shall be relieved of any and all obligations for the construction of the second phase. 5. In the event the second phase construction of said drainage tube is located in an area other than as described by the ingress and egress easement description on Exhibit "A," it is agreed by and between the parties said ingress and egress de- scription on Exhibit "A" shall be modified so as to reflect the location of the actual construction of the second phase of said drainage. 6. Mundorfs further hereby grant to the City of Blair a temporary construction easement for the construction of said drainage tube over and across a strip of land twenty (20) feet in width directly adjacent to and south of the easements described on Exhibit "A." Said temporary construction easement shall be in full force and effect until the construction of said drainage tube is completed or until the expiration of the time limits set forth in paragraphs 2 and 3, whichever is sooner. 7. The construction and installation of said drainage tube, including both phases 1 and 2, shall be at the expense of the City of Blair and Mundorfs shall not be obligated or responsible for the payment of any portion thereof. 8. Mundorfs are also granting to the City of Blair a Dedi- cation Deed attached hereto, marked Exhibit "B." The City of Blair agrees to provide a six (6) inch curb on the northerly edge of the road bed on said right of way adjacent to grantors' prop- erty; and further, Blair agrees to provide a rise on the street right of way of a minimum of six (6) inches above the top of the curb on said north edge of said road bed to prevent surface waters traveling upon the road bed from entering the remainder of grantors' lands. 9. Blair further agrees that in consideration of the Dedi- cation Deed that Blair shall hold grantors harmless from any construction or assessment expenses for the road bed or for the building up of the frontage next to the north edge of the road bed on the dedication property. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. Attest: At By Alice I. Diedrichsen, J City Clerk Willus G. Mundorf City of Blair, Nebraska, a It pal Corpor: �n me 'Jenny, Bernice M. Mundorf STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came Willus G. Mundorf and Bernice M. Mundorf, to me known to be the identical persons who signed the above and foregoing agreement, and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this GENE NOTARY State at Nebraska EU tTH J WORSF'OLD My Canm. Exp. Aug 22,1998 GENERAL NOTARY- -State of Nebraska BRENDA R. TAYLOR - My Comm Exp. June 20, I996 23rd day of August , 1994. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came Jerome Jenny, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing agree- ment, and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this o? day of ,Ertutdk-g-LdeA_ NOTARY PUBLIC Q tiLSJ , 1994. COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1994- _ �n WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair for the fiscal year beginning August 1, 1994, and ending July 31, 1995, was published in The Enterprise, the official newspaper of the City of Blair, on August 16, 1994; and, WHEREAS, said budget statement was prepared on Budget Form AP provided by the State of Nebraska and City of Blair budget forms and consists of eighty -seven (87) pages including the notice referred to hereinabove and was filed with the City Clerk on July 26, 1994; and, WHEREAS, a special public hearing was held before the Mayor and City Council on August 23, 1994, at 7 :00 o'clock P.M. for the purpose of receiving testimony with reference to exceeding a 2.7% increase in the property tax revenues for the fiscal year 1994- 1995; and, WHEREAS, notice of such special public hearing was duly published in The Pilot - Tribune, the official newspaper of the City of Blair on August 16, 1994; and, WHEREAS, the Mayor and City Council deem it necessary to exceed the 2.7% increase but not exceeding an increase of five percent in the property tax revenues for the fiscal year 1994- 1995, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that an increase of 4.99 percent (4.99 %) in the General Fund property tax revenues for the fiscal year 1994 -1995 is hereby approved. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that said budget statement is hereby approved as presented and the same is hereby adopted as the official budget of the City of Blair for the fiscal year begin- ning August 1, 1994, and ending July 31, 1995. BE IT FURTHER RESOLVED that an estimate of the probable money necessary for all purposes to be raised in said City during the fiscal year, beginning August 1, 1994, and ending July 31, 1995, for which appropriation is to be made, shall be as follows: FUND ALL SOURCES EST. ADVALOREM EST. General Fund $1,076,807.00 $746,010.00 County Collection and Delinquent Tax Allowance -0- $ 31,647.00 Debt Service $1,641,115.00 45,173.00 Street $1,037,533.00 -0- Landfill $ 224,062.00 -0- Water $5,013,943.00 -0- Insurance $ 289,663.00 - 0 - Sewer $ 424,061.00 -0- Water Bond $1,288,273.00 -0 Capital Outlay Res. $ 16,215.00 - 0 - MIRF $ 18,104.00 -0- Econ. Dev. (LB840) $ 782,719.00 -0- Donated Funds $ 18,853.00 -0- Keno Fund $ 110,000.00 -0- AND BE IT FURTHER RESOLVED that the City Clerk is directed to enter this Resolution at large upon the minutes, and cause the same to be published in The Pilot- Tribune, a general newspaper of general circulation in said City, and that copies of the official budget shall be placed on file in the office of the City Clerk for examination and use of the public. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Mines . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Rros, Long, Mines, Realph, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd. DAY OF AUGUST, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss CITY BLAIR, NEB 4 10 9 BY ,�� r C OME JENNY, s° w• CITY OF •. . =* ' SEAL jAF � O R FIRST CLASS : � I BRASK,•. OnSORSO ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a special meeting of the Mayor and City Council held on the 23rd day of August, 1994. .0/2L, ALICE I. DIEDRICHSEN, CITY CLERK L 11 .1 iL tli 11 1 IInIRaiN.: ,Ili 11111 h 1 IFLLl J RESOLUTION NO. 1994- 31 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City Council of the City of Blair has selected Blair's Big Red Keno Ltd., a Nebraska Limited Partnership, as the keno contractor for the municipality subject to final negotia- tions of an agreement subject to the approval of the City Coun- cil; and, WHEREAS, said agreement has been negotiated and has been presented to the City Council for the operation of said keno lottery; and, WHEREAS, the terms and conditions of said agreement are agreeable to the Mayor and City Council of the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Contractor's Agreement with Blair's Big Red Keno Ltd., a Nebraska Limited Partnership, on file with the City Clerk and presented to the Mayor and City Council is hereby adopted and approved and the Mayor and City Clerk are hereby authorized and directed to execute said agree- ment on behalf of the municipality. 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. Lou. g Mines. Real h,_Rgan and Ghnt VOTING "AYE", AND COUNCILMEMBERS NnnP VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF AUGUST, 1994. CITY, BLAIR, NE BY l �I�FL• s:1 1iC OME JENNY YOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) SWOlgi 'liRASKA s® > .. e. . 4 ,,A RKPg ® . i s k ' g iS, XIEDRICHSEN, hereby certifies that she is )ss 404fit4119 .+ulified, and acting City Clerk of the City of ®� °• 1961 . ®' $ N ° ° 00iid that the above and foregoing Resolution was ® B ®fBd AAAAlIa` passed and adopted at a regular meeting of the Mayor and Council of said City held on the 23rd day of August, 1994. ALICE I. DIEDRICHSEN, CITY CLERK the duly Blair, duly City LOTTERY OPERATOR AGREEMENT This Agreement is made and entered into this AV day of 1994, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "City," and Blair's Big Red Keno Ltd., a Nebraska limited partnership, herei- nafter referred to as "Contractor." WHEREAS, a majority of the voters of the City of Blair cast ballots in favor of authorizing the establishment of a municipal lottery; WHEREAS, the Mayor and City Council of the City of Blair authorized such lottery be established and advertised for propo- sals for a keno type lottery to be operated by an independent contractor lottery operator; WHEREAS, the Contractor's proposal for operating a lottery was accepted by the City of Blair; WHEREAS, the Contractor agrees to conduct a lottery in compliance with all applicable laws, rules and regulations of the United States, State of Nebraska, and City of Blair; and WHEREAS, the proceeds of the lottery shall be used solely as permitted by law including community betterment purposes, award- ing of prizes, and the payment of taxes and expenses. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do hereby agree and contract as follows: 1. DEFINITIONS RECITALS a. Gross Proceeds. "Gross Proceeds" shall mean the total aggregate receipts received from the conduct of the lottery without any reduction for prizes, discounts, taxes or expens- es and shall include receipts from admission costs, any consideration necessary for participation, and the value of any free tickets, games or plays used; but shall not include any amounts received from the sale of concessions or any other legitimate business operations as authorized hereinbe- low. b. .Expenses. Expenses shall mean: (1) all costs associated with the purchasing, printing or manufacturing of any items to be used or distributed in the lottery; (2) all office or clerical expenses in connection with the lottery; 1 (3) all promotional expenses for the lottery; (4) all salaries of persons employed to operate, conduct, or supervise the lottery; (5) any rental or lease expense related to the lottery; (6) any fee or commission paid to any person associated with the lottery; (7) license fees paid to the department; and (8) any other costs associated with the conduct of the lottery, but not including taxes paid pursuant to Neb. Rev. Stat. Section 9 -648 or prizes awarded to participants. c. Keno Lottery or Keno Tvve Lottery.„ "Keno Lottery" or "Keno Type Lottery" shall mean any lottery as permitted by Neb. Rev. Stat. Section 9- 607(1)(c)(ii). d. Others. For the purposes of this agreement and except for those definitions expressly set forth herein, unless the context otherwise requires, the definitions found in the Nebraska County and City Lottery Act, Neb. Rev. Stat. Section 9 -601 et seq., and any rules and regulations promulgated thereunder shall be used. 2. RIGHTS AND DUTIES OF CONTRACTOR. a. The City hereby grants to the Contractor and the Contrac- tor hereby accepts the exclusive right to operate personally and directly on behalf of the City a keno type lottery (as defined in Neb. Rev. Stat. Section 9 -607) within the corpo- rate limits of the City for a period of five (5) years from the date of execution of this agreement, and the City hereby grants to the Contractor the exclusive right to operate personally and directly on behalf of the City such a lottery for an additional period of three (3) years. The Contractor shall give notice in writing of his intent to operate such lottery for the additional three (3) year period not less than six (6) months prior to the expiration of the initial five (5) year term. In operating such lottery, the Contrac- tor acknowledges and agrees that it is acting in the capacity of an independent contractor only. b. The Contractor agrees that the keno type lottery to be operated by it will strictly conform to the Contractor's proposal to the City which is attached hereto and marked as Exhibit "A," and all presentations, handouts, materials, literature attached hereto are incorporated herein by the reference, as well as the terms, provisions, and conditions of this agreement. To the extent that any terms of the Contractor's proposal and this agreement are deemed or con- strued to be inconsistent or in conflict, the terms of this Agreement shall apply. c. The Contractor agrees to strictly comply with and conform to the requirements, provisions, and conditions of the Ne- 2 braska County and City Lottery Act, Neb. Rev. Stat. Section 9 -601 et seq., together with any and all other federal, state, and local laws and administrative rules and regula- tions promulgated by the Nebraska Department of Revenue. d. The Contractor agrees to have the keno type lottery game or games in operation within one hundred twenty (120) days following notification of the City's acceptance of the Con- tractor's proposal. Prior to commencing operation, the Contractor shall not permit any participation in the keno lottery in exchange for any consideration without actual possession of the required lottery operator's license from the State of Nebraska. e. The Contractor agrees to submit to the Nebraska Depart- ment of Revenue an application for a license as a lottery operator and all required documentation and information as soon as reasonably possible after final approval of this agreement, and to promptly complete all acts necessary to obtain such operator's license as required by Neb. Rev. Stat. Section 9 -630 at all times during the term of this agreement. f. The Contractor shall provide the expertise, equipment, services, supplies, employees, locations, and financing necessary to operate the keno type lottery on behalf of the City. Each outside ticket used in the keno lottery shall have the City's name printed clearly thereon and shall bear numbers, which numbers shall be in sequence. No such ticket shall be sold unless the name of the City and number are printed thereon. 3. LOTTERY FACILITIES. a. The Contractor agrees to operate a keno type lottery from one main or primary location within the corporate limits of the City, but may, with approval of the City Council, simul- taneously conduct the same keno lottery game at satellite locations within the City. Such main location shall be the headquarters for all of the keno lottery operations and shall be the location at which winning numbers are selected. A complete description of the main location shall be provided to the City for its approval prior to the start of keno operations. b. The Contractor may not change the main location or estab- lish additional main locations without the prior approval of the City Council, which approval shall not be unreasonably withheld. Any move to a new main location must be accom- plished in such a fashion as to cause not more than three (3) days delay or interruption in the conduct of the keno lottery operation. Proposals for additional main locations must be in the form required in the bid specifications for keno lottery operation for the City of Blair and shall be subject 3 to all provisions of this agreement; except that a bid bond and the required background information need not be submit- ted. No additions or structural alterations to any main location which materially affect keno operations shall be erected without prior approval of the City Council. c. The Contractor may sell concessions, including alcoholic liquor, and conduct other legitimate business operations on the premises of the main location; provided that the Contrac- tor shall comply with all applicable federal, state, and local law in selling such concessions. All proceeds, expens- es, and liabilities resulting from the sale of concessions shall be the property and sole responsibility of the Contrac- tor and the Contractor shall maintain separate records and bank accounts for all concessions which shall not be commin- gled with any funds or proceeds received in the conduct of the keno lottery; provided, however, that nothing herein shall limit the auditing, examining, or reporting require- ments provided for in this agreement with respect to conces- sions sales or lottery proceeds. d. It is understood and agreed by the Contractor that the City, in approving this agreement is making no guarantees or assurances that the Contractor shall be awarded or granted a liquor license to allow for the sale of alcoholic beverages at the main location. Any retail liquor license application shall be reviewed and considered like any other retail liquor license application and the Contractor must meet the requirements of and comply with the provisions contained in the Nebraska Liquor Control Act Neb. Rev. Stat. Section 53- 101 et seq. 4 e. The Contractor may operate any number of satellite loca- tions subject to the approval of the City Council, which approval shall not be unreasonably withheld. Each satellite location must meet the following qualification standards: (1) The Contractor and the satellite owner must have a written agreement governing keno lottery operations at the satellite location. Such agreement shall prohibit any satellite owner from violating any law, rule, or regula- tion governing the keno lottery operation and such agree- ment shall be submitted to the City Council; (2) The satellite location shall have seating capacity and available parking sufficient to accommodate members of the general public who may wish to come to the location to observe or play the game of keno or to engage in any other activity conducted on the premises; (3) The satellite location shall have sufficient facili- ties to permit the Contractor to sell keno tickets; (4) The satellite location shall have a board or other monitor, clearly visible to the players, on which the winning numbers are displayed simultaneously with their display at the main location; (5) The satellite location shall have proper security for the keno lottery operations and associated activities; and (6) All persons with any direct or indirect ownership in the location must be of good character and financially responsible. Each satellite location shall possess the capability of issuing keno tickets, communicating ticket transactions information to the main location, and displaying and reviewing winning numbers through dedicated on line technolo- gy f. The Contractor shall be responsible for the operation of the keno lottery at each location in strict compliance with this agreement and all laws, rules, and regulations governing keno lottery operations. The Contractor shall notify the City of any violation occurring at a satellite location and shall take all necessary action to correct any violation occurring at the satellite location within twenty -four (24) hours of the time the Contractor knows or should have known of the violation, including termination of all keno lottery operations at the satellite location, if necessary. g. The Contractor shall carry out its marketing program substantially in accordance with the information provided to the City Council as a part of the Contractor's proposal, which information is attached hereto and marked as Exhibit "B," and is incorporated herein by this reference, provided that the dates provided in those materials are subject to change. During the first year of the term of this contract, Contractor shall spend at least one -half of one percent (.5 %) of Gross Proceeds of the Blair keno lottery for such year on marketing expenses directly attributable to the Blair keno lottery, including without limitation the cost to the Con- tractor of obtaining, running and distributing newspaper advertisements, billboards, promotional items, giveaways, flyers, point of sale materials, posters and other marketing promotions and materials. After the first year of the con- tract, the Contractor shall spend at least one -third of one percent (.333 %) of Gross Proceeds of the Blair keno lottery for said marketing expenses. Said marketing expenses shall be a part of the Contractor's fourteen percent (14 %) of the gross proceeds. 4. HOURS OF OPERATION. 5 a. The Contractor may operate the keno lottery only between the hours of 6:00 A.M. and 1:00 A.M. 5. APPROVAL OF EQUIREENTAMPLAEOBITX. a. Prior to commencing operation, the Contractor shall submit for inspection, testing, and approval all lottery equipment proposed to be used in the keno lottery operation. Said inspections and /or tests shall be conducted by the City or its designee, including but not limited to the Nebraska Department of Revenue, Federal Bureau of Investigation (FBI), other governmental or law enforcement agencies, or independ- ent testing or auditing firms. Any such inspection may be in addition to any required by state law. Inspections or tests may also be conducted at any time during the course of this agreement by the City or its designee without prior notice. The City retains the right to reject any lottery equipment not meeting all legal requirements its approval which shall not be unreasonably withheld. In the event of rejection, the Contractor shall immediately discontinue use of such lottery equipment and provide sufficient lottery equipment to perform its duties under this agreement. b. The Contractor shall be required to install and maintain security devices and measures to ensure the integrity, hon- est, and fairness of the keno lottery operation. Such secur- ity system is subject to the approval of the City, which approval shall not be unreasonably withheld. The security system is subject to inspection and testing at any time without prior notice in the same manner described in para- graph 5.a. c. One (1) copy of the detailed plans, drawings, and speci- fications of the security system, outlining in specific detail the system and devices to be used shall be kept on file in a secured place in the office of the City Administra- tor of the City. The same shall be available only to indi- viduals authorized by the City Administrator, with the con- currence of the Contractor, to have access to the same for the purpose of ensuring compliance with this agreement, and in particular paragraph 5.b. above. Any such material shall not be construed to be a public record. The Contractor shall keep this information continually current. 6. TERM.. a. The term of this agreement shall be for five (5) years from the date of execution of this agreement; provided, however, that the Contractor shall be subject to a probation- ary period of one (1) year from the date that the Contractor commences operation of the keno lottery, during which time the City shall review and examine the keno lottery operations conducted by the Contractor and may cancel this agreement and 6 terminate said lottery operations for any reason whatsoever upon five (5) days notice to the Contractor; provided, howev- er, that such termination may not be arbitrary and capri- cious. 7. COMPENSATION AND ALLOCATION QF PROCEEDS. a. Excluding proceeds on the sale of concessions and other legitimate business operations, the Contractor shall be entitled to an amount not to exceed fourteen percent (14 %) of the gross proceeds of the keno lottery and shall from said fourteen percent (14%) be solely responsible for the payment of all expenses and operation of the keno lottery, including taxes, insurance, rent, advertising, printing, manufacturing, equipment, supplies, fees, commissions, salaries, marketing expenses required in paragraph 3(g), and all other such expense incurred in the operation of the keno lottery; pro- vided, however, the City and not the Contractor shall be responsible for the two percent (2 %) lottery tax imposed upon the City pursuant to Neb. Rev. Stat. Section 9 -648. b. Pursuant to Neb. Rev. Stat. Section 9 -629, no less than sixty -five percent (65 %) of the gross proceeds of the keno lottery shall be used for the awarding of prizes. The Con- tractor may, in its discretion, adjust upward from sixty -five percent (65 %) the amount of gross proceeds used for awarding prizes to the participants; provided, the minimum set forth herein shall not amend or supersede the percentage for award- ing of prizes set forth in the proposal, and that the Con- tractor provide the City written notice within twenty -four (24) hours any change in the prize pay tables. c. The remainder of the gross proceeds of the keno lottery shall be paid to the City, but in no event shall the Contrac- tor pay to the City with respect to any calendar month, or portion thereof, an amount less than nine percent (9 %) of the gross proceeds two percent (2 %) of which shall be used to pay the state tax pursuant to Neb. Rev. Stat. Section 9 -648) for said period. d. The payment of proceeds to the City shall be made no later than fifteen (15) days following the last day of the keno lottery operations for each month and shall be accompa- nied by the monthly financial report as provided for in paragraph 8.a. of this agreement. Interest shall accrue on all payments due the City at the judgment interest rate established by state law from the first day of each month such payment is due until paid, if payment is not made on or before fifteen (15) days following the last day of the keno lottery operations for each month. 8. RECQRD KEEPING AND AUDITING. a. The Contractor agrees to maintain or cause to be main- tained complete books and records of all operations associat- ed with the operation of the keno lottery, including but not limited to all costs and proceeds associated with the keno lottery and concession sales. All books and records must be sufficient to comply with the provisions of the Nebraska County and City Lottery Act, Neb. Rev. Stat. Section 9 -601 et seq., and the rules and regulations promulgated thereunder. The Contractor shall submit to the City monthly financial reports for said operations no later than fifteen (15) days following the last day of each month's operation. Such month- ly reports shall contain all information necessary to com- plete any report required by law, rules, regulations, includ- ing information related to proceeds, expenses, taxes, fees, maintenance, and commissions for the month reported. For reasonable cause the City may, at its option, request that any report be submitted weekly. b. The City shall have the right, without notice, to review and examine all books and records of the Contractor relating to the keno lottery operations, sales of concessions,• and other legitimate business operations conducted at the keno lottery locations. An annual audit of the Contractor's books and records as required by the County and City Lottery Act and Regulations shall be conducted by an independent certi- fied public accountant firm, the cost of which shall be borne by the Contractor. The City shall have the right to conduct or cause to be conducted an audit of the Contractor's books and records at any other time. If the City elects to retain outside auditors in the performance of such audit, the City shall pay the cost of such audit. c. The Contractor agrees to provide to the City, and keep current, financial statements of the Contractor, each officer or director of the Contractor, each partner of the Contrac- tor, and all shareholders of the Contractor owning greater than five percent (5 %) of the outstanding equity of the Contractor. The financial statements of the Contractor shall be prepared by an independent certified public accountant. The Contractor shall prohibit the transfer of its shares or submission of its proposal without prior approval of the City. d. The Contractor agrees to notify the City within seven (7) days of the commencement of any litigation, whether civil or criminal, involving the Contractor, any officer, director, or partner of the Contractor, any shareholder of the Contractor, or any keno manager. In addition, the Contractor agrees to notify the City of any violation of the applicable laws, rules, and regulations governing keno lottery operations committed by an employee of the Contractor within twenty -four 8 (24) hours of the time the Contractor knows or should have known of the violation. e. The Contractor shall be responsible for all federal, state, and local taxes, licensing, and reporting requirements for itself, the City, and lottery winners as provided or permitted by law; except that the City shall be responsible for payment of the two percent (2 %) lottery tax imposed upon it pursuant to Neb. Rev. Stat. Section 9 -648, but the Con- tractor shall prepare any report therefore. The Contractor shall register with the Internal Revenue Service pursuant to Section 4412 of the IRS Code, and pay the required occupation tax unless the keno lottery operation conducted by the Con- tractor is not subject to the federal excise tax on wagering imposed under Section 4401 et seq. of the Internal Revenue Code of 1954. The Contractor shall submit to the City a copy of all reports of any kind filed with the Nebraska Department of Revenue or the Internal Revenue Service within ten (10) days of such filing. f. All gross proceeds of the keno lottery, except that portion paid out in cash prizes of One Thousand Five - Hundred Dollars ($1,500.00) or less, shall be deposited in a separate bank account maintained at a bank of the City's choosing. All expenses and prizes, except cash prize payouts of One Thousand Five - Hundred Dollars ($1,500.00) or less, shall be paid by check drawn on said bank account. g. The Contractor shall provide a monthly ticket report to the City with a detailed record of all tickets and of each winning ticket and amount. The Contractor shall provide in said monthly report the name and address of each player with net winnings of One Thousand Five- Hundred Dollars ($1,500.00) or more. The monthly ticket report shall be provided within twenty -five (25) days following the last day of each month's operations. h. In the event this agreement is terminated or forfeited prior to the expiration of its term, the Contractor shall immediately submit to the City a financial report prepared as would otherwise be required, since the period for which the payment was made. Payment for said period shall be due to the City within fifteen (15) days following the termination. 9. DEFAULT. a. The Contractor shall be deemed in default of this agree- ment upon the happening of any of the following events: (1) Insolvency of the Contractor; (2) The filing of a petition of bankruptcy for the protec- tion, under chapters 7, 11, or 13 of the Bankruptcy Code, of 9 the Contractor, any officer, director, or partner of the Contractor, or any shareholder of the Contractor owning greater than five percent (5 %) of the outstanding equity of the Contractor. (3) The conviction of the Contractor, any officer, director, partner, or employee of the Contractor, or any shareholder of the Contractor of a felony relating to the honesty or trust- worthiness of the Contractor in performance of this agreement or in the performance of any other gaming operation. Convic- tions of other crimes involving moral turpitude or of such a nature as, in the opinion of the City, may in any way ad- versely reflect upon the keno lottery operation or the City, or in any way give the appearance of impropriety, shall give the City, by and through the City Council, the right to request the removal of any such person so convicted. Failure to honor such request will constitute a breach of this agree- ment; (4) The failure to comply with any federal, state, or local law, or rules and regulations; (5) The failure to commence operation as required by this agreement or the interruption of cessation of operations at any keno lottery location for: (a) A continuous period of more than three (3) days without written approval from the City; or (b) Fifteen (15) days of interruption accumulated during any six (6) month period without approval of the City. (6) The failure to provide material information, the fur- nishing of false information, or the omission of material information as required to be disclosed by the Contractor under this agreement, the Specifications for Lottery, or the Contractor's proposal; (7) Any attempt to evade any material provision of this agreement, or the practice of any fraud or deceit upon the City or patrons of the keno lottery operations; (8) The failure to cooperate with any certified public accountant performing auditing functions provided for by this agreement, the Police Department, any City officials, the City Council, officials of the Department of Revenue, or any other public authority empowered to monitor or enforce this agreement; or (9) Any breach of this agreement. 1 0 10. COMPLIANCE WITH GOVERNING LAWS. a. The Contractor agrees to comply and conform with all applicable federal, state, and local laws relating to the operation of the keno lottery. In the event any such law should be changed, amended, repealed, or newly enacted, the Contractor shall conform the keno lottery operation to such change by the time of the effective date of the change in law. In the event the particular keno type lottery placed in operation with this agreement is declared illegal, or the enabling statutes of the State of Nebraska are repealed, or other similar federal or state action occurs, this agreement may be terminated by the City without liability. In the event that a change in federal or state law resulting in licensing, reporting, filing, disclosure, or other noneconom- ic type regulation, the Contractor shall conform and comply with all such regulation and this agreement shall continue in full force and effect. b. Should the City determine that a material provision of this agreement is affected by any subsequent action of the federal or state government, the City Council shall have the right to modify any of the provisions herein to such reason- able extent as may be necessary to carry out the full intent and purpose of this agreement. 11. CESSATION Oft INTERRUPTION op OPERATIONS. a. In the event that the Contractor shall cease operations at any main location for more than twenty -four (24) hours, except Sundays and legal holidays, the Contractor shall notify the City in advance of the interruption or as soon thereafter as possible stating the reasons for the interrup- tion and the anticipated length of the cessation of opera- tions. In no event, however, may the Contractor cease or interrupt operations for a period of more than three (3) days without written approval by the City. 12. INSURANCE. a. The Contractor shall at all times maintain insurance with an insurer acceptable to the City covering general liability in the amount of One Million Dollars ($1,000,000.00) per person, Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,000.00) for property damage, and shall provide for assumed contractual liability coverage as imposed by this agreement notwithstanding that the City be a named insured. The Contractor shall provide proof of such insurance to the City and the City shall be an additional named insured. Such insurance shall contain a non - cancellation provision requir- ing thirty (30) days notice to the City prior to cancellation of coverage. The Contractor shall maintain coverage for 11 workers compensation as required by state law. Failure to maintain insurance as required shall constitute a breach of this agreement. 13. 2BRFORMANCE BO1 a. The Contractor shall provide a performance and payment bond in the form of a corporate surety acceptable to the City in the penal sum of Seventy -Five Thousand Dollars ($75,000.00); such bond to guarantee the Contractor's full and complete performance of this Agreement, including payment to the City of all sums due hereunder and payment of all prize claims. Such bond shall provide that any termination or cancellation during the term of the Lottery Operator Agreement shall not be effective unless and until a replace- ment bond in form and surety satisfactory to City has been filed with the City. Failure of the Contractor to continu- ously maintain such bond during the term of this agreement shall be deemed a material breach hereof. b. In lieu of said bond, the Contractor may file with the City an irrevocable letter of credit issued by a local bank or other financial institution in the amount of Seventy -Five Thousand Dollars ($75,000.00). The form of the letter of credit and institution upon which it is drawn must be ap- proved by the City. 14. CONTRACTOR'S EI4LOYEES. a. the Contractor agrees to provide adequate training and supervision of its employees. Each employee who is engaged in the operation of the keno lottery or who has direct unsu- pervised access to the lottery equipment shall be individual- ly bonded in the amount of Two Thousand Dollars ($2,000.00). Each employee shall be subject to a complete and thorough background investigation and criminal history check prior to and throughout their term of employment, the cost of which shall be borne by the Contractor. Said investigation may be conducted by any governmental agency or private investigator designated by the City. 15. LIABILITY AND INDBMIFICATION. a. The Contractor shall bear sole responsibility and shall hold harmless and indemnify the City from all claims, includ- ing all sums reasonably expended for attorneys fees in the defense of any claim or loss arising from the operation of or failure to operate the keno lottery. Such claims shall include but not be limited to claims regarding the ownership, selection, possession, use, leasing, renting, operation, control, maintenance, delivery, and installation of equipment provided by the Contractor. The Contractor further agrees to 12 hold harmless and indemnify the City for any and all loss, damage, injury, and claims arising and /or resulting from the conduct of the keno lottery, including but not limited to bodily injury to third parties or damage to property, finan- cial loss by reason of entitlement to or settlement of prizes exceeding net proceeds, failure by the Contractor or its employees and agents to comply with the terms of this agree- ment, and all injury or damage that may result from any operations of services rendered under the terms and condi- tions of this agreement whether or not resulting from a negligent act or omission of the Contractor. b. The Contractor shall bear full responsibility and liabil- ity for any and all prizes in the operation of the keno lottery and shall be solely responsible for honoring and paying all prize claims. The Contractor shall pay all prizes in the manner and at the time required by this agreement or applicable law, rule, or regulation. As specific and primary security for the Contractor's performance of this obligation: (1) Prior to commencing operation, the Contractor shall deposit with the City a cash reserve in an amount two (2) times the amount of the maximum prize that is possible to be won in any regular game, or alternate security of like amount, such as a surety bond or letter of credit, acceptable to the City in its sole and absolute discretion. In the event the Contractor offers a progressive keno game with a prize exceeding the maximum possible prize in a regular game, the Contractor must maintain the cash reserve or alternative security in an amount not less than the sum of the maximum prize possible to be won in the regular game plus the amount available to be won in the progressive game. (2) The City, by and through the Mayor and City. Council, shall have the right to withdraw amounts from the reserve or security in the event the Contractor fails for any reason to pay legitimate claims or prizes. (3) The Contractor shall maintain and replenish the cash reserve or security as necessary to maintain the required reserve. After any drawing upon the reserve security, the Contractor shall replenish the reserve to the required amount before conducting any keno lottery game. (4) The City shall bear no responsibility or liability whatsoever for any prize claims and the cash reserve or security is to be maintained solely for the purpose of ensur- ing a fair and honest keno lottery and to assure the finan- cial responsibility of the Contractor. (5) Such reserve shall be invested and maintained by the City subject to the City's withdrawal in a separate FDIC insured bank account which shall be interest bearing, the 13 interest of which shall be credited to the reserve balance. The City alone shall have the authority to withdraw funds from such account and shall pay interest earned to the Con- tractor on a quarterly basis as long as the proper reserve balance is maintained. (6) The cash reserve for security shall be returned to the Contractor after all prizes and claims have been paid and settled at the termination of this agreement. 16. CONFLICT OF INT :' EST. a. Neither the Contractor, nor any officer, director, partn- er, shareholder, or employee of the Contractor shall operate any other lottery or game of chance within a fifteen (15) mile radius of -the main location provided for herein without prior written consent of the City Council. This section shall not prohibit the Contractor from conducting a lottery by the sale of pickle cards under the Nebraska Pickle Card Lottery Act Neb. Rev. Stat. Section 9 -301 et seq. Pickle card lotteries shall be a separate operation of the Contrac- tor and no proceeds from said operations shall be commingled with the keno lottery operation. b. The Contractor shall not permit any person whom it knows to be an elected or appointed official of the City or member of his /her immediate family either directly or indirectly, during his /her term of office and for one (1) year thereafter to own any interest in or be employed by, or in any manner receive, either directly or indirectly, payments or other things of value from the Contractor, from any parents, sub- sidiary or affiliate entity of the Contractor, or from any person owing an interest or working for any of the foregoing or promoting the interests thereof. For purposes of this agreement, "immediate family" shall mean a person who is related to the official by blood, marriage, or adoption and resides in the same household of the official; or person who is claimed by the official, or spouse of the official, or spouse of the official, as a dependent for federal income tax purposes. 17. PLAYER INELIGIBILITY. a. Neither the Contractor, nor any officer, director, partn- er, or shareholder, of the Contractor, or their immediate family, nor any other employee of the Contractor, shall play the keno lottery or claim any keno lottery prizes. 18. DISCRIMINATION. a. No person shall on the grounds of race, color, sex, age, national origin, or political or religious opinion or affil- iation, be excluded from participation in, be denied the 14 proceeds of, or be subject to unlawful discrimination of any nature in any activity conducted pursuant to the terms of this agreement, provided that Contractor may: (1) Refuse to permit play by any person prohibited from playing under applicable law; (2) Allow its locations, in their discretion from time to time, to adopt policies barring from their premises persons prohibited under applicable law from consuming alcohol; and (3) Bar from employment any person prohibited from partici- pating in County and City Lottery Act activities under appli- cable law. 19. TERMINATION. a. The City may terminate this agreement upon twenty (20) days notice to the Contractor at any time the Contractor breaches any of the terms of this agreement or is otherwise in default of the agreement and shall have failed to cure such breach or default within the twenty (20) day period after notice is given of such default or breach from the City. b. This agreement may also be thirty (30) days notice to the lottery has been discontinued by Neb. Rev. Stat. Section 9 -626 or terminated by the City upon Contractor if the keno type an election authorized under Section 9 -627. 20. REMEDIES. a. In the event of any breach of this agreement, and in addition to all remedies available under this agreement or at law or in equity, the City shall be entitled to affirmative or negative injunctive relief. 21. WAIVER,. a. Failure of the City upon any one (1) or more occasions to insist upon or seek compliance with any condition or provi- sion of this agreement shall not be deemed to be a waiver of compliance with any similar or dissimilar provisions or conditions. 22. ,gEVERABILITY. a. Any invalidity or unenforceability of any provision or provisions of this agreement shall not affect the validity or enforceability of any other provision of this agreement, nor shall the invalidity or unenforceability of a portion of any provision of this agreement affect the validity and enforce- ability of the balance of such provision. All other provi- sions and parts of provisions shall remain in full force and 15 effect; provided, however, if in the sole opinion of the City the removal or inoperative effect of any such provision or part of any provision so declared invalid or unenforceable shall materially affect the City's rights hereunder, the City may terminate this agreement. 23. CONSTRUCTMT ION . a. This agreement incorporates and integrates all terms and conditions of all documents and law mentioned herein or incidental hereto and constitutes the entire agreement bet- ween the parties hereto superseding any prior agreement or understanding whether oral or written, express or implied. This agreement may not be discharged or modified except as provided herein or permitted by law. Any and all such amend- ments or modifications to this agreement shall be binding upon the Contractor's surety without notice to the surety. All bid specifications soliciting bids for this agreement, the Contractor's proposal, and all presentations, handouts and materials provided by the Contractor and attached hereto are incorporated herein by this reference and shall be bind- ing terms of this agreement. 24. APPLICABLE LAW. a. This agreement shall be governed and construed in accor- dance with the laws of the State of Nebraska. Any legal action to enforce or declare any rights or obligations creat- ed or imposed by this agreement shall be commenced in a court of the State of Nebraska. 25. ASSIGNABILITY. a. The parties hereto agree that all rights and obligations created or imposed by this agreement are personal to the parties and that neither this agreement nor any rights or obligations hereunder may be assigned, transferred, or sub- contracted by the Contractor without the prior express writ- ten consent of the City. Violation of this provision shall be deemed a material breach of this agreement. 26. NOTICES. a. Notices, for any and all purposes hereunder, including service of process, shall be deemed to be sufficient if sent by certified or registered mail, postage prepaid, addressed as follows: 16 (1) To the City: City of Blair, Nebraska 218 South 16th Street Blair, Nebraska 68008 (2) To the Contractor: Blair's Big Red Keno Ltd. 1650 Farnam Street, 9th Floor Omaha, Nebraska 68102 Attn: Gary Vander Woude Chief Financial Officer The parties hereto may designate a different person or ad- dress by providing written notice of such change to the other party. 27. ADVERTISING AND PROMOTION. a. The Contractor shall be responsible for all advertising and promotion of all keno lottery operations. In the event that federal or state law precludes the Contractor from engaging in any type of desired advertising, such advertising may be proposed and placed by the Contractor and purchased by the City, if permitted by law, subject to prompt and complete reimbursement by the Contractor. b. The City, by and through, the Mayor and City Council reserves the right to reject any advertising or other promo- tional activity for the keno lottery operation for any reason and require its discontinuance. 28. FORCE MAJEURE. a. If the Contractor's ability to perform under this agree- ment is, in the opinion of the City Council, substantially impaired by reason of any cause which is unforeseeable and beyond the Contractor's control, including but not limited to fire, casualty, catastrophe, unavoidable accident, riot, war, strike, or act of God, the Contractor shall have the right to terminate this Agreement; provided, however, that upon such termination the City shall have the right to retain any cash reserve and /or performance bond for a period not to exceed six (6) months to insure that all outstanding valid claims against the Contractor are honored or paid in whole. Alter- natively, the Contract may, in lieu of terminating this agreement, seek the City's approval of a proposed plan to remedy the impairment within a specified time, which plan may include modifications to the terms of this agreement. Any modifications must be mutually agreed upon and expressed in writing. The Contractor shall give the City written notice of an intent to invoke the provisions of this paragraph within forty-eight (48) hours of the event impairing the Contractor's ability to perform. 17 •I J 1 .I fllI III lulu 11 1� ATTEST: ATTEST: Dated this ,fi day of .hut, 1994. Alice I.'Diedrichsen, City Clerk i m/,' 0:4 OF Q ''• aaa I. le • • • • • ft :. CRY OF • • • r • = a SEAL 's if • . • 1. FIRST CLASS rr■ • P �• • ... °°Q Oeaoc®lIcu - 6 18 Tit e:e Blair's Big Red Keno Ltd., A Nebraska ,sited Partnership A /1 COUNCILMEMBER RESOLUTION NO. 1994 -- 19 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 prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that there shall be no parking on the west side of Twenty- eighth Avenue from College Drive north to the municipal limits, and that the Street Department of the City of Blair is 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. BE IT FURTHER RESOLVED the prohibition of parking on the east side of Twenty- eighth Avenue from College Drive north to the municipal limits is hereby repealed and rescinded. BE IT run:rnAk RESOLVED that following the passage and publi- cation of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said no parking designa- tion. COUNCILMEMBER Ryan 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, Ryan and Shotwe VOTING "AYE", AND COUNCILMEMBERS Mn„o VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 91-d DAY OF AUGUST, 1994. STATE OF NEBRASKA )s WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, her certifies that she is the duly appointed, qualified and acti g City -rk of the City of Blair, Nebraska, and that the abov and foregoing R elution was passed and adopted at a regular meting of the Mayor and City uncil of said City held on the d day of August, 1994. ALICE I. DIEDRICHSEN, CITY CLERK ATTEST • A10/7/1-4 L.a ALICE I. DIEDRXC SEN, 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 23rd day of August, 1994. . ALICE I..DIEDRICHSLN, CITY CLERK COUNCILMEMBER RESOLUTION NO. 1994- 33 MINES INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the dedicated street right of way line between Lots 25 and 26 in 66 Heights Addition and between Lots 41 and 42 in Arbor Heights First Addition both to the City of Blair, Washington County, Nebraska, from and between Twentieth Avenue Circle to Eighteenth Avenue is hereby named Street. 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, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rd DAY OF AUGUST, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss CITY • BLAIR, NEBRAS BY or e ® flo ®nee„a®,Q„ 1117:! ri SEALS 0 M ® FIRST CLASS * 'tfeSaaPiCa58:11C:afV Jensen ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23rd day of August, 1994. O ..gt 0,..,e_clAze4.a.a,,,, ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER KROS RESOLUTION NO. 1994- 34 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C, Spirits, Wine, and Beer On and Off Sale Only Inside Corporate Limits Liquor License for Terry A. Matzen and Amy J. Matzen d /b /a "Dinkly's Tavern." 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 r ukc.rnr c 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 . UPON ROLL CALL, COUNCILMEMBERS Abbott. Fay. Kros. Long. Mines. Realph, Ryan and Shntwt11 VOTING "AYE" AND COUNCILMEMBERS Nnnp , VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS23rd DAY AUGUST, 1994. ATTEST: I le:Lp1 0-4 R;2_A i? .tom a o.,4 7 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 21,-a day of August, 1994. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with an Agree- ment in the standard form acceptable to the City with Donald C. Adamson and Neva G. Adamson for the creation of Adamson's Ridge - mark Addition, an addition to the City of Blair, Washington County, Nebraska. WHEREAS, the terms and conditions of the agreement are ac- ceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the Developer's Agreement referred to hereinabove 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 Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Mines, Realph . Ryan auli4 S}ir i-w l i VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 1994. ATTEST: RESOLUTION NO. 1994- 35 0 ALA* 07.8 `' »RICHSEN, CITY CLERK =s - JTY OF � . =* a SEAL 1 D FIRST CLASS / P G. ® 0 �� °B ©d ry c m 1961 a0 °'° ©$ BB''4BRRSK '000. �Bi ®0 46010 18 /m� CITY OF BLAIR, 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 13th day of September, 1994. ALICE I. DIEDRICHSEN, CITY CLERK DEVELOPER'S AGREEMENT This agreement made this Ml" day of September, 1994, by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Donald C. Adamson and Neva G. Adamson, hereinafter referred to as "Developers." WHEREAS, Developers propose to develop the real estate legally described as follows: Part of Tax Lot 229 lying in the Northeast Quarter of the Northwest Quarter of Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. 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. 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 extension districts for the construction of a street to develop the above described lots. 2. All improvements and construction under said district 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, Developer; 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 lair for payment of the Developers' share on the contracts for co struction of said improvements. 4. It is pecifically agreed between the parties, Develop- ers shall be res nsible for and pay upon completion of construc- tion under the ontracts, a sum equal to twenty percent (20 %) of the actual cons ruction cost. In the event said surety bond or cash deposit exc eds said twenty percent (20 %), Blair shall remit the balance to velopers. 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 Developer and other persons, 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 prem- ises 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. ona. d C. A - §9 Developer , � CTYOF 4TTES AL • °'�1`y FIRST' CLASS ; " •* � 961 ° ° e ♦ � ° � ,s � ° 1Rfas► ♦ P hew_- ' .A1.. -- By Alice I. Diedrichsen, City Clerk Cit A-,44 G. Adamson, Developer me Jenny, May6 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1994 - 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 a stop sign be placed at the intersection of Riverview Drive and Blane Street for the purpose of stopping traffic east bound on Riverview Drive 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 Mines MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL COUNCILMEMBERS Abbott, Fay, Kros, Mines, Realph, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 1994. ATTEST: 1/l ALICE I. (SEAL) DIEDRISE CITY CLERK a ® 0.9111 � ®gy � ® o C Y m o ° © © m � a CITY OF % Gn SEAL © FIRST cuss m e nt � ��0 e iR '�'aora�coa o0a ®0 m m CITY OF BLAIR, NEBRASKA BY .►',ice �� Ji OME JENNY, STATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council held on the 13TH day of September, 2994. O h) Q, io >ohr � .�.11�r� ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Shotwell 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 a stop sign be placed at the intersection of Arthur Street and Blane Street for the purpose of stopping traffic east bound on Arthur 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 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 27th DAY OF SEPTEMBER, 1994. is � o0 � Q0q c>.N 1 • • e w/ CITY OF •� 0 °* i SEAL = * ® q FIRST CLASS • o° 4 f T ' i l 9„....... ,�T °`0 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1994 -3 CITY OF BLAIR, NEBRASKA BY JENNY, OME a 11 .1 1111 L. !I116d 111 II II 1 I.l Illii 1 llm 11 111 61. 1 I 1 11 .I i 1 cm !L,III u. 111 1 STATE OF NEBRASKA WASHINGTON t Aioo l f )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council herd on the 27th day of September, 1994. • Li 19 I,04 ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 38 COUNCILMEMBER MINES INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska, Department of Roads has presented the City of Blair with an agreement for replacing traffic controllers for the traffic signals at the intersections of Sixteenth Street and Seventeenth Street and U.S. Highway 30 in the City of Blair, Project Elec -30- 7(1010), and, WHEREAS, such agreement is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED the agreement referred to hereinabove is hereby accepted and adopted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER F 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 27thDAY OF SEPTEMBER, 1994. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 0ao e®eaos eee se® e CITY OF o �+ at o s i* E SEAL Eifil FIRST CLASS � eoQ o � d s a � ® � ® om e l 9s a © pO 1. 1 1II III 1 11YaY4 Efikd 111111G 1 u. .1 11 . An11 1 Li CITY OF BLAIR, NEBRASKA . .1 .11 lu .1 .. 11. 11 111. 1 1 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 27th day of September, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 39 COUNCIER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with an offer of a dedication of additional right of way in the Southfork Subdivision, a copy of same being attached hereto, marked Exhib- it "A;" and, 'WHEREAS, the City of Blair has also been presented and offered an Easement from Saint Francis Borgia Catholic Church for the construction, maintenance, and replacement of a sanitary sewer, said Easement being attached hereto, marked Exhibit "B;" and, WHEREAS, said right of way dedication and Easement are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that Said right of way dedi- cation and sanitary sewer easement referred to hereinabove are hereby accepted and approved by 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, Realph and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27th DAY OF SEPTEMBER, 1994. CITY. -QF BLAIR, NEBRASKA ATTEST: 040 dillyaItgapiSEN, , CITY CLERK c q FIRST C / e , BY �J•! 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 27th day of September, 1994. ALICE I. DIEDRICHSEN, CITY CLERK k� f t46 DEDICATION DEED THIS INDENTURE, Made this 9th day of September, 1994, between Desert Mountain, Inc., hereinafter referred to as the Grantor, and the City of Blair, Nebraska, a municipal corporation, hereinafter referred to as the Grantee, WITNESSETH, that the said Grantor in consideration of the sum of $1.00 and other valuable consideration and mutual benefits to be derived by the Grantor, the receipt whereof is hereby acknowledged, does hereby dedicate to the public for public use as a street and by these presents does remise, release and forever quit -claim unto the said Grantee, and its successors and assigns forever, all of their right title and interest in and to the following described real estate, to -wit: That part.of Lot 15, Southfork Addition, a Subdivision as surveyed, platted and recorded - in Washington County, Nebraska, described as follows: Beginning at the SW of said Lot 15, Thence S89 29'16 "E (Assumed Bearing) 79.16 feet on the south line of said lot 15; thence N68 55'20 "W 84.55 feet to the west line of said lot 15; thence 500 30'44 "W 29.70 feet on the west line of said lot 15 to the point of beginning. Together with all and singular the hereditaments thereunto belonging. TO HAVE AND TO HOLD the above described premises unto the said Grantee and to Grantee's successors and assigns forever so that neither the said Grantor, nor any person in its name and behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof, but they and every one of them shall by these presents be excluded and forever barred. 846 UNTAIN, INC. .1 1 1AREN B. HUNT, VIDE- PRESIDENT LID rri • ca g • rn t p r - =43: 3 1 ' a a ap c� • STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, a notary public qualified for said county, personally came Karen B. Hunt, V ice - President of Desert Mountain, Inc., known to me to be the identical person who signed the foregoing instrument and acknowledged the execution thereof to be her voluntary act and deed. WITNESS my hand and notar 1994 s S^HAA�RON :AleRgl Ay Commission expires: STATE OF NEBRASKA ) ) ss 3574 WASHINGTON COUNTY ) Entered on numerical index and filed for record in the Register of Deeds Office of said County the a.#:F"L. day of d,puu , 1994, at oR : 44'x- o' clock 012.M., and recorded irr Book �3 of pr,n p(,J , at page '8' awl creti. 9 Register of Deeds STAWT By 'mom 1 /1.-i 1 NEBRASKA DOCUMENTARY Deputy 847 847 al on Sep UBLL , 1994. fa THIS EASEMENT made on EASEMENT September 14, , 1994 by Saint Francis Borgia Catholic Church, Blair, Nebraska, hereinafter referred to as "Grantor ". Grantor, for valuable consideration, the r ceipt of which is hereby acknowledged, does hereby grant and convey unto the City of Blair, Nebraska, a Political Subdivisio , hereinafter referred to as "City ", and its successors and assig s, an Easement for the right to construct, maintain, deepen and keep in repair, a sanitary sewer line, under and across, the following described real estate, to —wit: A tract of land located in Tax Lot 88 in the NE1 /4 of Section 14, T 18 N, R 11 E of the 6th P.M., Washington County, Nebraska, describ d as follows: Beginning at the SW corner of said Tax Lot 88; thence S 89 ° 05'25" E (assumed ear- ing) 31.84 feet on the South line of said Zax Lot 88; thence N 82 ° 04'34" E 217.18 feet; thence N 25 °48'35" E 245.46 feet; thence N 17 ° 27'58" E 220.08 feet; thence N 09 ° 55'39" E 215.95 feet; thence N 39 ° 06'46" W 75.41 feet; thence S 50 ° 53'14" W 15.00 feet; thence S 39 ° 06'46" E 68.57 feet; thence 8 09 ° 55'39" W 208.12 feet; thence S 17 ° 27'58" W 218.00 feet; thence S 25 ° 48'35" W 236.34 feet; thence S 82 ° 04'34" W 239.00 feet to the West line of said Tax Lot 88; thence S 01 ° 13'17" W 10.24 feet on the West line of said Tax Lot 88 to the point of beginning. s City, its successors or assigns, shall be entitled to construct, maintain, replace, deepen or keep in repair the sanitary sewer line or drain, tile drain or both, of such character and sufficient size as may be deemed advisable by the City, its heirs and assigns. It is expressly understood and agreed that City, its successors or assigns, shall have the right of ingress and egress from the property above belonging to Grantor for the purpose of maintaining, replacing, repairing and keeping the sewer line in usable condition. By its acceptance of the delivery of this Easement, Grantee agrees that Grantor shall have no duty or liability to Grantee for any damages to Grantee's sewer line which are caused by floods, other acts of God, erosion of the South Creek banks or for any reason other than Grantor's willful acts. City covenants with Grantor that any damages caused by City or its agents in the construction, repair or maintenance of said sewer line will be repaired by City so as to restore the real estate to its present condition, or as close thereto as may be reasonably practicable. This Easement shall be perpetual. IN WITNESS WHEREOF, Grantor has executed this Easement on the day and year first set forth above. SAINT FRANCIS BORGIA CATHOLIC 'CHURCH, Grantor By -eci; STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) On this 14th day of September , 1994, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Rev. Hugh F. Schwartz on behalf of Saint Francis Borgia Catholic Church, Blair, Nebraska, to me known to be the identical pe; -son whose name is affixed to the foregoing instrument and acknowledged the execution to be his voluntary act and deed. Witness my hand and Notarial Seal the day and year last above written. �i� +� I O14ANL -12n 13, -_ � 1 Not ry Public s IS M I TIN 5 I F 1 IR T I A . 11 D 1 T 110 N 1 11 scluNTI:INsi 1 1 2 II 1 15t415 12111141 51121; 1 1 I 1 1 i i 1 _ _ 11 5 g C 0 NI,iip L _ A22 j Tap N 6 ± C ____, 2 1 1 _IL _13 H 0 ... C. 1K ... 1 S50°55'1414 N.561•061461"1 50.00' 87.91 1 1 TAX LOT 195 101, ■1 •■•• TAX LOT 1 I SOUTHPORK 1 ADDITION 23 56204 214.65' sortairm 45.69' POINT OF BEGINNING 1 TAX LOT 88 PART OF THE NE 1/4 OF SECTION 14-18-11 OUTLOT A 24 &Ai 04"/Ii 525' 215.01' SOille55 18 511•27'5bul4 215.14' 554°06'46"E 65.11' So. 1 N62 211.18' I 11 , JI I 1 N25• 4E> 55 245.48' N09 215.45' N17•2756"E 220.08' SCALE I" = 100ie 11 r 1 ' RESOLUTION NO. 1994- 'in COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair received a Community Development Block Grant to- upgrade its water system; and, WHEREAS, actual bids for the work were higher than estimat- ed; and, WHEREAS, a public hearing was held before the Mayor and City Council at the regular City Council meeting held on October 11, 1994, for the purpose of receiving comment on the proposed amend- ment of the CDBG Program Schedule and Budget and comments were received at said hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council amend the CDBG Program Schedule and Budget to reflect the actual bid price of the project. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER . UPON ROLL CALL, COUNCILMEMBERS Abbott, Fay, Kros, Lona, Realoh. Rvan and Sh t,vE?11 VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11th DAY OF OCTOBER, 1994. ATTEST: CITY 0 =LAIR, NEBRASKA BY ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of October, 1994. a gE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994 - 41 COUNCILMEMBER KRos INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for the Corner Retreat, Inc., a Nebraska Corporation, as an authorized sales outlet location for conducting the Blair Keno Lottery. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair hereby authorizes and approves the Corner Retreat as an authorized sales outlet location for conducting the Blair Keno Lottery. 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 on behalf of the city of Blair to the Nebraska Department of Revenue, Charitable Gaming Division. COUNCILMEMBER Ryan AS READ, WHICH COUNCILMEMBER Abbott ••• • • • •IP • . • • VOTING "AYE" AND COUNCILMEMBERS None 4 VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11th DAY OCTOBER, 1994. ATTEST: AL CITY CLERK 54)CITY I. l it SEAL • • . m • • FIRST CLASS . �a % ••e ��� � S K �� ,00e, � °0 jea+uaeo�ejp 0 MOVED THAT THE RESOLUTION BE ADOPTED SAID MOTION WAS SECONDED BY . UPON ROLL CALL, COUNCILMEMBERS Shnt.va11 CITY O _ BLAIR, NEBRASKA 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 11th day of October, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 42 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for Loyal's Foo- dland, Inc., a Nebraska Corporation, as an authorized sales outlet location for conducting the Blair Keno Lottery. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair hereby authorizes and approves Loyal's Foodland as an authorized sales outlet location for conducting the Blair Keno Lottery. 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 on behalf of the City of Blair to the Nebraska Department of Revenue, Charitable Gaming Division. COUNCILMEMBER AS READ, COUNCILMEMBER Abbott, Fay, VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS llth DAY OCTOBER, 1994. ATTEST: el-(12.b' A J A-!? I: °° r 1 12ICHSEN, CITY CLERK CITY OF • �� e r S m Long MOVED THAT THE RESOLUTION BE ADOPTED WHICH SAID MOTION WAS SECONDED BY Abbott . UPON ROLL CALL, COUNCILMEMBERS Kros, Lona. Reajoh. Ryan and Sroty ii CITY ! 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 passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of October, 1994. d i:0:a_, Aa dA d ALICE I. DIEDRICHSEN, CITY CLERK 1 1 1 1. i 1 ,1111 1n1.u111,I. 1 111 ,: 11 1 1.1 Y COUNCILMEMBER KROS WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for Gary R. Collett and Michael S. Bankson, d /b /a Blair Keno Parlor, as an authorized sales outlet location for conducting the Blair Keno Lottery. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair hereby authorizes and approves the Blair Keno Parlor as an authorized sales outlet location for conducting the Blair Keno Lottery. 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 on behalf of the City of Blair, to the Nebraska Department of Revenue, Charitable Gaming Division. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan . UPON ROLL CALL, COUNCILMEMBERS At ott . Fay, Kros, Tong. RPa' pk. Ryan and Shot:ve1 1 VOTING "AYE" AND COUNCILMEMBERS None ,, VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11th DAY OCTOBER, 1994. ATTEST: ALICE I CITY CLERK y��� ®m ® ��o® mB l ° SEVL /" m © om e0 op � �, © : CITY OF �� �°► � ® m S m gytm i a SEAL s #q FIRST CLASS b e ° te a► tler o 8960 © ,me ® � �� o o m �18A5 4 L " 7077709 060 RESOLUTION NO. 1994- 43 INTRODUCED THE FOLLOWING RESOLUTION: BY JE CITY LAIR, NEBRAS JENNY, MAYOR 1 1 6 1 1 11 1 1 11 i 1, 1 I, 1 1 1 1„ 111 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of October, 1994. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER KROS ATTEST: RESOLUTION NO. 1994- 44 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with a Rental/Use Agreement for the utilization of the Blair--- City - Coun— cil Chambers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that said Rental/Use Agreement 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 _EXAM . UPON ROLL CALL, COUNCILMEMBERS Abbott. Ryon. Kros. Lona, and Sh _ _ VOTING "AYE", AND COUNCILMEMBERS Fay, RPa1ph and Mingta VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF OCTOBER, 1994. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 0 010 1 m. os ' � �� mOF ,•' CITY OF \ �a • Nti SEAL c*= • • • e FIRST CLASS i S %gm 110 CITY OF BLAIR, NEBRASKA BY - J -zi 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 Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the ?cfl, day of October, 1994. a il) 24-dtd A. .l�L'�fl�l2�iiiL� ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- ac COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Environmental Protection Agency has promulgated rules- and reculations re quiring a= Sludge Management Study for the municipal waste water treatment plant; and, WHEREAS, said rules and regulations have absolutely no benefit or safeguards for the municipality or its citizens and such rules and regulations impose an undue burden and hardship upon the municipality which will only result in increased costs to the municipal sanitary sewer system customers; and, WHEREAS, the sludge disposal requirements of the Environmen- tal Protection Agency identified by said study will impose an additional cost of approximately $200,000.00 per year to the City and, therefore, ultimately to the sanitary sewer system customers to comply with and implement said requirements which are unneces- sary, ridiculous, ludicrous, unconscionable, overbearing, and ultimately will do nothing to save or impact the environment; and, WHEREAS, the municipality's disposal of sludge as currently implemented and in practice is completely and totally environmen- tally safe and poses no hazard whatsoever to plant or animal life, air, water, or soil; and, WHEREAS, the City of Blair must nevertheless comply with a bureaucratic edict issued with no consideration to or knowledge of the impact of such regulations nor of their practical worth- lessness. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the City of Blair, as imposed by Federal mandate, hereby accepts with protest and under duress the Sludge Management Study for the waste water treatment plant as completed by Jacobs- Helgoth engin ers BE IT ruxirirx RESOLVED the City of Blair finds said study and the requirements set forth therein as totally unnecessary in that the current method of disposal has no negative or derogatory impact on the environment. BE IT ruxixta RESOLVED the anticipated cost estimated to be approximately $200,000.00 per year to comply with the rules and regulations referenced above is an unnecessary and overbearing expense imposed upon the municipality with no logical or reason- able basis. BE IT rvxrnrax RESOLVED copies of this resolution are to be forwarded to Senator J. James Exon, Senator Robert Kerrey, and Representative Doug Bereuter with a request they take any and all necessary actions to stop the unnecessary expense imposed by the Environmental Protection Agency upon the City of Blair and other municipalities similarly situated. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RALPH . UPON ROLL CALL, COUNCILMEMBERS ABBOTT. FAY. KROS. LONG, MINES. REALPH, RYAN ANT) SHOTWRLT, VOTING "AYE", AND COUNCILMEMBERS NON; VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25thDAY OF OCTOBER, 1994. ATTEST: OLL n ottom -ALICE •I.--- DIEDRICHS - rr1� (SEAL) m CITY OF SEAL STATE OF NEBRASKA m a) RST CLASS •' `s R • WASHINGTON COUNTY �� • °• •° ;96;,.0 OP ®, A R AS�v ALICE I. DIEDRICHS1'; "tereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 25th day of October, 1994. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Lona 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 and Ryan VOTING "AYE" AND COUNCILMEMBERS Shotwell VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND OPTED THIS 8th DAY OF NOVEMBER, 1994. 60 pl9 '1,,� �.m ° ° �G���•�� 8 �'� %'•.,�. CITY OF BLAIR, NEBRASKA ° 1 C1TY OF . dr . SEAL 11 . BY E • • • J OME JENNY, OR FIRST CLASS •• e,/ /@ /,Rop,S �;�9 // // /� �i X�(.t� 0J ti r !� / O,,,eh P ,- ,L)( OA2� ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 1 I1011 dYIY Iiei.iul,J 111 RESOLUTION NO. 1994 - 4( COUNCILMEMBER MTNPS 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 shall be placed at the intersection of Twenty- Second Street and Nebraska Street for the purpose of stopping traffic north bound and south bound on Twenty - Second 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. I 111 1 .d, 11 1 STATE OP 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 8th day of November, 1994. ,e _1 ".,ail ? ALICE I-. DIEDRICHSEN, CITY CLERK COUNCILMEMBER MINES RESOLUTION NO. 1994- 47 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 COUIN- CIL OF THE CITY OF BLAIR, NEBRASKA, the resolutions or parts of resolutions providing for the placement of a stop sign for the purpose of stopping traffic south bound on Twenty Fifth Street at its intersection with Washington Street, for the placement of a stop sign on Twenty Fifth Street for the purpose of stopping traffic north bound at its intersection with Elm Drive, and for the placement of a stop sign for the purpose of stopping traffic west bound on Lincoln Street are hereby rescinded and repealed and said stop signs shall be removed by the municipal Street department. BE IT FURTHER RESOLVED yield signs requiring traffic to yield to traffic on Twenty Fifth Street be placed on the follow- ing streets at their intersection with said Twenty Fifth Street: Washington Street, Lincoln Street, South Street, and Elm Drive, all of said intersections being located in the municipality. BE IT FURTHER RESOLVED that following the passage and publi- cation of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said yield signs. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Lona ,. UPON ROLL CALL, COUNCILMEMBERS Fad Kros __ Long u ' . - : - . • . .. C111 VOTING "AYE" AND COUNCILMEMBERS Nnnr� VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF NOVEMBER, 1994. � ®B O , va,' a OF e e.: A �!S p vp e 4 r CITY OF SEAL 4 ,, TT RATIms NN ALI 7 "r. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY 1 1 1i 1 ,,1, ) ss ) CIT BLAIR, NEB BY JOME JENNY, " 7 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 R1-h day of November, 1994. I �t PUJ Li 1) .e_ei ,A d ./ /J.O�,�r ALICE I. DIEDRICHSEN, CITY CLERK 1 111101 111L 11 11,1111611111 1 I.1 RESOLUTION NO. 1994- 48 COUNCILMEMBER wRns INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Paving District No. 152 and Water Extension District No. 30 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 improve- ments; that the lots and parcels of ground in said Paving Dis- trict No. 152 and Water Extension District No. 30 have been spe- cially benefited by said improvements in the amounts as shown on said schedules as changed, and the amounts shown on said sched- ules 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. 152 and Water Extension District No. 30. 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 7.o% per annum in Water Extension District No. 30 and 7.5% per annum in Paving District No. 152 from and after the date of passage of this Resolution, and from and after date of delin- quency at the rate provided by law. Said installments for Paving District No. 152 shall become delinquent in fifteen (15) equal installments as follows: 1 /15th - January 11, 1995 1/15th - November 22, 1995 1 /15th - November 22, 1996 1/15th - November 22, 1997 1/15th - November 22, 1998 1/15th - November 22, 1999 1/15th - November 22, 2000 1 /15th - November 22, 2001 1 /15th - November 22, 2002 1 /15th - November 22, 2003 1/15th - November 22, 2004 1 /15th - November 22, 2005 1/15th - November 22, 2006 1/15th - November 22, 2007 1 /15th - November 22, 2008. Said installments for Water Extension District No. 30 shall become delinquent in ten (10) equal installments as follows: 1 /10th - January 11, 1995 1 /10th - November 22, 1995 1 /10th - November 22, 1996 1 /10th - November 22, 1997 1 /10th - November 22, 1998 1 /10th - November 22, 1999 1 /10th - November 22, 2000 1 /10th - November 22, 2001 1 /10th - November 22, 2002 1 /10th - November 22, 2003 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 itiade a part of this Resolution as if fully stated herein. COUNCILMEMBER Ahhn+1 MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER . UPON ROLL CALL, COUNCILMEMBERS Ahhntf-, Fay, Kroc, T.nng, Mi •+oc 1 7ea) rh, R ^' 1 VOTING "AYE ", AND-- COUNCILMEMBERS RTnncs VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 7911A DAY OF NOVEMBER, 1994. ATTEST: CITY OF BLAIR, NEBRASKA BY W r IME JENNY, 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 2nd day of November, 1994. ALICE I. DIEDRICHSEN, CITY CLERK * * * ** ASSESSMENT EVERGREEN BLUFF ADDITION REPLAT BLAIR, NEBRASKA S.I.D. No. 152 CONTRACTOR ENGINEER TESTING LAB CERTIFIED LETTERS PUBLICATION FOR NOTICE OF CREATION PUBLICATION OF ORDINANCE PUBLICATION OF NOTICE TO BIDDERS TOTAL COSTS = Less Payment from Williams Pipeline Co. = $ - 7,065.90 Sub -Total = $ 245,345.26 Less Sidewalk - 10,425.24 Sub -Total = BLAIR CITY PARTICIPATION: Bid Item Hi. 6" PCC Paving w/ 6" Integral Curb ( 905.2 Sq.Yds. @ $18.35 per Sq.Yd. = $16,610.42 Bid Item B -5. Concrete Headers ( 238 L.F. @ $5.40 per L.F. _ $ 1,285.20 LESS TOTAL CITY PARTICIPATION REMAINING COSTS TO BE ASSESSED = $217,024.40 Total Front Footag EVERGREEN ADDITION (Replat) Total Lin.Ft. = 2776.96 x 47.07422141 = $130,723.23 (Lg.:... Lots) EVERGREEN LOTS: (Replat) $ 130,723.23 LESS - $31,478.09 (Developer's ( = Total Assessment of $99245.14 ) REMAINDER OF LOTS: 1833.3 L.F. @ $47.04689106 per L.F. _ PLUS SIDEWALK _ SCHEDULE * * * ** $ 86,301.17 10,425.24 $ 96,726.41 Less City Participation (Sidewalk) (300 Sq.Ft. @ $1.89 per Sq.Ft.) = - 567.00 Remainder = $ 96,159.41 $ 222,195.66 29,415.50 657.22 22.90 77.28 31.31 11.29 $ 252,411.16 Page 1 of 5 = $ 234,920.02 $3,544.469286 per Lot Agreement) - 28 eligible lots= COST PER LIN. FOOT = $ 52.45154094 = $ - 17,895.62 = $ 217,024.40 e of 4610.26 = $47.07422141 (Cost per Lin.Ft.) REMAINING LOTS IN PROJECT Total Lin.Ft. = 1833.3 x 47.07422141 $ 86,301.17 (other lots) 1833.3 front footage = ASSESSMENT SCHEDULE * * ** STREET IMPROVEMENT DISTRICT NO. 152 EVERGREEN BLUFF ADDITION REPLAT BLAIR, NEBRASKA. OWNER Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation LEGAL DESCRIPTION Lot 1, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 2, Block 1, Evergreen Bluff $3544.47 Addition Replat in the City of. Blair v _Washington_County r _ Nebraska. Lot 3, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 4, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 5, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 6, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 7, Block 1, Evergreen Bluff Addition Replat in the. City of Blair, Washington County, Nebraska. Lot 8, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 9, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 10, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. JSC, Inc. of Kansas City, Lot 11, Block 1, Evergreen Bluff a Kansas Corporation, and Addition Replat in the City of DLU Investment Inc., a Blair, Washington County, Nebraska Corporation doing Nebraska. business as NEKAMO Properties. Loel Lewis Loyd, and Lot 12, Block 1, Evergreen Bluff Arline M. Loyd Addition Replat in the City of Blair, Washington County, Nebraska. Lot 1, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 2, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Page 2 of 5 AMOUNT $3544.47 $3544.47 $3544.47 $3544.47 $3544.47 N/A N/A $3544.47 $3544.47 $3544.47 $3544.47 $3544.47 $3544.47 ASSESSMENT SCHEDULE (continued) S.I.D. No. 152 Blair, Nebraska. LOTS IN EVERGREEN BLUFF ADDITION REPLAT: (continued) OWNER LEGAL DESCRIPTION Williams Pipe Line Company,Lot 3, Block 2, Evergreen Bluff a Delaware Corporation Addition Replat in the City of Blair, Washington County, Nebraska. Evergreen Bluffs Corp., a Nebraska Corporation Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Craig A. Wilson, and Vickie L. Wilson Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp. a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Lot 4, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 5, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, . Nebraska. Lot 6, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 7, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 8, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 9, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 10, Block 2, Evergreen Bluff N/A Addition Replat in the City of Blair, Washington County, Nebraska. Lot 11, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 12, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 13, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 14, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 15, Block 2, Evergreen Bluff Addition. Replat in the City of Blair, Washington County, Nebraska. Lot 16, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Page 3 of 5 AMOUNT $3544.47 $3544.46 $3544.47 $3544.47 $3544.47 $3544.47 N/A $3544.47 $3544.47 $3544.47 $3544.47 $3544.47 $3544.47 ASSESSMENT SCHEDULE (continued) S.I.D. No. 152' LOTS IN EVERGREEN BLUFF ADDITION REPLAT OWNER D.A. Boswell Company, a Corporation JSC, Inc.; of Kansas City & DLU Investment, Inc. a Nebraska Corporation, doing business as NEKAMO Properties.. Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation LEGAL DESCRIPTION Lot 1, Block 3, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. ,Lot 2, Block 3, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 3, Block 3, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 4, Block 3, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Page 4 of 5 AMOUNT $ 3544.47 $ 3544.47 $ 3544.47 $ 3544.47 TOTALS FOR LOTS IN EVERGREEN BLUFFS ADD. REPLAT $99,245.14 ASSESSMENT SCHEDULE (continued) S.I.D No. 152 OTHER LOTS IN DISTRICT:(Block 4 of original Evergreen Bluff Addition and Lots in Weimer's Addition): OWNERS Leonard T.P. Munk .Ernest M. Porter, Marian R. Porter Ernest M. Porter, and Marian R. Porter Steven J. Ryan, and Linda S. Ryan Lawrence W. Hays, and Shelly A. Peoples Shirley L. Stadler Kelly Ryan Equipment Company, a Nebraska Corporation Jon Pounds, and Kathleen Pounds Jon Pounds, and Kathleen Pounds Jon Pounds, and Kathleen Pounds and Clyde V. Bunten, and Phyllis J. Bunten Kelly Ryan Equipment Company, a Nebraska Corporation TOTALS of OTBDR LOTS IN DISTRICT LEGAL DESCRIPTION FRONT FOOTAGE AMOUNT Lot 13, Weimer's•Addition to the City of Blair, Washington County,Nebraska South 152.0 feet of Lot 14, ---Weimer's- Addition- to-- the=-- — City of Blair, Washington County, Nebraska. North 112.0 feet of Lot 14, Weimer's Addition to the City of Blair, Washington County, Nebraska. Lot 22, Weimer's Addition to the City of Blair, Washington County, Nebraska. Lot 23, Weimer's Addition to the City of Blair, Washington County, Nebraska. Tax Lot 198 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. Tax Lot 181 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. Lot 3, Block 4, Evergreen Bluff Addition to the City of Blair, Washington County, Nebraska. Lot 4, Block 4, Evergreen Bluff Addition to the City of Blair, Washington County, Nebraska. Lot 5, Block 4, Evergreen Bluff Addition to the City of Blair, Washington County Nebraska. Tax Lot 205, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. Tax Lot 186, in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska. • 264.0 152.0 112.0 247.0 264.00 129.8 33.2 $ 1,741.39 75.0 $.3,933.87 60.0 $ 3,147.09 130.0 '$ 6,818.70 183.15 $ 9,606.50 183.15 $ 9,606.50 $ 96,159.41 1833.3 Page 5 of 5 $13847.21 $ 7,972.63 $ 5,874.57 $12,955.53 $13,847.21 $ 6,808.21 4 A S S E S S M E N T S C H E D U L E WATER DISTRICT No 30 EVERGREEN BLUFF ADDITION REPLAT BLAIR, NEBRASKA CONTRACTOR $ 19,920.00 ENGINEERING - 2,236.56 NOTICE TO BIDDERS PUBLICATION 11.29 PUBLICATION OF ORDINANCE 42.15 TOTAL COSTS = Less Paid by Williams Pipeline Company = TOTAL COSTS TO BE ASSESSED = $ 22,210.00 $ - 600.00 $ 21,610.00 ITEM # 5 $21,610.00 t 16 eligible Lots = $1,350.625 per Lot OWNER ESSMENT SCHEDULE * * * ** WATER DISTRICT NO. 30 DERGREEN BLUFF ADDITION REPLAT - BLAIR, NEBRASKA Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation LEGAL DESCRIPTION AMOUNT Lot 1, Block 1, Evergreen Bluff $1350.62 Addition Replat in the City of Blair, Washington County, Nebraska Lot 2, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska Lot 3, Block 1, Evergreen Bluff Additon Replat in the City of Blair, Washington County, Nebraska. Lot 4, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 5, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 6, Block 1, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 8, Block 1, Evergreen Bluff N/A Addition Replat in the City of Blair, Washington County, Nebraska. $1350.63 $1350.62 $1350.63 $1350.62 $1350.63 Lot 7, Block 1, Evergreen" Bluff N/A Addition Replat in the City of Blair, Washington County, Nebraska. Lot 9, Block 1, Evergreen Bluff $1350.62 Addition Replat in the City of Blair, Washington County, Nebraska - . Lot 1, Block 2, Evergreen Bluff $1350.63 Addition Replat..in the City of Blair, Washington County, Lot 2, Block 2,•Evergreen Bluff $1350.62 Addition Replat in the City of Blair, Washington County, Nebraska. ASSESSMENT SCHEDULE (continued) * ** WATER DISTRICT NO. 30 EVERGREEN BLUFF ADDITION REPLAT - BLAIR, NE. OWNER Williams Pipe Line Co., a Delaware Corporation Evergreen Bluffs Corp., 'a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corp. Evergreen Bluffs Corp., a Nebraska Corporation Craig A. Wilson, and Vickie L. Wilson Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation Evergreen Bluffs Corp., a Nebraska Corporation TOTAL ASSESSMENTS = LEGAL, DESCRIPTION AMOUNT Lot 3, Block 2, Evergreen Bluff $1350.63 ' Addition Replat in the City of Blair, Washington County, Nebraska. Lot 4-, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 5, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 6, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 7, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 8, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. $1350.62 $1350.63 $1350.62 $1350.63 $1350.62 N/A Lot 9, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. Lot 10, Block 2, Evergreen Bluff N/A Addition Replat in the City of Blair, Washington County, Nebraska. Lot 11, Block 2, Evergreen Bluff Addition Replat in the City of Blair, Washington County, Nebraska. $1350.63 $ 21,610.00 COUNCILMEMBER RV AM RESOLUTION NO. 1994- a9 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair and the State of Nebraska, De- partment of Roads, annually enter into an agreement providing for maintenance of certain streets and highways with the City; and, WHEREAS, the State of Nebraska, Department of Roads has provided to the City of Blair a new Maintenance Agreement No. 6; and, WHEREAS, the terms and conditions of said Maintenance Agree- ment are acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, the agreement presented to the City by the State of Nebraska, Department of Roads, designated Maintenance Agreement No. 6 is hereby accepted and adopted by the City of Blair. BE IT FURTHER RESOLVED the Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalf of the municipality. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Lang_ . UPON ROLL CALL, COUNCILMEMBERS __Abbott, Pay, Kros, Long, Mi nne 7 PaA l nh _ Ryan ar1A 4hni i 1 VOTING "AYE", AND COUNCILMEMBERS _NnmR VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF NOVEMBER, 1994. CITY OF BLAIR, NEBRASKA BY ATTEST: ALICE f. DEEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 22nd day of November, 1994. ALICE I. DIEDRICHSEN, CITY CLERK Maintenance Agreement Between The Nebraska Department Of Roads And The Municipality Of Blair Municipal Extensions In Blair Maintenance Agreement No. 6 A G R E E M E N T RECEIVED JAN 1 '95 NEBRASKA THIS AGREEMENT, made and entered into by and between Blair, hereinafter referred to as the "City "; and the State of Nebraska, Department of Roads, acting by and through its Director -State Engineer, hereinafter referred to as the "State," and this agree- ment is to have an effective date of January 1, 1994. WITNESSETH: WHEREAS, Neb. Rev. Stat. 39 -2101 through 39 -2125 (Reissue 1988), relating to highways, set out the responsibilities of the State, counties and incorporated municipalities in the establish- ment of uniform standards of design, construction, operation and maintenance of said highways, and WHEREAS, the State and its incorporated municipalities wish to enter into an agreement relative to the standards of design, construction, operation and maintenance of said highways, the responsibilities of which are assigned by Neb. Rev. Stat. 39 -2101 through 39 -2125 (Reissue 1988), and WHEREAS, Neb. Rev. Stat. 39 -1339 (Reissue 1988) sets out in detail the maintenance responsibilities of the State, said responsibilities shall be incorporated herein by this reference. Therefore, the parties hereto understand that the maintenance QE9407 responsibilities of the City and State under the above referenced laws are as set forth by Exhibit "A" attached hereto. NOW THEREFORE, in consideration of these facts the parties hereto agree as follows: SECTION la. The State agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those portions of municipal extensions of all rural highways, the design of which exceeds the design of the rural highways leading into the municipality. The State shall maintain the entire traveled portion, not including parking lanes thereon, of the municipal extension and the City shall reimburse the State as set out in Section 7a of this agreement for maintaining that portion of said municipal extension which has been designated as the City's responsibility by statute. SECTION lb. The City agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those municipal extensions of all rural highways, the municipal portion of which remains the same width as the rural highway leading into the municipality and the State shall reimburse the City as set out in Section 7b of this agreement for the mainte- nance of that portion of said municipal extension which has been designated as the State's responsibility by statute. SECTION lc. Special provisions in which the State shall perform partial maintenance and the City shall perform partial mainte- nance on the same municipal extension(s) shall be set out by addendum, in detail in Exhibit "B ", referred to in Section 4 of p r. QE940? this agreement. Said addendum to include specific responsi- bilities of the State and the City and dollar amounts allowed for performance of said work by the State and by the City. SECTION 2. Maintenance that may be required by "Acts of God" is not covered by this agreement but shall be performed under special agreement in each specific case. SECTION 3. Repair or reconstruction projects beyond the scope of normal surface maintenance, which are let to contract through the State's contract letting procedure, are considered to be beyond the scope of this Agreement. In the event the State and /or the City should desire to do such work, the parties hereto may enter into a separate agreement for the appropriate cost sharing. SECTION 4. Only those municipal extensions of rural highways shown on the attached list marked as Exhibit "C" and hereby made a part of this agreement shall be covered by this agreement; however, additions and deletions may be made to Exhibit "C" by mutual written agreement of the parties hereto. SECTION 5. The above mentioned highways shall be inspected periodically, at least quarterly, by the Field District Engineer or the District Maintenance Superintendent, or their authorized representatives, and by the City's Director of Public Works or his authorized representative to review the adequacy of the maintenance work which has been performed. SECTION 6. Materials used by the City in the performance of the work hereunder shall be selected by mutual agreement of the parties hereto. UE9k07 SECTION 7a. If Section la of this agreement is incorporated herein, the City will pay to the State the sum of $ per lane mile. The above cost figures shall include all labor, equipment, tools, materials and supplies used or furnished by the State in the performance of the work on the above mentioned highways. Fractional miles or fractional months, if any, will be used in computing the amount payable in this agreement. SECTION 7b. If Section lb of this agreement is incorporated herein, the State will pay the City the sum of $ 1,000.00 per lane mile. No allowance will be made for turning lanes or for lanes used on a part -time basis as parking lanes, or other auxiliary lanes. The above cost figure price per lane mile shall include all labor, equipment, tools, materials and supplies used or furnished by the City in the performance of such work. Frac- tional miles or fractional months, if any, will be used in computing the amount payable in this agreement. SECTION 7c. If Section lc of this agreement is incorporated herein, the costs of partial maintenance by the State and by the City computed by fractional mile or fractional month and as set out in detail in the addendum, Exhibit "B ", shall be offset to determine the amount, if any, to which one party or the other may be entitled after said offset. SECTION 7d. Payment under this agreement will be made on an annual basis after December 31, as soon as possible after submission by the State to the City or the City to the State, as the case may be, of a Certificate approved by the District Engineer of the 4 - QE9407 State, providing all work has been done during the period for which payment is made in full conformity with the agreement. SECTION 8. Upon the failure of the City to perform any of the work named herein under the terms of this agreement, the Director - State Engineer may, with concurrence of the City's Director of Public Works, do and perform such work or cause it to be done and performed and may retain from any monies then due to the City or thereafter becoming due, any such amount as is required for the completion of such work, provided, however, that this paragraph shall not be construed to relinquish any rights of action which may accrue in behalf of either party as against the other for any breach of agreement. SECTION 9. It is further understood that all persons working on such highways are employees of the State, City or of contracted third parties. All contracts and agreements made by the City with third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agree- ment and shall comply with all State laws and requirements relating to construction and maintenance contracts. SECTION 10. The City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act, as provided by Neb. Rev. Stat. 48 -1101 through 48 -1126 (Reissue 1988). SECTION 11. The parties do further agree, anything to the contrary herein notwithstanding, that the Director -State Engineer of the State of Nebraska, either in his individual or official capacity, shall not be responsible or liable in any 5 - 9E9407 manner to the City or to any other person or persons whatsoever for any claim, demand, action or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the negligent performance and completion of the work and improvements provided for herein by the City or its agents or arising out of any contract let by the City for the performance of any of the work provided herein. SECTION 12. The City indemnifies, saves and holds harmless the State and all of its departments, agents, and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reasons of the execution or performance of the work provided for herein by the City or its agents and further agrees to defend at its own sole cost and expense any action or proceeding commmenced for the purposes of asserting any claim of whatsoever character arising hereunder as a result of work performed by the City or its agents. SECTION 13. This agreement shall not be construed as a relin- quishment by the State of any powers or control it may have over the hereinbefore described highways. SECTION 14. This agreement shall terminate December 31, 1994, except that it may be renewed for one year at a time and each January 1 thereafter by written concurrence of both parties hereto. The lane mile payment provided in Section 7 hereof may be renegotiated to the satisfaction of both parties at any renewal date. 6 QE9k07 IN* WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this 2R day of 21,.24,0711m, , l9� ATTEST: CITY OF BLAIR City Clerk EXECUTED by the State thi RECOMMENDED: APPROVED: Dis€r4t Engin STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Di ector- Operations Highway Maintenance Manager 7 pE9407 Maintenance Operation Neb. Rev. Stat. 39 -1339 (Reissue 1988) Roadway surface maintenance of width equivalent to design of rural highway leading into municipality. Roadway surface maintenance exceeding design width of rural highway leading into municipality. Snow removal, maintenance of shoulders, gutters, drive- ways, city alleys and approaches, mowing and right -of -way maintenance. Pavement marking - lanes, "X" walks, "X "ings, etc. Pavement marking - lines, no passing lane lines. Guide and route signs. MAINTENANCE OPERATION AND RESPONSIBILITY MUNICIPAL EXTENSIONS AND CONNECTING LINKS (Streets Designated Part of the State Highway System) parking school center- lines, Maintenance Responsibility Dept. Dept. Dept. City City City City City City Dept. Dept. Dept. Dept. Speed limit and stop signs. City City EXHIBIT "A" Neb. Rev. Stat. 39 -2104 (Reissue 1988) Metro. Primary 1st Class 2nd Class Cities Cities Cities Cities (Omaha) (Lincoln) QE9 407 City City City Dept. Dept. Dept. Dept. City City or Village City or Village Dept. Dept. Dept. EXHIBIT "B" From Jct. 133 and 30 South on 133 to South City Limits QE9k07 CITY OF BLAIR Pursuant to Sections lb, 7b, and 7d of the Agreement and to Exhibit "C" made a part of this Agreement through reference, the State agrees to pay to the City the sum of $1,000.00 per lane mile for performing the surface maintenance on those areas listed on the attached copy of Exhibit "C." From Exhibit "C" it is determined that the State responsibility within the City Limits is 15.24 lane miles. 15.24 lane miles X $1,000.00 per mile = $15,240.00. The State agrees to remove snow from the following sections for $250.00 per lane mile: From West City Limits to 23rd St. on Fontenelle 1.00 lane mile .34 lane mile From South Street on 13th to South City Limits 1.09 lane miles From South City Limits to South Street on 4.00 lane miles Highway 30 Total 6.43 lane miles 6.43 lane miles X $250.00 per lane mile = $1,607.50. $15,240.00 - $1,607.50 = $13,632.50 due the City and payable as per Section 7d. EXHIBIT "C" STATE OF NEBRASKA City of Blair DEPARTMENT OF ROADS RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS Neb. Rev. Stat. 39 -1339 (Reissue 1988) And Neb. Rev. Stat. 39 -2101 (Reissue 1988) I 1 I I I I 1 I Hwy. I Ref. Post I Length 1 Width 1 Number I Lane I Responsibility I I I in I of I Driving I Miles I Description I No. I I I Miles 1 Street I Lanes I Total I I I I From I To I I I 1 I State 1 City 1 I I I I I 1 I I I I I I I I I I I S. Corporate Limits to 100' I 30 1 446.20 1 446.33 I .13 I 24' I 2 I .26 I .26 I S. of Jct. 133 1 I I I I I I 1 I I I I I I I I I I 100' S. of Jct. 133 to 900' 1 30 1 446.33 1 446.51 I .18 I 33' I 2 I .36 I .36 I N. of Jct. 133 I 1 1 1 I I I I I I I I I I I I I I 900' N. of Jct. 133 to 150' I 30 1 446.51 1 447.44 I .93 I 24' I 2 I 1.86 I 1.86 I S. of Clark St. I 1 1 1 1 I I I 1 I I 1 I 1 I I I 1 150' S. of Clark St. to I 30 1 447.44 1 447.50 I .06 1 35' I 2 I .12 I .12 I 150' N. I I I I I I I I I I I 1 I I I I I 1 150' N. of Clark St. to I 30 1 447.50 1 447.85 I .35 I 48' 1 4 1 1.40 I .70 1 .70 South St. I I I I I I I I I I I I I I I I I I South St. to 50' E. of I 30 1 447.85 1 448.23 I .38 I 42' I 4 I 1.52 I .76 I .76 18th St. I I I I I I I 1 I I I I I I I I I I 50' E. of 18th St. to I 30 1 448.23 1 448.47 I .24 I 60' I 4 I .96 I .48 I .48 15th St. 1 I I I 1 I I I 1 I I I I 1 I I 1 1 15th St. to CNWRR I 30 1 448.47 1 448.63 I .16 1 42' I 4 I .64 I .32 I .32 I I I I I I I I I CNWRR to 12th St. I 30 1 448.63 1 448.76 I .13 132' I 2 I .26 I .26 I I I I I I 1 1 I 1 12th St. to E. Corp. Limits I 30 1 448.76 1 450.55 I 1.79 1 24' I 2 I 3.58 I 3.58 I I I I I I I I I I S. Corp. Limits (Co. Rd.) I 75 1 113.91 1 114.97 I 1.06 150' -52' I 4 I 4.24 I 2.12 1 2.12 to E. Jct. 30 I I I I I I I I I I I I I I I I I I W. Jct. 30 to 22nd St. I 75 1 115.46 1 116.20 1 .74 148' -50' I 4 I 2.96 I 1.48 1 1.48 I I I 1 I I I I I 22nd St. to N. Corp. Limits I 75 1 116.20 1 116.59 I .39 I 24' I 2 I .78 I .78 1 I 1 1 I 1 1 I I I W. Corp. Limits ( CNWRR) to I 91 1 229.58 1 230.13 I .55 I 24' I 2 I 1.10 I 1.10 I Washington St. I I I 1 I I I I I 0E9407 a 5 .1 ° 3 is I It : 1 I ?a "a l . I g N N ma ,... 3 1 i A L 3 1 I 1 1 s taa a A 74 x I .5 M..1 0 0 l'•• Oal 0 • on' tpl 0 l'• g N ii. U in .1.; NI• Nt NI ta 1 0 0 47. 4 ms In rl • 1 1 I! .4 4 el In In ••I N N 0 17: H t in .4 0 ii: 4 i A ■•■ 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, a stop sign be placed for the purpose of stopping traffic proceeding south bound on Pheasant Circle at its intersection with Clark Street, in the City of Blair. BE IT FURTHER RESOLVED that following the passage and publi- cation of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said stop sign. COUNCILMEMBER Shotwell MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Ellis, Kros, Realph, Ryan,Shotwell and Fail VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF DECEMBER, 1994. ATTEST: ALICE I. D (SEAL) a . . . ® j ° °ITY CLERK CITY OF � % T. w SEAL RESOLUTION NO. 1994- 50 CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council held on the 13th day of December, 1994. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1994- 51 COUNCILMEMBER Al ,1,n -+- INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Interlocal Agreement between the City of Blair, Nebraska, and Sanitary and Improvement District No. 4 of Washing- ton County, Nebraska, has been prepared and presented to the City Council providing for the sale of water from the City of Blair to Sanitary Improvement District No. 4 of Washington County, Nebras- ka; and, WHEREAS, the terms and conditions thereof are acceptable to the municpality. NOW, THEREFORE, BE IT RESOLVED said Interlocal Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER R11is . UPON ROLL CALL, COUNCILMEMBERS _ bbo1 F.1 1 i e . Fay, Krug t . Rati � S1tni dal 1 Paa 1 rh g. Ryan VOTING "AYE ", AND COUNCILMEMBERS TTnna VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF DECEMBER, 1994. ATTEST: o f.e s e..... a DI 1--/X ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR 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 13th day of December, 1994. e � ,P ALICE I. DIEDRICHSEN, CITY CLERK INTER LOCAL AGREEMENT On the 20 day of ec %an.-, 1994, the City of Blair, Washington County, Nebraska, hereinafter referred to as "City" and Sanitary and Improvement District No. 4 of Washington County, Nebraska, a political subdivision, hereinafter referred to as "SID," do hereby enter into this Inter Local Agreement pursuant to the following terms and conditions. WHEREAS, the City is a city of the first class pursuant to Nebraska Revised Statues, 1943, as amended, Section 16 -101; and WHEREAS, SID is a political subdivision formed pursuant to Nebraska Revised Statues, 1943, as amended, Section 31 -27; and WHEREAS, the parties have entered into this agreement pursu- ant to the Inter Local Cooperation Act, Nebraska Revised Statues, 1943, as amended, Section 13 -801 et seq; and WHEREAS, SID has requested water from the City and desires to enter into this agreement with the City for the supplying, furnishing, metering, and billing of water and it will serve the public welfare and be in the best interest of both parties to enter into such an agreement. THEREFORE, for and in consideration as set forth herein, the parties enter into this agreement for supply of water, reading meters and billing, as follows: I. Responsibilities of the Parties. It is hereby agreed by and between the parties that the City will supply water for residential use to SID. It is further agreed by and between the parties that the City will provide a master meter off of the tap of City's main by the SID. The SID shall pay all applicable tapping fees for said tap and shall comply with all of the City's specifications and requirements therefor. The SID shall be responsible for water metered at said master meter. The rate shall be the regular rates applicable to all users of the same main based on a minimum 2" meter. SID will pay to the City a $391.00 fee per household and a $250.00 per tap fee. Said fees shall be paid for each household connecting to the SID distribution system which is supplied water from the City main. In consideration of furnishing of such water to SID, SID hereby agrees to pay all charges and fees which may be set from time to time by the City for such water service. SID shall be solely responsible for and shall maintain all of the SID distribution system, including but not limited to, mains, meters, and piping and the City shall have no responsibil- ity for same whatsoever. The SID shall also be solely responsi- ble for any licensing, inspection, or other requirements for the operation of a water distribution system beyond the City main. II. Damages and Liabilities. SID further hereby agrees to indemnify and save harmless the City from any and all claims, causes of action, losses, damages, expenses, or any other liability of every nature and kind without exception, including but not limited to attorney fees, court costs, and expenses of litigation, which said claims, losses, damages, *expenses, causes of action, or other liability arises from any suits, causes of action, claims or other liability arising out of or by reason of providing of water by the City of Blair to SID except as may be caused by the negligence of the City. SID further hereby specifically waives any damages resulting frAim injuries or loss of property and hereby releases the City from damages of any other nature or kind, liabilities, or inju- ries arising from the furnishing of water by the City to SI except as may be caused by the negligence of the City. III. Performance and Termination. SID specifically acknowledges that it has been informed and agrees that the City makes no warranty, covenants, representa- tions, or agreements as to the volume, velocity, quality, or the continued water service from the City to SID except that the water shall meet the requirements of the Nebraska Department of Health for potable water. SID further specifically hereby acknowledges that they have been informed and agree by virtue of prior agreements or other unforeseen circumstance, it may be necessary for the City to temporarily or permanently discontinue or interrupt service to SID and the City shall be relieved of its obligations hereunder during such times. In the event either party fails to perform any of its coven- ants and undertakings under this agreement, said party shall be in default and written notice of the other party's intention to terminate this agreement shall be given to that party's governing body unless such default is cured within ten (10) from the date of such notice. Upon failure to cure said default within said ten (10) days, this agreement shall thereupon terminate and said party's shall thereafter by denied service herein. The ten (10) day time period in which to cure any default shall be superseded by any rules and regulations of the City generally applicable to customers of the City's municipal water system including but not limited to payment for water usage or disconnect time periods. Furthermore, any party who is terminated under the provi- sions of the above paragraph of the agreement shall forfeit all rights acquired by the agreement to which said party may other- wise be entitled upon the dissolution of this agreement. This article is not intended to limit the rights of any party under this agreement to pursue any and all remedies it may have on breach of this agreement. Any party's participation in this agreement may be terminat- ed by thirty (30) days written notice from the party to the other party. Upon termination, such party shall forfeit all right, title and interest in and to any property acquired by the author- ity of this agreement. IV. Miscellaneous. This agreement shall be in full force and effect upon the execution of this agreement by all of the parties listed herein, and shall continue in full force and effect subject to amendments until terminated by either of the parties hereto or the expira- tion of twenty -four (24) years, whichever is earlier. This agreement may be amended by the parties from time to time, provided any amendment shall be in writing and executed by both of the parties hereto. Either party hereto shall have the right to enforce by proceeding at law or in equity, all restrictions, conditions, covenants, and reservations, now or hereinafter imposed by the provisions hereof, either to prevent or restrain any violation of same, or to recover damages for such violation. Failure by the either party to enforce any covenant or restriction herein con- tained shall in no event be deemed a waiver of the right to do so thereafter. In the event any provision of this agreement or the applica- tion hereof to any party or circumstance is invalid, such in- validity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or application, and to this end the provision of the agreement are declared to be severable. In witness whereof, the parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein set forth. Attest: City of Blair, Nebraska a Municipal Corporation Alice I. Diedrichsen, Attest: Improvement District No. 4 of Washin on County, Nebraska a Po it'cal Subdiyisio, By RESOLUTION NO. 1994- 52 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C, Spirits, Wine, and Beer On and Off Sale Only Inside Corporate Limits Liquor License for Stuva Investments, Inc. d /b /a Ron's Blue Ribbon Sports Bar and Grill. 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 ABbhott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Ellis, Fay, Krnc Raa]rh, Ryan and Shotwe l VOTING "AYE" AND COUNCILMEMBERS Nana VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 20th DAY :DECEMBER, 1994. ATTEST: (26) A - /i _x n mac, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR 11 I. .1 . JI II I wil 1.11 14 nu III 1 1 1 ulu a uaa 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 20th day of December, 1994. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER Abbott WHEREAS, the City of Blair and Cable USA, Inc. are continu- ing negotiations considering the granting of a new franchise to Cable USA, Inc. for the operation of a cable television system within the municipality; and, WHEREAS, negotiations are anticipated to be completed on or before January 15, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, the franchise currently held by Cable USA, Inc. is hereby extended to January 15, 1995. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _Ryan . UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts. Ellis, Fay, Kros, Realph, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 20th DAY OF DECEMBER, 1994. ATTEST: s ti e+` t. •••w•�••1 /e0 RESOLUTION NO. 1994- s2 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ds• QF8„ INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA _ -/ MICHAEL A. MINES, MAYOR 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 20th day of December, 1994. ALICE I. DIEDRICHSEN, CITY CLERK