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1997 1 RESOLUTIONS - 1997 1. Set date for Board of Equal Hearing 1-28-97. Page 4273 2. Renewal of State Dept Roads Agreement No. 6 1977 4274 3. Assessments levied against Haven Hill and Eastgate 4277 4. Depositories for City Monies, W C Bk, First Bk, 4278 and Two Rivers State Bank 5. 1977 One and Six Year Plan 4282 6. Purchase land from Consolidated Blenders 4282 7. Purchase land from Harold Cooperman 4283 8. Agreement with Dana- wood chipper 4283 9. Agreement with Dana-ball-field 4283 10. Terminating Kelly Ryan CDBG 4283 11. 30 minute parking at Post Office 4288 12. No Parking west side of 13th, State to NE,9a - 4p 4288 13. No Parking North side of Iowa near dedicated ROW 4288 14. Easement to S E Smith, No 17 Ave (175') 4288 15. Lease Agreement with Unian Pacific for Sc Enhans 4292 16. Create Gap Paving District No. 171 (25th St.) 4292 17. Expressing intent to approve Interlocal Agreement for Police Department/3 counties 4297 18. Accepting Developers Agreement Korshoj Estates 4300 19. Accepting Develapers Agreement Deerfield Subdivis 4300 20. Electrical fees 4303 21. Sanchez Disability 4307 22. Purchase Land from Calvin Negus 430$ 23. Approve Agr No 2 Ne Dept of Roads(Detour) 4313 24. Naming Streets 4314 25. Filing Cargill CDBG 4318 26. Award of WA 35 to Eriksen 4318 27. Award of SE 54 to Eriksen 4318 28. Award of Paving 172 to Luxa 431$ 29• Approve Interlocal Agrmt with Wash Cty Prosecutor 4319 30. Developers Agreement Pleasant Valley 4321 31. Agreement/Easement Parking on R.O.W. 4321 32. L L for Toll House Class I 4321 33. Wash St Rd Dept resurfacing 4321 34. Payments to Engrg with Bond Reimb 4322 35, Cedar Constr to do Sewer 55 in Deerfield 4324 36. Downtown Impr Dist 173, 8~ objections 4324 37. Detour E 30, signs and temp move business 4324 38. Stops Signs new at Flynn Dr and Joanne Dr at 10th and move-sign at 18th and Butler. 4324 39• Sewer rates-adjusted 4325 40. Repealing Res 1997-16(~ap 171-25th St) FAILED 4328 41. Liquor License far Chili Peppers 4329 42• Liquor License for Bienvendos 4329 43. Recycling Ctr Grant Appl support 4331 44. WTP Contr Agreement Sedimentation 4332 45• Prop Tax Levy Lower than County 4334 46. Liq Lic for Highroller, John Kant 4334 47. Award Contract for Deerfield Paving 174 4335 48• Award Contract for Deerfield Water 36 4335 49. Amending Personnel Manual X336 50. Police Participation III C®RP Drug Force 4336 51. Bid far St Im D 175 to Luxa 4340 52. Bids far Sewer D S6 to Luca 4340 53. Bids for Water 37 to Luxa 4340 54. Consent Agenda 4340 55. Supplement to St Rd Dept 4340 56. Stop Signs on 14th at Adams, no & so 4343 57. Interlocal Agrmt-Village of Kennard, for Bldg Insp 4344 58. Stop Signs on 31st and College View Dr, stopping 4347 northbound traffic on 31st. 59. Gap Paving Dist 17 construction awarded 4350 60. City reimbursement for Engr Fees SID 173 4351 61. Adopt Annex Plan and set Public Hearing 1-13-98 4354 ..~ .~, RESOLUTION NO. 1997- 1 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. That the proposed schedules far special assess- menu against properties in Paving District Nos. 164 and 168, Sanitary Sewer Extension District Nos. 52 and 53, and Water Extension District No. 34 be and are hereby tentatively approved and placed on file with the City Clerk for inspection for all interested parties. That the Mayar and City Council shall hold a public hearing at its regular meeting at 218 South 16th Street, Blair, Nebraska, on the 28th day of January 1997, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equal- ization to levy special assessments on the lots and parcels of land benefited by the improvements in Paving District No. 164 and 168, Sanitary Sewer Extension District Nos. 52 and 53, and Water Extension District No. 34. That notice of the time of holding such meeting and the purpose for which it is held shall be pub- lished in The Enterprise, a legal newspaper published and of general circulation in the City at least ten (10) days, (two publications) before the date of said hearing. That the`City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. y ~~, COUNCILMEMBER _yan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER -~1..b.h.Q~~______________. UPON ROLL CALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILiwQMAN_E lis abstained, COUNCIIMEMBERS -NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF JANUARY, 199?. - CITY OF BLAIR, NEBRASKA BY MICHA L A. MINES, MAYOR ATTEST: A~6i~&ee~• DIEDRICHSEN, CITY CLERK .- o o CITY CF ;, e STATE OF ~TEI~RASKA o~z ® Ir ®~` ° ) ss ®©W ~~~~'O~T 4OUNTY ~ ®~®~m~,~®®~,®1~® j~sp~~,®~C~S'®®®I . DIEDRICHSEN, hereby certifies that she is the duly ~o®g, a ~ 4~ i ~~~ppOp~ app~`i°nted, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 14th day of January, 1997. ALICE I. DIEDRICHSEN, CITY CLERK .~ .. :s NOTICE OF ]sIEARING ON SIfECIAL ASSESSMENTS IN PAVING DISTRICT NO5.1tS4 AND 168, SANITARY SE~6ER ~SION DISTRICT NUS. S2 AND 53 AND WATER EXTENSION DISTRICT` NU. 34 T;LAnt, WAs»avGTON cor~NT~r, NESItAS>~ Notice is hereby given to ail masons owning, occapying or i in lots or parcels of laud lock! in Paving District Nos. 164 and 168, Sanitary Sewer Extension bistrict Nos. S2 and S3 and Water Extension District No. 34 of Blair, Nebraska, that on _ __J a n u a r v 2 . 1997, at 7 : 0 0 o'clock P.M., at 218 Sonth I6rh Street, a special me~ng of the Mayor and City Council sitting as a Board of Equalization and Assessment will equalize, levy and specially assess the costs of improvements in Paving District Nas. 164 and 168, Sanitary Sewer Extension District Nom. 52 and 53 and Water Extension District No. 34. The property subject to assessments in Paving District No. 164 is described in Ordinance No. 1738 of the City which was adopted va April 11, 1995. The property subject to assessments in Paving DistaticL No. 168 is described in Ordinance No. 1747 of the Ciry which was adopted on June 13, 1995. The property subject to assessments in Sanitary Sower Extension District No. S2 is described in Ordinance No. 1757 of the City which was adopted on July 25, 1995. 'The property subject to assessments is Sanitary Sewer Extension District Nv. 53 is described in Ordinance No. 174$ of the City which was adopted on June 13, 1995. The property subject to assessments in Water Extension District No. 34 is described in Ordinance 1Vo. 2756 of the City which was adopted on July ?5, 1995. At such meeting all peons interested may appeaz and make objection to such A map of the property in said Disoricts and the proposed schedule of assessments in said Districts ace available for insg~ion at the office of the City Clerk Copies of said Ordinances ace also available for inspection at said office for persons interested in a description of the properties affected and the nature of the improvements constructed. DATED this i 5th day of ~] a n n a r ~ .1997. CilyClerk Alice I. Diedrichsen RESOLUTION NO. 1997- 7 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Agreement Renewal of the Maintenance Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994; and, WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED that said Agreement Renewal of Maintenance Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994, is hereby adopted and approved by the municipality and-the. Mayor and City Clerk of the City of Blair 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 -_--J~x~s_____________. UPON ROLL CALL, COUNCILMEMBERS Ahhott, RPttt Fllis, Kroc, RPal~h~ RPP cyan 1-q~ ~.hotWell VOTING "AYE", AND COUNCILMEMBERS _ None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14th DAY OF JANUARY, 1997. CITY OF BLAIR, NEBRASKA B~ a / TG' MICHA~L A. MINES, MAYOR ATTEST: A <~~~.~,,,y~ DIEDRICHSEN, CITY CLERK ®~®®e ~ 0 4 + o +~ ~ ®~ ~ ~~ ,, f i o®s CITY ~F ° d 0 FIRST CLASS ®° ~®®°®~® ®®'®®® 1961 °®®°°® ~a+~~~~ ~®®®®®g~~~ y'f pcei~ gQ~6d -. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRIGHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 14th day of January, 199?. ALICE I. DIEDRIGHSEN, CITY CLERK RESOLUTION NO. 1997-~_ COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and. determine: That improvements made in Paving District Nos. 164 and 168, Sanitary Sewer Extension District No. 52 and 53 and Water Extension District No. 34 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 Nos. 164 and 168, Sanitary Sewer Extension District Nos. 52 and 53 and Water Extension District No. 34 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 Nos. 164 and 168, Sanitary Sewer District Nos. 52 and 53 and Water Extension District No. 34. SECTION Z. 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 50 days after the date of passage of this Resolution levying special assess- ment, and may be paid within said time without interest, but any installment not paid by said date shall draw interest at the rate of 6.5 % per annum from and after the date of passage. of this Resolution, and from and after date. of delinquincy at the rate provided by law. Said installments for Paving District Nos. 164 and 168, Sanitary Sewer Extension District No. 52 and 53 and Water Exten- sion District no. 34 shall become delinquent in ten (30} equal installments, as follows: 1/10th-March 19, 1997 1/10th-one year from date hereof 1/10th-two years from date hereof 1/10th-three years from date hereof 1/10th-four years from date hereof 1/10th-five years from date hereof 1/10th-six years from date hereof 1/10th-seven years from date hereof 1/10th-eight years from date hereof 1/10th-nine years from date hereof SECTIClN 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall. be cert- fied by the .City Clerk to the Treasurer of the City for collec- tion. SECTIQN 4. The Schedules of proposed assessments with any changes therein as heretofore directed by the Board shall be attached to and made a part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. v ~' CpUNCILMEMBER Ab'bo_;tt_, 1~OVED THAT THE RESOLUTION: HL: ADOPTED AS R WHICH SAID MOTION WAS SECfJNDED BY COUNCILMENBER Kros __ _ _ _. UPQN RDLL'CALL, CDUNCILMEM$ERS .VOTING "AYE", AND COUNCILMEMBERS V T E] 1:g s a b s t a~ n d. NlAYOFt DECLARED THE FOREGOING RESOI,UTIQN PASSED AATD AI:lOPTEI? TH S "7~fi4~_ DAY. C}~' JANUARY, x.997. CITY OF,BLAIR, NEBRASKA H MICHAE A. MIATES, MAYOR ATTEST: , ALICE I._DIEDR , CHSEN, CITY CLERK S~~aeaeaaeas T~`~`®E CR~'pINE ) A, ~ ASH J~ C ® ,>< ) ss Y_ mo :e ~~ ~°` ~ ~IEDRICHSEN, hereby certifies that she is .the duly ®~so~~ ®®•®m 296sa~~ e`®®® ap~~ g0~a ified, and acting Cxty .Cleric of the City of Blair, + ~BAA1A@AAA Nebraska, and that the above and foregoing. Resolution was duly passed and ad' pted at a regular meeting of the Mayor `and City Council of sai City field on the 28th clay of January, 1997'. CHSEN CITY CLERK RI ALICE I. DILD i . ~~,,t.GL,e c~ N©Venlbe~' 6,16 1W18yOr aad City Councl City of Blanr 218 S. °I6th St. flair, NE. 68008 RE: Engineers State~esrt of Costs an S.LD.168, Eastgate Plaza. T© Whom: It May Concern, We hereby sub~~it the follawing`stazemern of all costs and our proposed assessmen schedule in .connection with the con~sttuc~ion of Street Impriweznent District:168,. Eastgate Plaza. _ Total Constuction .Cost $ i l 6,179.01 Engineering,. Surveyiag.and Inspection 1?.,541.30 Testing Few 438?8 Letter to Citizens 2.42 Publiartian Notice of Creation - 60.72 .. Publication Notice of Orroinance ~ 26.90 -. Pnbliartion Notice of Contractors 29.67 Total District Costs ~ 129,268,30 r ~i .Grp'`'-'~.-" ..Richard L. Hansen. President, BESCC3, Inc. I= Assessment Schedule S.I.D. 168 . Total Less Developers Assessment Agreement Oland Descri hp 'on Lgg~l Description mount Deposit Amount Janice J. Lippincott and Lott 1, P~astgate Plaza Thomas J. Lippincott Blair, Nebraska. (33%) $ 37,003.51 $ 7,223.30 $ 29,780.21 Two Rivers State Bank a Nebraska Banking Corp. Centre Development Co. of Colorado Springs L.L.C. City of Blair Total Assessment Lot 2, Eastgate Plaza Blair, Nebraska (23%) $ 25,790.32 $ 5,034.42 $ 20,755.90 Lot 3, Eastgate Plaza Blair, Nebraska (44%) $ 49,338.01 $ 9,631.06 $ 39.706.95 Intersections $ 17,136.46 N/A $ 17,136.46 $ 129,26830 November 6,1996 Mayor and City Council City of Blair 218 S. 16th St. '~ Blair, NE. 68408, ~ . ' RE: Engineers Statement of Costs on S.S.D. 53, Eastgate Plaza.. To Whom It May Concern, We hereby submit the following statement of all costs and our proposed assessment schedule in connection with the construction of Salutary Sewer District 53, Eastgaxe Plaza. ,,r Total Constuction Cost Engineering, Surveying and Inspection Publication Notice of Ordinance . Publication Notice of Contractors $ 28,8'16.48 3,598.91 59.41 24.07 . Total District Costs $ 32,554.87. ~ U ~~ ..6,~.- Richard L. Hansen president, BESCO, inc. Assessment Schedule S.S.D. 53 Total Less Developers Owner Legal Description Assessment mount Agreement Deposit Amount Janice J. Lippincott and Lot 1, Eastgaxe Plaza Thomas J. Lippincott Blair, Nebraska (33%) $ 9,093.11 $ 1,847.33 $ 7,245.78 Two Rivers State Bank Lot Z, Eastgate Plaza. a Nebraska Banking Corp. Blair, Nebraska (23%} $ 6,337.62 $ 1,287.53 $ 5,050.09 Centre Development Go. Lot 3, Eastgate Plaza of Colorado Springs L.L.C. Blair, Nebraska (44%) $ 12,124.14 $ 2,463.11 $ 9,661.03 City of Blair General Obligation for future Assessments $ 5,000.00 N/A $ 5,000.00 Total Assessment $ 32,554.87 November 6, 1996 Mayor and City Council City of Blair 218 S. 16th St.' Blair, NE. 68008 RE: Engineers,Statement of Costs on S.LD. 164, Haven Hill Addition. To Whom It May Concern, We hereby submit the following statement of all costs and our proposed assessment schedule in connection with the construction of Street Improvement District 164, Haven Hill Addition. Total Constuction Cost $ 95,683.53 Engineering, Surveying and Inspection 11,967.65 Testing Fees 73.50 Letter to Citizens 1.60 Publication Notice of Creation 42.15 Publication Notice of Ordinance 20.42 Publication Notice of Contractors 41.63 Total District Costs $ 107,830.48 ,i b lr n-= ~; Richard L. Hansen President, BESCO, Inc. ^ ' S.LD. 164 L o Am n per egal Descripti n ou t Michael J. Comstock and Lot 1, Haven Hill Addition 15 3 E. B a ro n a 9 e Drive , B l a i r :Mary C. Comstock City ofBlair $ 6,957.4$ Bradley E. Taylor and Lat 2, Haven Hi11 Addition 3 0 5 8 W e s t r i d g e O r i v e, B l a i r Laura L. Taylor City of Blair $ 6,957.48 Wayne R. Samuelson and ..Lot ~, Haven Hill Addition 10 8 0 S 17 Ave . , B 1 a i r . Mary J. Samuelson City of Blair $ 6,957.48 Bradley E. Taylor and' Lot 4, Haven Hill Addition -Laura L. Taylor City of Blair $ 6.957.48 Bradley E. Tavior and. Lot 5, Haven Hill. Addition Laura L: Taylor City of Blair $ 6;957..4$ Bradley E. Taylor and Lot 6, Haven Hill Addition. Laura:L, Taylor City of Blair $ 6,957.4$ Bradley E. Taylor and Lot 7, Haven HiI1 Addition Laura L. Taylor City of Blair ~ $ 6,957.4$ Robert .T. Carlson and Tax Lot 222, Sec. 14, T 18 N, 17 5 9 W i ]bur S t . , 61 a i r Elizabeth K. Carlson R 11 E $ 11,291.E 3 7effrey C. Ellis and Tax Lot 223, Sec. 14, T 18 N, 2171 Colfax S t . , B 1 a i r .Sandra L. Ellis R 11 E $ 29,279.85 City of Blair City Park $ 12,399.24 City of Blair 5.71 U3448% of total project $ b, 157.50 Tatal Assessment $ 107,830.48 NOTE: Cost per front foot $64.7784331 Haven Hill Addition 751.83 Front foot divided by 7-Lots Tax Lot 222 174.31 Front foot Tax Lat 2?3 452. Front'foot City of Blair .191.41 Front foot + Intersection Assessment Schedule w.D. 3a L Cost Per Front Foot $ 1F.524 Total Less Developers Owner L.e~!al Description Assessment Agreement mn nt Deposit mount Michael J. Comstock and Lot 1, Haven Hill Mary C. Comstock Addition City of Blair $ 1,761.98 $ 378.64 $ 1,383.34 Bradley E. Taylor and Lot 2, Haven Hill Laura L. Taylor Addition City of Blair $ 1,761.97 $ 378.64 $ 1,383.33 Wayne R. Samuelson and Lot 3, Haven Hill Mary J. Samuelson Addition. City of Blair $ 1,761.98 $ 378.64 $ 1,383.34 Bradley. E. Taylor and Lot 4, Haven Hill Laura L. Taylor Addition City of Blair $ 1,761.97 $ 378.64 $ 1,383.33 Bradley E. Taylor and Lot 5, Haven Hill Laura L. Taylor Addition City of Blair $ 1,761.98 $ 378.64 $ 1,383.34 Bradley E. Taylor and Lot 6, Haven Hi11 .Laura L. Taylor Addition City of Blair $ 1,761.97 $ 378.65 $ 1,383.32 Bradley E. Taylor and Lot 7, Haven Hill Laura L. Taylor Addition City of Blair $ 1,761.98 $ 378.65 $ 1,383.33 Jeffrey C. Ellis and Tax Lot 223, Sec. 14, Sandra L. Ellis T 18 N, R 11 E $ 7,468.84 N/A $ 7,468.84 City of Blair 18.1083512% of project $ 4,378.88 N/A $ 4,378.88 Total Assessment $ 24,18155 NOTE: Haven Hill 746.42 Front foot divided by 7 Lots Tax Lot 223 452 Front foot City-of Blair '/z cost from south end of Haven Hill Addtion to existing water line `r ~' i ~, -. ", . November 6, 1996 Mayor and City Council City of Blair 218 S. 16th St. Blair, NE. 68008 RE: Engineers Statement of Casts on S.S.D. 52, Haven Hill Addition. To Whom It May Concern, We hereby submit the following statement of all costs and our proposed assessment schedule in connection with the construction of Sanitary Sewer District 52, Haven Hill Addition. Total Constuction Cost $ 25,889.75 Engineering, Surveying and Inspection 3,093.04 Publication Notice of Contractors 19.27 Total District Costs $ 29,002.06 6 Richard L. Hansen President, BESCO, Inc. •f ,. ~ Assessment Schedule S.S.D: 52 Total Less Developers ~vner L.egeSCPIDtion Assessment mau_nt Agreement Deposit Amo nt Michael J. Comstock Lot 1, Haven dill Addition Mary C. Comstock Cityof Blair 1 Unit $ 2,636.55 ~ 534.42 $ 2,102.13 Bradley E. Taylor Lot 2, Haven Hill Addition Laura L. Taylor City of Blair 1 Unit $ 2,636.SS $ 534.42- $ 2,102.13 Wayne R. Samuelson Lot 3, Haven Hill Addition Mary J. Samuelson City of Blair 1 Unit $ 2,636.55 $ 534.42 $ 2,102.13 Bradley E. Taylor Lot. 4, Haven Hill Addition Laura L. Taylor City of Blair 1 Unit $ 2,fi36.55 $ 534.42 $ 2,102.13 Bradley E. Taylor Lot 5, Haven Hill Addition Laura L. Taylor City of Blair 1 Unit $ 2,636.55 $ 534.42 $ 2, 102.13 Bradley E. Taylor Lot 6, Haven Hill Addition Laura L. Taylor City of Blair 1 Unit $ 2,636.55 $ 534.41 $ 2,102.14 Bradley E. Taylor Lot 7, Haven Hill Addition Laura L. Taylor City of Blair 1 Unit $ 2,636.55 $ 534.41 $ 2,102.14 Jeffrey C. Ellis and Tax Lot 223, Sec. 14, T 18 N, Sandra L. Ellis R 11 E 4 Units $ 10,546.21 N/A $ 10,546.21 Total assessment $ 29,002.06 NOTE: Haven Hill 7 Units Tax Lot 223 ~ Units I1 Units RESOLUTION NO. 1997-_~. COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION; BE IT RESOLVED BY THE MAYOR 'AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT First Bank N. A., Washington County Bank, and Two Rivers State Bank are hereby designated as depositories for City funds. COUNCILMEMBER Rvan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ahb~t_____..__-_______~. UPON ROLL CALL, COUNCILMEMBERS Abbott. Betts. Ellis. Kros. Realah. Reeh, Rvan and Shotwell VOTING "AYE", AND COUNCILMEMBERS Non VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9f~th DAY OF JANUARY, 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: r,Ira ~ l~-~ ~`~-~ o ,~,(lA~ oa ~i AA ALICE I. DIEDRICHSEN, CITY CLERK C SE°°~~aF ~i~ rqq~~~,®,s• CiTYOF °r ~ ) ss i~TAS GT N GOiJ~TTY ~ ) ~ ~ : # ~~ p r ~a ~.~~•~IEDRICHSEN, hereby certifies that she is the duly ®®~~~p alified, and acting City Clerk of the City of Blair, ~B®~~8~~ BQ®®0 Nebras$Jca, 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 28th day of January, 1997. ~~.~o, ~~~~~~.~~~~~~~ ~ ALICE I.DIEDRICHSEN, CITY CLERK .~, s RESOLUTION NO. 1997-~_ COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1997 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 TT FURTHER RESOLVED that a copy of said plan be filed with the Department of Roads,. State of Nebraska. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _A_bbot_t__________ ____. UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts E11is.LKros Real~h Reeh, and Shotwell VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF FEBRUARY, 1997. CITY OF BLAIR, NEBRASKA BY ,~ -~ ~ MICHAEL A. MINES, MAYO ATTEST: ®Bg9~H8A®9BBgp® ~~ ~e ®. -® ~~~ a~ cs-rv ~~ ® .~ ALICE I. DIEDRICHSEN, CITY CLERK ~ . ® ~ ° SEAL ~ ~~ m `~ (SEAL ) ~~ ®Q FiRSI' C6.~,4 ®.` !~ STATE OF NEBRASKA ) WASHINGTON COUNTY ~ SS o, "~p~aea®aee® 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/////~ 2 5 t h y/--d~/ayoJ f February, 1997 . fA ~~A D ~R /AO [~f'/~z../~1~L~yL~ ALICE I. DIEDRICHSEN, CITY CLERK February 5, 1997 Mayor and City Council Blair, Nebraska The following is the 1997 One and Six Year Street Plan for the City of Blair, which is submitted for your final review and adoption. YEAR PROJECT NO DESCRIPTION 1997 M-157(S-114) Twenty Fifth Street - Washington Street to Highway 91. (Grading - 6" Concrete Faving). 1997 M-157(T-127) Lincoln Street - 19th Street to 22nd Street (Asphalt overlay drainage swales at 21st and 22nd). 1997 M-15?(T-130) Wright Street - 100' West of 20th Avenue to 23rd Street (Mill and asphalt overlay). 1997 M-157{T-132) Tenth & Jackson Street - Rebuild intersection. 1997 M-157(U-138) Grant Street - First Street to 9th Street - (Grading, sub-grade preparation and 8" asphalt paving}. 1997 M-157 (i7-140) Nebraska Street at Cauble Creek - Build inlet and underdrain and repair deteriorated pavement. 1997 M-157 (II-141) 25th Street - Washington Street to South Street. (Mill and asphalt overlay). 1997 ~ M-157 {II-142) Grant Street - First Street to Industrial Drive (Grading and asphalt paving}. 1997 M-157 (II-.143) Blaine Street - Existing asphalt paving - East to existing paving at East 5th Street (5" Asphalt paving). 1997 M-157 (II-43) Miscellaneous Street and Curb Inlet Repair. 1997 M-157 (V-141) Miscellaneous Areas - Mill and resurface with asphalt overlay.. 1997 M-157. (V-142) Miscellaneous curb cuts, curb and gutter removals and construction of handicap ramps as required by A.D.A. .- r '1997 One and Sis Year Plan (Continued) 1997 M-157 (V-18) Layaway for matching funds. (Highway 30 East; Highway 30 South - Lincoln Street to Highway 133). 1998-2002 M-15? (W-146} Miscellaneous areas - Mi11 and resurface with asphalt overlays. 1998-2002 M-157 (W-147) Miscellaneous curb cuts, curb and gutter removals and construction of handicap ramps as required by A.D.A. 1998-2002 M-157 {W-43) Miscellaneous street and curb inlet repair. 1998-2002 M-157 (W-18) Layaway for matching funds. Highway 30 East; Highway 30 South - Lincoln Street to Highway 133. 1998-2002 M-157(52) Road from Highway 91 to Black Elk Park and 27th Street at Hansen Drive. 1998-2002 M-157(136) First Street - Jackson Street to Highway 30 (Right of way aquisition, construction of concrete paving, drainage structure and railroad. crossings). 1998-2002 M-157(137) Tenth Street - Grant Street to Highway 75 South. (Right of way aquisition, grading and .concrete. paving). 1998-2002 M-157 (145) Tenth Street - Jackson Street to Railroad (Widening, resurfacing and construction of turn lane from Tenth to Jackson). Respectfully Submitted, Warren D. Whitaker City Street Superintendent City of Blair, Nebraska pf RESOLUTION N0. 1997- 6 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Washington County, Nebraska, .has offered to purchase Tax Lot 87 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska from Consolidated Blenders, Inc., a Nebraska Corporation, and, WHEREAS,. an agreement for the purchase of said real estate is on file with the City Clerk and the terms and conditions of said purchase are set forth therein, and, WHEREAS, the purchase of said real estate,-and the terms and conditions of said agreement are acceptable to the City of Blair, NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLATR, NEBRASKA, that the agreement for the pur- chase of said real estate referred to here and above from Consul- idated Blenders, Inc., a Nebraska Corporation, which said agree- ment is an file with the City Clerk of the City of Blair is hereby approved and adopted. BE IT FURTHER RESOLVED, the Mayor and City Clerk of the City of Blair are authorized and directed to execute same on behalf of the municipality and to file the deed from the seller. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS .READ, WHICH SAID MOTION WAS SECONDED BY GOUNGILMEMBER Betts______ _ _ UPON RaLL CALL, COUNCILMEMBERS Ahhott Retts_ Fllic_ Krnc_Realeh RPPh and Chnt!'L11 VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF FEBRUARY, 1997. .. CITY OF BLAIR, NEBRASKA BY ~ ~aA T cR»---- MICHAEL A. MINES, MAYOR ATTEST : e~°~0®t°®0~ ®es,,®D~s® < o~' e.® s® ~~ OwI ~//~ ~ ///~//,~\\j t '~ CITY O~ ALICE I. DIEDRICHSEN, CITY. CLERK ~=z,~ o m (SEAL) s ®© FIRST Ci~$ .' a q M® P~9~ .®®®, 1961®.®"'s ••®°• STATE OF NEBRASKA ) ~Ar'"~~R~cKp.®®•.• ) SS ®asatttttttt WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, .and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 25th day of February, 1997. ~.~i~~> ~~ ~~~~~~ ALICE I. DIEDRICHSEN, CITY CLERK r RESOLUTION NO. 1997-~_ COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Washington. County, Nebraska, has offered to purchase Beginning at a point on the South line of Tax Lot 80 in. Section 12, Township 18 North, Range 11 East, said point being 120.00 feet East of the Southwest corner of Tax. lot 80; thence Easterly along the South line of Tax Lot 80 to the Southwest corner thereof; thence. Northerly along the west line of Tax Lot 80 a distance of 24.Q0 feet, thence Southeasterly. to the point of beginning, lying in the NW1/4 SE1J4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, and containing 0.033 .acres .more or less from Harold Cooperman and Merriam _ Cooperman husband and wife, and, WHEREAS, an. agreement for the purchase of said real. estate is on file with the City Clerk and the terms and conditions of said purchase are set forth therein, and, WHEREAS, the purchase of said real estate, and the terms and conditions of said agreement are acceptable to the City of Blair, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR A1+TD CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the agreement for the pur- chase of said real estate referred to here and. above from Harold and Merriam Cooperman which said agreement is on file with the City Clerk of the City of Blair is hereby approved and adopt- ed. BE IT FURTHER RESOLVED, the Mayor and City Clerk of the City of Blair are authorized and directed to execute same on behalf of the municipality and to file the deed from the sellers. COUNCILMEMBER Kros MOVED THAT THE RESQLUTiON BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _,____Reeh___r______^, UPON ROLL CALL, COUNCILMEMBERS AbbQtt,, Betts, E11is, Kros, Realph. Reeh and Shotwelj VOTING "AYE"; AND COUNCILMEMBERS None VOTING."NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF FEBRUARY, 199?. CITY OF BLAIR., NEBRASKA MIL~HAEL A. MINES, MAYOR ATTEST: 4® ~ CITY f?F e+ ALICE I. DIEDRICHSEN, CITY CLERK • „ ° ° ~ ® ~"~R~31 V~~7a7 ® q STATE OF NEBRASKA ) ~o®,o ®°®®®a 196®®®s®°®° ®s.`°` WASHINGTON GOUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 25th day. of February, 19.97. ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT FOR THE SALE OF REAL ESTATE This agreement made this _.4~ch day of March 1997, by and between the Harold Cooperman and Merriam Cooperman, hus- band and wife, hereinafter referred to as "Sellers," and the City of Blair, Nebraska, a Municipal Corporation, , hereinafter re- ferred to as "Buyer." WITNESSETH: Sellers agree o sell and convey to the Buyer by warranty deed, free and cle r of all encumbrances except easements and restrictions of rec rd, the following described real estate, to wit: Beginning at a point on the South line of Tax Lot 80 in Section 12, Township 18 No~th, Range 11 East, said point being 120.00 feet East of the Southwest corner of Tax Lot 80; thence Easterly along the South lips of Tax Lot 80 to the Southwest corner there- of; thence Northerly along the west line of Tax Lot 80 a distance of 24.00 feet; then'~ce Southeasterly to the point of beginning, lying in the NW1/4 ~E1/4 of Section 12, Township 18 North,. .Range 11 East of the 6thIP.M., Washington County, Nebraska, and con- taining 0.033 acresimore or less. and said Buyer agrees to purchase said property on the following terms-and conditions, to-wit: The purchase price therefore is agreed to be the sum of $4,500.00 which said sum shall be payable in cash upon closing of the transaction which shall be on or before March 1, 1997. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The Seller shall pay the 1996 and all prior real estate taxes levied against the property. _ The Buyer shall be responsible for and shall pay for any surveying expenses.! This agreement~i executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. Harold Cooperman Merra~_ Cooperman .. .. CITY OF BLAIR, NEBRASKA B MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) On this day of 1997, before me, the under- signed a Notary Public, duly commissioned and qualified for in said county, personally came Harold Cooperman and Merriam Cooperman, Sellers, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her/their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) On this 4 t h day of M a r_c h . , 1997 , before me, the under- signed a Notary Public, duly commissioned and qualified for in said county, personally came Michael A. Mines, Mayor of the City of Blair, Nebraska, Buyer, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowl- edged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC MY COMMISSION EXPIRES: ~1~J ~tJvc~ 000~19Grp''~9'~~MI N03~131N 1~J~ e Jo w-°~ • A1aH1QN 1b~J 4 RESOLUTION NO. 1997-8 COUNCILMEMBER REALPH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair received a grant which partially funded the purchase of a wood chipper and Dana College partici- gated in the funding of the purchase price in excess of the grant and, WHEREAS., an agreement between the City of .Blair and Dana College is on file with the City Clerk providing for the avail- ability and use of the wood chipper by Dana College, and,. WHEREAS,. the terms and conditions of said agreement 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 the Agreement between the City of Blair and Dana College allowing for the use of said wood chipper by Dana College. is hereby approved and adopted by -the City of Blair, and the Mayor and City Clerk are hereby author- ized and directed to execute same on behalf of the municipality. COUNCILMEMBER Betts MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID- MOTION WAS SECONDED BY COUNCILMEMBER -----Abbott __________. UPON ROLL CALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF February, 1997. CITY OF BLAIR,NEBRASKA B~' ~.~~ ~ MICHAEL A. MINES, MAYOR r ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )S5 WASHINGTON COUR1'TY ) 4~~89®®~ aq,®®a O Oda®® ® @® ®®4®® ®®d ® ~ill~f ®F ° a ®e m m m a ~. ®fl FIR~°f CI.ASIy ®° ~~'®m,®®®®®~®®1 p9~~6g®®~~8~0®~d~®~ BI,®8~~ ri ~@`e~ 64®tl ALICE I. DIEDRICHSEN, hereby certifies that .she is the duly appointed, qualified, and acting City Cierk 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 February, 1997. 10!_iTAC I~~ ~ ~~! Lc~iS,P~~~ ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT ~f ~ This agreement is entered into this j-.~~~' day of January, 1997, by and between the City of Blair, Nebraska, hereinafter referred to as "Blair," and Dana College, hereinafter referred to as "Dana." WITNESSETH: Whereas, Blair owns a wood chipper, hereinafter referred to as "equipment," and Dana desires to use the equipment, the par- ties hereby enter into this agreement pursuant to the following provisions: 1. Blair shall make the equipment available to Dana at Dana's request and as mutually agreed upon between the parties. At such time as the equipment is in possession of Dana, Dana agrees it shall properly house and provide storage for said equipment to protect it from vandalism and natural elements. 2. Blair shall be responsible insurance, routine main- tenance, and repairs to said equipment, except such repairs as may be caused by the negligence of Dana, its agents, and em- ployees in the operation of the equipment. 3. Dana agrees it shall operate and maintain the equipment pursuant to the manufacturer's .specifications and requirements, and further that it will not allow any personnel to operate said equipment unless they have been properly instructed in the opera- tion of the equipment. 4. Dana covenants and agrees to indemnify and hold harmless Blair, its officers, agents, and employees, their successors and assigns, individually or collectively from and against all li- ability for any fines, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from the operation of said equipment by Dana or the activity in connection with its use of the equipment and Dana further agrees to pay all expenses in defending against any claims made against Blair; provided, however, that Dana shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of Blair, its agents, or employees. Dana and Blair shall give prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. 5. Dana, its agents and employees, shall not be in any way considered to be employees of Blair for any purposes for services rendered under this agreement. Dana shall be responsible for any employees which it may hire or retain in performance of the duties and obligations hereunder and its use of said equipment, and Dana shall be responsible for and shall pay any workers .. .,~ compensation insurance,. pensions, or claims, health insurance, unemployment compensation, income tax .,withholding, FICA taxes on account of such employees or other tariffs. 6. In the event that any provision of this contract is found to be unenforceable under the laws of the United States or the State of Nebraska or by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 7. This contract shall be interpreted pursuant to the laws of the State of Nebraska . 8. This Agreement. contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee, or other representative of either part is empow- ered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. 9. This agreement shall be binding upon the heirs, succes- sors, and assigns of both parties hereto. Attest: City of Blair, Nebraska Alice I. Diedrichsen, Michael A. Mines, Mayor City Clerk Dana College, A Nonprofit Corporation By Its u thorized officer. *. RESOLUTION NO. 1997- 9 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair and Dana College have cooperated COUNCILMEMBER ABBOTT on the use and maintenance of the athletic fields located on Tax Lots 365 and 425 in Section 11, Township 18 North, Range 11 East of the 6th P.M., Washington. County, Nebraska, and, WHEREAS, a lease is on file with the City Clerk providing for the duties. and responsibilities of each party, and, WHEREAS, the terms and conditions of said lease are accept- able to the City of Blair, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the lease .between the City of Blair and Dana. College for the joint use of said athletic complex is hereby approved 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 Betts MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER __Kro_s_____________ __. UPON ROLL CALL, COUNGILMEMBERS Abbott, Betts Ellis ~Kros} Real~h, Reeh and ~hntwa~l VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF February, 1997. CITY OF BLAIR,NEBRASKA B ~ ICHAEL A. MINES, MAYOR ATTEST : 4®~~ ~®~ei~ / ~ ~ ~ go ALICE I. DIEDRICHSEN, CITY CLERK ~~+ ® # a a SEAL ) ®~ a°°®i®® °~®'a ®®196 ®~oQ®~. _6~®®®® STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she. is the duly appointed; qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the .25th day of February, 1997. //,~/ // lAl~/A o> ~~,tD ~~~~~~~ ALICE I. DIEDRICHSEN, CITY CLERK v • LEASE AGREEMENT This agreement made and entered into this ~ day of March, 199?, by and between Dana College, a Nonprofit Corporation of Blair, Nebraska, hereinafter referred to as "Lessor," and the City of Blair, Nebraska, hereinafter referred to as "Lessee." WITNESSETH: For and in consideration of the mutual benefits to each party and other valuable consideration, the sufficiency of which is hereby acknowledged, the Lessor has on this date leased unto the Lessee the following described premises to-wit: Y Tax Lots Three Hundred Sixty-five (365) and Four Hundred Twenty-five (425) in Section Eleven (11), Township Eighteen (18) North, Range Eleven (11) East of the Sixth Principal Meridian, Washington County, Nebraska, together with all improvements thereon for the term of one (1) year from-the 1st day of June, 1997, to the 31st day of May, 1998. It is further agreed by and between the parties hereto that no construction or placement of improvements either permanent or temporary upon the above described premises shall be made without the prior approval in writing of the Lessor. St is further agreed that all maintenance costs, including utilities, litter disposal, lawn mowing and watering shall be the responsibility of Lessor. Lessee shall reimburse Lessor for one- half of said maintenance expenses and repair expenses of the water irrigation system on Zimmerman Field. It is agreed each party shall be responsible for their own field preparation for sporting events sponsored by each respec- tive party. This lease shall be automatically renewable for additional one (1) year periods after the expiration of the primary term provided, however, either party may terminate this lease by giving notice not less than sixty (60) days prior to the expira- tion of the primary or any renewal thereafter. The Lessor agrees to indemnify and save harmless the Lessee from any and all claims, suits, causes of action, or liabilities of any nature or kind resulting from the Lessor's maintenance, control, and upkeep of the premises. • . ~w Upon the termination of this lease for any reason, any improvements on the premises. shall become the property of the Lessor free and clear of any encumbrances thereon. The terms and conditions hereof shall be binding upon the heirs, personal representatives, successors., and assigns of both parties hereto. Dana College, A Nonprofit Corporation essor By Its y authorized officer.. Attest: City of Blair, Nebraska ~~ ~ ~~o~~~~~~ -.- ~~~~ c ,~~, - Alice I. Diedrichsen, Michael A. Mines, Mayor City Clerk a .~ a RESOLUTION NO. 1997- 10 COUNCILMEMBER ELLIS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska, Department of Economic Development awarded a Community Development Block Grant to Kelly Ryan Equipment Company which was evidenced by a Community Devel- opment Block Grant Agreement and Promissory Note dated May 2, 1986; and, WHEREAS., the terms and conditions thereof set and established by the State of Nebraska, Department of Economic Development included a provision regarding repayment by Kelly Ryan Equipment Company based upon specific net profit levels. and, WHEREAS, the company has not reached the profit levels and based upon all reasonable .projections will not within the fore- seeable future attain levels requiring repayment; and, WHEREAS, the continued obligation. against the company with no repayment requirement impedes the economic growth of the company and its ability to expand with the prospect of hiring additional employees; and, WHEREAS, the State of Nebraska Department of Economic Devel- opment will examine the termination and release of said Community Development Block-Grant Loan Agreement and said Promissory Note and it is anticipated will approve. the termination and release based upon the projected economic expansion of the company and the creation of additional jobs resulting from the termination and release. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL v ~ ` ~ 1 f L OF THE CITY OF BLAIR, NEBRASKA, that the obligations of Kelly Ryan Equipment Company under -said Community Development Block Grant Loan Agreement and said Promissory Note are hereby termi- nated and released. COUNCILMEMBER Ellis MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ____Abbott ___________. UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts Ellis,, Kros, Real ph,,„.Reeh and Shntwall VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED .AND ADOPTED THIS 25th DAY OF FEBRUARY, 199?. CITY OF BLAIR, NEBRASKA MICHP~E MINES , MAYOR ATTEST •sr~~r "'Y~w" ALICE I. DIEDRICHSEN, CITY CLERK ,,. .• CRYCF •.• r • • °+ + ~~.lY G~ a°• a STATE OF NEBRASKA ) ) SS ~®®i ®•®"• 1961 ®®®•• ®e°,, WASHINGTON COUNTY ) °°°b~~~pS~~'®•''® ®9u_ ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting. of the Mayor and City Council of said City held on the 25th day of February, 1.997. ALICE I. DIEDRICHSEN, CITY CLERK w d s City of Blair 218 South 16th Blair, Nebraska 68008 402-426-4191 Fax - 402-426-4195 ~.' March 4, 1997 Bill Ho Economic Development Specialist Nebraska Department of Economic Development P.O. Box 94666 301 Centennial Mall South Lincoln, NE 68509-2666 RE: Ke11y Ryan Equipment Co. CDBG Grant Dear Bill, This letter is in response to your phone .conversation. with Rodney A. Storm, City Administrator, several weeks ago requesting I send a letter asking the DED to authorize the "writing off" of the Kelly Ryan Equipment Co. CDBG loan through the City. Attached you will find a copy of the letter we received from H. Wayne Smith of the Kelly Ryan Equipment Co. requesting us to forgive this debt and a cagy of the resolution adopted by the City Council forgiving the debt. The City's forgiveness is contingent upon DED providing us with written approval of their intent to forgive this debt. I would point out, the City Council did not take this issue lightly. It was only after considerable discussions that the Council agreed to this action. If you have any further questions, please feel free to contact Rodney A. Storm or myself. Sincerely, Michael A. Mines Mayor cc: City Attorney City Clerk City Administrator City Council Kelly Ryan Equipment Co. .. i~ ~' prom+se c __ RESOLUTION NO. -1997- 11, COUNCILMEMBER RYAN. INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Section 5-408 the governing body of the municipality may restrict times on designated streets or portions 'thereof within the municipality; and, WHEREAS, the Mayor .and Cit~i Council deem it necessary to restrict parking on certain areas adjacent to the Post Office in the City of Blair to thirty t30) minute time periods. NOW, TI~EREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking on the following described area. is and shall be limited to no mgre than thirty (30) minutes: on the West side of 16th Street from the north curb of Front Street 60 feet north and on the north side of Front Street from the west curb of 16th Street 85 feet West. BE IT FURTHER RESOLVED 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 parking restriction. BE IT FURTHER RESOLVED that the street department of the City of Blair is hereby authorized a,nd directed to place restric- five parking signs reflecting the restricted parking area as established hereby at necessary intervals along said area. COUN'CILM~IKBER S h o t w e l 1 MOVED THAT T~iE RE5OLUTTOI~1" SE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ellis UPON ROLL CALL, COUNCILMEMBER~ Beti;s,~],] ice, Kros Reeh ~„Rvan and hotwel j , VOTING "AYE", AND COUNCILMEMBERS NOnP , VOTING !'NAX", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25th DAY bF MARCH, 1997, r ,~ o.• .s ' ®psp ®d CITY BLAIR, NEBRASKA ~ ° yyy...... a r ~ a o ~ ~ : ~ ± ij ° SOBS °, ~ °® ~l~? e~SS ® e ®a`°® ~7'O D . ABBOTT , ACTING MAYOR ATTEST: ~~~, o~y~'O~~apg~sp~;®g®~®®`® @~®. ~ a pp ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ~I,ICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Neb~"aska, 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 25th day of March, 1997. nn ~(//////~ A, 1~9 C~/t...1 /4~ UJI~I~~~ ALICE I. DIEDRICHSEN, CITY CLERK w ~ ~ 9 COUNCILMEMB~R RYAN INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTTON NO. 1997- 12 WHEREAS, Section S-4Q4 of the Municipal Code of the City of Blair, provides that the governing body may by resolution prohib- it or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited from 9:OQ o'clock A.M. to 4:00 o'clock P.M.on the West side of Thir- teenth Street from State Street to Nebraska Street in the City of Blair, Washington County, Nebraska, and that the Street Depart- ment of the City of Blair and. the Police Department are hereby authorised and directed to place No Parking signs reflecting the no parking area as established hereby at negessary intervals along said no parking area and that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, oz refuse to comply with said prohibi- tion. COUNCILMEMBER R~dn MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts UPON ROLL CALL, COUNCILMEMBERS ___g_~ttc _ F11 ; c, Kro~,_,., Reg=h Ryan and Shotwel l , VOTING ~AY3 E",-AND CQUNCILMEMBERS None , VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS firth .DAY OF MARCH, 1997. CITY O,F'/$LAIR, NEBRASKA ~~ ~,;~~~ D. ABBOTT, ACTING MAYOR M.t . P 1 ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY )ss ®~©`peeaeaaaeoee®®~fi ~e e ®, ®®o , G ®~ ~ g ®~ F ®~ ~ ®~ , ®®~ ~~ ® • s • e .. n o FIRST CLAW ~ d e a ®p®p®°®~ °•~,~ °~g96o®®°~°~®u®®v ALICE I. DZEDRICHSEN, 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 Mayer and City Council of said Gity held on the 25~ day of March, 1997. L ~~~> ~ ~~~~h-~ a~ e~~ ALICE I. DIEDRICHSEN, CITY CLERK `_~ ~- COUNCILMEMBER RYAN. INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION Nb. 1997- 13 WHEREAS, Section 5-404 of the ,Municipal Code of the City of Blair, provides that the governing body may by resolution prohib- it or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY TI#E MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the ATorth side of Iowa Street from 20 feet West of the East end of the medicated right of way to 120 feet West of the East end of the dedicated right of way in the City of Blair, Washington County, Nebraska, and that the Street Department of the City of Blair and the Police Department are hereby authorized and direct- ed to place No Parking signs reflecting tie no parking area as established hereby at necessary intervals along said. no parking area and that following the passage and publication of this Resolution it shall be unlawful fdr any person to fail, neglect, or refuse to comply with said prohibition. COUNCILMEMBER Ellis MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Rvan ^. UPON ROLL CALL, COUNCILMEMBERS -~et.ts, E11 is, Kros, Ree Ryan and Shot~~ 1 , VOTING "AYE" ~ AND COUNGILMEMBERS _~,2n a , VOTING "NAX", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED A~1'D APPROVED THIS 5th DAX OF MARCH, 1997. CITY O~-j$LAIR, NEBRASKA B D. ABBOTT, ACTING MA 4 ATTEST : `®®`®e' ~e~ o.....,..~ P,eo+ mq` ®' CITY OF °~ ~~/L l ~'~ O '~ ® m • ALICE I. DIEDRICHSEN, CITY CLERK ®~ °® FIRSTCL~+SS ®° ,~ ®® 96 ®®. 0,,® ®®a= ~®®~1®® o®~ o o~ (SEAL) ®~®~~ ~~'RA~~~o~'G e`'aaaaaae.uenosea STATE OF NEBRASKA ) )ss wASI~INGTON COUNTY ) ,LICE 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 25,t~_ day of March, 1997. ~~~~~~~ ~~~ ALICE I. DIEDRICHSEN, CITY GLERK p-. ~•a COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO. 1997 14 WHEREAS, the Mayor and Gity Council have been presented with an easement from the City of Blair to S. E. Smith & Sons, Inc. for the purpose of placement of hard surfacing for truck parking on a portion of the 17th Avenue right of way. A copy of said easement is in City of Blair form and on file with the City Clerk, ahd WHEREAS, the City of Blair is in agreement with tY~e terms and conditions of said easement. NQW, THEREFORE, BE I'~ RESOLVED by the Mayor and City Council of the City of Blair that said easement be appzoved by the munic- ipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Blair, any documents that may be necessary for approval of said easement. COUNCILMEMBER Betts MOVED THAT THE RESOLUTION $E ADOPTED AS READ, WHYCH SAID MOTION WAS SECONDED BY COUNGILMEMBER Kroh UPON ROLL GALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILMEMBERS .None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLU~`ION PASSED AND ADOPTED THIS ~~ DAY OF MARCH, 1997. CITY O~'~BLAIR, NEBRASKA B ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL ) ~ ®®~e®ea~~ Bs®,dg e o ,` ~ ~ o eo®®,®,® ®~ ®®.®®o®®®`~®~'.®~®® ,@ .® a4 ~®° CBTY ~F e .~ . d ® e ~. o m ~ ® RPRSI' S ~® ®4° ®®®®®~® ~®e~'® 0960®®®~ o ~`~~ D. ABBOTT, ~sCTING MAYOR `~ . i 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 ,25th day of March, 1997. ALICE I. DIEDRICHSEN, CITY CLERK EASEMENT ~ G ~ J QR 7 This Agreement made this ,~~ day of , by and between the City of Blair, Nebraska, a Municipal orporation, hereinafter referred to as "Grantor", and S. E. Smith & Sons, Inc., hereinafter referred to as "Grantee". In consideration of One Dollar and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a right of way easement on the following described real estate: Beginning at the intersection of the North right of way of Front Street and the Easterly right of way of 17th Avenue;. thence Northwesterly along said Easterly right of way a distance of .175.00 feet; thence Southwesterly at right angles to said Easterly right of way to the existing Easterly concrete curbing ir. 17th P_ver.~,~e; thence Southeasterly along said curbing to the North right of way of Front Street; thence East along said North right of way to the point of beginning, in the City of Blair, Washington County, Nebraska, for the sole purpose of construction of a hard surfaced area to be used for truck parking and unloading, pursuant to the specific plans and drawings attached to this Easement, marked Exhibit "A," and by this reference made a part hereof. No modifications of such design, either at the time of construction or subsequent thereto, shall be made without specif- ic authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole .and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termi- nation which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event .and at such t~.me of .the termination of this easement, the Grantee shall remove any permanent hard surfacing- constructed by then. It is specifically understood and agreed. that the Grantor shall not be liable to the Grantee-for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature flr kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnifica- tion and save harmless shall apply not only to the Grantee but ~.. n ~ STATE OF NEBRASKA COUNTY OF WASHINGTON) SS a. ~ ~ ~ ~ ~ ~ --~°; ENTERED~N~UMERICAL IN AND FILED FOR RECO~D ~ ~ o r' .,.,_. ~ THIS_..~...DAY OF A.D.19 7 ~ g ~ m ~ ~ ~'"''"''~ ~ a ' ~ . AND CORDED IN BOOK AT~0'CLOCIi~ ~ ~' r ' ~F~~~,, , ~~~ a - ~$ AG T ~r = ~ q TT . ~~•:. ~ ~,' ° n~,!' ~ c5~ ~~.~~n~ K COUNTYCLE ~ ~.~ ~ -: rn w ~ :._. _ _ "~rY~ Cr.L Q~rJ___,___-- _ DEPUTY --s ~' .~~ .. .- _ '~ S ~ o shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sus- tained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries,. but shall specifically include but not be .limited to attorney fees and reasonable cost of de- fense of any such claims. Such indemnification and save harmless shall further ,specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any, other municipal property as the result of the construction of said hard surfacing and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recov- ery of such damages. This easement may nct be assigned by .the Grantee and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of .way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION S. E. SMITH & SONS, INC., A NEBRASKA CORPORATION, GRANTEE ~~~~,, /~ '~ MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) By `'~ s duly author. zed officer Before me, the undersigned, a Notary Public in and for said county and state, personally came Michael A. Mines, Mayor of the City of Blair, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this ~2[.~ t~ day of June, 1997. ~~ ~ N ARY PUBL C STATE OF NEBRASKA ) )ss WASIiINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came duly author- ized officer of S. E. Smith & Sons, Inc., a Nebraska corporation, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and seal this ~~~- day of Ju~~ ., 1997. ~~~ ftrCo~,t9~,~ NOT Y PUBLIC ~' t • ` <. ' • . :7nr..+~ +n ~ .r ~ ~ w/t~t .. 1/~ ~ . ~ r ASR i ~- • ~' ' ~ • .~. ~ .. r ~•~r ~ ~_~ ..a ~ i • ~~ _' -~ - . a -. ~, ~. ,. , ~ . a ~~ r~ __. ~ - _ a, ~. <,,, . .w ... ~ ~ ~~ • It ~ r r- ~ • ~ • A r ~ • ~ . r ... r ~ r W • / '7 r ~- .. r va ~y L ~~ f .r O .~ r ~ • C`1t0~ Y .~J COUNCILMEMBER KROS INTRODUCED THE FOLLOWING: -~ RESOLUTION NO. 1997- 15 WHEREAS, the Mayor and Gity Council have been presented with a Lease of Property from Union Pacific Railroad Company ("Union Pacific") for an area North of U.S. Highway 30 and East of the Union Pacific Spur Track for the purpose of developing scenic enhancement. A copy of said lease as prepared by Union Pacific is on file with the City Clerk, and WHEREAS, the City of Blair is in agreement with the terms and conditions of said lease. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair that said lease be approved by the munici- pality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authoarized and directed to execute, on behalf of the City of Blair, said lease with Union Pacific. COUNCILMEMBER ~2YAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BETTS UPON ROLL CALL, COUNCILMEMBERS Betts, Ellis, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE", AND CO~TNCILMEMBERS None VOTING "NAY", ~'HE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADCIPTED THIS 8th DAY OF APRIL, 197. CITY OF BLAIR, NEBRASKA B~ M CH--~L A. MINES, YOR ATTEST: ~~ ~ ~~~ ALICE Y. DIEDRICHSEN, CITY CLERK S'G,g i o e®eeaee®s®,a®®e V @p I • °d ,~' ClIY ~F ® 0 p a .. ~® FIRST eta : ®~' °°•°••®•®® ~~ I9~6 ®®®®~® ®®4o4®®s B ®,~~°Bp~ 69®Ft ~~®® 0 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. AIEDRICHSEN, 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 pf the Mayor and City Ca'ancil of said City held on the 8th day of April, 1997. ALICE L. DIEDRICHSEN, CITY CLERK UNION PACIFIC RAILROAD COMPANY .i. D' UHRICH ASSISTANT VICE PRESIDENT CONTRACTS & REAL ESTATE DEPARTMENT ROOM 11tm, 1416 DODGE STREET OMAHA. NEBRASKA 68179-1100 (402)271-3753 FAX (402) 271-5493 APR ~ 2 1997 271-81 WARREN D WHITAKER CITY OF BLAIR 218 SOUTH 16TH ST BLA1R NE 68008 Dear Mr. Whitaker: - DIRECTOR OF PUBLIC WORKS RE: Lease Covering Use of Railroad Property at Blair, NE 2~ J. A. ANTHONY DIRECTOR-CONTRACTS & JOINT FACILITIES D. D. BROWN DIRECTOR-REAL ESTATE J..L. HAWKINS DIRECTOR-OPERATIONS SUPPORT D. H. LIGHTWINE DIRECTOR-REAL ESTATE W. R. ULRICH DIRECTOR-FACILITY MANAGEMEM Attached for your permanent record is a fully executed original copy.. of the above-referenced Lease. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property yon must contact the Railroad Company at 1-80i1-33Cr9193 to determine if this property contains fiber optic cable. In any event you should thoroughly: review the terms and. conditions of this Lease: In compliance with the Internal Revenue Service's .new policy regarding their Form 1099, this is to advise you that 13-6400825 is UNION PACIFIC RAILROAD COMPANY'S correct Federal Taxpayer Identification Number and,we are doing business as a corporation. Sincerely .yours, Jim Matta Manager - , Estat ~s, r Folder: 271-81 Audit No: ~91,"~~' LEASE OF PROPERTY THIS LEASE. ("Lease") is entered into on the ~~ day of A~ r i I ,.1997 between UNION PACIFIC RAILROAD COMPANY ("Lessor") and CITY OF BLAIR, whose address is 218 South 16th. St., ,Blair, NE 68008 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article I. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises"), at Blair, NE, as shown on the print dated February 3, 1997 marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for a stone "Welcome To Blair" sign, including landscaping,; and purposes incidental thereto, only, and far no other purpose. Article II. TERM. The term of this Lease shall commence on April 1, 1997, and unless sooner terminated as provided in this Lease, shall extend far ane year; and thereafter, shall automatically be extended from year to year. Article III. RENT. A. Lessee shall pay to Lessor, in advance, rent of One Dollars ($1.00) per annum (NOT TO BE BILLED}. B. Not more than once every twelve {12) months, Lessor may redetermine the rent. In the event Lessor does redetermine the rent, Lessor shall-notify Lessee of such change. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. UNION PACIFIC RAII,ROAD COMPANY By: te° ~ Dir or -Real Estate CITY OF BLAIR B. Title: M a y e r Michael A. Mines Note: New Lease IND LS 110695 APPROVED, LAW EXHIBIT B Section 1. II~ROVBbffiNT3. No improvements placed upon the Premises by Lessee shall become a part oS the realty. Section 2. RE38RVATION3 AND RIB OR RIGRT3. A. Lessor reserves to itself, its agents and coatractora, the right to eater the Premises at such times as xill not unreasonably iatertere with Leasea's use of the Premises. 8. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, sad (ii) the right to construct, maiataia and operate sex and existing facilities (including, xithout limitation, trackage, fences, communication facilities, roadxays and utilities) upon, over, across oz under the Premises, and to grant to othnrs such rights, provided that Lessee's use of the Premises is sot interfered rith vareasonably. C. This Lease is made subject to all outstanding rights, xhether or sot of record. Lessor reserves the right to renex such outstanding rights. Section 3. PAYi+D^NT OP RENT. Rest (rhich includes the annual rent and all other amounts to be paid by Lessee under this Lease) shall be paid in festal money of the IInited Staten of America, at such place as shall be designated by the Lessor, and xithout offset or deduction. Section 4. TAXES A. Lessee shall pap, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. It such taxes are paid by Lessor, either separatelp or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in Lull rithin thirty (30) days after rendition o! Lessor's bill. B. It the Premises are specially assessed !or public improvements, the annual rant rill be sutomaticallp increased by 12$ o! the lull assessment amount. Section 5. WATER RIGHTS. This .Lease does sot include sap right to the use of xater under anp rater .right of Lessor, or to establish anp rater rights except in the name of Lessor. Section 6. CARE AND II3E OP PR8MI3E3. A. Lessee shall use reasonable care sad caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any auisanee, permit any caste, or use the Premises in sap rap that creates a hazard to parsons or property. Lessee shall keep the Premises in a sate, neat, clean sad presentable condition, and in good condition sad sepsis. Lessee shall keep the sideralks and public wags oa the Premises, and the ralkxays sppurtenaat to sap railroad spur track(s) on or serving the Premises, free and clear from sap substaaea rhich might create a hazard and all water floc shall be directed axay from the tracks of the Lessor. B. Lessee shall sot permit any sign oa the Premises, except signs relating to Lesaee'e buaiaess. C. It anp improvement oa the Premises sot belonging to Lessor is damaged or destrnyed by fire or other casualty, Lessee shall, xithia thirty (30) days after such casualty, remove all debris resulting therefrom. If bessee !ails to do so, Lessor map remove such debris, sad Lessee agrees to reimburse Lasaor for all expenses incurred rithin thirty (30) days after rendition of Lessor's bill. D. Lessee shall eomplp xith all governmental laxs, ordinances, rules, regulations and orders relating to Lessee's use of the Premises. Section 7. A. Without the prior mitten consent of Lessor, Lessee shall sot use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of say Hazardous Substances, except that Lessee may use (i) smali quantities of eommoa chemicals such as adhesives, lubricants and cleaning fluids is order to conduct busiaass at the Premises and (ii) other Hazardous Substances, other thaw hazardous wastes as detiaed in the Resource Conservation and Recovery Act, 42 II.S.C. SS 6901, gt se$., as amended (•RCRA"), that are aecessarp for the conduct of Lessee's busiaesa at the Premises as specified is Article I. The consent of Lessor may be xithheld by Lessor for any reason rhataoevez, and may ba subject to conditions in addition to those set forth belor. It -Page 1 of 4 ~i\L,AW710M\PAR\K10\FORMS\LNDLEA4E.EX8 IND LS 110695 APPROVED, LAW shall be the sole seapoasibilitp o! Lassaa to determine whether or not a contemplated use of the Premises is a Hazardous 9ubstanee use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring any hazardous raster as detiaed in RCRA onto the Premises, (iii) install or use oa the Premises any underground storage tanks, or (iv) store say Hazardous 9ubstaaces within one hundred test (100') at the canter line of any main track. C. It Leases uses or permits the use of the Premises !or a Hazardous 9ubataaee use, xith or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers sad notices issued by governmental agencies in connection xith such Hazardous Substance use, together xith such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be performed as environmental assessment of the Premises upon tezminatioa o! the Lease and shall furnish Lessor a copy of such report, at Lessee's sole coat and expense. D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in sap manaar to any Hazardous substance use o! the Premlaes (or any property in proximity to the Premises) during the term at this Lease or, it longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use, oz any negligence, misconduct or strict liability of any Indemaitied Party (as defined is Section 12), and including, xithout limitation, (i) any diminution in the value of the Premises and/or any adjacent property o! any of the Indemnified Parties, and (ii) the coat and expense of clean-up, restoration, containment, ramediatioa, decontamination, removal, investigation, monitoring, closure or post-closure. Notxithstanding the toregoiag, Lessee shall not be responsible !or Hazardous substances (i) existing on, is oz under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking ocenpaacp o! the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed oa, in or wader the Premises by sap of the Iademaitied Parties; except where the Hazardous Substance is discovered by, or the contamination is exacezbatad by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee shall have the burden o! proving by a prepoaderaaca of the evidence that say exceptions of the loregoiag to Lessee's responsibility for Haz~lydous Substances applies. 8. Ia addition to the other rights and remedies of Lessor wader this Lease or as map be provided by lax, it Lessor reasonably dstezmiaes that the Premises may have been used during the term of this Leaaa or sap prior lease with Lessee for all or sap portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent thereto, sad that a release or other coatamiaation may have occurred, Lessor may, at its election and at any times during the lile of this Lease or thereafter (i) cause the Premises sad/or say adjacent premises of Lessor to be tested, iavestigaced, or monitored .'or the presence or any Hazardous Substsae®, (ii) e:i:lae say Hazardous substance to be removed from the Premises and any adjacent leads of Lessor, (iii) cause to ba performed any restoration o! the Premises sad any adjaeeat lands of Lessor, sad (iv) cause to be performed any remadiation of, or reapoase to, the environmental condition o! the Premises sad the adjacent lands of Lessor, as Landlord reasonably map deem accessary or desirable, sad the cost and expense thereo! shall be reimbursed by Lesaae to Lessor xithin thirty'(30) days after rendition of Lessor's bill. Ia addition, Lessor map, at its election, require Lessee, at Lessee's sole cost sad expense, to perform such work, in which event, Lessee shall promptly commeaee to perform and thereafter diligently prnsaeute to completion such work, using one or more coatraetora sad a supervising conaultiag engiaaer approved in advance by Lessor. F. For purposes o! this Section 7, the term `Hazardous Substaace• shall moan (i) those substances included xithia the deliaitioas of 'hazardous substance, •pollutaat•, "coat•'•?~~*'t•, or "hazardous wastes, is the Comprehensive 8avironmantal Response, Compensation sad Liability Act of 1980, 42 II.S.C. 43 9601, ~ sec., as amended or is RCRA, the regulations promulgated pursuant to either such Act, or state laws sad regulations similar to or promulgated pursuant to either such Act, (ii) say material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable oz explosive, or (D) radioactive; and (iii) such other svbstaacas, materials and wastes rhich are or become regulated oz classitiad as hazardous or toxic under lederal, state or local law. Section 8. LiT2LIT2E3. A. Lnseee x311 arrange and pay for all utilities sad services supplied to the Premises or to Lessee. B. All utilities and servieea will be separately metered to Lessee. If sot separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. Section 9. ~EN3. Lessee shall not allow say liens to 'attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have tkle right to discharge say such liens at Lessee's expense. Page 2 of 4 a: \ ~W~+\ vntt\ woo\poiws\ LHOCease. era IND L3 110695 APPROVED, LAW Section 10. ALTERATZON3 AND i1~ROV8148NT3: CLBARANCS9. A. No alterations, improvements or iastallatioae map be made on the Pzemiaea without the prior consent of Lessor. Such consent, it given, shall be subject to the needs sad requirements of the Lessor in the pperation of its Railroad sad to such other conditions as Lessor determiaea to impose. Ia all events such consent shall ba coaditioaad upon strict conformance xith all applicable govsrameatal raquiremaats and Lessor's thee-current clearance standards. B. All alteratives, improvements or installations shall be at Lessee's sole coat sad expanse. C. Lessee shall comply with Lessor's thew-currant clearance standards, except (i) where to do so xauld cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises it such improvement or device complied xith Lessor's elearaaea standards at the time of its installation. D. Any actual or implied knowledge of Lessor o! a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply xith such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance. Section 11. AS-IS. Lessee accepts the Pramiaes in its present condition xith all faults, whether patent or latest, and without xarrantiea or eoveaasts, express or implied. Lassen ackaoxledges that Lessor shall have no duty to maintain, repair or improve the Premises. Section 12. BELL A38 AND INDSPII7STY. A. Ae a material part of the consideration !or this Lease, Lessee, to the extent it map laxfully do so, waives and releases nap sad all claims against Lssaor for, sad agrees to indemnity, defend sad hold harmless Lessor, its affiliates, sad its sad their officers, agents and employees (•Indemnified Partiea•) from sad against, nap loss, damage (including, without limitation, punitive or eoasequential damages), injury, liability, claim, demand, cost or expense (including, xithout limitation, attorneys' tees sad court coats), tine or penalty (collectively, •Loss•) incurred by nap person (including, without limitation, Lessor, Lessee, os any employee of Lessor or Lessee) sad arising from or related to (i) nap use o! the Premises by Lessee or nap invitee or licensee of Lessee, iii) nap act or omission of Lessee, its officers, agents, employees, licensees or invitees, or till) nay breach o! this Lease by Lessee. B. The toregoiag release sad indemnity shall apple regardless of nay negligence, misconduct or strict liability of nay Iademaifiad Party, except that the indemnity, only, shall not apply to any Loss caused by the sole, active sad direct aegligeace o! nap Indemnified Party it the Loss (i) was not occasioned by Lire or other casualty, or (ii) xas not occasioned by rater, including, xithout limitation, rater damage due to the position, location, construction or coalition of nap structures or other improvements or facilities of any Indemnified Party. C. Sphere applicable to the Loss, the liability provisions of any contract between Lessor sad Lessee covering the carriage of shipments or trackage serving the Premises shall govern flee Loae sad shall supersede the provisions of this Saetioa 12. D. No provision of this Lease with respect to insurance shall .limit the extant of the release and indemnity provisions of this Section 12. Section 13. B~RN~NATIQN. A. Lessor may terminate this Lease by giving Lessee notice o! termination, if .Lessee (i) !ails to pap rent within fifteen (15) daps alter the due date, or (ii) defaults wader any other obligation of Lessee wader this Lease sad, after written notice is given by Lessor to Lessee specifying the delault, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) daps after the default notice is given. B. Notwithstanding the term of this Lease set lorth is Article IZ.A., Lessor or Lessee map terminate this Lease without cause upon thirty (30) days' notice to the other psrtp; provided, however, that at Lessor's election, ao such termination by Lessee shall be eflsctive unless and until Lessee has vacated and restored the Premises as required in Section i5A), at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid is advance. Section 14. LBSSOR'9~RE1~DI83. Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, sad relst the Premises on behalf of Lessee, collect and receive the seat lrom zelettiag, sad charge Lessee for the cost at rslettiag, sad/or (b) terminate this Lease as Page 3 of 4 C a \LASiAOM\PAR\1LT0\FORbL4\ SIYpLEASE . EXB IND LS 110695 `~ APPROVED, LAW provided in Section 13 A) above and sue Lessee !or 8amagea, and/os (c) exercise such other remedies as Lessor may have at law or is equity. Lessor may eater and take possession o! the Psemisea by sel!- help, by changing locks, i! necessary, and may lock out Lessee, all without being liable !or damages. Section 25. VACATION OF PREMISES: REMOVAL OF LE33E8'3 PROPERTY. A. IIpoa termination howsoever of this Lease, Lassse (i) shall have peaceable and quietly vacated sad surrendered possession o! the Premises to Lessos, without Lessor giving nay notice to quit or demand !or possession, sad (ii) shall have removed from the Premises all structures, property sad other materials not belonging to Lessor, and restored the surlaee o! the ground to as good a condition as the same was is before such structures were erected, including, without limitation, the removal o! louadatioas, the filling in of excavations sad pits, sad the removal of debris sad rubbish. 8. It Lessee has not completed such removal sad restoration within thirty (30) days alter termination of this Lease, Lessor may, at its election, and at nap time or times, (i) perform the work and Lessee shall reimburse Lessor tot the cost thereo! within thirty (30) days alter bill is rendered, (ii) take title to all or nay portion o! such structures or property by giving notice o! such election to Lessee, sad/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed. Section 16. FIBER OPTICS. Lessee shall telephone Lessor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried on the Premiaea. if cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange !or a cable locator, sad make arrangements !or relocation or other protection o! the cable. Notwithataading compliance by Lessee with this Section 16, the release sad indemnity provisions o! Section i2 above shall apple lolly to nay damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice, consent or approval to be given wader this Lease shall be in writing, sad personally salved, sent by reputable courier easviea, or seat by certified mail, postage prepaid, return receipt requested, to Lessor at: Contracts 4 Real Batate Department, Room 1100, 1416 Dodge Street, Omaha, Nebraska 6@179; and to Lessee at the above address, or such other address as a party map designate in notice given to the other pasty. Mailed notices shall be deemed served live (5) days altos deposit in the II.3. Mail. .Notices which are personally served or sent by courier service shall be deemed served upon seceipt. Section 16. A332GNMENT. A. Lanese shall not sublease the Premises, in whole or in past, or assign, encumber or transfer (by operation of law or otherxisa) this Lease, without the prior consent o! Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent sball be void sad shall be a default by Lessee. B. •SUbjeet to this Section le, this Lease shall be binding upon sad inure to the benefit of the parties hereto sad their respective heirs, executors, administrators, successors sad assigns. Section 19. CONDEMNATION. It, as reasonably determined by Lessor, the Premises eaaaot be used by Lessee because o! a condemnation or sale in lieu o! condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds !or nap total or partial condemnation or sale is lieu thereof, including, without limitation, nay award or proceeds !or the value o! the leasehold estate created by this Lease. Notxithstandiag the foregoing, Lessee shall have the right to pursue recovery !mm the condemning authority o! such eompaasatioa as map be separately awarded to Lessee foe Lessee's relocation expenses, the taking o! Leasee•s personal property and lixturea, and the iaterruptioa o! os damage to Lessee' business. Section 20. ATTORNEY'S PEES. I! either gamy retains as attorney to enforce this Lease (including, without limitation, the indemnity provisions of tlsis Lease), the prevailing party fa entitled to secovez reasonable attorney's fees. Section 21. ENTIRE AGREEMENT. Thies Lease is the satire agreement bettreen the parties, sad sugersedea all other oral or written agreements between the parties pestafaiag to this traasaetioa. Except !or the vailateral sedatsrmiaatioa of annual rent as provided is Article III., this Lease map be amended only by a written inatrumaat signed by Lessor and Lessaa. Page 4 of 4 6i\LAWADM\PAR\KJO\FORMS\INDLEA4E.EX8 1~ ""'" p ~ ~, .. G . ~ ` ~ "~ ti. ~ ~L ~~ ~ ~ ' . ~ ~~ i'~ ` ~ /r ` ~ ~ ~i , . ~ i~ _ ~ }~, r f ft • ~ + iN°~'•~{ii{'elf. o ~ '~.. ~r~ ~` c- rI ' •~ .,r..w..a.~,....... 11 ~. _...~,..~.w. ......, , ,•-L,~ .• yrp'0~,. t t~1+ •' Z ~ •~ r ...• .1.,...._ ~ ... t i ~ j 1 O Z ~ • .~ .. COUNTY _.._. r.~..~ -~--.- ~ .. -+, ~ ,..- ~ r.. ;:•• \ „- ~ " ~ ~ • • . ~ :i t~ t ~, ~ ~ ~ ~ ~ ~- ,~,, ~ *} ~,,, ~ ~ a~ ~ ~ ~ ~ °, ~ 1 T s i .~ .: v^ ~ - J 1 ~ .. .. ._ ~7_ ; ~ ,• ` era , N '~ ~ ~'' f ('~ ~^ ;o a ~3 z ~ ~~., , *+^~r•c~ .Yx f i ~c~ryA+~ rt, • ~ ~1w st aye cc+~ N gyp= yi --I p~ r~ . ~ ~ + ~L.,,.d..w, % ~`"°b ~ tc aio,,~~ '' •a (j ~ o m oc7~5 ltd x A -c ~ ~ ~.i 1 ~. .•..i. ~ ~ "~' '^..--- ~ ' -i + - 'i DrnD • c~ --~ moo •, / _ j ~ .'{`" ~ ---~- ~+...:. •. ~. N ~ _ ,,,,~,1„_,-.... ~ . N O v ~Z ® D p sL ~+~ /~~ .. f ~ ~. ~, y ,~ !• ~} i" ; 'i~ , ..1,~ ~,. ~ r ~ ~ \ m p ~ n Z ~- ~ ti 1 m -o ~ ~ ~ ~~ ®o ~ :.. `-w. ~ X11+ !•, m ~_ ~. - .. ~ to m OR1Y~11b~~,gi'~5 $3f Rti~ ~ ' ~ ~ • ' {, ~• - ~, 1 - ~ RESOLUTION'NO. 1997- 16 COUNCILMEMBER ELLIS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR AS FOLLOWS: SECTION 1. The Mayor and', Council hereby find and determine that it is necessary and advisable that the City, under the authority granted by Sections 18-2001 to 18-2004, inclusive., R.R.S. Nebr. 1943, as amended, cause the following unpaved street within the city to be improved by grading, curbing, guttering, and paving together with necessary appurtenances, to~wit: 25th Street, from the existing concrete paving in Washington Street, North to the existing concrete paving at Highway No. 91, said street to be known as Gap Paving Project No. 171. SECTION 2. It is found and determined that the above described unpaved street to be improved in Gap Paving Project No. 167 shall meet on the the following criteria: (a) the portion of said street to be improved does not. exceed two blocks including intersecions, or 1,325 feet, whichever is lesser, that said street is otherwise paved and with the paving will be one contin- uous paved street, or (b) intersects a paved street for a distance of not to exceed on block on either side of such paved street. SECTION 3. The cost of such improvements, excepting street intersections, shall be assessed against the property benefited by said projects in proportion to such benefits in accordance with Secion 18-2003 R.R.S. Neb.,-1943, as amended. ~" = - .~ COUNCILMEMBER Ellis MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts UPON ROLL, CALL, COUNCILMEMBERS -- VOTING "AYE", .AND COUNCILMEMBER$ Ryan VOTING t'N,AY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ~AQ~ THIS 8th DAY OF APRIL, 1997. ~ es~s CI1~ ~ +`~ s si m ~AT~E$~3T CLASS e °s i Y~ w+ A®,~ °'.® 1961 ®„®` a®® CI~'Y OF BLAIR, NEBRASKA BY ~ CHA ~~~ , AYOR 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 Gity Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at ~ regular meeting pf the Mayor and City Council of said City held on the 8th day of April, 1997. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1997- 17 COUNCiLMEMBER ARRnrr INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Burt County Sheriff, Dodge County Sheriff, Washington County Sheriff, Blair Police Department, Fremont Police Department, and Hooper/Scribner Police Department, desire to enter into a cooperative law enforcement effort; and, WHEREAS, the above agencies intend to submit a grant request known as the III Counties Organized Response Partnership Services (III CORPS); and, WHEREAS, the City of Blair supports the III CORPS project to be partially funded by the Nebraska Crime Commission; and, WHEREAS, the various agencies desire to make the most effi- cient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best-with geographic, economic, population and other factors; and, WHEREAS, an interlocal agreement, consistent with Nebraska Revised Statutes 13-801 through 13-827, would be in the best interest of all participating agencies; and, WHEREAS, the. agencies desire to enter in a written interlo- cal agreement for the purpose of carrying out the III CORPS objectives and grant requirements of the Nebraska Crime Commis- sion. .. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR THAT: The City of Blair hereby expresses its intent to partially fund and to enter into an interlocal agreement subject to final approval of its terms and conditions, with the above agencies for joint and cooperative action pursuant to the provisions of Sec- tion 13-801 through 13-827. The interlocal agreement shall be for the strict administration of the III CORPS project and all funds allocated by the Nebraska Crime Commission. Further, this interlocal agreement shall not establish a separate legal entity, rather as a joint and cooperative undertaking between the public agencies known as: Burt County Sheriff, Dodge County Sheriff, Washington County Sheriff, Blair Police Department, Fremont Police Department and Hooper/Scribner Police Department. ' COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Fllic UPON ROLL CALL, COUNCILMEMBERS Ahhntt R, Pttc, Flli¢, Krnc, Realph, Reeh, Ryan and Shotwell VOTING "AYE", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22nd DAY OF APRIL, 1997. CITY OF BLAIR, NEBRASKA M CHAE A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL Odd®-~gyym~ ® ~ id' _ ~®®®® C8`PY®F ®~ o a EF~s~ ~~ss a sa ~n`"e~ 161 ~~9 Q, ,:~~ ®~. , o ~~. `'~,. f~~~ ~-. ' `" G~~ ono°`~° e ~~„~D ~~ ~. 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 22nd day of April, 1997. ~~~~ ~~ ` ALICE I. DIEDRICHSEN, CITY CLERK P A ~ t RESOLUTION N0. 1997-18 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Developer's Agreement in the standard form acceptable between the City of Blair and Dana College, for the creation of sewer, water, and street improvement districts for Korsho3 Estates, an addition to the City of Blair, Washington County, Nebraska is on file with the City Clerk; and, WHEREAS, the terms and conditions of the agreement 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 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 Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ELLIS. UPON ROLL CALL, COUNCILMEMBERS Abbott,~Betts, Ellis, Realph, Reeh and Ryan VOTING AYE, AND COUNCILMEMBERS NONE VOTING NAY, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MAY, 1997. CITY OF BLAIR, NEBRASKA Y ichael A. Mines, Mayor ATnTE/~ S T : /~~ ,~'~~;~;~~'sl~iedrichsen, City Clerk •• ~+e~ ~i-,, (5.~ ' s~AL :-~b ~~,~ «~ •• •` 1 ~ STATE OF NE~3RASKA ) )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 13th- day of May, 1397. ALICE I. DIEDRICHSEN, CITY CLERK DEVELOPER'S AGREEMENT This agreement made this 13th day of May, 1997., by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Dana College, hereinafter referred to as "Developer." WHEREAS, Developer propose to develop the real estate legal- ly described as follows: Lots 1 through 18 inclusive, in Rorshoj Estates subdivision to the City of Blair, Washington County,. Nebraska. WHEREAS, Developer~~ias requested Blair form improvement or extension districts for streets, water, and sewer services to the subdivision and is 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 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 ehtered 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, 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 ~:ity 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, 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 the 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 ~ 4 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 remises 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. 8. Blair has agreed to do earth moving and grading pursuant to a grading plan which has been approved by both parties hereto. In exchange for Blair performing such work, Blair shall be enti- tled to remove dirt from the development pursuant to said grading plan without payment therefore to the Developer. .The Developer agrees to reimburse Blair for work and services which will be performed by Blair pursuant to the grading plan which is in addition to the actual removal of .dirt from the site. Such reimbursement shall be for the items listed on "Exhibit A" at- tached hereto and by this reference made a part hereof. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. ATTEST: Alice I. Diedrichsen, City Clerk City of Blair, Nebraska B . ae A. Mines, Mayor ATTEST: i r _, u ~ _ ;~ _° _ _ ,ti 1~ ~~ Lienholder Dana College EXHIBIT ~ The following items from Bid Schedule are the responsibility of Dana College: Item 1 Clearing and Grubbing (Lots 1-18 and Right of Way) Item 3 Remove Existing Shed Item 4 Remove Existing Garage and Concrete Slab Item b Remove Existing Fountain Item 7 Remove Existing Fence and Fence Posts Item 8 Remove Existing Brick Planters and Shrubs Item 9 Remove Brick and Concrete Patio Item 10 Remove wood and chain link trellis Item 16 Seeding (Lots I-18) < <,~ RESOLUTION NO. 1997- _19 COUNCILMEMBER BROTT INTRODUCED THE FOLLOWING 'SOLUTION: WHEREAS, a Developer's Agreement in the standard form ac- ceptable between the Gity of Blair and JCM Investments, Inc., a Nebraska Corporation, for the creation of sewer, water, and street improvement districts for Deerfield and Deerfield .First Additions to the City of Blair, Washington County, Nebraska, is on fill with the City Clerk; and, WHEREAS, the terms and conditions of the agreement are ac- ceptable to the City of Blai~^. NOW, THEREFORE, BE IT RESOLVED BX 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. COUNCTLMEMBER .Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MO'T'ION WAS SECONDED BY COUNCILMEI+~BER ~botis UPON ROLL CALL, COUNCILMEMBERS Abbott. Bete, Ellis, Reeh, and Ryas VOtPCI Q~/P ,$Palnh ah~-aina~ AND COUNCILMEMBERS .None VOTING "NAY",. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF May, 1997. CITY OF BLAIR, NEBRASKA BY~% ~ ~-~ ~TCHAaL A. MINES, YOR vrt~ ~ ' , ATTE5T: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ass WASHINGTON COUNTY ) ®®®e®e®~ ®~i®®~® ®® ~ p o°m '°~ ®•s '~i CI'PY ®F °. ~'~ © • FiR~Y CLASS®®: ®®®' °o 3~ °~~ . 1961Qa?®ee w®o ALICE I. DIEDRICHSEN, hereby certified that she is the duly appointed, qualified, and acting pity Clerk of the City of Blair, Nebraska, and that- the above and foregoing Resolution tdras duly passed and adopted at a regular meeting of the Mayor and City Councfl of said City held on the 1~ day of May, 1997. DEVELOPER'S AGREEMENT This agreement made this ~~ day of May, 1997, by and between the City of Blair, Nebraska, hereinafter referred to as "City" and JCM Investments, inc., a Nebraska corporation, hereinafter referred to as the "Developer". WHEREAS, Developer proposes to develop part of Tax Lots 10, 12, 57, 91 and 95, all located in the South'/Z of Section 2, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska (the "Property"), and have submitted a preliminary plat to the Planning Commission and a final plat of Deerfield Addition to the Planning Commission and City Council of the City of Blair, Nebraska; and, WHEREAS, Developers have requested Blair form improvement or extension districts for streets, water, and sewer services to the subdivision and are willing to participate in and fund a portion of the cost of said improvement without same being assessed against the real estate within such subdivision; and, WHEREAS, Fret Igw+~ 1C ("Lending Institution") may have or claim an interest in said real estate and agree their interest shall be junior and inferior to Blair's assessments against said real estate for the construction of such improvements. NOW, THEREFORE, in consideration of the mutual covenants and benefits to each party as set forthherein, it is agreed as follows`. 1. Developer shall file with Blair its petition for the creation of said improvement districts. Pursuant to the applicable 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 Deerfield Addition according to the terms of this agreement. 2. All improvements and construction under said districts shall be made pursuant to the specifications of Blair. All contracts for such improvements shall be entered into by Blair and according to the terms and conditions approved by Blair. 3. Developer hereby agrees to pay twenty percent (20%) of all construction costs attributed to such districts, except for the general obligation portion described in paragraph no. 5 hereof. Upon the execution of the contracts for the construction of such improvements, 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 except for the general obligation portion described in paragraph no. 5 hereof under the stipulation said deposit may be used by Blair for payment of the Developer's share of 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, less the general obligation portion of such cost described in paragraph no. 5 hereof. 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 construction cost, Developer shall within fifteen (15) days following notification by the City of such deficiency remit same to the City to Blair: The remaining 80 percent of the actual construction cost shall be paid by the City of Blair to the contractors. 5. Forty percent {40%) of the actual construction cost of the improvements to and within Highway 75 required by the Nebraska Department of Roads, including the highway widening and deceleration lanes (the "Highway 75 Improvements"), shall be specially assessed against the lots in Deerfield based upon an allocation to be completed by the project's engineer, Lamp, Rynearson & Associates, and approved by the City of Blair and the Developer, and sixty percent {60%) of the actual construction cost for the Highway 75 Improvements shall be a general obligation of the City of Blair. The actual construction cost of those portions of the intersections, paving and storm sewer shown on Exhibit "A" attached hereto, shall be a general obligation of the City of Blair and shall not be specially assessed against the Property. 6. The City of Blair shall specially assess the special assessment portion of the actual construction costs, after credit for such twenty percent (20%} amount paid by the Developer, against the Property specially benefitted based upon an allocation of special benefits from the improvements completed by the project's engineer, Lamp, Rynearson & Associates, and approved by the City of Blair and the Developer. The City of Blair shall levy such special assessments within 120 days from the date that the engineer certifies the completion of the improvements being installed under the improvement districts. The procedure for levying the special assessments shall be that set forth in the City of Blair Municipal Code: The term "actual construction cost" shall include the engineering costs that relate to the improvement. 7. It is further agreed by all parties hereto, including the Developer and other persons, including but not limited to the Lending Institution who may have or claim an interest in or an encumbrance or lien upon the above described real estate, that said special assessments shall be a first lien on the real estate for such construction and improvements, subject only to general real estate taxes levied and assessed against said premises and that all other interests, encumbrances, or liens on the premises of any parties to this agreement shall be junior and inferior to the assessments of Blair against the premises. 8. 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. 9. Developer hereby agrees that it will maintain all of the assessments made against. the above described real estate which it owns pursuant to the terms of this agreement in a current status and that it will not allow same to become delinquent. 10. The Blair City Council as of the date of this agreement has approved the final plat for Deerfield consisting of Lots 1 through 83, Deerfield ("Deerfield"} and the final plat for Deerfield First Addition consisting of Lots 84 through 189, aid Outlot 1, Deerfield First Addition {"Deerfield First Addition"). Pursuant to this agreement, Blair shall create separate improvement districts for the installation of the public improvements described herein for Deerfield and Deerfield First Addition. The installation of the public improvements pursuant to the improvement districts -for Deerfield shall commence upon the execution of this agreement and. it is .anticipated such improvements shall be completed by December 31, 1997. 11. The installation of the public improvements within Deerfield First Addition shall commence upon fulfillment of one of the following conditions: (a) Approval by the Blair City Council upon application for the installation of all or a portion of such improvements by the Developer. pursuant to Blair's standard development practices, or (b) Application for all or a portion of such improvements by the Developer, or its successors and assigns, .and (i) Fifty percent of the single family lots in Deerfield sold and transferred to third parties, excluding any affiliates, subsidiaries or other entities owned or controlled by the Developer, and (ii) The payment by the Developer of twenty percent (20%) of the estimated construction cost for the improvements to Deerfield First Addition, or the applicable part thereof, except for the city standard general obligation portion, and the Developer agreeing to install such improvements pursuant to this agreement, and (iii) Fifty percent of the total original principal of the special assessments for Deerfield being paid, and (iv) The Developer not being in default under any of the terms of this agreement, or (c) The Developer may at any time install the subdivision improvements for all or a part of Deerfield First. Addition pursuant to the City of Blair building standards at its own expense. Upon one of the conditions set forth in i 1(a) or 11(b) above being fulfilled, Blair shall then instruct the engineers appointed by Blair to represent the subdivision to commence preparing the plans, specifications, bid documents, and contracts for the installation of the public improvements by the improvement districts for Deerfield First Addition and commence the public bidding process, obtain bids, award the contracts and commence and complete the installation of the public improvements to be installed $y the improvement districts. In the event one or more of the conditions set forth in paragraph 11 have not occurred within four years from the date of the recording of the final plat for the Deerfield subdivision, then Blair shall have the option to extend the time for installing the public improvements for Deerfield First Addition, to install such public improvements or to vacate the final plat of Deerfield First Addition. In the event Blair installs the improvements pursuant to paragraph ,~~;'. ' ~ 11(a), then the payment for the costs of the public .improvements for Deerfield First Addition shall be completed and assessed pursuant o this Agreement. 12. The Developer agrees to convey to the City Outlot No. 1, DeerfieldFirst Addition,. for no additional consideration and sub1ect to all existing. easements, and in its existing condition. The Developer agrees to insert the following language in its Restrictive Covenants recorded against the Property: Outlot 1, Deerfield First Addition, has .been conveyed to the ,City, however, the City has no obligation to improve and maintain such property as park ground, unless the City should otherwise agree to do so by the appropriate resolution or ordinance. 13 . This Agreement shall be binding upon and inure the .benefit of the Developer and Blair and to their respective successors, representatives and assigns. IN WITNESS. WHEREOF, the parties have executed this agreement on the date and year first above written. CITY OF BLAIR, NEBRASKA, B . Its~~~~~ ~ h a e 1. A Mine s WITNESS: ,. City Clerk, Alice I. Diedrichsen JCM INVESTT~~NT, INC., a Nebraska corporation cr -'`~,~ By: ~ ~~,.1 ~~- WITNESS: /~~ a LENDING INSTITUTION t F:tAGREES~DEVELOPAGR RESOLUTION NO. 1997- 20 COUNCILMEM$ER ARR(lTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 10-1304 authorizes Mayor and City Council to establi$h registration fee for master electrician's licenses, electrical contractor's licenses, journeyman electrician's li- censes, and apprentice electrician's licenses. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Bldir, Nebraska that the registration fee for master electrician's licenses and electrical contractor's licens-' es is hereby set and established at $25.00 per year and that the registration fee for journeyman electrician's licenses, appren- tice electrician's licenses, and fire alarm%security systems licenses are hereby set and established at $10.00 per year. COUNCILMEMBER El~it MOVED THAT THE RESOLUTION BE ADOP'T`ED AS READ, WHICH SAID MOTION WAS SECONDED BY CQUNCILMEMBER Realnh UPON Rt1LL CALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILMENBERS _ none VOTING "NAY", THE NAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF MAY, 1997. CITY OF BLAIR, NEBRASKA By iCHAEL A. MINES, MAYOR RESOLUTION NO. 1997-_21 _ COUNCILMEMBER RESOLUTION: K R O S INTRODUCED THE FOLLOWING .WHEREAS, pursuant to Neb. Rev. Stat. 16-1014 and the terms and provisions of the Plan for the City of Blair Police Officers Retirement System Fund, the City Council for the City of Blair is responsible for the general administration of such retirement systems. WHEREAS, the City Council has determined that Larry G. Sanchez has become permanently and totally disabled from accident or other cause while in the line of duty and that such police officer because of such disability is unable to resume the duties he was performing at the time of the injury. NOW THEREFORE, BE IT FURTHER RESOLVED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that Larry G. Sanchez is determined, at this time; to be permanently and totally disabled, from accident or other cause while in the line of duty, and such police officer because of such disability is unable to resume the duties he was performing at the time of the injury and furthermore, hereby authorizes the administration of his disability benefits pursuant to Neb. Rev. Stat. 16-1001, et. seq. and the terms of the Plan for the City of Blair Police Officers Retirement System Fund. COUNCILMEMBER R v a n MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ellis .UPON ROLL CALL, COUNCILMEMBERS Betts, F11 i s r Kris ~. RPal~h_,~.~an, ~pah ~~{ $hOtWel l VOTING "AYE," AND COUNCILMEMBERS Non e VOTING "NAY," THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF June , 1997. CITY OF BLAIR, NEBRASKA B MICHAEL A. MINES, MA OR ATTEST: DATE 6-11-97 ~~~ ~~ ~ 0~~ec~~~~~ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ®F +' GItY tiF ~ # SEAL ~ ~rR~r a.~ass •° ; >r,~ ~ • M STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the ~dayof June , 1997. C'~ ~~~~~ A~.~~ ALICE I. DIEDRICHSEN, CITY CLERK Page 2 r-- ~ RESOLUTION NO. 1997- 2 2 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement in the standard form acceptable between the City of Blair and Calvin Negus, for the purchase and sale of certain real estate is on file with the City Clerk; and, WHEREAS, the terms and conditions of the agreement 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 the Purchase 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 K r o s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts UPON ROLE CALL, COUNCILMEMBERS Betts, Ellis, Kros, Rea1Rh, Reeh, Rvan and Shotwell VOTING "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF J U N E 1997. CITY OF BLAIR B MICHAEL A. MINES, MA OR ATTEST: ALICE I. DIEDRICH ~:SEN, CITY CLERK (SEAL) 9 \~ ~ AO® ®® °® ,_' ;' CITY ®F 'e ', °, FIRST CLASS ~ ° STATE OF NEBRASKA ) ) :SS: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 10th day of June , 1997. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1997 - __?.~____, COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska and the State of Nebraska Department of Roads on or about October 31, 1995, providing for the construction of Project No. NH-BH-30-7(110), and Supplemental Agreement No. 1 thereto, and, WHEREAS, it now is necessary that said agreement be further supplemented to provide for the relinquishment of the City of Blair's STP allocation balance to the State of Nebraska to be credited against the City of Blair's share of the project cost. WHEREAS, Supplemental Agreement No. 2 between the City of Blair and the State of Nebraska Department of Roads for the improvement of Highway U.S. 30 in Blair, Nebraska, designated Project No. NH-BH-30-7(110) 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 that Supplemental Agreement No. 2 between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Supplemental Agreement No. 2 on behalf of the municipality. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan .UPON ROLL CALL, COUNCILMEMBERS ,~~ „+~ -1- 0 c~. B ~t t s, K r o s ,. i2 a a~i n h LtY,~.tL, S h o :w e 17 VOT`INCr "AYE" AND COUNCILMEMBERS N o n P - VOTING "NAY", THE MAYOR DECI.AREI~ THE FOREGOING RESOLUTION PASSED AND APPROVED THIS. 8th :DAY OF J u ] y ,1997: CTTY:OF BLAIR,: NEBRASKA r B~ yid" T /~iC~,~" MICHAEL A.1~~INES, MAYOR ATTEST: ALICE i. DIEDRICHSEN, CITY CLERK ~.•°~ G.""'~•b•~p~•~ ,• _t~'IY~ ~• s SEAL} ~~`~ #~~i.[3.e.a ~,~~ a* F(I'~T C1J~ 8eir QO STATE OF NEBRASKA. }. p~®''°+eel~~ '~~'~~P~;,.,®°°® o`g®e p~Ra~~'0®s :SS: wA.SHINGTON 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 and adopted at a regular meeting of the May©r and City Council of saki City, ,held on the_ - `ii..~_:: day of _s ~, ~ ~ ,1997. ~~,'r.,~'~-- ~~. -2- RESOLUTION NO. 1997-~ COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCII. OF THE CITY OF BLA]R, NEBRASKA that the following dedicated street rights of way shall be named as set forth below: A. The dedicated street right of way beginning at: On the 1/4 1/4 line North of the South line of Section 6-18-12, from the North-South 1/41ine of Section 6, East to the Easterly Municipal limits is hereby named Dixon Road B. The dedicated street right of way beginning at: On the North-South 1/41ine of Section 6-18-12 and 7-18-12 from the 1/4 1/41ine North of the South line of Section 6, South to the Southeast corner of Tax Lot 151 in Section 7-18-12; thence Southeasterly in the existing County Road Right of Way to Fairview Drive is hereby named East 4`" Street. C. The dedicated street right of way beginning at: In the existing road Right of Way from the intersection of East Fifth Street and Fairview Drive, Southerly and Southeasterly to the 1/4 1/4 line south of the North line of Section 7-18-12; thence Easterly in the existing dedicated road Right of Way to the East end of said dedicated Right of Way is hereby named Marina D r i v e D. The dedicated street right of way beginning at: In the existing County Road Right of Way on the line common to Sections 7-18-12 and 18-18-12, from Third Avenue, East to the North-South centerline of Sections 7 and 18 is hereby named Sheridan Street E. The dedicated street right of way beginning at: l:n the existing dedicated road Right of Way South of Highway 30, from a point 220 feet East of the 114 1/41ine West of the East line of Section 7-18-12, Easterly to the Easterly limits of said dedicated Right of Way is hereby named K ~ 1TR~.a n D r i v e -1- COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan .UPON ROLL CALL, COUNCILMEMBERS Abbot t R P t t c K r n c gp a i n n R v a~_,~p e h a n d c hP,., +.o.e.;, VOTING "AYE" AND COUNCILMEMBERS N n n a VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8th DAY OF ~ u ~ Y , 1997. CITY OF BLAIR, NEBRASKA B C L A. MINES, MAYOR ATTEST: CITY CLERK L'tOtL} ® e ~a ~ e# a ®o F9RS'T C&.~SS ~ m S~~T~~F BS ,~ ) WASHIl~f°OT'O~~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 8th day of July , 1997. ~/ . ALICE I. DIEDRICHSEN, CITY CLERK. -2- A 4- RESOLUTION NO. 1997-~ COUNCII.MEMBER RYAN INTRODUCED. THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant program; and ViJF~REAS, the City of Blair, Nebraska, has obtained its citizen's comments on conununity development and housing needs, and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $485,000 for purchase of equipment; and, NOW THEREFORE, BE IT FURTHER RESOLVED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and Ciry Clerk are hereby authorized and directed to proceed with the formulation of any and all contracts, forms, documents, instruments, or other memoranda between the City of Blair, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCII.MEMBER R e e h MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAIL? MOTION WAS SECONDED BY COUNCILILI~MBER R P t t e .UPON ROLL CALL, COUNCII.IMEMBERS Ahhntt~ Rc~~c F'1~i5, Kr,,,nS,~,,,.Realnhy Ranh and Rvan VOTING ccAYE'~, AND COUNCII.MEMBER$ N n n a VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 ~ n :a DAY OF J u.lT-: 1997. MAYOR Michael A. Mines DATE July 31 ~ ~ ~ ~ ATTEST: ALICE I. DIEDRICHSEN, CMC CITY CLERK ®®®®~am~°°®~ °~ ago®o®~ (SEAL) Q`®a®® ~~'~ ®®®®~®a,®~®~ ~~d~~ ®° CITY CF FfR~T ®~ e °~,o~®®®® ®`~~ ®a ®~6 ®0b®~®~a@®~~om ~' STATE ©F 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 2 2nd day of ~ u 1 ~ , 1997. ALICE I. DIEDRICHESEN, CITY CLERK -2- RESOLUTION 1997 - 2 6 COUNCILMEMEBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: SECTION 1: The Mayor and City Council of Blair, Nebraska, hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of Blair, Nebraska have received bids for Water Extension District No. 35 and that of such bids, the bid of Friksen Construction, Blair, Ne in the amount of $ ~ a ti ~ F n n is the lowest and best bid received and that said bid is hereby accepted and approved. SECTION 2: The Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's attorney. COUNCILMEMBER Abbott 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, Reeh and Ryan VOTING "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 2nd DAY OF July , 1997. CITY OF BLAIl2, NEBRASKA r BY CHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) o•~°®°°" ®. t3F ®o®, ~®~~eeeaa m° ® CiO~ ®~ i ~, ~ m e a ® ~• -1- ®~ ® SEAL ° m FPRST CUSS ®* o °®® oe ®® '~00~®4 C"ppQ/mpo® 196 ®pem®~®, e~®®®® A®S" A.;' t~A y'9Bg~ ~~pB®~~0 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 ~ 2 ~ d day of July , 1997. pp < ALICE I. DIEDRICHESEN, CITY CLERK -2- RESOLUTION 1997 - 2 7 COUNCILMEMEBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: SECTION 1: The Mayor and City Council of Blair, Nebraska, hereby find and determine that pursuant to advertised public bidding as required bylaw, the Mayor and City Council of Blair, Nebraska have received bids for Sanitary Sewer Extension District No. 54 and that of such bids, the bid of Eriksen Construction, Rlair, Ne mthe amount of $ 3 5 , 9 0 2.5 0 is the lowest and best bid received and that said bid is hereby accepted and approved. SECTION 2: The Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's attorney. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts .UPON ROLL CALL, COUNCILMEMBERS Abbott_ Betts; Fllis, Kros~ a1Th, Reeh and RT~n VOTING "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 2nd DAY OF J u l ~ , 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: P ALICE I. DIEDRICHSEN, CITY CLERK ®~®g0®p 88p8~®Pg®g®~~ .~ O (SEAL) o,,`O G. ®®o®®oae®®~®A ®®m~ p /~' O `.°` ~: CDTY of ®®® "® m o .~ ®# -1- '~` '® FIRST CLASS .° ®® 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 22nd day of ~~~y , 1997. ALICE I. DIEDRICHESEN, CITY CLERK -2- RESOLUTION 1997 - 2 8 COUNCILMEMEBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: SECTION 1: The Mayor and City Council of Blair, Nebraska, hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of Blair, Nebraska have received bids for Paving District No.172 and that of such bids, the bid of Luxa COnStrLGtlOn y Blair, Nebraska in the amount of ~ ~ n h _ 5 h ~ _ n n is the lowest and best bid received and that said bid is hereby accepted and approved. SECTION 2: The Mayor and City Clerk of the City of Blair, Nebraska are, hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's attorney. COUNCILMEMBER Betts MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott .UPON ROLL CALL, COUNCII,MEMBERS Abbott, Betts, Ellis, Kros, Realph~ Reeh and Ryan VOTING "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 2nd DAY OF July , 1997. CITY OF BLAIR, NEBRASKA BY MIC L A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK 4F ®° CITY~IF °e r • 'a =~ SE~Ia ~~ -1- e; FsRSr puss ®~ , o®~®~® ®®~~ 196 ®~~®~ ~~e,®o. r STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 2 2nd day of ,~ „ ~ ~ , 1997. ALICE I. DIEDRICHESEN, CITY CLERK -2- RESOLUTION 1997 - ~ g COUNCIL MEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Interlocal Agreement between the City of Blair, Nebraska and Washington County, Nebraska for the prosecution of misdemeanor criminal offenses and traffic law violations occurring in the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that maybe necessary for approval of said Agreement. COUNCIL MEMBER R v a n MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER _ Abbott .UPON ROLL CALL, COUNCIL, MEMBERS __ g h h n t t, R P t+~ F 7 ~i s ,-1C r o s, R e a 1-p~., Ryan and R e e h VOTING "AYE", AND COUNCIL MEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS -~ DAY OF ,~„t y , 1997. CITY OF BLAIIZ, NEBRASKA BY MIC L A. S, MAYOR ATTEST: ~~.~~ ~~` ~~ ~ s~~ o ALICE I. DIEDRICHSEN, CITY CLERK SEAL a o a a m ~' ® a ®® ®® FER3T CUSS ~,~ ®°~®®~ ~ ~®0 196 B ®~®®®® ®®®~® 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 _2_2_n_cL day of J t~ lam, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -,_ INTERLOCAL AGREEMENT FOR CRIMIl~TAL PROSECUTION This Interlocal Agreement is made by and between Washington County, Nebraska, hereinafter referred to as "County", and the City of Blair, Nebraska, hereinafter referred to as "City" on July ~~ , 1997. WHEREAS, the County, through the Washington County Attorney's Office, prosecutes criminal violations under the State Statutes of the State of Nebraska and the City prosecutes traffic law violations and misdemeanor criminal violations under City Ordinances of the City of Blair, Nebraska. WHEREAS, City and County desire to enter into an Ixiterlocal Agreement whereby the office of the Washington County Attorney will prosecute traffic law violations and misdemeanor or infraction criminal law violations on behalf of the City of Blair. FOR VALUABLE CONSIDERATION, AND THE MUTUAL PROMISES AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. PROSECUTION: The County, through the personnel of the office of the Washington County Attorney, shall review all reports from law enforcement personnel pertaining to violations of infraction or misdemeanor criminal or traffic law violations occurring in the City of Blair and shall diligently represent the City of Blair in all such criminal or traffic law proceedings, shall attend all Court hearings and trials and appeals therefrom, which said cases arise and are prosecuted under the Municipal Code of the City of Blair; provided however, the parties agree that if special circumstances exist, the office of the County Attorney may prosecute violations occurring in the City of Blair under the State Statutes of the State of -1- .~ ~ , Nebraska, in its sole discretion. The office of the Washington County Attorney shall have the exclusive right to determine whether circumstances exist to warrant prosecution of any traffic or criminal misdemeanor or infraction offenses. The office of the County Attorney shall also provide legal advice to the personnel of the City of Blair Police Department pertaining to criminal issues which may arise (i.e. search and seizure issues, etc.). 2. PRETRIAL DIVERSION: (a) ~: City hereby authorizes the County to operate a Minor in Possession of Alcohol Pretrial Diversion Program on behalf of City for all individuals issued citations in the City of Blair and the net proceeds (after deducting out of pocket expenses - ie photocopies, long distance toll charges) therefrom shall be paid to City on a regular basis. (b) STOP: The parties agree that City has an agreement with the Safety and Health Council of Greater Omaha for traffic offenses and the net proceeds (after deducting out of pocket expenses - ie photocopies, long distance toll charges) therefrom shall be paid to City on a regular basis. 3. TERM: It is further agreed that this Agreement shall be effective on July 23, 1997 and shall continue thereafter until terminated in writing by either party. It is agreed that this Agreement maybe terminated by either party by giving notice of termination in writing to the other party, thirty (30) days prior to said termination date. 4. PAYMENT TO WASHINGTON COUNTY: It is agreed by and between the parties that for and in consideration of the services performed under this Interlocal Agreement, City shall pay County the sum of Eight Hundred Dollars ($800.00) per month. -2- 1'~ ~7.~ ~ ' ATTEST: C~~~ 1Lc~E.e. ~P G~?p~~ ~ ATTEST: ~,~ ~ ~~~~~~ ~A~ ALICE I. DIEDRICHSEN CITY CLERK WASHIN TON CO ,NEBRASKA By: `~ C Date: ~~ 2'7O `~ CITY OF BLAIR ..-- B • ,..~~~ MICHAEL A. MINES, MAYOR Date: ~ ~~ °~'7 APPROVED AS TO FORM AND CONTENT: --~ ~S ~ GT COUNTY ATTORNEY'S OFFICE Date: 7 2 Z- C/~ -3- ~~ ~~ _..~ RESOLUTION NO. 1997 - 3 0 COUNCIL,MEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, has been presented with a Developers Agreement with Judt Electric Incorporated, a Nebraska Corporation, for the creation of Pleasant Valley Subdivision, City of Blair, Washington County, Nebraska, a copy of said Agreement being attached hereto marked Exhibit "A". WHEREAS, the terms and conditions of the agreement is acceptable to the City of Blair, Nebraska. 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 which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. MEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12 t h DAY OF AUGUST, 1997. COUNCILMEMBER K r o s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ellis .UPON ROLL CALL, COUNCIL- MEMBERSAbbott Betts E11 i s Kros Real ~h Reeh and Ryan VOTING "AYE" AND COUNCIL- -1- CITY OF BLAIR, NEBRASKA B~ ~~~ MAYOR ~~, MICHAEL A. MINES, ATTEST: CITY CLERK CITY ~F A.I, ~ ~ FIRST ST~a®8D@801®9 ~ASKA ) ) :SS: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of August, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- DEVELOPER'S AGREEMENT This agreement made this 12th day of August, 1997 by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Judt Electric Incorporated, a Nebraska Corporation, hereinafter referred to as "Developers." WHEREAS, Developers propose to develop the real estate described as follows: Lots 1 through 14, inclusive, and out lot 1 of Pleasant Valley Subdivision, being a platting of part of Tax Lot SS lying in the NW%4 SE% of Section 14, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, and more particularly described as follows: From the northeast corner of the NW%4 SE'/a of Section 14, Township 18 North, Range 11 East; thence S 00°07' 16" E (assumed bearing) along the east line of said NWl/a SE'/4 a distance of 217.80 feet to the northeast corner of Tax Lot 55 in said Section 14 and the Point of Beginning; thence continuing S 00°07'16" E along said east line a distance of 316.34 feet to the southeast corner of said Tax Lot 55; thence S 89°59'47" W along the south line of said Tax Lot 55 a distance of 614.46 feet to a point on the easterly right-of--way line of U. S. Highway No. 30; thence N 06°20'38" W along said easterly highway right-of--way line a distance of 135.25 feet; thence continuing along said easterly right-of--way line N 03°08'57" E a distance of 182.23 feet to a point on the north line of said Tax Lot S5; thence N 90°00'00" E along said north line a distance of b 18.72 feet to the Point of Beginning; and containing 4.52 Acres, more or less, and have submitted a preliminary plat to the Planning Commission and a final plat of Pleasant Valley Subdivision 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 applicable 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 Pleasant Valley Subdivision as such final plat or phases thereof aze approved by Blair. 2. All improvements and construction under said districts shall be made pursuant to the specifications of Blair. Ail contracts for such improvements shall be entered into by Blair and -1- 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 improvements, 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 pries under the stipulation said deposit maybe 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, Developers 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 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 Developers. In the event the surety bond or cash deposit is less than twenty percent (20%) of the actual construction 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 estate, that said special assessments shall be a first lien on the real estate for such construction and improvements, subject only to general real estate taxes levied and assessed against said premises and that all other interests, encumbrances, or liens on the premises of any parties to this agreement shall be junior and inferior to the assessments of Blair against the premises. 6. Blair's participation in this agreement and all of its responsibilities and obligations hereunder shall be subject to any and all provisions imposed on Blair by the statutes of the State of Nebraska and the Municipal Code. 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, -Z- .. ~ "~ - ~~~ ~ ~~.~~''~ JUDT ELECTRIC INCORPORATED BY President, Judt Electric Incorporated Secretary, Judt Electric Incorporated ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK ~~a0il4~eoserisi®~ry is ,~ S,iY ~C~ ~y .a'ti1~~$a sro~~~s~ d~ ~i 1~~ 'DS '~, ',+ ~ 0 • J '>° ~, ii~ 1 a flT ~ S ~i m ~ a° ® d ^J ' ~a ~~L o ~ v 's FBRST G '' ~;~ .` s ® ®'0 1961 ~~°~ Q'. CITY OF BLAIR, NEBRASKA BY ~ ~s~ MICHAEL A. MINES, MAYOR -3- DEVELOPER'S AGREEMENT This agreement made this 12th day of August, 1997 by and between the City of Blair, Nebraska, hereinafter referred to as "City," and Judt Electric Incorporated, a Nebraska Corporation, hereinafter referred to as "Developers." WHEREAS, Developers propose to develop the real estate described as follows: Lots 1 through 14, inclusive, and out lot 1 of Pleasant Valley Subdivision, being a platting of part of Tax Lot SS lying in the NWl/4 SE'/4 of Section 14, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, and more particularly described as follows: From the northeast corner of the NWl/a SE'/4 of Section 14, Township 18 North, Range 11 East; thence S 00°07' 16" E (assumed bearing) along the east line of said NW%a SEl/a a distance of 217.80 feet to the northeast corner of Tax Lot 55 in said Section 14 and the Point of Beginning; thence continuing S 00°07' 16" E along said east line a distance of 316.34 feet to the southeast corner of said Tax Lot 55; thence S 89°59'47" W along the south line of said Tax Lot 55 a distance of 614.46 feet to a point on the easterly right-of--way line of U. S. Highway No. 30; thence N 06°20'38" W along said easterly highway right-of--way line a distance of 135.25 feet; thence continuing along said easterly right-of--way line N 03°08'57" E a distance of 182.23 feet to a point on the north line of said Tax Lot 55; thence N 90°00'00" E along said north line a distance of 618.72 feet to the Point of Beginning; and containing 4.52 Acres, more or less, and have submitted a preliminary plat to the Planning Commission and a final plat of Pleasant Valley Subdivision 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 applicable 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 Pleasant Valley Subdivision 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 -1- 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 improvements, 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, Developers 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 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 dire ted by the Developers. In the event the surety bond or cash deposit is less than twenty percen (20%) of the actual construction cost, Developers shall within fifteen (15) days following noti ication by the City of such deficiency remit same to the City of Blair. 5. It is ~zm er agreed by all parties hereto, including Developers and other persons, who may have or c an interest in or an encumbrance or lien upon the above described real estate, that said speci 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 o er interests, encumbrances, or liens on the premises of any parties to this agreement sha 1 be junior and inferior to the assessments of Blair against the premises. 6. Bl ' 's participation in this agreement and all of its responsibilities and obligations hereunder steal be subject to any and all provisions imposed on Blair by the statutes of the State of Nebraska the Municipal Code. 8. Dev Topers hereby agree they will maintain all of the assessments made against the above describe real estate pursuant to the terms of this agreement in a current status and that they will not al ow same to become delinquent. This assigns of all ;nt shall be binding upon the heirs, personal representatives, successors, and hereto. -2- JUDT ELECTRIC INCORPORATED BY ~- Pr 'dent, Judt Elec 'c Incorporated ATTEST: A~(~ ~ tai a r~~t, ~~~ ALICE I. DIEDRICHSEN, CITY CLERK ~` Secr , Judt Electri corporated CITY OF BLAIR, NEBRASKA 0 Y CHAEL A. MINES, MAYOR -3- RESOLUTION NO. 1997 - 31 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska desires to establish a procedure by which requests for hard surfaced parking areas on City Right of Way in residential areas, maybe reviewed for approval. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Blair City Administrator and Public Works Director are authorized to review all requests for construction of hard surfaced parking areas on City Right of Way, and approve or disapprove the same; provided however, this authorization is limited to City Right of Way in residential zoning areas in the City of Blair which do not involve the removal or reconstruction of any existing curb or gutter. BE IT FURTHER RESOLVED that, upon the approval by the Blair City Administrator and Public Works Director of a request for hard surfaced parking on City Right of Way, the Mayor is hereby authorized to execute and deliver on behalf of the City of Blair, Nebraska an easement or other documents that maybe necessary for approval of said request; provided further, that should the Blair City Administrator, Public Works Director and/or Mayor deny such request, then the request maybe submitted directly to the City Council for its review and action. COUNCII,MEMBER R y'a n MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott .UPON ROLL CALL, COUNCILMEMBERS K VOTING "AYE", AND COUN ILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12th DAY OF August , 1997. CITY OF BLAIR, NEBRASKA BY CHAEL A. MINES, MAYOR -1- ATTEST: ALICE I. DIEI~~,~,ICHSEN, CITY CLERK ~SE~®~ ~ •®®,.®e.®.®®®~ ®®s®®® ®• CITY ®F ', '® • r + e s e 4 '® FIRST CUSS ,.~®®®®~® o®®p®~ ®~6p0®•®®®®0®b®®~® STATE ®o eaa®® ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 12th day of August , 1997. ALICE I. DIEDRICHESEN, CITY CLERK -2- .~ - RESOLUTION NO. 1997- 3 2 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class I Liquor License for spirits, wine, beer, On Sale only inside corporate limits for BMG & G Inc. dba "Toll House". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, OF THE CITY COUNCIL 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 COUNCIL MEMBER Abbott .UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts } E1 1 i s, Kros, RPial ~, RPPh anri Ry.~n VOTING "AYE" AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF A U G U S T 1997. CITY OF BLAIR, NEBRASKA BY C L A. MIlVES, MAY ATTEST: ALICE I.®® ©SEN, CITY CLERK SE b ~® ~~®~ ®®~ d 4 ® ®~- e ® m a ~~ ~ :® ~' STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12TH day of August , 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- l ~, .. . ,~ RESOLUTION NO. 1997 - 3 3 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska. Department of Roads has submitted a proposed Agreement for resurfacing of a portion of U. S. Highway No. 30 in Blair, Nebraska. WHEREAS, the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the improvement of U. S. Highway No. 30 in Blair, Nebraska designated Project No. RD-30-7 (1011) is acceptable 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 City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska.. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER _ Abbot .UPON ROLL CALL, COUNCIL- MEMBERS Abbott _ g~t,~t~ci 11 i Kros _ R -E---~-----~•---~~-I~~h_ a n d Rya n AND COUNCILMEMBERS None VOTING "AYE" DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED~THIS MAYOR DAY OF AUGUST, 1997. t ~ t h___ -1- r , CITY OF BLAIR, NEBRASKA BY ~ ~ ~ ~. ~ MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDKICHSEN, CITY CLERK ~ ~i,'~gaaye~sse~oaeea~,~~~g,~ r lg~, ~s1aL'~ 0pI®~+ ,p~ a ~~li~f ~~ dpi n ® ~ ~T~1TF~'t~` 1~S,A a ;~ ) asa ~~s~m,9 ,,m ) as: WA UNTY ) aaaaeaaaao-a ~ ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the .12th day of August, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- __ ~~ «.~ AGREEMENT PROJECT'N0. RD-30~7(lOli),-:STATE CONTROL N0. 21873 CITX OF BLAI& 5fiATE OF NESRilSRA,. DEPARTMENT OF ROADS. FISCAI. YEAR 1999 RESURFACING PROJECT' SELECTED HIGHWAYS`.`.. :: _ 'PHIS AGREEMENT, made and entered .into bq and .between the, City of 81sir, . hereinafter referred. to as the "City",> and the State of Alebraska,: Department o€ Roads. hereinafter referre:l to as the '"State" WITNESSETH: WHEREAS, it is,the desire of the City and the State to maintain the urban extensions of State Highways in a £avorabie condition for the general public. « BecausQ-of increased-traffic and general deterioration of the roadway, .'some of the streets require resurfacing:-work. It is hereby agreed: that. the City and State ,fain in resurfacing work on`Seiected Highways,. and WHEREAS, the State fox its Fiscal Year 1999 construction program has programmed $100,000>_00 for the resurfacing of State highway U5-3© in Slair, and WHEREAS, this resurfacing shall consist of: Profile Rxisting Surface and Asphalt Surface Course. NOW THEREFORE,: in cansideration of these 'facts, the parties hereto agree as follows SECTION 1. The City agrees'to prepare specifications, take bids, award contracts. provide the necessary inspection to'insure the pe"rformance is-within specification requirements;and,malntain sufficient records to fu11y document locations and actual casts of work. performed.: The. City, further agrees that final inspection of the work sha11 be by, the State and only that work which is deemed satisfactory shall be eligible for payment by the State. The,Citq also agrees that the State's share of the cost of the work shall- be limited only to the actual construction cast of accepted'-.work based on the lane responsibilities of the City and the State at. the locations described in- 5ection 3 herein. SECTION 2. The State agrees to participate in 100 percent of the actual construction cost only of work approved and accepted. The maximums monetary amount .which the State wli provide for their share of the actual construction costs is '$100,`000.00, ~ ., SECTION 3. The specific locations of highways for which resurfacing is authorized, within the $100,000.00 limit are as follobts: Highway US-30 (Washington Street) 14th Street to 18th Street (excluding parking lanes). Profile existing surface and overlay with asphaltic surface. SECTION 4. Upon completion of the work described herein. the City shall provide to the State certification that the work has been performed according to specifications and shall furnish a summary and supporting pay .estimates of actual costs of work performed in the specific areas. These items shall be submitted to the Department of Roads through the District 2 Office in Omaha. The State agrees to make payment to the City for the State's share of the actual eligible construction .costs within thirty (30) days after inspection and approval of the work by the State's District Engineer and the subsequent receipt of the Gity's billing. SECTION 5. 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 shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement; such records to be available for inspection by the State, and copies thereof shall be furnished by the City if requested. SECTION 7. Nothing said or implied to the contrary, the State's maximum share of the actual costs under this agreement shall not exceed $100,000.00. Project No. RD-30-7(1011) -2- City of Blair v y- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this day of 19_ ATTEST: CITY OF BLAIR City Clerk 19 Deputy Director-Engineering RECOMMENDED: Mayor EXECUTED by the State h day of STATE OF NEBRASKA DEPARTMENT OF ROADS District Engineer AGR46-V.A Project No. RD-30-7(1011) -3- City of Blair RESOLUTION NO. 1997 - 3 4 COUNCIL MEMBER K R 0 S INTRQDUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has created certain improvement districts for the Deerfield Addition and Gap Paving District No. 171 to the City of Blair, Washington County, Nebraska, which the City of Blair is in the process of issuing bonds to pay for such improvements. WHEREAS, it is anticipated that prior to the issuance and sale of such bonds, it is anticipated that certain expenses pertaining to such improvement districts will be incurred for which payment should be made prior to issuance and sale of such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that any expenditures incurred by the City of Blair in regard to the improvement districts in the Deerfield Addition and Gap Paving District No. 171, prior to the issuance and sale of bonds, may be paid from the City of Blair funds, pursuant to the normal claim process, and that upon issuance and sale of such bonds, the City of Blair shall be reimbursed from said bond fund for any and all. such expenditures. COUNCIL MEMBER K r o s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED. BY COUNCIL MEMBER E 1 1 i s .UPON ROLL CALL, COUNCIL MEMBERS Abbott, Betts, Ellis, Kros~RealRh, Reeh and. Ryan VOTING "AYE" AND COUNCIL MEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF AUGUST, 1997. ~~ CITY OF BLAIR, NEBRASKA MAYOR Michael A. Mines { ~ ~ ATTEST: ,, ALICE j,,j,~IEDRICHSEN, CITY CLERK 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 12th day of August, 1997. ALICE I. DIEDRICHSEN, CITY CLERK R RESOLUTION 1997 - 3 5 COUNCILMEMEBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlZ, NEBRASKA AS FOLLOWS: SECTION 1: The Mayor and City Council of Blair, Nebraska, hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of Blair, Nebraska have received bids far Sanitary Sewer Extension District No. 55 and that of such bids, the bid of Cedar Construction, Omaha, Nebraska in the amount of $ 3 41 , 2 6 5.6 0 ~ is the lowest and best bid received and that said bid is hereby accepted and approved. SECTION 2: The Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's attorney. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER A h h p_# t .UPON ROLL CALL, COUNCILMEMBERS ~ E l l i s, R P '~.#'. c, iC m e R a a 1 n h R~R.~/.~~~ p,~~q~t yr e 1 1 VOTING "AYE", AND COUNCILMEMBERS N ~ p VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 6th DAY OF "AUGUST ~ , 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: ~,e~F ~ P~~ n~~t ALICE I. DIE1~~2ICHSEN, CITY CLERK ~ ®!®®..®.4.m~~q®~ ,®e® ;'® CITY ®F ®; ~" o ~ : Ja ® # ~iRST CLASS e 1 w r V STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 26th. ~Yof_ .August , 1997. a ALICE I. DIEDRICHESEN, CITY CLERK ,.. k. ~`~ r,~a . RESOLUTION NO. 1997-3 6 COUNCILMEMBER E L L I S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair adopted Ordinance No. 1812, on July 22, 1997, establishing Street Improvement District No.173 and furthermore that the first publication of Notice of Creation of such District was published on July 29, 1997. WHEREAS, objections from purported owners of the record title representing 576.92 lineal feet of property abutting or adjoining the improvement were filed prior to July 29, 1997. WHEREAS, objections from purported owners of the record title representing 191.08 feet of front footage of the property abutting or adjoining the improvement were filed within twenty (20) days after July 29, 1997. NOW THEREFORE BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that objections from owners of record title representing more than 50% of the front footage of the property abutting or adjoining the improvement have not been timely filed, and that the Mayor and City Council shall forthwith proceed to plan and construct such improvements. COUNCILMEMBER E L L I S MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER R E E H .UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts , E1 1 i s , Kros , Real ph , Reeh , Ryan VOTING "AYE" AND COUNCILMEMBERS S h o t w e l l VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2 6th DAY OF AUGUST, 1997. -1- ~.' v ATTEST: ~, , °~s~i~ n~ E~'C~ ~~L~ ~!i D~ ~ ALICE ®~®DIEDDRICHSEN, CITY CLERK ®®0:~®~~( ®F ~l °°°®®®® `~+ ®°®°~®®°®®ro~~~ ®®®® (~=~ CiTY (2F ®®® ®~ e a • ® ° a so FIRST CLASS ®° ST"~T~°F~kYEAA ) WASHIN~~(5~T8 COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 2 6th day of August, 1997. ~~jj i M ALICE I. DIEDRICHSEN, CITY CLERK -2- ,r RESOLUTION NO. 1997-3 7 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, commencing in 1998, the State of Nebraska is to undertake major highway reconstruction of U.S. Highway 30 from approximately 14~' Street in the City of Blair east to the Missouri River. WHEREAS, during the period of construction, highway traffic will be re-routed onto Grant Street from approximately East 1 ~` Street to 14~' Street in the City of Blair, Nebraska. (hereinafter referred to as "Detour Route".) WHEREAS, certain commercial business establishments are located adjacent to the area of construction and it maybe necessary for such commercial business establishments to place temporary advertising signs along the detour route and/or to temporarily relocate their business establishments to another area in the City of Blair or within the extra-territorial zoning jurisdiction of the City of Blair. NOW THEREFORE, BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that commencing on May 1, 1998, and continuing until three (3) months after completion of construction of U.S. Highway 30 east of the City of Blair, any commercial business establishment immediately adjacent to the area of construction may, subject to the following, place temporary advertising signs along the detour route; provided further, that any person or entity seeking to place an advertising sign along the detour route shall make application to the Office of the City Clerk and that Mayor and City Administrator are hereby authorized to approve or disapprove of such application(s) after taking -1- into consideration the shape, size and location of such sign and the safety of the public. BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that any commercial business establishment located adjacent to the area of construction along U.S. Highway 30, maybe entitled, subject to the following, to temporarily relocate its business premises to an industrial and manufacturing district even though such usage may not be included as a permitted principal use or permitted special use; provided further, that any person or entity desiring to temporarily relocate its business premises, during the period of construction, shall make application to the Office of the City Clerk and further that the Mayor and City Administrator of the City of Blair, Nebraska, are hereby authorized to approve or deny such application. BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that should the Mayor and City Administrator deny any application for installation of a temporary advertising sign or application to temporarily relocate business premises, then the applicant may present such application(s) to the Mayor and City Council for approval or disapproval. COUNCILMEMBER K r o s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMEER Ellis .UPON ROLL CALL, COUNCILMEMBERS_Abbott_ Betts, Ellis, Kros Real ph, Reeh, Ryan and Shotwell VOTING"AYE"AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2 6th DAY OF AUGUST, 1997. -2- CITY OF BLAIR, NEBRASKA ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK :~) c'n ®~ ~® d$~ : SAL : # ®B FIRSV ~ ®® ®®®® ~®®®®®196®©m®°~ ®~®®° ®m®~a®~~~ R ~~~®®a STATE, OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ~.° ~ .~ ~ ~ MICHAEL A. MINES, MAYOR ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 2 6th day of August, 1997. J~~~ ALICE I. DIEDRICHSEN, CITY CLERK -3- RESOLUTION N0. 1997- 3 8 COUNCILMEMBER E L L I S 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 far 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 FURTHER RESOLVED BY THE MAYOR AND THE CITY.COUNCIL OF THE CITY OF BLAIR, NEBRASKA that a stop sign is currently located at the intersection of 18~' Street and Butler Street for the purpose of stopping traffic east bound on Butler Street and that such stop sign shall be removed. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLA1R, .NEBRASKA, that: a) A stop sign shall be placed at the intersection of Joanne Drive and I0`~ Street for the purpose of stopping traffic east bound .onto 10th Street in the City of Blair; b) A stop sign shall be placed at the intersection of Flynn Drive and 10~' Street for the purpose of stopping traffic east bound onto 10~' Street in the City of Blair; and, c) A stop sign shall beplaced at the. intersection of 18`" Street and Butler Street for the purpose of stopping traffic south bound on 18`" Street in the City of Blair. -1- Y BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with any such stop sign. COUNCILMEMBER MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts .UPON ROLL CALL, COUNCILMEMBERS q and ho wPl t VOT "AYE" COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2 6th DAY OF AUGUST, 1997. CITY OF BLAIR, NEBRASKA ATTEST: c ALICE I. DIEDRICHSEN, CITY CLERK 1 w s, (SEALS®°~®`®~t~Fe$t~''` s a` CITY ~F • • s • ® o ® FIRST CUSS e ® ®® ® ~: °®®o °®~®® 19610®®® ®®~ ~~®~~ ~~L~ S~M1 i ~~6 6D~~®0 F~~AR@3Bse6~p8 B~~ ,r MICHAEL A. MINES, MAYOR -2- J STATE OF NEBRASKA ) as: 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 2 6th day of August, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -3- -... F RESOLUTION NO. 1997 3 9 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWIl~TG RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution establish sewer use fees. NO~1V, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlZ, NEBRASKA, THAT the minimum. sewer use fee for customers of the municipal sanitary sewer system who do not receive service from the municipal water system are hereby set and established as follows: a) Charge per month: $11.00 b) Industrial - Minimum Charge- per month: $275.00 $3.47/HCF + $O.155/1b BOD in excess of 200 ppm + $0.124I1b TSS in excess of 250 ppm provided further that such rates shall become effective with the billing which shall be sent to the customer on or about November 15, 1997, for the period commencing on or about October 1, 1997. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlZ, NEBRASKA, that the minimum sewer use fee for customers of the municipal sanitary sewer system who do receive service from the municipal water system are hereby set and established as follows: a) RESIDENTIAL (Single Dwelling): 1VIinimum Charge per Month: $9.50 (Includes 200 CF of usage.) Commodity Charge: $0.90/HCF of usage above 200 CF. b) RESIDENTIAL (Multiple Dwelling, 4 or fewer units) Minimum Charge per Month: $10.50 (Includes 200 CF of usage.) Commodity Charge: $0.90/HCF of usage above 200 CF. -1- z' ~ ~ c) RESIDENTIAL (Multiple Dwelling, 5 or more units): Minimum Charge per Month: Per Water Meter Size Meter .Size 3/4 1 %2 2 2 %a d) Commodity Charge: COMMERCIAL: Minunum Charge per Month: Current months usage above 200 CF: Muumum Charge $20.00 $40.00 $60.00 $80.00 $100.00 $0.90/HCF of usage above 200 CF $10.50 (Includes 200 CF of usage.) $0.90/HCF above 200 CF provided fzu~ther that such rates shall become effective with the billing which shall be sent to the customer on or about November 15, 1997, for the period commencing on or about October 1, 1997. COUNCILMEMBER K r a s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott .UPON ROLL CALL, COUNCILMEMBERS Abbott. Betts, Ellis, Kros, Real oh Reeh Rvan and Shotwell VOTING "AYE" AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 2 6th DAY OF AUGUST, 1997. CITY OF BLAIlZ, NEBRASKA B MIC L A. NIINES, YOR ATTEST: ALICE .~,I?~I~]ytICHSEN, CITY CLERK ~~m ~ ~ ~ ~~ ~» m9 m m m ~ m '~a,'9 ,~ y ~ Q~~m~ ~~9~ 853?. ~~~ ~r ~~~ ~Cg@am~1fl ~a3 v, .,~ ~`r ~- STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE L 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 2 6th day of August, 1997. ~ 1 ALICE I. DIEDRICHSEN, ChTY CLERK -3- RESOLUTION NO. 1997- 4 0 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Gap Paving District No. 171 was created pursuant to Resolution No. 1997- 16 was adopted by the Mayor and City Council of the City of Blair, Nebraska, on or about April 17,1997. WHEREAS, the Mayor and City Council of the City of Blair, Nebraska hereby desire to repeal Resolution 1997-16. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL, OF THE CITY OF BLAIR, NEBRASKA, that Resolution 1997-16 be and hereby is repealed and Gap Paving District No. 171 is hereby abandoned and vacated. COUNCIL MEMBER A h h n t t MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER COUNCIL UPON ROLL CALL MEMBERS Ryan, Betts and Shotwell VOTING "AYE" AND COUNCIL MEMBERS A h_b o t t, K r o s_,,_B p a 7 ~_a.~a ~ RP P h vote-d ~I a v a.n.si- Councilman Boeka abstained THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS DAY OF SEPTEMBER, 1997. THE RESOLUTION FAILED. CITY OFBLAIR,NEBRASKA BY MICHAEL A. MINES, MAYOR -1- M ,T4 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 anc~approve~ at a regular meeting of the Mayor and City Council of said City, held on the 19th day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION NO. 1997- ~ 1 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class I Liquor License for spirits, wine, beer, On Sale only inside corporate limits for Jac N Dean's, Inc., dlb/a Chili Peppers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission, subject to a criminal history of applicants in satisfactory compliance with the rules and regulations of 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 ~ ~ n MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER A 6 h o t t .UPON ROLL CALL, COUNCILMEMBERS Ahbot~_, RPttc RnPka, Krne, R_P~ lrnh,_RPPh, R~r~ anri S~Ott~ll VOTING "AYE" AND COUNCILMEMBERS Non P VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS g t h DAY OF SEPTEMBER, 1997. CITY OF BLAIR, NEBRASKA BY `MICHAEL A. MINES, MAYOR -1- ATTEST: ALICE I. DIEDRICH' .SEN, CITY CLERK (SEAL) .~•`:'.i ~QF gi ~:'•+._ STATE O~1'V~BR~''~ ° R ): m ®® FIR37 CLASS ~~®:s`' WASHING'~~N°Cg2.a ®®® ~®®®}~a®®® ALICE I. DIE154RICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the-City of Blair; Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of Sept. , 1997. ' ,. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION NO. 1997- ~ COUNCILMEMBER A B B O T T 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 Liquor License for spirits, wine, beer, On and Off Sale inside corporate limits far M M B, Inc., d/b/a Bienvenidos. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF BLAIR, NEBRASKA, THAT the City of Blair recommends approval of the issuance of such license by the Nebraska Liquor Control Commission. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and forward a certified copy of this Resolution to the Nebraska Liquor Control Commission on behalf of the City of Blair. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL, MEMBER a n .UPON ROLL CALL, COUNCILMEMBERS Abbo VOTING "AYE" AND COUNCILMEMBERS N n n P VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS g t h DAY OF S E P T 1997. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINE YO ATTEST: T ALICEL:DIEDRICHSEN, CITY .CLERK (SEAL ~dearee.e..esriaes ®® 4' city o~ ' ® °~ b ® a a ~® ~o~s~ ~~ss ®~ 4F a~ m~ 161 ~~~ ~., ~°~,~ v ~.~ ~, . f STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was ', passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of Sept. , 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION 1997 - 4 3 COUNCIL MEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the. Washington County Recycling Association is in the process of applying for Recycling Grant Funds to be used for the construction of a recycling building and other accessories. WHEREAS, the Washington County Recycling Association desires to use real estate owned by the City of Blair, Nebraska as the location for its recycling building and other accessories. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair, Nebraska supports the continued use of real estate owned by the City of Blair for the site of the Washington County Recycling Association building and other improvements; provided however, the exact location of the building and improvements, and the terms and provisions of the lease agreement shall be upon terms and conditions as mutually agreed to in writing between the City of Blair and the Washington County Recycling Association. COUNCIL MEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER B e t t s .UPON ROLL CALL, COUNCIL- MEMBERS Abbott Betts Boe a, Kros Real ph, Reeh, Ryan and S h o t w e l l VOTING "AYE" AND COUNCIL MEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY OF SEPTEMBER, 1997. -1- ATTEST: ,~"~ ~ ~~p ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ):ss: WASHINGTON COTJNTY ) CITY OF BLAIR, NEBRASKA II MICHAEL A. MINES, MAYOR ', ®e'~eeeneeee~~ ®,a!®'®`~i`4~~®~ ~[~s~~~s+~r+ III ~ ~ i e e~~ ~ ~~~ s FIRST CLASS : , 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 approved at a regular meeting of the Mayor and City Council of said City, held on the 9th day of September, 1997. -2- ~. ~ RESOLUTION NO. 1997- 44 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a proposed Agreement for remediation of the defect in the presedimentation ', clarifier mechanism at the Water Treatment Plant has been submitted. WHEREAS, the Agreement between the City of Blair, Nebraska, Kirkham, Michael and Associates, Inc., Eriksen Construction Company, and WesTech Engineering, Inc. is acceptable 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 City of Blair, Nebraska, Kirkham, Michael and Associates, Inc., Eriksen Construction Company, and WesTech Engineering, Inc. which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER R O F K A .UPON ROLL CALL, COUNCIL- MEMBERS Abbott, Betts, Boeka, Kros, Real~h, Reeh,~an and snotweU VOTING"AYE" AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS A t h DAY OF SEPTEMBER, 1997. -1- ~.. CITY OF BLAIR, NEBRASKA ' ~~ ~ ' MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK ®F Cr~xO~ S~'A'~'E (S ) '° FIRSY~ m ~ ) :SS: o® WA'~~HIT~r~ e OiTY ) !, ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK ' i' -2- RESOLUTION NO. 4 5 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, has conducted a public hearing as prescribed by law and heard and considered comments concerning the propriety I, of the preliminary levy and the need to establish a different levy; and, WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, hereby finds and determines that it is in the best interests of the Municipality that a levy be set at a different amount than that of the preliminary levy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the final levy of the Municipality for the fiscal year October 1, 1997, to September 30, 1998, is set at .303520 cents per one hundred dollars of actual valuation for the general fund, at .115292 cents per one hundred dollars of actual valuation for the street fund, and at .017045 cents per one hundred dollars of actual valuation for the debt fund. COUNCII,MEMBER Abbott MOVE THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan .UPON ROLL CALL, COUNCILMEMBERS Abbott Betts Boeka Kros Real~h Reeh, Ryan and Shotwell VOTING "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 3 r d DAY OF SEPTEMBER, 1997. CITY OF BLAIR, NEBRASKA B ~ ~~ C y~ MICHAEL A. MINES, MAYOR ', -1- ATTEST: ALICE I. DCHSEN, CITY CLERK ~~~° ~®o b®®~®~ ®® ~®®®amee~ ~,~ ®~ ~S~j CIT'Y®F ®@®®°~ ~~e 4 4 ~ ® A.I. ~ -~' a ® z ~, ®n FIRST ~L~SS ®~ ® a •n o e ti> ®m 1®6~ ® ~,~ ~ °~W ~ r, ,~b~ STATE~C°~~~~i,~KA ) )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 i, duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 2 3rd day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK ~, -2- Z O U Z _z 0 0 c d y ~ X ~ x y~ r N ~ Q QJQ d maa`~ W V J ~ D y ~. ~ n ~ W U tH to to to to f9 1A to f9 M d) fA W t9 i9 tH d m m y r rn o. ~ o ~ .-, h~'a~~ ~ `~ o ~~~ N ~ O ' to in t/1 fn f!) vi to /n f9 t9 IA W 1R. Vi to fA ~ E E 'u ~ d v ~ rn ~ m rn w torn c U C ~O~aO v, W R '' m °ooood m E c a ~ ro p m ova` ~ x Ta ~ t'~ ~~cia ' `'~ R rn c m m ~ E a rn'E F- ~c ~ v is v ~ a I I I .~ a, '~' in~nu>v~~nrntn~au~u,.nwwrn~w ~ ~ ° r~ E~ ~ 00o I ~ o ~~ j _ v c•i o m E v m > > c m v°0i E a 2'i ~ ~ ,~` ~. v rn x A m o r, ~~ h N r E G p n 0 n O R O p '~ O O' ~..~ D W~ x O~ m a F ~ a o O O d t E z m ~ O o m` Sic cm .nrnFnenwvie»wwwv~fnvi.awwz~ ww o W H PUBLIC NOTICE Notice is hereby given that the Mayor and City Council of the City of Blair, Nebraska will hold a Public Hearing at 7:00 p.m, on Tuesday, September 23, 1997 in the City Council Chambers to consider a Resolution setting the Property Tax Levy for the City of Blair at a rate less than the preliminary levy published/or to be published by the County Clerk. Anyone requiring special accommodations or assistance because of visual or hearing impairment should contact the City Clerk no less than 5 days prior to the hearing date. GAL NOTICE . r1rBLtcgwoR~lc~ . ~ . Natloe is hateby ~ the ~ N~ ~ f~Pah~i$Q ~Y ~' ~. p~.mm..~ an Tne~y, Ste' 2:i, t9)i73n the Caty Council Chatnb~ to sang a Rerel~ttm aettina the Feoperty,Tas Lavy for the City ~' Bier at a rate Ieu tln® the lbvy pnbllahed/or to be the ~ cleat. a~ ie9~8 aaca®modaatotu o; assistance becawe of visual or headag imp~t:hoold oontut the Chy Clerk ao ~PW6ltehed m ~ PYet 11~uae Trxdaj, Sepfwnber 16,1997. _ . to Affidavits of this Publication have been flied in the otflce of: Court ^ Clerk of Dist. Court ^ County Clerk ^ Sec. State O AFFIDAVIT 4F PRINTER STATE OF NEBRASKA SS. Washington County, ....................... ~ ~.~:.k...~tl~Q 3.d ~.~..................................... being by me first duly sworn, deposes and says that he is the publisher of THE PIIAT- TRIBIJNE, alegal weekly newspaper printed and published at flair, in Washington County, Nebr. and of general circulation in said County and State; that said newspaper has a bona fide circulation of more than 300 copies weekly, in said County; and, has been published in said County far more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper fora...... consecutive week being the issues of. ........ S e.P..t.:...16 .................19 9 Z. ................................................19 ...... ................................................19 ...... ................................................19 ...... ................................................19 .... .,.t.. ,> %~ j........... ' ~ 1'ubl~shea s signature Subscribed in my presence and sworn to before me this ....16.......day of...........Se.P.tembe~ :.......................... ....1997 ~...-~..a.e ~--= -- I . G[f9cRAl f~Ui~RY'•Sfate of Nebraska ~ ~ C Ili :. PEGGY L. HIPNAR .;~-~,-z .~ .. ...f.~........ :. .t.il' ~_~ My Corm. Exp. Nov. Zo, i9sP ~ ~ ~ N ~y public Printers Fees For Publishing This Notice ................................... $ ,Z,,g,Z Preparation of Affidavit and Billing ............................................$ Notary Fees ..................................................................................$ Copy ............................................................................................$ Total ...................$ 7.8 5 .~~ RESOLUTION NO. 1997- 4 6 COUNCILMEMBER ~~ r INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwazded an application for a Class C Liquor License for spirits, wine, beer, On and Off Sale inside corporate limits for John F. Kant, d/bla High Rollers Lounge. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY COUNCIL OF $LAIR, 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 K r o s MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER B e t t s .UPON ROLL CALL, COUNCILMEMBERS Abbott Betts, RnPka ~ Kris ~ Rp_~,l~h RPPh ~,~/~ end ~hBtINe7 1 VOTING "AYE" AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2 3rd DAY OF SEPTEMBER, -1997. CITY OF BLAIR. NEBRASKA BYL: _ _ d _ ~_.v~~ MICHAEL A. MINES, MAYOR ATTEST: e.Q ~,co~~~~,~2-~.~V ALI~E..I. DIEDRICiiSEN,CITYCLERK ®°®~®~°~ ®F ®®~•®. (SEAL) ®®®®°®° ~d~ ®•.®•®..~,,~ ~®® ® CIN OF .®~®~ ~': . e P~ ; ~ : ~ ®. FIRST CLASS ®° ;' ®®®e ®~ ~ ~ ~ ®P ~g , , ~ ° ~ o .. STATE OF NEBRASKA ) ~, as: ', 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 ', 2 3 ~^ d day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK ', ~' RESOLUTION N0. 1997-47 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: Section I. The Mayor and City Council hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of the City of Blair, Nebraska have received bids for Street Improvement District No. 174 and that of such bids, the bid of Luxa Construction Co., Incin the amount of $ 767,832.63 is the lowest and best received and that said bid is hereby accepted and approved. Section 2. The Mayor and City Clerk are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's Attorney. Councilman_Ryan moved that the Resolution be adopted as read, which motion was seconded by Councilman Abbott. Upon roll call, Councilmembers Ahhntt~ Rattc~Rnpk~,~ Krn~~ RPa1Rh, RPPh, Ryan and ShntwPll voting Aye, and Councilmembers None voting Nay, the Mayor declared the foregoing Resolution was passed and adopted this ~3r~, day of September, 1997. ATTEST: .. , ®eaaes s;t Alice I. Diedr'~~ a, ~~ •• City C1 erk 4®®®®~®®~®~ ®..®.®,,~9j~•••+s•. ®s • @~ CITY OF `~ (Seal) ®'~ ° ~'~Zr % ~ w m ~ '® FIRST CLASS e: CITY OF BLAIR, NEBRASKA ° B ~_~ i~ ~ :ac _~ 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 of said City, held on the ~ 3rd day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 199?- 48 GOUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: NOW, THEREFORE, 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 advertised public bidding as required by law, the Mayor and City Council of the City of Blair, Nebraska have received bids for Water Extension District No. 36 and that of such bids, the bid of Cedar Construction Co. in the amount of $ 120,038.00 is the lowest and best received and that said bid is hereby accepted and approved. Section 2. The Mayor and City Clerk are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's Attorney. Councilman Kros moved that the Resolution be adopted as read, which motion was seconded by Councilman Ahhott, -Upon roll call, Councilmembers Abbott, Betts, Boeka, Kros, Real,~h, Reeh. Ryan a_nd Shotwell voting Aye, and Councilmembers None , voting Nay, the Mayor declared the foregoing Resolution was passed and adopted this 23rd day of September, 1997. CITY OF BLAIR, NEBRASKA , Michael A. Mines, Mayor ATTEST: Alice ear~P~;,ichsen °, City, ~ ._~.9s.~°°._ t 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 23rd day of September, 1997. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1997- 4 9 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska deem it to be in the public good to amend the City of Blair Personnel Manual. BE IT RESOLVED THAT attached hereto, marked "Exhibit A" and incorporated by this reference herein, are additions, amendments or modifications to the City of Blair Personnel Manual. BE IT FURTHER RESOLVED that the effective date of such additions, amendments or modifications to the City of Blair personnel Manual is from and after October 1, 1997. BE IT FURTHER RESOLVED that the City Administrator and/or all other supervisors be and hereby authorized to notify all officials and employees of the City of Blair, Nebraska, of the additions, amendments or modifications to the City of Blair Personnel Manual and the effective date thereof. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott ..UPON ROLL CALL, COUNCILMEMBERS _ Abbott , Betts Boeka Kros Real h Reeh R an and Shotwell VOTING "AYE", AND COUNCILMEMBERS Non e THE FOREGOING RESOLUTION PASSED AND APPROVED~THIS M 2 3OR DE DAYY OF SEPTEMBER, 1997. CITY OF BLAIR, NEBRASKA BY r MICHAEL A. MINES, MAYOR -1- ATTEST: ~ 7 w ALICE I. DIEDRICHSEN, CITY CLERK {SEAL) * ~ S.EAL o ~iasr ; ~~ p® ~+ o° a STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) ALICE I. DTEDRICHSEN, 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 regulaz meeting of the Mayor and City Council of the City of Blair Nebraska, held on the 2 3rd day of September, 1997. S ALICE I. DIEDRICHSEN, CITY CLERK -2- EXHIBIT "A" AMENDMENTS TO CITY OF BLAIIt PERSONNEL NIANUAI-' SECTION NO. ` DESCRIPTION 5.4 -Residency of Employees Section 5.4 esi a ce is hereby rescinded and deleted in its entirety and the Personnel Manual is hereby amended to replace Section 5.4 Residents, with the following, to wit: "Section 5 4 RP~idence Residency in the City of Blair is encouraged for all employees but shall not be required. However, in the interest of the City of Blair, employees shall reside in proximity to the City of Blair so that the maximum. allowable response time for all City employees, from their residence, shall be thirty (30) minutes from time of notification. Response time shall mean the time elapsing between an employee's receipt of an emergency notification from the employee's supervisor or the supervisors representative and the employee's arrival at the employee's duty station. It shall be the duty of each department to maintain the response time of his/her employees and to immediately report any violation or discrepancy to the City Administrator." 8.9 -Holidays If Christmas Eve Day is on a normal business week day (Mon-Fri), then the partial day, commencing at 12:00 o'clock P.M. (noon) of Christmas Eve Day shall be an official holiday for all employees and officials of the City government; provided however, any shift workers required to work to maintain the essential City functions (Water Treatment Plant and Law Enforcement) shall receive four (4) hours Holiday pay at their regular pay rate. 895 Maternity/Paternity Leave The Personnel Manual is hereby amended to -1- .: add the following section, tawit: «~a~ 8 `9S Matern.,.ity~a...~4' ~sVe Employees shall be entitled to use accrued. sick eave, .accrued vacation leave or may request leave of absence without pay: for the following reasons, to-wit: a) Female employees shall, upon birth of theix child, be allowed up o six (6) weeks leave of absence {equivalent to forty (4U) hours per week for fuh tune employees or 240 hours). Female: employees may utilize accrued sick leave and, vacation leave. during this period of time and may also utilize leave of absence without pay. b) Male employees shall be entitled to use accrued sick leave for the day of birth of their child and the day of discharge from the hospital for their child. No further sick -leave will be authorized in regard to the birth of their child unless .emergency.. Gaze is required by the mother or infant while hospitalized. Sick leave for home raze shall not be permitted under any' circumstances " 14.2 (c} Compensatory Time. Section 14.2 (c) is hereby rescinded and deleted in its entirety in the Fersonnel Manual and the , Personnel Manual is hereby amended to replace Section 14.2(c) with the: following, to-wit: "c. Compensatory time maybe used in lieu of overtime compensation when in the best ..interest of the City and the employee Compensatory time-will be awarded at-:one and one-half times the actual hours worked as accumulaxed in accordance with the Federal Fair Labor Standards Act. `Such compensatory time maybe utilized. when .,2_ , authorized by the department head based upon consideration of operational requirements and when beneficial to the employee; provided however, the following restrictions shall apply to the amount of compensatory time which maybe used in lieu of overtime compensation, to-wit: 1. No employee shall be allowed to carry over more than sixteen (16) hours of compensatory time from one pay period to the next; 2. All compensatory time shall be used prior to vacation leave being utilized; 3. Any employees with more than sixteen (16) hours of accrued compensatory time as of October 1, 1997 shall have one (1) year to use the compensatory time in excess of sixteen (16) hours; provided further that during this transition period, employees shall use such compensatory time prior to vacation leave being utilized." 14.5 (a) Clothing/Uniform Allowance Law enforcement employee clothing and uniform allowance shall be increased to the sum of $800.00 per year per employee. 15.4 Milage Reimbursement The out of town milage reimbursement rate for those employees eligible and using their own vehicle shall be increased from the current $.20 per mile to $.27 per mile. 14.1 Pay Day Section 14.1 Pay Day shall be amended to add the following sentence thereto, to-wit: "The City shall make all wage or salary payments by automatic deposit into a maximum of two accounts per employee. All employees shall notify City, on forms provided by City, of their specific account information. Employees will be furnished with a payroll stub showing the amount of their wage or salary and any accumulated leave. -3- >• `! 4 RESOLUTION 1997- 5 0 COUNCILMEMBER R E A L P H INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has be presented with an Interlocal Agreement between the City of Blair, Nebraska and the Counties of Dodge and Burt and the Cities of Hooper, Scribner and Fremont for creation of III Corps Agency for the purpose of inter- jurisdictional drug enforcement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Inter-local Agreement attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that maybe necessary for approval of said agreement. BE IT FURTHER RESOLVED that upon execution of the attached Interlocal Cooperation Agreement by all of the parties thereto, the representatives of the City of Blair, Nebraska, be and hereby are authorized to pay the sum of $6,721.00 to the III Corps Administration, which sum represents the City of Blair's share of expenses for 1997-1998 fiscal year. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER S h o t w e l l .UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Boeka, Kros, Real ph, Reph, Rzan and S h o t w e l l VOTIl~TG "AYE", AND COUNCILMEMBERS Non e VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 2 3 r d DAY OF September , 1997. CITY OF BLA]R, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: ALICE ~~~ ~~N, CITY CLERK core ~~ o ~ ° L ~ ~ ®o _ STt~~'EE OFF ®~ ®~®a ®~ eo~,d96om~~®®®~~ ~ :SS: WASH~~®®aaea~ TY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23rd day of September , 1997. ALICE I. DIEDRICHSEN, CITY CLERK :. r~. y ~- 11A01U11 U~p INTSRLOCAL COOP$RATION AGRSSMFsNT .Pursuant to Neb. Rev, Stat. 13-801 et secy. (Reissue 1991), it is hereby agreed by and between the below listed counties and cities, that the counties and cities shall hereby enter into an interlocal cooperation agreement consistent with the Interlocal Cooperation Act and with the following terms and conditions to wit; ~.. The counties and cities included within this agreement are as follows: Counties of Dodge and Burt and the cities of Hooper/Scribner, Fremont and Blair. 2. The purpose of this agreement shall be to identify, apprehend and facilitate the prosecution of drug dealers and offenders within the area set forth above. The law enforcement agencies included within the described jurisdictions above will be participating in such drug enforcement and shall comprise a group known as III CORPS. 3. This agreement shall be made by and between III CORPS and the aforementioned agencies and shall take effect on October 1, 1997, and shall terminate upon exhaustion of funds for. its purpose. as provided in Nebraska Commission on Law Enforcement and Criminal Justice Grant #97-DA-302 which is/are incorporated herein. by this reference, and it may be renewed, modified, extended or continued, unless earlier termination is agreed to by-and-between the parties as provided herein, and it may be renewed, modified, extended or continued_ 4. At any time during the operative dates of this agreement, any member of this compact that wishes to terminate their participation in the compact may da so by providing written notice of such intent not less than sixty. (60) days prior to said termination. Notice shall be given to the established Board at a regular scheduled meeting. 5. III CORPS will establish a Board which shall be a committee that will be responsible to oversee and establish priority cases for the III CORPS officers. This Board will also decide policy issues and ensure that the III CORPS officers are following established guidelines adopted by III CORPS. The III CORPS Board shall be comprised of a representative and one alternate from each member agency. The member of the Committee shall be agreed to by the local law enforcement agency heads, the respective agencies. The term of the member shall be one year, however, the member may be reappointed. 6. Each party to this agreement shall be responsible for supplying sufficient man dower necessary to ensure the reasonable safety of the investigators. Each member of the agreement shall also be responsible for supplying manpower to assist investigators with the execution of search warrants, arrest warrants, and other investigative activities as may be required. However, in no event .shall .n ~ '- INT`SRLOCAL COOPERATION AGREEI~~NT liability arise to any party of this agreement for harm sustained by an officer who is engaged in activity pursuant to III CORPS and each party hereto agrees to hold .all other parties harmless for injury,. death, earning impairment, bodily disfigurement, or other physical and metal disability incurred by an officer while engaged in III CORPS, activities. 7. It is further understood and agreed that the prerogatives and responsibilities of supervision and/or discipline of personnel of III CORPS members acting hereunder shall at all times remain the responsibility-and right of the III CORPS members respectively. 8. It is further understood and agreed between the parties that the personnel of the III CORPS member who, may from time to time, act in purported furtherance of this Agreement whether singly or in concert with or without actual implied authorization, rPmai~ at all times and for all purposes the employees of their respective .employers, and such agency/employers shall be solely responsible and accountable for their own employees and their employees acts-and omissions. 9. Personnel of III CORPS and III CORPS members shall forward reports, records, etc. as may be applicable in reference to any investigative work and provide assistance to local law enforcement personnel supplied by III CORPS and its members. 10. It is further agreed and understood that III CORPS members and their respective personnel acting in furtherance of this agreement, whether in an investigative or support capacity, shall, at all times, comply with all policies procedures and guidelines of III CORPS now or hereafter established. 11. Except as otherwise provided, equipment of III CORPS and III CORPS members, which may be utilized in furtherance of this Agreement, shall at all times remain the property of the contributing agency which shall be sole responsible for maintenance, repair, ordinarx wear and tear, and damage, absent gross negligence or willful act of another. 12. The III CORPS Board shall meet bi-monthly to discuss on-going investigations, to review activity by the III CORPS officers, and provide assistance to such officers. The bi-monthly meetings shall be held at a time and place to be set by the Board. The Board shall elect a chairman to lead each meeting and ensure that an agenda is followed. The term of this chairman shall be one year. Re-election of an existing chairman is allowed. The III CORPS chairman shall have the authority to act an behalf of III CORPS concerning matters of contractual agreements. In no event shall any party to this agreement be liable for debts of ~ ~ ,y INTSRLOCAL C~PLR.ATION AGR$~NT III CORPS in excess of III CORPS budget. All matters of expenditures shall be the decision of the III CORPS Board. 13. Reports pertaining to any property seized and subject to potential forfeiture shall be submitted immediately upon seizure to the appropriate federal ,justice agencies if III CORPS acts in concert w~.th Federal agents. All forfeitures obtained through III CORPS resources shall be considered income from the III CORPS program. If an individual agency action results in a forfeiture, and the action did not involue federally funded activities, the forfeiture proceeds may be disbursed pursuant to statutory guidelines without classification as program income for grant. purposes. 14. It is further agreed and understood that the parties hereto and the III CORPS members will cooperate in all respects to enhance the furtherance of the purpose of III CORPS and this Agreement will be liberally. construed to that end. 15. The grant application shall become a part of this Agreement. The budget submitted-and approved by the Nebraska Crime Commission as part of the grant shall become the operating budget of III CORPS. Any variations in budget or procedures will be consistent with State and Federal guidelines, as per grant requirements, and agreed upon by a majority of committee members. 16. It is further understood and agreed that should funding of III CORPS grant be reduced or eliminated, or legislative or judicial action prevent any party~s ability to perform hereunder, that this Agreement shall terminate forthwith and. hence forth be null and void, Provisions relating to aduance notice of termination herein before set forth shall not apply to this paragraph. Upon termination of this Agreement as set forth in this paragraph, all proceeds and receipts shall be returned to the various III CORPS members on proportionate basis to their contributions. 17. The resolutions passed by the political subdivisions of the III. CORPS Member agencies. will. became a part of this agreement by reference and hereto attached. ,~ .. ~. ~ ,_ TN'rBRLO~'nr• COOPTRATION AGRS~NT SIGNA7.'QR8 PAiGl3 (Interlocal Drug Ta.~sk Force Agreet ) RANDAL WILDMAN DAN. M. W~DLE Burt..County Sheriff Dodge County Sheriff Date Date TIMOTSY M[Tl,LBmT 'BARRY J. GILLWAY Fremont Police .Chief Hooper Scribner Police Date Date MICBASL'MINBS Mayor, City' of Bair 9~~-~~ Date k K k; RESOLUTION N0. 1997-51 COUNCILMAN ABBOTT-INTRODUCED THE FOLLOWING RESOLUTION; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE-CITY OF BLAIR, NEBRASKA AS FOL'Lt}WS: Section i. The Mayor and City Council hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of the City of Blair, Nebraska have received bids for Street Improvement District No. 175 and th~.t of such bids, the bid of Luxa Construction Co. , Blair in the amount of 590,.022.77. is-the lowest and best bid received and that said bid is hereby accepted and approved. Section 2. The Mayor and. City Clerk are hereby authorized to enter into and execute a contract with said bidder for said work, said contract to be in form as approved by the City's Attorney.- Councilman Kros moved-that the Resolution be adopted as read, which motion was seconded by Councilman-Betts.- -Upon roll call, Councilmen Abbott, Betts, Boeka, Kros, Reaiph, Reeh, Ryan and Shotweil voting Aye, and Councilmen None voting Nay. The Mayor declared the foregoing Resolution was passed and adopted this I4th day of October, 1997. ATTEST: Alice I. Diedrichs City Clerk CITY OF BLAIR, NEBRASKA .._. Michael A. Mines, Mayor C11YOf {Seal ) :~ : a~~e~L : ~` LI1L^1~H ~~`'~J ., i 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 14thdayof October, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION NO. 199?-52 COUNCILMAN ABBOTT INTRODUCED THE FOLLOWING RESOLUTIt?N: NOW, THEREFORE, 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 advertised public bidding as required by law, the Mayor and City Council of the City of Blair, Nebraska have received bids for Sanitary Sewer Eartension Distr~.ct Ptta. ~5 and that of such bids, the bid of Luau Construction Co., Blair in the amount of $33,437.57 is the lowest and best bid received and that.said bid is hereby accepted and approved.. Section 2. The Mayor and City Clerk are hereby authorized to enter-into and eacecute a contract with said bidder for-said work, said contract to be in form as approved by the City's Attorney. Councilman pros moved that the Resolution be adopted as read, which motion was seconded by Councilman Betts. Upon roll call, Councilmen Abbott, Betts, Boeka, Rros, Realph, Reeh, Ryan and Shotweil voting .Aye, aa~d Councilmen None voting Nay. The. Mayor dec-fared the foregoing Resolution was passed and adopted this 14th day of October, 199?. ATTEST: ~~ _ „ Gl . Alice I. Diedr City Clerk (~~al} CITY OF BLAIR, NEBRASKA ~---- Michael A. Mines, Mayor ~: CITY ®F °•~ • e ~ v SAL ~ FlrzsT cuss ®°®e 1961 ~+®' m ~•®L®e®°a~ ®,o,,,,e®ae®0® 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 regulaz meeting of the Mayor and City Council of said City held on the 14thdayof October, 19.97. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESt~LUTION NO, 1397-53 ' COUNCILMAN ABB~:ITT INTRODUCED THE FOLLOATTNt~ RESOLUTION: R NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL 9F THE CITY OF BLAIR, NEBRASKA AS FOLLQ~TS: Section 1. The Mayor and City Council hereby find and determine that pursuant t~sadvertised public bidding as rewired by 1 aw, the Mayor and City Cvunci 1 of .the City of B1 ai r, Nebraska .have received bids fnr Water Extension District No. 37 ..and that of such bids, the bid of Luxa Construction Co., Blair in the amount ®f ~13,~0?.Stl is the lowest and best bid received and that said bid is hereby accepted and approved. Section ~. The Mayor and City Clerk are hereby .authorized to enter into .and execute a contract with said bidder for said. work, said contract to be in form as approved by the City's Attorney. Councilman Kros moved that the Resolution be adopted as read, which motion was seconded by Councilman Betts. Upon roll call, Councilmen Abbott, Betts, Boeka, Rros, Realph, Reeh, Ryan and Shotwell voting Aye, and Councilmen None. voting Nay. The Mayor declared the foregoing Resolution was passed and adopted this 14th day of October, 139?. CITY OF BLAIR, NEBRASKA $~~ cif ~/_~-n~~'^\_ Michael A. Mines, ayor ATTEST: n r ~ A1~~~~'~; ; ~° ~,ichsen CITY ®~ a 1 }~~~Ir ~1~'cr~ss ,.... 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 l~Iayor and City Council of said City held on the 14thdayof October, 1997. ~~~~~,,~.~~~D~ ALICE I. DIEDRICHSEN, CITY CLERK -~- " °' rr~ ~ RESOLUTION 1997 - 5 4 COUNCILMEMBER K R 0 S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Open Meetings Law requires that local governing bodies conduct their business, with limited exceptions, in open sessions; and WHEREAS, the Agenda for the City Council Meeting provides the Public with notice of matters before it and affords residents the opportunity to offer input and to participate in the governing process; provided however, that on many occasions, there are items of a routine, non- controversial nature which may reasonably be expected to be approved by the City Council without fixrther debate or Public comment and it would be in the Public interest to place such items on a Consent Agenda for action as a single item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that the City Council Rules and Procedures governing the proceedings of the City Council of Blair, Nebraska, are hereby amended to provide that agenda items of a routine, non-controversial nature which may reasonably be expected to be approved by the City Council without further debate or public comment may be placed on a Consent Agenda for action as a single item. The responsibility of setting the Consent Agenda shall lie with the City Administrator, with the approval of the Mayor or City Council President. At any time prior to the vote on the Consent Agenda, any item listed thereon may be removed at the request of the Mayor or any member of the City Council for separate action. -1- ., • ~ - i a -~ ~ • COUNCILMEMBER Betts MOVED THAT THE RESOLUTION BE ADOPTED, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER B o e k e r .UPON ROLL CALL, COUNCILMEMBERS Abbott Betts Boeka Kros Real h Reeh R an and Shotwell VOTING "AYE", AND COUNCILMEMBERS VOTING "NAY", THE Ch[~~l[RMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED 'THIS 14th DAY OF OCTOBER, 1997. CITY OF BLAIR, NEBRASKA MICHAE A. MINES, MAYOR ATTEST:. ~.~~o ~Q~~ ~a~ .ate 9 %e ~ ALICE I. DIEDRICHSEN, CI,T~~ieiG',I..RRK ®~®®~® ~~ o®,®®..®.~ (SEAL) ®® Q' CmlA~ ~~L ~ STATE OF NEBRASA°®~~ F~{~sT-S5 WASHINGTON Alice 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 the City of Blair, Nebraska held on the 14th day of October, 1997. r ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION NO. 1997 - 5 5 COUNCILMEMBER K R o S INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Supplemental Agreement for resurfacing of a portion of U. S. Highway No. 30 in Blair, Nebraska. WHEREAS, the Supplemental Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the improvement of U. S. Highway No. 30 in Blair, Nebraska is to be added to the Agreement for designated Project No. RD-30-7 (1011) entered into between the City of Blair, Nebraska and the State of Nebraska, Department of roads on August 12, 1997 and August 22, 1997, respectively, to include the following, to- wn: U. S. Highway 30 -Clark Street to junction of Highway N-133; Profile existing surface and overlay with asphaltic surface. WHEREAS, that except as specifically amended by said Supplemental Agreement, all terms and conditions of the Agreement executed by the City of Blair, Nebraska August 12, 1997 and by the State of Nebraska, Department of Roads August 22, 1997, shall remain in full force and said Supplemental Agreement is acceptable to the Mayor and City Council of the City of Blair, Nebraska. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Supplemental~~I~,Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Ro~.ds which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. -1- II'~ ~, .. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Supplemental Agreement on behalf of the municipality. COUNCILMEMBER _ Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts .UPON ROLL CALL, COUNCIL- MEMBERS Abbott Betts Boeka Kros Real ChntwAll VOTING"AYE" AND COUNCILMEMBERS ni ,. ~ ,. DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS ~4 t h DAY OF OCTOBER, 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK ®®®®®m®®®~®~`~ ~~ i (SEAL) •~•°•',•, ~° ~® qTY ~F ~a ® ~L ~ q b a ~s c ®® ®~ ~~~®~, ~®°®~®dsg®®d®p®®® ~®~~~®~ -2- ~- STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of October, 1997. ALICE I. DIEDRICHSEN; CITY CLERK -3- SUPPLEMENTAL AGREEMENT NO. 1 PROJECT NO. RD-30-7(1011), STATE CONTROL NO.21873 CITY OF BLAtR STATE OF NEBRASKA, DEPARTMENT OF ROADS FISCAL YEAR 1999 RESURFACING PROJECT ~ Y'' SELECTED HIGHWAYS J THIS SUPPLEMENTAL AGREEMENT, entered. into between the City of Blair, Nebraska, hereinafter referred to as the °City", and the State of Nebraska, Department of Roads, hereinafter referred tows the "State", and ~~ WITNESSETH: WHEREAS, the parties hereto entered into an agreement executed by the City 1 August 92, 1997 and by the State August 22, 1987, providing for construction of Project No. RD-30-7(1011j, and t '~ WHEREAS, it becomes necessary that said agreement be supplemented to expand the '' ` work to be accomplished and increase the State's maximum share of the actual construction cost of said project: .NOW THEREFgRE, in consideration of these facts, the parties hereto agree as follows: I ,~~ ` SECTION 1. The City and State agree that the following highway resurfaang work is hereby R~ . added to Project. No. RD-30-7(1011): fa Highway US-30 -Clark Street to junction of Highway N-133. Profile existing surface and overlay with asphaltic surface. ~: E TiON 2. The City and State further agree that the State's maximum share of the actual costs under this agreement is increased to $225,000.00, which sum shall not be exceeded. ~' ~ SECTION 3. Except as specifically amended by this Supplemental Agreement, all terms and conditions of the agreement executed by the City August 12, 1997 and by the State I' ~ August 22, 1997, shall remain in full force and effect. ~r~ r :~ ~i F'~ C ":; rr ., -., ~~ . ..._ .A.,.--~-F--~ - ~v- IN WITNESS WHEREOF, the parries hereto have caused these presents to be executed C,,i by their proper officials thereunto duly authorized as of the dates below indicated. ' EXECUTED 6y the City this t Q t h day of __p c t n h a r , 1 g a„ J ~ . ,~ ~Z• ATTEST: ~~ ` ~ CITY OF GLAIR ~~ ~, ; ~«~ Clerk Alice I. Diedrichs - en I ayor ichael A. Mines ;~ EXECUTED by the State this day of ~'~tTl~zy1-~`t~~ , 19~,. F~ STATE OF NEBRASKA DERARTMENTOF ROADS ~' ~., E ~ D uty hector-Engineering 7 C MENDED: 1 Di Engin ~;a AGR1-DAlms s Project No. RD-30-7(1011) _ 2 _ City of Blair w'~ . ~ IN~~~~ RESOLUTION NO. 1997- 56 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-Z 17 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. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that two (2) stop signs shall be placed at the intersection of Adams Street and 14~' Street for the purpose of stopping northbound and southbound traffic onto Adams Street: in the City of Blair, Nebraska. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution it shall be unlawful for any person to fall, neglect or refuse to comply with any such stop sign. COUNCH,MEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts .UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts. Boeka, Rros. Realph. Reeh,_Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED 'AND APPROVED THIS 28th DAY OF OCTOBER, 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR -1- ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :SS: WASHINGTON COUNTY ) ~. Ij ~ FIRST CLASS e® 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 28:th day of October, 1997. ALICE I. DIEDRICHSEN, CITY CLERK -2- RESOLUTION NO. 1997 - 57 COUNCILMEMBER RESOLUTION: KROs INTRODUCED THE FOLLOWING WHEREAS, the City of Blair, Nebraska has entered into an Agreement with the Village of Kennard, Nebraska, contracting for the services of a Building Inspector to be provided by the City of Blair to the Village of Kennard. WHEREAS, the Agreement between the City of Blair, Nebraska and the Village of Kennard, Nebraska, contracting for the services of a Building Inspector to be provided by the City of Blair to the Village of Kennard is acceptable 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 City of Blair, Nebraska and the Village of Kennard, Nebraska which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement 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, COUNCIL- MEMBERS Abbott, Betts, Boeka, Kros, Realph, Reeh, Ryan and Shotraell AND COUNCILMEMBERS None VOTING "AYE" VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION. PASSED AND APPROVED THIS 28th DAY OF OCTOBER, 1997. -1- CITY OF BLAIR, NEBRASKA MICHAEL .A. MATES, MAYOR {~" v ~ rt4(~~ ~ ~ ~MI••OMi '+ JAI d a ,` ;LERK~° ~•°, ~ ~ •" a • ~ ~~m tl i {SEAL) i •• ~ y ~p • ~ ~•~ 0 • ~ ~ °weat ~Ri~es STATE OF`NEBRASKA ) as: WASHINGTt?N C4t1NTY . ,.. /~T:TrF T -~~'+~~Qjr'u~~i1tT~..~ta~wo~trntirF*~i~`ion 4~lnn+ol~e ~n41yo r1..1<.........:..+...1 ......I:~F:,..-1 .,....1 INTERLOCAL AGREEMENT - This ~grcement made this 28th day of October , 1997, by and between the City of Blair, Nebraska, a governmental subdivision, hereinafter referred to as "City" and the Village of Kennard, Nebraska, a governmental subdivision, hereinafter referred to as "Village". V~JITNESSETH: 1. Village.: hereby: contracts .with City. for: the :services of a Building Inspector. 2. The parties further agree: that :the City shall ,pr©vide a qualified person to perform the: duties of Building Inspector as set forth below. 3. It is agreed by the parties that Village shall: a. Prior to the effective date of this Agreement, ad©gt the same permit fee schedule as in effect for the. City, as amended-.from time to time, said permit-fees to include fees for all building, electrical ,plumbing, etc permits.. b. The Village Clerk shall perform :the initial processing of aU permit . applications and notify the Building Inspector,'in a timely manner, of any .such applications. c. , The Village, through its representatives,', shall make all deternunations in regard to :zoning and`:land -use matters;, d The Village shall be responsible-for the issuance of any permits- after the Building Inspector's review and approval; ~1_ e. The Village shall, prior to the effective date of this Agreement, adopt all building, electrical, plumbing and other codes currently in effect for the City of Blair and Washington County,. as amended from time to time; f. The Village, through its representatives, shall refer all inspection requests to the Building Inspector, in a timely matter,. after approval of any permits; g. The Village, through its representatives, shall collect all required fees. 4. The City agrees to provide the following services: a. Review all site plans to determine conformity with set-back requirements; b. Review all plans and specifications for determination of conformity with all building, electrical, plumbing and other codes in effect; c. Schedule and perform all building, electrical, plumbing and other inspections required to determine conformity with building, electrical, plumbing and other codes in effect; d. Upon final completion of the project to the satisfaction of the Building Inspector, a certificate of completion will be provided to Village. 5. As consideration for the services provided by this Agreement, Village will promptly pay City an amount equal to ninety percent (90%) of all permit fees chargeable pursuant to the applicable codes, excluding the initial issuance fee which shall be retained by Village. 6. It is further agreed by and between the parties that City shall have the direc± supervision and control of such Inspectors on the day to day operational basis and such Inspectors shall be employees of the City of Blair. -2- 7. This Agreement shall be for a term of 12 months commencing on December 1 , 1997 and terminating on December i , 1998; provided however, either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other P~'3'• 8. This Agreement shall be binding upon the successors and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA VILLAGE OF KENNARD, NEBRASKA B~ ~~ ~~~x BY MICHAEL A. MINES, MAYOR CI~[~~IRMAN ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK ATTEST: CLERK -3- _ ~.~~ INTERLOCAL AGREEMENT ~< e. The Village shall, prior to the effective date of this Agreement, adopt all building, electrical, plumbing and other codes currently in effect for the City of Blair and Washington County, as amended from time to time; f. The Village, through its representatives, shall refer all inspection requests tv the Building Inspector, in a timely matter, after approval of any permits; g. The Village, through its representatives, shall collect all required fees. 4. The City agrees to provide the following services: a. Review all site plans to determine conformity with set-back requirements; b. Review all plans and specifications for determination of conformity with all building, electrical, plumbing and other codes in effect; c. Schedule and perform all building, electrical, plumbing and other inspections required to determine conformity with building, electrical, plumbing and other codes in effect; d. Upon final completion of the project to the satisfaction of the Building Inspector, a certificate of completion will be provided to Village. As consideration for the services provided by this Agreement, Village will promptly pay City an amount equal to ninety percent (90%} of all permit fees chargeable pursuant to the applicable codes, excluding the initial issuance fee which shall be retained by Village. 6. It is further agreed by and between the parties that City shall have the direct supervision and control of such Inspectors on the day to day operational basis and such Inspectors shall be employees -of the City of Blair. -2- ;_ 7. This Agreement shall be for a term of 12 months commencing on December 1st ~ 1997 and terminating on November 30 1998; provided however, either parry may terminate this Agreement by .giving thirty (30) days written notice of termination to the other party. 8. This. Agreement shall be binding upon the successors and assigns of all parties hereto. CITY OF BLAIR, NEBRASKA BY MIC L A. MINES, MAYOR ATTEST: ~~~ ALICE I. DIEDRICHSEN, CITY CLERK VILLAGE OF KENNARD, NEBRASKA B ATTEST: ~G -3- RESOLUTION NO. 1997- 58 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. 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 31~` Street and College Drive for the purpose of stopping traffic northbound on 31~` Street in the City of Blair, Nebraska.. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with any such stopsign. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts .UPON ROLL CALL, COUNCILMEMBERS_$~an, Ahhntt, RPttR, Ghntc~Pll,~ Reexi~:amdi,Rea].~nh VOTING "AYE" AND COUNCILMEMBERS Boeka and Kros VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11th DAY OF NOVEMBER, 1997 CITY OF BLAIR, NEBRASKA .~ BY C L A. MINES, MAYOR w ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK ®penote~a®e®~a~ ®~ e®a®~o~q~,,~°®®~ ~a®® ®~ CAN ~~ a m ®~® 9EoF~IVEKA ~iRS~r cuss a .e ~ ® as: ~OLTNTY ) e~®~~Rx,~~~~e~~~ 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 a~,y of November, 1997. ALICE I. DIEDRICHSEN, CITY CLERK R ar RESOLUTION NO. 1997.-59 COUNCILMAN Abbott INTRODUCED THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CTTY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: Section 1. The Mayor and City Council hereby find and determine that pursuant to advertised public bidding as required by law, the Mayor and City Council of the City of Blair, Nebraska have received bids for Street-Improvement District No. 17i and that of such bids, the bid of WeGtPrn F.nginpPring, Omaha ],n tale amount of $ Si.~~~_~S is the lowest and best bid received and that said bid is hereby accepted and approved. Section 2. The Mayor and City Clerk are hereby authorized to enter into-and execute a contract with said bidder for said work, said contract. to be in form as approved by the City's Attorney. Councilman Ryan moved that the Resolution be adopted as .read, .~ .which. mot-ion was seconded bg Councilman Betts Upon .roll call, Counci linen Abbott, Betts. Boeka. Kros. Realy Reeh s.nd Ryan _ voting Aye., and Councilmen Shotwell voting Nay. e~r~,~~~iayor declared the foregaing Resolution was passed and adopted ®,`.a°ey ~~~ hday of November, 1997. ®' ~;• CITY OF '•® •~ ~_ CITY OF BLAIR, NEBRASKA :'~` : S~.~L .` ~ • s r FIRST CLASS e" ®: o ~,. Michael A. Mines, Mayor ~~p .®® o BR~.9x ,d ®00 ~~ydfY~ F'~`~~ A Alice I. Diedrichsen City Clerk (Sear ._a i'' STATE QF PTEBRASKA ss WASH I NGT©N Ct7UNTY ALTCE I. DIEDRICHSEN, hereby certifies that she is the duly appointed,. qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above-and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 25th day of November 1997. ~,C ~~ ` Alice I. Diedrichsen, CMC City Clerk ?~ y RESOLUTION NO. 1997 - 60 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has created Street Improvement District No. 173, Washington Street, in the City of Blair, Washington County, Nebraska which the City of Blair is in the process of issuing bonds to pay for such improvements. WHEREAS, it is anticipated that prior to the issuance and sale of such bonds, certain expenses pertaining to such improvement district will be incurred for which payment should be made prior to issuance and sale of such bonds. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that any expenditures incurred by the City of Blair in regard to Street Improvement District No. 173, including but not limited to engineering expenses, prior to the issuance and sale of bonds, may be paid from the City of Blair funds, pursuant to the normal claim process, and that upon issuance and sale of such bonds, the City of Blair shall be reimbursed from said bond fund for any and all such expenditures. COUNCII,MEMBER R~,a„ MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Boeka .UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts. Boeka, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS -2~th--DAY OF NOVEMBER, 1997. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR -1- „~ ATTEST: ~~~,~ ~ ~~ ALICE I. DIEDRICHSEN, CITY CLERK ®~1®seore®e®s®~ ®o ^ ~. °s 0 ~~&~ ~F ®o ~~ o m n e m o ~ Co FIRSST' cL6~5~~~~~yQa m~ ®~9~a`-.T°A~',.f/~F,.®\LB,I~ASKA ) . 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 25th day of November, 1997. ~~~o~~ ~~~ ~~a~~~~ , ALICE I. DIEDRICHSEN, CITY CLERK. -2- RESOLUTION N0. 1997 - 61 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLA]R, NEBRASKA, AS FOLLOWS: 1. The City of Blair is considering the annexation of and a plan for extending city services to the following described real estate, to-wit: Tax Lots 60 and 61, Section 3, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 63, 73 and 85, Section 2, Township 18 North, Range 11, East of the 6`" P.M., Washington County, Nebraska; Tax Lot 86, Section 2, Township 18 North, Range 11, East of the 6`~ F.M., Washington County, Nebraska; Tax Lots 34 and 56, Section 2, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 217 and 284, Section 11, Township 18 North, Range 11, East of the 6~" P.M., Washington County, Nebraska; Tax Lots 172 and 173,. Section 14, Township 18 North, Range 11, East of the 6~ P.M., Washington County, Nebraska; Tax Lot 233, Section 14, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 72, 186 and 234, Section 14, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska.; Tax Lot 93, Section 23, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lot 97, Section 23, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lot 157, Section 13, Township 18 North, Range 11, East of the 6~' P.M., Washington -1- County, Nebraska; Tax Lot 160, Section 13, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska. 2. A public hearing on the proposed annexation to receive testimony from interested persons will be held before the Mayor and City Council of the City of Blair on January 13 , 1998,. coimmencing at 7:00 o'clock P.M., at the City Council Chambers, City Administration Building, 218 South 16`" Street, Blair, Nebraska 68008. 3. The description of the boundaries proposed for annexation are the outer boundaries of the following described parcels of real estate, to-wit: Tax Lots 60 and 61, Section 3, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 63, 73 and 85, Section 2, Township 18 North, Range 11, East of the 6`" P.M., Washington County, Nebraska; Tax Lot 86, Section 2, Township 18 North, Range 11, East of the 6`~ P.M., Washington County, Nebraska; Tax Lots 34 and 56, Section 2, Township 18 North, Range 11, East of the 6`" P.M., Washington County, Nebraska; Tax Lots 217 and 284, Section 11, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 172 and 173, Section 14, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lot 233, Section 14, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lots 72, 186 and 234, Section 14, Township 18 North, Range 11, East of the 6`~ P.M., Washington County, Nebraska; Tax Lot 93, Section 23, Township 18 North, Range 11, East of the 6`" P.M., Washington County, Nebraska; -2- Tax Lot 97, Section 23, Township 18 North, Range 11, East of the 6~" P.M., Washington County, Nebraska; Tax Lot 157, Section 13, Township 18 North, Range 11, East of the 6~' P.M., Washington County, Nebraska; Tax Lot 160, Section 13, Township 18 North, Range 11, East of the 6`" P.M., Washington County, Nebraska. 4. The plan of the City for extension of City services to the above described real estate is available for inspection during regular business hours in the office of the City Clerk, 218 South 16~' Street, Blair, Nebraska 68008. 5. A map drawn. to scale delineating the land proposed for annexation shall be published with this Resolution. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott .UPON ROLL CALL, COUNCILMEMBERS Abbott, Boeka., Rros, Realph. Reeh,_B~an and shnrwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FORF.C'TniNCI RESOLUTION PASSED AND APPROVED THIS 9th DAY OF December, 1997 CITY OF BLAIlt, NEBRASKA BAY .-~~~~, MICHAEL A. MINES, MAYOR -3- ATTEST: ~J ~ ~®®reaaaaaaa®a ALICE I. DIEDRICHSEN, CITY CLERK ~®®' C,®®®°°®°'°°®®® ®®®, m°°® ®•®° CITY ®F ®°o ®' o • (SEAL) e w m o ® FIRST CLASS , p ° o ®~®®°o~ ®~®®~®,®° 2~~ ®0®®~ 0~s®~^ STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regulaz meeting of the Mayor and City Council of said City, held on the 9th day of fiecember, 199`7 ALICE I. DIEDRICHSEN, CITY CLERK -4- ~ , ~~ ~~ ~- /. ~~~; ,.. ~ ~ '~ i. ~\ _~ ~ ~ _,p , --~ ~,~ ~~ ---- ~ ~ ;, ~ ~ _.,_, ~~ r - ~ J3 ~ j'~ , ,ter' _ e~ >' , d` ~ ~ ~ ~, l ~ _ 4 ~-~, f - ~ ~. ~ ,~ ; _ i _~ '' ~" i--, ~ ~ i ~ t a~ e ._.s __ ~..._...l_. ' . ~._ ~, ,Q ~ ~ ~. ;.~~ ~ ~ i tp .~ ~ ti~~ ~, 0 1 , ry, o L ~, s ~ ~~ s ~~ ~ ~ ;, : <~~~_. ~, e ' - ~~ ~. ..~ , T ~~ o ~ d.. ~` ~~` ~ ~ }. ~~ a ~~ :~; 'tai p ~ 9 r'1 ~ r f ~ ' -at a~ B y~ a ,- ~`