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1998
1998 Resolutions 1. Designation of City Administrator as Official to request Disaster Funds 4358 2. Support of Correction Facility to be built near Fremont 4359 3. Renew Dept of Roads Agreement No. 6 4359 4. Board of Equalization date to levy Districts 169, 170 and 172 4364 5. Dedicating Corey Drive 4364 6. Assessments for Korshoj, PA, WA, Se and Pav 169 & 170 4367 7. Class J LL for Sicllianos 4367 8. One and Six year old Street plan 4369 9. Supplemental Agreement #3 NE Dept of Roads 4369 10. Speed Limit of Butler, Hwy 75 to 16 now 25mph 4369 11. Amendment to Diversion Plan, City Prosecutor 4370 12. Sales Tax 1% to be on Ballet 4372 13. Nebraska St Parking 24-27 both side failed 4372 14. Emergency Response Plan for Nuclear Plant incidents 4372 15. Ridge View Park named in Korshoj Estate 4374 16. lntercreditor Agreement with Wells Fargo Bank, Ag -Bag 4374 17. Developers Agreement for Pleasant Dell 4378 18. Agreement with YMCA to operate Blair Pool 1998 4379 19. Approve Class C LL George's Tavern 4382 20. Supplemental Agreement # 4, Dept of Roads 4383 21. Approving Fees for Water, fill station, meters and Adopt Policy for Water line stop box repair 4384 22. Increase Replat Subdivision fee to $100 + $1.50 ea lot 4388 23. No Parking on west side of 16 St, Lincoln to Grant 4391 24. Adopting police to grind curbs 4391 25. City Prosecutor Agreement 4395 26. Stop signs on Grant Street 10 and 12 4395 27. No Parking during Detour, 1 to Hwy 30, to Grant, to Industrial Rd. to 16 Street. And No Truck Traffic 16 to 19 4396 28. Stop Signs on Detour 4399 29. Easement for Bob Woodhouse, Soren Dr, Outlot 1 Deerfield 4399 30. Honoring Alice Diedrichsen on her retirement 4401 31. Agreement between City of Blair and Washington County 4414 Recycling Association 32. Creating a violations bureau to assess and collection of fines 4414 for nuisance violations and to establish a uniform schedule of fines L a 11 ,I 11, II 1 11Wig 00 i1, 33. Placement of stop signs at 13 Street and Adams Street, 14 4414 Avenue and Adams Street and 15 Street and Adams Street 34. Calling outstanding sewer system revenue anticipation notes. 4417 35. Interlocal Agreement with Blair Rural Fire District 4418 36. Set Airport Authority Levy 4419 37. Set different levy from FY 97 -98 for County Board of Equal. 4421 38. Interlocal Agreement with Village of Arlington for Electrical 4426 Inspector Service 39. Bypass Feasibility Study 4431 40. Update Blair Police Department Rules & Regulations, Policies 4433 and Procedures. 41. Easement for sign on city right of way for Deerfield Sign 4436 42. Set date for special assessments in Pleasant Valley. 4441 43. Support Legislative Resolution No. 428 for interim study 4441 regarding enforcement by law enforcement agencies on persons without proper insurance or valid drivers license. 44. Designate compact car parking on front street between 4442 16 & 17 Street in front of mail drop boxes. 45. Apply for assistance from Transportation Enhancement Program 4442 for constructing a trail system in Blair. 46. Approve LEOP plan 4442 47. Set Assessments for Street Improvement District #175, 4444 Sanitary Sewer Extension District #56, Water Extension District No. 37 48. Call outstanding Water System Revenue Refunding Bonds, 4447 Series 1992. 49. Clarifying funds as property of the Blair Fire and Rescue 4448 Volunteers RESOLUTION 1998- 1 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has requested fmancial assistance under the President's Disaster Relief Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA THAT, Rodney Storm, Blair City Administrator, is hereby authorized to execute for and in behalf of the above public entity established under the laws of the State of Nebraska, this application in the appropriate State office for the purpose of obtaining certain Federal/State financial assistance under the President's Disaster Relief Fund (PL -93 -288, as amended) and the Governor's Emergency Fund (R.R.S.81- 829 -42). NOW THEREFORE BE IT RESOLVED THAT THE CITY OF BLAIR, NEBRASKA, a public entity established under the laws of Nebraska, hereby authorizes its agent to provide to the State, all documents on matters pertaining to such Disaster Assistance as may be required. COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED, 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 CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13th DAY OF JANUARY, 1998. ATTEST: &ham .4„ � 1J ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA CITY OF BLAIR, NEBRASKA — MICHAEL A. A. MINES, MAYOR O 4 ° % ,mss w ,1w c RST ° FI CLASS 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 13th day of January, 1998. ALICE I. DIEDRICHSEN, CITY CLERK 1111 Hi II RESOLUTION NO. 1998- 2 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska is proposing to construct a new $73.9 million, 960 - bed, maximum - medium security adult correctional facility and is soliciting applications statewide for a community or area to host the location of said facility; and WHEREAS, The Fremont City Council and Dodge County Board of Supervisors have passed resolution of support to host the location of this facility in the Fremont area, i.e. within a mile of the corporate limits of Fremont, Nebraska; and WHEREAS, Fremont Area Correctional Facility Organization's (FACFO) findings indicate significant economic and demographic impacts for the Fremont community and other communities within a fifty (50) mile radius through the year 2005 such as: (1) generation of 630 to 772 new full -time jobs, (2) creation of $21 million to $28 million additional annual income, (3) facilitation of $27 million to 39 million in new housing construction, and generation of 838 to 1,125 new residents, and WHEREAS, it has been found by FACFO that the location of said correctional facility in the Fremont area will not have a significant impact on the net expenditures for public services, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that it encourage and support the location of the proposed new $73.9 million, 960 -bed, maximum- medium security adult correctional facility in the Fremont area. COUNCILMEMBER Bet G MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, _Bette. Rneka, Kroe, Realph. Reeh. Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS none VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13th DAY OF JANUARY, 1998. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of the City of Blair Nebraska, held on the 13th CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ° 909 ` ® B 0 �1. Od, [ ���I O n a 4 : s CITY OF .• • e • SEAL • e • • • • FIRST CLASS • a ° °. 1961 .s� O •�•.... P day of January, 1998. (I de, ,2DiG z,_,-.42-2) ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998- 3 COUNCILMEMBER KROS 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 of Blair. WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City 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 Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts • , , ' . UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Boeka, Kros. Realnh. Re eh. Ilya ^and Shotwell COUNCILMEMBERS none VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13th DAY OF ANTJARY,1998. O CITY OF '. • m o SEAL • m s ® FIRST CLASS 0 O X00 IQ61 �• p4 °o 'v'�z � es � � O m� a/9--(.40' ,„ ;Aaa Y ' i a o o�eeK� e."' /f ALICE 1. DIEDRICI-ISEN, CITY CLERK ATTEST: (SEAL) VOTING "AYE" AND CITY OF BLAIR, NEBRASKA pit MIC L .� A. MINES, IVTAY6R __ STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska held on the 13th day of November, 1997. ALICE I. DIEDRICHSEN, CITY CLERK Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair We hereby certify that all roadway surface maintenance has been accomplished as per terms of the Maintenance Agreement specified above. As per SECTION' 7d. of the Agreement, we are submitting this certificate to District Engineer John R. Jacobsen, Nebraska Department of Roads, PO Box 37461, Omaha, Nebraska 68137. ATTEST: City Clerk Alice CERTIFICATE OF COMPLIANCE . Diedrichsen Maintenance Agreement No. 6 14 day of January , 199a____. Mayor Michael A. Mines I hereby certify that roadway surface maintenance was performed as per the above listed Agreement and payment for the same should be made. District Engineer, Dept. of Roads Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair We hereby agree that Maintenance Agreement No. 6 ., as described above, be renewed for the period January 1. 1.9_Q8to p+areimbor �1 _ 1 QQB. All figures, terms, and exhibits to remain in effect as per the original agree- ment, dated November 22.. 1994. 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 District Engineer ATTEST: Maintenance Agreement No. 6 AGREEMENT RENEWAL 13th day of January , 1�8 STATE OF NEBRASKA DEPARTMENT OF ROADS Maintenance Manager CITY OF BLAIR. NEBRASKA ity Clerk Alice I. Diedrichsen Mayor Michael A. Mines 4 Via FOB State Department of Roads John R. Jacobsen P 0 Box 37461 Omaha NE 68137 Description Item Number MAINTENANCE AGREEMENT NO. 6 1/1/97 TO 12/31/97 0400041303 City of Blair 218 S 16th St. Blair, Nebraska 68008 Phone : (402) 426 -4191 Fax : (402) Terms 0 /0TH /N30TH 426 -4195 INVOICE Date : 01/15/98 No. : 6 Due Date: 01/31/98 Page: 1 Ship To /Remarks Your# Our# Quantity Unit Price Extended Measure Discount 13632.50 Sub -Total : Tax Total Net To Pay: Rep. 13632.50 0.00 13632.50 13632.50 February RESOLUTION NO. 1998- 4 COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the proposed schedules for special assessments against properties in Paving District No. 169, 170 and 172, Water Extension District No. 35, and Sanitary Sewer Extension No. 54 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at City Council Chambers, 218 South 16th Street, Blair, Nebraska, on the 24th day of , 1998, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefitted by the improvements in Paving District No. 169, 170 and 172, Water Extension District No. 35, and Sanitary Sewer Extension District No. 54; that notice of the time of holding such meeting and the purpose for which it is held shall, be published in the Enterprise, a legal newspaper published and of general circulation in the City at least ten (10) days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. COUNCILMEMBER Reeh MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Boeka, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE IVIAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED MS 10th DAY OF _20 , 1998. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution, was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 10th day o f February 1998. CITY OF BLAIR, NEBRASKA CHAEL A. MINES, MAYOR I � � C� of • 3 1 * s 4 SEAL , FIRST CLASS/ BR o R 0* •ss ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION 1998 - 5 COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska is fee simple title owner to Tax Lot 82 in Section 1, Township 18 North, Range 11 East of the 6 P. M., City of Blair, Washington County, Nebraska, said description being a portion of Corey Drive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL of the City of Blair, Nebraska, that Tax Lot 82 in Section 1, Township 18 North, Range 11 East of the 6` P. M., City of Blair, Washington County, Nebraska is hereby dedicated to the public for the use as a public street and right of way, currently known as Corey Drive. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Betts . UPON ROLL CALL, COUNCILMEMBERS Abbott. Betts. Boeka. Kros. Realph. Reeh. Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE CHAIRMAN DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS i ntH DAY OF FEBRUARY, 1998. ATTEST: Lca, Dez, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA � 0� et , � �� • ,,+ r ss• cr t of • ' .3 * w _ SEAL ; *? 6 • a FIRST CLASS /961 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 10th day of February, 1998. q j ) ' tJ ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER ABBOTT RESOLUTION: RESOLUTION NO. 1998 - INTRODUCED THE FOLLOWING SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Paving District Nos. 169,170 and 172, Sanitary Sewer Extension District No. 54 and Water Extension District No. 35 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Paving District Nos. 169, 170 and 172, Sanitary Sewer Extension Nos, 54 and Water Extension District No. 35 have been specially benefitted 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 Districts Nos. 169, 170 and 172, Sanitary Sewer Districts No. 54 and Water Extension District No. 35. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments, any may be paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Paving District Nos. 169,170 and 172, Sanitary Sewer Extension District No. 54 and Water Extension District No 35 shall become delinquent in ten (10) equal installments, as follows: 1 /10th - April 15, 1998 1 /10th. - one year from date hereof 1/10th - two years from date hereof 1/10th - three years from date hereof 1 /10th - four years from date hereof 1/10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1/10th - eight years from date hereof 1 /10th - nine years from date hereof SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection. SECTION 4. The Schedules of proposed assessments with any changes therein as heretofore directed by the Board shall be attached to and made part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCILMEMBER RROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN . UPON ROLL CALL, COUNCILMEMBERS _AR ROTT BETTS. RROS, REALPH REEH, RYAN AND SHOTWELL VOTING "AYE" AND COUNCILMEMBBRS NONE VOTING NAY. MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24Th DAY OF FEBRUARY, 1998. -2- CITY OF BLAIR, NEBRASKA L A. MINES, MAYOR ATTEST: 4-1R;d4b.4„.e.-te,404) ALICE DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) :ss: , 4,41:1 0 F 844 s SC>:.•••• ** ' ... 0 ''•• .. -. - .1 : zt. : CITYOF .4 4. Ir % • : • * F.*: : SEAL :*1 s t • FIRST CUM : „t 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 24th day of February, -3- ALICE L DIEDRICHSEll, CITY CLERK NOTICE OF HEARING ON SPECIAL ASSESSMENTS IN PAVING DISTRICT NOS. 169,170 AND 172, SANITARY SEWER EXTENSION DISTRICT NO.54 AND WATER EXTENSION DISTRICT NO.35 BLAIR, WASHINGTON COUNTY, NEBRASKA Notice is hereby given to all persons owning, occupying or interested in lots or parcels of land located in Paving District Nos. 169, 170 and 172, Sanitary Sewer Extension District No. 54 and Water Extension District No. 35 of Blair, Nebraska, that on February 24. 1998, at 7 o'clock P.M., at 218 South 16th Street, a special meeting 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 Nos. 169, 170 and 172, Sanitary Sewer Extension District No. 54 and Water Extension District No. 35. The property subject to assessments in Paving District Nos. 169 and 170 is described in Ordinance No. 1781 of the City which was adopted on April 9, 1996. The property subject 'to assessments in Paving District No. 172 is described in Ordinance No. 1810 of the City which was adopted on July 8, 1997. The property subject to assessments in Sanitary Sewer Extension District No. 54 is described in Ordinance No. 1809 of the City which was adopted on July 8, 1997. The property subject to assessments in Water Extension District No. 35 is described in Ordinance No. 1808 of the City which was adopted on July 8, 1997. At such meeting all persons interested may appear and make objection to such assessments. A map of the property in said Districts and the proposed schedule of assessments in said Districts are available for inspection at the office of the City Clerk. Copies of said Ordinances are 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 10th i ' — " ""` "' "`'' "'BlYilillYllrVIIVY6YNfl !I II hhi id Mind I LI u day of February , 1998. City Clerk Alice I. Diedrichsen MM KIIZICHAM MICHAEL CONSULTING ENGINEERS February 5, 1998 RE: Special Assessments Street Improvement District No. 172 Korshoj Estates Blair, Nebraska KM- 970443 Mayor and City Council Members City of Blair 218 South 16 Street Blair, Nebraska 68008 Dear Mayor and City Council Members: Shown hereon are the final construction costs and miscellaneous expenses for Street Improvement District No. 172: Construction Cost Item No. Description Quantity Unit 1. Remove Concrete 62.80 SY Pavement 2. Subgrade Preparation 4600.00 SY 3. 6" PCC Concrete 4312.00 SY 4. 4" PCC Concrete 2490.00 SF 5. Curb Inlet, Type IV 1.00 EA 6. 18" RCP Sewer Pipe 400.00 LF 7. 18" RCP Flared End 1.00 EA Section 8. Rip Rap 9. Painted Parking Stripping 10. Adjust Manhole to Grade 11. Van Acc. Handicap Sign 12. Change Order No. 1 Total Construction Costs (Items No. 1 -12) 48.03 TN 1.00 LS 5.00 EA 1.00 EA Omaha • Des Moines • Denver Phoenix • Ellsworth, KS Unit Priee Amount $5.00 $314.00 $0.50 $2,300.00 $19.25 $83,006.00 $2.25 $5,602.50 $1,750.00 $1,750.00 $33.29 $13,316.00 $445.75 $29.40 $220.00 $75.00 $150.00 $445.75 $1,412.08 $220.00 $375.00 $150.00 $1.500.00 $110,391.33 9110 West Dodge Road • P.O. Box 24129 • Omaha, NE 68124 -0129 • (402) 393 -5630 • FAX (402) 255 -3850 Mayor and City Council Members February 5, 1998 Page 2 Enterprise Notice to Construct $23.07 Enterprise Notice of Creation $85.23 Enterprise Ordinance 1810 Create $36.82 Paving District Total Engineering $15,515.32 Total Testing $534.10, Total Miscellaneous Expense $16,194.54 Total Construction Costs $110.391.33 Total District Cost $126,585.87 Mayor and City Council Members February 5, 1998 Page 3 Marvin A. Daniels Assessment Schedule Street Improvement District No. 172 Owner Legal Description Dana College Lot 1, Korshoj Estates Lot 2, Korshoj Estates Lot 3, Korshoj Estates Lot 4, Korshoj Estates Lot 5, Korshoj Estates Lot 6, Korshoj Estates Lot 10, Korshoj Estates Lot 11, Korshoj Estates Lot 12, Korshoj Estates Lot 13, Korshoj Estates Lot 14, Korshoj Estates Lot 15, Korshoj Estates Lot 16, Korshoj Estates Lot 17, Korshoj Estates Lot 18, Korshoj Estates City of Blair Lot 19, Korshoj Estates (including widened parking, sidewalk, striping and sign) Marvin A. Tax Lot 81, Section 1, T18N, Daniels Rl lE of the e P.M., Washington County, Nebraska Tax Lot 83, Section 1, T18N, R1 1E of the 6 P.M., Washington County, Nebraska Assessment Amount $5,600.43 $5,600.43 $5,600.43 $5,600.43 $5,600.43 $5,600.43 $5,600x43 $5,600.43 $5,600.43, $5,600.43 , $5,600.43 $5,600.42 $5,600.42 $5,600.42 $5,600.42 $25,106.16 $8,727.49 $8,745.81 Mayor and City Council Members February 5, 1998 Page 4 If you have any questions in regards to the above information, please call. Sincerely, KIRKHAM MICHAEL Krager III Project Engineer JFK/jflc:dm Copy to: Warren Whitaker - City of Blair J. Adler, D. Miller, D. Walter - KM Omaha &\970443\STENO\street- assess jfk G3� February 5, 1998 RE: KIRKHAM MICHAEL CONSULTING ENGINEERS Special Assessments Water Extension District No. 35 Korshoj Estates Blair, Nebraska KM- 970443 Mayor and City Council Members City of Blair 218 South 16 Street Blair, Nebraska 68008 Dear Mayor and City Council Members: Shown hereon are the final construction costs and miscellaneous expenses for Water Extension District No. 35: Item No. Description Quantity 1. 6" Water Valve 1627.50 2. 6" Gate Valve 4.00 3. 6" Tapping Sleeve and Valve 4. 6" Hydrant Assembly 5. Remove and Replace Concrete Pavement 6. Relocate Existing Hydrant and Valve 7. Change Order No. 1 Total Construction Costs (Items No. 1 -7) Enterprise Notice to Construct Enterprise Ordinance 1808 Create Water District Total Engineering Total Testing Construction Cost 2.00 2.00 88.58 Unit LF EA EA EA SY 1.00 EA Unit Price Amount $9.00 $380.00 $870.00 $1,450.00 $35.00 Total Miscellaneous Expense Total Construction Costs Total District Cost Omaha • Des Moines • Denver Phoenix • Ellsworth, KS $14,647.50 $1,520.00 $1,740.00 $2,900.00 $3,100.30 $900.00 $900.00 $427,64 $25,235.44 $11.78 $52.04 $3,423.83 $504 10 $3,991.75 S25.235.44 $29,227.19 9110 West Dodge Road • P.O. Box 24129 • Omaha, NE 68124 -0129 • (402) 393 -5630 • FAX (402) 255 -3850 Mayor and City Council Members February 5, 1998 Page 2 Assessment Schedule Water District No. 35 Assessment Owner Legal Description Amount Dana College Lot 1, Korshoj Estates $1,226.38 Lot 2, Korshoj Estates $1,226.38 Lot 3, Korshoj Estates $1,226.38 Lot 4, Korshoj Estates $1,226.38 Lot 5, Korshoj Estates $1,226.38 Lot 6, Korshoj Estates $1,226.39 Lot 10, Korshoj Estates $1,226.39 Lot 11, Korshoj Estates $1,226.39 Lot 12, Korshoj Estates $1,226.39 Lot 13, Korshoj Estates $1,226.39 Lot 14, Korshoj Estates $1,226.39 Lot 15, Korshoj Estates $1,226.39 Lot 16, Korshoj Estates $1,226.39 Lot 17, Korshoj Estates $1,226.39 Lot 18, Korshoj Estates $1,226.39 City of Blair Lot 19, Korshoj Estates $6,917.93 (including connector line and valve from 14 Street to Baronage Drive) Marvin A. Tax Lot 81, Section 1, T18N, $1,954.68 Daniels R11E of the 6 P.M., Washington County, Nebraska Marvin A. Tax Lot 83, Section 1, T18N, $1,958.78 Daniels R1 1E of the 6 P.M., Washington County, Nebraska 1XM KIRKHAM MICHAEL CONSULTING ENGINEERS February 5, 1998 RE: Special Assessments Sanitary Sewer District No. 54 Korshoj Estates Blair, Nebraska KM- 970443 Mayor and City Council Members City of Blair 218 South 16 Street Blair, Nebraska 68008 Dear Mayor and City Council Members: Shown hereon are the fmal construction costs and miscellaneous expenses for Sanitary Sewer District No. 54: Construction Cost Item No. Description 1. 8" Sanitary Sewer Pipe 2. 6" Sanitary Sewer Pipe 3. 8 "x 6" Wye Connection 4. 48" Diameter Manhole 5. Remove and Replace Concrete Pavement 6. Change Order No. 1 Total Construction Costs (Items No. 1 -6) Enterprise Notice to Construct Enterprise Ordinance 1809 Create Sewer District Total Engineering Total Testing Quantity 1386.50 716.00 17.00 Unit LF LF EA 65.00 VF 106.44 SY • Total Miscellaneous Expense Total Construction Costs Total District Cost $12.50 $10.50 $55.00 $145.00 $45.00 Omaha • Des Moines • Denver Phoenix • Ellsworth, KS Unit Price Amount $17,331.25 $7,518.00 $935.00 $9,425.00 $4,789.80 $40,926.55 $11.78 $52.53 $4,927.11 $591.60 $5,583.02 $40.926.55 $46,509.57 9110 West Dodge Road • P.O. Box 24129 • Omaha, NE 68124 -0129 • (402) 393 -5630 • FAX (402) 255 -3850 C3� Mayor and City Council Members February 5, 1998 Page 2 Owner Dana College City of Blair Marvin A. Daniels Marvin A. Daniels Assessment Schedule Sanitary Sewer District No. 54 Legal Description Lot 1, Korshoj Estates Lot 2, Korshoj Estates Lot 3,•Korshoj Estates Lot 4, Korshoj Estates Lot 5, Korshoj Estates Lot 6, Korshoj Estates Lot 11, Korshoj Estates Lot 12, Korshoj Estates Lot 13, Korshoj Estates Lot 14, Korshoj Estates Lot 15, Korshoj Estates Lot 16, Korshoj Estates Lot 17, Korshoj Estates Lot 18, Korshoj Estates Lot 19, Korshoj Estates Tax Lot 81, Section 1, T18N, Rl lE of the 6 P.M., Washington County, Nebraska Tax Lot 83, Section 1, T18N, R11E of the 6" P.M., Washington County, Nebraska 1. Assessment Amount $2,432.91 $2,432.91 $2,432.91 $2,432.91 $2,432.91 $2,432.91 $2,432.92 $2,432.92 $2,432.92 $2,432.92 $2,432.92 $2,432.92 $2,432.92 $2,432.92 $4,513.29 $3,963.57 $3,971.89 Mayor and City Council, Shown hereon are the final construction costs and miscellaneous expenses for street improvement District No. 169. Construction Costs Item No. • Description 1. Asphaltic Concrete Base Course 2. Asphaltic Concrete Surface Course 3. 6" PCC Pavement with Integral Curb 4. Unclassified Excavation 5. Concrete Header 6. 24" HPDE Storm Sewer 7. 18" Class IV RCP 8. 24" HPDE Flared End Section 9. 18" RCP Flared End Section 10. 24" CMP 11. Crushed Rock Pipe Bedding 12. 5' x 5' Area Inlet 13. Curb Inlet 14. Gabion Ravett Mattress 15. Adjust Existing Sanitary Sewer Manhole to Grade 16.. Guard Rail 17. Gravel Road Surface 18. Remove concrete Header 19. Remove Existing Sidewalk 20. Dust Control 21.. Sidewalk Wheelchair Ramp 22. Remove PCC Pavement 23. Remove ACC Pavement 24. Concrete Flume 25. Remove 18" CMP 26. Crushed Rock Pipe Bedding Construction Cost Publications Engineering Printing (Plans) Total District Cost $91,047.03 50.59 12,180.82 98.00 $103,376.44 February 2, 1998 Quantity Unit Cost Cost 775.50 TN $24.97 $19,364.24 485.79 TN 28.73 13,956.75 725 SY 28.85 20,916.25 1350 CY 10.80 14,580.00 25 LF 5.15 128.75 160 LF 33.00 5,280.00 32 LE 36.00 1,152.00 1 EA 210.00 210.00 2 EA 360.00 720.00 26 LF 39.25 1,020.50 12 TN 26.00 312.00 1 EA 1,855.00 1,855.00 2 EA 2,320.00 4,640.00 8 CY 130.00 1,040.00 6 EA 210.00 (',260.00 90 LF 17.00 1,530.00 12 TN 17.50 210.00 65 LF 5.50 357.50 16 SF 1.55 24.80 0 HR 35.00 0.00 16 SF 5.00 80.00 60 SY 9.00 540.00 60 SY 11.25 675.00 250 SF 3.85 962.50 45 LF 5.15 231.75 0 TN 26.00 0.00 Total Construction Costs $91,047.03 David L. Bauer Project Engineer Owner City of Blair City of Blair Jesse Robinson and Patricia Robinson Jesse Robinson and Patricia Robinson Kelly Ryan Equipment Company, Inc. Street Improvement District No. 169 Legal Description Total Project except for Cost of Concrete Paving, Grading, Concrete Header And Manhole adjustment on Arthur Street Assessment Schedule Front Footage N/A Cost Per Front N/A Assesed Amount $81,815.22 Intersection Costs at Arthur N/A N/A $ 3,402.21 And Blaine Street. Lot 1, Robinson Square 105.05 $49.20608 $ 5,169.10 Lot 2, Robinson Square 97.98 $49.20608 $ 4,821.21 Tax Lot 204, Section 7, 166.01 $49.20608 $ 8,168.70 T18N, R12E of the 6 P.M. Mayor and City Council, Shown hereon are the final construction costs and miscellaneous expenses for street improvement District No. 170 in the City of Blair. Construction Costs Item No. • Description 1. Asphaltic Concrete Base Course 2. Asphaltic Concrete Surface Course 3. Unclassified Excavation 4. Gravel Surfacing 5. Remove Concrete Heater 6. Dust Control 7. Remove ACC Pavement 8. 12" CMP Construction Cost Publications Engineering Printing (Plans) Total District Cost $101,902.10 50.59 9,654.22 98.00 $111,704.91 February 2, 1998 Quantity Unit Cost 2414.32 TN $24.97 756.71 TN 28.73 1500 CY 10.56 82 TN 17.50 25 LF . 5.50 0 HR 35.00 175 SY 11.25 6 LF 82.50 Total Construction Costs � C L( C� David L. Bauer Project Engineer Cost $60,285.57 21,740.28 15,840.00 1,435.00 137.50 0.00 1,968.75 495.00 $101,902.10 fi Owner City of Blair City of Blair Thomas J. Lippincott and Janice I. Lippincott Kelly Ryan Equipment Company, Inc. Eriksen Construction Co., Inc., a Nebraska Corp. Kelly Ryan Equipment Company, Inc. Williams Pipe Line Co. A Delaware Corporation Kelly Ryan Equipment Company, Inc. Richard A. Hunt and Hugh W. Hunt Assessment Schedule Street Improvement District No. 170 Front Legal Description Footage 50% of Total District Cost N/A Intersections N/A Tax Lot 253, Section 7, 672.45 T18N, RI2E of the 6 P.M. Tax Lot 254, Section 7, 1177.28 T18N, R12E of the 6 P.M. Tax Lot 240, Section 7, 763.68 T18N, R12E of the 6 P.M. Tax Lot 171, Section 7, 903.42 T18N, R12E of the 6 P.M. Tax Lot 169, Section 7, 100.00 T18N, R12E of the 6 111 P.M. Tax Lot 170, Section 7, 295.54 T18N, R12E of the 6 P.M. Tax Lot 160, Section 7, 1264.35 T18N, R12E of the 6 P.M. Cost Per Front N/A N/A $10.2866738 $10.2866738 $102866738 $10.2866738 $10,2866738 $10.2866738 $1,9.2866738 Assesed Amount $55,852.46 $ 2,601.21 $ 6,917.27 $12,110.30 $ 7,855.73 $ 9,293.19 $ 1,028.67 $ 3,040.12 $13,005.96 COUNCILMEMBER ABBOTT RESOLUTION: ATTEST: NC. e ALICE I. DIEDRICH SEN, CITY CLERK - (SEAL) RESOLUTION NO. 1998- 7 INTRODUCED THE FOLLOWING WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class J Liquor License for wine and beer, On Sale, inside corporate limits for James P. Mischo and Leslie S. Mischo d/b/a "Sicilianos". 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. KROS. REALPH, REEH, RYAN AND SHOTWELL VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF FEBRUARY, 1998. CITY OF BLAIR, NEBRASKA # 44°4111 4 P / " " ./ 99 I' CITY OF °°. 0 % SEAL E E • • O. FIRST CLASS 1 9° 4% .° 2. 1 a 9 ste 01 mafioso 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 24th day of, February , 1 998. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 1998 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 Superintendent and dated February 24, 1998 be and is hereby adopted. BE IT FURTHER RESOLVED that a copy of said plan be filed with the Department of Roads, State of Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RROS . UPON ROLL CALL, COUNCILMEMBERS ABBOTT. BETTS. KROS. REALPH. REEH. RYAN AND SHOTWELL VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF FEBRUARY, 1998. ATTEST: (26) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1998- 8 CITY OF BLAIR, NEBRASKA Y _ MIC CA. 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 24th day of February, 1998. ALICE I. DIEDRICHSEN, CITY CLERK Mayor and City Council Blair, Nebraska YEAR PROJECT DESCRIPTION February 24, 1998 The following is the 1998 One and Six Year Street Plan for the City of Blair, which is submitted for your final review and adoption. 1998 M -157 (T -132) Tenth and Jackson Street — Rebuild Intersection. 1998 M -157 (13-141) 25 Street — Washington Street to South Street (mill and asphalt overlay). 1998 M -157 (W -148) , Washington Street — 14 to 18 Widen, mill, resurface, reconstruct adjacent sidewalks and street lighting. 1998 M -157 (W -149) Highway 30 South — Clark Street to Highway 30 -133 Junction. Mill and resurface driving lanes. 1998 M -157 (W -150) Tenth Street — Washington to Lincoln. Grading and Concrete Paving. 1998 M -157 (W -151) Grant Street — Tenth to Eleventh. Remove and replace existing concrete at abandoned railroad crossing. 1998 M -157 (W -152) Sixteenth and Grant Street intersection. Reconstruct Northeast Radius to accommodate detour traffic. 1998 M -157 (W -153) Corridor study for Highway Bypass from Highway 30 -133 area to Highway 30 East and from Highway 30 East to Highway 75 North. 1998 One and Six Year Plan (continued) 1998 M -157 (W -154) 23 Street — Washington Street - Highway 91 intersection. Site study for area reconstruction for improved safety and traffic flow. 1998 M -157 (W -155) 3rd Avenue — Grant to Colfax. Grading and asphalt paving. 1998 M -157 (W-156) 4 Street — Grant Street to Highway 30. Grading and asphalt paving. 1998 M -157 (W-43) Miscellaneous Street and Curb inlet repair. 1998 M -157 (W -146) Miscellaneous Areas — Mill and resurface with Asphalt Overlays. 1998 M -157 (W -147) Miscellaneous Curb Cuts, Curb and Gutter removals and construction of handicap ramps as required by ADA. 1999 -2003 M -157 (136) 1999 -2003 M -157 (137) 1999 -2003 M -157 (145) 1998 M -157 (W -18) Layaway for matching funds. Highway 30 East; Highway 30 South - Lincoln Street to Highway 133. First Street — Highway 30 to Jackson Street (R.O.W. acquisition, concrete paving, drainage structure and railroad grade separation structure.) Tenth Street — Grant Street to Highway 75 South. (R.O.W. acquisition, grading and concrete paving.) Tenth Street — Jackson Street to Railroad (widening, resurfacing, and construction of turn lane from Tenth to Jackson) 1998 One and Six Year Plan (continued) 1999 -2003 M -157 (157) Highway Bypass corridors - Highway 30 -133 area to Highway 30 East and Highway 30 East to Highway 75 North. (R.O.W. acquisition and construction) Respectfully Submitted, Warren D. Whitaker City Street Superintendent City of Blair, Nebraska RESOLUTION NO. 1998 - 9 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 Nos. 1 and 2 thereto, and, WHEREAS, it now is necessary that said agreement be further supplemented to provide for the reimbursement of the City of Blair for the engineering for the nonbetterment utility rehabilitation required for this project. WHEREAS, Supplemental Agreement No. 3 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. 3 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. 3 on behalf of the municipality. COUNCILMEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BETTS, KKOS, REALPH, REEH, RYAN AND SHOTWELL VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF FEBRUARY, 1998. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON 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 24th day of February, 1998. ALICE I. DIEDRICHSEN, CITY CLERK SUPPLEMENTAL AGREEMENT NO.3 PROJECT NO. NH- BH -30- 7(110), STATE CONTROL NO. 21220 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVE HIGHWAY US-30 IN BLAIR THIS SUPPLEMENTAL AGREEMENT, entered into between the City of Blair, Nebraska, hereinafter referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred to as the °State ", WITNESSETH: WHEREAS, the parties hereto entered into an agreement executed by the City September 26, 1995 and by the State October 31, 1995, providing for construction of Project No. NH- BH- 30- 7(110), and Supplemental Agreement Nos. 1 and 2 thereto, and . WHEREAS, it now becomes necessary that said agreement be supplemented to provide for the reimbursement to the City for the engineering for the nonbetterment utility rehabilitation required for this project. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City engaged the firm of Kirkham Michael Consulting Engineers to design the required nonbetterment utility rehabilitation made necessary by this project. The 1J, // 6E 9/98 construction of the above said utility rehabilitation-ms accomplished by the State's Contractor. 84 2.4-/ arty /s4' The State's share of the cost of the nonbetterment utility rehabilitation shall be C1Cpercent of the actual cost of said utility rehabilitation. SECTION 2. The State agrees to reimburse the City for 80 percent of the cost of the above said design work. Upon the execution of this agreement by the State, the City shall bill the State in the lump sum amount of $13,200.00, which is 80 percent of IGrkham Michael Consulting Engineers lump sum design fee, as shown on Exhibit "A" attached, and hereby made a part of this Supplemental Agreement The State will pay the City within thirty days after receipt of the City's billing. SECTION 3. Except as specifically amended by this Supplemental Agreement, all terms and conditions of the agreement executed by the City September 26, 1995 and by the State October 31, 1995 and Supplemental Agreement Nos. 1 and 2 thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement as of the dates indicated below EXECUTED by the City this day of , 19 CITY OF BLAIR Clerk Mayor EXECUTED by the State this day of 19 STATE OF NEBRASKA DEPARTMENT OF ROADS RECOMMENDED: District Engineer AGR1 -DF /ms Deputy Director - Engineering } Pi MICHAEL CONSULTING ENGINEERS June 16, 1997 RE: Letter Agreement (REVISED) Blair Highway 30 Water Main Relocation City of Blair, Nebraska Rod Storm, City Administrator City of Blair 218 South 16th Street Blair, Nebraska 68008 Dear Rod: Omaha • Des Moines • Denver i • Ellsworth. KS In accordance with your recent request, we are pleased to provide this letter proposal to the City of Blair. The basic services provided within this agreement are for the design of an improvement to abandon existing flinch, 6-inch and 8-inch water mains and construct approximately 5,500 lineal feet of new 6- inch and 8-inch water mains. The water main construction is required due to NDOR widening of Highway 30 approximately between stations 100+00 and 155+00 as indicted on preliminary NDOR construction drawings. Scope of Services This scope of work describes the design phase engineering services required for the construction of the replacement water mains. The following work tasks describe the engineering services to be provided in connection with this project. Design Phase Services A. Project Management 1. Data Collection and Background .Research KM will obtain and review the following information: a. Project information including previous project correspondence, preliminary muting and other relevant information. b. Contract documents and specific City and NDOR requirements to be incorporated into the project documents. ORIGINAL Exhibit A 9110 West Dodge Road • P.O. Box 24129 • Omaha, NE 68124 -0129 • (902) 393 -5630 • FAX (402) 255 -3850 Rod Storm June 16, 1997 Page 2 2. Periodic Review Meetings A final review meeting will be established with the City of Blair staff to discuss the status and progress of the project. 3. Ongoing Project Commmricatcens and Correspondence KM will maintain communications with City staff; the Nebraska Department of Roads (NDOR) and other interested parties as the project dictates. Project documentation and correspondence will be produced as necessary and filed for the record. 4. Maintain Project Schedule The design phase of the project is to be completed in accordance with the schedule established for the project KM will report on the status of the project schedule at appropriate intervals as needed. B. Field Investigation Survey Information NDOR final design plans will be provided to KM by NDOR and will provide all available information pertaining to the existing facilities to allow for the design of the proposed improvements. The field information includes the following items: a. Verification of the existing street and highway rights of way. b. Verification of existing water main locations. c. Accurate elevations of the ground, existing structures and street pavement surfaces along the project alignment and other facilities as per final design plans. d. Location and sizes of the storm sewers, sanitary sewers, water mains, gas mains, electric lines, and other related facilities where conflicts are determined or connections are necessary as per final design plans. C. Prelintinary Design 1. Plot Base Maps ofExistingFacilfries The base maps required for the final design of the project will be plotted on plan and profile sheets at an appropriate scale in accordance with NDOR requirements. Areas will be enlarged to show appropriate details as required. • Exhibit A Rod Storm June 17, 1997 Page 3 2. Preliminary Design Sufficient preliminary design shall be performed to show the plan, elevation, typical sections, the tentative grade lines, utility conflicts, limits of construction and any ether relevant impacts. 3. Draft Preliminary Plans Base sheets will be prepared and the preliminary design will be drafted on plan sheets and plan/profile sheets as required to be incorporated into NDOR construction contract documents for the project. The plans will be reviewed for quality assurance purposes by KM. It is anticipated that the following items will be included in the preliminary plans for this project a. tabulation of quantities and general notes; b. details; c. plan and profile sheets for all water improvements. 4. Project Quantities Preliminary quantities for the proposed improvement shall be prepared and furnished. Approximate. quantities shall be taken from the preliminary plans. 5. Submittal of Preliminary Plans KM will submit to the City and NDOR two sets of the preliminary plans for review and approval for this project. A meeting will be scheduled to review the preliminary plans. Any modifications or revisions to the preliminary plans as a result of comments received and from the meeting will be made during the development of final plans. D. Final Design I.• Final Design The design of the improvements will be finalized by adding all necessary details and notes to enable the contractor to construct the proposed improvements. Critical items will be addressed such as backfilling, compaction, and other miscellaneous and related items of work. Eiddh t A Rod Storm June 16, 1997, Page 4 Schedule 2. Preparation of Final Plans and Specifications Final plans for proposed improvements will be prepared and drafted. The plans will be reviewed for quality assurance purposes by KM. Final plans will include the appropriate plan sheet information as discussed in the preliminary plan section. - NDOR standard specifications will be utilized for this project. KM will modify the standard specifications with a special provision section as necessary to adapt them to this specific project and to incorporate any special requirements of the City and NDOR. The reproducible drawings will be submitted on 22" x 34" mylar. 3. Submit Final Plans KM will submit two sets of final plans and specifications to the City and two sets to the NDOR for review and approval. Construction Phase Services Construction phase services are not included in the scope of services or fee proposal, however the following services could be provided by KM: if requested by the City or State: I. administration of the. construction contract 2. shop drawing review and approval, if necessary; 3. construction staking of the proposed improvements and limits of construction easements: 4. a maximum of 60 hours of observation and monitoring of the construction progress; 5. keeping of accurate and detailed records of the project and the submission of reports; 6. coordination of the activities between the City and the Contractor so as to effect any needed field changes; 7. administration of billing and payment procedures for the contract 8. periodic review of the project schedule to ensure project is complete prior to the contract completion date. Kirkham Michael will complete the necessary designs and contract documents within 90 calendar days alter the full execution of this agreement. Exhibit A Rod Storm June 16, 1997 Page 5 Fee Proposal Kirkham Michael proposes to complete the above mentioned services at the lump sum fee of sixteen thousand five hundred dollars ($16.500) (which includes labor and project related expenses) for design phase services. We will invoice this project on a monthly basis for services rendered. Invoices are due and payable upon receipt. If the above described items are satisfactory to you, please sign and date both the "original" and the "duplicate" copies of this letter agreement. Keep the "original" copy for your files and return the "duplicate" copy to us for our files. Receipt of this letter contract will be considered our notice to proceed with the work. Thank you for your consideration. Sincerely, Dale E. filler, P.E. & L.S. Vice President DEM/dm/cms CHAEL & ASSOCIATES, INC. Copy to: Warren Whitaker - City of Blair J. Adler, R. Robinson - KM Omaha SA ACCEPTANCE OF PROPOSAL AND AUTHORIZATION TO PROCEED Authorized Representative CA/ of Blair . llay.or Michael A. Mines Date: 7 -9 -97 Recommended �i tC .ou� Date I2.- ► Q -9 Date Rex Guerin Utilities Coordinator Department of Roads P. O. Box 94759 Lincoln, NE 68509 -4759 Dear Mr. Guerin: RECEIVED BY :.OJECT DEVELOPMENT Dt,. JUL 2 31997 Enclosed is a copy of the signed Kirkham Michael Consulting Engineers for Project NH -30- 7(110), Highway 30 East. Please contact me if you need further July 21, 1997 information. ectfully, City of Blair 218 South 16th Blair, Nebraska 68008 402 -426 -4191 Fax - 402 - 426 -4195 agreement between the City of Blair and the design of the water main relocation on Warren D. Whitaker Director of Public Works Exhibit A COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that a twenty -five mile per hour speed limit be set and established on Butler Street from 13 Street (U.S. Highway 75) west to 16 Street in the City of Blair, Nebraska, and that following the passage and publication of this resolution is shall be unlawful for any person to fail, neglect or refuse to comply with said speed limit COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BETTS, KROS, REALPH, RYAN AND SHOTWELL VOTING "AYE ", AND COUNCILMEMBERS REEH VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24th DAY OF FEBRUARY, 1998. ATTEST: (26,fi:"J ‘1 ,„/--yc, ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998 -10 CITY OF BLAIR, NEBRASKA 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 at a regular meeting of the Mayor and City Council of said City held on the 24th day of February, 1998. ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has be presented with an Amendment to the Interlocal Agreement dated July 22, 1997 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 Amendment to Interlocal Agreement for Criminal Prosecution 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 may be necessary for approval of said agreement. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN . UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BETTS. KROS, REALPH, REEH, RYAN AND SHOTWELL VOTING "AYE ", AND COUNC LMEMBERS NnNF VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED ADOPTED THIS 24th DAY OF FEBRUARY , 1998. ATTEST: a4 ie /1 4-, .4 -14, ALICE I. ?J » ICHSEN, CITY CLERK (SEA,4 :V OF RESOLUTION 1998 - CITY OF BLAIR, NEBRASKA 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 24th day of February , 1998. ALICE I. DIEDRICHSEN, CITY CLERK AMENDMENT TO INTERLOCAL AGREEMENT FOR CRIMINAL PROSECUTION WHEREAS, an Interlocal Agreement was entered into by and between Washington County, Nebraska hereinafter referred to as "County" and the City of Blair, Nebraska, hereinafter referred to as "City ", on or about July 22, 1997 for prosecution of criminal violations for the City of Blair and for the administration of the Pretrial Diversion programs for Minor in Possession of Alcohol and for traffic offenses. WHEREAS, the parties desire to expand the types of offenses covered under the Diversion Program. FOR VALUABLE CONSIDERATION, AND THE MUTUAL PROMISES AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. PRETRIAL DIVERSION PROGRAM. The parties hereto agree that the Interlocal Agreement entered into on or about July 22, 1997, shall be amended to allow for the following offenses to be included within the City of Blair Diversion Program, to -wit: a. Minor in Possession of Alcohol; b. Minors, Zero Tolerance pursuant to Neb.Rev.Stat.60- 6211.01 as amended from time to time; c. Reckless driving for any individuals under the age of 21 years; d. Disturbing the peace for any individuals under the age of 21 years; e. Disorderly conduct for any individuals under the age of 21 years; f. Assault for any individuals under the age of 21 years. 2. ADMINISTRATION: The office of the Washington County Attorney shall have the exclusive right to determine whether or not circumstances exist to warrant prosecution of any traffic or criminal misdemeanor or infraction offenses; and further shall have the exclusive right to determine the eligibility regulations for any of the Pretrial Diversion Programs. City hereby authorizes the County to operate and administer any of the Pretrial Diversion Programs listed in Paragraph 1 herein above. The net proceeds (after deducting out of pocket expenses -i.e photocopies, long distance toll charges) from any administrative fee charged for Pretrial Diversion Programs, shall be paid to the City on a regular basis. Furthermore, representatives of the City may review any records pertaining to the administration of any of the City Pretrial Diversion Programs upon reasonable notice to County. 3. AMENDMENT: This Amendment to Interlocal Agreement amends and supercedes any terms and provisions of the July 22, 1997 Interlocal Agreement which are inconsistent with the terms herein. DATED: February 24 , 1998. ATTEST: WASHINGTON COUNTY, NEBRASKA By: ATTEST: CITY OF BLAIR ALICE I. DIEDRICHSEN, CITY CLERK MICHAEL A. MINES, MAYOR APPROVED AS TO FORM AND CONTENT By: WASHINGTON COUNTY ATTORNEY'S OFFICE DATE: -2- vie COUNCILMEMBER Abbott INTRODUCED THE FOLLOWING RESOLUTION: that: RESOLUTION NO. 1998 - I® WHEREAS, Section 77 -27, 142 (1) of the Revised Statutes of Nebraska provides (1) "Any incorporated municipality by ordinance of its governing body is hereby by authorized to impose a sales and use tax of one -half percent, one percent or one and one -half percent of the same transactions within such incorporated municipality on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time. No sales and use tax shall be imposed pursuant to this Section until an election has been held and a majority of the qualified electors have approved such tax pursuant to Section 77- 27,142.01 and 77- 27,142.02 ". WHEREAS, the City of Blair, Nebraska, recognizes that major street and road construction and repair within the City of Blair, Nebraska will be necessary over a minimum of seven (7) years; and furthermore, that various street and road construction projects have already been committed by the Municipality and other necessary street and road projects have been identified. WHEREAS, the current Blair Fire Department and Rescue Squad Facility is inadequate to provide for the proper housing and storage of the Fire Department and Rescue Squad Department vehicles, equipment and other items necessary to further the safety and well being of the citizens of Blair. WHEREAS, the construction and repair of roads and streets, and, repair, remodeling and construction of Fire Department and Rescue Squad building improvements, and possible acquisition of real estate for such building improvements, could be financed through the use of a Local Option Sales and Use Tax. NOW, THEREFORE, in consideration of the foregoing recitals, the Mayor and City Council of the City of Blair, Nebraska, hereby adopt the following Resolution: SECTION 1. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Mayor and the City Council, as the governing body of the incorporated municipality of Blair, Nebraska, hereby order the submission of the following question of imposing a one percent (1 %) city sales and use tax to the qualified electors of the City of Blair, Nebraska, at the May 12, 1998 Nebraska Primary Election. The question shall be submitted to the qualified electors of the City of Blair in the following form and shall be subject to the following stated conditions: " Shall the governing body of the City of Blair, Nebraska impose a sales and use tax in the amount of one percent (1 %) upon the same transactions within the City of Blair on which the State of Nebraska is authorized to impose a tax subject to the following terms and conditions: (1) That the term of the one percent (1%) City sales and use tax shall be limited to a period of seven (7) years; (2) That proceeds from the one percent (1 %) City sales and use tax are to be used for the purpose of funding street and road construction and repair within the City of Blair, Nebraska, and maintenance costs associated therewith; (3) That the proceeds from the one percent (1 %) City sales and use tax are to be used for the repair, remodeling and/or construction of Fire Department and Rescue Squad building improvements and any other permanent improvements associated therewith, and acquisition of real estate for such building improvements, if deemed necessary by the Mayor and City Council of the City of Blair, Nebraska; (4) That the priority of the specific projects to be funded and the amount of such funding from the proceeds of the one percent (1 %) City sales and use tax shall be determined by the Mayor and City Council, after having requested input from the public pertaining to the priority and funding of such specific projects; and (5) That if a majority of the votes cast upon such one percent (1 %) City sales and use tax question shall be in favor of such one percent (1 %) City sales and use tax, then the Mayor and the City Council of the City of Blair, Nebraska, shall be empowered to forthwith proceed to impose such one percent (1 %) City sales and use tax pursuant to the Local Option Revenue Act ". COUNCILMEMBER Kros MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Boeka . UPON ROLL CALL, COUNCILMEMBERS Ryan, Abbott, Boeka, Kros, Betts, Shotwel 1 , Realph & Reeh VOTING "AYE", AND COUNCILMEMBERS none VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10th DAY OF March , 1998. ATTEST: • 01011101110 - PEGGY FRAHM, DEPUTY CITY gt ( •• - Ts_ (SEAL) CITYOF SEAL j • ° FIRST CLASS • STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA PEGGY FRAHM, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 10th day of March , 1998. PEGGY FRAHM, DEPUTY CITY CLERK COUNCILMEMBER Real ph WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the North side of Nebraska Street and the South side of Nebraska Street, East and West, from 24t Street through 27 Street in the City of Blair, and that the Street Department of the City of Blair is hereby authorized and directed to place signs reflecting the no parking area as established hereby at necessary intervals along said restricted parking area. 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. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Kros . UPON ROLL CALL, COUNCILMEMBERS none , VOTING "AYE ", AND COUNCILMEMBERS Ryan, Abbott, Boeka, Kros, Betts, Shotwel 1, Real ph & Reeh VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS DAY OF MARCH, 1998 Resolution No. 1998 -13 Failed. RESOLUTION NO. 1998 13 INTRODUCED THE FOLLOWING RESOLUTION: CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR I 2 ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the day of March, 1998. ALICE I. DIEDRICHSEN, CITY CLERK tt- F 1 g 100HS 0E r Vitr 71. COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with the attached Emergency Plan for Nuclear Power Plant incidents which provides for a coordinated effort and response to an emergency situation at the Fort Calhoun Nuclear Power Plant which could result in a partial or a total evacuation of the City of Blair, and WHEREAS, the Municipality is in agreement with such Plan. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the City of Blair hereby approves the proposed Emergency Response Plan for Nuclear Power Plant Incidents as specified therein. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS Ryan, Abbott, Boeka, Kros, Betts, Shotwell, Realph and Reeh VOTING "AYE", AND COUNCILMEMBERS none VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10 DAY OF March, 1998. ATTEST: LL PEGGY J. FRAIIM, DEPUTY CITY CLERK (SEAL) RESOLUTION NO. 1998-14 CITY OF BLAIR, NEBASKA ,,,,wgeg9008, OF At j' CITY OF % 0 SEAL STATE OF NEBRASKA ) ):Ss: FIRST CLASS WASHINGTON COUNTY ) /061 PEGGY J. FRAHM, 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 10 day of March, 1998. _./ PEGGY J. ZIIM, EPUTY CITY CLERK COUNCILMEMBER BETTS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Final Plat of Korshoj Estates Subdivision, City of Blair, Washington County, Nebraska, dedicated an area to be used for a public park and recreation area, and that the City of Blair, Nebraska desires to establish a name for the park. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that Lot 19 of Korshoj Estates Subdivision, which has been dedicated as a public park and recreation area, is hereby named as follows: RIDGE VIEW PARK COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER REFIT . UPON ROLL CALL, COUNCILMEMBERS Abbott, Betts, Boeka, Kros, Raalph, Reeh and Shotwell VOTING "AYE" AND COUNCILMEMBERS ATTEST: (SEAL) None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF MARCH, 1998. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998 -15 CITY OF BLAIR, NEBRASKA BY �r L A. MINE 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 24th day of March, 1998. d/(;,- 1 ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998 - 1 A COUNCILMEMBER xxOS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Wells Fargo Bank, National Association and the City of Blair, Nebraska, each are extending financial accommodations to AG -BAG INTERNATIONAL LIMITED, a Delaware Corporation. WHEREAS, the City of Blair, Nebraska has been presented with an Intercreditor Agreement attached hereto, marked Exhibit "A" between Wells Fargo Bank, National Association and the City of Blair, Nebraska for the purpose of extending financial accommodations to AG -BAG INTERNATIONAL LIMITED, a Delaware Corporation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Intercreditor Agreement between Wells Fargo Bank, National Association and the City of Blair, Nebraska 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. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER REEH . UPON ROLL CALL, COUNCIL - MEMBERS Abbott, Betts, Boeka, Kros, Realph, Reeh and Shotwell VOTING "AYE" AND COUNCILMEMBERS ATTEST: (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Nrrp VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF MARCH, 1998. ALICE I. DIEDRICHSEN, CITY CLERK -2- CITY OF BLAIR, NEBRASKA IfCHAEL A. MINES, MAYOR *pagvnii • • i f ; aTYOF •+ *: SEAL lid . • FIRST CLASS " "" •'• 1961 ��•� / 's ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 24th day of March, 1998. k,,g2e; ALICE I. DIEDRICHSEN, CITY CLERK INTERCREDITOR AGREEMENT WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Bank ") and THE CITY OF BLAIR, NEBRASKA ( "Secured Party "), each are extending financial accommodations to AG -BAG INTERNATIONAL LIMITED, a Delaware corporation ( "Debtor "). Bank and Secured Party are each sometimes referred to as a "party" to this Agreement. Secured Party has acquired a perfected security interest in Debtor's property as evidenced by the Financing Statements and amendments thereto, if any, attached hereto as Exhibit A and incorporated herein by this reference. Bank has or will acquire a perfected security interest in Debtor's property as evidenced by the Financing Statement and amendments thereto, if any, attached hereto as Exhibit B and incorporated herein by this reference. Bank and Secured Party desire to agree between themselves as to the respective priorities each has with regard to the Collateral that secures the financial accommodations that Bank and Secured Party have provided to Debtor, without regard to the priority which would otherwise be established by the filing dates of the respective Financing Statements. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party unto the other, the parties hereto agree as follows: 1. Secured Party hereby acknowledges and agrees that notwithstanding anything in any of its agreements with Debtor which may indicate the contrary, the security interest of Secured Party does not cover or extend to any personal property of Debtor other than the specific items of property listed on the exhibit to the Financing Statement attached as Exhibit A hereto, and the proceeds thereof (referred to as the "Joint Collateral "). 2. Bank hereby subordinates its security interest whether now existing or hereafter acquired, to the valid and perfected security interest of Secured Party in the Joint Collateral until payment in full of the obligations of Debtor to Secured Party under that certain Promissory Note (Equipment) in the original principal amount of $500,000.00 dated September 30, 1997. Following payment in full of said promissory note, Secured Party shall release its security interest in any and all property of Debtor. 3. Nothing contained herein shall prohibit Secured Party or Bank from taking such action as is necessary to protect their respective security interests against the claims of other persons or entities or to prevent loss or destruction of any of their respective collateral. 4. Except as herein otherwise provided, priorities between the parties shall be determined in accordance with the provisions g: \au6702 \comm \yee \agbag \intercre.agt 031698 of the Uniform Commercial Code of California ( "Code "). All terms used herein which are defined in the Code and not otherwise defined herein shall have the meaning set forth in the Code. 5. This Agreement is not intended to cover any security interest not specifically referred to herein, nor shall this Agreement give any rights to any persons other than Bank or Secured Party, or their successors by merger, acquisition or consolidation. 6. The subordinations and priorities specified hereinabove are applicable irrespective of the time or order of attachment or perfection of the security interests referred to herein, the time or order of filing of financing statements, the acquisition of purchase money or other security interests, or the item of giving or failure to give notice of the acquisition or expected acquisition of purchase money or other security interests. 8. This Agreement may be executed in counterparts. All such counterparts shall constitute but one agreement. 9. Bank and Secured Party represent and warrant that they each have authority to enter into this Agreement and that the persons signing for each party are authorized and directed to do so. 10. This Agreement constitutes and expresses the entire understanding between the parties hereto with respect to the subject matter hereto, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, whether express or implied, oral or written. Neither this Agreement nor any portion or provision hereof may be changed, waived or amended, orally or in any manner other than by an agreement in writing signed by Bank and Secured Party. 11. This Agreement shall be subject to and governed by the laws of the State of Nebraska. g:\ au6702 \comm\yee \agbag \intercre.agt [SIGNATURES ON NEXT PAGE] -2- 031698 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 24th day of March 1998. BANK: SECURED PARTY: WELLS FARGO CITY OF BLAIR, NEBRASKA NATIONAL OCIAT ors' By: Ti e: g: \au6702 \comm \yee \agbag \intercre.agt -3- ATTEST: 4.* Mayor Michael BY . Clerk Alice I. Diedrichsen 031698 gnature(s) of Debtors(s) (2) Filing Officer Copy - Numerical L fl-II s FINANCI 1. Debtor(s) (last Name First) and addniss(es). Ag-Bag lntemational - : .f • ' • : t 320 SE Ag-Bag Larva Warrenton, OR 97146 • ,• A • ; • 66#: 934143627 EXHIBIT B 111 I I i-tt itsit2 itflf.t muff TO THE UNIFORM COMMERCIAL CODE 2. SecurecIP and address(es) Wells Fargo Bank, National Association 245 S. Los Robles Avenue, Suite 600 Pasadena,CA , Tax !Modal Security No. • 4. This financing statemeritcoVers the following types (or items) of property: All accounts, chattel paper, general intangibles, other rights to payment, inventory, equipment and fixtures of Debtor, and all proceeds thereof, as more particularly d escribed on Schedule 1 attached hereto and incorporated herein by this reference. Title: Return Acknowledgment To: RETURN TO: CALIFORNIA LENDERS 1000 0 Street, Suite 225 • Sacramento, CA 95814 (800) 447-6237 Account Number 351 1/ (I F 0096509996 • 2844 • 1 mafinibislate4Lanv)* For Sling Officer (date, Time, Number, and Filing Office) • 758908 FILE UCC DIY 98 FEB 9 AH 9: 5Q 5. Assignees o 44114,tand This statement is filed without the debtor's signature to perfect a security Interest in collateral. (check CC if so) C:1 already subject to a security Interest in another jurisdiction when it was brought into this state. ' 0 which is proceeds of the original collateral described above in which a security Interest was perfected: Check E if covered: OProceeds of Collateral are also covered. Of Products of Collateral are also covered. No. of additional Sheets presented: 1 - Ag-Bag In o al Limited Wells F3 (Bank, Bank, Nati Filed with: • NEBRASKA 8001 Association Title: /Et /2,15;'. etignature4s) of Secured Party(ies) Prepared with UCC Direct for Windows Data File Services, inc., P.O. Sox 275, Van Nuys, CA. 91408-0275 Tel (818) 909-2200 '• • Page 2 of 4 Please Initial Schedule 1 to UCC -1 Financing Statement executed by Ag -Bag Internationsl Limited as Debtor and Wells Fargo Bank, National Association as Secured Party. all accounts, chattel paper, instruments, documents, general intangibles and other rights to payment of every kind now or at any time hereafter arising out of the business of Debtor, and all goods returned by Debtor's customers; all inventory, raw materials, component parts, work in process and /or materials now or at any time hereafter used or consumed in Debtor's business, and all warehouse receipts, bills of lading and other documents evidencing goods now owned or hereafter acquired by Debtor, and all goods covered thereby, including all accessions, additions, and improvements thereto and products thereof, wherever located, whether in the possession of Debtor or any warehouseman, bailee or any other person; all goods, tools, machinery, furnishings, furniture and other equipment and fixtures of Debtor now owned or hereafter acquired, wherever located, and all proceeds of any of the foregoing, whether arising from the sale, lease or other use or disposition thereof, including without limitation, all rights to payment with respect to any insurance, including returned premiums, or any cause of action relating to any of the foregoing. II � THIS FiNANCI 1. Debtor(s) (last Name.First) and address(es) Ag -Bag International Limited 6 . • ' 2320 SE Ag -Bag Land Narre'rtton, OR 97146""' SS#: ' 93- 1143627 a unn, rumnuw4TTO THE UNIFORM COMMERCIAL CODE 2. Secured .'a (ies) and address(es) Wells Fargo Bank, National Association 245 S. Los Robles Avenue, Suite 600 Pasadena,CA 91101 Tax ID /Social Security No 4. This financing statement covers the following types (or Items) of property: Jl accounts, chattel paper, general intangibles, other rights to payment, inventory, 3quipment and fixtures of Debtor, and all proceeds thereof, as more particularly lescribed on. Schedule :1 attached hereto and incorporated herein by this reference. This statement is filed without the debtor's signature to perfect a security interest in collateral. (check ® if already subject to a security interest in another jurisdiction when it was brought into this state. which is proceeds of the original collateral described above In which a security interest was perfected; heck ® if covered: OProceeds of Collateral are also covered. ` Products of Collateral are also covered. Ag -B Intentional Limited • By 2) Filing Officer opy - Numerical . (s) of Debtors(s) Title: e Prepared with UCC Direct ror Windows Data File Services, Inc., P.O. Box 275, Van Nuys, CA , 91408-0275 Tel (818) 909 Return Actsowledgment To: so) RETURN TO: CALIFORNIA LENDERS 1000 G Street, Suite 225 Sacramento, CA 95814 (800) 447-6237 Account Number .35 Kf/ ppj 1.3 Mato ity date (If any)' For Flln p f e (data, Time, Number, and .- - / 45 a, 98 FEB i l 4 9: 29 . )i. L.r�ET ,rNGr411., Cii};k`f a;•� try,; =� 5. Assigrie of Se Party and Address(es) • • 0096509996__ Filed with: Q •" +. - NEBRASK Washi.ugton County 0091892007798002 No. of additional Sheets presented: 1 ank, National Associat Wells Farg iril'e - Signature(s) of Secured Party(ies) Title: //.7 • Aw PLEASE INITIAL Schedule i to UCC -1 Financing Statement executed by Ag -Bag International Limited as Debtor and Wells Fargo Bank, National Association as Secured Party. all accounts, chattel paper, instruments, documents, general intangibles and other rights to payment of every kind now or at any time hereafter arising out of the business of Debtor, and all goods returned by Debtor's customers; all inventory, raw materials, component parts, work in process and /or materials now or at any time hereafter used or consumed in Debtor's business, and all warehouse receipts, bills of lading and other documents evidencing goods now owned or hereafter acquired by Debtor, and all goods covered thereby, including all accessions, additions, and improvements thereto and products thereof, wherever located, whether in the possession of Debtor or any warehouseman, bailee or any other person; all goods, tools, machinery, furnishings, furniture and other equipment and fixtures of Debtor now owned or hereafter acquired, wherever located, and all such equipment and fixtures now or at any time hereafter installed on the land or in the improvements at the real property described below, and all proceeds of any of the foregoing, whether arising from the sale, lease or other use or disposition thereof, including without limitation, all rights to payment with respect to any insurance, including returned premiums, or any cause of action relating to any of the foregoing. 190 Grant Street, Blair, Nebraska Parcel #890041580 BC TL 163 7 -18 -12 112 PC 67 Parcel. #890041643 BC TL 192 & 252 7 -18 -12 114 PC 67 12.26 AC Parcel #890046921 BC LOTS 1 -4 & PT OF LOTS 5 &6 ELK .85. PC 1 Parcel #890046935 BC LOTS 7 -12 ELK 85 112 PC 3 Li I I.Ji 11. 1111 YLLWb IL MSw IL II iu nII I Description of real property: Page 4 of 4 This FINANCING STATEMENT is presented to a Filing Officer for Ming pursuant to the Uniform Commercial Code: 1. Debter(s) (Last Name First) and Address(est: AG-BAG INTERNATIONAL LIMITED 206 North 12th Street Blair, NE. '68008 5. The Financing Statement Covers the Following Types (or Items) of Property: ❑ Proceeds 7. Description of Real Estate: Tax Lot 192 and Tax Lot 252 in Section 7, Township 18 North, Range 12 East of the 6th P.M., City of Blair, Washinaton County, Nebraska. 10. This statement is filed without the debtor's signature to perfecta security interest in collateral (check ® if so) ❑ already subject to a security interest in another jurisdiction when it was brought into this state. or ❑ which is proceeds of the following described original collateral which was perfected: AG -BANG B Ll�r1 ) IODIZE Lam" ITED Sig - ture(s) of Debtor(s) 1-"Bing Cif'C3f Copy - .ki('..'(:as)a(it . A EXHIBIT A ❑ Products of the Collateral are Also Covered: Page 1 of 4 No. of Additional Sheets Presented: 2. Secured Party(iesi: Name(%) and Address(es): CITY OF BLAIR 218 S. 16th Street Blair, NE. 68008 All fixtures, equipment, furniture, machinery and motor vehicles of every nature whatsoever as described on Exhibit "A ". C 748080 BLAIR Signature of Secured Party Maturity Date 3. (Optional): 4. For Filing Officer: Time. Date. No.. Filing Office 748080 C tt_ : (� p r . .,. J I Ltt! : 23 Ail 8. 37 SECTY STATE 6. ❑ To be Recorded in Real Estate Mortgage Records 8. Name(s) of Record AP- -'F{nr TA Owner(s): 9. Assignee(s) of Secured Party and Addresses) Hyac System & Fans: Asset #925 $23,197 Asset #926 $23,040 Asset #924 $24.545 Total $70,782 Overhead Crane System: Asset #9 $71,472 Large Bag Folder -Job #5650 Asset :588 $70,339 Bag Folder Platform & Refit Folders Jobs #6539 & 6564 Asset #260 $19,705 Asset #595 $225.331 Total $245,036 Overhead Hoist System - Asset #608 Bag Folder 8,9,10 -Job #6511 Asset #665 Bag Lifting System - Asset #913 Drive -In Storage Racking - Asset #916 Yale Forklift - Asset #892 Yale Forklift - Asset #899 Coral 1 -Phone System - Office Asset #902 EXHIBIT "A" $ 8,236 $110,987 $14,595 $28,015 Subtotal $619,462 Serial #E177B13071T Model GLP060T ~ $24,991 748080 Serial #E 177B 11411 T Model GLP606TEN $24,991 Page 2 of 4 $17,417 Wygant Voice Mail System - Office Asset #903 $13,234 Grand Total All Assets $700.095 "14 • ' . • ••• • • . : .., * • - t:::.! • .• . - . ,. * . ' , ...' 1 -:!: - : • •,;• .' -.1 ;,;)':::': •, • ..._ * _ io. ' •• ,t 1 •• for filing pursuant to the Unifortn Commercial Code: - 0 400 '..' • This FINANCING- STATEMENT is presented to a tiling Officer, '` A : - * No. of Additional , Sheets Presented: Maturity Date ......^.--' • %o r / AG ,•::,,,, .., ,.,... . .. ... I.. Debtor(*) (1#st Name First) and Addresslesg. , • . . • •r' 2. Secured Partvicg,...Naecit(s)- and Addreis(es): • . • CITY OF BLAIR - . 4. Fur Filing Officer: Time Date , No.. Filing Offict ntd=B PfrERNATIONAL LIMITED $4 0 1 (Optional g •,,, ()) ql .j. ', .• 206. Borth - 12th Street cr S. The Financing Statement C.overs the Fallowing TYPcS tor 'Items of Property ) : - 411airO.INgo 68008 • t • * , - 218 S. 16th S t r e c i i . I L E 897 [ Blair, .NE. 68008 ' . .. • .97 OCT ao p Atc;14-q760qg 14 OCT 23 An 6:37 NE UGC • Ftt . to t..0 t) i..:, ,.•t• ' - .* ZIP:: .:7;■;i:*44•1,1••••• ttlre whatsoev a e.r s described on Exhibit "A"iatiltid1014 dOU 141, C SECTY STA 74 All.fi*tures, equipment, furniture, machinery and motorm1004#41.13005-04, , . . ., . 1E . , H t . . • COO.; :En R a • az. 0 Proceeds- *:.' , • . n To be Recorded in Real • D Products of the Collateral are Also Covered: - • — Estate Mortgage Records • 7. DescriRtion)of Real Estate: ,fl . •: 1 ;!;'.. . , .1.1 • • • -. • ": - t - _ 44 .•• • • . ' • " Tax Lott 192 •nd Tax Lot '252 IA SeC4.6n • 7, !. 4 ‘ i 0 : t..:1,r1 . , '7Ar-41,1.P—IfirRNMONA .. • . . • ,.. .• . .• setter sl:'-• . . - -- • -- I- ,. •:1 . 7 4 # ,..• , - ', '.. 4 . - 4' 4 : , . • : TownshilD 18 North, Range 12 East of the 6th P.M., ' .. . . . of. Blairtibahington- CourityLigebraska.. 9. Assignee(*) of Secured Party and Addresues) . Il)., This statement is filed without the debtor's signature to perfect a sec • ints rest• in collateral (check [gi 4 so ". • - • . • .• • 0 0 already &abject to a secprity interest ill another jurisdiction when it was brought into this state. or which is of the following described original, collateral which was perfected: . . TERMINATION STATEMENT: This statement of Termination of Financing is presente'd to st Filing Officer . for filing pursuant to the Uniform Commercial Code. The Secured Party 'Certifies that the Secured Party no longer claims a security interest under the financing statement bearing the file number shown above. • t , ., • 1 , , AG-BAG IN 'i IONAL,LIMITED . ... ... • Date • f 0 / J■ ,t) BY • •':•••-•-;''•;7.-'• 1... ,,- . . ' ' " ' ...C.I•SY"...°., BLAII IZitKik . • '. . f.. 1' . ''' , ‘'••• . • : ., . 7. gnature of Secured Pam . ..".."""."--- ' !':'•1.i •, •t-s ,s• Filing Offices' is requested to note file number.. date and hour of filing on this copy and returit:itv the person . • . filing. as an acknowledgment., Filing Officer copy , Acknowledgment . : • . . Not Valid Until Signed • (Signature of * Secured Party Or Assig re Of Record ' .• • ' ...„....: ; -.,.. . • Hyac System & Fans: Asset #925 Asset #926 Asset #924 Overhead Crane System: Asset #9 Large Bag Folder -Job #5650 Asset #588 Bag Folder Platform & Refit Folders Jobs #6539 & 6564 Asset #260 Asset #595 Overhead Hoist System - Asset #608 Bag Folder 8,9,10 -Job #6511 Asset #665 Bag Lifting System - Asset #913 Drive -In Storage Racking - Asset #916 Yale Forklift - Asset #892 Yale Forklift - Asset #899 Coral 1 -Phone System -Office Asset #902 Wygant Voice Mail System -Office Asset #903 • EXHIBIT "A" Serial #E177B13071T Model GLP060T Serial #E 177B 11411 T Model GLP606TEN Page 4 of 4 $23,197 $23,040 $24345 Total $70,782 $71,472 $70,339 $19,705 $225.331 Total $245,036 $ 8,236 $110,987 $14,595 $28,015 Subtotal $619,462 $24,991 $24,991 $17,417 $13,234 Grand Total All Assets $700.095 COUNCILMEMBER REEH RESOLUTION: RESOLUTION NO. 1998 - 17 INTRODUCED THE FOLLOWING WHEREAS, the City of Blair, has been presented with a Developer's Agreement with Richard M. Wardell and Linda J. Wardell for the creation of Pleasant Dell 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. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KRos . UPON ROLL CALL, COUNCIL - MEMBERS Boeka, Fanoele, Kros, Reeh and Ryan MEMBERS None VOTING "AYE" AND COUNCIL- VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14th DAY OF APRIL, 1998. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) • • d d e 0 i Viif ••* i3 r o • dA s SEAL :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 14th day of April, 1998. ALICE I. DIEDRICHSEN, CITY CLERK I. IIii .0 . .1,1. i..0 W ig iI EXHIBIT "A" DEVELOPER'S AGREEMENT This Agreement made this 14th day of April, 1998 by and between the City of Blair, Nebraska hereinafter referred to as "City" and Richard M. Wardell and Linda J. Wardell, hereinafter referred to as "Developers ". WHEREAS, the Developers propose to develop and subdivide Tax Lot 158, Section 10, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska, nd have submitted a preliminary plat to the Planning Commission and a Final Plat of Pleasant Dell Subdivision to the Planning Commission and the City Council of the City of Blair, Nebraska; and, WHEREAS, Developer's have requested Blair to defer the requirement for improvement and extension districts for street, water and sewer services to the subdivision. NOW, THEREFORE, in consideration of the mutual covenants and benefits to each party as set forth herein, it is agreed as follows: 1. The parties hereto agree and understand that at some future date, the City of Blair, Nebraska may require the formation of improvement districts for water, sewer system and paving of public streets within the subdivision; provided further that the Developers on their behalf and on behalf of their heirs, successors in interest and assigns do hereby waive objections to the creation of any improvement districts for the construction or installation of paved streets, city water system, sanitary sewer and/or storm sewer system within the geographic limits of Pleasant Dell Subdivision or any part thereof; provided further, that by execution of this Agreement, the Developers on behalf of themselves, their heirs, successors in interest and assigns do hereby consent to the creation of said improvement district(s) as may be created by the Mayor and City Council at some future date; furthermore, Developer's agree to execute and deliver, in form satisfactory to City, a Waiver and Consent to such improvement districts, which shall be recorded against the real estate located within Pleasant Dell Subdivision in the office of the County Clerk of Washington County, Nebraska. 2. Developers agree that the geographic limits of Pleasant Dell Subdivision will be annexed into the City of Blair, Nebraska by ordinance and the Developers consent to such annexation. 3. Developers agree to dedicate to the public for use as a public street, 33 feet of right -of -way along County Road P29. 4. Developers agree that the real estate located within Pleasant Dell Subdivision will be re -zoned to Multi- Family Residential Low - Density Zoning District and will be subject to the terms and conditions thereof. This Developer's Agreement shall be binding upon and enure to the benefit of the parties hereto, their heirs, successors in interest and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed and delivered on this 14th day of _April , 199 8 Z /V.%,- Richard M. +sardell, Developer ATTEST: Alice I. Diedrichsen, City Clerk STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Linda J. Ward 1, Developer CITY OF BLAIR, NEBRASKA Michael A. Mines, Mayor St Subscribed and sworn to before me this / day of April, 1998 by Richard M. Wardell and Linda J. Wardell, Developers. GENERAL NOTARY—State of Rlobeask© LARRY J. PAVEL htY Comm. Exp. f ro, , STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Subscribed and sworn to before me this /day of April, 1998, by Michael A. Mines, Mayor, City of Blair, Nebraska, and attested by Alice I. Diedrichsen, Blair City Clerk, on behalf of the City. GENERAL NOTARY • sate armada MARCIA NICKERSON My Comm Exp. June 20, 2000 ATTEST: RESOLUTION NO. 1998- 18 WHEREAS, the Blair Family YMCA has presented to the City of Blair a proposal for the operation of the Blair Municipal Pool during the 1998 season which proposal has been reduced to a contract which is on file with the City Clerk and is acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED THAT said Agreement between the City of Blair and the Blair Family YMCA is hereby approved and adopted by the municipality, and the Mayor and City Clerk are hereby authorized to execute same on behalf of the City of Blair. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BOEKA . UPON ROLL CALL, COUNCILMEMBERS Boeka, Fanoele, Kros, Reeh and Ryan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 4th DAY OF APRIL, 1998. de e/e--e.„ k /7- -fr."( \ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 0 4v . 2f.p4;;;%, 3 : �� CIIYOp F._o : SEAL IlAt FIRST cum ./ CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY ) :ss: ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 1 4tiay of April, 1998. ALICE I. DIEDRICHSEN, CITY CLERK Thin agreement is made and entered into this 1 4th day of April, 1998 by and between the City of i3lair, a municipal corporation. in Washington County, Nebraska, organized and exist- ing under the laws of the State of Nebraska, hereinafter referred to as "City," and Blair Family YMCA, hereinafter referred to as "Operator." WITNESSETH: Whereas, the City of Blair, Nebraska, owns a public swimming pool located at 16th & Butler, hereinafter referred to as "Pool;" and, and, AGREEMENT Whereas, the Operator has proposed operation of the Pool; and, Whereas, the Operator has determined that Operator can successfully manage the Pool; Whereas, the parties hereto desire to enter into an Agreement for the operation of the Pool in accordance with the terms, provisions, and conditions set forth hereinbelow. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and Operator do hereby mutually undertake, promise, agree, and contract for itself and its successors and assigns as follows: ARTICLE I. - TERM OF AGREEMENT Subject to the terms, provisions, covenants, and conditions set forth hereinafter below and unless earlier terminated in accordance therewith the term of this Agreement shall be for the swimming season commencing on May 25, 1998 and ending September 7, 1998. ARTICLE II. - RIGHT TO OPERATE POOL A. The City hereby grants to the Operator the exclusive right and privilege to operate, manage, and maintain the public swimming pool located at 16th and Butler Street in the City of Blair, Nebraska, during the term of this Agreement, subject to and expressly conditioned upon the terms, provisions, covenants, and conditions as set forth in this Agreement and the timely performance by Operator in strict compliance therewith. B. This Agreement constitutes neither a conveyance nor a lease, but is a management agreement to manage, operate, and maintain the Pool for the purpose of providing a public swimming pool. Nothing in this Agreement shall be construed to provide Operator with any ownership, right, or interest in the Pool. C. Nothing in this Agreement shall be construed to provide authority for control by Operator over any portion of Steyer Park, its parking areas, grounds, improvements, or other facilities. D. In the event the Pool is substantially destroyed by fire, explosion, the elements, the public enemy or other casualty or so damaged, the City shall be under no obligation to repair, re- build, or reconstruct the premises. E. No alterations, additions, improvements, or physical changes to the Pool shall be erected, installed, or permitted by Operator or any person at its request without the prior express written consent and approval of the Director of Public Works. ARTICLE M. - ACTIVITIES AND USES OF POOL A. This Agreement grants the exclusive privilege of operating, managing, and maintaining the Pool as a public swimming facility for and on behalf of the City. Operator covenants and agrees that the premises shall be used exclusively for the operation of a public swimming pool and the provision of services and merchandise attendant to such an operation. B. The Operator acknowledges and agrees that the City has the right to adopt and enforce reasonable park rules and regulations and that it and all of its employees, agents, and servants will faithfully observe and comply with all rules and regulations as may from time to time be promulgated by the City Council. C. The Operator will not suffer or permit to be maintained upon the premises or upon the exterior of any improvements or appurtenances thereto any billboards, signs, or other advertising media except those which have prior written approval of the Director of Public Works; nor will the Operator suffer or permit to be maintained within any structure situated upon or within the premises any signs or other advertising media which concerns goods or services other than those furnished or offered for sale by the Operator in connection with the operation of the pool. ARTICLE IV. - DUTIES AND OBLIGATIONS OF OPERATOR AND CITY A. Utilities. The City shall be responsible for all electrical, water, and sewage charges applicable to the Pool during the term of this Agreement including all utility charges incurred by the City in the process of providing the pool start up and close down operations. B. Chemicals and Other Supplies. The City shall have the responsibility for the order, purchase, and delivery of all chemicals for water treatment and other purposes as required for the proper and lawful operation of the Pool. The Operator shall provide all supplies, equipment, hardware, and other items necessary for the proper and lawful operation of the pools, bath houses, and related functions. Additionally, the Operator shall provide all equipment, repair, and maintenance expenses up to $250.00. C. Maintenance. The City shall be responsible for all maintenance and repairs for all pool and bath house related items including but not limited to all mechanical systems and associated water and electrical supply lines between the pool and their meters and all improvements located within and including the pool fence. D. Trash Disposal. The Operator shall provide adequate sanitary handling and disposal of all trash, garbage, and other refuse located within the pool area and within 100 feet of the pool's fence/bath house perimeter. The Operator shall deposit all waste materials in trash receptacles which shall be provided and serviced by the City. Piling of boxes, cartons, barrels, or other similar items in an unsightly or unsafe manner on or about the premises is forbidden. E. Personnel. All recruitment, hiring, training, supervision, and payment of pool staff for the Pool shall be the responsibility of the Operator. Operator shall comply with all laws, ordinances, rules, and regulations regarding training, licensing, and certification of pool staff, including lifeguards, managerial personnel, and pool operators. Operator shall be solely responsible for payment of all taxes, workers compensation, or other expenses of employment. F. Concessions. The Operator may provide concessions to the swimming public which, in the Operator's opinion, meets the public demand. Operator shall comply with Nebraska State Health Department rules and regulations pertaining to food and beverages in the pool area. ARTICLE V. - POOL START UP - CLOSE DOWN - MAINTENANCE A. Start up. The City agrees to use its best diligence to perform all pool start up functions on or before May 25, 1998, of the contract year and provide the pool to the Operator in an operational condition. B. Consultation. The City agrees to be available to provide advice and consultation regarding pool operation as requested by the Operator. C. Close Down. The City agrees to perform all close down functions for the end of season pool closing. The City and the Operator shall coordinate to insure efficient and timely close down procedures. In the event the City is unable to perform such procedures due to the acts of the Operator or its employees or agents and incurs costs, injuries, or damage, Operator agrees to reimburse City therefor. D. Maintenance of Grounds. The City agrees to maintain the park grounds around the pool to City standards. Such maintenance shall include the mowing of grass, provision of trash receptacles and providing for the removal of such trash. E. Pool Pumps. The City will provide, in proper working condition, both a chlorine and acid pump and will replace or repair these pumps as necessary during the season. The City will provide a vacuum pump in an operational condition. ARTICLE VI. - POOL OPERATIONS A. It is the City's objective to provide the highest quality of service to the public. To accomplish this objective the Operator agrees to manage and operate the Pool with energy, fidelity, diligence, and dedication and in full compliance with all of the provisions of this Agreement. Operator further agrees to: 1. Operate the Pool as authorized herein during days and hours which offers the maximum convenience to the public. The Operator shall, on or before May 25, 1998, submit for approval by the Director of Public Works a schedule of days and hours of operation and shall submit to the Director for approval any changes to such schedule a minimum of 10 days prior to the proposed change 2. Employ persons who are clean, courteous, efficient, and neat in appearance. The Operator shall not employ any person or persons in or about the premises who shall use improper language or act in a loud or boisterous or otherwise improper or unsafe manner. 3. Eject or direct the removal of patrons who are boisterous, loud, using improper language or acting in an unsafe manner. The City expressly grants the Operator and his employees such authority. B. Operator may offer any and all public swim related programs which can be conducted safely and within regulatory requirement at the Pool. These programs may include but are not limited to open swim lessons, swim teams, and pool rentals. C. Operator, its employees, agents or servants, shall at all times during the term of this Agreement comply with the laws and regulations of the United States of America, the State of Nebraska, Washington County, and all applicable ordinances, codes, and regulations of the City of Blair including but not limited to requirements governing the operation of the public swimming pool. Violations thereof by Operator, its agents or employees or revocation of permits or licenses required for lawful and proper pool operation or for the performance of this Agreement shall be cause for termination of this Agreement at the sole option of the City. In addition, Operator shall be thoroughly familiar with and knowledgeable about the provisions of the Nebraska Swimming Pool Handbook published by the Nebraska State Department of Health. ARTICLE VII. - POOL CHARGES The rates to be charged for pool use for the 1998 season are as follows: Youth Membership $ 25.00 Adult Membership $ 35.00 Family Membership $ 75.00 Youth Daily $ 1.50 Adult Daily $ 2.00 Swim Team First Child in family $ 20.00 Second Child in family $ 15.00 Each Additional Child in family $10.00 Swimming Lessons per session $ 15.00 All fees and charges shall be consistently applied and no special or reduced fees shall be offered to any group or individual. ARTICLE VIII. - POOL IMPROVEMENT AND MAINTENANCE ITEM EXCEEDING $250.00 Nothing in this Agreement shall require or obligate the City to provide any repair, maintenance, or improvement to the Pool except as specifically defined herein. The City may individually evaluate any repairs and determine whether it will accept financial responsibility for such repair, maintenance, or improvement. In the event both parties decline to make repairs essential to the proper and lawful operation of the pool, this Agreement will terminate a further described in Article IX. • Notwithstanding the foregoing, the Operator agrees to repair or pay for all damage to the City's property caused by the wrongful or negligent acts or omissions of the Operator, its agents, servants, employees, contractors, invitees, guests, patrons, and suppliers arising out of, whether directly or indirectly, the Operator's operation of the pool. ARTICLE IX. - TERMINATION A. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should any one or more of the following events occur. 1. If the Operator shall file a petition of bankruptcy; or if proceedings in. bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a court shall take jurisdiction of the Operator and its assets pursuant to proceedings brought under the provisions of any Federal reorgani7ation act; or if a Receiver for the Operator's assets is appointed; or if the Operator shall be divested of its rights, power, and privileges under this Agreement by other operation of law. 2. If the Operator shall abandon and discontinue the conduct of the Pool operation. 3. If the Operator shall fail to perform, keep, and observe any of the terms, provisions, covenants, and conditions contained in this Agreement to be performed, kept, and observed by it. 4. If the Operator shall fail to abide by all applicable laws, ordinances, rules, and regulations of the United States, State of Nebraska, Washington County, or the City of Blair. 5. Provided that upon the happening of any of the contingencies recited in subparagraphs 2, 3, and 4 above, the City shall give written notice to the Operator to correct or cure same and if within seven (7) days from the date of such notice, the default to perform or breach complained of shall not have been corrected in a manner satisfactory to the City, then the City shall have the right to terminate this Agreement, without further notice, to enter upon and take full possession of the premises and facilities and to operate or close the pool. Upon such happening, this Agreement shall automatically be deemed to have been irrevocably breached by the Operator and shall terminate. 6. In the event this contract is terminated prior to September 7, 1998, the Operator shall remit to the City the prorata share of membership and season fees collected by the Operator. Said proration shall be based upon the number of days of operation of the pool by the Operator and the remaining number of days until September 7, 1998. 7. This Agreement will terminate and the pool shall close in the event that both the Operator and City decline to provide repairs necessary for the proper and lawful operation of the pool. B. Operator acknowledges and agrees that all rights that it may have under this Agreement shall terminate and does hereby expressly release and waive any rights, claims, or causes of action it may have against the City or its successors in interest which may or could arise, either directly or indirectly as a result of any such action. C. Without prejudice to any other remedy which otherwise might be used for any breach of this Agreement, if the City is required or elects to pay any sum or incurs any obligation or expense by reason of the failure, neglect, or refusal of the Operator to perform any one or more of the terms, conditions, or covenants of this Agreement or as a result of any act or omission of Operator contrary to said terms, conditions, or covenants, the sum so paid or the expense so incurred, including all interest, costs, damages, and penalties shall become a financial obligation of the Operator, thereafter due hereunder and each and every part of the same shall be and become revenue recoverable by the City. ARTICLE X. - RECORDS AND REPORTS A. Operator shall at all times during the term of this Agreement keep or cause to be kept true and complete books, records, and accounts of all fees, charges, and expenses associated with this Agreement. B. The City shall have the right to conduct audit examinations and to examine the books and records of Operator in connection with the operation of the pool facility and attendant sales and services. C. On or before the 30th day of October, 1998, Operator shall submit to the Office of the City Administrator a statement showing "Gross Receipts" received by the Operator from the operation of said facility for that swimming season. The term "Gross Receipts" includes fees received from passes, pool memberships, daily swim fees, lessons, pool rentals, swim team charges, and any and all other fees charged at the pool, and revenues from food and beverage sales of any and all other sundry items. D. Operator shall comply with Nebraska State Health Department rules, regulations, and statutes pertaining to record keeping including but not limited to reporting of pool operation and accident. A. The Operator covenants and agrees to indemnify and hold harmless the City of Blair, its officers, agents, and employees, their successors and assigns, individually or collectively from and against all liability 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 any activity or operation of the Operator on the premises or in connection with its use of the premises or facilities and the Operator further agrees to pay all expenses in defending against any claims made against the City; provided, however, that the Operator shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents, or employees. The Operator and the City 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. B. The Operator shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with at minimum policy limits of $1,000,000 for bodily injury or death and $50,000 for property damage. Said policy shall expressly include the City of Blair as an additional named insured. A certified copy of the policy or a certificate evidencing the existence thereof hall be delivered to the City Administrator within ten (10) days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be canceled, terminated, or materially changed or modified without giving thirty (30) days written advance notice thereof to the City. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the City, raise any defense involving in any way the immunity of the City of Blair, officers, . agents or employees, the governmental nature of the City, or the provisions of any statutes respecting suits against the City. 'C. The Operator shall furnish to the City satisfactory evidence that it carries Workers Compensation Insurance in accordance with the laws of the State of Nebraska. D. In the event the Operator shall fail to obtain any such insurance or shall permit any such insurance or other type of indemnity to lapse or become void, the City may terminate this Agreement. ARTICLE XI. - INDEMNIFICATION AND INSURANCE ARTICLE XII. - INDEPENDENT CONTRACTOR It is understood and agreed by and between the parties that any and all acts of the Operator or its employees, agents, or servants perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of the City. The activities and uses to which the pool property may be put and the privileges, rights, an obligations authorized herein are personal. The Operator agrees that it will not assign its rights granted hereunder without the express written consent of the City. Any purported assignment in violation hereof shall be void. ARTICLE XIV. - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations, and agreements in this Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. A. Notice to the City provided for in this Agreement shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to: Mr. Rodney Storm City Administrator 218 South 16th Street Blair, Nebraska 68008. and notices to the Operator if sent by certified or registered mail, postage prepaid addressed to: Mr. William Oliver Executive Director Blair Family YMCA P.O. Box 578 Blair, Nebraska 68008 ARTICLE XIII. - ASSIGNMENT ARTICLE XV. - GENERAL PROVISIONS or to such other respective address as the parties may designate to each other from time to time in writing. B. The Operator represents that it has carefully reviewed the terms and conditions of the Agreement and is familiar with such terms and conditions and agrees faithfully to comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this instrument. C. The term "City" as used in this Agreement means the City of Blair, Nebraska, and where this Agreement speaks of approval and consent by the City such approval is understood to be manifested by act of the Mayor or his designated representative, except as otherwise expressly stated in this Agreement. D. The Operator covenants that it has not retained or employed any company or person other than bonafide employees working solely for Operator and has not paid nor agreed to pay any fee, commission, percentage, brokerage fee, gift, or any other award for making of this Agreement. For breach of this statement, the City of Blair shall have the right to annul this Agreement without liability. E. Non - Discrimination. The Operator shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. F. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. G. Applicable Law. Parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. H. Interest of the Operator. The Operator covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; it further covenants that in the performance of this Agreement, no person having any such interest shall be employed. I. Merger. This Agreement shall not be merged into any other oral or written Agreement, lease or deed of any type. This is the complete and full agreement of the parties. J. Modification. 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 empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. K. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. In the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity or any such covenant, condition, or ARTICLE XVI. - INVALID PROVISION provision herein contained shall not affect the validity of the reminder of the covenants, conditions, or provisions of this Agreement which hall in all respects remain a legally binding Agreement with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the City or the Oporator in its respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers. Dated at Blair, Nebraska, this 1 4th day of April 1998. A1° 'EST: CITY OF BLAIR, NEBRASKA, A MUNICIPAL CORPORATION ALICE I. DIEDRICHSEN, ~ MICHAEL A. R CITY CLERK (SEAL) r 11 BLAIR FAMILY YMCA B v 1 s COUNCILMEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been forwarded an application for a Class C Liquor License for spirits, wine and beer, On and Off Sale, inside corporate limits for Blair Bar, Inc., dba George's Tavern, Cheryl Samson and Scott Samson. 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 REEH . UPON ROLL CALL, COUNCILMEMBERS Abbott, Boeka, Kros, Reeh, Realph, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY OF APRIL, 1998. ATTEST: �iCl/Lf bF'�GP� ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) RESOLUTION NO. 1998- 19 CITY OF BLAIR, NEBRASKA $-Y MICHAEL A. MINES, MAYOR Q � �� aTY OF ® o 0 ° O i d gAti SERI, # • FIRST CLASS . m °` 4 961. 0 ®' •° aw®� no• rd '&,,5011 0 ®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 28th day o f April 1998. a u t.t ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER RESOLUTION: RESOLUTION NO. 1998 - 20 ABBOTT INTRODUCED THE FOLLOWING WHEREAS, the City of Blair, Nebraska and the State of Nebraska Department of Roads entered into an Agreement on or about October 31, 1995, providing for the construction of Project No. NH- BH -30- 7(110), and Supplemental Agreement Nos. 1, 2 and 3 thereto, and, WHEREAS, it now is necessary that said agreement be further supplemented to fix the City's share of the above construction and the due date of such share. WHEREAS, Supplemental Agreement No. 4 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. 4 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. 4 on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILMEMBERS Abbott Boeka, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28th DAY OF FEBRUARY, 1998. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) -2- CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR b dTY 19C '• SEAL • �p� CLASS • q ® FIRST VVWS 4 e ® � 11° % : et 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 28th day of April, 1998. • ALICE I. DIEDRICHSEN, CITY CLERK SUPPLEMENTAL AGREEMENT NO.4 PROJECT NO. NH- BH -30- 7(110), STATE CONTROL NO. 21220 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS IMPROVE HIGHWAY US-30 IN BLAIR THIS SUPPLEMENTAL AGREEMENT, entered into between the City of Blair, Nebraska, hereinafter referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State ", WITNESSETH: WHEREAS, the parties hereto entered into an agreement executed by the City September 26, 1995 and by the State October 31, 1995, providing for construction of Project No. NH- BH -30- 7(110), and Supplemental Agreement Nos. 1, 2 and 3 thereto, and WHEREAS, it now becomes necessary that said agreement be further supplemented to fix the City's share of the above construction and the due date of such share. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City and State entered into a previous supplemental agreement providing for the City to pave Grant Street from 1st Street to 9th Street with the State crediting the City's share of the grade separation portion of the project for 80 percent of the cost of the Grant Street paving and the State will credit the City for $8,000.00 for the closure of Industrial Road. Based upon the Certificate of Engineer attached hereto, identified as Exhibit "A" and hereby made a part of this supplemental agreement, the cost of the Grant Street paving is $202,255.65, with the State's share being $161,804.52. The total credit to the City for the cost of the grade separation shall be the $161,804.52 for the Grant Street paving, plus, the $8,000.00 for the closure of Industrial Road, for a total credit of $169,804.52. SECTION 2: The City agrees to pay the State within thirty days after receipt of a billing from the State, the City's share of the project costs. The City's share shall be 20 percent of the actual cost of the viaduct from Station 129 +00 to Station 150 +00, up to a maximum cost to the City of $700,000.00 and 20 percent of the remaining roadway portion of the project. The viaduct portion of the project is currently estimated to cost $3,529,152.00, with the City's share being $700,000.00 and the roadway portion of the project is currently estimated to cost $2,372,070.00, with the City's share being $474,414.00; however, both parties recognize this Is a preliminary estimate only and that the final costs may well be higher or lower than this preliminary estimate. The City and State entered into a previous supplemental agreement for this project in which the City released $221,585.00 of its unobligated STP balance to the State. An equal amount of State funds will be allocated to this project. This unobligated STP balance of $22,585.00, plus, the credit as described in Section 1 above, will give the City a total credit of $391,389.52. When a construction contract is awarded, the State will credit the City with the necessary portion of the above allocated $391,389.52' of State funds for 20 percent of all known State incurred expenses for this project. Thirty days prior to construction work beginning, the State will credit the City from the allocated $391,389.52 of State funds in the amount of $118,025.00, which is approximately one month's advance of construction costs. It is understood by the City and State that when the credit balance of $391,389.52 is fully credited to the City's share of the project cost, the City will be billed for 20 percent of all additional project costs for the balance of the project; however, when the City's share of the viaduct portion of the project reaches a total of $700,000.00 in City funds, such billings for the viaduct portion of the project to the City will cease. When the work is completed and all costs accumulated, the State will prepare and submit a final statement to the City showing the refund due to or additional payment due from the City. SECTION 2. Except as specifically amended by this supplemental agreement, all terms and conditions of the agreement executed by the City September 26, 1995 and by the State October 31, 1995, and Supplemental Agreement Nos. 1, 2 and 3 thereto, shall remain in full force and effect. Project No. NH- BH- 30- 7(110) - 2 - City of Blair IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this 28th day of April ATTEST: CITY OF BLAIR �., GC Clerk Alice I. Diedrichsen Mayor Michael A. EXECUTED by the State this --3 day of 4 :e STA E OF NEBRASKA DEPARTMENT OF ROADS RECOMMENDED: 1 Distri C i y AGR -GW /ms Project No. NH- BH -30- 7(110) - 3 - City of Blair Mines 19 98 , 1991 irector - Engineering Wi 5 i TO: Mayor & City Council Date: December 10, 1997 City Hall Blair, Nebraska Mayor & City Council: I hereby certify that the work of constructing certain street improvements within the City of Blair, Nebraska according to plans and specifications entitled "Grant Street Improvements - 1st St. to 9th St - Blair, Nebraska ", under contract by and between Western Engineering Co., Inc. and the City of Blair, Nebraska, dated April 23, 1996 has been fully completed, and that the work as completed is in substantial compliance with the plans and specifications for said work. I further certify that the work as completed involves the following quantities and the amounts: ITEM NO. DESCRIPTION 1. Asphaltic Concrete Base Course 2. Asphaltic Concrete Surface Course 3. 6" PCC Pavement with Integral Curb 4. 7" PCC Pavement with Integral Curb 5. Unclassified Excavation 6. 15" CMP 7. PCC Sidewalk 8. Adjust Existing Sanitary Sewer Manhole to Grade 9. Gravel Road Surfacing 10. Remove Existing Sidewalk 11. Dust Control 12. Remove PCC Driveway 13. Remove PCC Pavement 14. Remove ACC Pavement Total Completed Work The following adjustments in quantities were made during construction: 1. Asphaltic Concrete Base Course (6.07) TN 2. Asphaltic Concrete Surface Course (77.30) TN 3. 6" PCC Pavement with integral Curb 42.00 SY 4. 7" PCC Pavement with Integral Curb 64.00 SY 7. PCC Sidewalk 108.00 SF 8. Adjust Existing Sanitary Sewer Manhole to Grade (1.00) EA 9. Gravel Road Surfacing 4.74 TN 11. Dust Control (100.00) HR Snyder & Associates, Inc. Consulting Engineers David L Bauer, P.E. Iowa Reg. No.: 13395 CERTIFICATE OF ENGINEER THAT WORK HAS BEEN COMPLETED ACCORDING TO CONTRACT GRANT STREET IMPROVEMENTS - 1ST ST. TO 9TH ST. BLAIR, NEBRASKA Total Adjustments Total Original Contract Revised Contract Amount QUANTITY 2,843.93 TN 922.70 TN 392 SY 1414 SY 2850 CY 170 LF 408 SF 4 EA 329.74 TN 116 SF 0 HR 130 SY 1200 SY, 120 SY UNIT COST COST $24.97 $73,509.93 28.73 28,509.17 28.30 10,309.60 - 29.15 41,218.10 - 10.38 29,528.00 29.00 4,930.00 3.30 1,346.40 200.00 800.00 17.50 5,770.45 1.00 116.00 30.00 0.00 9.00 1,170.00 4.75 5,700.00 11.25 1,350.00 24.97 28.73 28.30 29.15 3.30 200.00 17.50 30.00 (151.57) (2,220.83) 1,104.60 1,885.60 356.40 (200.00) 82.95 (3,000.00) ($2,182.85) $204,418.50 $202,255.85 $202,255.85 Exhibit A OUNCILMEMBER KROS RESOLUTION: I RESOLUTION 1998- 21 INTRODUCED THE FOLLOWING BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR, NEBRASKA, that the; customer cfor City Hall Fill Station water usage is hereby set and established as follows: A service charge per fill occurrence will be assessed on the following basis: $3.00 per load for the first 1000 gallons of water, and, each 100 gallons of water in excess of the first 1000 gallons will be assessed a water usage charge of $0.10 per 100 gallons. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a monthly customer charge for temporary use of water meters are hereby set and established as follows: Size of Water Meter Monthly Use Fee 5/8" $15.00 3/4" $15.00 1" $15.00 1' /2" $35.00 2" $35.00 3" $50.00 The fee will be billed monthly to each user. Any water used will be assessed in addition to the monthly meter charge. BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the current base meter charge shall be amended and that the base meter charges set forth below are hereby set and established: Size of Base Meter Monthly Use Fee 5/8" $10.00 3/4" $10.00 1" $10.00 1 %2" $10.00 BE IT FURTHER RESOLVED that the charges set forth above shall be in full force and effect from and after adoption of this Resolution, pursuant to law. BE IT FURTHER RESOLVED that the City Administrator is authorized to promulgate a policy to give written notification to a landowner in the event that a water line stop box is plugged or inoperative that the landowner has 14 days to repair the same and if such repair is not timely performed, representatives of the City may have such repair performed and shall assess the reasonable cost thereof to the landowner. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILME MBERS ABBOTT. BOEKA. KROS, REALPH, REEH, RYAN AND SHOTWELL VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED TIME FOREGOING RESOLUTION PASSED AD ADOPTED THIS 2Rth DAY OF APRIL, 1998. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. 2" $10.00 2 $10.00 3" $10.00 4" $10.00 -2- CITY OF BLAIR, NEBRASKA i CITY OF :41 SEAL . * II FIRST CLASS 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 adoped at a regular meeting of the Mayor and City Council of said City held on the 28th day of April, 1998. ALICE I. DIEDRICHSEN, CITY CLERK CURB STOP PROPOSAL Request proposals from local plumbers for repair of curb stops on a one -year basis stating an hourly rate and requiring a specific response time. When property owner is notified that a stop box is plugged or inoperable, they will be given a certain amount of time to either repair it, have a plumber repair it or the City will have the repairs done and bill the owner. PROPOSAL - BASE METER CHARGES The City, at the present time, requires a base meter to check against the cumulative total of submeters to determine leakage or excessive use. The monthly charge for the base meter is per the rate chart for that meter size. Since this meter is a City requirement we feel that this charge is much higher than necessary to offset the cost of the meter. We propose that a monthly rental fee for the base meter be charged rather than a meter charge as shown on the present rate schedule. Suggested charges are as follows: 5/8" $10.00 3 /4" $10.00 1" $10.00 1 1 /2 $10.00 2" $10.00 2 $10.00 3" $10.00 4" $10.00 PROPOSAL HYDRANT & CONSTRUCTION METER CHARGES Hydrant meters are furnished to contractors for use during the construction season. When the contractor keeps the meter for 5 or 6 months and returns it, he is charged for the water usage on the meter and one meter charge per the water rate chart. We propose a monthly use fee for the meter plus the cost of water used. SIZE PROPOSED MONTHLY USE FEE 5/8" $ 15.00 1/4" $15.00 1" $ 15.00 1 /2" $35.00 2" $35.00 3" $ 50.00 Monthly fee will be billed to contractors each month. When the meter is returned contractor will be charged for water used in addition to the monthly fee. Deposits will no longer be charged. PROPOSAL FOR CITY HALL FILL STATION FEES We propose that a service charge per fill occurrence be charged on the following basis: $3.00 per load for the first 1,000 gal of water. Water usage charges of 10(4 per hundred gallon, over the first 1,000 gallon, will be in addition to the service charges. RESOLUTION 1998- 22 COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to the provisions of the Subdivision Regulation Ordinance of the City of Blair, Nebraska, the Mayor and City Council are authorized by resolution, to set and determine permit, license and application fees, from time to time. WHEREAS, the Mayor and City Council of the City of Blair, Nebraska deem it necessary to increase the application fee for a Replat of Subdivision authorized pursuant to Section 404 of the Subdivision Regulation Ordinance 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 application fee for Replat of Subdivision shall be increased to the sum of One Hundred Dollars ($100.00) plus an amount equal to $1.50 for each lot contained therein; furthermore, that the amended fee shall be appended to the Municipal Code as part of any appendix for permit, license and application fees. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Boeka, Fanoele, Kros, Realph, Reeh, Ryan & Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 12th DAY OF May . 1998. ATTEST: PEGGY FRAHM, DEPUTY CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA B MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) PEGGY FRAHM, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 12th d o f May , 1998. PEGGY FRAHM, DEPUTY CITY CLERK RESOLUTION NO. 1998 - 23 COUNCIL MEMBER KROS INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or part, streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on 16 Street from, Grant to Lincoln, on the West side, for the period of time during which the State of Nebraska officially designates that portion of 16 Street described above as part of the official detour route for U.S. Highway 30 traffic. COUNCIL MEMBER ARROTT RESOLUTION BE ADOPTED AS COUNCIL MEMBER RYAN COUNCIL MEMBERS Abbott , and Shotwell COUNCIL MEMBERS MOVED THAT THE READ, WHICH SAID MOTION WAS SECONDED BY . UP ON ROLL CALL, Boeka, Fanoele, Kros, Realph, Reeh, Ryan VOTING "AYE" AND None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26th DAY OF MAY, 1998. CITY OF BLAIR, NEBRASKA ATTEST: L ..,„ I9-:e./AA- e-e:----A_<_, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) s•' g � � , +o . , ... OF e +R +,ter .. .• CITY OF . • I* SEAL l a - FIRST CLASS : °• 196 ." i • �© , ,79R 1 s ti , STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 1998. ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998 - 24 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, in an effort to minimize damage to city streets and curbs, the City of Blair, Nebraska deems it to be in the best interest of the public to alit a policy providing for grinding concrete curbs rather than cutting concrete curbs. NOW, THEREFORE, BE iT RESOLVED BY TIE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that from and after the effective date of this Resolution, any removal of curbs, which may be authorized by representatives of the City of Blair, on any streets within the City of Blair, shall be performed by gdnding the curb to street level, unless unusual circumstances exist whereby grinding of the curb would be impractical, in. which situation representatives of the City of Blair may authorize the curb to be cut. COUNCIL MEMBER KRos MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION +WAS SECONDED BY COUNCIL MEMBER RYAN _ , UPON ROLL CALL, COUNCIL MEMBERS Abbott, Boeka, Fanoele, Kros, Realph, Reeh, Ryan and Shotwell COUNCIL MEkkitS None VOTING "AYE" AND VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2611. DAY OF MAY, 1998. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) F '7 j p no Sr +' 4 .• CITY OF • I*: SEAL i ll FIRST CLASS/ t +,o s�� ®,.se 1961.0° , pp pp p o,, •° FBR A .; ° ° °aaau +�� a.,,a/9;_e_dAL4e,,,„ ALICE I. DIEDRICHSEN, CITY CLERK ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 1998. COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has be presented with an Agreement between the City of Blair, Nebraska and Andrew M. Ferguson and Edmond E. Talbot to serve as City Prosecutors 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 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 may be necessary for approval of said agreement. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KROS . UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BOEKA, FANOELE, KROS, REEH AND SHOTWELL VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 9th DAY OF jVNE , 1998. ATTEST: J ALICE I. DIEDRICHSEN, CIT % t .., cmr OF % '.2 .o, SEAL ;*ti m s � ° FIRST CLASS o - • • O P O • + 1, • ••.• 1961 ' p,S�Pa B•xaoc .0 (SEAL) RESOLUTION 1998- 25 CITY OF BLAIR, NEBRASKA 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 9th day of June , 1998. -2- , ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENT This Agreement made on June 9 , 1998 by and between the City of Blair, Nebraska hereinafter referred to as "City" and Andrew M. Ferguson and Edmond E. Talbot, hereinafter collectively referred to as "City Prosecutors ". WHEREAS, City desires to hire said Andrew M. Ferguson and Edmond E. Talbot to serve as City Prosecutors for Blair; and, WHEREAS, said City Prosecutors agree and desire to act as prosecutors on behalf of said City; and, WHEREAS, City Prosecutors will prosecute traffic law violations and misdemeanor or infraction criminal law violations on behalf of the City of Blair, Nebraska, and will also administer the pretrial diversion programs implemented and authorized by the City of Blair, Nebraska. FOR VALUABLE CONSIDERATION AND THE MUTUAL COVENANTS AND PROMISES HEREIN, THE PAR'1.1ES HERETO AGREE AS FOLLOWS: 1. PROSECUTION: City Prosecutors shall review all reports from law enforcement personnel pertaining to violations of infractions or misdemeanor criminal or traffic law offenses occurring in the City of Blair, Nebraska and shall diligently represent the City of Blair in all such criminal or traffic law proceedings which are prosecuted under the Municipal Code of the City of Blair, Nebraska and shall attend all court hearings and trials and appeals therefrom under which cases arise; provided further that the City Prosecutors shall also provide all legal advice to personnel of the City of Blair Police Department pertaining to all criminal issues which may arise (i.e. search and seizure issues, etc.) in regard to potential violations of the Municipal Code of Blair, Nebraska. The City Prosecutor shall have the exclusive right to determine whether circumstances exist to warrant prosecution of any traffic or criminal misdemeanor or infraction offenses. 2. PRETRIAL, DIVERSION: The parties agree and understand that the City of Blair has instituted a diversion program for the following offenses, to -wit: a. Minor in Possession of Alcohol; b. Minors, Zero Tolerance pursuant to Neb.Rev.Stat.60- 6211.01 as amended from time to time; c. Reckless driving for any individuals under the age of 21 years; d. Disturbing the peace for any individuals under the age of 21 years; e. Disorderly conduct for any individuals under the age of 21 years; f. Assault for any individuals under the age of 21 years; g. Stop Program - This is diversion for traffic offenses occurring within the City of Blair, Nebraska which is administered pursuant to an agreement with the Safety and Health Council of Greater Omaha, Omaha, Nebraska. City hereby authorizes City Prosecutors to operate and administer the pretrial diversion programs referred to hereinabove. City Prosecutors agrees that any administrative fees charged for the pretrial diversion programs shall be paid by any participant of the diversion program directly to the Blair City Clerk. City Prosecutors shall provide, on a monthly basis, the names, addresses, offense and date of offense for any participant of any pretrial diversion program. 3. TERM: It is further agreed that this Agreement shall be effective from and after July 1st , 1998 and shall continue thereafter until terminated in writing by either party. It is agreed that this Agreement may be terminated by either party giving notice of termination in writing to the other party, thirty (30) days prior to said termination date. 4. CONSIDERATION: In consideration of the services to be performed hereunder, -2- City shall pay City Prosecutors the sum of $1,000.00 per month with said payment to be made as soon as reasonably possible after an invoice has been submitted to City. 5. INDEPENDENT CONTRACTOR: City Prosecutors act as independent contractors and shall not be deemed to be employees of City. ALICE I. DIEDRICHSEN, CITY CLERK -3- Ai LEST: CITY OF BLAIR, NEBRASKA MIC L A. MINES, MAYOR RESOLUTION NO. 1998- 26 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) A stop sign shall be placed at the intersection of 10 Street and Grant Street for the purpose of stopping traffic south bound from 10th Street onto Grant Street in the City of Blair; b) A stop sign shall be placed at the intersection of 12 Street and Grant Street for the purpose of stopping traffic north bound from 12 Street onto Grant Street in the City of Blair. 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 REEH RESOLUTION BE ADOPTED AS READ, COUNCILMEMBER ABBOTT COUNCILMEMBERS ABBOTT, BOEKA, MOVED THAT THE WHICH SAID MOTION WAS SECONDED BY . UPON ROLL CALL, FANOELE, KROS, REEH, AND SHOTWELL VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9th DAY OF JUNE, 1998. ATTEST: 4 /�.�Cil/- ��`�/� ��/�.(.11�.✓l�/!�(� ao oeeeoeocee eo. ®m ALICE I. DIEDRICHSEN, CITY CLER c. a ®- � •a_ CITY cl �® :�,, �• CI1 Y ©F c o A • • (SEAL) SEAL • K m ., FIRST CLASS s'•, x• •.,19 6 ©, ® ® '� `b 4q ,473, STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) -2- CITY OF BLAIR, NEBRASKA L 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 9th day of June, 1998. /4 ,A_f—e- -- '/✓ ALICE I. DIEDRICHSEN, CITY CLERK RESOLUTION NO. 1998- 9 7 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets and pursuant to Section 5 -203 the governing body may by resolution prohibit truck travel upon 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 on both sides of 1S Street from U.S. Highway 30 to Grant Street and Grant Street from Industrial Road to 16 Street for a period of time during which the State of Nebraska designates that portion of 1St Street and Grant Street described above as part of the official detour route for U.S. Highway 30 traffic. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that trucks shall be prohibited from traveling upon Grant Street from 16 Street to 19 Street for the period of time during which the State of Nebraska designates Grant Street from 16t Street to the east as part of the official detour route for U.S. Highway 30 traffic. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KROS . UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BOEKA, FANOELE. KROS. REEH AND MO-MELT, , VOTING "AYE ", AND COUNCILMEMBERS VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JUNE, 1998 CITY OF BLAIR, NEBRASKA HAEL A. MINES, A YOR ATTEST: At L.,,r1/2 - 4ICE I. DIEDRICHSEN, CITY CLERK (SEAL) TATE OF NEBRASKA ) ) *ARINGTON 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 meting of the Mayor and City Council of said City held on the 9th day of June, 1998. ALICE I. DLEDRICHSEN, CITY CLERK RESOLUTION NO. 1998- 2 8 COUNCILMEMBER ix.os 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 signs shall be placed at the intersection of 1s Street and Grant Street for the purpose of stopping traffic northbound and southbound on 1s Street at Grant Street in the City of Blair; b) Stop signs shall be placed at the intersection of 13 Street and Grant Street for the purpose of stopping traffic northbound and southbound on 13 street at Grant Street in the City of Blair; and that the stop signs stopping traffic eastbound and westbound on Grant Street at said intersection shall be removed; c) A stop sign shall be placed on 16 Street for the purpose of stopping traffic northbound at the intersection of 16t Street and Grant Street; d) The stop sign at the intersection of 16` Street and Grant Street which currently stops westbound traffic from Grant Street onto 16 Street shall be removed; and, e) A regulatory sign stating "All Traffic Must Turn Right" shall be placed on Grant Street at 16 Street for westbound detour traffic; provided further that all of the stop signs or the removal thereof, or other regulatory signs set forth above shall be in full force and effect during the period of time during which the State of Nebraska designates the above described streets as part of the official Highway 30 detour. 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 or regulatory sign. COUNCILMEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT . UPON ROLL CALL, COUNCILMEMBERS Abbott, Boeka, Fanoele, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE" AND COUNCILMEMBERS VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23rd DAY OF JUNE, 1998. ATTEST: (SEAL) None S • • • - - - • • CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 23rd day of June, 1998. /9, ALICE I. DIEDRICHSEN, CITY CLERK COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with an Agreement between the City of Blair, Nebraska and Robert B. Woodhouse and Louise H. Woodhouse. 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 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 may be necessary for approval of said agreement. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL CALL, COUNCILMEMBERS ABBOTT, BOEKA, FANOELE, KROS, REALPH, REEH, RYAN AND SHOTWELL. VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23 DAY OF JUNE, 1998. ATTEST: BRENDA R. TAYLOR, C CLERK (SEAL) RESOLUTION 1998 -29 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 23 day of June, 1998. BRENDA R. TAYLOR, CI )f CLERK 234 EASEMENT I L 99 FM 27 1: ! 0 C!1ARLOTTE L. Pi_ I E?,SEN 1" ;N!NG T O a COUNTY,C . This Agreement is made this f day of fl47 ,1999 by and between the' fty off' Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Robert B. Woodhouse and Louise H. Woodhouse, hereinafter referred to as "Grantee ". In consideration of One Dollar ($1.00) and other mutual covenants contained herein the Grantor does hereby grant to the Grantee a non - exclusive right of way easement on the following described real estate: Soren Drive and that Part of Outlot 1 described on Exhibit "A" attached hereto, all located in Deerfield First Addition to the City of Blair, Washington County, Nebraska, for the sole purpose of providing ingress and egress to and from Tax Lot 123 in Section 2. Township 1 $/V North, Range 1 / East of the 6 P.M., Washington County, Nebraska, said access to be for pedestrian or motor vehicle traffic. This easement shall be perpetual in nature and shall run with the land, provided however, Grantor may terminate this easement at such time that other access is provided or available to Grantee. Grantee agrees and understands that Soren Drive is not currently hard surfaced and it is unknown if or when it may be hard surfaced; provided further that Grantor shall not be responsible for the construction or installation of a road or access driveway for Grantee across the easement area nor shall Grantor be responsible for snow removal or other maintenance of any driveway, road or any portion of said easement area; provided further that Grantee shall not hard surface (concrete or otherwise) any portion of the easement area without the prior written approval of Grantor. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the use or maintenance of municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injurie5, or any other liabilities of any nature or kind sustained by any third parties, person, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to -any - damages to municipal property including the right of way, grades, drainage structures, ditches, . roadways, or any other municipal property as the result of the construction of said hard surfacing STATE OF NEBRASKA COUNTY OF WASHINGTON) SS cict >:NTERED IN NUMERICAL Imp AND FILED FOR RECORD THIS a DAVQF A.D.1DL aT ► O'CI.QCI(q M AND RECORD -ED IN BOOK and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. Grantee agrees and understands that this easement is subject to any public or private easements for utilities, and furthermore should Grantor need to relocate any of its utilities or streets, Grantee may be required to remove and / or replace any rock, gravel or any hard surfacing at Grantee's expense. Grantee shall not obstruct the easement area nor shall they contract or place any buildings or structures on the easement area. This easement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns CITY OF BLAIR, NEBRASKA " . A MUNICIPAL CORPORATION ._ MHAEL A. MINES, S MAYOR STA'1'J✓ OF NEBRASKA ) :ss: WASHINGTON COUNTY . ) 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, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easemei nd acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this 73 day of , 1999 GEPIE EYND B A R. TAYLOR I My Comm Exp. June 20, 2000 23 4 ` ,E 23 ROBERT B. WOODHOUSE LOUISE H. WOODHOUSE NOTARY PUBL STATE OF NEBRASKA WASHINGTON COUNTY Before me, the undersigned a Notary Public in and for said county and state, personally cam Robert B. Woodhouse and Louise H. Woodhouse, to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. /J WITNESS my hand and seal this R day of }kW , 1999 ) :ss: GENERAL NOTARY - ate of Nett ... p. 0,2000 BRENDA R. TAYL My Comm. Exp. June 2 ... Notary Public ';;Wp 6 IP. . • •-• 1.321.62 r 11 •• ,.. MI MI ' 7. • 1 7 I • 3.1' 43' 'I l'' 4: Tr sts• t IIS:" I 74,A114 I MU. P. . 01 10.33 4/ .1.31 h i tta.es• A t i it t'4 1 4? 1 ; 1 d. f' 1 it. lai... ••=;•t Ltoi. ii i.: Jilt 1121 113 l 114 ;II 115 4 u6 / necil% 119 -I „:„ 1.17 :, 16\s, ,.... ...... 7ct 7.: UM' '0 VI '''' ' - ..t - r 7 • . : I I. 7 :• It$ 3 . , .. .n, . I Ites.ss _ , -..„,--•---, $1. 3.. / Ire '4\ 2 - - i is' • . ' LS' I 125' ' :V ;N 146-le ,P. 12. 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'`° ' 11 '< - 3 9 W' / 75o, • ,A., ,..f) N. u . ) ,• cP 4 "3:150 e-P 'p Vs. lb. ‘4 PPM It 159 79 R=325.00' 145543'52',Y G=10.9 7' A= .30.213' P. st t./ • IP 55 R 225.00' N68 14'56"E C=22.58' alblt 129.37• 120 .7434 I 5:/V• O' 217.7 * I- / ' • ' 222 i„,/ t r. • . 103.87' Re2225.00 S35704'00 1432 G.e.1 53.04' A..15111.1 6 SE' S41'0124 R = 175,00' N4 1'46 XIX 51 C=1,1.erz A=172.37' '1 5342' SIM '19 1-1 • FIRST ADDITION = LOTS 84 THROUGH 189, INCLUSIVE, AND DUTLOT 1, . BEING A PLATTING OF PART 0 :LOTS 10, 12, 57, 91 AND 95 IN THE SOUTH HALF OF SECTION 2, TOWNSHIP 18 N RANGE 11 EAST OF THE 6tH P.M., WASHINGTON COUNTY, NEBRASKA la:.46 i " •-•- sr 0, I 125 t /1. 12 : S4 Z! irV s7 67' R =275.00 ' R C N3 ., 3; 7 2 6 13: 7 0 2 9:V‘ F lp . A= 1 79.94 4' RESOLUTION NO. 1998- 30 WHEREAS, Alice Diedrichsen has committed over 19 years of her life to public service for the City of Blair, Nebraska; and, WHEREAS, on July 31, 1998, Alice Diedrichsen is retiring from her position as City Clerk of the City of Blair, Nebraska, a position which she has held since January 1, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that with deep regret, the City of Blair, Nebraska accepts the resignation of Alice I. Diedrichsen as City Clerk for the City of Blair, Nebraska and that the years of public service and dedication to the progress and improvements of the City of Blair, Nebraska is hereby publicly acknowledged and recognized Alice Diedrichsen's contributions made a difference to the future of Blair, Nebraska and her presence will be missed. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN . UPON ROLL CALL, COUNCILMEMBERS Abbott, Boeka, Fanoele, Kros, Realph, Reeh, Ryan and Shotwell VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23rdDAY OF June , 1998. ATTEST: a PEGGY FRAHM, DEPUTY CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA ftVf.t.44"... cm/ op �•'; *: SEAL :* _ . FIRST CLASS/ .• STATE OF NEBRASKA ) ):ss: WASHINGTON COUNTY ) PEGGY FRAHM, hereby certifies that she is the duly appointed, qualified, and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23 day of June , 1998. PEGGY FRAHM, DEPUTY CITY CLERK COUNCILMEMBER RESOLUTION: Kros RESOLUTION 1998- 31 INTRODUCED THE FOLLOWING WHEREAS the City of Blair, Nebraska has be presented with an Agreement between the City of Blair, Nebraska and the Washington County Recycling Association. 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 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 may be necessary for approval of said agreement. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Abbott, Ryan, Boeka, Kros, Fanoele, Shotwell, Realph and Reeh VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 11th DAY OF August , 1998. ATTEST: BRENDA R. TAYLOR,,qITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA < A. MINES, MA OR STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of August , 1998. BRENDA R. TAYLOR, C 7 CLERK LEASE AGREEMENT THIS LEASE AGREEMENT entered into on August 11th, 1998, by and between the City of Blair, Nebraska (hereinafter referred to as "Blair "), and the Washington County Recycling Association, a non -profit corporation (hereinafter referred to as the "Association "). WHEREAS, Blair and the Association have been cooperating in recycling efforts within the City of Blair and Washington County; and, in approximately 1992, Blair and the Association entered into an agreement, a portion of which authorized the Association to utilize a part of the premises described as Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska, for recycling efforts of the Association. WHEREAS, the Association has received a One Hundred Fifty Thousand Dollar ($150,000.00) grant, the purpose of which is to construct a new facility for the Association's recycling efforts and that the parties agree that the Association may move its recycling operation from Tax Lot 189, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska, to a portion of Tax Lot 256, in Section 12, Township 18 North, Range 11, East of the 6th P.M., Washington County, Nebraska, which is real estate owned by the City of Blair. FOR VALUABLE CONSIDERATION AND THE MUTUAL COVENANTS AND PROMISES HEREIN, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Leased Premises: Blair hereby does lease unto the Association, the North 175 feet of of Tax Lot 256, in Section 12, Township 18 North, Range 11, East of the 6t P.M., Washington County, Nebraska (hereinafter referred to as "leased premises "). 2. Construction of Building: The Association is hereby authorized to construct a building in which to carry on its recycling efforts; provided however, prior to construction, the Association shall submit its final plans and specifications to Blair for its approval which such approval will not be unreasonably withheld. Subject to the final approval of Blair, the Association may construct the building consistent with the plans and specifications and that the entire cost of said building shall be at the sole expense of the Association and the Association agrees to hold Blair harmless from any liens, claims, causes of action or other liability resulting from the construction of said building and any other improvements associated therewith. Blair agrees to assist with site preparation. 3. Lease Payment: The Association agrees to pay and hold Blair harmless from liability thereon, of the cost of any utilities associated with the leased premises and any improvements thereon, said utilities including, but not limited to, water, sewer, gas and electrical, and further agrees to maintain the improvements in good order and repair, and also shall maintain the outdoors area of the leased premises, free of all rubbish, glass, paper and other debris or loose materials. In consideration of the above, the Association shall not be required to pay a rental fee to Blair during the term of this Lease. 4. Term of Lease: The term of this Lease shall be for a period of 15 years, commencing on August 15, 1998, and ending on August 14, 2013. 2 5. Assigning. Subletting. Alterations: It is provided that the Association shall not, during the term of the this Lease, to -wit: (a) Assign or transfer this Lease nor let or sublet said premises or any part thereof (including improvements thereon); (b) Use nor permit the leased premises to be used for any purpose other than carrying on the recycling business of the Association; (c) Permit any change in occupancy or transfer of this Lease by operation of law or otherwise; (d) Make any alterations or additions or improvements, without prior written consent of Blair; (e) Allow any liens to be placed upon the leased premises or any improvements thereon. Violation of this paragraph shall constitute an event of this default constituting reason for immediate termination of this Lease. 6. Compliance with Laws - Keep Premises Safe and Clean: The Association shall keep and maintain said leased premises and improvements thereon, and operate its business therein, in the manner which shall be in compliance with all laws, rules and regulations, orders and ordinances of the City, County, State and Federal Government and any department thereof. Violation of this paragraph shall constitute an event of this default constituting reason for immediate termination of this Lease. 7. Hold City Harmless: The Association will hold City exempt and harmless for and on account of any damages or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the leased premises, and any improvements or equipment thereon by the Association, or arising from the failure of the Association to keep the leased premises and any improvements or equipment thereon, in good condition, or the Association's failure to comply with any laws, rules, regulations, orders, and ordinances of the City, County, State or 3 Federal Government and any department thereof. 8. Personal Property at Risk of the Association: All personal property in the leased premises shall be at the risk of the Association only and Blair shall have no responsibility or duty over said personal property. 9. Right of City to Enter for Inspection/Repairs: Blair, its agents or representatives, shall have the right to enter the premises at all reasonable times to examine or investigate the same, in regard to compliance with the terms of this Lease. 10. Waiver: The failure of Blair to insist upon a strict performance of any covenants, paragraph or conditions of this Lease or to exercise any right or option herein conferred in any one or more instances, shall not constitute as a waiver or relinquishment for the future of any such covenants, paragraph, conditions, rights or options, but the same shall remain in full force and effect; and the doing by Blair of any act or thing which the Association is not obligated to do hereunder shall not be deemed to impose any obligation upon Blair to do any such act or thing in the future or in any way change or alter any of the provisions of this Lease. 11. Blair's Right Cumulative: All rights and remedies of Blair under or in connection with this Lease shall be cumulative and none shall be exclusive of any other rights or remedies allowed by law. 12. Insurance: The Association agrees to procure and maintain continuously during the term of this Lease, and any extension thereof, public liability insurance in a company acceptable to Blair, at the Association's cost, insuring Blair and the Association against any claims, demands, or actions for injuries to, or death of, any one person in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence. 4 13. Abandonment. Cessation of Business: In the event that the Association abandons the leased premises herein for more than three (3) consecutive months and/or in the event that the Association discontinues its recycling business on the leased premises for more than three (3) consecutive months, then Blair, at its option, may terminate this Lease by giving written notice to Association, which termination shall be effective on the date such notice is sent. 14. Leasehold Improvements: The parties agree and understand that Association intends to construct a building and other improvements on the leased premises. All leasehold improvements, including, but not limited to, permanent fixtures, buildings, plumbing, electrical and sewer improvements and any other improvements associated therewith, shall be deemed to be permanently affixed to the real estate and shall be the property of Blair. The Association shall have the right to use and occupy the leased premises, including any such leasehold improvements thereon, during the term of this Lease Agreement, subject to the terms and provisions contained herein. 15. Removal of Personal Property: The Association agrees, upon termination of this Lease, to promptly remove all of the Association's personal property (said personal property not to include any leasehold improvements described in Paragraph 14 above which under the conditions of this Lease are to remain as part of the premises). 16. City's Remedies Upon Default: In the event of default, the City shall have the following remedies, which are not exclusive and are in addition to any other remedies now or later allowed by law. Upon default of any of the terms and provisions of this Lease Agreement by the Association: 5 (a) The City may, at its option, declare this Lease forfeited and the Lease's term ended, have the right to re -enter the property and have the right to take possession of the property without any further obligation to the Association. The City may remove all persons and personal property at the cost of the Association; or (b) (b) Lessee: August City may instead elect to keep the Association in possession and continue to have all rights and remedies under this Lease. If City elects to keep the Association in possession, City shall have the right under subparagraph (a) for any previous default which remains uncured or for any future default. Nothing in this paragraph shall be interpreted to release the Association from any liability for any indemnification provided to City under this Lease for any occurrence or omission prior to the date of termination of the Lease. 17. Notice: Any notice required to be given under this Lease shall be sent by regular U.S. mail, postage prepaid to: (a) Lessor: City of Blair 218 South 16 Street Blair, NE. 68008 Washington County Recycling Association P. O. Box 266 Washington, NE. 68068 IN WITNESS WHEREOF, the parties hereto have executed this Lease this , 1998. 6 CITY OF BLAIR 11th Michael A. Mayor day of STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) l a t irs GENERAL NOTARY :State of Nebraska BRENDA 13. n OR Comm Exp. . June 20, 2000 GENERAL NOTARY -state of Nebraska BRENDA R. TAYLOR *Comm Exp. Juno 20, 2000 7 WASHINGTON COUNTY RECYCLING ASSOCIATION The fore oin instrument was acknowledged before me this / 'IA day of August 1998, by i c, h 6,,c,.l A . }4 r 'ii , _ �.0 arc of the City of Blair, a municipality, on behalf of the municipality. k N otary Pub The foregoin instrument was acknowledged before me this 25 day of �g 1454 , 1998, by L ' ,&a /ct j Elci(e re f of the Washington County Recycling Association, on behalf of the association. i&e/4 Notary Public COUNCILMEMBER Abbott RESOLUTION: WHEREAS Section 6 -401 and 6 -508 of the Municipal Code of the City of Blair Nebraska, creates a Violations Bureau for the City of Blair, Nebraska for the purpose of assessing and collecting fines for nuisance violations and the City of Blair, Nebraska desires to establish a uniform schedule of fines for violation of such offenses. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that attached hereto marked Exhibit "A" and incorporated by this reference herein sets forth the schedule of fines to be assessed and collected by the City Clerk on behalf of the Violations Bureau for the City of Blair, Nebraska, for violations of the offenses set forth therein. BE IT FURTHER RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR, NEBRASKA that following the passage and publication of this Resolution the City Clerk for the City of Blair, Nebraska shall assess and collect the fines established herein. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Reeh . UPON ROLL CALL, COUNCILMEMBERS Reeh, Realph, Shotwell, Fanoele, Kros, Boeka, Abbott and Ryan VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 11th DAY OF August , 1998. ATTEST: R. TAYLOR, CITJfP CLERK (SEAL) RESOLUTION 1998- 32 INTRODUCED THE FOLLOWING CITY OF BLAIR, NEBRASKA BI' CHAEL A. MINE , MA OR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of August , 1998. The offenses are as follows: EXHIBIT "A" VIOLATIONS BUREAU SCHEDULE OF FINES 1. For each of the offenses listed below, the fine schedule shall be as follows: FIRST OFFENSE IN ANY CALENDAR YEAR SECOND OFFENSE IN ANY CALENDAR YEAR THIRD OFFENSE IN ANY CALENDAR YEAR SECTION NO. DESCRIPTION $25.00 $50.00 $100.00 6 -102 Dog Licenses 6 -103 Dogs; Wrongful Licensing 6 -106 Dogs at Large 6 -109 Dogs; Interfering with Police 6 -110 Dogs; Killing and Poisoning 6 -112 Dogs; Fighting 6 -201 Animals; Running at Large 6 -202 Animals; Banned from Municipality 6 -203 Animals; Wild 6 -206 Animals; Enclosures 6 -207 Fowls; Cock Fighting 6 -208 Baby Poultry 6- 319.01 Misdemeanor; Planting of Trees 6- 319.02 Misdemeanor; Spacing of Street Trees 6- 319.03 Misdemeanor; Planting Distance from Curb and Sidewalk of Park and Street Trees 6- 319.04 Misdemeanor; Planting Distance from Street Corners & Fire Plugs of Street & Park Trees 6- 319.05 Misdemeanor; Tree Topping 6- 319.06 Misdemeanor; Pruning and Corner Clearance of Trees 6- 319.07 Misdemeanor; Removal of Stumps 6- 319.08 Misdemeanor; Interference with Park and Recreation Advisory Board of City Forester 6- 319.09 Misdemeanor; Injury to Trees 6 -320 Misdemeanor; Littering 6 -321 Misdemeanor; Posting (handbills, etc.) 6 -322 Misdemeanor; Notices Official, Unlawful Acts 6-325 Misdemeanor; Window Peeping 6 -326 Misdemeanor, Obstruction of Public Ways 6-328 Misdemeanor; Loitering and Vagrants 6-333 Misdemeanor; Sunk Accumulations 2. For each of the offenses listed below, the fine schedule shall be as follows: FIRST OFFENSE IN ANY CALENDAR YEAR SECOND OFFENSE IN ANY CALENDAR YEAR THIRD OFFENSE IN ANY CALENDAR YEAR The offenses are as follows: SECTION NO. DESCRIPTIQN $ 25.00 $100.00 $200.00 4-501 Nuisances 4 -502 Nuisances 4 -506 Weeds, Grasses/Worthless Vegetation RESOLUTION NO. 1998- 33 COUNCILMEMBER Re eh 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) A stop sign shall be placed at the intersection of 13 Street and Adams Street for the purpose of stopping traffic northbound on 13 Street at Adams Street in the City of Blair; b) A stop sign shall be placed at the intersection of 14 Avenue and Adams Street for the purpose of stopping traffic northbound on 14 Avenue at Adams Street in the City of Blair; c) A stop sign shall be placed at the intersection of 15 Street and Adams Street for the purpose of stopping traffic northbound on 15t Street at Adams Street in the City of Blair. 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 or regulatory sign. COUNCILMEMBER Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan . UPON ROLL CALL, COUNCILMEMBERS Ryan, Reeh, Shotwell, Fanoele,,'Realph, Boeka, Kros and Abbott VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11th DAY OF AUGUST, 1998. ATTEST: BRENDA' R, TAYLOR, CI CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 11th day of August, 1998. -2- CITY OF BLAIR, NEBRASKA MICH?cEL A. MINES, MAYOR R BRENDA R. TAYLOR, CIT LERK EXTRACT OF MINUTES CITY OF BLAIR, NEBRASKA A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7:00 o'clock P.M. on August 25 , 1998 at Blair City Council Chambers. Present were Mayor Mines Councilmembers: Kros, Abbott, Boeka, Fanoele, Shotwell, Realph, Reeh . Absent were: Ryan . Notice of the meeting was given in advance thereof by posting, one of the City's designated methods for giving notice, a copy of the Certificate of Posting being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda are attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. Councilmember Abbott and adoption: offered the following resolution and moved its passage RESOLUTION 1998 -34 BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska: Section 1. The following notes, in accordance with their option provisions are hereby called for payment on October 1, 1998, after which date interest on the notes will cease: Sewer Revenue Bond Anticipation Notes, Series 1995, of the City of Blair, Nebraska, date of original issue — October 15, 1995, in the principal amount of Nine Hundred Eighty Thousand Dollars ($980,000), numbered as shown on the books of the Paying Agent and Registrar, in denomination of $5,000 each, becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate $980,000 October 15, 1998 4.25% Said notes are hereinafter referred to as the "Refunded Notes." Said notes are subject to redemption at any time on or after October 15, 1996, at par and accrued interest, and said interest is payable semiannually. Said notes were authorized by ordinance and were issued for the purpose of providing interim financing pending the issuance ofrevenue bonds of the City for the cost of extending, enlarging and improving the City's sewage disposal plant and sanitary sewer system. Section 2. Said notes are to be paid off at the office of the Treasurer of the City of Blair, Nebraska, as paying agent and registrar. Section 3. A true copy of this resolution shall be filed immediately with the Treasurer of the City of Blair, as Paying Agent and Registrar for the Refunded Notes, and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said notes not less than thirty days prior to the date fixed for redemption, all in accordance with the Ordinance authorizing said called notes. City Clerk f Councilmember Kros seconded the motion for adoption of said resolution, and upon roll call vote the following voted AYE: Kros, Abbott, Boeka Shotwell, Fanoele, Realph and Reeh NAY: None The passage of said resolution having been consented to by more than a majority, the Mayor declared the resolution duly passed and adopted. &L/(d7( City Clerk Mayor COUNCILMEMBER Reeh RESOLUTION: WHEREAS the City of Blair, Nebraska has be presented with an Agreement between the City of Blair, Nebraska and the Blair Rural Fire Protection District. 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 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 may be necessary for approval of said agreement. COUNCILMEMBER Reeh MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Shotwell, Abbott, Kros, Realph, Reeh, Boeka and Fanoele VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 25th DAY OF August , 1998. ATTEST: BRENDA R. TAYLOR, CI't" CLERK (SEAL) RESOLUTION 1998- 35 INTRODUCED THE FOLLOWING CITY OF BLAIR, NEBRASKA BY _.. -�� — 1131CHAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 August, 1998. BRENDA R. TAYLOR, Clpti CLERK INTERLOCAL AGREEMENT This Agreement entered into on August 25 , 1998 by and between the City of Blair, hereinafter referred to as "City" and the Blair Rural Fire Protection District, hereinafter referred to as"District ". WHEREAS, the parties hereto have previously entered into agreements concerning mutual fire protection for the jurisdictional area of the City and the jurisdictional area of the District. WHEREAS, pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. 13 -801, et seq., the political subdivisions herein agree to enter into this Agreement for the purchase of an Equipment Truck for the joint use by the parties hereto. FOR VALUABLE CONSIDERATION AND THE MUTUAL COVENANTS AND PROMISES HEREIN, it is agreed by and between City and District as follows: 1. Purchase of the Eauipment Truck. The City and District desire to jointly purchase a new Equipment Truck ( "Truck "). District hereby authorizes City to purchase the Truck for use by the Blair City Volunteer Fire Department and the District Volunteer Fire Department. The parties hereto agree that the costs of the purchase of the Truck will be paid, one -half by District and one -half by City. It is anticipated that the Truck will be acquired pursuant to the provisions of a Lease with an Option to Purchase and that the parties agree that all lease payments and any option fee for the purchase of said Truck shall be paid one -half by District and one -half by City, with each party making their payment on or before the due date of any payment due thereunder. 2. Operating Expense. The parties hereto agree that any operating expenses associated with the operation and maintenance of the Truck shall be paid one- half by District and one -half by City. 3. Joint Use of Truck. The parties agree and understand that for the mutual benefit of the residents of the City and the residents of the District that the District and the THIS Agreement shall be binding upon and inure to the benefit of the parties hereto or their successors. City be entitled to the joint use of the Truck; provided further that City and District do hereby grant and permit each respective party the right to use such Truck. DATED: August 25th , 1998 CITY OF BLAIR, NEBRASKA By CHAS A. MINES, ayor ATTEST: A'1"1'EST: tiiata A BRENDA R. TA City Clerk OR BLAIR RURAL FIRE PROTECTION DISTRICT SacRa-7afryst. - eretar - �' s��•.- — COUNCIL MEMBER Kros FOLLOWING RESOLUTION: WHEREAS, pursuant to Neb. Rev. Stat. 77 -3443 (1997 Supplement), the City Council of the City of Blair shall review and approve and/or disapprove the levy request of the Blair Airport Authority. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Council have reviewed Resolution No. 1, adopted by the Blair Airport Authority on August 18, 1998, and do hereby approve the levy request of .012937 per $100.00. COUNCIL MEMBER Abbott RESOLUTION BE ADOPTED AS READ, COUNCIL MEMBER Boeka COUNCIL MEMBERS Abbott, Boeka and Reeh COUNCIL MEMBERS MAYOR DECLARED THE FOREGOING 25th DAY OF AUGUST, 1998. ATTE T: None BRENDA R. TAYLOR, C X' CLERK (SEAL) RESOLUTION NO. 1998 - INTRODUCED THE MOVED THAT THE WHICH SAID MOTION WAS SECONDED BY UPON ROLL CALL, . Kros. Shotwell. Fanoele. Realvh VOTING "AYE" AND VOTING "NAY", THE RESOLUTION PASSED AND APPROVED THIS CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 Aug , 1998. BRENDA R. TAYLOR, CITY CLERK • COUNCIL MEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Nebraska Revised Statute 77- 1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the governing body of the City passes, by a majority vote, a resolution or ordinance setting the tax request at a different amount; and WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and WHEREAS, it is in the best interests of the City of Blair that the property tax request for the current year be a different amount than the property tax request for the prior year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, BY A MAJORITY VOTE, RESOLVES THAT: (1) The combined property tax request for the City of Blair for the fiscal year beginning October 1, 1998, be set at .415234 per one hundred dollars of valuation for the City of Blair and is allocated as follows: (2) The property tax request for the Blair Airport Authority for the fiscal year beginning October 1, 1998 be set at .012937 per one hundred dollars of valuation for debt service; and (3) RESOLUTION NO. 1998 - 37 Levy Per Hundred Dollars of Valuation (1) General Fund .28924 (2) Street Fund .107577 (3) Debt Service Fund .018416 The City/Village Clerk certify and forward a copy of this Resolution to the County Clerk prior to October 14, 1998. COUNCIL MEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER Kross . UPON ROLL CALL, COUNCIL MEMBERS Reeh, Realph, Shotwell, Fanoele, Kros, Boeka, Abbott and Ryan COUNCIL MEMBERS None VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8th DAY OF SEPTEMBER, 1998. ATTEST: BRENDA R. TAYLOR, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) VOTING "AYE" AND CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, 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 September, 1998. ..?r TAYLOR Y CLERK BRENDA R. TA , COUNCILMEMBER RESOLUTION: RESOLUTION NO. 1998 - 38 Rros COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCIL - MEMBERS Kros, Abbott, Shotwell, Ryan, Reeh, Realph, Fanoele and Boeka VOTING "AYE" INTRODUCED THE FOLLOWING WHEREAS, the City of Blair, Nebraska has entered into an Agreement with the Village of Arlington, Nebraska, contracting for the services of an Electrical Inspector to be provided by the City of Blair to the Village of Arlington. WHEREAS, the Agreement between the City of Blair, Nebraska and the Village of Arlington, Nebraska, contracting for the services of an Electrical Inspector to be provided by the City of Blair to the Village of Arlington 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 Arlington, 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. AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED 22nd DAY OF SEPTEMBER, 1998. A[TEST: BRENDA R. TAYLOR, CJY CLERK (SEAL) STATE OF NEBRASKA ) ss• WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 September, 1998. CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, CtY:CLERK INTERLOCAL AGREEMENT f e tO e 1 998, by and between the City of This Agreement made this (.0A day o y Blair, Nebraska, a governmental subdivision, hereinafter referred to as "City" and the Village of Arlington, Nebraska, a governmental subdivision, hereinafter referred to as "Village" WITNESSETH: Village hereby- eontraaswith City for-the-services of-an Electrical-Inspector. 2. The parties further. agree that the City shall provide a qualified person to perform the duties of Electrical Inspector as set forth herein. 3. It is agreed by the parties that Village shall: a. Prior to the effective date of this Agreement, adopt the same electrical permit fee schedule as in effect for the. City . and amend the same, from time to time as necessary to maintain the same fee schedule as the City of Blair, Nebraska. b. The Village Clerk shall perform the initial processing of all electrical permit applications and notify the Electrical Inspector, in a timely manner, of any such applications. c. The Village, through its representatives, shall make all determinations in regard to, the qualifications of any electrical contractor performing work or services in the Village of Arlington, such determinations to include but not . be limited to verification that any electrical contractor has complied with all Stale and Village laws, ordinances or regulations in regard to the ap date licensing requirements. The Village shall be responsible for the issuance of any permits after the Electrical Inspector's review and approval; e. The Village shall, prior to the effective date of this Agreement, adopt all the electrical codes currently in effect for the City of Blair, and should the City of Blair amend its electrical code, from time to time, Village agrees to timely adopt such amendments; f ____The Village, through its_representatives, shallxefer all electrical. inspection_ requests to the Electrical Inspector, in a timely matter g. The Village, through its representatives, shall collect all required fees and promptly remit payment to the City for its share of such fees. h. Village shall obtain the necessary permits or approvals from the office of the State Electrical Inspector for the. Village to undertake electrical inspections within the Village corporate limits 4. The City agrees to provide the following services: For commercial building projects, the Electrical Inspector agrees to review all plans and specifications for determination of conformity with electrical codes in effect at that time; provided further, the Electrical Inspector shall also schedule and perform on -site electrical inspections necessary to determine conformity with the electrical codes in effect at the time; b. For residential building projects and all other projects, the Electrical Inspector shall only be required to schedule and perform on -site electrical inspections necessary to determine conformity with the electrical codes in effect at that time; c. Upon completion of the electrical installation to the satisfaction of the Electrical Inspector, a certificate of compliance will be delivered to the Village Clerk. 5. As consideration for the services provided by this Agreement, Village will promptly pay City an amount equal to ninety percent ( 90 %) of the electrical permit fees chargeable pursuant to the applicable electrical code, as amended from time to time; provided further, that in the event that any building project, including a commercial building project, residential building project or other project, shall fail the electrical inspection, the first re- inspection shall be at no charge but an additional fee of $15.00 per re- inspection will be charged by the Village to the general contractor and/or electrical contractor for any subsequent re- inspection to the same building project and such re- inspection fees shall be promptly remitted in full to the City; provided further, that City agrees to notify Village, prior to the date on which a certificate of completion is issued by Village, of any re- inspection charge which is to be assessed and remitted. 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. 7. This Agreement shall be on a month to month basis commencing on (06-to , 1998; provided further, that either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. hereto. 8. This Agreement shall be binding upon the successors and assigns of all parties CITY OF BLAIR, NEBRASKA Al 11,ST: BRENDA R. TAYLOR, C17 CLERK BY cHKIRmAN A IT EST: RESOLUTION 1998- 39 COUNCILMEMBER Realph INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement for a location and feasibility study for a Bypass around the City of Blair, Nebraska. WHEREAS, the Agreement between the City of Blair, Nebraska, the County of Washington and the State of Nebraska Department of Roads for a location and feasibility study for a Bypass around the City of Blair, Nebraska, designated Project No. S -30- 7(1012), 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, the County of Washington 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 THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCILMEMBER . Abbott MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Ryan UPON ROLL CALL, COUNCILMEMBERS Kros, Abbott, Ryan, Shotwell, Reeh, Realph, Boeka and Fanoele VOTING "AYE ", AND COUNCILMEMBERS None VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED TH[S 13th DAY OF October ,1998. ATTEST: BRENDA R. TAYLOR, ¢ I Y CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 13th d o f October , 1998. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR AGREEMENT PROJECT NO. S-30-7(1012), CONTROL NO. 21909 CITY OF BLAIR COUNTY OF WASHINGTON STATE OF NEBRASKA, DEPARTMENT OF ROADS BLAIR. BYPASS THIS AGREEMENT, made and entered into between the City of Blair, Nebraska, hereinafter referred to as the "City", the County of Washington, Nebraska, hereinafter referred to as the "County", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State", WITNESSETH: WHEREAS, the City desires that a location and feasibility study for a Bypass around Blair be performed, and WHEREAS, the City is willing to perform a location and feasibility study, and WHEREAS, the County is willing to participate in the study, and WHEREAS, the State and City are willing to participate in the cost of the above said location and feasibility study, under the following terms and conditions. NOW, THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City agrees to perform, or cause to be performed, a location and feasibility study for a Northeast and Southeast Bypass around the City of Blair encompassing the geographic area from Highway 30 South and West of Blair to Highway 133 South of Blair to Highway 75 South of Blair to Highway 30 East of Blair to Highway 75 North of Blair, or any combination thereof. SECTION 2. The City, County and State agree that the funding for the above said location and feasibility study shall be as follows: City Y2 of Total Cost State 1 /2 ofTotal Cost, up to a maximum. of $50,000 funds County 0 of Total Cost SECTION 3. The City may bill the State for expenses incurred by the City on a monthly basis. The State agrees to pay the City within thirty days after receipt of a billing from the City. The criteria contained in Part 31 of the Federal Acquisition Regulation (48 CFR 31) shall be applied to determine the aliowability of costs incurred by the City under this Agreement L 1 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 or any authorized representatives of the State, and copies thereof shall be furnished by the City if requested. SECTION 4. The parties hereto understand that no State funding is presently available for construction of this project, and there is no guarantee that the Bypass, if determined feasible, will become part of the State Highway System, if constructed. Funding beyond the location and feasibility study shall not be addressed until completion of the above said study. Some form of financing would be necessary for construction that is currently not addressed in any of the three parties planning programs. 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. f �1 EXECUTED by the City this /, a' day of 0 CO ,19�' AI UST: 7 // i f / `Gat -d� Clerk CITY OF BLAIR EXECUTED by the County this / 3 of Ode 9 �-�...._ , 19 � r . COUNTY OF WASHINGTON A 1 ) - / Clerk Chairperson, County Bird' ATTEST: EXECUTED by the State this day of , 19 MMENDE rr Dis "ct Engingc ' — 3 — STATE OF NEBRASKA DEPARTMENT OF ROADS Deputy Director - Engineering EXH B WASHINGTON COUNTY S 114 - 99 A 99 PP.OPOSED NORTHEAST BY-PASS CORRIIDOk ■ •■• PROPOSED SOUTHEAST YPASS COIMOR. /I a COUNCILMEMBER Kros AND COUNCILMEMBERS None RESOLUTION 1998- 40 INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, it is in the best interests of the City of Blair and its citizens to periodically review and update the Blair Police Department Rules and Regulations, Policies and Procedures. WHEREAS, as of October 13, 1998, the Blair Police Department Rules and Regulations, Policies and Procedures have been revised, and a copy of such revised Blair Police Department Rules and Regulations, Policies and Procedures are on file in the office of the City Clerk for the City of Blair and in the office of the Chief of Police for the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Blair Police Department Rules and Regulations, Policies and Procedures, revised as of October 13, 1998, be and hereby are adopted. 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, all employees of the City of Blair Police Department shall abide by the terms and provisions contained therein until such Blair Police Department Rules and Regulations, Policies and Procedures are duly amended, altered or rescinded by the Mayor and City Council. COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER Abbott . UPON ROLL CALL, COUNCILMEMBERS Kros, Abbott, Ryan, Realnh, Boeka, Fanoele, Reeh and Shotwell. VOTING "AYE ", VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 111-1-. DAY OF netnher , 1998. ATTEST: BRENDA R. TAYLOR, C ERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) 13th d o f October CITY OF BLAIR, NEBRASKA BRENDA It. TAYLOR, 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 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with an Easement between the City of Blair, Nebraska, as Grantor, and JCM Investments, Inc., a Nebraska Corporation, as Grantee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Easement 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 OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver said Easement on behalf of the City of Blair, Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROIL CALL,COUNCI •MEMBERS KROS, RYAN, ABBOTT, SHOTWELL, REALPH, REEH, BOEKA AND FANOELE VOTING "AYE ", AND COUNC1LMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 27 DAY OF OCTOBER, 1998. ATTEST: (SEAL) ki/Li 4 6,_ BRENDA R. TAYLOR, JTY CLERK RESOLUTION 1998 -41 CITY OF BLAIR, NEBRASKA BY Avd — f C L A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 27 day of October, 1998. STATE OF NEBRASKA COUNTY OF WASHINGTON) SS ENTEREDIN NUMERICAL I ANDFI1 DFORRECOR THIS DAYOF 9, •1 A. . 19. AT.: .O'CLOCK AND ,xk1'° t: IN BOOK g AT PAGE '05 - .5,Qa Cc tiliTY CLERK Ch EPu.`Cy ?� ,4 In-), 12-1.7r/4 n g(7oa7J EASEMENT 49 Recorded General Numerical Photostat Proofed ennypionn ,r THIS AGREEMENT made on January 14 , 1999 ,by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and JCM Investments, Inc., a Nebraska Corporation, hereinafter referred to as "Grantee ". IN CONSIDERATION as set forth herein and other mutual covenants contained herein, the Grantor does hereby grant to the Grantee an easement over and across a portion of the Grantor's right of way, more particularly described as follows: The median on Deerfield Boulevard Street in Deerfield Addition in the area of the intersection of Deerfield Boulevard Street and Highway 75. 1-7 /LEL) 99 JAN 19 jl 8:39 CHARLOTTE L.PETERSE.N s NcrO,N COUNTY, CLER .: °LA! NtBR This easement is granted for the purpose of the construction, placement, and maintenance of an entrance marker which shall be constructed according to the drawing attached hereto, 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 specific authorization in writing from the Grantor consenting to such modifications. This easement shall continue for five years from the date hereof (the "Initial Easement Period ") and thereafter until such time as the Grantor desires to terminate same. Such termination shall be with cause during the Initial Easement Period and thereafter shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not 496 less than sixty (60) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. During the Initial Easement Period the Grantee shall have the right to cure the default set forth in such notice within such sixty day period. In the event of the termination of this easement during the Initial Easement Period, upon the request of the Grantor, the Grantee shall remove such entrance marker. 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 shall at its expense provide and maintain with respect to this easement and the entrance marker described herein comprehensive general public liability insurance insuring the Grantee as the named insured, and the Grantor as an additional insured, providing coverage of not less than $1,000,000 for injuries to persons or damage to property resulting from the granting of this easement, and the construction, maintenance, repair and existence of the entrance marker. The Grantee shall provide the Grantor with current policies of such liability insurance which policies shall show the Grantor as an additional insured and include an endorsement that the insurance company cannot amend or cancel such insurance policy without providing twenty (20) days prior written notice to the Grantor. The Grantee agrees to keep such insurance policies in effect at all times during the Initial Easement Period. The Grantee agrees to indemnify the Grantor for any losses or damages incurred by the Grantor as a result of the Grantee's failure to obtain and maintain such insurance pursuant to this paragraph. Grantee shall be responsible for and shall pay any expenses related to the maintenance and upkeep of the entrance maker during the Initial Easement Period or until Grantee assigns it's interest in the entrance marker hereunder, whichever first occurs, and the parties specifically agree 2 49 6 their assigns and successors. erfin GENERAL NOTARY • ot Nebnaa BRENDA R;u 9 2 LOR My Conn. Exp. 97 and understand that Grantor shall have no duty or responsibility in the maintenance or upkeep of the entrance marker. Should the Grantee or its assigns fail to maintain the entrance marker as required herein, Grantor shall have the right to terminate this easement and remove the entrance marker subject to the notice and cure provisions set forth herein. This easement may not be assigned by the Grantee, without the prior written consent of Grantor, and the rights under this easement shall not run with the land, however, the Grantee shall have the right to assign its interest in the entrance marker to a homeowners association one of whose purposes includes the maintenance and repair of the entrance marker. This easement shall be binding upon and inure to the benefit of the parties hereto, CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR JCM INVESTMENTS, INC., a Nebraska Corporation SUBSCRIBED AND SWORN to before me this 14th day of January 1499; by Michael A. Mines, Mayor of the City of Blair, Nebraska. 3 497 Notary Public 9 x( SUBSCRIBED AND SWORN to before me this '/` day of ac 1998', by t_a& \ (. (fir e_i rrv`. the president of JCM Investments Inc., a Nebraska Corporatidn) F:\AGREES\REAUEASEMNCM2.BLR 4 .4K2.; Notary P it J 6ENERAt. NOTARY State of Nebraska KRISTY 1. GREGATH My Comm. Exp. Jan. 25, 2000 498 t =C2124211211elL 1...11.„,i 9 +00 - - -- 4 4 9 9 Remove and Relocate "2 -Way" Sign II t Remove and Relocate "45 MPH Speed Lir it" Sign -r } 1 • O O C 0 E 0 co 0. O : CV Ch G1 I e 22 +00 t 3+:30 • 1 +00 REMOVAL PLAN i 113+1)0 \ X00 � � � i 00 - � ----- -'�..- - 1 1:NL 610.. 46\ .c* "?' ti ti r _ ` 1V - - 6 ° rV— ' t l *0 Remove and Relocate "No Passing' Sign Power Pole to be relocated by OPPD 1 I TTCU 13 +20 ** For information Only FIBER OPTICS LINE 1 V T .JV 8 +25 L L ** 26.0' i.E. Of . -- frL l L t.. t v t _ yam. , ` .�.. ' ....; ..„ - .. 2 - - ' .... �� 1 a 11X1= • � I\DC nb 1"' RESOLUTION NO. 1998 — 42 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 37, Sanitary Sewer Extension District No. 56 and Street Improvement District No. 175 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 24 day of November, 1998, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Water Extension District No. 37, Sanitary Sewer Extension District No. 56 and Street Improvement District No. 175; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 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. COUNCIL MEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS RYAN, ABBOTT, SHOTWELL, REALPH, REEH, BOEKA, KROS AND FANOELEVOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF NOVEMBER, 1998. ATTEST: BRENDA R TAYLOR, CI fY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, gl»lified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of November, 1998. BRENDA R. TAYLOR, CLERK RESOLUTION NO. 1998 - 43 COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska Legislature adopted Legislative Resolution No. 428 (LR 428), the purpose of which is to conduct an interim study to examine the extent to which the provisions in Chapter 60, Articles 3, 4, and 5 are capable of efficient and effective enforcement by the Department of Motor Vehicles and law enforcement agencies, focusing specifically on persons driving without a valid operator's license, without proper registration of their motor vehicles, or without current and effective proof of insurance. The study shall include, but is not limited to: (1) E i.• • *i g the effectiveness for purposes of enforcement of the following statutes: 60 -301, 60- 302, 60- 484, 60 -528, and such other statutes as the committee deems necessary to conduct an exploration of the problem of unlicensed, underinsured, and uninsured drivers and those driving unregistered motor vehicles; (2) Reviewing and analyzing the statutes, rules, and regulations of other states and the federal government for possible further solutions which increase the effectiveness of enforcement and compliance with those sections requiring operator's licenses, motor vehicle registrations, and proof of financial responsibility; and (3) Any other maters necessary or proper for complete examination of this issue. WHEREAS, the Legislature's Transportation C.,,.a..%Lo:, has been designated to conduct the interim study to carry out the purposes of LR 428; and WHEREAS, the City of Blair concurs with the intent of LR 428 and wishes to express its sense to the Transportation Committee that the interim study should be given a high degree of priority in order to protect the health, safety, and welfare of the citizens of the State of Nebraska and the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that we express our sense that it is in the interest of the citizens of the State of Nebraska and the City of Blair that the Transportation Committee give a high priority to the interim study directed by the Nebraska Legistlature in LR 428 in order to more effectively meet the problems and damages resulting from persons driving without a valid operator's license, without proper registration of their motor vehicles, or without current and effective proof of insurance. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS KROS, RYAN, ABBOTT, SHOTWELL, REEK REALPH, BOEKA AND FANOELE VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF NOVEMBER, 1998. ATTEST: BRENDA R. TAYLOR, CIS Y CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA I Y i MICHAEL A. MINAS, MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of November, 1998. BRENDA R. TAYLOR, Y CLERK R, ERK RESOLUTION NO. 1998 - 44 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair, Nebraska provides that the governing body may, by resolution, prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the two parking spaces immediately south of the drive- throng)) mailbox drop for the United States Post Office on Front Street between 16 and 17` Streets shall be limited to compact passenger automobiles only, and that the Street Department of the City of Blair is hereby authorized and directed to place signs reflecting the restricted parking area as established by this Resolution. 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. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, SAID MOTION WAS SECONDED BY COUNCILMEMBER REEH. UPON ROLL CALL, COUNCIL MEMBERS RYAN, REALPH, REEH, SHOTWELL, BOEKA, FANOELE, KROS AND ABBOTT VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF NOVEMBER, 1998. CITY OF BLAIR, NEBRASKA MICHAEL A. MiNES, MAYOR ATTEST: (SEAL) BRENDA R. TAYLOR, CIj' CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of November, 1998. BRENDA R. TAYLOR, CIT/I CLERK RESOLUTION NO. 1998 - 45 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska proposes to apply for assistance from the Transportation Enhancement Program for the purpose of constructing segments of a trail system in the City of Blair, Nebraska; and WHEREAS, the project includes the construction of a hiking/biking trail to and from the Missouri River through portions of Blair; and WHEREAS, the City of Blair, Nebraska understands that its share of the project will be a minimum of twenty percent (20 %) of the project cost, if and when the project is finally approved by the City Council of the City of Blair and, furthermore, the City of Blair has the financial capability to operate and maintain the completed trail system in a safe and attractive manner for public use; and WHEREAS, the City of Blair does not have a hiking/biking trail system, and that the Mayor and City Council feel that it would be in the public interest and good if such trail system was established; and WHEREAS, the trail system could be established to link residential areas of the City of Blair with the Missouri River Corridor in which a study is currently underway for the development of the "Back to the River" Project. 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 plan for the development of a trail system within the City of Blair which would extend to the Missouri River. COUNCILMEMBER KROS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL CALL, COUNCIL MEMBERS KROS, RYAN, ABBOTT, SHOTWELL, REEH, REALPH, BOEKA AND FANOF.i E VOTING "AYE" AND COUNCILMEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF NOVEMBER, 1998. EST: BRENDA 67)-64(/ BRENDA R. TAYLOR, P► CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL A. NIINE , MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council. of said City, held on the 10th day of November, 1998. RESOLUTION NO. 1998 - 46 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, in order to provide for a coordinated response to a disaster or emergency in Washington County, the City of Blair and other cities and villages of Washington County, the Blair City Council deems it advisable and in the best interests of the Community and Washington County to approve the Washington County Local Emergency Operations Plan (` LEOP") as presented at the November 10, 1998 City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the City of Blair, Nebraska, approve the Washington County Local Emergency Operations Plan (` LEOP") as presented at the November 10, 1998 City Council meeting. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KROS. UPON ROLL CALL, COUNC1LMEMBERS REEH, REALPH, RYAN, ABBOTT, SHOTWELL, BOEKA, FANOELE AND KROS VOTING "AYE" AND COUNCIL EMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF NOVEMBER, 1998. ATTEST: /5/ BRENDA R. TAYLOR, ITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY_OF_BLAIR, NEBRASKA BRENDA it TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of November, 1998. BRENDA It TAYLOR, ` TY CLERK RESOLUTION NO. 1998 - 47 COUNCILMEMBER SHOTWELL INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Street Improvement District No. 175, Sanitary Sewer Extension District No. 56 and Water Extension District No. 37 have been completed, and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Street Improvement District No. 175, Sanitary Sewer Extension District No. 56 and Water Extension District No. 37 have been specially benefitted 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 Street Improvement District No. 175, Sanitary Sewer District No. 56 and Water Extension District No. 37. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any charges heretofore made by the Board of Equalization. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments, any may be paid within said time without interest, but any installment not paid by said dates 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 the date of delinquency at the rate provided by law. Said installments for Street Improvement District 175, Sanitary Sewer Extension District No. 56 and Water Extension District No. 37 shall become delinquent in ten (10) equal installments, as follows: SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City Clerk to the Treasurer of the City for collection. SECTION 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. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANORT F. UPON ROLL CALL, COUNCILMEMBERS ABBOTT, SHOTWELL, REALPH, REEH, BOEKA, AND FANOELE VOTING "AYE" AND COUNCILMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED TIIS 24TH DAY OF NOVEMBER, 1998. (SEAL) 1 /10th - January 14, 1999 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 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, 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 24 day of November, 1998. BRENDA R. TAYLOR, Cl/ CLERK Owner Judt Electric Inc., a Nebraska Corporation City of Blair City of Blair Assessments Schedule Street Improvement District No. 175 Legal Description Lot 1, Pleasant Valley Subdivision Lot 2, Pleasant Valley Subdivision Lot 3, Pleasant Valley Subdivision Lot 4, Pleasant Valley Subdivision Lot 5, Pleasant Valley Subdivision Lot 6, Pleasant Valley Subdivision Lot 7, Pleasant Valley Subdivision Lot 8, Pleasant Valley Subdivision Lot 9, Pleasant Valley Subdivision. Lot 10, Pleasant Valley Subdivision Lot 11, Pleasant Valley Subdivision Lot 12, Pleasant Valley Subdivision Lot 13, Pleasant Valley Subdivision Lot 14, Pleasant Valley Subdivision Outlot I, Pleasant Valley Subdivision Intersection — Hwy 30 & Pleasant Valley Blvd. Assessment Amount 9,271.49 3,794.04 3,794.04 3,794.04 3,794.04 3,794.04 3,794.04 4,737.02 4,737.02 3,794.04 3,794.04 3,794.04 3,794.04 LT. 096 E2,4 3,957.69 6,122.23 Owner Judt Electric Inc., a Nebraska Corporation Assessments Schedule Water Extension Distict No. 37 Legal Description Lot 1, Pleasant Valley Subdivision Lot 2, Pleasant Valley Subdivision Lot 3, Pleasant Valley Subdivision Lot 4, Pleasant Valley Subdivision Lot 5, Pleasant Valley Subdivision Lot 6, Pleasant Valley Subdivision Lot 7, Pleasant Valley Subdivision Lot 8, Pleasant Valley Subdivision Lot 9, Pleasant Valley Subdivision Lot 10, Pleasant Valley Subdivision Lot 11, Pleasant Valley Subdivision Lot 12, Pleasant Valley Subdivision Lot 13, Pleasant Valley Subdivision Lot 14, Pleasant Valley Subdivision Outlot 1, Pleasant Valley Subdivision Assessment Amount 1,447.67 592.37 592.37 592.37 592.37 592.37 592.37 739,60 739.60 592.37 592.37 592.37 592.37 2669.29 614.05 City of Blair Owner Judt Electric Inc., a Nebraska Corporation Legal Description Lot 1, Pleasant Valley Subdivision Lot 2, Pleasant Valley Subdivision Lot 3, Pleasant Valley Subdivision Lot 4, Pleasant Valley Subdivision Lot 5, Pleasant Valley Subdivision Lot 6, Pleasant Valley Subdivision Lot 7, Pleasant Valley Subdivision Lot 8, Pleasant Valley Subdivision Lot 9, Pleasant Valley Subdivision Lot 10, Pleasant Valley Subdivision Lot 11, Pleasant Valley Subdivision Lot 12, Pleasant Valley Subdivision Lot 13, Pleasant Valley Subdivision Lot 14, Pleasant Valley Subdivision Outlot 1, Pleasant Valley Subdivision Assessments Schedule Sanitary Sewer District No. 56 Assessment Amount 3,575.70 1,463.17 1,463.17 1,463.17 1,463.17 1,463.17 1,463.17 1,826.82 1,826.82 1;463.17 1,463.17 1,463.17 1,463.17 6,593.13 1,657.11 2 g 4rg, /7 7 EXTRACT OF MINUTES CITY OF BLAIR, NEBRASKA. A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7: 00 o'clock P.M. on 1)54 3,511 9 , 1998, at 218 'S®b t GMA 5nteGr, 13th, PeR2 Present were: Mayor f �ii.c e. i Councilmembers: ? , e RtiRti , 5 i - rw tt,i Ferivegix Tr, t m . Absent were: ex.n . Notice ofthe meeting was given in advance thereof by publication, the City's designated method for giving notice, a copy of the Proof of Publication being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda are attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. Councilmember Rq ) offered the following resolution and moved its passage ad adoption: RESOLUTION - 1998 -48 BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska: Section 1. The following bonds, in accordance with their option provisions are hereby called for payment on January 19, 1999, after which date interest on the bonds will cease: Water System Revenue and Refunding Bonds, Series 1992, of the City of Blair, Nebraska, date of original issue - November 1, 1992, in the principal amount of One Million Seven Hundred Ninety Thousand Dollars ($1,790,000), numbered as shown on the books of the Paying Agent and Registrar, in denomination of $5,000 each, becoming due and bearing interest as follows: L Principal Amount Maturity Date Interest Rate $ 80,000 May 1, 1999 5.00% 80,000 May 1, 2000 5.10 85,000 May 1, 2001 5.25 85,000 May 1, 2002 5.50 90,000 May 1, 2003 5.75 95,000 May 1, 2004 5.90 100,000 May 1, 2005 6.00 105,000 May 1, 2006 6.10 115,000 May 1, 2007 6.15 955,000 May 1, 2014 6.30 Said bonds are hereinafter referred to as the "Refunded Bonds." Said bonds are subject to redemption at any time on or after November 1,1997, at par and accrued interest, and said interest is payable semiannually. Said bonds were authorized by ordinance and were issued for the purpose to defease and refund on May 1, 1994, $2,310,000 Water System Revenue Refunding Bonds, Series 1988 and pay costs of maintaining, extending, enlarging and improving the waterworks plant and water system of the City. Section 2. Said bonds are to be paid off at the office of The Fremont National Bank and Trust Company, Fremont, Nebraska, as paying agent and registrar. Section 3. A true copy of this resolution shall be filed immediately with The Fremont National Bank and Trust Company, Fremont, Nebraska, as Paying Agent and Registrar for the Refunded Bonds, and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with the Ordinance authorizing said called bonds. In addition, a true copy of this resolution shall be filed with the Office of the Auditor of Public Accounts of the State of Nebraska at least thirty (30) days prior to the call date of the Refunded Bonds. TesZvtl City Clerk PASSED AND APPROVED this B day of . 1998. Councilmember PoT seconded the motion for adoption of said resolution, and upon roll call vote the following voted AYE: R ' . oyrd J �. A f < SF'O t- , e y NAY: ®IZS The passage of said resolution having been consented to by more than a majority, the Mayor declared the resolution duly passed and adopted. " City Clerk RESOLUTION NO. 1998 — 49 COUNCILMEMBER REALPH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the members of the City of Blair Volunteer Fire Department and Volunteer Rescue Squad have saved lives and property by sacrificing their time and risking their lives for the citizens of Blair, Nebraska. WHEREAS, in addition to the emergency response services provided to the citizens of Blair, the members of the Blair Volunteer Fire Department and Blair Volunteer Rescue Squad have, over the years, raised monies for their purposes from numerous fund raisers, donations, and other activities, including fees charged for transporting persons in the rescue squad and fees charged for use of the Blair Fire Hall, and that the City of Blair desires to clarify that these funds are the property of the fire and rescue volunteers. WHEREAS, the members of the Blair Volunteer Fire Department and Blair Volunteer Rescue Squad have created a non-profit entity known as the `Blair Fire and Rescue Volunteers, a Nebraska Non -Profit Corporation ", the purpose of which is to provide for a non-profit organization to serve the needs of the Blair Volunteer Fire Department and Blair Volunteer Rescue Squad personnel. AREAS, all of the donations, contributions, bequests, or annuities made to the Blair Voluneee Fire Department and Blair Volunteer Rescue Squad and all other monies raised by or for the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad, including but not limited to the funds generated from any transportation fees or any other fees or monies generated by the services of the 13 jr Volunteer Fire Department or Blair Volunteer Rescue Squad, or any fees or rents received from the Blair Fire Hall located at 16 & Lincoln Streets in Blair, Nebraska, are to be set over and conveyed from the City of Blair to the Blair Fire and Rescue Volunteers, a Nebraska Non Profit Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that any monies, funds, or other accounts which contain proceeds from donations, contributions, bequests, or annuities made to the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad, and all monies raised by or for the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad from any transportation fees or other fees charged by the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad, or any fees or rents received from the Blair Fire Hall located at 16°i & Lincoln Streets, shall be set over and conveyed from the City of Blair to Blair Fire and Rescue Volunteers, a Nebraska Non -Profit Corporation. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Blair that, until such time as the Mayor and City Council may decide and resolve otherwise, at their discretion, all future monies, funds, or fees generated from donations, contributions, bequests or annuities to or for the benefit of the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad and all other monies raised by or for the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad, including but not limited to the funds generated from any transportation fees or other fees or monies generated by the services of the Blair Volunteer Fire Department or Blair Volunteer Rescue Squad, and any fees or rents generated from the usage of the Blair Fire Hall located at 16 & Lincoln Streets, are to be set over and conveyed to Blair Fire and Rescue Volunteers, a Nebraska Non -Profit Corporation. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Blair that the funds set over and conveyed to Blair Fire and Rescue Volunteers, a Nebraska Non -Profit Corporation, or otherwise raised or generated by the Blair Volunteer Fire Department and Blair Volunteer Rescue Squad, may be used, in their discretion, for the purchase of equipment, the training and/or retention of personnel, and other projects or programs for the enhancement of emergency response services for the citizens of Blair, Nebraska, which are not otherwise furnished by the City of Blair. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Blair that the Mayor and City Clerk are hereby authorized to execute and deliver all documents, instruments, or other forms necessary to complete the transactions authorized hereinabove. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER REALPH UPON ROLL CALL,COUNCILMEMBERS ABBOTT, RYAN, KROS, FANOFi R, SHOTWELL, REALPH AND REEH VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8TH DAY OF DECEMBER, 1998. ATTEST: PEGGY 3 (SEAL) AA DEPUTY CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) PEGGY I FRAHM, 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 December, 1998. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, YdR PEGGY I EPUTY CITY CLERK