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2000
.. - ~. ,~ - COUNCILMEMBER WHEREAS, the of the Maintenance December 12, 1994; and WHEREAS, said Blair. NOW, THEREFORE, Agreement No. 6 with the hereby adopted and approved are hereby authorized and and No, BE. COUNCILMEMBER i12Y~ READ, WHICH SAID MOTIQN ROLL CALL, COUNCIL-MGM] MCMANIGAL, BOEKA, AFB( VOTING "NAY", THE MAYOR I APPROVED THIS 1 l~ DAYS, OF OLUTION N0.2000 - 1 THE FOLLOWING RESOLUTION: Council have been presented with an Agreement Renewal 6 with the Nebraska Department of Roads, originally dated on file with the City Clerk is acceptable to the City of RESOLVED that said Agreement Renewal of Maintenance Department of Roads originally dated December 12, 1994, is and the Mayor and City Clerk of the City of Blair execute same on behalf of the municipality. MOVED THAT THE RESOLUTION BE ADOPTED AS ~ SECONDED BY COUNCILMEMBER ABBOTT. UPON :S REEH, RYAN, REALPH, SHOTWELL, FANOELE, ' VOTING "AYE" AND COUNCILMEMBERS NONE LARED THE FOREGOING RESOLUTION PASSED AND V[JARY, 2000. CITY OF BLAIR, NEBRASKA ATTEST: ~~ ~~~~~~~ BRENDA R. TA BY MI L A. MINES, MAYOR (SEAL) w - . 4 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 January, 2000. 2.~r L. BRENDA R. TAYLOR, Y CLERK -2- •~• °~' ~ A Maintenance- Agreement No. 6 Maintenance Agreement Between the Nebraska Department of Roads and the. MunirJpality of Blair - Municipal Extensions in Blair AGREEMENTRENEWAL We hereby agree that Maintenance Agreement No. 6 as described above, be renewed for the. period January 01, 2000 to December 31, 2000. All figures, terms, and exhibits to remain in effect as per the original agreement, dated December 12, 1994. IN WILNESS WHEREOF, the parties hereto have caused these presenf~ to be executed by their proper offtcials thereunto duly authorized as of the dates below indicated. DCECUTED by the City this 11th. day of January , ~~ ~nno ATTEST: .CITY OF Blair Nebraska r City Clerk Bre a Taylor. ayor Michae Mines EXECUTED by the Site this day of '~~~`f ZOOQ. STATE OF NEBRASKA DEPARTMENT OF ROADS Maintenance Manager QE9~o7 ~'r~ 0120/2000 16:06 4024264848 ~~ ~~~~ s~ . ~o~,t ~r~h Tae~a[ ~O Z/8/zaao COUNCII.MEMBER INTRODUCED THE FOLLOWING RESOLUTION: ~U'HEREAS, -the City of Blain, Nebrraska b,as beu~ pmsemted with an Easement between the City of Blair, Nebraska, as Grantor, and Omaha Public Power D~.strict, as Grantee. NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITX COUNCIL (?I` THE CITY OF BLAT.It, NEBRASKA, that the Easement attached hereto, m~axketl Exhibit ``A" arad by this reference made a part hereof as though frilly set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY' OI+~ BLAIR, ~TEBRASI~A, is hereby authorized to execute and deliver said Easement on behalf of the City of Blair, Nebraska. COUNCILMEMBER MOVED THAT THE RESQLUTIOi~i BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER UPON ROLL CALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILMEMBERS VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTEb THIS DAY of , aaoo. crrY of BLAIR., NEBRASKA Bx MICHAEL A. N.[1NES, MAYOR ATTEST: BRENDA It.. T.AXI.OR, CITY CLERK (SEAL) 01/20!2000 16:06 4024264848 Pr~GE 03 STA,'f~ OF NEHTtASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TA'Y"LOR 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 Mayar a~,d City Cauocil of said City held an the ~ day of , 2000, BREN]7A R. TAYLOR, CITY CLERK ANCR DOC.# December 14, 1999 ANCHOR AND DOWN GUY EASEMENT City of Blair Owner(s) of (agent for) the real estate described as follows; and hereafter referred to as "Grantor". Beginning at the North t/a corner of Section 12, T18N, R11E and assuming the North line of Section 12 to bear due East and West; thence East along the North Section line a distance of 465.00 feet to the point of beginning; thence East a distance of 20.00 feet; thence South a distance of 25.00 feet; thence West a distance of 20.00 feet; thence North a distance of 25.00 feet to the point of beginning. In consideration of the sum of $( 1.00) and other valuable considerations, receipt of which is hereby acknowledged, do hereby grant to the OMAHA PUBLIC POWER DISTRICT, its successors and assigns, hereafter referred to as "District", a permanent easement, with rights of ingress and egress thereto, to install and maintain anchor(s) and down guy wire(s) upon, over and under that portion of the above described real estate as follows: (See reverse side hereof for sketch of easement area.) CONDITIONS: The District shall install and maintain on said down guy .wire(s) suitable and durable protective device(s) or guard(s). After anchor(s) and down guy(s) have been installed, no permanent buildings or other structures shall be placed in or encroach the easement and no change in grade elevation or any excavations shall be made therein without prior written approval of the District, but the same may be used for landscaping or other purposes that do not then or later interfere with the granted easement uses. The District agrees that it will provide to a permanent residence one future overhead service line for the benefit of the Grantor over and upon the above mentioned real estate and at no charge to the Grantor or future owners of said real estate. The foregoing right is granted upon the express condition that the District will assume liability for all damages to the above described property caused by the Districts failure to use due care in its exercise of the granted right. It is further agreed Grantor has lawful possession of said real estate, -good, right and lawful authority to make such conveyance and that his/their heirs, executors, administrators, successors and assigns shall warrant and defend the same and will indemnify and hold harmless the District forever against the claims of all persons whomsoever in any way asserting any right, title or interest prior to or contrary to the conveyance. IN WITNESS WHEREOF, the Owner(s) have executed this instrument this day of ,19_ OWNERS SIGNATURE(S) <COMPLETE ACKNOWLEDGMENT OF THE REVERSE SIDE HEREOF> CORPORATE ACSNOWI.EDGMENT STATE OF COUNTY OF • On this. day of ,19 ,before the the undersigned, a Notary Public in affil for said Couary, petsotmlly carne Presidecu of persamal[y to me known to be the identical person(s) who signed the foregoing instrtnttent as gtacgor(s) sud who acknowledged the execution thereof to be voluntary act affil deed for the purpose therein expressed. Witness my hand and Notarial Seal the date above written. NOTARY PUBLIC t- ~1 ADAMS s• YOUTH SPORTS COMPLEX NE 1/a, Section 12 , T 18 N, R 11 E, County ,Washington ROW RD Date 12!14/99 Customer Rep. Salerno Engineer Salerno ,~Srvc Req. # 5081 W.O.# 0004425201 INDIVIDUAL ACEN0IVLEDGMENT STATE OF COUNTY OF On this day of ,19 , beforc me the undersigned, aNotary- PubUc in and for said County and State, persffimlly appeared personally to me known to be the identical persorKs) and who acknowledged the exeauon thereof to be voluntary act affil deed for the purpose therein expressed. Witness my ham and Notarial Seal the date above written. 215' NOTARY PiJBLIC 170' 20' X 25' OPPD EASEMENT AREA ANCR DOC.# December 14, 1999 ANCHOR AND DOWN GUY EASEMENT -City of Blair Owner(s) of (agent for) the real estate described as follows, and hereafter referred to as "Grantor". Beginning at the North '/a corner of Section 12, Tl$N, R11E and assuming the North line of Section 12 to beaz due East and West; thence East along the North Section line a distance of 465.00 feet to the point of beginning; thence East a distance of 20.00 feet; thence South a distance of 25.00 feet; thence West a distance of 20.00 feet; thence North a distance of 25.00 feet to the point of beginning. In consideration of the sum of $( 1.00) and other valuable considerations, receipt of which is hereby acknowledged, do hereby grant to the OMAHA PUBLIC POWER DISTRICT, its successors and assigns, hereafter referred to as "District", a permanent easement, with rights of ingress and egress thereto, to install and maintain anchor(s) and down guy wire(s) upon, over and under that portion of the above described real estate as follows: (See reverse side hereof for sketch of easement area.) CONDITIONS: The District shall install and maintain on said down guy wire(s) suitable and durable protective device(s) or guard(s). After anchor(s) and down guy(s) have been installed, no permanent buildings or other structures shall be placed in or encroach the easement and nq change in grade elevation or any excavations shall be made therein without prior written approval of the District, but the same may be used for landscaping or other purposes that do not then or later interfere with the granted easement uses. The District agrees that it will provide to a permanent residence one future overhead service line for the benefit of the Grantor over and upon the above mentioned real estate and at no charge to the Grantor or future owners of said real estate. The foregoing right is granted upon the express condition that the District will assume liability for all damages to the above described property caused by the Districts failure to use due care in its exercise of the granted right. It is further agreed Grantor has lawful possession of said real estate, good, right and lawful authority to make such conveyance and that his/their heirs, executors, administrators, successors and assigns shall warrant and defend the same and will indemnify and hold harmless the District forever against the claims of all persons whomsoever in any way asserting any right, title or interest prior to or contrary to the conveyance. IN WITNESS WHEREOF, the Owner(s) have executed this instrument this day of ,19_ OWNERS 5IGNATURE(S~ <COMPLETE ACKNOWLEDGMENT OF THE REVERSE SIDE HEREOF> s CORPORATE ACBNOY4LEDGMI:NT STATE OP COUNTY OF On this day of ,19 , before txie the underslgoed, a Notary Public in and for said Cotmty, pets~ally ~ President of petaotreily to u~ known to be the idetaical persot~s) who ~goed the foregoing insavment as grantor(s) ami who acYnowIedged tl~ execwdon thereof to be voluntary act and deed for the purpose therein expressed. Witness my hand aml Notarial Seat the date above written. NOTARY PUBLIC 1-- 0 ADAMS ~~l~ YOUTH SPORTS COMPLEX NE ~a, Setxion 12 , T 18 N, R it E, County Wasltinaton ROW RD Date 12/14/99 Customer Rep. Salerno Engineer Salerno Srvc Req. # 5081 W.O.# 0004425201 IINDTVIDUAL ACBiVOWLEDG1t+IENT STATE OF COUNTY OF On this day of ,19 ,before me the uo<lersigned, a Notary Public in and for said Coumy aad State, persotmlty appeared petaonaUy ~ me lmown to be the idetnical person(s) atal who acktrowIedged the execution ttun+eof to be valwttary act aad deed for the patpose ttusrein expressed. Witness my item/ aril Notarial Seal the date above written. NOTARY PUBLIC ^w r-i 20' X 25' OPPO EASEMENT AREA CITY OF BI~t1Il~ IOrO~ise of a J~`` ~~ October 27, 1999 Mark Salerno OPPD RE: Guy Wire Easement Dear Mr. Salerno, Enclosed are two (2) copies of the above easement. After obtaining the appropriate signatures, please return both copies to our office for the Mayor's signature. Once the Mayor has signed, we will file these easements at the County Clerk's office and return one (1 }copy for your file. If you have any questions, feel free to contact me. Thank you for your assistance in this matter. Sincerely, Brenda Taylor City Clerk Enc 218 South 16th Street • Blalr, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 • E-mall clfyofblalr@huntel,net .- EASEMENT This Agreement made this day of ,1999, by and between the City of Blair, Nebraska., a Municipal Corporation, hereinafter referred to as "Grantor", and Omaha Public Power District, hereinafter referred to as "Grantee". In consideration of the mutual covenants contained herein, the Grantor does hereby grant to the -Grantee an easement on the. real: estate described on Exhibit "A", attached hereto and incorporated by this reference herein, for the sole purpose of installing, maintaining, anal replacing a guy wire. This easement shall continue until such time as the Grantor desires to terminate same. -Such termination may be with or without cause and shall be in-the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than thirty (30) days prior to such termination which such notice maybe given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall promptly remove such guy wire, at its expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee :further hereby agrees to save harmless and indemnify the Grantor from any and .all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as-well to any claims, causes of action, damages, injuries, or any other. liabilities of any nature or kind sustained by .any. third parties, persons, or any other entitieswhich 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 shill further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said parking lot and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantee and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent. to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUI~TICTPAL CORPORATION, Grantor BY .Michael A. Mines, Mayor OMAHA PUBLIC POWER DISTRICT, Grantee STATE OF NEBRASKA ) By as: WASHINGTON COUNTY ) ..Before me, the undersigned,. a Notary Public in and for said county and states, personally came Michael A. Mines, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signedthe-above and foregoing Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed on behalf of said City. WITNESS my hand and seal this day of , 1999. NOTARY PUBLIC STATE OF NEBRASKA ) )ss WASHIl~TGTON COUNTY. ) Before me, the undersigned,. a Notary Public in and for said countyand states, personally .came of Omaha Public Power District, to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his voluntary act and deed on behalf of said Omaha Public Power District. WITNESS my hand .and seal-this day of - , 1999.- --- - --- _ - --- - -- _ - __--- NOTARY PUBLIC "Exhibit A" Guy Wire Easement From the N1/4 corner of Section 12, T18N, R11 E and assuming the North line of Section 12 to bear due East and West; thence East along the North Section line a distance of 465.00 feet to the point of beginning; thence East a distance of 20.00 feet; thence South a distance of 25.00 feet; thence West a distance of 20.00 feet; thence North a distance of 25.00 feet to the point of beginning.. ~. EASEMENT This Agreement made this day of ,1999, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Omaha Public Power District, hereinafter referred to as "Grantee". In consideration of the mutual covenants contained herein, the Grantor does hereby grant to the Grantee an easement on the real estate described on Exhibit "A", attached hereto and incorporated by this reference herein, for the sole purpose of installing, maintaining, and replacing a guy wire. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and- shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than thirty (30) days prior to such termination which such notice maybe given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall promptly remove such guy wire, at its expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. -Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal properly including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said parking lot and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantee and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUNICIl'AL CORPORATION, Grantor BY Michael A. Mines, Mayor OMAHA PUBLIC POWER DISTRICT, Grantee By STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and states, 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 Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed on behalf of said City. :, . WITNESS my hand and seal this day of , 1999. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) NOTARY PUBLIC Before me, the undersigned, a Notary Public in and for said county and states, personally came of Omaha Public Power District, to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his voluntary act and deed on behalf of said Omaha Public Power District. WITNESS my hand and seal this day of , 1999. NOTARY PUBLIC "Exhibit A" Guy Wire Easement From the N1/4 corner of Section 12, T18N, R11 E and assuming the North line of Section 12 to bear due East and West; thence East along the North Section line a distance of 465.00 feet to the point of beginning; thence East a distance of 20.00 feet; thence South. a distance of 25.00 feet; thence West a distance of 20.00 feet; thence North a distance of 25.00 feet to the point of beginning. 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I i N Q° m mo 00 ~ i ~ =ee ~w N I G7 O a I D I I j ~ # Z ZUI~ W07 N ~~ REV. BY DATE ENG PE ~ ~ ~ N ° -I S~° O O cn O CAD /ovhd/0004425201.dgn # I i ~ D W r C ~I l O m NO I 1 , ° D~~ C~ O (n o I i ~ # o e 1 ~ H"~' mZH .~pH -p -p m° m D D o I ~ ~ ~ --I N~ z N z ~, ~-~m ° Z °~ I ~ ~ x w~ ~~ I ~ o ~ ~ I i m o cn ~cn I ~ cn I~ ~"' I i ~ n o -P o ° o ~ D CI1 N i ~ z ~ ~ NW WW ~~C~I ° z ~ ~ ~ ~ m ~ ~ o D i C ° ~ 1 w I i --I csl C cn ~) \~~ I i x ° ~ ~ ~ C~I O I I 3 N D ~ W ~ I i ~ -oz ~o N ~ ~ O ° H" ~ O ~ N I t I j --I -I -0 (n = O I I ~ O D p~ o --I }` I~ I i ~ cn ° (n ~ = I i m ~x zw (~ I- Q° \ I I ~ N 3 z ono m D ~_ I i z ~~ °~ O o ~ ~ ~ j i o o~ rn° ! ~ ~ m fTl ~ y ~ ~ ~'° oz .D ~ Cn O D °° r ~ ~ m~ C31 e - a RESOLUTION N0.2000 - 2 COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Addendum to Inter- Local. Cooperation Agreement between the City of Blair, Nebraska. and Washington County, Nebraska. for the purposes of selecting an architect to conduct the space utilization study and the method of payment for the same. WHEREAS, said Addendum to Inter-Local Cooperation Agreement is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR., NEBRASKA that the Addendum to Inter-Local Cooperation Agreement attached hereto, marked Exhibit "A' and. by this reference ode a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and. deliver said Addendum to lnter- Local Cooperation Agreement on behalf of the City of Blair, Nebraska.. COUNCILMEMBER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII,MEMBER FANOELE. UPON ROLL CALL, COUNCIL-MEMBERS REEH, REALPH, SHOTWELL, FANOELE, ABBOTT, BOEKA AND RYAN VOTING "AYE" AND COUNCILMEMBERS MCMANIGAL VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11~ DAY OF JANUARY, 2000. CITY OF BLAIR, NEBRASKA BY L A. MINES, MAYOR -1- t „ a a ATTEST: ~~ BRENDA R TAYLOR, TY CLERK (SEAL) STATE OF NEBRASKA ) } :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR hereby certifies that she is the duty appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution vas passed and. adopted at a regular meeting of the Mayor and City Council of said City, held on the 11 ~ day of January, 2000. ~~~ BRENDA R TAYLOR, CI CLERK -2- H~IEI~ '~~ ~T~I~~L®CAg.. C®~I~~T~QAl~T A~~~~~NT THIS AI)I)El~LTll~ T® Il~TEIg LOC1~I, C®®I~EI~Z I®~T AGIgEE onn into on January 1 fl, 2000, by and betvreen the City of Flair, Ne a gov • • i®x~, her . referred to as "City", and Washington County, Nebraska, a governyuental subdivision, hereinafter referred to as "County". 1. selection of Architect: City and County agree to 'the services of ~~on Estes Police Architects, P.C. to perforffi consulting service for the space ut° ' 'on study of the ~Iashington County C®urthc~use anz1 grounds to determine the feasibility of relocation andlor expansion of the Lave Enforcement Center. 2. Con Party: County agrees to serve as the contracting party with the Co and to oversee the .services to be provided by said architect. City agrees tm cooperate in any reasonable manner to assist County during the study. 3. Consultant Fee: County agrees to initially pay the consultant .fee, and City, upon presentan®n of a claim, agates to rei8nb~se C®unty in an a~~ant equal to one-half of flee c®nsultant fee, wath said reimbursement amount not t® exceed the suiu of $15,00.00 plus, reimbursable expenses. 4. Ein ° Effect: This Agreement shall ?~ binding upon and inure to the benefit of the parties hereto, their successors and assigns. IJATEI? this 11~` day of January, 2000. CITE ®F fBI,AIR, NEEIZASI~A MIC~IAEL A. S, MAY®IZ a v b ! ATTEST: B A R. TAYI,OI2, ITY CLERK DATED this 1) ~ day of January, 2000. WASHINGTON COUNTY BOARD OF SUPERVISORS WASHINGTON COUNTx, NEBRASKA By ~ DENT Wa,cox, cxA~~vrAN ATTEST: ®TTE PETERSEN, COUNTY CLERK z ~ f ~ 6 RESOLUTION N0.2000 - 3 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Agreement between the City of Blair, Nebraska and Cargill, Inc. for the purpose of establishing joint funding. of the engineering expense for the design of the future expansion of the water works and water supply system owned and operated by the City. WHEREAS, said Agreement is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of the City of Blair, Nebraska. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY. COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCIL-MEMBERS RYAN, REEH, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND BOEKA VOTING "AYE" AND COUNCILMEMBERS NONE VOTING `~IAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11~ DAY OF JANUARY, 2000. CITY OF BLAIIt, NEBRASKA MICHAEL A. MINES, MAYOR -1- ATTE T: B A R, TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ):~: WASHINGTON COUNTY ) BRENDA R TAYLOR hereby certifies that she is the duly appointed, qualified axe. acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at ~. regular meeting of the Mayor and City Council of said City, held on the i 1~ day of January, 2000. „>~ BRENDA R TAYLOR, CLERK -2- AGREEMENT THIS AGREEMENT made and entered into on ~~ru u~ , 2000, by and between the City of Blair, Nebraska (hereinafter referred to as "City"), and Cargill, Inc. (hereinafter referred to as "Cargill"). WHEREAS, City owns and operates a water works and water supply system (hereinafter referred to as "Water System") which serves the City and its inhabitants, as well as customers in the area surrounding the City, and is willing to expand the Water System to meet the needs of its customers, including Cargill as one of its customers, whose premises are situated outside the corporate limits of the City. WHEREAS, City and Cargill entered into an Estoppel Agreement on February 2, 1994, wherein Cargill agreed to purchase its required water usage, up to 3,000,000 gallons per day, from City. WHEREAS, Cargill is contemplating future expansion(s) that may require additional water usage from the Water System. WHEREAS, in order to accommodate the potential for increased water usage from the Water System, a major expansion to the current Water System is necessary. WHEREAS, in anticipation of potential future water usage requirements from Cargill expansion(s), City and Cargill desire to jointly fund the engineering expense for the design of the Water System expansion under the terms and provisions set forth hereinafter. FOR VALUABLE CONSIDERATION, and the mutual covenants and promises herein, the parties hereto agree as follows: 1. En ' eer: City has selected the firm of HDR Engineering, Inc. of Omaha, Nebraska (hereinafter referred to as "HDR") to design the Surface Water Treatment Plant expansion. Upon execution of this Agreement, City will authorize HDR to commence the engineering design work necessary for said Water System expansion. 2. En 'eerie Fee: The parties agree and understand that the cost for the engineering design and preparation of the bidding documents is $423,200.00. Attached hereto, marked Exhibit "A", is a copy of the HDR Engineer Agreement ("HI)R Agreement"). Cargill hereby approves the terms of the HDR Agreement. 3. Cost Sharing: City and Cargill agree to equally share the cost of the HDR engineering design and bid document fee based on the HDR Agreement. City and Cargill agree to pay one-half of each invoice received by Blair from HI)R for services rendered under the HI)R Agreement. Each party agrees to pay their one-half share of each invoice within thirty (30) days after receipt of such invoice, unless City and Cargill agree that an invoice should not be paid due to a breach by HDR of the HDR Agreement entered into between HDR and Blair. it 4. Credit Against Future Water Bill: The parties hereto agree that, if, subsequent to the date of this Agreement, a new agreement is executed by and between City and Cargill in vcyhich Cargill agrees to purchase and City agrees to provide to Cargill additional water necessary for future Cargill plant expansion(s) (over and above the gallons contemplated in the Estoppel Agreeme~t referred to hereinabove), with water rates and terms mutually agreeable to City and Cargill (said new agreement to be referred to hereinafter as "Water Service Agreement"), Cargill shall be entitled to a credit against water usage fees due and owing pursuant to the Water Service Agreement; provi~ed, further, that said credit shall begin with the first regular water usage billing invoice after the e~fective date ofthe Water Service Agreement; provided, further, that said credit shall be equal to the total amount paid by Cargill for the engineering fee pursuant to paragraph 3, hereinabove, and that said total amount shall be equally amortized over eighteen (18) consecutive months. City shall submit to Cargill monthly water use invoices showing the net balance due after the monthly credit ~s deducted. 5. Default: In the event that Cargill is in material default of any of the terms or' provisions of the Water Service Agreement, then the full amount of any remaining credit which Cargill could have taken pursuant to paragraph 4, hereinabove, shall immediately terminate, and Cargill shall have no further right to claim said credit against any other sums due under the Water Service1,~greement, if such default has not been cured within ten (10) days of Cargill's receipt of notice thereof from City. ~ 6. Title of Sections: Any titles of the several sections of this Agreement are '' I serted for convenience of record only and shall be disregarded in construing or interpreting any of the provisions hereof. 7. Notice: Except as otherwise expressly provided in this Agreement, any notic~, demand, or other communication under this Agreement by any party to the other party shall be sjufficiently given or delivered if sent by registered or certified mail, postage prepaid, return receipt ,requested, or delivered personally; and ~ (a) in the case of Cargill, if mailed or delivered personally to: General Manager or Operations Manager Cargill, Inc. 650 Industrial Road Blair, NE 68008 (b) in the case of City, if mailed or delivered personally to: City of Blair c% City Administrator 218 S. 16~' Street Blair, NE 68008 or at any such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other party as provided for in this paragraph. 8. Law Governins: The parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of Nebraska. ATTEST: Brenda R. Taylor, City Cler CITY OF BLAIR, NEBRASKA By Michael A. Mines, Mayor ATTEST: CARGILL, INC. By Pat Bowe, Vice President Sweetner Product Group Manager .a. s AN[EElYDN1EN'T NU1~ER. 3 A+GRE~i~l~1r1T FC3R E1~TGINE~RLVG SERVICES FGR P~15E lQ ~1'AT'ER TRJrA,T~I`JT PI.~NT EI~PAIiTS~bN The. Agreement for Enginectin$ Services between City of Hlair, ,Nebraska {OWNEE~~ and HDR EttgineerSng, Inc.. {EN{3rIN1~:ER} dated .January 13, 1998 for professional engineering services related to the Water Treatment PIart Expansion is hereby amended as follours: ~ Design Phase Engineering ServicES for Phase n Water Treatment Plant Expansiott from 8.4 MGD to approximately 14.4 MGD. Description of servic~c to be performed are as listed in Exhibit A, Scope of Services. Compensation zor the services in this Amendmen. shall 'be a turnp sum fee of $403,400.+x. ?he estimated manhours and costs for the :various task serifs are identified in Exhibit ~. These costs are used to develop tlZe lump fee for the atnerdment. The lump sum fee does not include Task 3$Or~ (Altertate) -Equipment Procurement Bid Package. The Lump sum fee for t~.is task is $20,204.40. This task will not be implemented by the Engineer unless authorized by Uwttec. In accordance with the provzsians of the January 13, 1998 agreement, .this. Amendment is executed'on Sanuary 11, 200t1. CITY tai' BLAIR, IeSEBRASKA I~D1t El~?CINEERING, >~C. "OW:vER" "ENGINEER" ley: 'x itle: Mayor Address:' 218 South loth Blair, NE 68048 ZOQ ~ lame: Charles C. Plurrrner, PE Tx.le: Senior Mice President Address: 8404 Indian Hills Driae Omaha, NE 58I 14-A~t)49 Exhibit "A" ~BZ ii09~$ ~- 'i .~: 1~34~.LLT~ S6t4~ 8Zr ~0~ %1'3'6Z~8t 40~fiZ/t0 '!, I~ -i- .t EXHIBIT A Scope of Services Phase II -1~Vater Treatment IQ'lant Expansion Blair, Nebraska This scope involves increasing the capacitor of the existing water treatment from present capacity of about $.4 MGD to about 14.Q MC:I~. TASK SERIES 108} -PROTECT CO1nPONENTSIBACKOROUND DA.T ~ This task series involves the establishment and cor>fizrnation of existing site conditions and approach and strategies to be employed for facility eonst-uction. Task 110 -k'roiect AdtninistratiattlProcedn~s This task includes project initiation, project procedures, coordination meetings and status reports for desi~ tasks. This includes development of drawings and specification requirements, drafing standards, project coordination requirements, and project guide. Task 1~0 -)Backgroumd Data The available background data for the facilities will be requested; including survey and soils inforniatian and operating data. Engineer will not provide topographiclutility survelrs, boundary surveys, or geotechnical investigations- Ta3k 130 -Define need for Egtti~tnent Procurement Determine those equipment items having long-lead delivery times. Recommend equipment procurement by Owner as required. TA K RTES 200 - PREI. i . ~ ARY D I N DEVET,OPMENT D WIl'+IGS A,~YD SPllrCIFICATIONS Task 205 -Design Criteria Ir! this task design criteria for architecturaUstruetural standards, treatrtxent processes, site civil, mechanical {piping}, TdVAC, and electrical/instrutnentation will be developed. Existing geotechnical information will be reviewed. a:lwrter~blairl~xhibi~AScope.doc A-t December 1999 COO~j mBZ tI05gfBS ~ ttIV'I8 ,3Q .LLI~ S6r# 9Zfi ZOb~~ OUiYZJTO ... , Task 210 - Technica114lemoranda Task 21 I_~ filter Evaluation The Eno Weer will evaluate two types of filtration: membrane {zx~i;cro) type and packaged standard rspid-rate gravity filtration using dual media. The evaluation will include advantages and disadvantages of each method, adaptability of each fii:er method to incremental hydraulic expansion in units of I.5 to 2.41v1GD, life cycle cost comparison, and performance abi'aty of each filtration method to meet future Enhanced ~ur~ace ~Iater7reatment Rules for systems serving population less than I4,Ot}0 persons. Task ZZO -General Dratvizzas I'zelinunary drawings will be developed for the site ar~d overall treatment facil.',.ty_ 'ask Z2? -Site Civil The Engineer will prepare preliminary dra-a~ings showing all above ground stzuctu*es and buildings. Task 2Z4 -Site Pining Process Tre Engineer will pzepare preliminary drawings showing site process piping. Prelirnina~v suing and location of site piping shall be shown. Task 230 -Raw V4'a er Intake Pumping Madi$cations Preliminary drawings will be developed for the raw water intake humping modifications and associated electrical components. Pumping modifications include converting one of the existing IC~4 harsehower zaw water pumps froze constant speed to variable speed operation. Task Zd0 -'Water Treatzctent Plant Ex>lansian Preliminary drawings will be developed for the main treatment plant expansion and its various components. Task 41- Presedizxtent tion B The Engineer will pzepare prelimminary drawings showing piping and valuing .rnoditicatiors to the presedimentation basin effluent structure to achieve flow splitting to downstream treatment units. n:\wsterlblair',Exhit,itAScope.doc A-? DecEm~r ,tQ49 b00@~ ~g'I ttoem~5 f 2IIY'I8 ~0 3S.I~ fi6i~ 9Zb Z46 %~'3 Ofi~9i OQ/fi /~ .,- Tank 242 - Contact ~asin~ The Engineer will prepare prelirninarr drawings snowing modifications to the existing settling basin to convert it tc a solids contact basin, including equipment and associated str~zetural hardware, electrical and tnechanieal Equipment, major piping changes, chemical feed conveyance: and demolitionhemoval of existing equipment. T;~e Engineer will prepare preliminary drawings showing required Equipment rehabilitation to ` existing solids contact basin mechanism. Replacement of the mechanism is net anticipated, however motor/drive replacement and painting may be required. Preliminary drawings will also be prepared snowing major piping changes required far the existing solids contact basin. Task 243 - l2ecarbonation The Engineer will prepare preliminary drawings showing the conversipn of the existing flocculation basins to rycarbonation, including major equipment and associated mechanical, structural and major piping changes. Anticipated COn diffusion method is the fine-bubble type. Task 244 -Neer filters Ex sion ~5 to 6 MGD) The Engineer will prepare preliminary drawings based on the findings from Task 211 for the ne~v filters showing overall configuration and geometry, wall thicknesses as required, major structural elements as required, structure elevations, associated mechanical equipment, electrical and major piping. New filters slxalI havefilter-to-waste capabilities and individual turbidimeters. This task will include the major infrastxuctu~*e required to meet the ultimate filter capacity increase of 5 to 6 MGD, however. the filters would be equipped for incremental expansion of 1.5 to 2.0 MGD. New f hers will be housed in a masonry btuldiag. Task 24S -High Service Pumping The Engineer will provide preliminary drawings shotiving the configuration layout of the industrial high service pump station, including electrical, )iVAC, and major piping for three L3} S.a ivIGD high service pumps (electric motor driven). The existing pump station at Recarbonation $asin No. 2 will be retrofitted to house the new industrial pumps. High service purups will be the closed-suction vertical turbine type, two pumps will be equipped with'4'FDs. 'Tire other pump will be constant speed. The existing high service pump station will be dedicated for City service. One existing constant- speed pump r~vill be converted to a V~_ n:\watec~blairiExhibltAScope.doc 90~ ~ m~'I uognres F A-3 DccemSer 1999 2tIY'IS ,30 IZIa g6ib S'66 Z46 %v3 OS~9T 00/t'b/t0 Task 246 -Chemical Feed The Engineer will prepare grelimina_ry drawings of the existing chemical feed systems showing new chemical feeders and associated chemical feed piping modifications, and associated electrical and controls. The following chemical feed work is anticipated: + Add one ;rew SbQ lb/day prechlorirrator. • Add new metering pumps to the alum feed systarn so that alum can be fed to the presedimentation basin, existing settling basin converted to a solids eoraact basin, and existing solids contact L?asin. • add a new polymer blend unit to feed polymer to the existing solids contact basin and existing settling basin converted to a new solids contact basin. • Add spIitter hardware to lime feeders so that lime can be fed to two solids contact basins. Task 247 - Ma1or Equio~stent Criteria/Aztaly~ The Engineer will develop criteria for major process equipment, evaluate alternative equipment designs, and list major m~aufacturers that are acceptable. Tas1:248 I strumentation and ControlsUpgrade The Engineer will prepare preliminary drawings to provide for a PLC based control system to replace the existinb system. The r~ew control system will utilize a computer and CRT to replace existing functions currently located in the master control panel in the control and electrical zoom. Flat-faced microprocessor based panels will be utilized to provide local operator interface for the filters. The following operator interface functions will be provides in the control room: '• Indication of process variables • Can#'iguration of control Ioop parameters • Adjustment of controller outputs • Display of real time and historical process trends k'ushbutton/selectorswltch control station functions • System and process status indicators • Graphic representation of plant operations with interactive status and rrxeasurement synnbols • Annunciation of alarm conditions In general, the operator will be able to place equipment control into either the Manual or Automatic control modes at the computer-based operator interface. ~'Vhen in the Automatic control mode, logic with the Pl'.C will command equipment to operate in aecordaace with logic resident within the PLC. n:~watertbtairlExhibitAScope,doc A-4 December 1999 9QOI~j ~BZ trosuig5 itIV'I8 3Q :i.LI~ ~6ib 9Zb ZOb ZV3 tE ~9t 00/tZ~tO Task 250 -Specifications Preliminary specifications will be drafted for the construction contract: Task 251-1~ront-end specifications Task 252 -Outline showing al: anticipated specification sections Task 253 -Specification Sections for major equipment 'task 260 - Proiect Review The drawings and specifications developed through this design development phase will be bound together into review sets and submitted to the Owner for review and comment. Concurrently, the same review doc,ir~zents will ~ subjected to quality control technical review by enalneering specialists who hat°e rot been directly i:~volved with the design process_ Task 274 -- Preliwanarv Cost Estimate 'rhe )engineer will prepare an opinion of probable construction costs based on the preliminary design documents and submit the cost estimate to the Q•,xne: for review. Task 280 -- Cost of Revenue Analysis Engineer will prepare Cost of lt,eventle Analysis to verify whether the existing residential, commercial and industrial water rate structure is adequate to pay off existing water treatment plant bonded indebtedness, estimated future debt far treatment plant expansion and projected operation and maintenance cos`~s. Treatazent plant expansion costs will be based on costs £rom Task 270. Analysis will be conducted in inerernents of 3.0 MGD expansion. C}wnez wiU provide Engineer, history of annual operation end maintenance costs end zevenue production, existing debt, and water rate structure. TASK. SERIES 300 -- FINAI`, DESIGN DRAWINGS AND SPECIFTCATI4NS Task 310 -Fugal Design Criteria 17esign criteria for the water treatment plant incremental expansion (including equipment: architeeturaI, structural, mechanical, electrical, instrumentation and process design elements} wiU be finalized based on input and comments resulting from the review of the preliminary design (Task 260). n:lwaterlblairiE.+chibitAScope.dac LOQ Qj ~n'I ttOSUIBs ~ A-S December 199 ~II6"I9 3~ SS.I~ SBTb 9Zb ZQIs Zbd. i~ t9T Oo/tt1T0 Task 326. - General/~itework En;sneer will prepare the general drawings and related technical specifications required for the project. Master specifications from I3'Dn's in-house computer specifications will be t!sed. The following are anticipated: Task 321-Water Treatment Process Drawing;Sclematic Task 322 -1?tart Hydraulic Profile Task 32S -Site Civil Grading,~?rawings Task 326 -Site Piping braw,ngs • Process Piping ~ Utility Piping Task 32^r -Technical Specifications for the i;rneral civiL'sitework activities includin, earthwork, utility and process pzping, paving and drainage. Task 330 -Water Treatment Plant Exuansion Engineer will prepare the design drawings and related techaic specifications for the main water treatment plant exFansion. Modifications to exis~.ing filters are not included in the phase and will be delayed until future C75EFA regulations are finalized. Master specifications from HDFc's in- house computer specifications will be us~l. This effort will include architectural, strc:ctuxal, mechanical, electrical,. instrumentation and process designs and specifications preparation for the following: Task 331 ~ Presedirr~entation Basin 1~ffluez~t Modifications Task 332 -Contact Basins brawings Task 333 -Filters Drawings Task 334 - Recarbonation Basins Drawings Task 335 -Chemical Feed Facilities Y)rawings Task 336 -City High Service Pumping Task 337 -Industrial High Service Pumping Task 340 - Saecificatfon and Front End documents The specification front-end documents and technical sections will be prepared. Task 341- Ger}erallSgecial Co ditions The Engineer will prepare EJCDC General Conditions and Suppleznentuy Conditions. Tas~C 342 -I3iddina Require ents The Engineer will prepare Notice to Bidders, Information for Bidders, did Form and ,q~ement. Task 343 -Technical Specification The Engineer will prepare technical specifcations. n~watcr\btair'tExhibitl,Scape.dx A-6 D~embe: 1999 80Q (~ ~~Z uaswgg •- 2IId'Ig 3Q ,LZIQ 86Th 9Zb tOb ~'3 ZS ~ 9t 44!tZfTO Tas 50 - Pro'ect )iteeriew 'I ~~~s task will im olve the review of the Contract Documents by the owner and response to the cotxt~ments an this review by the Engineer. A meetiz~© wil'. be held with the gwner to review and discuss the comtnerts generated. Task 3 0 - al Cost Estimate A Construction Cast Opinion will be prepared based on tY:e final design including rlodificatiens required by •final reviews and regulato~,r agencies. Task 370 -1: inaliae Bid Doctaanents T.o this task, the number of new filters and industrial high service pumps to be included n tl:c Final bid package will be de*ermined based on plant capacity required. r~l;o, a determination will be made whether o: not to include existing solids contact basin mechanism. rehabil.tation ir. final bid package. A set of Contract Documents will be submitted to the Nebraska. HI~iSS fer review. Comments received will be _ncorporated into the Contract Documents. If required, the Engineer will meet with the fII3SS. Regulatory agency review fees are responsibility of Owner. Task 380A, (Alternated Egui meet Procure ent by C?wner Bid p'acka e The following taslCS describe the scope of the alternate equiptner:t procurement bid package. This bid package will be based on recommendations from task 130. These services will begin when authori2ed by Owner. The costs for these tasks are separate acid are identified as alternate costs. Equipment procurement will include one bid document, which allows separate bits and contracts far each piece of equipment. Task 3$lA - Prel' Bi ocurnent Preliminary bid document will be drafted for theprocure:nentoontracts. Bid packages w•il: include front-end documents and•all equipment specifications for equipment to be pmcurcd by Owner. Bid documents will also ineludE preliminary Drawings as required. Task 38~A Project ReviAw nd Final Bid Document 'This task involves review of the bid documments by Owner and response ro the crmznents on this review by the Engineer. A nneeting will be held with the Owner to review and discuss the comments generated. As set of revised bid documents will be submitted to the Nebraska HHSS for review. Cozx~ments received will be incorporated into bid documents. Yf .required, the Engineer will meet with the HISS. Regulatory agency review fees are the responsibility of Qwner. 'Task 383 A -Cast Estimate A cast opinion will be prepared based on the bid document including final reviews and regulatory agencies. n:lwateriblairlExhibitAScopa.doc A-7 Der:emUer 1999 800 ~j ~g'I uoaureS * itI6"IS 30 35.3 Io 56it~ 9Zb Z4t• ~.3 ZE ~ 9i Q0~`t'Z/i0 T S1iZ SE]IgTES 4t}q - SCOP OF r~DD TONAL SERti~CES Th: following tasks describe the scope of the additional services- These services will begin when authorized by the Owner. The additional services include the following tasks for bidding services, consttction contract administration and resident services. Task Series 4I0 - Fiiddin~ Assistance Task 411 - Printin and bistrib ~o D uments The Engineer shat: print bidding documents, distribute the bidding documents to the contractors, and maintain a list of plan holders. T 41'~ - Inter re tionslAddenda The Engineer will provide interpretations of the documents during the bidding phase and issue addenda as appropriate to interpret, clarif~+ or expand the bidding documents. Task 413 - P -Bid a ce A pre-bid conference will be held during the bidding phase to discuss the prajecw T~k 414 -Bid ralysis d Recommendations The Engineer will attend the bid opening. The bids will be analyzed, and a recommendation •avil; be made to the Owner far award of the contract. Assistance will be provided to Owner in contrati~t pzepara*aon. Task 415 -Construction Documents Construction documents will be prepared which posts all addenda items. Task 420 -Cons ctinn C+otatract Adrzuinistration-Office a ice ",Cask 421-17re-Construction Conference Prior to the initiation of construction, apre-construction conference will be conducted faz the parties involved in the project. At the pre-construction conference, procedures will be established regarding such matters as payroll sub:rissians, progress estimates, and maintenance of operations. An agenda, with specification references, will be sent to the appropriate parties prior to the meeting. T:~sk 42`~ Construction Schedule/Cast Control Engineer will review the schedule submitted by the Contractors far compliance with contract documents. The specified schedule tivill include activities far shop drawing submittal, equipment deliveries, and duzation of major tasks. The schedule wili indicate major milestones and will be n_1w acerlblairlExhibitA.Scogz-doe A-8 December 159 oTt13j ~gZ uoemBs «- 2iId'I9 30 .IZI~ 56Th 9ZV ZOU g~3 £~~9T OQ!~Z!TO 1 r 96ib 9Zb Z4b ~'Y3 S~~9T OO16Zti0 the basis for monitoring the progress of tshe Contractor throughout the project. The Contractors will be required to furnish a cast breakdown for the entire project, citing major components. bask 423 -Shop win s The Engineer will review shop drawings for compliance with the requirements of the contra,et documents. If regt:ested by the Owner, the contractor will ire required to transmit a copy of the shop drawing to the Owner for concurrent review prior to action by the Engineer. 'Task 424 - Contractor's Progress Estimate Engineer will review and process applications by the Contractor's for progress payments and make written recommendations to the Owner for approval or rejection thereof. The Contractor's progress estimates will be submitted on a predetermined monthly basis consistent with the Owner's procedures. Task 425 - Construction Adrniz~istratio~n/~Substitudonllnt~roretativns The Engineer will evaluate requests for substitutions for materials and equipment and discuss the acceptability with the (?wner..'The construction administration activities required for the project ant* interpretations of the contract d.oruments for the contractor will be made during construction. Task 42~ -Change rogosal Requests/Chane~rders Engineer will make written recommendations to the Owner fox proposed changes to the project work. These recorrimertdations will include an explanation of the need. The Engineer ~~ill also review change requests or claims submitted by the Contractor, analyze such requests, and make a recommendation to the Owner. ~~.t the completion of negotiation, the Engineer will assemble approved change proposal requests and prepare a final change order for submittal to the Contractor and the pwmer for signature, Task 427 - P eetin s Major construetio:~ projects require that timely, regular meetings will bE held. ~ monthly meeting will be conducted on the job site to be attended by the Owner's project managec, general Contractor, major subcontractors and Engineer's representative. The purpose of this meeting will be to resolve any current problems and identify possible future issues fur resolution. Task 428 -Final InsoectionJSubstantial CQmnletion Engineer will conduct a final inspection of *.he project and prepare a report covering observed discrepancies, deficiencies, and omissions in the work performed by the Contractor. Recommendations regarding retainage will be made to the Owner. Upon correction of deficiencies, the Engineer will assist in the preparation of close-out documents for the project. The $na Weer will prepare a certification of substantial completion when.the contractor has completed the work insubstantial compliance with the contract documents. n,~waterlblairlE~c?~ibItAScupe.doc A-9 Decenber 1449 ITO~ Atg'1 1x081118$ +- 2IIV'I9 30 TZI~ V Task 429 -Record Drawi~t~ Engineer will monitor the Contractor's work ir. keeping a current marked set of drawings and specifications at the job site. At the completion of the project, the Engiteer shall prepare a set of reproducible record prints of drawings showing those ci-a~tges made during the canstrttction process, based on the .tx~arked-up prints, drawings, and other data furnished by Contractors. The record drawings shall be'urnished in AutaCadd format to the Owner.. Task 430 -Equipment Maintenance Methods Tae contract specif cations will require vendors and Contractors to provide an cperation and maintenance manual far each project equipn•.ent item. Tile Engineer will take the O&M data and assemble Contractor-fisrnished data into an operation and maintenance ma-tual. A formal Engineering Operation and Maintenance Manual is not part of this scope. Task 4~1 ~ Operations Assisrat•ce The Engineer will provide assistance in equipment and systems startups. This will involve the refining and adjustment of equipment and systems during the startup'of the project. Task 44Q -Resident Field Ret~resentation Engineer will fcrnish on-site resident f eld representation which will be supplemented with an interdisciplinary team for special inspections. T'hroagh more extensive on-site observations of the work in progress by the Resident Project R,epxesentative (RPR}, Engineer shalt endeavor to provide further protection for Owner against defects and deficiencies' in the work of Contractor.; but the furnishing of such services will rot make Engineer responsible for or give Engineer control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Con'~ct Documents. Task 441-Liaison .Relay written ancUor verbal cornmunicatiors between the Project lvlanager and Contractor but not subcontractors ar_d not provide interpretations of any such comrn~anications, Keep the Engineer" Project :Manager and the Owner informed of constntction activities and issues on a timely basis. This communication shall not replace the normal communication between the Owner and the Engineer's 1?roject Manager. Tas 442 ~'~.eview of Worl~ Report to the Engineer's Protect lYIanager whenever RPR believes that any Waek is unsatisfactory, faulty, or defective or does not conforrxi to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Engineer of 'Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Geotechnical services, if required fcr review of foundation preparation or otherwise, will be provided as additional services. n:lwaterlblsairlE:chibitAScope-dUc A-1Q becembzr x999 ZTO~j ~n'I uasatBg ~ itIb"Ig ,30 .LZI~ 58'[I. 9Zi' ZOb %v3 fi£~9T OOftZ!TO ° O1%Zd/00 16;55 FAg 462 426 x195 A -'~-~ z ~c x e 3 CITY OF GLAIR ~ ~~.U7b~ C trl~"~~ Cri~~. p °`~. ~' A n i ' ego w ~' ~O ro ~' . ~ n ~ ~ ~ .. -_~ n ~' ~.7G ..~ ~ t~. .r ~ ' tJ {{~~ p ( p ~ SJ `~ ~ ~. (i7 • ~ G N s c~n~~~s ~~~n d ~= ~~ ro- ~a~~~ ~ ~ ; ~ ~ °C~~S ~~;~~ ., ~- ~'~•r.~ n ro ~ ~ `' ~_ rn ~. -, .j~ /rl C ~ 014 W G4 ~~ ~ -' . ,;, -. SamsOA Law ~, RESOLUTION N0.2000 - 4 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, tl~e Mayor and City Council have been presented with an Agreement between the City of Blair, Nebraska and HDR Engineering, Inc. for the purpose of engaging HDR Engineering, Inc. to design the future expansion of the water works and water supply system owned and operated by the WHEREAS, skid Agreement is acceptable to the City of Blair. NOW, THE THE CITY OF BI,~ by this reference ma of Blair, Nebraska. BE IT FUR. OF BLAIR, NEBR of the City of Blair, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and a part hereof as though fully set forth herein, is hereby approved by the City RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY are hereby authorized to execute and deliver said Agreement on behalf COUNCII,MFMBER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAD MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL CALL, COUNCIL-MEMBERS REALPH, REEH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, BOEKA AND RYAN VOTING "AYE" AND COUNCILMEMBERS NONE VOTING " l~`AY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPlIkOVED THIS 11~ DAY OF JANUARY, 2000. CITY OF BLAIR, NEBRASKA BY : . MICHAEL A. S, MAYOR -1- t ,y ~ t ATTEST: r,... BRENDA R ~AYL l (SEAL) CLERK STATE OF NEB KA ) } :ss: WASHINGTON CO ) BRENDA R AYLOR hereby certifies she is the duly appointed, qualified a~i acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a re meeting of the Mayor and City Council of said City, held on the 11th day. of January, 2000. ~( BRENDA R TAYLOR, CI CLERK -2- a AMENDMENT NUMBER 3 AGREEMENT FOR ENGINEERING SERVICES FOR PHASE II WATER TREATMENT PLANT EXPANSION ~, The Agreement for Engineering Services between City of Blair, Nebraska (OWNER) and HDR Engineering, Inc. (ENGINEER} dated January 13, 1998 for professional engineering services related to the Water Treatment Plant Expansion is hereby. amended as follows: • Design Phase',Engineering Services for Phase II Water Treatment Plant Expansion from 8.4 MGD to approximately 14.0 MGD. Description. of services to be performed are as listed in Exhibit A, Scope of Services. Compensation fbr the services in this Amendment shall be a lump sum fee of $403,000.00. Thy estimated manhours and costs for the various task series are identified in Exhibit B. These costs are used to develop the lump fee for the amendment. The lump sum fee does not'iinclude Task 380A (Alternate) -Equipment Procurement Bid Package. The lump sum fee for this task is $20,200.00. This task will not be implemented by the Engineer unless authorized by Owner. In accordance with the provisions of the January 13, 1998 agreement, this Amendment is executed on January 11, 2000. CITY OF BLAIR, NEBRASKA HDR ENGINEERING, INC. "OWNER" "ENGINEER" By: B Y~ Title: Mayor Name: Charles C. Plummer, PE Address: 211,8 South 16th Title: Senior Vice President Blair, NE 68008 Address: 8404 Indian Hills Drive Omaha, NE 68114-4049 EXHIBIT A Scope of Services Phase II -Water Treatment Plant Expansion Blair, Nebraska This scope involves increasing the capacity of the existing water treatment from present capacity of about 8.4 MGD to about 1.4.0 MGD. TASK SERIES 100 -PROTECT COMPONENTS/BACKGROUND DATA This task series involves the establishment and confirmation of existing site conditions and. approach and strategies to be employed for facility construction. Task 110 - Proiect Administration/Procedures This task includes project initiation, project procedures, coordination meetings and status reports for design tasks. This includes development of drawings and specification requirements, drafting standards, project coordination requirements, and project guide. Task 120 -Background Data The available background data for the facilities will be requested, including survey and soils information and operating data. Engineer will not provide topographic/utility surveys, boundary surveys, or geotechnical investigations. Task 130 - Define need for Eauinment Procurement Determine those equipment items having long-lead delivery times. Recommend equipment procurement by Owner as required. TASK SERIES 200 -PRELIMINARY DESIGN DEVELOPMENT DRAWINGS AND SPECIFICATIONS Task 205 -Design Criteria In this task design criteria for architecturaUstructural standards, treatment processes, site civil, mechanical (piping}, I3VAC, and electricaUinstrumentation will be developed. Existing geotechnical information will be reviewed. n:\water\blair\ExhibitAScope.doc A-1 December 1999 Task 210 -Technical Memoranda Task 211- Filter Evaluation '' The Engineer will evaluate two types of filtration: membrane (micro) type and packaged standard rapid-rate gravity filtration using dual media. The evaluation will include advantages and disadvantages of each method, adaptability of each filter method to incremental hydraulic expansion in units of 1.5 to 2.0 MGD, life cycle cost comparison, and performance ability of each filtration method to meet future Enhanced Surface Water Treatment Rules for systems serving population less than 10,000 persons. Task 220 -General Drawings Preliminary drawings will be developed for the site and overall treatment. facility. Task 223 -Site Civil The Engineer will prepare preliminary drawings showing all above ground structures and buildings. Task 224 -Site Pii~n~ Process The Engineer will grepare preliminary drawings showing site process piping. Preliminary sizing and location of site piping shall be shown. Task 230 -Raw Water Intake PumAin~ Modifications Preliminary drawings will be developed for the raw water intake pumping modifications and associated electrical components. Pumping modifications include converting one of the existing 100 horsepower raw water pumps from constant speed to variable speed operation. Task 240 -Water Treatment Plant Exuansion Preliminary drawings will be developed for the main treatment plant expansion and its various components. Task 241- Presedimentation Basin The Engineer will prepare. preliminary drawings showing piping and valuing modifications to the presedimentation basin effluent structure to achieve flow splitting to downstream treatment units. n:\water\blair\E~ibitA.Scope.doc A-2 December 1999 Task 242 -Contact Basins The Engineer will prepare preliminary drawings showing modifications to the existing settling basin to convert it to a solids contact basin, including equipment and associated structural hardware, electrical and mechanical equipment, major piping changes, chemical feed conveyance, and demolition/removal of existing equipment. The Engineer will prepare preliminary drawings showing required equipment rehabilitation to existing solids contact basin mechanism. Replacement of the mechanism is not anticipated, however motor/drive replacement and painting maybe required. Preliminary drawings will also be grepared showing major piping changes required for the existing solids contact basin. Task 243 - Recarbonation The Engineer will prepare preliminary drawings showing the conversion of the existing flocculation basins to recarbonation, including major equipment and associated mechanical, structural and major piping changes. Anticipated COZ diffusion method is the fine-bubble type. Task 244 -New Filters Exuansion (5 to 6 MGD) The Engineer will prepare preliminary drawings based on the findings from Task 211 for the new filters showing overall configuration and geometry, wall thicknesses as required, major structural elements as required, structure elevations, associated mechanical equipment, electrical and major piping. New filters shall have filter-to-waste .capabilities and individual turbidimeters. This task will include the major infrastructure required to meet the ultimate filter capacity increase of 5 to 6 MGD, however, the filters would be equipped for incremental expansion of 1.5 to 2.0 MGD. New filters will be housed in a masonry building. Task 245 - High Service Pumping The Engineer will provide .preliminary drawings showing the configuration layout of the industrial high service pump station, including electrical, HVAC, and major piping for three (3) 5.0 MGD high service pumps (electric motor driven). The existing pump station at Recarbonation Basin No. 2 will be retrofitted to house the new industrial pumps. High service pumps will be the closed-suction vertical turbine type. Two pumps will be equipped with VFDs. The other pump will be constant speed. The existing high service pump station will be dedicated for City service. One existing constant- speed pump will be converted to a VFD. n:\water\blair\ExhibitAScope.doc A-3 December 1999 I Task 246 -Chemical Feed The Engineer will prepare preliminary drawings of the existing chemical feed systems showing new chemical feeders and associated chemical feed piping modifications, and associated electrical and controls. The following chemical feed work is anticipated: • Add one new 5001blday prechlorinator. • Add new metering pumps to the alum feed system so that alum can be fed to the presedimentation basin, existing settling basin converted to a solids contact basin,. and existing solids contact basin. • Add a new polymer blend unit to feed polymer to the existing solids contact basin and existing settling basin converted to a new solids contact basin. • Add sputter hardware to lime feeders so that lime can be fed to two solids contact basins. Task 247 -Major Equit~ment Criteria/Analysis The Engineer will develop criteria for major process equipment, evaluate alternative equipment designs, and list major manufacturers that are acceptable. Task 248 Instnzrnentation and Controls Upgrade ', The Engineer will prepare preliminary drawings to provide for a PLC based control system to replace the existing system. The new control system will utilize a computer and CRT to replace existing functions currently located in the master control panel in the control and electrical room. Flat-faced microprocessor based panels will be utilized to provide local operator interface for the filters. The following operator interface functions will be provided in the control room: • Indication of process variables ', • Configuration of control. loop parameters • Adjustment of controller outputs Display of real time and historical process trends • Pushbutton/selector switch control station functions • System and process status indicators ~ Graphic representation of plant operations with interactive status and measurement symbols • Annunciation of alarm conditions In general, the operator will be able to place equipment control into either the- Manual or Automatic control modes at the computer-based operator interface. When in the Automatic control mode, logic with the PLC will command equipment to operate in accordance with logic resident within the PLC. n:\water\blair\ExhibitAScope.doc A-4 December 1999 Task 250 - Saecifications Preliminary specifications will be drafted for the construction contract:. Task 251- Front-end specificarions Task 252 -Outline showing all anticipated specification sections Task 253 -Specification Sections for major equipment ', Task 260 - Proiect Review The drawings and specifications developed through this design. development phase will be bound together into review sets and submitted to the Owner for review and comment. Concurrently, the same review documents will be subjected to quality control technical review by engineering specialists who. have not been directly involved with the design process. Task 270 - Preliminary Cost Estimate The Engineer will prepare an opinion of probable construction costs based on the preliminary design documents and submit the cost estimate to the Owner for review. Task 280 -Cost of Revenue Analysis Engineer will prepare Cost of Revenue Analysis to verify whether the existing residential, commercial and industrial water rate structure is adequate to pay off existing water treatment plant bonded. indebtedness, estimated future debt for treatment plant expansion and projected operation and maintenance costs. Treatment plant expansion costs will be based on costs from Task 270. Analysis will be conducted in increments of 3.0 MGD expansion. Owner will provide Engineer, history of annual operation and maintenance costs and revenue production, existing debt,. and water rate structure. TASK SERIES 300 -- FINAL DESIGN DRAWINGS AND SPECIFICATIONS Task 310 - Finai Design Criteria Design criteria for the water treatment plant incremental expansion (including equipment, architectural, structural, mechanical, electrical, instrumentation and process design elements) will be finalized based on input and comments resulting from the review of the preliminary design (Task 260}. n:\water\blair\ExhibitAScope.doc A-5 December 1999 4 E F Task 320 - GeneraUSitework Engineer will prepare the general drawings and related technical specifications required for the project. Master specifications from HDR's in-house computer specifications will be used. The following are anticipated: Task 321-Water Treatment Process Drawing/Schematic Task 322 -Plant Hydraulic Profile Task 325 -Site Civil Grading/Drawings Task 326 -Site Piping Drawings • Process Piping Utility Piping Task 327 -Technical Specifications for the general civiUsitework activities including earthwork, utility and process piping, paving. and drainage. Task 330 -Water Treatment Plant Expansion ', Engineer will prepare the design drawings and related technical specifications for the main water treatment plant expansion. Modifications to existing filters. are not included in the phase and will be delayed until future USEPA regulations are finalized. Master specifications from HDR's in- house computer specifications will be used. This effort will include architectural, .structural, mechanical, electrical, instrumentation and process designs and specifications preparation for the following: Task 331- Presedimentation Basin Effluent Modifications Task 332 -Contact Basins Drawings Task 333 -Filters Drawings Task 334 - Recarbonation Basins Drawings Task 335 -Chemical Feed Facilities Drawings Task 336 -City High Service Pumping Task 337 -.Industrial High Service .Pumping Task 340 -Specification and Front-End Documents The specification Front-end documents and technical sections will be prepared. Task 341- GeneraUSpecial Conditions The Engineer will prepare. EJCDC General Conditions and Supplementary Conditions. Task 342 -Bidding Requirements The Engineer will prepare Notice to Bidders, Information for Bidders, Bid Form and Agreement. Task 343 -Technical Specification The Engineer will prepare technical specifications. n:\water\blair\ExtubitAScope.doc A-6 December 1999 r. Task 350 - Project Review .This task will involve the review of the Contract Documents by the Owner and response to the comments on this review by the Engineer. A meeting will be held with the Owner to review and discuss the comments generated. Task 360 -Final Cost Estimate A Construction Cost Opinion will be prepared based on the final design including modifications required by final reviews and regulatory agencies. Task 370_-Finalize Bid Documents In this task, the number of new filters and industrial high service pumps to .be included in the ', final bid package will be determined based on plant capacity required. ~ Also, a determination ', will be made whether or not to include existing solids contact basin mechanism rehabilitation in final bid package. A set of Contract Documents will be submitted to the Nebraska HHSS for review. Comments received will be incorporated into the Contract Documents. If required, the Engineer will meet with the HHSS. Regulatory agency review fees are responsibility of Owner. Task 380A (Alternate) - Eguiument Procurement by Owner Bid Package The following tasks describe the scope of the alternate equipment procurement bid package. This bid package will be based on recommendations from task 130. These services will begin when authorized by Owner. The costs for these tasks are separate and are identified as alternate costs. Equipment procurement will include one bid document, which allows separate bids and contracts for each piece of equipment. Task 381A -Preliminary Bid Document Preliminary bid document will be drafted for the procurement contracts. Bid packages will include front-end documents and all equipment specifications for equipment to be procured by ', Owner. Bid. documents will also include preliminary Drawings as required. Task 382A -Project Review and Final Bid Document This task involves review of the bid documents by Owner and response to the comments on this review by the Engineer. A meeting will be held with the Owner to review and discuss the comments generated. As set of revised bid documents will be submitted to theNebraska HHSS for review. Comments received will be incorporated into bid documents. If required, the Engineer will meet with the HHSS. Regulatory agency review fees are the responsibility of Owner. Task 383 A -Cost Estimate A cost opinion will be prepared based on the bid document including final reviews and regulatory agencies. n:\water\blair~ExhibitAScope.doc A-7 December 1999 t ~ TASK SERIES 400 -SCOPE OF ADDITIONAL SERVICES The. following tasks describe the scope of the additional services. These services will begin when authorized by the Owner. The additional services include the following tasks for bidding services, construction contract administration and resident services. Task Series 410 -Bidding Assistance Task 411- Printing and Distribution of Documents The Engineer shall print bidding documents, distribute the bidding documents to the contractors, and maintain a list of plan holders. Task 412 -Interpretations/Addenda ', The Engineer will provide interpretations of the documents during the bidding phase and issue addenda as appropriate to interpret, clarify or expand the bidding documents. Task 413 -Pre-Bid Conference A pre-bid conference will be held during the bidding phase to discuss the project. Task 414 -Bid Analysis and Recommendations -The Engineer will attend the bid opening. The bids will be analyzed, and a recommendation will be made to the Owner for award of the contract. Assistance will be provided to Owner in contract preparation. ', Task 415 -Construction Documents Construction documents will be prepared which posts all addenda items. Task 420 -Construction Contract Administration-Office Service Task 421-Pre-Construction Conference Prior to the initiation of construction, apre-construction conference will be conducted for the parties involved in the project. At the pre-construction conference, procedures will be established regarding such matters as payroll submissions, progress estimates, and maintenance of operations. An agenda, with specification references, will be sent to the appropriate parties ', prior to the meeting. Task 422 -Construction Schedule/Cost Control Engineer will review the schedule submitted by the Contractors. for compliance with contract documents. The specified schedule will include activities for shop drawing submittal, equipment deliveries, and duration of major tasks. The schedule will indicate major milestones and will he n:\water\blair\ExhibitAScope.doc A-8 December 1999 ,, r the basis for monitoring the progress of the Contractor throughout the project. The Contractors will be required to furnish a cost breakdown for the entire project, citing major components. Task 423 -Shop Drawings The Engineer will review shop drawings for compliance with the requirements of the contract documents. ff requested by the Owner, the contractor will be required to transmit a copy of the shop drawing to the Owner far concurrent review prior to action by the Engineer. Task 424 -Contractor's Progress Estimate Engineer will review and process applications by the Contractor's for progress payments and make written recommendations to the Owner for approval or rejection thereof. The Contractor's progress estimates will be submitted on a predetermined monthly basis consistent with the Owner's procedures. Task 425 -Construction Administration/Substitution/Internretataons The Engineer will evaluate requests for substitutions. for materials and equipment and discuss the acceptability with the Owner. The construction administration activities required for the project and interpretations of the contract documents for the contractor- will be made during construction. Task 426 -Change Proposal Requests/Change Orders Engineer will make written recommendations to the Owner for proposed changes to the project work. These recommendations will include an explanation of the need. The Engineer will also review change requests or claims submitted by the Contractor, analyze such requests, and-make a recommendation to the Owner. At the completion of negotiation, the Engineer will assemble approved change proposal requests and prepare a final change order for submittal to the Contractor and the Owner for signature. Task 427 -Project Meetings Major construction projects require that timely, regular meetings will be held. A monthly meeting will be conducted on the job site to be attended by the Owner's project manager, general Contractor, major subcontractors and Engineer's representative. The purpose of this meeting will be to resolve any current problems and identify possible future issues for resolution. Task 428 -Final Inspection/Substantial Completion Engineer will conduct a final inspection of the project and prepare a report covering observed discrepancies, deficiencies, and omissions in the work performed bythe Contractor. Recommendations regarding retainage will be made to the Owner. Upon correction of deficiencies, the Engineer will assist in the preparation of close-out documents for the project. The Engineer will prepare a certification of substantial completion when the contractor has completed the work in substantial compliance with the contract documents. n:\water\blair\ExhibitAScope.doc A-9 December 1999 Task 429 -Record Drawings Engineer will monitor the Contractor's work in keeping a current. marked set of drawings and specifications at the job site. At-the completion of the project, the Engineer shall prepare a set of reproducible record prints of drawings showing those changes made during the construction process, based on the marked-up prints, drawings, and other data furnished by Contractors. The record drawings shall be furnished in AutoCadd format to the Owner. Task 430 -Equipment Maintenance Methods The contract specifications will require vendors and Contractors to provide an operation and maintenance manual for each project equipment item. The Engineer will take the O&M data and assemble Contractor-furnished data into an operation and maintenance manual. A formal Engineering Operation and Maintenance Manual is not part of this scope. Task 431-Operations Assistance The Engineer will provide assistance in equipment and systems startups. This will involve the refining and. adjustment of equipment and systems during the startup of the project. Task 440 -Resident Field Reuresentation Engineer will furnish on-site resident field representation which will be supplemented with an interdisciplinary team for special inspections. Through more extensive on-site observations of the work in progress by the Resident Project Representative (RPR), Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the work of Contractor; but the. furnishing of such services will not make Engineer responsible for or give Engineer control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for Contractor's failure to perform the Work in accordance with the Contract Documents. Task441-Liaison Relay written and/or verbal communications between the Project Manager and Contractor but not subcontractors and not provide interpretations of any such communications. Keep the Engineer" Project Manager and the Owner informed of construction: activities and issues on a timely basis. This communication shall not replace the normal communication between the Owner and the Engineer's Project Manager. Task 442 -Review of Work Report to the Engineer's Project Manager whenever RPR believes that any Work is unsatisfactory, faulty, or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Engineer of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Geotechnical services, if required for review of foundation preparation or otherwise, will be provided as additional services. n:\water\blairtE~chibitAScope.doc A-10 December 1999 f ., r Task443 -Testing and Startup Verify that tests and equipment and systems startups are done in the presence of appropriate personnel This includes pipeline testing, equipment testing. and field testing as defined in the specifications. Task 444 -Samples and Records Receive samples which are furnished by the Contractor and notify Engineer's Project Manager of availability of samples for examination. Maintain at the job site orderly files for reports of job conferences, shop drawings and samples, reproductions of Contract Documents, addenda, work directives, change orders and progress reports. Task 445 -Payment Requests Review pay applications and forward with recommendation to Engineer's Project Manager. Task446 -Punch Lists Assist Engineer's Project Manager in preparing punch lists when project is approaching substantial and final completion. n:\water\blair\ExhibitAScope.doc A-11 December 1999 ~~ ~ e~ ~~ xo w '~ '~ W a w E W C"i ~ et M ~ p .--~ --~ N o M D ~ N , N d' H a °° g O N ~ N U ~W ~ ° ? ~ ~ ~ U F ~ z W ° M N ~ W a ~ d' ~ ~C ~ o0 M ~z ~ ~ h ~ ~ H W Ea az ~ ~ ~ ~ W w U z ~ N ~ ~ ~ ~ W ~ ~ N M ai .¢ U z W ~ ti W OG.7 o ~ a o M W N v~i N ~ a w ,..~ ~ ~ o 0 0 ~W o 0 0 0 Ei/~ ^+ N cn H .~ W 0 a~i ~ ° ~ .~ ~ ~~ W ° ;~ ~ W v ~~+ ~.~' ~~~~U ~ ~H~ ~~~-do Wvi~Vvs ,, {~ U OA [-~ UWA ~~~~ Wr~~VU .~ O O ~ °b'a V ~' W ~ , a ~ ~ U ~ ~" ~ ~ ~ ~~ ~ ~"" 'o ~~~±± _~ W ~" W ' '> ~ "' W ~ U """ W '~ ~ 0~ .~ a y .O •~ U ~' n¢~ "" ~ ~ r r a .~~, O U V a ~ ~ ~ ~~ ~ ., W ~ .~ W Aar~~¢~~w a x 0 0 0 0 'd d"; N d'~ O E'~ , N C'~ M M Q N oo d1 O ~ ~ ~ b4 b~9~ H o o ~ ~ E., oo o o a; ~ &4 bF} b9~ A s. ~ ~-+ l~ el- N a ° o ~ ~ ~ ~ ~ ~ ~ fi9~ bF} {f} H O O O ~ ~ ~ ~ ~ ~ x x x H ~ ~ ~ ~ O E~ H H H H k z R J ow U ~a ~. H~ ~~ w~ w .~ a b ca `~ a e .~ ~» w .~ E ° E"'' O ~ ° N N H a a N o0 0 M U ~W N O ~ N ~ ~ U H ~z N ~ Q N ww ~~ o o a o ,, U~ ~z o o o o ~w N w z ww N ~ ~ M v ~ ~ o ~- ~ ~w x a o o o a ~c U ~~ o ~r o ~t W az M ~ ° ~ aw z a~ N ~ N ~~ ~ ~ ¢ ~ ~w Ht/1 ~ M « M ~ M o [~ a O ~ N N H O ~ F a U '-' ~ ~ a 0 ~ N ,a ^;. `~ a~ ~' o E ~ ~ E 0 cn z i 1 ~ RESOLUTION N0.2000 - 5 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and. determine: That improvements made in Street Improvement District No. 174, Sanitary Sewer Extension District No. 55 and Waxer Extension District No. 36 have been completed, and none of the property descn'bed in the proposed assessment schedules was damaged thereby;. that schedules of proposed assessments for said improvements, as changed as heretofore provided, aze correct statements of special benefits arising by reason of said improvements; that the lots and pazcels of ground in said Street Improvement District No. 174, Sanitary Sewer Extension District No: 55 and. Water Extension District No. 36 have been specially benefitted by said improvements in the amounts as shown on said schedules, as amended, and the amounts shown on said schedules, as amended, do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Street Improvement District No. 174, Sanitary Sewer District No. 55 and Water Extension District No. 36. SECTION 2. There shall be and there aze 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 pazcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Boazd 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 7.0% 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 174, Sanitary Sewer Extension District No. ti ~ r , 55 and Water Extension District No. 36 shall become delinquent in ten (10) equal installments, as follows: 1/10th -March 2, 2000 1/10th -one year from daze hereof illOth -two years from date hereof 1110th -three years from date hereof 1/10th -four years from date hereof 1/10th -five years from daze hereof 1/10th -six years from daze 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 ~ 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 RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS REEH, REALPH, RYAN, ABBOTT, BOEKA MCMANIGAL, SHOTWELL AND FANOELE VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "1~TAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF JANUARY, 2000. CITY OF BLAIR, NEBRASKA BY MIC L A. MIl~TES, MAYOR ATTEST: _ ~~ BRENDA R TAYLQR, jTY 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 1 lth day of January, 2000. ~~ BRENDA R TAYLOR, CITY CLERK ' ,' .~ ~ ~!~ ~~ ~ ~: ~ Z~ .gym -~~ n ~ m l '~ ~ ~ z ~~ ~' I ~ ®~~ ~,~ - ~ m m~ - ~ ~ ins, ,< ~ r~i ~ z mi ~i ~ ~ ' ' ' ;~ n '~ ~ ! sp ~', ~~ ~~' 0 I® ' I ~ ®~ ~ I~ I ~ ri fO 000 o r~ri ~ i O w :p ~ ~ cn! ~ m ...~ I° W ~ ~ ~ ~ ~~ I -- m~ ~ -~ ~ r ,b i.~ I ~ , ~ ~ m! aC I~~ ~ N I ~_ ~ O 'mil ,ODD j IO i ® r ~ ~~ t.,~..I~ kId I~ ~ p~~ l 1 f CN31 I O ~ p.~ l ~ !, ~ ~~j ~° /~ l 1 I I ~ ~N j ~ I ~ ~~ ~o i iN ® ~ -~ ~ a ~ ~ rP2 0 0 ~ m r I ~ IN ICAO ~ I ~ W !~ _ ~ ~ r ' .~ 1 I t1 1 rnN io ' r CO w i- N O ~ O O ~ 00 '' U7 ~ ~ ~ ~~ ~~ i I ~ I j ~ ~ , l ~ ,.~ ! -~ w g91 ~ l ~, w j~ 'a ~~ ~~ '~I ~N '~ '~ ®"' ~ ~~ ~ ~~ ~ ~ ~ D D D D m D m o~ om oi DoC yob om o o =~z' ~'O< =~z ~'O< =~z ~'OG =moo ~'y =~z ~'O< =~z ~'O< =~z ~''O< =~z ~'O< z~m mO ~ z~m m ~ z~m ~ m D zn...i m z~m m ~' z~m mO ~ z~m m ~' z~m ~ m y D -~ y -n0 z y- -t ~ y- j ~ D- i-I ~ -I ~- ~ ~?z nz nz ~p ~ ~?Z nz ~?z nz n~ n~ n~ ~ n~ n~ n~ n~ mz C7 mz n mz C7 -r' ~ mz C7 mz C7 mz C7 mz C7 ~ O W ~ r m Z m _ O ~ N C ~ Z O rn w rn o~ rn w rn oo rn rn rn o0 o 00 ~ rn w cn N cn N cn N -~ .P cs, N cn N . cn N cn N Z C r m mD W -~ Nw -a .A ~ z .~ .~ -A W O OJ N_ W CD r O D Z :Z7 Ut C37 Cfl O D W N ~ O e ._ ,.` O 01 ~ W V1 'J ~ O Efl ~ N N ~ N ~ CWfl .A CJt Z z O~ Ul C3i c~~ ~ ~I ~ O ON Qo O z ~ -' -~ ~ ~ W o VI io N co O cn O c o ~ D w m rn j m~ -~ N ~1 CU O N -~ 'v n ~ y -{ W W Ul -~ ~ C31 ~ C~T1 O .U z ..~ -~ d1 N O ^J W ^J ~ ~ ~ UWi ~ CO W CTl ~ D m ~ ~ --i ~ p .p .!~ Cn ~ ~ W W OD ~ --I m ~ 0 v 0 :~. ~ cn W iw ~ iv W rn Z v .U t N ~ c0 'J -~I ~l 'J -~ O CTi CO W Ul ~1 Ui U7 O CSt N {A GDjz~Ymm m C L ~ n ~DOO-n-' ~-n~m~ ~WZ~D Nr0 °o~~ z ~ to m ,~ ~ ~; z D ~ ~ ~ C7 2 m 0 c r m o~~- o~~- ~ ~ o~~- a ~ ~ o;~ ~ ~ ~ o,~- ~ ~ ~ 03~- ~ ~ ~ o,~- ~ ~ ~ o j~- ~ ~ Ao~ Ao~ ~ Yom Doi . 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NOW, THEREFORE, BE IT RESOLVED that said Interlocal Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII..MEMBER FANOELE. UPON ROLL CALL, COU~TCILMEMBERS RYAN, REALPH, ABBOTT, SHOTWELL, MCMANIGAL, FANOELE, AND SHOTWELL VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 2000. CITY OF BLAIR, NEBRASKA By CHAEL A. MINES, MAYOR ATTEST: ~!. BRENDA R TAYLOR, TY CLERK (SEAL) ~Y 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 26th day of January, 2000. BRENDA R TAYLOR, CITY CLERK 1[I~1TE+ ~..OC.~., t~~fl~+ E+ 1~+ NT On the ~° day of ~~/u Cc ~'~9 , 2000, the City of Flair, Washington County, Nebraska., hereinafter referred to as "City", and the Village of Kennard, Washington County, Nebraska, hereinafter referred to as "Village", do hereby enter into this Interlocal Agreement pursuant to the following terms and conditions. WHEREAS, the parties have entered into this agreement pursuant to the Interlocal Cooperation Act, Nebraska Revised Statutes, 1943, as amended, Section 13-801, et seq.; and WHEREAS, Village has requested water from City and desires to enter into this agreement with City for the supplying, furnishing, and metering of water, and it will serve the public welfare and be in the best interest of both parties to enter into such an agreement. THEREFORE, for and in consideration as set forth herein, the parties enter into this agreement for supply of water and reading of meters, as follows: I. Responsibilities of Parties. It is hereby agreed by and between the parties that City will supply water to Village. It is further agreed by and between the parties that Village will provide a master meter, per City's specifications, and install the same at Village's tap off of City's main, and that, once installed, said meter will be owned by City. Village shall pay all applicable tapping fees for said tap and shall comply with all of City's specifications and requirements therefor. Village shall be responsible for water metered at said master meter. The rate shall be the regular rates applicable to all Rural Residential Water Rates, as amended or modified from time to time by Ordinance or Resolution duly adapted by the City of Blair. Village shall be given at least thirty (30) days notice of any change in such rates. Attached hereto, marked Exhibit "A", is a schedule ofthe Rural Residential Water Rates currently in effect. In consideration of furnishing of such water to Village; Village hereby agrees to pay all charges and fees which maybe set from time to time by City for such water service. Village shall be solely. responsible for and shall maintain all of the Village distribution system, including, but not limited to, mains, meters, and piping, and City shall have no responsibility for same whatsoever.. Village shall also be solely responsible for any licensing, inspection, or other requirements for the operation of a water distribution system beyond the City main. Ig. Damages and i,iabilities. Village further hereby agrees to indemnify and save harmless City from any and all claims, causes of action, losses, damages, expenses, or any other liability of every nature and kind without exception, including, but not limited to, attorney fees; court costs, and expenses of litigation, which said claims, losses, damages, expenses, causes of action, or other liability arises from any suits, causes of action, claims or other liability arising out of or by reason of providing of water by City to Village, except as maybe caused by the negligence of City. Village further hereby specifically waives any damages resulting from injuries or loss of property and hereby releases City from damages of any other nature or kind, liabilities, or injuries arising from the furnishing of water by City to Village, except as maybe caused by the negligence of City. ffi. Performance and Termiina~tion. Village specifically acknowledges that it has been informed and agrees that City makes no warranty, covenants, representations, or agreements as to the volume, velocity, quality, or the continued water service from City to Village, except that the water shall meet the requirements of the Nebraska Department of I~ealth for potable water. Village further specifically hereby acknowledges that it has been informed and agrees that, by virtue of prior agreements or other unforeseen circumstance, it may be necessary for City to temporarily or permanently discontinue or interrupt service to Village, and City shall be relieved of its obligations hereunder during such times. In the event either party fails to perform any of its covenants and undertakings under this agreement, said party shall be in default and written notice of the other party's intention to terminate this agreement shall be given to that party's governing body unless such default is cured within twenty (20) days from the date of such notice. Upon failure to cure said default within said twenty (20) days, this agreement shall thereupon terminate and said parties shall thereafter be denied service hereunder. The twenty (20) daytime period in which to cure any default shall be superseded by any rules and regulations of City generally applicable to customers of the City's municipal water system including, but not limited to, payment for water usage or disconnect time periods. Furthermore, any party who is terminated under the provisions of the above paragraph of the agreement shall forfeit all rights acquired by the agreement to which said party may otherwise be entitled upon the dissolution of this agreement. This article is not intended to limit the rights of any party under this agreement to pursue any and all remedies it may have on breach of this agreement. Any party's participation in this agreement may be terminated by thirty (30) days written notice from the party to the other party. Upon termination, such party shall forfeit all right, title and interest in and to any property acquired by the authority of this agreement. IV. N~iscellaneous. This agreement shall be in full force and effect upon the execution of this agreement by all of the parties listed herein, and shall continue in full force and effect subject to amendments until terminated by either of the parties hereto or the expiration of twenty-four (24) years, whichever, is earlier. ,: This agreement may be amended by the parties from time td time, provided any amendment shall be in writing and executed by both of the parties hereto..:. ` Either party hereto shad-have the right to enforce, by proceeding at law or in equity, ail,;. restrictions, conditions, covenants, and reservations, now or hereinafter imposed by the provisions hereof, either to prevent or restrain any violation of same, or to recover damages for such violation... Failure by either party to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the::event any provision of this„agreement: or the::.applieation hereof to any party or circumstance is invalid, such invalidity shall not affect other provisions or applications of .the agreement which caa be given effect without the invalid provision or application, and to this end, the provisions ofthe agreement are declared to be severable. Il~ WITNESS WHEREOF, the parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein set forth. , ATTEST: CITY OF BLAIR, NEBRASKA; .-''' t... BRENDA R. TAYLOR, C CLERK MI L A. S; YOR ATTEST;. ` VILLAGE OF KENNARD, NEBRASKA. ,_ B -VAN HORN, CLERK GE BOARD CHAIRMAN Exhibit "A" CITY OF BLAIR RURAL RESIDENTIAL WATER RATES Customer Charge Per Month For 4" Meter Size $192.50 First 15,000 CF/month, per HCF 1.122 Balance, per HCF 0.722 e*' r RESOLUTION NO. ~ TIES®LUTI®N AUT~O1tIZING CHIEF ELECTED ®FFICIAL T® SIGN AN APPLICATI®N FOIL CDBG FUNDS COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant program; and WHEREAS, the City of Blair, Nebraska, has obtained its citizen's comments on community development and housing needs, and has conducted a public hearing upon the proposed application and received favorable public. comment respecting the application which for an amount of $505,000 for the expansion of an existing building and the purch2ise of an evaporator, improved filtration system, treatment tank and boiler. Also added to the site will be additional heat recovery, water reclaim, wastewater treatment and chemical storage capacity; and, NOW THEREFORE, BE IT FURTHER RESOLVED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor is hereby authorized and directed to proceed with the formulation of any and all contracts, forms, documents, instruments, or other memoranda between the City of Blair, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCII,MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE .UPON ROLL CALL, COUNCILMEMBERS REALPH, RYAN, ABBOTT, SHOTWELL FANOELE, ROFKA, Mf'MANT~Apr ~',~ ~~~~ VOTING "AYE", AND COUNCTLMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED DATE ~,~,~ e ~ f F RESOLUTION NO. RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR CDBG FUNDS COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant program; and WHEREAS, the City of Blair, Nebraska, has obtained its citizens comments on community development and housing needs, and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which is in the amount of $505,000 for the purchase of equipment for Cazgill Dow Polymers; and, NOW THEREFORE, BE IT FURTHER RESOLVED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLATR, NEBRASKA, that the Mayor is hereby authorized and directed to proceed with the formulation of any and all contracts, forms, documents, instruments, or other memoranda between the City of Blair, Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCILMEMEER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEMBERS REEH, REALPH, RYAN, ABBOTT SHOTWELL, BOEKA, F NOF... ATT1) MCMANTGAT. VOTING AAYE@, AND COUNCILMEMBERS NONE VOTING ANAY@, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY , 2000. Signed ayor, ity of Blair Date: FEBRUARY 8, 2000 ~, RESOLUTION N0.2000 - 9 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 2000 One and Six Year Plan. for the construction aa~. maintenance and repan' of the streets of the City of Blair, Nebraska, as prepared by the City Street Su~ricrtendent and dated February 22, 2000 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 RYAN. UPON ROLL CALL, COUNC:ILMEMBERS ABBOTT, BOEKA, SHOTWELL, REALPH, REEH, RYAN, AND MCMANIGAL VOTING "AYE", AND COUNCILMEMB ~ ] ASSED AND ADOPTED 1IIIS MAYOR DECLARED THE FOREGOING I~;ESOLUTI 221''fl DAY OF FEBRUARY, 2000. CITY OF BLAIR, NEBRASKA. C L A. MINES, MAYOR ATTEST: ~! . ~~~~~~~ BRENDA R TAYLOR, TY CLER.K (SERI.) u -}~ `11. STATE OF NEBRASKA ) ) :ss wAS~-m~rGTON couNTY ) BRENDA R. TAYLL)R 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 22IId day of February, 200x. f~, ~ l~- BRENDA ~, TAYLOR, CLERK .,~ RESOLUTION NO.2000 -10 COUNCILMEMBER REEH INTRODUCED T~ FOLLOWING RESOLUTION; WI~EREAS, pursuant to Neb. Rev. Stat. § 13-1121 (Reissue 1997j, a municipal governing body having zoning jurisdiction over a designated industrial tract may request a County Board to review ax~y or all industrial areas within its jurisdiction. BE IT RESOLVED by the Mayor and City Councd of the City of Blair, Nebraska, that attached hereto, marked Exlu`bit "A" and incorporated by this referenced herein, is a plat showing the parcels of real estate which do not meet the defynition of nor the intent of the industrial tract designation and asks that the County Board review the same during the month of March, 2000. COUNCILMEMBER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII,MEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS REEH, ABBOTT, SHOT`WELL, MCIv+IANIGAL, BOEKA, AND REALPH VOTING "AYE", AND COUNCILMEMBERS NONE VOTING `mTAY", COUNCILMEMBER RYAN ABSTAINED, THE MAYOR DECLARED THE FOREGOING ~tESOLUTION WAS PASSED AND ADOPTED THIS 22'x"' DAY OF FEBRUARY, 2000. CITY OF BLAIR, NEBRASKA Y MICHAEL A. S,IVIAYOR ATTEST: L~~~i~~~l Yl. BRENDA R TAYLOR, C CLERK (SEAL] #~ ~~ STATE OF NBBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Ne~praska, 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 22~ day of February, 20Q4. ~~ BRENDA R TAYLOR, CITY CLERK ~ ~ 43 4.8:. Q 9 0 ~,.- ~, ~~~ ~ ~ . .. ~ ~ : ~ _ T.B:.@PP P.L d0 od ~ g .®~ ®~ ~ 0 4L.1@ffi .~~. - ...._ 6;. P~ P.L. ~~® 9 D Afl ~• ee e8 h a Z 4L.1ffi0 ~~. 9L.84i~ 41ffi ` s ;~ • a 9 n fl P ®p ~ I. lSlEI 8L. ~L ® ° ® ., se r1o s• ea s. s® o• oe ev ,;~. ®~ ®~~ BL. ffi6 t® IHt? ®. • B s >l. L I e ~~ 6 ~ t3 ® a 9 e o ~ ~' ~' i $P (~ 56.30Q ~ + 94.03 3 '6 ~~ d 9 P.L. 040 ®LB 6 00S n• ~ ^a ~~&!ff9'~RP ® - 81 e® ID ~ ~a ~ to ~ 41. t04 •w / ®8a ~~ ' ~ 10@ SL. t®9 T.L. 6P 1 d. ®8 > °.~ a B 0 0 ~~ ~caBQ B®4 ~ ~~° ;...- ~ RESOLUTION N0.2000 -- l l COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a ballot issue will be submitted to the voters of Omaha, Nebraska pertaining to the issuance of bonds for the purpose of constructing the Convention Center. WHEREAS, the Convention Center will serve not only the residents of the City of Omaha but also the greater metropolitan area, including Blair and other residents of the State of Nebraska. WHEREAS, many residents of the City of Blair work and shop in Omaha and look to Omaha for many of their recreational and entertainment activities. BE IT RESOLVED that the Mayor and City Council of the City of Blair, Nebraska support the bond issue for the construction of the Convention Center and urge the citizens of Omaha to support such bond issue. COUI~ICII,MEMBER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCTLMEMBER SHOTWELL UPON ROLL CALL, COUNCILMEMBERS REEH, REALER, SHOTWELL, RYAN ABBOTT, BOEKA AND MCMAI~TIGAL VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DEC~,ARED THE FOREGbING RESOLUTION PASSED AND ADOPTED THIS 22'~ DAY OF FEBRUARY, 2000. CITY OF BLAIIZ, NEBRASKA BY MICHAE A. MINE , YOR ATTEST: %1 , ~t~~ BRENDA R TAYLOR, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :SS: wAS~-mvoTON eou~vTY ) 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 22~ day of February, 2000. 7t , BRENDA R. TAYLOR, CLERK .; RESOLUTION N0.2000 - 12 COUNCILMEMBER REEH 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 First Lutheran Church, as Grantee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIZ, NEBRASKA, that the Easement attached hereto, marked Exlu`bit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA is hereby authorized to execute and. deliver said Easement on behalf of the City of Blair, Nebraska. COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REED SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND BOEKA VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVID THIS 28~ DAY OF MARCH, 2000. CITY OF BLAIR, NEBRASKA BY C L A. MINES, MAYOR ATTEST: BRENDA R TAYLOR, TY 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 28~' day of March, 2000. BRENDA R. TAYLOR, CI CLERK i. - wire <Y. 1 V~ ~V~~ ~ 4.+ ~Y~ IOC 1 EASEMENT crrn~~.~Jr-r~ ~:. ~~ ~~:; ~ ~~ This A Bement made this 28th: '~~a;~=~~G~Gr~ ~.~ua~rr:r:~:c~ ~ day of March, 2000, by .and between thy! rCity 'bf Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and First Lutheran Church, hereinafter referred to as "Grantee", In consideration of One Dollar and other mutual covenatrts contained herein, the Grantor does hereby grant to the Grantee an easement for the sole purpose of placement of a sign on municipal right-of-way. Attached hereto, marked Exhibit "A" is a diagram showing the easement area for the sign. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the _ ~,_ Gra~itor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantee by regulaz United States mail, postage prepaid. In the event and at such time ofthe termination ofthis easement, the Grantees shall remove such pazking lot at their own expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance, and the placement of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be Fw A'a s~ - ._ ...._.. .. .. . H m brought against the municipality. Such indemnification and 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 placement of said sigh, and the Grantee shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantee and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantee. CITY OF BLA1R, NEBRASKA A MUNICIl'AL CORPORATION, Grantor By 'c 1 A. Mines, Mayor FIRST LUTHERAN CHURCH, Grantee r By a ., ~ Council President ~. • J - ~ -~ -- - ~ ., ~ : ~ - - - ~ 1 T v ~ _ _ ~ - ~ f ' ~ ` N r ~ J ~ ~ . , 4 + / tt 0 ~ t i `~ V ' / ~t - /_ ~~ f;• 4-- r" \M ~~- / _ ~ ~,`.Y T .. . ,-• -+SV~AM _ ~" wv vnf..Yivnw• iM'i"S~~W.+..m..i~ ,• ma . ~, / - ~~.•e•..~,-.emu ~ ( y - J . ~ ~ - E ~ ~ ~ ~ 1 ~ ~ ~ ~ r . - - -~ ~... - .. - ;..r. ~ ° ,,~, , h s: j .' 4 .• ~ 5 ~- T - _ ~ j ,, ~ ~ ~ 1 S ' . ~ _ •- ~- •,~` •~~ d • ~ ~,,, s r ' ~ , ~ c Y Beginning at the Southeast corner of Lot 3, Block 1, .Hospital. Park Addition; then West on said Lot Line a distance (10) fleet; then southerly 90 degrees a distance of (~) feet; then Besterly 90 degrees a distanc~.;of (17) feet; then North 90 degrees a distance of 16 feet; then Westerly 90 degrees a distance of (7) feet to the Bast Lot Line of said lot; then Southerly 90 degrees along the said lot line t~ the point of beginning. 10' ~;~, .~ .~ RESOLUTION N0.2000 - 13 COUNCILMEMBER SHOTWELL 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, prole'bit 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 BLAIIt, NEBRASKA, that the first parking space east of and the first parking space west of the access into the new Great Plains parking lot 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 wilawfiil for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCII,MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID 1VIOTION WAS SECONDED BY COUNCII,MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS REEH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND BOEKA VOTIl~TG "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28~ DAY OF MARCH, 2800. CITY OF BLAIR, NEBRASKA BY L A. MINE YOR ATTEST: BRENDA R. T~YLORLCITY CLERK (SEAL) n.,, - :~ 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 28`" day of March, 2000. BRENDA R TAYLOR, TY CLERK a 4 ~ s RESOLUTION N0.2000 - 14 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Councd for the City of Blair, Nebraska, deem it in the public interest to support the application of the Goldenrod Hills Community Action Committee for grant money for an Early Head Start Child Care Program in the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIt, NEBRASKA, that the Mayar and City Council for the City of Blair, Nebraska do hereby support the grant application submitted by the Goldenrod Hills Community Action Committee for funds to be used for an Early Head Start Child Care Program in the City of Blair, Nebraska. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER REEH. UPON ROLL CALL, COUNCIL MEMBERS RYAN, ABBOTT, BOEKA, MCMANIGAL, FANOELE, SHOTWELL, REALPH AND REEH VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11~ DAY OF APRIL, 2000. CITY OF BLAIlt, NEBRASKA r B MIC L A. S, MAYOR ATTEST: ~~ ~y BRENDA 1Z TAYLOR, C CLERK (SEAL) • ~ r 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 1 lth day of April, 2000. ~2~~ ~1 BRENDA R TAYLOR, CIT CLERK .~~ r1 sN RESOLUTION N0.2000 - 15 COUNCILMOEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska has designated Project NH-30-7(113) as the expansion and improvement of Highway 30 in the City of Blair, Nebraska, extending from Lincoln Street south to Highway 133; and WHEREAS, the State of Nebraska is scheduled to award the construction contact in the Fall of 2002 and begin construction in the Spring of 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAlR, NEBRASKA, that, in the interest of safety to the citizens of Blair, Nebraska, the Mayor and City Councd of the City of Blair, Nebraska, do hereby support Project NH 30-7(113) and strongly encourage the State of Nebraska to begin construction, as scheduled, for the Spring of 2003, or sooner, if possible. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS RYAN, ABBOTT, BOEKA, MCMANIGAL, FANOELE, SHOTWELL, REALPH AND REEH VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF APRIL, 2000. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MIlVES, MAYOR ATTEST: ~~~ ~ ~ BRENDA R TAYLOR, CI CLERK (SEAL) ~1 r '! 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 April, 2000. BRENDA R TAYLOR, CI CLERK a a RESOLUTION N0.2000-16 E-Commerce Equity Resolution COUNCILMEMBER REEH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the use of new communications technologies, including the Internet, as a way to conduct sales of goods and services is accelerating; and WHEREAS, out-of--state vendors who conduct sales via the Internet, mail order and phone, under many circumstances, are not required by law to collect existing sales and use taxes imposed by state and local governments in which the purchaser resides, and WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme Court's ruling in Ouill v. North Dakota which defers to Congress, and only Congress, to authorize states to require remote vendors to collect taxes in a manner that does not unduly burden interstate commerce; and WHEREAS, current laws create a competitive disadvantage and great inequities between merchants who sell from traditional "Brick and mortar" establishments and those who sell from electronic stores; and WHEREAS, this migration of sales to the Internet is restricting the ability of state and local governments and school districts to collect taxes which finance essential public services including but not limited to police, fire, emergency medical service, education, social services, infrastructure development, and local healthcare; and WHEREAS, the United States Constitution reserves for the states the right to collect and impose taxes; and WHEREAS, 45 states and the District of Columbia collect over 40 percent of overall revenue from sales taxes to fund vital public services; and WHEREAS, a recent University of Tennessee study estimates that state sales tax revenue losses in 2003 will exceed $10 billion; and WHEREAS, the City of Blair and State of Nebraska will lose revenue, an amount yet to be determined, which funds will be essential for public services; WHEREAS, the Advisory Commission on Electronic Commerce, established by the Internet Tax Freedom Act, failed to address, in a fair and equitable manner, the growing volume of tax-free sales transactions occurring over the Internet, which have put "brick-and-mortar" stores at a competitive disadvantage; and WHEREAS, the Commission's report to Congress does not effectively address the tax losses state and local governments will experience if the Internet becomes a permanently tax-free retail market. THEREFORE BE IT RESOLVED that the City of Blair opposes any congressional action to implement the Advisory Commission on Electronic Commerce's report proposals that would preempt state and local sovereignty, guaranteed by the 10th Amendment of the United States Constitution; and BE IT FURTHER RESOLVED that the City of Blair supports simplification of state and local sales taxes, and urges states to move expeditiously to craft and approve model legislation; and BE IT FURTHER RESOLVED that the City of Blair opposes any congressional efforts to expand the current moratorium to cover state and local sales and use taxes; and BE IT FURTHER RESOLVED that the City of Blair opposes any efforts to extend the current moratorium unless the extension is for two years or less and is directly linked to congressional authorization to states that simplify their sales and use tax system to collect use tax on all remote transactions. COUNCILMEMBER REEH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS REEH, REALPH, SHOTWELL, MCMANIGAL, BOEKA, ABBOTT AND RYAN VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY" AND COUNCILMEMBER FANOELE ABSTAINED. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25~ DAY OF APRIL, 2000. CITY OF BLAIR, NEBRASKA Y L A. MINES, MAYOR ATTEST: ~,(~ ~j .. BRENDA R. TAYLOR, TY CLERK (SEAL) r STATE OF NEBRASKA ) as: 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 25~ day of April, 2000. BRENDA R. TAYLOR, TY CLERK ;- RESOLUTION N0.2000- 17 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED. by the Mayor and City Council of the City of Blair, Nebraska, that the speed limit on Grant Street between 1 ~` Street and Industrial Road shall be set at the rate of 3 0 miles per hours, and that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with said speed limit. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, FANOELE, MCMANIGAL, BOEKA, ABBOTT AND RYAN VOTING "AYE", AND COUNCILMEMBERS SHOTWELL VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23'~ DAY OF MAY, 2000. CITY OF BLAIR, NEBRASKA B MICHAEL A. S, MAYOR ATTEST: BRENDA R. TAYLOR, Y CLERK (SEAL) a • , '-a ;< STATE OF NEBRASKA ) as: 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 at a regular meeting of the Mayor and City Council of said City held on the 23rd day of May, 2000. B A R. TAYLOR, CI CLERK K,_ . STATE OF NEBRASKA ) as: 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 at a regular meeting of the Mayor and City Council of said City held on the 23rd day of May, 2000. BRENDA R. TAYLOR, CI Y CLERK ,. c .y ~ • a RESOLUTION N0.2000-19 COUNGILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY T~:IE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the proposed schedules for special assessments against properties in Street Improvement District Nos. 173 and 176 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 hald a special meeting at City Council Chambers, 21$ South 16th Street, Blair, Nebraska, on the 13~' day of June, 2000, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Etluaiization to levy special assessments on the lots and parcels of land benefitted by the improvements in Street I~rovement District Nos. 173 and 176; that notice of the time of hold- ing such meeting and the purpose fox which it is held shall be published in the Enterprise, a legal newspaper published and of general circulation in the City at least ten (1©) days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the farm presented to this meeting, which form of notice shall ~ 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. COUNCII~,MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL CALL, COUNCILMEMBERS WAITS, REALPH, SHOTWELL, FANOELE, MCl~~I~NIGAL, BOEKA, ABBOTT AND RYAN VOTING "AYE", AND COUNGiLMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF MAY, 2000. CITY OF BLAII2, NEBRASKA B MI L A. S, YOR ATTEST: BRENDA R TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR., hereby certifies that she is the duty appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duty passed and adopted at a regular meeting of the Mayox and City Council of said City held. on the 23rd day of May, 2000. BRENDA R TAYLOR, CITY CLERK ` • ,{~1AY 31 2000 14 55 FR HGM ASSOCIATES '712 323 0779 TO 14024264195 ASSOCIATES INC.. May 23, 2000 Mayor and City CoIIncil Members City of Blair 218 South 16s' Street Blair, Nebraska 68005 hE: Special Assessments Street Improvement District lVo. 173 llawntown Irnprovement -15~' to 1 ~`~ Dear Mayer and City Council Members, P.02i10 Shown hereon are the final construction costs and miscellaneous expenses for Sheet Improvement District No.173: COST ALLOCATION DOWNTOWN IlVII'ROVEMENT 1<sTl~ TO 18R'I'S W 30/0 1 Remove existing sidewalk A 70% 1 Remove existing sidewalk S2 S3 A4 ~. s A6 S 7 S8 S9 A 10 A 11 A i2 b 13 Remove existing curb and gutter Remove existing pavement full depth Vault/windaw infill Ent l4 Vaultlwindow infiIl Ent 11 Vauit/window infill .Ent 30 Full depth patch ACC/PCC pV Standard PCC curb and gutter 6" non-reinforce PCC PV wl int curb 4" PCC sidewalk w/tooled Joints Sidewalk stain gIC ramp with Integral masonry Free-standing masonry walls 10,990.62 25,644.78 4,002.00 9,240.00 2oa.aa 520.00 8,300.00 10,400.00 5,160.00 63,175.50 96,250.ao 6,536.00 387,000.00 68,000.00 1104 D©UGIAS ON TtiE IiAAtL. OMAHA. NE812ASiCA 66102 {402) 34~-7559, FAX (402) 34d•0224 640 Fth~'H AVENUE, P.O. 90X 9i9, COUNCIL Bt.UFFS, fOWA5i502 pJ2) 323-0530, FAX (712) 523-0779 1.1AY 31 2000 1455 FR HGM ASSOCIATES 712 323 0779 TO 14024264195 P . 03i 10 A?syor suci City Cauncfl Members May 23, 2000 Page 2 6 i W 14 ry,~, J,lilill~ aDat~t?1 S 15 Remove existing street light poleBS A 16 DuctlwlrIng foram lights D 17 Trees D 18 Tree grates D 19 benches S 20 Temporary st><rfaaing granular 21 Pavement marking D 22 Ornamental ~ pole and foundataon U 23 prnamental sign pasts D 24 Masonry wall eta at Two Blair Place D 25 Flagpole foundation p 26 2" PVG candait far ©PPl3 street lights W 27 8" water maun W 28 I " or 314" water service bored W 29 1" ttr 3!4" water service W 30 $" gate valve and bax W 31 1" pr 3!4" curb s#ap and box W 32 Fire hydrant assembly W 33 S" 90 D.I. M.S bend W 34 1" or 3!4" tap on main W 35 8" x 10" gross W 36 I O" water main sleeve W 37 6" x 6" x 6" tapping t~ valve W 38 10" x b" reducer W 39 8" x 8" x b" MJ tee W 40 6" MJ plug W 41 8" x 6" reducers W 42 10" water main W 43 Water meter pit W 44 10" gate valve and box ~~~ A TRADIf1CjN OF E,tCELLENCE. A C4MMITMEt~fT TO CREATIVE SOLt1TIONS. 10,000.00 1,40A.Ob I34,S80.00 6,351.00 25,433.00 24,570.00 3,74o.ao 0.00 13,464.00. 600.00 12,000.00 3,450.00 36,000.00 34,485.00 10,$54.00 4,510.00 1,300.00 2,800.00 5,346.00 200.00 3,300.00 300.00 600.(}0 1,2oa.oa 130,00 256.00 440,00 240.00 300.00 SOOAO 900.00 `„ 'MAY 31 2000 14 56 FR HGM ASSQCIATES 712 323 0779 TQ 14024264195 Mayor and City Conacil Members May 23, 2000 Page 3 A 45 Vault/window infill .Put 51 W 46 S" water main in 12" casing bare Change Order W 47 90 ELL and pipe at 3 fire hydrants W 48 Tee for correction to existing fire line W 49 Add valve at crossing of water mains at 16th Street W 50 Valve at crossing of existing utility line W 51 Increase casing from 12" to 14" W 52 Additional labor for broken valvo water main at 16th Street V1r 53 Additional labor to make tie-in at 17th and Washington W 54 Add 3/4" service line to vacant lot between 17th and 18th Street W 55 Connect 2" service at N.P. Dodge buildmg W 56 Remove tank at Country Gardens W 57 Remove tank at One Blair Place W 58 Remove 3 tanks at One Blair Place A 59 Remove foundation w~llls and I-beams at Drew Law Office A 6d Remove and fill in tunnel and window opening & water proof foundation at Eagles A b i Fill in openings and window wells at Great Plains ~- 62 Fill in 3 window openings at Nannen Physical Therapy A 63 Fili in 2 window openings at Coast to Coast & 2 window openings at Blair Florist D 64 Provide add'1 handrail due to different field conditions S 65 Remove and replace section of parking lot West of Country Gardens to facilitate parking lot drainage D 66 Wall and rail changes at Two Blair Place D 67 Wall and rail changes at Drew Law Office D 68 Delete Banners S 69 Add'1 concrete removal -concrete drives D 70 Add'l sidewalk -removal and replacement of additional Sidewalk North of 16th Street on East (Eagles, and .West (Two Blair Place} sides of 16th Street, South side of 16th Street West side (Wuatel & behind Hamel building} ~~~ A COMMITMENT~TUUCRF~,7 VE OLiJ11QN$, P.04i10 '~ I,518.00 16,530.00 63$.52 547.54 1,161.49 815.40 1,727.72 2,037.18 4,339,00 1,1SS.00 1,675.00. 129.56 697.56 2,v9z.6s 1,808A0 6,OSS,00 1,310.00 1,275.00 1,044.00 4,697,00 2,04t)AO 977.00 489.00 <2,625.00> 21,175.00 7,070.ao ' •,'MAY 31 2000 14F56 FR HGM ASSCICIATES 712 323 0779 TO 14024264195 P.05i10 1Vlayor and City CoJaacil M4J~t~JJ's May 23, 2000 . Page 4 t D ?1 S 72 O 73 D 74 D 75 D 76 D 77 D 78 D 79 Add'1 staining -add staining ofconcrete at mosing of stairs Material cast anly (na overhead profit) to thicken parking slab from 6" to 12" to accommodate existing pavement Section (15th-18"' Street) 1,750.00 l $,204,OU 2" PVC for QPPD Iights (Vinton Comer) 3,150.00 Trees -Vinton Corner 657.00 Tree grates -Vinton Corner ~ 2,631.00 >3ench = Vinton Corner 819.00 Flag poles -Vinton Corner 1,122.00 Olrnamental lightsti -Vinton Corner 8,966.00 Flag Pole foundations 300.00 ED= Engineering Design ENGINEERING EC= Engineering Construction TOTAL SUB-TOTAL 1,152,713.85 SS,000.00 138,283.32 83,283.32 1,290,997,17 W= .Water 10.6°/a 122,229.27 + 151,094.49 28,865.22 S= Street 12,1 % 138,539.80 + 170,770.83 32,231 A3 I7 =Decorative 27.4% 315,301.00 + 388,062.30. 72,761.30 A~ Assess 46.7% 537,493.78 537,493.7$ O~ gPPD 3.2°/a 39,150.00 + 43,575.77 4,425.77 1,290,997.1.7 Total frontage of sidewalk assessment'per foot = $239.953 ~~~ A TRADITION OF EXCELLENCE. A CC}MMITMENT TO CREATIVE S(~CI.JT10N5. ', ~ T1HY 31 2000 14 56 FR HGM ASSOCIATES 712 323 0779 TO 14024264195 P.06i10 Mayor and City Ca~tncil May 23, 2000 , Page 5 Downtown Improvement Street Improvement District 173 Aasessment Sc&edule FRONT LEGAL COST FOOTAGE BLOCK 36 - 96 feet 1 The S 24' of Lots 16, i 7, 18 HRMP, Inc. S23,035.49 & 19 is Black 36 in the City of Blair, Washington County, NE 48 feet 2 Lacs ZO & 21, Block 36, City of Kenneth H, Rhoades, Truster of the $11,517.74 Blair, Washington County, NE Kenneth H. Rhoades Living Trust 168 feet 3 Lot±a 22, 23, 24, 25, 26, 27 C3ary D. Finn . $40,312,10 & 2$, in Block 36, City of Blair, Washington County, NE 48 feet " 4 Lots 29 b't 30 in Black 36, City Sandra Carmichael $11,~ 17.74 ofBlair, Washington County, NE BLOCK 47 72 feet 1 Lots 1, 2 & 3 in Block 47, Washington County Bank $17,276.62 City of Blair, Washington County, NE 24 feet 2 Lot 4 in Block 47 in the Washington County Bank. $5,758.87 City of Blair, Washington County, NE 144 feet 3 Lets 5, 6, 7, 8, 9 & 10 in Washington County Bank $34,553.23 Blook 47, City of Blair, Washington County, NE 24 feet 4 Trot 11 in Block 47 In the Clty of Washington County Bank $5,758.$7 Blair, Washington County, N'R 24 feet S An undivided one-half interest Delory, Inc., a 1~ Corp $5,758.87 in & to lot 12, Bloek 47, City of Blair, Washington County, NE An undivided one-half interest in & to Lot 12, Block 47, City of Blair, Washington Coteniy, NE Valley L~ & Cattle Company afBlair, NE 24 feet 6 Lot 13 in Black 47 in the City of Blair, Washington County, NE Washington County Bank $5,758.87 ~~~ A TRADITION of EXCELLENCE. A GgMMITMENT TO CREATIVE SOLUTIONS. . •:MAY 31 2000 14 56 FR HGM ASSOCIATES Mayor and Cyty Council Members May 23, 2000 Page 6 712 323 0779 TO 14024264195 P.07i10 24 feet 7 .Lot 14, Block 47 in the City of Joseph A. Peterson & Tammy J. $5,758.87 Blair, Washington County, NE Peterson 24 feet 8 The N 70' of Lot I S in Block 47. The Blair Telephone Company, a $5,758,87 in the City ofBlair, Washingtori ` County, NE NE Corporation BLOCK 37 24 feet 1 Lat 16, Block 37 in the City of Joseph A. Pearo & Julie Ann $5,758,87 Blair, Washington County, NE Pears 24 feet 2 Lot 17, Black 37 in the City of Washington County Mutual $5,758.87 Blair, Washington County, NE Insurance Co. 24 feet 3 Lot 18, Block 37, City of Blair, William A~ Koons 8c Rosemarie T, $5,758.87 Washington County, NE Koons 24 feet 4 Lot 19, Block 37, City ofBlair, Stephen F. Jones & Donna M. $5,758.87 Washington County, NE Janes 24 feet 5 Lot 20, Block 37 City of Blair, Jahn E. Samson & Lorcie Samson X5,758.87 Washington County, NE 24 feet 5 Lot Z1, Block 37 City of Blair, Gordan A. Kuether & Mary Jane $5,758.87 Washington County, NE Kuether 24 feet 7 Lot 22, Black 37 City ofBlair, Jahn S. Redick & Catherine Redick $5,755.87 'Washington County, NE 24 feet 8 Lot 23, Block 37 City ofBlair, Richard P. Hansen & Ann E. $5,758.87 Washington County, NE Hansen 24 feet 9 Lot 24, Block 37 City ofBlair, Richard F. Hansen & Ann E. $5,758.87 Washington County, NE Hansen 24 feet 10 Lot 25, Block 37 City ofBlair, Wilma R. Wolff $5,758.87 Washington County, NE 24 feet 11 Lot 26, Black 37 City ofBlair, Frank J. Waft, Jr. $5,75$.87 a Washington County, NE 24 feet 12 Lot 27, Block 37 City of Blair, Laura Ann Petersen $5,758.87 Washington County, NE ~~~ ` A TRAbITIQN pp EXCELLENCE. A COMMITMENT TO Citr?ATIYE 50LUTlONS. .;MAY 31 2000 14 57 FR HGM ASSOCIATES 712 323 0779 TO 14024264195 P.08i10 Mayor and City Council May 23, 2400 Page 7 72 feet 13 rots 28, 24 & 30 City of Hlair, F.p,E. No. 3215 Blair Aerie of Blair $17,276.62 Washington County, NE Washington County, NE {Fraternal Order of Eagles) BLOCK 46 48' 8" 1 Lots i & 2 & the 1~ 8" of Lot 3 in ugh W. Hunt & Richard A. Hunt $11,678.51 in Block 46, City of Blair, Washington County, NE 47' 4" 2 Lot 3, except the E 8" & Lot 4, Richard Alan blunt, as to i/2 interest $11,356.97 Block 46, City of Blair, & Hugh Hunt & Jane Ann Hunt, ''Washington County, NB Co-Tn~stees, as to a 1/2 interest 24 feet 3 Lot S in Block 46,-City of BIair, Clarence E. Mack & Michael A. $5,758.87 Washington County, NE Jacobson 24 feet 4 Lot 6 in Black 46, City of Blair Eriksen Investment Co. $5,758.87 Washington County, NE 24 feet S Lot 7 in Block X16, City of BIair C.RJ. Enterprises, Inc. $5,758.87 Washington County, NE 24 feet 6 1;ot 8 in Block 46, City of Blair Stanley M. Carnes & Betty J'. $5,758.87 Washington County, NE Carnes 24 feet '7 Lot 9 in BIock 46, Second George Hall ~ H. William 55,758.87 Addition to the City of Blair, Rasmussen Washington County, NE 24 feet S Lot 10 in Block 46, City of Blair James O. Scheffler &):unice $5,758.87 Washington County, NE Scheffler 24 feet 9 Lot 1 l in Block 46, City of Blair Curt Barr & Vicki Barr 55,758.87 Washington County, NE 24 feet 10 Lot 12 in Block 46, City ofl3lalr Charles C. Barr & Vicki L. Barr $5,758.57 Washington County, NE 24 feet i 1 Lot 13 in Block 46, City of Blair Lois M. Harris $5,758.87 Washington County, NE 24 feet 12 Lot 14 in Block 46, City of BIair David L. Harris & Douglas L. $5,758.87 Washington County, NE Harris 24 feet 13 Lot 15 in Block 46, City ofBlair 3ulene IC. Warren $5,758.87 Washington County, NE ~~~ A TRADITION Of ExCBiIENCt:. A COMMlTA11Ei•1T Tfj CRG~'.TIVE SOLUTIONS. '_ , ~J~1AY 31 2000 1457 FR HGM ASSOCIATES 712 323 0779 TO .14024264195 P.09i10 IViayor and City Cau>ncil May 23, 2000 Page S BLOCI~.38 17 feet 1 East 7' of Lot 21 in Block 38, City Erilcsen Investments, Inc. ,p7g.~p afBlair, Washington County, NE 24 feet 2 Lot 22 in Black 38, City of Blair, Latwaitis Family Limited Partnership $5,758.87 Washington Gourity, NE 48 feet 3 Lots 2.3 & 24 in Block 38, City of Manny Goldberg Family Trust No. 2 $11,517.74 Blair, Washington County, NE 72 feet 4 Lots 25, 2b, 27 in Block 38, City of Omaha National Bank, Omaha NE $17,27b.b2 Blau, Washington County, NE as Trustee -Herbert E. Nelson Family Trust. 24 feet 5 Lot 28 in Block 38, City of 131air, Ruth ]. Thompson $5,758.87 Washington County, NE 4$ feet 6 Lots 29 & 30 it1 Block 38, City of Reyzlik Enterprises $I 1,SI7.74 Blav, Washington County, NE liLOGK 4S 48' 11" I Lots 1 & 2 ~ East i I" o Lot 3 >3rian Scebold rlvith contract to 511,737.59 in Block 45, City of Blair, Joseph M, Smith Washington County, NE 47' 1" 2 Lot 3, except E 11" & Lot 4 Albert Schulz, Eldor J, Schulz, Olga $11,297.79 in Black 4S, City of Blair, Schulz Washington County, NE 24 feet 3 Lot S in Bloak 45, City of Blair, Eldor J. & Lois 1. Schultz $5,758.87 Vashington County, NE 48 feet 4 Lots $ & 7 in Block 45, Gity of Kenneth I3. Rhoades, Trustee of t1-e $11,5 I 7.74 Blair, Washington County, NE Kenneth 1;1. Rhoades Living Trust 48 feet ~ Lots 8 & 9 in Block 4S, City of Robert E. Harrison & Dorothy J. $11,517.74 Blair, Washington County, NE Harrison, Mark Harrison 72 feet b Lots I0, 11 & 12 in Block 45, City Richard M. Wardell & Linda J. $17,276.62 of Blair, Washington County, NE Wardell - °72 feet 7 Lots 13,14 & 15 in Block 45, Clty Thiel, inc. $17,276.b2 of Blair, Washington County, NE 207' g 2,240 feet Intersection City of Blair $49,669.42 $537,493.78 Total footage Total Assessments ~~~ a ri~.olrlol~ of EXCEtt.t?rvc~. A C01/,MITMENr TO CREATIVE SOLUTIONS. ~.. - s^1AY 31 2000 14 57 FR HGP1 ASSOCIATES 712 323 0779 TO 14024264195 P.10i10 Mayor and City Coancil Members May 23, 2000 Page 9 e If you have any questions in regards to the almve information Please call. Yeurs very truly, HGMASSOt/Y.4TESWC. - CONSLIZTANT Dean Patjen, P.E., ~.l'.A. Pr©ject Manager ** TOTAL PAGE .10 -~~: • MAY 23 2000 1'7 =10 FR HGM ASSOCIATES 412 323 04'79 TO BLA I R CITY HALL P :11i~ x. , A S S O C I A T E S f N C. 3 } }' May 23, 200a 1~rlayar ~ City Council Members Cm- of sla;r zi s south 16~' street B1ai=', Nebraslta 68008 RE: Special A.ssessn~ents . Street Improvement District No.176 Downtown Impmvement=l4~'to 15~` Dear Mayor and. City Council 1vXembers, Shown hereon axo the final constnzctiou casts ~d ausaellaneous expenses for Street Improvement District No.176: TOTAL CONSTRUCTION COST AND COST ALY,OCATION DOwNTOwi~T IlV~'ROVENlT<;N'Y' 14~ TO 15~ S 1 Remove existing sidewalk S 2 Remove existi~ag pavement S 3 Full depth paging with curb S 4 7" no]rrein gayment with curb S 5 4" PCC walk or ramp S 6 Tra$ic control S ~ ` 7 Remove existing street light pole base S 8 Pavemeat marking . O 9 2" PVC conduct for Ol'PD lights w 1(} 6" water main w 11 sp w~cter nsain 3,b50.00 1,560.00 32,935.00 11,550.00 4,084.00 3,000.04 800,00 0.00 9,000.00 600.00 16,030.00 ] tca oou~us aN ~E Iw4r1,, ot~tAtaA, r~~~sw~ betas c~2~ 3<ta-~~9. FAx tao2~ spa b:d0 PIFTii AVENUE, P.O. BOX 414, COUNCIE 6LUfP5. Io4VA 5i5G2 C7t2~ 323-k]53G, PAX (712) 323-0779 ~ ~ •' -- -- - - - ~ •. ~... I iG wJGJ 41. I..~ I V LLC71R \.. 1. 1 1 1'P'R.1_ r. 1GI j' r ~.. A~ - May~rr and City CouncillViember~ Msy 23, 2000 Page 2 W 12 W 13 W 14 W 15 . . ~iT lb W 17 Rt 18 _ W 39 W 20 ' W 21 w a2 W 23 w ; 24 S 25 w zs S 2? S 28 W 29 } 3J4" waterservice di~ecticnal bore 2,490.00 3i4" water service 935.04 '8" YaIVe ' 650.40 314" curb ~stap and ~x ~ - 9U0.00 . Fire hydrant asaembly ]:,900.00 $" 45* DI 1V1.J. bend .400.40 3/4" tap on $" main I,3S0,04 b"'gai~ valve and ~x 1,9SO.U0 8`x 6 x 6 N1J tee ~ ~ 260.00 8 x 8 x 6 NU t~e~ .. _520.00 6" M.T plug 114.00 8fl watBl' mean 3n 14" casing ioorrd 3,204.00 12elaca#e e.Iectric~ marsh©le 4,600:00 Salvage and replace signs X04.00 Sodc~ng 125.4Q Remove additional pavem~rt 256.00 Addltic~nat sid~uvalk replacement ~ 7,3&~.OQ Sad 1,225.00 SUB-TgTAL 11.7,9'10.00 ENQINEERING 30,745.?3 Tt3TAL ~ 142,715.73 LESS f3PPD CC?STS (11,458.73 ANiOiJNTV TO $~ ASSESSED! 13X,257,00 S =Street .: 65,72.00, + I7832.40 = 83,557.00 . d = OPPD 9,0OO,Oa + 2,458.73 = 11,458.73 ~w mm Waxer , 3?,245.00 + X0,455.04 ° 47,700.04. j - -TOTAL 142,715.73 h A TRADITlOIV OF EXCELI.~idfi~ A COMMITMEM TO CREATEYE 50LU~IONS. MAY 23 2000 1711 FR HGf~i ASSOCIATES 712 323 0'779 TO BLAIR CITY HALL P.13i;,5 Mayor and City Council May 23, ZOOU Page 3 PROkOSED ASSESSMENT SCHEDULE li'RON'f' LEGAL COST FOOTAGE . BLdCK 3S 120 feet 1 Lots 1 b, ]:7,18,19, and 20 in Fai~vay Investments, Inc. $0.00 Block 35, City of Blair, Washington County, Nebraska . 48 feet 2 Lets 21 and 22 in Block 35 James.: Paulsen, NYary Anil Todd, $0.00 City of Blair, Washington Cotmty, Donald Paulsen Nebraska 59 feet 3 All of Lots 23 and 24 and the W 11' ohN'ebraska. L?istict Council of the $0.00 Lot 2S, all in Block 35, .City of Blair,: Assemblies of God Washington. County, Nebraska 3 7 feet- 4 The Fast 13' of Lot 25, and all of Lot Nebraska District Council of the $0.00 26 in Block 35,-City of Blair, .Assemblies of trod Washington County, Nebraska . 48 feet S Lots 27 and 2g in Block 35, City of Linden Sartd~viches, Inc. A, NE Corp $OAO Blair, 'Washington County, Nebrasl~ 48-feet 6 Lot 29 and the W 2' in the wideth~ of Linden Sandwiches, Ina A. NE Corp $Q.OQ the S 60' of Lot 30 in Block 35, City of Blair, Washington County, NE and . . Lot 30 except the ~iV 2' ofthe S 60' thereof, in Block 3S, Cify ofBlair, Washington County, Nebraska BLOCH 48 1~4 feet 1 I.ot 1, 2, 3, 4, 5 and b in B 4$ Omaha F re 't Union 0.00 City of Blain, Washington County, Nebraska 9b' b" 2 Lots 7, S, 9 and 14 and the E b" of Thomas C. Sternberg $0.40 _ Lot 11, Block 4S, Original Townsite of Blair, Washington County, NE A TRADITION OF EXCELLENCE. A COMMITMENT TO CREATiYE St3lU'r1pNS, o - .--~--- - ~ ~+. ~ .~ ~ ,u. ~ ,-~.a.~u~„an ~.c.7 t tG JCJ Cf f f7 1I.1 t'iLH IK 1.1 I T HHLL 1~', 14~1`J a er•?' ~ w ~ . 1'vtsyar and Ciity Council May 23, 2Q00 Page. 4 k } 47' 6" 3 Lot 11, except the East b" and Lot 12, Tom Sternberg and Stepl~nce $0.00 Block 48, City of Blair, as surveyed, Sternberg, platted and recorded in W ashington Court#y, Nebraska 72 feet 4 Lots i 3,14 and }. 5, Block 48, City of T~ebra I.~. Hutton $0.00 - Blair, as surveyed, platted and ~ . ..recorded in ~Vasl~ington County, NE 97 feet City of Blair $131,257.00 Total $13i,257A0 ~1t~'m A TRADITION Crf EXCELLENCE. A COMMITMBhiT TO CREATIVE SOLl1TEON5. MAY 23 20~ 17 ~ 11 FR HGM ASSOC I RTES 712 323 H779 TO BLA I R CITY HALL P .15i ~S, d. L'~ • " ' w Mayor and City Council Members May 23, 2+D00 Page 5 a If you have. any questions in regaards to the above information please call.. Yozns very truly, xcNt~ssacr~r~srrrrc. - coxsuzT~r ~w DeaII pa P.E., A.I 3~ Project M~alger t a ~~ A TRADITION OF EXCELLENCE. A COMMITMENT TO CRL•ATIVf: SOLUTIONS. you TOTAL PAGE .15 :~ RESOLUTION No. 2000 ~ 20 COUNCII,MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Street ~mpravement District Nos. 173 and 176 have been completed, and none of the property descn~d. in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Street Improvement District Nos. 173 and 176 have been specially benefitted by said improvements in the amounts as shown on said schedules, and the amounts shown on said schedules do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Street Improvement District Nos. 173 and. 176. 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 ont opposite said lots and parcels of ground in said schedules. Sa~1 assessments shall become due So days after the date of passage of this Resolution levying special assessments, and may ~ paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 7.(}'~a per annum from and after the date of passage of this Resalution, and from and after the date of delinquency at the rate provided by law. Said installments for Street Improvement District Nos. 173 and 176 shad become delinquent in fifteen (1 S) equal installments, as follows: 1i1Sth -August 3, 2000 1/1 Sth -one year from date hereof 111 Sth -two years from date hereof ~, 1/15th -three years from date hereof ~'I 1JISth -four years from date hereof 1/1Sth -five years from date hereof 111 Sth -six years from date hereof ', 1/15th -seven years from date hereof '~, 1J1Sth -eight years from date hereof UlSth -nine years from date hereof 1J1Sth -ten years from date hereof 11 i 5th -eleven years from date hereof ', 1115th -twelve years from date hereof 1115th -thirteen years from date hereof ~'~, 1/1Sth - fourteen years from date hereof SECTIO1~fi 3. All said assessments shall ~ a lien on the property on which levied from the date hereof and shall be certified by the City Clerk to the Treasurer ofthe City for collection. SECTION 4. The schedules of proposed assessments 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. COUNCII..MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MbTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS SOEKA, REALPH, SHOTWELL, FANOELE, MCMANIGAL, RYAN, AND ABBOTT VOTING "AYE" AND COUNCii.119~1VfRERS NONE VOTING `m1AY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13'~ DAY OF JUNE, 2000. CITY OF BLAIlt, NEBRASKA BY MICHAEL A. MINES, MAYOR ATTEST: BRENDA R. TAYL R, TY CLERK (SEAL) STATE OF NEB~ASKA ) !, ) ss: WASHINGTON COUNTY ) BRENDAN R. TAYLOR hereb certifies that she is the d int ualified and act' y ~3' aPPo ~ 9. ~ City Clerk ofthe City ofBlair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a rE;gular meeting of the Mayor and City Counc~ of said City, held on the 13~` day of June, 2004. B NDA R. TAYLO CITY CLERK i ~i n ~ ASSOCIATES INC. May 23, 2000 Mayor and City CQnncil Members City of Blair 218 South 16~' Street Blair, Nebraska 68Q08 RE: Special Assessments Street Improvement District No. 173 Dov~mtown Improvement -15~` to 18~` Dear Mayor and City Council Members, Shown hereon are t~e final construction costs and miscellaneous expenses for Street Improvement District No. 173: COST ALLOCATION DOWNTOWN IlVIPROVEMENT 15TH TO 18TH W 30% 1 Remove existing sidewalk 10,990.62 A 70% 1 !Remove existing sidewalk 25,644.78 S 2 '~, Remove existing curb and gutter 4,002.00 S 3 ', Remove existing pavement full depth 9,240.00 A 4 II Vault/window infill Ent 14 200.00 A 5 I Vau1tlwindow infill Ent 11 520.00 A 6 I' Vault/window inf~ll Ent 30 8,300.00 S 7 Full depth patch ACC/PCC PV 10,400.00 S 8 ~; Standard PCC curb and gutter 5,160.00 S 9 ~ 6" non-reinforce PCC PV w/ int curb 63,178.$0 A 10 ', 4" PCC sidewalk w/tooled joints 96,250.00 A 11 '~ Sidewalk stain 6,536.00 A 12 !, HC ramp with integral masonry 387,000.00 D 13 ', Free-standing masonry walls 68,000.00 1104 DOUGLAS ON THE MALL, OMAHA, NEBRASKA b8102 (402) 346-7559, FAX (402) 346-0224 640 FIFTH AVENUE, P.O. BOX 919, COUNCIL BLUFFS, IOWA 51502 (712) 323-0530, FAX (712) 323-0779 Mayor and City onnc Members May 23, 24(}0. ` Page 2 , W-14' Traffxccontrol 10,000;00 S ` 1S Remove. existing street light pale BS .: 1,404.00 D I6 Ductlwiring for orn lights 134,S80.Q0 D 17 Trees _.6,351.00 D 18 Tree grates. 25,433.40 D 19 Benches ; , 24,570.00 S 20 Temporary surfacing granular 3,740.00 '21 Pavement marking 0.00 D 22 . Ornamental flag pole and foundation 13,464.00 D X23 Ornamental sign pasts ; 600:00: D 24: Masonry wall:etc. at Two Blair Place 12,000:00 D '25 Flagpole foundation `:3,450.00 O 26 _ 2" PVC conduit for OPPD street lights 36,000.00: W `27 8" water main 34,485.00 W: 28 1" or 3/4" water service bored 14,854.00 W 29 . 1 ";or 3!4" water service 4,510.00 W 30 8"'gate.Valve and box ` ': 1,300.00 _ W 31 1" pr 3/4" curb stop and box 2,800.00 W 32 Fire hydrant assembly _, 5,346:Ofl W 33 8" 90 D.I. M.S trend 200.00. '; W 34 1"`or3/4" tap onmain _ 3,300.00 W 35 8" x 10" gross , 300.00 W 36 1Q" water main sleeve 600.00 W 37 6" x 6" x d" upping tee valve 1,200.00 . W 38 10" x 6" reducer - 130.00 W 39 8" x 8" x &~ IYIJ tee 256:00 W 40 b" MJ pliug ~ 440.00 W 41 8" x 6" :reducers ' ° . 240.00 W 42 10".water main 300:00 W 43 ` Water meter pit _ 500.00 W 44 10" gate Valve and box " - 900.0.0 A TRAbITIC+N CAE fXCEILfNCf. A Cp~AM1TMfNT TCt CREATIVE SOLUFLONS. Mayor and City Council Members. May 23, 2000 Page 3 j I\ A 45 ', Vaultlwindow inf~ll Ent 51 W 46 8" water main in 12" casing bore Change ~ Order '', W 47 ', 90 ELL and pipe at 3 fire hydrants W 48 'I Tee for correction to existing fire line W 49 ', Add -valve at crossing of water mains at 16th. Street W 50 . ', Valve at crossing of existing utility line W 51 Increase casing from 12" to 14" W 52 ', Additional labor for broken valve water main at 16th Street W 53 ' Additional labor to make tie-in at 17th and Washington W 54 ' Add 3J4" service line to vacant lot between 17th and 18th- Street W 55 '; Connect 2" service at N.P. Dodge building W 56 ', Remove tank at Country Gardens W 57 ' Remove tank at One Blair Place W 58 ', Remove 3 tanks at One Blair Place A 59 ' Remove. foundation walls and I-beams at Drew Law Office A 60 ' Remove and fill in tunnel andwindow opening & water proof ~ foundation at Eagles I A 61 Fill in openings and window wells at Great Plains A 62 ', Fill in 3 window openings at Nannen Physical Therapy A 63 ', Fill in 2 window openings at Coast to Coast & 2 window openings at Blair Florist D 64 I' Provide add'1 handrail due to different field conditions S 65 I Remove and replace section of parking lot West of Country Gardens to facilitate parking lot drainage D 66 ', -Wall and rail changes at Two Blair Place D 67 ~, Wall and rail changes at Drew Law Office D 68 ' Delete Banners S 69 Add'1 concrete removal -concrete drives D 70 '; Add'1 sidewalk -removal and replacement of additional Sidewalk North of 16th Street on East (Eagles) and West j (Two Blair Place) sides of 16th Street, South side of 16th Street West side (Huntel & behind Huntel building). ~ ~. ', A TRADITION OP EXCELLENCE. I A COMMITMENT TO CREATIVE SOLUTIONS. 1,518.00. 16,530.00 638.52 547.54 1,161.49 815.40 1,727.72 2,037.18 4,339.00 1,186.00 1,675.00 129.56 697.56 2,092.68 1,808.00 6,088.00 1,310.00 1,275.00 1,044.00 4,697.00 2,040.00 977.00 489.00 ~'L,625.00> 21,.175.00 7,070.00 Mayor and City ~onncil Members May 23, 2000 ', Page 4 ', D 71 ', Add'1 staining -add staining of concrete at mosing of stairs S 72 IViaterial cost only (no overhead profit) to thicken pazking slab _ . ;from 6" to 1 Z" to accommodate existing pavement Section (15th-18~' Street) 0.73 ' 2" PVC for OPPD lights (Vinton Corner) D 74 'Trees -Vinton Corner D 75 Tree grates -Vinton Corner D 76 Bench -Vinton Corner ~D 77 ' Flag poles -Vinton Corner D 78 'Ornamental lights -Vinton Corner D 79 ', Flag Pole foundations SUB-TOTAL ED= Engineering Design 55,000.00 ~~ ENGINEERING ECT Engineering Construction 83,283.32 TOTAL W=', Water 10.6% 122,229.27 28,865.22 S= Street 12.1% 138,539..80 + 32,231.03 D~ Decorative 27.4% 315,301.00 + 72,761.30 A-=r Assess 46.7% 537,493.78 O= OFPD 3.2% 39,150.00 + ', 4,425.77 1,750.00 18,204.00 3,150.00 657.00 2,631.00 819.00 1,122.00 8,966.00 300.00 1,152,713.85 138,283.32 1,290,997.17 151,094.49 170,770.83 388,062.30 537,493.78 43,575.77 1,290,997.17 ', Total frontage of sidewalk assessment per foot = $239.953 ~< ~~ ~, ', A TRADITION OF EXCELLENCE. i A COMMITMENT TO CREATIVE SOLUTIONS. Mayor and City Connci~~ May 23, 2000 Page 5 FRONT FOOTAGE 96 feet 48 feet 2 168 feet 3 48 feet 4 72 feet 1 24 feet 2 144 feet 3 24 feet 4 24 feet 5 24 feet 6 LEGAL BL©CK 36 Downtown Improvement Street Improvement District 173 Assessment Schedule The S 24' of Lots 16, 17, 18 & 19 in Block 36 in the City of Blain, Washington County, NE Lots'20 & 21, Block 36, City of Blain, Washington County, NE Lots',22, 23, 24, 25, 26, 27 & 2~, in Block 36, City of Blair, Washington County, NE Lots'29 & 30 in Block 36, City of Blair, Washington County, NE City of Blair, Washington County, NE Lot 4 in Block 47 in the City of Blair, Washington County, NE COST Kenneth H. Rhoades, Trustee of the $11,517.74 Kenneth H. Rhoades Living Trust Gary D. Finn $40,312.10 Sandra Carmichael $11,517.74 Washington County Bank $5,758.87 Washington County Bank $34,553.23 Washington County Bank $5,758.87 Delory, Inc., a NE Corp $5,758.87 Valley L& & Cattle Company of Blair, NE Washington County Bank $5,758.87 Lots 15, 6, 7, 8, 9 & 10 in Block 47, City of Blair, Washington County, NE Lot ~ 1 in Block 47 in the City of Blair, Washington County, NE An updivided one-half interest in & to lot 12, Black 47, City of Blair, Washington County, NE An undivided one-half interest in & to',Lot 12, Block 47, City of Blair, Washington County, NE Lot 13 in Block 47 in the City of Blair, Washington County, NE HRMP, Inc. A TRADITION OF EXCELLENCE. A COMMITMENT TO CREATIVE S0IUTIONS. Mayor and City Council jMembers May 23, 2000 ', Page 6 ~, II 24 feet 7 Lot 1!4, Block 47 in the City of Blair; Washington County, NE 24 feet 8 The 1V 70' of Lot 15 in Block 47 in the City of Blair, Washington • County, NE 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet 24 feet Joseph A. Peace & Julie Ann Peace Washington County Mutual $5,758.87 Insurance Co. William A. Koons & Rosemarie T. $5,758.87 Koons Stephen F. Jones & Donna M. $5,758.87 Jones John E. Samson & Lorrie Samson $5,758.87 Gordon A. Kuether & Mary Jane $5,758.87 Kuether John S. Redick & Catherine Redick $5,758.87 Richard F. Hansen & Ann E. $5,758.87 Hansen Richard F. Hansen & Ann E. $5,758.87 Hansen Wilma. R Wolff $5,758.87 Frank J. Woff, Jr. $5,758.87 Laure Ann Petersen $5,758.87 ', A TRADITION OF EXCELLENCE. A COMMITMENT TO CREATIVE SOLUTIONS. BLOCK 37 1 Lot 1!6, Block 37 in the City of Blair; Washington county, NE 2 Lot 1',7, Block 37 in the City of Blairb Washington County, NE 3 Lot 1,8, Block 37, City of Blair, Washington County, NE 4 Lot 1''~9, Block 37, City of Blair, Washington County, NE 5 Lot ~0, Block 37 City of Blair, Washington County, NE 6 Lot 21, Black 37 City of Blair, Washington County, NE 7 Lot 22, Block 37 City of Blair, Washington County, NE 8 Lot 23, Block 37 City of Blair, Washington County, NE 9 Lot ~4, Block 37 City of Blair, Washington County, NE 10 Lot 25, Block 3? City of Blair, Washington County, NE 11 Lot 26, Block 37 City of Blair, Washington County, NE 12 Lot 2~7, Block 37 City of Blair, Washington County, NE Joseph A. Peterson & Tammy J. $5,758.87 Peterson The Blair Telephone Company,. a $5,758.87 NE Corporation Mayor and City Council May 23, 2000 Page 7 72 feet 13 Lots 28; 29 & 30 City of Blair, F.O.E. No. 3215 Blair Aerie of Blair $17,276.62 Washington county, NE Washington county, NE (Fraternal Order of Eagles) BLOCK 46 48' 8" 1 Lots 1 & 2 & the E 8" of Lot 3 in Hugh W. Hunt & Richard A. Hunt $11,678.51 in Block 46, City of Blair, Washington County, NE 47' 4" 2 Lot 3, except the E 8" & Lot 4, Richard Alan Hunt, as to 1/2 interest $11,356.97 Block 46, City of Blair, & Hugh Hunt & Jane Ann Hunt, Washington County, NE Co-Trustees, as to a 1/2 interest 24 feet 3 Lot 5 in Block 46, City of Blair, Clarence E. Mock & Michael A. $5,758.87 Washington County, NE Jacobson 24 feet. 4 Lot 6 in Block 46, .City of Blair. Eriksen Investment Co. $5,758.87 Washington County, NE 24 feet 5 Lot 7 in Block 46, City of Blair C.RJ. Enterprises, Inc. $5,758.87 Washington County, NE . 24 feet 6 Lot 8 in Block 46,-City of Blair Stanley M. Carnes & Betty J. $5,758.87 Washington County, NE Carnes 24 feet 7 Lot 9 in Block 46, Second George Hall & H. William $5,758.87 Addition to the City of Blair, Rasmussen Washington County, NE 24 feet 8 Lot 10 in Block 46, City of Blair James O. Scheffler & Eunice $5,758.87 Washington County,. NE Scheffler 24 feet 9 Lot 11 in Block 46, City of Blair Curt Barr & Vicki Barr $5,758.87 Washington County, NE 24 feet 10 Lot 12 in Block 46, City of Blair Charles C. Ban & Vicki L. Barr $5,758.87 Washington- County, NE 24 feet 11 Lot 13 in Block 46, City of Blair Lois M. Harris $5,758.87 Washington County, NE 24 feet 12 Lot 14 in Block 46, City of Blair David L. Harris & Douglas L. $5,758.87 Washington County, NE Harris 24 feet 13 Lot 15 in Block 46, City of Blair Julene K. Warren ~ $5,758.87 Washington. County, NE ~. A TRADfTlON OF EXCELLENCE. A COMMITMENT TO CREATIVE SOLUTIONS. ' Mayor and City Council May 23, 2000 Page 8 BLOCK 38 17 £eet ~ 1 East 1T of Lot 21 in Block 38, City Eriksen Investments, Inc. $4,079.20 of Blair, Washington County, NE 24 feet 2 Lot 22 in Block 38, City of Blair, Latwaitis Family Limited Partnership $5,758.87 Washington County, NE 48 feet 3 Lots 23 & 24 in Block 38, City of Manny Goldberg Family Trust No. 2 $11,517.74 Blair, Washington County, NE 72 feet 4 Lots 25,.26, 27 in Block 38, City of Omaha National. Bank, Omaha NE $17,276.62 Blair, Washington County, NE as Trustee -Herbert E. Nelson Family Trust 24 feet 5 Lot 28 in Block 38, City of Blair, Ruth J. Thompson $5,758.87 Washington County, NE 48 feet 6 Lots 29 & 30 in Block 38, City of Reyzlik Enterprises $11,517.74 Blair, Washington County, NE BLOCK 45 48' 11" _ 1 Lots 1 & 2 & East 11" of Lot 3 Brian Scebold with contract to $11,737.69 in Block 45, City of Blair, Joseph M. Smith Washington County, NE 4T 1" 2 Lot 3, except E 11" & Lot 4 Albert. Schulz, Eldor J. Schulz, Olga $11,297.79 in Block 45, City of Blair, Schulz Washington County, NE 24 feet 3 Lot 5 in Block 45, City of Blair, Eldor J. & Lois J. Schultz $5,758.87 Washington County, NE 48 feet 4 Lots 6 & 7 in Block 45, City of Kenneth H. Rhoades, Trustee of the $11,517.74 Blair, Washington County, NE Kenneth H. Rhoades Living Trust 48 feet 5 Lots 8 & 9 in Block 45, City of Robert E. Harrison & Dorothy J. $1 1,517.74 Blair, Washington County, NE Harrison, Mark Harrison 72 feet 6 Lots 10, 11 & 12 in Block 45, City .Richard M. Wardell & Linda J. $17,276.62 of Blair, Washington County, NE Wardell 72 feet 7 Lots 13,14 & 15 in Block 45, City Thiel, Inc. $17,276.62 of Blair, Washington County, NE 207' 8 2,240 feet Intersection City of Blair $49,669.42 $537,493.78 Total footage Total Assessments A TRADITION OF EXCELLENCE. A COMMITMENT TO CREATIVE SOLUTIONS. Mayor and City Council Members May 23, 2000 Page 9 If you have any questions in regards to the above information please call. Yours very truly, HGMASSOCIATES INC. - CONSULTANT ~- .,t- Dean Fajen, P.E., A.I Project Manager ~. A TRADITION OF EXCELLENCE. A COMMITMENT TO CREATIVE SOLUTIONS. •MAY 23 2000 17 10 F=R HGM ASSOCIATES 712 323 0779 TO BLAIR CITY HALL P.11i15 ~- - A S S O C I A T E S I N C. May 23, 2000 Mayor and City Council Members City of Blair 21 S South 16`~ Street Blair, Nebraska 68008 RE: Special. Assessments Street Improvement District No. 17b Downtown Improvement -14a' to 15~' Dear Mayor and City Council Members, Shown hereon are the final constnzctiou costs and miscellaneous expenses for Street Improvement District No. 17b: TOTAY~ CONSTRUCTION COST ANl? COST ALY.OCA.TION DOWNTOWN IlVYpROVEMENT 14~ TO 15'~ S 1 Remove existing sidewalk 3,650.00 S 2 Remove existing pavement 1,560.00 S 3 Full depth patching with curb 32,935.00 S 4 7R Eton rein payment with curb 11,550.40 S 5 4" PCC walk or ramp 4,080.00 S 6 Traffic control 3,000.00 S 7 Remove existing street. light pole base 8Q0,00 S 8 Paveme~. marking 0.00 O 9 2" FVC conduct for OPl?D lights 9,000.00 ~T 10 6" water main 600.00 W 11 8" water main 16,030.00 11C14130U~LAS ON THE MALL. ©MAFiA, NEBRftSKA 68102 0402) 34~--7559. FAX (d02) 346-Q224 640 FIFTH AVENUE, P.O. 80X 919, COUNCIL 9LUfFS. t04VA 615(}2 C712} 323-053Ct, fAX C712) 323-0779 A1AY 23 2~ 1? ~ 10 FR HC~I ASSOCIATES •' Mayor snd C1ty Caut~cil Members May 23, 2000 Page 2 712 323 0'779 TO SLAIR CITY HALL. P. 12/15 W 12 314" water service: directicmal bore W 13 314" water service W 14 S" gate valve W 1~ 314" curb stop and box . W 16 Fire hydrant assembly W 17 S" 45~` DI M.J. bend W 18 314" tap. on S" main W 19 6".gate valve and box W 20 8x6x6MItee W 21 8x8x6MJtee W 22 6" MJ plug W 23 8" waxer main in 14" casing bored W 24 Relocate electric m2Er~liole S Z5 Salvage and replace signs W 2b Budding S 27 Remove additional pavement S 28 Additional sidewalk replacemcut W 29 Sod SUB-TATAL F~TCIINEERING -TOTAL ..LESS 4PPD COSTS AM4UN'T TO ~~ ASSESSED 2,490.oa 935.00 650.{x3 900.00 1,90x.00 400.00 1,3so.aa 1,95o.ab z~o.ob s2o.ab 110.00 3,204.00 4,~OO.bO 5b4.00 125.U0 26~.ao 7,3s~.ao I,225.Ob 111,970.00 30,745.73. 142,715.73 (11,458.73} 13X,257.00 S =Street b5,725,0(~ + 17,832.00.= 83,557.00 O ~ 4PPD 9,000,00 -~ 2,458.73 = 11,458.73 W = Waxer 37,245.x0 + X0,455.00 = 47,700.00 TOTAI:. 142,715.73 ; hg~n A TRA[~ITION OF EX~F.L[ENC,~ A ~OMMfTMENT Tp CRE.RTIYE 50LUfIONS. .MAY 23 2000 17 10 FR HGM ASSOCIATES Mayor end City Council Members May 23, 2000 Page 4 712 323 0779 TD BLAIR CITY HALL P.10i15 If you have any questions in regards to the above information please ca11.. 'burs very truly, HGMAS30CIAT~S INS: - CONS~L7ANT Dean Fajen,. P.E., A .A. Project Manager ~'l~l~ A 7RADiTIOi~ pF CXCEItFNCE A COMnaITMENT TO CRtAi'IVE SOLl1TIONS. .~,. RESOLUTION N0.2000 - 21 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair is contemplating expanding its Water Treatment Plant to provide capacity for an additiona16,000,000 gallons of water per day to serve expansions to the industrial plant located near Blair, Nebraska owned by Cargill, Incorporated and other affiliated companies, and WHEREAS, in order to fund the Water Treatment Plant expansion and to re~nar~ce certain indebtedness incurred for previous expansions as required under Treasury Regulations §1-141-12, it will be necessary for the City ofBlair to issue bonds up to a maximum of $11,500,000, and WHEREAS, as a prerequisite for the issuance of such bonds, it is necessary to seek approval from the Nebraska. Investment Finance Authority under tl}e Unified Volume Cap Allocation procedure, and WHEREAS, in order to be placed on the agenda for the June meeting of the Nebraska Investment Finance Authority, Rodney A. Storm, Blair City Administrator, executed a Unified Vohune Cap Allocation Application on behalf of the City of Blair. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Councd hereby declare their intent to issue such ]rands and the actions taken by Rodney A. Storm, Blair City Administrator, in executing and deliverirxg to the Nebraska. Investment Finance Authority the Unified Volume Cap Allocation Application {a copy of which is attached hereto, marked Extubit "A" and incorpvra#ed by this reference herein) and tendering the application fee in the amount of $150.00 aze hereby ratified and approved; and .~ 1. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor and City Administrator are hereby authorized to remit a reservation deposit to Nebraska Investment Finance Authority in an amount of up to $115,440.00, as may be required by the Nebraska Investment Finance Authority, and further authorized to take other action reasonably necessary to proceed with the Application with the Nebraska Investment Finance Authority. COUNCILMEIVIBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS BOEKA, REALPH, SHOTWELL, FANOELE, MCMAMGAL, ABBQTT AND RYAN VOTING "AYE", AND GOUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND AIX3PTED THIS 13"~ DAY OF JUNE, 2044. CITY OF BLAIR, NEBRASKA MICHAEL S, MAYO ATTEST: ~ `y BRENDA R:, TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR hereby certifies tha# she is the duly appointed, qualifed and acting City Clerk of the City of Blair,lVebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting ofthe Mayor and City Council of said City held o e 13`" day of June, 2404. /~ ~" BRENDA R. TAYLOR, Y CLERK Date Received NIFA # . D 7- //-cjy c~v-3~- vsa AMENDED (June 2, 2000} NEBRASKA INVESTMENT FINANCE AUTHORITY ° Governor's Executive Order Unified Volume Cap Allocation Application 1. Amount of Allocation Request,$ 3.900.000 ($6,000,000 maximum) 2. Governmental Unit Requesting Allocation Contact:. Michael Miries. Mayor Name: City of Blair. Nebraska Address:218 South 16th Street. Blair. NE 68008-1674 <; i, ~~ Phone Home 40242&5588: Business 402-426-6224 3. P o Name of Project: City of Blair. Water System Revenue Refunding Bonds. Series 2000 Contact Rodney Starm. Administrator Address:218 South 16th Street. Blair. NE 68008-1674 ,,.. Phone:, 402-426-4191,;_ 5 E-f~aii Cfirof Blair(a~Huntel.net Project Address: 218 South 16th Street. Blair. NE 68008-1674 ,Project Description (attach additional sheets if necessary): Advance refunding and defeasance of $3.590.000 outstanding Series 1996 and Series 1899 Water System Revenue and Refunding Bonds (see attached) as reauired under Treas. Reg Section 1-141-12 Date Construction Began: Estimated August 1.2000 Project Category: Single Family Housing Student Loan Multi-Family Housing, Agriculture, Industrial or Manufacturing X Explanation of the expansion of the State's economic base by bringing new wealth into the State or to reduce ' .: the loss of wealth from the State: The Cargill Dow Polymers LLC will invest $350 million in Plate and ~~ Eguiament at CargilPs existing $500 million plant site and create an addiftonal 100 riermanent lobs. The followin must aocom a ., g ~ p ny application: (a •, Non-refundable application fee of $150 (b) Reservation Deposit $ 39.000 (Greater of $5,000 or 1 % of "Amount of Allocation Requested" in item 1. above, and refundable as set forth below) (c) ,Copy of Inducement Resolution from issuing authority (See attached Resolution Ng. 2000-26 adopted by the Mayor and Council of the City of Blair on June 27, 2000.) (d) Letter of approval (including a statement that all necessary ordinances and licensing requirements will be met) from governing authority where project will be located The following will be provided by Applicant to NIFA attar the allocation is granted: IRS Form 8038 ; aa, Actual amount of bonds issued _ Payment to NIFA (or offset of Reservation Deposit as described below) of expenses incurred approving allocation (i.e. conference call) This allocation will expire 120 tlays from the "Date Allocation Granted" below unless extended by NIFA. Requests for extension must include reasons for extension. The APPLICANT hereby acknowledges that in the event the above allocation expires unused, the Reservation Deposit (or if the allocation used is less than the amount stated in item 1., a proportionate amount of the Reservation Deposit) will be forfeited by the applicant. The Reservation Deposit is refundable only to the extent and in the proportion that the allocation is used within the relevant time frame and upon receipt by NIFA of IRS Form 8038 as filed with the IRS. (Unpaid expenses noted in item 5.(c) abovemay be offset by NIFA against the refundable portion of the Reservation Deposit.) ig~Applicant Date In acxardance with the Governor's Executive Order, it is hereby certified that the above allocation granted meets the requirements of §146 of the Internal Revenue Code of 1966 relating to the Nebraska State Ceiling for private activity bonds and that such allocation has not been made in consideration of any bribe, gift, :, gratuity; or direct or indirect contribution to any political campaign. ~...1 a ~v /~'.,~;~._o o y DateDate A~catio Granted /VnUPvr,~ P/ ~S o2O0d Signature of NIFA Auth rized O pate Allocation Expires- Revised 6)98 ced lad ~Ze.S~~u~~T~o COUNCII.MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Water Service Agreement between the City of Blair, Nebraska, and Cargill, Incarporated has been prepared and presented to the City Councd providing. for the terms and provisions of the sale of water from. the City of Blair to Cargill, Incorporated, a copy of which Agreement is attached hereto, marked Exhiibit "A" and by this reference made a part hereof; and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Waxer Service Agreement referred to hereinabove, upon execution and delivery of the same by Cargill, Inc., is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOFTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBER.S WAITS, SHOTWELL, REALPH, RYAN, ABBOTT, MCMANIGAL AND BOEKA VOTING "AYE", AND COUNCILMEMBERS NONE VOTING `STAY", TIIE MAYOR DECLARED THE FC?REGOING RESOLUTION PASSED AND ADOPTED THIS 22~ DAY OF JUNE, 2000. CITY OF BLAiR, NEBRASKA BY MI L A. MINES, MAYOR ATTEST: BRENDA R TAYLOR, CLERK (SEAL) ._ M ` s ~ a R STATE OF NEBRASKA ) ) :ss: WASHINGTON COiIN'fY ) BRENDA R. TAYLOR hereby certifies that she is the duly ap~inted, 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 22~ day of June, 2(TpO. 7~, BRENDA R. TAYLf }R, CIT CLERK SI: f'-- RESOLUTION NO.2000 - 23 GOUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blau intends to expand its Water Treatment Plant and desires to apply for $6,800,000.04 in assistance from the Drinking Water State Revohring Loan Program of the Nebraska Department of Environmental Quality, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Councd hereby approve upon execution and delivery of the Water Service Agreement with Cargill, Inc., a binding commitment with the Nebraska Department of Environmental duality (NDEQ} for a loan in the amount of $6,800,000.00 from the Drinking Water Revolving Loan Program BE IT FURTHER RESOLVED that the Mayor is authorized to execute and deliver to the NDEQ the Binding Commitment farm which is attached hereto and marked Exlu'bit "A". COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICfI SAID MOTION WAS SECONDED BY COUNCII.MEMBER MCMANIGAL. UPON ROLL CALL, COUNCILMEMBERS REALPH, WAITS, MCMANIGAL, SHOTWELL, ABBOTT, RYAN AND BOEI~A VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22'~ DAY OF JUNE, 2000. CITY OF BLAIR, NEBRASKA BY L A. MINE ,MAYOR ATTEST: BREhTDA R. TAYLOR, TY GLERK {SEAL) STATE OF NEBRASKA ) ) .ss: 'GVASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that sire 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 ofthe Mayor and City Councd of said. city held on the 22`"' day of June, 2000. B NDA R. TAYLOR, Y CLERK ~TA~E ~F E~ ~ I9F.P ®)F EPN67d6£®1V1dHETdTAL t~UAL1TY Suite 400, The Atrium 1200 `N' Street P.O. Box 98922 . Lincoln, Nebraska 68509-8922 June 28, ZOOO Phone {402) 471-2186 Mi7ce Jolaanns Governor ~..,dney Storm City of Blair .218 So. 16th Street Blair, NE 68008-1674 RE: Executed Binding Commitment Agreement between City of Blair and NDEQ Water Treatrnent Plant Expansion DWSRF Project No. D311007 Dear Mr. Storm Please find enclosed, your copy of the executed binding commitment between Blair and NDEQ on financing for your water. treatment plant expansion. This will set-aside or reserve the loan funds for your project until September 30, 2000 thereby allowing time for the necessary environmental statement processing, bid opening and award, and our SRF loan closing to be accomplished. In addition to the Finding of No Significant Impact (FNSIJ environmental statement needed on your project, we will be preparing a financial capability analysis on your community (attachment C for the DWSRF loan contract). Thank you for transmitting your water audits for the last three years. Also needed for our financial analysis are the payment schedules on your existing water revenue debt and the proposed refunding NIFA bonds, if available. Copies of the long-term. debt portion of your audit would be satisfactory. Both the FNSI and the financial analysis once completed, will be reviewed by the Director.. If approved, the FNSI will be signed by the Director and distributed fora 30 day public comment period. Upon expiration of the 30 day comment period and after resolution of any significant comment, the loan closing could scheduled. Please find enclosed, a draft copy of your DWSRF loan. In section 3.02(a), the DWSRF loan requires parity with your outstanding water revenue bonds. A bond ordinance will need to be passed providing for this status. Richard Pederson will assist you on this bond ordinance and complete the attorney's opinion necessary for the DWSRF loan closing (attachment E). Hopefully, the bond ordinance development can proceed concurrently with the FNSI processing, so the DWSRF loan closing could occur towazd the' end of August. Please review the contract, of particulaz note are the term (section 2.02) and project schedule (section 2.07). Please provide corrections if need be. The final loan amount can be determined after your bid opening and award. Enclosed is a checklist of the documents needed upon bid opening and tabulation. If you have any questions on the draft loan agreement, please contact me at (402) 471- 4989 or Noel DeKa1b, Department Attorney, at (402) 471-3195. sincerely, Thomas S. Fu g Environmental Engineer Water Quality Division cc: Subhash Jha, DHHSR&L An Equai Opportunity/Affirmatiue Action Employer Printed with aoy ink on recycled paper BIlVDING COIV~II~`NIENT OF FUNDS BETWEEN - - THE CITY OF BLAIR AND THE NEBRASKA DEPARTMENT OF ENVIlZONMENTAL QUALITY On June 16, 2000, the Nebraska Department of Enyiromnental Quality (the DepartmenC) received an application from the City of Blair (Blair) applying for $6~81~'70~0 in. assistance from the Drinking Waxer State Revolving Loan Program. This application is for a Waxer Treatment Plant expansion for Blair. This project has been included on the planning portion of the DWSRF FYZ000 Intended Use Play (TUP) and is eligible under the bypass. provisions. Blair qualifies for a low interest DWSRF loan at a 3.03% annual interest rate fora 15 year term plus a 1 % annual adminis~ative fee on the outstanding principal balance. Since it is not practical to finalize a loan agreement award at this time, the Departmem hereby makes a binding commitment to Blair to provide loan fiords not to exceed the amount mentioned above. These fiands will be reserved for Blair's project and will not be available for other prof ects during the time period. of this commitment. A three month time frame is anticipated to complete the contractual agreements necessary for this project to proceed. This binding commitment is effective until September 34, 2000. If the DWSRF loan documents are not closed by that date, this commitment will expire and. loan funds may be assigned to other projects. Blair hereby makes a binding commitment to enter into a DWSRF loan agreement, as approved by resolution of the Blair City Council. The loan closing will occur as soon as practical following the expiration of the 30 day public comment period associated with the Finding of No Significant Impact (FNSI) Statement issues. by the Department and after resolution of any significant comment received during the public comment period. In addition to the completion of the FNSI processing, the loan closing will not occur until the opening of bids and award of the contract for the above referenced. improvement. In witness. thereof; the parties hereto have caused this binding commitment to be executed as of the daze set forth below. CITY OF BLAIR BY i TITLE Michael A. Mines, Mayor DATE 6/26/2000 NEBRASKA DEPARTTilENT OF ONMEN'rAL QUALITY BY TITLE ~~'re.~-~~ DATE `~ ~. Z '~ Z~~-y TABLE OF CONTENTS TABLE OE CONTENTS .................»......................»............................................................................................»........1 ARTICLE I DEFINITIONS........» ........................................................................................................................................................5 ARTICLE II LOAN CONDITIONS AND TERMS ...........»» ..........................»»..............................................»................................7 SECTION 2.01.. A~~IOUNT OF THE LOAN..... .......................................................................................................................7 SECTION 2.02. TERiY1 OF THE LOAN :................................................................................................................................8 SECTION 2.03. INTEREST RATE ........................................................................................................................................8 SECTION 2.04. DISBURSEMENT OF LOAN .........................................................................................................................8 SECTION 2.05. LOAN PAY'bIENTS ......................................................................................................................................8 SECTION 2.06. ADMINISTRATIVE FEE ........................................................................... ..............................................9 SECTION 2.07. PROJECT SCHEDULE......... .......................................................................................................................9 SECTION2.08. DISADVANTAGED BUSINESS EN'TERPRISES ..............................................................................................9 SECTION 2.09. PUBLIC WATER SUPPLY SYSTEM ORDINANCES/USER CHARGE SYSTEMS ..........................................10 SECTION 2.10. OTHER CONDITIONS AND TERMS ..........................................................................................................10 ARTICLE III REPRESENTATIONS AND COVENANTS OF BORROWER...........» .............................»....................................11 SECTION 3.01. REPRESENTATIONS OF THE BORROWER ..............................................................................................11 SECTION 3.02. PARTICULAR COVENANTS OF THE BORROWER :...................................................................................13 ARTICLE rv ASSIGNMENT .................................»...................................»..........».............»..........................»................................17 SECTION 4.01. ASSIGNMENT AAiD TRANSFER BY NDEQ... ..........................................................................................17 SECTION 4.02. ASSIGNMENT BY THE BORROWER ........................................................................................................17 ARTICLE V EVENTS OF DEFAULT AND REMEDIES » ..........................»...........»........»»».......»..............»...».»»:.:»...............17 SECTION 5.01. NOTICE OF DEFAULT ...........................................................................................................................17 SECTION 5.02. REMEDIES ON DEFAULT .......................................................................................................................17 SECTION 5.03. EXPENSES .................................................................................................... .......................... ......18 SECTION 5.04. APPLICATION OF MONEYS .....................................................................................................................18 SECTION 5.05. NO REMEDY EXCLUSIVE; WAIVER; NOTICE ........................................................................................18 SECTION 5.06. RETENTION OF RIGHTS ..........................................................................................................................18 ARTICLE VI MISCELLANEOUS ....................»........».......»..........................».....»................»».......................».....».....................»19 SECTION 6.01. HOLD HARMLESS AGREEMENT .............................................................................................................19 SECTION 6.02.. WAIVERS ................................................................................................................................................19 SECTION 6.03. AMENDMENTS, SUPPLENIEiEirTSAHD MODIFICATIONS ...........................................................................19 SECTION 6.84. NOTICES .................................................................................................................................................19 SECTION 6.05. SEVERABILTTY ........................................................................................................................................20 SECTION b.06. BINDING EFFECT ....................................................................................................................................20 2 SECTION 6.07. EXECUTION IN COUNTERPARTS.... .........................................................................................................20 SECTION 6.08. GOVERNING LAW AND REGULATIONS ...................................................... ........20 .................................... SECTION 6.09. CONSENTS AND APPROVALS ..................................................................................................................20 SECTION 6.10. FURTHER ASSURANCES ..........................................................................................................................20 SECTION 6.11. NOTICE TO TRUSTEE. .............................................................................................................................20 EXHIBI'T' 1-PROJECT DESCRIPTION.....».....» .........................».....».......»...»................................»..»................22 ATTACHMENT A -LOAN REPAYMENT SCHEDULE ..................»...............».».................................................23 ATTACHMENT B -PROJECT COSTS & PROJECTED OUTLAY SCHEDULE.»....» .......................................24 ATTACHMENT C -FINANCIAL ANALYSIS........».».........»...........»............».:.».».» ...........................»..»»..»......25 ATTACHMENT D - FIST OF FEDERAL LAWS AND AUTHORITIES....»..»...» ...........................»...».............»26 ATTACHMENT E -FORM OF BORROWER'S COUNSEL OPINION ........».»....» ...................»...........».....»....Z7 ATTACHMENT F -PROMISSORY NOTE »».».......»»..»» ...................................».....»»........».....»........»..............29 ATTACHMENT G -CERTIFICATE ........»».»..»....»....»........»..»..........»..........»».......» ..............».....»...................31 ATTACHMENT H -ADDITIONAL COVENANTS AND REQUIREMENTS .......................................................33 3 NEBRASKA DRINKING WATER FACILITIES LOAN FUND LOAN AGREEMENT THIS LOAN AGREEMENT (the. "Loan Agreement"), dated as of August 2000 is entered into by and between the STATE OF NEBRASKA, acting by and through the Nebraska Department of Environmental Quality ("NDEQ") and the CITY OF BLA1R, NEBRASKA (the "Borrower"). WITNESSETH: WHEREAS, the federal Safe Drinking Water Act, including the Safe Drinking Water Amendments Act of 1996, as amended-(the-"Federal Act') established a state revolving fund program and, to fund the state revolving fund program, the United States Environmental Protection Agency.("EPA") will make annual capitalization grants to the states, on the condition that each state provide an appropriate match for such state's revolving fund; and WHEREAS, Neb. Rev. Stat. § 71-5318 empowers the Director of NDEQ to loan available funds in the Loan Fund (as defined herein) to borrowers pursuant to the Drinking Water State Revolving Fund Act, Neb. Rev. Stat. §§ 71-5314 to 71-5327, as amended (the "Act"), and rules and regulations adopted. under such Act; and WHEREAS, under the Act, the Director of NDEQ is given the responsibility for administration and management of the Loan Fund; and WHEREAS, the Nebraska Investment Finance Authority ("NIFA") is authorized under Neb. Rev: Stat. § 58-201 et seq. and the Act to issue revenue bonds for the purpose of providing funds far NDEQ to loan to Borrowers within the State of Nebraska for the acquisition, construction, improvement, repair, rehabilitation or extension of safe drinking water projects (as defined in the Act), in order to provide the state match requirements of the Federal Act; and . WHEREAS, pursuant to such authorization, NIFA proposes to issue from time to time its Drinking Water State Revolving Loan Fund revenue bonds for the purpose of providing funds to NDEQ to loan to persons owning or operating public water supply systems in Nebraska to pay those eligible portions of the costs of acquiring, constructing, improving, repairing, rehabilitating or extending safe drinking water projects (as defined in the Act), in order to provide the state match requirements of the Federal Act; and WHEREAS, NDEQ intends to enter into a pledge agreement with NIFA (the "Pledge Agreement'), pursuant to which NDEQ will pledge the interest portion of Loan Repayments (as defined herein) and certain other revenues to NIFA for the payment of the principal of, redemption premium, if any, and interest on Drinking Water State Revolving Fund Revenue Bonds which may be issued by NIFA from time to time; and WHEREAS, the Borrower is an "owner" as defined in Neb. Rev. Stat. § 71-5316(7); and WHEREAS, -the project to be financed under this Loan Agreement and described in Exhibit 1 (the "Project') is a safe drinking water project as defined in Neb. Rev. Stat. § 71-5316(9); and WHEREAS, the Project Cost (as hereinafter defined) is based upon estima#es of the Borrower and at times during or at completion of construction the loan amount may be adjusted by NDEQ pursuant to Section 2.01 of this Loan Agreement; and WHEREAS, the Project is included in the most recent Drinking Water State Revolving Fund Intended Use Plan developed by NDEQ and approved by the Nebraska Environmental Quality Council and EPA; and WHEREAS, NDEQ has approved the Borrower's application for a loan from federal funds and state match funds if and when received by and made available to NDEQ pursuant to the Federal Act and the Act to finance Project Costs; 4 NOW, THEREFORE, for and inconsideration of the award of this Loan Agreement by NDEQ, the Borrower agrees to complete its Project and to perform under this Loan Agreement in accordance with the conditions, covenants and procedures set forth below: Article I DEFINITIONS The following terms as used in this Loan Agreement shall, unless the context clearly requires otherwise, have the following meanings: "Act" means the Drinking Water State Revolving Fund Act, Neb. Rev. Stat. §§ 71-5314 to 71-5327, as amended. "Additional Revenue Obligations" means any obligation for the payment of money undertaken by the Borrower which is payable from or secured by a pledge of, or lien upon, the System Revenues incurred after the date of execution .and delivery of this Loan Agreement, and all Existing Revenue Obligations. "Authorized Representative° means the person or persons authorized pursuant to a resolution or ordinance of the governing body of the Borrowerto perform any actor execute any document relating to this Loan Agreement. "Borrower means City of Blair, Nebraska that is a party to and is described in the first paragraph of this Loan Agreement, and its sucxessors and assigns. "Cuf-off Date" means the date established by NDEQ at the Projects final inspection prior to which the Borrower will make the final disbursement request for eligible Project Costs. "Due Date" means the dates specified for payment of principal and interest on the Loan as specified in Section 2.05. "Event of Default" means any occurrence of the following, events: (a) Failure by the Borrower to pay, or cause to be paid, any Loan Repayment required to be paid hereunder when due. (b) Failure by the Borrower to observe and perform any duty, covenant, obligation or agreement on itapart to be observed or pertormed under this Loan Agreement, other than as referred to in paragraph (a) of this definition, which failure shall continue for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, is given to the Borrower by NDEQ, unless NDEQ shall agree in writing to an extension of such time prior to its expiration. ff the failure stated in such notice is correctable but cannot be corrected within the applicable period, NDEQ may not unreasonably withhold its consent to an extension of such time up to 90 days from the delivery of the written notice- referred to above, if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Event of Default is corrected. (c) Failure by NDEQ to observe and perform any duty, covenant, obligation or agreement on its part to be observed or pertormed under this Loan Agreement which shall continue far a period of 30 days after written notice, specifying such failure and requesting. that it be remedied, is given to NDEQ by the Borrower, unless the Borrower shall agree in writing to an extension of such time prior to its expiration. If the failure stated in such notice is correctable but cannot be corrected within the applicable period, the Borrower may not unreasonably withhold its consent to an extension of such time up to 90 days from the delivery of the written notice referred to above if corrective action is instituted by NDEQ within the applicable period and diligently pursued until the Event of Default is corrected. 5 (d) The discovery that any representation made by or on behalf of the Bon'ower in this Loan Agreement, or in any instrument famished in compliance with or with reference to this Loan Agreement or the Loan, is false or misleading in any material respect. (e) .The discovery that any representation made by or on behalf of NDEQ in this Loan Agreement, or in any instrument famished in compliance with or with reference to this Loan Agreement, is false or misleading in any material respect {f) The filing of a petition by or against the Borrower under any federal or state bankruptcy or insolvency taw or other similar law in effect on the date of this Loan Agreement or thereafter enacted, unless, in the case of any such petition filed against the Borrower, such petition is dismissed within 30 days after such filing and such dismissal shall be final and not subject to appeal. (g) Failure of the Borrower generally to pay its debts as such debts become due. (h) Any event of default under any Existing Revenue Obligation or Additional Revenue Obligation of the Borrower. "Existing Revenue Obligation" means any obligation for a payment of money undertaken by the Borrower which is payable from or secured by a pledge of, or lien upon, the System Revenues existing or outstanding at the time of execution and delivery of this Loan Agreement by the Borrower. "GAAP" means generally accepted accounting principles as applicable to the Public Water Supply System. "Indebtedness" means any financial obligation of the Borrower evidenced by an instrument executed by the Borrower, including this Loan, Existing Revenue Obligations, Additional Revenue Obligatians, general obligation bonds or notes, leases or tease-purchase agreements or similar financial transactions. "Initiation of Operation" means the date on which the Borrower places the Project in operation or the Project is capable of being placed in operation for the purposes for which it was planned, designed and built "Late Payment' means any payment that is not received within 15 days of the due date. "Loan" means the loan made by NDEQ to the Borrower to finance or refinance all or a portion of the Project Costs pursuant to this Loan Agreement. "Loan Agreement" means this Loan Agreement, including the Attachments hereto, as it may be properly supplemented, modified or amended. "Loan Amount' means the actual amount (not to exceed the amount specified in Section 2.01 hereof) of the Loan which NDEQ disburses to the Borrower pursuant to this Loan Agreement. "Loan Fund" means [the Drinking Water Facilities Loan Fund created pursuant to Neb. Rev. Stat. § 71-5318(1). "Loan Repayments" means the payments of the Loan required to be made by the Borrower pursuant to Section 2.05 of this Loan Agreement "Loan Teens" means the terms of this Loan Agreement provided in Article II of this Loan Agreement "NQEQ" means-the Nebraska Department of Environmental-Duality established pursuantto Neb. Rev: Stat § 81-1501 et seq., as amended. 6 "N/FA" means the Nebraska Investment Finance Authority, a public body politic and corporate and an instrumentality of the State, and its successors and assigns established pursuant to Neb. Rev. Stat. § 58-201 et seq., as amended. "Note" means a~promissory note of the Borrower with respect to the Loan in the form of Attachment F to this Loan Agreement "Projecf means the acquisition, construction, improvement, repair, rehabilitation or extension of the Public Water Supply System, including land, owned or operated by the Borrower and described in Exhibit 1 to this Loan Agreement, which constitutes a safe drinking water project for which NDEQ is making a Loan to the Borrower pursuant to this Loan Agreement "Project Costs" means costs or expenses necessary or incident to the Project which are directly attributable thereto and which in the determination of NDEQ are eligible under the Act and the Federal Act Project Costs are described in Attachment B. • "Public Water Supply System" means a public water supply system, as defined in Neb. Rev. Stat § 71-5301(9). "RegulafionsA means Title 131, Nebraska Department of Environmental Quality, and any amendments thereto promulgated by NDEQ pursuant to the Act "Retainage° means construction costs held back by the Borrower from the payments due to the contractor to assure satisfactory completion of the construction contract "Revenue Obligation{s)" means (a) the Loan; (b) any revenue bands of the Borrower outstanding frgm time to time and payable from, or secured- by a pledge of or lien upon, System Revenues; and (c) any capital leases entered into by the Borrower the rentals of which are payable from, or secured by a pledge of or lien upon, System Revenues. "SEC Rule" means Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as such rule may be amended from time to time. or such other similar rule regarding disclosure of information in securities transactions. "Staten means the State of Nebraska acting, unless othennrise specifically indicated, by and through NDEQ and its successors and assigns. "System Revenues" means the revenues derived by the Borrower from the fees _and charges for the use and services furnished by or through the Borrower's Public Water Supply System.. "trustee" means the trustee under any trust indenture with respect to the revenue bonds the proceeds of which are deposited in the Loan Fund. "User Charge System" means the methodology used to assess user charge fee(s) for the users of the Public Water Supply System owned or operated by the Borrower. Article 11 LOAN CONDITIONS AND TERMS Section 2.01. Amount of the Loan. Subject to all of the terms, provisions and conditions of this Loan Agreement, and subject to the availability of State and federal funds, NDEQ will loan an amount not to exceed six million, eight hundred fifteen thousand, seven hundred dollars 06,815,700) to the Borrower to pay a portion of the Project Costs. The actual amount of the. Loan may be reduced without revision of any other terms, provisions or conditions of this Loan Agreement, other than adjustment by NDEQ to the Loan 7 Repayment Schedule set forth in Attachment A hereto, to reflect the Loan Amount, based upon reductions in the actual total Project Costs as de#ermined following the completion of construction of the Project. The Borrower must make provision for the payment of all costs exceeding the Loan Amount, provided that the Borrower may request that NDEQ provide supplemental loan funds through a separate loan agreement, the approval of which shall be dependent on availability of unobligated funds in the Loan Fund and NDEQ's subsequent written approval of such request in its sole discretion upon such additional terms, conditions and covenants as NDEQ may then require. Section 2.02. Term of the Loan. The Borrower agrees to begin repayment of principal and interest on the Loan Amount within one year from the date of Initiation of Operation, but no later than three years from the date of the Loan, and to repay such Loan in full no later than 15 years from Initiation of Operation and to pay all principal, interest, administrative fees and penalty fees when due. Section 2.03.. Interest Rate. The interest rate on the Loan Amount is determined by NDEQ pursuant to Regulations and the Intended Use Plan. The interest rate on this loan amount disbursed to the Borrower pursuant to this Loan Agreement during the period of construction shall be 3.0% and after the date of Initiation of Operation shall be 3.03% per annum (calculated on the basis of a year equalling 360 days made up of 12 months of 30 days each. For the purposes of this paragraph "construction" shall mean the period between the date of this Loan Agreement and the date of Initiation of Operation. Section 2.04.. Disbursement of Loan, Upon receipt of a disbursement request for work completed accompanied by any certification from the Borrower required by NDEQ, NDEQ shall make progress disbursements that correspond to such request of the Loan Amount to be used by the Borrower for Project Casts. The Borrower may obtain a copy of the disbursement record upon request to NDEQ. Each disbursement shall be upon warrant by the State and shall be equal to that portion of the unobligated .principal of the Loan Amount incurred for Project Costs to the date of the request for disbursement from the Borrower. Submitted requests for disbursement must be supported by proper invoices for Project Costs,. a certificate of the Authorized Representative to the effect that all representations made in this Loan Agreement remain true as of the date of the request and that no adverse developments affecting the financial condition of the Borrower or its ability to complete the Project or to repay the Loan have occurred since the date of this Loan Agreement, and other documentation acceptable to and approved by NDEQ. Disbursement requests should be submitted before the first or the fifteenth of each month to facilitate timely processing. All disbursement. requests must be made prior to the Cut-off Date established at the Project's. final inspection by NDEQ. The Borrower may request disbursement of the Loan Amount for eligible Project Costs, when such Project Casts have been incurred and are due and payable to project contractors. However, actual payment of such Project Costs by the Borrower is not required as a condition of a payment request. Disbursement requests will be processed on or about the fifth and twentieth day of each month. Any Retainage withheld by the Borrower corresponding to the progress payment made to any contractor will be withheld by NDEQ until such Retainage is either reduced or released to the contractor by the Borrower. The Borrower shall submit a draft of the operation and maintenance manual for the Project to NDEQ before disbursements exceed 75% of the Project Costs. The Borrower shall submit a final operation and maintenance manual to NDEQ and receive approval before disbursements exceed 95°!° of the Project Costs. Section 2.05. Loan Payments. (a) Principal and fiterest Payments. The Borrower shall pay to NDEQ, or at the direction of NDEQ, to NIFA or the Trustee, on or before the due dates specified below, but shall be obligated to pay only from the sources specfied in Section 3.02 hereof, appropriate installments of principal and interest-until all principal and interest due an the Loan to NDEQ has been paid in full Installments of principal and interest (total debt service) shall be paid semiannually on December 15 and June 15 of each year in accordance with the Loan Repayment Schedule in Attachment A. 8 NDEQ will send the Borrower an invoice for each required payment at least 30 days prior to the due date. When a Loan disbursement occurs after invoices are mailed, NDEQ will include adjustments for interest and fee charges on the next semiannual invoice. (b} Options! Prepayment of the Loan. The Borrower may prepay the Loan, together with any accrued interest in whole or in part, at any time without penalty. The Borrower may make a partial prepayment of the Loan Amount only if the prepayment amount is greater than 10% of the outstanding Loan Amount. NDEQ shall prepare a new Loan Repayment Schedule to revise Attachment A following receipt of any partial prepayment of the Loan. (c) Mandatory Prepayment of Loan. If the Borrower receives a grant from any source for any portion of the Project Costs for which a portion of the Loan Amount has been disbursed and is outstanding under this Loan Agreement, such portion of the Loan Amount shall become immediately due and payable. (d) Delinquent Payment Penalty and Penalty lnteresL Payments shall be considered delinquent if not received within 15 days of the due date and for any such delinquent payment, the Borrower agrees to pay a 5% administrative penalty. to addition, the Borrower agrees to pay penalty interest on any such delinquent payment at the rate of 1 % per month of the amount of such delinquent payment from and after the due date until it is paid. Section 2.06. Administrative Fee. The Borrower shall pay to NDEQ, or at the direction of NDEQ, to NIFA or the Trustee, an annual administrative fee of 1% per annum of the Loan Amount to be paid in semiannual installments of 0.5% of the Loan Amount outstanding on the date invoices are mailed in accordance with the Loan Repayment Schedule in Attachment A. Section 2.07. Project Schedule. The Bonower agrees to perform steps of the Project in accordance with the following schedule of milestone dates: (a) August 2000, Loan date (b) August 2000, Construction start (c} August 2001, Initiation of Operation (d) August 2001, Substantial completion of construction Section-2.08. Qisadvantaged Business Enterprises. The Bon-ower agrees that 10% of the Loan Amount shall be the objective for proposed Disadvantaged Business Enterprises {Small Business Enterprise/Minority Business Enterprise/Women's Business Enterprise/Small Business Rural Area), Including Historically Black Colleges and. Universities ("DBE/HBCU"} subagreement work under this Loan Agreement The Borrower shall take affirmative steps to assure that small, minority and women's businesses pursuant to 40 C.F.R. 31.36(e) and small businesses in rural areas pursuant to 13 C.F.R. 121.2 are used when possible as sources of supplies, construction and services.. Affirmative steps shall include the following: (a) Placing disadvantaged business enterprises, including minority, women's, small businesses and small businesses in a rural area and historically black colleges and universities on 5011Citation IlstS; (b) Assuring that disadvantaged business enterprises and historically black colleges and universities are solicited whenever they are potential sources; {c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by disadvantaged business enterprises; 9 (d} Establishing delivery schedules, where the requirement permits, which encourage participation by disadvantaged business enterprises; (e) Using the services and assistance of the Small Business Administration and Minority Business Development Rgency of the United. States Department of Commerce; and (f) Requiring the prime contractor to take the affirmative steps listed above. In addition, the Borrower agrees to submit to NDEQ a completed SF 334 form within 15 days after the end of each federal fiscal quarter during which the Borrower or its contractors award any subagreements to a disadvantaged business enterprise for building and building-related services and supplies. Section 2.09. Public Water Supply System Ordinances/User Charge Systems The Borrower agrees to adopt and implement such changes to its Public Water Supply System Ordinance/User Charge System as determined by NDEQ from time to time to be necessary to comply with the Regulations. The Bon-ower agrees that it shall not modify or amend or make additions to or deletions from its Public Water Supply System Ordinance/User Charge System without the consent of NDEQ during the term. of this Loan Agreement. Section 2.10. Other Conditions and Terms. (a) Engineering Services. The Borrower shall provide and. maintain competent and adequate engineering supervision and resident inspection during construction. (b) Construction ContractAward. The Borrower shall obtain NDEQ concurrence and authorization prior to award of the construction contract. (c) Mitiation of Operation. The Borrower shall provide written notification to NDEQ of the date of initiation of Operation of the Project On failure of the Borrower to set an acceptable Initiation of Operation date NDEQ will look at the construction record and set the Initiation of Operation date. (d) Construction Completion. The Borrower shall provide written notification to NDEQ of the- construction completion date of the Project. (e} Capacity Development. The Borrower agrees to maintain a system of records for annual review and reporting of technical, managerial, and financial capacity of the public water supply system to demonstrate continued compliance with the requirements of the Nebraska Safe Drinking Water Act as provided under Title 179 NAC2 and the requirements of an operating permit, as issued by the Nebraska Department of Health and Human Services Regulation and Licensure effective October 1, 1999. for new community water supply systems, and October 1, 2000 for existing community water supply systems. (f) Contractor's Security. The .Borrower agrees to require any contractor of the Project to post separate performance and payment bonds or other security approved by NDEQ in the amount of the bid. (g) Certified Operator. The Borrower agrees to provide a certified operator pursuant to Title 179 NAC2 Regulations Governing Public Water Supply Systems. (h) Site Title and Easements. The Borrower must certify that site title, including all easements and rights-of--way necessary to allow construction of the Project, has been obtained prior to award of the construction contract (i.e., all real property has been acquired, bona fide options have been taken or formal condemnation proceedings have been initiated for-necessary real .property). 10 (i) Contractor's Payments. The Borrower agrees to make prompt payment to its contractor(s) of sums due for construction and to retain only such amounts as may be justified by specific circumstances and provisions of the construction contract. (j) Bid Solicitation. The Borrower agrees that all bid solicitations will include the following statement: ' The prospective participants must certify by submittal of EPA Form 5700-49 "Certification Regarding Debarment, Suspension and Other Responsibility Matters" that, to the best of its knowledge and belief, it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. (k} Debarment or Suspension. The Borrower acknowledges that doing business with any party appearing in the "List of Parties Excluded from Federal Procurement or Non Procurement Programs" may result in disallowance of federal funds under this Loan Agreement and may also result in suspension or debarment under 40 C.F.R. Part 32. (I) Other Federal Requirements. The Borrower agrees to comply with other applicable Federal Requirements in Attachment D hereto. (m) Projecf Sign. The Borrower agrees to display the project sign provided by NDEQ. The sign will remain the property of NDEQ and will be retrieved soon after project completion. The Borrower will. remove the sign for NDEQ when requested. Article 111 REPRESENTATIONS AND COVENANTS OF BORROWER Section 5.01. Representations of the Borrower. The Borrower represents as follows: (a) Organization and Authority. (i) The Borrower is a city, town, village, district, association or other public body created by or pursuant to the constitution and. statutes of the State of Nebraska. (ii) The Borrower has full legal right and authority and all necessary licenses and permits required as of the date hereof to own, operate and maintain its Public Water Supply System, to carry on its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by the Loan. (iii) The proceedings of the Borrower's goveming body conducted to approve this Loan Agreement and approve its execution, issuance and delivery on behalf of the Borrower, and authorizing the Borrower to undertake and complete the Project, have been duly and lawfully convened and conducted and the resolution of the Borrower's goveming body approving such matters has been duly and lawfully adopted. (iv) This Loan Agreement has been duly authorized, executed and delivered on behalf of the Borrower and constitutes the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms, except to the extent that enforceability may be limited by laws related to bankruptcy, .insolvency or other similar laws affecting creditors' rights generally and general principles of equity (b) Full D/sclosure. To the best knowledge of the Borrower, after due investigation, there is no fact that the Borrower has not disclosed to NDEQ in writing on the Borrower's application for the Loan or otherwise anything that materially adversely affects or that will materially adversely affect the properties, 11 activities of its Public Water Supply System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreement under this Loan Agreement. (c) Non-Litigation. There is no controversy, suit or other proceeding of any kind pending or threatened questioning, disputing or affecting in any way (i) the legal organization of the Borrower or its boundaries, (ii) the right or title of any of its officers to their respective offices, (iii) the legality of any official act taken in connection with obtaining the Loan, (iv) the constitutionality or validity of the indebtedness represented by this Loan Agreement, (v) any of the proceedings had in relation to the authorization or execution or the pledging of the revenues of the Borrower's Public Water Supply System under. this Loan Agreement, or (vi) the ability of the Borrower to make all Loan Repayments or otherwise observe and pertorm its duties, covenants, obligations and agreements under this Loan Agreement. (d) Compliance With Existing Laws and Agreements. The authorization, execution and delivery of this Loan Agreement by the Borrower, and the pertormance by the Borrower of its duties, covenants, obligations and agreements thereunder, will not violate any law to which the Borrower is subject or breach any agreement to which the Borrower is a party. (e) No Defaults. No event has occurred and no condition exists that would constitute an Event of Default. The Borrower is not in violation of any agreement which would materially adversely affect the abilit}/ of the Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. {f) Governmental Consent The Borrower has obtained all permits and approvals required to date under this Loan Agreement or for the undertaking or completion of the Project and the financing or refinancing thereof. The Borrower has complied with all applicable provisions of law requiring any notification, with any governmental body or officer in connection with this Loan Agreement or with the undertaking or completion of the Project and the financing or refinancing thereof. (g) Compliance bNith Law. The Borrower. (i} is in compliance with all taws, ordinances, governmental rules and regulations. to which it is subject, inGuding, without limitation, any public hearing or public notice requirements or environmental review requirements contained in the Regulations, with which the failure to comply would materially adversely affect the ability of the Borrower to conduct its activities, enter into this Loan Agreement or undertake or complete the Project; and (ii) has obtained aU licenses, permits, franchises or other governmental authorizations presently necessary for the ownership of its property which, if not obtained, would materially adversely affect the ability of the Borrower to complete the Project. (h) Use of Loan Proceeds. The Borrower will apply the proceeds of the Loan as described in Article II: (i} to finance or refinance a portion of the Project Costs and (ii) where applicable, to reimburse the Borrower for a portion of the Project Costs, which portion was paid or incurred in anticipation of reimbursement by NDEQ and is eligible far such reimbursement pursuant to the Regulations. All of such costs constitute Project Costs for which NDEQ is authorized to make Loans to the Borrower pursuant to the Act and the Regulations. (I) Project Costs. The Borrower certifies that the Project Costs, as listed in Attachment B, are reasonable and accurate estimations and, upon direction of NDEQ, will supply the same with a certificate from its engineer stating that such costs are reasonable and accurate estimations, taking into account investment income, if any, to be realized during the course of construction of the Project and other money that would, absent the Loan have been used to pay the Project Costs. Section 3.02. Particular Covenants of the Borrower. 12 (a) Dedicated Source of Revenue for Repayment of the Loan. The Borrower hereby pledges the System Revenues as the dedicated source of revenue for the repayment of the Loan. The Borrower shall fix, establish, maintain and collect such rates, fees and charges for the use and services furnished by or through the Borrower's Public Water Supply System, including all improvements and additions hereafter constructed or acquired by the Borrower, as will provide revenues sufficient to (i) pay the cost of the operation and maintenance, and replacement of the Public Water Supply System, (ii) pay at least 110% of the principal of and interest on the Loan as and when the same become due, and (iii) pay all other amounts due at any time under this Loan Agreement; provided, however, the lien of NDEQ on the revenues of the Borrower's Public Water Supply System shall be on a parity with the lien on such revenues of the Borrower's outstanding Public Water Supply System revenue bonds if such bonds exist and any additional Public Water Supply System revenue bonds hereafter issued on parity with such outstanding revenue bonds. These revenues shall be set aside as collected and deposited in a separate fund. Such fund shall be divided into at least two separate accounts, one for the operation and maintenance costs and the other fior principal and interest payments on the Loan. The Borrower shall deposit monthly, in the Loan payment account, an amount equal to at least one-sixth of the anticipated amount due on the next Loan payment date. The Borrower agrees to develop the User Charge System based on actual or estimated use of public water supply services, providing that each user or user class pay its proportionate share of operation and maintenance (including replacement) costs within the Borrower's service area, based on the user's classfication and proportionate water usage demand compared. to total system water usage demand and to conduct at least a biennial review of user charge rates to review the adequacy of the user charge rates. The Borrower agrees the initial financial analysis performed by NDEQ in Attachment C is a reasonable estimate of the Project Costs, of the financial situation of the Borrower in relation to the Project, and of the user charges necessary at the time of Initiation of Operation of the Project. NDEQ may review this information annually to insure the Borrower's compliance with-this condition and update Attachment C to reflect any changes. (b) Performance Under Loan Agreement The Borrower covenants and agrees: (i) to comply with all applicable State and federal laws, rules and regulations in the performance of this Loan Agreement (including, but not limited to the federal crosscutting issues listed in Appendix A of the EPA's final Drinking Water State Revolving Fund Program Guidelines and set forth on Attachment D hereto and NDEQ Regulations); and (ii) to cooperate with NDEQ in the observance and performance of the respective duties, covenants, obligations and agreements of the Borrower and NDEQ under this Loan Agreement. and agrees: (c) Completion of Project and Provision of Moneys Therefor. The Borrower covenants (i) to exercise its best efforts in accordance with prudent public water supply utility practice to complete the Project and to so accomplish such completion on or before the estimated Project. completion date set forth in Article It hereto; and (ii) to provide from its own financial resources all- moneys, in excess of the total amount of proceeds it receives pursuant to this Loan Agreement, required to complete the Project. (d) Delivery of Documents. Concurrently with the delivery of this Loan Agreement (as previously authorized and executed) at the Loan Closing, the Borrower will cause to be delivered to NDEQ each of the following items: (i) counterparts. of this Loan Agreement (as previously executed by parties hereto); (ii) copies of the ordinances and/or resolutions of the governing body of the Borrower authorizing the execution and delivery of this Loan Agreement certified by an Authorized Representative; 13 (iii) an Opinion of Borrower's Counsel substantially in the form of Attachment E hereto; (iv) an executed Note (or other evidence of indebtedness) evidencing the Borrower's obligations under this Loan Agreement in the form of Attachment F; (v) an executed certificate of the Borrower in the form of Attachment G hereto; and (vi) such other certificates, documents, opinions and information as NDEQ may require. (e) Operation and Maintenance of Public Water Supp/y System. The Borrower covenants and agrees that it shall, in accordance with Section 8 of Title 179 NAC 2-Regulations Governing Public Water Supply Systems: (i) at all times operate the properties of its Public Water Supply System in an efficient manner, and (ii) maintain its Public Water Supply System, making all necessary and proper repairs, renewals, replacements, additions, betterments and improvements necessary to maintain its system in good repair, working order and operating condition. (f) Disposition of Public Water Supply System. The Borrower covenants that it intends to own and operate the Project at all times during the term of the Loan. The Borrowerdoes not know of any reason why the Project will riot be so used in the absence of (i) supervening circumstances not anticipated by the Borrower at the time of the Loan, (ii) adverse circumstances beyond the control of the Borrower or (iii) obsolescence of such insubstantial parts or portions of the Project as may occur as a result of normal use thereof. The Borrower shall not sell, lease, abandon or otherwise dispose of all or substantially atl of its Public Water Supply System except on 90 days' prior written notice to NDEQ and, in any event, shall not so sell, lease, abandon. or otherwise dispose of the same unless the Borrower shall in accordance with Section 4.02 hereof assign this Loan Agreement and its rights and interests hereunder to the purchaser or lessee of the Public Water Supply System and such purchaser or lessee shall assume all duties, covenants, obligations and agreements of the Borrower under this Loan Agreement. In no event shall the Borrower sell, lease, abandon or otherwise dispose of the Public Water Supply System to any person or entity other than a municipal corporation or other political subdivision of the State of Nebraska, or any combination thereof, that has legal authority to own or operate the Public Water Supply System. Before any proposed disposition of the Public Water Supply System can be made, the Borrower shall provide NDEQ, and NIFA if NIFA is an assignee of the Note, with an opinion of a nationally recognized bond counsel that such proposed disposition is permitted by the provisions of this subparagraph, and, further, that such disposition shall not endanger the exclusion from gross income for federal income tax purposes of the interest on any bonds issued. to fund deposits. into the Loan Fund, nor shall it relieve the Borrower of its duties, covenants, obligations and agreements. under this Loan Agreement. (g) Records and Accounts. {i) The Borrower shall keep accurate records and accounts for its Public Water Supply System (the "System Records"), separate and distinct from its other records and accounts (the "General Accounts"). Such System Records shall be audited annually by an independent registered municipal accountant, which may be part of the single agency audit made on the Borrower's General Accounts in accordance with the Federal Single Audit Act Amendments of 1996, OMB Circular No. A-133, Audits of State and Local Governments, if total federal funds exceed a total of $300,000 for the Borrower's 14 fiscal year. Such System Records and General Accounts shall be made available for inspection by NDEQ at any reasonable time, and a copy of the Borrower's annual audit, including all written comments and recommendations of such accountant, shall be furnished to NDEQ within 210 days of the close of the fiscal year being so audited. (ii) The Borrower shall maintain Project accounts in accordance with generally accepted government accounting standards defined in the Govemment Accounting, Auditing, and Financial Reporting Manual (1994 Ed.), or any revised edition, issued by the Govemment Finance Officers Association. (h) Inspections; Information. Upon the assignment of. the Note to NIFA and thereafter, the Borrower shall permit the EPA, NDEQ and any party designated by NDEQ to examine, visit and inspect, at any and all reasonable times, the property, if any,. constituting the Project, and to inspect and make copies of any accounts, books and records, including (without limitation) its records regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the EPA and NDEQ may reasonably require in connection therewith. (i) Financial Information. The Borrower specfically agrees to provide to NDEQ a reasonable number of copies of such financial information and operating data of the Borrower and the Public Water Supply System and the prompt notfication of the occurrence of certain. material events, to the extent necessary for NDEQ to comply with its continuing disclosure obligations set forth in the SEC Rule. Such financial information shall be audited in accordance with the provisions of subsection (g)(ii) hereof. Such financial information shall be prepared in accordance with GAAP. Such financial information and operating data, if requested, shall be supplied within 210 days after the end of its fiscal year. If audited financial information will be prepared, but is not available within 210 days of the end of the appropriate BorrowePs fiscal year, unaudited financial information shall be provided to NDEQ pending receipt of audited financial information. For purposes of this paragraph, "material event' shall mean {a) principal and interest payment delinquencies on any Lndebtedness, (b) non-payment related defaults in agreements authorizing any indebtedness, (c) rating changes on any Indebtedness, (d) adverse tax opinions or events affecting the tax-exempt status of any Indebtedness, or (e) unscheduled draws on debt service reserves or credit enhancements on any Indebtedness reflecting financial difficulties. (j) Insurance. The Borrower will carry and maintain such reasonable amount of all risk insurance on all properties and all operations of the Public Water Supply System as would be carved by similar sized municipal operators of Public Water Supply System, insofar as the properties are of an insurable nature. (k) Continuing Representations. The representations of the Borrower contained herein shall be true at the time of the execution of this Loan Agreement and at all times during the term of this Loan Agreement` (I) Notice of Materia/Adverse Change. The Borrower shall promptly notify NDEQ of any material adverse change in the activities, prospects or condition (financial or otherwise) of the Borrower's Public Water Supply System, or in the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement. (m) Additional Covenan>ws and Requirements. If necessary in connection with the making of the Loan, additional covenants and requirements are listed on Attachment H hereto. The Borrower agrees to observe and comply with each such additional covenant and requirement, if any. 15 Article N ASSIGNMENT Section x.01. Assignment and Transfer by NDEQ. The Bon'ower hereby approves and consents to any assignment or transfer of this Loan Agreement that NDEQ deems necessary in connection with the operation and administration of the Loan Fund. The Bon-ower hereby specifically approves the assignment and pledging of the interest portion of the Loan Repayments to NIFA. Section 4.02. Assignment by the Borrower. This Loan Agreement may not be assigned by the Borrower for any reason, unless the following conditions shall be satisfied: (a) NDEQ shall have approved said assignment in writing; (b) the assignee is a city, town, village district, association, county or other public body created by or pursuant to State law of the State of Nebraska or any combination thereof, that has legal authority to own or operate the Public Water Supply System; (c) the assignee shall have expressly assumed in writing the full and faithful observance and performance of the Borrower's duties, covenants, and obligations under this Loan Agreement; provided, however, such assignment shall not relieve the Borrower of its duties, covenants, and obligations under this Loan Agreement; (d) the assignment will not adversely impact NDEQ's ability to meet its duties, covenants and obligations under the Pledge Agreement as determined in writing by NDEQ; (e) the assignment will not adversely affect the exclusion from gross income for federal tax purposes of the interest on any bonds issued by NIFA to fund deposits into the Loan Fund; and (f) the Borrower shall provide NDEQ, and NIFA if NIFA is an assignee of the Note, with (i) an opinion of a qualified attorney that each of the conditions set forth in subparagraphs (b) and (c) above has been met, and (ii) an opinion of nationally recognized bond counsel that the condition set forth in subparagraph (e) above has been met. Article V EVENTS OF DEFAULT AND REMEDIES Section 5.01. Notice of Default. If an Event of Default shall occur, the nondefaulting party shall give the party in default and NIFA prompt telephonic notice of the occun'ence of such Event of Default, provided the nondefaulting party has knowledge of such event of Default. Such telephonic notice shall be immediately followed by written notice of such,Event of Default given in the manner set forth in Section 6.04 hereof. Section 5.02. Remedies on Default. (a) Whenever an Event of Default shall have occurred and be continuing, NDEQ or the Borrower shall have the right to take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and to become due or to enforce the performance-and observance of any obligation or agreement of NDEQ or the Borrower. (including, without limitation, withholding remaining Loan disbursements, cancellation of this Loan Agreement and acceleration of the remaining scheduled principal 16 payments set forth on Attachment A, or such other remedies provided to NDEQ in the Act and the Regulations}. (b) If the Borrower fails to make any payment of principal and interest, late fee, and penalty interest imposed pursuant to this Loan within 60 days of the due dates specified in Section 2.05, the payment shall be deducted from the amount of aid to municipalities to which the Borrower is entitled. under Neb. Rev. Stat. §§ 77-27,136 to 77-27,137.01. Such amount shall be paid directly to the Loan Fund. Section 5.03. Expenses. (a) Upon the occurrence of an Event of Default on the part of the Borrower, and to the extent permitted by law, the Borrower shall, on demand, pay to NDEQ the reasonable fees and expenses incurred by NDEQ in the collection of Loan Repayments or any other sum due hereunder or in the enforcement of performance or observation of any other duties, covenants, obligations or agreements of the Borrower contained herein. Prior to incurring any such expenses, NDEQ shall provide written notice to the Borrower that it intends to incur such expenses; provided, however, a failure by NDEQ to give such notice shall not affect NDEQ's right to receive payment for such expenses. Upon request by the Borrower, NDEQ shat) provide copies of statements evidencing the fees and expenses for which NDEQ is requesting payment. (b) Upon the occurrence of an Event of Default on the part of NDEQ, and to the extent permitted by law and availability of appropriated funds by the Nebraska Legislature, NDEQ shalt, on demand, pay to the Borrawerthe reasonable fees and expenses incurred by the Borrower in the enforcement of performance or observation of any other duties, covenants, obligations or agreements of NDEQ contained herein. Prior to incurring any such expenses, the Borrower shall provide written notice to NDEQ. that it intends to incur such expenses; provided, however, a failure by the Borrower to give such notice shall not affect the Borrower's right to receive payment for such expenses. Upon request by NDEQ, the Borrower shall provide copies of statements evidencing the fees and expenses for which the Borrower is requesting payment. Section 5.04. Application of Moneys. Any moneys collected by NDEQ pursuant to Section 5.02 or 5.03 hereof shall be applied (a) first, to pay interest on the Loan as the same becomes due and payable; (b) second, to pay principal due and payable on the Loan; (c) third, to pay expenses owed by the Borrower pursuant to Section 5.03 hereof, and (d) fourth, to pay any other amounts due and payable hereunder as such amounts become due and payable. To the extent that NDEQ's right to receive Loan Repayments is on a parity of lien basis with the lien of Existing Revenue Obligations or Additional Revenue Obligations on the Borrower's System .Revenues, such moneys shall be applied pro rata to all such obligations. Section 5.05. No Remedy Exclusive; Waiver; Notice. No remedy herein conferred upon or reserved to the parties hereto is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. The parties hereto, in good faith, shall exercise such remedies with due diligence in a timely manner, however, no delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, .but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the parties hereto to exercise any remedy reserved to them in this Article, it shall not be necessary to give any notice, other than such notice as may ~be required in this Article V. Section 5.06. Retention of Rights. Notwithstanding any assignment or transfer of this Loan Agreement pursuant to the provisions hereof, or anything else to the contrary contained herein, the parties hereto shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation} bringing an action against the defaulting party at law or in equity, as such party may, in its discretion, deem necessary to enforce the obligations of the defaulting party pursuant to this Loan Agreement. Article vt 17 MISCELLANEOUS Section 6.01. Hold Harmless Agreement. The State of Nebraska and NDEQ, and the officers, agents, and employees of each, shall have no responsibility or liability for the construction, operation and maintenance of the. Project The Borrower shall be responsible for such construction, operation and maintenance of the Project and shall assume responsibility for all Project Costs and any claims, demands, damages, losses, costs, expenses, or liability accruing or resulting to any and all contractors, subcontractors, employees, and any other person, firm, or corporation furnishing or supplying services, materials, or supplies in connection with construction of the Project, and for any and all claims, demands, damages, losses, costs, expenses, or liability occurring or resulting to any person, firm, or corporation, as a result of or incident to, either in whole or in part, whether directly or indirectly, the construction of the Project Section 6.02. Waivers. Any waiver at any time of rights or duties under this Loan Agreement shall not be deemed to be a waiver of any subsequent right or duty under this Loan Agreement. Section 6.03. Amendments, Supplements and Modifications. Upon the assignment of the Note to NIFA and thereafter, this LoanAgreement may not be amended, supplemented or modified without the prior written consent of NIFA; provided, however, the consent of NIFA is not required to revise Attachment A, Attachment 6 and Attachment C hereto pursuant to the provisions of this Loan Agreement. An executed copy of any amendment to this Loan Agreement including revision of Attachments shall be immediately provided to NIFA. Section 6.04. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the Borrower, NDEQ, and NIFA at the following addresses: If to Borrower. City of Blair 218 So. 16th Street Blair, NE 68008-1674 If to NDEQ: Department of Environmental Quality Suite 400 1200 N Street, The Atrium Post Office Box 98922 Lincoln, NE 68509-8922 If to NIFA: Nebraska Investment Finance Authority 200 Commerce Court 1230 O Street Lincoln, NE 68508 All notices given by registered or certified mail as aforesaid shall be deemed duly given as of the. date they are so mailed. Any of the foregoing parses may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others. Section 6.05. Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall nat invalidate, render unenforceable or otherwise affect any other provision hereof. Section 6.06. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon NDEQ and the Borrower and their respective successors and assigns. 18 Section 6.07. Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same instrument. Section 6.08. Governing Law and Regulations. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, including the Act and. the Regulations, which Regulations are, by this reference thereto, incorporated herein as a part of this Loan Agreement. Section 6.09. Consents and Approvals. Whenever the written consent or approval of the State shall be required under the provisions of this Loan Agreement, such consent or approval may only be given by NDEQ. Section -6.10. Further Assurances. The Borrower shall, at the request of NDEQ, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Agreement. Section 6.11. Notice to Trustee. Upon assignment of the Note to NIFA and thereafter, NDEQ shall deliver a notice of this Loan in the form prescribed by NIFA, and other pertinent information relating thereto, to the Trustee for any bonds of NIFA issued to fund deposits into the Loan Fund. IN-WITNESS THEREOF, the. parties hereto have caused this Loan- Agreement to be executed and delivered as of the date set forth below. CITY OF BLAIR, NEBRASKA NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY By gy Title Title Director Date Date 19 INDEX OF ATTACHMENTS Exhibit 1 -Project Description Attachment A -Loan Repayment Schedule Attachment 13 -Project Costs and Projected-Outlay Schedule Attachment C -Financial Analysis Attachment D -List of Federal Laws and Authorities Attachment E -Municipality's Counsel's Opinion Attachment F -Promissory Note Attachment G -Certificate Attttachmenf H- Other Documents 21 EXHIBIT 1 PROJECT DESCRIPTION 22 :~ r ATTACHMENT A LOAN REPAYMENT SCHEDULE Interest accruing before December 15, 2001, which is not. reflected on the following amortization schedule shall be billed and paid in accordance with NDEQ's procedures as in effect from time to time. 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W F- O ly rNNMM~}~y} IAMmmhhma0 W 07OOrrNNMM~~'IG1 t0m O p O O O O V O O O O O O C O C O r r r r r r r r r r r r O O ~ H O O O O O O O O O O O O O O O O O O O O O p O p 0 0 0 0 N N N N N N N N CV N N N N N N N N N N N N N CV N N N N N N N W Z W Gj ~ ~ ~ ~ i ~ ~ i ~ ~ ~ i ~ ~ i i i C C G~ c U C U c O c p c C U C U C U C C? c U C c C7 C CD ~ G7 ~ 07 7 ~ ~ 7 ~ Q 7 7 7 ~ 3 Q 3 - ~ 7 ~ Q C'r O} O Q a Q O ~ Q Q Q Q O '~ Q 7 Q ~ '7 ~ ~ '~ > > '~ ~ ~ ~ ~ -f M~M~M~M~O~McM~O~M~~~tn O~~~OM tn ~ ?a -' ~~ r r r r r r r r r rr r r r~- ~ o M N m a W J D W U rn QO N O i '' CITY OF BLAIR. NEBRASI~1 WATER SYSTEM BLAIR, NEBRASKA WATER SYSTEM The City of Blair, tiebraska (the "City") owns and operates a Waterworks Plant and System ("Water System"). The revenue of the Water System was pledged to the repayment of the State Revolving Fund Loan. Water System Revenue Debt Outstanding Date of Loan 1996 1999 Original Amount of Issue $3,050.000 1,700,040 Projected Maturity Date 2006 2014 Outstanding Balance as of 09130!99 $2,270,000 1,b90,000 Projected Annual Debt Service $395.885.00 164,417.50 Project Description The Project includes a major expansion to the City's water treatment plant which will increase the System's capacity from the currently estimated 8,000,000 gallon per day capacity to an estimated 14,000,000 gallons per day to accommodate a $300,000,000 expansion of the existing Cargill Wet Milling Corn Plant and to provide water service to the Village of Kennazd. Included in the Project costs are the installation of high service pumps dedicated to Cazgill's water demand. Present Fund Balances Shown below aze fund balances for the Water System fund as of September 30, 1999. Water System Total Fund Equity $ 6, 179,512 Total Liabilities and Fund Equity 10,269,766 System User Charge Revenues Year Water System 1999 $1,933,795 1998 1,958,933 1997 1,964,686 Significant Users Since 1995, Cazgill, Inc. has been a significant user of the City's Water System, accounting for over 75% of total gallons pumped. With this proposed improvement, the City expects Cazgill, Inc. to account for approximately 77% to 78% of the City's total water usage. As part of the proposed improvements, the City expects to have in force stake-or-pay contract from Cargill, Inc. for a minimum amount of water per day. The city estimates that payment under contract will total approximately $37 million over 16 years, which, together with other water-system revenues, will be sufficient to gay debt service on the proposed Loan from the Drinking Water State Revolving Fund and additional proposed Water System debt. The proposed Loan . to the City is expected to be funded from moneys in the Drinking Water State Revolving Fund other than Series 2000A Bond proceeds. A-6 ~ tt i C ~ Customers . The following is a list of the average number of monthly customers of the Water System as of September 30 of each year: Number of Customers Fiscal Year Water System 1999 2,758 1998 2,719 1997 2,696 City Population Year Population 1998 est. 7,566 1990 6,860 1980 6,418 Water System Earnings History Operation & Net Revenue Debt Service Maintenance Available for Debt Coverage Year Gross Revenue Expenses Debt Service Service~~ Ratio 1999 $2,064.842 $1,184,226 $880,616 $579,333 1.52x 1998 2,105,084 1,049,440 1,055,644 598,041 1.77x 1997 .2,100,374 1,044,435 1,055;939 591,835 1.78x ~'~ Series 1996 aad Series 1999 Bonds. Audited Financial Statements Audited financial statements of the City of Blair, Nebraska Water System for the year ended September 30, 1999 aad for the year ended September 30, 1998 are available to prospective purchasers of the Series 2000 Bonds upon request from Americas Imiestment Coip., 5900 O Street, 4th Floor, Lincoln, Nebraska. 68510, and from the Nebraska Investment Finance Authority, 200 Commerce Court,1230 O Street, Lincoln, Nebraska 68508. A-7 ~ ,. ATTACHMENT B PROJECT COSTS PROJECTED OUTLAY SCHEDULE 24 1 ATTACHMENT C FINANCIAL ANALYSIS 25 ~ ;i s ., r ATTACHMENT D LIST OF FEDERAL LAWS AND AUTHORITIES ENVIRONMENTAL: - Archeological and Historic Preservation Act of 1974, .Pub. L. 86-523, as amended - Clean Air Act, Pub. L. 84-159, as amended - Coastal Barrier Resources Act, Pub. L. 97-348 - Coastal Zone Management Act, Pub. L 92-583, as amended - Endangered Species Act, Pub. L. 93-205, as amended - Environmental Justice, Executive Order 12898 - Floodplain Management, Executive Order 11988, as amended by Executive Order 12148 - Protection of Wetlands, Executive Order 11990, - Farmland Protection Policy Act, , Pub. L 97-98 - Fish and Wildlife Coordination Act, Pub. L. 85-624,. as amended - National Historic Preservation Act of 1966, Pub. L. 89-665, as amended - Safe Drinking Water Act, Pub. L. 92-523, as amended - Wild and Scenic Rivers Act, Pub. L. 90-542, as amended ECONOMIC and MISCELLANEOUS AUTHORITIES: - Demonstration Cities and Metropolitan Development Act of 1966, Pub. L. 89-754, as amended, Exec. Order 12372 - Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respell to Federal Contracts, Grants, or Loans - Uniform Relocation and Real Property Acquisition. Polices Act of 1970, PL 91-646 - Executive Order 12549 -Debarment and Suspension SOCIAL LEGISLATION: - Age Discrimination Act of 1975, Pub. L. 94-135 - Title VI of the Civil Rights Act of 1964, Pub. L. 88-352 - .Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500; (the Clean Water Act) - Equal Employment Opportunity, Executive Order 11246 - Women's and Minority Business Enterprise, Executive Orders 11625 and 12138, and 12432 - Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112, including Executive Orders 11914 and 11250) - Section 129 of the Small- Business Administration Reauthorization and Amendment-Act of 1988, Pub. L. 100-590 26 r +- ' q (,, ATTACHMENT E FORM OF BORROWER'S COUNSEL OPINION [USE BORROWER COUNSEL'S LETTERHEAD] [Date of Loan Closing] [NOTE: Any of the opinions given below may be given in reliance upon the opinion of another Bond Counsel, and one Bond Counsel may give some of the opinions and another Bond Counsel may give others.] Nebraska Investment Finance Authority 200 Commerce Court 1230 O Street Lincoln, NE 68508 Attention: Executive Director Nebraska Department of Environmental Quality Suite 400 1200 N Street, The Atrium Post Office Box 98922 Lincoln, NE 68509-8922 Attention: Wastewater Facilities Section Water Quality Division TRUSTEE Ladies and Gentlemen: [INVe] have acted as [Bond] Counsel in connection with the execution and delivery by [NAME OF MUNICIPALITY], a [TYPE OF ENTITY] (the "Municipality"}, of a Loan Agreement dated as of [_> (the "Loan Agreement") between the Borrower and the Nebraska Department of Environmental Qualify ("NDEQ") and the issuance of a promissory note dated the date hereof (the "Notes) by the Borrower to NDEQ. All terms used in this opinion letter and not defined shalt have the meanings given to them in the Loan Agreement. In this connection, [Uwe] have examined the following (a) Certfied copies of the [DESCRIBE RESOLUTION AND/OR ORDINANCE PURSUANT TO WH1CH LOAN AGREEMENT ANO NOTE ARE TO BE ENTERED INTO]; (b) An executed counterpart of the Loan Agreement; (c) The executed Note; and (d) Such other documents as [I/weJ deemed relevant and necessary in rendering this opinion. As to questions of fact material to [my/our] opinion, [Uwe] have relied upon the cenyfied proceedings and other certifications of public offtcials famished to [melus] without undertaking to verify the same by independent investigation. Based upon the foregoing [I am/we are] of the opinion that: 1. The Borrower is a [CITY, VILLAGE, SID OR OTHER] duly organized and validly existing under the laws of the State of Nebraska. 27 o i~ r a ~~ 2. The Borrower is a governmental unit, as such term is used in Section 141(b)(6) of the Internal Revenue Code of 1986, as amended. 3. The Borrower has the power and authority to enter into the Loan Agreement, to issue the Note, to borrow the entire principal amount provided for in Section 2.01 of the Loan Contract (the "Loan Amount") and to pen`orm its obligations under the Loan Agreement and the Note. 4. The Loan Agreement and the Nate have been duly authorized, executed and delivered by the Borrower and are, and would be if the entire Loan Amount were advanced to the Bon'ower pursuant to the Loan Agreement on the date of this opinion, valid and legally binding special obligations of the Borrower, payable solely from the sources provided therefor in the Loan Agreement, enforceable in accordance with their respective terms, except to the extent that the enforceability thereof may be limited by laws relating to bankruptcy, insolvency or other similar laws affecting creditors' rights generally and general principles of equity- 5. Pursuant to Neb. Rev. Stat. §18-1803 through 18-1805, the Loan Agreement creates a valid lien on the funds pledged by the Borrower pursuant to Section 3.02 of the Loan Agreement for the security of the Loan Agreement and the Note and no other debt of the Borrower is secured py a superior lien on such funds. 6. The Borrower has obtained or made all approvals, authorizations, consents or other actions of, and filings, registrations or qualifications with, the Borrower or any other government authority which are legally required to allow the Bon'ower to enter into and perform its obligations under the Loan Agreement and the Note and borrow the full Loan Amount pursuant to the Loan Agreement and the Note. Very truly yours, 28 ( .y i l (~1 ~ ATTACHMENT F PROMISSORY NOTE OF CITY OF GLAIR, NEBRASKA FOR VALUE RECEIVED, the undersigned (the "Borrower") promises to pay, but sofely from the sources described herein, to the order of the Nebraska Department of Environmental Quality ("NDEQ°), or its successors and assigns, the principal sum of not to exceed $6,815,700 to the extent disbursed pursuant to Section 2.04 of the Loan Agreement dated as of August 2000 ("the Loan Agreement'), with interest on each such amount until paid, as provided in Section 2.03 of the Loan Agreement between NDEQ and the Borrower. In addition, the Borrower shall pay an Administrative Fee on the outstanding principal amount of this Note at the rate of 1.0% per annum as provided in the Loan Agreement. The said principal and interest and Administrative Fee shall be payable in semiannual installments each payable on December 15 and June 15 of each year in accordance with Section 2.05 of the Loan Agreement. Each installment shall be in the amount set forth. opposite its due date in Attachment A to the Loan Agreement The Borrower shall pay any penalty or additional interest due pursuant to Section 2.05(d) of the Loan Agreement. All payments under this Note shall be payable at the offices of NDEQ in Lincoln, Nebraska, and upon the assignment of this Note to NIFA, at the principal-corporate trust office of a Trus#ee designated by NIFA, or such, other place as NDEQ may designate in writing. This Note is issued pursuant to and is secured by the Loan Agreement, the terms and provisions of which are incorporated herein by reference. All payments of principal of and interest on this Note and other payment obligations of the Borrower hereunder shall be limited obligations of the Borrower payable solely out of the System Revenues (as defined in the Loan Agreement) and shall not be payable out of any other revenues of the Borrower. The obligations of the Borrower under this Note shall never constitute or give rise to a charge against its general creditor taxing power. ' If default be made in the payment of any installment due under this Note or by the occurrence of any one or more of the Events of Default specified in Article V of the Loan Agreement and if such Event of Default is not remedied as therein provided, NDEQ then, or at any time thereafter, may give notice to the Borrower that all unpaid amounts of this Note then outstanding, together with all other unpaid amounts outstanding under the loan Agreement, are due and payable immediately, and thereupon, without further notice or demand, all such amounts shall become and be immediately due and payable. Failure to exercise this option shall not. constitute a waiver of the right to exercise the same at any time in the event of any continuing or subsequent default. The Borrower hereby waives presentment for payment, demand, protest, notice of protest and notice of dishonor. 29 L. i ¢ 7 a[ tY s This Note and all instruments securing .the same are to be construed according to the laws of the Sthte of Nebraska. Signed and sea~ed.~is day of .200_ [SEAL] CITY OF BLAIR, NEBRASKA By Attest Tile Pursuant to the Pledge Agreement dated as of as amended (the "Pledge Agreement', by and between NDEQ and the Nebraska Investment Finance Authority ("N1FAA), and the Master Tnast Indenture dated as of , as supplemented and amended, by and between NIFA .: as trustee, NDEQ hereby, assigns, grants and conveys any and all of NDEQ's rights, title and.interest in this Note to NIFA, except as provided in the Pledge Agreement, and NIFA hereby assigns such: rights, tibe and interest to the Trustee and any successor Trustee. NEBRASKA DEPARTMENT OF ENVIRONMEPITAL QUALITY By Title Date NEBRASKA INVESTMENT FINANCE AUTHORITY By Tibe Attest Date 30 ~,, s ! ~ s r• ~ ATTACHMENT G CERTIFICATE OF CITY OF BLAIR, NEBRASKA The following certifications are made in connection with the Loan Agreement, dated as of August 2000, (the "Loan Agreement"). between the Nebraska Department of Environmental Quality ("NDEQ°) and City of Blair, Nebraska (the "Borrower") for the purpose of establishing compliance by the Borrower with requirements for the maintenance of the tax exemption of interest on any bonds (the "Bonds") which may be from time to time issued by the Nebraska Investment Finance Authority ("NIFA') to provide funds for deposit in the Loan Fund (as defined in the Loan Agn~ement). WHEREFORE, the undersigned hereby certifies on behalf of the Borrower to NDEQ, NIFA and any trustee for the Bonds, as follows: 1. The undersigned is authorized to make the following certifications on behalf of the Borrower. 2: The Borrower represents that it reasonably expects that the design and construction of the Project, as defined in the Loan Agreement, will commence within six months from the execution of the Loan Agreement and that the design and construction of the Project will proceed with due diligence thereafter to completion. 3. The proceeds. of the loan pursuant to the Loan Agreement will be used to construct a facility that will be owned. and. operated by the Borrower. There will be no contracts for the use of the facility other than contracts on a-rate scale basis. Specifically, the Borrower represents that there will be no contracts for use of the Project that will require anon-governmental unit to make payments to the Borrower without regard to actual use of the Project. Dated this day of .200_ CITY OF BLAIR, NEBRASKA By Title 31 ,~~ ~ a y t ~~, ATTACHMENT H ADDITIONAL COVENANTS AND REQUIREMENTS 32 A_ r' "- r .t ~ v DWSRF Loan 10/15/98 w ., 's '' ~ w-~ ATTACHMENT H ADDITIONAL COVENANTS AND REQUIREMENTS RESOLUTION No. 20oa ~ 24 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement for the improvement of a portion of U. S. Highway No. 30 in Blair, Nebraska. WHEREAS, the Agreement between the City of Blair, Nebraska. and the State of Nebraska Department of Roads for the improvement of U. S. Highway No. 30 in Blair, Nebraska designated Project No. STPP-STWD(23) is acceptable to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIt, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State ofNebraska D~j~nt of Roads which has been presented to the City Counc~, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by this reference, is hereby accepted and adopted b3' the City of Blair, Nebraska. BE IT FURTI~R RESOLVED THE MAYOR AND THE CITY CLERK ofBlair, Nebraska ate hereby authorized and directed to execute said Agreement on behalf ofthe municipality. COUNCILMF..IVIBERABBQTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL CALL, COUNGILMEMBERS WA]:TE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND RYAN VOTING "AYE" AND COUNCILMEMBERS NOME VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 27'~ DAY OF JUNE, 2000. CITY OF BLAIR, NEBRASKA BY C L A. S, MAYOR -I~ ATTEST: Yl. BRENDA R TAYLO ITY CLERK (SEAT.) STATE QF NEBRASKA ) ) :ss: WASHINGTQN CQUNTY ) BRENDA R TAYLOR hereby certifies that she is the duty appointed,. qualifiedand acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution vcras passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 27~` day of June, X000. / ~ ~' BI~:ENDA R TAYLOR, Y CLERK _~_ ~ ' ~ . ` ' q ': (i," AGREEMENT PROJECT NO. STPP-STWD(23), STATE CONTROL N0.21847 .; ~ ~ ` " ; . CITY OF BLAIR r,,;;~ STATE OF NEBRASKA, DEPARTMENT OF ROADS ~ ' ` GUARDRAIL INSTALLATION , ` THIS AGREEMENT, made and entered into this ~?~' day of J[Af'l E'.. ~:'' , ~ ' 20C1~ . by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State." ~~ Y W ITNESSETH: ';' WHEREAS, it is the desire of the parties that a portion of Highway US-30 in Blair be "' improved at the location as shown in Exhibit "A" attached, which is hereby made a part of this ~ ~ ~ i agreement, and WHEREAS, said improvement is located within the designated urban area of Blair, - Nebraska,-and funds administered by the State, hereinafter known as "State Funds," have been made available for the construction of improvements such as this, and WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain ftom local property assessments that exceed the City's share of project costs, and WHEREAS, it is the further desire of the City that the proposed urban construction be <~ ::,~ included in a project under the designation of STPP-STWD(23), as evidenced by the. Resolution : of the City Council dated the.. Z,~ day of ~ur~e , 20 ~, attached hereto, ¢nr' ', , -:, Identified as Exhibit "C," and hereby made a part of this agreement, and WHEREAS, the description of the project is as follows: ` ~ ' r ~, Install guardrail at the location as shown on Exhibit "A" attached. NOW THEREFORE, in consideration of these facts and the mutual promises of the ~;'>..~~<~ ~~~~~'' '"~ "~}. parties hereto, It is hereby agreed that the construction or reconstruction of the aforesaid r . . highway between construction limits described in Exhibit "A" attached hereto, denoting Project ` e No. STPP-STWD(23), shall be accomplished according to and in the manner provided by plans . , and specifications to be prepared by the State, which are to be, by this reference, made a part ; r of this agreement. i , " And the parties agree further as follows: ... _ `. .:7. .-..,_t ' ':.t.t•.:.' r: L 057 fi . ~,..:: e:l."d .. ,_ _. `.a~ ... ....., .. . -. .,., ~ SECTION 1. The City agrees: (a) To pass and enforce an ordinance as required to effect the following restrictions within the project limits: No Parking. (b) To prohibit filling stations, service stations or other business establishments being located in such a way that vehicles being served wlll be required to stand on said public highway right of way. (c) To require that all future entrances from private property to the public right of way within the limits of this project receive prior approval of the Director or his authorized representative. (d) To clear, at no cost to the State, the present right of way of this project of all advertising signs. The-City also agrees, at no cost to the State, to clear any other privately owned facility or thing that may intertere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. (e) If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48-1101 through 48-1126 (Reissue 1998), and all regulations relative to nondiscrimination in federally assisted programs of the Department of Trarisportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "B" attached. hereto and hereby made a part of this agreement.. The reference to "Contractor" in this exhibit shall mean the "City." (f) MINORITY BUSINESS ENTERPRISES (1) Policy The City and State further agree to ensure that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part wfth Federal funds under this agreement. Consequently, the minority business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into this agreement. (2) Minority Business Enterprises Obligation The City and State further agree to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed Project No. STPP-STWD(23) - 2 - City of Blair in whole or in part with Federal funds provided under this agreement. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City acting as a subrecipfent of Federal-aid funds on this project agrees to adopt the minority business enterprise program of the State for the .Federal-aid contracts the City enters into on this project. On any work performed by the City, failure of the City to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. (g) Any changes in the roadway geometrics, either during project construction or after the project is completed, including but not limited to access control, driveways, median breaks, parking restrictions or any other traffic control items shall require prior approval of the State with Federal Highway Administration concurrence. (h) To provide, where the proposed construction involves a change in the grades established by City ordinance, that an amendment to said ordinance be passed, reestablishing said grades as shown in the plans without cost to the State. SECTION 2. It is agreed and understood by the parties hereto that Federal-Aid Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal-Aid Policy Guide, 23 CFR 6458, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and Incorporated into this agreement by this reference. By signing this agreement, the City agrees to adopt, on the improvement contemplated in this agreement the Nebraska Department of Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State August, 1998, and its subsequent revisions or additions. Project No. STPP-STWD(23) - 3 - City of Blair ._ y,ra ..: :. .. .. . - . . ,,. .... . ,, , « ~~R--~.-- , ,. r :. ,~ The City further agrees: '' .~ (a) To comply with Neb,Rev.Stat. §39-1361 (Reissue 1998), and the rules and `.' ~` regulations of the Department of Roads before making or allowing to be made,. any utility excavation, pavement cuts or pertorming other activity upon Bald highway, and shall be responsible to see that all such work Is performed ~: ; f.' according to the rules and regulations of, and by authority of a permit granted by p the Department of Roads of the State of Nebraska. r ~ . ' . ., r'{" (b) To furnish or cause to be furnished all of the labor, tools, equipment and materials for the rehabilitation of its municipally owned util~ies as made ' necessary by the construction of this project. - ` (c) To prepare and submit to the State upon receipt of preliminary construction ' }. ,, ,. plans for this project a plan and estimate detailing anticipated location and ' nonbetterment costs for the rehabilitation of all municipally owned utilities as . ;,, ~:~ ~ •'' made necessary by this project. It f§ mutually understood that all nonbetterment i .. .f 7 . municipal utility rehabilitation costs within the corporate limits of the City will ' •ri~ ~ become a project cost, but that outside said City limits only the nonbetterment ~ ' portion of the rehabilitation costs of facilities currently occupying private right of t -: `' ~ r ~; way will be reimbursed. The cost of nonbetterment rehabilitation of municipally , , ~` ~ d . owned and operated utilities within the corporate limits is currently unknown. ' ,~ f _~. , } Should this project necessitate the nonbetterment rehabilitation of any " ~ • ''. municipally owned and operated utilities, the parties hereto agree to enter Into a '" supplemental agreement to provide for the construction of the nonbetterment 4 utilities and the reimbursement to the City for the State's share of the costs of the ' rehabilitation of municipally owned and operated utilities. Said supplemental t 1 ~ ; ~ ,•. :. agreement shall be entered into prior to utility work beginning. , ,.. ~, (d) To pay the State within thirty days after receipt of a billing from the State, the ,f „ ~'" 6~ City's share of the project cost. The City's share shall be 20 percent of the ~ ' ` estimated cost of the guardrail installation, which cost is currently estimated to ~ ~ ;'• be $35,451.65 with the City's share being $7,090.33.- Upon the award of a ~~~a::s~::, >. contract for the guardrail installation, the State will bill the City in the lump sum amount of $7,090.33. `~ ' ' - SECTION 3. The Federal share of this project shall be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to ~ ' ,$ State review. ` "' ~F ! f .,,-`' Project No. STPP-STWD(23) - 4 - 1 City of Blair '., ~::' ~ `•' t~~ i o~7 S ?.t#%i? ~.. ems.. .... _, .: ' ., .. ::i.u~a.. ?'- .. ..r: a:. . s. [:.fuk:. ....rt_F~:.. y"~. .. res+yE'~F~7~.. . •_ .~ ~+~ F;F -.. SECTION 4. All traffic control devices will conform to the latest approved edition of the Manual ~ ,. ,~ 4~: ~° on Uniform Traffic Control Devices. If the City is to perform or contract for any work, they will 1 ~.- develop a traffic control plan. The plan will be provided to the State's Project Manager for approval and acceptance. It will be the City's responsibility for the operation and maintenance + ' ~ ; ; of the approved traffic control plan. ~ SECTION 5. The City further agrees to comply with all traffic safety regulations, including those _ +, . prescribed in the latest approved edfion of the Manual of Uniform Traffic Control Devices and to use extreme caution when working in the State right of way and not block or encroach upon ,~~: ,~ '-+: any traffic lane without first providing a fiagperson to direct traffic. { "'` SECTION 6. It is hereby agreed that plans and specifications for the above mentioned project ~~ .;~_, will be on file iri the office of the Department of Roads, Lincoln, Nebraska. . ; .: ;; i SECTION 7. The City and State will fully cooperate to cause the removal from public right of .: , - t '' way, or correction or alteration in the public right of way, as necessary for the construction of ~ the aforesaid project, of all pipe lines, poles or other underground or overhead services not {~ ~ . owned by the City. SECTION 8. The City agrees to participate toward the cost, as stated in Section 2, paragraph "d" of this agreement on That portion of the aforesaid project which was within the corporate limits of the City as they exist on the date that this Agreement is executed by the State. ;, SECTION 9. The State hereby agrees: ~ + (a) To prepare and corivey to the City, prior to construction, plans for the proposed subject project. ~ ~,,~ ~~ (b) To advertise and conduct a letting and receive bids on the contemplated ;~ ,. :<.~: improvement. The City agrees that the State will award the contract to the lowest responsible bidder and that said contract shall be signed only by the .:: ~ , State. t ,_,: (c) To supervise and cause completion of the construction of the improvement as _+ ; ~ ~. shown in the plans. (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid project, not specifically assumed by the City. (e) To reimburse the City for the nonbetterment rehabilitation of municipally owned ~.°` .utility facilities as provided in Section 2(c). _ ~, r ~' (f) To construct that portion of the project located outside the City limits without cost ,~:,:,; i to the City, except as provided in Section 2(c). ' ~.. ` (~ ~ f~. . ae~.~~,-tar. .t.el,.. ~ ' Project No. STPP-STWD(23) - 5 - ~... ,~ ' City of Blair ;~.. ;;+ ~:;: ',;:` ;'' . , . SECTION 90. The parries hereto agree that the State shall make sole detemtination as to the scheduling of the construction for this project. IN WITNESS WHEREOF, the partles hereto have caused thesepresents to be executed by their proper officials thereunto duty authorized as of the dates below indicated. EXECUTED. by the City this ?Z~ day of kcnE'. . 20~,,. ATTEST: CITY OF BlAIR Clerk M yor ~~~~ EXECUTED by the State this day of ..~ k./y . 20C~ STATE OF NEBRASKA DEPARTMENT OF ROADS ~,: F` !' p ` ; ` 1 ; , ~ 'Deputy D or-Engineering ~ ,~ , ,, ~ , , ~ i yy Y ~tl ~ E ~ sz .~:' l... .~~ 3 •~ ~._ ! ~ f ' t 'fit a a ` { I e.. F~ Lt t-vg.. u F~~ay. ~. : ~~- r;x P ~ { ~y{ ~ • ty+t t ~ ~~'1 ~ r r}~;. }f Q., r Try'+: r viii E . fif 4 ., .: tad, t .~t'ss ; ~ ~ ? '. ' . ` ~,;.a •f M !: ~~ d '• G y~'~i ~~. 1-~ ~ .1.~ ~ ~ :5: ~• } t t 1 ;. t '~:~.r 31 A,7~ . .E ,~ - ~~ . Ott } .. '~ ; r5 ~ t ~„ AA.~ - ? ~, f !~ 1 :: w} . .?$'~' .. ' ~ ii;i ~ f . . f - Pf i l• t ~,.. .. w Project No. STPP-STtiND(23) - 6 - r 'r , tl City of Blair L X 57 ` ` -:,~~ i'b" zt ..-.--::.~:fEt .". :.•:` .,:""i". ,'`..-T:9'Sc,: ?,r; ,..a.:F.i~t~ a"~~.~..•,~...ve l.w.o r•; ',Fa .. .. 't :?'ft^tl .. .... ,.. xf-~:: . ,. r r7. ' i t$"f • .: ~ . BLA1R WASHIN6TQN COUNTY NEBRASKA u y ~~ i \ I. >< ~ ;" . >< >< >< ~ ~ x >< , - "".% ~ /~ ~•~, ~`/ N ~ .. -~ R.P. 450+55 S ....« .. ~,... h ~..: f ~ . ~ 2 , ;~ ~ ~,+,n ~ ~. , - pip uat ~ 4 ,~ ~q ~ -Y , ~ ~ `~, v Y z I'd f .~ ~ a... ~ ~. ~ t,i,{ , ~~ ~ T ~ V i« ,(}, ~ i f 7 ;- ~ n . t ~ , r-'+ r IAA, t - F f 1~ ) ' i Y ~~'+ t. t itrv ~~r ~ , fk+ ~ ~ . f .4~I"'~fY` i 3 ~ i .V { S ~f+f' ~ j b: STPP"" ST1ND ~~3 ~` ,~}, fr}JT~~ ( ~.., c N 2~ 84~ E ~ H L B I T .. ~ .. ~f~K+ ; , i,= ~~ , . . f ~. ,;. k .. .Y'• ~ ~ f ~ .f( ( Lt•' t' ~t~ r. ~..:, ?.+~~. ~".~:dt .. '.;4~T+ ...~~ik+ c~S~n a t' 7iay'1: i - a ., rr ~.. ... ? :~ i .f. ~ . ~.. .., «, .Y, i _ i~. 1~~ ~ ~ r `~ ' ~ ~ n ; I.~1. ~ ^ ~ n , f {' NONDISCRIMINATION CLAUSES `? During the pertormance of this contract, the contractor, for itself, its assignees and successors '"' ' in interest (hereinafter referred to as the "contractor"), agrees as follows: ,,~ ' d: 4 ,t.Ar,. . (1) Compliance with Res~ulations: The Contractor aril) comply with the Regulations of the _ ' Departrnent of Transportation relative to nondiscrimination in federally assisted ~ _ ~ programs of the Department of Transportation (Title 49, Code of Federal Regulations, ~ :. ' Parts 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. ' (2) Nondiscrimination: The contractor, with regard to the work pertomted by it after award - and prior to completion of the contract work, will not discriminate on the basis of ~~ ~ ~ • disability, race, color, sex, religion or national origin in the selection and retention of ' • subcontractors, including procurements of materials and leases of equipment. The ' contractor wilt not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts Includina Procurements of Materials and Eauisment: In ', ; all solicitations either by competitive bidding or negotiation made by the contractor for ' work to be performed under a subcontract, including procurements of materials or ~ ' equipment, each potential subcontractor or supplier shall be notified by the contractor of . _ , , the contractor's obligations under this contract and the Regulations relative to •, - nondiscrimination on the basis of disability, race, color, sex, religion or national origin. , ~ ~. ,;~. (4) Information and Resorts: The contractor will provide all information and reports required "` • ` by the Regulations, or orders and instructions issued pursuant thereto, and will permit ' access to its books, records, accounts, other sources of information, and its facilities as <-: '~ • may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and ~ instructions. Where any information required of a contractor is in the exclusive ~ ' possession of another who fails or refuses to furnish this Information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncomsliance: In the event of the contractor's noncompliance with the ' nondiscrimination provisions of this contract, the State Highway Department shall - ' F -~~ the Federal Highway Administration may impose such contract sanctions as it or ; , : , ' ~ ': ,, determine to be appropriate, including but not limited to, • i (a) withholding of payments to the contractor under the contract until the contractor , ~ ~, complies, and/or ~ ": ~ ~ ~, `- - ~ (b) cancellation, termination or suspension of the contract, in whole or in part. , ~ 't' .~ (ti) Incomoration of Provisions: The contractor will include the provisions of paragraph (1) ~'~~ ~ -~ through (6) in every subcontract, including procurements of materials and leases of , ,'.,,' equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontractor procurement as the State Highway Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, .however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such ' '" direction, the contractor may request the State to enter into such litigation to protect the , ' Interests of the State, and in addition, the contractor may request the United States to ' ~ ' • `'~~ enter into such liti ation to protect the interests of the United States. 9 t ~ G ." 4 •' . ,.~:::Y.,n, ~. ,,:~,. '. , ~ i ~., { . ;„ r, ~ . . • EXHIBIT "B" ;;`, , . ~. , --- ...:, . _ ,:, ,.: . ~i s-.. , E:.ti~ RESOLUTION No. 2000 - 2s COUNCILMEM~ER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of flair, Nebraska, is an eligible unit of a local goveriunent authorized to ale an applic~.tion under the Housing. and. Community Developmen# Act of 19?4, as mended, for Small Cities Community Development Block Grant Program, and WHEREAS, the City of Blair, Nebraska, has obtained its citizens' comn~eataay on community development and housing needs and has conducted public hearruig(s) upon the proposed application and received favorable public romtnent res~cting the application, which is for an amount of $25,000.00 for the survey of residential and commercial structures, assessment of infrastructure conditions, and prioritization of redevelopz~nt projects to meet the federal objective of removal of slums anal blight in the City ofBlair, Nebraska, and NOW, T`II=EREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIt, NEBRASKA, that the Mayor and City Clerk be and hereby are authorized and directed to proceed. with the formulation of any and all contracts,. documents, and other memoranda between the City of Blau', Nebraska and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNC:LLI~IEMBER A$BOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER RYAN. UPON ROLL GALL, COUNCII.MEMBER WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBO'~T AND RYAN VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26m DAY OF 3IJNE, 2000. -1- w V i u x CITY OF BLAIR, NEBRASKA. BY MI L A. S, MAYOR ' ATTEST: d BRENDA R TAYLOR, CLERK ESQ) STATE OF NEBRASKA } ) :ss: WASHINGTON COUN'.CY ) BRENDA R. TAYLOR hereby certifies that she is the duty ap~inted, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted ax a regular meeting of the Mayor and City Cotmcd of said City, held on the 27~ day of June, 200fl. BRENDA R TAYLOR, CI CLERK _2_ k . RESOLUTION NO. X000 -26 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Water Service Agreement between the City of Blair, Nebraska, and Cargill, Incorporated has been prepared and presented to the City Council: providing for the terms and provisions of the sale of water from the City of Blair to Cargill, Incorporated, a copy of which Agreement is attached hereto, marked Exlu'bit "A" and by this reference made a part herea~ and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Water Service Agreement referred to hereinabove, is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and. directed to execute sancie on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII.MEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS WAITE, SHOTWELL, REALPH, RYAN, ABBOTT, MGMANIGAL AND FANOELE VOTING "AYE", AND GOUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27"~ DAY OF JUNE, 2000. CITY OF BLAIR, NEBRASKA B- MICHAEL A. S, MAYOR ATTEST: Pt« BRENDA R, TAYLOR, CI CLERK {SEAL] STATE 4F NEBRASKA ) ) :sS: wASx~N~TON CotnvT~ ) BRENDA R. TAYL(JR 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 tl~ Mayor and City Council of said city held an the 27~ day of June, 2040. 7~. BRENDA R TAYLOR, Y CLERK WATER SERVICE AGREEMENT ~ This WATER SERVICE AGREEMENT (this "Agreement"), made and executed this ~ day of (t,~~l~ , 2000, by and among the CITY OF BLAIR, NEBRASKA, a city of the first class existing under and by virtue of the laws of the State of Nebraska (the "City"), whose address for purposes of this Agreement is 218 South 16~` Street, Blair, Nebraska 68008 (Attn: City Administrator), and CARGILL, INCORPORATED, a Delaware corporation authorized to transact business in the State of Nebraska (the "Company"), whose address for purposes of this Agreement is 650 Industrial Road, Blair, Nebraska 68008 (Attn: General Manager or Operations Manager); WITNESSETH WHEREAS, the City owns and operates a system of waterworks and water supply (as now existing or hereafter extended or improved, the "Water System") which serves the City and its inhabitants as well as customers in the area surrounding the City; and WHEREAS, Company is engaged in the business of processing corn and corn products at an existing facility (as now existing or hereafter improved, the "Plant") located on certain real property in the vicinity of the City of Blair, Nebraska, as more particularly described on Exhibit "A" attached hereto (the "Real Estate"); and WHEREAS, Company supplies corn products to third parties ("Third Parties") that are located adjacent to the Plant on the Real Estate; and WHEREAS, in connection with Company's operations at the Plant, Company and Third Parties utilize a significant quantity of water which is currently provided by the City from the Water System; and WHEREAS, given the current and anticipated quantity of water used by Company and Third Parties, the Water System, as it currently exists, lacks the capacity to provide a sufficient quantity of water to the Plant for the present and anticipated needs of the Company and Third Parties; and WHEREAS, the City is willing to expand and improve the Water System by the construction of certain additions and improvements to the Water System, as are more particularly described on Exhibit "B" attached hereto (the "Improvements") to increase the capacity thereof to meet the needs of the Company and Third Parties and the anticipated needs of the City; and WHEREAS, the Company is willing to commit to certain payments to the City as described herein in order to induce the City to construct the Improvements; and WHEREAS, the City and the Company wish to set forth their respective understandings relating to the Water System and the Plant and the actions to be taken in reliance upon such understandings by each such party; NOW, THEREFORE, in consideration of the mutual covenants hereinafter made, City and Company hereby agree as follows: 1. Representations and Warranties of Citv. The City represents and warrants to Company that the Oity is a municipal corporation organized and in existence under the laws of the State of Nebraska, and is and has been duly authorized to enter into this Agreement and to carry out its obligations hereunder. 2. Representations and Warranties of Company. Company represents and warrants to the City as follows: a. Company is a corporation duly incorporated and in existence under the laws of the State of Delaware, qualified to do business and in good standing in the State of Nebraska, and is and has been duly authorized to enter into this Agreement and to carry out its obligations hereunder. b. The execution of this Agreement and the consummation of the transactions contemplated hereby and the fulfillment and compliance with the terms and conditions hereof will not violate any provision of Company's Articles of Incorporation or By-Laws and will not conflict with or result in the breach of any terms or provisions of any restriction, agreement or instrument to which it is a party or by which it is bound, or constitute a default under any of the foregoing. _ 3. Agreement to Provide Water Service. During the term of this Agreement, City will make available to the Company water service from the Water System in accordance with the following parameters: Scheduled Usage July 1, 2000 to December 31, 2000 January 1, 2001 to July 31, 2001 August 1, 2001 to December 31, 2001 January 1, 2002 to December 31, 2002 January 1, 2003 to December 31, 2003 January 1, 2004 to December 31, 2004 January 1, 2005 to December 30, 2015 4.8 Million Gallons Per Day ("MGD") 5.0 MGD 5.7 MGD 6.2 MGD 7.7 MGD 7.7 MGD 10.0 MGD In addition to the above Scheduled Usage, as and to the extent available, the City may, in its discretion, make additional service available to Company subject to the payment by Company 2 of "Additional Payments" as described below. Company may, in turn, make available to Third Parties a portion of the Scheduled Usage and such additional service, provided that such Third Parties may only use such flows for their operations on the Real Estate. 4. Payments. For and in consideration of the City's agreement to make the Scheduled Usage available to the Company, Company agrees as follows: a. Minimum Pavments. Company shall pay to the City, on the first day of each calendar month beginning with the month of July of 2000, and continuing until December 30, 2015, minimum payments (each, a "Minimum Payment") in the amounts set forth on Exhibit "C" attached hereto. b. Billing Statements; Additional Payments. The City shall provide to the Company a regular monthly billing statement (each, a "Billing Statement") setting forth the actual quantity of water used by the Company at the Real Estate (including usage by Third Parties) during the preceding billing cycle (the "Actual Usage"), together with a statement of the amount (the "Monthly Billing Amount") which would be billed to the Company for the Actual Usage based on a rate of 45.0 cents per One Hundred Cubic Feet of water (the "Billing Rate") provided to the Company. In the event the Monthly Billing Amount exceeds the Minimum Payment for such period, the Company shall pay to the City the difference between such Monthly Billing Amount and such Minimum Payment (each such payment, an "Additional Payment"), such Additional Payments to be made within 15 days of the date of such Billing Statement. In the event that the Monthly Billing Amount is-less than the Minimum Payment for such period, no Additional Payment shall be due, and the Company shall not be entitled to any refund or credit. c. Payment Adjustment. In the event of a general rate increase to all users of water services from the plant, the Minimum Payments and the Billing Rate shall be increased by the same percentage as such general rate increase. Nothing provided herein shall be construed to require City to provide to Company any water service in excess of Scheduled Usage. Water service beyond Scheduled Usage may be supplied by City to the Company at the City's discretion, as and when the same is available. 5. Payment Obligations Unconditional. Minimum Payments and Additional Payments shall be payable without setoff, deduction or abatement, in such amounts and at such times as are set forth above. Company agrees that Minimum Payments and Additional Payments shall be due and payable as stated herein regardless of the quantity of water actually used by the Company at the Real Estate (including usage by Third Parties) (even if less than the Scheduled Usage, or even if Company should cease operations at the Plant). Minimum Payments and Additional Payments shall continue to be due and payable as stated herein notwithstanding the existence or 3 continuation of any City Default (as defined below), so long as: (a) the 21-day grace period provided for in Section 8 has not expired; or (b) City has commenced to cure such default within such 21-day grace period and is diligently pursuing completion of the same; or (c) such City Default is due to any natural disaster, act of God, strike or labor dispute, civil disturbance, terrorism, the imposition of material restrictions or requirements by or under new federal or state environmental legislation, or other cause beyond the reasonable control of the City. 6. Events of Default b~pany. Each of the following shall constitute a default by the Company under this Agreement (each, a "Company Default"): a. Should Company fail to make any Minimum Payment, Additional Payment, or other payment due under this Agreement as and when the same is due; b. Should Company fail to comply with any other provision of this Agreement; c. Should any representation of Company contained in this Agreement be or become false or misleading in any material respect. 7. Remedies of Cit~Upon Com~any's Default. In the event of a Company Default: a. City may take all actions permitted by law and this Agreement to collect any sums due under this Agreement, and may take all actions permitted by law to enforce any non-monetary provision of this Agreement; b. In the event of a Company Default based on Company's failure to pay any Minimum Payment, Additional Payment or other sum due hereunder as and when the same is due, City may declare immediately due and payable, an amount sufficient to pay off, redeem or defease the following described Bonds and Loan: (i) All of the Bonds (as defined in Section 10), including principal, accrued interest and redemption premium, if any, PLUS, (ii) The total outstanding balance of principal and interest under Nebraska Department of Environmental Quality Drinking Water State Revolving Loan Program Proj ectlLoan No. D311007 (hereinafter referred to as "the Loan"), the original principal amount of which was in an amount of up to $6,815,700.00; LESS (iii) The amount set forth on Exhibit "D" attached hereto and incorporated by this reference herein, corresponding to the date of default. 4 In addition to the payment calculated pursuant to 7(b)(i), (ii) and (iii) set forth above, Company shall also pay all other reasonable costs and expenses incurred by the City in connection with the payoff, redemption or defeasance of the Bonds and the Loan, including, without limitation, attorneys' fees and fees of accountants and consultants (all of such sums are herein collectively referred to as the "Defeasance Payment"). Notwithstanding the foregoing, the Defeasance payment shall not exceed $11,500,000. c. In the event that any Company Default (other than a Company Default described in Subsection (a) of Paragraph 6): (a) shall continue for a period exceeding 21 days (or, in the event that such default is of a nature that it cannot reasonably be cured within such 21-day period, shall continue beyond such time as is reasonably necessary to cure such default); or (b) shall occur on more than two occasions in any twelve-month period; then Company shall immediately pay to City the Defeasance Payment and City may, at its option, terminate this Agreement. 8. City's Default. In the event of any default by the City in the performance of its obligations under this Agreement (each, a "City Default") which is not cured within 21 days after written notice from Company (or, in the event that such default is of a nature that it cannot reasonably be cured within such 21-day period, and so long as the City commences to cure such default within such 21-day period and thereafter diligently pursues the same to completion, within such time as is reasonably necessary to cure such default), Company's sole and exclusive remedy shall be to pursue specific performance or mandamus of the City's obligations hereunder as and to the extent permitted by law. Company hereby expressly waives any and all claims for damages against City in the event of any City Default. 9. Company's Records and Reports. For purposes of monitoring Company's compliance with this Agreement; Company agrees to permit the City to have access to all records relating to usage of water by Company and Third Parties under this Agreement, and to provide to City (or, with respect to matters concerning Third Parties, cause to be provided to City), upon request, a certified statement signed by a qualified Registered Professional Engineer showing compliance with the provisions of this Agreement. Upon request, Company shall also furnish to City such information and/or documents as are reasonably necessary for purposes of confirming any representation made or action to be taken by the Company hereunder, or the existence or nonexistence of any Company's Default hereunder. Company shall also provide to City copies of all notices, requests for information, and other documents and correspondence received from any Third Party or governmental entity relating to the Plant or the Actual Usage. 10. Required Disclosures. Company acknowledges that the City's interest in this Agreement will be pledged and assigned as security for certain bonds (the "Bonds") to be issued by the City to finance the construction of the Improvements and/or to refinance, redeem or 5 defease outstanding bonds or indebtedness for the Water System. To assist the initial purchaser of the Bonds in complying with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission, it is necessary for Company to undertake, as an "obligated person" under the Rule, to provide to the City certain information in accordance with the requirements of the Rule. Accordingly, during the term of this Agreement, Company shall provide to the City such information as is reasonably necessary to satisfy the requirements of the Rule, including, without limitation, Company's annual audited fmancial statements in the form set forth in Schedule 10 attached hereto. Company shall have the right to review copies of the Bonds and a copy of the City's ordinance authorizing the issuance of the Bonds. 11. Term and Termination. This Agreement shall be effective as of the date first above written and shall continue in effect until the 1 ~` day of January, 2016, at which time the City's obligation to provide water service under the terms of this Agreement shall cease. This Agreement may be terminated by the City at any time prior to the commencement of construction of the Improvements in the event that: (a) it is determined that the actual cost of completion of the Improvements exceeds $7,000,000; (b) the City is unable to obtain necessary permits, licenses, easements or other approvals for the construction of the Improvements notwithstanding the City's reasonable best efforts to obtain the same; or (c) the City does not receive from the Nebraska Investment Finance Authority volume cap allocation for the Bonds in an amount not less than $11,500,000. In the event of termination of this Agreement under (a) or (b) or (c) above, the parties shall equally. share the amounts actually expended by the City in connection with the Improvements, including, without limitation, sums actually expended or committed for design, engineering, permits and approvals, and right-of--way acquisition. At any time on or after July 1, 2000, Company may terminate this Agreement by making payment to the City in the amount of the Defeasance Payment. 12. Indemnity. Company shall indemnify and hold the City and its officials, council members, and employees harmless from and against any and all loss, damages, claims, demands, actions, causes of action, penalties, fines, fees, judgments, costs and expenses, of any nature whatsoever, incurred by the City and arising in connection with, or incident to, Company's usage of water by the Company or Third Parties under this Agreement or Company's breach of this Agreement. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement. 13. Effect on Other Agreements. a. The Company and the City have previously entered into an Estoppel Agreement, dated as of May 2, 1994 (the "Estoppel Agreement"), pertaining to water service for the Plant. This Agreement supersedes and replaces said Estoppel Agreement in its entirety, and neither the Company nor the City shall have any obligations under said Estoppel Agreement from and after the effective date of this Agreement. 6 b. T'he Company and the City have previously entered into an Agreement dated February 1, 2000 (the "Cost Sharing Agreement"), concerning the sharing of certain costs relating to the design of the Improvements. In the event that the Bonds are issued, all sums due under the HDR Agreement (as defined in the Cost Sharing Agreement) will be paid by the City from Bond Proceeds. In the event that the Bonds are not issued or the Improvements are not completed, such costs will be shared as provided in the Cost Sharing Agreement and, in the event that such costs have been paid by the City from its own funds, Company shall reimburse the City for the Company's share promptly upon demand. 14. Miscellaneous a. Notices. Any notice under this Agreement shall be in writing and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail, certified or registered mail, postage prepaid, return receipt requested, directed to the parry or parties at its or their respective addresses set forth above. Any party may. change its address for notices under this Agreement by giving formal written notice to the other parties specifying that the purpose of the notice is to change the party's address. b. Governing Law. This Agreement has been delivered to City and accepted by City in the State of Nebraska, and shall be governed by and construed in accordance with the laws of the State of Nebraska. c. Assi~ ent. This Agreement may not be assigned by either party without the express written consent of the other party;. brovided, however, that the City may assign this Agreement without consent to aproperly-permitted successor operator of the Water System and the City may also assign or pledge its interest in this Agreement in connection with the issuance of the Bonds and the Loan. Company may assign this Agreement to any successor operator of the Plant without the consent of the City, provided that (a) Company shall provide written notice to City at least sixty (60) days prior to the effective date of such assignment, and (b) Company agrees that Company shall remain fully and primarily liable under this Agreement notwithstanding any such assignment or the assumption by the assignee of any or all of Company's obligations hereunder. d. Paragraph Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. e. Severabilitv. If a court of competent jurisdiction fords any provision of this 7 Agreement to be invalid or unenforceable as to any person or circumstances, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. f. Binding Effect: Successors and Assigns. Subject to the limitations on assignment stated in this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, legatees, devisees, personal representatives, successors and assigns. g. Time of the Essence. Time is of the essence of this Agreement. h. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. i. Entire Agreement Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless made in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. j. Citv Authorization. The execution of this Agreement by the City was authorized by resolution of the City Council of the City duly adopted on sane 2~'- , 2000. IN WITNESS WHEREOF, Company and City have executed this Agreement, effective as of the date first above written. (SEAL) ATTEST: ~ ~ f 1.~. Name: `$~enda I ~v ~m'~ CITY OF BLAIR, NEBRASKA By: Name: .Michael ~ i(le~ Title: ~ a.VO~ 8 Title: C~ ~\ ~.2r K .TED (SEAL) ATTEST: Name: ~ Title: ,C~ e y sy: Name: /~~ ~~R T Title:.. ~ ~ ®~p~~T'rG:~l.S/~~,rC/n/~~~/~'~J Ezhibit "A" TRACT A: The North Half of the Northwest Quarter (N'/2 NWl/4) and Tax Lot Ten (10) in Section Eighteen (18), Township eighteen (18) North, Range Twelve (12) East of the 6~' P.M., Washington County, Nebraska.. TRACT B: Tax Lot 237 in Section Thirteen (13), Township Eighteen (18) North, Range Eleven (11) East of the 6~' P.M., Washington County, Nebraska. TRACT C: The Northwest Quarter of the Southeast Quarter (NW'/4 SEl/4); the Southeast Quarter of the Northwest Quarter (SEl/a NWl/a); Tax Lots Thirty-Eight, Forty-Six, Thirty-One and Thirty-Two all in Section Eighteen (18), Township Eighteen (18) North, Range Twelve (12) East of the 6`~ P.M., Washington County, Nebraska. TRACT D: Tax Lot One (1) in Section Seven (?), Township Eighteen (18) North, Range Twelve (12) East of the 6~ P.M., Washington County, Nebraska. TRACT E: Tax Lot Two (2) in Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the 6~' P.M., Washington County, Nebraska TRACT F: Lot Two (2), Cargill Subdivision 1, Washington County, Nebraska TRACT G: The Northwest Quarter of the Southwest Quarter (NWl/a SWl/a) and Tax Lot Sixteen (16) all in Section Seventeen (17}, Township Eighteen (18) North, Range Twelve (12) East of the 6~' P.M., Washington County, Nebraska. TRACT H: Tax Lot Eighteen (18) in Section Seventeen (17), Township Eighteen (18) North, Range Twelve (12) East of the 6`~ P. M., Washington County, Nebraska. TRACT I: Tax Lot Nineteen (19) in Section Seventeen (17), Township Eighteen (18) North, Range Twelve (12) East of the 6`" P.M., Washington County, Nebraska. TRACT J: Tax Lots Twenty-Eight, Twenty-Nine, Thirty and Thirty-Three (28, 29, 30 & 33) all in Section Eighteen (18), Township Eighteen (18) North, Range Twelve (12) East of the 6`'' P.M., Washington County, Nebraska. Ezhibit "B" "Improvements" Legal Description (Water Treatment Plant): Taz Lot 14 in Section 5, Township 18 North, Range 12, East of the 6"' P.M., Washington County, Nebraska, AND Taz Lot 5 in Section 6, Township 18 North, Range 12, East of the 6tb P.M., Washington County, Nebraska. Description of Work to be Done City is expanding water treatment capacity to an estimated capacity of 14.0 MGD. Expansion shall include the installation of high service pumps for the purpose of providing Cargill and Third Parties industrial water service at higher anticipated levels and also providing the balance of the City water service with interconnection for fire and emergency flow. Ezhibit "C" "Minimum Payments" Minimum Monthly Payments From July 1, 2000 through December 31, 2000 January 1, 2001 through July 30, 2001 August 1, 2001 through December 31, 2001 January 1, 2002 through December 31, 2002 January 1, 2003 through December 31, 2003 January 1, 2004 through December 31, 2004 January 1, 2005 through December 31, 2005 January 1, 2006 through December 31, 2006.. January 1, 2007 through December 31, 2007 January 1, 2008 through December 31, 2008 January 1, 2009 through December 31, 2009 January 1, 2010 through December 31, 2010 January 1, 2011 through December 31, 2011 January 1, 2012 through December 31, 2012 January 1, 2013 through December 31, 2013 January 1, 2014 through December 31, 2014 January 1, 2015 through December 31, 2015 Minimum Monthly Payment Amount $106,650.00 $111,100.00 $126,650.00 $137,750.00 $171,000.00 $171,000.00 $222,100.00 $222,100.00 $222,100.00 $222,000.00 $222,000.00 $222,000.00 $222,000.00 $222,000.00 $222,000.00 $222,000.00 $222,000.00 Ezhibit "D" Date Amount May 1,.2001 through Apri130, 2002 $1,505,000 May 1, 2002 through Apri130, 2003 $1,410,000 May 1, 2003 through Apri130, 2004 $1,315,000 May 1, 2004 through Apri130, 2005 $1,215,000 May 1, 2005 through Apri130, 2006 $1,100,000 May 1, 2006 through Apri130, 2007 $1,005,000 May 1, 2007 through Apri130, 2008 $ 890,000 May 1, 2008 through Apri130, 2009 $ 770,000 May 1, 2009 through Apri130, 2010 $ 645,000 May 1, 2010 through Apri130, 2011 $ 515,000 May 1, 2011 through April 30, 2012 $ 385,000 May 1, 2012 through Apri130, 2013 $ 240,000 May 1, 2013 through Apri130, 2014 $ 90,000 May 1, 2014 $ - 0 - Schedule 10 .. RESOLUTION N0.2000- 27 COUNCILMEMBER R~ INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska Emergency Management Agency (hereinafter referred to as "NEMA") sponsors a program for buy out of residential dwellings located in emergency water shed areas. WHEREAS, Robert L. Hollingshead and Cynthia Hollingshead are the owners of a residential dwelling located on Tax 513 in Section Eleven (11), Township Eighteen (18) North, Range Eleven (11) East of the 6~' P.M., City of Blair, Washington County, Nebraska (hereinafter referred to "Hollingshead property"). WHEREAS, as part of the NEMA Program, it is necessary to have local participation in an amount up to twenty-five percent (25%). BE IT RESOLVED that the Mayor and City Council of the City of Blair, Nebraska, do hereby authorize the Mayor and City Clerk of the City of Blair, Nebraska to execute the necessary application and/or contract with the Nebraska Emergency Management Agency for participation in buy out of the Hollingshead property; provided however the financial contribution from the City of Blair, Nebraska shall be in an amount equal to 8.33% of the total cost of the buy out of the Hollingshead property, removal of the dwelling, and clean up and final grading of said real estate, and furthermore, the total contribution from the City of Blair, Nebraska, will not exceed the sum of Fifteen Thousand Dollars ($15,000.00). BE IT FURTHER RESOLVED that the Mayor and City Council of the City of Blair, Nebraska authorize the execution and delivery of the NEMA Application/Agreement attached hereto, marked Exhibit "A' and incorporated by this reference herein. BE IT FURTHER RESOLVED, that the Mayor and City council of the City of Blair, Nebraska authorize the execution and delivery of the Agreement with Robert and Cynthia Hollingshead which is attached hereto marked Exhibit "B" and incorporated by this reference herein. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER gYAN .UPON ROLL CALL, COUNCIL,MEMBERS ~~, RFAT.PA, SHOTWEI.L, LICMANIGAL, ABBOTT, RYAN, BOERA FANOELE-ABSTAINED VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25th DAY OF JULY, 2000. CITY OF BLAIR, NEBRASKA ATTEST: ~~ BRENDA R. TAYLOR, TY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BY MI HAEL A. ~ S, YOR 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 at a regular meeting of the Mayor and City Council of said City held on the 25th day of July, 2000. n , ,~` ~,~' - ~ ~ BRENDA R. TAYLOR, Y CLERK AGREEMENT This Agreement made by and between the City of Blair, Nebraska, hereinafter referred to as "City", and Robert L. Hollingshead and Cynthia Hollingshead hereinafter referred to as "Hollingsheads". Whereas, City has been requested by Hollingshead to participate in a program sponsored by the Nebraska Emergency Management Agency (NEMA) in which funds are available to buy out residential dwellings. in emergency water shed azeas. ,~ .s Now therefore, for and in consideration of the foregoing recital. and the mutual covenants herein, the parties hereto agree as follows: I. Purpose The purpose of this Agreement is to provide for cooperative undertakings between the City and Hollingsheads in regard to the sharing of the local participation in the buy out of the Hollingshead residence located on Tax 513 in Section Eleven (11), Township Eighteen (18) North, Range Eleven (11) East of the b~' P.M., City of Blair, Washington County, Nebraska (hereinafter referred to "Hollingshead real estate"} II. B~ Out. City has made application to NEMA for participation in emergency funds for the buy out _: .~, _. of the Hollingshead real estate and as part of such program. Under the program, it is necessary for local participation in an amount equal to twenty-five percent (25%) of the cost of the buy out, removal of improvements, and clean up and final grading of the Hollingshead real estate. The parties hereto agree that the twenty-five (25%) local sharing of the project. costs shall be divided as follows: a. City Ex en nse: The City shall pay and be responsible for $.33% of the total cost of the buy out of the Hollingshea.d. real estate, costs associated with removal of any improvements thereon, and costs associated with the back filling and final grading of the Hollingshead real estate; provided however, in no case shall the total amount paid by the City exceed the sum of Fifteen Thousand Dollars ($15,000.00), without the express written approval of City. b. Hollingshead Contribution/Hold Harmless: (i) Hollingsheads shall pay and be responsible for and hold City harmless ~:, ;~ from 16.67% of the total costs of the buy out of the Hollingshead real estate, costs associated with removal of any improvements thereon, and costs associated with the back filling and final grading of the Hollingshead real estate; (ii) Hollingsheads do hereby release and hold City harmless from any costs or expense associated with the buy out of the Hollingshead dwelling, the removal of any improvements thereon, and costs associated with the back filling and final grading of the Hollingshead real estate incurred in this project which exceeds an amount equal to the lesser of 8.33% of the total cost thereof or Fifteen Thousand Dollars ($15,000.00); and (iii) Hollingsheads further agree to pay into an escrow account, established or approved by City, the total amount of Hollingshead share of the buy out, the removal of any improvements thereon, and costs associated with the back filling and final grading of the Hollingshead. real estate on or before the date on which the buy out occurs. c. Bin ' Effect: This Agreement shall be binding upon and inure to the benefit + O ~ of the parties, their heirs, successors and assigns hereto. CITY OF BLAIR, NEBRASKA B d. MICHAEL A. MINES, MAYOR '~ ~~~~~~~ BRENDA R TAYLOR, ITY CLERK ~~-~. +~ , 'y COUNCILMEMBER SHOTWELL INTRODUCED THE FOLLOWIN RESOLUTION: RESOLUTION NO.2000-28 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: Section 1. The City Council hereby finds and determines that notice of public hearing has been published in the Pilot-Tribune on August 3, 2000, and that a public hearing pursuant to said notice has been conducted by the City Council and pursuant to such public hearing the City Council hereby approves issuance by the City of its revenue bonds in accordance with the following information: (a) The proceeds of the bonds to be issued are to be used to refund certain bonds previously issued by the City described as follows: (i) Water System Revenue Bonds, Series 1996, Date of Original Issue-June 15, 1996, issued pursuant to Ordinance No. 1783 of the City, in the original principal amount of $3,050,000, of which bonds in the principal amount of $1,990,000 remain outstanding and unpaid; and (ii) Water System Revenue Refunding Bonds, Series 1999, Date of Original Issue-January 15, 1999, issued pursuant to Ordinance No. 1867 of the City, in the original principal amount of $1,700,000, of which bonds in the principal amount of $1,600,000 remain outstanding and unpaid; which bonds were issued for the purpose of financing or refinancing (a) costs associated with the acquisition and installation of certain improvements and extensions to the water plant and distribution system of the City (the "Water System', said water plant .being located at 742 Fairview Drive, in Blair, Nebraska, and said distribution system being located throughout the service area of the City (such improvements anal extensions include water service lines and other improvements serving the corn processing plant operated by Cargill, Incorporated, located at or about 650 Industrial Road, in Blair, Nebraska, such service lines being located within certain public rights of way described as follows: Beginning at the City's water plant at 742 Fairview Drive, Blair, Nebraska, and continuing west along Fairview Drive approximately 300 feet to a County right-of- way, then continuing south along said County right-of--way to Industrial Road, and continuing south along Industrial Road to the Cargill facility at 650 Industrial Road); and (b) a portion of the costs associated with the acquisition and construction of amulti-purpose utility building owned and operated by the City. located at ?42 Fairview Drive, in Blair, Nebraska. (b) The maximum aggregate face amount of obligations to be issued in connection with such project is $3,900,000. 2 s t . ,`'R f COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO.2000-29 BE IT RESOLVED by the Mayor and Council of the City of Blair, Nebraska: Section 1. The following bonds, in accordance with their option provisions, are hereby called for payment on June 15, 2001, after which date interest on the bonds will cease: Water System Revenue Bonds, Series 1996, of the City of Blair, Nebraska, dated June 15, 1996, in the principal amount of $1,990,000 (the "1996 Bonds"), numbered as shown on the books of the Paying Agent and Registrar for said bonds, becoming due and bearing interests as follows: Pri~pal Amount Ma rity Date Interest Rate $305,000 June 15, 2002 4.85% $320,000 June 15, 2003 5.00% $340,000 June 15, 2004 5.10% $355,000_ June 15, 2005. 5.25% $375,000 June 15, 2006 5.40% Section 2. Said bonds shall be presented for payment at the office of the City. Treasurer of the City of Blair, Nebraska, as Paying Agent and Registrar for said 1996 Bonds. Section 3. A copy of this resolution shall be filed immediately with said Paying Agent and Registrar and with the Auditor of Public Accounts not less than thirty days prior to said date fixed for redemption. Said Paying Agent and Registrar is hereby irrevocably directed to mail notice to all registered owners of the bonds to be redeemed not less than thirty days prior to the date faced for redemption in accordance with their authorizing ordinance. PASSED AND APPROVED this 22nd day of August, 2000. ATTEST: CX~ ~~ ~L Ci Clerk 1 Mayor 4 "~ Motion by Council Member. Boeka, seconded by Council Member McManigal for adoption of said resolution, and upon roll call vote the following voted AYE: Boeka, Waite, McManigal, Abbott, Shotwell and Fanoele. The following voted NAY: None. The passage of said resolution having been consented to by more than a majority, the Temporary Acting Mayor declared said resolution duly passed and adopted. 5 s ~ ~ COUNCILMEMBER MCMANIGAL INTRODUCED THE FOLLOWING RESOLUTION: RESOLUTION NO.2000-30 BE IT RESOLVED by the Mayor and 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 15, 2004, after which daze interest on the bonds will cease: Water System Revenue and Refunding Bonds, Series 1999, of the City of Blair, Nebraska, dated January 15, 1999, in the principal amount of $1,600,000 (the "1999 Bonds', numbered as shown on the books of the Paying Agent and Registrar for said bonds, becoming due and bearing interests as follows: rP~n` citial Amount Maturity Date Interest Rate $100,000 May 1, 2004 4.00 $105,000 May 1, 2005 4.05 $105,000 May 1, 2006 4.10 $115,000 May 1,2007 4.20 $120,000 May 1, 2008 4.30 $125,000 May 1, 2009 4.40 $130,000 May 1, 2010 4.50 $130,000 May 1, 2011 4.60 $145,000 May 1, 2012 4.70 $150,000 May 1, 2013 4.80 $ 90,000 May 1, 2014 4.90 Section 2. Said bonds shall be presented for payment at the office of the City Treasurer of the City of Blair, Nebraska, as Paying Agent and Registrar for said 1999 Bonds. Section 3. A copy of this resolution shall be filed immediately with said Paying Agent and Registrar and with the Auditor of Public Accounts not less than thirty days prior to said date fixed for redemption. Said Paying Agent and Registrar is hereby irrevocably directed to mail notice to all. registered owners of the bonds to be redeemed not less than. thirty days prior to the date fixed for redemption in accordance with their authorizing ordinance. PASSED AND APPROVED this 22nd day of August, 2000. ATTEST: City Clerk ''May r 6 ~ a, - Ys Motion by Council Member Shotwell, seconded by Council Member Fanoele for. adoption of said resolution, and upon roll call vote the following voted AYE: Boeka, Waite, 1VIcManigal, Abbott, Shotwell and Fanoele. The following voted NAY: None. The passage of said resolution having been consented to by more than a majority, the Temporary Acting Mayor declared said resolution duly passed and adopted. 7 RESOLUTION NO.2000-31 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS; pursuant to Neb. Rev Scat. 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 BLAII2, NEBRASKA that the Mayor and. City Council have reviewed Re~lution No.l, adopted by the Blair Airport Authority on August 15, 2000 and do hereby approve the Levy request of 1.6161 cents per one hundred dollars of a~ctuaY valuaxion. COUNCILMEMBER SHOTWELL MOVED -THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS FANOELE, SHOTWELL, ABBOTT', BOEKA, MC1VIAl~IIGAL AND WAITE VOTING "AYE"; ANQ COUNCII.MEMBERS NONE VOTING `STAY", TTY .MAYOR DECLARED ~ THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22~ DAY ~}F AUGUST 2000. CITY OF BLAIR, NEBRASKA ATTEST: r// ~~~' 1, ~r Brendan. Taylor, Ci: lerk (SEAL) STATE. OF NEBRASKA ) ss WASHINGTON COUNTY'. ) BY Michae A. Mines, or Brenda R, Taylor, hereby certifies that .she is the duly appointed, qualified and acting City Clerk of the City of Blafr, 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 22'~ day of August, 2000. Brenda. R. Taylor City erk S' RESOLUTION N0.2000- 32 COUNCTLMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a .special public hearing was held as required by law to hear and consider comments concerning the property tax request for the .current year for the City of Blair, Nebraska; and WHEREAS, it is in the best interests of the City of Blair that the property tax request for the current year ~ a different amount than the property tax request for the prior year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAIlZ, 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, 2000, be set at $.345087 per one hundred dollars of valuation for the City of Blair and is allocated as follows: Levy Per Hundred Dollars of Valuation (1) General Fund $.242145 (2) Street Fund $.083906 (3) Debt Service Fund $.019036 (2) -The property tax request for the Blair Airport Authority for the fiscal year beginning October 1, 2000, be set at $.016161 per one hundred dollars of valuation for debt service; and (3) The City Clerk certify and forward a copy of this Resolution to the County Clerk prior to October 14, 2000. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS WAITS, REALPH, SHOTWELL, BOEKA, ABBOTT AND RYAN VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12~ DAY OF SEPTEMBER, 2000. ~. a CITY OF BLAIR, NEBRASKA BY CHAEL MIlVES, MAYO ATTEST: BRENDA RTAYLOR, TY'CLERK (SEAL) STATE OF NEBRASKA ) as: V~ASHINGTON 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 Councd of said City, held on the 12~' day of September, 2000. ~GL~ BRENDA R TAYLOR, CI CLERK RESOLUTION N0.2000 - 33 COUNCII,MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlt, NEBRASKA that the dedicated street right of way beginning at the west lot line of Lot 6, Block 4 and extending easterly to the intersection of Rambleridge Drive, all in Oak. Park First Addition, Washington County, Nebraska is hereby named Cook Drive. COUNCILMEMBER RYAN MOVED .THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER MCMANIGAL. UPON ROLL CALL, COUNCII.,MEMBERS WRITE, MCMANIGAL, REALPH, SHOTWELL, ABBOTT, RYAN, AND BOEKA VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12~ DAY OF SEPTEMBER, 2000. CITY OF BLAIR, NEBRASKA .,s- Y `MICHAET, S, MAYOR ATTEST: BRENDA R TAYLOR, Y CLERK (SEAL) STATE OF NEBRASKA ) } as: WASHINGTON COUNTY } BRENDA R. TAYLOR. hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City ofBlair, 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 12~ day of September, 2000. BRENDA R. TAYLOR, C CLERK ~- RESOLUTION NO.2000 - 34 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska Health anal Human Services System received a Turning Point Grant, the purpose of which is to strengthen the public health system making it more effective community-based and collaborative; and WHEREAS, the Sarpy County Commissioners are attempting to create a collaborative effort between Sarpy County, Cass County, Douglas County, and Washington County for the purpose of the promotion of health and disease prevention programs in nontraditional settings. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the City of Blair, Nebraska does hereby support the effort of Sarpy County, Nebraska and the Nebraska Health and Human Services System for an improved public health plan in Sarpy County,. Cass County, Douglas County, the City of Blair, and the remainder of Washington County, Nebraska. B~ IT FURTHER RESOLVED that the City of Blair, Nebraska does hereby allocate funds up to $1,250.00 per year for four (4) years for participation in the Turning Point Program COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNGILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPIi, SHOTWELL, MCMANIGAL, BOEKA, ABBOTT AND RYAN VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12~ DAY OF SEPTEMBER, 2000. CITY OF BLAIR, NEBRASKA By CHAEL A. MINES, MAYOR ATTEST: ~'~ ~ ~~ BRENDA R TAYLOR, CI CLERK (SEAL) STATE OF NEBRASKA ) as: 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 12~ day of September, 2000. ~~ BRENDA R TAYLOR, CIT CLERK y Proposal to the Sarpy County Commissioners to participate in the Turning Point Grant for an improved Public Health Plan INTRODUCTION: The Nebraska Health and Human Services System received a Turning Point grant from the Robert Wood Johnson Foundation in 1998. The mission of the Turning Point Program is to strengthen the public health system, making it more effective, community-based, and collaborative. There has been a recently developed Public Health Improvement Plan called Nebraska's Plan to Strengthen and Transform Public Health in Our State. The purpose of the plan and its eight major strategies is to develop a new vision for public health and a blueprint for improving the public health system. WHY SHOULD SARPY COUNTY BE INVOLVED?: 1. There is a commitment in government to assure that the constituents live in a safe, and hazard- free environment that offers a way of life that is conducive to families being healthy and happy. 2. One of the Turning Point strategies is developing innovative health promotion and disease prevention programs in non-traditional settings. Our fast growing county offers a perfect opportunity to redefine how traditional public health has been established and administered to become as efficient and effective as possible. 3. The proximity of Sarpy County as with the other proposed participating counties, Dodge, Washington and Cass, to Douglas County provides a unique setting of being not only rural with lots of green space, but on the growing edge of the metropolitan area with its opportunities and challenges that easily will spill into surrounding counties as the population grows. 4. Neither Sarpy or Cass County or Dodge and Washington County have a public health department. It has been noted that even though services are provided by Douglas County or the State, residents identify disparities of what is offered in Douglas County and what is actually available to other surrounding areas. 5. There are community efforts now such as the Our Health Community Partnership in the Douglas/Sarpy areas, the Community Health Partners of Cass County in Cass County, and the Sarpy County Planning Team here in Sarp~. They are new groups that are working to address various issues. OHCP voted to ~ phi and financially contribute to this grant effort seeing the need for unnrovement of continui of care in surroundin areas 6. This new `public health' movement maybe a systems change for public health. There will be some direct services provided but the `new' public health should be more concerned with coordinating the delivery of health services in the community and eliminating access barriers for underserved populations. 7. It is an opportunity for all of our residents to access health care and healthy prevention programs. It allows community, government, businesses, industry, the public and healthcare providers to collaborate in a team effort to improve health care for people in our counties. 8. It is an opportunity to identify what services we can't get because of the existing infrastructure as well as an opportunity to do something about the issues that face `us' in a fashion that best addresses our needs. 9. This opportunity also affords us the avenue to find out what we do best or what health issues are covered most completely in our areas. PLAN - OF -ACTION for this grant proposal: 1. Obtain support from those counties that desire to be together in such an effort. Those of us working on this effort, at this time, see a possibility with positive outcomes in combining the efforts of S~arpy, Cass, Dodge, Washington and Douglas ~ounties. 2. Support at this time is two-fold. One, write a letter of support for the efforts outlined in the Turning Point Grant. And two, allocate funds up to $2500.00 per year for four years (parameters of the grant proposal) so that the effort can determine best practice for the counties involved, to facilitate the best county resident outcomes. 3. The grant application is due on August 24, 2000. 4. When the grant application is approved by the Turning Point Committee, people will be invited to the table to discuss how to best go about the business of assessing the needs of our counties. All areas will be invited and structure will be determined by those participating. Probably, those with the most interest and knowledge will be county officials, health care providers, insurance representatives, area businesses and industry, schools, churches, service agencies, health promotion and wellness leaders, extension agencies and area residents. 5. The grant outlines the parameters of the expectations of progress on a yearly basis. Attached: a. The Turning Point Application b. Some highlights of the Nebraska Public Health Implementation Plan c. Nebraska map indicating existing local health departments f Turning Point: Nebraska's Plan to Strengthen and Transform Public. Health in Our State of Nebraska A Call for Proposals Office of Public Health The Health and Human Services System June 8, 2000 Table of Contents Introduction Focus of the Application Applicant Conditions of Participation Eligibility Availability and Duration of Funds Selection Committee Format of the Application Program Support Application Instructions Timeline Attachments • Cover Sheet • Format for the Line Item Budget • Instructions for the Budget Narrative 1 2 2 2 3 3 4 4 6 6 7 9 10 12 ~~~~ Introduction In 1998, the Nebraska Health and Human Services System received a Turning Point grant from the Robert Wood Johnson Foundation. The mission of Turning Point is to transform and strengthen the public health system and make the system more effective, community-based, and collaborative. With this grant, the Nebraska Community Health Partners Stakeholders Group and the Nebraska Health and Human Services System recently developed a Public Health Improvement Plan called Nebraska's Plan to Strengthen and Transform Public Health in Our State. The purpose of the plan is to develop a new vision for public health and blueprint for improving the public health system. The plan contains eight major strategic directions for change. However, successful implementation of these strategies is contingent upon building the public health infrastructure at the community level. Expanding the infrastructure involves developing new and stronger public health organizations that can provide a leadership role in building partnerships that will collectively address community health problems. It is envisioned that these new organizations will collaborate with new partners and focus on a broad definition of health that goes beyond the absence of disease to address the underlying factors that create a high quality of life for everyone in the community. They will assess community health needs of the entire population, develop intervention strategies and policies to meet these needs, and evaluate the effectiveness of these interventions. This process should result in a systems change for public health. These new organizations may provide some direct services as a provider of last resort, but they will be more concerned with coordinating the delivery of health services in the community and eliminating access barriers for undersenved populations. Focus of the Application The Office of Public Health is seeking applications from organizations that are interested in expanding the public health infrastructure. The ultimate goal is to develop effective and sustainable public health organizations that provide the core public health functions of assessment, policy development, and assurance. It is recognized that the "right" model or structure for public health will vary from one community to another, depending on local needs, resources, and readiness. It is highly recommended that interested applicants use the Nebraska Plan to Strengthen and Transform Public Health in Our State as a resource document in preparing a grant application. The plan can be viewed on the following web site: www.hhs.state.ne.us/pub/tptor.htm or by contacting Dave Palm or Mary Munter. Their telephone numbers and a-mail addresses are shown on page 7 of this application. Applicant Conditions of Participation Organizational entities applying for funding must meet the following conditions: 1) The geographical area must include a minimum of four counties. Each county can only be part of one application. If local public health depanfinents are involved, at least two of the counties must not have formal departments. In order to demonstrate commitment, lettexs of support must be included from each county. 2 2) A formal organization (e.g., a political subdivision or a 501(c)3 non-profit corporation) must be established by the end of the first year. If the applicant does not have a formal organization already established, it must identify a fiscal agent which is a political subdivision or a 501(c)3 non-profit corporation. 3) It must have a boazd or coalition that represents all of the major segments of the geographic azea. The coalition must include representatives from entities that directly and indirectly influence the area's health and at least one representative from each county. 4) There must be a dedicated full-time staff coordinator to organize the activities of the multi-county collaborative. The staff person must be identified within 120 days after the funding has been awarded. Grant dollazs do not have to be used to fund this position. 5) A needs assessment must be conducted within the first 18 months, followed by the development of a Local Public Health Improvement Plan focusing on systems change by the end of the second year. The plan must identify high priority needs and appropriate intervention strategies to meet those needs. The plan must also contain strategies for addressing the needs of racial/ethnic minorities and other underserved populations in the azea. 6) By the end of yeaz three, a work plan must be developed to identify how the formal organization will work to provide all of the local activities under the core functions of public health (assessment, assurance, policy development). These activities are listed on Pages 35-42 of Nebraska's Plan. 7) By the end of year two, a system that uses performance indicators must be developed to track the progress and impact of the strategies. This system will be used as the community report card to demonstrate improvements in the health of the community. 8) A concerted effort must be made to find outside potential funding sources to implement strategies identified in the Local Public Health improvement Plan. 9) By the middle of yeaz four, the organization must identify how it will be sustained after the grant funds are no longer available. Eligibility Any community organization that can meet the above requirements is eligible to apply for funding. This is a competitive process and only four multi-county organizations will be selected. 3 Availability and Duration of Funds Each of the four new organizational entities will receive $30,000 per year for four years. This funding includes $15,000 from the new Robert Wood Johnson Foundation implementation grant and $15,000 from the state. The local organizational entity must provide a minimum of $10,000 per year in cash match. Satisfactory progress must be demonstrated in year one in order to receive funds in years two through four. The grant funds may be used to support at least one full- time staff salary, community surveys, travel for staff and coalition members, data processing, office supplies, printing, and implementation projects. Grant funds may not be used for lobbying or to directly subsidize individuals for the cost of health care. Grant funds for indirect costs or overhead expenses are limited to ten percent. A detailed budget and budget narrative must be included in the proposal. Grant funds will be distributed in equal amounts every six months unless the organizational entity provides a justification for an alternative funding cycle. The organizational entity must submit a bi-annual financial report and a written narrative. Selection Committee Turning Point staff, in coordination with the Nebraska Community Health Partners Stakeholders Group, will establish a Selection Committee to review the applications and recommend which organizational entities should be funded. The recommendations of the Selection Committee will be submitted to the HHSS Chief Medical Officer for final selection. Format of the Application The application narrative must provide a concise and complete description of the proposed organizational entity, the proposed activities of the organization based on the core functions of public health (assessment, policy development, and assurance), and a sustainability plan. The narrative portion of the grant should be organized as follows: I. Table of Contents II. Description of the Proposed Organizational Entity (20 points) • Describe the organizational structure of the proposed entity. What type of formal organizational entity has been or will be established? • Describe the geographic area that will be covered. Are there at least four counties involved? • Describe the members of the boazd or coalition that will provide leadership and guidance to the organization. Does the boazd or coalition have representatives from all major segments of the azea, including raciaUethnic minority. representatives and representatives from each county? 4 • Include letters of support from each major organization or individual that agree to participate in the partnership. The same letter can be signed by more than one group or individual. • Describe the skills and experience of the staff or qualifications of the proposed staff. III. Proposed Activities of the Organization (25 points) • Describe why a new public health entity is needed in this area. • Describe the major components of the Local Public Health Improvement Plan and the scope of the community planning process (e.g., the needs assessment, asset mapping and resource inventory, priority setting, intervention strategies, timeframes, etc.). • Describe the process for involving the "community" in the development of the Community .Health Improvement Plan. • Describe how the plan will identify and address the needs of raciaUethnic minorities in the area. • Describe what potential sources of funding could be used to implement strategies identified in the Local Public Health Improvement Plan. IV. The Core Public Health Functions (15 Points) • Describe the major activities that the organization will focus on in years 1 and 2 (e.g., create organizational structure, hire staff, develop Local Public Health Improvement Plan, other local core function activities (see pages 35-42 of Nebraska's Plan). • Describe the local activities that will be undertaken in Years 3 and 4 (see pages 35-42 of Nebraska's Plan). V. Performance Measures and Evaluation (15 Points) • Describe the process and methods that will be used to track the progress of the implementation strategies and the overall health of the communities. For example, what specific indicators will be used? • Describe how these performance results will be disseminated and communicated to the community and policy makers. VI. Sustainability (10 Points) • Describe how the organization can be sustained at the end of the grant period. E VII. Budget and Budget Narrative (15 Points) • Include an itemized budget and a budget narrative for each year that describes the need for each budget item (see the budget format and definitions on pages 10 through 12). • Include in-kind and other direct sources of funding. Program Support The Turning Point staff will provide program management and technical assistance during the four years of the grant The state role will include activities such as assisting in the needs assessment process, providing county health profile data and other relevant data, assisting with identification of high priorities, suggesting potential intervention strategies, assisting with the evaluation process, and suggesting outside funding sources. Application Instructions 1. The completed application must include the enclosed Cover Sheet and all the sections included in the Format of the Application. The budget should be prepared according to the sample budget format contained in these materials. If any portion of the application is received after. the due date and time, it will not be reviewed. 2. The application must be typed, double-spaced on 8.1/2" by 11" size pages, with one-inch margins and a 12 point font. 3. The narrative or body of the application must not exceed 15double-spaced pages, and the total application, including supporting materials, must not exceed 35 pages. The cover sheet should be the first page of the application but is not considered part of the narrative. The pages must be numbered consecutively from the cover sheet to the last page of the application. A separate budget and budget narrative should be the first attachment in the supplementary material section. Proof of the fiscal agents' tax exempt status must be included as part of the application. 4. The applicant must submit an original plus nine (9) copies of the application and supporting materials. Please do not place the application in a binder. 5. Faxed copies will not be accepted. 6. 'The application should be mailed or hand delivered to: Office of Public Health Department of Health and Human Services 3`d Floor, Nebraska State Office Building 301 Centennial Mall South P.O. Box 95044 Lincoln, NE 68509-5044 6 7. A complete, signed application and nine (9) copies should be postmarked no later than August 24, 2000. All applications must have a return address. Timeline June, 2000 August 24, 2000 October, 2000 November, 2000 Inquiries Notice of availability of funds is distributed statewide. Deadline for submission of applications. All applications must be postmarked by August 24, 2000. Selection Committee makes recommendations to the Chief Medical Officer Awards announced Request for application materials or additional information should be directed to: Dave Palm Office of Public Health Department of Health and Human Services 3rd Floor, NE State Office Building 301 Centennial Mall South P.O. Box 95026 Lincoln, NE 68509-5026 (402)471-0146 e-mail: david.palm@hhss.state.ne.us Mary Munter or Wanda Hilton Office of Public Health Department of Health and Human Services 3rd Floor, NE State Office Building 301 Centennial Mall South P.O. Box 95044 Lincoln, NE 68509-5044 (402)471-0157 or (402)471-9644 e-mail: mary.munter@hhss.state.ne.us wanda.hilton@hhss. state.net.us 7 Attachments s Cover Sheet for the Turning Point Infrastructure Grants GRANT APPLICATION Project Title: Applicant Organization: Federal Tax Identification Number: Address: City/Zip: Phone Number: Fax: By submitting and signing this application, the applicant agrees to operate the program as described in the grant application. Name of authorized official: (please print) Signature of authorized official: Title: Project Director or contact person: Name: Title: Address: Phone: Fag• E-mail• Total Funds Requested: Financial Officer: Name: Title: Address: Phone: Fag; E-mail: 9 x. ~ W v ~ `''"' a A ~ o a w 'o H a ao ,~ o N O O w on .~ U w O W ~ W H ~ ~ Q O a u- H o U V a v ~ r Instructions for Budget Narrative Applicants must provide an explanation of the proposed budget in detail noting how estimated expenditures will. support program goals, in the proposed project. An explanation, documenting the. calculation of how the amount was. estimated, must be given -for .each item listed. Personnel Briefly describe the role and responsibilities of each position.. Benefits List a1I components of the applicant organization's official fiinge benefits rate, with individual rates by component.. Travel Explain. -the need: for all travel. Indicate persons traveling, number of days per trip, and separate in-state travel from out- of-state travel Office' Expense Itemize the expendable. items ' required for:. the: proposed project. Communication Itemize the expendable .:items `required. for the - proposed project. Contract Services Explain the need for each contractual arrangement and how these components relate to;the overall project. Other Itemize :expenses.. not captured. under, the other budget categories. Indirect Charges Indicate the amount of the indirect rate, if applicable.. Indirect costs can not exceed 14 percent. • Be sure that the budget categories and the line items-directly match the descriptions in the budget narrative. 42 -~ rn L ~ ~ ~ ~ u ~ s W a -a fr ~ q as y a ~ N a U d o ~ '~ ;~ o Q ~ 3 ~ ` a L ° d . a ~ i ~~ N Q~ 6 3 ~ d y r ~' ., ~ ~ a ao Z Q aC m ~ 0 x 3 U `~ ~.' Q • ~ T V • ^ > ti d L ~ C O 'S W - ~ Q W d W I W ~ 41 ~ d ~ ~ // Z Lim U `~ ' ~ W C ~ ~ d L L V %O a . O ' y ~ Y. U x d .. . ~ " ~ _ ~ = Z ~ a' ~ _ '~ ~. F 1- O x V • ~ J ~-- o c Z 'C o W U ~ m d a - ~_ ~ Q W x z ~ „ d i m ` ~ - °` E m < L ~ 3 ~ 3 ~ '~ m ~ m x ~ d S o ~ ~ C/) O~ ~ ~ `~ ' x w ~ m N f- s a F- ~ f a ' a ~ ~ ~ o a W ' ~ Y m == ° L f-- Q ~ x o c U ~ c ~ ~ a ~ wL y o ' Z G.. W W m ~ D D W :: _ = U s ~ O V • = y U ..x ° e ~ ~ a`3 ~ 0 s a o ~ U Z W ~ e ': r2 a+ w 7 . . ~ = a W Y M 7 _ ~ m ~ i. U 1 A °' = . O w ~, U = K a ~ y m x Nebraska Pt~Qc Health Implementation Plan Page 9 ~~ 'I t s; ', .; :' i~ y CHAPTER 3 ACTION STRATEGIES FOR CHANGE In order to address the health challenges described in Chapter 2, new and improved strategies must be developed and implemented. This chapter will outline the broad strategies that are needed to improve and expand the public health system in Nebraska. In addition to building a public health infrastructure that provides the core functions of assessment, policy development, and assurance, these strategies emphasize greater local decision-making through community assessment and planning, as well as a greater focus on prevention, enhanced quality, and accountability. The following key strategies for strengthening and transforming public health in Nebraska are listed below and are discussed in greater detail throughout the chapter. For each major strategy, specific recommended approaches are also included. Although some of the recommendafions can be implemented immediately, it may take several years before others can be implemented because it will involve major system changes at both the state and local levels. In order to be successful, new partnerships must be formed and creative financing strategies need to be.identified. KEY STRATEGIES Building the public health infrastructure at the local community levels so that the core functions can be provided throughout the stale. II. Developing new and improved partnerships between communities and the state to enhance health assessment and planning capaaty at the local level. III. Building effective strategies to meet the needs of raciaUethnic minorities and creating a culfuralfy-sensitive and linguistically appropriate public health system for health promotion, disease prevention, and medical care. IV. Developing innovative health promotion and disease prevention .programs innon-traditional settings (schools, worksites, churches, and senior centers) and making health promotion and disease prevention an integral part of the stale health and human services delivery system. V. Developing more effective monitoring and intervention strategies to protect the public from environmental health hazards and safeguard the natural environment. VI. Building an integrated health and medical care system that maintains an adequate safety net and improves aa;ess to high quality services for all people in Nebraska. VII. Improving accountability by developing and monitoring performance-based standards and- measures at all levels and in all programs. VIII. Developing and implementing a promotional campaign to increase the visibility and understanding of public health acfivities for policy makers and the general public. 'Nebraska Public Health Implementation Plan Page 33 i ANEW VISION FOR PUBLIC HEALTH As the 21~` Century begins, the vision for public health is to have healthy and productive individuals, families, and communities across Nebraska. In order to achieve this vision, strong and effective partnerships will be formed with state, local, and tribal governments, community-based coal'fions, non- profitand volunteer organizations, academic institutions, the business community, hospitals, physicians, insurance organizations, minority and environmental organizations, and many others. These partnerships will be effective in improving health status for all population groups and eliminating disparities for raciaUethnic minorfies and the other underserved populations. Financial, geographical, and cultural barriers will be eliminated through a more integrated health and medical delivery system. This system will have a greater focus on quality, accountability, and prevention. Fnally, a stronger public health infrastructure will be developed that includes more local health departments and community health system organizations. This enhanced infrastructure will provide key public health functions and activities and. support greater local decision making based on an effective community planning process. Nebraska Public Health implementation Plan Page 13 ~ CHAPTER 1 ~ THE ROLE OF PUBLIC HEALTH IN NEBRASKA INTRODUC11ON improving the health of all people in Nebraska has long been recognized as an important policy goal. In 1869, the Nebraska Legislature in its first session gave authority to cities of 3,000 or more population to establish a Board of Health. In 1891, the Legislature created a State Board of Health. These early efforts were primarily focused on controlling the spread of infectious diseases such as smallpox and influenza. Over the years public health has evolved into many areas and programs. These areas and programs pervade into several spheres of life and are aimed at improving and preserving health of all members in our community. Barry Levy, the past president of the American Public Health Association (APHA); has succinctly pointed out, "Many public health activities are invisible - you do not see them, but you see their results throughout the day.n' For example, many of us take it for granted that our drinking water is safe. Because of restaurant inspections, we can sit in anon-smoking area and can be assured that our food is safe to eat If there is an outbreak of a foodborne illness (e.g., salmonella), public health workers find the source of the contamination and minimize the adverse impact on the community. Public health agencies develop many prevention and health promotion programs to encourage us to follow more healthy lifestyles. Public health also provides a variety of direct services such as immunizations, prenatal care, breast cancer screening, well child care, nutrition, and reproductive health clinics. Most of these activities and services maintain a low profile or low visibility unless there is a major crisis. THE DEFINITION AND CORE FUNCTIONS OF PUBLIC HEALTH Public health encompasses many activities and functions and for that reason there is not a universally accepted definition of public health. In this plan, public health is defined as an organized process which protects and promotes physical and mental health and prevents disease, injury, disability, and premature death. Public health services are population-based services which are focused on improving the health status of the entire population as opposed to the treatment ofindividuals. Inaddition to a population-based focus, public health has several other unique features. Some of these include: • A focus on prevention as a prime strategy for improving and preserving health. • A collective policy decision-making process that involves collaboration among broad public interests and diverse constituencies. • Intervention strategies and health policies that are based on accurate and timely data and have a grounding in the basic sciences of epidemiology, biostatistics, environmental science, management sciences, and behavioral and social sciences. Ina 1988 report, the Institute of Medicine identified three core functions of public health.2 The core functions are the foundation of public health and they are closely linked with one another in a continuous cycle. The core functions are assessment, policy development, and assurance. The relationships between the core functions of assessment, policy development, and assurance are shown in Figure 1. Nebraska Public Health Implementation Plan Page 1 FIGURE 1 THE RELATIONSHIPS BETWEEN CORE PUBLIC HEALTH FUNCTIONS OF ASSESSMENT, POLICY DEVELOPMENT, AND ASSURANCE ~ QSSESSMENT~~ (Collection and analysis ofinformationtofdentify important problems) ~ ~~ i` ~) PUBLIC x~ai~x / ASSURANCE (Assuring that ~ppro- priateservicesare available and acces- sible tomeetthe needs \ ofthepopulation)~ Adapted from Institute of Medicine's Future of Public Health Report, 1988. ~ POLICY ~ DEVELOPMENT (Setting priorities and developing strategies based on the assessment of health needs) Nebraska P~lic Health Implementation Plan Page 2 The assessmentfunctionlnvolves the collection and analysis of information to identify important health problems: These problems may involve water quality, the use of tobacco and alcohol, or the disparity in health status between the white population and racial/ethnic minorities. Once the important health problems have been identified, the policy developmentfunctionfocuses on building coal'~tions that can develop and advocate for local and state health policies to address the high priority health issues. The assurance function makes state and local health agencies as well as health professionals (e.g., physicians responsible for ensuring that programs and services are available to meet the high priority needs of the population. These services and programs can be provided directly or through other public or private agencies. The assurance function also involves developing the administrative capacit)r to manage resources efficiently, implementing prevention and health promotion programs to modif)r individual behavior to improve commun'~ty health, and evaluating programs and services to determine the efficiency and effectiveness of these efforts. The results of measuring the impact of various intervention strategies, regulatory activities, and current health policies can be used during the next assessment process. The three core functions are discussed in greater detail in Chapter 3. THE DETERMINANTS OF HEALTH AND THE IMPACT OF PUBLIC HEALTH In order to develop healthy communities, there must be a clear understanding of the major determinants of the general health of the population. Although a healthy commun'dj+ makes high quality medical care available to everyone, there are many other factors that contribute to "good° health. Each of the major determinants of health is described below. Along with this description the potential role and involvement of public health agencies and programs is elaborated briefly.3 Socioeconomic Conditions -There is a direct relationship between many socioeconomic conditions and health status. For example, poverty, unemployment, lack of housing, and lack of education have often been associated with poorer health status in Nebraska and in other parts of the country. In addition to these challenges, many racial/ethnic minorities also face discriminatory and cultural barriers as well as Tower levels of health insurance coverage. Through systematic data collection and analysis, the role of public health is to help identify and report health problems that may be related to socioeconomic conditions. Some communities have also relied on community health nursing and public immunization clinics to assist low-income families. The Physical Environment -Many studies have documented the impact of outdoor and indoor air quality, safe drinking water, cleanup of hazardous waste sites, and food protection on the overall .health of individuals in the community. With the recent E. coli outbreaks and the environmental issues surrounding large hog conftnement operations, there is an increasing awareness about how changes in the physical environment influence health. Public health is responsible far examining and reporting the impact The public health system has a strong environmental component that is responsible for water qual"lty, food safety, radiation protection, and control of toxic substances. To protectthe health of future generations, public health should also play a role in protecting and maintaining natural resources such as the aquifer, soil, and species diversity. Part of the physical environment involves examining risk factors related to the work area. Occupational safety can involve handling chemicals on the farm or other physical or mental stressors and hazards. Lifestyle (Behavioral Risk and Protective Factors) -The health of an individual is greatly Nebraska Public Health Implementation Plan Page 3 influenced by lifestyle or behavioral risk and protective factors. Some of the negative (risk) factors include smoking, alcohol and other drug use, physical inactivity, and indulging in other risk- taking behaviors. Some of the positive (protective) factors include adoption of safety behaviors such as seat belt use, physical activity, and healthy nutrition for appropriate weight management Risk factors also include the lack of a social support system that is needed for parenting and domestic violence protection. Others include violence as well as intentional (e.g., suicide) and unintentional injuries (e.g., motor vehicle crashes). Public health programs influence lifestyle in two ways: 1) thorough analysis of data and providing information on the nature and extent of the risks (risk assessment); and 2) providing programs that promote healthy behaviors. (Health Communication, Health Information, Health Education, and Health Promotion). Access to and Quality of Health Care Services - In Nebraska there are significant geographic and financial barriers to health care. Many rural areas have an inadequate supply of primary care physicians and other health care professionals. Approximately 11 percent of Nebraskans are uninsured and. many more are underinsured. The percentage of uninsured is considerably higher for raciaUethnic minorities and cultural barriers are often fomvdable. In terms of access, public health sometimes provides critical health services such as immunizations, family planning, and well child care, and screening for early intervention (e.g., pap smears, breast cancer screening, prostate cancer screening). Public health also influences the qual'~jr of health care services by licensing and certifying health professionals, health services, and health care facil'dies. Genetics -Many health problems, including birth defects, mental retardation, coronary heart disease, cancer, and diabetes, are affected by varying degrees of contribution from genetic make- up.These genetic conditions may have a signficant impact on families and the increased need for various health and social services. Public health influences genetic components through the support of regional laboratories, clinics, and support services for individuals and families. In summary, there are five categories of factors that influence health. For both individuals and populations, health depends not only on medical care but also on other factors such as individual behavior and genetic make-up as well as social and economic conditions for individuals and communities. Since a broad range of factors influence health, a variety of public and private entities have a stake in or can affect individual and community health. These stakeholders, which include health care providers (e.g., physicians and hospitals), public health agencies, and community- based organizations such as community health centers and community mental health organizations, have a direct impact on health. However, many other government agencies, community organizations, private industry, and other agencies such as schools, employers, social service and housing agencies, transportation and justice agencies, and faith communities play a more implicit and indirect bu# important role in improving health a Communities that are successful in improving health involve all of the major stakeholders and work to coordinate their roles and responsibil'~ties. They also have a common understanding of the multidimensional nature of the determinants of health and ways to accommodate divers'djr in values and goals. Nebraska Public Health Implementation Plan Page 4 THE RELATIONSHIP BETWEEN PUBLIC HEALTH AND MEDICINE Historically, there has been a close working relationship between public health, with its focus on promoting healthy conditions for all populations in the community, and medicine, with .its focus on treating or restoring the health of the individual patient In the late 1800s and early 1900s, the most common health problems were infectious diseases such as tuberculosis, influenza, pneumonia, smallpox, and typhoid fever. In controlling the threat of infectious diseases, it is generally agreed that these diseases should be controlled with societal preventive action as well as individual medical care. During this period, health departments and boards of health were established at both the state and local levels to conduct and enforce sanitary measures and to maintain birth and death records, which were needed to track disease. Working in conjunction with volunteer citizen associations and local practitioners, governmental public health efforts were successful in addressing many of the important risk factors for the transmission of communicable diseases: overcrowding, poor nutrdion, inadequate sewerage systems, uncollected garbage, and contaminated water and food. The emergence of epidemiology and microbiology in the late 19th century transformed the nature of medicine and public health. In a classic application of epidemiological methods in 1854, John Snow successfully identified the source of a.cholera epidemic in London some thirty years before Sefee Koch isolated and identified the cholera virus. Methods of epidemiology investigations have since evolved and allowed for the identification of many important risk relationships, including the association between smoking and lung cancer and physical inactivity and heart disease. In the medical sector, microbiology allowed scientists to identify the causes of diseases and develop therapies (e.g., antitoxins and antibiotics) to treat patients. These discoveries dramatically increased the effectiveness of medical diagnosis and treatment In the public health sector, the new science led to targeted strategies for improving the environment Some of these initiatives involved the detection and control of bacteria in water systems, the pasteurization of milk, and the eradication of mosquitoes to control yellow fever. During this time, laboratories developed tests to diagnose infectious diseases and vaccines were~used to prevent disease. These changes enhanced the opportunities for interaction between medicine and public health. For many communicable diseases, the complementary efforts of medical practitioners and public health professionals could protectthe health of the entire community by immunizing most individuals. Laboratory tests provided by public health professionals were extremely valuable to medical practitioners. Public health also began to focus its attention on health education and maternal and child health issues. For example, well-baby clinics with home-visiting services were established to inform women about proper nutrition and childcare. Public health nurses were posted in schools to test children for eye problems and other physical impairments that might interfere with teaming. If problems were identified, referrals were made to the appropriate medical practitioners. By 1950, both the medical and public health sectors began to focus on chronic diseases such as cardiovascular disease and cancer because they had replaced infectious diseases as the leading causes of death. The medical sector addressed chronic illnesses by attempting to identify the biological mechanisms of these diseases within the body and. by effective procedures and drugs that could be used for diagnosis and treatment Public health efforts focused on using epidemiology to identify the environmental, social, and behavioral risk factors that caused chronic diseases and protective Nebraska Pr.~lic Health Implementation Plan Page 5 factors that prevented such diseases and developing population-based interventions to reduce risk factors and foster protective factors. Public health strategies also began to center on the promotion of screening, early diagnosis, and treatment For example, screenings for breast and cervical cancer can lead to early diagnosis of these conditions, and screening for hypertension and cholesterol can lead to medical treatment that helps to reduce the rise of stroke and heart disease. If problems are detected, individuals are encouraged to obtain services from medical practitioners. A second major public health strategy is to modify behaviors that make people susceptible to chronic illnesses. Counseling is provided to high-risk patients and community-wide campaigns are used as a mechanism to reinforce the advice being given by medical practitioners. Examples of these promotional efforts include tobacco control, promoting seat belt use, controlling alcohol and other drug use, and promoting exercises BENEFITS OF PUBLIC HEALTH Despite receiving only about one percent of the total health expenditures in the .United States, public health efforts have resulted in dramatic improvements in health and life expectancy during the past century. In 1997, an estimated $40 per person was spent on public health functions in the United States while about $4,000 per person was spent for medical services. It is estimated that only five of the 30 additional years of life added to life expectancy since 1900 can be attributed to medical care. The remaining 25 years are attributable to improvements in the standards of living and population-based health activities. 'Public health prevention programs can have a dramatic effect as measured by longevity, quality of I"de, and cost effectiveness. It has been esfimated that about 50 percent of all deaths before age 75 are caused by unhealthy behaviors, 20 percent by environmental factors, 20 percent by biological factors, and 10 percent by inadequacies in the health care system. The following are examples of the effectiveness of prevention and health promotion programs and activities. EFFECTIVENESS OF PREVENTION AND HEALTH PROMOTION PROGRAMS AND ACTIVITIES • The prevalence of smoking among adults in Nebraska has dropped from 28 percent in 1982 to 21 percent in 1997. In 1995, there were a total of 2,706 smoking- related deaths in Nebraska with an estimated cost of $428,304,880. without public health programs, these totals would have been considerably higher. e • Standard protection of the drinking water supply from routine infections is estimated to cost only $4,000 per year of life added, s • Water fluoridation is highly effective in preventing tooth decay. Children who five in communities with fluoridated water can expect ~ to a 60 percent reduction in the amount of cavities in their baby teeth. The reduction in dental caries for adults is nearly 35 percent. Although the cost per person of fluoridation for a Irfetime is less than the cost of a single filling, more than 650,000 Nefjraskans ~ not receive adequately fluoridated watec10 • The average blood-lead levels of children have been lowered by more than 70 percent since 1976, as the lead content of gasoline has declined, lead solder used for food cans was phased out, and other lead control measures were implemented by the public health community. " • Each year in the United States, immunization has been estimated to prevent 3.3 million cases of measles, 2.1 million cases of mumps, and 1.5 million cases of n~bella, whidi otherwise would have cyst $1.4 billion I~ Year in medical care. The cost of such efforts, including the combined MMR vaccine and treatment of arty reactions, is $100 million.' Nebraska Pt~lic Health Irr~lementation Plan _ Page 6 The bottom line is that public health is a wise investment that not only extends life expectancy, but also improves the qualify of life. Public health efforts in Nebraska and across the country have saved many lives and improved the quality of life of many individuals and the population as a whole. THE PUBLIC HEALTH SYSTEM IN NEBRASKA LOCAL LEVEL The current public health system in Nebraska consists of a state agency and 16 local health departments that cover 22 counties. The location of the local health departments and the counties servedare shown in the map in Figure 2. Two-new local health departments were recently organized in PlatteJColfax Counties. and York County. Nebraska's local health departments receive little support from the state and operate with autonomy, although there are some statutory connections. For example, local health departments must be organized with state approval, and local health directors must be confirmed by the state. There are also many contractual arrangements between state .and local health departments, most of which come in the form of individual programs. However, the state does not have the power to direct policy for local health departments. The larger health departments in Douglas, Lancaster, Hall and Scottsbluff Counties generally provide all of the three core functions and offer a variety of direct services and environmental activities. The smaller local health departments have limited staff (one or two people) and provide fewer services. Most of these provide some elements of the policy development core function and some assurance activities. At the present time, most local health departments provide only limited assessment activities and almost no .environmental or outreach programs. Health education activities are also restricted to sporadic awareness building and information dissemination activities, with very I'ittie effort in actual skill-building and behavior modfication of risk and protective factors. Unless the capacities of these agencies are strengthened, they will continue to provide only a limited number of programs. Other organizations also provide some public health activities. For example, city health departments have been organized in Hastings, Kearney, Lexington, and Norfolk, butthese entities have limited staff and focus exclusively on environmental health activities. In addition, nearly all of the community action agencies are involved in the provision of immunization, maternal and child health, and WIC programs. Hospitals also play an important role by providing screening, health education and disease prevention activities, and in some instances serve as~the coordinator for community assessment efforts. CORE FUNCTION ACTIVITIES PROVIDED BY NEBRASKA'S SMALLER LOCAL HEALTH DEPARTMENTS • Health screening clinics (primarily non- invasive,such as hypertension) • Health education and promotion activities (primarily awareness building and information dissemination) • Home health nurse and aide visits • Women, Infants, and Children (WIC) clinics • Maternal and child health visits • Well child clinics and immunization clinics • .Adult immunization clinics Recently, communit)+-based coalitions have been formed in about 35 areas across the state: These coalitions may cover a single county (e.g., Buffalo Nebraska Public Health Implementation Plan Page 7 County Community Health Partners) or they may represent amulti-county area. For example, the North Central Community Care Partnership covers a nine-county area in the north central part of the state. Although the stage of development varies considerably, most of the coal'~tions have a diverse membership and meet on a regular basis. Most are in the process of assessing the health needs in their community, but a few have developed or implemented their high priority intervention strategies. There are also many other agencies and organizations that are providing some of the public health functions and programs. Some of these include: area agencies on aging, family planning, communif~r/migrant health centers, physicians, nurses, and other health professionals, schools; the faith community; and worksite wellness programs. STATE LEVEL At the state level various public health programs are part of the newly formed Health and Human Services System (HHS System). In January of 1997, the Departments of Health, Social Services, Public Institutions, the Department on Aging, and the Office of Juvenile Services were merged together into three new agencies that are part of the HHS System. The three new agencies are Regulation and Licensure, Finance and Support, and Health and Human Services. The Department of Regulation and Licensure is responsible for the credentialing and licensing of health professionals and facilities, the state laboratory services, various environmental health programs (e.g., water safety and radiation), epidemiology, and health statistics. The Department of Health and Human Services contains many of the traditional public health programs such as immunization, family planning, WIC, maternal and child health, health promotion and education, and chronic disease prevention. This agency also includes all of the public mental health services, juvenile services, programs for the developmentally disabled, and several human service programs such as child support, economic assistance, and children and family services. Finally, the Department of Finance and Support is responsibleforMedicaid,the collection of vital statistics, and health planning activities as well as all of the majorsupportservicessuch as human resources, information systems, financial services, and legal services. Although many public health programs and services are provided throughoutthe state, several gaps still exist Building a stronger public health infrastructure at the local level is a major priority in this plan and is discussed in greater detail in Chapter 3. Nebraska Public Health Implementation Plan Page 8 'I i THE NEW ENVIRONMENT: MAJOR CHALLENGES AND OPPORTUNITIES 1 FOR PUBLIC HEALTH Dramatic and fundamental changes are occurring in the health care environment in both the public and private sectors. These changes have created new incentives to control costs, to improve quality, and to begin to shift the focus from the health of . the individual to the health of the entire community This unstable and dynamic environment has also created new opportunities for collaboration and building new partnerships. Some of the major challenges and opportunities facing public health are discussed. below. MANAGED. CARE In an effort to control medical care costs both the public and private sectors have turned to managed care. Through managed care plans, there is an opportunity to combine both the medical and financial aspects of a patients care. In the past few years, managed care plans have been very successful in controlling health care costs and reducing excess capacity by imposing large price discounts or by sh'~fting the financial risk to providers. They have also developed more effective qualii}r assurance and utilization management programs to encourage better health outcomes. As a result, providers should have stronger incentives to prevent disease from occurring in their enroAed population and the commun'~ty as a whole. The number of residents in Nebraska who have enrolled in managed care plans have increased substantially in the past five years. For example, most large employers in Nebraska now offer only managed care plans. In Nebraska's metropolitan areas, about 50 percent of the Medicaid population belong to a managed care plan. The number of the state's Medicare beneficiaries currently enrolled in managed care is low, but the number is likely to increase over the next five years. The shift to managed care offers many opportunities for public health agencies at the state and local levels. At the local level, outreach services in the home or schools can be provided. Also, local agencies can work with managed care organizations in monitoring the health of their enrolled population. Managed care organizations also have stronger incentives to offer cost effective preventive services to their enrolled population, and they should also be very supportive of efforts by public health agencies to implement community-wide preventive programs (e.g., tobacco control and promoting seat belt use). At the state level, there are similar opportunities to work with managed care organizations on monitoring -and statewide prevention programs. States can also develop statewide registries to track immunization levels in both public and private clinics. Finally, states can be involved in developing performance standards and monitoring the quality of care for the Medicaid population. PRIVATE MEDICINE AND PUBLIC HEALTH Historically, private medicine and public health have been complementary in the treatment of infectious and chronic diseases. By the 1950s, however, private medicine and public health became separated and less dependent on one another. Private medicine centers on the treatment of individuals while public health has taken a population-based approach. Factors contributing to this separation include various "turf issues (e.g., competing for the same patients), the proliferation of medical specialties, the increasing reliance on expensive medical technology, the progressive categorization and fragmentation of public health, cultural differences, greater commercialization of private medicine, greater governmental control of public health, and a growing imbalance in funding between the two sectors. Nebraska Public Health Implementation Plan Page 10 1~' 1 i 1 1 1 Dramatic changes in the health care environment are creating new opportunities for the public health and medical sectors to collaborate and work more interdependently. Both sectors are under pressure to control costs and improve performance outcomes. These are the times for greater accountabil'~ty at all levels.. Also, many of the major differences between private medicine and public health are blurring as more medical care is provided in a managed care environment As private providers assume more financial risk, there are stronger incentives to focus on health of both individual patients and the entire population. Public health agencies can use databases to analyze and monitor the health of the commun'rry as well as provide community-wide health. education and prevention programs. In additions resource constraints and new financial.incentives, there are new challenges that are forcing improved collaboration between the two sectors. For example, there is a re-emergence of diseases (e.g, tuberculosis and measles}that many thought were "conquered." New diseases are emerging, such as HIV/AIDS that can not be easily prevented or cured. "Old" diseases such as cervical cancer and peptic ulcer appear to have new and unexpected causes. There are also no easy solutions to various social problems, such as violence, substance abuse, and teen pregnancy. The number of uninsured continues to increase, creating additional barriers to obtaining health services. Fnally, major disparities in health status based on race, ethnicity, and socioeconomic health status are becoming a disturbing `norm" in Nebraska and the nation. Challenges can be overcome if the two sectors combine resources and skills. Building a strong partnership will enable both sectors to achieve benefits neither of them could achieve alone. SOCIOECONOMIC FACTORS Although socioeconomic factors such as poverty, income, and education have long been.known to have a significant impact on the health of individuals and families, public health has not aggressively addressed these issues. In the past thirty years or so, there has been a tendency to rely on the medical care model to solve social problems. For example, in this model, sexual abuse, substance abuse, and domestic violence are generally thought of as mental diseases. As a result, these social problems are given a medical diagnosis and health care providers are reimbursed for treating them. Although the medical care system has treated these conditions symptomatically, it has relatively little control over addressing the root causes and the demand for services.13 A recent study found that persons in lower socioeconomic groups are more likely to engage in risky behaviors (e.g, smoking, excessive alcohol consumption, a high body-mass index, and low physical activity level), but these behaviors explain no mare than 12 to 13 percent of the predictive effect of income on mortality. These findings suggest that there is a need to broaden the search for other factors such as hostility, depression, and social isolation.14 Another recent study supports these findings. Using.data from a California HMO, the results indicated that for those adults who lived in an environment of emotional, physical, or sexual abuse and household dysfunction during childhood were at greater risk for alcoholism, drug abuse, depression, and suicide. They were also more likely to smoke, have poor self-rated health, have 50 or greater sexua! partners, and a sexually transmitted disease. The greater the breadth of exposure to abuse or household dysfunction during childhood the greater the likelihood of chronic diseases, including heart disease, cancer, lung disease, skeletal fractures, and liver disease.15 ~Netxaska Public Health Implementation Plan Page 11 Public health has an opportunity to assume a lead role in forming broad-based coalitions to address these difficult issues. Through a rigorous assessment process, the underlying risk factors for persons in lower socioeconomic groups can be documented and monitored. Once these needs are befter defined, public health can play a role in initiating policy changes that redress the social conditions that create a poor health and disparities in health status. MINORITY HEALTH Minority populations are growing rapidly in both urban and rural parts of Nebraska:. According to the Census Bureau, the state's minority population grew by 25 percent between 1980 and 1990, and racial/ethnic minorities were found in every Nebraska county. From 1990 to 1997, the minority population. rose by 39 percent and now constitutes 10 percenf of the total population. In terms of health status, significant disparities exist between racial/ethnic minorities and the white population. For example, during the period 1993- 1997, African Americans had twice as many potential years of life lost as the white population. Native Americans experience by far the highest rate ofdiabetes-related deaths of eny raciaVethnic group, and these rates are over four times those for white Nebraskans. Teen pregnancy birth rates among teens aged 15 to 17 for Hispanics/Latinos are twice as high as for white teens. There are also several access barriers to health services for raciaVethnic minorities. Some of these barriers include language and cultural differences, Lack of health insurance, and access to transportation. 16 Public health has a responsibility to monitor and document these disparities and bamers and to ensure egalitarian participation of all the raciaVethnic minorities at all levels of the community planning process. Leaders in the minority community are in the best position to suggest appropriate culturally-sensitive intervention strategies and public health can help in the implementation of these strategies. RURAL HEAt_TH Many rural areas are considered underserved and need to develop both public health and medical systems capacity. Many areas have a shortage of physicians, nurses, mental health professionals, and many other types of health personnel. Public health can assist rural communities in the recru"drnenf and retention of health care professionals and documenting health system deficiencies. Capacity can be stabilized or improved through telemedicine, medical information, emergency medical and trauma systems, and conversion of nursing homes to assisted living facilities and hospitals to critical access hospitals. Public health can also focus on the causes of farm accidents and injuries and design preventive programs to reduce them. ENVIRONMENT The public's interest in and knowledge of environmental issues continues to increase, especially in light of the technological changes in the agricultural (e.g., the increased use of chemicals and large livestock operations) and industrial sectors (e.g., water pollution). Clean air and water, as well as food safety issues, are growing concerns of the public. There are several environmental issues that impact the health of communities. For example, the increased use of chemicals in agricultural production and the practices of large hog confinement plans pose environmental risks for the wafer and soil. Food safety outbreaks such as E.co1i threaten not only the health of consumers, but also the economic well-being of those who work in one of the state's meat processing plants. Public health can help to identify these health risks and assist communities in developing and implementing appropriate intervention strategies. Nebraska Public Health Implementation Plan Page 12 FIGURE 3 STEPS TO CREATE COMMUNITY HEALTH IMPROVEMENT PROCESS Step 1: Building a community health coalition Step 5: Developing and implementing .community health strategy Step 4: Prioritizing community health issues Step 2: Establishing a foundation for a successful community health strategy Step 3: Assessing community health Nebraska Public Health Implementation Plan Page 56 SPOT-LIGHT ON NEBRASKA COMMUNITIES The Turning Point Initiative has been committed to working with communities who have convened hospitals, private businesses, public health providers, education, human service organizations, religious institutions, and other commun'~ty organizations to conduct a needs assessment, prioritize needs, develop and implement strategies, and monitor the performance of their communit)+. The communities featured are at different stages of mobilizing and organizing the commun'~ty in their unique collaborative efforts to improve health. The two communities featured below have also received Turning Point grant funds. BUFFALO COUNTY COMMUNITY'HEALTH PARTNERS. The Buffalo County Community Health Partners (BCCHP) is a community-based initiative that began in 1995 when mere than 20 organizations were invited by Good Samaritan Health Systems to share their ideas and develop a road map to assess and improve the health status and quality of life in Buffalo County. What started as a small group, grew to more than 150 people volunteering over 5000 hours to create a community health improvement plan for Buffalo County. A key guiding principle of this collaboration was to develop a shared vision, that is, a compelling statement of what they wanted to create. The assessment process included an analysis of demographic and outcome indicators, focus groups with a cross section of residents of all age groups, and an adult behavior risk factor survey to look at I"~festyle behaviors. Through the process, 31 goals were identified and eventually merged into 15 goals by using two criteria: the existence of measurable data to support the goal and a broad base community interest for the goals. The 15 goals focus on five broad vision elements:l) strong sense of communiti)r, 2) holistic health, 3) education, 4) environment, and 5) economy. To introduce the goals to the residents, a Healthier Communities Summit, has been held each year since 1996. This is a forum for celebration of successes and an opportunity to gather input on new goals. The Buffalo County Community Health Partners has structured themselves into a virtual organization with by-laws. There are four core committees: an executive committee, a planning and measurement committee, a resource committee, and an implementation and communications committee. They. have been successful in acquiring financial resources and in- kind donations that cover their-costs and directly fund programs that will help achieve their vision. NORTH CENTRAL COMMUNITY CARE PARTNERSHIP The North Central Community Care Partnership (NCCCP) began organizing and mobilizing nine counties along Nebraska northern boarder in 1997. Because of the geographic mass and rural nature of the nine counties, defining how they would organize their work has taken an °out of the box' thinking. One key factor in the organization process has been the time commitment involved in getting to know and trust other members and listening to and sharing ideas with one another. A Coordinating Committee of communit)+ leaders has been established that not only represent the major interests of the community but also have a vision of the community that extends beyond their individual constituency. The NCCCP views itself as a working group and a driver for change. A mission statement has been developed and several community and regional meetings have been held. Nebraska Public Health Implementation Plan Page 57 These meetings have opened the door for individuals and organizations to begin the dialogue about what public health means to them. They are now in the process of assessing the health needs in their communities. In addition to the Turning Point communities, several other Nebraska communities are actively engaged in community assessments. These communities include Omaha-Douglas County, Lincoln-Lancaster County, Norfolk- Madison County, Grand Island-Hall County, Scottsbluff, Fairbury-Jefferson County, Adams-Webster-Clay- Nuckolls Counties and Hastings. Contact has been made with thirty-three communities that are interested in pursing this community assessment process. COMMUNITY ASSESSMENT TEAM An effective community assessment process involves a community and state partnership with sufficient resources at the community level. The involvement of local leaders and local institutions increases the communit~s sense of ownership and provides a greater assurance that the plan will be implemented. There is also a greater likelihood that the goals and intervention strategies will be tailored to meetthe unique needs of the community. In addition, policy makers will have a stronger incentive to follow the recommendations of a diverse coalition because there is "buy-in" from several major segments of the community. The State has a role on the assessment team and can contribute in the following ways: • assistwith coalition building, • establish and maintain health data and information systems, • collect and assemble health status and utilization information, • assist in analyzing data and information, • forecast regional and state trends • provide technical assistance for local forecasting and interpretation of data • provide technical assistance in the assessment process • assist with the development of evaluation processes and outcome measures, and • assist with intervention and funding strategies. It is the community that provides the input to the leadership for building the stakeholderteam and maintaining the momentum throughout the process. The leadership of the assessment team creates the process for collaboration, designs the organizational structure, determines the meeting guidelines, defines the roles and responsibil'dies of the coalition, creates a processfor communication, coordinates the budget and funding, promotes the effort, and determines the best way to celebrate accomplishments. COMMUNITY CAPACITY A strong community coalition, a group of individuals who work together to achieve a common goal, is needed to lead the community assessment process. A "team leader° or a representative from a "lead agency°-needs to be identified to recruit stakeholders and maintain momentum, as well as to provide structure for dividing labor and defining roles and responsibil'~fies. Although people, not money,. are the key ingredients for success, the coalition will require money to finance its administrative operations as well as implement its intervention strategies. For many communities, it fakes considerable time and effort to build sustainable coalitions. PERFORMANCE MEASURES It is critical for communities to assess current performance on priority issues or the results of Nebraska Public Health I~lementaTion Plan Page 58 efforts over time. Furthermore, this information needs to be shared with the community as a whole. To bring about improvements in the community, people need to have indicators of performance on such issues as educational performance, air and water quality, population density, economic outcomes, morbidity rates, mortality rates, and othertraditional public health measures. By assessing such quality of life indicators and chan5ng progress over the years, communities can give themselves the advantage not only of defining their target but also recognizing when it is achieved. In an effort to assist communities with performance measures, the Nebraska Association of Hospitals and Health Systems. (NAHHS~ and Health and Human Services System have a new, state-of-the. art software. tool called the Outcomes Toolkif. Outcomes is a product of the Health Forum. and developed by Macro International. If provides communities with a comprehensive, collaborative approach to planning and evaluating community efforts and reports improvements in community health and quality of life over time. Oufcomes provides guidance in: • creating a shared vision, • identifying priority indicators, • setting measurable thrgets for each indicator, • selecting data collection methods, • analyzing results, • developing action plans, and . • generating reports The unique features include: • allowance for the development of a community-wide database on health, quality of life, economic vitality, antl community capacity, • guidelines for determining outcomes, • hyperiinks to important sources of information on the Internet, • charting and graphing capabilities, and • integration capabilities with other applications. The core of Outcomes is the Communif}r Profile, a sophisticated data compiler and reporting mechanism that serves as a central database for a community or a region. All entered data, narrative descriptions about specfic initiatives, goals and objectives will ultimately contribute to the Communify Profile for the state. Currently, a demonstration pilot project is being conducted with four community coal'rbons to utilize Oufcomes in documenting performance. If this pilot project is successful, Outcomes can be implemented throughoutthe state. Nebraska Public Health Implementation Plan Page 59 RESOLUTION N0.2000 - 35 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska as foIlows: 1. The City of Blair is considering the annexation of and a plan for extending city services to the following descn'bed real estate, to-wit: Tax Lot 234 in Section 12, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; and. Lot 2, Skobo Acres Subdivision, in Washington County, Nebraska, less that part of Lot 2 conveyed to the Chicago Northwestern Railway Company, a Delaware Corporation, by Warranty Deed recorded June 30, 194, in Record Book 231, Pages 385-386, (hereinafter collectively referred to as the "Subject Property"). 2. A public hearing on the proposed annexation to receive testimony from interested persons wdl be held before the Mayor and City Councd of the City of Blair on October 10, 2000, commencing at 7:00 o'clock p.m, at the City Council Chambers, City Administration Building, 218 S. 16~` Street, Blair, Nebraska. 3. The description of the boundaries proposed for the annexation is the perimeter of the Subject Property. 4. The plan for annexation and for extension of city services to the Subject Property is available for inspection during regular business hours in the office of the City Clerk, 218 S. 16~' Street, Blair, Nebraska 68008. 5. A map drawn to scale delineating the Subject Property shall be published with this Resolution. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND RYAN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING `mTAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26~ DAY OF SEPTEMBER, 2000. CITY OF BLATR, NEBRASKA Y - ~ C L A. S, MAYOR ATTEST: L~1 ~i' ~ C ~~~ B A R: TAYLOR, CIT 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 anal City Counc~ of said city held on the 26~ day of September, 2000. !~( < BRENDA R. TAYLOR, Y CLERK K ~ ; h REVEL®PER'S AGREEMENT THIS AGREEMENT made this ~ day of c fl , 2000, by and between the City of Blair, Nebraska, hereinafter referred to as "City", and Steven M. Benoit a/k/a Steve Benoit and Shari L. Benoit alk/a Shari Benoit, hereinafter collectively referred to as "Developer". WHEREAS, the following described property is to be developed for use as a bowling alley, to-wit: Tax Lot 234 in Section 12, Township 18 North, Range 11 East of the 6~` P.M., Washington County, Nebraska; and Lot 2, Skobo Acres Subdivision, in Washington County, Nebraska, less that part of Lot 2 conveyed to the Chicago Northwestern Railway Company, a Delaware Corporation, by Warranty Deed recorded June 30, 1994, in Record Book 231, Pages 385-386, (hereinafter collectively referred to as "Subject Property"). WHEREAS, the Subject Property is contiguous and adjacent to the City of Blair, Nebraska, and the parties agree and understand that the Subject Property will be annexed t~ and be included within the limits of the City of Blair, Nebraska. NOW, THEREFORE, in consideration of the mutual covenants to each party as set forth herein, it is agreed as follows: 1. Extension of Public Facilities. City has already installed or hereby agrees to construct and install municipal water and sanitary sewer lines on the boundary of the Subject Property. . --4 .~- - - - 2. Private l:Jtilitie~. -Developer agrees and understands that it shall be~solely respQnsfble_for .___ -_ the cost associated with tapping into the City water main and sewer main and shall also pay for and be responsible for any private water lines or sewer lines installed on the Subj ect Property to and from the City water and sewer mains. The City will not charge any connection fees for tapping into the City water or sewer mains. . 3. Annexation. In. consideration of the City extending its water main and sewer main to the point on the boundary of the Subj ect Property described in paragraph 1 of this Agreement, Developer agrees. that the Subject Property shall be annexed to the City of Blair, Nebraska. Developer acknowledges that the Subject Property is contiguous and adjacent to the City of Blair, is urban or suburb in character, and that the Subj ect Property will benefit from City. services, such as water and sewer and City police patrol. Developer hereby consents to the annexation of the Subject Property by the City of Blair, Nebraska. 4. Binding_Effect. The City's participation in this Agreement and all of its responsibilities and- obligations hereunder shall be subject to any and all provisions imposed on City by statutes of the State of Nebraska and the Municipal Code. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns. . CITY OF BLAIR, NEBRASKA B Michael es, Mayo ATTEST: ~. Brenda R Taylor, City Cler ~~~~~o , Steven M. Benoit a1k/a Steve Benoit ,,~ ~~ Shari L. Benoit a/k/a Shari Benoit STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) NOW on this :.~~~,~dav of~~~-G ~~~~>~ce , 2000, before me the undersigned, a Notary Public in and for said County and State; personally appeared Michael A. Mines, Mayor for the City of Blair, Nebraska, to me known to be the identical person who executed the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed as such officer and on behalf of said City of Blair, Nebraska. WITNESS my hand and Notarial Seal the date last above written. (~ - -- _.- _ ~ _ _ ~,e~ ' 1. - - ~ .._ .~ Notary Public ' STATE OF NEBRASKA ) t3t1~,~pTARY•s~~r ) :SS: ~cp~an~mn.~• WASHINGTON COUNTY ) -_-- ,~a NOW on this ~ day of ~~~x~r 2000, before me the undersigned, a Notary public in and for said County and State, personally appeared Steven M.Benoit a/k/a Steve Benoit and Shari L. Benoit a/k/a Shari Benoit, Husband and Wife, to me known to be the identical persons who executed the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and Notarial Seal the date last above written. ~Ifyt~nn. ~-..Iune 20, 2~a Notary Public ~~`G~. ~®TII~~ ~,~GAI. ~OTIC~ ~EGAI, i~®TI~~ R~J.~TI'$fDAi IY~, 211 - 35 {hereinafter collectively refereed to as the "Subject ~'"?• Resolution ' COUNCII.MEMBER RYAN MOVED C017N ER ABBOTT INTRODUCED THE F®LL09VI1~1G 2. A public hearing on the grogosed TI3AT THE IiES®LUTIOld BE- RESOLUTION: annexation to , zecetve teseicnoay from interested persona will. ~ held before the ADOPTED AS READ, 9dHICH SAII) 4ffOTION ' ~'AS SECONDED BY BE IT RESOLVED by the Mayor and Nebraska City Council of the City of Blair Mayor a~ City Couuctl off the Ctty of Blair COUNCIIIIt FANOELE: UPON , as follows: on October 10, 200D, commencing at 7:00 ROLL CALL, COUNCII.MF~RBERS The CSty off Blair is considering the 1 oiclock ppm. at. the City Comtcil Chambers, REALPH, SHOT9VELL, FANOELE, . affiexation of and a~n ffor extending city described real llowin th f i City Adaunisuation Bm7dmg, 218 S: 16th Street, B1atr, Nebraska: MCMANIGAL, ,ABBOTT AND RYAN VOTING "AYE", AND. . g e o D ser+nces estate, to-wit: 3: The deacrigtimt of tt-e boundaries COUIVCII.INLEi~F.RS IdOI~IE VOTIIdG - " " Tax Lot 234 in Se~ion 12, Township 18 M pto~sosed for. the annexation is the penmeter off the Subjet8 Pxoperty ' , THE -MAYOR I9ECLAREIl THE NAY FOREGOING RE~OLUTI<DN PASSED ., Nottlt, Range 11 East. of the 6th P. ~Iashington County; Nebeaska~ and 4. The plan for annexauoa and for AND ADOPTED THIS 26TH Dt~~' OF 'Lot 2, Skobo Acres Subdivision, in extension of city services to the Subjece P'ro(~erty is avar7able for. inspection, daring :SEPfEMBER,.2~. CITY OE BLAIR, N~iaASxA Washington County, Nebraska, less that ppaarttt of Lot 2 conveyed to the Chicago regalar business hours in the office of the l i MICHAEL A. MINE; MAYOR Notihwestem Railway Company. a a r. City .Clerk, 218. S 16th Streak. B Nebraska 68008. ATTEST: BREI4TDAR TAYLOR Delaware atsan, ~arrmtty Deed Record Bak 231 194 f 30 d d J 5. A map drawn to scale delineating the , CITY CLERK , , rt une , recor e Pages 385-386 Subject rt5' shall be published with this Paabllsh~l In the-Pll~ Trlh-uns Tue~ay, ' ' , October 3, 2~0. < s: ~i-~ ;,, ,,i.a - .:. - - s ,.. ., _ . - t _ ' ~ 1Z ` nm t~A#„ ~. f awe , 1 ~ sin .~ °.` T ms ~l~ n.. '~" ` lFdi11E SN- ~ s ss ~ C~ NNPIEX i ~~ ~ ~j~i ~ ~ I ~ ~ f s ~ , ~ ~ i . ~ . ~ • ~ ~ .' • ~ s ss s ~oi° s s so ~~sat smat r - + slot ~ f '~ ~!~ - I `° J ~.~ ~`~ sa ~ sin ss os ~ am f i ~ ':a + ss ~ PI z.~ n nv .;, ~, a~> a' p m n~ i~ . . A eau ~i' "i s ss ~' . - .,,) ~ I s am. ~ ss m ;; ~ s ns s s ~~~ - 1. ns _ `Iv~~ ~,~2,2_. n s ~ / I'-1 ss CITT - ~tYiTB ' i n Ct ltYO,ns t NITS s i 1 i am ' ~. i~ ~ °v i .\ ~ a l 4 m - , ~~i ': :: ~ , ~ i ~ ~ ~~ ~\ as ~~~'~ `.3 ~J! 4~ ~~~tF~a sin ~ ~~rT~~ ~~~lCt t.r tve,~st.~Zio~a ~Q j3~~~ Pl~~~~ G'' ; f~,~,~ f~~ ~t~~ ~u~~.~ ~'I sa sa RESOLUTION N0.2000 - 36 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Addendum to the Interlocal Cooperation Agreement between the City of Blair, and the Counties of Dodge and Burt and the Cities of Hooper, Scribner, and Fremont for creation of the III CORPS Agency for the purpose of inter jurisdictional drug enforcement and violent crimes enforcement. WHEREAS, Washington County, Nebraska and Coming County, Nebraska desire to participate in the Interlocal Cooperation Agreement. WHEREAS, the terms and conditions of said Addendum to Interlocal Cooperation Agreement are acceptable to the municipality. NOW, THEREFORE, BE IR RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the III CORPS Interlocal Cooperation Agreement be hereby amended and that the terms and provisions of the Addendum to Interlocal Cooperation Agreement which is attached hereto, marked Exhibit "A" and by this reference made a part hereof as if fully set forth herein, are hereby adopted and accepted by the City of Blair. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute and deliver said Addendum on behalf of the municipality. COUNCII,MEMBER ABBOTT MOVED THAT TIC RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, AND RYAN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26'~" DAY OF SEPTEMBER, 2000. CITY OF BLAIR, NEBRASKA BY C L A. ,MAYOR ATTEST: G BRENDA R. TAYLOR, TY 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 26~ day of September, 2000. BRENDA R. TAYLO ITY CLERK IPVTERLOCAL COOPEI2ATIO~T AGRE Pursuant to Neb. Rev. Stat. 13-801 et'se~: Reissue 1991), it is hereby agreed by and between the below listed counties and cities, that the counties and cities shall hereby enter into an interlocal cooperation .agreement consistent with the Interlocal Coo}aeration Act and with the following teams and conditions to wit: 1. The counties and cities included within this agreement are as follows: Counties of Dodge and Burt and the cities of Hooper/Scribner, Fremont and. Blair. 2. The purpose. of this .agreement shall be to identify, apprehend and facilitate the prosecution of drug dealers and offenders within the area set forth above. The law enforcement agencies included within.-the described jurisdictions above will be participating in such drug enforcement and shall comprise a group known as III CORPS. 3. This agreement shall be made by and between III CORPS and -the aforementioned agencies and shall take effect on October 1, 1997, and shall terminate-upon exhaustion of funds for its purpose as provided in Nebraska Commission on Law Enforcement and Criminal Justice Grant #97=DA-302 whi-ch is/are incorporated herein by this. reference, and it may be renewed, modified,, extended or continued, unless earlier termination is agreed to by-and-between the parties as provided herein, and it may be renewed, modified, extended or continued. 4. At any time during the operative dates of this agreement, any member of this compact that wishes to terminate their participation.in. the compact may do so by providing written notice of such intent aot less than sixty (60) days-prior to said .termination. Notice shall be given to the established Board. at a regular scheduled meeting. 5. III CORPS will establish a Board which shall be a committee that will be responsible to oversee and. establish .priority cases for the ILI CORPS officers. This Board will also decide policy issues and ensure that the IIS CORPS .officers are following established.guidelines adopted by III CORPS. The III CORPS Board shall be comprised of a representative and one alternate from each member agency_ The member of the Committee shall be agreed to by the local law. enforcement agency heads, the respective agencies. The term of the member shall be one year, however,-the member may be reappointed. 6. Each party to this agreement shall be responsible for supplying sufficient man ~ovaer necessary to ensure the reasonablesafety of the investigators. Each .member of the agreement shall also be responsible for. supplying manpower to assist investigators with the execution of search warrants, arrest warrants, and other investigative activities as may be required. However, in no event shall I~RLOCAI, COOPERATIOri' AGR}38M$NZ' liability arise to any party of this agreement for harm sustained by an officer who is engaged in activity pursuant to III CORPS and each party hereto agrees to hold all other parties harmless for injury, death, earning impairment, :bodily disfigurement, or other physical and metal `disability incurred by an officer while engaged in III CORPS activities. 7. It is further understood and a~'reed that the prerogatives .and responsibilities of .supervision and/or discipline of personnel of III CORPS members acting hereunder shall at all times remain the responsibility and right of the III CORPS members respectively. 8. It is further understood and agreed between the parties that the personnel of the III CORPS member who, may from time to time, act in purported furtherance of this Agreement whether singly or in concert with or without actual implied authorization, remain at all times and for all purposes the. employees of their respective em to ers and such agency/employers shall be solely responsible and accountable for their own employees and their employees' acts and omissions. 9. Personnel of III CORPS and III CORPS members shall forward reports, records, .etc. as may be applicable in reference to any ~~investigative work and provide assistance to local law enforcement personnel supplied by III. CORPS and its members. 10. It is further agreed and understood that III CORPS members and their respective. personnel acting in, furtherance of this agreement, whether in an investigative or support capacity, shall, at all times, comply with all policies procedures and guidelines of ITI eORPS now or hereafter established. 11. Except as .otherwise provided, equipment of III CORPS and III CORPS members, which may be utilized in furtherance of this Agreement, shall at all times remain the property of the contributing agency which shall be .sole responsible for maintenance, repair, ordinarx wear and tear,. and damage, absent gross negligence or willful act of another. 12. The III CORPS Board shall meet bi-monthly to discuss on-going investigations, to review activity by the III CORPS officers, and provide assistance to-.such officers. The bi-monthly meetings shall be held at a time and lace to be set by the Board. The Board shall elect a chairman to lead each meeting and ensure that an agenda is followed. The term of this chairman shall be one year Re-election of an existing. chairman is allowed. The III CORPS chairman shall have the authority. to act on behalf of IIT CORPS concerning matters of contractual acr~eements. In no event shall any party to this agreement b~~ liable for debts of II~ITERI,OCAL COOPERATION ACsREBNIEN'r III CORPS in excess of III CORPS bu~~:.get. All matters of expenditures shall be the decision of the III CORPS Board. 13. Reports pertaining to any property seized and subject to potential forfeiture shall be submitted immediately upon seizure to the appropriate federal justice agencies if III CORPS acts in concert with Federal agents. All forfeitures obtained through III CORPS resources -shall be considered income from the III CORPS program. If an individual agency action results in a forfeiture, and the action did not involve federally funded activities, the forfeiture proceeds may be disbursed Pursuant to statutory guidelines without classification as p~:ogram income for grant purposes. 14. It is further agreed and understood that the parties hereto and the III CORPS members will cooperate in all respects to enhance the furtherance of the purpose of III CORPS and this Agreement will be liberally construed to that end. 15. The grant application shall become a part of this Agreement. The budget submitted and approved by the Nebraska Crime Commission as part of .the grant shall become the operating budget of III CORPS. Any variations in budget or procedures will be consistent with State and Federal guidelines, as per grant requirements, and agreed upon~by a majority of committee members. 16. It is further understood and agreed that should funding of III CORPS grant be reduced or eliminated, or legislative or judicial action prevent any party!s ability to perform hereunder, that this Agreement shall terminate forthwith and hence forth be null and void. Provisions relating to advance notice of termination herein before set forth shall not-apply to.this paragraph., Upon termination of this Agreement as set forth in this paragraph, all proceeds and receipts shall be returned to .the various III CORPS members on proportionate basis to their contributions. 17. The resolutions passed by the political subdivisions of the III CORPS member agenc~.es will. become a part of this agreement by reference and hereto attached. ADDENDUM TO INTERI.OCAL CO®PERATION AGREEMENT THIS ADDENDUI~I is made to an Interlocal Cooperation Agreement executed on or about September, 1997, by and between the following parties, to-wit:. Counties of Dodge and Burt and the Cities of Hooper, Scribner, Fremont and Blair, Nebraska. WHEREAS, the said Interlocal Cooperation Agreement was entered into to facilitate the prosecution of drug dealers and violent crime offenders within the participant jurisdictions. WHEREAS, the parties hereto desire to include Cumin County, Nebraska and Washington County, Nebraska as participants in the Interlocal Cooperation Agreement, and that said counties desire to participate with the parties hereto. IN CONSIDERATION of the mutual covenants and pra~nises herein, the parties hereto agree as follows, to-wit: 1. Additional P rtie :All of the parties hereto do her~:byagree that Washington County, Nebraska and Curving C®anty, Nebraska be and hereby aze included as participants under the Interlocal Cooperation Agreement entered into on or about Sep rember, 1997, for the establishment of III CORPS and, furthermore, that Washington County, Nebrs~ska and Curving County, Nebraska do hereby agree to be bouoid by the terms and provisions of the said September 1997 Interlocal Cooperation Agreement, as amended herein. 2. Coma n a ion; Each: party hereto shall pay their p: °o rata share of costs on or before December 31 ~ of each yeaz during the term of this Agreement.- F' or purposes of this Agreement, each party's pro rata shaze shall bethat percentage of the total popul`;.~don of each member jurisdiction as compazed to the combined total population of all parties hereto. In the case of Washington County, the population of the City of Blair shall be excluded from its po }ulation, and for Dodge County, the population of Fremont,. Hooper and Scribner. shall be excluded from its population. Each party's pro rata share shall either be paid in cash ~r in kind. For any party to receive credit for in kind payment, a vdritten request shall be submitted to the III CORPS Board, which request shall specify the in kind service for which the party is requesting credit. Upon approval of a majority of the Board, the requesting party shall receive the appropriate credit. 3. Default; If any party is in default of payment of any sums due an owing or does not provide the in kind service as per the agreement between the party and the III CORPS Board prior to December 1 ~` of each year, the defaulting .party may be removed and terminated from this Agreement; provided; however, prior to removal and termination, the defaulting party shall be given a written notice of the event of default:and, if the defaulting party has not cured such default within sixty (60) days from-the date of receipt of the notice of default, the defaulting party shall be deemed to be removed from this Agreement and all rights thereto shall be terminated; provided, further, that any sums accruing prior to the date of removal and termination shall survive termination and shall remain due and payable to the III CORPS'Boazd. 4• I~lification: All terms and provisions of the III CORPS Interlocal Cooperation Agreement dated September, 1997, aze hereby ratified ~:nd affumed, except for those provisions which aze specifically amended hereinabove. This Addendum shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. BURT COUNTY, NEBRASKA DO;~GE COUNTY, NEBRASKA a r By Burt unty Sheriff By"- .: ~~ ~'odge County Sherwff CITE ~~3,EMONT, NEBRASKA CITY OF HOOPER, NF'BRASK~1, '~~~`•~ By ~ ~~ ~ B .~-- Chief o y ~ G/ CITY OF SCRIBNER, NEBRASKA B~ ~. ~ ~ ,c Q t ,~ ~{ WASHINGTON COUNTY, N BRASKA Washington County Sheriff CITY OF BLAIR, NEBRASKA By •~ ~ . ~~ ~C~ Chief of Police CUMING COUNTY, NEBRASKA By RESOLUTION N0.2000 - 37 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and John E. Samson, Attorney at Law, has been prepared and presented to the City Council providing for the terms and provisions of the retention by City of John E. Samson as City Attorney, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBERS ABBOTT, REALPH SHOTWELL, FANOELE, MCMAIVIGAL AND RYAN. UPON ROLL CALL, COUNCILMEMBERS VOTING "AYE", AND COUNCILMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26~ DAY OF SEPTEMBER, 2000. CITY OF BLAIR, NEBRASKA B `` CHAEL A. MINES, MAYOR ATTEST: ZY -~~-.. BRENDA R. TAYLOR, Y CLERK (SEAL) STATE OF NEBRASKA ) :ss: ~1VASHINGTON 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 26m day of September, 2000. ly ~~~_ BRENDA R. TAYLOR, CI CLERK AGREEMENT THIS AGREEMENT made this 26m day of September, 2000, by and between the City of Blair, Nebraska, hereinafter referred to as "BLAIIt" and John E. Samson, hereinafter referred to as "ATTORNEY." WHEREAS, said BLAIR desires that John E. Samson serve as City Attorney for Blair; and. WHEREAS, said ATTORNEY agrees and desires to act as counsel on behalf of said BLAIIL NOW, THEREFQRE, it is agreed by and between the parties that, for and in consideration of the sum of $3,250.00 per month, said ATTORNEY shall represent and be retained by said BLAIR, and shall attend all meetings and conferences, prepare all ordinances, resolutions and all other necessary agreements and documents, codify the municipal code and advise and counsel the Mayor and City Council and other City personnel. It is agreed by and between the parties that said ATTORNEY accept no cases and represent no parties against the City of Blair. It is further agreed that said ATTORNEY shall be compensated on a per hourly rate for all time connected with or concerning litigation on behalf of said City. Said per hourly rate shall be determined by mutual agreement of both parties. Said hourly rate at the date of this Agreement shall be $65.00 per haur. It is fiarther agreed that said ATTORNEY'S health insurance benefits shall terminate as of September 30, 2000. It is further agreed that this Agreement shall be effective October 1, 2000, and shall continue until terminated by either party. It is agreed that this Agreement may be temlinated by either party by giving notice in writing thirty (30) days prior to said terminations This Agreement made the day and year first aforesaid shall be binding upon the heirs, personal representatives and assigns of all parties hereto. CITY OF BLAIR; NEBRASKA By A~ehael A. es, Mayor .~ r x ATTEST: ~2~1 ~ -~...: Brenda R. Taylor, City Cl r'~~ ,r"" John E. S on, Attorney at Law STATE OF NEBRASKA ) } :ss: WASHINGTON COUNTY ) On flue ~`~ day of September, 2000, before me, the undersigned a Notary Public duly commissioned and qualified for and in said county, personally came Michael A. Mines, Mayor of the City of Blair, Nebraska, that he is duly authorized in the premises, that he is known by me to be the identical person whose name is affixed to the foregoing Agreement and acknowledged the same to be his voluntary act and deed and the voluntary act and deed of the City of Blair, Nebraska. WITNESS my hand and Notarial Seal the day and year last above written. Notary Public STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) t~ENERAI t~TARY • ~ d Nm~m PECiQY d. PAAHY My Cantu. Exp ~n92D.2D04 On this ~ day of September,. 2000, before me, the undersigned a Notary Public duly commissioned and qualified for in said county, personally came Jahn E. Samson, to me known to be the identical person whose name is aff xed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year Last above written. /~, ~ ~ ~p-t.NOTARY•ar No Public IAyC~~a~n.~ une o Ana • k ~.y° . _ y i ~' 2 1 RESOLUTION N0.2000 - 38 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: VIJHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Area Young Men's Christian. Association ("YMCA''') has been prepared and presented to the City Council providing for the terms and provisions of the vacation and transfer of property, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereoi, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and. accepted by the City of Blair and the Mayor. and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBER.S WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, BOEKA AND RYAN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10~ DAY OF OCTOBER, 2000. CITY OF BLAIR, NEBRASKA B CHAEL A. MINES, YOR ATTEST: Sao t ~5o a,.. /~ ~ ` STATE OF NEBRASKA COUNTY OF WAShi1NGTON)SS B A ~ TAYLOR R CLE~~V RED IN NUMERICAL iND AND FILED FOR RECORD _~ ~ ~ , ~ ~ . - ~HIS~ OAY OF A.D. 20.521 ,~, ~ ,Q ... ~ ~ AT$~.0'CLOCK.~... AND RECORDED tH BQOK ~_ o -- -"° tq . ~ ~~v ~ r ~ ~7. ATPAG a-1- a`~ ~~~- ~' ~ (SEAL)S ~, i , ~. ~ COUNTY CLERK ~ ~ ~, ~ T `` t , ~ t~ ~: DEPi1TY ~° ~~, ~ t~ecord~ '`' " ` General Numerical .~.~. 7 ~ 1 pnotostat ,/ ~ i~'oofiea .~ ,.- ~2 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 meting of the Mayor and City Council of said city held on the 10~ day of October, 2000. BRENDA R. TAYLOR, CIT ERK 722 -~, 2~ 7 AGREEMENT THIS AGREEMENT, entered into this ~ day of ~~~~~, 2000, by and between Blair Area Young Men's Christian Association, (hereinafter referred to as "YMCA") and the City of Blair, Nebraska (hereinafter referred to as "City"). WHEREAS, YMCA is the fee simple title owner of Lot 3 in Wilson's Addition to the City of Blair, Washington County, Nebraska, and Tax Lot 173 lying in the NEl/4 of the NWl/4 of Section 13, Township 18 North, Range 11 East of the 6`" Principal Meridian, Washington County, Nebraska. (hereinafter the "Real Estate") and desires to construct improvements thereon; and WHEREAS, Prospect Avenue is a dedicated street which crosses said Real Estate and that YMCA desires City to vacate that portion of Prospect of Avenue and transfer and convey ownership of the same to YMCA and that, in exchange for such vacation and transfer, YMCA agrees to transfer and convey to City an area 33 feet in width along the entire southern and eastern boundaries of Tax Lot 1731ying in the NE 1/4 of the NW T/4 of Section 13, Township .l 8 North, Range 11 East of the 6`" Principal Meridian, Washington County, Nebraska and an area 33 feet in width along the entire eastern boundary of Lot 3 in Wilson's Addition to the City of Blair, Washington County, Nebraska. FOR VALUABLE'CONSIDERATION and the mutual covenants and promises herein, the parties hereto agree as follows: 1. Vacation and Transfer of Prospect Avenue: City does hereby agree to vacate and abandon that portion of Prospect Avenue lying east of U.S. Highway 75 and the right-of--way of Tenth Street, all located in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6`"Principal Meridian, more particularly described as follows: Beginning at the North Quarter Corner of Section 13, Township 18 North, Range 11 East of the 6~` P.M. and assuming the North/South 1 /41ine to bear S 00 ° 02'48" W; Thence S 00 ° 02'48" W along said North/South 1/41ine a distance of 319.44 feet; thence West a distance of 20' feet; thence S 00°02'48" W along a line 20.00 feet West of and parallel to the North/South 1/4 line of Section 13 a distance of 693.72 feet to the point of beginning; thence S 89°56'19" W to a point on the Easterly right-of-way of U.S. Highway 75 (13`" Street); thence Southerly along said Easterly right-of--way to a point 50.00 feet South of the last described course; thence N 89°56'19" E along a line 50.00 feet south of and parallel to said course to a point 20.00 feet West of the North/South 1/4 line of Section 13; thence N 00°02'48" E to the point of beginning, all lying in the NW1/4 of Section 13, Township 18North, Range 11 East of the 6`~' P.M., Washington County, Nebraska. City agrees to transfer and convey its interest in said abandoned and vacated Prospect Avenue unto YMCA subject to any easements for public utilities. 2. Conveyance by YMCA: In consideration of the vacation and conveyance of said Prospect Avenue, YMCA does hereby agree to transfer and convey unto City the South 33 feet and-the East 33 feet of Tax Lot 173 lying in the NE1/4 of the NW1/4 of Section 13, Township 18 North, Range 11 East of the 6`" Principal Meridian, Washington County, 72 A ~ ~z ~ Nebraska, and the East 33 feet of Lot 3 in Wilson's Addition to the City of Blair, Washington County, Nebraska. 3. Existing Water Line: YMCA agrees and understands that there is an existing water line located within the boundary of said vacated Prospect Avenue; provided, further, that YMCA shall not impair or damage said water line and, in the event the water line interferes with any improvements contemplated by YMCA, YMCA shall cause such water line to be relocated at its expense; provided, further, that in the event City constructs and installs a replacement water line along the South 33 feet of Tax Lotl73 lying in the NE1/4 of the NW1/4 of Section 13, Township 18 North, Range 11 East of the 6t'' Principal Meridian, Washington County, Nebraska, then, and in that event, City will abandon the use of the water line on Prospect Avenue, and-the obligation of YMCA in regard to said Prospect Avenue water line shall terminate. 4. Existing Utilities: -The YMCA shall accept ownership of vacated Prospect Avenue subject to any easements for any public utility lines. 5. Bindin Eg_ ffect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. BLAIR. AREA YOUNG MEN' S CHRISTIAN ASSOCIATION By CITY OF BLAIR, NEBRASKA By 724 RESOLUTION N0.2000 - 39 COUNCIZMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, in 197b, a joint City-County Facility Commission studied the needs for law enforcement in the City of Blair and Washington County, Nebraska, and approved the construction of the current County-City Law Enforcement Center which, pursuant to the records of such Commission, was to provide "adequate county jail, sheriff's office and city police headquarters until 1990". WHEREAS, due to the increase in population in Washington County, Nebraska and the City of Blair, Nebraska, and the influx of crime associated with the metropolitan area, it has been necessary, over the last 24 years, to increase the num~r of law enforcement personnel for both the Washington County Sheriff s Department and the Blair Police Department. WHEREAS, the City of Blair and Washington County jointly hired the firm of Wilson Estes and Associates to inspect the County-City Law Enforcement Center and to perform a space needs study far the Washington County Sheriff s Department and the Blair Police Department; and, furthermore, that such study has been completed and reviewed by a joint committee of members of the Washington County Board of Supervisors and the City of Blair City Council; and, furthermore, that the jourt committee has made its preliminary report to the Blair City Councd and the Washington County Board of Supervisors, and that such joint committee seeks further direction from both governing bodies. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska as follows, to-wit: 1. To facilitate effective law enforcement in Washington Courtrty, Nebraska and the City of Blair, Nebraska, it is deemed to ~ in the public good to continue with a joint Washington County-City of Blair Law Enforcement Center to provide joint office space for the sherii~ chief ofpalice, supervising officers, investigators, deputies, patrolman, and other administrative and clerical personnel for both departments; 2. To continue effective law enforcement in Washington County, Nebraska, and the City of Blair, Nebraska, it is necessary to construct a new joint law enforcement facility with approximately 18,p00 square feet of office space; and 3, That the joint law enforcement committee is hereby directed to further study and make a recommendation to the Blair City Council and the Washington County Board of Supervisors on the following issues: a. Selection of an architect to design the joint law enforcement facility; b. The proposed location of such new joint law enforcement facciliit3 ,and c. Options available for financing such new joint law enforcement facility. COUNCII~MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, BOEKA, ABBOTT AND RYAN' VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10~ DAY OF OCTOBER, 2000. CITY OF BLAIlt, NEBRASKA B~ C L A. S, MAYOR ATTEST: ~ ~' ! BRENDA R TAYLO TY CLERK (SEAL) k STATE OF WASHINGTON BRENDA R City Clerk of the Cit3 and adopted at a regu October, 2000. :ss: TAYLOR hereby certifies that she is the duly appointed, qualified and acting of Blair, Nebraska, and that the above and foregoing Resolution was passed lar meeting of the Mayor and City Councd of said city held on the 10~ day of ,~' B A R TAYLOR, CI CLERK RESOLUTION N0.2000 - 40 COUNCIL MEMBER 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, proh~bft 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 first two parking spaces east of the exit driveway from the Washington County Courthouse onto South Street shall ~ limited to compact passenger automobiles only, and that parking signs shall be erected reflecting the restrictive parking area as established by this Resolution. BE IT FURTHER RESOLVED that, following the passage and publication of this Resolution, it sha11 be unlawful. for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII, MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS REALPH, WAITE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, BOEKA AND RYAN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24~ DAY OF OCTOBER, 2000. CITY OF BLAIIZ, NEBRASKA BY CHAEL A. S, MA OR ~ n ~.~ ATTEST: BRENDA R TAYLOR, ~ ITY 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 at a regular meeting of the Mayor and City Council of said City held on the 24~ day of October, 2000. I ~ L BRENDA R TAYLOR, C CLERK ,~ 3 RESOLUTION N0.2000 - 41 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that one handicapped parking stall be designated on Lincoln Street commencing at the northeast corner of Lot 1, Block 44 in the City of Blair, Nebraska, and one handicapped parking stall be designated on 18~` Street commencing at the northeast corner of Lot 1, Block 44 in the City of Blair, Nebraska, and that the Street Department of the City of Blair is hereby authorized and directed to place handicap parking signs reflecting the restricted parking areas as designated herein. BE IT FURTHER RESOLVED that following the passage and publication ofthis Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said parking restriction. ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE .UPON ROLL CALL, COUNCILMEMBERS REALPH, BOEKA. WAITE, SHOTWELL, MCMANIGAL, ABBOTT, RYAN, FANOELE ,VOTING"AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24th DAY OF OCTOBER , 2000. COUNCILMEMBER CITY OF BLAIlZ, NEBRASKA BY MICHAEL A. MINES, MAYOR .r. _~ ATTEST: ,,~ BRENDA R. TAYLOR, ITY 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 2 4th day of October , 2000. ~, B A R. TAYLOR, C CLERK RESOLUTION NO.2000 - 42 COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with an Interlocal Cooperation Act Agreement between the City of Blair and the Papio-Missouri River Natural Resources District for the establishment of the Blair Floodplain Property Purchase Program. WHEREAS, the terms and conditions of said Interlocal Cooperation Act Agreement aze acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the terms and provisions of the Interlocal Cooperation Act Agreement which is attached hereto, mazked Exhibit "A" and by this reference made a part hereof as if fully set forth herein, aze hereby adopted and accepted by the City of Blair. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute and deliver said Agreement on behalf of the municipality. COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER AB OTT HOTWELL WAITE REALP~M , UPON ROLL CALL, COUNCILMEMBERSABBOTT, RYAN , B6EKA FAI~TOE E-AB TA_ VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS24th DAY OF OCTOBER , 2000. CITY OF BLAIR, NEBRASKA Y CHAEL A. MINES, MAYOR ATTEST: ~ ~:~ BRENDA R. TAYLO CITY 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 ~ 4 day of October , 2000. ~~~~~~ BRENDA R. TAYLOR, CLERK INTERLOCAL COOPERATION ACT AGREEMENT CITY OF BLAIR, NEBRASKA AND PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT BLAIIt FLOODPLAIN PROPERTY PURCHASE PROGRAM TffiS AGREEMENT (hereinafter referred to as "this Agreement) is made by and between the CITY OF BLAII2, NEBRASKA (hereinafter referred to as "the CITY"), and the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (hereinafter referred to as "the DISTRICT"), pursuant to the Nebraska Interlocal Cooperation Act, Sections 13-801 R.R.S. Neb., 1943, et seq• RECITALSo WHEREAS, a structure now exists in a portion of the CITY which is prone to flooding and erosion (such portion hereinafter being referred to as "the Program Floodplain°'); and, WHEREAS, the parties desire to establish the BLAIR FLOODPLAIN PROPERTY PURCHASE PROGRAM (hereinafter referred to as "the Program"), for the purposes of purchasing the privately-owned .structure on land within the Program Floodplain, or removing the same from the Program Floodplain, in order to prevent or reduce recurring flood damages, repetitive claims for disaster assistance or flood insurance benefits, and repetitive public outlays for emergency rescues, utility restorations, and other public services; and, the parties desire to convert such .lands to uses which are non-insurable under the Flood Insurance Act; and, PAPIO Agreement - Hollingshead.doc 1 WHEREAS, federal and state grant programs are available to assist the parties to carry out the Program; such programs including the FEMA Program. Project Grant Program, administered by the Nebraska Department of Natural Resources . NOW, THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants of the parties hereinafter expressed, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for a program of cooperative undertakings by and between the CITY and the DISTRICT, without any separate: entity being created; and, the duties and responsibilities of the parties shall be as defined by this Agreement. 2. THE PROGRAM. The parties hereby establish the Program, pursuant to which ownership of .private dwellings and other structures now existing in the Program Floodplain will be purchased in voluntary transactions, pursuant to which such dwellings and other structures will be removed from the Program Floodplain, and pursuant to which the land now occupied by such dwellings and other structures will be converted to uses which are not insurable under the flood insurance programs administered by the Federal Emergency Management Agency. 3. RESPONSIBILITIES OF THE CITY. The CITY shall be responsible .for administering the Program, and shall have the following responsibilities and duties: a. The CITY shall acquire, by voluntary purchase and sale, such real estate and interests therein, including leaseholds, as the CITY determines necessary or convenient in order to obtain removal of private dwellings and other structures, now located in the Program Floodplain, which presently are eligible for disaster assistance, flood damage insurance and other benefits under federal disaster assistance and flood insurance programs, and shall make such. payments in respect to such acquisitions as the CITY determines necessary or convenient; PAPIO Agreement - Hollingshead.doc 2 b. The CITY shall prepare, execute and file with appropriate federal and state agencies, such proposals and grant applications, and documents related thereto, as the CITY determines necessary for purposes of the Program; c. The CITY shall employ and compensate such appraisers, title searchers, title insurers, surveyors, engineers, attorneys, demolition contractors, and other persons, firms and corporations, and pay such other expenses, as the CITY determines necessary, to administer the Program pursuant to this Agreement; and, d. The CITY shall execute on its own behalf such contracts, applications, and other documents as the CITY determines necessary to administer the Program pursuant to this Agreement. 4. RESPONSIBILITIES OF THE DISTRICT. The DISTRICT shall assist the CITY in administering the Program, and shall have the following responsibilities and duties: a. The DISTRICT shall prepare, execute, and file with appropriate federal and state agencies such grant applications, and documents related thereto, as the CITY determines necessary for purposes of the Program. The DISTRICT shall direct the proceeds of such grants to the CITY, or as the CITY may direct, for purposes of the Program. b. The DISTRICT shall reimburse the CITY in the amount of (1) Thirty Three and One-third percent (33.3%) of all expenditures made by the CITY in administering the Program, other than expenditures which are reimbursed by federal or state grant programs or recouped by sale of structures and other property in the Program Floodplain acquired by the CITY during the course of administering the Program (such unreimbursed and unrecouped expenditures hereinafter being referred to as "the Non-recoverable Expenses"), or (2) TEN THOUSAND DOLLARS ($10,000.00), whichever amount is lesser, To provide for the DISTRICT'S PAPIO Agreement - Hollingshead.doC 3 reimbursement to the CITY of the Non-recoverable Expenses, the parties shall follow the following procedure: (A) From time to time, but not more often than quarterly, as actual monetary outlays are made by the CITY for land acquisition and other expenses of administering the Program, the CITY shall transmit to the DISTRICT written notifications of the amounts of such outlays. In each such written notification and with respect to each such outlay, the CITY shall state the identity of the payee to whom such outlay was paid, the purpose for such outlay, the date of such outlay, and whether such outlay is aNon-recoverable Expense; and, (B) Within 45 days after receipt by the DISTRICT of such a written notification, the DISTRICT shall reimburse the CITY in the amount of Thirty-Three and One-third Percent (33.3%) of the CITY'S Non- recoverable Expenses described in such written notification. 5. LAND ACQUISITION. All lands, easements and rights-of--way necessary to be acquired for purposes of the Program, as determined by the CITY, shall be acquired by the CITY, which shall take title in the name of the CITY. 6. OPERATION AND MAINTENANCE. After acquisition of land. pursuant to this Agreement, the CITY, at the CTI'Y°s sole cost and expense, shall maintain or dispose of such land in such manner and at such times as the CITY determines necessary or convenient, for uses and purposes consistent with this Agreement, and shall be entitled to the rents and profits therefrom. 7. DURATION. The term of this Agreement shall commence upon the occurrence of the signatures of all parties being affixed hereto. and shall extend to the final completion of the purchase of and reimbursement for the property. 8. SEVERABILITY. In the event any portion of this Agreement may be held invalid or unenforceable for any reason, it is agreed that any invalidity or unenforceability PAPIO Agreement - Hollingshead.doe 4 5 RESOLUTION N0.2000 - 43 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to the conditions of the special use permit granted unto Steven M. Benoit and Shari L. Benoit (hereinafter referred to as "Benoits"), Benoits have executed and delivered to the City of Blair a deed transferring the North Seventeen Feet (N 17') of Lot 2, Skobo Acres Subdivision, in Washington County, Nebraska, less that part of Lot 2 conveyed to the Chicago Northwestern Railway Company, a Delaware Corporation, by Warranty Deed recorded June 30, 1994, in Record Book 231, Pages 385-386. NOW, THEREFORE, BE iT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the City of Blair does hereby accept said transfer and conveyance from Benoits. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REALPH WAITS, ABBOTT, SHOTWELL, RYAN, MCMANIGAL, BOEKA AND FANOELE VOTING "AYE", AND COUNCILMEMBERS NONE_ VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24~ DAY OF OCTOBER, 2000. CITY OF BLAIR, NEBRASKA BY MICHAEL A. S, MAYOR ATTEST: r~ ~~~~~ BRENDA R. TAYLO ITY 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 ofBlair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regulaz meeting of the Mayor and City Council of said city held on the 24'~ day of October, 2000. ~~ ~~,J ~~~~ ~~ BRENDA R. TAYLOR, CI CLERK ,{ ,~ . • 103-A-WARRANTY DEED Jacob Nortli Pdrrting Co., Inc., Lincoln, NE 68524 ~ .r~ .,.. -~ NEBRASKA pOCUhgENTAR'l ;~ ' BTAh~P TAX is to ~ ::~--r~ ate. Qfl OCT. ~D ~'M 3~ 09 r ~" ~° i3y+ ~ ~ ~~ CHARLI3TTE L, PETERSl:N ~ . _ __ b~X~H1Nt~TiIPY C~t?hiT'Y.CCIrt?I~ ~:~rae~aa~i;:ii Pl./tiR. F~~~R- ~a ;~2:~!~~I'al ~..iVUi~t~~'iCiil r,. ~ .4~h~k~:::x.~ s KNOW ALL MEN BY THESE PRESENTS: THAT I or ~Ve, STE~iSN M. BENOIT and SHARI L. BENOIT, Husband anal Wife ,herein called the grantor whether one or more, in consideration of received from grantee, do hereby grant, bargain, sell, convey and confirm into CITY OF BLAIR, NEBRASKA herein called the grantee whether one or more, the following described real property in Washington .County , Nebraska, to~w3.t : The North Seveateea Feet (N ll') of Lot 2, Skobo Acres Subdivision, in Washington County, Nebraska, less that part of Lot 2, conveyed to the Chicago Northvestera Railway Company, A Delaware Corporation, by Warranty Deed retarded June 30, 1994, in Record Book 231, Pages 385-386. To have and to hold the above described premises together with all tenements, heredtaments and appur- tenanees thereto belonging unto the grantee and to grantee's heirs and assigns forever. And the grantor does hereby covenant with the grantee and with grantee's heirs and assigns that grantor is lawfully seised of. said premises; that they are free from eneumbrance,~~:;,_,_ that grantor has good right and lawful authority to convey the same; and that grantor warrants and will defend the title to said premises against the lawful. claims of all .persons whomsoever. Dated ,, °°•~~ ~1. .~~~ ... ...........: . ~G~~ . . L~~?~ .......... ....... . ~ M.~BENOIT SHARI L. BENOIT State of , ,Nebraska County of ... Washington ...... The foregoing instrument was acknowledged before me on ................................................. by ,,,, Steven M. Benoit ,and,Shari,L..,Benoit;,Husband a~1d,Wifg..,,,,, ,,,, ,,,,,,,,,t,,.,.,.,.... ...... ...... _. . ~ ~ ... .. .: .:r ... .... ..... .................. AfifT•8~a~1 BR~IpA R. TAYLOR , I~yConq'a. Exp. J~a 20, 2004 .STATE OF.... , . ,NEBRASKA .. ...... Washington ss.ca2000 `~°~ °~ County ..... .. .... ....... ...... in Entered on numerical index and filed for record the Register of Deeds Office of said County the •• ~~ ... ~f,),+~~1 day of.~....., ~r~., at......4.1 ..o'clock and....~~...minutes .:......bL, and. recorded in Book.......~f~.~ .. . of . ~S~L~e. t~.... at page .. :t~:7!~(1...... . Reg. of De da ~~ By ..~~QL ... .. .Deputy Rev. 4/99 TeleplroneNumber T®IephotteNumber. , l.~ ;: c9lm~eot-ed c1) [~ Famuy (a~ [p htIal c~ p: i~Cl en>it~,amav ~i~E:7 -~ ch ~ n .. . _ _ c~o~ Q s Type of Oead .. _ .. - - - - y ~ ~ ^ Executor; .0> lU~teial Q ~~t ~n -. []: Con~rvator. >.. Q PaetTdOh Q Toast ~. ^ Other . 10 Type of Traaasfi~ . °- - - - ° , say .,, : ^ieuc~at`. , .Qc~rt..: -. ^ Q ..,~.Cl ~aos~e .: ~ ~rcc:.:.D. ~t ; .:: ~7 c>~ . 1 `1 Transferred In t=uU pt. No, atxpl8in dlvislon) : ~ 9~ Was real estate ter sertre ? (~ Mop ~a4e usa) - ~~~ . .~ ~~ .:. _ ~ ^ YES . ^ ~ .: .1 Wassale tea reiaThres? .{ItYes, kaox). • _ .: . YES ., NO ~ '• -: - . 0 Spouse - . C1 ParetRS araiCStBd _ Corporatlai w Parhp'~ ,: , , . , . , .. . O anaca~a.. ~ ps~l sue, p . Aonccr uaia9eYO Nye or Pl®pt~ai ~p Diner °;. ~ . . 14 It4tt8 a'~1 estate ~s ~ransfeired far nominal what is the dains~ nmrk~ ~ ?S~ Was npttgege tfYes, aaa~uat and rate. •.: value? ' :: , ::: ~ -. .. _ . .:16 Does~~ `-:.0`'VES._.: HIO ~ , . S. 3. % dfidde axx panes of loom? 1~ Was sale a teat estateagatn? (N Yes: of agant)r -, , _ ~ - - - . ^ YES. ~Nt7 ^YES `- lY0' , . . ~ ~ ~18 Address,otl?rcperty,,::r . - ... .. ... ~ 19'NartreandAddressatt?ersontoVYhomTax be.S~t •_, 1 ~. L ..~ ~. '- is- t •3 ~ ~] ,( t { ~ i.¢',. ~~r#f~ ~tWt`•~+ 6~;0~ ~~5"~ffe~+ ~ 1~`'~,~!~~ . f ~"~`~ ,~~~ - ~ ~,'1:.,~ ,' ~~t;,2} ~.~ ~~>~ ~k 1 .~ t+ NB~~aI.tOt81aCfBS ~, .''T~"' ,~. ~ ' ~ ~ ~ i k~' ~P~,f '~+~.-~~. ~!'L.i'w„ ..~. 1 .~" ~«j r .# ": ~~ TataCe prloe ittnliadiag arly ~abiGtfes assumeai .... ....................... _ .... r 22 $ . 2:i Was nortreal propa3riyinduded in p?.: ~- .' . ^ VE$. , Q .IVO'(ifY~s, amount arM ~ttadt itemized tis~ .. ».. ~3 $ . • ~4 Ad tasted rlce .for Waal estate a 22 mint~: Me $ _ .~. 24' . aRd ~Pt. ~s.Q1~aw.t declinep~at I•ta~veexart~adttds sta~te~rrf and thatit is, t0tt~e i~of city lo'towledge emd ba6ef, foie ~ ' Y:' r _ _ d-dy a~ittiorized ~ sit this stahen~t: ~ .. i . :. ., ... a y~ d , ~~ ~:°.,;: 3~'~.t.; : , Ira 4 t.F ~' r i~ _ f ~s-dc~1~~ ~.t ltd `~'~~f . n Prird or Type Name of Cxaraee r~ AWhor~ed tntauve . _ , ~ ~ Teteptione Number . . here srsr~ueof~nuaaorized .~ _ ~ _ REGISTER ®F OAS' USE ®IdLY ,° ; F®ft PBDR USE ®NL ~ Hate Deed Retxuded / _t 27 value of stamp ~ F.xempi fvwnt>ar - 2a deed e~k ~ ~ a9 wed Pam ~ PlebeaBlta DeparO9l~t of Rebetaue Fwrn Pdo. 2-14667 Rev. 8•g4 ~ Ate tfg 78.214.77-1327,. R.R.S. 1843 : 2-14687 Rev. 91.82 NESR~SlC~- t)EPr4RTM1AENT OF REVENUE - Wfiite Copy COUNTYASSESSOR -• Canaryar~ Pirdt Copies GRPaN1'EE •- Goldenrod Copy. ._. ~~ ,~ RESOLUTION N0.2000 - 4 4 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and Region 5/6 Office of Emergency Management has been prepared and presented to the City Council, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT UPON ROLL CALL,COUNCILMEMBERS sx~~L,R,~~f~THT~N~Y~T~O~Q~KA, McMANIGAL, VOTING "AYE",AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PAS SED AND ADOPTED THIS 24thDAY OF OCTOBER, 2000. CITY OF BLAIR, NEBRASKA BY L A. S, OR ATTEST: / ~ ~~~ ~ ~-_ ~~ BRENDA R. TAYLO ITY 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 2 4 day of October, 2000. a ~ j BRENDA R. TAYLOR, CITY LERK .~ AGREEMENT THIS AGREEMENT made and entered into between the City of Blair, Nebraska. ("Blair' and Region 5/6 Office of Emergency Management ("Region 5/6~OEN~") WHEREAS, the ninety-fourth session of the Nebraska Legislature enacted into law the Nebraska Emergency Management Act of 1996, which directs-each local government to establish _ or participate in a city, village, county or interjurisdictional emergency management organization, and to do certain other acts in connection therewith, and WHEREAS, the Region 5/6 Office of Emergency Management ("Region 5/6 OEM's has been established as an Emergency Management Agency and said agency is iii conformance with the Emergency Management Act, and - WHEREAS, the Emergency Management Act gives cities and villages the option of participating in the Region 5/6 OEM organization, and- WHEREAS, such action is not only required by law, but that it appears to be in, the best interest of the City of Blair, Nebraska ("Blair' and of the citizens thereof to participate in the benefits and responsibilities of said act. FOR VALUABLE CONSIDERATION and the mutual promises and covenants herein, the parties agree as follows:. ~~ 1. That Blair agrees to participate in the Region 5/6 OEM and will cooperate in all reasonable manner with the agency in meeting the requirements and regulations pertaining to the Nebraska Emergency Management Act and Region 5/6 OEM will function as the city's public safety agency in place to mitigate, prepaze for,. respond to and assist in the recovery from disasters and emergencies as espoused by the Federal Emergency Management Agency and the Nebraska Emergency Management Act of 1996. 2. That. all personnel appointments, local- emergency operations plans, standazd operations procedures, job descriptions and other policies in effect on the date of this Agreement will continue in force. 3. The annual fee for such services s all be $.10 per capita based on the most recent U.S. Census figures for Blair and t said fee shall be payable in advance on the first day of November during each yeaz of the term of this Agreement. 4. This Agreement may be terminated by Blair at any time upon thirty (30) days written notice to Region 5/6 OEM. Page One of Two ~-, 5. That Region 5/6 OEM will use its best efforts to accommodate the needs of Blair and agrees to cooperate with the Blair Police Department and Blair Volunteer Fire Department and` Rescue Squad; as reasonably necessary. , CITY OF BLAIR, NEBRASKA REGION 5/6 OFFICE OF EMERGENCY MANAGEMENT y MICHAEL A. S, MAYOR w ' ~~ Page Two of Two RESOLUTION N0.2000- 4.5. COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: ~~ , WHEREAS, the Mayor and City Council have been presented with an Agreement Renewal of the Maintenance Agreement No. 6 with the Nebraska Department of Roads, originally dated December 12, 1994; and WHEREAS, said renewal agreement on file with the City Clerk is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED that said Agreement Renewal of Maintenance Agreement No. 6 with the Nebraska Department of Roads originally dated December 12, 1994, is hereby adopted and approved by the municipality for the calendaz year _2001 and the Mayor and City Clerk of the City of Blair aze hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER FANOELE RESOLUTION BE ADOPTED AS READ, COUNCIL MEMBER SHOTWELL MOVED THAT THE WHICH SAID MOTION WAS SECONDED BY . UPON ROLL CALL, COUNCIL MEMBERS WAITE, SHOTWELL, REALFH, ABBOTT, RYAN BOEKA, FANOELE AND MCMANIGAL VOTING "AYE" AND COUNCIL MEMBERS NONE. VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14~ DAY OF NOVEMBER, 2000.. CITY OF BLAIR, NEBRASKA B . L A. MINES, YOR ATTEST: _//, ~ BRENDA R. TA R (SEAL) STATE OF NEBRASKA ) as: WASHIl~TGTON 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 14~' day of November, 2000.. ~~~~ BRENDA R. TAYLOR, Y CLERK Maintenance Agreement Between the Nebraska Department of Roads and the ~, Municipality of Blair Municipal Extensions in Blair A G: R E E _M f N T R E N E W A' , We hereby agree that Maintenance Agr~ment No. ~, as described above, be renewed for the period January 01, 2001 to December 31, 2001.. . All figures, terms, and exhibifis to remain to effect as per the original. agreement dated December 12, 1994.. IN WITNESS WHEREOF, the parG~es hereto have caused these.presents to be executed by their proper officials thereunto duly authorized as of tfte dates below indicated.' EXECElTED by #~te City this 1~f~' day of ~I~~em.~- ~~~ ~ A'iTEST: CITY OF ~~a.r f ~~ r- City Clerk ayor _ . EXEC~'ED by the,State this ~ c: (~~ day of ~toyP.~,at, <z~,o i STATE OF NEBRASKA .. ,y Maintenance Agreement No. ~ Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of , Municipal Extensions in ,~,[~ AGREEMENT RENEWAL We hereby agree lfiat Maintenance Agreement No. ,~, as described a~ve, be renewed for the period January 01, .2001 to December 31, 2001. A!I figures, terms, and exhibits to remain in effect as per the original agreement dated December iZ, 1994. IN WITNESS WHEREOF, the parties hereto have caused these.presents to be executed by their proper officials thereunto duly authorized_asof the.~date~-.below indicated. EXECUTED by the City this ~ day of~~ l` ~O~~n~r 26c~© ATTEST: C1lY OF ~lu:~~r a n ,f' .r , , , ~ ~~yt~~~ ~'. ~' i-~-- City t~erk • . ayor EXECUTED by the State -this ~(~ day of l ~o~ nor' ~ , z~~ STATE OF NEBRASKA ' . DEPAR NT DS a „.. ~~ ~~° . ~~ r ~ r ~ ,a;~,, ~~~; ~ ._pistrl -E~tgige ~ ,~ ~,: _ ,~f-. CERTIFICATE OF COMPLIANCE Maintenance Agreement No.6 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 ]ohn R. Jacobsen, Nebraska Department of Roads, PO Box 45461, Omaha, Nebraska 68145. ATTEST: ~ ~ ~~ '~ City Clerk day of No~~nl.~'_/ ~ ,,.. a or I~ hereby certify that roadway surface maintenance was performed as listed Agreement and payment for the same'should be~ade.n . / Dept. of Roads _....~. i~~y1~ i~~~~ ~ 3~ ..5'0 CIfiY OF BLAIR 218 S 16TH ST BLAIR, NE 68008 Voice: 4 0214 2 6 - 4191 Fax: 402/426-4195 ... ~- Sold To: STATE OF NEBRASKA P O BOX 37461 OMAHA, NE _68137 Customer ID: STATE Invoice Invoice Number:. 457 Invoice Date: 11/20/00 Page: 1 Customer PO Payment Terms Sales Rep ID Due Date 12/15/00 Description Amount MAINTENANCE AGREEMENT NO. 6 111/01 TO 12/31/Ol 0400041311 ', 13,632.50 Subtotal 13, 632.50 Sales Tax ~~"-~~ Total Invoice Amount 13, 632.50 Check No: Payment Received 0.00 TOTAL 13,632.50 RESOLUTION N0.2000 - 4 6 COUNCILMEMBER ABBOTT INTRODUCED-THE FOLLOWING RESOLUTION: _ t ~: `o~.- .~ ' WHEREAS, an Agreement between the City of Blair, Nebraska, and the Blair Public School District No. 1 of Washington County, Nebraska has been prepared and presented to the City Council, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. -COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS"SECONDED BY COUNCIL MEMBER ABBOTT .UPON R9LL CALL, COUNCIL MEMBERS REALPH, WAITE, RYAN SHOTWELL, MCMANIGAL, BOEKA, ABBOTTVOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2 ~ DAY OF NOVEMBER 2000. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR- ATTEST: ~ ; NDA R. TAYLOR, ~ 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 2 8~' day of November, 2000. BRENDA R. TAYLOR, TY CLERK School Resource C~f~cer 2000-01 a General Info for all schools: ` a Serves a a resource person for all staff stadeYrts and parems on issues affecting the police, and the law o Helps to promote a positive relationship between the Blair Police Deparhnent and the School District o Serve as an integral part of the State required School Safety Committee a Serve as a part of the School District Crisis Response Team a Serve as the Juvenile Justice System Representative for student expulsion cases a Assist the School District with setting up and handling of security issues at large school functions a Serve as the reporting agency and contact when violations of the criminal code occur on school grounds or are divulged to school personnel {as required by State law} a Serve as a member of the .School District Committee organized for the selection of a Drug and Alcohol Program during the 2000-01 school year. a At the High School Ievel: • Serve as a consultant and guest speaker prior to such events as Prom and~-Iomecvming to make students aware of the dangers of drinking and driving • Speak in about 20 classes during the year on topics determined by the classroom teacher (subjects may range from the operation of the Juvenile Justice System to the legal. rights of teens} ~ At the Middle School level: • Speak in the Skills for Adolescence classes when relevant topics presern themselves and as directed by the teacher • Assist with Red Ribbon week activities • Steak with students in the Language Arts classroom at the 6th grad level on topics determined by the teacher a At the Elementary level: • Speak with classrooms, 1-2 times per Year (about 20 fumes yearly) on topics associated with drug and alcohol awareness • Work with such activities as "Wa1k to School Night". and other safety related programs in the school. .SCHOOL RESOURCE OFFICER PROGRAM MEMORANDUM. OF UNDERSTANDING This agreement is entered into between the City of Blair, hereinafter referred~tt~`~as the "City" and School District #1 of Washington County Nebraska. For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this agreement is for the City. to assign one uniformed police officer and a marked police car to the Blair Public School District, for the School Resource Officer Program. The School Resource Officer, hereinafter referred to as "SRO", will work with the school principal(s) to provide alcohol and drug education, maintain a peaceful campus environment, and take appropriate action regarding on-campus or school related illegal activity. 2. TERM. I 2.1 This Agreement shall be effective on the~day of ~ qr 200, and shall continue for a period of four (4) years unless sooner termmat d as provided herein or by further agreement of the parties. 2.2 The City shall provide a SRO on days that school is in session, (except for illness). The School districts shall provide the City of school calendar on or before July ls` of each year. 2.3 The School District may request, and the City shall provide, a SRO at each school for the fall orientation. 2.4 The School District may request, and the City shall provide SRO's for summer school programs, which shall not exceed thirty (30) summer school days. 2.5 During days that schools are not in session, a SRO is subject to other assignments as determined by the City. 3. RELATIONSHIP OF PARTIES. 3.1 The City shall have the status of an independent contractor for the purposes of this Agreement. The SRO assigned to the School District is an employee of the City and shall not be considered employees of the school district and shall be subject to departmental control, supervision, policies, procedures, and General Orders. 3.2 Compensation and fringe benefits shall be paid directly by the City and shall be in accordance with the City of Blair's policies as established for its employees.. The City shall maintain appropriate Worker's Compensation-and~i°3nemploment ° - ~ -- _ Insurance coverage for each police office. 3.3 The SRO will be subject to current procedures in effect for Blair Police Officers, including attendance at all mandated training and testing to maintain state peace officer certification. This training and certification takes place throughout the year and will necessitate the absence of the SRO. 3.4 Both parties recognize that student records may not be released to the SRO pursuant to RRS 79-2, 104. 3.5 Each party to this agreement shall be required to exercise their own independent judgement, under their respective standards, regarding searches. 3.6 The parties, though their respective administrators shall, not less than semi-annually, evaluate the program. 3.7 The SRO shall be a member or the District Safety Committee. 3.8 The City will allow and encourage the SRO to participate as a witness in all school disciplinary proceedings an-ising out of his duties or presence on District premises as an SRO. 4. SCHOOL RESOURCE OFFICER SELECTION, TRANSFER AND REMOVAL. 4.1 The Blair School District and the City will participate on the Selection Panel to recommend a SRO appointment. The Chief of Police will make all assignments. 4.2 If the School District is dissatisfied with the performance of the SRO, representatives for the School District and the City shall meet and attempt to resolve the performance deficits. If, after said meeting either party remains dissatisfied, the SRO will be reassigned to other duties within the Police Department. The City agrees to use reasonable efforts to find a replacement SRO. However, if the City is unable to replace the SRO within a red onable period of time, either party may terminate this Agreement by giving written notice to the other. 4.3 The Chief of Police may reassign a SRO based on Department guidelines and/or General Orders, and in compliance with the all contracts, when it is in the best interest of the City. 4.4 In the event of a resignation, retirement, dismissal or reassignment of an SRO, in the case of long term absences by an SRO, the Chief of Police shall provide a temporary replacement for the SRO within thirty (30) school days of rec~i~rg°notce of such = °`~ absence, dismissal, resignation or reassignment if this does not present an undue hardship on the effectiveness of the departments' mission. 5. SCHOOL RESOURCE OFFICE RESPONSIBILITIES. 5.1 Work in concert with the school principal(s), or the school designate, meeting with the principal(s) on a weekly basis. 5.2 Provide instruction addressing tobacco, alcohol, and other drug issues, and addressing violence diffusion, violence prevention and safely issues in the school. 5.3 Act as a communication liaison with law enforcement agencies, and provide basic information concerning students. on the campus served by the off cer. 5.4 Present programs to parents on issues related to tobacco, alcohol, and other drugs, violence prevention, and safety and security. 5.5 Provide informational in-services for staff on issues related to alcohol and other drugs and the law, violence, gangs, safety, and security. 5.6 Gather information regarding potential problems such as criminal activiTy, gang activity and student unrest, and attempt to identify particular individuals who may be a disruptive influence to the school andlor students. 5.7 Assist in maintaining order and enforcing school policies on school property. In conjunction with school officials, the SRO will take the appropriate law enforcement action, consistent with a police officer's duty. As soon as practicable, the SRO shall make the principal of the school aware of such action. At the principal's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the SRO may do so under the authority of law. Whenever practicable, the SRO shall advise the principal before requesting additional police assistance on campus. 5.8 Refer students and/or their families to the appropriate agencies for assistance when need is determined. 5.9 The SRO shall not act as a school disciplinarian. However, if the principal believes an incident is a violation of the. law, the principal may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. 5.10 The SRO can perform other duties as maybe mutually agreed upon by the City and 'the District. Provided further that nothing required herein is intended to or will constitif~~a° lationship of "`° " ` . ~> duty for the assigned police office or the City beyond the general duties that exist for law enforcement office within the state. 6. COSTS. 6.1 There will be no cost to the School District for the first three years of the contract. 6.2 During the fourth year of this contract, the District will pay a per diem rate for each day (defined as 8:00 a.rn. to 4:00 p.m.) the SRO is performing the duties of the SRO as provided herein. The per diem rate will be equal to one-half of the total annual cost of wages and benefits payable to the SRO divided by 187. 6.3 The City and School District agree to a four (4) year commitment to this agreement, provided should the City fail to provide an SRO for a minimum of 80 days per academic semester, the School District shall have the right to terminate this agreement for all subsequent semesters. 6.4 The District will not pay the City for: 6.4a overtime; 6.4b non-school related experi~es related to or resulting from law enforcement related activities, such as criminal investigations and responses to gang fights, assaults, arson, or court appearances. 6.5 The City shall be responsible for the SRO's compensation on days when schools are session and the officer is not at his assignment, unless the SRO's absence is due to attending an off campus activity at the school's request. 6.6 The City shall be responsible for the SRO's compensation on all holidays, vacation days, or sick leave days. 6.7 The City agrees to pay all other costs, including training and certification, unless such training is requested or mandated by the School District. i 7. TIME AND PLACE OF PERFORMANCE. 7.1 City will assure that the SRO will be on the campus each day that school is in session {except for illness) during the regular school year. The SRO's activities will be restricted to the assigned school campus except for: 7.1 a Follow-up home visits when needed as a result of school related student problems. 7.1b School related off-campus activities when the principal requests officer participation. 7.1c Response to off-campus, but school related criminal acti~ity~~`~~~`~<. yT~`' ~ - ~. 7.1 d Response to emergency law enforcement activities or court appearances. 7.2 Regular working hours may be adjusted on a situational basis with the consent of the SRO's supervisor. These adjustments should be approved prior to the change and should be to cover scheduled school related activity requiring the presence of law enforcement officer. 8. DISTRICT RESPONSIBILITIES. 8.1 The District will provide the SRO with access to an office and such equipment as is necessary at the school. This equipment shall include, but notlimited to, a telephone, fax, copier, filing space capable of being secured, and access to a computer and/or secretarial assistance. City of Blair School District#ljof Washington County Nebraska ft ~ Y RESOLUTION N0.2000 - 47 COUNCIL MEMBER RESOLUTION: RYAN INTRODUCED THE FOLLOWING ~. - . __ ~. ~.,.. . ,=~~3 BE IT RESOLVED THAT to be in compliance with U. S. Department of Transportation's Procedures of the Transportation Workplace Drug and Alcohol Testing Programs 49 CFR §40 (1995) it is necessary for the .City of Blair, Nebraska to require all of the employees who have commercial drivers licenses and operate commercial vehicles for the City of Blair, Nebraska to be subject to random drug testing. BE IT RESOLVED THAT the personal manual for. the City of Blair, Nebraska be and hereby is amended to implement the Substance Abuse Testing Procedures setforth on Exhibit "A" attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIl2, NEBRASKA, that the personal manual. of the City of Blair, Nebraska be amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT .UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, BOEKA, ABBOT AND RYAN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2000. CITY OF BLAIR, NEBRASKA B CHAEL A. ,MAYOR ATTEST: /~1~7691 `J'( BRENDA R TAYLOR, CIT CLERK (SEAL) .~ j ,.. STATE OF NEBRASKA ) as: 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 at a regular meeting of the Mayor and City Council of said City held on the 2 8th day of November, 2000. BRENDA R TAYLOR, Y CLERK nEXHIMBIT Arr ARTICLE 14-4: I1VII.A MDDEL SUBSTANCE ABUSE T1+rST~N~~ b~LtDINANCE ~ `~_ ";: ~: .~:,, Section 14-401 Defmitions 14402 Substance .Abuse Testing Policy 14403 Prohibited Drugs . 14404 Testing Program Guidelines 14405 Alcohol Testing 14406 Split Sample Testing of Urine Specimens 14407 Conf~dentialiry 14-408 Pre-Employment Applicant Testing and procedures 14409 Reasonable Suspicion Testing 14410. Post AccidentTesting 14411 Retwrrrto-Duty and Follow Up . Testing 14412 Random Testing 14413 Refusing to Take a Test SECTION 14-4f}1_ Definitions. _ As used in this ordinance, the following words and phrases. shall have the meanings indicated unless the context clearly indicates otherwise: (a) Alcohol means ethyl alcohol (ethanol} in a beverage or medicarion. (b) Breath alcohol technician (BAT) means.. a City .supervisor or collection site technician trained and certified in the use of a DOT approved evidential breath testing device. ~: {c) Collection site personnel means technicians who instrucx and assist individuals at a collection site a~i receive and make an initial examination 'of the urine specimen provided by those individuals. Collection site personnel shall have successfully completed training to carry out this function or shall be a licensed medical professional or technician who. has been provided DOT -instructions for collection. Technicians tray also be BATs. (d) Commercial driver's license (CDL) means a private driver's license issued-by the State of ~_ -. _~ to afford a duahified .and competent individual the privilege of operating a commercial motor vehicle. (e) Contractor means the organization having knowledge and experience in SAMHSA laboratory drug testing procedures that is hired by the employee relations department to select employees for random testing. (f} DHHS means 'the U_S. Department of Health and Human Services. . (g) Director -means the director of the department of employee relations or his designee. {h} DOT means the U.S. Department of Transportation. (i} Employee means any person in the employ of the City whose activities aze directed by the City. {j) Employee assistance program (EAP) means the program provided by the City to assist employees in dealing with personal problems that, among other things, may involve drug abuse and/or alcohol misuse and affect job performance. {k) Evidential brecuh testing device (EBT) means an instrument reliable in measuring alcohol concentration in breath that meets the National Highway Traffic Safety Administration specifications, -and is included in the conforming products list of evidential breath testing devices. (!) Failed alcohol test result means the presence of alcohol in the breath ax a level of .04 or greater as confirmed. by an evidential breath testing device administered by a trained and certified breath alcohol technician (BA'T}- 144.1 Il1ZI,A Model ®rdinance Service (m} tY~edical review offzcer (iVIRO) means a licensed physician responsible -for receiving Iaboratory results generated by the City's drug testing program. The IvIRO shall- have knowledge of substance abuse disorders and have appropriate medical .training to interpret .and evaluate an individual's positive test .result together. with that individual's medical history and arty other relevant biomedical information. the public where the unsafe performance of an employee. could result in death or injury to self or others, .including ..but, ;~notI.im~ted '.to • gall -sv~om personnel, emergency communicata~s clerks,- police clerks working within the .dispatch section, supervisory positions, firefighters/pazamedic, dispatchers, mechanics, fire. apparatus engineers, fire investigators and fire inspectors. (n) Negative test result means (i) the absence of drugs in the urine of an employee/applicant based on levels defined by SAM1iSA and confirmed by a SAIv1HSA certified laboratory and/or a medical review officer; or (ii) the absence of alcohol in breath based on levels defined in 49 C.F.R., Part 653 and 654, and' confirmed by a SAMHSA certified laboratory or evidential breath testing device (EBT). (o} Periodic unannounced test means a substance abuse test given to an employee as part of a return to-duty contracx: This. is not to be confused with random testing. (p) Positive drug test result means the presence of drugs} in the urine of an applicant/emgloyee based _ on .Levels defined by the SAMHSA as _ confirmed by a SAMI3SA certified laboratory and a medical ieview officer. {q} Post-accident test means a substance abuse test given to an employee when an accident has occurred .and .:drugs and/or alcohol may be a contributing factor in the accident and/or significant damage to life and/or property has occurred, (r} Pre-employment test means a substance abuse test given. tQ a successful applicant for a public safety or safety sensitive position. {s) Promotion means a change in the status of an employee from a position of one class to a position : of another class having a higher salary range. (t) Public safety position means a position in the police or fire department having a substantially significant degree of responsibility for the safety. of (u) Random test means an unannounced substance abuse test given periodically to employees. who are required by government regulations to be subjerx to, random testing, and police snd fire personnel.. classifications subject to random .testing under this Ordinance. {v) Reasonable suspicion test means a test based on objective abservationJinformation indicating that an .employee may be violating this Ordinance and/or the Substance Abuse Operating Policy (Attachment A}. (w) Return-to-dory contract means a contract between the City and an employee, which allows an employee continued .employment under stringent guidelines prohibiting use of drugs. and alcohol. Failure to meet contract terms, including successfully passing substance ..abuse. tests, shall ..result in termination. (x) Safety-sensitive position means a position requiring a commercial .driver's license (CDI.) and having a .substantially significant - .degree of responsibility for the safe operation of mass transportation and motor carrier service where the unsafe •performance of an incumbent could xesult in death or injury to self or others. Safety-sensitive positions include, but aze not limited to: {1) Bus .operator, route inspector, shift supervisor, operations supervisor, mechanics, other shop personnel, aril anyone supervising employees in the aforementioned positions, in the public transportation department; (2} Positions requiring a CDL; and 14.2 Substance Abuse Testing {3) Any other positions determined to be safety-sensitive under 49 C.F.R Part 653 and 654. (y) SAMHSA means the Substance Abuse and Mental Health Services Administration,. which is responsible for laboratory certification. (z) Split sample collection means 'urine collected in a single specimen bottle or container, and subdivided into two specimen bottles, one bottle to be used as the primary specimen, the other bottle to be used as a split specimen. Both specimen bottles aze labeled and sealed and both specimen bottles aze shipped to the testing laboratory in a single shipping container. (aa) Substance abuse means use of prohibited drugs as defined in .Section 14=403 or inappropriate consumption of alcohols prescription drugs, and/or over-the-counter medication. {bb} Substance abuse. professional {SAP) means a licensed physician -with a Medical Doctor or a Doctor of Osteopathy degree with knowledge of and clinical experience in the diagnosis and treatment of alcohol ancUor drug related disorders; or a licensed or certif ed psychologist, social worker or employee assistance professional with knowledge of and clinical experience in the- diagnosis and treatment of alcohol ancUor dntg related disorders, or alcohol and/or drug abuse counselors certified by the National Association of Alcoholism and Drug. Abuse Counselors (NAADAC) Certification Commission. This does not include state-certified counselors. {cc) Successful. applicant means a person who :has .been selected to fill a position, subject to successful completion of a drug/alcohoI screening test.. (dd) Testing cuto,~levels means the most current, applicable SAMHSA Panel cutoff levels for drugs, and, the most. current applicable cutoff levels established by the DOT for atcohoi, to determine the presence of drugs andJor alcohol. SECTION 14-402. Substance Abuse Testing Policy. {a} Testing 'Fh~C'rty=5~ial~use drug and alcohol ~~° . tests to determine whether employees or applicants for employment aze incompliance with the Substance Abuse Operating Policy (Attachment A} incorporated in and made a part of this Ordinance by reference. Every, substance abuse test shall include two components; alcohol and drugs. (b} Effect of testing results. (1) Positive results for aurinalysis -drug test will result in disciplinary action or ternunation in the case of city employees, and. disqualification from employment consideration in the case of applicants for employment. (2} Failure to pass a breath alcohol test will result in disciplinary action or termination in the case of city employees, and disqualification from employmeni consideration in the case of applicants for employment as follows: {i) Employees testing at a .02 alcohol concentration or greater but Tess than a .04 alcohol concentration will be disciplined, but not terminated, based solely an the test results alone. The employee immediately shall be removed from the work site. The employee may not return to duty :within eight (8) hours of the first test unless the employee repeats the breath test and has an alcohol concentration. that measures less than .02. The employee shall be placed on paid Leave that shall be deducted from annual leave: An employee who does not .have sufficient leave will be charged Leave `without pay. (u~ If the results of the test -show an alcohol concentration of .04 or greater, the employee has failed the test and the employee shall be removed from hislher position and placed on leave without :pay. Within 48 hours of the test, the employee shall be informed by their supervisor of educational 'and substance abuse treatment programs, and be evaluated by a .SAP. The determination of the SAP shall be considered in further decisions regazding continued employment of the employee. ' 14-4.3 I11fiI.A Model Ordinance Service (c) Reapplication after a positive and/or failed test. (i) An applicant who is disqualified or an employee who is terrninated based on a positive drug -and/or failed alcohol test result may not reapply for employment for az least one year after the disqualification or termination has taken place. The ' applicant or employee shall submit io the employee relations director a certificaxe on which the attending SAP certifies that the individual has .successfully participated in an appropriate treatment program. The .treatment program shall typically be az least .twelve (12) months in~ duration, including in patient treatment, out patient ireatmenf, and after-care. The individual -may not .have tested positive for drugs or failed ` an alcohol test at any point during the treatment program. The program shall have included. unannounced testing az the cutoff levels defined in this Ordinance. (2) At the discretion of the employee relations director, consideration for re-employment or employment may be denied even if all criteria have been met. ,.~~ SECTION i4-403, Prolu~ited Drags. included only when protocols and threshold levels for laboratory testing are established and approved by . - ~;. (b)' Drugs identified in Schedule I or II of the Controlled Substances Act, 21 U.S.C. § 80i et seq., and 21 C.F.R. §§. 1308.11 and 1308.12 may be considered Legal when -used pursuant to a -valid prescription or otherwise authorized by law. (c} Notwithstanding Paragraph (b) of this Section, if usage.causes unsafe or poor performance such usage shall be a violation of this Ordinance and the Substance Abuse Operating Policy {Attachment A). SECTIOI~T 14-4!}4. Testing Program Guidelines. (a} Testing times. Except as otherwise provided in this Paragraph, all testing shall be conducted just before, during, or just after scheduled duty hours. Employees- tested just before ,or just after. their scheduled shift will be entitled. to compensation for the time spent outside their scheduled shift accomplishing. the test. When required as a result of reasonable suspicion or an accident, testing shall occur as close as possible to the triggering event. (a) . Subject to. Paragraph ' (b) of this Section, prohibited drags for which testing shall be conducted are: (1) Marijuana, Cocaine, Opiates, Phencyclidine (PCP}, and Amphetamines. specified. in Schedule . I. or Schedule II of the Controlled Substances Act, 21 U.S.C. §801 et seq., and 21 C.F.R. §§ 1308.11 and 1308.12; and {2} Additional substances listed in Schedule I or II of the Controlled Substances Act,. 21 U.S_G. § 801 et seq., and 21 C.F.R. §§ 1308.11 and 1308. i2 which are determined necessary for inclusion on the list.. of prohibited drugs by the employee relations director and approved by the medical officer. of the City and for which notice of testing therefor has been given to all affected .employees. Additional substances determined necessary for inclusion will be {b) Testing accessibility. The City has made provision for 24hour a day, 365-day a year substance abuse testing. The employee relations department shall be responsible for notifying departments of-the name, location, and telephone number for designated coIIection sites. Such information shall be posted in each department. {c) Testing personnel. City -work site 'breath alcohol testing- for both initial and confirmazory tests shall be ,conducted by BATs trained in DOT procedures and in operation of EBTs_ A Iist of City BATs _ shall be . posted in _ each deparnnent. The employee relations department shall furnish all City agencies and unions with a list containing the name, telephone number, and hours of availability for each .BAT. -All other substance abuse testing shall be conducted by collection -site personnel and..- a SAMHSA certified laboratory. 14-4.4 Substance Abuse Testing • (d) Methods of testing. Testing shaII be done through analysis of urine specimens .and breath samples provided by applicants/employees. -Each substance abuse test shall have two components, a test for the presence of alcohol and a test for the presence of drugs. Urine specimens shall be analyzed with animmunoassay-screening test. Positive test .results from the immunoassay shall be confirmed by a Gas Chromatography-Mass Spearometry {GC=MS) test. The presence of alcohol shad be determined by an EBT. chain of custody shall be maintained on each specimen as described in 49 C.F.R.. Part 553 and 554. _ , ~:'~ ° ~sr ~s.t.a+. .~ ~. SECTION 14-405. Alcohol Testing. {a} Breath alcohol testing shall be administered for pre-employment, random, reasonable suspicion, post-accident, and return to-dutylfollow-up testing. Pre-employment alcohol testing shall be conducted on the basis of the City's independent authority. {e} Collection sites/testing laboratories. Collection of urine specimens breath samples from applicants for City employment and City employees shall be done at designated collection sites, using the. "split-sample" method for. collection of -urine specimens. Urine collection shall be scheduled by -the employee relations department and performed by collection site personnel. (f) City work sites. Breath testing. at the work site shall be coordinated by designated department supervisory personnel. The breath .sample shall be collected at a site that optimizes confidentiality (1) Substance abuse testing for preemployment, random, and returnto-duty/follow- up testing shall be administered at a designated City collection site or testing laboratory by collection site personnel. (2} In instances where reasonable suspicion or post accident testing are .required and .the appropriate alcohol .testing device and a BAT are readily accessible, -the alcohol test shall be administered at a City .work site: The drug test shall then be administered at a designated City collection site or testing laboratory.. If the appropriate testing device and/or BAT are not readily accessible, both tests shall be administered at a designated .City collection site or testing laboratory. (g) Compliance and chainof-custody. The' collection-site shall adhere to the collection provisions set forth in 49 C.F.R. Part 653. and 654. A strict {b) Alcohol-level breath testing shall be performed by a BAT. An employee's direct supervisor may not perform as a BAT except in. circumstances where there is no other BAT readily available. (c) Safety-sensitive employees shall be tested on an evidential breath testing device, according to 49 C.F.R. Part 553 and 654. Employees with a CDL .shall be allowed to take the alcohol breath test only in accordance with rules specif ed in (c)(2). (1) Screen test. The initial test shall be done using an EBT in accordance with 49 C.F.R. 41 Part 553 and 654. If the initial ..test results are .less than a .OZ alcohol concentration, then the test results are negative and shall be reparted by the BAT as such. If the initial test results are A2 or greater, a confirmatory test shall be conducted. (2) Confirmatory test. The .confirmatory test may be conducted on the same EBT as the initial test in accordance with 49 C.F.R. Part 553 and 654. Before ~ the confirmatory test may be given, a minimum of 1.5 minutes must pass for either the same EBT machine to clear or before the use of another EBT machine. The confirmation test shall be given within 20 minutes of the time the initial ,test was .performed. Only the results of the confirmatory test shall be reported, irrespective of the results of the initial test: 14-4.5 ~~~ IMLA Model Ordinance Service SECTION. I4-4t16. Split Sample Testing of Urine Specimens. (a) In instances when a urinalysis test result is positive, an employee or applicant may wish to have the specimen analyzed again. In order to provide for this eventuality, the procedure for collecting urine specimens shall be a split sample collection for all employees and applicants. SECTION 14448. Pre-F.~nployment Applicant Testing and Procedure. ~... _: (a) Pre-employment dnig arralcohol testing shall be the -final step in the selection process for safety-sensitive and public safety positions. Pre- employment testing may result from the employment actions of new' hire, rehire, promotion, -demotion, transfer, reinstatement, and reemployment. {b) An applicant/employee may obtain a split sample test on a urine specimen if the analysis of the initial specimen confirms a positive drug test result for the presence of prohibited. drugs: -The applicant/employee has 72 hours from notification of the positive test results to request,. through the MRU, that the split sample specimen be sent to another SANII3SA certified laboratory for analysis. {1) Any .split sample .test shall be performed. by a SAMHSA certified laboratory of the agpIicant's/employee's choice. The full .cost of any split sample test shaIl be paid ' by the individual or union .requesting the test. The same methods and standards for chairrof-custody and notification shail~-~ be applicable to a. split sample test. The. SAMHSA cutoff levels shaIl be used for split sample tests of urine specimens. (2) If the split sample result is negative,. the positive result of the initial testis canceled and no further adverse action shall be .taken against the employee based on the initial positive result. SECTION i4-40'7< Confidentiality. . (a) Individuals shall have authorized access to substance -abuse test results and related information only on a strict need-to-laiow basis, as determined by the director of employee relation. {b} The detailed laboratory analysis of a urine specimen may be released by the IvIRO, upon written request from the applicant/employee. The employee relations department shall adhere to applicable federal .regulations with regard to confidential documents and information. (1) Employees insafety-sensitive or public safety positions shall be required to take a substance abuse test for transfer, promotion, or demotion unless this requirement is waived by the director because an employee has passed a substance abuse test within the Iast thirty (3Q) days: {2) .Failure to take and successfully pass the substance. abuse. test shall disqualify the applicant: (b) Procedures. The following procedures shall be utilized in pre-employment testing: {l) The employment office shall. notify applicants/employees in writing of the requirements . for testing and the consequences of positive drug and/or failed alcohol test results. {2) The employment office shaII grovide to the collection site perfommel the names of those applicantslemployees who aze to be tested. {3} The employment office shall contact the applicantlemployee and schedule appointments .for collection of urine sgecimens/breath samples from the designated individuals. {4} The employment office shall notify each applicant/employee to be tested of the date, time, and place of the: appointment: The applicant/employee shall be required to appear for the test at the designated time. {5) .Collection site personnel shall follow the guidelines for collection ofurine specimens/breath samples: 144.6 Substance Abuse Testing (6) The laboratory shall analyze urine specimens/breath samples in accordance with guidelines for urine specimen breath sample analysis. (7) The MRO shall review positive drug test results in accordance. with guidelines. (8) Positive drug test results submitted by the MRO shall disqualify the employee/applicant from the position for which the employee/applicant is being considered. The employee relations department shall inform the applicant of such disqualification and shall terminate an applicant employee. (9) A failed alcohol test shall disqualify the employee/applicant from the position for which the employee/applicant is being considered... The employee relations department shall inform the applicant of such discNalification and shall terminate an applicant employee. {ld) An employee/applicant whose alcohol testing results are .02 or greater but less than 0.4 shall be disqualified from.the position for which the employee/applicant is being considered. -• .The employee relations department shall inform the applicant of such disqual~cation and shall take appropriate disciplinary action against the applicant employee. SECTION 14-409. Reasonable Suspicion Testing. (a) Reasonable suspicion testing shall be conducted when there are reasonable and specific grounds to believe that the poor performance or unsafe acts of an employee aze due to a violation of this Ordinance. (ii) A pattern of abnormal conduct or erratic behavior. (2) Althoig"l~`reasonable suspicion testing does not require certainty, mere "hunches" aze not. sufficient.. The employee relations department shall review the circumstances under which reasonable suspicion testing is requested and authorize the test if .• circumstances warrant. The "Supervisors' Reasonable Suspicion .Observation Checklist" (Attachment B} shall be utilized to assist supervisors in making reasonable suspicion determinations. (b} Reasonable suspicion procedure. When a City supervisor who has been trained in the signs and symptoms of drug abuse and/or alcohol misuse .observes behavior or appearance that is characteristic of alcohol misuse or drug abuse, the supervisor shall complete the "Supervisors' Reasonable Suspicion Observation Checklist" (Attachment B). The supervisor shall call the employee relations department immediately after completing .the "Supervisors' Reasonable Suspicion Observation Checklist." A determination concerning the . appropriateness of testing shall be made within one (1) hour. If a test is authorized, testing shall occur as soon- as possible but no later than thirty-two (32} hours .for drugs and no later than eight {8) hours for alcohol. >f a test is administered, .the "Supervisors' Reasonable Suspicion Observation Checklist" shall be forwarded. to the employee relations department iio later than twenty-four (24) hours following the approval to testa The .form shall .contain as much detail as possible outlining observations upon which reasonable suspicion was based. {1) For situations in which health and safety are not an immediate issue: (1} Reasonable suspicion testing may be based upon, among other things: (i) Observable phenomena, including but. not limited to direct observation of drug use or possible alcohol consumption or .possession, and/or the physical spiaptoms of drug abuse and/or alcohol misuse; and (i) Immediately after becoming awaze of factors leading to a reasonable suspicion determination, the supervisor of the employee who is suspected of drug. abuse and/or alcohol misuse shall report to the employee relations department those reasonable and specific grounds which have resulted in reasonable suspicion using the "Supervisors' Reasonable Suspicion Observation Checklist" (Attachment B); • 14-4.7 IlVILA Model Ordinance Service - (ii) If the reasonable and specific grounds do not meet the criteria for reasonable suspicion, the employee relations department shall. so advise the supervisor and the supervisor may talk to andlor discipline the employee as appropriate on the behavioral and performance aspects of the employee's conduct which have caused concern. This discussion and/or disciplinary action. shall focus on conduct and w performance; .and (iiu~ if the reasonable and specific grounds meet the criteria for reasonable suspicion, the supervisor. and the employee shall meet as soon as possible after the occurrence. The discussion at the meeting shall .focus on the behavioral and perfornance aspects of the employee's conduct that have resulted in reasonable suspicion. The employee shall. be notif ed of the requirement °to test at that meeting.. The supervisor then shall escort: the employee to the collection site. {2} For: situations in which an employee's behavior poses a .potential present danger to the health and/or .safety of .the employee,: other employees}, or the public and it is reasonably-°" suspected that such behavior has resulted from drug abuse and/or. alcohol misuse, the :supervisor shall act immediately to eliminate or reduce the present danger to health and safety by: _ {i} Requiring the employee to cease performing the danger causing activity immediately until the potential danger causing behavior itself has been eliminated; (ii} Arranging for. the employee to Ieave the scene, under escort if necessary,. and return to an appropriate City work site or collearon site or otherwise remain in a glace where no person's health and- safety is endangered. Under no circumstances shall as employee be allowed to driue a vehicle or operate City equipment if the .employee is suspected of violating the Substance Abuses Operating Policy (Attachment A) or this Ordinance.. The employee's supervisor .shall make arrangements for the employee's transportation home following testing. If the. employee appears to be in violation of .the Substance Abuse Operating .Policy (Attachment A) and this Ordinance and insists on driving,.. the supervisor shall notify the Police, Department or State Troopers immediateiy~~~'Ite=~gtiYee-~--relations department shall be contacted and~° advised of the situation; and {iii) Following elimination of the present danger to health and/or safety: (A} The supervisor of the employee who is suspected of drug ,abase andlor alcohol misuse shad immediately report to the employee relations department those reasonable and specific grounds which. have resulted in reasonable suspicion. (B} If the reasonable and specific grounds: do not meet. the criteria for reasonable suspicion, refer to Paragraph (b){1}(ii}'of this Section. (C) If the reasonable and specific grounds meet the criteria for reasonable suspicion, refer to Paragraph {b}{1){iii) of this Section. (3) Collection site personnel- shall follow the guidelines for collection. (4) The laboratory shall analyze urine specimensPoreath sanrples in accordance with guidelines for analysis. (~ The MRO shall review positive drag test results in accordance with guidelines: (6) The: employee shall- be removed from duty in accordance .with this Ordinance until further notification.- SECTION 14-410. Post Accident Testing. (a) Post-accident testing shall be conducted for any employee involved in a work related accident that results in a citation for a moving violation, death, personal- injury or medical help required away.from the scene of the accident, damage to City or private property, or a vehicle being. towed from the scene of the accident or removed from service. For all other 14-4.8 Substance Abuse Testing accidents where a supervisor has reasonable and specific grounds to believe a substance abuse test is appropriate, "reasonable suspicion" procedures shall be reviewed and followed. (b) Post-accident testing procedure. When post- accident testing is required by this Section, any employee who is directly involved in the incident shall be subject to the specific criteria set forth below. for being tested for drugs and/or alcohol. The first priority shall be treatment of . any injuries and cooperation with Iaw enforcement personnel.. (1) When required by this Section, City supervisors shall initiate testing procedures as appropriate,. regardless of the decision to test by law enforcement personnel_ If law enforcement personnel do not allow the employee to undergo separate .City testing, the supervisor ~ shall notify the employee relations department as soon as possible. (2) Post-accident alcohol testing shall be done as -soon as possible but no later than eight (8) hours after the accident and post-accident drug testing shall be done no later than thirty two {32) hours after the accident. .~ (3} If an accident resulting in damage to City or private property was caused by a public safety .employee,. operating within standard operating policy guidelines, the. requirement for post-accident testing may be waived by a command officer for police department employees, or the health and safety officer for fire department employees. hospitalization of the employee;. the employee relations department shall notify the collection-site to arrange for testing..The~employee shall. be. notified of , the testing. If the eiripl'o~~~-~conscious:aiid`unable' "~: . to consent to a substance abuse test, the employee shall be required to sign a release as soon as the attending physician determines the employee is able to do so. At that time, the employee shall sign .the necessary forms and provide a urine specimen/breath sample. {iii) The employee relations department shall arrange for the test with collection site personnel, or authorize the supervisor to do so. (iv) Collection site personnel shall follow the guidelines for. urine. specimens/breath samples. (v) In the event of hospitalization of the employee, collection site personnel shall notify the employee relazians department that the: testing was conducted. (vi} The emplayee shall be removed from -duty in accordance with this Ordinance. (5} Nothing is this Section .shall preclude reasonable suspicion testing where facts and circumstances may not require post accident testing. SECTION 14-411. Return to-Dut3' and Follow Up Testing. {4) The following procedure shall be followed for post-accident testing: (i} The supervisor shall, immediately inform the employee that a substance abuse test is required as soon as is reasonable and possible.. City personnel, at. all times, shall cooperate with law enforcement authorities. (ii) The supervisor shall immediately report .the incident to the employee relations department. The employee shall be tested as soon after the accident as possible. In instances of (a} Return to-duty and follow-ug testing shall be required 1) when an employee self reports a substance abuse problem prior to taking adrug -test .which results in a confirmed positive or prior to taking an alcohoi test with a result greater than .02 and enters a treatment' program; or 2) when an employee has violated the Substance Abuse .Operating ' Policy (Attachment A) and/or this. Ordinance and. as a condition of continued employment agrees to a return to-duty cantraa. (1} Testing under this Section shall be conducted: 144.9 IlVdI.A Model Ordinance Service (i) After an alcohol test result of greater than _02;' (ii} As part of a return-to-duty contract; ar (iii) After an employee has notified his/her supervisor of the employee's participation in ` a substance abuse treatment program.. ~~ {2) Once areturn-to-duty contract has been agreed to by the employee, supervisor,- and union {where applicable}, as welly reviewed and-approved by the employee relations depar~nent and other appropriate.. authorities, the following steps shall be taken: {i) The SAP shaI1 establish an individualized testing schedule. {2) ; An employee may be tested at any time during: (i} .The period of the employee's participation in the substance abuse treatment Pro~~~ {ii) The 6U-month period immediately following ..the employee's return to .duty after successful completion of a substance abuse:treatment Proms; or {iu~ The time-frame outlined in -the returirto-duty contract. ~.,. (b) Return to-duty. and follow~p testing procedure. Whenever an employee who has violated the Substance Abuse Operating ;Policy (Attachment A} or this Ordinance. is allowed to .return to .duty, substance abuse testing shall be conducted on a periodic unannounced basis for up to 60 months following his/her return to d~ry..The affirn;ative action/compliancemonager shall oversee the inclusion of this testing requirement in return-to-duty contracts that is part of grievance resolutions, arbitration decisions,. job jeopardy contracts, or voluntary rehabilitation decisions.. (1) Theretur~rto-dutycontractshaliclearly outline the supervisor's desired performance goals and employee obligations including remaining eottipleteIy drug and/or alcohol free. The contract shall also eieazly state the disciplinary :action that shall be taken if the employee fails to adhere to the provisions of the contract. A violation of the contract may result in discipline up to and including termination, (ii) The SAP shall keep the schedule confidential and secured. The City may require testing at anytime while the return-to-duty contract is in effect. {iii) The SAP shall notify the employee's supervisor one day prior to the substance abuse test. The supervisor shall keep this information confidential.. (iv} The supervisor may inform the employee of the test. no earlier than ane hour prior to the collection appointment. {v} Once notified, the employee shall immediately go to the collection site accompanied by the supervisor. {vi) Urine specimen breath sample collection, analysis, review, and employee relations department response shall be-done in accordance with procedures specified. in this' Ordinance. SECTION 14-412. Random Testing. (a) Random testing shall only be applicable to employees required by government regulations and/or this Ordinance to be subject to random testing, including but not. Iimited to police department and fire department employees in classifications subject to random .testing under this .Ordinance. Once each month,. the contractor shall randomly select the appropriate percentage of employees, as determined by the employee relations department, employed in safety-sensitive and public safety positions to be 14-4.IO ,. . Substance Abuse Testing tested. The selection shall be performed through use of a statistically valid computer random selection method. (b) .Random testing procedure. Random testing shall be conducted just before, during, or just after scheduled duty hours. (1) The employee relations department shall provide the contractor with the identification of employees to be included in a statistically valid computer random selection grogram which allows for each employee in asafety-sensitive or public safety position to have an equal chance of being tested. {2) The testing dates and times shall. be with ,unpredictable frequency throughout the year. Some safety-sensitive or public safety employees may be tested more than once a year; some may not be tested at all depending upon the random selection. All safety-sensitive and public safety employees remain in the random selection pool at atI times, regardless of whether or not they have been previously selected .:for testing. (b} Refusing to submit to a substance abuse test includes,. but is not limited to: ~:.F~ ~e_ (1} Inab~lity~oprov-ode sufficient quantities '•' of breath or urine to be tested without a valid medical explanation;: - (2) Tampering with or attempting to -adulterate the specimen or collection procedure; (3) Not .reporting to the collection site in the time allotted; or (4) Leaving the scene of an accident without a valid reason before the tests have been conduced. {3) Supervisors of the employees to be tested shall be notified by the affirmative action compliance manager of the dates of the test appointments. That. information shall be held in confidence. Employees are to receive NO prior notification. The supervisor shad notify each employee to be tested and a supervisor shall escort them to the collection site. The employee is required to report for the test immediately. Specimen coIIeciion, analysis, review,. and employee relations department response shall be accomplished. in accordance with this Ordinance.. Employees hired during the year shall be added to the selection pool during the month following their hire. SECTION 14-413. Refusing to Take a Test. `(a) Refusing to :take or submit to a substance abuse test for airy reason shall be construed as a positive drug test result and all provisions relating to a positive drug test result shall be applicable. 14-4.11 IlVILA Model Ordinance Service ~ J RESOLUTION N0.2000 - 4 8 COUNCILMEMBER SHOTWELL INTRODUCEDT'HEFQLLOWIlV~G RESOLUTTOIV: BE IT RESOLVED BY THE A~A,YOR AND C1TY COUNCIL OF THE CITY OF $LAIIZ, NEBRASKA, THAT US Back, Washington County Bank, and Two Rivers State Bank are l~,ereby designated as depositories fox City fields. BE IT FURTHER RESOLVED THAT the Mayor of the City together with either the City CIerI~ or the City Treastu~r are hereby suthoxized to sign checks, drafts, or athEr withdrawal orders, issued agai~t the funds of the City of Blair on deposit with US Batik, Washington County Bank, and Two Rivers State Bank, or for the investment of excess £wuds. COZJNCILMEMBER ABBOTT MOVED THAT THE RESOLU'X'YON BE ADOPTED .A;S READ, WHICH SAID MUTTON WAS SECONDED BY COU~TCILFviEMBER SHOTWELI, UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, BIFFAR WOLFF AND ABBOTT VOTING".A,YE"AND COUNCII.MEMBERS NONE VQTII+iG `~VAY", THEMAYOR DECLARED TFIE FOREGOING RESOLUI~ON PASSED AND APPROVED THIS 12th DAY OF DECEMBER, 2000. CITY OF $LAIR, NEBRASKA B LA, R ATTEST: /l - BRENDA R. TA-XLOR, CLERK fS~) ~ _r STATE OF NEBRASKA. ss: WASHZNC~TrTON COUNTY ) BRENDA R. TAYLOR, hereby certi~les that slie is the duly appointed, c~al~ied and acting City Cle~lc of the City of Bleu, Nebraska,. and that the above and foregoing Resolution rWas passed, and adapted at a regularmeetingofthe l~ayorand City Cout~,cil ofsaid City, held oaths 12th ~ Y o~ TTecemin~, 21140. ~~ ~ ~ ~ BRENDA R, TAYLOR,, CI CI..ERK ,.: RESOLUTION N0.2Q00 - _4_~,_ COUNCILMEMBER ABBOTT RESOLUTION: IIvTROnUCED THE FOLLO~WIIJG WHERF,AS, put~uaut to Blair IVlw~icipal Cade Section 1-506, doe Mayor anti the City Council of Blair, NebxaslGa arc to periodically designate the official newspaper for publication of notices, proceedings, minutes and reports of the City and its officers. BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAAt, NEBRASKA, TEAT the designated official newspaper for the City of Blair will be THE PILOT 'T`RIBUNE and 'TFIE ENTERPRISE as ,published by the Enterprise publishing Company, Inc. of Blair, Ncbreska~. COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WINCH SAID IV,IOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEM$ERS REALPH, SHOTWELL, FANOELE, BIFFAR, WOLFF AND ABBOTT VOTING"AYE"AND COUNCILNlFMBERS NONE VOTI[JG "NAY", TIC MAYOR DECLARID THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12th DAY OF DECEMBER, 2000. CITY OF 13LATR, NEBRASKA BY C ~. A. S, MAYOR ATTEST.. ~~f~~~s-a~ ~ G~ ~, BRENDA R. TAYLO CLERK (SEA,L} ~ J STATE OF NEBRASKA ) } :SS. WASi~NGTON COUNTY ) BSA R. TAYLOR, $ezeby certifies that she is the duly appointed, qualified and acting City Clez~c of the City o~ Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayoar and City. Cotwcil of said City, held en the 12 th day. of becember, 2000. ~~ B)A R. TA,YL4R, CLERK