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2001
2001 RESOLUTIONS 1. Authorizing Mayor and Treasurer to open account with Edward P. Jones 4680 to accept a bequest of securities from Marguerite Dixon Estate 2. Approve 2001 One and Six Year Plan 4692 3. Approve amendments to 2000 One and Six Year Plan 4692 4. Approve addendum to the Water Service Agreement with Cargill 4693 5. Increase fees at the Blair Cemetery 4699 6. (2) hour parking on 15th Street -Alley to Front Street 4699 7. Create Gap Paving Project No. 178-10th St, Washington to Lincoln 4709 8. Amendment to 2001 One and Six Year Plan 4710 9. Approve agreement with State of Nebraska, Department of Roads for 4713 Highway 30 Widening Project 10. Prohibit parking on 18th Street Front to Vinton Square 4718 11. Clarification of the name of 31St Street 4718 12. Installation of yield signs at 16th and Wilbur Street 4718 13. Agreement with Department of Roads for traffic signals at 19th & Nebraska 4722 14. Placement of stop sign and regulatory sign at 25th & Washington Streets 4725 15. Purchase and License Agreement with James and Dorothy Anderson 4728 16. Purchase Agreement with Jason & Michelle Bentley and Stuart & Linda Jacobs 4728 17. Agreement with Robert Hunt for naming and construction contribution to the 4729 Animal Control Facility 18. Agreement with State of Nebraska Department of Roads. for water main 4735 reconstruction on a portion of U.S. Highway 30 in Blair, Nebraska 19. Approving Keno funds for the YMCA Senior Center Facility 4739 20. Support Washington County Area Lewis & Clark Bicentennial Commemoration 4739 Committee 21. Approving request to apply for financial assistance. from the Transportation 4740 Enhancement Program for the purpose of constructing segments of the Deerfield-Lions Trails 22. Amending Civilian and Police Pension Plans 4744 23. Amending Emergency Plan for Nuclear Power Plant incidents 4745 24. Encourage School District to use an alternative route for loaded buses 4746 crossing the railroad tracks 25. Easement with OPPD for placement of line at Water Treatment Plant ~ 4753 26. Designating School Zone at 18th & Butler Streets 4753 27. Amend One Year Street Plan to include additional streets in asphalt overlay 4753 project 28. Approving levy for Blair Airport Authority 4753 29. Setting levy for 2001-2002 for City of Blair and Airport Authority 4756 30. Developer's Agreement with JCM Investments 4757 31. Releasing. special assessments in DeerFeld Lots 1 R through 20R 4758 32. Developer's Agreement with JCM Investments for SID 179, Water Ext. 4759 District #39 and Sewer Ext District #58 33. Amendments to Civilian and Police Pension Plans 4760 34. Condemning Terrorist Attack on the United States 4763 35. Grant application to Game and Parks for basketball court at Lions Park 4763 36. Amendment to one year plan 4764 37. Correct an error when the City vacated Prospect Avenue and when the 4769 Blair YMCA en-oneously conveyed a strip of land to the City of Blair and to deliver Quitclaim Deeds that will correct the errors in the property exchanged. 38. Convey portion of vacated Fairview Drive to Brian & Joan Manchester 4774 39. Temporary Easement with the Nebraska Dept. of Roads for traffic lights at 4777 19~' & Nebraska 40. Approving renewal agreement with the State of Nebraska for Maintenance 4777 41. Reapproving land and water grant for Lions Park Basketball Court project 4778 42. Placement of handicap signs at 1734 Grant Street 4781 43. Approving changes for flex plan for employee medical reimbursement from 4781 $1500 to $2000 44. Placement of a stop -sign at 13~' & Wilbur Streets 4785 RESOLUTION NO. 2 0 01-1 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:. BETT RESOLVED BY THE MAYOR AND CITY COUNCIL O~ THE CITY OF BLAIR, NEBRASKA, THAT the Mayor and City Treasurer are authorized to open an account with Edwazd D. Jones & Company on behalf of the City of Blair in order to accept a bequest of securities from the Marguerite E. Dixon Estate. BE IT FURTHER RESOLVED THAT the Mayor and City Treasurer are hereby authorized to open such account on behalf of the City of Blair, Nebraska, and that the Mayor and City Treasurer are further authorized to j ointly sign checks, drafts, or other withdrawal or trade orders for assets and investments for the City of Blair on deposit with Edwazd D.Jones & Company, or for the investment of excess funds. COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS .READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, FANOELE WOLFF, BIFFAR AND. ABBOTT VOTING"AYE"AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PAS SED AND APPROVED THIS 9th DAY OF JANUARY, 2001. CITY OF BLAIR, NEBRASKA BY MICHAEL A. S, MAYOR ATTEST: B A 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 regulaz meeting of the Mayor and City Council of said City, held on the 9th aay of January, 2001. ~ ~~ ~~ 1 BRENDA R. ~TAYLbR, CITY ERK Edward Jones Jones Account Number: 687-15332 Customer Name:- CITY OF BLAIR NEBRASKA Destination: NEW ACC©UNTS IR Number: 687136 Date: 12/19/2000 CORPORATE ACCOUNT FORM AND RESOLUTION Please complete both sides o f the form and forward a photocopy of the signed form to the New Accounts departmerxt withirzlO days. The original should be kept in the branch files. To transfer physical certificates: *The certificate/stock power must be endorsed by someone other than the authorized iruiiviclual who signed t{zis form. This form must be dated within the last six months. Edward Jones: The undersigned Corporation, by its President, pursuant to the resolutions, a-copy of which, certified by the secretary, is annexed .hereto, hereby authorized you to open an account in the name .of said corporation; and the undersigned also enclosed herewith your Customer's Agreement duly executed, on behalf. of the Corporation by a written notice, addressed to you and delivered at your, office at 201 Progress Parkway, Maryland Heights, P~. 63043. ' ~` ('nu N~ct~~ Cp~p-P~t -uw 1~J by~ ~r~a ~~ (Name of Corporation). (Signature of Pr dent) (Date) I, Brenda Taylor hereby certify that I am the Secretary or Acting Secretary of the Corporation which is organized and existing under ahe laws of the state of ~~P~-lSY~- The following reso utions were adopted at a meeting of the Board of Directors of said Corporation, duly held on the ~t.1L day of ,Ta„t,~~ at which quorum of said Board of Directors was present and acting throughout and. that no action has been taken to rescind or amend said resolutions. The same are now in full force and effect and said resolutions are. not in.:conflict with Charter or Bylaws of this corporation. I further certify that each. of the following has been duly elected and _is,legally holding the office of: (Please type or print officers and authorized signors names below.) Michael Mines Print President Name Print Vice-President Name Peggy Fzahm Print Treasurer Name Brenda Taylor Print Corporate/Acting Secretary Name Print Name/Title Print Name/Title TRANSFER AGENTS: The Corporation Secretary or Acting Secretary of the above named Corporation, is authorized to certify that any of the aboved mentioned individuals are fully authorized and empowered to transfer, endorse, sell, assign and deliver any and all certificates of stocks, bonds, debentures, notes, subscriptions, warrants, stock purchase warrants, evidences of indebtedness or other securities now and hereafter standing in the name of or owned by this Corporation, and to make, execute and deliver, under the corporate seal of this Corporation or otherwise, any and a17 written instruments of assignment and transfer necessary or proper to effectuate the authority hereby conferred. WITNESS my hand and the seal of the Corporation this 001219-17036 CORPACTRES SECTOR CODE:. 004 1 5th. 'day of .7a,,,,ar~ ~ ~nnn. . (month) (year) '~ . (Signature of Secretary or cting Secretary) (OVER) (Seal, if applicable) r ~ - .1 THE BOARD OF DIRECTORS CERTIFIED COPY OF RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS AUTHORIZING THE ESTABLISHMENT AND MAINTENANCE OF BROKERAGE-ACCOUNTS The board of directors of the (°Corporation°) hereby resolve, that the PRESIDENT, VICE=PRESIDENT, SECRETARY, TREASURER and Authorized Signors ofythis Corporation are authorized as-follows :,: ~fiA 1~) ESTABLISH AN ACCOUNT: To open an account (which may be margin or loan accounts) with Edward Jones=for'`the purpose of purchasing, acquiring, selling (including short sales),transferring, exchanging, pledging, or otherwise effecting transactions of any sort or nature in any type of securities, including but. not limited to shares of stock, bonds, debentures, notes, evidence of indebtedness, commerical paper, certificates of deposit, unit trusts, or financial instruments of any sort whatsoever. OFFICERS/AGENTS: To have full authority at all times with respect to any commitment made on behalf of the Corporation or with respect to any transaction directed (verbally or in writing) by any of the said officers and/or agents. A) AUTHORITIES GRANTED: To have power to .bind {jointly and individually) and obligate the Corporation for the purpose of carrying out any contract, arrangement or transaction which shall be entered into by them for and on behalf of the Corporation with Edward Jones; to pay in cash, check,. and/or drafts drawn upon the funds of the Corporation as may be necessary to deliver in connection with any said accounts; to sign for the Corporation all releases, powers of attorney, or other documents which may be required by Edward Jones to effect transactions in the account(s); to deliver securities; to order the transfer or delivery of any securities or_financial instruments to any person whatsoever, or to endorse any securities or contracts in order to transfer registration or title thereto; and to direct the sale or the exercise of any rights regarding any'such securities: B) MARGIN/LOAN: To incur indebtedness on behalf of the Corporation in a margin or loan account, to hypothecate any securities necessary to rovide security for the amount of indebtedness; the officers .and/or agents are authorized (jointly or individuallyp} to execute, on behalf of the Corporation, any contracts or other documents required to transact business in a margin or loan account (including one established to facilitate short sales); and generally to do and take all action necessary in connection with the maintenance of the accounts and the transactions directed in the accounts. It is further resolved that: °~ 2) VALIDATION: The Secretary or Acting Secretary of the•Corporation is hereby .authorized to deliver and certify under the seal of the Corporation to Edward Jones: a. A true copy of .these resolutions; b. Specimen signatures of each and every person authorized and empowered by these resolutions; and c. A certificate (which is .required by Edward Jones shall be supported by an opinion of counsel of the Corporation satisfactory to Edward Jones) that the Corporation is duly organized and existing, that its charter empowers it to transact. the business defined in these resolutions, and that no limitations have been imposed upon such powers by the bylaws of the Corporation or by any other source. That Edward Jones may dear with any and. all the persons directly or indirectly empowered by the foregoing resolution as if they were dealing with the Corporation directly. 3) CHANGES IN AUTHORIZATION/REVOCATION: Edward Jones may rely upon any certification given in accordance with these resolutions as continuing-and fully effective unless and until Edward Jones shall receive due written notice of a change and of the recision 'of the authority so evidenced. The dispatch or receipt of any other form of notice shall not constitute a waiver of-this provision nor shall the fact that any person hereby authorized ceases to be an officer of the Corporation or become an officer under some other title in any way affect the powers hereby conferred. The failure to supply any specimen signature shall not invalidate any transaction if the transaction is in accordance with the authority actually granted. In the event of any change in the office or powers of persons hereby authorized and em~wered, the Secretary/Acting Secretary shall certify such changes to Edward Jones in writing, which notification, when received-shall be adequate both. to terminate the powers of the person(s) previously authorized and to empower the additional person(s). The foregoing resolutions and the certificates actually funished to Edward Jones by the.Secretary or Acting Secretary of the Corporation are hereby made. irrevocable until written notice of revocation is delivered to Edward Jones, addressed to and received at the offices of Edward Jones, 201 Progress Parkway, Maryland Heights, MO .63043. REV.4/98 _ ` i a u rest e fi ~' SUBSTITt7TE FORM Vv-9 PAGE 1 OF 2 Payers Request for Taxpayer Identification Number and Certification EDWARD JONES BRANCH NUMBER: CUSTOMER ACCOUNT NUMBERS 687-15332 CITY OF BLAIR NEBRASKA .Enter your taxpayer identification number in the appropriate box. A MUNICIPAL CORPORATION ' 'For individuals and sole proprietors, this is your social security ATTN RODNEY STORM CITY AUMIN number. For other entities, it is your employer identification number. 218~S:16.ST :. ~ •_:If you do not have a number, see HOW TO OBTAIN a TIN, below. • ` NOTE:If the account is in more than one .name, see page 2 for BLAIR NE 680080000 guidelines tsn whose number to enter.. Social .Security Number: (_„_(_(_( - (_(_( - (_(_(_(_( Taxpayer Identification. Number: (~('7 ( - (~ (O (O (~ ( t (C7 (E, ( IEmpbyer Identification Number) C82TIFlCATION. -Under penalties of perjury, I certify that: (1) The number shown on this form is my correct Taxpayer Idenfificafion Number AND, (2) I am not subject. to backup wifiitoiding either because I have not been notified by the Inferniil Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends,or,the IRS has notified me that l am no longer subject to backup withholding. C~TIFlCATION INSTRUCTIONS- You must cross out item(2) above if you have been notified by the IRS that you are subject to .backup withholding because of underreporting interest ordividends on your tax retum.However if attar being notified by the IRS fhafi you were subject to backup.wjthholding you receive another notification from. the IRS that you are no longer subject to backup withholding,do not cross out item (2j... '~~~ INSTRUCTIONS (Section References are to the INTERNAL REVENUE CODE) .. ..~ ., i . ;,..., , PURPOSE OF FORM.- A person who is requred to file an information return with IRS must obtain your correct taxpayer identification number(TIN)to report income paid to you,real"estate transactions, mortgage merest you'paid,the acquisition or abandomnent of secured property or coatn'butions you made to an individual retirement arrdngement(IRA). Use form W-9 to fnrmsh your correct TIN to the requester (the person asking qou to furnish your TIN),and,when applicable,(1)to certify that the TIN you are furnishing is. correct (or that you are waiting for a number to be issued), (2) to certify that you aze not sabject to backup withholding, and (3)to daim exemption from backup withholdmg if you are an exempt payee.Futnishing your correct TIN and making the appropriate certifications will prevent certain payments from being ~snbject to the 31% backup withholding. NOTE: Tf a requester gives you a form other than W-9 to request your TIN, you must use the requesters form. HOW TO OBTAIN A TIN: If qou do not have a TIN, apply for one immediately.To apglyget FORM SS-S,Application for a Social Security Number Card (for in- dividwrls),from your local office of the Sociat Security Administration,or FORM SS-4,App&cation for Employer Ide~fica&on Number (for businesses and aIl other enaties),from your local Internal Revenue Service Office. To complete Foam W-9 if yon do not have a TIN,write "Applied For" in the space for the TIN in Part I,sign the date the form,and give it to the requester.Generally, yon will then have 60 days to obtain a TIN and furnish it to the regaester.If the requester does not receive your TIN within 50 daysbackup withholding,if applicable, will begin and continue unffi yon furnish your TIN to Ure requester.For reportable interest or dividend payments,the payer must exercise one of the foIlowing options concerning backup withholding during this 60-day period.Under opfion(1),a payer must badntp withhold on any withdrawls yon make from your account after 7 business days after the requester receives this form back from yon. Under option(2),the payer must backup withhold on arry reportable interest or dividend payments made to your account regazdless of whether you make a~ withdrawals.The backup withholding under option(2pnust begin no later than 7 business days after the requester receives this form back.Under option(2),the payer is required to refund the amounts withheld if your certified TIN is received within the 6o-aay period and yon were not subject to backup withholding daring that period. NOTE: Writing "Applied For" on the form means that you have already applied for a TIN or that you intend to apply for one in the near future.As soon as your receive your TIN,complete another Form W-9,indude your TIN sign and date the form,and give it to the requester. WHAT IS BACKUP WTfHHOLDING?-Persons malting certain payments to you are required to withhold and pay to the II2S 31%aaf such payments under certain conditions. This is called"backup withholding."Payments that could be sabjed to backup withholding indude interestdividands,broker and barter exchange transactionsrentsroyalties, aonemployee compensation,and certain payments from fishing boat operatorsbut do not indude real estate transactions.If yon~give the requester your coaect TIN,make the appropriate r;erlifications,and report all your taxable interest and dividends on your tax returyyour payments wrll not be sub jest to backup withholdiag.Payments qou receive will be subject to backup withholding if (1)You do not furnish your TIN to the requester. or (2)IRS notifies the requester that yon furnished an incorrect TIN, or (3)Yon aze notified by IlLS that qou aze subject to backup withholding because you faded to report all your interest and dividends on your tax return (for reportable interest and dividends only), or (4) Yon fart to certify to the requester that you are not subject to backup withholding under (3)above(for reportable interest and dividend accounts opened after 1983 only),or (5) Yon fail to certify your TIN. This applies only to reportable interest,dividend,brokeror barter exchange aexonnts opened after 1983,or broker accounts considered inactive in 1983. Except as explained in (S~above,other reportable payments are subject to backup withholding only if (1) or (2) above applies. Certain payees and payments are exempt from backup withholding and information reporting.See Payees and Payments Exempt From Backup Withholding,below,and Exempt Payees and Payments under Specific Instructions on page Z, if you aze an exempt payee. .;, PAGE 2 OF 2 PAYEES AND PAYMENTS EXEMPT FROM BACKUP WITHIiOLDING: The following is a list of payees exempt from backup withholding and for which no informaflon reporting is required.For interest and dividends,aIl listed payees are exempt except item(9).For broker tramactionspayees listed in(1) throngh(13) and a person registered under the Investment Advisers Act of 1440 who regularly acts as a broker are exemptPayments subject to reporting under sections 6041 and 6041A aze generally exempt from backup withholding only if made to payees described in items(1) through ('7),except that a corporation that provides medical and health care services or bt7Lg and coIlects payments for such services is not exempt from backup withholding or information reporting.Only payees descrtbed in items(2) through (6) aze exempt from backup withholding for barter exchange transactionspatronage dividendsand payments by certain fishing boat operators. (1) A Corporation. (2) An organization exempt from tax ender section 501(a), or an individual retirement plan(IRA),or a custodial account under 403(b)('r7. (3) The United States or any of its agencies or instrumenalities. (4) A state,. the District of Colombia, a posse~on of the United States, or any of iheirpolitical sabdivisions,or instrumentalities. (~ A foreign govermnenf or any of its political subdivisions, agencies, or instrumentalities. (6) An international organization or any of its agencies or instrumentalities. (7) a foreign central bank of issue. (8) a dealer in severities or commodities required to register in the US. or a possession of the US. (9) A futures commission merchant registered with the Commodity Futures Trading Commission. (10) A real estate investment trust. (11) An entity registered at aIl times daring the tax year under the Investment Company Ad of 1940. (12)A common bust fend operated by a bank under section 584(a). (13) a financial institution. (14) A middleman known in the investmem communityas a nominee or listed in the most recent publication of the American Society of Corporate~Secxetazies, Inc.,Nominee list (15) A tract exempt from tax Hader section 664 or described in section 4947. Payments of DIVIDENDS and PATRONAGE DIVIDENDS generally not subject to backup withholding also include the following: -Payments to nom~esident aliens subject to withholding under section 1441. -Payments to partnerships not engaged in a trade or business in the U.S. and that have at least one nom~eside~ partner. -Payments of patronage dividends not paid in money. -Payments trade by certain foreign organizations. Payments of INTEREST generally not subject to backup withholding inclndethe foIlowing: -Payments of interest on obligations issued individuals. NOTE: You maybe subject to backup withholding if this interest is $600 or more and is paid in the coarse of the payers trade or business and you have not provided your correct TIN to 1$e payer. -Payments of tax-exempt inerest (including exempt interest dividends under section 852). -Payme~s descn'bed in section 6049(b) (5) to nonresident aliens. =Payments on tax-free covenant bonds under section 1451. -Payme~s made by certain foreign organizations. -Mortgage interest paid by you. Payments that are not subject to information are also not subject to backup withholding. For details, ee sections 6041, 6041A(a),6042, 6044, 6045,:6049, 6050A, and 6050N, and the regulations ender those sections. - PENALTIES - FAII.URE to FURNISH TIN. -If you fat? to furnish your correct TIN to a requesteryou are subject to a penalty of $SO for each such faIlure unless your faIlure is due to reasonable cause and not to wIllfnl neglect CIVII. PENALTY FOR FALSE INFORMATION WITH RESPECT to WITHHOLDING -If yon make a false statemeni with no reasonable basis that resuhs in no imposition of backup withholdingyou aze subject to a penalty of .$500. CRIMINAL PENALTY FOR FALSIFYING INFORMATION. -Willfully faGsfying certifications or affirmation4 may subject yon to criminal penalties including fines and/or imprisonment ._ ~. SPECIFIC INSTRUCTIONS NAME-If you are an individnalyou mnsf generally provide the name shown' on your ~soaal sectoity card.However ,if you have changed your last name, for instance,due to marriage,without informing the Social Security. Administration of the name change, please enter your first name and both the last name shown on your social security card and your new last nameSIGNING THE CERTIFICATION.{1) INTEREST,DIVIDEND,and BARTER EXCHANGE ACCOUNTS OPENED BEFORE 1984 aad BROKER ACCOUNTS THAT WERE CONSIDERID ACTIVE DURING 1983. -Yon are not required to sign the certification;howeveryon aze rggaired to provide your correct TIN. (2) INTEREST,DIVIDEND, BROKER and BARTER EXCHANGE ACCOUNTS OPENED AFTER 1983 and BROKER ACCOUNTS THAT WERE CONSIDERED INACTIVE DURING 1983. -You must sign certification or backup withholding will apply.If you are subject to backup withholding and you aze merely providing your correct TIN to the requester your mast aoss out item(2) in the certification before signing the form(3) REAL ESTATETRANSACTIONS -Yon must sign the certification.'Youmey cross out item(2) of the certification if you wish. (4)OTHER PAYMENTS: You are required to furnish your correct TIN, but you are not required to sign the certification unless you have been notified of an incorrect TIN.Other payments include paymems made in the course of the requesters trade, or business for rentsroyalties,goods(other than bIlls for merchandise),medical and health care servicespayments to a nonemployee for services(including attorney and accounting fees),and payments to certain fishing boat crew members.(S~MORTGAGE INTEREST PAID by YOU,ACQUISITION or ABANDONMENT of SECURED PROPERTY or IRA CONTRIBUTIONS: You are required to furnish your correct TIN,bnt you aze not required to sign the certification. (6)EXEMPT PAYEES and PAYMENTS: If you aze exempt from backup withholdingyou should complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in PART I,write "EXEMPT in the block in PART II,sign and date the form.If yon are a nonreside>n alien or foreign entity not subject to backup withholding,give the requester a completed FORM W-8, Certificate of Foreign Status. (7) TIN "APPLIED FOR" -Follow the instructions under HOW TO OBTAIN A TIN, on page 1, sign and date this form. SIGNATURE. -For a joint account,only the person whose TIN is shaven in PART I should sign the form. PRIVACY ACT NOTICE- Section 6109 requires you to furnish your correct taxpayer identification number (TIlV) to persons who must fIle information returns with IRS to report irnerest,dividends, and certain other income paid to you,mortgage interest yon paidtlre acquisition or abandonme>tt of secured propertyor contrr7tutions you made to an individual retirement amwgement(IRA).IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return.You must provide your TIN whether or not you are required to file a tax return.Payers must generally withhold 31% of taxable interestdividend, and certain other payments to a payee who does not furnish a TIN to a payer.Certain penalties may also apply. WHAT NAME AND NUMBER TO GIVE THE REQUESTER TYPE OF ACCOUNT IS LISTED FIRST FOLLOWID BY WHOSE NAME AND SOCIAL SECURITY NUMBER SHOULD BE GIVEN. ~ ~1. Individual -The Individual ~2. Two or more individuals - The actual owner of the accoum orif combined fends, the first individual on the account (1) ~3. Custodian account of a Minor (Uniform Gift to Nfmor Act) -The minor (2) ~4a. The usual revocable savings trust (grantor is also trustee) -The grantor-hvstee (1) #4b. So-called trust account that is not a legal or valid trust under state law - Tha actual owner (1) #5. Sole Proprietorship -The Owner (3) TYPE OF ACCOUNT IS LISTED FIILST FOLLOWED BY WHOSE NAME AND EMPLOYER IDENTIFICATION NUMBER SHOULD BE GIVEN. ~6. A vaIld,trust,estate,or petrsion trust -Legal entity(Do ~t famish the identification number of the personal representative or trustee unless the legal entity itself is not designated in the account titie).(4) ~7. Corporate -The Corporation ~8. Associate,clubreligiouscharitable educational,or othertax-exempt organizafion -The organization 4k9. Partnership -The Partnership ~10A Broker or registered nominee -The broker or nominee X11. Account with the Department of Agriculture in the name of a public entity (such as a state or local goverttment,school district,or prison) that receives agricultural program payments -The public entity 1 List first and Ctrcle the name of the person whose number qou futnish.2 Circle the minors name and furnish the minors social security number. 3 Show the individuals name. 4 List first and circle the name of the legal trusyestateor pension frost NOTE: If no name is carded when there is more than one namethe number wIll be that of the first name listed. ~ i l L RESOLUTION N0.2001- 2 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the I~ 2001 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated February 27, 2001 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 FANOELE UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE MCMANIGAL,ABBOT'I',BIFFAR.,WOLFF VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS27m DAY OF FEBRUARY, 2001. CITY OF BLAIR, NEBRASKA B MICHAEL S, MAYOR ATTEST: /1 ~ BRENDA R. TAYLOR, CI'~` CLERK. ,,// i (SEAL) 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 and adopted at a regulaz meeting of the Mayor and City Council of said city held on the 27`" day of February, 2001. ~~ BRENDA R. TAYLOR, CITY ERK RESOLUTION N0.2001- 3 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2000-9, the Mayor and- City Council of the City of Blair, Nebraska, .adopted. the Year 2000 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska WHEREAS, certain amendments have been made to said One and Six Year Plan necessitating an amendment to such Plan. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Year 2000 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated February 22, 2000, be and hereby is amended to add the projects listed on Exhibit "A" attached hereto and incorporated by this reference herein. BE IT FURTHER RESOLVED that the amendments to said One and Six Year Plan be filed with the Department of Roads, State of Nebraska. COUNCILMEMBER -ABBOTm MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE . UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE, BIFFAR MCMANIGAL,ABBOTT,. WOLFF VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 27~ DAY OF FEBRUARY, 2001. i CITY OF BLA1R, NEBRASKA CHAS A. MINES, MAYOR ATTEST: ~~ ~~- B NDA R. TAYLOR, C CLERK (SEAL) t ~ 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 Blau, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 27"' day of February, 2001. ~L. , BRENDA R. TAYLOR, CI CLERK r- • ,~ ~ ~ Exhibit "A" Revisions to 2000 One and Sig Year Plan Location/Description Design Standard Alley from 15~` Street to 16`~ Street between Front and Washington Streets Asphalt Wilbur Street from 16~` Street to 18"' Street Concrete with Asphalt 16~' Street from Union Pacific Railroad Tracks to Nebraska Street Butler Street from 13~' Street to 14`" Street Overlay Remove Existing Brick Surfacing and Inlay 4" Asphalt Pavement Concrete with Asphalt Overlay Estimated Cost $2,656.00 1,524.00 1,000.00 3,465.00 4 RESOLUTION N0.2001 - 4 COUNCIL MEMBER F'ANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Resolution No. 2000-26 adoptedthe-Water Service Agreement between the City of Blair, Nebraska. (hereinafter referred to as "City"), and Cargill, Incorporated (hereinafter referred to as "Cargill"), providing for the terms and provisions of the sale of water from the City of Blair to Cargill, Incorporated. WHEREAS, City and Cargill desire to enter into an Addendum to the Water Service Agreement, the purpose of which is to clarify the intention of the parties in regard to Paragraph 4. WHEREAS, the terms and conditions of the Addendum to Water Service Agreement which is attached hereto, marked Exhibit "A" and. incorporated by this reference herein, are generally acceptable to City. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute an Addendum to Water Service Agreement in form substantially the same as Exhibit "A", with such minor changes as the Mayor deems necessary upon advice and consultation with the City Attorney. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE .UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, MCMANIGAL, SHOTWELL, FANOELE ABBOTT, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NoN'F' VOTING. "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 2 7th DAY OF FEBRUARY, 2001. CITY OF BLAIR, NEBRASKA BY ~ ~ ~° L MICHAEL S, MAYOR ATTEST: Z vl. ~~ B ~ A R. TAYLO 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 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 ~ th. day of February, 200 L ~ ~(,~~'L BRENDA R. TAYLOR, CI ERK km UM TO WATER SERVICE AGREEMENT This Addendum between the City of Blair, of Nebraska (hereinafter authorized to transact WHEREAS, a W "Water Service WHEREAS, City the Water Service of the parties in regard FOR VALUABLE hereinafter made, City and 1. hereby restated and replaced 4. Pa Scheduled Usage a. tyimunum calendar mon December 30, amounts set represents the of water ident: on said Exhib: to a rebate, cre and executed this 27th day of _ February , 2001 by and a City of the First Class existing under and by virtue of the State to as "City") and Cargill, Incorporated, a Delaware Corporation .s in the State of Nebraska (hereinafter referred to as "Company"). Service Agreement dated June 27, 2000 (hereinafter referred to as was entered into by and between City and Company. Company desire to clarify the terms and conditions of Paragraph 4 of and Exhibit C to correctly reflect the intention and course of dealing TION, including the mutual covenants and promises hereby agree as follows: Paragraph 4 of the Water Service Agreement is its entirety as follows: For and in consideration of the City's agreement to make the to the Company, Company agrees as follows: Ya ents. Company shall pay to the City, on the first day of each ;h beginning with the month of July of 2000, and continuing until 2015, minimum payments (each, a "Minimum Payment") in the north on Exhibit "C" attached hereto, which Minimum Payment fixed monthly charge for any monthly water usage up to the quantity feed as the Base Monthly Water Quantity for such month as set forth t "C" (~~Base Monthly Water Quantity"). Company is not entitled lit, or set off for the unused portion, if any, of the Base Monthly Water 1 Quantity (i.e. the unused portion is forfeited at the end of each monthly period). Water usage in excess of the Base Monthly Water Quantity shall be billed pursuant to Subparagraph 4(b) immediately hereinbelow. b. Billing Statements; Additional Pa, ents. 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"). In the event the Actual Usage exceeds the Base Monthly Water Quantity attributable to such billing cycle, then Company shall be charged on a rate of 45.0 cents per One Hundred Cubic Feet of water ("Ezcess Billing Rate") for the actual quantity of water used by the Company during such billing cycle in excess ofthe Base Monthly Water Quantity attributable to such billing cycle. Company shall pay this additional charge within 15 days of the date of such Billing Statement. 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 resulting in flow rates at any time in excess of Scheduled Usage or quantities for any billing cycle in excess of the Base Monthly Water Quantity. Water service in excess of the Scheduled Usage or in excess of the Base Monthly Water Quantity maybe supplied by City to the Company at the City's discretion, as and when the same is available. 2. Restatement of Exhibit C. Exhibit C attached to the Waters Service Agreement is hereby restated and replaced in its entirety with Exhibit C attached to this Addendum. All references to "Exhibit C" in the VV~ater Service Agreement, as amended hereby, shall mean and refer to Exhibit C attached to this 3. Reflection of Intentand Course of Dealing_ The parties hereto agree that the terms and conditions set forth in this Add~ndum correctly reflect the intention of the parties and the course of dealing of the parties. 4. Bindin Effect. I The terms and provisions of this Addendum shall be binding upon and inure to the benefit of the parties, their heirs, le atees devisees ersonal g ,p 2 representatives, successors and assigns. CITY OF BLAIIZ, NEBRASKA Bye 9;; ~~ '®` ~-Y Name: ,~~ t'~ ~ ~ s`'I l ~ Title: ,~ ~ ~ (g ~ (SEAL) ATTEST: ~ Name: ~ Benda ~ ac.{1 ~r Title: Ci ~, ~'/~~ lL CARGILL, INCORPORATED By: Name: ~a2•g3 J . ~i'~S~L9-~ -~' 4 hib ~ uL"+» ~ . . "Minimum Payments" Minimum Monthly Base Monthly lYiinim utn Mgntl~i y Payment ~ _~'8y~, net Water uantity From Amoant CuhIc Feet of Water July 1, 2000 through December 31, 2000. $106,650.00. 19;251,337 January i, 2001 `through July 34, 2001- ., $111,100:00 20,053,475 August 1; 2001 through: December 3I, 2001 $126,650.00 22,860,963 January 1 2002 `through: December 31, 2002 $13?,?50.00 - ` 24,846,310 January'1,2003. through-December 31,.2003 $171,000.00 30,882,353 . Jaciuary 1,2004. tlirQugli :December 31; 2004 $171,000.00 ~' 30;882,353 ..January 1,2005 through--December31;:2005 $222,104.00. 40;IOb;952 January 1,'2006 through .December 31, 2005 $222,100.00 40,I06,9S~ _ `January 1 } 2007 through December 31,:2007 $222,100.00 40,106,952 .Jams 1, 2008 ~' throu : December 31 2008 ~ 2 OUE3.0 $22 0 0 I06 952 January` 1; 2009 through December 31; 2009. $222,000:00 40,106,952- . January 1,:2010 through.`Deceinber 3I, 2010 $222,000.00 40,106,952 .Ianaary I,ZO1I :through December 31,.2011. $222,000.00 40;106,952 January 1,.2012 through December 31,-.2012 $222,000.00 40;106,952 January 1, 2013 through December 31; 2013: $222,004.00 40,106,952 January 1, 2014 through ' Decexaber 31, 2014: ~: $222;000.00 :40,106;952- . January 1;-2015 through: December 31.; 20.15. $222,000.00 ' 40,106,952 .. - r km ' J _"` COUNCIL MEMBER WAITS INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED the Mayor and the City Council of the City of Blair, Nebraska, that the fees for grave openings at the Blair Cemetery shall be and hereby are set at the following rates effective on April 1, 2001, to-wit: DESCRIPTION SIZE OF OPENING (FEET) AMOUNT PER OPENING Adult 3.17' x 8' $350.00 Infant (under 2 years of age) 2' X 3' $150.00 Cremation (one urn) 1' X 1' $100.00 Cremation (one urn with vault) 2' X 3' $150.00 BE IT FURTHER RESOLVED that the sale price for cemetery spaces in the Blair RESOLUTION 2001- 5 GRAVE OPENINGS Cemetery are set at the following rates effective on April 1, 2001, to-wit: DESCRIl'TION SIZE OF SPACE (FEETI AMOUNT PER OPENING Adult Space Infant/Cremation Space 3.3'/3.75' x 10' 2.5' x 5' $300.00 $125.00 COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS WAITS, REALPH, SHOTWELL, ABBOTT, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MARCH, 2001. CITY OF BLAIR, NEBRASKA d f B " MICHAEL A. MINES, YOR L ~ ~ ATTEST: ~~~2i(~ BRENDA R. TAYL ,CITY 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 at a regular meeting of the Mayor and City Council of said City held on the 13'~ day of March, 2001. '(f G'~_ BRENDA R. TAYLOR, Y CLERK F . Y RESOLUTION N0.2001 - 6 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking along the west side of 15`'' Street between the alley and Front Street shall be restricted to parking for no more than two (Z) hours and that the Street Department of the City of Blair is hereby authorized and directed to place parking signs reflecting the two (2) hour restricted parking areas as designated herein. BE IT FURTHER RESOLVED that following the. passage and publication of this Resolution i it shall be unlawful for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCILMEMBER FANOELE 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, WOLFF, ABBOTT AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13~ DAY OF MARCH, 2001 CITY OF BLAIR, NEBRASKA Y MICHAEL .MINE Y 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 13TH day of March, 2001 ~~ ~ ~ ~ BRENDA R. TAYLO CITY CLERK ~: '°"' COUNCILMEMBER ABBOTT INTRODUCED RESOLUTIOIQ RESOLUTIOAi 2001- ~ BE FT RESOLVIrD BY `THE-MAYOR AND CITY COUI+TC~L OF THE CITY Ok' GLAIR, NEBRASKA, AS FOLLOWS: SEC'x`ION 1. The N~iayoz amd City Council h$reby find and determine that it is z~es5ary and advisable tbEat the Gity , u~de:r tb~e autltoxtty gxanted by Sections 18-2~ 1 to 18-2004, inclusive, IZ.R.S. Nsbr. 1997, aq ~~~-cause the following waved street with the City to be improved by grading, curbing, guttering, and paving together v~ith necessary appurtenances, to- wit: Teeth (X 0'~ Stmt, £ro~m the existing concrete paving ~ '~Itasbangton Street {iJ. S. Highway 3fl), South to the existing concrete paving at Lincoln Street, within the City of B1aix, Nebxaslca, said project to be lcaow:a as Gap Paving project No.178. SECTION 2. It is found and determined. that the above-described wapav~d street to be izupzoved im Gap paving Project No. ,~ shall meet the following er'iteria: (a) the portion of said street to be improved does not exceed twQ blv_clcs irtcluding intersections, or 1,325 feet, whichever is lesser, that said street is otherwise paved. and with the paving wi11 be one ~` coz~taaauous paved :street, {b) intersects a paved street for a distance of mot to .exceed one blQCk on either side of sucbt paved street, or {e) connects with a major tic ~ street for a distance not to exceed os~ block front stick major traffic suet. SECTION 3. The cost of such ~anprovements, excepting street intez~sections, shall be assessed agautst the property benefitted by said projects im proportion to such benefits iu accordance with Section 18-2043- R.R.S. Neb..1943, as amended. COUNCIL MEMBER Shotwell . MOVED THAT T RESOLUTION BE AnOPTED AS SAD, WHICH SAID MO'T'ION WAS SECONDED BY COUNCI, MEMBER Abbott ,UPON ROLL CALF,; COUNCIL MEMBERS .t 3 RESOLUTION N0.2001- $ COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2001-2, the Mayor and City Council of the City of Blair, Nebraska, adopted the Year 2001 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska. WHEREAS, certain amendments have been made to said One and Six Year Plan necessitating an amendment to such Plan. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Year 2001 One and Six Year Plan for the construction and maintenance and repair of the streets of the .City of Blair, Nebraska, as prepared by the City Street Superintendent and dated March 22, 2001, be and hereby is amended to add the projects listed on Exhibit "A" attached hereto and incorporated by this reference herein. BE IT FURTHER RESOLVED that the amendments to said One and Six Year 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 REALPH UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, MCMANIGAL, WOLFF BIFFAR AND ABBOTT _ VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 10th DAY OF APRIL, 2001 CITY OF BLAIR, NEBRASKA BY MIC .MINES, YOR ', ~, ~ - "_ ATTEST: E= ~- ~'~i BRENDA IZ.~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 l O th day of April, 2001. ~~~ 4 r~ ~ BRENDA R. TAYLOR, Y CLERK o ~ 6 d L O O "-~~`_'h.°~QM~~~°~c~?cr°c~~N~°nmo°O~.iII s ~" NMI N } ~.. r ti OO aN- O e- r CC N O) tt i C°D ~ ~ ~ p~~ 'r r0 VN' tp7pD ~ ~ ti th ~ t~O ~ I~. ~ m .Nd. C1 CY. ~ r e : c'? ~ ~ M N M t~D„ C r' r N r r r r r a- N •" e= r N Y ~"r'N~rrrrNrNNNe-ire-rNNNM~I _ ,,,, .. ~ ~ .`~~' C L w o w N~ m m~ ~ m w~ m C *'' ~ ~~'c ~?~ mv3~nv~o ~ ~v~~~.c ~iv~-~ ~ m m ~ ~tl1 c~ o a o mt aim o °~S~''C7,~ ° ~~ ~:.b "'' ° c6 cv N w C!1 N ~ ° r ~ 'C ~ r r of N_ ° ° ~ m~~.s ~.~ w o~~o °Z $ o oz~ 0 0 'Q m °~q~ cu .o °,+° rnmcA ° ° o amic°fl-~ m mo.,~,w m N ~ ~ ~ fA !A Cn t0 N LL Calf t!) fA U ~ M O m ~ (~ (7 N C C C~ O L' C c.. _C ~~ r .Q m LO r r j ~IJ.tLLL^O ~ ~~~ °~ ~~Q ~ ~ N ~ U N o E t j ~ r -~ Q „N ~~ m N 4~,1 m N m~ m m m 7 *' ~ m m~ ~ .~ ~~ bN~ N N~ N~ C m~ m m ~-+ itAC~tn~~fnt/~t/jQt/3V1tl~fnU? >'~Ntn~~ •_ NNNN~NNMNCr00r0~(rOT~~jUeMr~ ~ N [L '~ v m r N M d' tt~ Cfl I~ Op O O r N M 'd' to O ti O~ O r N O r r r r r r r T T r N N N a RESOLUTION N0.2001- 9 COUNCILMEMBER ABBOTT IlVfiRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska. Department of Roads has submitted. a proposed Agreement for resurfacing of a portion of U. S. Highway No. 30 in Blair, Nebraska. WHEREAS, the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the improvement of U. S. Highway No. 30 in Blair, Nebraska designated Project No. NH-30-7 (113) is acceptable to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS ABBOTT, FANOELE, MCMANIGAL, REALPH, WAITS, SHOTWELL, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24~ DAY OF APRII,, 20d 1. -1- CITY OF BLAIR, NEBRASKA B MICHAEL A. S, MAYO ATTEST: ~~~~2~ BRENDA R. TAYLO 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 24th day of April, 2001. BRENDA R TAYLOR, C CLERK -2- t { 1. _ i. ~.. S §.g:. ~ 'v....~i._~':: -. y.:.... • -`._ ':"+lFi3s~}Xt~Yi5{i .:{ r ~d3,. ,is.. _.- '"~'-T' ___ I YE. _ -.-,~,_.. ~ tit AGREEMENT { :~;,~• +'-` PROJECT NO. EACNH-30-7(113), STATE CONTROL N0, 21760 ' `.' ~ CITY OF BLAIR ~, ~ STATE OF NEBRASKA, DEPARTMENT OF ROAD ""' ~ , r'. - ` ` {{ ,~ ; n. IMPROVE HIGHWAY US-30 IN BLAIR {^ x{., ~; :: ~ I ~ f ` ~ ~ THIS AGREEMENT, made and entered into this Z~f~ day of. /~ ~ 20 0 band 0 beiween the City of Blair, a municipal corporation of the State of Nebraska her inafter r f d t , e e erre o as - { the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State," s , . ` `~ s ;: WITNESSETH: ~. ~ ~ ' WHEREAS, it is the desire. ofi the parties that a portion of Highway US-301n Blair be improved ` ~ ~. y' at the location as shown In Exhibit "A" attached, which is hereby made a part of this 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 _r •• 1 for the construction of improvements such as this, and „.; ~~ ? „ i .' WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from , ' local property assessments that exceed'the City's share. of project costs, and 'z WHEREAS, it is the further desire of the City that the proposed urban construction b I l d d ~, e nc u e In a project under the designation. of EACNH-30-7(113), as evidenced by the Resolution of the City ~~; ~ . : Council dated the ,~_ day of r r 200]_, attached hereto, Identified as Exhibit "C", , . ~{; i - ;~ ~ arid hereby made a part of this agreement,- and '~ ` - J .. ' ' ' ~ WHEREAS, the description of the project is as follows: ~ ' '° ' ~ ~ i, . ~ , ~ ` Improve Highway US-30 in Blair by constructing a 5-lane roadway including grading, concrete, .{ ~ { - ,. ,, ~ ~ . ,~ nt~. .- pavement, roundabout, storm sewer, culverts, sidewalk and roadway lighting. ~ 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 hi h b `, ?; g way etween , E ~' ~,~ construction limits described in Exhibit "A" attached hereto, denoting Project No. EACNH-30-7(113) ,, , ` i, ~ 3 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 of this agreement. ~~ ~ ~~ 4 ~{ ' ~ And the parties agree further as follows: { i , ; ~? ; °' ~ - SECTION 1. The City agrees: . ~ { g, {j f ~ ~ , t , ~ „ (a) To pass and enforce an ordinance as required to effect the following restrictions within ,, „ ' ~ •~ ' , ` ~ =s the project limits: No Parking { ~~ yE , { { 4 7 S ~ { ~ 1 -~ i+ r ~ , ~_ ~1~' , ~ _ ~. - :. ~ ~ ' - ~ I( ~ ~l ., i i .,. ....... r ~ ..: •. ~. s t., ...:}.'y4 ._~ - . .~ .._._.-...u.. 4.:. .. ~ . •y }~: ~ ... ~'.t '._ »~ _, _ . .: ~u'~f'i36'f'..Sl~`3~'1 L, ~".~v`.cr_` ~' tw~L _- _. ~.s....._..._...:ttS.l _ . r • _ .. (b) To prohbit filling stations, service stations or other business establishments being ~ ,'. looted in such a way that vehicles being served will be required to stand on said ublic ' p } ~ ~~ ~ .highway right of way. (c) To require that all future entrances from private property to the public right of way within P , .::. the Itmits of this project receive prior approval of the Director or his authorized . }: ' ' ' ' ,. representative. ,i (d), To clear, at no cost to the State, the present right of way of this project of all advertising signs. The Gity also agrees, at no cost to-the State, fo clear any other privately owned ' y , ~ ~ ~ facility or thing that may interfere with the construction, maintenance and operation of the improvement planned in this project, and to keep the old and new right of way free o; n of future encroachments, except those authorized by permit from the City and approved , 1 ' ~' ~ 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 1 Neb.Rev:Stat. §48-1101 through 48-1126, (Reissue 1998), and all regulations relative to 1 nondiscrimination in federally assisted programs of the Department of Transportation, ' ~'' Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "B" attached hereto and hereby ` f made a part of this agreement. The reference to "Contractor" in this exhibit shall mean " " - the city. ,.I (f) DISADVANTAGED BUSINESS ENTERPRISES . Fi - ~ ~ ~: (1) Policy The City and State further agree to ensure that disadvantaged business r ~ ~ ~t enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to 14 , ' ~, ~ ' - participate in the performance of contracts financed in whole or in part with ' ~ ~ Federal funds under this agreement.- Consequently, the disadvantaged business , ' ~ i requirements of 49 CFR Part 23 are hereby made a part of and incorporated by • ~ `r e' ~ thin reference Into this agreement. ~ ~'` ~ ,~` (2) Disadvantaged Buslnessfnterprises Obligation ' ~ - ~'; The City and State further agree to ensure that disadvantaged business , F ~ ~~ ~ enterprises as defined in 49 CFR Part 23 have the maximum opportunity to , ' ;'~, ~ < ~ participate in the performance of contracts and subcontracts financed In whole or ~ ~, ~` glr 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 disadvantaged business enterprises have the maximum opportunity i 'f, ~ ~ {. ~ },, ~ _ 2 ,~', ..~ ' ~r Al ,;~ :. ~ ... ~ jj. ,,. ..: i -. " - .-...a.'k a,..o.~~..t:.: -t..u. ~~. u..,.n~{.~' ..... i._:, ~9u ~~3. __......,.:#k... ,3.. ;Y:,.a: t;Q°.~. ,. _Jc ~. . nnCt'~7f i'F~'R 7'F F l' „ ,., s ... .. - ~ _ . ~ ~ ~. iik.~,1 ~ ~.. 1 ~ ..: d ~.., ~ , ,9i ... ..,j ~: ''' ~ to compete'for and perform contracts. The City shall not discriminate on the basis i~ ~ {' , ~ ~'~ i , .r of races color, national origin, or sex in the award and performance of FHWA a ' ~ `' ~. ~~ ~~;; ~ assisted contracts. "' ' ~ ' The City acting as a subrecipient of Federal-aid funds on this project agrees ~~ ' ~' ;, , to adopt the disadvantaged 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 Cl to ca ty rry out the ~" ~ ~~' requirements set forth above shall constitute breach of contract and, after the {r,, - L iar ' ~ ~ + ~5 ,'; i ~ ~ ~~ ~ ; 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 geometries, either during project construction or after the }., , ~ ~ r. ` project is completed, including but not limited to access control,. driveways, median a , 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, i~ r ~ } reestabiishirlg 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-Afd 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 ~~ 1 ~ 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 ~~~' ~ '' F ' ' Roads' Policy for Accommodating Utilities on State Highway Right of Way issued by the State -. tt ' ~" ~' , August, 1998, and its subsequent revisions or additions. ~. ~ ` ~~ ~ ;« ;, The City further agrees: 5 ~ (a) To comply with Neb.Rev.Stat. §39-1361 (Reissue 1998),and the rules and regulations of ~~ 4 ~ ~ ~, ' .. , the Department of Roads before making or allowing to be made, any utility excavation, ,. - .pavement cuts or performing other activity upon said highway, and shall be responsible ;. ' ~ ~. to see that all such work is performed according to the rules and regulations of, and by ,. ' authority of a permit granted by the Department of Roads of the State of Nebraska. ~~ ~ , (b) To famish or cause to be famished all of the labor, .tools, equipment and materials for , ' ' ~ ~ ,•~ the rehabilitation of its municipally owned utilities as made necessary by the construction . ' ; ' ,. .:; ~ .:.; Y ..,., ~, of this project. :. , : ;" ~ + _ ~ ~ - 3 - ~~' . ,. .. ,~ ~ :-~ " ~~:: l .. •i. - ._-....~.t~c. ~_i.x:.....ri , :J........_.~_..i.:: ,.. ~ . 1 7. r ... _....'L._. ._r3:_..fi' ~t ~.~ ._ : ~~:~.. :..P'..,.,u......~_...,~: 3: F......, - ..7 ,F._ Diu x. i - ~ ~' e t 1 {' ~ ~ i ~ i a .: ` ~ ~ ~I' ' ~;, (c) To prepare and'submit to the State upon receipt of preliminary construction plans for i, 1 r.. ~ ~ ,, ' J. this project,a plan and estimate detailing anticipated location and nonbetterment costs 3 } ' ' .for the rehabilitation of all municipally owned utilities as made necessary by this project. ~3 r • ~ It is mutually understood that all nonbetterment municipal utility rehabilitation costs w ~ ~ within the corporate limits of the City will become a project cost. Outside said City limits ,.~4 ~, ~'; ~ ' ~' 9, . ~ only the nonbetterment portion of the rehabilitation costs of facilities currently occupying t, ' private right of way will be reimbursed. The estimated amount of nonbetterment costs` „ ~ on municipally owned utilities will be shown in the supplemental agreement provided in ..,r ~~ ' :' Section 2(d) hereof. '~ m:'' : , (d) The parties agree to enter into a supplemental agreement, defined as the Municipal ' ~ 'r'' . ~ Financial Supplemental Agreement, prior to the contract letting date which will stipulate . rt•F ~ ~ ' when the City's share of the project costs shall become due and the amount of such - , ,~ • ~ share. There may be a separate supplemental agreement for utility rehabilitation work ;' ' ~ ~ ,' , . `' tin required and the estimated cost thereof: Supplemental agreements will not be entered , , _ , r ~ Into prior to the letting if no City funds are required and the amount of non-betterment ~ ' , ~~ ' utilities is zero. Should supplemental agreements not be needed the State will submit ,. , , ' ' , written notification of that fact prior to the letting. ,. _ ,. . The current project estimate within the corporate limits is $7,577,720.00, with the ' ~• City's share estimated at $1,515,544.00.. Both parties recognize this Is a preliminary ~ 1 • ` estimate only and that prior to execution of the Municipal Financial Supplemental E ~ ~ Agreement the final estimate will be prepared, which may well be higher or lower than ''~~ ' '~ ' ` ' ` ~' this, preliminary estimate. ~' `` ~ ' ~ ' ~ SECTION 3. The Federal share of this ro ect shall be reduced b an p j y y project specific local ~ ~ ~ ~ :~ property assessments that exceed the appropriate local share on this project. This is subject to ~~ ~ ' State review. , ;; SECTION 4. All traffic control devices will conform to the latest approved edition of the Manual on ,. ' ; ' t Uniform Traffic Control Devices, If the City is to pertorm or contract for any work, they will develop a '~ i ,', 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.. ~ ~:, E SECTION 5. The City agrees that it will, without any cost to the State, provide and pay for the - elecMcal energy for all of the luminaires of the roadway lighting system which may be constructed as ~` apart of this project, including the electrical energy which may be required during the construction. T ~ '~ ,' period of the project for lamp stabilization, luminaire adjustment, and system testing. ElecMcal r -4- ,.r ,~. _~ . _ _._ _-..,,1 ~~H..,.~_r ..-.~_.... .... ~... ~'. ~...~<..,;:. t~.~ .: ,... :'.c, tci~.~'`',?j~' X{-F. ?:4^~';fix~ -i:..i tS~ ~u.f .~>;~ ~n2£t tira!+, energy shall be provided for dusk to dawn lighting, and the lighting level shall be uniform and constant~through the hours of darkness. The City shall not knowingly permit any of the luminaires to remain inoperative for any unreasonable length of time. The City shall also provide all required maintenance for the said lighting system at no expense to the State. Such required maintenance will include but not be limited to the repair or replacement of all defective and burned out lamps as may be discovered or reported or as may be revealed by at least monthly routine maintenance patrols, the routine cleaning of luminaires annually and also for repair or replacement of any part of the roadway lighting system which might be necessary as a result of material deterioration or mechanical or electrical failure. In the event any part of the lighting system is damaged, the City will be responsible for furnishing replacements for any equipment which is so damaged and will furnish all labor and other material necessary and will complete the repairs at no cost to the State. It is further understood that the City shall be entitled to all damages. collected from any wrongdoer who may have put the City to the expense of having to repair the damaged lighting installation. SECTION 6. The State hereby grants to the City a permit to use State highway right of way in the vicinity in'which such roadway lighting will be constructed, for ingress and egress for the purpose of operating and maintaining the said roadway lighting in accordance with th1s agreement. The Clty further agrees to comply with all traffic safety regulations, including those prescribed in the latest approved edition 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 flagperson to direct traffic. SECTION 7. The City and the State will fully cooperate to cause the removal from public right of 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 the Municipal Financial Supplemental Agreement is executed by the State. SECTION 9. It is hereby agreed that plans and specifications for the above mentioned project will be on file in the office of the Department of Roads, Lincoln, Nebraska. SECTION 10. The State hereby agrees: (a) To prepare and convey to the City, prior to construction, plans for the proposed subject project. -5- , , ~~ . . . i ~ ;'~ t; ~ ,, . ....d ut/~'',;.s.~!_'i__.ic..L~__".,;, frte.t'~: ;~ ~ .~.__..,i~?r>•£ ry f~ ~.Rart~,trr !~ r+~?Lnh i ..- , ~.. F. f ~ l d F It ~ i ' (b) To advertise and conduct a letting and receivebids on the contemplated improvement: ° The City agrees that the Sfiate will award the contract to the lowest responsible bidder :, ' ~~ and that said contract shall be signed only by the State.: (c) To supervise and cause completion of the construction of the im rov m t h i ,, p e en as s own n d ~ ',,r~ the plans. I'. , , , ~,' ,.. ,.,; . (d) To acquire all additional right of way and do all things, in pursuance of the aforesaid ~. ° . ; , '' project, not specifically assumed by the City. d , : ~ ~ ~ (e) To reimburse the City for the nonbetterment rehabilitation of municipally owned utility ' ~ ° facilities only as provided by supplemental agreement entered into in accordance with ' this agreement. ' °,. ! .!; (fj To construct that portion of the project located outside the City limits without cost to the ` ' ~ ~ City, except as provided in Section 2(c). E : ', .. ~ (g) To design as a part of this project a li htin s tem whi h - t ,. , g g ys c mee s present-day lighting -, standards: ,. ' ,, , SECTION 11. The parties hereto agree that the State shall make sole determin ti t th ~. ,~. , t ° '', ~, ,:. , ~ , a on as o e scheduling of the construction for this project. t. ~`' ' ' IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by i their proper officials thereunto duly authorized as of the dates below indict d 4,~ e . ` ~ EXECUTED by the City this ~ day of ~ ~ 20 DI . ATTEST: CITY OF BLAIR Clerk ay r EXECUTED by the State this ,~_ day of /~i~~ ; 20 ®/ .STATE OF~NEBRASIG4 DEPARTMENT OF ROADS ~ ~ L Roadway DesignEngin r -6- ~{/ .~. a'.W ' ~.i 1liY_J.~.._....LJ iL. .~ii~ t ~::.' 5 ~.,ANL' rt .1. ...~f.v ~~ I 30-7 ~~ ~ ~ 1 C.N. 21760 WASHIN'GTO. N Z .. K II C Q Q dAf2 f~, iF~6 13 ~Fto& :tT Exhibit J4 .~~,, ~i ::~s- ,. ..:~..!. '..':t: ti'! .'Aa t td...;': `..::f3`r:~E31. ~ is 3.Ih..it:.. '~ :.'v__~._. y... .. K_T1. ro:w':ry.4tla`.. n._: 0 EBHIBIT ngrr RESOLUTION N0.2001- 9 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: ,', ~'. . ~ ~ , "' ~ t ~ , ; ,.;t ~ r , t tt, ~~, 1 ! ~ ~~ t, ~ I d i t ° ~ . ' ` ~ ~~ t ~t j. -?~~ }t ;~ ~, .~;; ,, i,~r t f. I ~ P !, ~` tr .;? ;;',. , ~r ~~ . ~,: .. '~ ! .~~' t' }~~~ ,.m WHEREAS, the State of Nebraska, Department of Roads has submitted a proposed Agreement for resurfacing of a portion of U. S. Highway No. 30 in Blair, Nebraska. WHEREAS, the Agreement between the City of Blair; Nebraska and the State of Nebraska Department of Roads for the improvement of U. S. Highway No. 30 in Blair, Nebraska designated Project No. NH-30-7 (113) is acceptable to the Mayor and City Council NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the IllulllClpality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCI. MEMBER SHOTWELL. UPON ROLL CALL, COUNCII,MEMBERS ABBOTT, FANOELE, MCMANIGAL, REALPH, WAITE, SHOTWELL, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION.PASSED AND APPROVED THIS 24m DAY OF APRIL, 2001. -1- <r, .....: .. - ' , _'. r :; _ . , _ y ~., ~ .. .-. ... :..__1. c .. -.._._ . .. L.'`.. w1 ._,._ .__..~>s. ~ "~ktx'~-~f' r i•+..~"'+._3 f'Sa;~..L~ =~.±?` x'vi'° -- ,ai':~ .~~t f~zik°_73 i:at: . e .. - t ' y > ~ ~~ ~. NONDISCRIMINATION CLAUSES 'f i k. ' During the performance of this contract, the contractor, for itself, its assignees and successors in ~ interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The Contractor will cofnply with the Regulations of the Department 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. _. f. ' (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and r , ~.. 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 will 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," .'' r . u" ' ' ' "B," and "C" of Part 21 of the Regulations. ,~ :; ~ (3) Solicitations for Subcontracts. Including Procurements of Materials and Eauipment: 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 . , ,r' , 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 Reports: The contractor will provide all information and reports required by ~ ' ` ' ~ . the Regulations, or orders and instructions issued pursuant thereto, and will permit access to t , '! ~ ' ~ { 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 i,.• ~,; I, `; ~ 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 ~~ ° a 1 ~ ~ efforts it has made to obtain the information. .:~ , ti ! . ; (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the -~ nondiscrimination provisions of this contract, the State Highway Department shall impose such ', , ~~ ~, ' .:~ , contract sanctions as it or the Federal Highway Administration may determine to be i ,, , ` . , appropriate, including but not limited to, '' ' ' t t 4 ~ ~ ~ ~ + f } ~ ~ (a) withholding of payments to the contractor under the contract until the contractor r "' ' ` ; , ~ complies, and/or ' - , - (b) cancellation, termination or suspension of the contract, in whole or in part. , ~~ 4 ~, ' (6) Incorooration 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 subcontract or 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 litigation to protect the Interests of the United :,'j'.~. States. . ~ ~ ~ RESOLUTION N0.2001- 10 COUNCILMEMBER FANOELE 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 COUNCI, OF THE CITY OF BLAIR, NEBRASKA, that parking is prolvbited on the east side and the west side of 18~' Street from Front Street, to the alley on Block 38 and to the alley on Block 39 in the City of Blair, Washington County, Nebraska. 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. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR, VOTING "AYE", AND COUNCIL, MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS $TH DAY OF MAY, 2001. CITY OF BLAIlt, NEBRASKA. B MICHAEL A. MINES, MAY ATTEST: ~~ _ BRENDA R TAYLOR, Y CLERK (SEAL) STATE OF NEBRASKA r " i :SS: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she. is the duly appointed, qualified and acting City Clerk ofthe City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 8~' day of May, 2001. ~~ BRENDA R. TAYLOR, CI CLERK w .'" RESOLUTION N0.20Q1- 11 COUNCILMEMBER ABBOTT INTRODUCED TIC FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLA]R, NEBRASKA that to clarify the official name of the existing street from College Drive to Westridge Drive adjacent to Neihardt Park, it is hereby declaredthat -such street and that. representatives of the City of BIa~, Nebraska, shall install the COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION WHICH: SAID MOTION WA$ SECONDEb BY COUNCIL MEMBER CALL, COUNCIL MEMBERS WAITS, REALPH, SHOTWELL F~ ABBOTT, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIIM `2TAY", THE MAYOR DECLARED THE ` FOREGOING RESO] APPROVED THIS 8TH DAY OF MAY, 2U01. CITY OF BLAIR, A. ATTEST: $RENDA R. TAYLOR, CI CLERK (SEAL) be known as 31~ Street ADOPTED AS READ, NOELS. UPON-ROLL )ELE, MCMANIGAL, BERS NONE VOTING LION PASSED AND MA: 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 8th day of May, 2U01. ~~ ~ ~ 1~ C~~ ~\ BRENDA R TAYLOR, CITY ERK ,, . o~,se of May 10, 2001 CITY OF BI,t1IR Mae Gustin P.O. Box 272 Blair, NE 68008 Dear Ms. Gustin, ', Enclosed please find a copy of the Resolution passed qy the Mayor and City -- Council on May 8th that officially clarifies your street address ~s 31 ~ Street. By the passage of this Resolution, your street address will remain as such. -Also, I have sent a copy to the Posfi Office, OPPD, Blair Telephone :Service, , Huntel Cablevision and Peoples Natural Gas. _ - ', - Again, we apologize for any inconvenience this error has caused. If you have any questions or needed additional information, feel free to contact me. Sincerely, I - Brenda Taylor ', City Clerk - ', Enc 218 South 16th Street • Blair, Nebraska 68008 • 402-426=4191 • Frnc 402-426-4195 • E-'mail c(iyofblair@huntel,net y x RESOLUTION N0.2001-12 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWil\TG RESOLUTION: WHEREAS, Section 5-217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIt, NEBRASKA, that a Yield Right of Way sign shall be placed at the intersection of 16~' Street and Wilbur Street directing southbound traffic on 16~` Street to yield right of way to traffic on Wilbur Street and a Yield Right of Way sign directing northbound traffic on 16~' Street to Yield Right of Way to traffic on Wilbur Street in the City of flair, Nebraska.. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIl2, NEBRASKA, that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with any such sign. COUNCILMEMBER FANOEL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS COUNCIL MEMBER WAITE, REALPH SHOTWELL, FANOELE, MCMANIGAL, B]FFAR, WOLFF AND ABBOTT VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `mTAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8TH DAY OF MAY, 2001. CITY OF BLAlR, NEBRASKA BY MICHAEL A. S, MAYOR 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 alcove and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 8`~ day of May, 2001. ~~~~ BRENDA R. TAYLOR, CI CLERK ~1 RESOLUTION NO.: ZOpN_14 COUNCILMEMBER ABBOTT+ ti. INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLA1R, NEBRASKA, that (a) a stop sign shall be placed at the intersection of 25`" Street and Washington Street for the purpose of stopping southbound traffic on 25~` Street; (b) a stop sign shall be placed at the intersection of 25~' Street and Washington Street for the purpose of stopping northbound traffic on 25~' Street; provided however, a regulatory sign shall be attached thereto authorizing traffic turning right onto Washington Street to proceed without stopping at the stop sign. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Yield Right of Way sign on Washington Street at the intersection of Washington Street and 25~' Street be removed. i BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with any such stop sign. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ,. WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE .UPON ROLL CALL, COUNCIL MEMBERS SxoTwF:r.T. F1~NOF7`.E, RFALPH, ABBOTT, MCMANIGAL WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2001. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLO CITY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BY MIC L A. S, MAYO BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair,lV'ebraska, 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 12Tx day of June, 2001. BRENDA R. TAYLOR, Y CLERK RESOLUTION N0.2001 - 15 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement between James O. Anderson and Dorothy E. Anderson, Co-Trustees, as Sellers, and the City of Blair, Nebraska, a Political Subdivision, as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by the City of part of the NEl/4 SE1/4 of Section 14, Township 18 North, Range 11 East of the 6~' Principal Meridian, Washington County, Nebraska and part of Tax Lot 24, lying in the SE1/4 NE1/4 of Section 14, Township 18 North, Range 11 East of the 6'~ Principal Meridian, Washington County, Nebraska, all as more particularly described on Exhibit "A" of said Purchase Agreement, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, a License Agreement between James O. Anderson and Dorothy E. Anderson, Co-Trustees, as grantors, and the City of Blair, as grantee, for a gravel driveway over and across Tax Lots 21 and 24 in Section 14, Township 18 North, Range 11 East of the 6~' P.M., City of Blair, Washington County, Nebraska, has been prepared and presented to the City Council, a copy of which License Agreement is attached hereto, marked Exhibit "B" and by this reference made a part hereof. WHEREAS, the terms and conditions of the Purchase Agreement (Exhibit "A") and the License Agreement (Exhibit `B") are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Purchase Agreement and License Agreement referred to hereinabove are hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WAITE. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF JUNE, 2001. CITY OF BLAIR, NEBRASKA MICHAEL A. S, MAYOR ATTEST: ~ ~ BRENDA R. TAYLOR, ITY LERK (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 26th day of June, 2001. ~~Z~~ ~ BRENDA R. TAYLOR, ITY CLERK _~ LICENSE AGREEMENT THIS LICENSE AGREEMENT made and entered into by and between the City of Blair, Nebraska, hereinafter referred to as "City", and James O. Anderson and Dorothy E. Anderson, Co- Trustees, hereinafter referred to as "Andersons". WHEREAS, Andersons are the owners of a certain tract of land described as: Tax Lots 21 and 24 in Section 14,E Township 18 North, Range 11 East of the 6`'' P.M., City of Blair, Washington County, Nebraska (hereinafter referred to as "Anderson Real Estate'. WHEREAS, City owns and operates a water tower located on Tax Lot 23 in Section 14, Township 18 North, Range 11 East of the 6`'' P.M., City of Blair, Washington County, Nebraska (hereinafter referred to as "Tax Lot 23 "), and it desires to access over and across the Anderson Real Estate to get to and from said water tower; and WHEREAS, the City has a dedicated road right-of-way through the Anderson Real Estate, but the access allowed under this-Agreement is a more direct route, and both parties would prefer to allow City access to its water tower on a temporary basis by virtue of this License Agreement. THE PARTIES HERETO AGREE AS FOLLOWS: 1..License for Access: Andersons do hereby license and authorize City at all times during the continuance of this Agreement to enter upon the Anderson Real Estate and to construct. and .improve a gravel driveway over and across the Anderson Real Estate which will provide ingress and egress for City to and from the water tower located on Tax Lot 23, on a route to be mutually agreeable to both parties; provided, further, that the access provided to City shall be limited to employees and agents of City. ~~ 2. Construction of Driveway: City agrees that it will construct a driveway over and across the Anderson Real Estate and shall maintain said driveway, from time to time, as needed.. 3. Compensation: City agrees to pay Andersons the sum of $600.00 per year, due and payable on January 1 ~` of each year during the term of this License Agreement, which payment shall be made in advance and, should this License Agreement terminate, then the compensation for the last year shall be prorated and the unused portion of the consideration will be reimbursed to City. 4. Termination of License: This License Agreement maybe terminated by either parry, at anytime, by giving two months written notice oft ination to the other party. For purposes of this notification, notice shall be served by .certified mail, return receipt. requested, and sent to the following addresses for each parry: City of Blair c% Blair City Clerk 218 S. 16~' Street Blair, NE 68008 James O. Anderson and Dorothy E. Anderson, Co-Trustees 1460 S. Highway 30 Blair, NE 68008 5. Hold Harmless: City hereby agrees to hold Andersons harmless from any claim, cause, or action arising out of the negligent acts or omissions in the construction, use, operation and maintenance of the gravel driveway by City, its employees or agents. City agrees to provide Andersons, on an annual basis, with a certificate of in~~r~nce showing general liability insurance coverage with liability coverage in an amount not less than $1,000,000.00 per occurrence. 6. Binding Ems: This License Agreement sha11 be binding upon and inure tot he benefit of the parties hereto, their heirs, successors and assigns. ,~ 9l Dated this ~ day of ~,/''un~ , 2001. CITY OF BLAIR, NEBRASKA (SEAL) B my Authorized fficial ATTEST: CITY CLERK S O. ANDERSON, Co-Trustee ROTHY E ERSON, Co-Trustee STATE OF NEBRASKA ) 1 ) ss: WASHINGTON COUNTY ) The fore oing instru,/ment was acknowledged before me this Z~day of ~c,~t°G,P~ , 2001, by 1 L~"lq~I /-Ii~GS ,the Duly. Authorized. Official of the CITY OF BLAIR, NEBRASKA, a Political Subdivision, on behalf of the Political Subdivision. STATE OF NEBRASKA ) ) :SS: WASHINGTON COUNTY ) Notary Public ` OENERAI. NOTARY • s~of Ndxadm PEGCY J. FRAHM NIyC~nm. E~.,hste 20, X04 On this o17~ day of ~Lrrt~. , 2001, before me, the undersigned, a Notary Public duly commissioned and qualified for in said county, personally came JAMES O. ANDERSON and DOROTHY E. ANDERSON, Co-Trustees, to me known to be the identical persons whose names are affixed to the foregoing instrument and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and Notarial Seal the day and year last above writte/~n. Notary Public I 7 k~~ v: ~ .: s3 q} 2.k . aG_ 1+ I ~~ ix }i i~`~ I f i ,i' )q~ tla }i} - t l.~..:~ t ~F ` i ). - ~,. f:. roll..... _ ` ' ~ PURCHASE AGREEMENT -.Real Estate ,.~ ~ ; i ~ June _,2001 ,, ti, ,~ 1 ~:- ~,, - ~ .This Purchase Agreement made and entered into by and beriveen JAMES O. ANDERSON ,i and DOROTHY. E. ANDERSON, Co-Trustees,. hereinafter referred to as "Sellers", and CITY OF ,' ' ;' : BLATR, NEBRASKA, a Political Subdivision, hereinafter referred to as "Buyer". , ;; ' ~ ~ ;` : ' Now, therefore, in consideration of the mutual covenants contained herein and for other good ' ' ~ and valuable consideration, the parties hereby agree as follows:. 1. Sale. 'That Sellers hereby agree to sell, and Buyer hereby agrees to purchase, at the price ': , ' ,' and on the terms hereinafter set forth, Tract A and Tract B described on Exhibit "A" attached hereto ~~ and by #his reference made a part hereof. ,~ ~' ~ ~., , ~ ~ 5 2. Purchase Price'and Terms of Pa ent The urchase nce for the aforesaid real estate X!~_• , P P F + + being purchased by the Buyer is in the sum of Nine Hundred Fifly Dollars ($950.00), payable in cash -~` ~ ° or by certified check at time of closing. ~r i q4 { ~ ' ~ ~ q - 3. Closing Date. The closing date shall be on or before July 1, 2001. ~~~ b ~ '' 4. Title Insurance. Title insurance shall be used in the conveyance. in lieu of an abstract of ~~~ ` title. Sellers shall provide Buyetwith a commitment of title insurance showing good and marketable title in Sellers, and the policy of title insurance shall be issued by said title insurance company on ' ~ ` ~ its standard form, with such printed exceptions as appear on the form and any further exceptions and ' ° ~ encumbrances as are acceptable to Buyer. Buyer agrees to furnish Sellers a written legal opinion .+ f a , `• showing defects, if any, in the title to the above-described property on or before the date of closing. Sellers, after written notice is given, shall endeavor to have the-same cured to the reasonable ` - satisfaction of Buyer within a reasonably time thereafter, and , if said defects are not so cured with ` ~ a reasonable amount of time, then either party may terminate this Agreement. Sellers and Buyer .. . ; ~ , a ^ agree to equally split the cost of the title insurance premium. ; ~ ~; 5. Warrant,. Upon payment by the Buyer to Sellers of the purchase price of the real '~ ~ ~~, ~ { estate purchased, Sellers shall cause to be conveyed to Buyer marketable fee simple title to said real - , '~':. ~,, estate described hereinabove, by'general Warranty Deed free and clear of all liens and encumbrances, ~ ' ~: except for the following:. ' , , ~~ ~ ' ' `' (a) General Real Estate Taxes., Real estate taxes due and .payable as provided in ` ` - _ q Paragraph 6 of this Purchase, Agreement; j ~ E ~ ~ ' (b) Protective Covenants. Easements and Other Restrictions of Reco;~. Protective - ~ ~ ~ covenants, easements and other restrictions of record; and , ~_ , ' , •` ~ (c) Other. None. ,; q • <~ 6. General Real Estate Taxes. Real estate taxes for 2000 and all prior years shall be paid by <. ' '` ~' ~ Sellers, and real estate taxes for 2001 shall be prorated to the date of closing. (Basis for the proration 1• n4 , ~ shall be the most recent real estate tax statement.) The Buyer-shall pay all general real estate taxes ~ :, ~' ' • ` from the closing date and all subsequent taxes. t •.~t P ~~ . 7. ,see 'o .Sellers shall have exclusive possession of the above-described real estate ` until date of closing. Any risk or loss to the property shall be borne by the Sellers until title has been ~',, ,' conveyed to Buyer. In the event, prior to closing, the structures on said real estate are materially -;; ~ ~ r ' . <•, ' ` damaged 6y fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. if _."'-. _:'..ut.a~. rte: ^5`. ... _~i'~.i__a._._. _-.vf.t .:. °`. ~~ '.:.Cdn_..._.. ..x.~La,.i.~rx`.ax.~`a.Lt~'~.f3,:~t.$c..''-,y,~~~r}su~y's~ h'__. ..,. tia~. ':~'_K;: . ~T~ .. : ;;: N ' , .. }c t f :, . ~ ~ ~ 1 .; ,: `+~ • . ~ 11. Time is of the Essence. Time shall be of the essence in this Agreement for all times f. ~~ (dates) specified hereinabove both before and after the closing date. R ] t 12. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner ' ' - ` '•` be construed to convey title to said properly or to give ariy right to take possession thereof. ' ` ' 13. personal Inspection. This offer is based upon Buyer's personal inspection and. ' investigation of the property and not upon any representations or warranties of condition by Sellers .. or their agents. The Buyer represents to Sellers that Buyer knows, has examined and has . - .investigated, to the full satisfaction of Buyer, the physical nature and' condition of the property. Buyer acknowledges that this offer is based solely upon the personal inspection of the property by .the undersigned Buyer and neither Sellers nor any. agent, attorney, employee or representative of ' Sellers have made any representations whatspeverregarding the subject matter of this sale or any part t thereof including (without limiting the generality ofthe foregoing) representations as tothe physical . - nature or condition of the premises to be transferred to the Buyer hereunder, except as expressly set forth in this Agreement. Buyer agrees to take the property to be transferred hereunder "as is" as of , ` ~; the date of closing. . ,., ' -~` `~ 14. Other Terms of A egr ement. . ~ r ~ (a) Sellers agree to pay all documentary stamps as a result of the sale.. . ~ `.} , . (b) This Agreement is subject to approval by the City Council of the City of Blair, .. ,.; Nebraska. - 15. Bindin E~? ffect. This Agreement shall be binding upott and inure to the benefit of the ~ parties, their heirs, or representatives. ~ `" - ~ i - ~ AMES O. ANDERSON, Co-Trustee, Seller ' f /f P ~ ~ .:: ' << ~ , , :: - : ' ~as'c./ .~~~ ~ r DOROTHY E. ERSON, Co-Tntistee, Seller CITY OF l3LAIIt, NEBRASKA, Buyer _ .~ d "~ `'- ~ ~/ i B _ r s --._ , , ~ i `. Michael ~A. Mines, j~or . . „ . ~•, f :.}~ ' ~ ,;. STATE OF NEBRASKA. ) ' ) ss: ` ~~ ~ ~ ' ~ WASHINGTON COUNTY ) ~ § ° ~ On this ~ 1~ day of ~ e- , 2001, before me the undersigned, aNotary }?ublic ; ; ~ I - duly commissioned and qualified for in said county, personally came JAMES O. ANDERSON and ~ + ~ DOROTHY E. ANDERSON, Co-Trustees, Sellers, to me known to be the identical persons whose , ~ ` `~ ' '; names are affixed to 4he foregoing instrument and who acknowledged the execution thereof to be ,. z ~ st `,, their voluntary act and deed. a f f ' k ~ d ' , ~ ,, ' Witness my hand and Notarial Seal the date and year above written. `; ~~" i'. ~ + ' Notary Public EE BR D ~ ~ r. ' . dR.Y EM My Comm. Exp. June 20, X04 ,~ , r .} _ ~ - - ri'--. ,~ + ~, 4 d ~ ~~a r: - + .j~ 4 it,t: ~ - ~ ~~ -ice ~',t t,t'~t«.''"'~~~,~f c,.~z„~~a~ ..i_r•~St~;;~`_z~, ,~?~~i,~:'..~r~t°",.rbt:~"`,^^f~. '~a,¢'~53"_'.'#,pFys~m~ ,._ t+ .urit~...z.:.~at ~~ ~ ~ ~ , t ,. , ~' . Y 9 ,t 1 ~ ~. .. fit. i 1 p ~ :'. .. ~ . ,_ - .. [. ~ ;~ , , STATE OF NEBRASKA. ) ~~ ; ~ ' . ss: ` ..' WASFiTNCITgN COUNTY ' .. ., )• ,, t . ; ` On Etas day of - . 2001, bet'ore ne the undersigned, a Notary Public ~- ~ ~ duly.conoimissioneda~d qualified for in said county, personally came Michael A Mines, Mayor of f ,' ~ nAt t the City of Blair, Nebxaska, a Political Subdivision, Buyer, to me known to be the identical person whose Warne. is affixed to the. foregoing instrument and who acknowledged the execution ther~f to ~, , ' be her voluntary act and deed on behalf of said City, t ,t ,, 'Witness my hand and Nptariai.Seal the date and year above written. t~ , , ~ ', x. ~14 , - . Nk~..A f s ~ _ .. ~'-~ Notary Public . . 5 ~ ~~ ~~ t , ~ ~s ~ ~ ~ ~.x~ ~~ ,. . . ,, ,, t F ~. 4 t ...,Ji ji..r3~ ~ - - .. a '_ .: . - -i ~ ':S S: ~ i . i - 2 ~t z rte, T 4 :t ` 4~ $,4i t ~ It t ~a*.;. h?'e` a q,y. 77..,,aa q °..~a 1 pi~ ~~ 4 6 i' ' ~~ r sad r ~ ~`~~ zr '+vti'Y' - ~ x .. ~ fe F ~ 3 . is x~-~} . A 'v'~. ' . - .. _ ,. . t izf c.fi t kt Kt ~ a ~~j. ~ .*'ttsr~ .~E ~ ~~ 37 } ~ r a ajar t ~,: d~ e r ~t._. ^A wt... - i S[, {Y .her ~ i" ~ ~i ~,. .. .. r ~ +~ r~ts~ 3_ u+ hj ; ~" . .~, ~ ~ ay 7kit ttA ~i - i 1 F I ?* j ~ 4 'j , t i2 t4 t SN~y #f l R# F t' } ~ i t f n 'i. ~ t ~ Fk y~3~',, ~.7 ' t ~. .d' a s ~ ~~, ~ ~ ~, n P *. n. ~ • ~ - ' ~ TRACT A: Part of the NEl/4 SE1/4 of Section 14, Township 18 North, Range 11 East of the 6~` Principal Meridian, Washington. County, Nebraska and more particularly described as follows: Beginning at the. E 1 /4 corner of Section 14, Township. l 8 north, Range 1 l East and assuming the east line of the SE 114 NE 1/4 of said Section 14 to bear N 00 ° 16' 16" W, thence S 00 ° 16' 16" E along the. east line of the NE1/4 SE1/4 of said Section 14 a distance of 6.52.feet; thence S 89°25'44" W a distance of 142.93 feet;`thence N 72°49'02" W a distance of 13.33 feet; thence N 51°08'40" W a. distance of 6.20 feet to a point on the north line of said NEI/4 SEl/4; thence N 89°5739" E along said north line a distance of 160.45 feet to the Point of Beginning, and containing 0.03 acres, mare or -less. TRACT B: Part of Tax Lot 24, lying in the SE1/4 NEl/4 of Section 14, Township 18 North, Range 11 East. of the 6`" Principal Meridian,' Washington County, Nebraska and more particularly described as ~~ follows: From the E 1 /4 corner of Section 14, Township 18 North, Range 1 l East and assuming the east line ofthe SEl/4 NE1/4 to bearN 00° 16'16" W; thence S 8~°5T39": W along the south line of said SE1/4 NEl/4 a distance of 19$.00 feet to the southeast corner of Tax Lot 24 in said Section l4; thence N 00° 16'16" W along the east line of said Tax Lot 24 a distance of 38.39 feet to the Point of Beginning; thence N 40°47'39" W a distance of 13.96 feet; thence N 26°40'55" W a distance of 9.52 feet; thence N O l ° 50' 11" W a distance of 123.04 feet; thence N O l ° 10'21" E a distance of 17.11 feet; thence N 80 ° 32' 18" E a distance of 1.6.44 feet to the east line of said Tax Lot 24; thence S 00 ° 16' 16" E along said east line a distance of 161.87 feet to the Point of Beginning, and containing 0.05 acres, more or less. i F l~ '` V RESOLUTION NO.2001 - 16 COUNCILMEMBER SHOTWELL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement between Jason T. Bentley and Michelle M. Bentley, Husband and Wife, as Sellers, and the City of Blair, Nebraska, a Political Subdivision, as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by the City of the north 25.00 feet of Lot 1 1, Block 1 of Neff's First Addition to the City of Blair, Washington County, Nebraska and more particularly described on Exhibit "A" of said Purchase Agreement, a copy of which Purchase Agreement. is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, a Purchase Agreement between Stuart L. Jacobs and Linda Jacobs, Husband and Wife, as Sellers, and the City of Blair, Nebraska, a Political Subdivision, as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by the City of Lot 10, Block 1 of Neff's First Addition to the City of Blair, Washington County, Nebraska, a copy of which Purchase Agreement is attached hereto, marked Exhibit `B" and by this reference made a part hereof, and WHEREAS, the terms and conditions of both Purchase Agreements are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that both Purchase Agreements referred to hereinabove are hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. r COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED.AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCTGMEMBER WOLFF. UPON ROLL CALL, COUlVCILMEMBERS WAITE, SHOTWELL, MCMANIGAL, W4LFF, ABBOTT, . REALPH-AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY",` THE MAYOR DECLARED THE FOREGOING RESOLUTIOAT PASSED AND ADOPTED THIS 26TH: DAY OF JUNE, 2001. CITY.OF BL;AIIZ, NEBRASKA B MICHAEL S, MAYO: ATTEST: ~ /~~y~ BRENDA.R. TA.YLO 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-26th day of June, 2001. BRENDA R. TAYLOR ITY CLERK '• - ,..~..:Ite~4 tRt 4'r~c :_ut.s... J:;:~.. .," .mss»....3' - ._:~ ?„'cy,,,:..~9~s~+. ...~z '~~iv .:_ ik'~Yi~Y,kS~nfiu3';d;'::i ...~r'.i..~:,...ii..:##~. ~ I !I. i ~ , I 4 ' ' ` ~ ~ i' PURCHASE AGREEMENT -Real Estate ,;; ' i June _,2001 ; : '-`; ' This Purchase Agreement made and entered into by and between JASON T. BENTLEY and :; r ~ , ; ~ ~ MICHELLE M. BENTLEY, Husband and Wife; hereinafter referred to as "Sellers", and CITY OF '~`.~ , a rl ~ BLAIR, NEBRASKA,. a Political Subdivision, hereinafter referred to as `Buyer". `' a ° ~ ~ Now, therefore, in consideration of the mutual covenants contained herein and for other good ° 5' ~ ~'-> `" and valuable consideration, the parties hereby agree as follows: ,{ 1. S e. That Sellers hereby agree to sell, and Buyer hereby agrees to purchase, at the price and on the terms hereinaftez set forth, the following described property: r f ~::1 k~ ~ ~/r i .' I , See Exhibit "A" attached hereto and. by this reference made ' ~ 3 ,' ~ apart hereof. ~ : ~, 5 2. Purchase Price and Terms of Pa, ent. The purchase price for the aforesaid real estate " , being purchased by the Buyer is in the sum of Nine Thousand Four Hundred Dollars ($9,400.00), '~ ' payable in cash or by certified check at time. of closing. ,aa ,. ,, ; ; .; 3. Closing Date. The closing date shall be on or before July 1, 2001. , , e , ~„i - .. ~, ; . 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of . i'~ title. Sellers shall provide Buyer with a commitment. of title insurance from, showing good and ' " ` marketable title in Sellers, and the policy of title insurance shall be issued by said title insurance ' t ' company on its standard form; with such printed exceptions as appear on the form and any further ` - exceptions and encumbrances as are acceptable to Buyer. Buyer agrees to furnish Sellers a written t ~ ~ legal opinion showing defects, if any, in the title to the above-described property on or before the date of closing. Sellers, after written notice is given, shall endeavor to have the same cured to the ~. ~ . reasonable satisfaction of Buyer within a reasonable tune thereafter, and , if said defects are not so ,, ~ i cured with a reasonable amount of time, then either party may terminate this Agreement. Sellers and `~' ~ ; .: ri. t i Buyer agree to equally split the cost of the title insurance premium. ' ' ~ ,. , , ; 5. Warranty Deed. Upon payment by the Buyer to Sellers of the purchase price of the real estate purchased, Sellers shall cause to be conveyed to Buyer marketable fee simple title to said real estate described hereinabove, by general Warranty Deed free and clear of all liens and encumbrances, except for the following: ; i , r r ,. , ; , ` :, ° (a) General Real Estate Taxes. Real estate taxes due and payable as provided in '~ ~ u ~ ' , ~ Paragraph 6 of this Purchase Agreement;: , ,~~ ,~. ' ~ ' ~ -, _._ (b) Protective Covenants. Easements and Other Restrictiops of Record. Protective ,;' ~ ~ ,. covenants, easements and other restrictions of record; and ?? `~ ' (c) Ocher. None.' ,_; 6. General Real Estate Taxes. Real: estate taxes for 2000 and all prior years shall be paid by ~ Sellers, and real estate taxes for 2001 shall be prorated to the date of closing. (Basis for the proration a • ~ shall be the most recent real estate tax statement.) The Buyer shall pay all general real estate taxes '~~ ~ ,i, r.~o.,•~_ from the closing date and all subsequent taxes. ~. ,. '.j' 7. Possession. Sellers shall have exclusive possession of the above-described real estate until date of closing. Any risk or loss to the property shall be borne by the Sellers until title has been conveyed to Buyer. In the event, prior to closing, the structures on said real estate are materially ' ' damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. I ~ - n 9 r Buyer shall assume all risk of loss from and after date of closing. ,~ i::. i i . _f - .{..,~ ., . 1. . ', ! ~:. .. :. ~ ~ ~ ~" . ~ ... ..s;~. ~r; ~:£..r~r.~;,r~:-i,~. y..~..f-mss e.~,>?~7~.~.... _. ~,r 7 .<_I. ~.-'=_r._es. ,NI~;7EitYSy+'&7'£ .;.u:t -.~.tt.,3L- rr'.tm. -,..r..va~..'.t,. .a*.,.t.~e - _ Wes. I t , u t t h ~ f . ,,.~ 1 ~ 1 1 1 _ { 1. ~ l ~ ..t: 1 1 ~ ~: , I 10. St~ific Perfornoance. l't is understood and agreed that both parties retain their tight to ~ ~ '~~~ ~ bring action for a specific peinFormance of the terims of this Agreement in the event the other patty , ~ , , is in deft in carrying out their obligations under this Agreeaanent. of a l l , Time is of the .Aa~+ee. Tie shall 1~ of tlxe essence in this Agreeateat for all times .., I ~ Y ,,.. (dates) specified hereinabove both before'and a#iEer the closing date. 1 ^': ~ ~~ ~ ~ l2. CoAYevan_ce of Title ~ Agrea~ment Shell in no . I>: ie understood and a ed that this anner " ~ ~ m be construed to convey title to said or to ve an n t to take p10p~Y P Y ,~ osses io th f ~ p s ereo n ~ '' ` , 13, Perso~+~. coon.. This oifer is based upon Buyer's Personal inspection and _, , .. investigation.. o£the property attd not upon any representations orwarranties ofcondition by Sellers ,~ or their agents. The Buyer. represents to Sellers that Buyer k~aows, has examined and has . ; _ investigated, to the till saiaisfaction of Buyer, the physical nature and. condii~on of the property. „ ; . ` Buyer acknowledges #hat this offer is based solely upon the personal inspecdom of the property by `: ~ ~ the undersigned Buyer and neither Sellers nor any agent, attorney employee or representative of ' ,: ' ~ ' . Sellershave,made~tayrepresentatsonswhatsoeverregardingtlaosubjectmatteroftlrissaleoranypart .; ' , 1 ~;' j 3, ,I , thereof including (without limiting the generality of the foregoiuug) representations as to the physical r ~ , ;, i y 17 nature or condition of the ~re~mises to be transferred to the Buyer hereunder, except as expressly set . , { Forth in this Agreeuaetrt. Buyer agrees to take the property to ~ tt~ansfeaed here nder "as i " f G It u s as o the date of closing. . ' , ,' 14. (her Terms ofA~reement. {, ' ,' (a) Sellers agree to pay all documentary stamps as a result of the sale. ~$ : ;; ' 1, ,~ (b) The parties a gree and understand that fire real estate transaction shall be performed ;; , , '- by am escrow closing agem. The cost o~ the escrow closing agent in tl-e amount of ~~ { I .' .: '~ $250.00 shall be equally divided between the parties. 1 - YT - -. ^y} f (c) Buyer agrees that the remalni~ag portion of Lot 11, Block 1, Neft's Addition to the j City of Blair, Washington Cauuty, Nebraska will not be subject to a Special } y i ~ Asses~netrt for grading and paving of Jackson Stmt adjacent thereto. ~ ',~ + r (d) This Agreemem is subject to approval by the City Council of the City of Blair, A :~ Nebraska, ' ~ (e) Buyers to execute a "Contiguous Parcel Agteeznemt" which will unable sellers to combine the subject- property with their remaining property and the.set-baolc I,' r~uiremerrt will be waived. I ~ ~- 15: $in~' g EfFee~. This Agreement shall. be d inure to the bena£it a£ the I ,=t_ : parties, their heirs,, or represerttativea. F ~` ~ ~- ~~ ~ ~ ! NO'A~Y-Smta of Neil IiUtH 0. BOFlA4! ~.~,- , J T. BENTLEY Seller :~' , r ,,, ~ comm. ~ ~ , ~~ . ~ /~/~~/ ~7 ~ ~~ ~ . ~ ~~ / ~ - " `"- ~., ,`h NIIC~ELLE M, BENTLEYS lac ~ O s 1 CITY Ol{ BLAIR, NEBIZA,,SI~A., Buyer. ', ,' .. _ ' ~.1 . lvTichae .Mines, lVIayor ,~;: ../ I 1 /I P! ~ t 1 ~ I . 1 1 ,.. ' ' y . ,, t i:.k1' - ~+.~-,-uYn_._a .a-e-. d' u.uL-u ._a1rm~_~~v::ehzCti:. ~. e . i .. ~.: a r, ~ , .t e •,:~: , ~ .. <v :vi . ~. .. ... .. « ... .. .... ...... .... .. .. .i~::: u ,; v i ~ -LEGAL DESCRIPTION: e `- P The north 25A0 feet of Lot 11, Block 1 of NefPs First Addition to the City of Blair, _.;, ' ' , ~ Washington County, Nebraska and mare particularly described as follows: From the northwest comer of Lot 9, Block 1, Neff s First Addition to the City of Blair, Washington County, Nebraska; thence S 00°00'00" W (assumed bearing) along the west .: line of Lots 9 and 10 a distance of 169.63 feet to the northwest comer of Lot 11 in said Block ~f ~, a 1 and the Point of Beginning; thence N 89°56'45" E .along the north tine of said Lot 11 a . ~, ~ distance of 120.60 feet to the northeasterly comer of said Lot 11 and the westeriyright-ofway line of 20th Avenue as said street is platted and recorded in the City of Blair, thence ,. ~' ~ ;` ~ S 00°08'53" E along said westerly street right-of-way a distance of 25A0 feet; thence S 89°56'45" W a distance of 120.66 feet to a point on the westerly line of said Lot 11; ;` , thence N 00°00'00" E along said west line a distance of 25.00 feet to the Point of ' ~ Beginning; and containing. 0.07 Acres, more or less. . ' - ` i ~~~ ~ i r . t~y E 't ._ : :;, n° .. ~i i {: y F :N ~: .. .. .~ ..{%:; •.~. • . f ... .. • •.. S .. ,.: . .r ... ... .. ~ ~ 1~~ i ... .... ..... .. .. ... ...... .. ... . i ',~ -_ ~ ~ r~ t-~ ~., a{~ ~ p.,;ta .,fit. i i, ~~ M--~' Y ~ ,r 1, jIR _ . i ~ i ..: 4 ' EXHIBIT nAn :.. •.~ .i ~ Zt ~ .r '" :.' ... '...: ~ ..: i ', ` ~ ~ .. ~'f 1 .i G, `. t } ~ .. ,~ ,. i _... ,...... .. ... ..........v _..... tit 1. 'r. . ;`S 4 '. ,, ~~~ ' tii {~ .r' t i -. .rt ~ ,...:>rr l,uE.s •... -h s_-a ~:._ ,... ._..~:~`strsuesm`o-1 ,z t. .-t fb .:,'L .' .._.,...- ....._.: x.,....~ - .~::.' .......f`E - ...-~.i....s_cs....~..=;::_ <: atisll..: ~..L},~~.#' t.' -. I` r;= a P nil 4 . ' ` i. i ~1 ' ' PURCHASE AGREEMENT -Real Estate _ _ ,. ,, , . June ~ 2001 , `~ This Purchase Agreement made and entered into by and between STUART L. JACOBS and LINDA JACOBS, Husband and Wife, hereinafter referred to as "Sellers", and CITY OF BLAIR, " d ';: to as "Buyer. . NEBRASKA, a Political Subdivision, hereinafter referre ~, '' . ~ i. _ therefore; in consideration of the mutual covenants contained herein and for other good Now ~ '` - ~ ' _. ~ , and valuable consideration, the parties hereby agree as follows: ~ i '' r ' ~ r ' " ~, 1. Sale. That Sellers hereby agree to sell, and Buyer hereby agrees to purchase, at the price , , ' ,. ` ~ ~ ~ ' ' and on the terms hereinafter set forth, the following described property: Lot Ten. (10), Block One (1) of NefPs First Addition to the City ` •` , of Blair, Washington County, Nebraska. ~~, ' a` 2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real .estate _ ~i~ ., ~ ' ~ ~ ' beingpurchased by the Buyer is in the sum of Eleven Thousand Five Hundred Dollars ($11,500.00), J; payable in cash or by certified check at time of closing.. ' ~ ~ ,`. ` The closing date shall be• on or before July 1, 2001. 3. Closing Date. . ,. ; ~ - s ~ Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of 4 , ' ' °'~ . title. Sellers shall provide Buyer with a commitment of title insurance from, showing good and , : ~ ~ marketable title in Sellers, and the policy of title insurance shall be issued by said title insurance ,, ' ` ° ' companyon its standard form, with such printed exceptions as appear on the form and any further ,; ~ ' , exceptions and encumbrances as are acceptable to Buyer. Buyer agrees to furnish Sellers a written , ~~ legal opinion showing defects, if any, in the title to the above-described property on or before the ,, . . r , date of closing.. Sellers, after written notice is given, shall endeavor to have the same cured to the ~ } reasonable satisfaction of Buyer within a reasonable time thereafter, and , if said defects. are not so s ',' '~ r ' cured with a reasonable amount of time,then either party may terminate this Agreement. Sellers and . 1' Buyer agree to equally split the cost of the title insurance premium. .. =.A .r <; y'r~~ ' S. Warranty Deed. Upon payment by the Buyer to Sellers of the purchase price of the real -~ }'' ~~ estate purchased, Sellers shall cause to be conveyed to Buyer marketable fee simple title to said real ';' `, t estate described hereinabove, by general Warranty Deed free and clear of all liens and encumbrances, ' '' + except for. the following: ~{ ~, . ~ ti (a) General Real Estate Taxes. Real estate taxes .due and payable as provided in ~k ~ , 1 Paragraph 6 of this Purchase Agreement; • ;, (b) Protective Covenants Easements and Other .Restrictions of Record. Protective- ,' covenants, easements and other restrictions of record; and ', ~~ ~' _~~ "' ~ ' (c) O er. None. ~ i' '' , 6. General Real Estate Taxes. Real estate taxes for 2000 and all prior years shall be paid by ` Sellers, and real estate taxes for 2001 shall be prorated to the date of closing. (Basis for the proration '` `' R, ~ f F shall be the mast recent real estate tax statement.) -The Buyer shall pay all general real estate taxes ..r f U ;, , ~ from the closing date and all subsequent taxes. ~~r „ ' 7. Possession. Sellers shall have exclusive possession of the above-described real estate ' { " until date of closing. Any risk or loss to the property shall be borne by the Sellers until title has been , , `'' i ~ '' f conveyed to Buyer. In the event, prior to closing, the structures on said real estate are materially . j ~_ u, damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. ',~ ~ Buyer shall assume all risk of loss from and after date of closing. _ . , * ,' I „?, _. , a - ',, _ I~ ;,~, _v,. • ~ '4..... i :....n..u~.,6.:s«ie..i<__. ~?.<... 'YJk$.: .:.d:~c. s. ,....., '"".x+i.._. s..~' -:~,....A, e.. ~, .v .~.. :"s' ~' i ~ t ~ .~~ f ~' i 1 1t ,, i ~ t {. 'i 10. Specific Performance. It is understood. and agreed, that both parties retain their right to ` ~ ~~ bring action for a specific performance of the terms of this Agreement in the event the other party ° '~~ is in default in carrying out their obligations under this Agreement. ; , ~, a 11. Time is of the Essence. Time shall be of the essence in this Agreement for all times ,' i ti (dates) specified hereinabove both before and after the closing date. 12. Conveyance of Title: It is understood and agreed that this Agreement shall in no manner ''`' i •. be construed to convey title to said property or to give any right to take possession thereof. " `' ~F ~ ~:' 13. Personal Inspection. This offer is based upon Buyer's personal inspection and - i - investigation of the property and not upon any representations or warranties of condition by Sellers ' ;; ~ or their agents. The Buyer represents to Sellers that Buyer knows, has examined and has ! :.` investigated, to the full satisfaction of Buyer, the physical nature and condition of the property. " '' Buyer acknowledges that this offer is based solely upon the personal inspection of the property by ' ~ d+ _ the undersigned Buyer and neither Sellers nor any agent, attorney, employee or representative of °' ~ ~ Sellers have made any representations whatsoever regarding the subject matter of this sale or any part '' ~''' ': ~ thereof including (without limiting the generality ofee foregoing) representations as to the physical ~ ~ premises to be transferred to the Buyer hereunder, except as expressly set nature or condition of the ' :; ,' , ,'' . forth in this Agreement. Buyer agrees to take the properly to be transferred hereunder "as is" as of E , , - the date of closing. ~ , 14. Other Terms of Agreement: ~~ - 7' - ~" (a) Sellers agree to pay all documentary stamps as a result of the sale. <' ~ ", ~ (b) The parties agree and understand that the real estate transaction shall be performed- by an escrow closing agent. The cost of the escrow closing agent in the amount of k " i ~ " $250.00 shall be equally divided between the parties. .~,` " (c) This Agreement is subject to approval by the City Council of the City of Blair, „ Nebraska. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the ~ ~ ' ' ' ` ~+ , parties, their heirs, or representatives. 1I.~' . ..1 ~~ J ~' ~ CITY OF BLAIR, NEBRASKA, Buyer. ~:~ F t ,'. By ''~ + ' . . ':,~' ichae A. Mines, Mayor STATE OF NEBRASKA ) css: - WASHINGTON COUNTY ) `,~ ~ , ~ day of . ~'u~ ~ , 2001, before me the undersigned, aNotary Public On this ' + , duly commissioned- and qualified for in said county, personally came STUART L. JACOBS and L1NDA7ACOBS Husband and Wife, Sellers, tome known to be the identical persons whose names are affixed to the foregoing instrument and who acknowledged the execution thereof to be their ~ voluntary act and deed. ,~ : _ _ y= __ ,.:u < nom..: v ~ ., rv. xz x. xr r , .:...xn. .~.y .,. ~-~ s ~R tr. FC :.~:: _7e.-'"ar..:n. ~,:rn....,... <~,~,.:~St ii.3.E. •.;::~C~.r.. T'~r.~..._:!<?3~a'.:,..:m~~NTra i.~..._ r: mK- x.h.,.r~ ...ui=3-_.s i ! i4 ~~ a 4• R ~r, .i 6 _ ~ ` Witness my hand and Notarial Seal the date and year above written. p tel. NOTARY-S~oi tdebras~a 7-~a,,,,,,,,, ~_~~ ,' ,~ TMpAR,4S C. STERNBERO NO Pub11C ~ ~ py Comm: Exp. Nov. 30, 2004 ~Y V F STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) On this ~ day of Jwn1t-- , 2001, before me the undersigned, a Notary Public r ~ duly commissioned and qualified for in said county, personally came Michael A. Mines, Mayor of ;; ~ ,;'' the City of Blair, Nebraska, a Political Subdivision, Buyer, to me known to be the identical person 7 ~ ~ whose name is affixed to the foregoing instrument and who. acknowledged the execution thereof to be her voluntary act and deed on behalf of said City. Witness my hand and Notarial Seal the date and year above written. f r 1 . ~'~ Wu. A Y•>~ted-iehnma Notary Public '' ~pp,TAYLOR ~ " ~~p,,Gp~~,2004 ~. E ~; ~~ Ip ~, f i' ~'/. \~ ~ t !r '( t~ p ~ F trl S .. SRI ~fi i,~f _ `. `', T t t , 1 __.. i' `` , ~:; . t,; +~ ~., s !{ ~ ~ _ r`E t ~ ~ ~° ,' ~ , ~, _, . 4 ~ ,.e: `~ , {r `F~ r . ,, .~.. ~:_' ~t ~ ,yit~ ;;. c I ;~ r r a ,d, ~ . ~ t~ ~M.rvr r ~ CC ~t~ w. . RESOLUTION N0.2001 - 17 COUNCILMEMBER SHOTWELL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between Robert C. Hunt, the City of Blair, Nebraska, and the Blair Area Community Foundation has been prepared and presented to the City Council providing for the terms and provisions of a contribution by Robert C. Hunt to the construction costs of the animal shelter to be built by the City of Blair, 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 and, after the donation is received, the facility shall be named "Jeanette Hunt Animal Shelter". NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor is hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WAITS. UPON ROLL CALL, COUNCILMEMBERS WAITS, REALPH, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF JUNE, 2001. CITY OF BLAIR, NEBRASKA B MICHAEL A. S, 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 26th day of June, 2001. ,~ ~ ~_ BRENDA R. TAYLOR, C CLERK AGREEMENT This agreement is made this ~(e~day of June, 2001 by and between Robert C. Hunt ("Hunt"), and the City of Blair, Nebraska ("City"), and the Blair Area Community Foundation ("Foundation") and the parties hereby agree as follows: WHEREAS, the City intends to build an animal shelter for the proper and humane treatment of dogs and cats and, WHEREAS the City is seeking. private contn"butions to aid and assist in the construction costs of such shelter and, WHEREAS, Hunt desires to make a contn'bution to the construction costs of such shelter under the terms and conditions as contained in this agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Hunt hereby pledges the sum of $25,000.00. toward the cost of the construction of the animal shelter by the City, and the Foundation and City hereby accept such pledge under the terms and conditions hereof.. Payment thereof shall be made to the Foundation and the Foundation shall restrict the use of such funds to the cost of construction of such shelter pursuant to the terms of this agreement. 2. The pledge by Hunt is contingent upon the following: a. The animal shelter to be built by the City shall be built at an expense not less than $225,000.00. b. The construction of the shelter shall be completed within. two (2) years of the date of this agreement. c. The funds pledged hereby by Hunt shall ~ used solely and exclusively for the construction costs of the shelter. d. The shelter shall be named the "Jeanette Hunt Animal Shelter". e. The signage indicating the name of the shelter shall ~ subject to approval by Hunt or Hunt's family members provided, however, such approval shall not be unreasonably withheld. 3. Within thirty (30) days following execution of this agreement, Hunt will de~sit the sum of $25,000.00 into an account at the Washington County Bank.. The proceeds of the account are hereby committed to fund the pledge as provided herein. All funds in the account, including any interest thereon shall be released. to the foundation upon compliance of the Foundation and the city within the terms of this agreement. 4. In the event of Hunt's death prior to payment of the pledge, Hunt intends the pledge shall be fiilfiited by a release of all funds- in the account at the Washington County Bank designated for the pledge, upon. completion of all the terms and conditions by the City and the Foundation. 5. This agreement shall ~ binding upon the heirs, personal representatives, successors and assigns of all parties hereto. Robert C. Hunt City of Blair, Nebraska By Blair Area Community Foundation By ~ e ~ CERTIFICATE 54326625 _~~.........,.... w.. ~.wwn ••a-w.•.•r~ _.. .. .. .. .. .. .. .... ... .. wuw .rnn rnwwa ns•arnense __ VCA 111 ILri 1 L VI a lave a. ve.e V x e n v n -n >•aa .+ ISSUED TD nAME4Si AND ADDRESSIES) OF DEPaerraRi3) t'Yon, yonrry ~ -- - NAME AND ADDRESS OF ISSUERiFINANCIAL 1NSTRUTION I'We, eery ROBERT C HUNT PLEDGE ACCOUNT Washington County Bank PO Box 248 2300 SOUTH ST .1523 Washington Street BOX 500 Blair, NE 6800$ BLAIR NE 68008 00001 S.S.p IT.I.N. ISSUE DATE MATURITY DATE X AUTOMATICALLY RENEWAatE TERM AMOUNT DF CERTIFICATE 507-09-2262 07/10/2001 07/10/2003 SI OLEMATURITq 24 MONTHS g 26108.30 IN THE AMOUNT OF Twenty six tnousana Une nunarea eign-c ana 3U/ 1lJVi.,i15 "" ppt~pRS INTEREST RATE. The deposit evidenced by this Certificate wiH sere an annual interest rate of 3 . 5 0 % Annual Percentage Yield 3 . 5 5 % Interest Payment Frequency OvaxTEtzr.Y orI xsstrE oAY which wiH be O credited to account number ~ paid to depositors} by check ~ added to principal of this Certificate. Interest will be calculated on a basis of O 385 days ^ Other .Interest will be compounded SIMPLE EARLY WITHDRAWAL PENALTY: NO penalty 0 Grace Period • Automatically Renewable Certificate: 10~ days. if this Certificate is withdrawn during the grace period, the interest rate will be L 0 the same rate of interest that would have been paid on this Certificate if renewed ^ interest will not be paid during the grace period ^ Poaaturity Interest • Single Maturity Certificate: The interest rata paid an the deposit after the Maturity Date will be ^ % ^ % ^interest will not be paid alter the Matunty.Date _ AUTHORRED SIGNATURE OW NESSHIP OF ACCOUNT AND SIGHTS AT DEATH lConsamerl (Select ODe and InitleU: ^ Single Party O Single Party with Pay on Death ^ Multi•Party with Right of Survivorship a Multi•Party without Right of Survivorship ^ Muitf•Party with Right of Survivorship and Pay on Death If account has a Pey an Death feature, name heneficlerylies}: OWNERSHIP OF ACCOUNT (ensiaessl: ^ Sole Proprietorship ^ Other TERMS AND CONDITIONS 1. GENERAL TERMS. Words or pdreeea paeceded by a ^ em applicable oNy Ii the ~ h marked. Phtacea oontalalgp a 61anY apace Whlob Is pot nGad la at completed With en NIA are not eppltcahle. As axed la the Terms end Conditions, the Wards'Cerdficata' and 'eeeog0l' refer to Wia CerNGeate of Time Oopaail. Z. PAYMENT AT MATURITY. Tha deDoeit ie payable opon prneatatlon of fhb Cariincate on a metnrhp date. It ihb fe a mnlN•peny aamnt peymegt b w6lact to the terms diecnseed in paeprapb a belaW. 3. SINGLE ANO MULT4PARTY ACCOUNTS. It the Certineate la noted as a elagle party ac¢oggt, et the death of UIe tadPoldnl, We aWnerehip o1 the innde remelalap in the ecaongi wiR pace to Ida tadiridval'e cetera. If NIB CerNlieata is noted ee a elogle party with pay on death eccoun6 upon tde death of the party, ownership passes to the pay oa deeW baneaderyped end w0 not be Dart of the daeaeaed party's estate. Ii We Cenitiaate qer a °peq on death" desiBnetl¢n, the OaDasitor may cbenpe ibe named beaeficlnry at any tlme. II the Certificate is desipaated as a mnln•party eceona4 Wa parties owe Ike account la praporNoa b net eonkibnnons nokse Hare h clear end coarinatnp aridenee of a dilfereot intent. If tde Certlnaete b desipaated ae a mnlN•partq with right of evrvivorekip, upon the death of ape of the parties to We aeaont, owaerebip pusaa to Ike aarrlrNg pertyaea} a hie at her aeperele property aad estate. Upoe the deaW of Ike lest perry of a mulU•party eeannat, owaenNp el the proceeds ai the account peceee over to iha deaeaced pertp'e estate. n the CertiRaala b dedpaeted as a mnll4party Wlthoot right of aurolvarehip, opon death of party, We deaeaeed patty4 ownership Inlamat penes se pet ai Ike deaeasad party's estate. II Ne Certilicete is deaipneted as a multbpartq with right of snroivondip cull pay ep death, opon We death of We last earahlap Patty, ownership passes to We pay on death benencierypeel end is pot pert of the last mavhiap pary'e esteb. In We ease of a Certineete Where more then one henefictery ie named oa Ike aceannt, the beneaalerin sdaU share egnaay la Ike tagda of NIB aaeognt. Tke Flanolel InetheUoa fe under no ohapation to permit WlWdreweh by eayoae other tiraa ibe peraoalsl denribed above. a. INTEREST. The Certltieete hosts simple blterest et the rate end basis set forth n the lace or the CertiHnte. Interest wN 6ot h¢ aompovnded onion eaUed toe as the lace of the Cartilicete. Interest wOl he peW eceordigp to NIB payment frequency eat lorth on the face of Ike Cerlincere and is ibe mnner ipdicated on ibe lase. Wilhdrawat of fatereri prior to maturity wi0 affect the anaoel perceptege yleW. Far any reaewela ai the Cartilieeta, Interest WRI he Peid al Ike reta Ikon to street at Ike Financial Insihvtioa i¢r similar deposits and anq each reneweln wiU he for a lime pedod equal to We oriOlnal farm and aaD(eot to these teams end aoadlUona. Except tar any Grace Pedod d(sanaaed in Pareprepb S or any PosaMatndry interact dlaauased in Perapreph 10, no interest wUi he Daid oo a depoah alter the Maturity Data. 5. T RANSFERAeIUT Y. NB debt in, or title to the dapodt an ibe CerNliaete ie Nnetarabie, except on the haoW of the Financial Inatltntioa. 6. GOVERNING LAWS. All terme of ibis Certince[e ere nhlaet to tde eppacebla prannt and luwre lew9 aad regolatione of thh 8tete aad of the United 8tetas or soy apanaq or instrumenteatq of lhla Stets end of the United Stater, and ell rules, mpvlatlooa end Drectic0a aoW ¢r her0efter edoDted by the Fianaeiei IaeNluUon Wilk re8peet to Idle Cortitteeta. J. wITHGRAWAI PRIOR TU MATURITY. aapositor bee aonttaelad to keep We faade aaideaoed hY ibis Certlnoata oq depnh from tda lease Date ante the Matnrhy Oate of thle CeatUfeate. Aceeplene of a request by Oepoettor for a WlWdaawal of some or ail of the funds prior to the McNdtp Date is et tde diearedon of the Fleaneial InstltvlWo. e. EARLY WITHDRAWAL PENALTIES. If the Flgenoiel IgeUmUon allows a withdreWel, either partlel or t¢te4 nob time n eUowe enck a withdrawal, Depoeilar wN he aesesaad eq early withdrawal penalty ae set tortk oa the lace of Wla Cartilicata. In no avant shall nch penalty ba tare rhea aerea (71 dayr aimPle Glnrevt oo We certln¢ate amouaL S. AUTOMATICALLY SENEWARLE CERTIFICATES renew aatomethaRy oa the Matnrhy Deta. If Ike deposit b whddrewa doriap the Glare Period set font n We teas of this Certlllcete, the Finndel laethndon wfd not cherpe en sally wiWdrewel penelip. It igtaran fa paid on the deposit uatU withdrawal dnriag the Oraae Period, it shoe be that are¢e Period Internet dnetihed oq the fe¢e of tbh Certln¢ete. 10. SINGLE MATURITY CERTIFICATES are not autameNaaDy repewnhle nd memra oa the Metgrity Oete nt fnrt6 an Ne face of Wis CeaWioete. No (ntarnt WiU ha paid oa the dapodt alter metnrhy npleee set loch oa the ieae ¢f Ibis CerNikne under Poel•Memrity ierelBal. SED EM PTIO N The Depoaiter(r) e¢knowladpep) receipt of roads represented by this Cetlifl¢eta o} Tkne Deposit. ^ Partnership ^ Corporation ^ Limited Liability Company UEPUSITOR SIONATUREaIATE DEPOSITOR SIDNATUREfDATE REPRSITRR SIGRATUREaIATE GEPOSITGfl SIGDATUREIOATE RESOLUTION N0.2001 - 18 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement for water main reconstruction on 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 water main reconstruction on U. S. Highway No. 30 in Blair, Nebraska, designated Project No. NH-30-7 (113) Control No. 21760, is acceptable to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IIT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCILMEMBER NONE VOTING "NAY", THE MAYOR -1- ~Y DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF JULY, 2001. CITY OF BLAIR, NEBRASKA BY CHAEL A. S, MAYOR ATTEST: ~' '~ BRENDA R,. TAYLOR, CITY LERK (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 10th day of July, 2001. c~~ ~~ ~ ~. BRENDA R. TAYLOR, CI CLERK -2- _. ,. AGREEMENT PROJECT NO. NH-30-7(113), STATE CONTROL N0.21760 CITY OF GLAIR . STATE OF NEBRASKA, DEPARTMENT OF ROADS HIGHWAY US-30 WATER MAIN RECONSTRUCTION THIS AGREEMENT, entered into between the City of Blair, Nebraska, hereinafter referred . to as the °City", and the State of Nebraska, Department of Roads, hereinafter referred to as the °State", WITNESSETH: • WHEREAS, the State has plans for the improvement of Highway US-30 in Blair, all as shown on the plans for Project No. NH-30-7(113), which plans are incorporated and made a part of this agreement by this reference, and WHEREAS, it is necessary to reconstruct the City's water main as a part of the above said project, at no cost to the City. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City has entered into an agreement with the firm of HGM Associates, Inc. for the engineering and surveying services required to design the reconstruction of the City's water ,. main as required by Protect No. NH-30-7(113), as shown on Exhibit ~A°, attached hereto and • ~ hereby made a part of this agreement. . SECTION 2. The State agrees to reimburse the City for 80 percent of the cost of the eligible engineering services as described above. The cost of the engineering services is currently estimated to be 13,447.87, as shown on Exhibit "A° attached. The City shall bill the State, on a monthly basis, for engineering costs Incurred by the City the previous month and the State will • pay the City for 95 percent of the State°s share of said billing within thirty days after receipt of said billing, up to a maximum of 95 percent of the estimated cost of engineering services as shown on Exhibit "A° attached. The final payment to the City will be made after the State's cost :, audit of City records has been made to verify actual costs. The criteria contained in Part 31 of the Federal Acquisition Regulation (48 CFR 31) shall be applied to determine the allowability of costs incurred by the City under this agreement. The City agrees to reimburse the State for any overpayment discovered by the State's cost audit and will pay the State within thirty days after receipt of a billing from the State. The City shall maintain all books, document, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment ~: ~~~ a ~ y . ' ~`• .,• , .. '; .. . .`.,, under this agraeman~ such records to be aaaifabla-for Inspection by the State and Federal Highway Administration or any authorized representatives ofthe Federal government, and copies ' thereof shall be fumished by the City. if requested. IN WITNESS WHEREOF, the party hereby have caused these presents to be executed by their proper officials thereunto duly authorized~as of the dates below indicated. EXECUTED by the City-this ~ day of ~.c ~~,_ , 20~. WITNESS: CITY OF BI.AtR City Clerk R~ayO~ ~a.~•- ~'Ff ~cuT~D 6y the state this 2 ~ day of . 20 a j STATE OF NEBRASKA DEPARTMENT ~t)F ROADS Project Developmen ngineer Project No. NH-30-7(113) - 2 - Control No. 21760 City of Blair Higtnxay US-30 Water Main Reconstruction 1~ AGR24HU ASSOCIATES INC. March 22°d, 2001 Mr. Allen Schoemaker, P.E. Public Works Director City of Blair 218 South 16`" Street Blair, NE 68008 Subject: Highway 30 Water main Reconstruction Agreement for Services NDOR Project No. NH-30-7(113) HGM Proposal No. 00071-026 Dear Allen: On behalf of HGMASSOCIA?'ES INC. (HGM) we are pleased to submit this letter form agreement for engineering & surveying services for the referenced project. This agreement consists of this letter, the attached Scope of Services labeled as Exhibit A, and the attached General Provisions labeled as Exhibit B. HGM will provide Basic Services including Surveying and Final Design Documents. These services are more specifically defined in the attached Scope of Services, Exhibit A. We will also provide Additional Services upon your request and receipt of your written authorization. HGM will provide these Basic Services on an hourly basis with our total cost estimated not to exceed $13,447.87. Additional Services will be charged on an hourly basis in accordance with our standard hourly rate schedule. Reimbursable expenses and the use of outside testing laboratories will be charged on the basis of actual cost. We will bill you monthly for our services and reimbursable expenses proportionate to the work completed on the project. All fees are due and payable to HGM within 30 days of the invoice date. A service charge of one and one-half percent per month will be added to any amounts outstanding after 30 days. 5022 S. 114TH STREET, SUITE 200, OMAHA, NEBRASKA 88137 (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 ., Mr. Allen Schoemaker, P.E. March 22°d, 2001 Page 2 of 2 We anticipate that we will be able to begin work on this project within 5 days of receiving your authorization to proceed in the form of your acceptance of this agreement. We estimate that all work can then be completed within 30 days of your authorization to proceed. If at any time we are delayed in the performance of these services, we will notify you immediately in writing. Please note that any information to be provided by you as defined under Client's Responsibilities in the attached Scope of Services will need to be furnished to HGM prior to our beginning work. Please indicate your acceptance of this agreement by signing where indicated below, and returning one original signed copy to this office. We sincerely appreciate the opportunity to work with you. Yours very truly, HGMASSOCIATES INC. -CONSULTANT Robert A. Naumann Operations Manager Acceptance of Proposal: City of Blair -CLIENT s uth rized Signature M~r,K ~ r h~~ r ~IaJb~ Printed Name & Title 127101 Date of Acceptance G:\prpposaLs\00071-###\00071-026.doc ~~i A TRADITION OF IXCELLENCE A COMMITMENT TO CREATNE SOLUTIONS Rev 03!08/00 A ~' ~ . SCOPE OF SERVICES EXHIBIT A This is an exhibit attached to and made part of the letter agreement dated March 22, 2001 between: City of Blair (CLIENT) and HGMASSOCIATES INC. (HGM) (CONSULTANT). Project Description: Engineering Services for the design of the Highway 30 Water main reconstruction to be completed with NDOR Project No. NH-30-7(113) The Basic Services to be provided by the CONSULTANT under this agreement are further described as follows: WATER MAIN DESIGN A. .Prepare Plan drawings for approximately 8800 L. F. of new 12" water main located on the East side of the reconstructed Highway 30 in accordance with City of Blair Standards. Horizontal alignment only, no profile will be provided. Design will be based on NDOR survey and base plans provided by the NDOR. Scope assumes electronic copies of the NDOR base sheets will be provided for CONSULTANT'S use. B. Prepare Opinion of Cost of new waterline plan and comparison for upgrade as required by NDOR. C. Provide copy of plans for City of Blair to submit permit applications for water main within NDOR right-of-ways. D. Answer Questions and Incorporate Comments from NDOR review (4 hours maximum). E. This scope does not include development of alternate designs, or identification of utility conflicts. Conflicting utilities will be either relocated or contractor will deflect water main horizontally or vertically to avoid utility conflicts. F. Only re-connections of existing services shown on the NDOR base sheets provided by CLIENT will be addressed in plans. Existing services are to be extended as required and are not expected to be replaced from NDOR ROW to ROW lines. CONSTRUCTION PHASE SERVICES A. Construction Staking of 8800 Linear Feet (L.F.) of waterline (horizontal alignment only no grade stakes included). Verification of the location of the existing water main is not included in this task. Existing line is to be abandoned in place. B. Construction Management, Observation, Coordination, and Testing are not included in this agreement. CLIENT'S RESPONSIBILITIES: In order for the CONSULTANT to perform these services, the CLIENT agrees to furnish the following information: 1. Provide electronic copies of the NDOR base sheets with roadway project design referenced. 2. Coordination with NDOR on permits, plans and water main design conflicts 3. CLIENT shall attend Preconstruction Conference to address any water main related issues. 4. CLIENT shall apply for any permits required for the project. A TRADR10N OF IXCELLENCE A COMMfTMENT TO CREATNE SOLUTIONS ,, ,', ~- . ~i U F7 U O c~~ .R xa~ o ~3 z ti ~ ~ ~A wo °z~a ~ O U ~ M•~~ ~ ~ ~ g. } p W •~ GQ s O M 'eb ~ ~ O~ ~ ~ ~ O~ C: ti N 0 H N N ~ tV U N N M O M N N ~ ~ U ~ O~ N N ~ ~, N ~ A N ~Y 'd' N .Nr ~ W y ~ N N M O ~ I ~ A ~ ~ ~ C, ~ ~ ~ ~ a a s a ~ ~ o ~ ° s ~ ~ w ~ ~ ~ b q z ~ ~ ~ ~ A ~ ~ o ~ ~ o ~ ~ ~ ~ a s ~ V, zr r a V. V. a C 6 ~~ ~; O M ti o ~ ~ o ~~ 64 b V ~ N ,, ~. ~a o ~~~ ~~ ~ ~ ~~~ ~ ~. aacaa.'a-v,cee~~~~ra M O O 00 0~0 O ~ M O 'V' ~ l~ Q~ M O ``77 'V' d" .--i ~A N ~ M tfi ~ ~ ~ O N l~ M O ~ ~ n ~' O '-+ ~-+ cV ~~ ~ O &~4 O O O (A M N O h O ~ M N Ot O~ O~ M l~ .-i i~ fR rj Qi ~ ~ ~ s ~ ~ ~ ~ ~y ~" ~... ,~na,nU ~a ~ ~ N ~ ~ ..+ ~ Q O a~ ~~ ~~ -- 0 H n M F CBI A ~, GENERAL PROVISIONS ExHiBIT B This is an exhibit attached to and made part of the letter agreement dated March 22, 2001 between: City of Blair (CLIENT) and HGM ASSOCIATES ING (HGM) (CONSULTANT). The General Provisions agreed to by CONSULTANT and CLIENT are as follows: Ownership of Instruments of Service: All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the CONSULTANT as instruments of service shall remain the properly of the CONSULTANT. The CONSULTANT shall retain these records for a period of ten (10) years, during which period they will be made available to the CLIENT at all reasonable times. CONSULTANT will provide CLIENT with a copy of the plans, the specifications, and laboratory test reports for information and reference in connection with the project; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others. Any such reuse will be at CLIENT' S sole risk and without liability or legal exposure to CONSULTANT or CONSULTANT'S subconsultants. CADD/Electronic Files: In accepting, and utilizing any drawings, reports and data on any form of electronic media generated by the CONSULTANT, the CLIENT agrees that all such electronic files are instruments of service. The CLIENT agrees to waive all claims against the CONSULTANT resulting in any way from any unauthorized changes to, or reuse of, the electronic files for any projects by anyone other than the CONSULTANT. In the event of a conflict between printed hard copy documents signed and sealed by the CONSULTANT and electronic files, the hard copy documents shall govern. Termination of Agreement: This agreement or any portion thereof, may be terminated by either party upon 7 days written notice to the other party. In event such Notice of Termination shall be given, the payment for General Consulting Engineering Services for work performed prior to the date of termination shall be determined by multiplying payroll cost times 2.15. Plan Revisions: If, after any plans or specifications are completed on any portion thereof, and are approved by the CLIENT and other necessary agencies, the CONSULTANT is required to change plans and specifications because of changes made, authorized, or ordered by the CLIENT, then the CONSULTANT shall receive additional compensation for such changes. Fees for these changes will be computed on an hourly basis. Successors and Assigns: Both parties agree that, upon execution of this agreement, same shall be binding upon their/its successors, assigns, and legal representatives until terminated by the expiration of agreement or termination by written notice, as provided above. Limitation of Liability: The CLIENT agrees to limit the CONSULTANT'S liability to all parties on the project due to the CONSULTANT'S negligent professional acts, errors or omissions, such that the total aggregate liability of the CONSULTANT shall not exceed the CONSULTANT' S total fee for services rendered under this contract, or $50,000.00 whichever is greater. Opinion of Probable Construction Cost: Opinions of probable construction costs and detailed cost estimates prepared by the CONSULTANT represent his/her best judgement as a design professional familiar .with the construction industry. It is recognized, however, that the CONSULTANT has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. Accordingly, the CONSULTANT makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant's opinion of probable construction cost. Contractor's Work: That the CONSULTANT shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and the CONSULTANT shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. Jobsite Safety: That the General Contractor shall be solely responsible for jobsite safety, and that this intent shall be carved out in the client's contract with the General Contractor, and that such contract shall indemnify the CONSULTANT. The CONSULTANT, and his agents, shall be named as an additional insured on the General Contractor's policies of general liability insurance. Construction Staking: That the Fees the CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service, or $5,000.00, whichever is greater. Hazardous Materials: That the Consultant's scope of services does not include any services- related to the presence of any hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite, the CONSULTANT may, without liability for any damages, suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. ~,I~~~ A TRADITION OF DCCELLENCE ~ ~~ A COMMITMENT TO CREATIVE SOLUTIONS RESOLUTION N0.2001 - 19 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Blair Area Young Men's Christian Association, Inc. ("Blair YMCA") is a Nebraska non-profit, tax-exempt 501(c)(3) organization, and that the Blair YMCA is in the process of constructing a new senior citizen center for residents of Blair, Nebraska and the surrounding area and that the total construction cost is estimated at $250,000.00. WHEREAS, the City of Blair, Nebraska does not currently have a senior citizen center, and that the City determines that contributing keno funds for a senior citizen center at the Blair YMCA is a community betterment purpose within the meaning of Neb. Rev. Stat. 9-604(1). BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF TIC CITY OF BLAIR, NEBRASKA, THAT the application for by the Blair YMCA for $50,000.00 of keno funds is hereby approved on the following terms and conditions: 1. The funds shall be used for construction of facilities at the Blair YMCA which are to be used predominantly for a senior citizen center; and 2. The keno award will be paid in four equal annual installments in the amount of $12,500.00, with the first installment being due and payable on January 15, 2002, and the remaining three installments on January 15 of each year thereafter ("Due Date"); provided, however, that all awards of keno funds approved by the Mayor and City Council prior to the date of this resolution shall have priority over the funds awarded to the Blair YMCA and, in the event that, if on any Due Date there are insufficient keno funds on deposit to pay (i) all previously awarded keno funds, and (ii) the Blair YMCA annual installment, then, and in that event, the installment due may be deferred until a sufficient amount of Keno Funds are available, it being understood that all previous commitments of Keno Funds shall be satisfied prior to the satisfaction of the award to the Blair YMCA. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF,} ABBOTT AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24TH DAY OF JULY, 2001. CITY OF BLAIR, NEBRASKA. B~ CHAEL A. MINES, YOR ATTEST: ~'ia `~ BR`~NDA R. TAYLOR, Y CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 24~ day of July, 2001. G%" ~~~ B NDA R. TAYLOR, CIT LERK a ~ ~ - ~ ~ ~ ~~ 4 po r ~ut~ ~ ~~~ t®: Keno Committee ~r® : Blair Family YMCA ~~II.Ct: _ Rusty Bahr +' _ Executive 1?irector _ Blair Family YMCA 1551 Front Street _ _ _ Blair, Nebraska 68008 - - -, (402) 533-9622 - _ S~ls: The Blair YMCA is anon-profit tax exempt 501(c)(3} organization ®S~ ®f ~u~~: To construct a new $250,000 senior center for Blair, Nebraska. and the - surrounding areas. This 1,800 square foot facility will include a large multi-purpose room, kitchen and elevator for handicap accessibility. C~.p~~ - $250,000 - ues# ~+' ds: $50,000 T'® ~.te: $10(},000 as of May 9, 2001 ~~ ~~e ~ : May 1, 2001 to May 1, 2002 ~~ Saab ~ May 10, 2001 ~;~ ~: '; e ~ ~ ~ ~ The Blair Family YMCA is anon-profit, tax-exempt 501(c}(3) autonomous organization affiliated with the YMCA. of the USA and the International YMCA movement. The mission. of the Blair Family YMCA is "To put Christian principles iota practice through programs that build healthy: spirit, mind, and body for Blair and the surrounding: communities regardless of ability to pay". The YMCA has a 153-year history of service to communities across .the United States.. Any person can join the YMCA or participate in YMCA programs regardless of age, race, gender, religion or ability to pay. In fact, the-Blair FamilyYMCA offers financial assistance to over .100 children and'families. The. YMCA is also avolunteer-based association. The Blair Family_YMCA had 300: active volunteers in 2000;. The YMCA believes strongly in community development -and collaboration: The Blair Family YMCA has active partnerships with the YMCA o£Metropolitan Omaha, .City of Blair and Blair Community Schools.. The Blair Family YMCA also has a strong corporate membership program with 15 active corporate. businesses participating. _ 2. l~r® s The Blair Family YMCA offers a-full range of programs that build strong kids, slxong families and strong communities in Blair, Omaha and the surrounding towns. We serve 2,100.members and 3,000 program participants. -The YMCA believes in developing character by implementing honesty, caring, responsibility and respect in all programs and relationships. The Blair Family YMCA offers quality childcare, aquatics, sports, family events, and health and fitness.- • We are committed to offering top-notch childcare programs far children ages six through ba' grade. Currently we serve 85 children in our summer adventure camp. Our summer camp has been nominated for the YMCA Cluster Excellence Award. We serve 80 children in our before and after school program. An on-site nursery is provided to families while they are participating in YMCA activities. We are working with Headstart to offer a comprehensive full curriculum pre-school for children with economic disadvantages. Our childcare programs focus on character development, family involvement and. volunteerism. • Teaching children and adults to swim is saving lives. The Blair Family YMCA offers a comprehensive aquatics program. We provide programs at the Dana College indoor swimming pool and manage the city of Blair outdoor swimming pool. We are successful in offering .quality swim lessons for all ages, swim team; water fitness, community parties, .pool rentals, safety classes and recreational swim. The Blair Family YMCA serves 288 swimming pool members, 375 participants in swim lessons, S5 swim team competitors and 145 recreational swimmers every day during the summer. • A wide variety of youth sports are offered at our YMCA including t ball, basketball, i' ~, volleyball, football and soccer: YMCA youth sports allows all children equal time to play and enhance their skills. The YMCA is serving and developing 550 youth in our:sports programs. The Blair Family YMCA encourages healthy adult competition and camaraderie %; { , ~:: :::, • through our adult sport programs.. We are currently serving 530 adults in basketball, volleyball, hockey and,softball programs. ~~ • The YMCA believes that the family is the core to our society. The Blair Family: YMCA offers monthly family nights to encourage positive family interaction.. The YMCA is also offering family holiday activities such as a father/daughter Valentine dance, harvest party, 4'~ of July party, Thanksgiving dinner and Christmas activities.. • The YMCA offers a comprehensive fitness program for the people of Blair: This includes fitness testing, weight training orientations, wellness prescriptions,. personal training, cardiovasculaz° conditio*+'ng; ,aerobic classes and health fairs. The Blair Family YIVICA develops life long health, fitness and wellness: YMCA fitness is an integral part of a heahhy and well balanced life. Through .strengthening the spirit, mind and body, we help our members experience life more fiilly.- 3. P~~l~ Sew _ _ _ The Blair Family YMCA offers programs for infants through senior citizens to the people of Blair anci` surrounding areas. - _ - _ - - - • Our total. service area includes a population of 19,400 individuals. However, several of our members and program participants reside in Omaha and surrounding communities and commute daily to Blair for work. _ • Our YMCA is proud:to say that we serve 2,100 members and-3,000 program participants. 4. s~®~ • The Blair Family YMCA was organized in October of 1994 • Received national charter. September 1, 1995. - • The YMCA's first program was offered in May 1995.. • The first facility was opened in May 1996 in the newspapers storage area. • In. October 1997 Bill Nilson donated 16 acres, which is now the future sight of the Blair Family YMCA. • In May 1999 the YMCA kicked off a $4,500,040 capital campaign for the construction of a new YMCA • May 20, 2001. the YMCA had it's groundbreaking ceremony for the new YMCA. A copy of the Blair Family YMCA strategic plan has been included. ~.~ ~° ~` ~ ® ~ ~ The Blair Family. YMCA will construct a-:new $250,000 senior center on the second floor of the new YMCA facility in Blair, Nebraska. There is no comparable senior center building in Blair or surrounding areas. The new senior center will. be 1,800 square feet and wi11 include amulti-purpose room, kitchen and an elevator for handicap accessibility. This senior. center. was not in the original building plans at the new YMCA. However, the need for this center has` been strongly identified and the YMCA feels that: it must step up and collaborate with other .agencies to meet this community need. The-new senior center will offer something for all actiee and nonnative older adults! This senior center will be located on the second floor of the new YMCA facility and will have an impressive view into the swimming pool. The center will be complete with a kitchen that will allow the YMCA to serve hot meals to seniors 2-3 days a week. The center will be open to all individuals 60 years and older. A YMCA membership is not required to~oin the center and no fee will be charged. The senior center will offer seeeral programs including craft classes, fitness, education classes, bingo, dances, lunches, holiday parties, music, socialization opportunities, senior trips and so much more. The YMCA is collaborating with the Nebraska Office. on Aging and Memorial Community Hospital to utilize all community resources that will make this venture a success. F $ A major component of this senior center will be the ability to serve hot meals: It is imperative that (' 3 _. older adults receive adequate nutrition at this phase of their life. The YMCA will alsa transport seniors from various locations to maximize participation in the food program. 2e P~°®~~ ud~~~ Senior Center $180,000 Elevator. $ 45,000 ~a Kitchen $ 20,000 `~~~ Equipment 5000 Total $250,000 Jake Rand. $100,000 40% Staxe of Nebraska Crrant $ 20,000 8% Keno Funds $..54,004 20% ~~~' Blair Family YMCA $ 50,000 20% Individual Donors $ 30,000- 12% Total $250,000 100% ~~ ~. ~_ 6s:6 (','' :. ;I Campaign Complete Ground Breaking Qpening of Senior Center I,I May 2002 ~.y 2001 September 2002 4, keno P d ~~~ons A $50,000 gift from the-Keno Fund will be a vital contribution necessary to complete the campaign. goal of $250,000 and construct the new senior center.. It is anticipated that the expenditure of funds .will be needed from December 2001 to May 2002. .a ` - - `~ - 5.- ~®r Plans - - Floor and site plans are included ~:1 - s:: ~:{ ~._., ~. ~ ;.~ ~31cs i v' YMCG~ StV'GfiC,GJIC f IGVI ~" ___. ~ r ~.. _~ ~ ~~ ,- F S ('~ ~ a kt 1 a~ yep ~ ~, ~- TM ~Te build strong .kids, strong families, :- { t;~ ~ strong .communities. ~. Strategic Plan Zoag-ZOOS Goal Statements- 1. Secure funding; construct to plans and setup new YMCA facility to open September 2002 2. Implement staff development program focused on recruitment, training, new facility transition and compensation. 3. Develop a strong financial. development program including annual campaign, endowment, current capital campaign completion and grant/foundation solicitation. 4. Begin planning for future expansions and capital campaigns. 5. Develop a cash management plan focused on fiiture operations realizing short-term deficits while keeping safe cash position. 6. Membership. will .become primary operations focus by adopting advertising budget and developing a comprehensive marketing plan. 7. Address traffic needs at the new YMCA facility site. 8. Conduct a feasibility study to offer programs at the current YMCA facility after completion of new YMCA facility. 9, Continue focus on program quality. by implementing a program evaluation plan and focusing on staff development. 10.Continued commitment to core program areas including,. aquatics, childcare, sports, fitness, -swim team and membership. m l~Te~ Y1V~CA Facility ~ 1. Secure Funding through current capital campaign by May 2002. • Implement brick campaign -March 2001 • Implement campaign marketing plan -February 2001. • Submit new grant proposals -August 2001- 2. Develop and submit plan by December 2001 addressing heavy traffic volume on highway 75. 3. Plan sport complex facilities at new YMCA-site to be complete May 2002.. 4. Develop a landscaping plan for the new YMCA site by May 2002 5. Prepare to transition into new YMCA facility by August 2002. • Hire Aquatic Director -May 2001 • Implement Y-ware accounting and membership tracking program -January 2002 • Develop complete aquatic program for new YMCA pool - Apri12002 • Develop transition plan. -May 2002 • Train staff on new facility and procedures -August 2002 6. Conduct needs assessment and feasibility study to start. senior programs at new YMCA to be complete by May 2002. 7. Open new YMCA facility September 2002. ~ Progra~n/Idrlembership ~ 1. Recruit and retain 750 membership units to sustain operations at current facility. Success will be measured. `'~., in February 2001, September 2001 and February 2002. 2. Recruit 1,100 membership units at new YMCA facility by December 2002. 3. Develop and implement a swim team model. • Approve model by swim team committee and program committee -March 2001 • Implement model -June 2001 4. Develop a program evaluation plan by December 2041. 5. Hire a Childcare Director by January 2001: - 6. Hire Aquatic Director -May 2001 7. Conduct a program assessment and feasibility study for operating programs at the current YMCA after completion. of new YMCA. To be complete by May 2002. 8. Develop a comprehensive marketing plan by August 2001. Fianciall)evelo anent. 1. Develop annual campaign for 2001. - _ • Submit for Board approval. -May 200.1. • Complete campaign -December 2001 2. Develop an endowment program by September 2002. 3. Implement capital campaign marketing plan on February 2001._ • New YMCA on phone bookcover -January 2001 • Campaign update in newspaper BI-monthly 4. Submit grant proposals in August 2001. . Staff I~evelo InCnt 1. Hire a Childcare Director by January 2001. - 2. Hire Aquatic Director -May 2001 no later than December 200 L • 3. Develop a staffrecruitment plan to be complete May 2001.. 4. Develop a staff compensation plan by February 2001. ~~ RESOLUTION N0.2001 - 20 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Washington County Area Lewis & Clark Bicentennial Commemoration Committee has been created and organized under the auspices of the Washington County Historical Association, and that the purpose of the Committee is to advance tourism and the positive image of the Washington County area; and WHEREAS, the Washington County Area Lewis & Clark Bicentennial Commemoration Committee is anticipating the Signature Event in 2004 which is estimated to bring thousands of people to Washington County, Nebraska. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the Washington County Area Lewis & Clark Bicentennial Commemoration Committee is recognized and supported as the officially recognized committee to honor and commemorate the spirit of Lewis & Clark's expedition and to coordinate and facilitate the activities of the commemoration between the date of this resolution and the year 2007. COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24TH DAY OF JULY, 2001. CITY OF BLAIR, NEBRASKA 4 Q BY C L A. MINES, MAYOR ~~ ATTEST: ~ ~~ ~ ~ BRENDA R. TAYLO 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 24`~ day of July, 2001. //d ^/r 9.~ ~ ~9 /~//~E/ /C/ L 9/'/ BRENDA R. TAYLOR, CITY ERK .~7/1€SJ2001 13:42 14024264848 PAGE 02 June 29, 2409 Mick tUlines, Mayor City of Blair cit~r tis~l 218 S. 96th Street Bisir, NE 68t1A8 Dear Marycu Minim: F.O. Sox 2B, Ft. Ca1ltc-uat, iV~ b80?~ 402-4b8-5740 (fax 4U2-4b8-5741)- e~ur~ax~: i~q(~ttewashcohist.org Lewis and Clark made hi~ry here 200 Yasra ago. Washirigtvn Cour~jr will host a Natior~a! Signature Event ~ part of the bit~rEtennial commemoration of Lewis and Cleric's journey as they exploned and dcxsumentect their disemrere~. This event is scheduled in August 21304 ~ ~o-# Atkinson and is one of only ten + everr~ts happening throughout tl'~ nation. A group of area Wizens bars fontied the iNa~shington CoaMy Lewis said CIaUk ~iceM~ennlai Commiti~. These citizens are among those who are itrte~ed in making certain ~ thousands of visJtors ~ Washington County during the rnext siu y~rs will rs~,un horn8 with wonderful memories of oeu qty anal' a t~eigtitened imau+ie of the events that haKi great. hislnrical signific~oe on the soli we walk u~ today_ The Washington G Hisctorical Avn b~ieves this is ~ impt project and has officially designated the Washington minty Lewis and Clark !3'tcertt+~nnial Camm~rLtee as a c~ammittee of ifis *;ioard. This designation provides the a wishing tv assist in deveiopirtg a series of events tv c~unplerramt the sagre event with fta~ ad~cane of ttts tax benefit. We request tame on your next tda to visYt with you abut this ~ea~ project, rawer questions artd to ease that you adapt and pass tts3 res~alulton n•.ening the VW~hiin+,gtan County Lewis and Clark Btcentsnnhd Committee ae the ot~al ca~nty cotnrnittse for this spedal time period. That ne~lution is induds~! with this let#er, We wip check back in a fe~nr days t4 lind out When you stave sc~reduled us to appear before-your memAership. if you have questior~ prier to our coq, ytut may t Dan Hunt a~ 428.6311. Thank you in advance- for your consideration. Sirn:erel [Ydvid Gen President Washington Gau~riyr Hi Associ~btan c"v+-- -~ Dan 1-lunt, Chair' 1Naattiington Cnurtty Loris aril clerk BiceM+ennial Committee Enci RESOLUTION N0.2001 - 21 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska proposes to apply for assistance from the Transportation Enhancement Program for the purpose of constructing segments of the Deerfield- Lions Trail; and WHEREAS, the project includes the construction of a hiking/biking trail from approximately the Deerfield Addition to the City of Blair, Nebraska, to Lions Park in Blair, Nebraska; and WHEREAS, the City of Blair, Nebraska will have available a minimum of twenty percent (20%) of the project cost and has the financial capability to operate and maintain the completed facility in a safe and attractive manner for public use; and WHEREAS, the proposed application and supporting documents were made available for public review at a properly announced meeting of the Blair City Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the Mayor and City Administrator of the City of Blair, Nebraska are hereby authorized to apply for financial assistance from the Transportation Enhancement Program for the purpose of constructing segments of the Deerfield-Lions Trail. COUNCILMEMBER ABBOTT MOVED THAT TIC RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND ABBOTT VOTING "AYE", AND COUNCILMEMBER BIFFAR VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24TH DAY OF JULY, 2001. CITY OF BLAIR, NEBRASKA B C L A. S, MAYOR ATTEST: ' ~ ~' BRENDA R< TAYLO ITY CLERK (SEAT,) 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 24th day of July, 2001. BRENDA R. TAYLOR, C CLERK ~' r` State of Nebraska Department, of Roads Trans~rtato®r~ Enhancement it®veent Request (®ra~ '~ . TYPE OF GOVERNMENTAGENCY (Check Orre): ^ image ®~ ^ Doty aGENCYNAME: City of .Blair ^ NRD ^ State ^ Other °~^ CONTACT PERSON: ~ DAYTIME PHONE: Sue Hiller ~ 402-426-4191 MAILWGADDRESS:{Street) C171f: STATE ZIP: 218 South 16th Street Blair ebraska 68008 FAX NUMBER: EMAIL: 402-426-4195 shiller@ci.blair.ne.us 3. coNracT PERSON: (iadne Name & Tie) SIGNATURE DATE: Sue Hiller, Assistant` Administrator 25 July 2001 4,~ GOVERNAdENT AGENCY: (Print Name 8 THIa) SIG e DATE Mick Mines, Mayor 25 July 2001 r ~ / ~. PROJECT NAME (Example: Beafrice 8~ Bhte Tray Neagh MUI Bridge Rerrovattonj Deerfield Lions Trail 6. PROJECT DESCRIPTIONILOCATION: (lndude toptfor, uwork to be performed and a~ map) .See attached. 'j. PROJECT COST ToraL; $322,947. ~ FEDERALFIiNDSREnuESTED: $258,357 $~ MATCHING FUNDS PROVIDED BY: Eity of Blair PERCENTAGE OF MATCH: (Mfnimten 28'/0 of iota/) 20y, 9. PROJECTTYPE (Baled Orre Category) ~J Trails ^ tfistortc Preservation ^ Scenic or Historic Byways Attach the following required items: • Budget • Map .(Maps of some cammunfies may be obtained from the Department of Roads Map Sales at 402-479-4503}. Page 3 Estimated Project Budget Proposed Deerfield to Lions Trail Jufy 2001 Activity Price* Price ~ - Grubbing and clearing $ 18,750 $ 1.8,750 Grading 35,000 35,000 Striped street crossings {4} 4,000 4;000 10-foot accessibility ramps {2) 2,000. 2,000 Filling {900 ClO 4,500 4,500 Extend box culvert (8x10) 10,000 10,000 Replace flume w/storm sewer,. 5,000. 5,000 Culvert stream crossing {20' of 48°} 5,000 5,000 ..Signs 9,000 9,000 6,665 ft.of concrete trail {10' wide of 6°thick) $162.922. $192,544 Subtotal $256,172 $285,794 Engineering, Survey, Design (10%} 25,6.1.7 28,579. Construction Management {3%) 7.685 8.574 ::Total $289,474 $322,947 * Based on $22 per square yard cost of 6° cona-ete trail ``Based on $26 per square yard cost of 6° concrete trail E Project Description Proposed Deerfield Lions Trail July 2001 The City of Blair proposes to build a trail system segment from Deerfield Subdivision, located northwest of town, to Lion's Park, located with the central city, utilizing existing right-of-way, an abandoned railroad corridor and publicly owned (school) property. The trail will connect to schools, churches, other parks, and the community hospital via existing sidewalks and streets, some of which have been designated as potential routes for future trail development. The proposed segment would also connect, via e~asting sidewalks and streets, to a trail along south Highway 30 that is scheduled for construction in 2003. In recent years, residential growth in Blair has occurred mainly to the north of the City, along Highway 75. Given this established pattern, and the availability of suitable land, this trend is likely to continue. Construction of the proposed trail segment would provide a bicycle and pedestrian traffic link between this developing residential area and the rest of the city. The City intends to assemble the necessary land by means of permanent easements, and inter-local agreements. The proposed beginning, end and route are shown on the attached map. The proposed trail would be approximately 6,665 lineal feet (1.3 miles) in length, and 10 feet in width. It would be constructed of 6" concrete, with two-foot grassed shoulders on each side. Two drainage-way crossings would be required. One (Cauble Creek) would require extension of an existing box culvert and some grading and filling. The second, located on the Arbor Park Middle School property, could be made with a 48-inch culvert. Ido buildings, fences, curb, or other structures would be removed. The trail would be appropriately signed, with both informational and caution signs. The trail would "loop" through the streets and sidewalks of the Deerfield subdivision, making it attractive to recreational walkers and bicycle riders. However, the primary function of the trail would be to provide anon-motorized, transportation link between new residential development and the central portion of the City, where most schools, parks and commercial establishments are located. s„i ~-;-.`""°~"-x~~ .his''' .s =a+.-• w~~°":~~~`~-k ,y a`"~".-"z'`Y' •-Y' r„ 'k' y. s~''°'-,~'~L~k+.F s~.+9''r^*:- ,. ~ a~~ t~ >, ^~~ F t• Ds ~ s as AIaIIDM i °• • e • iQM • a a y - r - ¢ u n. a • ~a f AW1(IQI a • f • PMBC •~ ~i^ M i . ~~. .. ! • a a O 1 ) 9 w~~Y.~~!,. f f~ ~l.i.J.J [-~-~ • • ~ i ~ r 1~• f f a , i ~ _ ... b as 7 • r • a • ~ . ; . s s • • .. • ~ . a ~ i • w ' • a ; ~ ~ t , .. ~ • $ ,~4{~i~1 I{Lp~---ff {CpH-fit ~'~''( ~~ .l f i r ~ w a r s n 1~ ~ ~, a ~LLLL1L~ ~LIJJCU ~~t V11LJJ Ll say ~ _i LL4t +f , f•a t • ns r ,.~ECC~afa ~.i ~ i s a IaR m2d n.fll m ! s r ~ Alp! ~ >b a^ ! - a r s• . a r s r ~ + + a r :. 'r • r i ~'. i ~ N aaf ^+ s t-+~ ~~-~n7.-~- •~~~-~( a~~--~~ [~•~7 s 3p °tl a a - n a aa! p w nas el_1_Li1J C1.11.1.L' PI I f IJJ • • a p a • ^ a+a atlv a+^ us ^CR tt. W ~ •s $ p• ~ • r s~ r f a ~ 4a• ~ ms O At0 ris 3f11 sA SQlOd. ! s a n.ao ~ ~ Y9q a IOR RA LL • f t : f • e• r • f ~tilWlaLt1W ~ a ~ a a r A ~ • ! ! ! 1 a ! • ° • s r aao ^p^ ~ ~ • ^ ri a• fIDiE a °- ~` a °° s s. w 1111111 ! ' a r + p . a It eOUR OOOIt ~. t ~ r p Gtr''~L~7`L~^7'L~7'{fJ~'~1(~'J~[+~~1~ ('~j ~ $~~,pDG ~ a r ' t a t a ' ~L s ns rn'. s a9if N1111 I I f'1 P'11 ill l"I~1'1 1 f i-t 1~ a ~ t 8C~1_t_t.~J~^ • t ^ A O y S • 1 ~ I r * ^ • a ft s ^ s • ! Zt • Y ^ • ! a ° • * n ^ n!f a s + ~ a • p q A 1! 7 !OY^ • a r s • •' s • ^ ^ a f r m •f 1 i•P"ta ."{ • r 9x101. Jf i • + 9CNOd. aa• ~ n tM + a ~~ r • TL \V\ s ~ H 11 r _ nu us s • /1R 6 6 m 4A _ m• w >a z.: ~ ~ +r RESOLUTION NO. 2001-22 BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR, NEBRASKA: Adoption of Amendment and Restatement of the City of Blair. Nebraska Civilian Employees' Pension Plan and Trust Agreement: NOW, BE IT RESOLVED, that effective July 1, 1997 the City shall amend and it hereby does adopt, an amendment and restatement of the City of Blair, Nebraska Civilian Employees' Pension Plan and Trust Agreement (the "Plan") in the form of the Plan document attached hereto and. by this reference fully incorporated herein. The purpose of said amendment and. restatement is to: a. comply with all provisions of the General Agreements on Tariffs and Trade, the Uniformed Services Employment and Reemployment Rights Act of 1994, Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the IRS Restructuring and Reform Act of 1998, and all other tax laws enacted since the Plan was last amended, as such laws apply to govemment plans; b. change the Plan Year from a fiscal year to a calendar year, effective. January 1, 2002; c. provide that effective September 1, 2001, Participants will be permitted to direct the investment of their accounts; and d. make such other changes as determined by the City. 2. Adoption of Amendment and Restatement of the City of Blair. Nebraska Police Retirement Plan and Trust: NOW, BE IT FURTHER RESOLVED, that effective January 1, 1997, the City shall amend and it hereby does adopt, an amendment and restatement of the City of Blair, Nebraska Police Retirement Plan and Trust (the "Police Plan") in the form of the Police Plan document attached hereto and by this reference fully incorporated herein. The purpose of said amendment and restatement is to: a. comply with all provisions of the General Agreements on Tariffs and Trade, the Uniformed Services Employment and Reemployment Rights of 1994, Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the IRS Restructuring and Reform Act of 1998, and all other tax laws enacted since the Police Plan was last amended, as such laws apply to govemment plans; } b. provide that effective September 1, 2001, Participants will be permitted to direct the investment of their accounts; and c. make such other changes as determined by the City. 3. Authorizations: NOW, THEREFORE; BE IT FURTHER RESOLVED, that the Mayor and other appropriate elected officials and officers of the City of Blair shall be, and they hereby are, authorized to do all things necessary to carry out and accomplish the foregoing Resolutions, including the execution of any document or amendment which may be necessary or appropriate to amend and administer the aforesaid Plans, including such. actions as may be necessary or appropriate to achieve and maintain qualification of the aforesaid Plans under Section 401(a) of the Internal Revenue Code of 1986, as amended. PASSED AND APPROVED this 14th day of August , 2001. CITY OF BLAIR, NEBRASKA By: Its: Michael Mines, Mayor By: ~ , ~ Its: Brenda Taylor, City Clerk DOCS/466432.1 2 ?1 t ,x ,~ TABLE OF CONTENTS PAGE ARTICLE I-DEFINITIONS 1.01 ... .... Plan .............................................. ............................. ............................:.....1 1.02 Employer ........................................:.................:............... .................:..::...............1 1.03 Trustee ........:.....:.............:........................:........:....:.......:. ....:........:...........:.....,.:...1 ..1.04 Plan Administrator ..::.......:.:.......:......::.......................:...... ........, ......... , .............:.... l 1.05, Advisory Committee ......................:.............:.................... ........:.............:..............1 1.06 Employee .........................................:................................ .........:...........................1 1.07 .. .... ..... .... Participant ..: ............... ........ ............................... . ...................... ...:.......1 1.08 Beneficiary .......:.......................................:'........................ ...,.........::...:....:..:.:......:.2 1.09 Compensation ............:..............................................:....... .....:...:............:::...<.....:.:2 1.10 Account ...................................................:.....:.................. ..........:........:.................2 1.11 Accrued Benefit .....:..:............:..:...................:................... ............::.........:.............3 1.12 Nonforfeitable ............................................:..:......:...........: ...............................:...:.3 1.13 ......... .... ... Plan Year .................................. .......... ............ ........................: .. ..3 . 1.14 Effective Date' ....................................................:......:...... .........,:'.....................::..:.3 1.15 Plan Entry Date ............................................................... ..................::.......:......:...3 1.16. Accounting Date .................:.............................:............:. ...........:.........:.:..:.....:.....3 1.17 Trust ......................:.......................................................:. ...........:..........................3 1.18 Trust Fund ................:...............:...................................... ........................::............3 1.19 Nontransferable Annuity ............:........:...........................: :..............:......................3 1.20 Code....: .....::..........:.......:.....:........................................... .....................................:3 1.21 Service .......................:.................................................:.. ......................................3 1.22 Hour of Service ..............................:.....................:....::.... ................:...........:.........3 1.22 Leased Employee ............................:................................ :...............................:.....4 1.22- .Related Plan .........................:..........:................................ ..:.........................:.......:.4 ARTICLE II-EMPLOYEE PARTICIPANTS 2.01 Eligibility ............................:.................................................................................. 5 2.02 Participation Upon Re-employment ............................:...:..:......:..:.......................... .5 2.03 Exclusion From Participation ..............:.........:......:.....:.......:........................:........:. 5 2.04 Break In Service= Participation ................:..........:.....:.....:.....................:............... 5 2.05. Election Not To Participate..! ..........................:...................:................:................. 6 ARTICLE III-EMPLOYER CONTRIBUTIONS AND FORFEITURES 3.01 Amount .......................................................................................................:. 7 3.02 Determination of Contribution ...........................................................:..................: 7 3.03 Time of Payment- Contribution ........................................:.......:...........................:.. 7 3.04 Contribution Allocation .................:..........................:......:.:...............................:... 7 3.05 Accrual of Benefit ............................:.......:............:....................:..............:........... 8 3.06 .Limitations on Allocations to Participants' Accounts :............................................. 8 Z ~ z r, C. e G TABLE OF CONTENTS (continued) ' .PAGE ~, 3.07 Definitions-Article III . ............. .3.08 Forfeitures .............. ........._........................... .. ....... ....9 .... .......... ......................................... .......................10 .ARTICLE IV-PARTICIPANT CONTRIBUTIONS 4.01` Participant Voluntary Contributions ...................::.... 4.02 Participant Rollover Contributions ...... .... .: ..::............... .............................11 4.03 Participant Contribution - Forfeitability .....: ..:....:.. • ~. • •. • • ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~~~ 4.04 .Participant Contribution - WithdrawaUDistribution......... ..... ........:... • • • ......11 4.05. Participant Contribution -Accrued Benefit............: . ............. .:................:...12 ARTICLE V-TERMINATION OF SERVICE PARTICIPANT VESTING 5.01 Normal Retirement. Age .................. ....... ................ .13 5.02 Participant Disability or Death .................................... .... .................... .. .. ..........................:.....13 5.03 Vesting Schedule . .:.:..:.::.......:...:. .........13 5,04 Forfeiture Occurs... ...... „ .... .. .... ............ ...................... ............................................................... ..............13 ARTICLE VI-TIlVIE AND METHOD OF PAYMENT OF BENEFITS 6.01... .Time of Payment of Accrued Benefit...::......:.....:. ............................15 6.02 Method of Payment of Accrued Benefit .. .......... .16 6.03 Distributions Under Domestic Relations Orders ...... • ....................... .........18 ARTICLE VII-EMP~,OYER ADMINISTRATIVE PROVISIONS 7.01 Informatioa ta' Committee............ 7.02 No Liability .. .............................................................................:.........:...........20 7.03 Indemnity of Certain Fiduciaries.... ... ......... .......................................20 7.04 Employer/Participant Direction of Investment ............................. • • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ """ • 20 ..........................20 ARTICLE VIII-PARTICIPANT ADMINISTRATNE PROVISIONS 8.01 Beneficiary Designation ......................:.................. . ......................:...........:..........21 8.02 No Beneficiary Designation/Death of Beneficiary.................::: ..........................:. 21 8.03- Personal Data~to Committee .! ................. 8.04 Address for Notification.......... .. ...........................................:................. 22 8.05 Assignment or Alienation ......................::...........................................................22 ARTICLE IX-ADVISORY COMMITTEE -DUTIES WITH RESPECT TO PARTICIPANTS' ACCOUNTS 9.01 Members'' Compensation Expenses ...................................... ...::........................:. 23 9.02 Term.: ........:.........:....... ....... ......................... .23 9.03 Powers .............. ................... ....................... .................. .................. .................................. ..:.......:..23 S c ~ ^ r. TABLE OF CONTENTS (contYnued) PAGE. 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11 9.12 General ........::................... .......................................:....:.....23 ................................. Manner of Action ......................... .......:..............:...:.:........................24 ................... Authorized Representative ........................:.............................:............................ 24 .... Interested Member ...................................................:.. .....................................24 Individual Accounts ..............:....:......................................................................... 24 Value of Participant's Accrued Benefit .................................................................25 Allocation and Distribution of Net Income Gain or Loss ......................................25 Individual Statement ...... ............................................ ......:......................: . 25 .... .... Account Charged .......:..........:. ..................:.....:..............:....25 ................................. ARTICLE X-TRUSTEE, POWERS AND DUTIES 10.01 Acceptance .: .......:....:.................................:...:..............:.....:..:....:........................26 10.02 Receipt of Contributions ..................:. .................:.......................... 26 ...................... 10.03. Plan Investments .......................: ..........,...................,......:.......26 10.04 Change in Investment Direction .......................................:...:...............................27 10.05 Fund Gains and Expenses .............................................:....................... ....... .27 ..... 10.06 Investment Advisers .... ..... .................................:......................... ............27 .... 10.07 Liability of Fiduciary ...................................................................... ..................28 10.08 Regulated Investment Company Mutual Funds ....:...........:.....:.....:.......................28 10.09 .Trustee Powers and Duties : ............:..............:................ .................................30 10.10 Insurance Contracts ........................:......:...................................:......................... ................................ 10.11 City Treasurer as Trustee ...:................ .............:.............:.....30 -10.12 Records and Statements .......................................................................................30 10.13 Fees and Expenses From Fund .....:................:......................................................30 .......:.................:.................... 3 0 10.14 Parties to Litigation: ..............:............................... ................................................................:30 10.15 Professional Agents .....: ....................., ........:................................................ . 10.16 Distribution of Cash or Property .................31 ............................ 10.17 Distribution Directions .........:.................... ...:............:..............31 10.18 Third Party/Multiple Trustees ....: .........................................31 ................................ 10.19 Resignation ......:....................; ..... ............................:.............:..31 .................... ........ 10.20 Removal ....................................31 10.21 Interim Duties and Successor Trustee ....:......................................:31 10.22 Valuation of Trust .......................................g...':......:..~:................................:.32 10.23 Limitation on Liability _ If Investment Mans er Ancill Trustee or Independent Fiduciary Appointed ...........................:..............................:........32 .... 10.24 Investment in Group Trust Fund and Mutual Funds ...:............:.......... ...............32 .10.25 Appointment of Ancillary Trustee or Independent Fiduciary ...:.............................33 iii t c > r Vr. 3 TABLE OF CONTENTS (continued) PAGE ARTICLE XI-MISCELLANEOUS 11.01 Evidence ............................................................................................:.................. 34 11.02 No Responsibility For Employer Actiou .:............................................................. 34 11.03 Fiduciaries Not Insurers ........:.................................................................:...........: 34 11.04, Waiver of Notice ...................:.....................:..:..::..............:................................. 34 11.05 Successors ...................:........:.......................:...........:.:......:....::.........:................. 34 11.06 Word Usage ....:......:..:.......................................................... ....... .............. .... .... . . 34 11.07 State Law .................:.......:......:...................................:....................:................:. 34 11.08 Employment Not Guaranteed ............................................................................. 35 11.09 Qualified Military Service .................................................................................... 35 ARTICLE XlI-EXCLUSIVE BENEFIT, AMENDMENT, TERMINATION 12.01 Exclusive Benefit ..................:......:........... .... . . ....................................................... 36 12.02 Amendment by,Employer.: ....................:...............................:..:..........:..:......:..... 36 12.03 .Termination or Discontinuance of Plan :.:..........................................:................... 36 12.04. Merger/Direct Transfer ..:..............................................::..........:.................::......: 37 iv i , . i ip t] CITY OF BLAIR, NEBRASKA. CIVILIAN EMPLOYEES' PENSION PLAN AND TRUST AGREEMENT ' This Trust Agreement, made and entered into as of April 1, 1996; is hereby.. amended .and restated effective as of July 1, ..1997, except. as provided otherwise herein, by and between the City of Blair, Nebraska, a politicalsubdivision organized under the laws of the Stateof Nebraska, and the City Treasurer of the. City of Blair, :Nebraska (hereinafter referred to as the. "Trustee"). WITNES5ETH: The City of Blair, Nebraska, provides .within this .Trust Agreement, a Plan .for .the administration and distribution of contributions made by the Employer for the purpose of providing retirement benefits for eligible Employees. Now, therefore, in consideration of their mutual covenants, the Employer and the Trustee agree as follows: ARTICLE I DEFINITIONS 1.01 "Plan" means. the retirement plan maintained by the Employer in the form of this Agreement, designated as the City of Blair, Nebraska, Civilian Employees' Pension Plan. 1.02 "Employer" means. the City of Blair, Nebraska. 1.03 "Trustee".means .City Treasurer or any successor in office who in. writing accepts the pasition of Trustee.- 1.04"Plan .Administrator" is the City Clerk of the Employer unless the- Employer designates another person to hold the position of Plan. Administrator. 1.05 "Advisory Committee" means the Employer's Advisory Committee as from time to time constituted. 1.06 "Employee" means any civilian employee of the Employer who is employed .regularly scheduled to work 40 or more hours per week for the Employer: 1.07 `Participant" is an .Employee who is eligible to be and becomes a Participant. in accordance with the provisions of Article II. 4 t A i ~~ T~ 1.08 `Beneficiary" is a person designated by a Participant who is or may become entitled to a benefit under the Plan.. A Beneficiary who L•ecomes entitled to a benefit under the Plan remains a Beneficiary under the Plan until the Trustee has fully distributed. his benefit to him. A Beneficiary's right to (and the Plan Administrator's, the Advisory Committee's or a Trustee's duty to provide to the'Beneficiary) information~or data concerning the Plan does not arise until he first becomes entitled to receive a benefit under the Plan. 1.09 "Compensation" Any. reference in this Plan to Compensation is a reference to the definition in this Section 1.09, unless the Plan referencespecifies a modification to this definition. The Advisory Committee will take into account only Compensation actually paid for the relevant period. A'Gompensation payment includes Compensation paid by the Employer to an Employee through. another person under the common paymaster provisions of Code §§3121(5) and 3306(p). (A) General Definition of Compensation. All wages for federal income tax withholding purposes, as defined under Code §3401(a) (for purposes of income tax withholding at the source), disregarding any rules limiting the remuneration included as wages based on the nature or location of the employment or the services performed. (B) Definition of Compensation for Allocation Purposes. To determine a Participant's contribution allocation -under Section 3.04, Compensation means the general definition of Compensation described in Section 1.09(A), but excluding other expense allowances, fringe benefits (cash and noncash), moving expenses, deferred compensation and welfare benefits, including elective contributions, defined as amounts excludable from the Employee's gross income under Code §§ 125, 402(e)(3), 402(h) or 403(b), and contributed by the Employer, at the Employee's election, to a Code § 401(k) arrangement, a simplified employee pension, cafeteria plan, or tax-sheltered annuity, and including effective for any Plan Year beginning on or after July 1, 2001, any amount which is contributed or deferred at the election of the Employee and which is not includible in the gross income of the Employee by reason of Code § 132(fj(4). (C) Limitations on Compensation. The Advisory Committee must take into account no more Compensation than the Compensation Limitation prescribed by Code §401(a)(17). The Compensation Limitation is $160,000 (as adjusted in accordance with Code §401(a)(17)). The Compensation Limitation in .effect for any Plan .Year (or for 'any 12- month Compensation period) is the Compensation Limitation in effect at the beginning of that -Plan Year (or other 12-month period). For a Plan Year (or other Compensation measuring period) of less than 12 months, the Compensation Limitation is a prorated dollar amount, determined by multiplying the Compensation Limitation by a fraction equal to the number of months in the short period divided by 12. 1.10 "Account", means the separate account(s) which .the Advisory Committee or the Trustee maintains .for ~a Participant under the Plan. t 1 i r„ ii 1.11 "Accrued Benefit" means the amount standing in a Participant's Account(s) as of any date derived from both Employer contributions and Employee contributions, if any. 1.12 "Nonforfeitable" means a Participant's or Beneficiary's unconditional claim, legally enforceable against the Plan, to the Participant's Accrued Benefit. 1.13 "Plan Year" means the fiscal. year of the Plan, a 12 .consecutive :month period beginning every July 1~ and ending every Junc 30~'; rovided, however, effective January 1, 2002, "Plan Year" means the 12 consecutive: month period beginning every January 1~` and ending every December 31~; rovided, further, the period beginning July 1, 2001 and ending on December 31, 2001, shall be a short Plan Year. 1.14 "Effective Date" of this amended and restated Plan is July 1, 1997. 1:15 "Plan Entry Date" means the date an Employee becomes .eligible to participate in the Plan in accordance with Section 2.01. 1.16 "Accounting Date" is the last day of the Plan Year. Unless otherwise specified in the Plan, the Advisory Committee will make Plan allocations for all Participants as of the last day of each calendar quarter. ~ ' 1.17 "Trust" means the separate Trust created under the Plan. 1.18 "Trust Fund" means all property of every kind held or acquired by the Trustee under the Plan. 1..19 "Nontransferable Annuity" means an annuity which by its terms provides that it may not be sold, assigned, discounted, pledged as collateral for. a loan or security for the performance of an obligation or for any purpose to any person other than the insurance company. If the Plan distributes an annuity contract, the contract must be a Nontransferable Annuity. 1.20 "Code" means the Internal Revenue. Code of 1986 as amended. Reference to a section of the Code shall include that section and any comparable section or sections of any future legislation that amends, supplements, or supersedes said section. .1.21 "Service" means any period of time the Employee is in the employ of the Employer, including any period the Employee is on an unpaid leave of absence authorized by the Employer under a uniform, nondiscriminatory policy applicable to all Employees. `Separation from Service" means the Employee. no longer has an employment relationship with the .Employer maintaining this Plan. 1.22 "Hour of Service" means .each Hour of Service for. which the Employer, either directly or indirectly, pays an Employee, or for which the. Employee is entitled to payment, for the performance. of duties. The Advisory Committee credits Hours of Service under this paragraph (a) 3 1 Y i r r~ ty to the. Employee for the computation period in which the Employee performs the .duties, irrespective of when paid. The Employer will credit every Employee with Hours of Service on the basis of the "actual" method. For purposes of the Plan,: "actual" method means the determination of Hours of Service from records of hours worked and hours for which the Employer makes payment or for which payment is due from the Employer. 1.23. `Leased Employee". Effective for Plan Years beginning on or after July 1, 1997, a Leased Employee is an individual (who otherwise is not an Employee of the Employer) who, pursuant to a leasing agreement between the. Employer and any .other person, has performed services. for the Employer (or for the. Employer and any persons reiated to the Employer within the meaning of Code § 144(a)(3)) on a substantially full time basis for at least .one year provided such services are performed under the primary direction or control by the Employer. If a Leased Employee. is treated as an. Employee by reason of this Section 1.23, "Compensation" includes Compensation from the leasing organization which is attributable to services performed for the Employer.. 1.24 "Related Plan" :means .any other defined contribution plan (as defined in Code § 415(k)) maintained by-the Employer or by any other .corporation that is, along with the Employer, a member of a controlled group of corporations (as defined in Code § 415(h). z ~ ~ c ~~ t, ARTICLE II EMPLOYEE PARTICIPANTS 2.01 ELIGIBII.ITY. Each Employee becomes a Participant in the Plan on the first day. of the month (if employed on that date) coincident with or immediately following the later of his completion of 6-months of continuous employment with the Employer or his attainment of age 21. 2.02 PARTICIPATION UPON RE-E1V~LOYMENT. A former Participant whose employment with the Employer terminates will re-enter the Plan as a Participant on the first day of the month following the date of his re-employment , as an Employee. Any -Employee who terminates employment prior to satisfying. the Plan's eligibility conditions becomes a Participant in accordance with the provisions of Section 2.01. 2.03 EXCLUSION FROM PARTICIPATION. An Employee is an Excluded Employee if he is a member of a collective bargaining unit, unless the collective bargaining agreement provides otherwise. An Employee is a member of a collective bargaining unit, if he is included in a unit of employees covered by an agreement-which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers. if there is evidence that retirement benefits- were the .subject of good faith bargaining between such employee representatives and such employer or employers. The term "employee representatives" does not include an organization more than one half the members of which are owners, officers or executives of the Employer. Any person who is classified by the Employer, as a.Leased Employee or as an independent contractor (as determined under the Employer's employment. tax: records), or anemployee of an independent contractor shall be an Excluded Employee during the:. period of such classification. If a Participant has not incurred a Separation from Service .but. becomes an Excluded Employee, then during the period such a Participant is an Excluded Employee, the Advisory Committee will limit that Participant's sharing in the allocation of Employer contributions, if any, under the Plan. by disregarding his. Compensation. paid by the Employer for services rendered in his capacity as an Excluded Employee. However, during such period of exclusion, the Participant, without regard to employment classification, continues to receive credit for vesting under Article V for each included Year of Service -and the Participant's Account continues to share fully in Trust Fund allocations under Section 9.10. If an Excluded Employee who is not a Participant becomes eligible to participate in the Plan by reason of a change in employment classification, he will participate in the Plan immediately if he has satisfied the eligibility conditions of Section 2,01 and would have been a Participant had he not been an Excluded Employee during his period of Service. 2.04 -BREAK INSERVICE -PARTICIPATION. For purposes of participation in the Plan, the Plan does not apply any break in service rule. i. ~I 1 # ~ 1 2.05 ELECTION NOT TO PARTICIl'ATE. A Participant may make one-time irrevocable election to not participate in the Plan by filing a written election with the Plan Administrator not later than 30 days after meeting the eligibility requirements of Section 2.01. To participate in the Plan, a Participant must file a written election with the Plan Administrator not later than 30 days after meeting the eligibility requirements of Section 2.01, and such .written election shall designate the Employee Contribution as described in Section 3.04. 6 t ,~ ~i ARTICLE III EMPLOYEE CONTRIBUTIONS AND FORFEITURES 3.01 AMOUNT. For each Plan Year, the Employer will contribute to the Trust an amount equal to each Participant's Contribution Rate. The Employer will determine- its contribution by taking into account only the Participants who satisfy the conditions under Section 3..05 for an` allocation of Employer Contributions and only the Participant's Compensation taken into account under Section 3.05. The Employer contribution on behalf of a Participant. may not exceed the. Participant's annual additions limitation .described in t Section 3.06, even if the contribution formula otherwise would require a larger contribution:' The Employez intends the Plan to be a money purchase pension plan for all purposes of the Code. The Trustee, upon written .request from the Employer, must return to the. Employer the amount of the Employer's contribution made by the Employer by mistake of -fact, The Trustee . will not return any portion of the Employer's contribution under the provisions: of this paragraph more than one year after the Employer made the contribution by mistake of fact. The Trustee will not increase the amount of the Employer contribution returnable under this Section 3.01. for any .earnings attributable to the contribution, but .the Trustee will decrease the Employer contribution returnable for any losses attributable to it. The Trustee .may .require the Employer to furnish it whatever evidence the Trustee deems necessary to enable the Trustee to confirm the amount the Employer has requested be returned is properly returnable under the Code. 3.02 DETERMINATION OF CONTRIBUTION. The Employer, from its records, determines the amount of any contributions to be made by it to the Trust under the terms of the Plan. , 3.03 TIME OF PAYMENT OF CONTRIBUTION. The Employer may pay its contribution-for each Plan Year in one or more installments .without interest. The. Employer must make its contribution to the Plan within the. time prescribed by the Code or applicable. Treasury regulations. 3.04 CONTRIBUTION ALLOCATION. The Advisory Committee. will allocate and credit each Employer contribution, if any, to the Account of each Participant who satisfies the conditions of Section 3.05 in accordance with the contribution formula under this Section 3.04. Each Participant's Contribution Rate is the sum of 3%, 4%, 5% or 6% of each Participant's Compensation (as elected by the Participant in accordance with. Section 2.05) (the. "Employee Contribution") plus an equal percentage of each Participant's Compensation (the "Employer Contribution"). An Employee who elects to have. Employee Contributions made to the Plan will nod be able to change such election after it has been made.. The first portion of the Participant's Contribution Rate shall be deducted from Participants' .Compensation and, although designated as Employee Contributions, such contributions are being paid by the Employer in lieu of contributions by the Participant and shall be "picked-up" by .the Employer as described in Code Section 414(h). No Participant has the option of receiving the "picked-up" contributions instead of having them paid by the Employer to the Plan. 7 t ~ t 1 ~~ ~ti 3.05 ACCRUAL OF BENEFIT: The Advisory Committee will determine the accrual of benefit (Employer contributions) on the basis of the Plan Yeaz. In allocating an Employer contribution to a Participant's Account, the Advisory Committee will take into account only the Compensation determined for the portion of the Plan. Year in which the Employee actually is a Participant: 3.06 LIMITATIONS ON ALLOCATIONS TO PARTICIPANTS' ACCOUNTS. The amount of Annual Additions which the Advisory Committee may allocate under this Plan on a Participant's behalf for a Limitation Yeaz may not exceed the Maximum Permissible Amount. If the amount the Employer otherwise would contribute to the Participant's Account would cause the Annual Additions for the Limitation Year to .exceed .the Maximum Permissible Amount, the. Employer .will reduce the amount of its contribution so the Annual Additions for the Limitation Year will equal the Maximum Permissible Amount. (A) Estimation of Compensation. Prior to the determination of the Participant's actual Compensation for a Limitation Year, the Advisory Committee may determine the Maximum Permissible Amount on the basis of .the Participant's estimated annual Compensation .for such Limitation Year. The Advisory Committee must .make this determination on a reasonable and uniform basis for all Participants similazly situated. The Advisory Committee must .reduce any Employer contributions -based on estimated annual Compensation by any Excess Amounts cam~d over from prior years. As soon as is administratively feasible after the end of the Limitation Year, the Advisory Committee will determine the Maximum Permissible Amount .for such .Limitation .Year on the basis of the Participant's actual Compensation for such Limitation Year. (B) Disposition of Excess Amount. If there is an Excess Amount with respect to a Participant for a Limitation yeaz, the Advisory Committee- will dispose of such Excess Amount as follows: (1) The Advisory Committee will return any nondeductible voluntary Employee contributions to the Participant to the extent that the return would reduce the Excess Amount. (Z) If, after the application of pazagraph (1), an Excess Amount still exists, and the Plan covers the Participant at the end of the Limitation Year,- then the Advisory Committee will use the Excess Amount(s) to reduce future Employer contributions under the Plan for the next Limitation year and for each succeeding Limitation year, as is necessary, for the Participant. The Participant. may elect his Compensation for allocation purposes to the extent necessary to reduce his allocation for the Limitation Year to the Maximum Permissible Amount and eliminate the Excess Amount. (3) If, after the application pazagraph (1), an Excess Amount still exists, and the Plan does not cover the Participant at the end of the Limitation Year, then the Advisory Committee will hold .the Excess Amount unallocated in a suspense account. The Advisory Committee will apply the suspense account to reduce Employer- contributions (including s ,, ~. 'v allocation of forfeitures) for all remaining Participants in the next Limitation year, and in each succeeding Limitation Year, if necessary. (4) Except as provided in paragraph (1), the Advisory Committee will not distribute any Excess Amount(s) to Participants or to former Participants. (C) More Than One Plan. The Employer does not maintain and has never maintained a defined contribution plan covering a Participant in this Plan. Accordingly, no special coordination of limitations on Annual Additions is required. (D) Defined Benefit Plan Limitation. The Employer does not maintain and never has maintained a defined benefit plan covering any Participant in this Plan. Accordingly, no special defined benefitplan limitation applies under this Plan. 3.07 DEFINITIONS -ARTICLE III. For purposes of Article III, the .following terms mean: (A) "Annual Addition" -The sum of the following amounts, if any,. allocated on behalf of a Participant for a Limitation Year:. (i} all Employer contributions; (ii) all forfeitures; and, (ii) all Employee. contributions. Except to the extent provided in Treasury regulations, Annual Additions. include excess contributions described in Code §401(k) ,and excess aggregate contributions described in Code §401(m), irrespective of whether the Plan distributes or forfeits such excess amounts. Excess deferrals under Code, §402(8) aze not Annual Additions unless distributed after. the correction period described in-Code §402(8). Annual Additions also include Excess Amounts reapplied to reduce Employer contributions under Section 3.06. Amounts allocated to an individual medical account (as defined in Code §415(1)(2)) included as part of a defined benefit plan maintained by the Employer aze Annual Additions. Furthermore, Annual Additions include contributions attributable to post- retirement medical benefits allocated to the separate account'of a key employee (as defined in Code §419A(d)(3)) under a welfaze benefit fund (as defined in Code §419(e)) maintained by the Employer, but only for purposes of the dollar limitation applicable to the Maximum Permissible Amount. (B) "Compensation" -Compensation as. determined under the general definition of Compensation in Section 1.09(A); rop vided, however,- for Limitation. Years beginning. on and.after July 1, 1998, Compensation shall include elective deferrals (as defined in Code 402(8)(3)), any amount .which is contributed by the Employer at the electan of the Participant and. which is not includible. in the Participant's gross income by reason of Code §§ 125 or 457, and effective. for Limitation Years beginning on and after July 1, 2001, any amount which is contributed or deferred. at the election of the Participant and which is not includible in the Participant's gross income by reason of Code § 132(f)(4): , (C) "Maximum Permissible Amount" -The lesser. of (i) $30,000, as such limit may be adjusted for increases in costs of living in a:,cordance with Code § 415(d), or (ii) 25% of the Participant's Compensation for the Limitation Year.- If there. is a short Limitation. Year ~a t~ ~ [ 1 because of a change in Limitation Year, the. Advisory Committee will multiply the $30,000 (as adjusted) limitation by the following fraction: Number of months in the short Limitation Year 12 (D) "Employer" -The Employer that adopts this-Plan and any related employers. Solely for purposes of applying the limitations of this Article III, the Advisory Committee will determine related employers by modifying Code §~414(b) and (c) in accordance- with Code §415(h). (E) "Ezcess Amount" -The excess of .the Participant's. Annual Additions for the Limitation Year over the Maximum Permissible Amount. (F) "Limitation Year" -The Plan Year. If the Employer amends the Limitation Year to a different 12 consecutive month period, the new Limitation Year must begin on a date within the Limitation .Year for which the Employer makes the amendment, creating a short Limitation Year. (G) "Defined contribution plan" - A retirement plan which provides. for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants .which the plan may allocate to such participant's account. The AdvisoryCommittee must treat all defined contribution plans (whether or not terminated) maintained by the Employer as a single plan. Solely for purposes of the limitations of this Article III, the Advisory Committee will treat employee contributions made to a defined benefit plan maintained by the Employer as a separate defined contribution plan. The Advisory Committee also will treat as a defined contribution plan an individual medical account (as defined in Code §415(1)(2)) included as part of a defined benefit plan maintained by the Employer and a welfare benefit fund under Code §419(e) maintained by the Employer to the extent there are post-retirement medical benefits allocated to the separate account of a key employee (as defined in Code §419A(d)(3)). (H) "Defined benefit .plan" - A retirement plan which does nat provide for individual accounts for Employer contributions. The Advisory Committee must treat all defined benefit plans (whether or not terminated) maintained by the Employer as a single plan. 3.08- FORFEITITRES. The portion of any Participant's account balance that is forfeited shall be applied. as a credit for and used to reduce the current or future Employer Contributions as described in Section 3.04. io ,~ ,~ ~ro ARTICLE IV PARTICIPANT CONTRIBUTIONS 4.01 PARTICIPANT VOLUNTARY CONTRIBUTIONS. The .Plan .permits but does not require Participant voluntary contributions. A .Participant .may elect, from time to time, to make Participant voluntary contributions to the Plan in an .amount not. to exceed 5% of a Participant's Compensation. Participant voluntary contributions may be made in accordance with any payroll deduction plan the Employer makes available, or by such other payments as may be satisfactory to the .Employer and the .Trustee. Such Participant voluntary ~ contributions shall hereafter be held, administered, invested, and distributed in the same matmer as .any other amounts credited to the Participant's accounts under this Plan. 4.02 PARTICII"ANT ROLLOVER" CONTRIBUTIONS. Any Participant, with the Employer's written consent and after filing with the Trustee the form prescribed by-the Advisory Committee, may. contribute cash or other property to the Trust- other than as a .voluntary contribution if the contribution is a "rollover contribution".which the Code permits an employee to transfer either directly or indirectly from. one qualified plan to another qualified .plan. Before accepting a rollover contribution, the Trustee may require an Employee to fizrnish satisfactory .evidence that the proposed. transfer is in fact a "rollover contribution" which the Code permits an employee to make to a qualified plan. A rollover contribution is not an Annual Addition under Article III. The Trustee will invest the rollover contribution as part of the Trust ,Fund. An eligible Employee, prior to satisfying the Plan's eligibility conditions, may make a rollover contribution to the Trust to the same extent and in the same. manner as a Participant. If an Employee makes a .rollover contribution to the Trust prior to satisfying .the Plan's eligibility conditions, the Advisory Committee and Trustee must treat the Employee as ~. Participant for all purposes of the Plan except the Employee is not a Participant for purposes of sharing in Employer contributions or Participant forfeitures under the Plan until he actually becomes a Participant in the Plan in accordance with Article II. If the Employee has a Separation from Service prior to becoming aParticipant, the Trustee will distribute his rollover contribution Account to him as if it were an Employer contribution Account: .4.03. PARTICIPANT CONTRIBUTION - FORFEITABILITY. A Participant's voluntary contributions and/or. rollover contributions are at all times, 100% Nonforfeitable to the. extent of their value at any particular time. 4.04 PARTICIPANT__ CONTRIBUTION WITHDRAWAL/DISTRIBUTION. A Participant, by giving prior written notice to the Trustee, may withdraw all or any part of the value of his Participant voluntary contributions described in this Article. IV. ~ A Participant may not exercise his right to .withdraw the value of his Accrued Benefit .derived from his .Participant voluntary contributions more than once during .any Plan Year. The Trustee, in accordance with ' 11 ~~ ~} 1 T the direction of the Advisory Committee, will distribute a Participant's unwithdrawn Participant contributions in accordance with the provisions of Article VI. 4.05 PARTICIPANT CONTRIBUTION -ACCRUED BENEFIT. The Advisory. Committee must maintain a sepazate Account(s) in the name of each Participant to reflect the Participant's. Accrued .Benefit under the Plan derived from his Participant contributions. A Participant's Accrued Benefit derived from his Participant contributions as of any applicable date is the balance of his sepazate Participant contribution Account(s). 12 1 I ,~ PM ARTICLE V TERMINATION OF. SERVICE PARTICIPANT. VESTING. 5.01 NORMAL RETIREMENT AGE. A Participant's Normal Retirement Age is 65 years of age. A Participant's account balance derived from Employer contributions (other than "pick-up" contributions) is 100% Nonforfeitable upon and after his attaining Normal. Retirement Age (if employed by the Employer on or after that date). A Participant's account balance derived from Employer "pick-up" contributions is always 100% Nonforfeitable. 5.02 PARTICIPANT DISABILITY OR DEATH. If a Participant's employment with the Employer terminates as a result. of .death or total .disability, the Participant's total account balance will be 100% Nonforfeitable. A total disability means the total and permanent inability by reason of the physical or mental condition of the Participant to engage in any substantial gainful activity. Such disability must be expected to result in .death or to be of long, continued, and. indefinite duration, and the question whether such disability exists or not shall be established by certification of a physician selected by the Advisory Committee-and its determination shall be conclusive in all cases.. 5.03 VESTING SCHEDULE. Except as provided in Sections. 5.01 and 5.02 for-each full year of continuous employment in the service of the Employer (hereinafter "Year of Service"), a Participant's Nonforfeitable percentage of his account balance derived from Employer. contributions other than "pick-up" contributions equals the percentage in the. following vesting scheduler Years of Service With the Employer Less than 3 3 4 5 6 7 or more PercEnt of Nonforfeitable Accrued Benefit Nvne 20% 40% 60% 80% 100% 5.04 FORFEITURE OCCURS. A Participant's forfeiture, if any, of, his. account balance derived from Employer contributions (other than "pick-up" contributions) occurs under the .Plan on the earlier of: (A) The last day of the Plan Year in which the Participant terminates employment with the Employer; or 13 ~ ~ t I Y r ., '; (B)' The date the Participant receives acash-out distribution of his Nonforfeitable portion of his account balance. 14 ., a P ~. `r ARTICLE VI TIME AND METHOD OF PAYMENT OF BENEFITS , 6.01 TIME OF PAYMENT OF ACCRUED BENEFIT. The ,Advisory Committee will duect the Trustee to commence .distribution of a Participant's Nonforfeitable Accrued Benefit in accordance with this Article VI. (A) Required Beginning Date. A Participant's "Required Beginning Date" is the later of the April .1 following the close of he calendar year~in which-the Participant attains age 701/2, or the Plan Year in which the Participant terminates employment. (B) Normal Retirement. Upon the termination of the Participant's employment with the Employer on or after his attainment of his Normal .Retirement, Age, or by reason of his incurring total disability, the Participant shall be entitled to a distribution of his Participant Contribution Account(s) and his Employer .Contribution Accounts. If_the .Participant continues in the employ of the Employer beyond his Normal Retirement Age, distribution of his Participant Contribution Account(s) and Employer Participant Account(s) .shall be deferred until his actual termination date. Payment of the Participant's, benefits at retirement or upon incurring total disability shall. be in a lump sum, term certain, single life or joint and 50% spousal survivor annuity, or in a combination of such methods of payment as elected by the Advisory Committee after consultation with the Participant. Notwithstanding the preceding paragraph, no method. of payment providing for a guaranteed number of monthly payments shall be selected which would assure payments beyond the actuarial life expectancy of the Participant and his spouse determined on a joint and survivor basis and the value of any payment to a Participant shall be greater than fifty percent (50%) of the value of the Participant's accumulated account balances under the Plan, determined at -the commencement date of the Participant's annuity. Distribution(s) shall commence no later than 60 days after the end of the Plan Year in which the Participant attains Normal Retirement Age or terminates employment, if later. (C) Termination of Employment Prior to Normal Retirement. Upon the termination of the Participant's employment with the Employer prior to attaining his Normal Retirement Age, other than by reason of his death or total disability, the Participant's vested interest in the Participant's Contribution Account(s) and his Employer Contribution Account(s), shall be determined. The Participant may make a written request to the Advisory Committee for. distribution of an amount equal to all of his Nonforfeitable interest in his Participant Contributions. Account(s) and his Employer .Contribution Account(s) as specified in any.. method or methods described in Section 6.01(B). The Advisory Committee shall decide the time and manner of payment of benefits which shall commence no later than 60 days after the end of the Plan Year in which the Participant attains age 65. (D) Direct Rollover of Eligible Rollover .Distributions. AParticipant may elect, at-the time and in the manner prescribed by the Advisory Committee, to have any portion of his eligible rollover distribution .paid directly to an eligible retirement' plan specified by -the Participant, in a direct rollover designation. For purposes of this Section 6.01(D), a 15 ~~ t Y 4 r Participant includes a Participant's surviving spouse and the Participant's spouse or former. spouse who is an alternate payee under a qualified domestic relations order. The following definitions apply to this Section 6.01(D): (1) 'Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the Participant, except an eligible rollover distribution does not include: any distribution which. is one of a series of substantially equal periodic payments (not less frequently than annually). made for the life (or life expectancy) of the Participant or the joint lives (or joint life expectancies) of the Participant and the Participant's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent required under Code §401(a)(9); the portion of any distribution which is not includable in gross income; and efi'ective for distributions after December 31, 1998, any hazdship distribution described in Code § 401(k)(2)(B)(17(IV). (2) Eligible retirement plan. An eligible retirement plan is an individual retirement account. described in Code §408(a), an. individual retirement annuity described in Code §408(b), an annuity plan described in Code §403(a), or a qualified trust described in Code §401(a), which accepts the Participant's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving- spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) Direct rollover. A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee. 6.02 METHOD OF PAYMENT .OF ACCRUED BENEFIT. A Participant or Beneficiary may request distributionby payment in a single sum. (A) Minimum Distribution Requirements for: Participants. The Advisory Committee may not direct the Trustee to distribute the Participant's Nonforfeitable account balance under a method of payment which, as of the Required Beginning Date, does not satisfy the minimum distribution requirements under Code §401(a)(9) and the applicable Treasury regulations. The: minimum distribution for a calendar year equals the Participant's Nonforfeitable Accrued Benefit as of the latest valuation date preceding the beginning of the calendaz yeaz di~rided by the Participant's life expectancy or, if applicable, the joint and last survivor expectancy of the Participant and his .designated .Beneficiary (as determined under Article VIII, subject to the requirements of the Code §401(a)(9) regulations). The Advisory Committee will increase the Participant's Nonforfeitable Accrued Benefit, as determined on the relevant valuation date, for contributions or forfeitures allocated after the valuation date and by December 31 of the valuation calendar year, and will decrease. the valuation by distributions made after the valuation date and by December 31 of the valuation calendar yeaz. For purposes of this valuation, the Advisory Committee will treat any portion of the minimum distribution for the first distribution calendar yeaz made after the close of that year as a distribution occurring in that first distribution calendar year. In computing a minimum distribution, the Advisory Committee must use the unisex life expectancy multiples under 16 s , ~ . ~. ".~ Treas. Reg. § 1.72-9. The Advisory Committee will not compute the minimum distribution for a calendar year subsequent to the first calendar year for which the Plan requires a minimum distribution by redetermining the applicable life expectancy. If the Participant's .spouse is not his designated Beneficiary, a method of payment to the Participant elected by the Advisory Committee) may not provide more than incidental benefits to the Beneficiary. The Plan must satisfy the minimum distribution incidental benefit ("MOTH") requirement in the Treasury regulations issued under Code §401(a)(9) for distributions made on or after the Participant's' Ijequired Beginning. Date and before the Participant's death. To satisfy the NIDIB requirement, the Advisory Committee will compute the minimum distribution required. by this Section. 6.02(A) by substituting the applicable MDIB divisor for the applicable life expectancy factor, if ,the N1DIB~ divisor is a lesser number. Following the. Participant's death, the Advisory Committee will compute the minimum distribution required by this Section 6.02(A) solely on the basis of the applicable life expectancy factor and will disregard the 1VIDIB factor. The Advisory Committee must determine whether benefits to the Beneficiary are incidental as of the date the Trustee is to commence payment. of the retirement benefits to the Participant, or ,as of .any date the Trustee redetermnnes the payment period to the Participant. The minimum distribution for the first distribution .calendar year is . due by the Participant's Required Beginning Date. The minimum distribution for each subsequent distribution calendar year, including the calendar year in which the Participant's Required Beginning Date falls, is due by December 31 of that year. If the Participant receives distribution in the form of a Nontransferable Annuity Contract, the distribution satisfies this Section 6.02(A) if the contract complies with the requirements of Code §401(a)(9) and the applicable Treasury regulations. (B) .Minimum Distribution Requirements for Beneficiaries. The method of distribution to the Participant's Beneficiary must satisfy Code §401(a)(9) and the applicable Treasury regulations. If the Participant's. death occurs after his Required Beginning Date or, if earlier, the. date the Participant commences an irrevocable annuity, the method of payment to the Beneficiary must provide for completion of payment over a period which does not exceed the payment period which had commenced for the Participant. Tf the Participant's death occurs prior to his Required Beginning Date, and the Participant had not commenced an irrevocable annuity, the payment to the Beneficiary must be completed to the Beneficiary over a period not exceeding 5 years after the date of the Participant's death. The Advisory Committee may direct the Trustee to accelerate payment of all or any portion, of the Participant's unpaid account balance. (C) Minimum Distribution Requirements On Or After January 1, 2001. With respect to distributions from the Plan made for calendar years beginning on or after January 1, 2001; the Plan will apply the minimum distribution requirements of Code § 401(a)(9):in accordance with the regulations under Code § 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. This Section 17 ~ { } L 6.02(c) shall continue in effect until .the .end of the last calendar year beginning before the effective. date of final regulations under Code § 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. 6.03 DISTRIBUTIONS UNDER DOMESTIC RELATIONS ORDERS. Nothing contained in this Plan prevents the Trustee, in accordance with the direction of the Advisory Committee, from complying with the provisions of a qualified domestic relations order (as defined in Code §414(p)). This Plan, specifically .permits distribution to an alternate payee under a qualified domestic relations order at any time, irrespective of whether the Participant has attained his earliest retirement age (as defined under Code §414(p) under .the Plan).. A distribution to an alternate payee prior to the Participant's attainment of earliest retirement age is available only if the ,.order specifies distribution at that time or permits an agreement between the Plan and the alternate payee to authorize an earlier distribution. Nothing in this Section 6.03. gives a Participant a right to receive distribution at a time otherwise not permitted under the Plan nor does it permit the alternate payee to receive a form of payment not .otherwise permitted under the Plan. The Advisory Committee must establish reasonable procedures to determine the qualified status. of a domestic relations order. Upon receiving a domestic relations order, the. Advisory Committee promptly will notify the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Advisory Committee must' determine the qualified status of the order and must notify the Participant and each- alternate payee, in writing, of its determination. The Advisory Committee must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order. If any portion of the Participant's Nonforfeitable Accrued Benefit is payable during the period the Advisory Committee is making its determination of the qualified status of the domestic relations order, the Advisory Committee must make a separate accounting of the amounts payable. If the Advisory Committee determines the order is a qualified domestic relations. order within 18 months of the date amounts first are payable fohowing receipt of the order, the Advisory Committee will direct the Trustee to distribute the payable amounts in accordance with the order. If the Advisory Committee does not make its determination of the qualified status of the order within the 18 month determination period, the Advisory Committee will direct the Trustee to distribute the payable amounts in the manner the Plan would distribute if the order did not exist .and will. apply .the .order prospectively if the Advisory Committee later .determines the order is a qualified domestic relations order. To the .extent it is not inconsistent with the provisions of the qualified domestic relations order, the Advisory Committee may direct the Trustee to invest any partitioned amount in a segregated subaccount or separate account and to ..invest the account in Federally insured, interest-bearing savings account(s) or time deposit(s) (or a combination of both), or in other fixed income investments. A segregated subaccount remains a-part of the Trust, but it alone shares. in any income it earns, and it alone bears any expense or loss it incurs. The Trustee will make any 18 } ' ~ ; ~A ~ payments or distributions required under this Section. -6:03 by .separate benefit checks or other separate distribution to the alternate payee(s). ~~ 19 } . ARTICLE VII EMPLOYER ADMINISTRATIVE.PROVISIONS 7.01 INFORMATION TO COMMITTEE. The Employer must supply current information to the Advisory Committee as to the name, date of birth, date of employment, annual compensation, leaves of absence, Yeazs of Service and date of termination of employment of each Employee who is, or who will be eligible to become, a Participant under the Plan, together with any other information which the Advisory Committee .considers necessary. The Employer's records as to the current- information the Employer furnishes to the Advisory Committee aze conclusive as to all persons. 7.02 NO LIABILITY. The Employer assumes no obligation or responsibility to any of its Employees, Participants or Beneficiaries for any act of, or failure to act, on. the part of its Advisory Committee (unless the Employer is the Advisory Committee), the Trustee or the Plan Administrator (unless the Employer is the Plan Administrator). 7.03 INDEMNITY OF CERTAIN FIDUCIARIES. The Employer indemnifies and saves harmless the Plan Administrator and the members of the Advisory Committee, and. each of them, -from and against any and all loss resulting from liability to which the Plan Adrinistrator and the Advisory Committee,: or the members of the Advisory Committee, maybe subjected by reason of any act or conduct (except willful misconduct or gross negligence) in their official capacities in the administration of this Trust or Plan or both, including all expenses reasonably incurred in their defense, in case the Employer fails to provide such defense. Furthermore, the Plan Administrator and the Advisory Committee members and the Employer may execute a letter agreement further delineating the indemnification agreement of this Section 7.03. The indemnification provisions of this Section 7.03 extend to the Trustee solely. to the- extent provided by a -letter agreement executed by the Trustee and the Employer. 7.04 EMPLOYER/PARTICIPANT DIRECTION OF INVESTMENT. The Employer has the right to direct the- Trustee with respect to the investment and re-investment of assets comprising the Trust Fund only if the Trustee consents in writing to permit such direction.. If the Trustee consents to Employer direction of investment, the Trustee and the Employer must execute a letter agreement as a part of this Plan containing such conditions,. limitations and other provisions they -deem appropriate- before the Trustee will .follow any Employer direction as respects the investment or re-investment of any part of the Trust Fund. Effective September 1, 2001, Participants aze .permitted. the right to direct the investment and reinvestment of their .Participant accounts pursuant to the procedures and rules of Section 10.03; rop vided, however, the Trustee. and the Employer must execute a letter agreement as a part of this Plan containing such conditions, limitations and other provisions they deem appropriate before the Trustee will follow. any .Participant directions as respects the investment or re-investment of any part of the Trust Fund. 20 ,, ,, *s ~~ ARTICLE VIII- ' PARTICIPANT ADMINISTRATIVE PROVISIONS 8.01 BENEFICIARY DESIGNATION. Any Participant may from time to time designate in writing, any person or persons, contingently or successively, to. whom the Trustee will pay his Nonforfeitable Accrued Benefit (including any life insurance proceeds payable to the Participant's Account) in the event of his death .and the Participant may designate the form and method of payment. _ The Advisory Committee will prescribe the form for the. written designation of Beneficiary and, upon the Participant's filing the form :with the Advisory Committee, the form effectively revokes all designations filed prior to that~date by the same Participant. 8.02 NO BENEFICIARY DESIGNATION/DEATH OF BENEFICIARY. If a Participant fails to name a Beneficiary. in accordance with Section 8.01, or if the Beneficiary named by a Participant predeceases him,- then the Trustee will pay the Participant's Nonforfeitable account balance in accordance with Section 6.02 in the following order of priority to: (A) The Participant's surviving spouse; (B) The Participant's surviving children, including adopted children, in equal shares; (C) The Participant's surviving parents, in equal shares; or (D) The Participant's estate. For purposes of Sections 8.01 and 8.02, a Participant's "Designated Beneficiary" shall be the Beneficiary. or Beneficiaries determined above, except that a Participant's estate shall never be considered a Designated Beneficiary.. A trust may be named as a Designated Beneficiary if the trust designated to receive .distributions from the Plan benefits specific individuals and satisfies all of the following requirements as of the later of the date on which the .trust is named as Beneficiary or the date that distributions must commence from the Plan: (A) The trust is a valid trust under state law; (B) The trust is irrevocable or will, by its terms, become irrevocable upon the Participant's death; (C) The beneficiaries of the trust who will benefit from the distributions made by the Plan are identifiable from the trust instrument; and (D) A copy of the trust instrument and all amendments thereto is provided to the Plan Administrator or Advisory Committee or the Participant (or trustee of the trust; if the Participant is deceased) provides such documentation as may be required under the Income Tax Regulations to Code §401(a)(9) to determine zi i~ °~ ~ Y y 1 the beneficiaries of the trust and a description of the conditions of their entitlement to benefits. If the Beneficiary dOES not predecease the Participant, but dies prior to distribution of the Participant's entire Nonforfeitable account balance, the. Trustee will pay the remaining account balance to the Beneficiary's estate unless the Participant's Beneficiary designation provides otherwise. The Advisory Committee will direct the Trustee as to the method and to whom the Trustee will make payment. under this Section 8.02. 8.03. PERSONAL .DATA TO COMMITTEE. ~ach Participant and each Beneficiary of a deceased Participant must fizrnish to the Advisory. Committee such evidence, data or information as the Advisory Committee considers necessary or desirable for the,purpose of administering the Plan: The ,provisions -of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly full, true and complete evidence, data and information when requested by the Advisory Committee, provided the Advisory Committee advises each Participant of the effect of his failure to comply. with its request. 8.04 ADDRESS FOR NOTIFICATION. Each Participant. and each Beneficiary of a deceased Participant must file with the Advisory Committee from time to time, in writing, his post office address .and any change of post office address. Any .communication, statement or notice addressed to a Participant, or Beneficiary, at his last post office address filed with the Advisory Committee, or as shown on'the records of the Employer binds the Participant, or Beneficiary, for. all purposes of this Plan. 8.05 ASSIGNMENT OR ALIENATION. Subject to Code §414(p) relating to qualified domestic relations- orders and to Code § 6331 relating to tax levies, neither _ a Participant nor a Beneficiary may anticipate, assign or alienate (either at law. or in equity) any benefit provided under the Plan, and the;Trustee will not recognize any such anticipation, assignment or alienation. Furthermore; a benefit under the Plan is not subject to attachment, garnishment, levy, execution or other legal or equitable process. 22 . } ~ ~ > + 7 ARTICLE lX ADVISORY COMMITTEE -DUTIES WITH RESPECT TO PARTICIPANTS' ACCOUNTS 9.01 MEMBERS' COMPENSATION EXPENSES.. The ..Employer may appoint an Advisory Committee to administer the Plan, the members of which may or may not be Participants in the Plan, or which may be the Plan Administrator acting alone.- In the absence of an Advisory Committee appointment, the Plan Administrator assumes the powers, duties and responsibilities of the Advisory Committee. The members of the ..Advisory .Committee will serve without compensation for services as such, but the Employer. will pay au expenses of .the Advisory Committee, except to the extent the Trust properly pays for such expenses, pursuant to Article X. 9.02 TERM: Each member of the. Advisory Committee serves until the appointment of his successor. 9.03 POWERS. In case of a vacancy in the membership of the. Advisory Committee, the remaining members of the Advisory Committee may exercise any and all of the .powers, authority, duties and discretion conferred upon the Advisory Committee- pending the Milling of the vacancy. 9.04 GENERAL. The Advisory Committee has the following powers and duties: (A) To select a Secretary, who need not be a member of the Advisory Committee; (B) To determine the rights of eligibility of an Employee to participate in the Plan, and the value of a Participant's Accrued Benefit; (C) To determine all questions of fact as to age, Years of Service, Compensation, termination of employment, Normal Retirement Dates,. and similar items -based upon records made available by the Employer; to certify such facts to the Trustee; and to determine .any other facts which. may be necessary for the Trustee properly to carry out the terms of the Plan and Trust; (D) To -adopt rules of procedure and regulations necessary for the proper andefficient administration of the Plan provided the rules are not inconsistent with the terms of this Plan and Trust; (E) To interpret and construe, in its discretionary. authority, and to enforce the terms of the Plan and the rules and regulations it adopts, and determine all questions arising in the interpretation and application of the Plan, and all such .determinations shall. be conclusive and binding on all persons, subject, however, to thF.; provisions of the Code; (F) To direct the Trustee as respects the crediting and distribution of the. Trust; 23 •~ (G) To review and render decisions respecting a claim for (or denial of a claim for) a benefit under the Plan; (H) To furnish the Employer with information which the Employer may require for tax or other purposes; (I) To engage the service of agents whom it may deem advisable to assist- it with the performance of its duties; (J) To engage the services of an Investment Manager or Managers, each of whom will have full. power and authority to manage, acquire or dispose (or direct the Trustee with respect to acquisition or disposition) of any Plan asset under its control; (K) To establish, in its sole discretion, a nondiscriminatory policy which the .Trustee must observe in making loans, if any, to Participants and Beneficiaries; and (L) To establish and, maintain a funding standard account and to make credits and charges to the account to the extent required by and in accordance with the provisions of the .Code The Advisory Committee must exercise all of its powers, duties and discretion under the Plan in a uniform and nondiscriminatory manner. The Committee. is authorized to employ investment counsel, attorneys, accountants, and such other persons as it shall deem necessary or desirable to fulfill its responsibilities hereunder. 9.05 MANNER OF ACTION. The decision of a majority of the members of the Advisory Committee appointed and qualified controls. 9.06 AUTHORIZED REPRESENTATIVE. The Advisory Committee may authorize any one of its members; or .its Secretary, to sign on its behalf any notices, directions, applications, certificates, consents, approvals, .waivers, letters or other documents. The. Advisory Committee must evidence this authority by an instrument signed by all members and filed with the Trustee. 9.07 INTERESTED MEMBER No member of the Advisory Committee may decide or determine any matter concerning the distribution, nature or method of settlement of his own benefits under the Plan, except in exercising an election available to that member in his capacity as a .Participant, unless ~ the Plan Administrator is acting alone in the capacity of the Advisory Committee.. .9.08 INDIVIDUAL ACCOUNTS. The Advisory Committee will maintain, or direct the Trustee to maintain, a separate Account, or multiple Accounts, in the name, of each Participant to reflect the Participant's Accrued Benefit-under the Plan. The Advisory Committee will make its allocations, or request the Trustee to make its allocations, to the Accounts of the Participants in accordance with the provisions of Section 9..10. The Advisory Committee may direct the Trustee. 24 r ~a e ~ b to maintain a temporary segregated investment Account in the name of a Participant to prevent a distortion of income, gain or loss allocations under Section 9.10. The Advisory' Committee must` maintain records of its activities. 9.09 VALUE OF PARTICIPANT'S ACCRUED BENEFIT. The value of .each Participant's Accrued Benefit consists of that proportion of the net worth (at fair market value) of the Employer's Trust Fund which the net credit balance in his Account (exclusive of the. cash value of incidental benefit insurance contracts)- bears to the total. net credit balance in the Accounts (exclusive of the cash -value of the incidental benefit insurance contracts) of all Participants plus the cash surrender value of any incidental benefit insurance contracts, if any, held by the Trustee on the Participant's life. 9.10 ALLOCATION AND DISTRIBUTION OF NET INCOME GAIN OR LOSS. A "valuation date" under this Plan is each Accounting Date and each interim valuation date determined under Section 10.22. As of each valuation date, the Advisory Committee must adjust Accounts to reflect net income, gain or loss since the last valuation date. The valuation period is the period beginning the day after the last valuation date and ending on the current valuation date. The Advisory Committee first will adjust the Participant Accounts, as those Accounts stood at the beginning of the current valuation period, by reducing .the Accounts for any amounts charged during the valuation period to the Accounts in accordance with Section 9.12 (relating to distributions) and for-the cash value of incidental benefit insurance contracts, if applicable.. The Advisory Committee then will .allocate :the net income, -gain or loss pro rata to .the adjusted Participant Accounts. The allocable. net income, gain or .loss is the net income (or net loss), including the increase or decrease in the fair market value of assets, since the last valuation date. An Excess Amount or suspense account described. in Article III does not .share in the allocation of net .income, gain or loss described in this. Section 9.10. This Section 9.10. applies solely to the allocation of net income, gain or loss of the Trust. The Advisory Committee will allocate the Employer contributions and Participant forfeitures, if any, in accordance with Article III. 9.11 INDIVIDUAL STATEMENT. As soon as practicable after the Accounting Date (or at such other times as determined by the Advisory Committee) of each Plan Year, the Advisory Committee will deliver to each Participant (and to each Beneficiary) a .statement reflecting, the condition of his account balances in the Trust as of that date. No Participant, except a member of the Advisory Committee, has the right to inspect the records reflecting the Account of any other Participant. 9.12 ACCOUNT CHARGED. The Advisory Committee may charge a Participant's Account for all distributions made from that Account to the Participant, to his Beneficiary or to an .alternate payee. The Advisory Committee also will charge a Participant's. Account for any administrative, .investment, brokerage, record keeping, or any other. expenses incurred by the Plan directly related to that Account. ZS ~i ,~ ~ t ARTICLE X TRUSTEE, POWERS AND DUTIES 10.01 ACCEPTANCE. The Trustee accepts the Trust created under the Plan and agrees to perform the obligations imposed. Except as otherwise provided in this Plan, all contributions paid to the Trustee, including all .income or other property derived therefrom, shall be held and administered by the. Trustee as a single trust fund designated as the Trust Fund. i 10.02 RECEIPT OF CONTRIBUTIONS: The Trustee is accountable to the Employer for the funds contributed to it by the Employer, but does not :have any duty to see that the contributions received comply with the provisions of the Plan. The Trustee is not obliged to collect any contributions from the Employer, nor is obliged to see that funds deposited with it are deposited according to the provisions of the Plan. -10.03 PLAN INVESTMENTS. Effective September 1, 2001, the Trustee, as directed by the Advisory Committee, shall cause to be established and maintain at least five (5) funds for the investment of all Trust funds as follows: (A) ~ an Equity Fund, in which sums received for investment in such fund shall be invested in a diversified portfolio or portfolios of common stocks, or securities convertible into common stocks, with a view to both income and opportunity of growth in principal value; (B) a Bond Fund, in which sums received for investment in such fund shall be invested in a diversified portfolio, or portfolios of interest bearing bonds, commercial .paper, bankers' acceptances, or debt securities; (C) a Short-Term Interest Fund in which sums received for investment in such fund shall be invested in a diversified portfolio or portfolios of short-term interest bearing notes, commercial paper or deposits, including certificates of deposit, bankers' acceptances, repurchase agreements, and other similar interest-bearing or fn~ed-income investments; (D) a Diversified Fund in which sums received for investment in such fund. shall be invested in a diversified portfolio or portfolios of both equity and interest-bearing securities, including stocks, bonds, mortgages, money mazket funds, fixed-income securities, .and arty other investment medium as the Trustee may deem advisable from time to time; and (E) an International Fund in which sums received for. investment in such fund shall. be invested in a diversified portfolio or portfolios of both equity and interest-bearing securities, including stocks and bonds and money. mazket instruments, on a global basis, with an objective of long-term capital growth and current income. The foregoing finds shall be maintained and administered solely by the Trustee, and investments or reinvestments of each Fund shall be made. by the Trustee without distinction between principal and income. The Trustee shall invest and administer such Funds in accordance with the investment guidelines for each -Fund, but shall otherwise be authorized to invest in such particular investments, 26 • [ • y within the United States, as the Trustee may deem advisable,. provided such investments aze authorized for trustees under the. laws of the State of Nebraska. The Funds. may be invested wholly or partly through (i) .the purchase of shares in a mutual fund or funds; or (ii} the medium of any .common,, collective, or commingled trust fund maintained by a bank or other financial institution (including the Trustee) and which is qualified under Cade §§401(a) and 501(a), to constitute a part of this Plan and Trust. The Trustee may, in its discretion, hold in cash such portion of any Fund as shall be reasonable under the circumstances, .pending investment or payment of expenses or .distribution of benefits, without liability for interest; or, in the alternative, all of sugh temporary cash positions may be held in interest-bearing deposits of any bank or financial institution (to include the Trustee). 10.04 CHANGE IN INVESTIVIENT DIRECTION. Subject. to such reasonable and. non- discriminatory rules, limits, and procedures as the Trustee and Employer may establish, .each Participant shall determine the manner in which contributions allocated tohis Plan accounts, including all earnings and gains thereon, are: to be .invested and reinvested among the Funds established in Section 10.03, by providing specific written. directions to the Advisory Committee and Trustee in the manner required by the Advisory Committee. Such investment direction shall specify the percentage (in multiples of 5 percent) of all contributions. which are made on the Participant's behalf under the Plan that shall be invested in the Funds, or any. single Fund. Unless an efi'ective investment is made by the Participant, all Plan. accounts for such Participant shall be invested in the Short-Term Interest Fund. Any investment direction given. by a Participant. shall be deemed a continuing direction until changed. A Participant may change an investment direction as to future contributions, as of July 1, October 1, January 1 or April 1 (the "Change Date") of any Plan Year, by filing a written notice of such change in investment direction with the Advisory Committee at least thirty (30) days prior to. the Change Date. A Participant may also .direct as of such Change Date that. all, or any multiple.of 5 percent, of his interest in one. or more of the Funds be liquidated and the proceeds thereof transferred to another Fund or Funds, in one lump .sum, as of any Change Date, provided such direction is given in writing to the Advisory Committee at least thirty (30) days prior to the Change Date. All Fund liquidations shall be based upon the Fund valuations as of the valuation date immediately preceding the Change Date. 10.05 FUND GAINS AND EXPENSES. All dividends, gains, income, interest, and distributions of every nature received in respect of the assets held by a particular Fund shall be credited .solely to such Fund and shall be reinvested in the investment assets of the Fund from which the earnings were derived. All losses attributable to a Fund shall be debited to such Fund alone, and shall accordingly be borne by and payable proportionately from those Participant accounts which are. invested in such Fund. Unless-paid by the Employer, the expenses of a particulaz Fund, such as commissions, transfer taxes, management fees, and other related investment expenses, shall be charged and debited to such Fund. 10.06 INVESTMENT ADVISERS. The Employer shall have the power toy appoint or remove one or more investment advisers and to delegate to such adviser authority and discretion to manage the assets of the Trust Fund or of any Fund established pursuant to Section 10.03; provided that (i) such adviser is either a bank, an insurance company, or a registered investment adviser under the Investment 27 ~ ! 01 } ~ ~Y Advisers Act of 1940 and- shall acknowledge in writing that it is a fiduciary to the Plan; and (ii) the Employer. shall periodically review the investment performance and methods of each such adviser. 10.07. LIABILI'T'Y OF FIDUCIARY. No person who is a fiduciary to this Plan, including the Trustee, shall be liable hereunder for .any loss,. or by reason of any breach, which results from a Participant's direction that his Plan accounts be invested in the Funds established hereunder. 10.08 REGULATED INVESTMENT COARPANY MUTUAL FUNDS. 1Votwithstanding the provisions of Section 10.04 above, the Employer may direct that any or all of the Funds established under Section .10.04 consist of one or .more mutual fipids sponsored by a regulated investment company selected by the Advisory Committee, and approved by the City Council. In the event such mutual funds -are selected by the Advisory Committee, and approved by the City Council, the Trustee shall not be liable for any loss, or by reason of any breach, associated or,in any way connected with the selection and retention of any mutual fund as an investment medium for the Plan. 10.09 TRUSTEE POWERS AND DUT~S. The Trustee shall act as official custodian of the cash, .securities, and other assets of the Trust Fund not in the custody of the financial institution under contract to invest the Trust Fund or under agreement to safekeep .Plan assets, including any investment funds established pursuant to Section 10.04, and shall provide or make arrangements for adequate safe deposit facilities for the preservation of such assets subject to the direction of the Advisory Committee, and. shall receive. all contributions made to the Plan and provide for all transfers of cash and money necessary for investment of the Trust Fund; row, however, the payment of any money to Participants, beneficiaries, or for the expenses of the Plan shall be payable only upon the direction of the Trustee and all deposit and withdrawal agreements with outside financial institutions handling Plan assets shall require that Plan assets and moneys may be withdrawn only. upon the direction of the Trustee. The .Trustee shall keep and maintain adequate records of the investments of the Trust Fund and shall beresponsible for maintaining the Participant Accounts. The Trustee shall, to the extent required, by the Employer or Advisory Committee, furnish a surety bond payable to the Plan and/or Employer in such amount as may be acceptable to the Employer insuring his/her duties and responsibilities hereunder. The cost of any such bond shall be paid by the Employer. In addition to the preceding provisions of this Section 10.09, the Trustee. shall have the following powers,. rights, and duties: (A) To purchase or subscribe for any securities or other property and to retain the same in trust. (B) To sell,. exchange, convey, .transfer or .otherwise dispose of any securities or other property held by the Trustee, by private contract or at public auction. loo person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire urto the validity, expediency, or propriety. of any such sale or other disposition. (C) To vote any stocks, bonds or other securities; to give general or special proxies or powers of attorney. with or without power of substitution; to exercise any conversion privileges, subscription rights or other options, and to make any payments incidental thereto; to oppose or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate. securities; to -pay any assessments or charges in connection therewith; and generally to exer- 28 rp r cise any of the powers of an-owner with. respect to stocks, bonds, securities or other property held as part of the Trust Fund. (D) To cause any securities or other .property held as part of the Trust Fund, to be registered in the name of the Trustee or in the name of the Trustee's nominee. (E) To borrow or raise money for the purpose of .the Trust in such. amount, and upon: such terms and. conditions as the Trustee shall deem advisable; for any sums so borrowed, , to .issue its promissory note as Trustee; to secure the .repayment thereof by pledging all, or any part, of the Trust Fund; and no person lending money to the Trustee shall be bound to see to the application of the money loaned or to inquire into the validity, expediency.. or propriety of any such borrowing. (F) To make, execute, acknowledge and deliver any and all deeds, assignments, conveyances, and any and all other instruments that. -may be necessary or appropriate to .carry out the powers herein granted. (G) To settle, compromise, abandon, ~r submit to arbitration, any claims, debts, or damages due or owing to, or from, the Trust Fund; to commence or defend suits or legal or administrative. proceedings; and to represent the Trust Fund in all suits, legal and administrative proceedings. (f~ To employ suitable agents and counsel (who may be counsel to the. Employer), and pay their reasonable expenses and compensation. (I) To make, or cause to be made, proper application for any Insurance Conracts to be purchased as .herein provided, to purchase such Contracts, to hold all such Contracts in trust pursuant to the terms of this Trust. (J) With respect to the Contracts held for the benefit of Participants hereunder, to sell or assign such Contracts, to receive all dividends thereon, to surrender such Contracts for cash, to change and successively change the Beneficiary or Beneficiaries named in such Contracts, to designate methods of payment and distribution or settlement of the proceeds and values thereof; to convert Contracts from one form to another, and otherwise to exercise all the rights and privileges of ownership of such Contracts. (K) In the. event the assets of the Trust Fund shall be insufficient to pay the premiums due, to borrow proportionately against. the loan values of Contracts held for the benefit of Participants hereunder in order to pay such premiums. (L) To do all .such acts, take. ail such proceedings, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may ~ deem 29 ~ ~ a~ necessary to administer the Trust Fund and to carry out the purposes of this ' Trust. 10. ~ 0 INSURANCE CONTRACTS. In no event shall the Employer, the Advisory Committee, the Plan, the Trustee, or the City Council, and their respective members, officers and employees, or any other person, be responsible for the validity of any insurance or anrnuty corract which may be held as ,part of the Pension- Fund or which is purchased by the Plan and distributed to a Participant as benefiaary to provide benefits hereunder, or for the failure on the part of any insurer to make payments or provide benefits under any such contract, or for any inability to perform. or for any delay in performing, any act occasioned by any restriction or provision of any insurance or annuity contract or by the insurer or any other person or entity. 10.11 'CITY TREASURER AS TRUSTEE. The duly elected or appointed City Treasurer shall serve as the Trustee of the Plan at all times. In the event of the election or appoirrtment of another personas City Treasurer, such person shall automatically succeed to the office of Trustee as of the date he or she takes office, and the prior City Treasurer shall thereupon be discharged and removed as Trustee. 10.12 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Plan must be open to the inspection of the Plan Administrator, Advisory Committee and the Employer at all reasonable times and may be audited from time to time by any person or persons as the Employer, Plan Administrator or Advisory Committee may specify in writing. The Trustee must furnish the Plan Administrator or Advisory Committee with whatever information relating to the Trust Fund the Plan Administrator or Advisory Committee considers necessary. .10.13 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual compensation as maybe agreed upon from time to time between the Employer and the Trustee. No person-who is receiving full pay from the Employer may receive compensation for services as Trustee. The Trustee may pay from the Trust Fund all fees and expenses reasonably incurred by the Plan, to the extent such fees and expenses are for the ordinary and necessary administration and operation of the Plan, .unless the Employer pays the fees and expenses. Any fee or expense paid, directly or indirectly, by the Employer is not an Employer contribution to the Plan, provided the fee or expense relates to the ordinary and necessary administration of the Fund. 10.14 PARTIES TO LITIGATION. Unless otherwise required by -law, no Participant or Beneficiary is a necessary party or is required to receive notice of process in any court proceeding involving the Plan, the Trust Fund or any fiduciary of the Plan.- Any final judgment entered in any proceeding will be conclusive upon the Employer, the Plan Administrator, the Advisory Committee, the Trustee, Participants and Beneficiaries. 10.15 PROFESSIONAL AGENTS. The Trustee may employ and pay from the Trust Fund reasonable. compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty vested in it by the Plan, 30 .r •~ and the Trustee may act or refrain from acting on the. advice or opinion of any agent, attorney, accountant, or other person so selected. 10.16 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee. For purposes of a distributionto a Participant or to a Participant's designated Beneficiary or surviving espouse, "property" includes a Nontransferable Annuity. contract, provided the contract satisfies the requirements of this Plan. .10.17 DISTRIBUTION DIRECTIONS.- If no one claims a payment. or distribution made from the Trust, the Trustee must promptly notify the Advisory Committee. and then dispose of the payment in accordance with the subsequent direction of the Advisory Committee. 10.18 THIIZD PARTYIMULTIPLE TRUSTEES. No person dealing with the Trustee is obligated to see to the proper application of any money paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms of the Plan. Each person dealing with the Trustee may act upon anynotice, request or representation in writing by the Trustee, or by the Trustee's duly authorized, agent,- and is not liable to any. person in so acting. The certificate of the .Trustee that it is .acting in accordance with the Plan will. be conclusive in favor of any person relying on the certificate. If more than two persons act as Trustee, a decision of the majority of such persons controls with respect to any decision regarding the administration or investment of the Trust Fund, or any portion of the Trust Fund. with respect.. to which such persons act as Trustee. However, the signature of only one Trustee is necessary to effect any transaction on behalf of the Trust. 10.19 RESIGNATION. The Trustee may resign its position at anytime by giving 30 days' written notice in advance.. to the Employer and to the Advisory Committee. If the Employer-fails to appoint a successor Trustee within 60 days of its receipt of the Trustee's. written notice of resignation, the Trustee will treat the Employer as having appointed itself as Trustee and as having filed its acceptance of appointment with the former Trustee 10:20 REMOVAL. The Employer, by giving. 30 days' written notice in advance to the Trustee, may remove any Trustee.. In the event of the resignation or removal of a Trustee, the Employer must .appoint a successor Trustee if it -intends to continue the Plan. If two or more persons hold the position of Trustee, in the event of the removal 'of one such person, during any period the selection of a replacement is pending, or during any period such person is unable to serve for any reason, the remaining person or persons willact as the Trustee. 10.21 INTERIM DUTIES AND SUCCESSOR TRUSTEE. Each. successor Trustee succeeds to the title to the Trust vested in his predecessor by accepting in writing his appointment as successor Trustee and filing the acceptance with the former Trustee and ~ the Advisory Committee without the signing or filing of any further statement. The resigning or removed Trustee, upon receipt of acceptance in writing of the Trust by the successor Trustee, must execute all documents and do all acts necessary to vest the title of record in any successor Trustee. Each successor Trustee has and enjoys all of the powers, both discretionary and ministerial, conferred 31 ~ t t jf under this Agreement upon his predecessor. A successor .Trustee is not personally liable for any act or failure to act of any predecessor Trustee. With the approval of the Employer and the Advisory. Committee, a successor Trustee, with respect to the Plan, may accept the account rendered and the property.delivered to it by a predecessor Trustee without incurring .any liability. or responsibility for so doing. 10.22 VALUATION OF TRUST. The Trustee must value the Trust Fund as of each Accounting Date to determine the fair mazket value of each Participant's Accrued- Benefit in the Trust.. The. Trustee also must value the Trust Fund on such other valuation dates as directed in writing by the Advisory Committee. 10.23 LIMITATION ON LIABILITY - IF INVESTMENT MANAGER, ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY APPOINTED. The Trustee is not -liable for the acts or omissions of any Investment Manager the Advisory Committee may appoint, nor is the Tntstee under any, obligation to invest or otherwise manage any asset of the Plan -which is subject to the management of a properly appointed Investment. Manager. The Advisory Committee, the Trustee and any properly appointed Investment Manager may execute a letter agreement as apart of this Plan delineating the duties, responsibilities and liabilities of the Investment Manager with respect to any part of the. Trust Fund under the control of -the. Investment Manager. As used in this Section 10.23, the term "Investment Manager" includes any insurance company holding assets of the Plan. The limitation on liability described in this Section 10.23 also applies to the acts or omissions of any ancillary trustee or independent fiduciary properly .appointed under Section 10.25 of the Plan. However, if a Trustee, pursuant to the delegation described in Section10.25 of the Plan, appoints an ancillary trustee, the Trustee is responsible for the periodic review of the ancillary trustee's actions and. must exercise its delegated authority in accordance with the terms of the Plan. The Employer, the Trustee and an ancillary trustee may execute a letter agreement as apart of this Plan delineating any indemnification agreement between the parties. 10.24 INVESTMENT IN -GROUP TRUST FUND AND MUTUAL FUNDS. Subject to the provisions in this Article X relating to Participant directed accounts, the Trustee, for collective investment purposes, may combine into one trust fund andlor in mutual funds maintained by the Trustee or any .affiliate of the Trustee, the. Trust created under. this. Plan with -the Trust created under any other qualified retirement plan the Employer. maintains. However, the firustde must maintain separate records of account for the assets of.each Trust in order to reflect properly each Participant's Accrued Benefit. The Employer specifically authorizes the Trustee to invest all- or any portion of the assets comprising the Trust Fund in any group trust fund. which at the time of the investment provides for the pooling of the assets of plans qualified under Code §401(a). This authorization applies solely to a group trust fund exempt from taxation under Code §501(a) and the trust agreement of which satisfies the requirements of Revenue Ruling 81-100. The provisions of the group trust fund agreement, as amended from time to time, aze by this reference incorporated within this Plan 32 ,, ., e ,~ ,and Trust. The provisions of the group trust fund will govern any investment of Plan assets in that fund. 10.25 APPOINTMENT OF ANCILLARY TRUSTEE OR INDEPENDENT FIDUCIARY. The Employer, in writing, may appoint any person in any `State to act as ancillary trustee with respect to a designated portion of-the Trust Fund. An ancillary trustee must,acknowledge in writing its acceptance of the terms and conditions of its appointment as ancillary,. trustee and its..` fiduciary status under the Plan..The ancillary trustee has the rights, powers, duties and discretion. as the Employer may delegate, subject to any limitations or directions specified in the instrument. evidencing appointment of the ancillary trustee and to the terms of 'the Plan.. The investment powers delegated to the ancillary trustee may include any investment powers available under the Plan including the right to invest any portion of the assets of the Trust' Fund in a common trust fund, as described in Code §584, or in any. collective investment fund, the provisions of which govern the investment of such assets and which the Plan incorporates by this reference, but only if the ancillary trustee is a bank or similar financial institution supervised by the United States or by a State and the ancillary trustee (or its affiliate, as defined in Code § 1.504} maintains the common trust fund or collective investment fund exclusiti ely for the collective investment of money contributed by the ancillary trustee (or its affiliate) in a trustee capacity and which conforms to the rules of the. Comptroller of the Currency. The Employer also may appoint as an ancillary trustee, the trustee of any group trust. fund designated for investment pursuant to the provisions of Section 10.24 of the Plan. ' The .ancillary. trustee may resign its. position at any time by providing at -least 30 days' advance written notice to the Employer, unless the Employer waives this notice requirement. The Employer, in writing, .may remove an ancillary trustee at any time. In the event of resignation or removal, the Employer may appoint another ancillary trustee, return the assets to the .control and management.. of the Trustee or receive such assets in the capacity of ancillary trustee.. The .Employer. may delegate its responsibilitiesuader this Section 10.25 to a Trustee under the Plan. 33 . . .. ,` ~. ARTICLE XI MISCELLANEOUS 11.01 EVIDENCE. Anyone required to give evidence under the terms of the Plan may do so by certificate, affidavit, document or other information which the person to act in reliance may consider pertinent, reliable and genuine, and to have been signed, made or presented by the proper party or parties. Both the Advisory Committee and. the Trustee are fully protected in acting and relying upon any evidence described under the immediately preceding sentence. 11.02 NO RESPONSIBILITY FOR EMPLOYER ACTION. Neither the Trustee nor the Advisory. Committee has any obligation or responsibility with. respect to any action required by the Plan to be taken by the Employer, any Participant or eligible Employee, or for the failure of .any of the above persons to act or make any payment or contribution, or to otherwise provide. any benefit contemplated under this Plan. Furthermore, the Plan does not require the Trustee or the Advisory Committee to collect any contribution required under the Plan, or to determine the correctness of the amount of any Employer contribution. Neither the Trustee nor the Advisory. Committee need'inquire into or be responsible for any action or failure to act on the part of the others, or on the part of any other person who has .any responsibility regarding the management, administration or operation of the Plan, whether by the express terms of the Plan or by a separate agreement authorized by the. Plan. 11.03 FIDUCIARIES NOT INSURERS. The Trustee, the Advisory Committee, the Plan Administrator and the Employer in no way guarantee the Trust Fund fiom loss or depreciation. The Employer does not guarantee the payment of any money which may be or becomes due to any person from the Trust Fund. The liability of the Advisory Committee and the Trustee to make any payment from the Trust Fund at any time and all times is limited to the then available assets. of the Trust. 11.04 WAIVER OF NOTICE. Any person entitled to notice under the Plan may waive the notice, unless the Code or Treasury regulations specifically or impliedly prohibits such a waiver. 11.OS SUCCESSORS. The Plan is binding upon all persons entitled to benefits under the Plan, their respective heirs and .legal representatives, upon the Employer, its successors and assigns, and upon the Trustee, the Advisory Committee, the Plan Administrator ar~d their successors. 11.06 ..WORD USAGE. -Words used in the masculine also apply to the feminine where applicable, and wherever the context of the Plan dictates, the plural includes the singular and the singulaz includes the plural. 11.07 STATE LAW. Nebraska law will determine all questions arising with respect to the provisions of this Agreement. 34 w p • tt I ~ ~ t ARTICLE XII EXCLUSIVE BENEFIT, AMENDMENT, TERMINATION 12.01 EXCLUSNE BENEFIT. Except as provided under Article III, the Employer has no beneficial interest in any asset of the. Trust and no part of any asset in the Trust may ever revert to or be repaid to an Employer, either directly or indirectly; nor, prior 'to the satisfaction of all liabilities with respect to the Participants and their Beneficiaries under the Plan, may any part of the corpus or income of the Trust Fund, or any asset of the Trust,. be (at any time) used for, or diverted to, purposes other than the exclusive benefit of the Participants or their Beneficiaries. 12.02 AMENDMENT BY EMPLOYER The Employer has the right at any time and from time to time: , . (a) To amend this Agreement in any manner it deems necessary or advisable in order to .qualify (or maintain qualification of) this Plan and the Trust created under it under the appropriate provisions of Code §401(a); and. (b) To amend this Agreement in any- other manner... No amendment may authorize or permit any of the Trust Fund (other than the part which is required to pay taxes and .administration expenses) to be used for or diverted to purposes. other than for the exclusive benefit of the Participants or their Beneficiaries or estates. No amendment may cause or permit any portion of the Trust Fund to revert to or become. a property of the Employer. The Employer also may not make any amendment which affects the rights, duties or responsibilities of the Trustee,. the Plan Administrator or the Advisory Committee without the written consent of the affected Trustee, the Plan Administrator or the affected member of the Advisory Committee. The Employer must make all amendments in writing. Each amendment must state the date to which it is either retroactively or prospectively effective. 12.03 TERMINATION OR DISCONTINUANCE OF PLAN. The Employer has the right, at any time, to suspend or discontinue its contributions under the Plan, and to terminate, at any time, this Plan and the Trust created under this Agreement. The Plan will terminate upon the first to occur of the following: (a) The date terminated by action of the. Employer; (b) The dissolution or merger of the Employer, unless the successor makes. provision to continue the Plan, in which event the successor must substitute itself as the Employer under this Plan I7pon termination of the Plan, all Participant account balances shall be 100%Nonforfeitable. Upon termination of the Plan, the distribution provisions of Article VI remain operative. 36 ti~ •~ • r ~~ 12,04 MERGERIDIRECT TRANSFER The Trustee may not consent to, or be a party to, any merger. or consolidation with another plan, or to a transfer of assets or liabilities. to another plan, unless immediately after the. merger, consolidation or transfer, .the surviving. Plan provides each Participant a benefit equal to or greater than the benefit each Participant would have received had the Plan terminated immediately before the merger or ,consolidation or transfer. The Trustee possesses the, specific authority to enter into merger agreements or direct transfer of assets agreements with the trustees of other retirement plans .described in Code §401(a), including an elective transfer, and to accept the direct transfer of plan assets, or to transfer plan. assets, as a party to any such agreement. ~ , The Trustee may accept a direct transfer of plan assets on behalf of an Employee prior to the date the Employee satisfies the Plan's eligibility conditions. If ,the Trustee accepts a direct transfer of .plan assets, the Advisory. Committee and Trustee must treat the Employee as a Participant for all purposes of the Plan except the Employee is not a Participant for purposes of sharing in Employer contributions or .Participant forfeitures under the Plan until he actually becomes a Participant in the Plan On each Valuation. Date, the Advisory Committee will credit any. part of a Participant's Accrued. Benefit retained in the Trust. with its. proportionate -share of the Trust's income, expenses, gains and losses, both realized and unrealized. Upon termination of the .Plan, ..the .amount, if any, in a suspense account under Article Ill will revert to the Employer, subject to the conditions of the Treasury regulations permitting such a reversion. A resolution or amendment to freeze all future, benefit accrual but otherwise to .continue. maintenance. of this Plan, is not a termination for purposes of Section 12.03. IN WITNESS WHEREOF, the Trustee has executed this Plan and Trust in Blair, Nebraska, this day of , 20_ CITY OF BLAIR,' NEBRASKA By: Its: , "EMPLOYER" By: 37 P ~ ~. DOCS/453996.2 ~~ .t Its: "TRUSTEE" 9 38 ~a ~.a is i e.. - :. $. I , ~ ~. G ~ 4 CITY OF BLAIR, NEBRASKA POLICE RETIREMENT PLAN AND. TRUST -INDEX Introduction ..................................................................................................................1 Article I Creation and Purpose of Trust..:.:..: ...:....:...............:::.:...........:..:.:.:.::.:.......:..:. l 1.1 Prior Plan :..... ......................... .............. ......... ... ...:......1 .. .............. . . .. . ..... 1.2 Purpose .....:........................:...........:...........:.........:................................:...........1 1.3 Exclusive Benefit.:.:...:...:.. ' ..........:....:..:.:. .:.. .:..: ~ ...... .1 •;• Article II Definitions and Construction . ....................... .... .............................. .2 2:1 Retiremerrt Committee :.......:....:..: .:....................:..:....:.....................:.:....:.......:2 2.2 ..City ........ ........ ....... .......... ....... .................... ......... .2 2.3 Compensation: ... ........:...:.:,. .......:.....:..,. .........:::....:..:.::........::.:.:..:..:.2 2.4 Final Average Compensation..:.:....:, :..:.2 2.5 Police Officer....... ...... .......... .. ...............:.... ........ ....: ~ ...:.... .2 2.6 .Participant .....:.. ........... ..... ................... ....... :... .. ......... 2 2.7 Pension Fund ........... ..... .. ....: ................. ... .. :... :3 2.8 Plan ....:.:..:.....:.:: ...:...:.:.....:::.:..:..::..:.~:.....:.::::.::..:.:.a:..:. ....:::..::.:....:3 2:9 Plan Year ......:...........:.........:......:...:........... . ' :........ ...:........ 3 2.10 Prior Plan :. ........ .. .......................... .... ~:. ..:................... : 3 2.11 Retirement Value ........... .......... .: ..... .. .............. ::3 .... .................. ............... .......... 2.12 Annuity Contract ........................ ~ ` 3 2.13 Regular Interest , .. ... ............. ... ................... ... ............. .3 2.14 Retirement. Date. , .................................................... ....... .. ...........:3 2.15 .Retirement Benefit ... ................ ........ .:.........:....... ..:... .:... .3 Article III Participation in Plan .................................:....:......................................::......................:4 3.1 Eligibility ....:........................:........ ........................~....:... ~....... ' :......:.........4 .... 3.2 Entry Into Plan: ..:..........:........... ........:.. :.:...........:................. 4 3.3 Classes ofBenefits Provided............'... .:...:....:...:4 3.4 Contributions Required .........., .... .i .. ............. :....... ... :4 .... .... 3.5 Transfers of Plan Contributions :...:............:..........:..::...:....:.... :..:..:.:...::.:.: 5 Article N Service.. ....................... -.................... ..........: ,........ ... ' ... 7 4.1 Service . ................... .. ............. ... .........,............... ..... .:7 4.2 Termination ofEmployment.....:...,..... ,..,...:..........:. ...::.:.:7 I i I I ~ ~ i I ~ I t i Paae ~ ~ ~ r. - r x -. i. ~ - .. .. ~ ~. - i ` - j 4.3 ~ Benefits for Period of Active Military. Service ....:.: .....:.:......:..,.::.......:....:...:7 Article V Contributions .......:......:.....~..:..........:...........:..........................:::.....:...............:.........:... ...9 5.1 Establishment of Accounts.:.:.:....: ..::.:...............:.:.....::...:....:.::.:..:..:.:.......:...... 9 5.2 ' Prior Employee Contributions and Matching Contributions by City......... ................................................. ...9 . • .... 5.3 Employee Contributions......, .............. ....::........:...:..............:..:.......:............:9 5.4 .Matching Employer Contributions .......................:.................:...........:.....:.......9 5.5 Additional City Contributions.:::::::.:.::.....:: .................:........................:.... 10 5.6 Pick Up Provisions.: .............:.:..... .,..........: .....:......:.....:. ...::...... 10 5.7 Voluntary Contributions ..:.:. .:.......... ......:........: . 10 S.$ Limitations on Contributions .......................... .............................:......... .. ..... , 10 5.9 Annual Additions Defined ..:...: ..................:......................::..............,.:.......... 10 5.10 Adjustments to Section 415 Limitations :................................................:.... 11 ~ Article VI Disabili ............... ....:::...:.:..::........:.:....:....:.:.:. .....:..:...... .. : : : : :: : 12 . . . .... .. . , ....... ...... ... 6.1 Disability Benefit.....:....,... ...........:.........................................:.........:.:.......: 12 6.2 Definition of and Establishing .Permanent Disability' .:............:. ::.:::.:.....:..::.:........:....:::..,....:...............: 12 6.3 Temporary Disability.:::.., ...:......:.....::..:.::::....:..:..........:.:....:..... ;.....:.:.:... 12 6.4 Workers' CompensationBenefit ............::.....::......::....:...........:.:.:.....:..:.... 13 6':5 Minimum Disability Retirement Benefits .:.......:......................... ............. 13 `Article VII :Retirement Benefit::.:.: ......:.....: ... ... ........: . : : : : 14 _ , . ......... ..... . .. ... . _ 7.1 Election to Retire: :.......:..... ............................:.....:.....:. :.........:.... 14 7.2 Normal Retirement Date .....: .................:....:.::.....:............::......:.....:.......:.:.::.. 14 7.3 Early Retirement Date ....... ....... .................: ... ...:..............: 14 7.4 Deferred Retirement Date .. ..... .......:...:..... ..... .........:.......... . 14 7.5' Annuity Commencement Date:. ::..:.:.::...: :..::. ....:...:: :....::.......... 14 Article VIII Retirement Income Benefits .....:..:....: .............<. ,............:....::.....:.......:::...........:....:....15 8.1 Normal Retirement Benefit......:.....:::...:.: ................:............................: 15 8.2 Early., Retirement~Benefit.....::.::: ............... ............... ...... ... .....: 15 8.3 Minimum Retirement Benefits..::;...:...::.:.:.. .: ::..:::.........:...::..:..:.:.:....:. 15 8.4 :Normal Form of Retirement Income...: ....................:. .......... ... 15 8.5 Optional Forms of Retirement Income : . .......:..... .. .... .. .. .... ....... ...... ....... 16 8.6 -Mandatory Lump-Sum Cash-Out ......:.........:.:.....................' ...................::: 17 8.? Limitations on Benefits ... ..... :.:.. ..........:.:.......:. .:. ...:.. ... ....... .... .. .... 17 8.8 Distributions on or After January 1, 2001 ...:. ~.:::.:..::. ............... ......... 17 8.9 Distributions to Comply with Tax Laws:. .:.. ...... .....: . 18 ~ Y ~/ 8 Article IX Death Benefit .....................:...::........................:...:.:.:...:....:....:::..::....:.:......:..:...:::.:.....19 9.1 Death Benefit Prior to Annuity Commencement ................:...........:............. :19 9.2 Death Benefit After Annuity Commencement .:...: .......:.:....:.::. ~ .......::..:.:: .19 9.3 Survivor's Income Benefits ' ............. ...... .... .......... ...................... .. .... ..... .... .....,. .19 . 9.4 Designation. of Beneficiary ..............:...........:..:....::..............:.:.....:..:..,............21 9.5 Purchase of Annuity Contracts ...........:..:...........:...::.....:................................:21 9.6 Distributions o Comply with Tax Laws ..:..........:.......~..........................:.....:..21 Article X Distribution of Benefits Upon Termination of Emplo~nt ..:....:.....,.: ........:..........:: 22 10.1 Termination Benefit .......................... .....:........:.. ..' .... ~ ...... : .... 22 10.2 Termination Benefit Payment,Option ............: .........:.......:.:.., .:..:........:: 22 .10.3 Vesting Percentage . ............. .:.:.:.........:. .:..:... : ...:.:..:.: .... ..... .... . .. 22 10.4 Payment ofDeferred Retirement Annuity,....:.,...:.. .::. .::.. .:::.::..:..... 22 10.5 Involuntary Cash-Outs of Small Accounts ::: .......:...:.........:.. ~::... :...........:... 23 10.6.. Forfeitures ..................... ~ ....:... 23 Article XI .Administration ..... .. ...........: ..:...::...........:.... :..,:~:... .. .........: .. 24 11.1 Establishment of Retirement Committee ......::..: ........:...........:..................::: 24 11.2 Retirement Committee Members:: :.....:............:...:.:...::....:.......:.:...:.......:....... 24 :.11.3. Specific Duties of the Retirement Committee ......:..........................:....:..... 24 11.4 General Powers and Duties ..:..........:..........:.. :...... ......... .....:... .::::....:.... 25 11.5 Uniform Administration:.......:. ..:.::.:.::....::.::...:.:.:..:..:..:..:......::::.......:. 25 11.6 Liability Limited..... ...:..: .........:...............: ...:..:...... '.... .. ...... . 25 Article XII Pension Fund ............................ ..... .....~..... ........ ....26 12.1 Pension Fund .....:.:...:.:.....:....:..:: ...:..:....:.:..~.....:............:.;....:.::...:::.....:......:.26 12.2 Plan Investments......:..... .... ...... ..:...: .............................. .......... .26 ...... .... . .... ... 12.3 Directed Investments ......:...............:...............................:......:.....:.............:....26 .12.4.. Change in Investment Direction ........:..........................::.. ......::.:...............27 12.5 Fund Gains and Expenses ....... ...................................... .:.:.:, :...::::.:.....:28 12.6 Investment Advisers :...........:......:.....:.:.........:..:.:.:.::..::.... :::.;.......::..:.....:.28 .12,7 Liability ofFiduciary............:.. ......:::::........ .....:::.:.:.. .,28 12.8 Regulated Investment Company Mutual Funds .: .............:..:.....::..:..........:28 _ 12.9 .Trustee Powers and: Duties ...... ........ :........ ~...... ... .......28 ..12.10 Insurance Contracts.: :......................:............:.....:.........:..:..............x.........:...:..29 12.11 City Treasurer as Trustee .: .:..:...:.....:.:.::..............:........:.......:::.:.:.............29 12:12 Expenses.:.......: .........:......:.............:....:.:....:... .:.; .::::..:...:......,..................:...29 a I CITY. OF BLAIR, NEBRASKA `BL'AIR POLICE RETIREMENT PLAN AND TRUST , ' Introduction and Parties , This Trust Agreement, made and entered into as of January 1, 1984, as subsequently amended. and restated effective as of July 15y 1992, is hereby further amended and restated effective as of January 1, 1997 by and between the City of Blair, Nebraska, and-the City Treasurer of the City of Blair, Nebraska (hereinafterreferred to as the "Trustee"). , ' WI'TNES SETH: , , ' ARTICLE I Creation and Puroose of Trust 1.1 Prior Plan. The City of Blair, Nebraska (hereinafter referred to as the "City") has'maintained'agension system as required by Nebraska Statutes to provide retiremenrt benefits for its salaried. Police Officers. The pension system for the City's Police Officers was amended and restated in the.- form. of this 'Plan-and Trust effective as of January 1, 1984,' and subsequently amended and restated effective as of July 15, 1992. Except as otherwise stated, this amendment and .restatement is effective January 1, 1997. .The rights and benefits of Police Officers who retired or became eligible .for other benefits on or after July 15, 1992 and .before January 1, 1997, shall be determined in accordance.with the provisions of this Plan and Trust which were in effect prior to January 1, 1997.. ~, 1,2 ose. The primary purpose of the Plan is to provide retirement income, disability income, and other benefits for Police Officers in addition to, or in conjunction :with, the benefits provided under the Federal Social Security Act. and the Nebraska Workers' Compensation .:Act; in consideration, of their service to the_City. The-Plan and Trust is designed to comply with State. of Nebraska .Revised ,Statutes relating to police officer retirement systems of cities of the first class, and is intended to meet the requirements of Section 401(a) of the Internal Revenue Code of 1986, as amended, as such requirements apply to government plans, in order that the Plan and Trust may qualify. as atax-qualified money purchase pension plan. 1.3' Exclusive Bene~t. ! ~ This Plan and Trust are established .and .shall be maintained for .the sole and .exclusive .benefit of those Police Officers who shall be eligible to .participate under the Plan and for the benefit of beneficiaries of such Police Officers in the event of 'their death. No part of the Pension Fund can revert to the City, except as allowed by law, or be used or diverted to purposes other than .for.. the exclusive benefit of the Police Officers and their beneficiaries. ~ Y i~ ARTICLE II Definitions and Construction The following words and phrases when used in this Plan, unless the context clearly indicates otherwise, shall have the following meanings: 2.1 "Retirement Committee." .Retirement Committee means `the Retirement Committee as provided under Article XI of this Plan. 2.2 "C~." City means the City of Blau-, Nebraska. 2.3 "Compensation." Compensation means the total amount of taxable salary or wages paid by the City to a Participant for personal services as reported on the Participant's- federal income tax withholding statement, and in addition thereto, employee contributions picked up by the City,. as provided in Article'V, to the extent not included in the Participant's gross income as salary or wages.- Any amounts which are not currently includible in the'Participant's gross income by reason of the application of Sections 125 or 457 of the Internal Revenue Code, and effective for Plan Years beginning on or after January 1, 2001, any amounts which are not currently includible in the Participant's gross income by reason of the application of Section 132(f)(4) of the Internal Revenue Code, shall nevertheless be treated as Compensation for purposes of this Plan. Effective for Plan Years beginning .on or after January 1, 1'994, the annual Compensation of each Employee. taken. into account under the .Plan shall not exceed $.150,000 as adjusted by the Commissioner of Internal Revenue for increases in the cost of living in accordance with Section 401(a)(17)(B) of the Code. The cost-of--living adjustment in effect for a calendar year applies to any period, not exceeding twelve (12)~ months, over which Compensation is determined ("determination period") beginning in such calendar year., If a determination period consists of fewer than twelve (12) months, the .annual Compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is twelve (12). 2.4 "Final Avera a .Compensation." Final Average Compensation means the Compensation received by the Participant during the final- sixty (60) months of his or her employ- went, divided. by -sixty (60); rop vided, however, for any Police Officer who retires, dies or becomes disabled after July 14, 1992, Final Average Compensation shall be determined onthe basis of the Compensation paid in any .five. consecutive .year period .preceding the. Polio Officer's retirement, death or disability which produces the highest average. 2.5 "Police Officer." Police Officer means aperson -who is employed by the City as a full time police officer as determined by the City under its normal practices. 2.6 "Participant." Participant means a Police Officer, retired. Police Officer,. or former Police Officer as defined herein who has met all the requirements of this Plan,. and has 2 r - .. I - • - ~ - ~~ c C ~ ~, . i ~. . X11 I entered this Plan as provided in Article III, and-who continues to have rights or contingent rights to benefits payable under this. Plan. 2.7 "Pension Fund." Pension Fund means the trust fund established hereunder to provide for the payment of the benefits specified in the Plan, as described in Section 12.1. 2.8 "Plan." :Plan means the City of Blair, Nebraska. Police Retirement Plan and Trust, the terms of which are herein set forth, and as may. be amended by the City from time to time. 2.9 !'Plan Year." Plan Year means a 12-month period beginning on January 1 and ending on December 31. 2.10 "Prior Plan." Prior Plan means the pension plan and system benefiting the . City's Police Officers before January 1, 1984, and wbich wasreplaced by this Plan and Trust. 2.11 "Retirement Value." Retirement Value means the accumulated value, at any particular' point in time, of the Participant's ,employee and employer contribution .accounts as provided in Article V.:. E I' 2.12 "Annuity Contract." .Annuity Contract means a contract or conrtracts issued by one or more life insurance companies that. may be purchased for the purpose of providing all or a portion of the. benefits under. this Plana Such term shall include group annuity contracts which are an investment of the Pension Fund. Annuity conversion rates contained in any such. contract shall be specified on a sex neutral basis. 2.13 "Regular Interest:" 'Regular Interest means the rate of net earnings realized for any Plan Year, beginning o~ January 1,'-1984, as determined by the Retirement Committee in conformance with actual earnings or losses realized bythe Pension Fund for any such year. 2.14 "Retirement Date." Retirement Date - means the first of the month immediately following the last day 'of employment with the City with respect to normal or early retirements, or the date benefit payments are to commence with respect to deferred retirement dates. 2.15: "Retirement Benefit." Retirement B enefrt means the retirement income benefit payable: to a Participant.. at his or .her Normal or Early-.Retirement Date, or at his or her. Deferred Retirement Date (as defined in' Article VII). The normal form of the Retirement Benefit shall be a straight life annuity'paying Monthly benefits. ;The amount of retirement income benefit for any Participant shall be the amount of pension benefit that can tie purchased or otherwise provided by the Participant's Retirement Value: 3 ~s ~+ ARTICLE III Participation in Plan 3.1 Eli ig bilitX. All Police Officers employed by the City as of the date of this. amendment and restatement will continue to participate under the terms of .this amended and restated Plan. All Police Officers first employed. after such date, or any former Police Officers rehired by the City, will become,eligible for participation in the Planimmediately as of the date hired or rehired by the City.. 3.2 Entry Into Plan.. All Police Officers employed by -the City will automatically become Plan Participants upon meeting the eligibility requirements of this Article III. 3.3 Classes ofBenefits Provided: (a} This Plan provides for payment of a Retirement Benefit to each Participant who retires in accordance-with the provisions of Article VII. . (b) This Plan further provides death benefits to beneficiazies, as provided in Article IX. (c) This Plan further provides. for ,disability pension benefits: as provided ` in Article VI. (d) This Plan fiuher provides for. the payment of benefits. toy Participants on termination of service for reasons .other than .death, disability or retirement, as provided in Article X. Unless otherwise specifically provided, any form of pension or annuity benefit under thi's Plan shall be the actuarial equivalent of the normal form of benefit specified in Section 8.4. For,this purpose, "actuarial equivalent" shall mean equality in value of the aggregate amount of benefit expected to be received under different forms or at different times based on the mortality assumptions of the 1983 Group Annuity Table--Male (mortality will be determined by using the table's male mortality for Police Officers and the table's female mortality for spouses) and seven percent (7%) interest.. per annum; rop vided, however, for lump sum distributions, the male rate factors in effect for the Pension Benefit Guazanty Corporation for plan terminations at the time of distribution shall be used. Notwithstanding the foregoing, in the event that benefits provided for a Participant or beneficiary. aze obtained through the purchase of an annuity contract, the actuarial equivalency. of any such form of benefit shall be the amount of pension benefit that can be purchased or. otherwise. provided by the Participant's Retirement Value. 3.4 Contributions Required. All Participants in this Plan, ,as a condition to participation in the Plan, are required to make individual employee contributions in accordance with Article V. The Citywill make employer account contributions in accordance with Article V. In 4 ~~ .~ addition thereto, the cost of all benefits provided by this Plan in excess of benefits provided by the Participant's Retirement Value shall be provided by contributions. by the City. 3.5 Transfers of Plan Contributions. In the event that after four ar more years of .employment as a Police Officer by another first-class. city in Nebraska., a Police Officer terminates his or her. employment with such other city for the purposes of becoming a Police .Officer of the City; and such new employment commences within one hundred awenty days of the termination of employment, the full accumulated value of his or her employee .account and the vested portion of his or her employer account at the time of termination maybe directly transferred to this Plan. The transferred funds shall be administered by the Retirement Committee under a segregated account established for this purpose. For the purposes of applying the vesting schedule of Article X to employer contributions= made following the commencement of new.. employment, such Police Officer shall be deemed a new employee. The Trustee shall also make such direct transfers to the retirement system of any other. first-class 'city in Nebraska for a Participant who terminates employment with the City and. becomes a Police Officer of such other .first-class city. Upon the transfer of the Participant's employee account and the vested interest of his or her employer account, all obligations of this Plan and the City to such Participant and his or her beneficiary shall terminate. Effective, January 1, .1993, and subject to such rules and regulations as may be established bq the Retirement Committee,which are consisterrt with the Income Tax Regulations of Section 401(x)(31) of the Internal Revenue Code,. a distributee may. elect, at the time and in the manner prescribed by, the Retirement Committee,' to have any portion of an eligible rollover distribution paid directly o an eligible.-retirerr~ent plane specified by the distributee in a direct rollover. For these purposes, the following terms are defined as follows: (a) "Eligible Rollover Distribution": an eligible rollover .distribution is any distribution of all or any portion,of the balance to'the credit of the distributee; except that an eligible rollover distribution does not include: any. distribution that is .one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies). of the distributee and the distributee and the distriYiutee's designated ..Beneficiary, or for a specified "period of ten years or more; any distribution to the extent such distribution is required under. Section 401(x)(9) of the Internal Revenue ..Code; any hardship distribution described in Section. 401(k)(2)(B)(i)(I~ of the Internal Revenue Code; and the portion of any distribution that is not includible in gross income (determined without ,regard to the exclusion for .net unrealized appreciation with respect to employer securities). (b) "Eligible Retirement Plan": An eligible retirement plan is an individual retirement account. described in Section 408(x) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in, Section 403(x) of the Internal Revenue Code, or a qualified trust described in Section 401(x) of theInternal Revenue. Code; that accepts. the distributee's eligible rollover distribution. However, in the case of an eligible ', s ~ ~ ` ~ i retirement. distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (c) "Distributee": A distributee includes a Police Officer or former Police Officer. In addition,. the Police Officer's or former Police Officer's surviving spouse and the Police Officer's or former Police Officer's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code,_ are distributees with regard to the interest of the spouse or former spouse. ` (d) "Direct Rollover": A direct rollover is a payment by the Plan to the eligible .retirement Plan specified by the distributee.' ,~ ; ~~ 6 ~ro y~. r ARTICLE IV Service 4.'1 Service.- The period of service ("Service") of a Participant will be his or her period of employment by the City as a paid Police Officer from his or her most recent date of hire by the City up to the date of Termination of Employment: For purposes of vesting in the amounts credited to a Participant's employer contribution account, years of Service .performed prior to 7anuary 1, 1966, shall be disregarded. Service performed as a police officer of any other city or governmental entity shall be disregarcied,for all purposes under the Plan. a 4.2 Termination of Employment. A Participant's Termination of Employment will occur one the date of severance of ,employment as a Police Officer before the Participant's Normal or Early Retirement Date (as defined in Article VII) as determined under the City's normal employment policies, other than a severance on account of death or permanent disability in the line of duty. (as defined in Section 6.1), subject to the following: (a) Termination of active service with the City on account Qf a leave of absence granted by the City shall not. be considered a Termination of Employment for the purposes of this Plan unless the Participant fails to return to active. service with the City within one week after the date such leave-was. to have.ended, in which-event a Termination of Employment will be considered to have occurred at the time the leave of absence was to have ended; (b) Termination of active service. with the City on account of entrance into the Armed Forces of the United States for active duty shall not be considered a Termination of Employment for the purposes of this Plan unless the Participant fails to return to active service with the City within the applicable period required under the Uniformed Services Employment and Reemployment Rights Act of 1994 after the date he first became eligible .for release from active duty with such .Armed Forces, in which event a Termination of Employment will be considered to have occurred as of the end of such period; and (c) Termination of active service with the City on account of'sick leave shall not be considered a Termination of Employment for the purpose of this Plan, unless the Participant fails to return to world when. pronounced fit for duty. 4.3 Benefits' for Period of Active Military Service: Any Participant who is eligible for reemployment on or-after December 12, 1994, pursuant to .the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, may pay to the Plan after the date of his or her return from active military service and within the period required by .law, not to exceed five years, an .amount -equal to the sum of all contributions which would have ~ been made by the Participant pursuant to Article Vduring -the period of military service for which credited serviced is desired. For this purpose, the Participant's ~~ ~ ~ ~ -~ r , ~ i i r , ARTICLE V Contributions - 5.1 Establishment of Accounts. The Trustee shall create and maintain separate accounts in the name of each Participant for-the crediting. of each Participant's contributions and matching City .contributions. The account established for a: Participant's contributions shall be designated as the "employee, contribution account" and .the account established for the City's contribution shall be designated as the "employer contribution account." All. amounts credited to a Participant's employee nontribution account and employer contribution~account under the Prior Plan are held. in the corresponding accounts established under this Plan and Trust for such contributions. As of the last day of each Plan Year, all accounts (including .any segregated. account established to hold transferred pension funds pursuant to Section 3.5) will be credited with a proportionate share of the Pension Fund's Regular Interest for such Plan Year and currently valued. At the direction of the Retirement Committee, more frequent valuations and. interim adjustments of the Plan accounts may be made by the Trustee. Except as may otherwise ba provided in Article XII, the Trustee shall not be required to maintain. separate investments. for any account. 5;2 Prior Emplovee Contributions and Matching Contributions by City. .All retirement contributions made' by a Participant to the Prior Planbefore to January 1, 1984, and held by the City will be transferred to such Participant's employee contribution account as of January 1, 1984. Interest will not be credited on such contributions for periods prior to January 1, 1984, unless the City determined, at the time of the transfer, to credit interest on such amounts. At the time a Participant .retires or terminates his or her employment with the City, the :Participant's employer contribution account .shall be credited, at such time, with an amount equal to the.Participant's contributions that,wer~ made by.such Participant prior to January 1, 1984 (the "Drop-in Amount"). No interest credit shall be added to the Drop-in Amount unless the City shall determine, at its sole :discretion, to credit interest on the Drop-in Amount.. At the sole option of the City, -the .Drop-in Amount may be made on a uniform basis ,for all Police Officers before their respective retirement or Termination of Employment... Amounts credited to the employer contribution account pursuant to this Section 5.2 shall be suliject to the vesting schedule of Section 10.3: 5.3' Em l~ovee Contributions: Beginning January 1, 1984, each Participant will have employee contributions deducted from his. or her periodic salary payments in an amount equal to six percent (6%) of the Participant's Compensation for such period. Such employee contributions shall be paid into the ..Pension Fund and be credited to the Participant's employee contribution account on a monthly basis. ~ 5.4 Matching Employer Contributions. Beginning January 1, 1984, the City will make employer contributions' for each Participant in an amount equal to six percent (6%) of the Participant's Compensation. Such contributions will be paid into the Pension Fund and credited to the Participant's employer contribution account on a monthly basis. 9 ,t ` s 5.5 Additional City. Contributions. The City will -contribute any amounts necessary to fund retirement or other Plan ,benefits not provided by employee contributions or matching employer contributions. Such additional contributions will be held ,as anunallocated portion of the Pension Fund and will be credited or,charged with a proportionate sha}~e of the total. investment earnings or losses and appreciation and depreciation of the Pension Fund. 5.6 Pick Up Provisions. Effective as of January 1, 1984, the City shall pick up employee contributions required under Section 5.3 and deducted from the Compensation of Plan Participants, and the contributions so picked up shall be treated as employer cornributions in determining federal tax treatment under the Internal Revenue Code of 1986, as the same may be amended. However, the City shall continue to withhold Federal income taxes based on these employee contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the Internal Revenue Code, these contributions shall not be included as .gross income of the Participant until such time that they are distributed to -the Participants from the Plan. The .City shall pick up .these contributions by a salary deduction either through a reduction. in the cash salary of the Participant or a combination of a reduction in salary and offset against a future salary increase. In no event shall a Police Officer be. given an option to choose to receive the amount of the required employee contribution in lieu of having. -such amount paid .directly to the Pension Fund. 5.7 Voluntary Contributions. Beginning July 15, 1992, a Participant may elect, from time to time, to make .voluntary cash contributions to the Plan,, subject. to the limitations of Section 5.8 -and 5.1 L .Voluntary Contributions will be paid into the Pension Fund and credited to the Participant's employee contribution account when made. Such ,Voluntary Contributions shall thereafter be held, administered, invested, and distributed in the same manner as any other amounts credited to the Participant's employee contribution account. I 5.8 Limitations on Contributions. The amount of "annual additions" allocated to any Participant under this Plan during any calendar year shall not exceed the lesser of: , (a) $30,000 (as such limit- may be adjusted for Plan Years beginning on or after January 1, 1995 for increases in costs of living in accordance with Section 415(d) of the Internal Revenue. Code); or (b) 25 percent of the Participant's compensation (within the meaning of Section 415(c)(3) of the Internal Revenue Code, including, for Plan Years beginning on or after January 1, 2001, any amount which is contributed or deferred at ~ the election of the Participant and which is not includible in the Participant's gross income by reason of Section 132(f)(4) of the Internal Revenue Code) for the calendar year. Notwithstanding the foregoing, the amount of permissible annual additions for any Participant shall be fiuther reduced .pursuant to Section 8.7, to the extent necessary, to prevent disqualification of the Plan under Section 415 of the Internal Revenue Code which imposes additional limitations on benefits payable to Participants who are participating or have participated in another tax qualified pension plan maintained by the City. , 5.9 Annual Additions Defined. For purposes of Section 5.8, "annual additions" ,shall include: (a} all employer contributions, and (b) all employee contributions. 10 ~i D~ I i ,. ~ _ i 5.10 Adjustments to Section 415 Lunitations. The provisions of Section 5.8, 5.9 and 8.7 are intended to meef the requirements of Section 415 of the Internal Revenue Code of 1986, as amended, and such ,provisions shsll. by this reference, incorporate any changes made to -such Code section as the same-may apply to this Plan. ~~ i ' ~ _i ;. i II ' ~ ~ 11 ,_ ~ !J t r ARTICLE VI Disability 6.1 Disability Benefit. Upon ewtablishing the incurrence of a .disability (as defined below} while in the line of duty, the disabled Participant -shall be eligible to .receive an immediate disability pension. in the form of an annuity. paying monthly benefits .equal to fifty percent (50%) of Final Average- Compensation for'the period of disability., Such disability pension will commence as of the. first -day of the month following the establishment of the permanent disability; rovided, however, the pension commencement date will be further .delayed until all credit°for unused annual or sick leave and other similar credits have been fully paid to the disabled Police Off cer, provided there is no impairment to the Police Officer's regular `compensation during such period of time. A Participant who receives disability benefits will not be entitled to any other benefits provided by this Plan, and his or her beneficiaries will not be eligible .for death benefits under this Plan.unless such disability should end prior to death and the Participant's Retirement Value had not been fully paid out as a disability pension before such death. 6.2 Definition of and Establishing_Permanent Disability. A Participant shall be considered as having incurred a disability only if it is .established upon written proof and ` certification provided to the City by a disinterested and du1'y licensed physician, that the Participant is completely unable, .for reasons of accident or other cause while in the line of duty, to perform the duties of a Police Officer for the City.. The physician conducting any required medical examination shall be selected or otherwise approved of by the City; and a Participant's failure to submit to any medical examination ordered by the City for this purpose shall cause. the Participant to .become ineligible for a disability pension. The City may at any time. within three years .from the .commencement of the disability pension require .the disabled Participant to be examined by a physician, at the City's expense, to determine the continuance of such permanent disability. 'More thane:. one such examination may be required by the. City.. After the expiration of the initial three-year period, a medical examination can be required only upon order of a Nebraska District. Court upon submission by the City of reasonable grounds to believe that the Police- Officer is fraudulently receiving a disability pension under this- Plan. In the event. a Police Officer who received a disability pension .hereunder is determined under the .foregoing procedures to be no longer disabled, the disability pension. shall terminate and the Police Officer's Retirement Value, as .reduced by the disability pension benefits theretofore paid from the Plan, shall. thereafter be held and, administered in the same manner as any nondisabled Participant or former Participant. 6.3 Temporary Disability. In the -event of temporary disability incurred while in the line of duty, the Participant will receive his or her salary during the continuance of such disability for a period not to exceed twelve (12) months; rop vided, however, if it shs.ll be determined by the City Council or other appropriate municipal authorities of the City within the said twelve. (12) 12 4 ~ 'r ARTICLE VII Retirement Benefit 7.1 Election to Retire. Each Participant who elects to retire in accordance with this Article VII at his or her Normal or Early Retirement Date shall thereupon become entitled to receive a Retirement Benefit in accordance with Article VIII. In the event a retirement. date is not specified by the Participant; .Retirement Benefit payments will commence not later than sixty (60) .days after the close of the Plan Year in which the later of the following occurs: (a) the Participant's Normal Retirement Date; or (b) the date the Participant terminates employment with. the City. 7.2 Normal Retirement Date. The Normal Retirement Date for ~ a Participant shall be the first day of the month following the Participant's sixtieth (60th) birthday. 7.3 Early Retirement Date. A Participant shall be entitled to elect an Eazly Retirement Date upon his or her Termination of Employment on or after attainment of age fifly- five (55) if such Participant has completed twenty-five (25) years of Service, in which event such Eazly Retirement Date shall be the first day of the month coinciding with or next following the date the Participant terminates employment with the City.. 7.4 Deferred Retirement Date. A Participant may continue employment past. his or her Normal Retirement Date on a month to month basis. Any such Participant shall continue to contribute to his or her employee contribution account, and will be entitled to receive a normal retirement benefit on the first day of the month following the date employment ceases,. computed in the manner set forth in Article VIII. ' 7.5 Annuity Commencement Date.. Unless elected otherwise by the Participant, benefits. under this Plan will commence as of the Participant's Retirement Date. At any time before the Retirement Date, a Participant may elect to ,defer his or her annuity commencement: date to .the first day of any specified month prior to attainment of age seventy (70). 14 .~ n ~- ARTICLE VTiI Retirement Income Benefits ~~ 8'.1 ' Normal Retirement Benefit. The normal Retirement Benefit payable to a Participant who retires in accordance with the provisions of Article VII on or after his or her Normal Retirement Date shall be in the. form of a straight life annuity paying monthly benefits; such annuity- - to be equal to the amount'of retirement income that can be purchased or otherwise provided by the Participant's Retirement.Value as ofthe annuity commencement date elected by the Participan. 8.2 Early Retirement Benefit. The early Retirement Benefit payable to a Participant who retires in accordance with the provisions of Article VII on or after his Early Retirement Date, but prior to his Normal Retirement Date, shall be in the form of a straight life annuity paying monthly benefits, such annuity to be equal to the amount of retirement income that can be purchased or otherwise provided by the Participant's Retirement Value of the annuity commencement date elected by the Participant. 8.3 Minimum Retirement Benefits.. For any Participant employed as a Police Officer on January 1, 1984; and continuously ..employed by the City from such date through the Retirement Date; the .monthly Retirement Benefit payable as of the Participant's .Retirement .Date shall not be less than the' following amounts: . (a) If retirement occurs following age. sixty (60) with twenty-five (25) years of Service with the-City, ox following age sixty. (60) with twenty-one (21) years of. Service with the City if the Police Officer was hired .prior to November 1$, 1965, fifty percent (50%) of Final Average Compensation: (b) If retirement occurs following age fifth-five (55) but before age sixty (60) with twenty-fibe (25) years of Service with the City, -forty percent (40%) of Final .Average Compensation. Any Participant entitled~to a minimum pension benefit under this Section 8.3 may elect to receive such benefit in a form other than a straight life annuity as permitted under Section 8.5. Any optional form of benefit payment shall be the actuarial equivalent. of the straight-life annuity that would :otherwise bepaid under, this Section 8.3. If the optional benefit selected is a lump sum cash payment, the actuarial equivalent of such form of benefit shall, at the request of the Participant, be determined by using :the average cost ~ for providing the normal form of the minimum. pension benefit under three different paid-up; annuity contracts offered by life insurance companies, eligible. to sell such contracts in Nebraska.; one of the referenced annuity contracts shall be selected by the .Participant, one shall be selected by the Retirement Committee,. and one. shall be selected by the City. 8.4 Normal Form of Retirement Income. Unless the Participant has elected an optional form of annuity -under Section 8.5 of this Article VIII, monthly payments will be made to 15 t[ 6. 7t the Participant commencing on his annuity commencement date, if, he 'or she is when living, and' terminating with the payment due prior to his or her death. , ' 8.5 Optional Forms of Retirement .Income. In lieu of the normal form of retirement income provided under Sections 8.3 or 8.4 of this Article VIII, one of the following optional benefit `forms may. be selected by the Participant, each of which shall be the actuarial equivalent of the normal form of benefit: (a) An annuity for the life of the Participant with a survivor annuity. for the life of the beneficiary selected by the Participant equal to fifty percent (50%), seveirty- five percent (75%) yr one hundred percent (100%) of the annuity payable during the. . joint lives of the Participant and his or her designated beneficiary; (b) An annuity for the life of the Participant with monthly payments continuing to the Participant's designated beneficiary or beneficiaries if the' Participant dies before he or she has received sixty (60), or one. hundred twenty. (120), or one hundred eighty (180) monthly payments (whichever option. is selected), until the total number of monthly payments to the Participant and the designated beneficiary equals the guaranteed period selected by the Participant; (c) A single lump sum cash payment; or (d) Installment or fixed period annuity, which provides for payments over a specific number of years, with no payments after the completion of such years.: Any optional annuity form of distribution shall be provided through. the purchase. by the Plan of an annuity contract from. a legal reserve life insurance company -with the Participant's Retirement Value. Any annuity contract purchased by the Plan shall be nontransferable. and shall comply with all applicable requirements ` of the Plan,. including the requirements of Section 401(a)(9) of the Internal Revenue Code. Upon the 'purchase of an annuity contract for the benefit of a Participant and his or her designated beneficiary and the distribution of such. policy to the Participant, .all obligations of the Plan to pay benefits. to the. Participant and .his or her beneficiaries shall terminate, without exception. Any distribution for a calendar year after the retired Participant has attained age 70 1/2 shall be at least equal to -the. amount which results when the Participant's Retirement Value at the beginning of the year is divided by the Participant's life expectancy or, if applicable the joint and last survivor expectancy of the Participant and his or her designated beneficiary. If the designated beneficiary is not the Participant's spouse, the minimum amount to be distributed shall not be less than the amount which results when the Participant's Retirement Value at the beginning of the year is divided by the lesser of (i) the .applicable divisor from the table set forth in Q & A-4 of .Section 1.401(a)(9)-2 of the Income Tax Regulations or (ii) the applicable life 'expectancy determined under. the unisex .life expectancy tables 'of Section .1.72-9 of the ~ Income Tax Regulations. If a minimum distribution is required, the first minimum distn~ution shall be made by 16 ,, ,~ ., the April 1 of the year followingthe later of (i) the calendar-year that the Participant attains age 701/2 (the "Required Beginning Date"), or (ii) the calendar year. the Participant terminates employment. The minimum distribution for other years (including .the year of the Required .Beginning Date) must be made by December 31 of such year: Upon the`request of the Participant, and if permitted under any annuity contract which is purchased to provide the optional benefit form, these minimum- distribution requirements may be calculated each year. after the first distribution by annually redetermining the, Participant's life expectancy or the joint .life expectancy of the Participant and his or her Spouse. The life expectancy. of a nonspouse beneficiary may not be .redetermined. All life expectancies shall be determined under the unisex life expectancy tables of Income Tax Regulation Section 1.72-9: Any annuity .contract which is purchased to provide an .optional-.benefit form shall satisfy the minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code and this Section 8.5 and the minimum distribution requirements of the Income Tax Regulations promulgated under Section 441(a)(9) of the Internal Revenue Code. The optional benefit form, if desired, must be specified in writing prior to the Participant's ~ annuity commencement date. ' The monthly pension payable under any optional .annuity form wi11~ be equal to the amount purchased or .otherwise provided by the Participant's- Retirement Value. 8.6 Mandatorv Lumn-Sum Cash-Out. Any Participant whose monthly :Retirement Benefit is less than twenty-five dollars {$25.00) .under the normal form of retirement benefit shall bepaid alump-sum settlement equal to the Participant's. Retirement Value and shall not be entitled to elect any optional benefit form provided under this Plan. '~ 8.7 Limitations on Benefits., The annual benefit otherwise payable under the Plan to a Participant with respect to benefits provided by City contributions under Section 5:5 for any calendar year shall be limited in accordance with the requirements of Section 415 of the Internal Revenue Code so that the rate of benefit accrual- forbenefits provided by City contributions and/or the amount of annual contributions to Participant's accounts in this .Plan shall be reduced by the City to the extent necessary to prevent the sum of the defined benefit plan fraction {as such terms are defined in Section 415(e) of the Internal Revenue Code) do not exceed 1.0 for any Plan Year. If such fractions exceed 1.0,. the total annual Retirement Benefit under this Plan shall be reduced to an amountwhich results iri the- sum of the Participant's defined contribution.. and defined benefit fraction (determined after such reduction of the Participant's allowable annual Retirement Benefit) equaling 1.0. This Section 8.7 shall not apply to Plan Years beginning on or-after January 1, 2000.. 8.8 Distributions one or After January 12001. With respect to distributions from the Plan made for calendar years beginning on or after January i 2001, the Plan will apply the minimum distribution requirements of Code § 401(a)(9) in accordance with the .regulations under Code § 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the Plan to the contrary. This Section 6.Q2(c) shall continue in effect until the end of the last calendar year beginning before the-effective date of final regulations under Code § 401(a)(9) or such other date as may be specified in guidance published by the Internal Revenue Service. 17 ,. +~ ~, 8.9 Distributions to Comply with Tax Laws. In' all events, the distribution of benefits under this Plan shall be in accordance with the requirements of Section 401(a)(9) _of the Internal Revenue Code. and the Income Tax Regulations promulgated thereunder, and the provisions of Section 401(a)(9) of the Internal Revenue Code and such regulations shall supersede any distribution provisions of the Plan which are inconsistent therewith. 18 Death Benefit 9.1 Death. Benefit Prior to Annuity Commencement. If a Participant dies prior to his or her' annuity commencement date (as defined at Section 7.5), and subject to the survivors' income benefits payable pursuant to Section 9.3, the Participant's beneficiary or beneficiaries, as provided in Section 9,.4; will be entitled ~to the Participant's entire Retirement Value at the time of death of the Participant..; Except as provided in Section 9.3, the Retirement Value may be received by the.beneficiary in the. form of a single lump-sumpayment,. straightlife annuity or any. other optional .form of benefit provided under the Plan; ro~ded, however, if the; Participant's beneficiary is not a surviving spouse or a designated beneficiary (within the meaning of Section 401(a)(9) of the Internal Revenue .Code and the Income Tax Regulations promulgated thereunder),. the entire Retirement, Value of the Participant shall be distributed to such beneficiary by the December 31 of the calendar year which contains the fifth anniversary of the Participant's death. The death benefit provided under. this Section 9.1 shall be reduced by any payments to a surviving spouse or-minor children pursuant to Section 9.3, if applicable. For a designated .beneficiary, the Retirement Value may be paid over any period not to exceed such designated beneficiary's life expectancy.. If the designated-beneficiary is-not the Participant's spouse, death benefits will commence no later than the December 31 of the calendar -year .following the calendar year of the Participant's death. Lf the ..designated beneficiary is the Participant's spouse, death benefit payments shall commence no later - than the December 31 of the calendar year in which the Participant would have attained age 70-1/2 had he lived. 92 Death Benefit After Annuity Commencement. In the event the Participant dies after his or her annuity commencement date, the death benefit, if any, will depend on the form of annuity benefit elected by the Participant. If the annuity.benefit was in the form of a straight life annuity, or a straight annuity having no remaining guaranteed payments at death, the obligation of the Plan to pay benefits shall terminate on payment of the amount due prior to such Participant's ` death. Any. excess Retirement Value not paid to the. Participant prior to his or her death- shall be retained by the Plan. 9.3 Survivor's Income Benefits. (a) ~ In the event any active Participant, prior to his or her retirement pursuant to Article VII, should:die while employed by the City but other than in the line of duty, and where: ' ' (i)~ the' Participant was employed by the City as a Police O#ficer on 'January 1, ~ 1984, or was formerly employed as a Police Officer and was in military service as of January 1, 1984; and (ii) the Participant had attained age fifty-five (55) and had completed. twenty-one (21) years of Service with the City as a Police Officer, 19 M C (~ v then a monthly straight life pension benefit equal to twenty-five percent (25%) of the Participant's FinaLAverage Compensation at the time of death shall be paid to the Participant's surviving spouse, if any, during his or her lifetime, or, following the death of the surviving spouse, to the minor child or children; if any, of such Participant during their minority, s~zbject to deduction of the amounts paid as Workers' Compensation Benefits on account of death in the same manner as provided in Section 13.6. If there is more than one minor child eligible to receive benefits. hereunder, each such child shall share equally in the total pension benefit to the age of his or her majority, and. the portion of the. pension benefit paid to any such child will cease upon his or her attainment of the age of ma jority. (b) In the event of the death of any Participant prior to retirement while in the line of duty, or in case death is caused by or is the result of injuries received while in the line of duty, and if the .deceased Participant. is survived by a spouse or minor children, a monthly pension equal to fifty percent (50%) of the Participant's Final. Average Compensation at the time of death shall be paid to the surviving spouse, or upon his or-her remarriage or death, to the minor child. or children during such. child's or children's minority, subject to deduction of the amounts. paid as Workers' , Compensation Benefits on account of death in the same manner as provided in Section 13.6. If..there is more than one minor child eligible to receive .benefits. hereunder, each such .child shall share' equally in the total pension benefit to the, age of his or her majority, and the portion of the pension benefit paid to .any such child will cease upon his or her attainment of the age of majority. ' (c) To the extent that the Retirement Value at the date of death exoeeds the amount required to purchase or otherwise provide .the. pension lienefrt specified under subsection (a) and (b) above, as reduced by any .amounts paid as Workers' Compensation Benefits, the excess shall be paid to the Participant's, beneficiary or. beneficiaries in the masmer provided in Section 9.1. (d) >f deceased Police Officer is not survived by a spouse or minor children, the death benefits provided by this Section 9.3 shall not be applicable and .the death benefits .provided by' the Plan, shall be limited to those benefits described in' Section 9.1, ~ (e) In the event any pension benefit is payable to a .minor child, such benefit shall be paid for the benefit of such child to the child's surviving parent or, if there is ; no surviving parent,'to his or her legal guazdian. 20 i i 9:4 Designation of Beneficiary. (a) By completing and delivering to the Retirement Committee a form provided fore this purpose, a Participant may designate a beneficiary or beneficiaries and ..contingent beneficiary or beneficiaries to receive any death benefits payable under the Plan which are not otherwise required to be paid to a surviving spouse or minor child... The designation of a beneficiary or contingent beneficiary may be changed at any time: A designation or'change will be effective only if duly executed by the Participant and received by the Retirement .Committee prior to the Participant's death. (b) If no beneficiary. shall have been designated, or, if no designated beneficiary shall have survived the Participant, any death benefit (other than mandatory survivor benefits) .shall be paid to the deceased Participant's estate in the form determined by the Retirement Committee. 9.5 Purchase of Annuity Contracts.... Any annuity form of distribution under this Article IX may be provided through the purchase by the Plan of an annuity contract from a legal reserve life insurance company with the Participant's Retirement Value. .Any annuity contract .purchased by the Plan shall be nontransferable and comply with all. applicable requirements of the Plan, -including the requirements of Section 401(a)(9) of the Internal Revenue Code. Upon the purchase of an annuity contract .and the distribution thereof to the beneficiary or beneficiaries entitled to the benefit provided.. thereunder, all obligations of the Plan to pay benefits to such beneficiary or beneficiaries shall terminate, without exception. 9.6 Distributions to Comely With Tax Laws. In all. events, the time and method of distribution of a Participant's benefits under this Article IX shall be in accordance with the requirements of Section 401(a)(9) of the Internal Revenue Code and the.Income Tax Regulations promulgated thereunder,:'and theprovisions of Section 401(a)(9) of the Internal Revenue Code and such regulations shall supersede any distribution provisions of the Plan which are inconsistent therewith.: 21 ~« iR 1 ARTICLE X Distribution of Benefits Upon Termination of Empl_yment 10.1. Termination Benei~it. A Participant who .terminates employment prior to becoming eligible for retiremenrt or death or disability benefits under this Plan will be entitled to a termination benefit in accordance with this Article X and ,will not be entitled to any other benefits provided by this Plan. ', 10.2 Termination Benefit Payment Option. ; By providing. written notification to the Retirement Committee, the Participant may: (a) elect to receive the. accumulated value of his or her employee contribution account in the form of an immediate lump sum distribution with the vested portion of such Participant's employer contribution account, if any, to remain in the Pension Fund to provide a deferred retirement. annuity; or (b) 'elect. to leave. all or a portion of the accumulated value of his or.her employee contribution account, together with'the vested portion of his or her employer contribution. account, if any, . in the Pension Fund to provide' a deferred retirement annuity; or (c} elect to receive the accumulated value of his or her employee contribution account and the vested portion of his or her employer account in a single lump sum distribution. In the event a lump. sum distribution of all or a portion of the employee. account is made upon Termination of Employment, the Participant's Retirement Value shall be reduced by the amount of the .lump sum distribution: In the event a lump sum .distribution of the entire vested Retirement Value is made pursuant to (c} above, all obligations of the Planand the City to provide benefits to the terminated Police Officer and his or her beneficiaries shall terminate, without exception. 10.3 Vesting Percentage. The vesting percentage applicable to the Participant's employer contribution account upon Termination of Employment shall be forty percent (40%) after the completion of four complete years. of Service (as defined in Section 4.1), increasing. by ten percent (10%) for each additional completed year of Service, up to one. hundred percent. (100%) after the completion often (10) .complete years of Service. Notwithstanding the foregoing,. a Police Officer who attains age .sixty (60) while in the employ of the City shall. be one hundred percent (100%) vested in the amounts credited to his employer contribution account.. The. nonvested portion of a Participant's employer contribution account shall be forfeited upon Termination of Employment and accordingly reduce the Participant's Retirement Value under the Plan by the amount so forfeited. 10.4 Payment of Deferred Retirement Annuity. If the terminated Participant has not elected a lump sum payment of the entire vested Retirement Value upon his or her Termination of Employment, the Retirement Value held under.the Plan for the terminated Participant (as reduced. by any forfeitures and lump sum distributions made from the employee contribution account) shall be applied to purchase or otherwise provide a Retirement Benefit as'of the first. day of the. month following the terminated Participant's sixtieth (60th} birthday. By providing prior written notifica- tion to the Retirement Committee, the terminated Participant may elect an earlier commencement of his or her Retirement Benefit beginning as of the first day of any month following the terminated 22 x' C n Y :9 ;M ARTICLE Xi Administration 11.1 Establishment of Retirement Committee. A Retirement Committee shall be established to supervise the general operation' of the Plan; rovided, however, the City shall be responsible for the general- administration of the Plan except for: such specific administrative functions which are delegated, by ordinance or statute, to the Retirement Committee. 11.2 Retiremenrt Committee Members. The Retirement Committee shall include members. from both the police force and designees of the City. .The Retirement'Committee shall consist of six members of which four members shall be elected by the officers of the police, force of the City, and two members shall be designated by the City Council. The members who are not Plan Participants .shall have a general knowledge of retirement plans as a conditipn to appointment as a member. Members of the governing body of the City. may. serve on the Retirement Committee. Retirement Committee members shall be appointed to four-year terms. Vacancies shall be filled for the remainder of the term by a person with the' same representation as his or her predecessor. Members of the Retirement Committee shall receive no salary and shall not be compensated. for expenses. The Retirement Committee shall appoint a chairman from among its members. who shall be authorized to execute any document on behalf of the Retirement Committee. , -11.3 Specific Duties of the Retirement Committee. It shall be the duty of the Retirement Committee. to: (a) Provide each Participant a summary' of Plan eligibility requirements and benefit provisions. (b) Provide, within thirty days after a request is made by a Participant, a statement describing the amount of benefits such Participant is eligible to receive. {c) Make available for review an annual report.- of the. Plan's operations describing both: (i) .the amount of contributions to the Flan from both employee and employer sources and (ii) an identification of the total assets of the Plan and pension system. (d) Beginning December 31, 1998,, and as of each December 31 thereafter, file an annual report with the Nebraska Public Employees Retirement $oard .and copies thereof with the Nebraska Retirement Systems. Committee of the Nebraska legislature in such form and disclosing such .information as prescribed by the Nebraska Public Employees Retirement Board. 24 n~. _ ..... _ s - ., ~~ ~~y 11.4. General Powers and Duties: The City and Retirement Committee shall have such general duties- and powers as may be necessary to discharge their specific duties and to administrate the Plan,-including, but not limited to, the following: (a) To determine eligibility; (b) To determine all questions of fact as to age, years of Service, Compensation, Termination of Employment,: Normal and Early Retirement Dates, contribution .amounts, and similar items based upon Plan records; (c) To adopt rules of procedure and regulations. necessary for the .proper and efficient administration of the Plan; (d) To~ determine all questions arising in the interpretation of the Plan, including the amount- and timing of benefit payments-.from the Plan and all such determi- nations shall be conclusive and binding on all persons to the extent provided bylaw; (e) , To .correct any underpaid or overpaid .benefit from the Plan, .including the.. power ~to order an offset or adjustment of future benefit payments to recover any such overpayment; and (fl To .all, things necessary or. proper pursuant to the duty of administering the Plan and supervising its operations. All administrative powers necessary to operate the Plan shall be vested exclusively with the City unless otherwise specifically. provided by this ..Plan or delegated by ordinance to the. Retirement Committee.. ' . - 11.5 Uniform Administration: Whenever, in the administration of the Plan, any action by the Retirement Committee of the City is required, such action shall be uniform in nature as applied to all persons. and Participants similarly situated. .11.6 ~.iability Limited. In administering the Plan neither the Retirement Committee, nor the City Council., nor any member thereof nor the City and its .officers and employees, or any. -Police Officer thereof, ar any financial institution with which the Retirement Committee contracts, shall be liable fob any acts. of omission or commission, except for his or its own individual, willful, and intentional malfeasance or misfeasance. The City, and its officers and directors, and, the .Retirement .Committee,: shall be entitled to rely conclusively on all tables, valuations, .certificates, opinions, and reports which shall be fixrnished by any actuary, accountant, trustee, insurance company, counsel, or other expert who shall be employed or engaged by the City or the Retirement Committee. ' ~, ,ZS Y T ~} ~~" ARTICLE XII ~~ Pension Fund ' ~~ 12.1 Pension Fund. This Plan and Trust creates and establishes a Pension Fund which shall be the Police Officers' Retirement System Fund required to be kept and maintained by the City pursuant to Section 16-1004(2) of the Nebraska Revised Statutes. All contributions of the City -and Participants .hereunder shall be paid to the Trustee and. held and administered by the Trustee (to .the extent custody of Plan assets is not held by others pursuant to Section 12.2) as a single trust fund. 12.2 Plan Investments. Investment. of the Pension Fund shall be under the general direction of the Retirement Committee. The City, on behalf of the Plan, .may contract with an insurance company, trust company, or other .investment manager registered under the Investment .Advisers Act of 1940 to invest and reinvest such portion of the Pension Fund as' may be assigned by the City. Investment of the Pension Fund may be made without distinction between principal and income. Such. investment contracts may also extend to the establishment, maintenance `and management of any segregated investment fund established pursuant to Section ~ 12.3. Such financial institutions shall under no circumstances be deemed a party to this Plan for any purpose or have any responsibility forthe validity or tax qualification of this Plan. The Pension Fund shall be invested pursuant to the policies established by the Nebraska Investment 'Council. ~ The powers, duties, and responsibilities of any financial institution' contracting to invest and reinvest the Pension Fund shall be limited to those powers, :duties and responsibilities set forth in the contract with the City or Trustee, and the liability of such financial institution shall not exceed or extend to any matter not otherwise specified in such contract. Such financial institution may, to the extent necessary or proper under the contract, have custody of the assets' of the Pension Fund. ~ The City, the Retirement Committee, the Trustee and the City Council, its members, and all officers and employees of the City shall have no liability or responsibility with regard to the investment performance of the portion of the Pension Fund: under management by such financial institutions. 12.3 Directed Investments. Effective September 1, 2001, the Trustee shall cause to be established and maintain at least five (5) funds for the investment of all Trust funds as follows: (a) an Equity Fund, in .which sums received for investment in such fund shall be invested in a diversified portfolip or portfolios of common stocks, dr securities convertible into common stocks, with a view to both income and opportunity of growth in principal value; (b) a Bond Fund, in which sums received for investment in such fund -shall be invested in a diversified portfolio or portfolios of interest-bearing bonds, commercial paper, bankers' acceptances, or debt securities; 26 ~. < ~ '" (c) a Short-Term Interest Fund in which sums received for investment in .such fund shall be invested in a diversified portfoiio or portfolios of .short-term interest bearing notes, commercial paper or deposits, including certificates of deposit, bankers' .acceptances, repurchase, agreements, and other similar interest-bearing or fixed-income investments;. (d) ~ a Diversified Fund in which sums received for investment in such fund shall be invested in a diversified portfolio or portfolios of both equity and interest-bearing securities, including stocks, bonds, mortgages, money market funds, fixed-income securities, and any other investment medium as the Trustee may deem advisable from time to time; and (e) an Internatianal:Fund in which sums received for investment in such fixnd shall be invested in a diversified portfolio or portfolios of both. equity and interest-bearing securities, including stocks and bonds and money market instruments, on a global basis, -with an objective of long=term capital growth-and current income. The foregoing Funds shall be maintained and administered solely by the Trustee, and investments','or'reinvestments of-each Fund shall be made by the Trustee without distinction. between principal and income. The Trustee shall invest and administer such Funds in accordance with the investment guidelines for -each Fund, but shall otherwise be authorized to invest in such particular investments, within the United States, as the Trustee may deem advisable, provided such investments are authorized for trustees under the laws of the State of 1Vebraska. The Funds may be invested wholly or partly: through (i) the purchase' of shares. in a mutual fund. or funds; or (ii) the medium of .any common.; collective, or commingled trust fund maintained by a bank or other financial institution (including the Trustee) and which is qualified under Section 401(a) and 541(a) of the Internal Revenue Code, to constitute. a part of this-Plan and Trust. The Trustee may, ~ in its discretion, hold in cash such portion of any Fund as shall be reasonable under the circumstances, pending investment or payment of expenses or distribution of benefits, without liability for interest; or, in the alternative, alI of such temporary cash positions may beheld in interest-bearing deposits of any bank 'or financial institution (to include the Trustee). 12.4 `Chance in Investment .Direction. Subject to such reasonable .and non- discriminatory .rules, .limits, and .procedures as the Trustee and Employer may .establish, each Participant shall determine'.. the manner in which contributions allocated to his Plan accounts, including all .earnings :and gains thereon, are to be .invested and reinvested among the Funds established in Section 12.3, by providin specific written directions to the Plan Administrator and Trustee in the. manner required by the Pl Administrator. Such investment direction shall specify the percentage (in multiples of 5 percent) of all contributions which are made on the Participant's behalf under the Plan that shall be invested in the Funds, or -any single: Fund. Unless an effective investment is .made .by the Participant, all Plan accounts for such Participant shall be invested in the Short-Term Interest Fund.. 27 ~ r; Any investment .direction. given by a Participant shall be deemed. a `continuing .direction until changed. A Participant may change an :.investment direction as to future contributions, as of January 1, April 1, July 1 or October 1 (the "Change Date") of any,Plan Year, by filing a written notice of such change in investment direction with the Plan Administrator at least thirty (30) days prior to the Change Date. A Participant may also direct. as of such Change Date-that all, 'or any multiple of 5 percent, of his interest in one or more of the Funds be liquidated and the proceeds thereof transferred to another Fund or Funds, in one .lump sum, as of any .Change Date, provided .such direction is given in writing to the Plan Administrator at least thirty (3 0) days prior to :the Change Date. All Fund liquidations shall be .based upon the. Fund valuations as of the valuation date immediately preceding the Change Date. 12.5 Fund Gains -and Expenses. All dividends,gains, income, ,interest, and distributions of every nature. received in respect of the assets held by a particular Fund shall be credited solely to such Fund and shall be reinvested in the investment assets of the'Fund from which the earnings were derived. All losses attributable to a Fund shall be debited to such Fund alone, and shall accordingly be borne by and payable proportionately from those Participant accounts which are invested in such Fund. Unless paid by the Employer, the expenses of a particular'Fund, .such as commissions, transfer taxes, management fees, and other related investment expenses, shall be charged and debited to such Fund. , 12.6 Investment Advisers. The Employer .shall have .the power to appoint or remove one or more investment advisers and to delegate to such adviser authority. and discretion to manage the assets, of the Trust Fund or of any Fund established pursuant to Section 12.3; provided that (i) such adviser is either a bank, an insurance company, or a registered investment adviser under the Investment-Advisers Act of 1940 and shall acknowledge in writing that it is a fiduciary. to the Plan; and (ii) the Employer shall periodically .review the investment performance .and methods of each such adviser. ' 12.7 Liability of Fiduciary. No person who is a fiduciary to this Plan, including the Trustee, shall be liable hereunder for any loss, or by reason of any breach, which results from a Participant'sdirectiontpat his Plan accounts be invested in the Funds established hereunder. 12.8 Regulated Investment Company Mutual Funds. Notwithstanding. the provisions of Section 12.3 above, the Employer may direct that any or all of the Funds established under Section 12.3 consist of one or amore mutual funds sponsored by a .regulated investment company selected by .the Employer. In the event such mutual funds are selected by the Employer, the Trustee shall not be liable for any loss, or by reason of any breach, associated or in any way connected with the Employer's selection and retention of any mutual fund as an investment medium for the Plan. .12.9 Trustee Powers and Duties. The Trustee shall act as official custodian of the cash, securities,. and other assets of the Pension-Fund not in the custody of the financial institution 28 4, ~ ~ ?• .under contract to invest the Pension Fund or under agreement to safekeep Plan assets, including any investment funds established pursuant to Section-12.3, and shall provide or make arrangements for adequate safe deposit: facilities for the preservation of such assets subject to the direction of the Retirement Committee, and shall receive all contributions made to the Plan.-and provide for all transfers of cash and money necessary for investment of the Pension Fund; rop vided, however, the .payment of any money to Participants, beneficiaries, or far the expenses of the Plan shall be payable ' only upon the ..direction of the Trustee and .all :deposit and withdrawal agreements with outside financial institutions handling ,Plan assets shall require that Plan assets .and moneys may- be withdrawn only upon the direction of the Trustee. The Trustee- shall keep and maintain adequate records- of the investments of the Pension Fund and shall be responsible for maintaining the employer ,and employee contribution accounts pursuant to Section 5.1. The Trustee shall, to the extent required by the City ar Retirement Committee, furnish a surety bond payable to the Plan and/or City in such amount as maybe acceptable to the City insuring hisllier duties and responsibili ties hereunder...: The cost of any -such bond shall be paid by the City. The Trustee shall assist the Retirement Committee. in the preparation of all reports and documents required under Sections 16- 1001 to 1019, Nebraska Revised. Statutes or as otherwise, required in administering the Plan, but shall have no further duty to account. or report except as may. be specifically required by law, 12.1 Q Insurance Contracts. In no event shall :the City, the .Retirement Committee, the Plan, the,Trustee, or the. City Council, and their respective members, officers and employees, or any other person, be responsible for the validity of any insurance or annuity contract which may be .held as part of the Pension Fund or which is purchased by the Plan and distributed to a Participant as beneficiary to provide benefits hereunder, or for the failure on the part of any insurer to make payments or provide benefits under. -any such contract, ar for any inability to perform or for any delay in performing, any: act occasioned by any restriction or provision of any insurance or annuity contract or by the insurer or any other person or entity. '~ 12.11 .City Treasurer as Trustee. The duly elected or appointed City Treasurer . shall. serve as the Trustee of the .Plan at all times: In the .event of the election or appointment of another personas City Treasurer, such person shall automatically succeedto the office of Trustee as of the date he or she takes office, and the prior City Treasurer shall thereupon be discharged and removed as Trustee. 12.12 Ex eo nses. Subject to Section 12.5, all expenses of the Plan and Trust; other than direct transaction expenses (such as brokerage costs for the investment ofPlan assets) shall be paid by the City; rovided, however, funds from the forfeiture of employer contribution accounts in any Plan. Year shall be applied to the payment of Plan expenses incurred by the City for such year before being. credited. against the City's contribution obligations. pursuant, to Section 10.6. Any Plan expenses not paid by the City shall be reimbursed out of the Pension Fund. All taxes of any kind or description which may be assessed against or in respect of the Pension Fund shall be paid from the Trust. 29 Jl ARTICLE XIII Miscellaneous Provisions 13.1 Non-Alienation of Benefits. ,None of the benefits payable under the Plan will be subject to execution,` garnishment,- attachment or assignment. under the bankruptcy laws, or otherwise be .subject to the claims of any- creditor, of any Participant, 'beneficiary, spouse or contingent annuitant, nor will any Participant, beneficiary, spouse or contingent annuitant have any .right to alienate; anticipate, commute, pledge, encumber or assign such benefits: Notwithstanding the foregoing, the, Plan may ,comply with any directions set forth in a qualified domestic relations order, meeting the requirements of Section 414(p) of the Internal. Revenue Code (to be applied as if Section 414(p) of the Internal Revenue Code is fully applicable to this Plan); row however, no benefits will be paid, assigned, or set aside for any person unless- and until. the Plan has received such releases and benefit waivers from the Participant or any other person as the City or Retirement Committee may deem necessary or appropriate to protect the Plan and the City from any claims which may arise as a result of the Plan complying with .the provisions of any' qualified domestic relations order. In no event.. shall the Plan recognize any domestic relations .order which alters, changes or provides .for a form of benefit not otherwise provided for under the Plan, increases benefits not otherwise provided by the Plan, or accelerates or .defers the time of payment of Plan benefits, except to the limited extent allowed under Section 414(p)(4) of the Internal Revenue Code. The Retirement Committee shall establish procedures in accordance with Section 414(p) of the Internal Revenue Code for determining. the qualified status of a domestic relations order: served upon the Plan. The City and the Retirement Committee shall follow all applicable procedures set forth in Sections 414(p) of the Internal Revenue Code which apply when. a domestic relations order is received, including issuing appropriate instructions to the Trustee or other funding agent with respect to segregating amounts in separate accounts pending the resolution of all matters relating to the domestic relations order and the distribution of Plan benefits with respect thereto, 13.2 Plan Not a Contract of Emplo~nt. The Plan shall not be deemed-to constitute a contract between the City and any Police Officer, or to be a consideration. for .the employment of any Police Officer. Nothing in the Plan shall give any Police Officer the right to be retained in the employ of the City; all Police Officers shall remain subject to discharge, discipline or lay-offto the same extent as~if the Plan had not been put into effect. 13.3 Modification or Discontinuance of the Plan or Complete Discontinuance of Contribution. i (a) The City expects and intends to maintain the- Plan in force indefinitely, but necessarily reserves the right to amend, suspend or terminate. the Plan at any times as .may be required or permitted under the applicable Nebraska Statutes. (b) Prior to the satisfaction of all liabilities with respect. to Participants, joint annuitants and beneficiaries under. the-Plan, no change shall be made-which shall 30 ~-. r result in any portion of the Pension Fund being used for. other than the exclusive benefit of such persons. ,, 13.4 Vesting; and Allocation of Pension Fund on Termination of Plan or Complete Discontinuance of Contributions. In the event that either the Plan shall be terminated, or there shall be a complete discontinuance of City contributions, the Retirement Value of each Plan Participant to the date of such termination or discontinuance shall be fully. vested to the extent then funded. The assets then remaining in the Pension Fund shall be applied in the following order, all persons in each order of priority being entitled to their. perspective proportionate. share before proceeding in the order of priority next following: , (a) Provision to Participants whose retirement income has commenced and their 'joint annuitants and beneficiaries of any benefits to which they shall be entitled or contingently entitled under he Plan.; (b) Provision ' to retired Participants whose retirement income has not commenced and `to their joint. annuitants and beneficiaries. and to disabled. Participants of any; benefits to which they .shall be entitled or contingently entitled under the Plan. (c) Provision to Participants who shall at that,time be entitled to retire normally, and to their joint annuitants and beneficiaries, of the benefits, to which they shall be .entitled or contingently entitled under the Plan; (d) Provision to Participants who would at that time with the consent of the Plan Administrator be entitled to retire early, and to their joint annuitants and beneficiaries, of the benefits to which they shall be entitled or contingently. entitled -under the Plan; (e) Provisions to all other Participants and their joint annuitants and beneficiaries of the accrued benefits to which they shall be entitled or contingently entitled under the Plan. For purposes of this subdivision, accrued benefits shall be calculated at the date of termination of the Plan . or complete discontinuance of contributions; (f) .Any surplus remaining in the Pension Fund, after the- satisfaction of all benefit:. rights or' contingent .rights .accrued under the Plan, shall,. subject to the pertinent provisions of federal or state law, be returned to the City. 13.5 Qualification of Plan. The City reserves the. right to make such amendments to this Plan, if any, as will be required to enable this Plan to qualify. fortax purposes under Section 401(a) of the Internal Revenue Code as atax-qualified plan. ' 31 +` F '" ,, 13.6 Workers° Compensation Benefits. Notwithstanding any other provisions of the Plan, no Participant shall be entitled during any- period of disability to receive in full, both benefits under this Plan provided by the. Participant's Retirement ;Value- and additional benefits: under. the Nebraska .Workers' Compensation Act. Similarly, beneficiaries shall not be entitled to receive, in full, both death benefits under this Plan and additional benefits under. the Nebraska Workers' Compensation Act.' All; Nebraska Workers' .Compensation Act benefits shall be payable in full to such Participant or his or her dependents as provided in such Act, but all amounts paid by the City or its insurer under said Act, to any disabled Participant entitled to receive a salary during such disability, or to the surviving spouse or children of any deceased Participant, shall be considered as payments on account of such salary and shall be credited against the benefits provided hereunder.. The remaining balance of such benefits, if any, shall be payable as otherwise provided under this Plan. In the event a lump sum benefit or settlement is paid in lieu of a periodic benefit under the Nebraska Workers' Compensation Act, such payment will, for ~ the purposes of determining the benefit paid from this Plan, be converted to a periodic benefit. on an actuarially equivalent basis and such equivalent periodic payment will reduce the monthly benefitpayment otherwise payable under. this Plan in the event of disability or death. 13.7 Merger or Consolidation. No merger or consolidation of this Plan with (or transfer of assets or liabilities to) any other plan shall be effective unless the benefit to which each Participant subsequent to the merger, consolidation, or transfer would be entitled in the event of that successor plan immediate termination is at least equal to, or greater than, the'benefit to which the Participant would .have been entitled under this Plan had it terminated immediately before the merger, consolidation or transfer. 13.8 Tax Withholding. The Trustee shall'withhold from the benefit payments to be made to any recipient under this Plan such taxes as may be required to be withheld by applicable state and federal tax laws, and such withheld taxes shall be promptly remitted to the proper governmental authority. 13.9. Invalidity of Certain Provisions.. If any provision of this Plan shall be held invalid or unenforceable, .such invalidity or unenforceability ,shall: not affect any other provision hereof and this Plan shall be construed and enforced as if such provision had not been included: T3.10 Additional Limitations. In case it becomes. impossible to perform any act under this Plan, that act shall be performed which, in the judgment of the City, will most. nearly carry out the intent and purposes- of this Plan, and. all parties to this Plan or in any way interested shall be bound by any acts performed. under such conditions. 13.11 Compliance with Internal kevenue Code., Notwithstanding anything herein to the contrary, the: Plan shall be administered in a manner. necessary to comply with all tax qualification requirements applicable to government retirement plans under Section 401(a) of the Internal Revenue Code, as the same may be amended, and all provisions of this Plan shall be . construed in accordance .with such qualification requirements and. shall, by this reference, ~~ 32 ~~ ~ - ~. ~' ~ incorporate any subsequent changes made to such qualification requirements as the same may apply to this Plan.- I3.12 Counterparts. This Flan and Trust may be ~ executed in two or more counterparts, anyone ofwhich will be an original without reference to the other. _, ', 13.13 Plan- Construed as a Whole. The provisions of the Plan shall be construed as a whole in such manner as to carry out the provisions of the Plan and shall not be construed sepa- ratelywithout relation to the context. ~' 33 r IN WITNESS WHEREOF, the City of Blair, Nebraska, has, caused this amendment anal restatement of the Plan and Trust to be executed by its .duly authorized -city officer and the Trustee has executed this amendment and restatement of the Plan and Trust this day of 20_, effective as of CITY OF BLAIlt, NEBRASKA e By Its TRUSTEE: Treasurer of the City of Blair, Nebraska DOCS/433355.2 ,, ~~ i 34 RESOLUTION Np. 2001,23 WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, have been presented with the. attached Emergency Plan for Nuclear Power Plant incidents which provides for a coordinated effort and response to an emergency situa#ion at the Fart Calhoun Nuclear Power Plant which could (result ire a partial or a total evacuation of the City. pf Blair, and WHEREAS, the Municipality is in agreement with such Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNGtL OF THE .CITY QF BLAIR, NEBRASKA, THAT the City of Blair hereby approves the proposed Emergency Response Plan for Nuclear PoVver Plant Incidents as specified therein. PASSED AND APPROVED THIS 14th DAY OF AUGUST, 2001. CITY OF k~LAIR, NEBRASKA r,__. MA 4R ATTEST: 2 ~ ~ CITY CLERK STATE OF NEBRASKA ss WASHINGTON COUNTY Brenda Taylor, hereby certifies that she is the duty appointed, qualified, and acting Gity Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed a# the regular meeting of the Mayor ar~d City Council held on the 14t" day of August, 2081. D ~1 CITY CLERK 2®01 Chances to Wash ngton County Flan Page Descriptl Paragraph Change Description Remarks No. Location No. Title Page Change the date to 1 April 2001 List of Added the list of effective pages to allow Effective better understanding of where the Page ~ changes are located in the plan. Resolutions New resolutions from the County and the Cities of Blair, Ft. Calhoun, & Kennard. Signature New signature pages included. Pa e Distribution Copies of the Washington county plan will List be sent to the included entities added to the distribution list. 2 Basic Plan 11.1. Broke down the classes of emergency workers for definition. 3 Basic Plan II ;N. Spelled out NEMA and changed letters following. 7 Basic Plan IV.A.2. Changed date of SEOP to mo$t current date. 9 basic Plan IV.J. Changed date of State REP Plan. 15 Basic Plan VII.B. . Changed "Chief of Planning Division" to "Radiological Programs Manager". A 2 Annex A II.A. Location of the Washington County EOC is changed. A 3 Annex~A III.E.6. Deleted -the Re ion 5/6 Coordinator is the Washington County EM Director. Page Descript/ Paragraph Change Description Remarks No. Location No. A 5 Annex A Changed wording for the Alternate EOC to reflect the same as in the all hazards plan R 14 Annex, A Att. 2 ~ Dana College deleted, Herman Elementary inserted. ~~"" ~~~/~ A 16 Annex A, Updated phone numbers. - Att.3 A19 A 29 Annex A, Inserted new map that reflects change in Att. 4 Douglas County population. A 38 Annex A, In front of "County EM Director added Att. 8 "Asst." B-4 Annex B IV.A.S. Changed the 15-minute time requirement to "timely manner and defined that term. B-17 Annex B Annex B, Inserted updated notification form. Att.5 B-21 Annex B Annex B, Under the REp CROSS Att. 6 REPRESENTATNE, the title is starred and the note below says that only the Red Cross Rep. Is notified and that person, in turn, notifies those listed under that position. B-23 Annex B Annex B, Changed KFAB to NWS and phone Att. 7 number to reflect the change in II.C.1.b. notification procedures. B-23 Annex B Annex B, Deleted the 15-minute notification time Att. 7 ~ and inserted "timely manner. ILC.2. C-6 Annex C IV.G. Correc#ed the location of facilities for prisoners. Page Descript/ Paragraph Change Description R®marks No. Location No. C-11 Annex C Annex C, Changed "Borup Coliseum° to "Herman Att.1 Elementarya. C-23 Annex C Annex C, ~ Updated all law enforcement resources. Att. 4 C-24 Annex C Annex C, Updated the law enforcement contacts. Att. 5 E-7 Annex E Annex E, Updated all media contact information. Att. 2 E-9 Annex E Annex E, Changed KFAB to NWS to reflect new App. 1 notification procedures. I.A. E-10 Annex E Annex E, Changed KFAB to NWS tq reflect new App. 1 notification procedures. I.B.2. and I.C. E-11 Annex E Annex E, All messages have been changed to thru App. 1, Att. reflect Emergency Public Information (EPI) E-78 1 messages and are the same messages contained in the Nebraska State RERP. F-2 Annex F II.D. Changed "two nursing homes° to °four nursing/assisted living homes° and reflected the capacity change. f F-3 Annex F III.B.4. Changed ~HPP~ to "Decontamination Specialist because there will no longer be an HPP at the decon center from HHS Regulation & Licer~sure. HHS Regulation & Licensure has changed the way they do business and this reflects that Chan e. F-3 Annex F (II.C.3. Updated those who have attended the radiological monitoring course. Page Descript! Paragraph Change Description Remarks No. Location No. F-4 Annex F Il1.D,2.c. Updated the responsibilities of the RO. This reflects items from p. F-5, 4. a-e. under the HPP duties that were moved to p. F-4 and delegated to the RO. F-5 Annex F III:D.4. Redefined the position of HHS from sending an HPP to a Devon Specialist and reflecting their new way of doing business. F-7 Annex F IV.B.4. Changed the location of the emergency worker decon station from Dana College in Blair to Herman Elementary in Herman. F-7 Annex F IV.C.2. Changed the wording to reflect that the R4 will issue TLDs to workers if necessary. F-9 Annex F IV.D.3. At the top of the page, changed the page number of the table. F-10 Annex F V.D. Changed page numbers. F-10 Annex F V.G. Ghanged emergency worker decon from Dana College to Herman Elementary. F-13 Annex F Annex F, Changed emergency worker decon from Att. 1 Dana College to Herman Elementary. F-13 Annex F Annex F, Changing HPP to Devon Specialist, if Att.1 available. F-14 Annex F Annex F Chan ed emer env worker decon from Att. 1 Dana College to Herman Elementary. F-16 Annex F Annex F, In the last item, added °notify" and issue Att. 1 the KI to emergency workers. Page Descript/ Paragraph Change Description Remarks No. Location No. F-17 Annex F Annex F, ~ Changed emergency worker decon from Att. 1 Dana Goltege to Herman Elementary. F-19 Annex F Annex F, At the bottom of the page in the last Att. 2 paragraph, changed the HPP to the RO. F-22 Annex F Annex F, In the next to last paragraph, changed the Att. 3 HPP to RO. (otd F- 2s tnru F-25) Annex F Annex F, Changed the formatting of the list and F-23 Att. 4 location of kits and added "NEMA~ #o and paragraph A. F-24 F-25 Annex F Annex F, Changed emergency worker decon from Att. 5 Dana College to Herman Elementary. I.A. F-25 Annex F Annex F, Changed HHS to NEMA in whom is Att. 5 furnishing survey instrumentation. LC. F-25 Annex F Annex F, Changed the wording that the walkway will Att. 5 be roped ofF. This eliminates the I.D.4. necessity for paper on the walkway. We were told this was acceptable from Joe Keller and FEMA from the Ft. Calhoun 99 Evaluated Exercise. F-28 Annex F Annex F., Changed emergency worker decon from Att. 5 Dana College to Herman Elementary. li.A. F-28 Annex F Annex F, Added the portal, monitor to the list of Att. 5 equipment and renumbered. Ii.B.5. Page Descripti Paragraph Change Description Remarks No. Location No. F-30 Annex F Annex F, ~ This is a map of Herman where the Att. 5 emergency worker decon station will be located. F-31 Annex F Annex F, This is a new map of the Herman Att. 5 Elementary School for the emergency worker decon station. This floor plan shows emergency worker monitoring and decon only. F-32 Annex F Annex F, This is a new map of the emergency Att. 5 worker decon station at Merman Elementary. This map shows the parking lot of Herman Elementary for vehicle monitoring and decon only. F-33 Annex F Annex F, This page was deleted. Att. 5 F-34 Annex F Annex F, Changed page number to F-33. Att. 5 F-35 Annex F Annex F, Changed page number to F-34. Att. 5 F-36 Annex F Annex ~, Changed page number to F-35. Att. 5 F-37 Annex F Annex F, Changed page number to F-36. Att. 5 F-38 Annex F Annex F, Chan ed a e number to F-37. Att. 5 F-39 Annex F Annex F, Changed to page F-38 and in the first Att. 5 paragraph below the numbers reflects the addition of the portal monitor at the Reception and Care Center only. Page Descript/ Paragraph Change Description R®marks No. Location No. F-40 Annex F Annex F, Changed page number to F-39. Att. 6 F-41 Annex F Annex F, Changed page number to F-40. Att. 7 F-42 Annex F Annex F, Changed page number F-41. Att. 8 F-43 Annex F Annex F, Changed page number F-42. Att. 9 F-44 Annex F Annex F, ~ Begins on page F-43. Att. 10 {new) F-43 Annex F Annex F, Changed "State Instrumentation Shop" to Att.10 "the Radiological Systems Manager at I.B.2. NEMA.° F-46 Annex F Annex F, This is renumbered to page F-45 and Att. 10 reflects the correct numbers and changed locations because of the emergency worker decon station change. Also, the new RO is named in B. F-47 Annex F Annex F, Changed page number to F-~6. Att. 11 F~48 Annex F Annex F, Chan ed a e number to F-47 and added ` Att. 12 portal monitor information. G-1 Annex G This organizational chart replaces the evacua#ion/reception rou#ing chart. That chart is moved to another page in the annex. Page Descripti Paragraph Change Description Remarks No. Location No. G-5 Annex G Annex G, Updated the changes for the Ft. Calhoun N.1.4. schools bus number and capacitor. G-16 Annex G Annex G, This was moved from G-1 and became Att. 2 Attachment 2. G-17 Annex G Annex G, This ald Att. 2 becomes Att. 3 and all Att. 3 school data information was updated. G-19 Annex G Annex G, This is old Att. 3 and becomes Att. 4 and Att. 4 the public transportation information is updated. G-20 Annex G Annex G, This is old Att. 4 and becomes Att. 5 and Att. 5 the bus data information is updated, G-23 Annex G Annex G, This is old Att. 5 and becomes Att. 6 and Att. 6 all informa#ion has been updated. G-25 Annex G Annex G, This is old Att. 6 and becomes Att. 7. Att. 7 G-29 Annex G Annex G, This is old Att. 7 and becomes Att. 8. Att. 8 , G-33 Annex G Annex G, This is old Att. 6 and becomes Att. 9. Att. 9 i.B. At the bottom of the page, the reference to HHS has been deleted and re laced b the RO. G-36 I Annex G I Annex G, I This is old Att. 9 and becomes Att. 10. Att. 10 I Y I. w RESOLUTION NO, 2001- ~4 COUNCIL MEMBER ABBOTT TNTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor appointed several members of the general public and mem~rs of the City Council of the City of Blair, Nebraska to comprise a ~tailroad Safety Committee for the City of flair, Nebraska.. WHEREAS, the Railroad Safety Committee has recommended that the City Council of the City of Blain Nebraska adopt a resolution urging the Board of Education fox School District No. 1 of Washington County, Nebraska, to adopt a, policy, whereby no school bus loaded with children should cross any railroad intersection in the City of Blair, Nebraska, except for the railroad intersection at the west edge of Blair on U.S. Highway 91, and that, as an alternative, all buses should be routed to 19~ Street to use the railroad underpass. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLA]R, NEBRASKA, that the Board of Education for School District No. 1 of Washington County, Nebraska, is hereby urged, in the imterest of public safety, to adopt policy whereby all school buses loaded with children avoid crossing railroad intersections in the City of Blair, Nebraska, except for the railroad intersection at the west edge of Blair on U.S. Highway 91, and that, as an alternative route, such school buses should be directed to cross the railroad at the underpass located on 19~' Street in the City of Blair, Nebraska; and furthermorex that the Board of Education urge other school districts attending activities in the City of flair, Nebraska, to also utilize the railroad underpass located on 19~` Street in the City of Blair, Nebraska. BE IT FURTHER RESOLVED that representatives of the City of Blair forward a copy of this Resolution to the Board of Education for School District No. 1 in Washington County, Nebraska and to cooperate with the Board of Education to assist in the promulgation of such +' •.'., r _a traffic safety regulation. ~OUNCII. MEMBER ABBQTT MOVED THAT THE RESOLUTION BE ADOPTED AS REAP, WHICH SAID MOTION WAS SECONDED BY COUI~T~IL IVIEMBBR FANt~Ei*,E , U~'ON ROLL CALL, COUNCIL MEMBERS SHOT'GVELL, FANC~ELE~ MCI~~IANICrAL WOLFF, ABBOTx AND $CF~'AR VOTINCr "AYE" AND COUNCII, METERS NONE YOTIlVO "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED ANA APPROVEb THIS 14TH DAY OF AUGUST, 2~1. CITY QF BLAIR :NEBRASKA ATTEST: BR~'NDA R. T'AYLO CI"T'~` CLERK. (fiEAL) STATE OF NEBRASKA ) :ss: WASHINGTON- COUNTY } BRENDA R. TAYLOR hereby c~rtiftes that she is the duly minted, ~uslified and acting City Clerl~ of the City of Blair, Nebraska, and that the abdve sand foregoing: Resolution was gassed and adopted at a rE~gular meeting of the 1V.layor a~cl. City Council of said city,. held an the ~4~` dayofAugust, 2001. BRENDA R. T.AYLUR, CLERK RESOLUTION N0.2001 - 25 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLY7ITON: WHEREAS, Omaha. Public Power District (beremafter referred to as "OPPD") has submitted aRight-of -Way Easement for placement of poles, wires, cables, fixtures, guys and anchors and other instrumentalities on property owned by the City of Blair, Nebraska. NOW THEREFORE, $E IT RESOLVED BY THE IVIAYOR AND CITY COUNCIL OF THE CITY OF BLALR, NEBRASKA, that the Right-df Way Easement agreement between the City of Blair, Nebraska and Omaha Public Power District, a copy of which is attached hereto, marked Exhibit "A" and incorporated b~ this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska.. BE IT FURTHER RESOLVED TILE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Right-of--Way Easement on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAiD MOTION WAS SECONDED BY COUNCIL, MEMBER FANQELE UPON ROLE, CALL, COUNCH.MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MC'MANIGAL, WOLFF, ABBOTT` AND BTFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28~ DAY OF AUGUST, 2001. CITY OF BLAIR, NEBRASKA B C L A. S, MAYOR -1- ATTEST: ~1. BRENDA R T~.YL 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 and City Council of said City, held on the 28~` day of August, 2Q01. BRENDA ~. TA~I.OR, Y CLERK -2- OCT-29-2001 11135 _ P.02 33~ ,~oQ r 1.11(c0 '~ ! I ~ 1J STA~OFME9fIASt(n ,Ut"'Tv fIF41'P.Stp:U(iTUtd SS ~- I eaf,vn•r•rt `•~ i:N1`& D fN Nllty~El;lGAl. t t;x M10 FiLEO FOR '0p d~ ~ ,.. •~-~'`-~'- THIS ~ UAY OF ~~~~gIiC1t~A,D. 20,f.1,( ~ .,eU'•rd~ 01 $~~' AT ~ D'dtt~~ ANUr~p~O~p~oiHaooK ! vr,,~rr„rat ~ ~ r3F1 9: ~I TPAGE ! -'+~~•r:••~at .-.~.. CNARtoTTtt fl~f I~ a..,~.5~(l~t+ ~'2.Q 117. t0 a?'l.~ i ,:•.r n~'„[ ....~..- U'ASHf/1QlA ~~dUNTY,~tER1; NE'I!It ~F't)yU6HK May 1, toot °~. - . f ' ~.. _... I RIGI~VT-OF-~uVAY 11ASEM~NT 1 City of Blair, Nebraska ' Owner(s) of tiro real estate dcacrlbed as follows, atrd'lu~cr referred to •as "Grantor", • • ~ '•- Tax Lot Five (5), loctttt:d in the Soutl~easl ()t-arter pf the Southeast Quarter (S13/, SBI) of Sectiarl Six (G), Township Eightec (I8) Nortlz, Rattge Twelve (12) attd Tax Lats Sixty-nine (G9) and Seventy (70) lyin in the Not'tltcasl Qttartc7 of the Northeast Quarter (NE'/e NI'/~) in Section Seven (7}, T slilp Cslghteen (I8) Nortll, Range Twc,lve (12) bast of the Gth 1'.M., Weshingttnt County, Nebraska. in consideration of die sum of Una Dnllar ($l.00) an~ vdrer valuable conslderaliou, receipt of whtch Is hereby acknowledged, do hereby grant to lire UMAFIA PU IC POWER DISTRCCT, apublic corporation, !te sutcessors and assigns, hereafter referred to as "Dist IG", a perntattent right of way easement to install, operate, maintain, repair, replace, and renc~v its electric teeth ice over, upvn, above, alnng, under, in and across [hc following described real estate to wit; i A strip of laud 7 en feat (I p') in width being Underground cables as ca[s[ructad. Also a feet (12') each side of and abuuitrg the piss hereof Cor sketch aC approxhuate location oI CONDl'ftONS: Whsra the Dtstrict'a faclUHes arc cnnstructcd the D and;anew said facllitles consisting of polos, wires, within a strip of tend as indicated above, togedter a to provide a minitnuta clearance from the overhead The District shall have the right of ingress and ogre granted, Such ingress and egress shall be exeniscd Five feet (5') each side of and abutting lire 1)lstrlet's .[rip of land Twenty-four feet (24') in wlddr being Twelve ot's Overhead facllitles as cottslrucled. (See reverac side he District's facilltles.) riot shall have the right to operate, ataintatn, repair, replace bias, fi+turca, guys and anchors attd vthcr Instrumentalities the riglu to trim ar remove any trees along said liuc so as cilities of at leas) Twelve feet (12'). across die Grantor's properiy for any purpose herelnlrefon; a reasonable manner, Where the District's facllitles have been installed, no~lrccs, pentta[rent buildings or outer structures shall be placed in or eneraach the ettscmcnl and tW change pf grade levation or any excavations shall he made Iherela withnu! prior written approval oP the District, but the same v be used for landscaping or oilier purposes. lira[ dv trot dtett -- pr later tnlcrftne with the granted easement uses, Where ilia District's faculties arc placed adjticcnt to ~ranrur's property llrre, Grantor hereby grants the owner of said adjacent properly, or his agent. reasonably accts to Ihr~ Tistrict's fncllltles. It is further agreed that Graalor has lawful possesslor~ of said real estate, good; rigltt and Lawful autharlly [t+ make such coaveyanec and that hisPoerRte/their heirs, cxcc'tars, a<bnintatrators, successors and assigns sball warra,u and defend Wa same and wilt lndatnaify and !told her css the District totevar agalt~ct the cloture of all Ix:rsnna whomsoever in any way asserting any right, dlla or t terest privy to or contrary to this cpnveyancc, IN WITN$S3 WHLxI2130P, Uu Owner(s) Imva nneeuted Ur~ hruuwrrsra UUa $ t y n(_ ~tuaus t __ 20 Q 1. ' OWNICRSISICNATURI'+,(S) c~. ~ ' ~i ` ;'L 1 ae A. roes ~ a'~ y6.t cr ~~ ~~ ~ ~ 82 O~ (4 <COMPLE'lY+: ACKNOWLLrIX:IIMI;TPC ON lil;'yLRSF SII?E li+ +OF> --... :, ' .i •• .._._._ ...__... _. .... I. ~~ c ` • QCT-23-2001 '.1136 P.OA _ __._. ....' ~. ~: ,. ~ .~~a+~, ~. .. ItLrSUi,U't'I 1 t ~DN N0.2~Ot11 = 25 GO[JIVCIL MEMBER FANUELFS INTROU CF.iJ T[II; I~ULLQWING ItESOLUTIUN: WIIIaREAS, Omaha Public Pawei. T~' (hereinafter. refeirod to as "OPPA"} I~as subtnitteii-a night-oE'-Way,~nt for Plac~ mern of polt~, wires. cableB, C~~ch~r~. g~3,a ~d - aaehors anci otl~r instrntnCntaifties oa pro owned by the Clty of Blair, Nebraska. ' ~ , , < `NOW ~HERl3FORL+, gE 1'I' RFSOL 8U BY THE MAYOR ANll GI1Y COUNCIL OF , TFIF CITY OF BIAIR;'NILl3RASKA, that fh Right-nI'Way Easenxent agreement bctw~n the ~ City of Blair, Nebraska aad Omaha I'ub,>I<y i'o District, a copy of which is attached hereto, ~ ,., marked .Exhibit "A" aad incotparated by flue ference herein, is haieby accepted-and adopted by ' i f the City ofBlair, Nebraska. BE iT FURTIiER R~SOL.VED 'I:I iE I ~(AYOR AIYll TEIE CITY CLERK of Blair, Nebraska are hereby aut}wrized and d'aexKcd tq execute said Right-of Way F,asement.nn beltalfof _ .. . ~ th+e uuunctpality. ~ i COUNC~. I~+fEIyIDER ABBOTI`MOV ' . n THn;r T~ >~ESOLVTIax Blr An~lr~n AS .REAR, WI3ICZ3 SAID MOITON WAS SECU - F.U BY COUNCtt. MBi-~B,E'sIt FANOL~LI3 UPON ROLL CALL, COUNCILMEt-9iiJRS MCMANICiAL, WOLFT,_ABBOTf.AS`ii) BIF AITE, ; It13AI1'tt, SHOTWEI,L, FANUI;I;E, AR VO11NG "AYE" ANll COUNCIt MEMBIRS NONE VOTING 'STAY", Tt4t? MAYOR . JCI.AREll T~iE i~'URE(it1lNG ItI:SpLt1'I'ION PASSIrA AND APFR.UVED'I'tIIS 28ni AA _._ Qty' AtJ(3US'I', 20Q1. ; is ; ~ CITY UFO )3LAIR, NEBRA.SI~A . . _, s ~ '' - i ~ .. r B CII,F~EL A. IiS, MAXUR , - -I . ._ ~~ I i ; QCT-24-2001 1136 33 5 ATTEST: I " N13A• $,~~X1:.0 'ITY CLL~RTC •~ •~~•. f~lY4f'. r5 ~' ~• f 1P:t t1A88 t ~ ; ~HF~ S~'IrAt`itH+O)F ~iVEBRASKA ) :ss: , WASHINGTON COUNTY ) I~ BRENDA R. TAYLOR, hereby certifies] thal she is the duly appohtted, qualified and acting City Clerk ol'tha City of$lair, Ncbreslca,~and that the above and foregoing Resolution was Passed end adopted at a regular rueeting of the yor and City Cauricil of said City held on the 28~s day of August, 2001. BRh,NDA R, T'AYLpR, Y C • RK 33~ P.05 TOTAL P.05 r RESOLUTION N0.2001-26 COUNCII,MEMBER FANOELE IN'~RODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor anal City Council of the City of Blair, Nebraska, that that portion of Butler Stmt extending from one hundred feet (100 west of 18~' Street to 16~` Street be designated as a school area and that the speed limit shall ~ set at the rate of twenty miles per hour (20 mph) when school is in session or when children are in the area 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 such speed limit. COUNCIL MEMBER ABBOTT MOVED THAT' THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED $Y COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FAl\TOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", ANl~ COUNCII. MEMBERS NONE VOTING "NAY", THE MAYOR DECf,ARED THE FOREGOING RESOLUTION PASSEb AND ADOPTED THIS 28~ DAY OF AUGUST, 2001 CITY OF B~,AIlt, NEBRASKA B . C L A. S, YOR ATTEST: 7't BRENDA R TAYLQR, TY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLO~.t, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregQi9ng Resolution was passed. at a, regular meeting of tlxe l~iayor and City Council of said City held on the 28`~ day of August, 2001. 7JX BRENDA R TAYLOR, TY CLE)ZK t 1 "~`' ti RESOLUTION Nb. 2001-27 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2001-2, the Mayor and City Council of the City of Blair, Nebraska, adopted the Year 2001 One Year Plan. for the construction and maintenance and repair of the streets of the City of Blair, Nebraska. WHEREAS, Certain amendments have been made to said One Year Plan necessitating an amendment to such Plan. BE IT RESOLVED by the Mayor and City Council of the City of flair, Nebraska, that the Year 2001 One Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Stc~et Superintendent and dated March 22, 2001, be and hereby is amended to add the projects listed on Exh~tit "A" attached hereto and incorporated by this reference herein. >~E IT FURTHER RESOLVED that the amendments to said One Y'ear Plan bye filed with the Department of Roads, State of Nebraska. COUNCII.,MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII.MEMBER WOLFF. UPON ROLL GALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTINCI "AYE", ANI~ COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS MASSED AND ADOP'~ ED THIS 28~ DAY OF AUGUST, 2001 CITY bF BLAIR, NEBRASKA BY CHAEL A. MINES, MAYOR ~ ~n ATTEST: BRENDA R TAYLOR, CITY CLERK (SEAL) STATE Ole 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 pissed and adopted at a regular meeting of the Mayor and City Council of said city held on the 28~" day of August, 2001 BRENDA R TAYLOR, CITY CLERK z ~ r~ 11 ~' Street from Meadow Drive to Lincoln Street Lafayette Street from 16th Street to 18th Street 12th Street from Adams Street to Fairview Drive Fairview Drive from 11th Street to 12th Street Fairview Drive from 10th Street to 10th Avenue 18th Street from State Street to Nebraska Street State Street from 16th Street to 18th Street Westridge Drive from 3020 Westrid~e Drive to 28th Street College Drive from 27th Street to 30 Stneet Front Street from 20th Street to 23~d Street Front Street from 19th Street to 16th Street 15th Street from Grant Street to Lincoln Street Colfax Street from 13th Street to 16th Street Colfax Street from 17th Street to 19th Street Colfax Street from 16~' Street to 17th Street South Street from 10th Street to 12th Street Lincoln Street from 10th Street to 9th Stree# Alley from 15th Street to 14th Street north of Washington Street 28th Avenue from Westridge Drive to Sunrise Drive River Road from Railroad Tracks to 4th Street 15th Street from Jackson Street to Adams Street State Street from 10th Street to 14th Street 16~' Street from Front Street to Washington Street 20th Street from Lincoln Street to Washington Street 11th Street from Adams Street to 736 11th Street Park Drive from 10th Street #012th Street Meadow Drive (all of street) 22"d Street from Nebraska Street to Wright Street 21 ~ Street from Jackson Street to Nebraska Street Jackson Street from 23~d Street to 21~ Street Park Street from 21 ~ Street to 20th Street South Street from 24th Street to 25th Street Elm Street from 25th Street to 23~d Street Bu#1er Street from Courtview Drive to 19th Street Hollowstone Street {all of street) Wilbur Street from 17th Street to 13th Street 18th Street from Butler S#reet to Davis Street 18th Street from Lafayette Street to Butler Street ~ ~!t BOARD OF PUBLIC ROADS CLASStFICATIONSAHDSTANDARDS F® 1~ ®T~F~~~+i~~C~~l ~F R ~I® CAF ENE-Y,~ PLC COUNTY: CITY: VILLAGE: ~lQ1r REASON FOR REVISION: Due to better than expected bids. ~ ~__~_____~__~ LocATioN DESCRIPnoN: 11th Street from Meadow Drive to Lincoln Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dlrt, grav% aspha~ concrete, ctUvert or bridge) ~~~ As halt over concrete ~_~ AVERAGE DAILY TRAFF{G: 19 = ~_____ UnlmOUVn , 20 = CLASSIFICATION TYPE: (as shown on Furtdiona/ Classification Map) Local I~toPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTRC}L SIDEWALKS BRIDGE TO REMAIN iN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE ____~__ LENGTH CULVERT: DIAMETER LENGTH YES ~ NIA Bridges and Culverts S'¢ed Hydraulic Arra{ysis Pending ~~ OTHER CONSTRUCTION FEATURES Mi7f existing surface and dace 2" asphalt overla~__~tl____~~__~ WIDTH YPE TYPE TYPE TYPE ~ _~__~ ESTIMATED COST 'CO plv rHOUS~ntas) UNTY 'CITY "STATE *FEDERAL *OTHER TOTAL 3.3 3.3 *oPTwNAI_ Project Length = ~s (Arearest rer~fh} , ~ (state unit of Mess~e) PROJECT NUMBER: &29 ( Y-01) GNATURE: ~ Director of Public Works _a_ DATE. 8/15/zQ01 ___ Page 1 t ra BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS ~~ 1 Q COUNTY: CITY: - - - - - - - - -- -VILLAGE: ~ __ a Blair REASON FOR REVISION: DUe than expected bids LocAT-oN DESCRIPTION: Lafayett Street fr®m 16th Street to 18th Street EXISTING SURFACE TYPE AND STRUCTURES:(strch ~ dlt•!; ~•av% asphat~ ooncrete, advert ortindge) As hatt over GOncrete M~~~ AVERAGE DAILY TRAFFlC: Untmown 19 ~, 20 = CLASSIFICATION TYPE (as shown on Furrcliona/ C/asslflcaNon Map) Local FROPOSEDIMPROVEMENT DESIGNSI•ANDARDNUMBER:~~ SURFACING: ~,~~~THICKNESS~~_~WIDTH GRADING CONCRETE RIGHTOFWAY ~LIGHTiNG AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR GOAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PL4CE_.ROADWAY WIDTH .LENGTH .~___d__d____~____e_____________,.TYPE NEW BRIDGE ,~~~~.ROADWAY WIDTH LENGTH ~.,.~~~_~.___~~__~_ _ _ TYpE BOX CULVERT: ~_e~~~~~SPAN ~_r__ RISE LENGTH a M MTYPE CULVERT: ___ DIAMETER LENGTH _ ~~~ ~~TYPE AYES ~N/A Bridges and Culverts Sized L_1^ysiraulic Ar~lysis Pending _~~. OTHER CONSTRUCTION FEATURES Mid existing surface and place 2" asphalt overlay -°°---a--__________.__ ESTIMATED COST "COUNTY 'CITY 'STATE 'FEDERAL 'OTHER TOTAL pnr rHOUSa~-osl 3.3 3.3 'OPTIONAL (Nearest Ter~iJ Project Length = 02 (state ur-~otMeaswe) PROJECT NUMBER: B-30 {Y-01} wATUrzE: ~ ''~-- ' Director of Public Works BATE 8115/2001 Page 1 .~ BOARD OF PUBLIC ROADS CLASSIFICATIONS AiVD STANDARDS ~® ~s g F ' ~ LINTY: C17Y: _ _ - _ - - - - VILLAGE: - -- - Blau REASON FOR REVISION: Due to better.tt>an BXpeCfied bids LOCATION DESCRIPTION: 12th Street from Adams Street to Fairview Drive EXISTING SURFACE TYPE AND STRUCTURES:{~ as d~ gravel, asAha~ concrete, Avert ar;6r/dge) As halt over concrete _~___..a_ VERAGE DAILY TRAFFIC: UBIQIOWIt 19 = 20 CLASSiF1CATK)N TYPE: (as shown wr Fuv~anat Ciess~cation Nlap) . Local f~to~®auPROVEMENT DESIGN STANDARD NUMBER: ~ SURFACING:THICKNESS ~~w_'WIDTH GRADfNG CONCRETE RIGHT OF WAYLIGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PlACE~~~ROADWAY WIDTH ~_LENGTH ~~TYPE NEW BRIDGE: M~_~pROADWAYWIDTH LENGTH TYPE BOX CULVERT: - _ SPAN RISE LENGTH TYPE CULVERT: __ D44METER LENGTH ~_ w~wTYPE ®YES N/A Bridges and Ct~verts Siz~l Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES A11iQ existing surface and place 2" a~hait OV@Cla~l .N_~_ ESTIMAT®COST ~COUNIY '+CITY 'STATE 'FEDEROIL 'OTHER TOTAL f7~ rx~usanrnsl 3.3 3.3 *or~rrloNaL. {niearest rerrtt,) Project Length = __-- 0.1 {state urn ~ej Pl~cr Nun~E>z: 8-65 (Y-01) T~ ~' - Director of Public UVorks oA~ 8115/2001 ~~_ Page 1 BOARD OF PUBLIC ROADS CLASSiFtCAT1ONSAND STANDARt}S LINTY: CITY: VILLAGE: Blair REASON FOR REVISION: DUe t0 better than L'~ected bids ~ ~________~__ LOCATION DESCRIPTION: Fairview Drive from 11th Street to 12th Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dlr~ gravel; asphelK ooncret~ culvert orbrfdg~} ___________~ A~ halt over concrete VERAGE DAILY TRAFFIC: UrIlQ10Wn 19 = ~, 20 = CLAS.SIFiCAT1ON TYPE: {as shown on 1=urr~?vne! Class~`lcatlon Map) Locat PROPOSEDiMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~ LIGHTING GGREGATE CURB 8 GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE YES NIA Bridges and Culverts Sized Hydrauiic Analysis Pending OTHER CONSTRUCTION FEATURES MIA e)QSiltlt~SUrfdce and_place 2" asphalt overlay ESTIMATED COST 'COUNTY 'CITY 'STATE "FEDERAL `OTHER TOT.s-L {nu rr~sanrfls) 3.3 3.3 *oPTIONaL (Nearest Tenth) Projecf Length = 0.1 {state Ur~t of 16?easrae) PROJECT NUMBER: 8-64 (Y-01 arw-ruRE: ~; - Director of PubBc VNorks one: 8l15~001 ~~ ~ Page 1 ~. BARD OF PUBLIC ROA~DS~•yCLASSIFiAACA'nONS AND STANDARDS ~® + ~~ ii ®®® LINTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than expected bids LOCATION DESCRIPTION: Fairview Qrive from 10th Street to 10th Avenue EXISTING SURFACE TYPE AND STRUCTURES:(such as dill; c,,~avel, asphalt; concrete, culvert or,br/dgej As halt over concrete VERAGE DAILY TRAFFIC: 19 = ~ Unlmown , 20 CLASSIFICATION TYPE: (as spawn an Fanctlone/ Ctass/tlcatton A7lap) Local PROPOSED IMPROVEAAENT DESIGN STANDARD NUMBER: SURFACING: THK:IWESS GRADING CONCRETE RIGHT OF WAY ~LiGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCWG X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ~~ROADWAYWIDTH LENGTH iOX CULVERT: SPAN _ RISE LENGTH ~ ULVERT: ~~ _ DIAMETER ~~LENGTH ~r-N~~ YES N/A Bridges and Culverts SizedHydraulic Analysts Pending _ OTHER CONSTRUCTION FEATURES Mlll eXistin~stufaCe and pNace 2" asphalt OVerla WIDTH YPE TYPE TYPE TYPE ESTBVlATED COST *CO (rntrHOUSAnres) UNTY 'CIT'Y 'ST~-TE "FEDERAL *OTHER TOTAL 1.7 1.7 *OPTIauAL Project Length = (Nearest Tenth) 0.05 (state tJr~ot'n~easue) PROJECT NUMBER 8-63 -01 ~van,ra ~ ,mF: - Director of Public V~orks oA~: 8/15!2001 ~ Page 1 BOARD OF PUBLIC ROADS CLASSIFlCATIONS AND STANDARDS F® 10 T~~~~~~® ~~ BSI®N ®F ®®y .P COUNTY: ' CITY: VILLAGE: Blair REASON FOR RE1tIS10N: Due to better than expected bids __~________ LOCATION DESCRIPTION: 18th Street from State Street to Nebraska Street EXISTING SURFACE TYPE AND STRUCTURES:(SUCh as d~ gravel, asphell; corncrete, advert ~'brfdgej As halt over concrete AVERAGE DAILY TRAFFIC: 19 = URIQIOWIi 20 = CLASSIFICATION TYPE: ~(es sJioWrr alt FunctTane/ ClasslflcaSarr A+lap) Local PROPOSED IMPROVEnnENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB 8 GUTTER UTILf1Y ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH ~~LENGTH WX CULVERT: SPAN _ RISE ~~~._ LENGTH ULVERT: DIAMETER .~M LENGTH AYES ~ N/A Bridges artd Culrerts Sized ~Hydraufic ArralysIs Pet~ng ~ OTHER CONSTRUCTION FEATURES MIS exissfin~ surface and place 2" asphalt overlay WIDTH YPE TYPE TYPE TYPE . ESTOW4TED CAST *CO Inv rHOUS,vvflsj UNTY 'CITY 'STATE 'FEDERAL 'QTHER TOTAL 3.3 3.3 ~noNAL Project Length = (Aiearest Tertttrj 0.1 (state ur~t ~n~easr~e) PROJECT NUMBER: B-62 -01 GNATURE: -f 1 ~.~.. Director of Pubic Works DATE 8/1512001 Page 1 BOARD OF PUBLIC ROADS CtASSIFiCATiONSRNDSTANDARDS F® 10 COUNTY: CITY: LLAGE: Blair REASON FOR REVISION: Due t0 better than eupected bids LocATION DESCRIPTION: State Street from 16th Street to 18th Street EXISTING SURFACE TYPE AND STRUC:TURES:(such as dl~ gravel; asphalK cornxete, culvert or bridge) As ha}t over concrete VERAGE DAILYTRAFFIC: 19 = URkfiOVm CL/~IF[CATION TYPE: ` (assftownari Furral Class~lcaBcn Nlapj 20 = Local PROPOS® IMPROVEI111ENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~LtGFiTtNG AGGREGATE CURB 8 GUTTER UTILITY ADJUSTAAENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMP,IN tN PLACE ROADWAY WIDTH I~NGTH NEW BRIDGE: ~~~ROADWAYWtDTH LENGTH ~~-- BOX CULVERT: ~~+~SPAN _ RISE LENGTH M~ CULVERT: DIAMETER LENGTH YES ~A Bridges and Culverts Sized ~Hycfraultc Analysis Pettding OTHER CONSTRUCTION FEATURES Mill existin,~surtace and place 2" asphalt overlay WIDTH YPE ~TYPE TYPE TYPE F~TIMATED COST' 'COU {!N rHOUSavnsl NTY 'CITY *STATE *FEDERAL 'OTHER TOTAL 6.7 6.7 roPT-oNAL Project Length = (A-eara4t rer~tr~ 02 (smte tlr~ofle) PRC~IECr NLIiV~ER: B~Si -01 ~~,,~,,~~ Director of Public Works DnrE: 8/15/2009 Page 9 BOARD OF PUBUG ROADS CLASSIFICATIONS AND STANDARDS F~ 10 ~7'~F~~A3'~® ®F ~i~N ®F ~E~Y` F~ COUNTY: CrfY: V!LlAGE: . Blair REASON FOR REVISION: DUe t0 better than expected bids LOCATION DESCRIPTION: ~@S'tI7C~~G' ®rly8 '~rOtTl 3~2~ ~8S't(7C~ @ DrtV$ t0 2~~'1 ~'~t"~t EXISTING SURFACE TYPE AND STRUCTURES:(gdt as ~ gravel, aspltalJ; concrete, cr~ve# ~ bridge) ~_ As halt over concrete VERAGE DAILY TRAFFIC ~ U[IIQ1t~1Ar<t. .:: 19 = ~, 20 = CLASSIFICATION TYPE:. ` (as siioietrf on FunctFottal Glass~cab'on Nlap) tocai PROPOSeD tnm~ov~NT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENGNG X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE RQADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTHLENGTH TYPE BOX CULVERT:SPAN _ RISE LENGTH TYPE CULVERT: _ DIAMETER LENGTH TYPE YES N!A Bridges artd Cutvetts S"¢~ Hydrauftc Analysis Pending ____~___. OTHER CONSTRUCTION FEATURES Mill exisiin~ sLlrFace and place 2" a halt oven ESTIMAT®COST 'COUAFTY "tCITY *STO~ITIE 'FEDERAL. `OTHER TOTAL f7N hrousanros) 6.7 6.7 'OPTIONAL (Nearest Ten#t~) Project length = 0.2 (staEe urn of meagre) PRWECT NUMBER: 8-60 (Y-01 ~ ~roan~ ~ ,~~_ mi.E D~ector of PtlbGc 1tVorks oATe 8/16001 ~ Page 1 BOARD OF PUBLIC ROADS CLASS{FICATIONS AND STANDARDS F~ 1fl ~®~~F~GA-~1 ®F ~~® ®F' t?l~E~~ PAN LINTY: CrrY: VILLAGE: Blair REASON FOR REVISION: DUe #O be#ter than expelled bids LOCATION DESCRIPTION: College Drive from 27th Street to 30th Street EX1STlNG SURFACE TYPE AND STRUCTURES:(such as dlr~ gnavet, asphat~ concrete, culvert ~ bNdg®) ~~~ As halt over concrete VERAGE DAILY TRAFFIC: ~ 19 = CJnknoWn 20 = CLASSIFICATION TYPE: (as shown on Frirffcftona! CiassrTicatFon Niap) ` . Local PROPOSED ~VIPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB i~ GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN iN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: ~~~~~SPAN _ RISE LENGTH ~ CULVERT: DIAMETER LENGTH _ ^YES N/A Bridges and Cu{verts Sized ~ Hydraulic Analysis Pendfing OTHER CONSTRUCTION FEATURES dill exissfing surface and place 2" asphalt oVerla WIDTH YPE TYPE TYPE TYPE ESTIIiAATED COST 'COU (Alf THOUSANDS) NTY 'CrrY 'STATE 'FEDERAL `OTHER TOTAL 10.0 10A •oFnoNAL Project Length = (Meares!` Tenth) 0.3 (state Urt~ of R9east~e) PROJECT NUA~BER: 8-59 ( Y-01 } wsr~. ~~~,~ ~,,.. - Director of Public Works Dam: 8115/2001 Page 1 ~ } BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS p~~ g A ~H ~y FCC 10 COUNTY: CrrY: VILLAGE: Blair REASON FoR REVISroN: Due to better than expected bids LOCATION DESCRIPTION: Front Street from 20th Street to 23rd Street EXISTING SURFACE TYPE AND STRUCTURES:(surfi as dk~ gravel, aspha!! oon~ete, culvert arbrldgej ~~ As halt over canarete VERAGE DAILY TRAFFIC: ~ 19 = UI1lQ1oWn 20 = CLASSIFICATION TYPE: (as shown on Funcilonal Gasslhca5~on Map} Local PROPOSeD tMl~ovEMENT DESIGN STANDARD NUMBER: SURFACING: T'HICIadESS GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB ~ GUTTER UT1LrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL 31DEWALK5 BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ~~pROADWAYWiDTH LENGTH BOX CULVERT: .~ SPAN RISE ~ LENGTH CULVERT: DIAMETER LENGTH YES N!A Bridges and CuNarM Sized Hydraul~ Analysis Pending OTHER CONSTRUCTION FEATURES M171~ surfiace and~lace 2" a~hait Overlay WIDTH YPE TYPE TYPE TYPE ES71MI0.T®COST *COUNTY 'GITY 'STATE *FEDERAL 'OTF~R TOTAL (lnt rflousvvns} 10.0 10.0 roanoNai Project Lengdt = ~vearesr term?} 0.3 (Staff u-dt of 1Measure} PRO.IECT NuMSER: 8-88 -01 roa-ru~: ~,y _ Director of Public Works nnTE: 8/15!2001 ~~~ Page i r ~ ~ BOARD OF PUBLIC ROADS CLASSIFigqCAT10NS AND STANDARDS g +~ ~~ 1® COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: due to better thane clad bids LOCATION DESCRIPTION: Front Street frOn1 ~ 9th Street t0 ~ 6th Street EXISTING SURFACE TYPE AND STRUCTURES:(su~ as d~ gravel, asphel~ cotrcrete, culvert arbrfdge) Asphalt over concrete _____~_~ VERAGE DAILY TRAFFIC: Unlmowm 19 = 20 = CLASSIFICATION TYPE:. , (as shown on Fr~ictlarta! C/assificatfon Map) Local PROPOSED IMPROVEfUIENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADIAIG CONCRETE RIGHT OF WAY ~ LIGHTING AGGREGATE CURB & GUTTER UTiLTTY ADJUSTMENTS ARMOR GOAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN iN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH ~~LENGTH TYPE BOX CULVERT: SPAN _ RISE ._______ LENGTH TYPE CULVERT: DIAMETER ~ LENGTH TYPE AYES NIA Bridges and Culverts Sued -Hydraulic Analysis Pendfng ~~ OTHER CONSTRUCTION FEATURES Mi71 emSting Surface and place 2" as~hatt overlay ~~ ESI7MAT®COST *COUNTY 'CI'TY 'STATE 'FEDERAL 'OTHER TOTAL a~ rtrousa~ras) 10.0 10.0 roPnon>~u.. (nrt rerrKhh) Project Length = 0.3 (state Urrr~ ofMeasrse) PROJECT NUMBER: 8-57 (Y-01) Tug: -rrne _ Director of Public Wortcs D,a~ 8/15/2001 Page 1 BOARD OF PUBLIC ROADS CLASSiFtCATIONS AND STANDARDS COUNTY: CITY: VILLAGE: flair REASON FOR REVISION: DUe t0 better than eX~ected bids LOCATION DESCRIPTION: 15th Street from Grant Street to Uncoln Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dirt; ~ave1, ~ conr~efe, at~vert or brfdgej As halt over concrete .a _a___ . . _ ,. AVERAGE DAILYTRAFFIC:` 19 ~ UNCiliOVV(1 ~ 20 CLASSIFICA'1`IONTYPF' ~ (es shown an Fce~atfonetClass~sa6'on fviapj Local PROPPED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAYLIGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENT'S MOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN iN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH [~X CULVERT: SPAN ~~ RISE ~~LENGTH ~_______~~ ULVERT: _ DIAMETER LENGTH ^YES NIA Bridges and Culverts Sized ~Hydraul~ Analysis Pending ~~ OTHER CONSTRUCTION FEATURES MiA emsting sur€ace and place 2" asphalt oyerEa~/ WIDTH YPE TYPE TYPE TYPE ESTIMATED COST 'CO (1N THO!l5A11IlDSj UNTY 'CITY 'STATE 'FEDERAL =OTHER TOTAL 3.3 3.3 *OPTiQNAL Project Length = (Nearest Tenhrj 0.1 (state urea of Measure) PRQJECT NUMBER: 8-56 ~Y-0'1) wanes: ~ ; - Director of Public VYorks onsE: 8/1 X12001 ~ Page 1 BOARD of PuBUC ROADS cl~ssaFICATIONS AND STANDARDS ~® ' ~ COUNTY: CITY: VILLAGE: Blair REASON FOR RfvlstoN: Due to better than expected bids LOCATION DESCRIPTION: Colfax Street from 13th Street tO 16th Street E?gSTiNG SURFACE TYPE AND STRUCTURES:{~ as d~ gravel, asph~ co~rcre#e, r.~fvert orbndgej As halt over concrete VfRAGf DAILY TRAFFIC: 19 = Unimawn 20 = CLASSIFICATION TYPE: (as shown on Frsn~iotra! C1asslTlca~lon~A?ap) Local PROPOSED QNPROVEatf1ENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CQNGRETE RtGHT OF WAYLIGHTING AGGREGATE CURB ~ GUTTER UTILITY ADJUSTMENTS MOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE:. ROADWAY WIDTHLENGTH SOX CULVERT: ~~~.SPAN _ RISE LENGTH ULVERT: DIAMETER LENGTH AYES NIA Bridges and Cu(~erts Sized ~ Hydrautlc Arcatysfs Pending ~ ~ OTHER CONSTRUCTION FEATURES Mlll existing stufiace and_place 2" asphalt Overlay WIDTH YPE TYPE TYPE TYPE ~ ESTIIUL4TED COST '"COUNTY ''CITY "STATE ''FEDERAL OTHER TOTAL Rnr rHOUS,aavos) 1 O.o 10.0 -o~TloavA{. Project Lengt}I = nve~t rte) 0.3 {sly u,~ ofA9easrne) PROJECT NuMeER: B-55 -01 ~,,~ Director ofi Pubic V~orks DATE 8!1512001 Page t BOARD OF PUBLIC ROADS CLASSIFICATIONSRND STANDARDS F® 1a COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: DUe t4 better than e~ec#ed bids LOCATION DESCRIPTION: CO~faX Street fr®nl ~ 7th Street t0 ~ 9th Street EXISTIPIG SURFACE TYPE AND STRUCTURES:(such as ~ graved asphalt; concrete, avert or brfdgej Asphalt oerer concrete VERAGE DAILY TRAFFIC: Unknov+m 19 = ~_, 20 CLASSIFICATION TYPE: (as shown on FrnrcYlorrei Classblcation IUlapj Local PROPOSEDIAAPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH ~LEIVGTH BOX CULVERT: SPAN _ RISE LENGTH CULVERT: DIAMETER e~lENGTH YES N/A Bridges and Culverts Sized HydrauUc Analysis Pending -~~ OTHER CONSTRUCTION FEATURES M7) existin surface and face 2" overta WIDTH YPE TYPE TYPE TYPE. ESI7MAT®L~ST *CO (!N niousanlos~ UNTY '+CITY 'STATJE *FEDERAL `OTHER TOTAL f3.7 6.7 *oPnoNAL Project Length = (N' rer#ir) 0.2 (sate urttT of Mess~rue) PrtO.IECT NUMBER: 13-54 ( Y-01 oNaru~: ~~~ - Director of Public ~orlsns ~aTE 8/15/2001 ~ Page 1 >, BOARD OF PUBLIC ROADS CLAS3IFICATIONSRND STANDARDS t=® ~o t~t)Ttt=t~Tt®t~ CAF ~I®tV ®F ENE-YR PLJ~tV UNTY: CrrY: VILLAGE: ~~ REASON FOR REVISION: DUE to better thane ed bids LOCATION DESCRIPi70N: Co1faX Street from 16th Street to 17th Street EXISTWG SURFACE TYPE AND STRUCTURES:(srich as ~ graved asphaJl; concrete, cr~hiert ortm'dge) ____~_____ s halt over Concrete ' VERAGE DAILY TRAFFIC:. 19 = UnlmOwn 20 = CLASSIFICATIOW TYPE: '(as strown ort 1=urtcttona! C7assti`fcatton Mapj Loci PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGFfT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILITYADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT:SPAN ~ RISE LENGTH ~ CULVERT: __ DIAMETER LENGTH YES ~ NIA Bridges and Culverts S'¢ed ~drautic Ana[yais Pending ~~_~ OTHER CONSTRUCnoN FEATURES Mtn exislinc~ surFace and lace 2p as halt oven WIDTH YPE TYPE TYPE TYPE ESTIMAT®COST 'CW rIN rHOUSatvt~s) lNTY 'CIT1( '"STATE *FEDERAL `OTHER TOTAL 3.3 3.3 roPnoN~. Project Length = (Nearest' Terr#h) 0.1 estate urn of Measwe) PROJECT NUMBER: 8-53 -01 rum: ~ - Director of Public Vborks aarE: 8!15!2001 Page 1 nr BOARD OF PUBLIC ROADS~~gCLASSIF{CATIONS AND STANDARDS ~~yy pp ~~~r~ryy Fib ~~®~ ~p ~a COUNTY: . CnY: VILLAGE:. Blalf . REASON FOR REVISION: Due to better than effected bids LOCATION DESCRIPTION: South Street firom 10th Street t0 12 St1'eet EXISTING SURFACE TYPE AND STRUCTURES:(such as dlrli ~ave~ asphalt; concrete, culvert ~ br)tlge) As halt over concrete VERAGE DAILY TRAFFlC: 19 = ~ Ltnlvlowm , 20 CLASSIFICATION TYPE (as shown on FuRCtlorral Ctessr7fcetlan hitaP) Local PROPOS®IMPROV~IENT DESIGN STANDARD NUMBER: SURFACING: THICiaVESS GRADING CONCRETE RIGHT OF WAY ^ LIGHTING AGGREGATE CURB & GUTTER UTILrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE __._~_ LENGTH CULVERT: DIAMETER ~~~LENGTH ^YES NJA Bridges and Culverts Shed ~ Hydraulic Analysis Pert~n9 OTHER CONSTRUCTION FEATURES Ml71 eXisting surface and place 2" asphalt OVerla~ WIDTH YPE TYPE TYPE TYPE ESTIMATED COST 'COUNTY 'CITY 'STATE ''FEDERAL 'OTHER TOTAL (lM THOUSAAIDS) 6.7 6.7 'OPTIONAL Project Length = (Nearest rerbn) 02 (state UrmtoPMeasr,~e) PROJECT NUMBER: &52 -01 oNnsu~: ~'~, y ~~ ~ Director of Rublic Works onrE 8/15/2001 Page 1 BOARD OF PUBLIC ROADS CLASSiFlCATiONS AND STANDARDS F® 1~ C~T~~1~A~'~®N ®~ R~S~® ®~ ENE-Y~t ~ N couNrr: mr: VILLAGE: Blair REASON FOR REVISION: Due t0 better thane Cted bids LOCATION DESCRIPTION: Lincoln Street fi 01'n ~ 0th Street t0 9th Street EXISTING SURFACE TYPE AND STRUCTURES:(suds as ~ gravel', asphaf~ aortcrets, culvert orbrldge) A halt over concrete VERAGE DAILY TRAFFIC: Unknown 19 = 20 = CLASSIFICATICJNIYPE: (as shown o» Fundfanel ~IassitPcatforr 149apj Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHTOF WAYLIGHTING AGGREGATE CURB 8 GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCFNG X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTHLENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE LVER"I: ____ DL4METER LENGTH _ TYPE YES NIA Bridges and Culverts Sized Hydrau8c Analysis Pending OTHER C.oNSTRUCTION FEATURES MB ei surface and lace 2° it oVeria ESTIMATED COST *COUNTY 'CITY 'ST~ITIE *PEDEIiAL `OTHER TOTAL (iM THOUSANBS) 3.3 3.3 -oPTIVI~aL (Nearest Tenth} Project Length = 0.1 (state ur~oPilReasure} PROJECT ANMBER 8-51 (Y-01) Nanu~E: ~~, ~,~~ ~; - Director of Pubic Works oarE: 8/15/2001 ~ _ Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than expected bids LicA-noN DESCRiPTTON: Alley from 15th Street to 14th Street north of V1(ashinc~ton Street EXISTING SURFACE TYPE AND STRUCTURES:(such as ~ gravel, aspha~ cornxete, culvert or;6rldge) .~ As halt over concrete VERAGE DAILY TRAFFIC: 19 = Unknown 20 CLASSiF1CATION TYPE: (as shoxm on Furrd~ional Classlticakon Map} Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFAGNG: THICKNESS GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB 8 GUTTER UTILJTYADJUSTMENTS ARI1fiOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH ~~ NEW BRIDGE: ROADWAY W[DTH LENGTH t30X CULVERT: SPAN _ RISE LENGTH ULVERT: DIAMETER LENGTH _ ®YES NIA Bridges ar-d Culverts Sized ~ Hydrattac Analysis Pending OTHER CONSTRUCTION FEATURES Place 6" Of a~hatt OVer(a~ WIDTH YPE TYPE TYPE TYPE ESTIMATED COST 'CO nnr niousar-ns~ UNTY 'CITY *STATE *FEDERAL `OTHER TOTAL 11.4 11.4 -oi~r-oNa. Project Length = (/Nearest T®rr~ft) 0.1 (stateu,~aPMeasure) PROJECT Nl~liB~i: B-~0 ( Y-01) c~voauRE: - Director ofi Pubic 1Norks DnTE: 8J15/2001 Page 1 ., BOARD OF PUBLIC ROADS CLASS1FiCAT10NS AND STANDARDS F~ ~ ~ ,, ww COUNTY: CITY: VILLAGE: Bialr REASON FOR REVISION: ®ue to better than a ected bids LOCATION DESCRIPTION: 28th AVenUe fr0111 Wes~ld a ~nve t0 $Unnse ®rlVe EXISTING SURFACE TYPE AND STRUCTURES:(sudr as d~ ~avet, asphalk conrxete, ai/vert or~fdge) As halt over concrete VERAGE DAILY TRAFFIC: 19 = Unknown 20 = CLASSIFICATION TYPE: (as shown on Ftmcbionai Gassi/l~on trap) Local PROPOSEOIMF~OVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB 8 GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAYWIDTH LENGTH BOX CULVERT: SPAN _ RISE LENGTH CULVERT: ~ DIAMETER LENGTH • ^YES WA Bridges and Culverts S(zed U "~ Anatys€s Rending ~~ OTHER CONSTRUCTION FEATURES Place 2" of asphalt ov~~ WIDTH YPE TYPE TYPE TYPE ESTIIUTAT®COST `CO {nv rttousaNns) UNTY 'CITY 'STATE 'FEDERAL *OTOiER TOTAL 6.7 6.7 *OPTIONAL. Project Length = (Nearest Tenth] 02 tstate u,~ ~tYleas~e) PROJECT NUMBER: 8-49 -01 -~ ~~ ,~,~,,~ ;, _ Director of Pubkc Works va-rE 8115!2001 , _ __p_ Page 1 s ~ w BOARB OF PUBLIC ROAD CLASSIFiCAT10NSANDSIANDARDS ~® 10 COUNTY; CITY: VILLAGE: Blair REASON FOR REVISION: DUe t0 bettef than expected bids ~~~w LOCATION DESCRIPTION: River Road from Railroad Tracks to 4th Street EXISTING SURFACE TYPE AND STRUCTURES:(~ch as dk# gravel, asphat~ cortcret~ advert or bvfdge) As halt over concrete __p__ ___ VERAGE DAILY TRAFFIC: 19 = Unknown 20 - CLASSIFICATION TYPE: (as shown ovr FrnrctTonal Classfflcatlorr Mepj Local PROPOSt~ In~ROVEtwEL~rr DE51GN STANDARD NUIIABER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~UGHTtNG AGGREGATE CURB ~ GUTTER UTILrtY ADJUSTAAENTS ARAAOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REML4iN fN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH ~X CULVERT: ~~~~ SPAN RISE LENGTH ULVERT: __ DIAAAETER LENGTH YES NIA Bridges and Cults S(¢ed ~ Hydraut[c Ar~iysis P~dfng ~~ OTHER CONSTRUCTION FEATURES Mill existitl~ SurFace and~lace 2" asphalt oVerla~+ ___~__~ WIDTH TYPE TYPE TYPE TYPE ~~ ESTIII~AT®COST "CO ON niousan-vs1 UNTY *CITY '"STATE 'FEDERAL *OTHER TOTAL 6.7 6.7 -oP~noNAL Project Length = (Nearest rerrth) 0.2 (state ur~t ad'IVleasure) PRO.IECT NUMBaR: B~8 ( Y-01 tva-ruRE _ Director of Pubic Works ~-rE: 8115~L001 Page 1 ~ t 1 BOARD OF PUBLIC ROADS CLASSIFIgCATIOAISRND STANDARDS ~g~•y gds °~ ~,® ~~ 1®/~ ~-i ~ /~ ~® uNTY: cmr: vIUJ~GE: Blair REASON FoR REV1stoN: Due to better than erected bids ~. LocATION DESCR1PnoN: 15th Street from Jackson Street to Adams Street EXISTING SURFACE TYPE AND STRUCTURES:(sr~- as d~ gravel, asphaJly concrete, advert orbridge) As halt over concrete VERAGE DAILY TRAFFIC: 19 = ~ Unimovm , 20 = CLASSIFICATION TYPE; {as shown on Fcmctlona! Classification Map) Local PROPOSED pa~ROVouiENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHTOFWAY ~UGHTING AGGREGATE CURB t!< GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ~~ROADWAYWIDTI-! LENGTH BOXCULVERT: ~~SPAN RISE .LENGTH CULVERT: p.. DIAMETER __.____ LENGTH YES WA Bridges and Culverts S~ HydrauUc Analysis Pending ~_~~~ OTHER CONSTRUCTION FEATURES Aftl~ e)aSting surFace and~lace 2" asphalt OV~ ____ WIDTH YPE TYPE TYPE NTYPE ESTIRAAT® COST 'CO (/N rt/OUSaINas) UNTY "CITY 'STATE 'FEDERAL "`OTHER TOT,4t. 10.0 10.0 '~P'i'IONAL Projec# Length = (Afearest Tenth) 0.3 {state uru7~Measrue) PROJECT !NUMBER: 8-47 { Y-01) r~TURE TmE: y Director of Public Works DAr~ 8/15/2001 Page 1 ^ r BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS F~ 1 ~ 1~~'°~'~Fd~AT1C~N ®F ~~®N ~F ®EvY' P LINTY: CIl'Y: VILLAGE: 131air REASON FOR REVISION: Due to better than expected bids LocATION DESCRIPnON: State Street from 10th Street to 14th Street EXISTING SURFACE TYPE AND STRUCTURES:(such as d~ gravel, aspltall; concrete, curvert ortuldge) As halt over concrete VERAGE DAILY TRAFFIC: 19 = Unlmown 24 = CLASSIFICATION TYPE: (as shown on Futtt~Jonel Classi/IcatJan A9ep) Local PROPOSED IMPROVEME11rr DESIGN STANDARD NUMBER: SURFACING: THICiaVESS GRADING CONCRETE RIGHT OF WAY ^UGHTING AGGREGATE CURB & GUTTER UTILrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH WX CULVERT: SPAN _ RISE LENGTH ULVERT: DIAMETER LENGTH ^YES N!A Brldg~ and Culverts Sized ~Hydrautlc Analysis Pending OTHER CONSTRUCTION FEATURES ~tl~i existing surface and place 2" asphalt overlay WIDTH YPE TYPE TYPE TYPE ESTIMAT®CO5'1' *CO (IN THOUS.~NOS) UNTY 'CITY 'STATE 'FEDEtirRt. '`OTHER TOTAL 13.3 13.3 roPTwnIA1 Project Length = (~earestTet~T) 0.4 (state urdtof>e) PRWECTNUMBEI~ ,~ 8-46 ( Y-01) -rum: ~ Director of Public 1~lorks nary: 8/15~L001 Page 1 ~. BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS LINTY: Cr1Y: VILLAGE: Blair REASON FOR REVISION: DUe to better than a cted bids LOCATION DESCRIFnON: 1fith Street from Front Street to Washirac on Street EXISTING SURFACE TYPE AND STRUCTURES:(suah as d~ gravel, asphat~ concrete, advert arbr/dge) As halt over concrete VERAGE DAILY TRAFFlC: 19 = Unknown 20 = CLASSIFICATION TYPE: (as shown on Functional Class~fcatfan Nlapj Local FROPOS®IMPROVENIEN'r DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB 8~ GUTTER UTILrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIE TO REMAIN iN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIARAETER LENGTH YES N/A Bridges and Cutverfs SizedHydraulic Analysis Pending ~~ OTHER CONSTRUCTION FEATURES MHI e~asting sUrEace and place 2" asphalt Overlay WIDTH YPE TYPE TYPE TYPE ESTIMATED COST 'COUNTY •CITY 'STATE 'FEDERAL `OTHER TOTAL (av rHOUSavosj 13.3 13.3 *~rtoNAL Project Length = (Nearest Fenthj 0.4 (state Unit of R/leasr~ej PROJECT NUMBER: B-08 ( Y-01 ~ ~.. -rm.E Director of Pubri+c UVorks oa-rE: 811 x/2001 ,~ Page 1 BOARD OF PUBLIC ROADS CLASSiFICATIONSAHDSTANDARDS ~~ 1 ~ COUNTY: CITY: VILLAGE: Blau REASON FOR REVISION: DUe t0 better bran a acted bids LOCATION DESCRIPTION: 20U1Jtr@@t'~TOt'Yl LInCt31n 3tr@@t t0 ~aShln~n .~3trE!Et EXISTING SURFACE TYPE AND STRUCTURES:(such es dirt; gavel, aspheJl; cane, culvert orbrld~) A halt oiler concrete VERAGE DAILY TRAFFIC: 19 = UnivaOVm 20 = CLASSIFICATION TYPE: (as shaven an Frmr~anal CJassan Map) Local PlzoPOS®IMPROVEMeNT DESIGN STANDARD NUMBER: SURFACING: THtCiQVESS GRADING CONCRETE RIGHT OF WAY ~ UGHTiNG AGGREGATE CURB 8~ GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN _ RISE ~___Y_ LENGTH CULVERT: DIAMETER LENGTH _ YES NJA Brtdges and Culverts SizedHydraulic Arratysis Pending OTHER CONSTRUCTION FEATURES Mill eXistllig surface and place 2" asphalt Overlay WIDTH YPE TYPE TYPE TYPE EST1A~la-TED COST' 'COUNTY 'CITY 'STATE 'FEDERAL ~?THER TOTAL pM rtJVUSa~rJC>s) 3.3 3.3 *OPT~toNAL Project Length = (Atearest Fenth) t?.1 (smte urn of Measra~e) PROJECT NUMBER: B-67 -01 Nn-n~: ~- D~ector of Public ~tVorks oa-rE: 8/15~LOD1 C~ Page 1 i LARD OF PUBLIC ROADS~~pCLASSIFICATIONS AND STANDARDS Fib I~®T~F~~~4Ti® CAF SI®N t3F ®NE~YR P UNT(: CITY: VILLAGE: Blair REASON FOR REVISION: DUe t0 better than a cted bids LOCATION DESCRIPTION: 11th Street from Adams Stree# to 73611th Street EXISTING SURFACE TYPE AND STRUCTURES:{such as d~ gavel; asphalt; ca~crete, culvert aBr/dge) As halt over cx~ncrete VERAGE DAILY TRAFFlC: 19 = Unknown 20 = CLASSIFICATION TYPE: (as shown cn Fratctfcnel Gass~aG'orr >bJapj Local PROPOS®mnPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~LIGHTiNG GGREGATE CURB & GUTTER UTILITY ADSUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN _ RISE LENGTH CULVERT: DIAMETER LENGTH YES N/A Bridges and Culverts 31zed ~ Hydrattltc Ana{ysls Pending - OTHER CONSTRUCTION FEATURES M~ e7dsiin~ surface and place 2" asphalt OVerla~ WIDTH YPE TYPE TYPE TYPE ESTIMATED COST 'CO (W THOUSA#I-DSJ UNT( *CITY *STATE 'FEDERAL *OTHER TOTAL 3.3 3.3 'OPTIONAL Project Length = (Afeare~ Tenthj 0.1 (State u~ d AAeasrs'e) PRWECT NUMBER: B-66 i ll-01 ~ ~uRE: ~ ~~ ---~ - Director of PubCic Works ~ a~-rE: 8/15/2001 , Page 9 1 1 ~ ~' BOARD OF PUBLIC ROADS CLASSIFK:ATIONSRND STANDARDS F® 10 N~'~~F1~,4T~~N CAF SIGN ®F ~~V~-Y~ ~~N couNTY: crnr. VILLAGE: ~la1F REASON FOR REVISION: Due t0 better than expected bids r LOCATION DESGRIPTtON: Park Drive from 10th Street to 12th Street EXISTING SURFACE TYPE AND STRUCTURES:{such as dit# grav% asphalt; concrete, advert orbrfdge) ~~~ As halt over cona-ete VERAGE DAILY TRAFFlC: Unlmown 19 = 2a = CLASSIFICATION TYPE: (as shown on Fr~onal C/assfRcation 119ap) Local PROPOSEDIMPROVEMEN'r DESIGN STANDARD NUMBER: SURFAGING: THICKNESS- WIDTH GRADING CONCRETE RIGHT OF WAY ~ LIGHTING AGGREGATE CURB & GUTTER UTiLr~Y ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMPJN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIE: ~~ROADWAYWIDTN LENGTH TYPE iOX CULVERT: SPAN RISE LENGTH TYPE ULVERT: DIAMETER LENGTH _ TYPE AYES N/A Brldg~ and Culverts Si?ed ~draulk Analysis Pending ~~ OTHER CONSTRUCTION FEATURES 9UIi~l existing surtace aRf~laCe 2" as~hatt OVe~ ESTIMATED COST "COUNTY ~Pr1( 'STATE "FEDERAL *OTHER TOTAL {l!V rHOUSaNns) 6.7 6.7 OPTIONAL (Nearest Ter>fh) Project Length = a2 {state ur»tdR9easrae) PROJECT NUMBER 8-45 (Y-01) ~ Director of Pubic Works 8/15/2aa1 .. Page 1 r i r - BOARD OF PUBLIC ROADS CLASSIFlCATIONS AND STANDARDS AAd~ss ~~®® Ft's ~O COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than expelled bids LOCATION DESCRIPTION: MeatlOW D(7Ve EXISTING SURFACE TYPE AND STRUGTURES:(sudt as ~ graved asphally conere#e, rtd~rert ~ brtdyej As halt over Concrete VERAGE DAILY TRAFFIC:. • 19 = ~ UNQ10Wn , 20 = CLASSIFICATK7N TYPE: (as shown on Fvnclfional C/assiflcaHorr Mapj Local PRO~osED nvlPROVEMENT DESIGN STANDARD NUhABER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTAAENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE ~~ROADWAYWIDTHLENGTH B07C CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER LENGTH YES N/A Bridges and Culverts Sized ~ Hydraulk Ar~lys~ Pending OTHER CONSTRUCTION FEATURES Mt~l exisfing surface and lace 2" halt overt WIDTH YPE TYPE TYPE TYPE EsTU+naTED cosT °cou (!N rHtptts~OSj NTY -CITY *ST~1TE 'FEDERAL roTHER ToTaL 6.7 6.7 "OPTIONAL Prajeck Length = (Nearest Tenth) 0.2 (StaGa urdt of Measraaj PROJECT NUMBER: B~4 -01 crennm~ - Director of Public Vl/oclcs on~rE: 8h x/2001 Page 1 ~ ~ t~' F BARD OF PUSLlC ROADS CLAS.SIFICATtONSRNDSTANDARDS ~~aa gg~~,, ~® FC? '! 4 LINTY: CrIY: VILLAGE: Blair REASON FOR REVISION: DUe to better thane acted bids LocAT1oN DESCRIPTION: 22nd Street from Nebraska Street to Wrl ht Street EXISTING SURFACE TYPE AND STRUGTURES:(sudt as dlr~ ~avei, asphalt, concteP~ culvert orbridge) As halt over cona~ete ____ VERAGE DAILY TRAFFlC: 19 = UnknOWn 20 = CLASSIFlCATION TYPE: (as shown on Functions! Classlflcatlon A9ap) Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ~LiGH'RNG AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE ROADWAY WIDTH LENGTH BOX CULVERT: SPAN _ RISE ~~ LENGTH LVERT: _ _ DIAMETER~ LENGTH YES N/A Bridges and Culverts S¢ed IJ ^Ydraullo Artalysls Perming OTHER COtdSTRUCTION FEATURES IUi~I e ~ surface and face 2" halt overly WIDTH YPE TYPE TYPE TYPE ESTIMATED COST "C (nv rflousanios) OUNTY 'CITY "STATE 'FEDERAL *OTHER TOTAL 10.0 10.0 "oPnoNAL Project Length = (Nean~ rerrdr) 0.3 (State u,~ of Meast~e) PROJECT NUMBER: 8-43 ( Y-01) NnnmE ~,,~ ~~- ~` Director of Public Works aa-rF: 8!15/2001 ~ Page 1 ,x x BL3ARD OF PU81.tC ROADS CLASSIF{GATtONSRND STANDARDS F® '9 D COUNTY: CfIY: VILLAGE: Blair REASON FOR REVISWN: Due to better bran a ed bids LocaTloN DESCRIPTION: 21st Street from Jackson Street to Nebraska Street EXISTING SURFACE TYPE AND STRUCTURES:(such as d~ gravel; aspha~ concrete, culvert orbrfdga) s halt over concrete __~_a__e VERAGE DAILY T'RAFFlC: 19 = UnlotOwn 20 = CLASSIFICATION TYPE: (as shown on Furrcb'orra/ Classrfifcatlon Map) Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRAQING CONCRETE RIGHT OF WAYLIGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAYWIDT'H LENGTH NEW BRIDGE: ~~ROADWAYWIDTHLENGTH BOX CULVERT: SPAN RISE __~__. LENGTH ..~ LVERT: _ DIAMETER LENGTH AYES N!A Bridges and Culverts Sized ~Hydraullc Acmfysls Pending OTHER CONSTRUCTION FEATURES Ml~l e~sting surface and place 2" as halt OVerl 1MDTH YPE TYPE TYPE TYPE ESTIMAT®COST 'C (ltv rttous~-nsj ®UNTY 'CITY 'STATE *FEDERAL POTHER TOTAL 6.7 6.7 Project Length = (AiearestTer~tftj 02 (stag tlnitofMeasure} PROJECT NUMBER: 8-42 t Y-0~ c~vanm~ ~~. ~,~~,~, ~_.. Director of Public Works ~nTE: 8M 5!2001 Page i P ,3 i BOARD OF PUBLIC ROADS CtASSIFK:ATIONSAHDSTANDARDS gg ~~®® F® '~~1®®0 ®®~® ®®®® ~~ LINTY: CnY: VILLAGE: Blair REASON FOR REVISION: Due t0 better than erected bids LOCATION DESCRIP-noN: Jackson Street from 23rd Street to 21 st Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dlrl; gavel, asphalt; corrpr3fe, culvert oribridge) As halt over concrete VERAGE DAILY TRAFFIC: 19 = ~ UnlmoWn , 20 CLASSIFK;ATION TYPE: (as shown on Furrdional ClassrTlcatlon Map) Loc~1 PROPOSED n+1rPROVEnaENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURS & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH ~XCULVERT: SPAN RISE ~~LENGTH CULVERT: DIAMETER LENGTH YES NJA Bddg~ and Culverts Sizes Hydratdic Arms Pending OTHER CONSTRUCTION FEATURES Arilll exis~ng Surface and f31aCe 2" asphalt Overlay WIDTH YPE TYPE TYPE TYPE ES77MATED 0051' 'CO (IN rHOUSaroas) UNTY `CITY 'STATE "FEDERAL OTHER TOTAL 6.7 6.7 roPTiONaL Project Length = (Nearest. Fenth) 0.2 {state unrT Measure) PROJECT' NUMBER: 8-41 ( Y-01) -rum: Director of Public Works aa-rr:: 8115/2001 Page 1 i ~ ~ S 7 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS F® 'o UNTY: CITY; VILLAGE: Blair REASON FOR REVISION: Due to better than expected bld5 LOCATION DESCRIPTION: ParIC Street froR121 St Street t0 ZOth Street EXISTING SURFACE TYPE AND STRUCTURES:(sudr as ~ ~ave~ asphafl: can~ete, adri~t or bt;tdge) As halt over concrete VERAGE DAILY TRAFFIC: 19 = ~ UnivaOwn , 20 = CLASSIFICATION TYPE: (as shrn+vn en Frmctfonel ClassrTrcatfan flap) Laval PROPOSE wlPROVeMeNT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAYLIGHTING GGREGATE CURB ~ GUTTER UTILITY ADJUSTMENTS ARMOR GOAT DRAINAGE STRUCTURES FENGNG X ASPHALT EROSION CONTROL SIDEWALKS 8RlDGE TD REMAIN 1N PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: - SPAN RISE LENGTH CULVERT: DU~METER LENGTH YES N/A Bridges and Culverts Sized QFiydrat~lic Analysis Pending w OTHER CONSTRUCTION FEATURES Mtn e ~ ~ surface and face 2" as bait overly WIDTH YPE TYPE TYPE TYPE ESIIMAT® COST 'C (tN THOIISAAIDS) OUNTY "CRY 'S'TATE *FEDERAL 'OTHER TOTAL 3.3 3.3 "OP770NAL Project Length = (Nearest Tenth) 0.1 (state untf afiMeasurej PROJECT NUMBER: 8-40 { Y-01 NATIAiE Director of Pubic Works DATE: 8/1512001 Page 1 BOARD OF PUBLIC ROACCc~ CLASSIFIACATIONS AND STANDARDS ®® I-~ a~sspp 1® ~~ //~~ NTY: Cr1Y: VILLAGE: Blair REASON FoR REVIStoN: Due to better than effected bids ______,~,~ _____ LocATION DESCRIPTION: South Street from 24th Street to 25th Street EXISTING SURFACE TYPE AND STRUCTURES:(sudt as dire; ~av~ asplra~ concrete, calv~t or brldg~J As halt over Concrete AVERAGE DAILY TRAFFIC: 19 = Untvfown 20 - CLASSIFlCATION TYPE: (as sttov-m on Furtcflona! Classfficatfort A9ap) Local PROPOS®1MPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY QUGHTING AGGREGATE CURB & GUTTER UTIUTYADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH i~X CULVERT: SPAN RISE ~- LENGTH ULVERT: DIAMETER LENGTH AYES N/A Bridges artd cut~cs Sized ~yydraulic Artalysis perniing ^~ OTHER CONSTRUCTION FEATURES Mill ebsiing surface and place 2" asphalt OVeTia~r WIDTH YPE TYPE TYPE TYPE ESTIflAATED COST 'C ~M niousanic~s~ OUNTY *CITY 'STATE 'FEDERAi. 'OTTiER TOTAL 3.3 3.3 ~~rtaNAL Pcoje~ Length = (Neared rerntrl 0.1 (state uMtoe'Meast~e) PRO.IECT NUMBER; 8-38 -01 rum: Director of P"ubGc Worls~s oA~ 8115/2001 Page 1 _.... _ne._~ _._,. _.... ~_:.~w.~. ~~ ,r r BOARD OF PUBLIC ROADS Ct.ASSiFlCATiON3 AND STANDARDS F® 10 I~~i'IFICAI'1®N t~F R~1/1~1~l~ CAF ENE-Yf~ P LINTY: CITY: VtLLAGE: BIaQ REASON FOR REVISION: Due to better than erected bids LocATtoN DESCRrPTtoN: Elm Street from 25th Street to 23rd Street EXISTING SURFACE TYPE AND STRUCTURES:{such as d~ gravel, asphalt; concrete, cidvert orbrtdge} As halt over concrete VERAGE DAILY TRAFFIC: 19 UNQww(1 20 = CLASSIFICATION TYPE: (as shown on Functional C/assdicatton Map} Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER:. SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAY ®LtGHTiNG AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X PHALT FJ20SION CONTROL SIDEWALKS BRIDE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: ~~SPAN RISE ~LF.NGTH LVERT: DIAMETER LENGTH YES id/A Bridges and Culverts Sizes ~ HydrauUc ArnalysIs Pending OTHER CONSTRUCTION FEATURES Mt~l eJ(lSttlt~ Surface and place 2" asghaft Oderlay {MOTH YPE TYPE TYPE TYPE ESTINIAT®COST "C. pN THOt1sANDSj OUNTY *CITY 'STATE *FEDERAL 'OTHER TOTAL 6.7 6.7 *o~no~aL Project Leng~tlt = (Nearest Terrtthhj 0.2 {state t1r~'t ~Measra~e} PROJECT NUMBER: &36 ( Y-01 } awmmE: ~,~ ~ ~ Tm.E: Director of Public Works flATF: 8/1812001 ~ Page 1 a [~ ~ ~ I BOARD OF PUBLIC ROADS CLASSIFICATIONSAND STANDARDS ~~®® pp ~~ss pp ~~gg F® {~~~~~~ g~ COUNTY: CITY: vll-CAGE: Blair REASON FOR REVISION: Due t0 better than expected bids LOCATION DESCRIPTION: Butler Street frORi CO1JrtVIeUV DnVe t0 ~ 9th Street EXISTING SURFACE TYPE AND STRUCTURES:(such as d~ gravel; asphall; concrete, culvert or brld9e) As halt over concrete VERAGE DAILY TRAFFIC: URIQIOWn 19 = 2~ = CLASSIFICATION TYPE: (es shaxm on Funcffonal ClasstflcaGton Map) Local PROPOSED milPROVFr~Em' DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ®UGHTiNG AGGREGATE CURB ~ GUTTER UTtLPiY ADJUSTMENTS ARMOR CbAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN tN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ~~ROADWAYWIDTH `LENGTHTYPE BOX CULVERT: SPAN ~ RISE LENGTH NTYPE ULVERT. __ DIAMETER ~L.ENGTH TYPE ^YES ~ WA Bridges and Culverts Sized aHydraulic Analysis Pendin8 ~~ OTHER CONSTRUCTION FEATURES MITI eXlStln surface and lace 2" a haft oVeria F_S7~AAT®COST 'COUNTI( '`CITY '"STATE 'FEDERAL. 'OT{iER TOTAL pnt niausawvs) 6.7 6.7 roPTIONAL (Nearest Tenth) Project Length = 02 (state urn of Measure) PROJECT NUMBER: 8-35 -01 ~~ - Director of Public Works oarE: 8J15/20Q1 Page 1 ~. ~ ~: ~' ;~ ~ Y BOARD OF PUBLIC ROADS CIASSIFlCATtONS AND STANDARDS F~11 '~0 ~®T~FI~AT~~N ®F i~Ei/IS~t~1V ~F ®~V~-YFt PLAN LINTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better thane ected bids LOCATION DESCRtPT10N: HOIIOWSfiOne Streefi EXISTING SURFACE TYPE AND STRUCTURES:(such as din; gravel, asphalt; concrete, advert ~ bridge) As halfi over concrete AVERAGE DAILY TRAFFlC: 19 = ____ Unlmowm _, 20 CLASSIFICATION TYPE (as spawn an Functfanal Classb7catlori AAap) Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: _THiCKNESS ~~ GRADfNG CONCRETE RIGHT OF WAY ®LiGHTiNG AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE~ROADWAY WIDTH LENGTH NEW BRIDGE ROADWAY WIDTH LENGTH bX CULVERT: SPAN RISE LENGTH ULVERT: _~_ __ DIAMETER w~~LENGTH ~ ^YES NJA Bridges artd Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES RAi71 exisiirlc~ SU(faCe and place 2" asghaR Overlay ~WIDTH YPE TYPE TAE ~TYPE ESTIMATED COST "COUNTY "CITY 'STATE 'FEDERAL *OTHER TOTAL pN rr~ousaNVS) 10.0 10.0 *oPrlauAL Project Length = (Nearest Tevrfh) 0.3 {state ur~tofA9~s~e) PROJECT NUMBER: 8-34 -01 nraTU~: - Director of Public Works oArE 8!152001 ~ ~ Page 1 1 '~ r~ ~ T BOARD OF PUBLK: ROADS CLASSIFlCATIONS AND STANDARDS ~~gt gg g/~~ FCC '10 UNTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than a ected bids LocAT1oN DESCRIPTION: Wilbur Street from 17th Street to 13th Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dirk gavel, aspha~ concrete, ctJvert w brtd~) As halt over Concrete VERAGE DAILY TRAFFIC: 19 = ~ Unknown , 20 = CLASSIFlCATION TYPE: (as shown on Functlorral tlass~fcat{an A9apj Local PROPOSED UdIP'ROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGHT OF WAYLIGHTING AGGREGATE CURB 8 GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BR1~E TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ~ROADWAYWIDTH LENGTH BOX CULVERT': SPAN RISE ~ LENGTH CULVERT: DIAMETER LENGTH ®YES N/A Bridges and Culverts Sized ~ HydraulEc Ar~ysis Pending OTHER CONSTRUCTION FEATURES M~ existing surface and dace 2" asphalt overta WIDTH YPE TYPE TYPE TYPE ESTIMATED COST "'COUNTY *CrrY "STATIE 'FEDERAL 'OTHER TOTAL (pv rtrousanras) 13.3 13.3 *OPTIONAL Project Length = (Alesrest Tenth) 0.4 (stets unit of Measure) PROJECT NUMBER: &33 -01 NnTU~: ~~,~ ,~~ ~~ rm.E - Director of Public Works ~arE: 3/15/2001 ,~ Page 1 s~ z BOARD 01= PUBLIC ROADS CLASSiFlCAT10N3 AND STANDARDS F®RA~ 10 N~TiFICATi~~V ®F ~~Si®N ~F ENE-Y~R PAN COUNTY: ' CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than a ed bids LOCATION DESCRIPTION: lath Street'~T0111 BUder Street t0 DaVTS Street EXISTING SURFACE TYPE AND STRUCTURES:{such as dk~ gavel; aspire!; arnaeta, culvert ~ bridge) As halt over concrete AVERAGE DAILYTRAFFIC: UnknOWn 19 _ _____, 20 '' CLASSIFICATION TYPE: (as shoum on Ftrrndone/ CtassJficaBon Map) Local PROPOS® BNPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADIPIG CONCRETE RIGHT OF WAY ^UGHTING AGGREGATE CURS & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN fN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE ROADWAYWIDTH LENGTH TYPE iOXGULVERT: SPAN RISE ~_1.ENGTH TYPE ULVERT: DIAMETER ~_-LENGTH TYPE YES NIA. Bridges and Cuhrerts Sized ~Hydrau~ Anaiysls Pending OTHER CONSTRUCTION FEATURES i~ e7QSml~suffaCe and lace 2" halt OV ESTHfAATED COST 'COUN'TY 'CITY 'STA-TE 'FEDERAL 'OTHER TOTdU. (iN 7xous~4Nas) 3.3 3.3 *oPnoNaL (Nearest TerrEir) Project Length = t).1 (stagy ura~c~Measure) PROJECT NUNBET~ 8-32 -Q1 ,~ p ~, Director of Fabric Works wrrE 8/1512401 ~ I' Page 1 '~ ~- ~ ,~ BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS F~~ '~® ~®-r~Ftc~-T~®~ ~F ~ts'o~ o~ ®~~s~~-~ ~ LINTY: I CITY: VILLAGE: Blair REASON FOR REVISION: DUe t0 better'thBf1 8 bids LOCATION DESCRIPTION: ~ 8th Street from Lafa ett S't['@et 'fit? Bl.l~er S'h'eet EXISTING SURFACE TYPE AND STRUCTURES:{such as c~ ~ave~ asphal>; cotta'efq cufvert ortNtdgeJ As halt over concrete VERAGE DAILY TRAFFlC: 1 S - Unknown 20 = CLASSIFICATION TYPE: {as Sharon on Fut~citonat Classific~on Map) Local PROPOSED IMPROVEMENT OESK3N STANDARD NUMBER: SURFACING: THICKNESS GRADING CONCRETE RIGFfT OF WAYLIGHTING AGGREGATE CURBBGUTTER UTiLrrYADJUSTMENTS ARMOR. COAT DRAINAGE STRUCTURES FENGNG X ASPHALT EROSION CONTROL SiDEWAL(CS BRIDGE TO REAAAiN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ~ROADWAYWIDTH LENGTH BOX CULVERT: SPAN RISE EENGThI LVERT: ~ DIAMETER ~~LENGTH DYES wa ~~ ~a cuhrerts sr~d [~H~ic Arm P~tding OTHER CONSTRUCTK?N FEATURES Mi71 e ' surface and lace 2" OV WIDTH YPE TYPE TYPE TYPE f ESTIMATED COST "CO (~i n~ousAntas) UNTY 'CITY 'STATE *FEDERAL *OTHER TOTAL 3.3 3.3 -oPTtoNAL Project Lengifi = (A/eare~ Terthj 0.1 (stets ur~`ofMeasr~e) PROJECT NUMBER: 8-31 -01 ~wo,TU~: ~ Director of Public Works DaTE 8/15/2001 ~~~~ Page 1 RESCILUTION N0.2001 28 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Neb.. Rev. Stat. 77-3443 (1997 Supplement), the City Council of the City of Blair shall review and approve and/or disapprove the levy request of the Blair Airport Authority. NOVV, THEREFORE, BFr IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Mayor and City Council have reviewed Resolution No.l, adapted by the Blair Airport Authority on August 21, 2001 and do hereby approve the levy request of 1.3510 cents per one hundred dollars of actual valuation. COUNCILIVIBMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICIY SAID MOTION WAS SECONDER BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS FANOELE, SHOTWELL, ABBOTT, WOLFF, MCMANIGAL, BIFFAR, REALPH AND WAITS VOTING "AYE", AND CQUNCILMEMBER~ NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTIQN PASSED AND ADOPTER THIS 2$'~ DAY OF AUGUST 2001. CITY OF BLAIIZ, NEBRASKA B chae A. Mini ayor ATTEST: Brenda R. Taylor, C' Clerk (sEAL> STATE OT' NEBRASKA ) )~ WASHINGTON COUNTY ) Brenda R. Taylor, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City bf Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 28~` day of August, 2001. Brenda. R. Taylor City erk .~ RESOLUTION N0.2001- 29 COUNCILMEMBER FANOELE 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 be a different amount than the property tax request for the prior year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLA]R, 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, 2001, be set at $.339883 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 $.248868 (2) Street Fund $.079252 (3) Debt Service Fund $.011763 (2) The property tax request for the Blair Airport Authority for the fiscal year beginning October 1, 2001, be set at $.013510 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, 2001. COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE. MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED. THIS. I ITH DAY OF SEPTEMBER, 2001.. CITY OF BLAIR, NEBRASKA BY MICHAEI. A. NIINES, MAYOR 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 l lth day of September,. 2001. BRENDA R. TAYLOR, CLERK a RESOLUTION 2001- 30 COUNCILMEMBER REALPH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with a Developer's Agreement between the City of Blair, Nebraska, JCM Investments, Inc., a Nebraska corporation and U.S. Bank, National Association, f1k/a First Bank National Association to release the special assessments levied pursuant to Resolution 2000-5 and to re-levy said special assessments on Lots 1R through 20R, inclusive, in Deerfield Replat I, a subdivision in the City of Blair, Washington County, Nebraska. WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the City of Blair, Nebraska. NOW, TI~REFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein, which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska, and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized and directed to execute said Developer's Agreement on behalf of the municipality. COUNCIL MEMBER REALPH MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, BIFFIR AND WOLFF VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11TH DAY OF SEPTEMBER, 2001. CITY OF BLAIR, NEBRASKA B C L A. MINES, MAYOR r ATTEST: B 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 11th day of September, 2001. ~~ BRENDA R. TAYLOR, C CLERK SEP,-25-2.001 16=49 N P DODGE LAND DEU. DEVELOP)E>Et'S AGREEN)<ENa 402 399 5214 P.02r23 ~ wuC VC 0 This Agreement made this day of 3eptencxber, 2401, by and between the City of Blair, Nebraska,, hereinafter referred to as "City", JCN! Investments, Izic., a Nebraska corporation, hereinafter referred to as the "Developer", and U.S. Bank, National Association, flkJa First Bank, National .Association, hereinafter referred to as "Lender". '~~]HEREAS, Developer has also requested that City replat Lots SA, SB, 6A, 6>3, 7A, 7B, 8A, 8B, 9A, 9B,10A,1 OB,11A, 11B, 12A, 12B,13A,13B, 14A, 148, 15A, 15B,16A, 16B, 17A and 17H, in Deerfield, a Subdivision of the City of Blair, Washington County, Nebraska, and furthermore, that Developer requests that City release the special assessments levied pursuant to Resolution 2000-5 and that City re-levy and assess the special assessments for Street Improvement District No. X74, Sanitary Sewer Extension District No. 55 attd Water lrxterasiaa District No. 36 and against the raplatted lots; and WHEREAS, as of the date of adoption of this Agteeznent, the outstanding balance of principal and interest due for these lots on the special assessment for Street Improvement District No. 174 is in the amountt of $75,163.14, that the outstanding balance of principal and interest due oa Water Extension District No. 36 is in the amount of $12,708.54 and the outstanding balance of principal and interest due on Sanitary Sewer Extension District No. SS is in the amount of $32,857.24~and that Developer has requested. that City re-assess and re-levy these amounts as special assessments against the following replatted lots, namely: Lot, 1R, 2R, 3R, 4R, SR, 6R, 7}Z, 8R, 9R,1OR„ Y 1 R, 12R,13R, 148,1SR,16R,17R, 18R, 19R and 20R, in Dee~eld Replat I, a Subdivision in the City of Blair, Washuagtozt Goumy, Nebraska. NOW, THEREFORE, inconsideration of the mutual covenants and benefats to each party as set forth herein, it is agreed as follows: 1, C~or yeva~.ce of Outlot 1: Aeveloper agrees to immmediately convey ao~a~rketable fee ---- -.. supple title to City, itt and to Outlot 1 in Deer0eld ~'ixst Addition to the City of Blair, Washington County, Nebraska, for no additional consideration sad that said Outlot shall be subject to the existing easements, and in its existing condition, and shall- be conveyed :&ee and clear of all liens and encumbrances, The Developer agrees has inserted the following language in its Restrictive Covenants recorded against the Property: "Outlot 1 in Dee~ield First Addition to tb-e City of Blair, Waslxingtam County; Nebraska, will be conveyed to the City, however, the City ]zas no obligation to im~pxove and maintain such property as park ground, unless the City should otherwise ag~reee to do so by the appropriate resolution or oa~dinance." Z. Rev1 of lDee~eld/Re-Lev - of $,pgq~ial essmenis: (a) Developer acknowledges that at its insistence and request, City has approved the SEP,-25-2001 16>49 N P DDDGE LAND DEV. 402 398 5214 P.03.~23 r,~wr e~ replat of Lots SA, SE, 6A, 6a, 7A, 7B, 8A, 88, 9A, 9B,10A, IOB,11A,11E, 12A, 12B,13A, 13B,14A,14B, ISA,ISB, 16A,1613, 17A and 17B, is Deerfield, a Subdivision of the City of Blair, 'Uflashington County, Nebraska, and that the new descriptions of tb~e repIatted lots are, to-wit: Lots 1 R, 2R, 3R, 4R, SR, 61t, 7R, 8R, 9R,1 OR,11 R, 12R,13R,14R,15R,16R,17R,18R,19R and 20R, in Deerfield R,eplat I, a Subdivision in the City of Blair, Wasb~ington Couzety, Nebraska. (b} Developer also acknowledges that at iu insistence and request, City has released the special assessments levied pursuant to Resolution 2000-5 in and eo the Lou deserted is Faragraplt 2(a) above, and ttiaat Aeveloper and Leztder agree that Lots 1R, 2R, 31t, 4R, SR, 6R, 7R, SR, 9R, lOR,11R,12R,13R,14R,1SR,16Tt,17R, I 8R, 19R and 20R shall be and hereby are subject to the special assessments set forth in Resolution 2001-3I, and all schedules. attached thereto, Attached hereto, marked Exhibit "1" and incorporated by this reference herein, is a eogy of Resolution 2001-31, anti all schedules attached thereto. 3. Subordination of Existing Liens: Developer artd Lender agree to execute a Subordination Agreetnemt in which Lender and Developer agree that rite liens and encumbrances in favor of Lender including, but not limited to, the Deed of Trust datied, October 10,1997, and recorded in Book 276, Page 709, all in the ,Real Estate Records of the Washington County Clerk, Washington County, Nebraska, be and hereby are subordinated and inferior to the special assessments levied pursuant to Resolution 2001-31, and the Mortgage referred to in Paragraph 4 hereinbelow. e~xtached hereto, marked Exhibit "2" and incorporated by this reference herein is a copy of the Subordination Agreement which leztder and Developer agree to execute and deliver to City. Developer and Lender do hereby waive notice r~uired by statute for the adoption of rite special assessments set forth. hereicrA and further waive away irreg~la~ti~s or_defects, if any, vn the_ adoption o~ResoIution 2001-31 and tote levy of special assessments frir Street hmprovement District No. 174, 'Vdater Extension District No. 36, and Sanitary Sewer Extension District No. 55 as set forth therein. 4. Execution of Mort aae; qs additional consideration for the release of the special assessments set fanh is Resolution 2000-5, Developer and Lender hereby agree that Developer shall execute and deliver a first mortgage securing the duties and obligations o£Developer under the terzns ofthis Developer Agreemamt and the terms and provisions a~the special assessment for Street Iztaprovetnent District No.174, Water Extension District No. 36, and Sanitary Sewer Extensia~a District No. SS as sec forth in Resolution 2001-31. Attached hereto, marked Exhibit " 3" and incorporated by this reference herein is a copy of the mortgage to be executed and delivered by Developer. Developer further agrees that in the event Developer tenders psymtent im full for the special assessments for any one or more of said lots for Street Improvement District No. 174, Water Extension Dis~riet No. 36, and Sanitary Sewer Extension District No. 55, and 2 SEP~25-2001 16 49 N P DODGE LAND DEU. 402 399 5214 P.04/23 r+~ut e~ desires to have the mortgage lien released as to that lot or lots, that it will provide to City, in the form attached hereto, marked Exhibit "A" attd by this reference iacorpozated herein, a partial release of mortgage fozm which will be executed by the City Admulisttaxor for the City of Blair, Nebraska, and that Developer will be responsible for the wst of preparation of such partial release and the recording of such release at tb~e o~iee of the County Clerk of Washington County, Nebraska. S. Pava~eat of Special Assessor; Developer hereby agrees that it will pay all of the amounts due for the asssssmen~ made agauost the neat estate desesibed in Resolution 2001-31 and Rtrther agrees to pay all amounts before tb~y become delinquent and that it will not allow the same to become delinquent. 6. E ~ eo ; This Agreement shall be binding upon and uprure to the be~aeEt of the Developer, Lertdex, City and their respective successors, representatives artd assigns. IN WITNESS WHEREOF, tb~e patties have executed this Agreement oa the date attd year first above written. WITNESS: ~. _ CTTY OF BL~AIR,, AIEBRASKA ... Its WITNESS: JCM INVESTMENT. INC., A Nebraska Corporation BY. v WITNESS; 11.S. BANK, NATIOIV'A,I. A.SSOCI'ATION, f1k/a FIRST BANK, NATIONAL ASSOCIATION ~(~, ~-,-~- ~, ~_ sy ~ ~f , ~~ ~. . 9EP-25-2©01 16 49 N P DODGE LAhJD DEU. 4D2 399 5214 P.©523 ._ .__ ._ .. PAGE 05 5EP~25-2©D1 16 49 N P DODGE LAND DEU. 4D2 399 5214 P.©6/23 ~~IN~~U:'1l1 10:37 t':lJ. ;U1 d18 41Si5 t:l'~'Y U!~ 1fLAlX ~ ~8m80II LRw ~OU1 ~., `~ f/' - ~~~ ~ ~ RESOLUTION N0.2001- 31. rOUNCYL'-DER ~AY.pT3 L'~T1k.ObtTCED T~ FOLLOyVII~1G R~SOLVIIOIV: SEC3'YON 1. ~ Mayor aad City Cwrwil laere6y find and determine that ptusuane to 1Rrsolatictt 2000-5 certain ~ptcial a~sess~ncnis for 3t~t Impmvemeat Aistrict IJQ. 174, Sanitary S ewer la' ttcrosioa District Na. SS anr3 Watc~t E~ctensian Di6tricE No. 36 were a~~sde oaisginally a~,ainsc ~~ faTlvwung described real estate, Ua-wit: ,bats SA, 5,9, ~, 6B, 7A, 7B, BA, SB, 9A, 9B,10A,14B, 11A,. 11B, I2A.12F3, I3A,13B.1aA,14B, 15A, ISB, Y dA,168,1'1A, 17,8, iruclusivc, beorf'ield Addition. a subdivision is the C'~ity of Blair, Washingtoq County, Nebraska (sub,~ect real aerate); Fimltotmore ~ a rcplat of the osigiaal plat has beau adopted and approved by the City of Blair Planain; Comm:iseion and then City Council for tba City of Hlair,l`lebraalra, and a9 a result, it is necessary m relevy the special asseonts agaio~ct cbe new Iepat description of the subject rtial estate, t-~aely, Luca 1R ?.it, 3R, 4R, SIt, ~ 71;., BR, 9R, It)R. I IR„ I7.ft,13R. I4R.1SIt.161~ 17R, I $~,19R, 20$, i,ua~iv,~ Deax'fteld Kepler I, a subdivision in the a~ of Blair. rNeshmgton Cotarty, Ptcbraska, SEC'JROI`+` 2. That the spacial a,~seasmcnts t~eeied uodar ~alutian 2000.3 fee Street Dmprovecient District 1?4, Seuitaiy Sewer F~tten.QOa D~r:ict No. 5.5 and Water ExtensfQn Die~icr No. 3 6 which 'were oripnaIly made ggai~t th®follovvntg de+eQibod real estate, to-wit Jots SA, SB, - 6e1, 613, 7~, 7i , dq,, age, 9~, gB, 10,t~._i08; 1I~1.1 lB I2A, T2B13A,13B. _14A. 14B,15A15]~, 1dA, :6B,1~A, X18, incliiaive, Deerfield Ac1d3,tiCit, a subdivision in trie City of 131ai~c, Washington, rc,~way, N~raska, be and h«~y m~e revo3ced and ruscirrdsd in rhea entirety. SECTION 3. xLare ahatl be aad there are hereby levied a,~ainet each ofthe low at~i parcels of ground sat out in the attachesd ®ahedule winch is tnat3a~d Exhrbit •'A" and inta:pocatad by this refer~enc~ herein, the smoutits set ant oppoeste aai~d tots aad paroals ot'gtvwnd #rt ~ sch+edul~ fvrth~tmatr, said asse~meata are reacssessmauh agttle spaaal assessments levied under Resalutlon - 6EP,-25-2©Di 16~ 5© IV P DODGE LAF~D DEU. 402 3'~8 5214 P. ©~i23 Ya:tB~%.~1 13:SJ Y~(~j ~.t~.~.~a 1.11] oJt ltLA1J~ •+ DtlWdvu Lsrt ~ ~`C tll 1`0. b00~J-5 and us a cult, saifl asseas~arts are u~Iy due anti payebPe ark shalt draw inrrs~+eac at ~ rak of sevocx perccat (7'~a) per atmum from and aftQ the date ofpasaego of Y$ia Rctolulion and fxonx and ~ the date of clelinque,ney at tlw rata pro~ri,dcd by law. Baia installments fojr Stxocc improves Di~rict 174, Sanitary Scwer Extension 13istris~ N'o. 55 sizd Watar Extension DistYict No. 36 shall beco®e deIinqucnt in ten (10) equal annual installmrnts as fcilows: 2/10th - 9/11/2001 1/l Oth • one year $om th® date hereof 1/10th ~• two years from the date hereof L'10th -'tae years Sim t'ha date hrreaf 1/lUttz - fauT years 5com the date hemof 1/10i~h - fzve years fmm the date i~eaf 1 ~l 0th - six y~ flans the date hereof 1/10th -seven years fxotn flee date hereof In Oth - eight y~ r~ the datC ~f 1 /X 0th - nias yean~ fmzm the dace he~reoi° SECTION 3. Afi >aid a'~QSSmwrs shall he a lien on the teal t~txbc described an the attach schedule hereto and saiQ special assessment levy shell be due l~ fife date k~reof and shall be ceztilied h} the City Clerk to cbe'xteas~ ol'the Qiry for collection. ~ECTIOT`` 4. The schedule of eseessments attached hereto, mat9~ Bxtubit "A" sad ittcozparated herein by this re{ezence axe made a part of the Minutes of this meeting and etc hereby mark a part of the Rosvluticn as if RYlly stated herein. CGt-KCIL MEMBER 5~i0TWELL MOVED TiiAT T~ RBSOLtJTIOIv' 13E ADAPTED AS READ, VF'HICH SAS M01~OI1i WAS SECOIVT~ED ~BY CO'(YNC~ Iv~~VlBER KLAJ..pH. UPON 120LL CALL. COZ7NCII. MEMBERS REL?~~I, SHOTWELI., FAN'OTLE, I<4C1vlANZGAL. wOLFF AND BlFFAR YOT~tG "A'YE" AND CovrrC~. HERS NOI~ voT~r;G "NAY", TI3~ MAYOR b15CLA1LBD THE 174REGOJNG RFSOLUTTON PASSED RNLI APPJftOYED I7EiIS 11TH DAY OP 5l?PTEMBBR, 20x1. . SEP-25-2001 16 50 N P DDDGE LAND DEU. 402 399 5214 P.09123 rr •t ~r~~ r• i iBV1.'rA.1J'+4'~Y 08.E En~ 11 13~,,,, : 37 !'~3~,{_,~+1,~~ 4.til~,r,,, u a s yr s+.~san r~....» .... w,h'F1Gt 1'JE1 ', . ~ ', CITY ~~ B~.R1R, Nl~AASKA '! A f ~ .. / .~ H ,~. ~: T':~YI.OR, CY Cr E12I~. :~ ~- ~- .. ,, ~ ~ v ^~•:tin STtLZ E ~F A~B~tA ;Y:A } '. • ss. wASgN'GTOiv COYTNIY j ~ e '' BY C .A. ,. , ~rtA.'X"Olt ', ~REt'dAA R. TAYLOR, hereby ccrti5,ea that she is ~e duly. appointez!„ gnslified~ actun,~ City Ciar~c a£~e City of BtaiX, N' aad that tlxn above and fategoiug Resolution was passtd and adolttsd at a zeSc~ar ffieetixig of the Mayor aztd city Co~cil of saia Carry, bola on tha 1 ith day of SeptemUer, Zt101. B .14. R. TAYLOR, CL~R.K ba 5EP-25-2001 1650 N P DGDGE LAhJD DEV. 402 39B 5214 P.09i23 -- ~-' ." ." PAGE 09 OBIT "A" SCREDULE Off' SPECIAL ASSESSMENTS FOIL STREET' IMPROVEMENT DXSTR~C',C 174, 5AaV'TTARY SEWER E~T'ENSION bISTRiCT NO. SS .AND WATER E~T'ENSION DIST~CX' N0.36 ST SET IMP O ~ ,NT bISTRYCT O 174 ~aI Description Lot 1R Lot 2R Lot 3R Lot 4R Lot 5R Lot 6R Lot 7R Lot 8R Lat 9R Lot loR Lot I1R Lot 12R Lot 13R Lot 14R Lot 1511 _ _ _ Lot 16R _ _. Lot 17R 1,ot 18R Lot 19R Lot 20R Awou~at $3,758.1S $3,758.15 $3,758.15 $3,758.15 53,758.15 $3,758.15 $3,758.15 $3,758.15 $3,758.15 $3,758.15 $3,758.I5 $3,758.1 S $3,?58.15 $3,758.1 S $3,758,15. $3,758.15 $3,7S8.I5 $3,75'8.15 $3,758.15 $3,758.29 GARY SEWER ~NCTnty DYSTRICT NO 55 ~,e~al Y?escrioliiae Lot Ilt Lot 2R Lot 31t, o t $1,642.86 $1,642.86 $1,642.86 1'agc 1 of 2 SEP-25-2001 1650 N P DODGE LAND DEU. Lot 4R $1,642.86 Loc SR ~ 1,642.86 Lot 6R $1,642.86 . I.ot 7R. ~ 1,642.86 Lot 8R. $1,642.86 Lot 9R $1,642.86.. . Lot 10R 51,642.86 Lot 11R $1,642.86 .Lot 12R $1,642.86 Lot 13R $1,642.86 Lot 14R $1,642.86 Lot 1SR $1,642.86 Lot 1611 $1,642.86 Lot 17R $1,642.86 Lot 18R $1,642, 86 Lot 19R $1,642.86 Z.ot 20R $1,642.90 WATER E~CTFN~t3N DISTRXCT Nd. 36 Leg~a~ Dript,ion 402 399 5214 P. 10/23 ~ .ruc.. t V Lot 1R 5635.42 Lot 2R $635.42 Lot 3It $635.42 Lot 4R ~ $635.42 Lot 51t $635.42. J Lot 6R $635.42 _. _ _ Lit 8R 5635.42 Lot 9R $635.42 Lot 10R $635.42 Lot.11R $635.42 Lot 12R $635.42 ~ 13R $635.42 Lot ~4~t $635.42 Lot 1 SR $635.42 Lot 16R $b35.42 Lot 17R 5635.42 Lot I8R $635.42 Lot X9R, $635.42 Lot ZOR $635.56- , Page 2 of 2 5EP-25-2001 1650 N P DODGE LAND DEU. 402 398 5214 P.11f23 • • ~..~ .-. .~ • •.. ~.r~v rou.•v ' Y~ '11 TES PAGE YN'I'FNTYONALLYLEFI BLANK S,EP-25-2001 16 50 N P DODGE LF1ND DEU. ~99I24I2891 15:57 1a82426a9a8 LX ~~,~:~ fi- ~uso~nnv~,~rrox ~, >~ 402 398 5214 P .12.''23 ruauc va 7l'bu~ Subarciioation Amt cute,red into by a~ad between t21TY Ol; BLAIIt, NffiRASKA (ham' zzfetred toms "City") and U.S. BANXC lrT~l~'lONAI. ASSaCTATION (hercinai~er ze~otosll to as °'Bacik'~. '4VEiPREAS, On oz abocrt September 11, 2041, City, Bank and 7CM INVES7 ' CS, INC. entbred into a Developet't Agreement whereby, special assessmcuts for Street Tmgro~re~meat Disaxct T1o. 174 in the amount of X75,163.14, special assessulents in the amount of $12,708.54 for Watec I?xtemsion District Z`lo, 36. and special asses ants for Samitary Sevror Extension District No. ~S is the amount of 532,857.24 w~c mleased and we~t+e m-assessed a~nci re-levied on t+eplat ozt flee ~nllowing described replatt~od Lots, namoly: Lets IRS 2R, 3R. 4R. SR. 6R, 7R, 8R. 9R, l OR, l 1 R,12R,131t,14R,1 SR,16R,17R 18R,19R and 20R, in Deerfield Rcplat I, a Subdivision in the City of Blair, Waslsirrgton County, Nebraska. AREAS, in order to induce City to. release Said special assessments and to re-levy the . wino va the teplattcd lots, Back attd JClv1 Investments, Inc, agxee to subordinate the Gen is favor of U.S, Bank for a Decd of Trust dead t~tobe~r l0, I997, and recorded yanuary 22,1498 in Book - 27+5, Page: 749 in ehe l~al Bstafc J~o~ords o€ the ~Yashin8ttoq Cotmh' Cl~dc-to the lies ~ favor of __ the City for such specaa! assesslnente and, a Mortgage ~ favor of the City of Blair to gecute ail of the obligations and duties ofJCM investments, bac. by virtue ofa lReveloper's Agr~erment dated September 11, z001. l~OR VALUABLE COI~l5IDERATiON, RECEIPT OP WHICH IS IiERE13Y A`CRNa~-~GBA, THE PARTIES HERETO AGREE AS Ft17GLOWS: i • 'Hari B. Bank hereby subordinates its tiett evide~aoed by a Deed of Trust dated October 10, 1997, and recorded is Book a?6,. Page 709 of the Heat Estate Reeorcls of cbe SEP-2~f-2001 04:02pM TEt.)14fl242C484H XD) PAGE:082 R,ggr • ~ 5EP-25-2001 16 51 N P DUDGE LAND DEU. 402 399 5214 P.13i23 _". '`. ""® •••. •" ~ ~•~~~• 1U:91d'c' ;598 5214 P.0@3~004 89/24/2H01 15:57 14024264848 rapt, o~ • .....,. a 'Washington County Clet9r, secu~g a Promissory Note with a pxiucipal balance of $1.219 :-•142.59 . given by JCIV,[ Xnvestmeats, Inc. to Bank, unto the luca for special assessments is favoac of City as evidenced by ResoIutia-a 2401-3X, ~d D+lostgege in favor of City give~l by JCR htYes4onta~its, Inc., lCCOrded in l~QOk 3~ Pages hg,~ 3- of the Jlt~l Estate Rcxords of the Washington County Cler9c, which secures thu dutiq and oblig,~ons of JC&! lnvesto-eatS, Iao. regarding. special assessments, by Virtue of a Develope~c°s Agieemeant dated September' la 2001. 'Ibe parties agree and waderstand, a~p~d it is the iauntion of the parries tha; the special asscssrnent levied pint to Rosolurion 2001-3 ! and tt~ Moxtgage inn favor of the Ciry of Blair 2nd recorded in Book 346 65.7- ~~ Meal Estate lZscords of the .~ Page s ti ti ~ washungsoa County Clark, stall be superior to the lira and Deed of Trust reforrcd to hcxeinabove in favor of Bad and all amatmts secu~d thereby. Z.• B' 'eo a'~ct; The parties b~e~to agree that this Subordination Ag~went shall be binding upon and incnce to the benefit oFthe parties hereto. their hens,,, successors and assigns. Date: ~"~ ~ G/ U.S. BANS, NATIONAL. ASSOCtA.TrON Ay ~: 1 ~~~ car o~ BLAB, rtE$RASxA $y 2 SAP-c4-2001 O~Qa ~F'hl TR.)14024264848 I~) PA6E:003 R=98~ ' 5EP-25-2001 16 51 -~ ~•• --rW wV• IV 1 I\N 1• 89l24/288A 15x57 148Za264948 STALE O~ NEBRASKA N P DODGE LAND DEV. 402 398 5214 P.14i23 ~ ~: ~r~a ~~o acts r. b~~~4 r,ha~ w COUN~'X OF WA,aHIIVGTON :ss: The foncgoitng instttmaatt was'ael~aowXodgod before oae tbas ~ s- day o~ S-~, ~~, 204X, by _~s r~ ~'~ `~ ~~ , Dub/ Auth~orizad O~icrr of U.S. Baak, National Association, on beb~aii'ofthc Bank. ~I ~ Notary PubPic ^~ cviinnesota •~+ My L'anln~lssluu Expires Jan 31 2(H15 STATE O~F NEBRASKA. ) COUN'X"X' O~ yVA~HINGxON ~ •ss. Notary A3bltc The forego' ins ent was ackttovvlsdgecl be~oaee me this /~~ day of. 0~ i 2x41, by _, ,~k cis ~ _ ~~~~ 2 of the City o~'Blair, Nebraska. w.~• "'~"' 3 S'~P`c4-2x01 04:02PM TEL)A4024264848 TD) PaGE,:064 R=98x SEP-25-2001 16 51 N P DDDGE LAND DEU. 402 399 5214 P.15.i23 ' ~ AtJt~ i J ~,S ~e9~.GE INTFN'~'OIYA~,LY LEFT BLANK s • 5ER-25-2001 16 51 N P DODGE LAND DEU. ~'~r1~ ~ ~i,T 3 402 399 5214 P. 16/23 s u. -vv~c .ago ,seae r. ~~ NJU3 REAL ESTATE MO~tTGACE JCM Inveshnents, :[nc., a Nebraska corporation (Mortgagor), in consideration ofthe sum of S12o,728.00 DOLLARS iq hand pa;d do hereby S$Y',,L and CONVEY unto the City of Blair, Nebraska of Washington County, and State ofNebraska the followring descn~ed premses situated in Washington county and State of Nebr'a~s=ka, to wit: Lots 1R, 2R, 3R, 4R, 5R, 6R, 7R, gR, 9,g~ 10R, 1 !~ 12R, 13R, 14R, 15.E 16R, 17R, i 8R, 19R, 20R, inclusive, Dee~#'ield Replat i, a subdivision in the City ofBlair, Washington County, Nebraska ("Real late" ). The intention being to convey hereby an absolute title in fee simple including all the rights of homestead and dower. TO HAVE AND TO HOLD the premises above described, with al! the appurtenances thereunto belonging unto the said Mortgagee and to its heirs and assigns,, forever, provided always, and these presents aze upon the express condition that if the aforesaid lviortgagor, or its heirs, Mors, administrators or assigns shall pay or cause to be paid to the said lV,[ortgagee, and its heirs, executors, adnnistrators or assigns, the sum of $120,728.00 Dollars, payable according to the tenor and effect of a certain City of flair Resolution No. 2001-31 (",{resolution No. 31p), where the Iuf°rtgagee levied special assessments against tlxe lots descn~ed above for certaict public improvements benefitting such real estate, which installments are to be paid in the amount and pursuant to Resolution No. 31, a copy of which is attached hereto as Exhibit "A" and by reference made a peat hereof, then these presents to be void, otherwise to be and remain in flu!! force, In the event the installments on the specaal assessments against the lots are not paid pursuant to Resolution No, 31, then interest shall accrue upon the delinquent installment or installments from and after the date o£dalinquency at the rate provided bylaw, all pursuant to Resolution No. 3 3. This mortgage is given to secure payment in favor ofthe Mortgagee ofthe special assessment levied against the lots described above pursuant to Resolution No. 3 i attached hereto as Exhibit "A" and paragraphs 4 and 5 of the Developer's Ageenaent dated September 11, 2001 regarding the Real Estate. Notwithatattdiagony other provision contained herein to the contraay, the Mortgagee agrees to execute aand deliver to Mortgagor Partial I+dortgage Releases for the release of the individual lots described above upon the lv~tartgagor paying the special assessments plus interest levied against cash individual lot as set forth in Resolution No. 31 attached hereto and that the Mortgagee agrees to execute and deliver such Partial Mortgage Release(s) upon the payment in full of the principal and interest levied against any one or more of the individual lots by the Mortgagor even though the payment of one or mare of the installments afthe special assessments on another lot or lots may he delinquent. 1T YS ~'I-~'REPORE AGREED that if the Mortgagor shall fail to pay the special assessments pursuant to Resolution No. 31 and bevelo~er's Agreement and if such special assessments levied pursuant to Resolution No, 31 are found to be .invalid, ,then the Mortgagee shall have the right to proceed to collect the special assessments pursuant to the terms of paragraphs 4 and 5 ofDeveloper's SEP~-25-2001 1~5~52 N P DODGE-LAND DEU. 402 398 5214 P.17i23 iu:++l~ syti b~ P.003~003 Agreement in an acxion to foreclose the lien granted herein against the Real estate. Notwithstanding the foregoing, this obl~garion is nonrecourse as to the lv~ortgagor oral as.a result, the Mortgagor has no personal obligation to pay airy deficiency which may be created after foreclosure of this Mortgage and subsequent judicial sale of the Rai Estate, signed this `day of ~.~~~~~~ ,~ zoos . zn presence af: STATE OF NEBRA5YCA ~Ss. couNTY o~ w~s~vGraN ~ rCMlnvestments, Znc., aNebraslca,corporation, Mortgagor sy: Tts President On this ~ ~ day of~~C~~~ 2001, before me, the undersi~med a Notary Public, duly connmissio~ae,d and quatif ed for in said county, personally carte ~ l.~ J- ~ -~'h l~~ (~ y~ r~ isb rZ„ the President of ICM Innr-estmex<ts, Ync., a Nebraska corporation. who ac~owledges tl~e execution thereof to be her voluntary act and deed and the voituttary act and deed o£ said corporation. ~. Notary Public ~ NeYrn~ ANNETTE C. KING IINyy Comm. ExF. i9, 20az 7~:4tGR&1i31RL'ALUC~ fmq,~ • ScPr25-2flD1 16 ~ 49 N P DDDGc LAID DEV. ~ 5 C, 402 398 5214 P. 0623 Vit~YP1s it1 10:32 !''a.i itl1 4Ya {33i3 Ci'i'Y U!r BLAlx + lY~oII L1tw ~b>iQl yv • ~~ u ~~~ A Rir.SOLUTIOI~ NO.2001- 31 COUNC~'.41EMBER REALPH 1'~IRODUCED TIC FOLLOWINGRESOLLTIION: SECTION I. ~ MsYat and (catty Cannatl hereby fiad acid deteaaiae that pnrsuaat to Resoluticti 2000-S certavp ~ccial a~ses~maris fat street impmvetaeat District No.17a, Satutazy Seaver Extcasioti District No. SS and Wazer Exiansioa Diatticf No. 36 waa as~dn a+ci~127 against rho fallowing dcs~ibed real estate, Ue-wit: Lots SA, SB, 6A, 6B, 7A, 7B, 8A, 8B, gA, 9B, IOA, itlB, 1IA,. 11B, 12A IZS, 13A,138, laA, 148, ISA,ISH, 26A,16H, I'71~, 178, itzrituiw", beerfitId Addition. err subdivisiAa in the City of Blair, Washington Ceuaty. Nebraska (sr:bject real :stazc}; P~uthotaiare ttia,t a rcplat of the original plat hss bees adopted and a~roved by ~e City of 3lair PlaatainQ Coa~iaeiaa and the City Cot:acil for the City of Bleu, Nebrsaka, attd ss a result, it is necessary to rclcvy the special assessaasents ag~tetrst tDe new Ie~1 dcscriptioa of the subject real et4ta~, ram!}, Z,ots 1R, ZR, 3R, 4R, SR, 6~t, 7kr 8R, 9R•. IOR 1 dR.1ZIt,13R 14R 1SR 16~,17R, I $R, I9R, 20?t, inclusive; Deeriteld Kepler ~ $ subdiViiioa in the Qty of Blair. washhigton Cattaty, Nebraska SECTION 2. That the special astttsgsrnetzcs Ievie~ utsaor I2.esolutiaa Zp00-S fns Street ~t+oveme~ Duct 174, Sanizacy sewer F.xte~ion District No. SS and water F.xzeostcn DiB.7 ct No. 36 wfiich were; originally made: against the fOllowiag deaQibed real esteie, to-wit Lots SA,'SB, 6A, 6B, 7A, 78, $A, $8, 9A, gb, 10,t~.108, IIA, 11B, I2A,12B, 13A,13B, I4A laB, ISA. ISB, 16A, :,6H, 17A,1'1B, iaclii~ive, Deet•Sttw;dAdditlen, asubt3ivisioa is the qty of9laac, Wa~hiagtaa CouutY, Nebraska, be aid Iterehy mre revoked and rescinded in their entirety. SECTION ~. Tharc stall be and :here +qe hereby levied agaia9t each of the lots 8aci parcels of gt»ttnd ~t oest is the amrc~ted seliedule ~+bicdt is mait3wd FxhYbit "A" sad iacmpoeaud by this refsr+eact herein, thv amout[ts set oat npposete aai+d Iota mad parcels oYg:vvad in etc$ schedssle: fiuthermnre, said assessmects erne reasseastnaats aFttie spct~al asse~sstaeats levied undttResadutiaa ~-. _ ~• w by .' SEP-~5-2001 16 ~ 50 N P DODGE LFrND DEV . 402 398 5214 P. 0723 iIY:LVf~1~L LO:SJ !,i~Ul jj~a b1a) ~Jr r-u-1x + 6 ~, u No. ~ON.I~-5 aad nc a cntult~ said assea~rs are immaifs~eIy due aac3 pe~ybk aad ehaU drAw ina~ at the ratr of:evaa peeeeat (7'h) per armum from aad after the date ofpauage of thv Rrsoltrlivn aad ~ atsd a#tar the date of deiiaquency at ~ rata provided by law. Said its fat Strca Impmveratai District 174, 3aaitary Sower Exzeasion Dis~etvo. SS and VlTator Extesuion District No. ~6 shall become del~qu+erd in tea (10) egnat enaual iast2lltarnu as fbllow~ UI Otfr - 9/1.1/2001 1/loch - aae year $vm the date hereof 1/10th •• two years from the date hzttrof L1IOth -throe y~ $oai the @ate he3eof 1/I Uth - faun years fmm the date hereof Ulath -five years fmm the date herea~f 1/1 Oth - sfx yeas from the dais hereof 1/Iah - seven years fmm clue dam hereof Ill 0th - ciaht y~ from the datc t>eteoE 1/10th - rriae yew fiazu the date hac+cof S~CTIt3Y 3. All ~d sssesstacacs shall he a lien. as ;i:,e :ral tatcabe d on the attaeTzed sch~edzite hereto and said special aasessm,eat Ievy shall. ba due Erom the date heamf Sad sluttl be cetni3ed h} tti: CSty C1edc m the Treasurmr of the Qty ~ calleetiots. SECIZOI~T 4. Tice schedule of asaeesmettts attsc.':ad hereto, matlecd Exhibit. "A" sad iararporazed herein by this refexeace are made a part of the ~Eiatites of this maeti~ and are haebY asada a pert of the Rasols~ica na if rL31y stato~d hrreia. COtTCIL MEMBER SHOTtiYELL ~riOVED THAI Thy .~.~SOLUTIOl`' BE ADOPTED AS RE.~D, V6T3ICH S,A~ M01ZOri WAS SL"CO1v~Ea BY COG'~tCII. ME11rIBFR RIwP~Lp'Fi E~~OTF ROLL CALL. COVNCu. MEMHER4 REL.3,f''t~ SHOTwPLL, FAN4&LE. I<iCM~1IGALr WOi.FF AND BIFFA~R VO'TL~FG "AYE" ~vD CO~ITtiC1L C ERS NAIVE YOZ'Il~iG "NAY", IHE M1~,YOR bI~CLARBD IF3E FORE~G RESOLUTION PASSED AND APPROVID IHIB I1TH DAY OF 5EP1'EMBPR, 20flI. 4; ~; .~ • ~ SAP-.25-2001 16:50 N P DODGE LAND DEU. 402 39B 5214 P.08i23 • ~~u~~tu/~V~Y ,~~08121-~r~ 1~ 3: 5J fj7 1iiN~ ~saa vw ~raaw ~ ~[ ~ •r ~..~ ~ , NAtat 171 CITY OF BLAIIt. NEBRASKA .. BY A . .MAYOR A ~~ % ~ .~ B ;~ fit: T FOR, C CLERK \ 'r ~ _ . ~~~_ . ~ . _.•;,~ ST'a?E ~F A~EB~LA.~A } :sue; • • ' '~`' wASHNGT4ly Ct3UNIY j HRE?dDA R. TAYLOR, hereby catifrea $lat sfse is the duly ag~attcd. qualified and usag City LIetic of ~e Giry of Blffix, Ncbzaska, aad that tfte abQ~+e aad foregoing Rcso[tttioa was passed aad aefoptcd at ~ rrga2ar a¢ttirtg of ttte Mayor aad City Cozmcil of said City, held on ~e 1 Ith day of Septernher, 2001_ B 1k. R. TAYLOR, CLERK ba • SEP-25-2001 16=~0 N P LAND DE~J. ~ 402 398.5214 P.09~23 - _ .__.~.~... e~ P~ 09 - ~ ~ bb SCHEDULE OF SPECIAY. ASSESSME.'vTS FOR STRF~? IMPROVEMENT DYS'~C'~ x'74, SAlYTTARY SEWER EXTENSION DISTRYCT NO.55 A~~tD WATER E;~TE~TSION DIST`RIC'T NO.36 S?REET Il4EP AV'0'14~NT DISTRICT' NO.174 mat Dcscriotion Amount • Lat 1R X3,758.15 Lot ~ 53,758.15 Lot 3R ~3,758.I5 Lct 4R 53,758.15 Lot SR 53,758.15 Lvt ~ $3,75$.15 Lot ?R $3,758.15 Lot 8R 53,758.15 I.ct 9R 53,758.15 Lat IOR $3,758.15 Lot 11R 53,758.15 Lot 22R 53,758.15 Lat 13R S3,7S8.I5 Lot 14R ~3,758.I5 Lat ISR $3,758:15 Lat. I6R 53,758.15 Lot I?R $3,758.15 Lat I8R 53,758.15 Lot I9R 53,758.IS • Lot 20R 53,758.29 ~'!~TTARY SEWER XTENSION nYS'rRrCT xe 4S dal Deacriotiop Lat IR Lat 2R Lat 3R a nt a1,~zs~ al,~azs6 51,642.8b Page I of Z ~~~ • ,SEP-25--2601 1650 N P DODGc LAND DEU. 482 398 5214 P.10i23 ._...(. 66 3 . ~.. ~~ Lot 4R ~ 1,64286 Lot SR $1,64286 Lot 6R 51,642.86 I.ot 7R a 1,642.86 Lot 8R $1,642.86 Lot 9R S 1,64Z.8b- Lot lOR $1,642.86 Lot IIR 51.642.86 Lot 12R 31,64Z.Sb Lot 13R 51,642,86 Lot 14R Si,6428b Lot 15R 5I,64286 Lot 16k $I,6428b Lot 17R 31.642.86 Lot 18R $1,64286 Lot 19R 51,6428b Lot 20R 51,642.90 wAT~R ESN SON DISTRICT N0.36 Laval Description Lot 1R Lot ZR Lct 3R Lot 4R Lot SR Lot 6R Lot ?R Lot 8R I.ot 9R Lot lOR Lot 11R Lot 12R Lot 13R Lot IdR Loc I SR Lot I6R Lot 17R Lot 18R Lot 19R Loc ZOR SG35.42 $63S.4Z 5635.42 5635.42 S63S.a2 5635.42 $635.42 563S.4Z $635.42 $635.42 Sb35.42 5635.42 $635.42 $635.42 S63S.42 S63S.42 5635.42 $635.42 5635.42 . $635.56 Page 2 of 2 ~~ SEP-25-2001 16 52 N P DODGE LF1NB DEU. 402 398 5214 P. 18/23 ~ nv~. A V THIS P~iGE ~ITENI~ON.ALLY LE'I' BY.ANK • 6EP-25-2001 16=52 N P DDDGE LAND DEU. n ~ +- ~~ ~i~ P,~RTIAL REL Q~ TCr1P-GE 402 398 5214• P. 19.'23 VV~,ItBAS, a portion ofthe indebtedness secured by the moztgage dated 5eptembar „ 2001 end executed by JCM Inve~mentsy Inc., aNebraska corporatioq as the Mortgagor in favor of the City ofBlair, Nebraska, a Nebraska political subdivision, as the IViortgagee, and recorded in the office of the Register of Deeds, Washington County, Nebraska, on the day of September 2001 in Boole at Page .Mortgage Records, has been paid. Xn consideration of such partial payme~at, the Mortgagee hereby releases, without wangnty, all of its right, title, interest, claim and hen actluired by the Mortgagee pursuant to the mortgage in and to the follawiug described real property, to-wit: Lot , in neerfield Replat T, a subdivision in the City of Blair,l~iashingtos~ County, Nebraska. 1N `WITNESS VV~lEItEOF, the undersigned has eXewted this partial mortgage release on the day of .2001. City of Blair, Nebraska, By; Zts State o~Nebra4ka ) )SS: County oflDouglas ) Aclrnowledged on this day of .2001,, be~'ore me, the undersigned, a notary public, in and fur said county and state, came the . of the City oaf Blair, Nebraska, to me personally known to be the pexsom whose name is affixed to the foregoing i~ment and acknowledged e~cecuuon of it to be his/her voluntary act and decd, acknowledged that he/she has the authority to exewte this instrument, and acknowledged that he/she executed the instrument on behalf of the City of Blair, Nebxska Wrmess my hand and notarial .seal on the day and year Srst above written. rs~t Notary Public ~:w~o~r~a,t rc.~ ~,~a ~~ sot .,tea CEP-25-20D1 16 52 N P DDDGE LAND DEU. 402 398 5214 P.20i23 ~IIS PAGE 1NT~NT1'ONAl~~y ~ ~~ BLANK A. .~ RESOLUTION N0.2001- 31 COUNCIL MEMBER REALPH INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine that pursuant to Resolution 2000-5 certain special assessments for Street Improvement District No. 174, Sanitary Sewer Extension District No. 55 and Water Extension District No. 36 were made originally against the following described real estate, to-wit: Lots SA, SB, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, l OB, 11A, 11B, 12A, 12B, 13A, 13B, 14A, 14B, 15A, 15B, 16A, 16B, 17A, 17B, inclusive, Deerfield Addition, a subdivision in the City of Blair, Washington County, Nebraska (subject real estate); furthermore that a replat of the original plat has been adopted and approved by the City of Blair Planning Commission and the City Council for the City of Blair, Nebraska, and as a result, it is necessary to relevy the special assessments against the new legal description of the subject real estate, namely, Lots 1R, 2R, 3R, 4R, SR, 6R, 7R, 8R, 9R, 10R,11R,12R,13R, 14R, 15R, 16R, 17R, 18R, 19R, 20R, inclusive, Deerfield Replat I, a subdivision in the City of Blair, Washington County, Nebraska SECTION 2. That the special assessments levied under Resolution 2000-5 for Street .Improvement District 174, Sanitary Sewer Extension District No. 55 and Water Extension District No. 36 which were originally made against the following described real estate, to-wit: Lots SA, SB, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, IOB, 11A, 11B, 12A, 12B, 13A, 13B, 14A, 14B, 15A, 15B, 16A, 16B, 17A, 17B, inclusive, Deerfield Addition, a subdivision in the City of Blair, Washington County, Nebraska, be and hereby are revoked and rescinded in their entirety. SECTION 3. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedule which is marked Exhibit "A" and incorporated by this reference herein, the amounts set out opposite said lots and parcels of ground in such schedule; furthermore, said assessments reassessments of the special assessments levied under Resolution 2 ' No. 2000-5 and as a result, said assessments are immediately due and payable and shall draw interest at the rate of seven percent (7%) 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. 55 and Water Extension District No. 36 shall become delinquent in ten (10) equal annual installments as follows: DUE DATE 1/10th - 9/11/2001 1/10th -one year from the date hereof 1/10th -two years from the date hereof 1110th -three years from the date hereof 1/10th -four years from th'e date hereof 1/10th -five years from the date hereof 1/10th -six years from the date hereof 1/10th -seven years from the date hereof 1/10th -eight years from the date hereof 1/10th -nine years from the date hereof SECTION 3. All said assessments shall be a lien on the real estate described on the attached schedule hereto and said special assessment levy shall be due from the date hereof and shall be certified by the City Clerk to the Treasurer of the City for collection. SECTION 4. The schedule of assessments attached hereto, marked Exhibit "A" and incorporated herein by this reference are made a part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER REALPH. UPON ROLL CALL, COUNCIL MEMBERS RELAPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCII, MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2001. 4,~ f • CITY OF BLAIR,: NEBRASKA.. ,~ BY C A.. S, MAYOR ATTE T: BRENDA R, TAYLQ ITY CI;ERK (SEAL) .. STATE QF NEBRASKA ) _ ) ss: WASHINGTON C®UNTY BRENI3A 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 September, 2601. BRENDA R. TAYLOR, C CLERK bo ~~ , ~ . SCHEDULE OF SPECIAL ASSESSMENTS FOR STREET IlVIPROVEMENT DISTRICT 174, SANI`T'ARY SEWER EXTENSION DISTRICT NO.55 AND WATER EXTENSION DISTRICT N0.36 STREET Il1~1'ROVEMENT I)ISTRTCT NO 174 _Lggal best Ut10II AIDOIIIIt Lot 1R $3,758.15 Lot 2R $3,758.15 Lot 3R $3,758.15 Lot 4R $3,758.1.5 Lot SR $3,?S8.1S Lot 6R $3,758.15 Lot 7R $3,758.15 Lot 8R $3,7S8.IS Lot 9R $3,758.15 Lot TOR $3,758.15 Lot. 11R $3,758.15 Lot 12R $3,758.15 .Lot 13R $3,758.15 Lot 14R $3,75$.15 Lot 15R .$3,758.15 Lot 16R $3,758.1 S Lot 17R $3,758.15 Lot 18R $3,758:15 Lot 19R $3,758.15' Lot 20R $3,758.29 SANITARY SEWER FXTF.N~TON I)ISTRjCT NO 55 L~ga1 l~escri~tion Amount. Lot 1R $1,642.86 Lot 2R $1,642.86 Lot 3R $1,642.86 Lot 4R $1,642.86 Lot 5R $1,642.86 Lot 6R $1,642.86 Lot 7R $.1,642.86 Lot 8R $1,642.86 Lot 9R $1,642.86 Lot lOR $1,642.86 Lot 11R $1,642.86 Lot 12R $1,642.86 Lot 13R $1,642.86 Lot 14R $1,642.86 Lot 15R $1,642.86 Lot 16R $1,642.86 Lot 17R $1,642.86 Lot 18R $1,642.86 Lot 19R $1,642.86 Lot 20R $1,642.90 WATER EXTENSION DISTRICT N0.36 Legal Description ount Lot 1R $635.42 Lot 2R $635.42 Lot 3R $635.42 Lot 4R $635.42 Lot SR $635.42 Lot 6R $635.42 Lot 7R $635.42 Lot 8R $635.42 Lot 9R $635.42 Lot lOR $635.42 Lot 11R $635.42 Lot 12R $635.42 Lot 13R $635.42 Lot 14R $635.42 Lot 15R $635.42 Lot 16R $635.42 Lot 17R $635.42 Lot 18R $635.42 Lot 19R $635.42 Lot 20R $635.56 '"' RESOLUTION 2001- 32 COUNCILMEMBER REALPH INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with a Developer's Agreement between the City of Blair, Nebraska, JCM Investments, Inc., and U.S. Bank, National Association to develop Outlot 1 and Lots 118-142, inclusive, in Deerfield First Addition to the City of Blair, Washington County, Nebraska. WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein, which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska, and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized and directed to execute said Developer's Agreement on behalf of the municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS REALPH, SHOTWELL, FANOELE, MCMAIVIGAL, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11TH DAY OF SEPTEMBER, 2001. CITY OF BLAIR, NEBRASKA 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 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 11 ~' day of September, 2001. ~~~~ BRENDA R. TAYLOR, C Y CLERK SEP-25-2001 16 52 N P DODGE LAND DEU. 402 398 5214 P.21r23 f .~-• DEVEI,,OPEft'S ,A,GRL)EM1EN'It This Agreement made this „_____ day of September, 2001, by and between the City of Blain, Nebraska, hereinafter referred to as ``City", JCI~ Investments, jnc., a Nebraska cozporation, hereinafter referred to as the "Developez", and U.S. Bank, Na~tonal Association, f/k!a Fast Back, National Association, hereina$er referred to as "Lender"- WI~REAS, Developer proposes to develop the following described real estate, to-wat: Tots 1X8-142, inclusive, in Deerfiield First Addition to the City of Alaix, Washington County, Nebraska, (hereiaafler referred to as "1?roperty'~; W1~EREAS, Developer has requested City form improvement and extension districts for sbCeet, water anal sewer services to the Property attd is williaag to participate in and fund a portion of the cost of said improvement witthout same being assessed against the Property; and WHEREAS, Lender nnay have or claim ~ interest im said real estate and agree its interest skull be junior and inferior to City's special assessments against said real estate for the construction of such improvements. ~tOW, 'i`l l(EItEFORE, in consideration of the mutual covenants and benefits to each party as set forth hereiq it is agreed as follows: 1. I~,rnrovement DistrictsLU~erfselc~ixst Addition: The parties hereto agree that the following rights and obligations shall apply to Lots 118 through 142 and Outlat 1, alD. locaeed in Deed eld First Addition to the City of Blair, Washington County, Nebraska, to-wit: - ____ (a) __ Developer shallfile:-with,: City its.petition for tlte_creaton_of_said improvement districts, Pursuant to the applicable terms, conditions, azxd prohibitions of the statutes of the State of Nebraska, City will create street, water, and sewer improvement districu for the construction of said improvements within the • Property according to the terms of this Agreement. (b) All improvements and construction under said disttrictg shall be made pursuant to the specifications of City. All contracts for such improvements shall be entered into by City and a~ccordirtg to the terms and conditions approved by Ciry. (c) Developer hereby agrees to pay twenty percent (20%) of all construction costs attributed to such districts. Upon the execution of the contracts for the construction of such iropravements, Developer shall post a security bond guaranteeing payment of said twenty percent (20%) upon completion of the ~ contracts and payment thereon by City to the contractors, or Developer shall ~ deposit a cash sum with the City equal to twenty percent (20%) of the contract 5EP-25-2001 16 52 N P DQDGE Li~ND DEU. 402 398 5214 P.22123 `. prices, said deposit array be used by City for payment o£ the I3eveloper's share of the contracts far construction of said improvertXents• (d) It is specifically agreed between the parties, that Developer shall be zesponsible for and pay upon completion of construction under the contracts, a sum equal to twenty percent (20%) of the actual construction cost. In the event said surety bond or cash deposit exceeds said twenty percent (20%), City shall remit the balance to neveloper. Zn the etieat the surety bond or cash deposit is less than twenty percent (20%) of the actual construction cost, Developer shall within $ftieen (15) days following motif cation by the City of such deficiency remit same to the City. 'The remaining eighty percent (80%) of the actual construction cost shall be paid by the City to the contractors and specially assessed as more particularly set out below. (e) City shall levy the special assessment portion of the actual construction costs, aver credit for such twenty percent (20%) amount paid by the Developer, against the Property specifically benefitted based upon aaa allocation of special beztefits from the improvements completed by the project's engineer, I~GM Associates, Inc., at)•d approved by tlbe City attd the 1eveloper. the City shall levy such special assessments within one hundred twenty (I20) days from the date that the engineer certaf' tes the completion of the improvements being installed under the improvement districts. The procedure for levying the special assessments shall be that set forth in the City of Blair Mutti,cipal Code and the Statutes of Nebraska. The term "actual construction cost" shall include the engineering costs that relate to the improvemenfi. (~ Ifi is further agreed by all parties hereto, that said special assessments shall be a f rst lien on the real estate for such construction and improvements, subject only to general real estate taxes levied and assessed against said premises and that all ®sher interests,..encuznbrances, or iaea~, including. these ui favor ®f Lender, on ttae premises shall be junior and inferior to the assessments of City~against the premises. (g) City's participation in this Agreement and all of its responsibilities and • obligations hereunder shall be subject to any and all pzovisions izz~posed on City by the statutes of the State of Nebraska. and the Municipal Code. (h) Developer hereby agrees that it will maintain all of the assessments izia.de against the above described real estate which it owns pursuant to the terms of this Agreement is a current status and that it will not allow same to become delinqu~it. 2 a , A ' SEP~-25-2001 16~ 53 N P DODGE LF1ND DEU. -.. ~ y 402 398 5214 P.23123 2. Co~,Yevance of Outtot 1:Developer agrees eo inajtnediately convey marketable fee simple title to City, im and to Outlot 1 in Deerfield I:irst Addition to the City of Blair, Washington County, Nebraska, for no additional consideration and that sand Outlot shall be subject to the existing easements, and in its existing condition, and shall be conveyed free and clear of all liens and encumbrances. The Developer agrees to insert the following language in its Restrictive Covenants recorded against the Property: "Outlot 1 in Deerfield First Addition to the City of Blair, Washington County, Nebraska, has been conveyed to the City, however, the City has no obligation to improve axed maimtain.such property as park growad, unless the City should otherwise agree to do so by the appropriate resolution or ordinance." 3. effect: This Agreem;estt sb~all be binding upon and inure to the benefit of the Developer, Lender, City and their respective successors, representatives and assigns. IN WITNESS W~IBREOF, the parties have executed this Agreement on the date and year $rst above written. WITNESS: JCM INVESTMENT, INC., a Nebraska Corporation By Its WITNESS: ~~X/l. ~ CITY OF BLAIR, NEBRASKA ,~, sy Its WITNESS: U.S. BANK, NATIONAL, ASSOCIATION, f/lc/a FIRST BANK, NATIONAI, ASSOCIATION B ~ ~`° ~ ~ Y Its ~~~a~t~~l ~i~~ P~~~E~~~~ TOTAL P.23 CITY OF BLAIR, NEBRASKA RESOLUTION 2001- 34 A RESOLUTION OF THE CITY OF BLAIR, NEBRASKA CITY COUNCIL CONDEMNING THE TERRORIST ATTACK ON THE UNITED STATES OF AMERICA. WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by terrorists; and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, D.C., and a fourth m Pennsylvania; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers, and crew or the four aircraft, workers and visitors in the World Trade Center and to the Pentagon, rescue workers and bystanders; and WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and WHEREAS, though these horrific events have affected all Americans, it is important that we carry on with the regular activities of our lives; terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their communities to stand tall and proud. NOW, THEREFORE, the City of Blair Nebraska City Council resolves: ection 1: That the Council condemns the terrorist attack on the United States and supports the President of the United States as he works with Congress and his national security team to defend against additional attacks, and find the perpetrators to bring them to justice. Section 2: That the Council recommends that our community support relief efforts by residents donating blood at the nearest available blood donation center. Section 3: That upon approval, a copy of this resolution be forwarded to the Honora Ike George V1~. Bush. President of the United States; the Honorable E. Benjamin Nelson and the Honorable Charles T. Nagel, Nebraska U.S. Senators; the Honorable Doug Bereuter, Honorable Lee Terry, and Honorable Tom Osborne. Nebraska U.S. Douse of Representatives; the Honorable Mike Johanns, Governor of Nebraska; and the Honorable Rudolf Giuliani, Mayor of New York City. PASSED AND APPROVED by the City of Blair Council this 25th day of September, 2001. ATTEST: CITY CLERK (Seal) RESOLUTION N0.2001 - 35 CQUNC]L MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska proposes to apply for assistance from the Nebraska Game and Parks Commission Land and Water Conservation Fund for the purpose of replacing the City of Blair's current deteriorated basketball court and basketball hoops at Lions Club Park Basketball Court with an expanded court and a total of six (6) new hoops, including two (2) hoops accessible for the handicapped. WHEREAS, the City of Blair, Nebraska understands that its share of the project will be a minimum of fifty percent (50%) of the project cost, if and when the project is finally approved by the City Council of the City of Blair and, furthermore, the City of Blair has the financial capability to operate and maintain the completed basketball court in a safe and attractive manner for public use. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the City of Blair, Nebraska, authorizes the Mayor and City Administrator to make application to the Nebraska Game and Parks Commission for a Land and Water Conservation Fund Grant of $22,312.00. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMAIVIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26~ DAY OF SEPTEMBER, 2001. CITY OF BLAIR, NEBRASKA ` , B MIC L A. S, MAYO ATTEST: z BRENDA R. `fAYLO 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 26th day of September, 2001. ~~~ ~ BRENDA R. TAYLOR, CLERK 1. 3. 4. 5. NEDI~ASI~A CAfVIE AND PARKS COMMISSION LAND AND WATER CONSERVATION PUND APPLICATION DEADLINE: OCTOBER 1, 2001 ,~ PRO,~ECT APPLICATION FORM (33.107 REV 2/93) APPLICANT:- ~? ~~! C9'r __ ~j Ia 1 Y' _ f _._.___~~_ 2. COUNTY: ___~c~5'tn~ ~ e~•}_ p~ PROJECT LIAISON OFFICER AND TITLE: ~C9~ ~ _ Sq'I't~ ~tm C ~ ~rA~-,, ~'~s-t~,ct.~F,aw. ADDRESS: ~ t~ _~± _i6~1~ S+~_I~l~i ~~goo~ BUSINESS HOURS: ~':oo,~.~, ~-a .5°.c~~~, ~i- ~- BUSINESS PHONE: (''I~~t) ~ ~ltii °- N i 9 ~ g, FEDERAL ID NO.: _ ~ ~ "_ ~0 4 6 (d (, 7. PROJECT TITLE: [_idr~.j_ C~v~ _Pw/'I~ __~c~I,ttt~o~,~~ •~'u~g~' POPULATION: _ ~ ~~ ~ 9. DESCRIPTION OF THE PROPOSED +PROJECT: ~`~~I~c2 __°I-I,.~t Cr'-}-~ __ C ~y~yr~ ~„-~. ~~~~tr'iav~°~2~_~~c~s~~-F-F~e,~~ Ca~Jti-~ _ a~~..~ b~~~~~~i~I ~csd~i~th 10. ACO COST: $____ 1~,_~__ DEV COST: $_wy~ ~ ~~i o 04 TOTAL COST:$ ,~~~ ~ ~ I~'I. ®CS, 11. FEDERAL ASSISTANCE REQUESTED (50%): $ ~?., ~ I a ~ DQ 12. -DOES THE SPONSOR CURRENTLY HAVE THE REQUIRED 50% MATCH ON HAND? YES ~__ NO ~~ 13. SOURCE OF LOCAL FUNDS: a. TAXES: $1~$~1 ~ ~ t~ b. OTHER: $_~~~± C9~y SOURCE OF OTHER FUNDING: ~~~ CERTIFICATION: I hereby certify that the information' contained on this application and all supporting project documents is, to the best of my knowledge, both true and accurate. 14. Signature of Mayor Title Date tember 25, 2001 The penalty for knowingly and willfully providing inaccurate or insufficient information is automatic withdrawal of this project from consideration by the Nebraska Game and Parks Commission. RETURN ORIGINAL and TWO COPIES OF THE APPLICATION AND ATTACHMENTS TO THIS OFFICE Nebraska Game and Parks Commission Land and Water Conservation Fund Application For the City of Blair, Nebraska Introduction The City of Blair Nebraska is located in Washington County in eastern Nebraska along the Missouri River. Blair is just twenty minutes north of Omaha, and stands at the crossroads of US Highway 30, US Highway 75 and Nebraska Highway 91. Interstate 29 is fifteen minutes east, while Interstate 80 is only twenty-five minutes from the southern tip of the City. With approximately 7,512 residents, Blair is a growing community. Major employers in the Blair area include Cargill, Omaha Public Power District, Huntel Systems, and Memorial Community Hospital. 1) Statement of Need a) Lions Club Park is one of Blair's nine primary park areas, totaling an estimated 185 acres for all the parks combined. These parks are an integral part of the quality of life in Blair. The parks provide recreational opportunities that play an important role in enhancing the quality of life in Blair. The community's role in adequately planning for open space and providing a full range of recreational opportunities directly impacts community and economic development activities. Lions Club Park ways established in the 1950s. It is located at 15~' and Park Street. The park is named after the Blair Lions Club. The Lions Club has been an active supporter of the park, having. contributed equipment such as new roofing for the picnic shelters, and having paid half of the costs for the playground structures. The park is currently equipped with playground equipment, restroom facilities, horseshoe pits, four basketball hoops and three picnic shelters. Lions Club Park is unique in Blair in that it is the only City park with a basketball court. This basketball court has been a feature of the park for the last 32 years. However, in recent years the basketball hoops have suffered from deterioration due to frequent use. Of the four basketball hoops, all are without nets, and are in general disrepair. One basketball hoop is also without a rim, making it virtually useless to residents. Further, the size of the actual basketball court is too small to adequately accommodate the public. Residents using the basketball court have virtually no room to maneuver in order to shoot baskets. The actual "court" is extremely small, allowing for not more than only one or two residents to participate in basketball at one time. The City of Blair is applying for this Nebraska Game and Parks Commission Land and Water Conservation Fund to replace these basketball hoops in Lions Club Park. Further, the City plans to use this funding to expand the basketball court in order to better accommodate residents, including adding two hoops that can be lowered for handicap use. In total, the new basketball court will contain six (6) basketball hoops. b) Lions Club Park is utilized by the citizens of Blair on a continuous basis. It is centrally located in the City, and thus is frequented by a good number of residents throughout the year. The park is especially popular with surrounding school children, and most users of the park are residents of Blair. During the summer months, the picnic shelters are used many weeknights and every weekend for neighborhood picnics. For the last three years, Lions Club Park has also been the site of the "Jazz on the Park" Friday nights celebration during the month of June. Further, the City is in the process of applying for TEA-21 funds through the Nebraska Department of Roads. Upon receiving these funds, the City will be constructing a 1.3 mile trail system connecting the northwest part of the community to the central community at Lions Park. Thus, this trail system is anticipated to bring an even greater number of residents to Lions Park. The basketball court improvements to Lions Club Park is called for in the Blair Comprehensive Plan/Economic Profile & Plan-2006. According to Chapter 5.2, "future considerations for the Blair park system include general upgrading of equipment, and facilities." Thus, the requested Land and Water Conservation funding would be appropriate to the City's future development plans. 2 2) The Proposed Project a) The project is projected to cost $44,624.OO.Of this total, $22,312.00 will be funded by the City of Blair. The City has included this as a proposal project in the 2001-2002 budget. The other half ($22,312.00) will come from the funding provided by the Land and Water Conservation Fund. The new Lions Club Park basketball court will be 70'x80'x6" of concrete playing surface. It will include six (6) hoops/goal posts, two (2) of which are adjustable for handicapped residential use. The court will also include a 14' chain link fence to the north and south of the court, and a drinking fountain at the site. The current meter box will also be moved, so as to accommodate the new basketball court. For an individual line-item list of costs, please see the attached project Cost Estimate sheet at the end of this application. The new basketball hoops and the expanded basketball court will help to provide citizens of Blair more recreational activities. The expanded basketball court will allow more residents to utilize the court at one time, and will also allow for teams of residents to have the room to play actual games against one another. The new basketball hoops will also provide aesthetic value to the park. The current hoops suffer from several problems:- some basketball hoop rims are broken, all of the hoops no longer contain nets, and all simply look run down. The Land and Water Conservation funding will alleviate these problems in Lions Club Park. b) The development work for the proposed project will be completed by a contractor. The work is expected to begin, and be completed in June 2002. c) N/A d) NIA e) N/A f) While the City of Blair does have other parks, this proposed project will not duplicate existing facilities in these parks, because Lions Club Park is the only City park with basketball hoops and a basketball court. g) N/A h) . N/A i) See attached public notice 3) Project Alternatives No real alternatives were discussed. If the project is not undertaken, the basketball hoops and court will continue to deteriorate. As these are the only basketball hoops and court in the City's park system, the City has no alternative to repairing and expanding these facilities if it wants to continue to provide basketball in the future. 4) Environmental Impact Assessment of the proposed project background The City views this project as having significant beneficial impacts for the citizens of Blair. With these proposed improvements in Lions Club Park, citizens will be offered better services for their recreational enjoyment. From an aesthetic standpoint, the improved basketball court facilities will improve the overall appearance of the park. No long-term adverse impacts are anticipated from this project. In the short-term, there will likely be increased noise in the park, resulting from typical construction activities of the expanded basketball court. However, the City estimates these short-term impacts in noise to be minimal. a) Surrounding Land Use: Surrounding the park are several city streets, and residential homes. To the south and west of the park is also the Mathiesen Grain Company. This proposed project is not expected to have a negative effect on these surrounding homes, or on traffic flow. b) Land Use of the Project Site: Lions Club Park is currently being used by residents of Blair for recreational uses. These include picnics, children playing on playground equipment and swings, residents using the current basketball hoops to shoot baskets, and residents utilizing the horseshoe pits. The park currently provides the following facilities: four basketball hoops, three picnic shelters, playground equipment, bathroom facilities, two barbeque grills and ten horseshoe pits. This proposed project will have beneficial effects on Lions Club Park by providing residents 4 with better basketball hoops, and an expanded basketball court that more residents will be able to utilize concurrently. For example, the current basketball court is small, and cannot adequately serve as a court for teams of residents to play one another. This proposed proj ect will, however, greatly expand this playing surface, resulting in more residents being able to use the hoops at the same time. c) Fish and Wildlife: The park contains the following species of wildlife: squirrels and various birds. This project will not have any negative impacts on this wildlife, or the habitat. d) Ve eg tation: The proposed project area contains no significant vegetative types, except for common grass. This project will not have any negative impacts on vegetation. e) Geology and Soils: The proposed project site is of a flat topography. The site contains no unusual soil textures, or natural land forms. f) Prime and Unique Farmlands: Lions Club Park is 2.48 acres. The proposed project site contains no prime or unique farmlands. g) Mineral Resources: No mineral resources exist on or near the proposed project site. h) Easements or Outstanding Rights: There are no easements or outstanding property rights on the proposed project site. i) Air and Water Quality: The quality of air and water at the project site is of normal quality. j) Water Resources/HydrologX: There are no surface water resources at the project site. k) Historical/Archeological Resources: There are no known historical or archeological resources on or near the project site. , 1) Transportation/Access: Lions Club Park is accessed from the north by Park Street, from the south by Nebraska Street, from the west by 16~` Street, and from the east by 15~` Street. Parking at the park is provided on the north side of the park, off of Park Street. This proposed project is not expected to increase vehicular traffic volumes. Additional pedestrian traffic is 5 expected from the new 1.3 mile city trail connecting to Lions Club Park, as is described in section lb of this application. m) Consumption of Energ;y Resources: No energy resources will be consumed for this proposed project. n) Socio-Economic Effects: No significant socio-economic effects are expected as a result of this proposed proj ect. o) Flood Plain: The proposed project site is not situated in a flood plain. p) Overhead Utility Lines: There is a power line that runs along the east side of the property along 15~` Street. This power line will not be effected by the proposed project. 6 Red®ived: 9!'10/01-10:37AM~ 402 42`4188 -> MA7- Pages 2 4.09/10/01 11:30 FAg $02 426 4195. CITIx OF $Y.AIR ~ ~LAPA X1002/002 Proposed Bask ball Court for L~on~ Club Park Cost EBbtma#~ 70' x 8d' x 6" ConCns#e Player Su~ace 6" PCC SY 622 ffi21,770.00 STRIPPING LS '! $~~.~ MOVE METER BOX l,S 1 ~i,0i~,~ 14' CHAIN LINK FENCE LF 16a ffi2,240.~ ,REMOVE 4" PCC aNY 114 ffi114.t~ SUBTOTAL ffi?.9,124.~ . .:ADJUSTABLE GOAL. POST AAYP 2 (~ ffi2,000.1~ ~-4,~1.~' 4.8" BENT POST 4OALS 4 ~ ~10.~ ~3,~10a~ DI21NK1NG FQUNTAIN DFH-T3 SIDE FAUC~' 1 (~ ffi1,M~.40 $1,4{}0.1 ~' UBTOTAI, ~9s~.~ • ENGINEERINt3 /CONTINGENCIES. x,600.00 SUBTOTAL ,~QQ j ©RAND TOTAL 544,6$4.1>~ i i Y Lions Club Park State F'repal/t~ ~7 30~~,~'c.ir o~, °I-i7-Q RESOLUTION N0.2001-36 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2001-2, the Mayor and City Council of the City of Blair, Nebraska, adopted the Year 2001 One Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska. WHEREAS, certain amendments have been made to said One Year Plan necessitating an amendment to such Plan. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Year 2001 One Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated March 22, 2001, be and hereby is amended to add the projects listed on Exhibit "A" attached hereto and incorporated by this reference herein. BE IT FURTHER RESOLVED that the amendments to said One Year Plan be filed with the Department of Roads, State of Nebraska. COUNCILMEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER FANOELE. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 25~ DAY OF SEPTEMBER, 2001 CITY OF BLAIR, NEBRASKA B~ - ~~ r ,~ MICHAEL A. MINES, MAYOR ATTEST: ;~' ~ ~ ~. BRENDA R. TAYLO CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: 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 25th day of September, 2001 BRENDA R. TAYLOR, Y CLERK BOARD OF PUBLIC ROADS CLASSIFICATIQNSAHD STANDARDS FORM 10 NOTIFIOATION OF RE1/ISION OF ONE-YEAR. PLAN. COUNTY: CrrY: VILLAGE: Blair REASON FOR REVIS1oN: Due to better than effected bids __M LOCATION DESCRIPTION: Pros~eCt Street entire street w ~~__~_~~~~, w__w__~~____.__~_..a_~___. ~_ a . ~_ ~____ __ __~_______~_____~_____ EXISTING SURFACE TYPE AND STRUCTURES:(such as d/rt; gave/, .asphalt; concrete, culvert or bridge) Asphalt over concrete ~~ ~___~___ AVERAGE DAILYTRAFFIC: Unknown 19 .~ , 20 CLASSIFICATION TYPE: (as shun on Funcflorral C/assd/cat/orr Mepj Local . PROPOSEDIMPRQVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~LIGHT7NG AGGREGATE CURB & GUTTER UTILrrY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE t;OX CULVERT: -`N-T~~ SPAN RISE ~+LENGTH ~~ TYPE CULVERT: _ _ __ DIAPAET'ER ~ LENGTH __ _ _ TYPE AYES N/A Bridges and Culverts e Sized Hydraulic Anafy~s Pending a OTHER CONSTRUCTION FEATURES Mill @XISb~sutface and place 2~as halt overl~~~~ ESTIMATED COST 'COUNTY *Cn'Y 'STATE *FEDERAL 'OTHER T9TAL, RN n~ouswvns) 3.3 3.3 -oPrIONAL (Nearest TerlthJ Project Length = 0.1 (state iJnit of Measr~e) PROJECT NUMBER: ~~ B-7__ 0~1(-01~__T sx~w-TURE: ~~~~~ -rmE: D'aector of Pi~~c Works _ , ~~ ._ ~_____ __ nn1E: 9/12J~001 ~ ..a _ ,~~ ~ ~ . , , _______.M__~__~ . Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 10 NOTIIFIOATION OF REVISION OF ONE-YF,.AR PLAN UNTY: CITY: VILLAGE: Blair REASON FOR REVISION: Due to better than expected bids LOCATION DESCRIPTION: Hillcrest Drive entire street EXISTING SURFACE TYPE AND STRUCTURES:(such as dlr~ gravel, asphalt con~ete, culvert c~ brklge) Asphalt over Concrete ~_~p ~~__-______ ~ .._ _Y _ ~ ~ ___,___~ _~__ AVERAGE DAILY TRAFFIC: Unlvwwn 19 ., 20 CLASSIFICATION TYPE: (as shown on I=unct/onal CtassltJcation Map) Local PROPOSED tMPROVEnnenlT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH _ TYPE BOX CULVERT: SPAN RISE ~~_~__ LENGTH ~~ ~~TYPE CULVERT; __ DIAMETER ~~ LENGTH ~^_~_A~~T~ w~-- ~~TYP(: AYES ~ WA Bridges and Culverts Siz~i ~liydwdulic Anatysls Pending OTHER CONSTRUCTK)N FEATURES Mill eXiSting surface and place~2" as~hali: overlay _ -- ------------. - . ..~_~_r.----~- ---~.---- ------_ ESTIMATED COST *COUNTY *CrrY 'STATE 'FEDERAL 'OTHER TOTAL plv rtrousan-ns) 3.3 3.3 'OPTIONAL (IYearesf Tenth) Project Length = ~ 0.1 (state Ur~Jt of Measure) PROJECT NUMBER 8-69 -01 o~aruRE: ~~,,~~ '~ ~ Director of Public Works, unTE: 9/12/2001 ___ _ ~. Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONSAND STANDARDS F~ ~ o N~T~FI~ATIC~ ~F ~1~~ t~F ~Nf-lf'~ PLC tX3UNTY: CITY: VILLAGE: Biair REASON FOR REVISION: Due to better than a ed bids LocaTION DESCRIPnoN: 16th Street from Washin on Street to Lincoln Street EXISTING SURFACE TYPE AND STRUCTURES:(such es dirt; graved asphaf$ t~rta'ef~ crdvetf ar bridge} As alt over Concrete VERAGE DAILY TRAFFIC: Unknown 19 = 20 CLiISSIFICATiON TYPE: (es simbm on Fr~tionai C/esst7fcalfon Mapj Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~UGHTiNG AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIE ROADWAY WIDTH LENGTH ~~ _ TYPE BOX CULVERT: SPAN _ RISE LENGTH a TYPE LVERT: _ DIAMETER LENGTH ~ ~~TYPE ^YES N/A Bridges artd Culverts Sized ~~HydrauHc Analysis Perrd'mg OTHER CONSTRUCTIOtV FEATURES MCI e~ds6nc~ surface and place 4" of a~halt overlay ESTIMATED COST 'COUNTY CITY 'STATE ~FEDF_RAL 'OTHER TOTAL pnr THOUS.anivs} 6.7 6.7 ioPTtot~uu. (Nearest Terror} Project Length = 0.1 (sr~ unit ~Measra'e) PROJECT NUMBER: &74 (Y-01) GNATURE: .• Director of Public Works DATE 9/12!2001 Page 1 BOARD OF PUBLIC ROADS CLASSIFlCATIONS AND STANDARDS F® 70 OV®T~F~~~TIC~N ®F R~SI®IV CAF' ®i~~-1(~-R PAN UNTY: CPTY: VILLAGE: Blair REASON FOR REVISION: Due to better than acted bids LOCATION DESCRIPTION: 24tf1 Street fr{}CYl CO~~ege QrNe t0 JaCkSOtI ~rtve EXISTING SURFACE TYPE AND STRUCTURES:(such as ~ gravel, esoira~ concreEe, culvartorbrfd~e) As halt over Concrete VERAGE DAILY TRAFFIC: Unknown 19 = ~, ZO CLASSIFICATION TYPE: (as shown on Functional C/assillcaffc~r Map) Local PROFOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE RIGHT OF WAY ~ LIGHTING AGGREGATE CURB & GUTTER UTILiI'Y ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN 1N PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN _ RISE ~~. LENGTH ~~_ TYPE CULVERT: DIAMETER LENGTH TYPE YES NJA Bridges and Culverts Sized ~drauUc Analysis Pending OTHER CONSTRUCTION FEATURES M~1 e7QStinf~xJrfaCe and place 2" Of asphalt Overlay ESTIMATED COST 'COUNTY •CITY 'STATE *FEDERAL *OTHER TOTAL (nv rHOUSanrDSy 3.3 3.3 'OPTIONAL (Afearesf Tenlit) Project Length = 0.1 ~smte un~ oPMeasure) PROJECT NUMBER: 8-73 (Y-01 nun ~~~ ~~ Director of Public Works ~~: 9/12/2001 . - Page 1. BOARD OF PUBLIC ROADS CLASSIFlCATiONS AND STANDARDS COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: DUe t0 better than a acted bids LOCATION DESCRIPTION: '14'tll .Cltreet frorYt WaShlnc~ton Street t0 Lincoln S'tre~t EXISTING SURFACE TYPE AND STRUCTURES:(such as ~ ~avet, esphall; cornrete, cr~vert or bNdge) As halt over Concrete VERAGE DAILY TRAFFIC: UnlQ10Wn 19 = 20 = CLASSIFICA710N TYPE: (as shown vn Ftutdfonai C/ass>~fcatiort MaA) Local PRO~OSEDI~ROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICIQVESS WIDTH GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB & GUTTER UTILrrYADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SiDEtNALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE YES N!A Bridges and CuNerfis Sized ~ Hydraulic Ar~i}rsIs Penang OTHER CONSTRUCTION FEATURES AA17I emoting SUrfaCe acid place 2" Of asphalt Overlay ESTIMATED COST "COUNTY 'CITY 'STATE 'FEDERAL 'OTHER TOTAL (-nr niousarovs) 3.3 3.3 roPTroNaL (Nearest TenHt) Project Length = 0.1 (state v,~ oFMeasure) PROJECT NUMBER: &72 ~Y-01 Nnnm~ ~;~>' ' Director of Public Works ~--rE: 9/12/2001 L Page 1 BOARD OF PUBLIC ROADS CL®AS~S®IFICATIONS AND STANDARDS Ft?~A N~°f~F1C~T~~N (~F R~'IS1~N aF QNE-Y~-R Pl.~-N uNrY: cmr: Blair VILLAGE: REASON FOR REViSKMI: ~ -of-VSt became avalable Burin the ar. LocA-noN DESCRIPnoN: Jackson Street at 20th Avenue EXISTING SURFACE TYPE AND STRUCTURES:( as d61; graved aspha~ cidvert ~ bridge) ~II"t VERAGE DAILY TRAFFIC: 19 = ~ Unknown , 20 = CLASSIFICATION TYPE: (as shown on Functional Clas~fesbon Ma~nj Loci PROPOSED ~ROVEIVIERIT ESIGN STANDARD NUMBER: RL1 SURFACING: 7" THICKNESS 25' WIDTH X GRADING X CONCRETE X RIGHT OF WAYLIGHTING AGGREGATE x CURB & GUTTER X UTILITYADJUSTMENTS ARAAOR COAT X DRAINAGE STRUCTURES FENCING SPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ~_~~ROADWAYWIDTH LENGTH TYPE BOX CULVERT: ~ SPAN _ RISE LENGTH TYPE CULVERT: 24"-54" RCP DIA~AETER LENGTH TYPE ^YES N/A Bridges and CuNrerts Simi ~Hydraul~ Anai}~. Pending OTHER CoNSTRUCT1oN FEATURES t;oratrvction of PCC roa to connect deadend road to cross road. Work wl~ include substanual storm sewer. ESTIMA'fEQ COST 'gC nro rxousAl~vs) OUNTY *CPTY 'STATE 'FEDERAL *OTH 22s.o rolmoNaL ER TOTAL 228.0 Project Length = (Nearest Fenttr) 0.1 (state urrif d fie) PROJECT NUAABER; 8-75 -01 w-nm~ " ~ Director of Public Works nay: 9/1812001 Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 10 NOTIFICATION OF REVISION OF ONE-YEAR PLAN COUNTY: Cr1Y: VILLAGE: -- - Blair REASON FOR REVISION: Due to better than-~eCted bits ~-~-Nw---~ ~~~-~ LOCATION DESCRIPTION: AII__~between 16th street and 15th Streets North of Washin ton Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dlr~ ~avef, aspha~ Concrete, culvettorbr/dge) Ag~e~ate ~-~ ~~ VERAGE DAILY TRAFFIC: Unknown 19 ~ 20 = CLASSIFICATION TYPE: (as shown on FearctTone! Ciassitlcatlon Map) Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: -~~-w-~ SURFACING: M~ THICKPIESS ~~aWIDTH GRADING CONCRETE RIGHT OF WAY ~UGHTING AGGREGATE CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIBE TO REMAIN IN PLACEw-~~--ROADWAY WIDTH LENGTH ~--~~~ TYPE NEW BRIDGE: ~NN~---ROADWAY WIDTH ~~LENGTH ~~~w~y__NNTYPE ~X CULVERT: ~~------M~_ SPAN --~~ RISE -~~-LENGTH ~M~~-~ -~---~~-TYPE ULVERT: __--M^~- DIAAAETER LENGTH __ ----TYPE ^YE3 ~-N/A Bridges and Culverts SFz~ ~jiydrauUc Analysis Pending OTHER CONSTRUCTION FEATURES M17~1 eXNStIC1~ SUtfaCe and place 6" asphalt OVerlax ~~~ ESTIMATED COST *COUNTY "CITY 'STATE 'FEDERAL *OTHER TOTAL np rfrousavvs~ 10.0 10.0 'OPTIONAL (Alearest Tenth) Project Length = .-~0.1(state unttorMeas,~ej PROJECT NUMBER: &71 -01 sicwrruwE ~~~~~~ Director of Publlc Works ua~ 9!1212001 ~' _-p Page 1 RESOLUTION N0.2001 - 3 7 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, on or about octob,er T0, 2~0, the City of Blair, Nebraska vacated that portion of Prospect Avenue lying east of U.S. Highway 75 and that it is necessary to correct the legal description and re-convey the same to the Blair Area Young Mens Christian Association. WHEREAS, by virtue of a Deed dated February 27, 2001 and recorded in Book 330, Page 693, the Blair YMCA erroneously-conveyed a strip of land-to the City of Blair, Nebraska, and that to correct such error, its incumbent upon the City of Blair, Nebraska, to re- convey such erroneously described real estate so as to correct the legal record title owner. Council. NOW THEREFORE, BE IT RESOLVED THAT THE MAYOR AND THE CITY CLERK of the City of Blair, Nebraska aze hereby authorized and directed to execute the Quitclaim Deed attached hereto, marked Exhibit "A" and incorporated by this reference herein which re-conveys unto The Blair Area Young Mens Christian Association the vacated Prospect Avenue lying east of U.S. Highway 75. BE IT FURTHER RESOLVED THAT MAYOR AND THE CITY CLERK of the City of Blair, Nebraska aze hereby authorized and directed to execute and deliver the Quitclaim Deed attached hereto, marked Exhibit "B" and incorporated by this reference herein, which corrects the title in regazd to the Quitclaim Deed recorded in Book 330, Page 693, which contained an erroneous legal description from the Blair Area Young Mens Christian Association to the. City of Blair, Nebraska -1- COUNCIL MEMBER- SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE ~ .UPON ROLL CALL, COUNCIL- MEMBERS REALPH, SHOTWELL, FANOELE, WOLFF AND BIFFAR AND COUNCIL MEMBERS NONE VOTING "AYE" VOTING `2VAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2001. CITY OF BLA1R, NEBRASKA ATTEST: BRENDA R. TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BY c MICHAEL A. MINES, MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9TH day of October,. 2001. r~~/ 1 r BRENDA R. TAYLOR, C CLE -2- ti r• ~ a.r ~l~g~si<a Qacu~nrt~rar~Y ~ sTHnAP TAX ~ d f D e.t~~J4 6b~ ,; ,. :a FI L~ a 0) ©Ll' 16 P~} 2t 4~ CNARLCTTl: G.PE7ERSgN WASHINGTON CttUN7Y,CLi;itK 6GdIR. NECRC QUITCLAIM DEED . THE CITY OF BLAIR, NEBRASKA, a political subdivision, Grantor, whether one or more, in bonsideratIon of ONB DOLLAR{$1.00) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, quitclaims and conveys to THE BLAIR AREA YOUNG MENS CHRISTIAN ASSOCIATION, Grantee, the following described real :estate (as defined in Neb; Rev. Stat. 76-201) in Washington County, Nebraska: The west Twenty Feet (20, of the east ThirEy-Three feet (33') of I,ot Three (3), Wilson's Addition to the City of Blair, Washington County, Nebraska. Executed: October /D , 2~1 CITY OF BLAIR, NEBRASKA, a political subdivision MICHAEL A. ,MAYOR STATE OF COUNTYOF Thre,~ foregoing instrument was acknowledged before me on OC~3 ~1' C / ~O , Zip t by M11L.K !/tillf'S QENER.t: ..~ ~ ~;Nc~raaka ~~~~ gtt6ldDA R. TAYLgR Y)lrCua~,E~p.Jw~e50.~ 'Notary Public STATE OF NEBRASKA ~• Qbfj fy7fe ~f. county .y~~..~1.%n(~tcr~J Filed-for recordand entered in Numerical Index on ~Ct ~ re xl ~(A + ~ © f at o'clock ~L M., and recordedm Book __,'~ N-(p,, ,Page ~ ~ CEO n1y oI DCpUty COUnty Clerk . Register of Deeds or Deputy Register of Deeds ~';„~~y . iri{~CFi~`tlGr~{ ~; , ta¢it11r5'.i.'dt 'rrdlltli.~? o.....A~'°" ~~~... .TO BE FILED ~ -~1"~~5~' ~~ WITH REGISTER .'tt~d ihsfrGrfcH®ns ®n redeems Slid® OF DEEDS T>t1E ®EE® ALL ~9®~' ~E ~C®~E® UiVI~~'1't~IYS ~,'PA'ir~&1g~t~ Y~ ~R~6@1~® ~,~fID ~~ ~.-~.5 I~~~ ~tir~~F~T~1®l EC®G~~IL~°itit® 1 County Name T~dashilagtoa 2 County Number ~$ 3 Date of Sale Mo. ~~ pay ~~ Yr. ~b~l ~ Date of Deed Mo. ~-Day 1#) Yr. ~~~ 5 ~Zr~n9lar'a hdeero®, ~dde, seed `T®9®pPo®n® (~1® Pr9eat) 6 Girs~est~°a N~eaae, Adder, scrod T®B®g~h®ne (P9ea~ 6ar6eilt) Grantor's Name (Seller) C~.ig mf Blair., ~eBras Grantee's Name (Buyer) lair Ar~:a Ys~asn ~le1~s Christian ~sooia~ic~n Street orOther Mailing Address 213 Sa 161~a Slrr~et Street or Other Mailing Address 1551 Front Stra:~~t: City State Zip Cade Blair, ~ 63t}f3E City State. Zip Code Blair i~Ba ~3Ct33 Telephone Number Telephone Number 7 Pit®PERTY ~L~~IIF3+~°~®~9 NU6~~EER. Chi ®e~® b~~ 9n ca~g®rie~ A seed ~. ~hecCc ~ alp Bf ~r®p®e'L~ B§ m®bi9e h®eeDe. (A) ~ital~ (~j i~perty T~t® (c) ti)~,lmproveo (i)U Single Famiry (4) U Industrial (6) U. Recreational (S) U Mineral Interests- (9) LJ State Assessed {i) U Mobile-Home (Z)^ Unimproved (Z)^ Multi-Fatuity (5)^ Agricultural Cn ^ Mineral Interests- Prariudng (10) ^ Exempt (3)^ IOLL (3)^ Commerdal Nonprodudng ^ warranty ^ Sheriff ^ Executor ^ Mineral ^ Cemetery Quit Gaim ^ Conservator ^ Partition ^ Trvst ^ Other 1®Type of Transfer - Sale ^ Audiori ^ Gift ^ Exchange ^ Foreclosure ^ Satisfaction of Contract: ^ Life Estate ^ Other {explain) 1& Ownership Transferred in Full (if No, explain division) 1~ Was real estate purchased for same use? (ff No, state Intended use) ® YE5 ^ NO ^ YES ^ NO ^ YES [~NO ^ Spouse ^ Parerris and Child ^ Fatuity Corporation or Partnership ^ Grandparerrts and GranddUld ^ Brothers and Sisters ^ Aunt or Uncle to Niece or Nephew ^ Other f4If the real estate was transferred for nominal consideration, what is the current market 35 Was mortgage assumed? IF Yes, state amount and interest rate. value? ^ YES ~ NO $ Mo Does this conveyance dNide a cerrrent parcel oP land? ~ 17. ^ YES ,i NO ^YFS [~ 113 Address of Property 19 Name and Address of Person to whom Tax Statement Should be Sent City of Blair, '~asFlingtan County, ~tebraska Blair ARea ~oua~ k~lens Cliri~stiaxl Assoeiat:ic~n iS51 FYCSnt Street Blair, 1~Ea b30Q8 2® Legal Description The West Tr~enty Feet (2Q t) of ti'1e east '1"hirty~~'~ae (33 r } . of Lot Three {3), Wilson's Add~$~mn to the City of;Blair, i~ashingtorl County, Pdeb~as~a, 21 If agriarltural, list total number of acres ?.2 Total purchase peace, including any liabilities assumed .....,. ................ ...~ra•~IR)3;d .......... . ~ Was nonreai property included in purchase? a ^ YES ^ NO (If Yes, enter amount and attach itemized list) . . ~ _().e 24 Adjusted purchase price paid for real estate (line 22 minus line 23) ......................... . . IBnd®e Isenaltlea ~~ law, I declare that I have examined this statement and that it is, to the.best of my knowledge and belief; true and correct, and that I am duty authorized to sign this statement ZS ~~ ~ Print or Type Name of Grantee or Authorized Representative Telephone Number ~~~s Signature of Grantee or Authorized Representative Tide Date L~~V~ ®F ~EfE®~' tD~E ®h~B.ti7 ~ ~®fR 19~E tOG` L 26 Date Deed Recorded ~ Value of Stamp or Exempt Number 9.51 Deed Book Z9 Deed Page 3~ P Nebraska Departmerrt of Property AssQSSment & Taxatlon Form No. 2-146-67 Rte. SZ-00 Supersedes 2-146-67 Rev. 9-94 NEBRASKA DEPARTMENT OF REVENUE -White Copy $~y pdnled w/dr saYlnk on racydadPaF~ was sale through a real estate agent? (If Yes, name of agent) Authorized by Sections 76-214, n-13z~, a.tzs.1~ COUNTY ASSESSOR -Canary and Pink Copies GRANTEE -Goldenrod Copy ~~~ a. • " 1UE81iASKr'.170GUtAENTAEtY ~ ~ ~ ~ , 8' AbR' TAX 06 I Dat $ ~ ' By of ocr rs ~~ ~, ~,~ w~&l+-HCrou ~~. rkreeseti BLAIR.'N€BR Y ~tERK: CORRECTION QUITCLAIM DEED THE CITY OF BLAI12, NEBRASKA, a political subdivision, Grantor, whether one or more, ' in consideration of ONE DOLLAR ($1.00) end CORRECTION OF TITLE, receipt of which is hereby acknowledged, quitclaims and conveys to THE BLAIR AREA YOUNG MENS CHRISTIAN ASSOCIATION , Grantee, the following described real estate (as defined in Neb. Rev. Stet. 76-201) in Washington County, Nebraska: All that part of Prospect Avenue lying east of the easterly right-of-way of U.S. Highway 75 (also lbtown as 13~' Street) and west of a line Thirty-Three Feet (33~ west of the east line of the Northeast Quarter of the Northwest • Quarter (NE%, NW'/a) of Section Thirteen (13), Township Eighteen (18) North, Range Eleven (I 1) East of the 6`b P.M., City of Blair, Washington County, Nebraska, subject to any easements for any public utility lines located on said real estate and subject to a temporary easement in favor of Grantor, which is hereby reserved for the existing water line located within the boundary of said vacated Prospect Aver-ue; provided, further, that Grantee shall not impair or damage said water line and in the event the water interferes with any hnprovements contemplated by Grantee, Grantee shall cause the water line to be re-located at its expense; provided further, that in the event Grantor construction installs a replacement water line along the south 33 feet of Tax Lot 173 I ' in the . Ymg Northeast Quarter o ~ f the Northwest Quarter (NE/s NW'/s) of Sectton Thuteen (13), Township Eighteen • (18) North, Range Eleven (1 I) East of the 6'h P.M., City of Blair, Washington County, Nebraska, then and in that event, Grantor will abandon the temporary easement and discontinue the use of the water line on Prospect Avenue. This steed corrects a Qaitclalm Deed recorded in Book 330, Pages 694695 in the real estate records of the Washington County Clerk. Executed: October /O , 2001 .CITY OF BLAIR ,NEBRASKA, a political subdivision _ B - MCI- EL A. MIN ~S, MAY STATE OF COUNTY OF ! ~ - The foregoing instrument was acknowledged before me on _ ~ G~t9v,,,:2/ ~O ~ ~Q p j by .~(~'~K .Nr~p ~ QFN N A -SlsYdttiindy , J~~~'U // jLL,~ C~ BRBNDAti.TAYIAR i kytaonna.6p,JuN>i0.2DW Notary Public STATE OF NEBRASKA County~~~nhiir=,i~r~ ~.~Od/~7(o(p Filed for record and entered in Numerical Index on (y~rt( /~.o,~~ j(,~ a U© 1 at ~ o'clock 4t~ M., and recorded in Book _ ,~~ a Page `~~ i'~ C'1?~-La~bP i BY ~1'n_~ A off! `?~')r"i r'~ln o ~y- ta .;:fi6;t+ c,out~ly or Deputy County Clerk ~ Register of Deeds or Deputy Register of Deeds :r-', • w l3E FILED ' ' : ' ~ ~® WITH REGISTER o d ire~eaa~®a~ ~ro eirSe~ ald~ OF DEEDS 'FIE ~EE® ~~C RI®'B' ~E ~®t~E® Ui~I.ESS'i'ii3~ ~,A'E6:6~ER9~' 3S SIG6~E® ~I~ i~i~9E~ ~-25 ~~~aITE&.~ C®h~PE® 1 County Name li~ash~itgtcsn 2 Courrty Number ~~ 3 Date of Sale Mo. )~ Day ~~ Yr.2~{11 ~ Date of Deed Mo. )~ Day 2U Yr. ~~ta2 5 ~~re'~ dam®, Addre~, end T®ieph~e~ (~iga~® mini:). 6 Ga°ante>~`$ i~asn~, ~ddr, and T~i~~ia®n~ (iii mint) Grantor's Name (Seller) City Of Bla~.rg iveb Grantee's Name (Buyer) ~rle.~.r .~Z'e€t '~£ruT:~ ~~ C~tIr~6Ci.cZB. ~.~~C%Ce^~:~t~O'tY Street or Other Matting Address ~2S Se 26tia Sweet Street asr Other Mailing Address 2552 ~~°o~t Wit:°eet qty State Zip Code Blair E~ fi~0()S City State Zip Code ~1ai~, ldB. ~~~~~ Telephone Number ( 4#~:J X26-~1"~1 Telephone Number saU2 F~?-9522 ~ PR®~E~'6°tf C~6~I~'8'>~~ d~0ll~d~E~. a~he~ ®¢se ia®~s in a~~~®>rie~ A aatd ~. ~e~ C ais~ if pr®~ is c~®hii® h®caa®. {i}® Improved (1)^ Single Family (4}^ Industrial (6) ^ .Recreational (8) ^ Mineral Interests- (9) ^ State Assessed (i) ^' Mobile Home (2)^ lJnimproved ry Produdng (2)^ Multi-Farm {5) ^ Agricultural (~ ^ Mineral Interests- (10) ^ Exempt (3)^ IOLL (3)^ Commerc(al Nonprodudng RTypeOfDeed .. ...~..._.~_..-----°°-°.~.._~_.__-_.. ~....__ ~~_-.---- Warranty ^ Sheriff ^ Exeator ^ Mineral ^ Cemetery ~] Quit palm. ^ Conservator ^ PattiUon ^ Trust ^ Other ` , $®lype of Transfer t~cri°?t'~Ctr? G9Zi~iv~ ^ Sale ^ Auction ^ Gfft ^ Exchange ^ Foreclosure •^ Satisfad9on of Contract ^ L[fe C-state ^ Other (explain) ~~ ~ ~f ~° ~` ~.~. Ownership Transferred in FuII (ff No, explain divis(or) 32 Was real estate purchased for same use? (ff No, state intended use) ® YES ^ NO ^ YES ^ NO ~r'~ \Ai.... ~~I.. MnF.......n ...I~tk.....'] !TC V..e. n4.....L ~nnrnnA~~n L.n ^ YES ~] NO ^ Spouse ^ Parents and Child ^ Family Corporation or Partnership Grandparerrts and Grandchild ^ Brothers and Sisters ^ Aunt or Uncle to Niece or Nephew ^ Other 14If the real estate was transferred for nominal consideration, what is the current market ~5 Was mortgage assumed? If Yes, state amount and Interest rate. value? ^ YFS ~ NO $ Ifs Does th4s conveyance divide a current parcel of land? 87 Was sale through a real estate agent? (ff Yes, name of agent) ^ YES ^NO ^YES, Q;NO 1>3 Address of Property S~ Name and Address of Person to Whom Tax Statement Should be Sent - ~31air area Young I~n~ Ctira.stian I~saoc>~~t~.osi pity o~ Blau, ~Tashirgtosl Cou~ttY, ~eBras~.a -2551 ~'x°a~nt Sheet Blair, A1E. GB~i3S 2® Legal Description 5~~~~~~B~~ area } ~~`~'~ A2iACHl"a7 0 21 If agricultural, Ilst total number of aa~ 22 Total purchase price, including any liabilities assumed ......... ~ ........ .......... Br°-~~ ~...... 22 ~ -fl-I ~ Was nonreal property inducted in purchase? , ^ YES ^ NO (if Yes, enter amount and attach. itemized list) , , ~3g ~ _m.~-_._ o®_ ~4 Adjusted purchase price paid for real estate (line 22 minus line 23) ~ -~° natal®r ~nalties of laver, I declare that I have examined this statement and that it Is, bo the best of my knowledge and belief, true and rnrred; and that I am duly autlrorized to sign this statement ~~ ~1~~° Print ar Type Name of Grantee ar Authorized Representatve Signature of Grantee or Authorized Representative- Tide Telephone Number Date i~EGE~ ®F ~EE~~° ~I~E ®hILW ®R i~~iro ~~E ®~1L ~~ Date Deed Recrorded t Mo. ~~ } Day f f' Yr. _1' ~8 Value of Stamp or Exempt Number ~ _ _'~: ~ Deed Book .~ 2~ Deed Page i 3® Nebraska Departrnent of Pro~rtY Assessment & Taxation Form No. 2r14b-67 Rev. 12-00 Supersedes 2-14b-67 Rev. 9-94 ~ NEBRASKA DEPARTMENT OF RElIENUE-~ White Copy ~7~ Printed w/th ~ylnk air recycled paper Autlrorized by Sections 76-214, 77-1327, R.R.S. 1943 COUNTY ASSESSOR -Canary and Pink Copies GRANTEE -Goldenrod Copy ~b ~~~~~ ~) OCt !~ Pit 2r ~ GNAl;t,AF7~ („ P~Ft;H$~1i WA5H1Mt3FDN CONNFY. Ci<pg~ 8LAlR;!!E'8R QUITCLAIM DEED THE BLAIR AREA'YOUNCI MENS CHRISTIAN ASSOCIATION, Grantor, whether one ormore, ' ~ itt consideration of ONE DOLLAR ($Lt10} AND OTHER VALUABLE CONSIDERATION, receipt of which is .hereby ackrtowiedged, quitclaims and conveys to THE CITY OF GLAIR, NEBRASKA, a political subdivision, Qrantee, Ute following descrilted real estate (as defined in Neb. Rev. Scat. 76-20I) in Washington Caunty, . Nebraska: SEL EXHIBIT ~A" HERETO ATTACHED. Executed: October ~1~ .200I THE GLAIR AREA YOUNO MENS CHRISTIAN ASSOCIATION • BY:~ ~ :_S~'~A . .:° ~ PRESIDENT ' STATE OF r - - COUNTY OF i'. S c ti r _ of ~' ~ TATE OF NEBRASKA. oumy .h,~/,CC~,t~ ~ rQd4 / ~f7lc ~5 "'" led for record and eatered in Numerical Index on ~~$l~ ~ ~, ./(o , .07,08 / cZ : ~5 o'elock , n M and recorded in Book ,Peg 71_ '> J~~~lA e By Ctluxh.~ce~.tia.- ~P^~.¢n~,.em~ ~°~ or Deputy County Clerk G~erd~ ~~~ Register of Deeds or Deputy Register of Deeds Numencai a,.a.~,~ b65 ~w :.. ~., •~ ~~.R~Il~llt uA» Part of Tax Lot 173, along with part of Lot 3 in Wilson's Addition to the City of I31air, along with a portion of previously dedicated l U'" Street and Prospect Avenue, all lying in the NEl/4 NW 1 /4 of Section 13, Township 18 North, Range 11 East of the 6`" Principal Meridian, Washington County, Nebraska and more particularly described as follows: Beginning at the southeast corner of the NE1/4 NW1/4 'of Section 13, Township 18 North, Range 11 East; thence S 90°00'00" W (assumed bearing) along the south line of said NEIl4 NWI/4 a distance of 1220.81 feet to the easterly right- of--way line of ILS. l lghway Nv. 75, Said purnt lying on a 2168.84 foal radius to the right; ihc~)ce northerly along said easterly highway right-of way line along said 2168.84 foot radius curve an arc distance of 33.45 feet, said curve having a chord bearing of N 09°25'02" W and a chord distance of 33.45 feet to a point 33.00 feet northerly of the south line of said NEI/4 NW1I4; thence N 90°00'00" E parallel to and 33.00 feet north of said south line a distance of 1193.25 feet to a point 33.00 feet west of the east line of said NEl/4 NWl/4; thence N 00°03'09" W parallel to and 33.00 feet west of said east line a distance. of 626.12 feet to a point on the north line of the S1/2 NE1/4 NW1/4 of said Sec. 13; thence N 89°5707" E along said north line a distance of 33.00 feet to the northeast corner of said SIl2 NEI/4 NW1I4; thence S 00°03'09" E along the east line of said SIl2 NEI/4 NWl/4 a distance of 659.15 feet to the Point of Beginning; and containing 1.40 Acres, more or less, of which 0.20 Acres are in previously dedicated I O`"Street and Prospect Avenue right- ofway. ,~~,. BE FILED ~ ~' ~ `~ ~® WITH REGISTER ®~®ad in~aacti®I~ ®n r®~cea~® aids t7F. DEEDS ~E 63E!£®~I8@.@. ~®3' ~E ~~~~ED tl~l.lE~'1<6~9Ys~ S; 9'A`~~@~dER9T R~ ~~P~E~ ® @.T4~E~ 1-~5 AC~@TEtI~ C~~I~I.® 1 County Name ziJas2~1z~:~ ~O~ a County Number ~~3 3 Date oP Sale Mo. ' a Day ~Yr. ~~~+~ 4 Date of Deed Mo. Day l~ Yr..~~~~ ~ Ge'an~r`s Nam®, ~ddr, and Ta@aph®ne (~1®ase IPrieeik~ t;a ~alrantei~'a Nae49®, Adde•, seed gab®plr¢®n® (~i!®~~ knit) Grantor's Name (Seller) B~.ai~ .~ae~ ~ra~rz~ ~i~as ih~iat:aa~a s~O~s~~iOrx Grantee's Name (Buyer) C31r~ ~r ~i~a~.r, ~1a~ra~~a Street or Other Mailing Address I551 ~re~r~t 5`r~et • Street or Other Mailing Address 2I5 S. 3~t~ S~reea City State Zip Code flair ~ ~:~ ® ~cgd){3z3 City State Zip Code B1ai~' a`'SE., 68C13~3 Telephone Number c X02) ~~.:~-~~~2 Telephone Number c ~~2) ~~~-~ag~ 7 ~~®P{E Cit.~~IF~~'r~®N ~flD@~9~E~. ~ae~ ®n~ ~®x Iin s~fiacj®ei~.s A and tB. ~B~~bc C a6~ 4f pr®~~e~ i~ en®b~9® ~O®seta. (1)~ Improved (i)Q Single Family (4) ^ IndusMal (6) ^ Recreational (8) ^ Mlneraf Interests- (9) ^ State Assessed (1) ^ Mobfie Home (2)^ Unimproved (2)^ Multi-Family (5) ^ Agricultural (7j ^ Mineral Interests- ~u«ng {i0) ^ Exempt (3)^ IOLL (3)^ Commerdal Nonprodudng 18 Type of Deed - -~--~------- -~ _ _ ..,. ....- - -- - - ~ .. _ _. _ _m,-_._ I ^ Warranty ^ Sheriff ^ Executor ^ Mineral ^ Cemetery ~] Quit Claim ^ Conservator. ^ Partition ^ Trust ^ Other I 10 Tyrrpe~~of Transfer y u-Sale ^ Auction ^ Gift ^ Exchange ^ Foreclosure ^ Satisfaction of Contract ^ Life Estate ^ Other (explain) 1 Ofw~~nership Transferred in Full (if No, explain division) ~2 Was real estate purchased for same use? {if No, state intended use) ~I YES ^ NO ^ `~ ^ NO 1 Was sale between relatives? (If Yes, check appropriate box) ^ YES [~NO ^ Spouse ^ Parents and Child ^ Family Corporation ar Partnership ^ Grandparents and Grandchild ^ Brothers and Sisters ^ Aunt or Untie to Niece or Nephew ^ Other 141f the real estate was transferred far nominal consideration, what is the current market is Was mortgage assumed? If Yes, state amount and interest rate. value? ^ YES ® N0 $ 1~ Does this conveyance dhdde•a current parcel of land? 13' Was sale through a real estate agent? (if Yes, name of agent)' ^ YES ~i]NO ^YES ~ NO 1~ Address of Property 1~ Name and Address of Person to Whom Tax Statement Should be Serrt City ~f T3~,ai~ tdet~~as°~a City ~f ~laig, vtashia~~;tc~n Cou~.~y, I~;e~srp'- ZIP 5> I6t<~i Strm~t I~la:ir, A3E, 65t3a8 20 Legal Description SSE ~°~IiI~IT 'of't' i~er~trs at:t:a~:lad. 21 If agricultural, list total number of aces 2~ Total purcFiase price, including any liabilitles assumed ...........: ~:~~'~p:t :...................... 22 $ °~° 23 Was nonreal property included in purchase? ^ YES ^ NO (if Yes, enter amount and attach itemized list) .. ~ $ ~--~ •~-----~ 24 Adjusted purchase price paid for real estate (line 22 minus line 23) . ~ - $ °' ~" .................. . 18aader peetaltfl~ of 9a~r, I declare that I have examined this statement and that It is, to the best of my knowledge and belief, true and correct, and that I am duly authorized to sign this statement ~ Print or Type Name of Grantee or Authorized Representative Telephone Number ~~~.~ Signature of Grantee or Authorized Representative Titre Date i~~E~'E~ ®E ®fEE~~° U~fE ®~~.~ ~~ CRi~~ ~~E ®6~9@. 28 Date Deed Rernrded ~ Value of Stamp or Exempt Number ~ Deed Book ~ Deed Page ~® Nebraska Department of Property As~sment & Taxatlon Authorked by ~ctlans 76-214, 77-1327, R.RS. 1443 Farm No. 2-146-67 Rev. 12-00 Supersedes 2-146-67 Rev. 9-94 ~. NEBRASKA DEPARTMENT QF REVENUE -White Copy COUN-fY ASSESSOR -Canary and Pink Copies GRANTEE -Goldenrod Copy ~jy~ pr/nted wJtli sry/Mr on retyded paper Washington County Surveyor Office of County Surveyor COURTHOUSE BLAIR, NEBRASKA 68{)08 RICHARD L. HANSEN TELEPHONE County Surveyor (402) 42b-6877 October 8, 2001 John Samson Blair City Attorney 1650 Washington Street Blair, Nebraska 68008 Dear John: I have reviewed the deed that you faxed to me on October 8, 2001 concerning the property being transferred between the City of Blair and the Blair Area Young Men's Christian Association. The fax consisted of: 1) Quit Claim Deed from Blair Area YMCA to the City of Blair with Exhibit "A" describing a 33.00 foot strip along the south and east line of Tax Lot 173 and along the east line of Lot 3 in Wilson's Addition to the City of Blair including part of dedicated 10th Street and dedicated Prospect Avenue right-of--way. 2) A Correction Quit Claim Deed from the City of Blair to the Area YMCA concerning a portion of Prospect Avenue correcting a deed filed in Deed Book 330, Pages 694-695 in the Washington County Clerk's office. 3) A Quit Claim Deed from Blair to Blair Area YMCA concerning a 20 foot strip of land in Lot 3 Wilson's Addition to the City of Blair, Nebraska. I believe that this should correct and conclude all of the land transactions between the City of Blair and the Blair Area YMCA as these land transactions were originally intended. If there are any further questions, please feel free to contact me at my office. Respectfully, Richard L. Hansen Washington County Surveyor RLH/ca RESOLUTION N0.2001 - 38 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Ordinance No. 1310 dated October 13, 1981, the City of Blair, Nebraska vacated that portion of Fairview Drive lying between 10t° Street and 11~' Street and re~platted Block 1 and Lots 1-5 Block 2 in Beck's Addition to the City of Blair, Nebraska. WHEREAS, by virtue of Ordinance No. 1314, dated October 13, 1981,a Replat of Block 1 and Lots 1-5, Block 2, Beck's Addition to the City of Blair, Washington County, Nebraska, was approved in which said vacated portionn of Fairview Drive was authorised to be inchuied as pact of Lot 4, Block 2, in Beck's Addition to the City of Blair, Washington County, Nebraska. NOW THEREFORE, BE IT RESOLVED THAT THE MAYOR AND THE CITY CLERK of the City of Blair, Nebraska are hereby authorised and directed to execute the Quitclaim Deed attached hereto, marked Exlu'bit "A" and incorporated by this reference herein which conveys unto Brian. D. Manchester and Joan Manchester that portion vacated Fairview Dive lying south of Lot 4, Block 2 in Beck's Addition to the City of Blair, Washington Coumy', Nebraska in order to correct title of said lot. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION $E AtlOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER A~BOTT. UPON ROLL CALL, COUNCII,MEMBERS REALPH, WAITE, SHOTWELL, MC'MANTGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL Pvv1EMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THI5 23~ DAY OF OCTOBER, 2001. -1- x ATTEST: ~-~ , B A ~. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) CITY OF B~,AIR, NEBRASKA BY MICHAEL A, S, MA'S~OR BRENDA R TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk o~the City of Blair, Nebraska, and,that the above and foregoing Resolution was passed and adopted at a rE;gular meeting of the Mayor and City Council of said City, held on the 23'~ day of October, 2001. BRENDA R, TAYLO CITY CLERK -2- 1tt,~ Lt, i.t.it.tl. 1iJ: I'.~ l~ltl:•'~I,'t••I;;~I;, ,.a,• ~. r QUxTCLA,~M DEED I L.~ O I tJOV - I PPi I ~ 30 cllaR~nrY~ t.. PEtERSEN VlasiliNcroll couNtv,cl.f~RK BLdIR.NEBR! I Y'~~.~f~ rt~l Tii.i: CITY OF BLA~~t, A POLITICAL SUBDIVISION, Grantor, wltctltler oti~e or more, in coctsiden~tion of (CORREC'i'xON OF TI'TLE), reccigl of which is hereby acknowiedgetl, gtutciaims and conveys to BRIAN D. MA,NCtfESTER ANU JOAN A. MANCHESTEIL, husband and wife, as joint tenants, with riKht pf sutn•if or3hii+ and not as tenants, in eon~moo, Grantee, the following described rettlestate (as defined in Neb. Rev, Stet. 7(i-2t)t) in WASkiIINGTON County, Nebrnskn. to-wit: Any amd al! interadt in and to Lot Four (4) In Black Two (2) +yn the Itepl>zt of Lots 1-~ of Slack Z in Brck`s Addition to the City of Blalr,'11Vatrhington County, Nebraska.. Executed: October,' , 21181. TifitE C><TY OF Bit.A>IR, A POLITICAL SU>IDIVISItlN By Michael A. Mines,lV~apar STATR OF NEBRASKA COUNTY OF WASOUVG'FC-N 'x'l~e foregoing instrument ~vs-s Itckuowiedged before scale ott oCTOBi~~k Z.3 , 201-j by THE CITX OF BLAIR, A PULiTIGAL SUItpIVI.SION BY MICIIAIrL A. Mi1NES, MAYOR..' 1 /) o~~~otaa~~ ~ G~~((~' fl • lc ld~. BRENDA R. TA htyGonNn,E~JutMZ0.~04 Notary I'ub STATIr OF NEBRASKA d~ t ~dT~ ~Counly ~ ~~, .Filed for record t>ttad cattered in Nu,nerital Index ota Cyt~x.. 1 + a~ j '- ifs 1: ~ o'clock P M., rttrd rncurded in Book ~,,~,~[~I .Wage __~~_ NEBRASKA DUCUMEN'1'~1C{Y Byr!=~~~ `U .~tt~a~~ STAMP TAX Cbun ,~ or eputy County Clerk Dat3~ ..~r. ~ Register of Deeds of Deputy Register of Deeds S ~ Ay__...smt..._ Recorded ..,._.tL,.,......-• General _.~...1,,.,...-. Numerical ~ Photostat ~ ~ ~' Ptrolofed .,.....~...••.~.- ` , .' ~. TO BE FILED WITH REGISTER OF DEEDS ~el~~ Estate Tr~r1Sfer St~itenlel1~ FCORM • Read instructions on reverse side 7121 THE DEED WILL NOT BE RECORDED UNLESS THIS STATEMENT IS SIGNED.AND LINES 1-25 ARE ACCURATELY COMPLETED 1 County Name 2 County Number 3 bate of Sale 4 Date of Deed IJa reh t.i~ s;t~n ~ ~ •.; Mo. fl Day Z:I_.-_Yr. {J1.._ Mo. i l) Day ~Yr. Sly S Grantor's Name, Address, and Telephone (Please Print) ' 6 Grantee's Name, Address, and Telephone (Please Print) Grantor's Name (Setter) - Grantee's Name (Buyer) CITY OF t3L,AIIt t'RIAi! l). b,prt J()AN A. AtANCitl;ST):R Street or Other MaAing Addr~ Street or Other MalAng Address ZI8 S. IGth Street 8l9 N. IUth Street ~I+ State Zlp Code City State Zip Code Blair, NE Gf3()pil fi 1 a LI• NR. ¢*)) Telephone Number Telephone Number ( 40~ /i2G-G191 ~ ~~U2) I~$3-SU57 7 PROPERTY CLASSIFICATION NUMBER. Check one box in categories A and B. Check C also ff property is mobile home. (A) Status {B) Property Type [Cl (1)U Improved ,(1}[] Single Family {4} Q Industrial (6) ^ Reaeationai (i3) ^ Mineral Interests- (9) ^State Assessed (1) ^ Moblie Home (2)^ Unimproved (2)^ Multi-Family (5) ^ Agricultural (7) ^ Mineral Interests- Produdng (10) ^ Exempt (3~ IOLL (3)^ Commercial Nonprodudng 8 Type of Deed ~~" ~~ r ^ Warranty ^ Sheriff ^ Executor ^ Mineral ^ CemetEry ~ ~] Quit gaim ^ Conservator ^ Partition ^ Trust ^ Other ; I • 10TypeofTransfer ~ C action of Title ^ Sale ^ Auction ^ Gttt ^ Exchange ^ Foredosure ^ Satisfaction of Contract ^ Ufe restate Other (explain) 1 Ownership Transferred in Full (ff No, explain diWsion} 2 Was real estate purcha~d for same use? (IF No, state Intended use) D ~ ^ NO ^ YES ^ NO Was sa a Ben relaUves7 (if Yes, reek appropriate x) ^ YES ®NO ^ Spouse ^ Parents and Child [] Family Corporation or Partnership ^ Grandparents and Grandchild ^ Brothers and Sisters ^ Aunt or Untie to Niece or Nephew ^ Other 141f the real estate was transferred for nominal rnnsideration, what is the current market iS Was mortgage assumed? If Yes, state amount and Interest rate. value? ^ YES ®NO $ % 16 Does this conveyance divide a current parcel of land? 17 Was sale through a real estate agent? {if Yes, name Of agent) ^ YES ®NO ^YFS ®NO 16 Address of Property 19 Name and Addne:s of Person to Whom Tax Statement Should be Sent Ltriari U and 3oan A. Ptanctl~:ster 829 N. 10th Street Blair, NE. 68008 20 Legal D~aiptton , Any and all interest in and to Lot Four (4) in Block Two (2) on .... ~:•,-> the R~~p1at aE Lots 1-5 of Block Z in. Beck's Addition to the City of Blair, ZdactlingtUit County, Nebra:;ka. 2i if agricultural, pst total number of saes ~ . 22 Total purchase price, inducting any liabilities assumed . . , FxFm~t, . C~rrgetion of, Title, , , , , , 22 $ ~ 0 ~ 00 23 Was nonreal property Inducted In purchase? ^ YES ^I NO (ff Yes, enter amount and attach Itemized Ilst) .. 23 $ 24 Ad asked urchase ce aid for real estake line 22 minus line 23 ...... $ Q UO ... .... Under penattles of law, I declare that I have examN~ed this statement and that ft Is, to the besk of my knowledge and belief, true and correct, and that I am duly authorized to sign Uils statement. 25 ~ ~ Print or Type Name of Grantee or Authorized Representatve sign ~ .. here Signahrre of Grantee ar A ortzed Representative Title REGISTER OF DEEDS' USE ONLY 26 Date Deed Recorded 27 Value of Stamp or Exempt Number 28 Di Mo. _~ Day ° Yr. =--~- $ 4 ., r . ~ Nebraska Oeparbiresit of Property Assessment & Taxatton FMSSI NO.2146.67 ReV. 12-00 Supersedes 2-146.67. Rev..9-9a r ~~l ;/';, s~~ ed Bak 29 :t . ~'r %~ t ~~_.. Teleph a Number ,:..-- R NDR USE ONL 'd Page 30 ~31~ ~ ~ a RESOLUTION N0.2001 - 39 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Acquisition Contract for a temporary easement to certain real estate for shaping purposes and drive construction purposes in the City of Blair, Nebraska. WHEREAS, the Acquisition Contract for a temporary easement, marked Exhibit "A" and incorporated by this reference herein, between the City of Blair, Nebraska and the State of Nebraska Department of Roads for a temporary easement to certain real estate for shaping purposes and drive construction purposes in the City of Blair, Nebraska, designated Project No. 75-3(1014), Control No. 21963, is acceptable to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIZ, NEBRASKA., that the Acquisition Contract for a temporary easement between the City of Blair, Nebraska, and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Acquisition Contract on behalf of the municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, ABBOTT, SHOTWELL, FANOELE, MCMAI~IGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13'~ DAY OF NOVEMBER, 2001. -1- CITY OF BLAIR, NEBRASKA BY CHAEL A. S, MAYOR ATTEST: BRENII~A R. TA~L,OR TY CLERK '% (~~AL} F -, STATE OF NEBRASKA ) :ss: VVASIIII~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 13th day of November, 2001. BRENDA R. TAYL ,CITY CLERK -2- Project No.: 75-3(1014) - Tr. 5 ~~ STATE OF NEBRASKA DEPARTMENT OF ROADS ACQUISITION CONTRACT . Copies to: 1. Right of Way Division, Nebraska Department of Roads 2.Owner (NDOR Approved) ~ Project No.: 75-3(1014) 3.Owner Control No.: 21963 4. District Engineer Tract No.: 5 5. Project Manager THIS CONTRACT, made and entered into this l~ (d~ day ofr~' Noa~rt~ . 20 ~-~ by and between City of Blair, Address: . _ ~ - hereinafter called the OWNER, and the State of Nebraska, Department of Roads, hereinafter called the STATE. ~ . TEMPORARY EASEMENT WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby grants to the STATE a Temporary Easement to certain real estate described as follows: A TRACT OF LAND FOR SHAPING PURPOSES, LOCATED IN LOTS 14 AND 15, BLOCK 13, ORIGINAL TOWNSHIP OF THE-CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14; THENCE EASTERLY A DISTANCE OF 11.00 FEET ALONG THE NORTH LINE OF SAID LOT 14; THENCE SOUTHERLY DEFLECTING 089 DEGREES, 54~MINUTES, 16 SECONDS RIGHT, A DISTANCE OF 8.41 FEET; THENCE WESTERLY DEFLECTING 090 DEGREES, 00 MINUTES; 00 SECONDS RIGHT, A DISTANCE OF 24.09 FEET TO A POINT ON THE EASTERLY EXISTING HIGHWAY 75 RIGHT OF WAY LINE; THENCE NORTHERLY DEFLECTING 081 DEGREES, 56 MINUTES, 24 SECONDS RIGHT, A DISTANCE OF 6.51 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE EASTERLY DEFLECTING 098 DEGREES, 01 MINUTES, 23 SECONDS RIGHT, A DISTANCE OF 6.16 FEET ALONG SAID LOT LINE; THENCE EASTERLY DEFLECTING 000 DEGREES, 07 MINUTES, 57 SEGONDS RIGHT, A DISTANCE OF 7.84 FEET ALONG SAID LOT LINE TO THE POINT OF BEGINNING CONTAINING 157.89 SQUARE FEET, MORE OR LESS. AND ALSO: A TRACT OF LAND FOR DRIVE CONSTRUCTION PURPOSES, LOCATED IN LOTS 13 AND 14, BLOCK 13, ORIGINAL TOWNSHIP OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE EASTERLY A DISTANCE OF 17.00 FEET ALONG THE NORTH LINE OF SAID LOT 13; THENCE SOUTHERLY DEFLECTING 089 DEGREES;-54 MINUTES, 18 SECONDS RIGHT, A DISTANCE'OF 14.36 FEET; THENCE WESTERLY DEFLECTING 09U DEGREES`00'IWINUTES;'OO SECO~DS'FtIGHT; i4`DISTANCE OF 30.00 FEET;~ "`-' THENCE NORTHERLY-DEFLECTING 090 DEGREES, 00 MINUTES; 00 SECONDS RIGHT, A DISTANCE OF 14.41 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 14; THENCE EASTERLY DEFLECTING:090,DEGREES,`d51VIINUTES;~4~" SECONDS`RIGHT, A DISTANCEOF.13.OO.FEET . ALONG SAID LOT LINE TO THE-POINT OF BEGINNING CONTAINING 431.67 SQUARE FEET; MORE' OR LESS. Acquisition Contract, Page 1 Project No.: 75-3(1014) - Tr. 5 It is understood that the easement area(s) may be used for the temporary relocation of utilities during the construction of the project. 'The STATE agrees to purchase the above described Right of Way and/or Easement{s) and to pay, therefore, upon the delivery of said executed Deed and/or Easement(s). If the OWNER so desires, he/she shall have the right to receive 100% of the final payments due under this contract prior to vacating the premises being acquired. Temporary easement far shaping containing 157.89 Sq. Ft., net amount $ 30.00 Temporary easement for drive containing 431.67 Sq. Ft., net amount 80.00 TOTAL $110.00 it is agreed and understood that the STATE is hereby granted an immediate right of entry upon the premises described above. The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if any, which will be paid far in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage ~to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. If any other party shall hold any encumbrance against the aforementioned property at the time of delivery of the aforementioned .property, such payments as are due under this contract shall be made to the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties holding such encumbrance shall have in writing waived his/her right to receive such payment. Expenses for partial release of mortgages will be paid by the STATE, if required. This contract shall be binding on both parties as soon as it is executed by both parties, but should none of the above real esfate be required, this contract shall terminate upon the payment of $10.00 by the STATE to the OWNER. This. contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract. REMARKS The representative of the STATE, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding, except as set forth In this'contract, will be honored by the STATE. Acquisition Contract, Page 2 t ~ q Pro}act No.c 75-3(1814} - Tr, 5 STATE OF NEBRASKA DEPARTAAENT OF ROADS BY ~~~~%C'e~%lil Right of WayMartager Data NQY 3 ,0 2QQ1 ~,,,~ ,~~ On the abow3 date, t~fara the a tenera- tV~Y Public duly corra,i arxt . Pe+so~ly CBI118 tome knave to be tt~ ideal Gerson whose name Mixed a me torepdrut h~stnur~ent as Grantor ~ . and acknoavlalaed tt~e same to be a w~iuntary act and Geed. WITPIESS myh~nd and Nbtari~ Seal ti>a day arxJ y~r above written. try cx,mmiasion expires file dayof . 20 STATE Ql= l,ounty ss. ~. tM the 9i10taB date. txafore n1e a Cisnerai Na1aN Puitlic duH ~ aed quailtfed, PAY ~ s ~ -~- ~-~~ to rite known to be the iden~Cal whose name attbced ~ the icrettoina Ind ae manta' . arm advxx~vledpai the same to be a w~tumarv act and deed. wrtxESS my hand and tvotari~ seat the arxt year ate writta,,. r ~y comrmsston e~xp(ires@~the ~!! day of ~u /1 t'_ ~ 2t} d7 N STATE OF t V C.r~.1(~,5 !'~ L_ ~~-1461(h7nx , caumY ss. tiE FA~I ° ARY-s~o~r>et~la ~'3. Ti1Y9.C1R N!v Cotton. ~;~.,~ 20. ~4 Acquisition Contwract, Page 3 :~ RESOLUTION N0.2001-40 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 calendar year 2002 and the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER WAITS MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS. SECONDED BY COUNCII, MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS WAITS, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE .FOREGOING RESOLUTION PASSED AND APPROVED THIS 13~ DAY OF NOVEMBER, 2001. CITY OF BLAIR, NEBRASKA ATTEST: / ~ ! ~. BRENDA R. TAYLO h BY MICHAEL A. S, MAYOR (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 13~' day of November, 2001. ~, ~ ~- BRENDA R. TAYLOR, Y CLERK Maintenance Agreement No. 6 Maintenance Agreement Between The Nebraska Department Of Roads And The Municipality of Blair Municipal Extensions in Blair AGREEMENT TffiS AGREEMENT, made and entered into by and between Blair hereinafter referred to as the "City"; and the State of Nebraska, Depaztment of Roads, acting by and through its Director-State Engineer, hereinafter referred to as the "State and this agreement is to have an effective date of January 1, 2002. WITNESSETH: WHEREAS, Neb. Rev. Stat. Sections 39-2101 through 39-2125, relating to highways, set out the responsibilities of the State, counties and incorporated municipalities in the establishment of uniform standards of design, construction, operation and maintenance of said highways, and WHEREAS, the State and its incorporated municipalities wish to enter into an agreement relative to the standards of design, construction, operation and maintenance of said.highways, the responsibilities of which aze assigned by Neb. Rev. Stat. Sections 39-2101 through 39-2125, and WHEREAS, Neb. Rev. Stat. Section 39-1339 sets out in detail the maintenance responsibilities of the State, said responsibilities shall ne incorporated herein by this reference. Therefore, the parties hereto understand that the maintenance responsibilities of the City and State under the above referenced laws aze as set forth by Exhibit "A" attached hereto. NOW THEREFORE, in consideration of these facts the parties hereto agree as follows: SECTION 1a: The State agrees to perform. the maintenance on the above mentioned highways consisting of surface maintenance of thole portions of municipal extensions of all rural highways, the design of~which exceeds the design of the rural highways leading into the municipality. The State shall maintain the entire traveled portion, not including parking lanes thereon, of the municipal extension and the City shall reimburse the State as set out in Section 7a of this agreement for maintaining that portion of said municipal extension which has been designated as the City's responsibility by statute. ~o~a~ SECTION lb. The City agrees to perform the maintenance on the above mentioned highways consisting of surface maintenance of those municipal extensions of all rural highways, the municipal portion of which remains the same width as the rural highway leading into the municipality and the State shall reimburse the City as set out in Section 7b of this agreement for the maintenance of that portion of said municipal extension, which has been designated as the State's responsibility by statute. SECTION Ic. Special provisions in which the State shall perform partial maintenance and the City shall perform partial maintenance on the same municipal extension(s) shall be set out by addendum, in detail in Exhibit "B", referred to in Section 4 of this agreement. Said addendum to include specific responsibilities of the State~and the City and dollar amounts allowed for perform~.nce of said work.by the State and by the City. ~ . SECTION 2. Maintenance that may be required by."Acts of God" is not covered by this agreement but shall be performed under special agreement in each specific case. SECTION 3. Repair or reconstruction projects beyond the scope of normal surface maintenance, which are let to contract through the State's contract letting procedure, are considered to be beyond the scope of this Agreement. In the event the State andlor the City should desire to do such work, the parties hereto may enter into a separate agreement for the appropriate cost sharing. SECTION 4. Only those municipal extensions of rural highways shown on the attached list marked as Exhibit "C" and hereby made a part of this agreement shall be covered by this agreement; however, additions and deletions may be made to Exhibit "C" by mutual written agreement of the parties hereto. SECTION 5. The above mentioned highways shall be inspected periodically, at least quarterly, by the Field District Engineer or the District Maintenance Superintenden#, or their authorized representatives, and by the City's Director of Public Works or his authorized representative to review the adequacy of the maintenance work which has been performed. SECTION 6. Materials used by the City in the performance work hereunder shall be selected by mutual .agreement of the parties. hereto. SECTION 7a. Tf Section 1 a of this agreement is incorporated herein, the City will pay to the State 'the sum of $ ~ rt "B" ~` lane mile. The above cost figures shall include all labor, equipment, tools, materials and supplies used or furnished by the State in the performance of the work on the above mentioned highways. Fractional miles or fractional months, if any, will be used in computing the amount payable in this agreement. SECTION 7b. If Section Ib of this agreement is incorporated herein, the State will pay the City.the sum of 1260.00 er lane mile. No allowance will be made for turning lanes or for lanes used on a part-time basis as parking lanes, or other auxiliary lanes. The above cost figure price per lane mile shall include all labor, equipment, tools, materials and supplies used or furnished by the City in the performance of such work. Fractional miles or fractional months, if any, will be used in computing the amount payable in this agreement. . SECTION 7c. If Section lc ofthis agreement is incorporated herein, the costs of partial maintenance by the State and by the City computed by fractional mile or fractional month and~as set out in detail in the addendum, Exhibit "B", shall be offset to determine the amount, if any, to which one pazty or the other maybe entitled after. said offset. SECTION 7d .Payment under this agreement will be made on an annual basis after December 31, as . soon as possible after submission by the State to the City or the City to the State, as the case may be, of a Certificate approved by the District Engineer of the State, providing all work has been done during the period for which payment is made in full conformity with the agreement. . SECTION 8. Upon the failure of the City to perform any of the work named herein under the terms of this agreement, the Director- State Engineer may, with concurrence of the City's Director of Public Works, do and perform suchwork or cause it to be done and performed and may retain from any monies then due to the City or thereafter becoming due, any such amount as is required for the completion of such work, provided, however, that this pazagraph shall not be construed to relinquish any rights of action which may accrue in behalf of either party as against the other for any breach of agreement. SECTION 9. It is further understood that all persons working on such highways are employees of the State, City or of contracted third parties. All contracts and agreements made by the City with third parties for the performance of any work to be done under this agreement shall be subject to the terms of this agreement and shall comply with all State laws and requirements relating to construction and maintenance contracts. SECTION 10. The City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act, as provided by Neb. Rev. Scat. Sections 48-1101 through 48-1126. SECTION 11. The parties do fuuther agree, anything to the contrary herein notwithstanding, that the Director-State Engineer of the State of Nebraska, either in his individual or official capacity, shall not be responsible or liable ~in any manner to the City or to any other person or persons whatsoever for any claim, demand, action or causes of action of any kind or character. arising out of or by reason of the execution of this agreement or the negligent performance and completion of the work and improvements provided for herein. by the City or its agents or arising out of any contract let by the City for the performance of any of the work provided herein. ~ . SECTION 12. The City indemnifies, saves and holds harmless the State and all of its departments, agents, and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reasons of the execution or performance of the work provided for herein by the City or its agents and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purposes of asserting any claim of whatsoever character arising hereunder as a result of work performed by the City or its agents. SECTION 13. This agreement shall not be construed as a relinquishment by the State of any powers or control it may have over the herein before described highways. SECTION 14. This agreement shall terminate December 31, 2002, except that it may be renewed for one year at a time and each January 1 thereafter by written concurrence of both parties hereto. The lane mile payment provided in Section 7 hereof may be renegotiated to the satisfaction of both parties at any renewal date. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City flus _~ day of ~U~n~l/~x , 2001. ATTEST: CITY OF Blair elf - City Clerk ayor EXECUTED by the State this ~ day of 2001 STATE OF NEBRASKA DEPARTMENT O ROAD5 De uty Director APPROVED: Highway Maintenance En eer Qc o~o~ RECOMMENDED: - Exhibit KA" MAINTENANCE OPERATION AND RESPONSIBILITY Municipal extensions and connecting }inks (Streets Designated Part of the State Highwa System) . Y Maintenance Operation Maintenance Respons~~ify Neb. Rev, Stat. Secl3on 39-1339 Neb. Rev Scat. Secttan 39-2104 Metro. Primary 1~` Gass Z'~ Class .Cities Cities Cities Cities {Omaha) (Lincoln). `~ Roadway sarfece maintenance of width equivalent to design of rural highway leading into municipality. .Roadway surface maintenance exceeding design width of rural highway leading into msnidpality, Snow removal, maintenance of shoulders; gaffers, driveways, city alleys aad approaches, mowing and right-of-way maintenance. Pavement marking - parldng lanes, KX"_walks, school ~X"ings, etc. Pavement marking =centerlines, No passing lines, lane lines. Guide and route signs Speed limit and Stog signs Dept. Dept. Dept: Dept. Cfty City City Ci#y City City City ~ City or Village City City City City or Village Dept. Aept. ~ Dept. Dept. Dept. Dept. Dept. Dept. City `City Dept.. Dept. EXHIBIT "B" City of Blair Pursuant to Sections 1 a, 7a, and 7d of the Agreement and to Exhibit "C" made a part of this Agreement through reference, the State agrees to pay to the City the sum of $1260.00 per lane mile for performing the surface maintenance on those lanes listed on the attached copy of Exhibit ~~: , From Exhibit "C" it is determined that the State's responsibility for surface maintenance within the City Limits is 17.30 lane miles. ~ f 17 301ane miles X $1260 ~~er lane mile = $21 798 00 due the City for surface maintenance. .. ~ m . STATE OF NEBRASKA DEPARTMENT OF ROADS .RESPONSIBILITY FOR SURFACE MAINTENANCE OF MUNICIPAL EXTENSIONS ' Neb. rev. Sit. 39-1338 and Neb. Rev Stat. 39-2101 Exhibit °C" Page 1 of 1 Gity of Blair TOTAL TOTAL HWY REF POST LENGTH WIDTH OF DRIVING LANE RESPONSIBILITY nGCrRiprinnt N[)_ ~Rnnn Tn IN MILES STREET LANES MILES STATE CITY South City Limits to 150' North of Clark St. 30 446.20 447.50 1.30 24'-35' 2 2.60 2.60 150' North of Clark St, to Industrial Park Dr. ~ 30 447.50 449.90 2.40 48'-60' 4 9.60 4.80 4.80 Industrial Park Drto . East City Limits 30 449.90 450.55 0.65 24 =36' 2 1.30 1.30 South City Limits to East Jct. Hwy 30 ~ 75 .113.91 114.97 1.06 50'-52' 4 4.24 2.12 2.12 West Jct. Hwy 30 to 23rd Street 75 115.46 116.20 0.74 48'-50' 4 2.96 1.48 1.48 23rd Street to North City Limits 75 116.20 116.59 0.39 24" 2 0.78 0.78 West City limits to Jct Hwy 30 91 229.26 230.49 1.23 24'-48' 2 2.46 2.46 South City Limits to Jat Hwy 30 133 18.39 19.27 0.88 24'-36' 2 1.76 1.76 Total Lane Mltes 25.70 17.30 8.40 RESOLUTION N0.2001-42 COUNCILNtEMBER FANOELE 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 pro~u~bit ar regulate parking on designated streets or parts of streets. NOW,. THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GLAIR, NEBRASKA, that two handicapped parking stalls ~ designated an Grant Street adjacent to Lot 19, Block S8 in Original Townsite, City of Blair, Nebraska (1734 Grant Street), and that the Street Department of the City of Flair 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 of this Resolution it shall be unlawful for any person to fail, neglect or refuse to cogiply with said parking restriction. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCII., MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS WRITE, REALPH, SHOTWELL, FANOELE, MCMANiGAL, WOLFF, ABBOTT, $IFFAR VOTING "AYE" AND CQUNCIZMEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FCyREGOING RESOLUTION PASSED AND APPROVED THIS 27~' DAY OF NOVEMBER, 2001. CITY C?F BLAIR, NEBRASKA BY_= L A. ,MAYOR ATTEST; RENDA R. TAYLO (SEAL) y > D STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R TAYLOR, hereby certifies that she is the acting City Clerk of the City of Blair, Nebraska, and that tie was passed and adopted at a regular meeting of the Mayor and the 27'~ day of November, 2001. du~y appointed, qualified anal move and foregoing Resolution C~ky Council of said City, held on r z~ RESOLUTION N0.2001-43 COUNCILMEMBER SHOTWELL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with approving the Blair-Flex Chpice Plan for the City of Blair Employees; and WHEREAS, said agreement is on file with the City Clerk is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED by the City ofBlair, that a Plan known as the City of Blair FLEX-CHOICE Plan is hereby adopted and a copy of Plan is attached. The Plan, as amended and restated January 1, 200 will be provided to certain employees and allows for employees' ~rtion of the coxma`btrtion for medical coverage to ~ made on a pretax basis. Be it further resolved, this Plan establishes Medical Care and Dependent Care Reimbursement Plans. An eligble employee may reduce his/her salary fair reimbursement of eligible medical. care and .dependent care expenses under these Plans. The City of Blair FLEX-CHOICE Plan. is hereby adopted and approved by the municipality and the Mayor and City Clerk of the City of Blair are hereby authori~d. and directed to execute saw on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED-THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WRITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIEFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE liOREGOING RESOLUTION PASSED AND APPROVED THIS 27~ DAY (~F NOVEMBER, 2001. CITY OF BLAIR, NEBRASKA CHAEL A. ,MAYOR ATTEST: o BRENDA R. TA'~LO ~sEAL) ;~ : t STATE QF 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 f~aregoing Resolution was passed anal adopted at a regular mP~ting of the Mayan and City Council of said City, held au. the 27~" day of November, 2001. ~~ BRENDA R TA~I,4R, CLERK CITY OF BLAIR FLEX-CHOICE PLAN DOCUMENT Amended and. Restated January 1, 2002 - .. t .. .... TABLE.OF CONTENTS ,. _ Page #' Article I 'The Plan ...:...:......:.:..:......................:.:...............,................,1 1.1. Establisliment 1.2 Purpose 1.3 -Legal Status .Article II Definitions :...............:.:........:.. ;,.................:..:::......,.::,....2 2.1 , Benefits 2.2 Benefit Dollars:.. - 2.3 :Code 2.4 Compensation 2.5 'Dependent : 2.6 Dependent Care Expense 2.7 Effective Date 2.$ ~ Employee 2.9 Employer 2.10 Flexible Benefit Account- ' 2:11'' Highly Compensaxed Participant ;: , ' 2.12 Key Employee 2.13 Medical -Care Expense 2.14 Participant 2.15. Plan, . 2.16 ,. Plan `Administrator 2.1.7 Plan Year 2.18 Supplemental Effective Date Article III Eligibility . .. .. ....4 3.1 Present Employ 3.2 Future Employees Article IV - ....Participation ........ ......::......:................:......:.........:.:..5 4.1 Election 4.2' Form 4.3 ' Commencement 4.4 Duration : . 4.5 Irrevocability of Election 4.6 Failure to Elect '. 4.7 Tenninatian of Participation 4:$ Qualifying Leave Under Family Leave Act- 4.9 Reduction of Certain Elections to Prevent Discrimination TABLE OF CONTENTS (Cont.) Page # Article V Contributions ........................................................................12 5.1 Employer Contribution 5.2 Voluntary Salary. Reduction 5.3 Interest Credited 5.4 Plan Financing 5.5 Non-Discrimination Article VI Benefits .................................................................................13 6.1 Available Benefits 6.2 Use of Benefit Dollars 6.3 Insurance/Self-Funded Benefits 6.4 Key Employees 6.5 Expense Reimbursement 6.6 Benefit on Family Status Change or Ineligibility 6.7 Benefit on Termination 6.8 Benefit on Death 6.9 Designation of Beneficiaries 6.10 Forfeiture Article VII Administration ........................ ..16 ............................................ 7.1 Administration 7.2 Powers of Employer 7.3 Actions of the Employer 7.4 Delegation 7.5 Reports and Records 7.6 Indemnification 7.7 Claims Procedure Article VIII Amendments and Termination ..............................................19 8.1 Amendments 8.2 Changes in Third Party Benefits 8.3 Termination of Plan TABLE OF CONTENTS (Cont.) Page # Article IX Misc 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 ellaneous ......................................................:................20 No'Guaranty of Employment Limitation on Liability .Third Party Agreements Non-Alienation .Facility of Payment Rights to Employer's Assets Severability ofProvisions Binding Effect Headings and Captions Gender and Number Other Salary-Related Plans Exhibit A Insurance/Self-Funded Plan Benefits.........: ...................:......22 Exhibit B Medical Care Expense Reimbursement Plan: .................:.....23 Exhibit C Dependent Care Expense Reimbursement Plan ....................26 CITY OF BLAIR FLEX-CHOICE PLAN (Amended and Restated Effective as of January 1, 2002) ARTICLE I The Plan 1.1 Establishment. City of Blair (hereinafter called "Employer"), originally established, effective as of September 1, 1991, a plan of flexible benefits for eligible Employees of the Employer l~nown as the FLEX-CHOICE Plan. Employer hereby amends, restates and continues the Plan in the form of the City of Blair FLEX-CHOICE Plan (the "Plan"), effective January 1,.2002 ("Supplemental Effective Date"). 1.2 Purpose. The purpose of this Plan is to provide its Participants with an opportunity to elect, from among several types of benefits, those benefits best suited to each Participant's needs.. Some benefits available under the Plan will be treated as taxable compensation to the Employees. Other available benefits are intended to qualify as statutory nontaxable fringe benefits. 1.3 Legal Status. The Employer intends that this Plan qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be eligible for exclusion from such Employee's gross income to the extent provided by the Code. The Plan is intended to comply with. the applicable provisions of the Code and the Employee Retirement Income Security. Act of 1974 ("ERISA") as amended. Although this Plan is a "Cafeteria Plan" and has been reduced to writing in order to comply with said Section 125, the Plan shall also serve as an amendment to certain welfare plans presently in effect for the Employer. Thus, to the extent necessary, this legal instrument will serve as an amendment to each of said welfare plans. in order to permit the benefits of this Plan to be fully implemented for Participants.. ARTICLE II DeSnitions Whenever used in the Plan, the following words and phrases shall mean: 2.1 "Benefits" mean those benefits which the Employer specifically determines shall be available under this Plan for the Plan Year as set. forth in Exhibits attached hereto and incorporated by reference. The term includes cash and statutory nontaxable benefits as defined by Section 125 of the Code and the regulations promulgated thereunder. 2.2 "Beneftt Dollars" means the dollar credits available for each Employee under this Plan as determined in accordance with Article V. 2.3 "Code" means the Internal Revenue Code of 1986, as amended. Reference to a Code section shall be deemed to be that section as it now exists and to any successor provision. 2.4 "Compensation" means. the total remuneration paid to or on behalf of a Participant during the Plan Year to which reference is made. "Compensation" shall include basic salary or wages, overtime payments, and all other direct current compensation, but shall not. include Employer contributions to Social Security, contributions to .any retirement plan or program, or the value of any other fringe benefits provided at the expense of the Employer. 2.5 "Dependent" means an individual who qualifies as a dependent. under the terms of Section -152 of the Code. 2.6 "Dependent Care Ezpense" shall mean the payment of, or provision of, those services which, if paid for by the Employee would be considered employment-related. expenses under Internal Revenue Code Section 129 (relating to expenses for household and dependent care services necessary for gainful employment). 2.7 "Effective Date" means September 1, 1991. 2.8 "Employee" means any person employed fiill time by the Employer whose customary weekly employment is not less than'forty (40) hours. 2.9 "Employer" means City of Blair. 2.10 "Fle~ble Benefit Account" shall mean the entire interest of a Participant in the Plan. Unless otherwise specified, the value of the Participant's Flexible Benefit Account or accrued benefit shall be determined as of the date coincident with or next following the occurrence of the event to which reference is made. 2 2.11 "Highly Compensated Participant" shall mean any person defined in the appropriate Internal Revenue Code Sections as follows: (a) Section 125(e) for the City of Blair, FLEX-CHOICE Plan; (b) Section 105(h) for Medical Care Expense Reimbursement Plan; and (c) Section 4140 for Dependent Care Expense Reimbursement Plan. 2.12 "Key Employee" shall mean any person who is a Key Employee as defined in Section 416 of the Internal Revenue Code. 2.13 "Medical Care Expense" shall mean. any expense which meets the criteria as a deductible health care expense under Internal Revenue Code Section 213, specifically including dental, vision and hearing care expenses. 2.14 "Participant" means a person who is an Employee on or after the Effective Date and who satisfies participation conditions of Article N. Aperson who becomes a Participant shall remain a Participant until all benefits due him or her under the provisions of this Plan have been paid or otherwise satisfied. 2.15 "Plan" means the City of Blair FLEX-CHOICE Plan as set forth herein and as amended or restated from time to time. 2.16 "Plan Administrator" shall mean the Employer. 2.17 "Plan Year" means the 12-month period commencing January 1 and ending December 31. 2.18 "Supplemental Effective Date" means January 1, 2002, the date the Plan was amended, restated and conti~ed. 3 .ARTICLE III ~~igib~lity ARTICY~E IV Participation 4.1 .Election. Each Employee who becomes eligible to participate in this Plan shall complete. such benefit election forms and provide. such data as are reasonably required by the Employer as a precondition to participation. By becoming a Participant, each Employee shall for all purposes be deemed conclusively to have assented to the provisions of this Plan and to all amendments thereto. 4.2 Form. The election must be in writing and in such form as determined by the Employer. 4:3 .Commencement. The election shall be made at such time as prescribed by the Employer, but in no event later than (a) the commencement of the Plan Yeaz in which the election is to become effective, or (b) the first date upon which a new election is to become effective pursuant to Sections 3.2 on Future Employees and 4.5 on Irrevocability. 4.4 Duration. An election shall be effective only for the Plan Year to which it relates. A new election must be made for each subsequent Plan Year. 4.5 .Irrevocability of Election. Except as described below in this Section 4.5, a Participant's election under this Plan is irrevocable for the duration of the Plan Year to which it relates. In other words, unless one of the exceptions applies, the Participant may not change any elections for the duration of the Plan Year regarding: participation in this Plan; salary reduction amounts; or election of particular component plan benefits. The exceptions to the irrevocabilityrequirement, which would permit a Participant to make amid-yeaz election change in benefits and/or salary reduction amounts are as follows: (a) Change in Status is any of the events described below, as well as any other events included under subsequent changes to Code § 125 or regulations issued under Code § 125 that the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: • Legal Marztal Status: A change in a Participant's legal marital status, including marriage, death of a spouse, divorce, legal separation or annulment; Number of Dependents: Events that change a Participant's number of tax Dependents (as defined in Code Section 152), including birth, death, adoption, and placement for adoption; 5 Change in Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects the benefit eligibility under a cafeteria plan or other employee benefit plan of the employer of the Participant, the spouse, or Dependents, such as: termination or commencement of employment, a strike. or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, switching from salaried to hourly-paid or union to non-union or vice versa, incurring a reduction or increase in hours of employment (e.g., going from part-time to full-time), or any other similar-change which makes the individual become (or cease to be) eligible for a particular employee benefit.. Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as due to attaining a specified age, getting married, or ceasing to be a student;. Change in Residence: A change in the place of residence of the Participant; the Participant's Spouse or the Participant's Dependent. A Participant may change or terminate his or her election under the Plan upon the occurrence of a Change in Status, but only if such change or termination is made on account of and corresponds with a Change in Status that affects coverage eligibility of a Participant,. a Participant's Spouse, or a Participant's Dependent (referred to as the general consistency requirement.) The Plan Administrator (in its sole discretion) shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a Change in Status. Assuming that the general consistency requirement is satisfied, a requested change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on that change. NOTE: For the Medical Care Expense Reimbursement Plan, status changes will be allowed only in the case of birth or.death of a dependent. (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or a Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverages, a Participant may only. elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant's Spouse (not ex- spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under state law) under the Employer's Plan, the Participant may increase his election to pay for such coverage. 6 (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant, a Participant's Spouse, or a Participant's Dependent gains eligibility for coverage under this Employer's plan or another employer's cafeteria plan.. (or another employer's qualified benefit plan) as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. (3) Dependent Care Expense Reimbursement Benefits. With respect to the Dependent Care Expense Reimbursement benefit plans, a Participant may change or terminate his or her election only if (i) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an employer's plan; or (ii) the election change is on account of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion available under Code § 129. (4) Group Term Life Insurance, Accidental Death & Dismemberment, and Disability Income Coverage. For any Change in Status (disregarding the requirement that the event cause a loss or gain of eligibility), a Participant may elect either to increase or to decrease group term life insurance or disability income coverage offered. under the Plan. (b) HIPAA Special Enrollment Rights: If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan,. as required by Code §9801(f), and medical coverage was declined under the group. health plan because of outside medical coverage and eligibility for such coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction iri hours, or exhaustion of the maximum COBRA period, or if a new Dependent. is acquired as a result of marriage, birth, adoption, or placement for adoption, then a Participant may revoke a prior election for health or accident coverage and make a new election (including salary reduction election), provided that-the election corresponds with such special enrollment right. For purposes of this provision, (1) an election to add previously eligible Dependents as a, result of the acquisition of a new Spouse or Dependent child shall be considered to be consistent with the special enrollment right; and (2) a HIPAA special enrollment election attributable to the birth or adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). (e) Certain Judgments, Decrees and Orders If a judgment, decree, or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order) requires accident or health coverage for a Participant's Dependent child (including a foster child who is a Dependent of the Participant), a Participant may: (1) change his or her election to provide coverage for the Dependent child (provided that the order requires the Participant to provide coverage); or 7 (2} change his or her election to revoke coverage for the Dependent child if the order requires that another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan provided other coverage is actually procured. (d) Medicare and Medicaid If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident benefit under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may prospectively reduce or cancel the health or accident coverage of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who has-been entitled to Medicare or Medicaid loses eligibility for such coverage, then the Participant may prospectively elect to commence or increase the health or accident coverage. (e) Change in Cost (These rules do not apply to health care flexible spending accounts.) (1) Automatic Increase or Decrease for Insignificant Cost Changes. If the cost of a Benefit Plan or Policy increases or decreases during a Plan. Year by an insignificant amount, then the Pretax Contributions or Aftertaac Contributions (as applicable) under each affected Participant's election shall be prospectively increased or decreased to reflect such change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this prospective increase or decrease in affected employees' elective contributions in accordance with such cost changes. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether increases or decreases in costs are "insignificant" based upon all the surrounding facts and circumstances (including, but not limited to, the dollar amount or percentage of the cost change}. (2) Significant Cost Increases/Decreases.. If the Plan Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly increases during a Plan Year, the Participant may either make a corresponding prospective increase in his or her contributions, or revoke his or her election, and in lieu thereof, receive coverage under another Plan option which provides similar coverage, or can drop coverage if no similar coverage is available. If the Plan Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly decreases during a Plan Year, the participant may revoke his or her election, and in lieu thereof, receive coverage under the decreased Plan option which provides similar coverage. In the event of a decrease, Participants who were not previously enrolled could elect the decreased Plan option. The-Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a cost 8 increase is significant and what constitutes "similaz coverage" based upon all the surrounding facts and circumstances. (3) Limitation on Change in Cost PYOVlsions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions apply to Dependent Care Expense Reimbursement only if the cost change is imposed by a dependent caze provider who is not a "relative" of the employee by blood or marriage (as that term is defined in Proposed Treas. Reg. § 1.125-4(f)(2)(iii) or other TRS guidance). (f) Change in Coverages (These rules do not apply to health care flexible spending accounts.) (1} Sign cant Curtailment. If the Plan Administrator determines that a Participant Benefit Plan or Policy coverage under this Plan is significantly curtailed during a Plan Yeaz, the Participant may revoke his or her election under the Plan. In that case, each affected Participant may prospectively elect coverage under another Benefit Plan or Policy option which provides similar coverage but cannot drop coverage. If the Plan Administrator determines that a Participant Benefit Plan or Policy coverage under this Plan is significantly curtailed that results in a loss of coverage, the Participant may elect coverage under another Benefit Plan or Policy option which provides similaz coverage, or can drop coverage if no other similaz option is available. Coverage under an accident or health plan is deemed "significantly curtailed" only if there is an overall reduction in coverage provided to Participants under the Plan so as to constitute reduced coverage to Participants in general. The Plan Administrator. (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a curtailment is "significant," and whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (2) Addition or Elimination of Benefit Package Option Providing Similar Coverage.. If during a Plan Yeaz the Plan adds or eliminates a Benefit Plan or Policy, an affected Participant may elect anewly-added option or elect another Benefit Plan or Policy (where a Plan option has been eliminated), and may do so prospectively on a pretax basis by making corresponding election changes with respect to coverage under another Benefit Plan or Policy option that provides similaz coverage. In the event of a significant improvement in a benefit plan, the Pazticipant may revoke, their current election and elect the improved benefit plan and those Participants who previously waived coverage could elect to participate in the improved benefit plan. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a substitute Benefit Plan or Policy constitutes"similar coverage" based upon all the surrounding facts and circumstances. 9 (3) Change in Coverage of Spouse or Dependent Under Their Employer's Plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under any employer plan. (including the plan or the Spouse's, former Spouse's, or Dependent's employer), so long as (a) the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its participants to make an election change that would be permitted under IRS regulations;. or (b) the Plan permits Participants to make an election for a Plan Year period of coverage which is different from the plan year period of coverage under the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's or Dependent's employer. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change. is on account of and corresponds with a change made under the plan of the Spouse's, former Spouse's, or Dependent's employer. A Participant entitled to make a new election under this Section must do so within 30 days. of the event. An Employee who is eligible to elect benefits but declined to do so during the. initial election period, or during a subsequent open enrollment period, may file a pretax contribution. election change within 30 days of the occurrence of an event described in this section, but only if the election under the new salary reduction agreement is made on account of and corresponds with the event. Subject to the provisions of the underlying group health plan, elections made to add medical coverage for a newborn or newly adopted Dependent child pursuant to a HIl'AA special enrollment right maybe retroactive for up to 30 days. All other new elections shall be effective prospectively immediately following the date the Participant files his new salary reduction agreement with the Plan Adminis~ator. Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a subsequent event (described above) allows a further. election change. 4.6~ Failure to Elect. An Employee failing to return a completed election form to the Plan Administrator on or before the specific due date for any subsequent Plan Year shall be .deemed to have made the same election as was in effect just prior to the end of the preceding Plan. Year for insurance premiums/self-funded benefits as described in Exhibit A. A Participant shall be deemed to have agreed to a reduction in compensation for the subsequent Plan Year equal to the Participant's share of the cost from time to time during such Plan Year of each optional benefit Participant is deemed to have elected for such Plan Year. An Employee failing to return a completed election form to the Plan Administrator on or before the specified due date for any subsequent Plan Year shall be deemed to have waived participation in these Plans only for the new Plan Year for Medical Care Expense and bependent Care Expense Reimbursement Plans as described in Exhibits B and C. 4.7 Termination of Participation. In the event that an Employee's. employment with the Employer is terminated for any reason, or a Participant becomes ineligible to participate in the Plan by changing status to that of a part-time Employee, all benefits 10 provided hereunder for such Employee shall cease as of the last day of the month following such event, subject to Section 6.7 on Benefit on Termination. A former Participant who is later rehired by the Employer within 30 days or less of the date of termination of employment will be reinstated with the same election(s) that such individual had before termination. If a former Participant is rehired more than 30 days following termination of employment and is otherwise. eligible to participate in the Plan, the individual may make a new election. Apart-time Employee who-later becomes a full-time Employee, shall be deemed to be a new Employee for all purposes under this Plan. 4.8 Qualifying Leave Under Family Leave Act. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and 1Vledical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant's group health plan benefits, as defined under the FMLA, on the same terms and conditions as though he or she were still an active Employee (i.e., the Employer will continue to pay its share of the premium to the extent the Employee opts to continue his or her coverage). If the Employee opts to continue his or her coverage, the Employee may pay his or her share of the premium with aftertax dollars while on leave (or pretax dollars to the extent that he or she receives compensation during. the leave),. or the Employee maybe given the option to pre-pay all or a portion of his or her share of the premium for the expected duration of the leave on pretax salary reduction basis out of his or herpre-leave Compensation by making a special election to that effect prior to the date such Compensation would normally be made available to the Employee (provided, however, that pretax dollars may not be utilized to fund coverage during the next plan year), or via other arrangements agreed upon between the Employee and the Plan Administrator (e.g., the Plan Administrator may fund coverage during the Leave and withhold amounts upon the Employee's return). Upon return from such leave, the Employee will be permitted to reenter the Plan on the same basis the Employee was participating in the plan. prior to his or her leave, or as otherwise required by the FMLA. Participants who have elected Health Care Expense Reimbursement benefits under the Plan funded with Pretax Contributions will be given an opportunity to continue those benefits with similar payment options as above, and with such Participants bearing the entire cost. 4.9 Redaction of Certain Elections to Prevent Discrimination. If the Plan Administrator determines, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pretax Contributions allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall take such action(s) as he or she deems appropriate, under rules uniformly-applicable to similarly situated Participants, to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's. or Key Employee's election without the consent of such Employee. 11 ARTICLE V Contributions 5.1 Employer Contribution. The Employer shall not make contributions under this Plan in excess of the salary reduction contributionunder Section 5.2 on Voluntary Salary Reduction. The maximum amount of Employer contributions under-the Plan for any Participant shall be the sum of a) the maximum amounts which the Participant may receive under the Medical Caze Expense Reimbursement Plan and the Dependent Care Expense Reimbursement Plan, as set forth in such Plans (Exhibits B and C) and b) the costs from time to time of the most expensive benefits available to the Participant under this Plan as set. forth in Exhibit A. 5.2 Voluntary Salary Redaction. Each Participant will be permitted at Participant's sole discretion to reduce his or her salary each Plan Year by converting a portion thereof into Benefit Dollars -for deposit into Participant'sFlexible Benefit Account. Such salary reduction will be made by a written authorization prior to the start of each Plan Yeaz or upon entry into the Plan, as the case maybe. Maximum salary reduction limits for each Participant allowable in any Plan Year will be set by the Employer. Salazy reduction contributions shall be deemed to be Employer contributions and, if unused, cannot be carried forward to a subsequent Plan Yeaz. 5.3 Interest Credited. There will be no interest credited to a Participant's Flexible Benefit Account. ~.4 Plan Financing. Benefit Dollars shall be paid out of the Employer's general assets. pursuant to the Plan and according to the instruction and direction of the Plan Administrator. 5.5 Non-Discrimination. Contributions and benefits under this Plan shall not discriminate in favor of Highly Compensated Participants or Key Employees. 12 ARTICLE VI Benefits 6.1 Available Benefits. Each Participant shall be entitled to elect to have. his or her Benefit Dollars. applied to purchase benefits under any one or more of the Plans described in Exhibits A, B and C attached hereto, as amended from time to time. 6.2 Use of Benefit Dollars. Benefit Dollars can be used to pay for insurance premiums, cost of self-funded benefits, Medical Care Expenses .and Dependent Care Expenses, as follows: a. Insurance Premiums/Self-Funded Benefits. To the extent a Participant so elects, a portion of the Participant's Benefit Dollars shall be used to pay the Participant's share of the cost of coverage under any existing Employer-sponsored health, medical, dental, hospitalization, disability or life insurance or other similar insurance or self-funded plans for Employees. Said insurance and/or self-fiinded plan benefits are set forth on Exhibit A which is attached hereto and made a part hereof by this reference. b. Medical Care Expenses. The Employer has established a Medical Care Expense Reimbursement Plan under which a Participant may elect to use Benefit Dollars for reimbursement ofnon-covered health-related expenses, excluding health care premiums which are incurred by the Participant personally or for Participant's dependents. Said Plan is attached hereto as Exhibit B and made a part hereof by this reference. c. Dependent Care Expense. The Employer has established a Dependent. Care Reimbursement Plan under which a Participant may elect to use Benefit Dollars for reimbursement of employment related Dependent Care Expenses incurred by the Participant. Said Plan is attached hereto as Exhibit C and made a part hereof by this reference. 6.3 Insurance/Self-Fended Benefits. While the election to receive one or more of the benefits described in Exhibit A may be made under this Plan, the benefits will be provided not by this Plan but by the underlying insurance/self-funded plans. The types and amounts of benefits available under each option, the requirements for participating in such Plans, and the other terms and conditions of coverage and benefits under such Plans are as set forth from time to-time in the group insurance contracts, self-funded plan documents and prepaid health plan contracts that constitute (or are incorporated by reference in) such Plans.. 6.4 Key Employees. No more than 25% of the total paid benefits pursuant to this Article VI during any Plan Year may be paid to Key Employees. If the Employer believes that this 25% limit maybe exceeded, it may, arbitrarily and in its absolute discretion, 13 limit (a) the amount of the Key Employees' salary reduction that may be used pursuant to Section 6.2 on Use of Benefit Dollazs and/or (b) the amount of benefits that may be paid to such. Key Employees so that the limit will not be exceeded; provided, that any such limitation imposed by the Employer shall apply on a uniform basis pursuant to rules applicable equally to all Key Employees. 6.5 Expense Reimbursement. A Participant must apply to the Employer for reimbursement of eligible medical Gaze and dependent care expenses by submitting a written application in such form as prescribedby the Employer. The written application must provide a written statement from an independent third party stating that the expense has been incurred and the amount. Expenses aze treated as having been incurred when the Participant is provided with the medical or dependent caze expenses, and not when the Participant is formally billed or charged for, or pays for the medical or dependent care. In addition, the Participant must provide a written statement that-the medical expense has not been reimbursed or is not reimbursable under any other health plan coverage. 'The expense must be incurred for services rendered after the effective date of the election and during the Plan. Year. Reimbursement will be made from. Pazticipant's Flexible Benefit Account based on Benefit Dollars allocated by Participant for a specific elected benefit. Medical bills submitted for reimbursement which exceed the total Benefit Dollars available in the Participant's Flexible Benefit Account for Medical Caze Expense will be paid up to the total Benefit Dollazs allocated by the Participant for that elected benefit for that Plan Year reduced by reimbursements already paid. Once a Participant's Flexible Benefit Account for Dependent Care Expenses is reduced to zero, there will be no other payments made until the next claim processing date of the Plan Year. In the event a bill submitted for Dependent. Caze Expense reimbursement remains fully or partially unpaid, said claim maybe carried forwazd for reimbursement-out of BenefitDollars to be contributed to Participant's Flexible Benefit Account for Dependent Care Expenses during subsequent months of the Plan Yeaz. • 6.6 Benefit on Family States Change or Ineligibility. If a Participant .ceases to be a Participant due to a change in family status or becomes ineligible to participate in the Plan, such Participant shall be entitled to reimbursement for the remainder of the Plan Year pursuant to Sections 6.2b and 6,2c on Use of Benefit Dollars for Medical Caze Expense and Dependent Care Expense to the extent of the amount of Benefit Dollars for that Plan Year remaining in the Participant's Flexible Benefit Account at the time of such family status change or ineligibility. to participate. 6.7 Benefit on Termination. If a Participant ceases to be an Employee of the Employer, such Participant shall be entitled to reimbursement for the remainder of the Plan Yeaz pursuant to Section 6.2b on Use of Benefit Dollazs for Medical Care Expense. only to the extent the expenses are incurred during a month in which a contribution is made, and Section 6.2c on Dependent Caze Expense to-the extent of the. amount of Benefit Dollars for that Plan Year remaining in the Participant's Flexible Benefit Account at the time. of such termination of employment. 6.8 Benefit on Death. In the event of the death of a Participant, the beneficiaries of such deceased Participant shall be entitled to continue receiving Participant's elected 14 benefits pursuant to Sections 6.2b and 6.2c on Use of Benefit Dollars to the extent the expenses are incurred during a month in which a contribution was made. 6.9 Designation of Beneficiaries. Each Participant may designate, upon forms to be furnished by and filed with the Employer, one or more primary Beneficiaries or alternative. Beneficiaries to continue receiving Participant's elected benefit in the event of Participant's death, pursuant to Section 6.8 on Benefit on Death. The Participant may change or revoke any such designation from time to time without notice to or consent from any Beneficiary or spouse. No such designation, change or revocation shall be effective unless executed by the Participant and received by the Employer during the Participant's lifetime. If no Beneficiary is specified, the Participant's surviving spouse shall be the Beneficiary. If no Beneficiary is specified and the Participant does not have a surviving spouse, the Participant's children shall equally share as Beneficiaries. If no Beneficiary is specified and neither of the two preceding default provisions apply, there shall not be a Beneficiary. 6.10 Forfeiture. Once an election is made regarding specific types and amounts of benefits under this Plan, Benefit Dollars maybe used only to purchase or provide those benefits. If any balance remains in the Participant's Flexible Benefit Account for a Plan Year after all .reimbursements have been made for the Plan Year, such balance shall not be carried over to reimburse the Participant for expenses incurred during a subsequent Plan Year.. The Participant shall forfeit all rights with respect to such balance. All forfeitures under this Plan shall be used to offset any losses experienced by the Employer during the Plan Year as a result of making reimbursements (i.e., providing benefits) with respect to any Participant in excess of the premiums paid by such Participant via salary reductions, and then to reduce the Employer's cost of administering this Plan during the Plan Year. All such administrative costs shall be well documented by the Administrator. 15 ARTICLE VII Administration 7.1 Administration. The Plan shall be administered by the Employer. The Employer shall bear all administrative costs of the Plan. 7.2 Powers of Employer. The Employer shall have all powers necessary to administer the Plan, including, without limitations, powers: a. To maintain complete and accurate records of all Plan transactions, contributions, and distributions. Incident to this responsibility, the Employer shall cause the books and records of the Plan to reflect the Flexible $enefit Account of each Participant at all times throughout the Plan Year.. The Employer shall maintain the books of accounts, records, and other data in the manner necessary for proper administration of the Plan and to meet any applicable disclosure and reporting requirements of the Employee Retirement Income Security Act of 1974 (ERISA); b. To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan, provided such rules and regulations are not inconsistent with the terms of the Plan as set out herein. -All rules and decisions of the Employer shall be uniformly and consistently applied to all Participants in similar circumstances; c. To enforce the terms of the Plan and the rules and regulations it adopts; d. To review claims and render decisions on claims for benefits under the Plan; e. To furnish the Participants, upon request, with information which Participants may require for tax or other purposes; f. To employ agents, attorneys, accountants or other persons (who also maybe employed by or represent the Employer) for such purposes as the Employer considers necessary or desirable in connection with its duties hereunder; g. To apply for and take all steps as may be necessary to secure insurance contracts with one or more insurers as and when required by the Employer, and to pay or coordinate payment between the insurance company or companies and the Employer any and all premiums as and when such premiums become due; h. To be the policyholder and owner of any. contracts of insurance purchased under the Plan; and shall have. the power to exercise any and all rights and perform any and all obligations as policyholder and owner thereunder; 16 i. To perform any and all other acts necessary or appropriate for the proper management and administration of the Plan.. 7.3 Actions of the Employer. All determinations, interpretations, rules and decisions of the Employer shall be conclusive and binding upon all persons. having or claiming to have any interest or right under the Plan. 7.4 Delegation. The Employer shall have the power to delegate specific duties and responsibilities to officers or other employees of the Employer or other individuals or entities. Any delegation by the Employer may allow further delegations by the individual or entity to whom the delegation is made. Any delegation maybe rescinded by the Employer at any time. Each person or entity to whom a duty or responsibility has been delegated shall be responsible for the exercise of such duty or responsibility and shall-not be responsible for any act or failure to act of any other person or entity. 7.5 Reports and Records. The Employer and those to whom the Employer has delegated duties under the Plan shall keep records of all their proceedings and actions. and shall maintain books of account, records, and other data as shall be necessary for the proper administration of the Plan for compliance with applicable law. 7.6 Indemnification. The Employer shall indemnify all off.~cers and Employees of the Employer assigned fiduciary responsibility under federal law to the extent that such officers or Participants incur loss or damage which may result from such officers' or Participants' duties, exercise of discretion under the Plan, or any other act or omission hereunder. 7.7 Claims Procedure. The Employer shall make all determinations as to the right of any person to a benefit under this Plan.. The Employer shall notify a Participant in writing within ninety (90) days of Participant's written application for benefits of Participant's eligibility or non-eligibility for benefits under the Plan. If the Employer determines that a Participant is not eligible for benefits or full benefits, the notice shall set forth: a. the specific reasons for such denial, b. a specific reference to the provision of the Plan on which the denial is based, c. a description of any additional information or material necessary for the claimant to perfect Participant's claim, and a description of why it is needed, and d. an explanation of the Plan's claims review procedure and other appropriate information as to the steps to be taken if the Participant wishes to have the claim reviewed. If the Employer determines that there are special circumstances requiring additional time to make a decision, the Employer shall notify the Participant of the special 17 circumstances and the date by which a decision is expected to be made, and may extend the time for up to an additional ninety-day period. If a Participant is determined by the Employer to be not eligible for benefits, or if the Participant believes that he/she is entitled to greater or different benefits, Participant shall have the opportunity to have the claim reviewed by the Employer by filing a petition for review with the Employer within sixty (60) days after receipt by Participant of the notice issued by the Employer. Said petition shall state the specific reasons the Participant believes he/she is entitled to benefits or greater or different benefits. Within sixty (60)-days after receipt by the Employer of said petition, the Employer shall afford the Participant (and Participant's counsel, if any) an opportunity to present Participant's position to the Employer orally or in writing, and said Participant (or Participant's counsel) shall have the right to review the pertinent documents. The Employer shall notify the Participant of its decision in writing within said sixty-day period, stating specifically the basis of said decision written in a manner calculated to be understood by the Participant and the specific provisions of the Plan on which the decision is based. If, because of the need -for a hearing, the sixty-day period is not sufficient, the decision maybe deferred for up to another sixty-day period at the election of the Employer, but notice of this deferral shall be given to the Participant. In the event of the death of a Participant, the same procedure shall be applicable to Participant' s beneficiaries. 18 ARTICLE VIII Amendments and Termination 8.1 Amendments. The Employer may amend the Plan, in full or in part, at any time and from time to time. Any such amendment shall be filed with the Plan documents. a. No amendment shall deprive any Participant or beneficiary of a deceased Participant of any of the benefits to which he or she is entitled under this Plan with respect to contributions previously made; b. No amendment shall provide for the use of funds or assets held to provide benefits. under this Plan other than for the benefit of Participants and their beneficiaries, except as maybe specifically authorized by statute or regulation. Each amendment shall be approved by resolution of the City Administrator. 8.2 Changes in Third Party Benefits. In the case of any benefit provided pursuant to an insurance policy or other contract with a third party, the Employer may amend the Plan by changing insurers, policies, or contracts without changing the language of this Plan document, provided that copies of the contracts or policies are filed with the Plan documents and the Participants are informed as to the effects of any such changes. 8.3 Termination of Plan.. The Employer expects this Plan to be permanent but necessarily must, and hereby does, reserve the right to terminate the Plan at any time. In the event of a Plan termination, Employer contributions and salary reductions will cease. Thereafter, neither the Employer nor any of its Employees shall have any further financial obligations hereunder .except such that have accrued up to the date of termination and have not been satisfied. 19 ARTICLE IX Miscellaneous 9.1 No Guaranty of Employment. The adoption and maintenance of the Plan shall not be deemed to be a contract of employment between the Employer and any Employee. Nothing contained herein shall give any Employee the right to be retained in the employ of the Employer or to interfere with the right of the Employer to discharge any Employee at any time, nor shall it give the Employer the right to require .any Employee to remain in its employ or to interfere with the Employee's right to terminate his or her employment at any time. 9.2 Limitation on Liability. The Employer does not guarantee benefits payable under any insurance policy or other similar contract described or referred to herein, and any benefits thereunder shall be the exclusive responsibility of the insurer or other entity that is required to provide such benefits under such policy or contract. 9.3 Third Party Agreements. In the case of any benefit provided through a third party, such as an insurance company or employee trust, pursuant to a contract orpolicy with such third party, if there is any conflict or inconsistency between the description of benefits contained in this Plan and those contained in such contract orpolicy, the terms of such contract orpolicy shall control. 9.4 Non-Alienation. No benefit payable at any time under this Plan shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment or encumbrance of any kind. 9.5 Facility of Payment: Whenever, in the Employer's opinion, a person .entitled to receive any payment of a benefit or installment thereof under this Plan, is under a legal disability or is incapacitated in any way so as to be unable to manage that person's financial affairs, the Employer may make payments to such person or to the person's legal representative or to a relative or friend of such person for such person's benefit, or the Employer may apply the benefit for the benefit of such person in such manner as the Employer considers advisable. Any payment of a benefit or installment thereof in accordance with the provisions of this Section shall be a complete discharge of any liability for the making of such payment under the provisions of the Plan. 9.6 Rights. to Employer's Assets.. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under this Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. All payments of benefits as provided for in this Plan shall be made solely out of the assets of the Employer and the Employer shall not be liable therefore in any manner. 20 9.7 Severability of Provisions. If any provision of this Plan shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and this Plan shall be construed and enforced as if such provisions had not been included. 9.8 Binding Effect. This Plan shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties, including each Participant and beneficiary, present and future. 9.9 Headings and Captions. The headings and captions herein are provided for reference and convenience only, shall not be considered part of the Plan, and shall not be employed in the construction of the Plan. 9.10 Gender and Number. Except where otherwise clearly indicated by context, the masculine and the neuter shall include the feminine and the neuter, the singular. shall include the plural, and vice-versa. 9.11 Other Salary-Related Plans. It is intended that any other salary related employee benefit plans that are maintained or sponsored by the Employer shall not be affected by this Plan. Any contributions or benefits under such other plans with respect to a Participant shall, to the extent permitted by law, be based on Participant's total compensation from the Employer, including any amounts by which Participant's salary maybe reduced pursuant to the provisions of Article V. IN WITNESS WHEREOF, the duly authorized officers hereunto set their hands and seal of the Employer this CITY OF BLAIR By: (ATTEST): By: Secretary (SEAL) day of 21 EXHIBIT A CITY OF BLAIR INSURANCE/SELF-FUNDED PLAN BENEFITS The fallowing insurance/self-fimded benefits will: be available for purchase by the Participants of the City of Blair FLEX-CHOICE Plan: The portion of the insurance premium and/or cost ofself-funded benefits that the Participant is required to contribute for coverage under the following plans: (a) 1Vledical coverage... Ta the extent applicable, these benefits are subject`to the terms and conditions of the ~'~, underlying contracts.and/or self-funded plan documents providing the benefits. To the ,i extent necessary to comply with Internal Revenue Code Section 125 and the applicable. re 'ons said. insurance contracts a~n ors if funded lan documents are hereb dl. e man p Y incorporated herein byahis reference. Employer shall account for each Participant`s interest in the Plana Each Participant`s interest'shall be increased by Participant's voluntary salary reduction contributions for cost of coverages under this Exhibit A: Such interest sha11 be reduced by amounts paid to insurance carriers for insurance premiums or to Employer for self-fimcled benefit costs on behalf of Participant under the FLEX.-CHOICE Plan. N'o other use of contributions to this Plan shall be permitted. i 22 EXI~BIT B CITY OF BLAIIt MEDICAL CARE EXPENSE REIMBURSEMENT PLAN The Plan and Plan Sponsor On January 1, 1992, City of Blair, ("Employer"), established a Plan known as the City of Blair Medical Care Expense Reimbursement Plan (the "Plan"). This Plan is known as a "medical. caze assistance" plan and qualifies under Section 105(h) of the Internal Revenue Code. Plan Year A twelve-month period commencing January 1 and ending December 31 of each year. Participation Any Employee eligible to participate in the City of Blair FLEX-CHOICE Plan is eligible to participate hereunder. Enrollment and benefit elections under this Plan must be made in writing and a new election must be made prior to the start of Plan Year. Any benefit election under this Plan is irrevocable and cannot be changed except in the case of change in family status. Medical Care Expense Account Employer shall establish for each Participant a Medical Care Reimbursement Account ("Account") for each Plan Yeaz with an initial balance equal to the total Benefit Dollars allocated by the Participant for that elected benefit for that Plan Year. An annual statement of Account will be provided to each Participant. The Account shall be reduced by the amount of any benefits paid to or on behalf of a Participant under this Plan. Contributions A Participant's Account shall be increased by voluntary salary reduction contributions to be made by Participant in an amount not less than $130 and not to exceed $1,500 per Plan Year. Participant must specifically elect to apply these funds toward medical caze expenses. 23 Forfeiture Any balance remaining in Participant's Account at the end of a Plan Year will be forfeited to :Employer. Benefits A Participant may receive reimbursement from Employer for any expense which meets the criteria. as a medical care expense under the Internal Revenue, Code, Sections 213 and 105(b), to the extent allocated by the Participant for the Account. However, no reimbursement shall be paid under this Plan to the extent that: (a) an expense has been submitted for reimbursement as a dependent care expense under the Dependent Care Expense Reimbursement Plan;. or, (b) such reimbursement or payment is covered under any insurance policy or policies, whether paid for by the Employer or the Participant, or under any other health and accident plan by whomever maintained. In the event that there is such a policy or plan in effect providing for such reimbursement or payment, in whole or in part, then to the extent of the coverage under such policy or plan, the Employer shall. be relieved of any liability hereunder; or, (c) an expense is for individual health insurance premiums or spouse's group health insurance premiums. The expenses must be incurred for services rendered after the effective date of the election and during the Plan Year. If a Participant ceases to be an Employee of Employer or dies prior to the end of a Plan Year, Participant or Participant's beneficiary shall be entitled to continue receiving benefits hereunder for the balance of the Plan Year to the extent the expenses are incurred during a month in which a contribution is made. Claims Employer will make all determinations as to the right of any person to a benefit under this Plan. -Any denial of a claim for benefits shall be by written notice delivered or mailed to the Participant, setting forth the reasons .for the denial. Employer will afford a reasonable opportunity for a review of the decisions denying the claim to any Participant whose claim for benefits has been denied. Administration The Plan shall be administered by Employer, who shall have all the powers necessary to administer the Plan. 25 Amend/Terminate Employer may amend the Plan in full or in part at any time. Employer also reserves the right to terminate. the Plan at any time. Continuation Coverage Participant will be entitled to applicable continuation coverage pursuant to the continuation of coverage requirements of Title I of ERISA and Internal Revenue Code .Section 4980B. Miscellaneous For purposes of the Internal Revenue Code, this document shall constitute a separate written Plan providing for the reimbursement of medical care expenses. To the extent necessary, other provisions of the City of Blair FLEX-CHOICE Plan are incorporated herein by this reference. 26 EJ~IT C CITY OF BLAIR DEPENDENT CARE EXPENSE REIMBURSEMENT PLAN The Plan and Plan Sponsor On January 1, 1992, City of Blair ("Employer"), established a Plan known as the City of Blair. Dependent Care Expense Reimbursement Plan (the "Plan"). This Plan is known as a "dependent care assistance" plan and qualifies under Section 129 of the Internal Revenue Code. Plan Year A twelve-month period commencing January 1 and ending December 31 of each year. Participation Any Employee eligible to participate in the City of Blair FLEX-CHOICE Plan is eligible to participate hereunder. Enrollment and benefit elections under this Plan must be made in writing and a new election must be made prior to the start of Plan Year. Any benefit election under this Plan is irrevocable and cannot be changed except in the case of change in family status. Dependent Care Expense Account Employer shall establish for each Participant a Dependent Care Reimbursement Account ("Account") for each Plan Year with an initial balance of zero. An annual statement of Account will be provided to each Participant. The Account shall be reduced by the amount of any benefits paid to or on behalf of a Participant under this Plan. Contributions A Participant's Account shall be increased by voluntary salary reduction contributions to be made by Participant and/or Employer contributions. in an amount not to exceed the lesser of the Participant's earned income (exclusive of salary reductions for any benefits); the spouse's earned income; $5,000 annually or $2,500 annually for a Participant who is 27 Forfeiture Any balance remaining in Participant°s Account at the end of a Plan Year will be forfeited to Employer. Benefits A Participant may receive reimbursement from Employer for any expense which meets the criteria as an employment related dependent care expense under the Internal Revenue Code, Section 129, to the extent that there are allocated funds in the Account for such use by the Participant. However, no reimbursement shall be paid under this Plan to the extent that an expense has been submitted for reimbursement as a medical care expense under the Medical Care Expense Reimbursement Plan. The expenses. must be incurred for services rendered after the effective date of the election and during the Plan Year. If a Participant ceases to be an Employee of Employer or dies prior to the end of a Plan Year, Participant or Participant's beneficiary shall be entitled to continue receiving benefits hereunder for the balance of the Plan Year to the extent of the amount remaining. in Participant's account on the date of termination or death. Limitations No more than 25% of the total paid Benefit pursuant to this Plan maybe provided to the group of individuals who own 5% or more of the stock of the Employer. In addition, the average benefits provided under this Plan to non-highly compensated Employees must be at least 55% of the average benefits provided to highly compensated Employees. For purposes of the test for the preceding sentence, any Employee whose compensation is less than $25,000 maybe disregarded. Claims Employer will make all' determinations as to the right of any person to a benefit under this Plan. Any-denial of a claim for benefits shall be by written notice delivered or mailed to the Participant, setting forth the reasons for the denial. Employer will. afford a reasonable opportunity for a review of the decisions denying the claim to any Participant whose claim for benefits has been denied. Administration The Plan shall be administered by Employer, who shall have all the powers necessary to administer the Plan. Amend/Terminate 29 t ~ ~ 1r RESOLUTION N0.2b01- 4 4 , COUNCIL MEMBER sxoTwELL T~ITRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-21.7 a~the Municipal Code o£tbe City of Blair, provides that the governing body xnay by resolution provide fax the placing of stop sigtas ar ether signs for the purpose of stopping oz ,regulatiuag traii5e on any street or alley witl~.izt the Mutzieipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CZTX COUNCIL OF THE CITY OF BL,AIR, NEBRASKA, that a stop sign shall be placed on the east side of the intersection of Wilbur Street az~d Thirteenth Street (U.S. Highway 75) for the purpose of stopping westbQUnd traffic fZazn Wilbur Street onto Thirteenth Street (U.S. Highway 75). BE IT FURTHER RESO~,VED BX 'FHE MAYOR ,AND CZ'I'Y COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution it sha11 be unlawful for any person to fail, neglect or refuse to comply with ax~y such stop sigu.. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE AAOPTE,D AS READ, WHICH SAID MQTZON' W,AS SECONDED BY COU~TC~, MEMBER WOLFF .UPON ROLL CALT,, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, WOLLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIT. MEMBERS NONE VOTING "NAX", THE MAYOR DECLARED THE FOREGOING RESOLUTION 1?.ASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2001. CITY OF GLAIR, NEBRASKA, ~. I HAEL A. , MAYOR 4 F ' ~ r rv_ ATTEST: BRENDA R.. TAYLO ITY CLEF ~S~-) STATE OF NEBRASKA ~ :SS: WASHINGTON COUNTY BRENDA R. TAXLOR, hereby ceztifies that she is the duly appointed, qualif ed ar~d acting City Clerk 4f the City off' Blau, Nebraska, and that the ab~t~ve and ~o~regoing Res(~,lution was Passed axad adopted at a regular meeting of the 1V.iayor and City Council of said City, head an the 11th day of December, 2001. ~~~`,~Z BRENDA R. TAXLOR, CLERK