Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2002
2002 RESOLUTIONS 1. Designate Blighted and Substandard Area 4787 2. Support Head Start Child Care program for Goldenrod Hills Community 4789 Action Committee 3. FAILED — purchase of old Safeway building at 17 & Lincoln in reference 4801 new police station 4. Easement for place of mailbox structure in Pinewood Estates 4801 5. Terms and provisions for operation of Blair swimming pool for 2002 season 4802 6. Amendments to Police and Civilian Pension Plans 4802 7. Prohibit regulating or prohibiting parking on designated street or parts of - 4804 streets within the City of Blair. 8. Accepting State of Nebraska Dept. of Roads agreement for resurfacing 4809 of Highway 91, 20 to 25 Street. 9. Approving 2002 One and Six Year Plan 4809 10. Requesting installation of a pedestrian crossing signal at the intersection of 4809 Wilbur Street and Highway 75 in the City of Blair by the Dept. of Roads 11. Authorizing a Special Election for May 14, 2002 for ballot issue regarding 4811 purchase of building at 17 & Lincoln or construction of a new building at a site to be determined at a later date 12. Approve the Redevelopment Plan 4812 13. Approve Sidewalk Repair Policy 4815 14. Agreement with State of Nebraska Department of Road for Deerfield -Lions 4817 Bike Trail 15. Agreement with Union Pacific Railroad for storm sewer pipe on the 10 Street 4818 Widening Project 16. Setting date for Board of Equalization for SID 178 — 10 Street Gap Paving 4819 17. Approve Purchase Option with HRMP, Inc. for real estate at 17 & Lincoln 4819 18. Agreement with Youth Sports Complex for maintenance of Veteran's Field 4823 Zimmerman Field and Youth Sports Complex Facility 19. Assess lots in Street Improvement District 178 4825 20. Endorsing Transportation Improvements for the City of Blair and the enactment by the Nebraska Unicameral of a new state wide comprehensive transportation program 4826 21. CDBG Grant fund for sidewalk improvements in Redevelopment area 4829 22. Application for NDOR for bridge replacement on 10 Street 4832 23. Correcting front footage on Deerfield 1 Replat 4834 24. Authorization to submit application to NDOR for Phase II of Master Trail Plan 4837 Black Elk Neihardt Park 25. Granting Mayor authority to exercise option for purchase of old Safeway Bldg. 4838 26. No parking on both sides of the street for temporary detour on 12 Street and 4845 Jackson, Park, Nebraska and States Streets 27. Creating Gap Paving Project No. 180 4850 28. Approve agreement with the State of Nebraska Department or Roads for 4853 the bridge on North 10 Street. 29. Approve a Dog Impoundment Agreement with City of Fort Calhoun 4854 30. Approve a Dog Impoundment Agreement with Village of Washington 4854 31. Setting date for Board of Equalization for Deerfield First - Phase 1 4858 32. Setting date for Board of Equalization for 10 & Wilbur Streets 4858 33. Resetting date for Board of Equalization for Deerfield First — Phase 1 4861 34. Resetting date for Board of Equalization for 10 & Wilbur Streets 4861 35. Approving amendments to the Civilian and Police Pension Plans 4862 36. Levying Assessments in SID 179, Sanitary Sewer 58, Water Extension 39 4868 37. Levying Assessment in SID 177, Sanitary Sewer 47, Water Extension 38 4868 38. Authorizing application to Nebraska Game and Park Commission for new 4869 basketball hoops and court at Lions Park 39. Placing question on November Ballot to increase sales tax by % percent 4870 40. Approving levy request of the Blair Airport Authority 4871 41. Setting levy for the City of Blair and Blair Airport Authority 4873 42. Dedicating strips of real estate as part of 24 Street in order to widen the right 4876 of way for 24 Street 43. Authorization to submit a grant application to the Transportation Committee 4876 for segments of Dana/Black Elk Neihardt Trail 44. Prohibiting trucks weighing in excess of 10,000 pounds from traveling on Grant 4877 Street between 9 and 13 Street 45. Accepting Notice of Deferral of Special Assessments for Wanda Miller — 10 4880 and Wilbur Streets. 46. Accepting Interlocal Agreements with the State of Nebraska regarding a 4888 a statewide communication system. 47. Approving renewal of Annual Maintenance Agreement No. 6 with State of 4893 Nebraska Department of Roads. 48. Stop Signs in Deerfield — Voss Drive & Crestridge Drive- FAILED 4900 49. Stop Signs in Deerfield — Crestridge Drive & Deerfield Boulevard 4900 50. Stop Signs at 12 & Lincoln Streets and 12 and Grant Streets 4901 51. Calling 1997 Bonds to be refinanced with Deerfield First Addition Phase 1, 4901 10 & Wilbur Streets and 10 Street between Washington and Lincoln Streets 52. Designating depositories for city funds and authorized check signers for the City 4906 53. Approving an amendment to the 2002 One and Six Year Plan 4907 54. Approving purchase of lots 37 -49 in Ridgeview Estates to Excel Health Services 4908 . IL 1 Ili ail CITY OF BLAIR, NEBRASKA RESOLUTION NO. 2002-1 A RESOLUTION BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DECLARING PORTIONS OF THE CITY OF BLAIR TO BE BLIGHTED AND SUBSTANDARD KNOW ALL MEN BY THESE PRESENTS: WHEREAS, it is desirable and in the public interest that the City of Blair, Nebraska, a municipal corporation, undertake and carry out redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, Chapter 18, Article 21, Nebraska Reissue Revised Statute of 1943, as amended known as the Community Development Law, prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, Neb. Rev. Stat. Section 18 -2109, as amended, requires that, prior to the preparation by the community development agency of a City of a redevelopment plan for a redevelopment project, the Mayor and City Council as governing body of the City, by resolution, shall find and determine that the area is a substandard and blighted area in need of redevelopment as defined in said Community Development Law; and WHEREAS, on January 8, 2002, at 7:00 p.m., a Meeting of the Mayor and City Council of the City of Blair, Nebraska, was held at the meeting room in the offices of the City of Blair in order to conduct a Public Hearing to determine whether certain areas of the City should be declared to be substandard and blighted and in need of redevelopment, as defined in and pursuant to the Community Development Law; and WHEREAS, a Notice of Public Hearing was published in the Enterprise, a legal newspaper published in Blair, Nebraska, on December 21, 2001, and December 28, 2001, which was at least ten (10) days prior to the time of the public hearing, which Notice of Public Hearing described the time, date, place, and purpose of the hearing and specifically identified the area to be considered as substandard and blighted and in need of redevelopment; and WHEREAS, on December 22, 2001, which date was at least ten (10) days prior to the Public Hearing, the City mailed notice of the Public Hearing by certified United States Mail, postage prepaid, to all registered neighborhood associations whose area of representation is located in whole or in part within a one -mile radius of the area to be redeveloped and to the President or Chairperson of the governing body of each county, school district, community college, educational service unit, and . natural resources district in which the real property to be affected by such determination, which notice set out the time, date, place, and purpose of the Public Hearing and included a map of sufficient size to show the area to be affected; and WHEREAS, at such Meeting the Public Hearing was conducted, and all interested parties were afforded a reasonable opportunity to express their views respecting the designation of such area as substandard and blighted and in need of redevelopment, and the Mayor and City Council reviewed and discussed a Blight and Substandard Determination Study previously prepared by Hanna:Keelan Associates, P.C.; and WHEREAS, the Mayor and City Council submitted the question of whether the area in question is substandard and blighted and in need of redevelopment to the Planning Commission of the City of Blair for its review and recommendation prior to the Meeting and the Public Hearing on January 8, 2002, and the Mayor and City Council reviewed and discussed recommendations received from the Planning Commission; and WHEREAS, the Mayor and City Council desire to determine whether the specific area is substandard and blighted and in need of redevelopment in accordance with the Nebraska Community Development Law. NOW, THEREFORE, BE IT RESOLVED, by the City of Blair, Washington County, Nebraska, that the following area located in the City of Blair, Washington County, Nebraska, more particularly described as follows, to -wit: Beginning at a point on the west boundary line of Twenty -fourth Street at the north/south mid point line of the east line of Block 18, Dexter's Addition; thence east through the north/south center line of Blocks 15, 16, and 17, Dexters Addition and through the north/south center line of Larsen Fourth Addition and the north/south center line of Lot 2, Block 14, Neff s Second Addition to a point on the west line of Twentieth Street; thence north along the west line of Twentieth Street to the northeast corner of the intersection of Wright Street and Twentieth Street; thence east on the north line of Wright Street and due east across Nineteenth Street to a point on the east line of Nineteenth Street; thence south/southeast along the east line of Nineteenth Street to the northwest corner of Block 19, Dexter's Second Addition; thence east on the north line of said Block 19, Dexters Second Addition, to the east/west mid point of said north line of said Block; thence south to the center point of Block 19, Dexters Second Addition; thence east along the north/south center line of Block 19, Dexters Second Addition and due east across Eighteenth Street to the northeast comer of Tax Lot 357; thence due north to a point on the west line of the Chicago Northwestern Railroad right -of -way; thence due east across the Chicago Northwestern Railroad right -of -way, east along the north line of Tax Lot 330 and due east across Seventeenth Street to the northwest comer of Block 94, Fifth Addition to the City of Blair; thence south along the west line of Block 94, to the north/south center line of said Block; thence east through the center line of Blocks 94and 93, Fifth Addition, and due east across Fourteenth Street to a point on the east line of Fourteenth Street at the north/south center point of the west line of Block 92, Fifth Addition; thence south to the northeast corner of the intersection of Fourteenth Street and Park Street; thence east to the northwest comer of the intersection of Thirteenth Street and Park Street; thence north to the north/south mid point on the east line of Block 92, Fifth Addition; thence due east across Thirteenth Street and through the north/south center line of Blocks 91, 90, and 89, Fifth Addition; 2 thence due east across Tenth Street to a point on the east line of Tenth Street; thence south along the east line of Tenth Street to the northeast comer of the intersection of Tenth Street and Iowa Street; thence east along the north line of Iowa Street to the point where said north line intersects with the right -of -way of the Chicago Northwestern Railroad; thence south/southeast to the southeast comer of the intersection of Fourth Street and new U.S. Highway 30; thence south along the east line of Fourth Street and due south across Grant Street to a point on the south line of Grant Street; thence west along the south line of Grant Street to the northeast comer of Tax Lot 199; thence south/southeast along the east lines of Tax Lot 199 and Tax Lot 198 to the east line of Tax Lot 198; thence south along the east line of Tax Lot 198 to the southeast comer of Tax Lot 198; thence west along the south line of Tax Lot 198 to the intersection of the east line of the Chicago and Northwestern Railroad right -of -way and the south line of Tax Lot 198; thence due north to a point on the south line of Grant Street; thence west along the south line of Grant Street to the southeast comer of the intersection of Grant Street and Ninth Street; thence due south to a point on the east line of the Chicago Northwestern Railroad right -of -way; thence south/southeast along the east line of the Chicago Northwestern Railroad right -of -way to the intersection of the Chicago Northwestern Railroad right -of -way and the southwest comer of Tax Lot 198; thence due west across the Chicago Northwestern Railroad right -of -way to a point on the west line of the Chicago Northwestern Railroad right -of -way; thence south/southeast along the west line of the Chicago Northwestern Railroad right -of -way to the northeast comer of Tax Lot 175; thence west along the north line of Tax Lot 175 to the northwest corner of Tax Lot 175; thence south along the west lines of Tax Lot 175, Tax Lot 22, Tax Lot 225 and Tax Lot 226, and due south across U.S. Highway 75 /Calhoun Boulevard to a point on the south line of U.S. Highway 75 /Calhoun Boulevard; thence north/northwest along the west line of U.S. Highway 75 to the southeast comer of Block 111, Eighth Addition; thence west along the south lines of Block 111, Eighth Addition, Horbach's Addition, due west across Sixteenth Street, west along the south line of Hugley's Addition and Block 112, Eighth Addition, due west across Seventeenth Street and along the south line of Beaty's Addition and Block 113, Ninth Addition, to the southwest corner of Lot 113, Ninth Addition; thence north along the west line of Block 113, Ninth Addition, to the southeast comer of Rhoades Park; thence due west along the south line of Rhoades Park, due west across U.S. Highway 30 and west along the south line of Davis Street to the southwest intersection of Davis Street and Twenty -first Street; thence due north across Davis Street and north along the east line of Block 2, McMenemey's Second Addition to the northwest corner of South Street and Twenty -first Street; thence west along the south line of T. M. Carter's Addition to the southwest comer of Lot 16, Block 2, T. M. Carter's Addition; thence north along the west line of said Lot 16, across the alley, and north along the west line of Lot 1, Block 2, T. M. Carter's Addition to a point on the south line of Colfax Street; thence due north across Colfax Street and along the west line of Tax Lot 557 and the west line of Tax Lot 467 to a point on the south line of Grant Street; thence due north across Grant Street to a point on the south line of Block 101, Original Town; thence east along the south line of Block 101, Original Town, to the northwest corner of the intersection of Twenty -first Street and Grant Street; thence north along the west line of Twenty -first Street to the southwest comer of the intersection of Washington Street and Twenty -first Street; thence west along the south line of Washington Street to the southwest corner of the intersection of Washington Street and Fontanelle Boulevard; thence north/northwest along the west line of Fontanelle Boulevard to a point on the west line of Fontanelle Boulevard which is due south of the east line of Tax Lot 247; thence due north across Fontanelle Boulevard and along the east line of Tax Lot 247 and across the Chicago Northwestern Railroad right -of -way to a point on the north line of the Chicago Northwestern Railroad right -of -way; thence east along the north line of the Chicago Northwestern Railroad right -of -way to the southeast comer of Lot 2, Block 6, Dexters Addition; thence north along the east line of said Block 2, Lot 6, to the southwest comer of the intersection of Twenty - fourth Street and Nebraska Street; thence north along the west line of Twenty -fourth Street to the point of beginning. is hereby declared to be a substandard area in need of redevelopment pursuant to the Community Development Law, in that conditions which now exist in said area meet the criteria set forth in Neb. Rev. Stat. § 18- 2103(10) as described and set forth in the Blight and Substandard Determination Study received by the City; and BE IT FURTHER RESOLVED that the above described area is hereby declared to be a blighted area in need of redevelopment pursuant to the Community Development Law, in that conditions which now exist in said area which meet one or more of the factors set forth in Neb. Rev. Stat § 18- 2103(11)(a) and at least one of the factors set forth in (i) through (iv) of Neb. Rev. Stat § 18- 2103(11)(b) as described and set forth in the Blight and Substandard Determination Study received by the City; and BE IT FURTHER RESOLVED that such substandard and blighted condition is beyond the remedy and control solely be regulatory process and the exercise of police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by the Community Development Law, and the elimination of said substandard and blighted condition under the authority of the Community Development Law is hereby found to be a public purpose and declared to be in the public interest; and BE IT FURTHER RESOLVED that it is hereby found and determined that such substandard and blighted area is in need of redevelopment and is an eligible site for a redevelopment project under the provisions of the Community Development Law. This Resolution shall be published and shall take effect as provided by law. DATED this 8th day of January, 2002. 4 CERTIFICATE 5 CITY OF BLAIR, NEBRASKA ATTEST: kW/ Lee— ,ee-5/ City Clerk U Mayor The undersigned hereby certifies that upon Motion duly made and seconded, the above and foregoing Resolution was adopted by roll call vote of the City Council of Blair at its regular meeting on the 8 day of January, 2002. Upon roll call vote the Council members voted as follows: For Against Absent/Abstain James Realph X David Waite X T. John Shotwell X John Abbott x Tammy McManigal _ Frank Wolff _x Mike Biffar X Gary Fanoele 6 eAdLCit, City Clerk U COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council for the City of Blair, Nebraska, deem it in the public interest to support the application of the Goldenrod Hills Community Action Committee for grant money for a Head Start Child Care program in the City of Blair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Council for the City of Blair, Nebraska do hereby support the grant application submitted by the Goldenrod Hills Community Action Committee for funds to be used for a Head Start Child care program in the City of Blair, Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WAITE. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 8 DAY OF JANUARY, 2002. ATTE . T: B ' NDA R. TAYLOR/Q`ITY CLERK (SEAL) RESOLUTION NO. 2002 - 2 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at the regular meeting of the Mayor and City Council of said City, held on the 8 day of January, 2002 BREWDA R. TAYLOR, CIT CLERK THIS RESOLUTION FAILED 4 TO 3 RESOLUTION NO. 2002 - 3 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, over the last three years, a joint committee comprised of the members of the Blair City Council and the Washington County Board of Supervisors undertook a study of the current law enforcement center. WHEREAS, the joint City /County Committee had a professional space needs study performed and the results of such study established that the current Washington County Law Enforcement Center, built in approximately 1978, was too small to provide for efficient law enforcement needs for the Blair Police Department and the Washington County Sheriff's Department. WHEREAS, the joint City /County Committee undertook a study to determine the cost of expanding the current Washington County Law Enforcement Center to accommodate the needs of both the Blair Police Department and the Washington County SherfFs Department and that such cost was approximately 3.3 million dollars. WHEREAS, the Police Committee for the City of Blair also studied the cost and efficiency of relocating the Blair Police Department outside of the existing joint City /County law enforcement facility. WHEREAS, the Blair Police Committee reviewed and studied several different sites and that the Police Committee determined that, of all the alternatives, the building and lots located at the northwest comer of 17 and Lincoln Street (the "HRMP Building ") is the most suitable parcel when combining cost effectiveness with the efficiency of the completed building. WHEREAS, the HRMP Building saves approximately $500,000.00 in tax funds when compared to the next best option and provides the needed law enforcement space and also provides approximately 12,000 square feet of parking for the public. WHEREAS, the Blair Police Committee recommends that the City finance the project through the issuance of public safety bonds, and that the City can retire said bonds through general obligation taxes or other sources of tax revenue which may become available in the future. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor be and hereby is authorized to execute and deliver the purchase agreement which is attached hereto, marked Exhibit "A ", for the purchase of the real estate and improvements located at the intersection of 17 and Lincoln Street. BE IT FURTHER RESOLVED THAT, HGM and Associates are hereby authorized to prepare plans and specifications for the remodeling of the improvements located at 17 and Lincoln Street for office space for the Blair Police Department. 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 ABBOTT, WOLFF AND REALPH VOTING "AYE" AND COUNCIL MEMBERS BIFFAR, MCMANIGAL, SHOTWELL, FANOELE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION FAILED ON 12 DAY OF FEBRUARY, 2002. ATTEST: BRENDA R TAYLOR, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of February, 2002. BRENDA R TAYLOR, CITY CLERK COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the owners of Lots 1, 2, 3, 4, 5,, 6, and 7, Pinewood Estates, an Addition to the City of Blair, Nebraska, has submitted a request for a Right of Way Easement for the construction of a brick and concrete structure in which seven (7) U. S. Post Office boxes will be contained for the owners of said lots on street right of way owned by the City of Blair, Nebraska. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Right -of Way Easement which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and approved by the City of Blair, Nebraska. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BWF'AR. VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12 DAY OF FEBRUARY, 2002. ATTEST: / BRENDA IL_ TAYLOR,/¢ITY CLERK (SEAL) RESOLUTION NO. 2002 - 4 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of February, 2002. -2- /WA BRENDA R. TAYLOR, CLERK Recorded General Numerical Photostat __......_ Romeo 166 EASEMENT . This Agreement made this 0CP day of February, 2002, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor", and Joseph J. Foral and Kimberly Foral, husband and wife, Donald P. Grace and Jackie Grace, husband and wife, William C. Anderson and Elizabeth L. Anderson, husband and wife, Roger E. Howland and Linda Howland, husband and wife, John Eriksen and Peggy Eriksen, husband and wife Mark Lippincott and Kristi Lippincott, husband and wife, Robert E. Coffey and Reva K. Coffey, husband and wife, hereinafter referred to as "Grantees ". In consideration of One Dollar and other mutual covenants contained herein the Grantor does cp hereby grant to the Grantee a right of way easement on the following described real estate: r -- n r te rn Cil A strip of land Thirteen feet (13') long by Two feet (2') wide along the western right of way of the cut de sac located on the northern- most end of Pinewood Drive in the City of Blair, Washington County, Nebraska with the exact location to be as specified by the City Administrator for the City of Blair, Nebraska, c ur iuttsr COUNTY OF WASHINGTON)SS aooailo, ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD THIS 1 DAY OF c-‘oi)n)-1., k A.D. 20U.. AT1:.1,_.0'CLOCK, fl M AND RECORDED IN BOOK -. ---AT PAGE .166 - 173, COUNTY CLERK �'a•, �� a�-- s ,,,� a DEPUTY for the sole purpose of construction of a brick and concrete structure in which seven (7) U.S. Post Office mail boxes will be located for the owners of Lots 1, 2, 3, 4, 5, 6 and 7 in Pinewood Estates, an Addition to the City of Blair, Washington County, Nebraska. The design and location of such structure shall be authorized in writing by issuance of a building permit prior to construction. This 'easement shall continue until such time as Grantor desires to terminate same. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantees by regular Unites States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall remove at Grantee's cost the structure, and any permanent hard surfacing constructed as the foundation for such structure. It is specifically understood and agree that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantees, jointly and severally, further agree to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the construction, maintenance and the placement' of such improvements on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable 166 E rn 0 • cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage .structures, ditches, roadways, or any other municipal property as a result of the construction of such structure and the Grantees shall further be liable to the municipality of any attorney fees, expenses, or other expenses incurred in recovery of such damages. Grantees agree and understands that this easement is subject to any public or private easements for utilities, and furthermore should Grantor or any other entities having utilities on such right of way, and said entities need to relocate any of their utilities or streets, Grantees shall, at the request of Grantor, or any other entity having utilities on such right of way, remove all or any portion of the structure or any hard surfacing underneath the structure at Grantees sole expense. CITY OF BLAIR, NEBRASKA, A Municipal Corporation By MICHAEL Joseph J. Foral Kimberly Foral Roger E. Howland Linda Howland John eggy en MINES, Mayor Kimberly Foral C %Y -2- 16 167 Joseph J. Foral Donald P. Grace Jackie Grace Mark Lippincott Kristi Lippincott Robert E. Coffey Reva K. Coffey cost of defense of any such claims Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as a result ofthe construction of such structure and the Grantees shall further be liable to the municipality of any attorney fees, expenses, or other expenses incurred in recovery of such damages Grantees agree and understands that this easement is subject to any public or private easements for utilities, and furthermore should Grantor or any other entities having utilities on such right of way, and said entities need to relocate any of their utilities or streets, Grantees shall, at the request of Grantor, or any other entity having utilities on such right of way, remove all or any portion of the structure or any hard surfacing underneath the structure at Grantees sole expense. CITY OF BLA1R, NEBRASKA, A Municipal Corporation oseph For - Roger E. Howland Linda Howland John E. Eriksen Peggy Eriksen 168 -2- 168 Joseph J. Foral Kimberly Foral Donald P. Grace Jackie Grace Mark Lippincott Kristi Lippincott Robert E. Coffey Reva K. Coffey cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as a result of the construction of such structure and the Grantees shall further be liable to the municipality of any attorney fees, expenses, or other expenses incurred in recovery of such damages Grantees agree and understands that this easement is subject to any public or private easements for utilities, and furthermore should Grantor or any other entities having utilities on such right of way, and said entities need to relocate any of their utilities or streets, Grantees shall, at the request of Grantor, or any other entity having utilities on such right of way, remove all or any portion of the structure or any hard surfacing underneath the Structuxe at Grantees sole xpense. CITY OF BLAIR, NEBRASKA, A Municipal Corporation Joseph J. Foral Kimberly Foral Linda Howland John E. Eriksen k Peggy Eriksen 169 -2- 169 A2 L. alliL4)543ri -p e motei, ,beze d P. Grace eer Mark Lippinco ham' Iristi Lippincott Robert E. Coffey Reva K. Coffey STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, allotary Public in and for said county and state, personally came Michael A. Mines, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing Easement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and seal this STA I OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) 1 70 GENERAL NOTARY -swot tkitosira BRENDA R. TAYLOR My Comm. Explosaleet GENERAL NOTARY - state of Nebraska IN BRENDA R. TAYLOR My Comm. Exp. dune 20, 2004 -3- 170 day of February, 2002. ofrtp61 NOTARY PUBLI Before me, the undersigned, allotary Public in and for said county and state, personally came Joseph J. Foral and Kimberly Foral, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this / e day of February, 2002. 4j /6/1‘ Y PUBLIC Before me, the undersigned, allotary Public in and for said county and state, personally came Donald P. Grace and Jackie Grace, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this 1 day of February, 2002. NOTARY - I -i�� 1 X11 GENERAL NOTARY PUBLIC my Com Exp. STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, a No John E. Eriksen and Peggy Eriksen, husban signed the above and foregoing Easement voluntary act and deed. WITNESS my hand and seal this 171 Before me, the undersigned, a Notary Public in and for said county and state, personally came William C Anderson and Elizabeth L. Anderson, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this I day of February, 2002. GENERAL NOTARY- BatectNeb,aI �/� R / .T..A,Y y L 0 OR� NOTARY PUBLIC Before me, the undersigned, a Notary Public in and for said county and state, personally came Roger E. Howland and Linda Howland, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this j r ` ' day of February, 2002. 407,f44/\., NOTARY PUBLIC J Pub in and for said county and state, personally came wife to me known to be the identical persons who d acknowledged the execution thereof to be their -4- day of February, 2002. 111 NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, allo William C Anderson and Elizabeth L. And persons who signed the above and foregoin be their voluntary act and deed. P blic in and for said county and state, personally came on husband and wife to me known to be the identical asement and acknowledged the execution thereof to WITNESS my hand and seal this day of February, 2002. STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, a No Roger E. Howland and Linda Howland, h who signed the above and foregoing Easem voluntary act and deed. Public in and for said county and state, personally came d and wife to me known to be the identical persons t and acknowledged the execution thereof to be their WITNESS my hand and seal this day of February, 2002. STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Before me, the undersigned, a Notary Public in and for said county and state, personally came John E. Eriksen and Peggy Eriksen, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this GENERAL NOTARY -State of Nebraska JOHN E SA MS O N My Comm. Exp. Feb. 4, 2005 -4- 1 7 2 172 NOTARY PUBLIC NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) WITNESS my hand and seal this 173 73 Before me, the undersigned, a Notary Public in and for said county and state, personally came Mark Lippincott and Kristi Lippincott, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. fi day of February, 2002. Mew NOTARY -state �' a Tana' OTARY PUBLIC lr Comm. Exp.,t 2004 Before me, the undersigned, allotary Public in and for said county and state, personally came Robert E. Coffey and Reva K. Coffey, husband and wife to me known to be the identical persons who signed the above and foregoing Easement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this J J day of February, 2002. -5- NOTARY PUBLIC 0 RESOLUTION NO. 2002 - 5 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an A ;. kA„..K.itt between the City of Blair, Nebraska, and Blair Area Young Men's Christian Association (" YMCA ") has been prepared and presented to the City Council providing for the terms and provisions for operation of the Blair Swimming Pool for the 2002 season, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof; and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER FANOFLF, 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, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCT MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 2002. Al"FEST: 6,4,1 / (7f BRENDA R. TAYLO CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES MAtOR 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 12` day of February, 2002 THIS AGREEMENT is made and entered into this 12th day of February, 2002, by and between the City of Blair, a municipal corporation in Washington County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City", and Blair Family YMCA, hereinafter referred to as "Operator ". and, WITNESSETH: AGREEMENT WHEREAS, the City owns a public swimming pool located at 16 & Butler Streets in Blair, Nebraska, hereinafter referred to as "Pool "; and, WHEREAS, the Operator has proposed operation of the Pool; and WHEREAS, the Operator has determined that Operator can successfully manage the Pool; WHEREAS, the parties hereto desire to enter into an Agreement for the operation of the Pool in accordance with the terms, provisions, and conditions set forth hereinbelow. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and Operator do hereby mutually undertake, promise, agree, and contract for itself and its successors and assigns as follows: ARTICLE I. — TERM OF AGREEMENT Subject to the terms, provisions, covenants and conditions set forth hereinafter below and, unless earlier terminated in accordance therewith, the term of this Agreement shall be for the swimming season commencing on May 25, 2002, and ending August 14, 2002; provided, however, that Operator shall operate the Pool from and after August 14, 2002, as may be directed by the City Council for City, said direction to include the days and hours of operation, and, if so directed by the City Council, Operator shall receive compensation at the rate of $54.00 per hour during such period of operation. ARTICLE II. — RIGHT TO OPERATE POOL A. The City hereby grants to the Operator the exclusive right and privilege to operate, manage, and maintain the public swimming pool located at 16 and Butler Streets in the City of Blair, Nebraska, during the term of this Agreement, subject to and expressly conditioned upon the terms, provisions, covenants, and conditions as set forth in this Agreement and the timely performance by the Operator in strict compliance therewith. B. This Agreement constitutes neither a conveyance nor a lease, but is a management agreement to manage, operate, and maintain the Pool for the purpose of providing a public swimming pool. Nothing in this Agreement shall be construed to provide Operator with any ownership, right, or interest in the Pool. C. Nothing in this Agreement shall be construed to provide authority for control by Operator over any portion of Steyer Park, its parking areas, grounds, improvements, or other facilities. D. In the event the Pool is substantially destroyed by fire, explosion, the elements, the public enemy or other casualty or so damaged, the City shall be under no obligation to repair, rebuild, or reconstruct the premises. E. No alterations, additions, improvements, or physical changes to the Pool shall be erected, installed, or permitted by Operator or any person at its request without the prior express written consent and approval of the Director of Public Works. ARTICLE III. — ACTIVITIES AND USES OF POOL A. This Agreement grants the exclusive privilege of operating, managing, and maintaining the Pool as a public swimming facility for and on behalf of the City. Operator covenants and agrees that the premises shall be used exclusively for the operation of a public swimming pool and the provision of services and merchandise attendant to such an operation. B. The Operator acknowledges and agrees that the City has the right to adopt and enforce reasonable park rules and regulations and that it and all of its employees, agents, and servants will faithfully observe and comply with all rules and regulations as may from time to time be promulgated by the City Council. C. The Operator will not suffer or permit to be maintained upon the premises or upon the exterior of any improvements or appurtenances thereto any billboards, signs, or other advertising media except those which have prior written approval of the Director of Public Works; nor will the Operator suffer or permit to be maintained within any structure situated upon or within the premises any signs or other advertising media which concerns goods or services other than those furnished or offered for sale by the Operator in connection with the operation of the pool. ARTICLE W. — DUTIES AND OBLIGATIONS OF OPERATOR AND CITY A. Utilities. The City shall be responsible for all electrical, water, and sewage charges applicable to the Pool during the term of this Agreement including al utility charges incurred by the City in the process of providing the pool start up and close down operations. B. Chemicals and Other Supplies. The Operator shall have the responsibility for the order, purchase, and delivery of all chemicals for water treatment and other purposes as required for the proper and lawful operation of the Pool. The City agrees to reimburse Operator for the cost of all chemicals for water treatment and other purposes as required for the proper and lawful operation of the Pool up to a maximum amount of $5,000.00; provided further, that City agrees to remit such reimbursement to Operator within thirty (30) days of receipt of invoices or other documentation establishing the chemical expense. The Operator shall provide all supplies, equipment, hardware, and other items necessary for the proper and lawful operation of the pools, bath houses, and related functions. Additionally, the Operator shall provide all equipment repair, and maintenance expenses up to $250.00. C. Maintenance The City shall be responsible for all maintenance and repairs for all pool and bath house related items including, but not limited to, all mechanical systems and associated water and electrical supply lines between the pools and their meters and all improvements located within and including the pool fence. D. Trash Disposal. The Operator shall provide adequate sanitary handling and disposal of all trash, garbage, and other refuse located within the pool area and within 100 feet of the pool's fence/bath house perimeter. The Operator shall deposit all waste materials in trash receptacles which shall be provided and serviced by the City. Piling of boxes, cartons, barrels, or other similar items in an unsightly or unsafe manner on or about the premises is forbidden. E. Personnel. All recruitment, hiring, training, supervision, and payment of pool staff for the Pool shsll be the responsibility of the Operator. Operator shall comply with all laws, ordinances, rules, and regulations regarding training, licensing, and certification of pool staff, including lifeguards, managerial personnel, and pool operators. Operator shall be solely responsible for payment of all taxes, workers compensation, or other expenses of employment. F. Concessions. The Operator may provide concessions to the swimming public which, in the Operator's opinion, meets the public demand. Operator shall comply with Nebraska State Health Department rules and regulations pertaining to food and beverages in the pool area. ARTICLE V. — POOL START UP — CLOSE DOWN — MAINTENANCE A. Start Up. The City agrees to use its best diligence to perform all pool start up functions on or before May 15, 2002, in preparation for a May 25, 2002 opening of the contract year and provide the pool to the Operator in an operational condition. B. Consultation. The City agrees to be available to provide advice and consultation regarding pool operation as requested by the Operator. C. Close Down. The City agrees to perform all close down functions for the end of season pool closing. The City and the Operator shall coordinate to insure efficient and timely close down procedures. In the event the City is unable to perform such procedures due to the acts of the Operator or its employees or agents and incurs costs, injuries, or damage, Operator agrees to reimburse City therefor. D. Maintenance of Grounds. The City agrees to maintain the park grounds around the pool to City standards. Such maintenance shall include the mowing of grass, provision of trash receptacles and providing for the removal of such trash. E. Pool Pumps. The City will provide, in proper working condition, both a chlorine and acid pump and will replace or repair these pumps as necessary during the season. The City will provide a vacuum pump in an operational condition. ARTICLE VI. — POOL OPERATIONS A. It is the City's objective to provide the highest quality of service to the public. To accomplish this objective the Operator agrees to manage and operate the Pool with energy, fidelity, diligence, and dedication and in full compliance with all of the provisions of this Agreement. Operator further agrees to: 1. Operate the Pool as authorized herein during days and hours which offers the maximum convenience to the public; provided, however, that the pool shall be open until 8:00 p.m. The Operator shall, on or before May 15 2002, submit for approval by the Director of Public Works a schedule of days and hours of operation and shall submit to the Director for approval any changes to such schedule a minimum of 10 days prior to the proposed change. 2. Employ persons who are clean, courteous, efficient, and neat in appearance. The Operator shall not employ any person or persons in or about the premises who shall use improper language or act in a loud or boisterous or otherwise improper or unsafe manner 3. Eject or direct the removal of patrons who are boisterous, loud, using improper language or acting in an unsafe manner. The City expressly grants the Operator and its employees such authority. B. Operator may offer any and all public swim related programs which can be conducted safely and within regulatory requirements at the Pool. These programs may include, but are not limited to, open swim lessons, swim teams, and pool rentals. C. Operator, its employees, agents or servants, shall at all times during the term of this Agreement comply with the laws and regulations of the United States of America, the State of Nebraska, Washington County, and all applicable ordinances, codes, and regulations of the City of Blair including, but not limited to, requirements governing the operation of the public swimming pool. Violations thereof by Operator, its agents or employees or revocation of permits or licenses required for lawful and proper pool operation or for the performance of this Agreement shall be cause for termination of this Agreement at the sole option of the City. In addition, Operator shall be thoroughly familiar with and knowledgeable about the provisions of the Nebraska Swimming Pool Handbook published by the Nebraska State Department of Health. ARTICLE VII. — POOL CHARGES The rates to be charged for pool use for the 2002 season are as follows: Youth Membership $28.00 Adult Membership $44.00 Family Membership $81.00 Youth Daily $ 2.00 Adult Daily (18 and older) $ 3.00 Swim Team $40.00 Swimming Lessons per Session $30.00 Baby Pool Free Admittance All fees and charges shall be consistently applied and no special or reduced fees shall be offered to any group or individual. ARTICLE VIII. — POOL IMPROVEMENT AND MAINTENANCE ITEM EXCEEDING $250.00 Nothing in this Agreement shall require or obligate the City to provide any repair, maintenance, or improvement to the Pool except as specifically defined herein. The City may individually evaluate any repairs and determine whether it will accept financial responsibility for such repair, maintenance, or improvement. In the event both parties decline to make repairs essential to the proper and lawful operation of the pool, this Agreement will terminate as further described in Article IX. Notwithstanding the foregoing, the Operator agrees to repair or pay for all damage to the City's property caused by the wrongful or negligent acts or omissions of the Operator, its agents, servants, employees, contractors, invitees, guests, patrons, and suppliers arising out of, whether directly or indirectly, the Operator's operation of the pool. ARTICLE IX. — TERMINATION A. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should any one or more of the following events occur: 1. If the Operator shall file a petition of bankruptcy, or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a court shall take jurisdiction of the Operator and its assets pursuant to proceedings brought under the provisions of any Federal reorgani nation act; or if a Receiver for the Operator's assets is appointed; or if the Operator shall be divested of its rights, power, and privileges under this Agreement by other operation of law. 2. If the Operator shall abandon and discontinue the conduct of the Pool operation. 3. If the Operator shall fail to perform, keep, and observe any of the terms, provisions, covenants, and conditions contained in this Agreement to be performed, kept, and observed by it. 4. If the Operator shall fail to abide by all applicable laws, ordinances, rules, and regulations of the United States, State of Nebraska, Washington County, or the City of Blair. 5. Provided that, upon the happening of any of the contingencies recited in subparagraphs 2, 3, and 4 above, the City shall give written notice to the Operator to correct or cure same and it within seven (7) days from the date of such notice, the default to perform or breach complained of shall not have been corrected in a manner satisfactory to the City, then the City shall have the right to terminate this Agreement, without further notice, to enter upon and take full possession of the premises and facilities and to operate or close the Pool. Upon such happening, this Agreement shall automatically be deemed to have been irrevocably breached by the Operator and shall terminate. 6. In the event this contract is terminated prior to August 14, 2002, the Operator shall remit to the City the prorata share of membership and season fees collected by the Operator. Said proration shall be based upon the number of days of operation of the Pool by the Operator and the remaining number of days until August 14, 2002. 7. This Agreement will terminate and the pool shall close in the event that both the Operator and City decline to provide repairs necessary for the proper and lawful operation of the pool. B. Operator acknowledges and agrees that all rights that it may have under this Agreement shall terminate and does hereby expressly release and waive any rights, claims, or causes of action it may have against the City or its successors in interest which may or could arise, either directly or indirectly as a result of any such action. C. Without prejudice to any other remedy which otherwise might be used for any breach of this Agreement, if the City is required or elects to pay any sum or incurs any obligation or expense by reason of the failure, neglect, or refusal of the Operator to perform any one or more of the terms, conditions, or covenants of this Agreement or as a result of any act or omission of Operator contrary to said terms, conditions, or covenants, the sum so paid or the expense so incurred, including all interest, costs, damages, and penalties shall become a financial obligation of the Operator, thereafter due hereunder and each and every part of the same shall be and become revenue recoverable by the City. ARTICLE X. — RECORDS AND REPORTS A. Operator shall at all times during the term of this Agreement keep or cause to be kept true and complete books, records, and accounts of all fees, charges, and expenses associated with this Agreement. B. The City shall have the right to conduct audit examinations and to examine the books and records of Operator in connection with the operation of the pool facility and attendant sales and services. C. On or before the 30 day of October, 2002 Operator shall submit to the Office of the City Administrator a statement showing "Gross Receipts" received by the Operator from the operation of said facility for that swimming season. The term "Gross Receipts" includes fees received from passes, pool memberships, daily swim fees, lessons, pool rentals, swim team charges, and any and all other fees charged at the pool, and revenues from food and beverage sales of any and all other sundry items. D. Operator shall comply with Nebraska State Health Department rules, regulations, and statutes pertaining to record keeping including but not limited to reporting of pool operation and accident. ARTICLE XI. — INDEMNIFICATION AND INSURANCE A. The Operator covenants and agrees to indemnify and hold harmless the City of Blair, its officers, agents, and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the Operator on the premises or in connection with its use of the premises or facilities and the Operator further agrees to pay all expenses in defending against any claims made against the City; provided, however, that the Operator shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents, or employees. The Operator and the City shall give prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect either ply B. The Operator shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with, at minimum, policy limits of $1,000,000 for bodily injury or death and $50,000 for property damage. Said policy shall expressly include the City of Blair as an additional named insured. A certified copy of the policy or a certificate evidencing the existence thereof shall be delivered to the City Administrator within ten (10) days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be canceled, terminated, or materially changed or modified without giving thirty (30) days written advance notice thereof to the City. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the City, raise any defense involving in any way the immunity of the City of Blair, officers, agents or employees, the governmental nature of the City, or the provisions of any statutes respecting suits against the City. C. The Operator shall furnish to the City satisfactory evidence that it carries Workers Compensation Insurance in accordance with the laws of the State of Nebraska. D. In the event the Operator shall fail to obtain any such insurance or shall permit any such insurance or other type of indemnity to lapse or become void, the City may terminate this Agreement. ARTICLE XII. — INDEPENDENT CONTRACTOR It is understood and agreed by and between the parties that any and all acts of the Operator or its employees, agents, or servants performed pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of the City. The activities and uses to which the pool property may be put and the privileges, rights, and obligations authorized herein are personal. The Operator agrees that it will not assign its rights granted hereunder without the express written consent of the City. Any purported assignment in violation hereof shall be void. ARTICLE XIV. — SUCCESSOR AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations, and agreements in this Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. ARTICLE XV. — GENERAL PROVISIONS A. Notice to the City provided for in this Agreement shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to: Mr. Rodney Storm City Administrator 218 South 16 Street Blair, Nebraska 68008 ARTICLE XIII. — ASSIGNMENT and notices to the Operator, if sent by certified or registered mail, postage prepaid, addressed to: Nicole Wulf Blair Family YMCA P.O. Box 578 Blair, NE 68008 or to such other respective address as the parties may designate to each other from time to time in writing. B. The Operator represents that it has carefully reviewed the terms and conditions of the Agreement and is familiar with such terms and conditions and agrees faithfully to comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this instrument. C. The term "City" as sued in this Agreement means the City of Blair, Nebraska, and, where this Agreement speaks of approval and consent by the City, such approval is understood to be manifested by act of the Mayor or his designated representative, except as otherwise expressly stated in this Agreement. D. The Operator covenants that it has not retained or employed any company or person other than bonafide employees working solely for Operator and has not paid nor agreed to pay any fee, commission, percentage, brokerage fee, gift, or any other award for making this Agreement. For breach of this statement, the City of Blair shall have the right to annul this Agreement without liability. E. The Operator shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. F. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. G. The parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. H. The Operator covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. I. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. J. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. K. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. ARTICLE XVL — INVALID PROVISION In the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein contained shall not affect the validity of the remainder of the covenants, conditions, or provisions of this Agreement which shall in all respects remain a legally binding Agreement with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the City or the Operator in its respective rights and IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers. ATTEST: Dated at Blair, Nebraska, this 12th day of February, 2002. 6147 / BRtNDA R L TAYLOR, CL CLERK (SEAL) CITY OF BLAIR, NEBRASKA, A MUNICIPAL CORPORATION, BLAIR FAMILY YMCA, INC. By ��� ( RESOLUTION NO. 2002 -6 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF BLAIR, NEBRASKA: DOCS/488683.1 1. Adoption of Amendment to the City of Blair. Nebraska Civilian Employees' Pension Plan: NOW, BE IT RESOLVED, that effective September 1, 2001, the City shall amend and it hereby does adopt, an amendment to the City of Blair, Nebraska Civilian Employees' Pension Plan (the "Civilian Plan ") in the form of the Amendment attached hereto and by this reference fully incorporated herein. The purpose of said Amendment is to reflect the City's decision to enter into a group annuity contract for the investment of the Civilian Plan's assets, to reflect that the City Treasurer will continue to act as Trustee of the Civilian Plan, and to make certain changes to the Civilian Plan with respect to the Trustee's powers and duties. 2. Adoption of Amendment to the City of Blair. Nebraska Police Retirement Plan and Trust: NOW, BE IT RESOLVED, that effective September 1, 2001, the City shall amend and it hereby does adopt, an amendment to the City of Blair, Nebraska Police Retirement Plan and Trust (the "Police Plan ") in the form of the Amendment attached hereto and by this reference fully incorporated herein. The purpose of said Amendment is to reflect the City's decision to enter into a group annuity contract for the investment of the Police Plan's assets, and to make certain changes to the Police Plan with respect to the Trustee's powers and duties. 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 12 day of February , 2002. CITY OF BLAIR, NEBRASKA By: rr•, Its: AMENDMENT TO THE CITY OF BLAIR, NEBRASKA POLICE RETIREMENT PLAN AND TRUST The City of Blair, Nebraska Police Retirement Plan and Trust (the "Plan "), established effective January 1, 1984, and amended and restated effective July 15, 1992, and as subsequently amended and restated effective January 1, 1997, and as further amended, is hereby further amended effective September 1, 2001, as follows: Section 12.3 of the Plan is hereby amended to provide that upon direction of the City, the Trustee shall cause to be established and maintain at least five (5) or more investment funds for the investment of the Trust Fund, with at least one fund from each of the Funds described in Sections 12.3(a) -(e). II. The last sentence of the second -to -last paragraph of Section 12.3 of the Plan is hereby amended to provide as follows: "The Funds may be invested wholly or partly through (i) the purchase of shares in a mutual fund or funds; (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 Sections 401(a) and 501(a) of the Internal Revenue Code, to constitute a part of this Plan and Trust; or (iii) the purchase of a group annuity contract or contracts issued by one or more life insurance companies for the investment of the Trust Fund." The first paragraph of Section 12.4 of the Plan is hereby amended to provide as follows: "Subject to such reasonable and non - discriminatory rules, limits, and procedures as the Employer may establish, each Participant shall determine the manner in which contributions allocated to his Plan accounts, including all eamings and gains thereon, are to be invested and reinvested among the Funds established in Section 12.3, by providing specific written directions to the Plan Administrator and Trustee in the manner required by the Plan Administrator." IV. Section 12.8 of the Plan is hereby amended to provide as follows: "12.8 Regulated Investment Company Mutual Funds and Group Annuity Contract. Notwithstanding the foregoing provisions of Section 12.3 above, the Employer may direct that any or all of the Funds established under DOCS/488919.1 Section 12.3 consist of one or more mutual funds sponsored by a regulated investment company selected by the Employer, or one or more group annuity contracts sponsored by a life insurance company selected by the Employer. In the event any mutual fund or group annuity contract is selected by the Employer, the Trustee and the Retirement Committee 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 or group annuity contract as an investment medium for the Plan." V. Except as amended above, the Plan is hereby reaffirmed and ratified in all respects. IN WITNESS WHEREOF, the City of Blair, Nebraska has caused this Amendment of the Plan and Trust to be executed by its duly authorized city official and the Trustee has executed this Amendment this 12 day of February , 2002. 2 CITY OF BLAIR, NEBRASKA, Employer TRUSTEE Treasurer of the City of Blair, Nebraska AMENDMENT TO THE CITY OF BLAIR, NEBRASKA CIVILIAN EMPLOYEES' PENSION PLAN The City of Blair, Nebraska Civilian Employees' Pension Plan (the "Plan "), established effective April 1, 1996, and amended and restated effective July 1, 1997, and subsequently amended effective September 1, 2001, is hereby further amended effective September 1, 2001, as follows: WITNESSETH WHEREAS, the Plan was amended effective September 1, 2001 (the "September 1, 2001 Amendment "), relating in part to the appointment of Delaware Charter Guarantee & Trust Company as successor trustee of the Plan; WHEREAS, Delaware Charter Guarantee & Trust Company did not execute the September 1, 2001 Amendment because it wanted certain provisions of the Plan document amended to the extent such provisions related to the Trustee's powers and duties; WHEREAS, the City of Blair, effective September 1, 2001, entered into a group annuity contract with Delaware Charter Guarantee & Trust Company for the investment of Plan assets, and that the City of Blair has decided to retain the City Treasurer as the Trustee of the Plan and, that therefore, the September 1, 2001 Amendment should be revoked; WHEREAS, the City of Blair has decided to further amend the Plan to revise the trustee's powers and duties as they relate to the retention of the City Treasurer as Trustee; NOW, THEREFORE, the September 1, 2001 Amendment is hereby revoked, and the Plan is hereby amended upon the terms and conditions stated herein. Section 4.01 of the Plan is hereby amended to provide as follows: "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 any amount, subject to the provisions of Section 3.06. 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 manner as any other amounts credited to the Participant's accounts under this Plan." Section 10.03 of the Plan is hereby amended to provide that upon direction of the City, the Trustee shall cause to be established and maintain at least five (5) or more investment funds for the investment of the Trust Fund, with at least one fund from each of the Funds described in Sections 10.03(A) -(E). The last sentence of the second -to -last paragraph of Section 10.03 of the Plan is hereby amended to provide as follows: "The Funds may be invested wholly or partly through (1) the purchase of shares in a mutual fund or funds; (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 Sections 401(a) and 501(a) of the Internal Revenue Code, to constitute a part of this Plan and Trust; or (iii) the purchase of a group annuity contract or contracts issued by one or more life insurance companies for the investment of the Trust Fund." IV. The first paragraph of Section 10.04 of the Plan is hereby amended to provide as follows: "Subject to such reasonable and non - discriminatory rules, limits, and procedures as the 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 10.03, by providing specific written directions to the Advisory Committee and Trustee in the manner required by the Advisory Committee." Section 10.08 of the Plan is hereby amended to provide as follows: "12.8 Regulated Investment Company Mutual Funds and Group Annuity Contract. Notwithstanding the foregoing provisions of Section 10.03 above, the Employer may direct that any or all of the Funds established under Section 10.03 consist of one or more mutual funds sponsored by a regulated investment company selected by the Employer, or one or more group annuity contracts sponsored by a life insurance company selected by the Employer. In the event any mutual fund or group annuity contract is selected by the Employer, the Trustee and the Advisory Committee shall not be liable for any Toss, or by reason of any breach, associated or in any way connected with the Employer's selection and retention of any mutual fund or group annuity contract as an investment medium for the Plan." 2 V. The first sentence of Section 10.09 of the Plan is hereby amended by the deletion of the reference to Section "10.04" in said sentence and the substitution of "10.03" in lieu thereof. VII. Except as amended above, the Plan is hereby reaffirmed and ratified in all respects. IN WITNESS WHEREOF, the City of Blair, Nebraska has caused this Amendment of the Plan and Trust to be executed by its duly authorized city official and the Trustee has executed this Amendment this 12 day of February , 2002. CITY OF BLAIR, NEBRASKA, Employer DOCS/488670.1 3 VI. TRUSTEE Treasurer o the City of Blair, Nebraska RESOLUTION NO. 2002 - 7 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that: (1) South Street: There shall be no parking on south sides of South Street between 19 Street and 13 Street. (2) Butier/Front Street: Temporary parking shall be allowed to pick up and drop off students during times when school is in session at the following locations: (1) South School: The North side of Butler Street between 16 Street and 17 Street; and. (1) West School: The South side of Front Street between 22 Street and 23 Street. (2) Lincoln Street. On the north side of Lincoln Street at the intersection of 17 Street and Lincoln Street, the first two parking stalls on the east side and the first two parking stalls on the west side shall be restricted to compact motor vehicles only. BE IT FURTHER RESOLVED that that the Street Department of the City of Blair is hereby authorized and directed to place the 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 comply with said parking restriction. COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER MCMANIGAL. UPON ROLL CALL, COUNCILMEMBERS REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIF1IAR, VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2002. AI 1 fI1 BRENDA R. TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY O' MICHAEL A��VIINES MAYOR BRENDA It TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 12th day of February, 2002. .4 BRENDA R. TAYLOR, v r CLERK RESOLUTION NO. 2002 - 8 COUNCIL MEMBER ABBITT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement for resurfacing of Selected Highways in Blair, Nebraska, for its Fiscal Year 2003 construction program. WHEREAS, the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the resurfacing of Selected Highways in Blair, Nebraska designated Project No. RD -91 -7 (1007) 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 FANOELE. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26 DAY OF FEBRUARY, 2002. ATTEST: ° / /%'\ B1NDA R. TAYLOR, / TY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the day of February, 2002. BRENDA R. TAYLOR, CITYPLERK AGREEMENT PROJECT NO. RD-91- 7(1007), STATE CONTROL NO. 22065 CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS FISCAL YEAR 2003 RESURFACING PROJECT SELECTED HIGHWAYS THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State ", W ITNESSETH: WHEREAS, it is the desire of the City and the State to maintain the urban extensions of State Highways in a favorable condition for the general public. Because of increased traffic and general deterioration of the roadway, some of the streets require resurfacing work. It is hereby agreed that the City and State join in resurfacing work on Selected Highways, and WHEREAS, the State for its Fiscal Year 2003 construction program has programmed $109,605.00 for the resurfacing of various State highways in Blair, and WHEREAS, this resurfacing shall consist of: Profile Existing Surface and Asphalt Surface Course. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The City agrees to prepare specifications, take bids, award contracts, provide the necessary inspection to insure the performance is within specification requirements and maintain sufficient records to fully document locations and actual costs of work performed. The City further agrees that final inspection of the work shall be by the State and only that work which is deemed satisfactory shall be eligible for payment by the State. The City also agrees that the State's share of the cost of the work shall be limited only to the actual construction cost of accepted work based on the lane responsibilities of the City and the State at the locations described in Section 3 herein. SECTION 2. The State agrees to participate in 100 percent of the actual construction cost only of work approved and accepted. Construction engineering is not included in the above construction cost. The maximum monetary amount which the State will provide for their share of the actual construction costs is $109,605.00. SECTION 3. The specific locations of highways for which resurfacing is authorized, within the $109,605.00 limit are as follows: Highway N -91 25 Street to 20 Street. Mill existing roadway and overlay with 4 inches of asphalt. SECTION 4. Upon completion of the work described herein, the City shall provide to the State certification that the work has been performed according to specifications and shall furnish a summary and supporting pay estimates of actual costs of work performed in the specific areas. These items shall be submitted to the Department of Roads through the District 2 Office in Omaha. The State agrees to make payment to the City for 95 percent of the State's share of the actual eligible construction costs within thirty (30) days after inspection and approval of the work by the State's District Engineer and the subsequent receipt of the City's billing. The final payment of the State's share will be made after the State's cost audit of City records have been made to verify actual costs. SECTION 5. The City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through 48 -1126 (Reissue 1988). SECTION 6. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this agreement such records to be available for inspection by the State, and copies thereof shall be furnished by the City if requested. SECTION 7. Nothing said or implied to the contrary, the State's maximum share of the actual costs under this agreement shall not exceed $109,605.00. Project No. RD-91- 7(1007) - 2 - City of Blair f IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this 70 day of ev 1 , 20 ATTEST: CITY OF BLAIR city clerk U AGR7 -ZR EXECUTED by the State this 5 .71 day of M/11)—C l4 , 20 or . STATE OF NEBRASKA DEPARTMENT I OADS Project No. RD -91- 7(1007) - 3 - City of Blair / Dis Engineer/ 0a02 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 2002 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 26, 2002 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. 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 FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 26 DAY OF FEBRUARY, 2002. A EST: (SEAL) RESOLUTION NO. 2002-9 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 26 day of February, 2002. q 7 /'1 / ;;7 / / / 1_,, (' ) - �C 1LrN. BRENDA R. TAYLOR, CI'rY CLERK THE 2002 ONE AND SIX YEAR PLAN FOR THE CITY OF BLAIR, NEBRASKA COUNTY: FORM 11 REPORT OF PREVIOUS YEAR HIGHWAY OR STREET IMPROVEMENT YEAR ENDING: 2001 SHEET 1 CITY: VILLAGE: Blair PROJECTED CONTRACT PROJECT NUMBER LENGTH UNIT OF COST PROJECT PuauESrramp MEASURE (IN THOUSANDS) B -05 (Y -01) 0.38 MI M -157 (Y -199) 0.1 MI M -157 (Y -210) 0.5 1 MI B -01 (Y -01) 0.1 1 MI M -157 (W -150) 0.1 1 MI B -08 (Y -01) 0.1 MI B -09 (Y -01) 0.1 MI B -10 (Y -01L 0.2 MI , B -11 (Y -01) � 0.15 MI B -12 (Y -01) 0.1 MI B -14 (Y -01) 0.1 MI B -15 (Y -01) 0.25 MI B -16 (Y -01) 0.1 MI B -18 (Y -01) 0.2 MI B -19 (Y -01) 0.2 MI B-20 (Y -01) 0.1 MI B -21 (Y -01) 0.15 MI B-22 (Y -01) 0.1 MI B -23 (Y -01) 0.1 MI B -26 (Y -01) 0.2 MI B -27 (Y -01) 0.2 MI SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND - STANDARDS TITLE: 7.0 ( X 3.3 X 379.0 X 2.0 X 59.0 X 3.3 X 3.3 X 6.7 X 5.0 X 3.3 X 3.3 X 3.3 X 8.25 X 3.3 X 6.7 X 6.7 X 6.7 X 3.3 X 5.0 X 3.3 X 3.3 X 3.3 X 6.7 X 6.7 X 6.7 X Director of Public Works OF 3 OWN FORCES DATE COMPLETED (ACTUAL OR ESTIMATED) July 2001 July 2001 October 2001 September 2001 August 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 June 2Q01 June 2001 June 2001 June 2001 June 2001 June 2001 June 2001 DATE: Z/Z71® COUNTY: SIGNATURE: 9 I del.! PROJECT NUMBER B-28 (Y -01) B -29 (Y -01) B -30 (Y -01) B -65 (Y -01) B -64 (Y -01) B-63 (Y -01) B -62 (Y -01) B -61 (Y -01) B-60 (Y -01) B -59 (Y -01) B -58 (Y-01) B -57 (Y -01) B -56 (Y -01) B -55 (Y -01) B -54 (Y -01) B -53 (Y -01) B -52 (Y -01) B -51 (Y-01) B -50 (Y -01) 6-49 (Y-01) B-48 (Y -01) B-47 (Y -01) B -46 (Y -01) B -67 (Y -01) B -66 (Y -01) BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 11 REPORT OF PREVIOUS YEAR HIGHWAY OR STREET IMPROVEMENT YEAR ENDING: PROJECTED LENGTH UNIT OF COST (ur7sr7M MEASURE (IN THOUSANDS) TITLE: 2001 SHEET 2 CITY: VILLAGE: Blair CONTRACT PROJECT 0.3 MI 10.0 X 0.1 MI 3.3 X 02 MI 6.7 X 0.1 MI 3.3 X 0.1 Ml 3.3 X 0.05 MI 1.65 X 0.1 MI 3.3 X 0.2 MI 6.7 X 0.2 MI 6.7 X 0.3 MI 10.0 X 0.3 MI 10.0 X 0.3 MI 10.0 X 0.1 MI 3.3 X 0.3 MI 10.0 X 0.2 MI 6.7 X 0.1 MI 3.3 X 0.2 MI 6.7 X 0.1 MI 3.3 X 0.1 MI 3.3 X 0.2 MI 6.7 X 0.2 MI 6.7 X 0.3 MI 10.0 X 0.4 MI 13.3 X 0.1 MI 3.3 X 0.1 MI 3.3 X Director of Public Works OF 3 OWN FORCES DATE COMPLETED (ACTUAL OR ESTIMATED) June 2001 August 2001 August 2001 AAugust 2001 [August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 DATE: 2 / �°7 �� �- BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 11 REPORT OF PREVIOUS YEAR HIGHWAY OR STREET IMPROVEMENT YEAR ENDING: 2091 SHEET 3 COUNTY: CITY: VILLAGE: Blair PROJECTED PROJECT NUMBER LENGTH UNIT OF COST (NEAREST WARM MEASURE IN THOUSANDS) B-45 (Y -01) 0.2 MI 1 6.7 B-44 (Y-01) 0.2 MI 1 6.7 B-43 (Y -01) 0.3 MI 10.0 B -41 (1( -01) 0.2 MI 6.7 B-40 (Y -01) 0.1 M I 3.3 B -36 (Y-01) 0.2 MI 6.7 B -35 (Y-01) 0.2 MI 6.7 B -34 (Y -01) 0.3 MI 10.0 B -33 (Y -01) 0.4 MI 13.3 B- 32(Y01) 0.1 MI 3.3 B -31 (Y -01) 0.1 MI 3.3 B -74 (Y-01) 0.1 MI 3.3 B -73 (Y -01) 0.1 MI 3.3 B -72 (Y -01) 0.1 MI 3.3 B -71 (Y -01) 0.1 MI 10.0 B -70 (Y -01) 0.1 MI 3.3 B -69 (Y -01) 0.1 MI 3.3 B -75 (Y-01) 0.1 1 MI 228.0 SIGNATURE: CONTRACT OWN PROJECT FORCES DATE COMPLETED (ACTUAL OR ESTIMATED) Director of Public Works OF 3 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001 August 2001, August 2001 August 2001 August 2001 Septmeber 2001 Septmeber 2001 Septmeber 2001 Septmeber 2001 Septmeber 2001 Septmeber 2001 October 2001 DATE: YEAR ENDING 2001.00 COUNTY: • PRIORITY NUMBER 1 2 3 4 5 6 SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 8 SUMMARY OF ONE -YEAR PLAN PROJECT NUMBER M -157 (Y -170) M -157 (Y -212) B -06 (Y -01) B -04 (Y-01) B -78 (Y -02) B -82 (Y -02) CITY: Rlair LENGTH UNIT OF mwiwEsr -wUra; MEASURE 0.5 MI NA MI 0.2 I MI 0.32 1 MI 0.08 MI 0.5 I MI ESTIMATED COST REMARKS (Thousands) 375 350 500 100 16 110 [ TITLE: SHEET 1 OF VILLAGE: DATE: COUNTY: LOCATION DESCRIPTION: Jackson Street from 3rd Street to 1 0th Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirk gravel, asphalt, concrete, culvert, or bridge) PCC AVERAGE DAILY TRAFFIC: unknown CLASSIFICATION TYPE (as shown on Functional Glassltzcation Map) 19 = 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 36' WIDTH X GRADING X CONCRETE RIGHT OF WAY _ AGGREGATE X CURB & GU i i LI{ X UTILITY ADJUSTMENTS _ ARMOR COAT X DRAINAGE STRUCTURES _ FENCING _ ASPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: El Project Length = SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT I CITY: Blair 'VILLAGE: ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH YES I IN/A Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct extensions onto the existing paved street to establish center tum lane. ESTIMATED COST (IN THOUSANDS) 'OPTIONAL *COUNTY *CITY *STATE I *FEDERAL 375 (Nearest Tenth) PROJECT NUMBER: 0.5 (State Unit otMeasure) Director of Public Works Page 1 *OTHER El LIGHTING TYPE TYPE TYPE TYPE - TOTAL 375 M -157 (Y -170) DATE: Z 2 7 /0 'x._ COUNTY: LOCATION DESCRIPTION: Nebraska Street at Highway 75 EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, aspIaI4 concrete, culvert or bridge) PCC AVERAGE DAILY TRAFFIC: 19 96 = 1030E , 20 CLASSIFICATION TYPE: (as shown on Functional Classification Map) Major Arterial PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFAING: X GRADING X CONCRETE RIGHT OF WAY _,AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS _, ARMOR COAT • DRAINAGE STRUCTURES ____ FENCING ASPHALT EROSION CONTROL X 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 CIYES LIN/A Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: COnStIUCt tum lanes and Install traffic signals ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = NA SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX-YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CJTY: 'VILLAGE: Blair *CI7Y *STATE 175 175 (Nearest Tenth) (State Unit of Measure) Page 1 *FEDERAL *OTHER PROJECT NUMBER: TITLE: Director of Publi c Works THICKNESS WIDTH ri LIGHTING TOTAL 350 M-157 (Y-212) IDATE: ' a/ 7 -7/0 Z-- COUNTY: BRIDGE TO REMAIN IN PLACE NEW BRIDGE BOX CULVERT: CULVERT: ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT l am 'VILLAGE: Blair I LOCATION DESCRIPTION:: 10th Street from Highway 30 to Nebraska Street EXISTING SURFACE TYPE AND STRUCTURES: (such as art gravel, asphalt, concrete, culvert, or bridge) Asphalt over PCC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE (as shown on i=unctiona/ Classification Map) 19 96 = 4850 , 20 = Other Arterial PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: 13L2 SURFACING: 9" THICKNESS 36' WIDTH I X GRADING X CONCRETE RIGHT OF WAY _ AGGREGATE X CURB & GUTTER X unury ADJUSTMENTS _ ARMOR COAT X DRAINAGE STRICTURES _ FENCING ASPHALT X EROSION CONTROL X SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH � DIAMETER LENGTH DYES 1 IN/A Bridges and Culverts Sized fl Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct new roadway with new storm sewer. 1 LIGHTING TYPE TYPE TYPE TYPE *COUNTY I *CRY I *STATE I *FEDERAL *OTHER TOTAL 500 1 1 500 (Nearest Tenth) PROJECT NUMBER 0.2 (State UntiofMeasure) B-06 (Y-01) r Director of Public Works Page 1 DATE: / 27 /0 "'Z COUNTY: LOCATION DESCRIPTION: Hollow Road BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND S1X YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: [VILLAGE: Blair EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Rock AVERAGE DAILY TRAFFIC: unknown CLASSIFICATION TYPE (ass on Functional Classification Map) Local PROPOSED IMPROVEMENT SURFACING: THICKNESS WIDTH DESIGN STANDARD NUMBER: GRADING _ CONCRETE _ RIGHT OF WAY AGGREGATE _ CURB & GUTTER UTILITYADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOJC CULVERT: SPAN RISE LENGTH El LIGHTING ROADWAY WIDTH LENGTH TYPE ROADWAY WIDTH LENGTH TYPE TYPE CULVERT: DIAMETER LENGTH TYPE EYES 1 #NIA Bridges and Culverts Sized ® Hydraulic Analysis Pending OTHER CONS 1 RUCTION FEATURES: Grade and replace existing culvert and restablish drainage Ways. ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL *OTHER TOTAL (114 THOUSANDS) *OPTIONAL 100 100 (!Nearest Tenth) PROJECT NUMBER: Project Length = 0.32 (State tint of Measure) B-04 (Y-01) SIGNATURE TITLE: Director of Public Works Page 1 DATE COUNTY: LOCATION DESCRIPTION: Wilbur Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, grave!, asphalt concrete, culvert, or bridge) Pcc AVERAGE DAILY TRAFFIC: unknown 'CLASSIFICATION TYPE 19 = , 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: ,AGGREGATE ,ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE BOX CULVERT: CULVERT: GRADING OTHER CONS I RUCTION FEATURES: Replacement of existing 18" CMP with new 24" RCP ESTIMATED COST *COUNTY (1N THOUSANDS) *OPTIONAL Project Length = SIGNATURE: YES J J N/A BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT ' CITY: VILLAGE: Blair CONCRETE _ CURB & GUTTER " X DRAINAGE STRUCTURES X EROSION CONTROL SPAN RISE LENGTH 24" DIAMETER 410 LENGTH RCP Bridges and Culverts Sized 1 ~ 1 Hydraulic Analysis Pending *CITY 16 ROADWAY WIDTH ROADWAY WIDTH *STATE (Nearest Tenth) 0.08 (State Un`ofMeasure) RIGHT OF WAY LIGHTING _ UTILITY ADJUSTMENTS , FENCING SIDEWALKS Page 1 LENGTH LENGTH *FEDERAL l *OTHER 1 [PROJECT NUMBER T of Pubic Works (as shown on Functional Classification Map) Local THICKNESS TOTAL 16 9-78 (Y-02) WIDTH TYPE TYPE TYPE TYPE H xzhr ^ COUNTY: !CITY: LOCATION DESCRIPTION: ,Highway 91 from 20th Street to 25th Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert or bridge) ACC Over PCC AVERAGE DAILY TRAFFIC: I CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 96 = 6810 , 20 = Major Arterial PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH SIGNATURE: GRADING AGGREGATE _ ARMOR COAT X ASPHALT ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT 1 CONCRETE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS CURB & GUTTER Blair DRAINAGE STRUCTURES EROSION CONTROL i RIGHT OF WAY LIGHTING UTILITY ADJUSTMENTS FENCING 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 EJYES 1 'NIA Brims and Culverts Sized LJHydraulicAnalysis Pending OTHER CONSTRUCTION FEATURES: Mill and Overlay 4" of ACC on Exisiting Surface *COUNTY *CITY *STATE *FEDERAL *OTHER 110 t I (Nearest Tenth) PROJECT NUMBER: 0.5 (State Unit oifMeasure) II TRLE Direct of Public Works Page 1 !VILLAGE: TOTAL 110 B-82 (Y -02) DATE: COUNTY: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 9 SUMMARY OF SIX -YEAR PLAN SIX -YEAR PERIOD ENDING: SHEb I 1 OF 1 CITY: VILLAGE Blair PRIORITY PROJECT NUMBER LENGTH UNIT OF ESTIMATED COST NUMBER T MEASURE (Thousands) M -157 (Y -170) 0.5 M -157 (Y -212) NA B -06 (Y -01) 02 B -04 (Y -01) 0.32 B -07 (Y -01) 0.5 M -157 (Y -213) I 4.0 M -157 (Y -175) I 2.0 M -157 (Y -177) I 0.2 M -157 (Y -157) 7.75 B -03 (Y -01) 0.13 B -02 (Y -01) 0.27 13-76 (Y -02) 0.5 B -77 (Y -02) 0.35 B -78 (Y-02) 0.08 B-79 (Y -02) NA B -80 (Y -02) 0.38 B -81 (Y -02) 0.19 TITLE Director of Public Works MI 375 MI 350 MI 500 MI 100 MI 5000 MI 500 MI 10,000 MI 100 MI 4676 M1, 100 MI 200 M1 400 MI 150 MI 16 MI 175 MI 500 MI 250 MI 110 REMARKS DATE COUNTY: LOCATION DESCRIPTION: 1st Street from Highway 30 to River Road EXISTING SURFACE TYPE AND STRUCTURES: (such as dirk gravel, asphal4 concrete, culvert, or bridge) None AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 — , 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT !VILLAGE: Blair CITY: X GRADING X CONCRETE X RIGHT OF WAY x AGGREGATE x CURB & GUTTER X UTILITY ADJUSTMENTS _ ARMOR COAT X DRAINAGE STRUCTURES — FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: Unknown ROADWAY WIDTH ~ �LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE DYES I I N/A Bridges and Culverts Sized © Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction of new overpass over railroad tracks, ESTIMATED COST *COUNTY *CITY (IN THOUSANDS) *OPTIONAL 5000 Project Length = *STATE , *FEDERAL (Nearest Tenth) PROJECT NUMBER: 0,5 (State Unit of Measure) Director of Public Works Page 1 *OTHER Ej LIGHTING TOTAL 5000 B-07 (Y-01) DATE �� 7 Iff3 "COUNTY: LOCATION DESCRIPTION: Repair and replacement of brick streets EXISTING SURFACE TYPE AND STRUCTURES: (such as dir, gravel, asphalt; concrete, culvert; or bridge) Brick AVERAGE DAILY TRAFFIC: 19 = 20 Unknown ( CLASSIFICATION TYPE: (as shown on Functional Classification Map) = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: SIGNATURE ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: 'VILLAGE: Blair i *COUNTY GRADING X CONCRETE RIGHT OF WAY _ AGGREGATE X CURB & GUTTER _ UTILITY ADJUSTMENTS ARMOR COAT _ DRAINAGE STRUCTURES _ FENCING X ASPHALT EROSION CONTROL SIDEWALKS ROADWAY WIDTH LENGTH TYPE ROADWAY WIDTH LENGTH TYPE SPAN RISE LENGTH TYPE DIAMETER LENGTH TYPE YES 1 I N/A Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Brick streets will evaluated on a street by street baisis to determine best coarse of action in either repair or replacement. *CITY *STATE 500 *FEDERAL (Nearest Tenth) PROJECT NUMBER: 4.0 (State Unit of Measure) r irect or of Public Works Page 1 *OTHER [J LIGHTING TOTAL 500 M -157 (Y-213) DATE �I�71a� COUNTY: LOCATION DESCRIPTION: Highway 30 from Lincoln Street to Highways 30 & 133 EXISTING SURFACE TYPE AND STRUCTURES: PCC /ACC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 96 = 1259 20 = Major Arterial DESIGN STANDARD NUMBER: x GRADING AGGREGATE ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: DIAMETER LENGTH YES I I WA Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Reconstruction of state Highway 30 from 2 and 4 lanes to four lanes with center turning lane. ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE: FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS (CITY: Blair X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL (such as dirt gravel, asphalt concrete, culvert or bridge) PROPOSED IMPROVEMENT DR2 SURFACING: 9" THICKNESS 6Z WIDTH X RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH *CITY *STATE *FEDERAL *OTHER 2000 8000 (Nearest Tenth) PROJECT NUMBER: 2.0 (State Unit of Measure) TITLE Director of Public Works Page 1 'VILLAGE: LIGHTING TYPE TYPE TYPE TYPE TOTAL 10,000 M-157 (Y-175) DATE: Oit Z7/0-Z— COUNTY: LOCATION DESCRIPTION: EXISTING SURFACE TYPE AND STRUCTURES: ACC x GRADING ,AGGREGATE _ ARMOR COAT X ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: ESTIMATED COST (!N THOUSANDS) *OPTIONAL Project Length = FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT i "COUNTY Q2 SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS ANP STANDARDS 100 CCTTY: Blair 10th Street from Jackson Street to Adams Street X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL DYES I INiA Bridges and Culverts Sized (such as din; gravel, asphalt concrete, culvert or bridge) AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: 19 96 = 1120, 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" & 2" THICKNESS 36' WIDTH RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS ROADWAY WIDTH _ LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH Page 1 x Hydraulic Analysis Pending *CITY *STATE *FEDERAL *OTHER (Nearest Tenth) PROJECT NUMBER: (State Unit of Measure) TITLE: Director of Public Works 'VILLAGE: (as shown on Functional Classification Map) Other Arterial LIGHTING TYPE TYPE TYPE TYPE OTHER CONSTRUCTION FEATURES: Construct PCC extensions onto the existing paved street to establish center turn lane. TOTAL 100 M -157 (Y-177) eiZ 776 COUNTY: EXISTING SURFACE TYPE AND STRUCTURES: Dirt AVERAGE DAILY TRAFFIC: 19 = , DESIGN STANDARD NUMBER: BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH NEW BRIDGE: ROADWAY WIDTH BOX CULVERT: SPAN RISE CULVERT: DIAMETER DYES I I NIA Bridges and Culverts Sized OTHER CONSTRUCTION FEATURES: Construct new Highway side of city to Highway 75 north of the city ESTIMATED COST (1» THOUSANDS) *OPTIONAL Project Length = SIGNATURE: x GRADING _,AGGREGATE _ ARMOR COAT ASPHALT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL *COUNTY *CITY *STATE 4676 CITY: Blair 'VILLAGE: LOCATION DESCRIPTION: Highway Bypass Corridors - Highway 30 & 133 area to Highway 30 East and Highway 30 East to Highway 75 North (Nearest Tenth) 7.75 (State Unit of Measure) (such as dirt gravel, asphalt concrete, culvert or bridge) Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 2 = None PROPOSED IMPROVEMENT SURFACING: THICKNESS WIDTH RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS TYPE TYPE TYPE LENGTH TYPE Hydraulic Analysis Pending Bypass from Highway 133 to Highway 75 around east LENGTH LENGTH LENGTH Page 1 *FEDERAL *OTHER PROJECT NUMBER: TITLe Director of Public Works LIGHTING TOTAL 4676 M -157 (Y-157) DATE: Z--/Z'71 z . COUNTY: /LOCATION DESCRIPTION: Garfield Road EXISTING SURFACE TYPE AND STRUCTURES: Rock AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = , 20 Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25' WIDTH ESTIMATED COST *COUNTY *CITY (IN THOUSANDS) *OPTIONAL 100 Project Length = SIGNATURE: x GRADING _ AGGREGATE _ ARMOR COAT ASPHALT FORM- 7 ONE- AND S1X -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL ICI TY: 'VILLAGE: 1 Blair (Nearest tenth) 0.13. (State Unit of Measure) (such as dint; gravel, asphalt concrete, culvert or Bridge) *STATE RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER _ LENGTH OYES } I WA Bridges and Culverts Sized 121c Hydraulic Analysis Penang OTHER CONSTRUCTION FEATURES: Pave with PCQ pavement between existing pavement r e Director of Public Works Page 1 *FEDERAL PROJECT NUMBER: *OTHER LIGHTING TYPE TYPE TYPE TYPE TOTAL 100 B -03 (Y -01) DATE ) J COUNTY: LOCATION DESCRIPTION: Arthur Road DESIGN STANDARD NUMBER: BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = 027 SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT +Crry: EXISTING SURFACE TYPE AND STRUCTURES: (such as dirk gravel, asphalt concrete, culvert or bridge) Rock AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 - , 20 = Local x GRADING X CONCRETE — OF WAY _ ,AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL SIDEWALKS i *COUNTY CWk— PROPOSED IMPROVEMENT DR2 SURFACING: 7" THICKNESS 25' WIDTH *CITY Blair ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH OYES J IN/A Bridges and Culverts Sized © Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Pave with PCC pavement between existing pavement *STATE 200 (Nearest Tenth) (State Unit of Measure) Page 1 *FEDERAL PROJECT NUMBER: TfrLE Director of Public Works *OTHER 'VILLAGE: El LIGHTING TYPE TYPE TYPE TYPE TOTAL 200 B-02 (Y -01) DATE: Z /7 2_ COUNTY: LOCATION DESCRIPTION: 10th Street from Prosect to Grant Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt concrete, culvert or bridge) Dirt AVERAGE DAILY TRAFFIC: 19 = , 20 DESIGN STANDARD NUMBER: x GRADING AGGREGATE ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: Unknown SPAN RISE LENGTH CULVERT: DIAMETER LENGTH OYES + I WA Bridges and Culverts Sized fl Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Constuct with PCC pavement between existing pavements ESTIMATED COST (IN THOUSANDS) *OPTIONAL i *COUNTY Project Length = 0.5 SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: VILLAGE: I Blair X EROSION CONTROL NA — CLASSIFICATION TYPE: (as shown on Functional Classification Map) Local PROPOSED IMPROVEMENT DR1 SURFACING: 8" X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES *CITY *STATE 400 (Nearest Tenth) X RIGHT OF WAY X UTILITY ADJUSTMENTS , FENCING X SIDEWALKS Page 1 *FEDERAL PROJECT NUMBER: *OTHER THICKNESS 31' WIDTH LIGHTING (State Unit of Measure) B -76 (Y-02) Tl11E Dir of Public Works TYPE TYPE TYPE TYPE TOTAL 400 DA'T'E COUNTY: LOCATION DESCRIPTION: EXISTING SURFACE TYPE AND STRUCTURES: PCC /ACC DESIGN STANDARD NUMBER: X GRADING _ AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: SIGNATURE Elm ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = li Llil 111111 .1111 IJlu I BOARD OF PUBLIC ROADS CLASSIFICATIONS ANDSTANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT DR2 150 CITY: Blair 16th Street from Nebraska Street to Adams Street AVERAGE DAILY TRAFFIC: NA CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = , 20 = __ Local PROPOSED IMPROVEMENT X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL ROADWAY WIDTH ROADWAY WIDTH SPAN RISE DIAMETER *CITY *STATE (Nearest Tenth) 0.35 (State Unit of Measure) (such as dirt gravel, asphalt concrete, culvert, or bridge) SURFACING: 7" THICKNESS 31' WIDTH _ RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWALKS LENGTH LENGTH LENGTH LENGTH N/A Bridges and Culverts Sized x i Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct PCC extensions onto the existing street to establish center turn lane Page 1 *FEDERAL PROJECT NUMBER TITLE Director of Public Works *OTHER !VILLAGE: LIGHTING B -77 (Y-02) TYPE TYPE TYPE TYPE TOTAL 150 DATE: • COUNTY: LOCATION DESCRIPTION: Highway 91 and 23rd Street Intersection EXISTING SURFACE TYPE AND STRUCTURES: Asphalt over PCC AVERAGE DAILY TRAFFIC: 19 9E = 2205 , DESIGN STANDARD NUMBER X GRADING ,AGGREGATE _ ARMOR COAT X ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE BOX CULVERT: _CULVERT: OYES I X 1N/A ESTIMATED COST (IN THOUSANDS) *OPTIONAL - Project Length = SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: 'VILLAGE Blair CLASSIFICATION TYPE (as shown on Functional Classification Map) 20 = Major Arterial PROPOSED IMPROVEMENT DR2 SURFACING: 10" THICKNESS 38' WIDTH X CONCRETE X CURB & GUTTER DRAINAGE STRUCTURES EROSION CONTROL *COUNTY *CITY *STATE 175 (such as dirt gravel, asphalt, concrete, culvert or bridge) X RIGHT OF WAY X UTILITY ADJUSTMENTS X FENCING X SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH (Nearest Tenth) (State Unit of Measure) *FEDERAL *OTHER TITLE Director of Public Works Pagel PROJECT NUMBER fLIGHT]NG DIAMETER LENGTH Bridges and Culverts Sized �HydrauticAnalysis Pending OTHER CONSTRUCTION FEATURES: Reconstruction of the intersection to allow for left turn lane and better sign distance. 1 TYPE TYPE TYPE TYPE TOTAL B-79 (Y-02) 175 HATE: COUNTY: LOCATION DESCRIPTION: .Clark Street from Highway 30 South to 25th Street EXISTING SURFACE TYPE AND STRUCTURES: Seal Coat AVERAGE DAILY TRAFFIC: 19 DESIGN STANDARD NUMBER: BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER LENGTH DYES I INMA Bridges and Culverts Sized X I�HydrauIicAnalysis Penang OTHER CONSTRUCTION FEATURES: Contruction of new reoad surface with curb and gutter. ESTIMATED COST (iN THOUSANDS) *OPTIONAL _Project Length = - SIGNATURE X GRADING ,AGGREGATE ,ARMOR COAT ASPHALT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: VILLAGE: Blair I (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Unknown 'CLASSIFICATION TYPE: 20 PROPOSED IMPROVEMENT DR2 SURFACING: X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL RIGHT OF WAY X ,UTILITY ADJUSTMENTS FENCING X SIDEWALKS *COUNTY *CITY *STATE *FEDERAL *OTHER 500 (Nearest Tenth) PROJECT NUMBER 0.38 (State Unit of Measure) TrrLE Director of Public Works Page 1 (as shown on Functional Classification Map) Local 7" THICKNESS 25` WIDTH LIGHTING i B -80 (Y -02) TYPE TYPE TYPE TYPE TOTAL 500 (COUNTY: LOCATION DESCRIPTION: 25th Street from Clark Street to Elm Street :EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt concrete, culvert, or bridge) Seal Coat AVERAGE DAILY TRAFFIC: 19 = -DESIGN STANDARD NUMBER: X GRADING AGGREGATE ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: :BOX CULVERT: _CULVERT: OYES f IN /A OTHER CONSTRUCTION FEATURES: Contruction of new reoad surface with curb and gutter. ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL :Project Length = SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: 'VILLAGE: Blair X CONCRE i t _ RIGHT OF WAY X CURB & GUTTER X UTILITY ADJUSTMENTS X DRAINAGE STRUCTURES _ FENCING X EROSION CONTROL X SIDEWALKS DIAMETER LENGTH Bridges and Culveits Sized X HYdraulc Analysis Pendng 0.19 Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 20 = Local PROPOSED IMPROVEMENT DR2 SURFACING: ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH TITLE : Direct of Public Works Page 1 250 (Nearest Tenth) PROJECT NUMBER (State Unit of Measure) *CITY *STATE *FEDERAL *OTHER THICKNESS 25' WIDTH LIGHTING !DATE: TYPE TYPE TYPE TYPE TOTAL 250 B -81 (Y-02) 2/z COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Blair YMCA has located its new facilities at the intersection of Wilbur Street and Highway 75 in the City of Blair, Nebraska. WHEREAS, there is no crosswalk or traffic signals in the area of Wilbur Street and Highway 75. RESOLUTION NO. 2002 - 10 WHEREAS, prior to the relocation of the YMCA building, the area of Wilbur Street and Highway 75 had very little pedestrian traffic, but it is anticipated that there will now be a high volume of pedestrian traffic, the majority of which is anticipated to be children. BE IT RESOLVED THAT the Mayor and City Council of the City of Blair, Nebraska request that, in the interest of safety for the many children and other pedestrians who are anticipated to be coming to and from the new Blair YMCA building, the State of Nebraska authorize and construct a pedestrian crossing signal at the intersection of Wilbur Street and Highway 75 in the City of Blair, Nebraska, and that a cost participation agreement between the City of Blair and the State of Nebraska be entered into on mutually agreeable terms. COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26'" DAY OF FEBRUARY, 2002. CITY OF BLAIR, NEBRASKA ATTEST: d, io BRENDA I2.. TA k, 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 February, 2002. BRENDA R. TAYLOR, CJTY CLARK March 1, 2002 John Jacobson, District Engineer 4425 South 108 Street PO Box 37461 Omaha, NE 68137 -0461 RE: Highway 75 Dear Mr. Jacobson: Sincerely, Allen Schoemaker Public Works Director J CITY Of bLAIIZ2 Enclosed please find a resolution from the city council of Blair requesting a pedestrian signal at the intersection of Highway 75 and Wilbur Street This request is based on the construction of the Blair YMCA and the expected pedestrian traffic in the area. If there are any questions, please don't hesitate to call me at 402 - 426 -4191. 218 South 16th Street • Blair, Nebraska 68008 • 402- 426 -4191 • Fax 402 - 426 -4195 • E -mail ciiyolblair @huntei.net RESOLUTION 2002 -11 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City Council of the City of Blair, Nebraska, has determined that the current facility used by the officers and employees of the Blair Police Department does not contain space necessary to provide effective law enforcement for the citizens of Blair. WHEREAS, the City Council of the City of Blair, Nebraska, desires to receive direction from the qualified electors of the City of Blair, Nebraska, regarding whether to purchase and remodel an existing building in Blair or construct or participate in the construction of a facility at a site to be determined WHEREAS, the City Council anticipates that at some future date it will vote on whether or not to submit to a vote of the qualified electors of the City of Blair, Nebraska, the issue of levying a City Sales Tax to pay for the cost of purchase of such a building or construction of such facility. NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, the Mayor and the City Council of the City of Blair, Nebraska, do hereby adopt the following Resolution: SECTION 1. The Mayor and the City Council of the City of Blair, Nebraska, hereby order the submission of the following question to the qualified electors of the City of Blair, Nebraska at the May 14, 2002 Nebraska Primary Election, to wit: "The City Council for the City of Blair, Nebraska has determined that there is a need for additional working space for the officers and employees of the Blair Police Department. The City Council is contemplating the issue of whether to purchase and remodel an existing building or whether to construct or participate in Page 1 of 3 the construction of a facility. You are asked to vote for either Option A or Option B (vote for only one Option): OPTION A: The Mayor and the City Council of the City of Blair, Nebraska are authorized to purchase and remodel the real estate and building located on Lots 20 through 30, Block 45, in the City of Blair, Nebraska. This building was formerly known as the Safeway Building and has a street address of 129 South 17 Street, Blair, Nebraska. OPTION B: The Mayor and City Council of the City of Blair, Nebraska are authorized to construct or participate in the construction of a facility, and furthermore, that the facility shall be of such size and design to be established at a future date by the Mayor and City Council of the City of Blair, Nebraska, and to be located on real estate to be selected by the Mayor and the City Council of the City of Blair, Nebraska; provided further, that, prior to the Mayor and City Council making a final decision on the size, design and location of the facility, a public hearing shall be held by the Mayor and City Council to receive input from the public pertaining to size, design and location of such facility." COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS BIFFAR, ABBOTT, WOLFF, MCMANIGAL, FANOELE, SHOTWELL AND REALPH VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28TH DAY OF FEBRUARY, 2002 Page 2 of 3 CITY OF BLAIR, NEBRASKA BY L A. S, MAYOR ATTEST: BRENDA R. TAYLOR, CI'�`5�` 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 February, 2002. Page 3 of 3 ' ) BRENDA R. TAYLOR, TY CLERK CITY OF BLAIR, NEBRASKA RESOLUTION # 2002 -12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, APPROVING A REDEVELOPMENT PLAN FOR REDEVELOPMENT AREA #1 IN THE CITY OF BLAIR, NEBRASKA. WHEREAS, the mayor and City Council of the City of Blair, Nebraska (the "City ") have previously declared an area in the City of Blair, as designated in the legal description described on the attached Exhibit `A' (the "Redevelopment Area ") to be blighted and substandard in accordance with Section 18 -2101 through 18 -2153 of the Nebraska Revised Statutes (The "Act "); WHEREAS, the Mayor and Council of the City, acting as a Community Redevelopment Agency, has recommended and hereby recommends to the Mayor and Council a Redevelopment Plan for the Redevelopment Area in the form presented at this meeting; WHEREAS, the City has presented the proposed Redevelopment Plan to the Planning Commission, and has received a resolution from the Planning Commission with respect to the Plan; WHEREAS, the City has held a public hearing with respect to the proposed Redevelopment Plan pursuant to Section 18 -2115 of the Act, following public notice as prescribed by the Act. At the public hearing, all interested parties were afforded a reasonable opportunity to express their views with respect to the proposed Redevelopment Plan. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska as follows: 1. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. 2. The Redevelopment Plan includes, to the extent applicable, a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenue from its disposal to redevelopers; a statement of the proposed method of financing the redevelopment project; and a statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area. 3. The Redevelopment Plan is hereby approved in the form presented to this meeting. 4. Any Resolution passed and approved prior to the passage, approval and publication of this Resolution which is in conflict with the terms and provisions of this Resolution is hereby appealed to the extent of such conflict. This Resolution shall take effect and be in full force and effect from date of its passage, approval and publication as required by law. The provisions of this Resolution are separable and in validity of any phrase, clause or part of this Resolution shall not affect the validity or effectiveness of the remainder of this Resolution. Passed and approved by the City of Blair this 12th day of March, 2002. City of Blair, Nebraska Bye 2 Exhibit "A" That portion of the City of Blair, Washington County, Nebraska, described as follows: Beginning at a point on the west boundary line of Twenty -fourth Street at the north/south mid point line of the east line of Block 18, Dexter's Addition; thence east through the north/south center line of Blocks 15, 16, and 17, Dexters Addition and through the north/south center line of Larsen Fourth Addition and the north/south center line of Lot 2, Block 14, News Second Addition to a point on the west line of Twentieth Street; thence north along the west line of Twentieth Street to the northeast corner of the intersection of Wright Street and Twentieth Street; thence east on the north line of Wright Street and due east across Nineteenth Street to a point on the east line of Nineteenth Street; thence south/southeast along the east line of Nineteenth Street to the northwest corner of Block 19, Dexter's Second Addition; thence east on the north line of said Block 19, Dexters Second Addition, to the east/west mid point of said north line of said Block; thence south to the center point of Block 19, Dexters Second Addition; thence east along the north/south center line of Block 19, Dexters Second Addition and due east across Eighteenth Street to the northeast corner of Tax Lot 357; thence due north to a point on the west line of the Chicago Northwestern Railroad right -of -way; thence due east across the Chicago Northwestern Railroad right -of -way, east along the north line of Tax Lot 330 and due east across Seventeenth Street to the northwest corner of Block 94, Fifth Addition to the City of Blair; thence south along the west line of Block 94, to the north/south center line of said Block; thence east through the center line of Blocks 94and 93, Fifth Addition, and due east across Fourteenth Street to a point on the east line of Fourteenth Street at the north/south center point of the west line of Block 92, Fifth Addition; thence south to the northeast corner of the intersection of Fourteenth Street and Park Street; thence east to the northwest corner of the intersection of Thirteenth Street and Park Street; thence north to the north/south mid point on the east line of Block 92, Fifth Addition; thence due east across Thirteenth Street and through the north/south center line of Blocks 91, 90, and 89, Fifth Addition; thence due east across Tenth Street to a point on the east line of Tenth Street; thence south along the east line of Tenth Street to the northeast corner of the intersection of Tenth Street and Iowa Street; thence east along the north line of Iowa Street to the point where said north line intersects with the right -of -way of the Chicago Northwestern Railroad; thence south/southeast to the southeast corner of the intersection of Fourth Street and new U.S. Highway 30; thence south along the east line of Fourth Street and due south across Grant Street to a point on the south line of Grant Street; thence west along the south line of Grant Street to the northeast corner of Tax Lot 199; thence south/southeast along the east lines of Tax Lot 199 and Tax Lot 198 to the east line of Tax Lot 198; thence south along the east line of Tax Lot 198 to the southeast corner of Tax Lot 198; thence west along the south line of Tax Lot 198 to the intersection of the east line of the Chicago and Northwestern Railroad right -of -way and the south line of Tax Lot 198; thence due north to a point on the south line of Grant Street; thence west along the south line of Grant Street to the southeast corner of the intersection of Grant Street and Ninth Street; thence due south to a point on the east line of the Chicago Northwestern Railroad right -of -way; thence south/southeast along the east line of the Chicago Northwestern Railroad right -of -way to the intersection of the Chicago Northwestern Railroad right -of -way and the southwest corner of Tax Lot 198; thence due west across the Chicago Northwestern Railroad right -of -way to a point on the west line of the Chicago Northwestern Railroad right - of -way; thence south/southeast along the west line of the Chicago Northwestern Railroad right -of -way to the northeast corner of Tax Lot 175; thence west along the north line of Tax Lot 175 to the northwest corner of Tax Lot 175; thence south along the west lines of Tax Lot 175, Tax Lot 22, Tax Lot 225 and Tax Lot 226, and due south across U.S. Highway 75 /Calhoun Boulevard to a point on the south line of U.S. Highway 75 /Calhoun Boulevard; thence north/northwest along the west line of U.S. Highway 75 to the southeast corner of Block 111, Eighth Addition; thence west along the south lines of Block 111, Eighth Addition, Horbach's Addition, due west across Sixteenth Street, west along the south line of Hugley's Addition and Block 112, Eighth Addition, due west across Seventeenth Street and along the south line of Beaty's Addition and Block 113, Ninth Addition, to the southwest corner of Lot 113, Ninth Addition; thence north along the west line of Block 113, Ninth Addition, to the southeast corner of Rhoades Park; thence due west along the south line of Rhoades Park, due west across U.S. Highway 30 and west along the south line of Davis Street to the southwest intersection of Davis Street and Twenty -first Street; thence due north across Davis Street and north along the east line of Block 2, McMenemey's Second Addition to the northwest corner of South Street and Twenty -first Street; thence west along the south line of T. M. Carter's Addition to the southwest corner of Lot 16, Block 2, T. M. Carter's Addition; thence north along the west line of said Lot 16, across the alley, and north along the west line of Lot 1, Block 2, T. M. Carter's Addition to a point on the south line of Colfax Street; thence due north across Colfax Street and along the west line of Tax Lot 557 and the west line of Tax Lot 467 to a point on the south line of Grant Street; thence due north across Grant Street to a point on the south line of Block 101, Original Town; thence east along the south line of Block 101, Original Town, to the northwest corner of the intersection of Twenty -first Street and Grant Street; thence north along the west line of Twenty - first Street to the southwest corner of the intersection of Washington Street and Twenty -first Street; thence west along the south line of Washington Street to the southwest corner of the intersection of Washington Street and Fontanelle Boulevard; thence north/northwest along the west line of Fontanelle Boulevard to a point on the west line of Fontanelle Boulevard which is due south of the east line of Tax Lot 247; thence due north across Fontanelle Boulevard and along the east line of Tax Lot 247 and across the Chicago Northwestern Railroad right -of -way to a point on the north line of the Chicago Northwestern Railroad right -of -way, thence east along the north line of the Chicago Northwestern Railroad right -of -way to the southeast corner of Lot 2, Block 6, Dexters Addition; thence north along the east line of said Block 2, Lot 6, to the southwest corner of the intersection of Twenty - fourth Street and Nebraska Street; thence north along the west line of Twenty - fourth Street to the point of beginning. A -2 RESOLUTION 2002 -13 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, City Code requires property owners to install and maintain sidewalks on the right of way adjoining their property, and WHEREAS, the City code requires all sidewalks to be maintained in a safe condition, and WHEREAS, the City Council has determined that the City of Blair needs to actively pursue the repair of broken, out of alignment and otherwise unsafe sidewalks for the protection of public health and safety, and BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA THAT the City of Blair adopts the following policy in regard to the repair and replacement of sidewalks in the City of Blair, Nebraska, to -wit: (1) The City has adopted standards for the sidewalk construction calling for all sidewalks to be a minimum of four inches (4 ") thick, four feet (4') wide and of concrete mix of sand and gravel, yielding not less than 3,000 pounds per square inch. (2) It shall be the policy of the City of Blair to pursue the repair of sidewalks as follows: 1) Comnlaints - The City will investigate reports of unsafe sidewalks from the general public and utility meter readers. 2) Criteria for Repair - (1) Any slab having any cracks in it that have a differential in height of at lease one -half inch ( /2 "); (2) Any slab having a hole or crack two inches (2") or more in diameter and at least one -half inch (%2 ") deep; (3) Any slab that is badly cracked or otherwise structurally unsound; or (4) Any slab that is up- heaved or recessed, thereby causing a change of grade in the sidewalk that of twenty percent (20 %) or more (one inch in height for every ten inches horizontal). 3) Investigation - Upon receiving a complaint of an unsafe sidewalk, the Director of Public Works (DPW) or, its designee, shall (a) inspect the sidewalk and mark any sections of the sidewalk that are in need of repair or replacement (b) the DPW will immediately notify property owner, by certified mail, requesting that they contact the DPW within fifteen (15) days and commit to a date by which the property owner's intent to have the repairs completed; provided further that such notice shall also advise the owners that they have the option to have the City of Blair cause such repairs to be performed and owner agrees to remit payment to the City for the cost of such construction. In the event the property owner does not contact DPW in a timely manner, the issue of unsafe sidewalk will be placed on the agenda of the Mayor and City Council. The Mayor and Council may, after reviewing the facts, by resolution declare any sidewalk or part thereof to be unsafe and unlawful and order that same be removed and properly rebuilt, and thereupon a certified copy of such resolution shall be served upon the owners of record of the premises adjacent to such sidewalk and all adult occupants thereof. Such service may be by any member of the Police Department of the City. If any of such owner is a non - resident of the City, or is not found in the City, service may be had on such owner by publishing a copy of such resolution one (1) time in a legal newspaper published in or of general circulation in the City. Unless such sidewalk or part thereof is removed and properly replaced within thirty (30) days following service of said resolution, or a written agreement and undertaking to remove and replace such sidewalk within a time and manner which shall be approved by the Mayor and Council and filed with the City Clerk within such thirty (30) day period, the Director of Public Works shall cause such sidewalk or part thereof to be thereafter removed, rebuilt and replaced and all reasonable costs of so doing shall be specially assessed against the adjacent lot and premise and collected, as by law provided, if so ordered by three- fourths (3/4) of the Council. 4) Special Assessment - All assessments made as referred to in paragraph B(3) above, shall be made and assessed in the following manner: Such assessments shall be made by the Council at any meeting by a resolution fixing the costs of the construction or repair of such work along the lot adjacent thereto as a special assessment thereon, the amount charged against the same, which, with the vote thereon, by "yeas" and "nays" shall be spread at length upon the minutes; notice of the time of holding such meeting and the purpose for which it is to be held shall be published in a newspaper published in and of general circulation in the City at least ten (10) days before the same shall be held, and all such assessments shall be known as "special assessments for improvements" and with the cost of notice shall be levied and collected as a special tax, in addition to the taxes for general revenue purposes, subject to the same penalties and collected in like manner as other City taxes; but such special assessments shall draw interest at a rate not to exceed the rate of interest specified in Section 45- 105.01 R.R.S. Neb. and as such rate may from time to time be adjusted by the Legislature; and the same shall be certified to the County Clerk at the same time as the next certification of general revenue purposes. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS MCMANIGAL VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12 DAY OF MARCH, 2002. ATTEST: (SEAL) vl BRENDA R. TA L O tfCITY CLERK STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY 4 CHAEL A. MINE INES, YOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12 day of March, 2002. BRENDA R. TAYLOR, C,y CLERK RESOLUTION NO. 2002 - 14 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, certain bicycle /pedestrian trails in the City of Blair, Nebraska have been designated as being eligible for the Enhancement Program portion of the Surface Transportation Program funds by the Department of Transportation, Federal Highway Administration. WHEREAS, the State of Nebraska, Department of Roads has submitted a proposed Agreement to the City of Blair, Nebraska for such Enhancement Program. WHEREAS, the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the Enhancement Program for certain bicycle /pedestrian trails in the City of Blair, Nebraska, designated Project No. STPB - 89(18) 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 tilt 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 BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF MARCH, 2002. ATTEST: BRENDA R. TAYLOR, ITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY MICHAEL A. MI1 , MA 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 12th day of March, 2002. BRENDA R. TAYLO CITY CLERK A G R E E M E N T (Program) PROJECT NO. STPB- 89(18) STATE CONTROL NO. 22079 City of Blair STATE OF NEBRASKA, DEPARTMENT OF ROADS Blair Deerfield Lions Trail THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter referred to as the "City ", and the State of Nebraska, Department of Roads, hereinafter referred to,as the "State ", WITNESSh:Ta: WHEREAS, certain bicycle /pedestrian trails, in the City have been designated as being eligible for the Enhancement Program portion of the Surface Transportation Program (STP) funds by the Department of Transportation, Federal Highway Administration, hereinafter called FHWA, in compliance with Federal laws pertaining thereto, and WHEREAS, the State retains the services of Olsson Associates whose business address is 1111 Lincoln Mall, Lincoln, NE 68508 hereinafter referred to as the "Enhancement Program Consultant" to manage the Enhancement Program, and WHEREAS, STP funds have been made available by Title United States Code, providing for improvements on eligible 23 of the trails, and WHEREAS, the Federal share payable will be a maximum of 80 percent of the eligible costs thereof, up to a maximum payment from Federal funds of $308,939.00 and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of such projects shall be paid only to the State; and WHEREAS, the City shall supervise the contract letting and shall ensure that the project receives the same degree of supervision and inspection as a project constructed under a contract let and directly supervised by the State, and WHEREAS, the State's responsibility is to provide project oversight to insure that the City or its Contractor is constructing the project in accordance with the approved plans and to further notify the City or its Project Manager when federal funding will be withheld or lost where such construction'of the project is not being prosecuted in accordance with the approved plans, and WHEREAS, regulations further permit the use of funds other than State funds in matching Federal funds for improvements of those trails, and WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of the proposed work and Federal funds for the construction of the proposed improvement, with the understanding that no Project No. STPB - 89(18) 1 City of Blair XL0222 ,State Funds are to be expended on this project, and WHEREAS, funding for the project under this agreement, includes pass - through monies from the Federal Highway Administration (FHWA). If a non - federal entity expends $300,000 or more in total federal awards in a fiscal year, then the A -133 Audit is required as explained further in the agreement, and 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 WHEREAS, it is the desire of the City that the project be constructed under the designation of Project No. STPB - 89(18), as evidenced by the Resolution of the City Council dated the 12mW day of MpRC4-1 , 20°2, attached and identified as Exhibit °B" and made a part of this agreement, and WHEREAS, the City has earmarked and will place in its fiscal budget $77,234.00, which is estimated to be the City's share of the cost of the Project; however, both parties recognize this is a preliminary estimate only and that the final costs may well be higher or lower than this preliminary estimate, and WHEREAS, the project indicated on the location map identified as Exhibit "C ", is described as follows: Preliminary engineering and construction of 6,700 linear feet of 10 -foot wide concrete trail and 400 linear feet of 8 -foot wide concrete trail. The trail will start near the intersection of 16th and Park Streets following an abandoned railbed that is owned by the city. The trail leaves the railbed near 18th Street and parallels Highway 75 within the State right -of -way. The trail will then connect to the Deerfield development located northwest of the city. WHEREAS, both parties agree all costs of this project will be the sole responsibility of the City if the proposed project improvements are not under construction contract prior to April 30, 2003. This includes repayment to the State of Federal funds reimbursed for preliminary engineering costs and payment of all other expenses incurred as specified in Section 25 of this agreement. NOW •xna arvxd, in consideration of these facts, the parties agree as follows: SECTION 1. The State agrees to present the above- mentioned project to the FHWA for its approval, if necessary. SECTION 2. The funding-for the project under this agreement includes pass - through federal monies from the FHWA. According to the Single Audit Act Amendments of 1996 and the implementing regulations contained in OMB Circular A -133, the A -133 Audit is required if the non- federal Project No. STPB- 89(18) City of Blair 2 entity expends $300,000 or more in total federal awards in a fiscal year. Non - federal entity means state and local governments and non- profit organizations. The City shall have its finance officer or auditor review the situation to determine what the City must do to comply with this federal mandate. If applicable, the expenditures related to the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal Awards under U.S. Department of Transportation as a pass through Nebraska Department of Roads, Federal CFDA Number 20.205. If an A -133 Audit is performed, the City shall send the audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509 -4759. SECTION 3. The City, with such assistance as may be required from the State, agrees to perform or cause to be performed a preliminary survey and all necessary plans, specifications and estimates for the proposed work. The City agrees to acquire any or all permits necessary to accomplish the project. SECTION 4. The project must be designed according to the following current publications: State of Nebraska Standard Specifications for Highway Construction, and the American Association of State Highway and Transportation Officials Cuide for the Development of Bicycle Facilities. The project will be designed to conform to Americans with Disabilities Act (ADA) Accessibility Guidelines. Any deviations from the above must be approves. by the State prior to preparation of plans. SECTION 5. The State agrees to reimburse the City, using Federal Funds, for 80 percent of the actual eligible cost of the improvement up to a maximum of $308,939.00. Progress billings to reimburse the City 95 percent of the eligible 80 percent costs may be submitted no more often than monthly until 95 percent of the maximum Federal share has been reimbursed. The final settlement between the State and the City will be made after final inspection and acceptance, and audit, if deemed necessary, and after final costs have been determined by the State. SECTION 6. The parties agree that the preliminary engineering, which includes project design and plan development, will be accomplished by the City or a consultant selected by the City. In all instances, the State, through the Enhancement Program Consultant, will draft the agreement between the City and the Consultant • prior to execution. Preliminary engineering is estimated to be $31,143, and the State agrees to reimburse 80 percent of the eligible costs thereof. It is understood by the parties that the State will rely on the professional performance and ability of the City or their consultant. Project No. STPB - 89(18) 3 City of Blair Any examination by the State, or any acceptance or use of the work product of the City or their consultant will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the City or their consultant which would relieve the City from any liability or expense that would be connected with the City's sole responsibility for the propriety and integrity of the professional work to be accomplished by the City. SECTION 7. The parties further agree the City is to advertise and conduct a letting and receive bids for the contemplated improvement. All plans, specifications and bid proposals, permits, and any other contract documents must be submitted to and approved by the State prior to any bid letting by the City. The selection of low bidders and the awarding of a contract or contracts must be submitted to the State, through the Enhancement Program Consultant, for concurrence. The City shall sign the contract. After signing, the City shall send a copy of the signed contract, including all plans and specifications, to the State, through the Enhancement Program Consultant, and to the District Engineer at the address shown in Section 5. Prior to advertising for Project Letting, the City shall forward a Right of Way Certificate to the City - County R.O.W. Coordinator, through the Enhancement Program Consultant. SECTION 8. The parties agree that the construction engineering, an expense eligible for matching Federal funds, which includes construction staking, inspection and field testing, will be accomplished by City forces or a consultant selected by the City with State assistance and review. The City agrees, if a Consultant is to be selected, that the method of selection and the resulting agreement between the Consultant and the City shall conform to the State's standard practices and will be subject to State review and concurrence prior to agreement execution between the City and the Consultant. Any construction engineering work performed more than 45 days prior to the letting date will be done at the expense of the City. Any dispute concerning a question of fact in connection with the construction engineering work not disposed of by this agreement shall be referred for determination to the State Engineer or his duly authorized representative whose decision in the matter shall be final and conclusive on the parties to the contract. The inspection, sampling and testing of all materials must be in accordance with the current State of Nebraska standard Specifications for Highway Construction, the State Materials Sampling Guide and the State Standard Methods of Tests. The City must send a letter of Project No. STPB- 89(18) 4 City of Blair certification to the State, through the Enhancement Program Consultant, stating that all test results of materials used on the project, manufacturer's certificates of compliance and manufacturer's certified test reports meet specification requirements for sampling and testing. The City will provide quality assurance, as may be required, to include random sampling and testing of material as well as random checks of test method procedures being performed by the inspector. In all cases, the City shall provide a Project Manager on a part -time basis who will be responsible for the prosecution of the project in accordance with the approved plans. The State will provide a Project Representative whose responsibility is to be available to advise the City's Project Manager where the project is not being built in accordance with the approved plans, and that the City's federal share of the project may be withheld for failure to comply with the plans. The City shall contact the State, through the Enhancement Program Consultant, for State Representative assignment prior to advertising for project letting. It is understood that any construction engineering services furnished by the State will be part of the cost of the project and the State's expenses therein will be included as costs of the project as specified in Section 23 hereof. The City shall provide a Project Manager to oversee the project and to ensure that the construction engineering performed by the City forces or the City's consultant comply with requirements for Federal funding. The Project Manager's services include, but are not limited to, arranging and presiding over the pre - construction conference, project management as required, and preparing contractor change orders and supplemental agreements. SECTION 9. The City agrees to locate and reference or have located and referenced all section corners, quarter section corners and sub- division lot corners required for construction of the proposed project in accordance with Section 39 -1708 et. seq., R.R.S. 1943 as amended. SECTION 10. The Federal share of this project must be reduced by any project specific local property assessments that exceed the appropriate local share on this project. SECTION 11. If Federal participation is to be received for any portion of the work on the proposed project, it is necessary that all phases of work, including but not limited to preliminary engineering, acquisition of right of way and construction be accomplished in accordance with the appropriate Federal requirements. SECTION 12. If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb. Rev. Stat. 48 -1101, through 48 -1126 (Reissue 1988), and all regulations relative to Project No. STPB - 89(18) 5 City of Blair nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "A" attached, and made a part of this agreement. The reference to "Contractor" in this exhibit means the "City." SECTION 13. The City shall have on file with the State an acceptable drug -free workplace policy. SECTION 14. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this reference into this agreement. B. Disadvantaged Business Enterprises Obligation The City and State agree to ensure that disadvantaged business 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 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 to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FAWA 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. Failure of the City to carry out the requirements set forth above will constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. SECTION 15. Changes to the project made by the City which affect the function or operation of the trails made either during construction or after the project is completed, will require prior approval of the State. Requests for changes during project construction must be made to the State Representative through the District Engineer's office. SECTION 16. Upon project completion and final inspection, the City shall send one set of "as- built" plans to the State, through the Enhancement Program Consultant. Project No. STPB- 89(18) City of Blair 6 SECTION 17. Upon completion, the City shall maintain this project at its own expense, and agrees to make provisions each year for the maintenance costs involved in properly maintaining this facility. SECTION 18. Any utility rehabilitations or installations made within the right of way of this project after execution of this agreement will be in accordance with the provisions of Federal -Aid Highway Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", Federal -Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, or a State approved Utility Accommodation Policy. In order to receive Federal -Aid Funds for this improvement, the City agrees to adopt the current "Policy for Accommodating Utilities on State Highway Right of Way." All nonbetterment municipally owned and operated utility rehabilitation costs within the corporate limits of the City will become a project cost, but that outside the corporate limits, only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private right of way will be reimbursed. Further, there will be no Federal reimbursement for private or nonmunicipally owned and operated utilities if they are located on public right of way, however, nonbetterment costs of privately owned and operated utilities will be reimbursed if they exist on privately owned right of way and it is necessary to rehabilitate the utilities due to this project. All such reimbursements must be based on items and estimates submitted by the utility and approved by the City and State. Should this project necessitate the nonbetterment rehabilitation of any municipally or privately owned and operated utilities, the parties agree to enter into a Supplemental Agreement to provide for the nonbetterment utility rehabilitation and the reimbursement to the City for the Federal share of the costs of the nonbetterment utility rehabilitation. The parties agree that should any nonbetterment utility rehabilitation be accomplished before State execution of a Supplement to this Agreement, the rehabilitation work will be at the sole expense of the City. Should any utilities include work which is eligible for reimbursement, the City shall pay the utility and bill the State for the Federal share. The State, subject to a final audit of the utility costs, will reimburse the City for the approved Federal share of the costs. SECTION 19. If Federal participation is requested in right of way appraisal or acquisition, the State on behalf of the City, will review appraisals and negotiations for any additional right of way. The City shall be responsible for any eminent domain proceedings required for Project No. STPB - 89(18) 7 City of Blair acquisition of the necessary property. The appropriate procedures as outlined in the current Nebraska Right of Way Manual approved by the FHWA shall be followed. Regardless of whether or not Federal funds are requested for the right of way, the City agrees to contact the State prior to beginning any right of way activity in order that the State may advise the City of the required right of way functions and procedures. It is understood that any right of way services furnished by the State shall be considered as a part of the cost of the project and the State's expenses therein shall be included as costs of the project as specified in Section 23 hereof. SECTION 20. The City agrees, at no cost to the project, to clear the present right of way of this project of all advertising signs. The City also agrees, at no cost to the project, to clear any other privately owned 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 of future encroachments, except those authorized by permit. SECTION 21. The City hereby agrees, and shall certify after accomplishment, that any right of way for this improvement not donated in compliance with FHWA guidelines will be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24, and the State's Right of Way Manual as approved by FHWA. SECTION 22. Traffic control during project construction shall conform with the Manual on Uniform Traffic Control Devices. Before final acceptance of the project by the State, all signing and marking will be in conformance with the Manual on Uniform Traffic Control Devices. The edition of the manual which is current at the time of final acceptance shall be used. SECTION 23. Costs incurred by the State with respect to the entire project will be part of the cost of the project to be paid out of City and Federal funds. Costs incurred by the State attributable to this project will not include any administrative costs or expenses of administrative officials. The State may, at its discretion, initiate progress invoices for costs incurred by the State during the progression of the project and the City agrees to pay such invoices within thirty (30).days of their receipt. The City's share of the total project cost shall be all costs not paid for by Federal funds. The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR 31) shall be applied to determine the allowability of costs incurred by the City under this agreement. The City shall maintain all books, documents, papers, accounting Project No. STPB- 89(18) 8 City of Blair records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three ( 3 ) years from the date of final payment under this agreement; such records to be available for inspection by the State and the Federal Highway Administration or any authorized representatives of the Federal government, and copies thereof shall be furnished by the City if requested. SECTION 24. It is mutually agreed that final approval of the project will be made by the State and that final payment cannot be made to the City until the project has been approved by the State. SECTION 25. It is understood by the City that payment for the costs of this project, whether they be services, engineering, right of way, utilities material or otherwise, are the sole responsibility of the City where Federal participation is not allowable or available. Therefore, where the Federal government refuses to participate in the project or any portion thereof the City is responsible for full project payment with no cost or expense to the State in such project or portion thereof. Should the project be abandoned before completion, the City will pay all costs incurred by the State prior to such abandonment. SECTION 26. The City understands and agrees that the sole duty of proper prosecution of the project, in accordance with the approved plans, belongs with the City, its Project Manager and Contractors, and that failure to properly prosecute and construct the project in accordance with the approved plans may result in the loss of federal funding. SECTION 27. The City agrees to acknowledge federal and state funding with proper signage such as recognition plaques on buildings or markers on trails. The funding acknowledgement shall state, "This project made possible through funds provided by the Nebraska Department of Roads Transportation Enhancement Program and the Federal Highway Administration." This statement shall also be incorporated into all press releases, web sites and printed information about the project. Project No. STPB - 89(18) 9 City of Blair IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this I Z day of /`1 CA , 20 4Z. WITNESS: City of Blair oka ig.P.A_ City Clerk RECOMMEND Dis � t Engine a Project No. STPB - 89(18) City of Blair 10 EXECUTED by the State this day of , 20/k012. STATE OF NEBRASKA DEPARTMENT OF ROADS R. James Pearson Transporta j on Enhancement Administrator X L 0 2 2 2 NONDISCRIMINATION CLAUSES 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 comply 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. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the basis of disability, race, color, sex, religion, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor 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 ", "B ", and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion, or national origin. (4) Information and 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 its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal'Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. EXHIBIT "A" 1 (5) Sanctions for Noncompliance: In the event of the contractors 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 appropriate, including but not limited to, (a) Withholding of payments to the contractor under the contract until the contractor complies, and /or (b) Cancellation, termination, or suspension of the contract, in whole or in part. (6) Incorporation 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 States. EXHIBIT "A" 2 RESOLUTION NO. 2002 -14 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, certain bicycle /pedestrian trails in the City of Blair, Nebraska have been designated as being eligible for the Enhancement Program portion of the Surface Transportation Program funds by the Department of Transportation, Federal Highway Administration. WHEREAS, the State of Nebraska, Department of Roads has submitted a proposed Agreement to the City of Blair, Nebraska for such Enhancement Program. WHEREAS, the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the Enhancement Program for certain bicycle /pedestrian trails in the City of Blair, Nebraska, designated Project No. STPB - 89(18) is acceptable to the Mayor and City Council. NOW THEREFORE, BE TT 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 B1FI AR. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF MARCH, 2002. EXHIBIT "B" A'1"1EST: (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA it TAYLOR, hereby certifies that she is the duly appointed, qualified and Acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of March, 2002. EXHIBIT "B" CITY OF BLAIR, NEBRASKA kg 11.1 51111 R RESOLUTION NO. 2002 - 15 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Union Pacific Railroad Company has submitted a proposed Agreement (attached hereto, marked Exhibit "A" and incorporated herein by this reference) to the City of Blair, Nebraska for the construction, maintenance and operation of an encased thirty - six inch (36 ") storm water pipeline crossing railroad property. 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 Union Pacific Railroad Company 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 FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WAITE. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, ABBOTT, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12 DAY OF MARCH, 2002. ATTEST: (SEAL) BRENDA R. TAYLO / 7 CITY CLERK CITY OF BL BRASKA BY MICHAEL A. MINAS, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of March, 2002. Page 2 of 2 ;2 1I �i BRENDA R. TAYLORyITY CLERK PL/WL!DRAINAGE INS. 02/16/01 Form Approved, AVP -Law EXHIBIT B -1 Union Pacific Railroad Company Insurance Provisions For Pipeline / Wireline / Drainage License Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Coverage for Licensee's (and Licensors) employees shall not be excluded • Waiver of subrogation B. Business Automobile Coveraae insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehides including owned, hired and non -owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS -90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self - insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. Page 1 of 2 s ' • PL X 986112 Form Approved, AVP -Law Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either, party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in past, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. pix.exb Page 4 of 4 Exhibit B PL X 980112 Form Approved, AVP -Law Section 10. INDEMNITY. plx.exb Page 3 of 4 , with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. (a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). As a major inducement and in consideration of the license mid permission granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Exhibit B • O PL X 980112 Form Approved, AVP -Law Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800- 336 -9193 (a 24 -hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever ( including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever n ature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared plx.exb Page 2 of 4 Exhibit B PL X980112 Form Approved, AVP -Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or, across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or- damages. ` (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUC;1'ION, MAINTENANCE AND OPERATION. (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and by the Licensor's Vice President- Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President- Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of. the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. plx.exb Page 1 of 4 Exhibit B PLACE ARROW INDICATING NORTH = DIRECTION RELATIVE TO CROSSING 4r A) B) 0) C) R FT. MIN. DIST (See Note 2) NO SCALE IS FT. I ., ...Ili 4, (. ; h= ' N /AFT. O g 9OFT. (SEE NOTE 3 a 5 0 C a 4–T yremont, NEC I NEAREST P. R. TOWN) 41, c., I I s I I, j; I MAIN TRACK eL c 12th Street /� / �� (D ISTANCE ALONG TR ( DES ) C (SEE FIXED 6) I EJECT) e ,Z ACK FROM SECTION LINE CROSSING) 2690 FT. Pi . S. ,- (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. / I AT LOCATIONS NOT USING SECTIONS, DISTANCE / TO A LEGAL SURVEY LINE IS REQUIRED) 0 I :. FT. - ) I I I L . ,,..,. � ` ROADBED www. uprr.com ENCASED NON - FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 7.5 FT. (4.5 FT MIN.) (20 FT., MAX.) CASING PIPET (see Note 4) 50 FT. - SUBGRAOE i J J. z – CARRIER PIPE 35 FT. 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. X NO' - IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES; T IF YES, NAME OF STREET N/A DISTRIBUTION LINE OR TRANSMISSION LINE CARRIER PIPE • COMMODITY TO BE CONI(1rYD Storm Water OPERATING PRESSURfi 11 / WALL THICKNESS ``++ ;DIAMETER 44" .MATERIAL RCP ; El CASING I WALL THICKNESS 5/8 ;DIAMETER 48" ;MATERIAL Steel ; NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING.PIPE. WHEN FURNISHING DIMENSIONS, GIVE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD � INSTALLING CASING PIPE UNDER TRACK(S): DRY BORE AND JACK (WET BORE NOT PERMITTED) ; TUNNEL ; OTHER G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? X YE Q AND SS;. --NO; H) JACKING WHENTMEASUREDOATTRIGHTTANGLES TOCTRACKB it 1) APPLICANT HAS CONTACTED 1 -800- 336 -9193, U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED V I C [ N I TY OF E FIBER OPTIC . ET NO. G 1 T 8U. 8 N/A FT. #SSQ. FT. (SEE NOTE 3 8 5) 1/� 06 • 50 • 28 • (ANGLE OF CROSSING) I I I I I I I +d Tarkson S,� (DESCRIBE FIXED OBJECT) T TE GROUND FT. SEAL CASING (3 FT. ION.) i j I Ps'5flT. I 'I I I I 1 I 86 FT. 86 FT. NOTES S (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) I) ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM % OF TRACK. 2) CASING TO EXTEND BEYOND THE 4. OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT -OF -WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 4. OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. S) ALLOWABLE FIXED OBJECTS INCLUDES BACKWALLS OF BRIDGES; W. OF ROAD CROSSINGS a OVERHEAD VIADUCTS (GIVE ROAD NAME), OR CULVERTS. B) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN ad To lQr_$ COY ( NEAREST R. R. TOWN) i 50 FT. EXHIBIT "A" I FOR RAILROAD USE ONLY/ FORM DR- 0404 —B REV. 5-15-98 RR' S R/W Missouri Wiley STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE .2500" 1/4" 12" OR LESS .3125" 5/16" OVER I2 " -IB" .3750" 3/8" OVER 18 " -22" .4375' 7/16' OVER 22" -2B' .5000' I /2" OVER 28 " -34" .5625" 9/16" OVER 34' -42" .6250" 5/8" OVER 42" -48" OVER 48" MUST BE APPROVED BY R. R. CO. FOR SMOOTH CHART IS PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90" /a 4,44 4r B `•_ MIN. DIST. (NOTE 2) UNION PACIFIC RAILROAD CO. ISUODIVISIDNI M. P 34 "" E. S. y 63St lOt ENCASED St*.• Se-+ •f CROSSING 1 AT `/A N& (NEAREST CijE& /LOIAITY) I STATE) 5/ = RR FILE NO.Z ' "�` WARN I N G IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE S 1- 800.336 -9193 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAIL By: Con Representative CITY OF BLAIR, NEBRASKA Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no• circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B -1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 02062 -72, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B -1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self - insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Article VI. TERM. UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right -of -way at Mile Post 342.060 on the BLAIR Subdivision, at or near Blair, Washington County, Nebraska, Folder No. 02062 -72 Union Pacific Railroad Company Real Estate Department 1800 Farnam Street Omaha, NE 68102 This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS -- NONE PL X 940206 Form Approved, AVP -Law Article I. LICENSE FEE IrELINE CROSSING AGREEMENT Mile Post: 342.060, Blair Subdivision Location: Blair, Washington County, Nebraska AUDIT2 Folder No: 02062 -72 THIS AGREEMENT is made and entered into as of February 6, 2002, by and between UNION PACIE'IC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor "), and CITY OF BLAIR, NEBRASKA, a Nebraska municipal corporation, whose address is 218 South 16th Street, Blair, Nebraska 68008 (hereinafter the "Licensee "). IT IS MUTUALLY AGREED BY AND BETWEEN PARTIES HERETO AS FOLLOWS: Upon execution of this Agreement, the Licensee shall pay to the Licensor a one -time license fee of ONE THOUSAND NINE HUNDRED SIXTY -NINE DOLLARS ($1,969.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby_ grants to the Licensee the right to construct -and thereafter, during the term hereof, to maintain and operate only an encased storm water pipeline crossing (hereinafter the "Pipeline ") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated February 4, 2002, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above - mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. R. D. Uhrich Assistant Vice President J. A. Anthony Director - Contracts D. D. Brown Director -Real Estate M. W. Casey General Director - Special Properties J. P.Gade Director - Facility Management ALLEN SCHOEMAKER CITY OF BLAIR 218 SOUTH 16TH STREET BLAIR NE 68008 Dear Mr. Schoemaker: Kenneth Robertson MTM Union Pacific Railroad Company 2204 Highway 30 East Missouri Valley IA 51555 Phone: 402 - 271 -5549 Cell: 402 - 681 -2604 Fax: 402- 271 -5552 Fiber Optics Hot Line: 1- 800 - 336 -9193 UNION PACIFIC RAILROAD COMPANY Real Estate Department UNION PACIFIC 1800 Farnam Street Omaha, Nebraska 68102 Fax: (402) 997 -3601 MAR 1 8 2002 Folder No. 02062 -72 J. L. Hawkins Director - Operations Support M. E. Heenan Director- Administration & Budgets D. H. Lightwine Director -Real Estate T. K. Love Director -Real Estate Re: Proposed Encased 44" Storm Water Pipeline Crossing of Railroad Property at Mile Post 342.060 on the Blair Subdivision at or near Blair, Washington County, Nebraska Attached is your original copy of our Agreement, fully executed on behalf of the Railroad Company. When you or your representative enter the Railroad Company's property, a copy of this fully - executed document must be available at the site to be shown on request to any Railroad employee or official. If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must be executed by the contractor and returned to me, together with their proof of insurance, as provided in this Agreement. In accordance with the terms of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance and the Fiber Optics Hot Line at least 10 days in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. A t r 6 PUWLIDRAINAGE INS. 02/16/01 Form Approved, AVP -Law - Other Reauirements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of insurance. H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licen`see's Fns urance agent(]broker((s), who have been insfruded - by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary. K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Page 2 of 2 RESOLUTION NO. 2002 -16 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, as follows: SECTION 1. That the proposed schedules for special assessments against properties in Paving District No. 178, be and is hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at City Council Chambers, 218 South 16th Street, Blair, Nebraska, on the 9' day of April, 2002, at 7:00 o'clock P.M., or as soon thereafter as the same may be heard, for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefitted by the improvements in Paving District No. 178; that notice of the time of holding such meeting and the purpose for which it is held shall be published in the Enterprise, a legal newspaper published and of general circulation in the City at least ten (10) days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. 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, ABBOTT, SHOTWELL, FANOELE, MCMANIGAL, BIFFAR, AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF MARCH, 2002. Page 1 of 2 lAti / A Y " A R. OR. C CLERK ATTES (SEAL) STATE OF NEBRASKA ) ):ss: WASHINGTON COUNTY ) day of March, 2002. Page 2 of 2 CITY OF BLAIR, NEBRASKA BY C f L 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 12 BRENDA R. TAYLOR, CITY CLERK RESOLUTION NO. 2002 - 17 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Option to Purchase Real Estate Agreement between the City of Blair, Nebraska, and HRMP, Inc. has been prepared and presented to the City Council, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. 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 ADOPTED THIS 12TH DAY OF MARCH, 2002. ATTEST: B ` ' ` ' A R. 1 AYL 3 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 12 day of March, 2002. B1MNDA R. TAYLOR, TY CLERK OPTION TO PURCHASE REAL ESTATE iN CONSIDERATION OF Ten Dollars ($10.00), paid to HRMP, Inc. (hereinafter referred to as "Seller "), receipt of which is hereby acknowledged, Seller does hereby give and grant unto the City of Blair, Nebraska (hereinafter referred to as `Buyer "), the exclusive option to purchase the real estate described as follows, to -wit: Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, in Block 45, City of Blair, Washington County, Nebraska ( "subject real estate "), together with the buildings and all other improvements thereon. This Option is given on the following terms and conditions, to -wit: 1. Option Price and Terms of Payment. The option price for the subject real estate and improvements is in the sum of Three Hundred Ninety -five Thousand Dollars ($395,000.00) to be paid in cash or by certified check at time of closing. 2. Period of Option and Closing Date. This Option may be exercised by giving written notice thereof to Seller at 1638 Lincoln St., Blair, Nebraska, at any time during the period from the date of this instrument until 5:00 o'clock P.M. on May 17, 2002. If the Option is timely exercised, Seller shall deliver to Buyer a Warranty Deed conveying marketable fee simple title, free and clear of all liens and encumbrances to the subject real estate and contemporaneously therewith, Buyer shall tender the purchase price in cash or certified funds. The closing date shall be on or before Monday, June 3, 2002. In the event that Buyer does not timely exercise this Option, the Option shall expire. 3. Exercise of Option. In the event Buyer timely exercises its option, then the parties hereto agree to the following terms and provisions, to -wit: 3.1 Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, issued through a licensed title insurance company, showing good and marketable title in Seller, 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 Seller a written legal opinion showing defects, if any, in the title to the above - described property on or before the date of closing. Seller, after written notice of defects 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 cured within a reasonable amount of time, then either party may terminate this Agreement. Seller and Buyer agrees to equally divide the cost of title insurance premium. 3.2 Warranty Deed. Upon payment by the Buyer to Seller of the purchase price, Seller 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 Paragraph 3.3 of this Purchase Agreement. (b) Protective Covenants. Easements and Other Restrictions of Record. Protective covenants, easements and other restrictions recorded of record; and (c) Other. None 3.3 General Real Estate Taxes. Real estate taxes for 2001 and prior years shall be paid 2 by Seller. Real estate taxes for 2002 shall be the obligation of Buyer. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 3.4 Possession. Seller shall have exclusive possession of the above - described real estate until date of closing. Any risk of loss to the property shall be borne by the Seller 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. Buyer shall assume all risk of loss from and after date of closing. 3.5 Termite Insnection. Buyer agrees that the cost of any termite inspection of the building and attached structures on the above - described real estate shall be borne by Buyer and the Seller agrees to pay for the cost of any treatment or reasonable repair work found necessary, or in the alternative, in the event that termite damage is discovered, for which repair work is necessary, the Seller may, at its option, terminate this Agreement. 3.6 Smoke Alarm(s). Seller agrees that smoke alarm(s) are currently installed or will be installed prior to date of closing. 3.7 Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 3.8 Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 3.9 Personal Inspection . This offer is based upon Buyer's personal inspection and investigation of the premises and not upon any representations or warranties of condition by 3 Seller or its agents. The Buyer represents to Seller that Buyer knows, has examined and has investigated to the full satisfaction of Buyer, the physical nature and condition of the property and the improvements thereon and the fixtures and appurtenances annexed thereto. Buyer acknowledges that this offer is based solely upon the personal inspection of the property by the undersigned Buyer and neither Seller nor any agent, attorney, employee or representative of Seller has made any representations whatsoever regarding the subject matter of this sale or any part thereof including (without limiting the generality of the foregoing) representations as to the 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 premises and the property to be transferred hereunder "as is" as of the date of execution of this Agreement. Buyer waives any right to make any claim whatsoever against Seller or Seller's agents before or after closing with respect to any defect, now known or hereafter discovered, to the property. Seller agrees to maintain, in proper working condition, until delivery of possession, the heating, air conditioning, water heater, sewer, plumbing and electrical system. 3.10 Seller shall pay all documentary stamps as a result of the sale. 3.11 Buyer agrees to pay all application fees, appraisals, origination fees, discount points, filing fees, or any other costs associated with Buyer's issuance of Public Safety Bonds. 3.12 Buyer shall be allowed to have a walk - through inspection of the premises within forty -eight (48) hours prior to closing. 3.13 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 shall be equally divided between the parties. 4 • 3.14 The parties hereto each represent to the other that no broker is entitled to a commission from any party in connection with this transaction. 4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, or representatives. ATTEST: STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) HRMP, INC., Seller CITY OF BLAIR, Buyer By The foregoing instrument was acknowledged before me this day of 2002, by c Q; J fr 4. /4, President of HRMP, INC., a Nebraska Corporation, on ,, ehalf of the Corporation. i i STATE OF NEBRASKA GENERAL NOTARY-State of Nebraska RITA R. WILKINS My Comm. Exp. I -a03(0 ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on) � 4c, 2002, by St/L. �..... ��. ni� _' of City of Blair'olitical Su ' 'sion. GENERAL NOTARY -State of Nebraska RITA R. WILKINS My Comm. Exp. a. I-Zoo 5 Notary Public Notary Public RESOLUTION NO. 2002 - 18 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Youth Sports Complex, Inc has been prepared and presented to the City Council providing for the terms and provisions for the mowing and general maintenance of the Youth Sports Complex Facility, Veteran's Field and Zimmerman Field, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALM, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BI.EFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF MARCH, 2002. ATTEST: (SEAL) CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 26 day of March, 2002 TAYLOR, YLO R, c CLERK R. MAINTENANCE AGREEMENT This Agreement entered into by and between the City of Blair, Nebraska, hereinafter referred to as "City" and the Blair Youth Sports Complex, Inc., hereinafter referred to as "Complex Board ". WHEREAS, on October 25, 1988, City entered into a lease with Complex Board whereby the Complex Board agreed to coordinate the baseball, softball and soccer sporting activities at the Blair Youth Sports Complex located on the following described real estate: From the North ' /4 corner of Section 12, Township 18 North, Range 11 East, and assuming the North line of the NE% of said section to bear N 89° 55' 45" E, thence N 89° 55' 45" E a distance of 33.0 feet to the point of beginning; thence continuing N 89° 55' 45" E a distance1263.35 feet; thence S 0° 04' 39" E a distance of 1297.05 feet; thence West a distance of 629.44 feet; thence N 0° 08' 28" E a distance of 332.51 feet; thence N 89° 51' 32" W a distance of 198.0 feet; thence S 0° 08' 28" W a distance of 333.0 feet; thence West a distance of 30.0 feet; thence N 0° 08' 28" E a distance of 331.60 feet; thence N 89° 59' 33" W a distance of 410.85 feet; thence N 0° 08' 28" E a distance of 963.84 feet to the point of beginning lying in the Nth /4 NE% of Section 12, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska, containing 33.03 acres more or less. (Youth Sports Complex Facility) WHEREAS, the Complex Board has indicated a desire to take over the mowing and general maintenance of the Sports Complex grounds along with field preparation for the Veteran's Field baseball diamond and Zimmerman Field softball diamond. FOR VALUABLE CONSIDERATION, THE PARHES DO HEREBY AGREE AS FOLLOWS: 1. Term. The term of this Agreement shall be for three (3) years commencing on April 1, 2002 and terminating on March 31, 2005; provided however, either party may terminate this Agreement by giving written notice to the other party on or before December 31 of any year, and Page 1 of 4 upon delivery of said written notice, this Agreement shall terminate as of March 31 immediately following the date of delivery of said written notice. 2. Complex Board Duties: The Complex Board agrees to perform the following services and duties during the term of this Agreement: (1) Youth Sports Complex Facility: The Complex Board shall provide all: (1) Garbage removal from the entire Sports Complex area and City agrees to provide a large dumpster on or near the facility so that all garbage may be deposited and removed from the premises; (3) (2) Mowing of all grass, including all soccer fields, infield and outfield grass of all baseball and softball fields and all City right -of -way immediately adjacent to the Youth Sports Complex Facility; (3) Cleaning of all bathrooms; (4) Field preparation for all baseball and softball games including grading of the fields and chalking of the foul lines; and, (5) Painting of all field markings on all soccer fields. Provided further, that the Complex Board shall pay and be responsible for the cost of all chalk necessary to mark all of the baseball and softball infields, and that the City will pay for all paint necessary to mark all of the soccer fields. (2) Veteran's Field (Legion/1Vlidget Field). The Complex Board shall be responsible for preparation of the dirt portion of the infield located at Veteran's Field, which preparation will include grading and chalking of the infield; City will be responsible for cleaning and maintaining all bathrooms, trash removal from Veteran's Field and for all mowing. Zimmerman Softball Field. Complex Board shall be responsible for preparation of the dirt infield at the Zimmerman Softball Field, which preparation shall include grading and chalking of all lines for the infield; provided further, that City shall be responsible for cleaning and maintaining all bathrooms, trash removal from Zimmerman Field and for all mowing. 3. City Obligation. As consideration for the services performed by Complex Page 2 of 4 Board, City agrees to the following: 4. Insurance. Complex Board agrees to provide City with a certificate of insurance evidencing that it maintains workman's compensation insurance for any of its employees and also maintains general liability insurance naming City as an additional insured for the activities specified hereinabove. Furthermore, Complex Board indemnifies City and agrees to hold City harmless for any loss, damage or injury caused by the negligent acts or omissions of Complex Board or any of its employees in furtherance of the provisions of this Agreement. DATED this 26th day of March, 2002. CITY OF BLAIR, NEBRASKA BLAIR YOUTH SPORTS COMPLEX INC. (1) Compensation. City agrees to pay to Complex Board, the sum of Fifteen Thousand Dollars ($15,000.00), on or before May 1 of each year during the term of this Agreement; (2) City agrees to provide to Complex Board two front mount mowers. It is understood that the ownership of these tractors shall be with the City of Blair, but that all maintenance during the term of this Agreement shall be at the expense of the Complex Board. Page 3 of 4 ATTEST: / I C4.7 r _ BRENDA R. TAYLOR, ('TY CLERK STATE OF NEBRASKA WASHINGTON COUNTY Before me, the undersigned a Notary Public in and for said county and state, personally came MICHAEL A. MINES, Mayor of the City of Blair, Nebraska, and the above - signed, MARK SEEFUS, President of the Youth Complex Board, known to me to be the identical persons who signed the above and foregoing Lease and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and seal this 26th day of March, 2002 ) :ss: ) lair NOTARY . state m N NOTARY PUBLIC omm. Exp. June 20, 2004 R. TAYLOR Page 4 of 4 RESOLUTION NO. 2002-19 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Street Improvement District No. 178 have been completed, and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Street Improvement District No. 178 have been specially benefitted by said improvements in the amounts as shown on said schedules and the amounts shown on said schedules do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Street Improvement District No. 178. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments and may be paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 7.5% per annum from and after the date of passage of this Resolution, and from and after the date of delinquency at the rate provided by law. Said installments for Street Improvement District 178 shall become delinquent in ten (10) equal installments, as follows: 1 /10th - May 29, 2002 1 /10th - one year from date hereof 1 /10th - two years from date hereof 1 /10th - three years from date hereof 1 /10th - four years from date hereof 1 /10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1 /10th - eight years from date hereof 1 /10th - nine years from date hereof SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City Clerk to the Treasurer of the City for collection. SECTION 4. The schedules of proposed assessments shall be attached to and made a part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER MCMANIGAL. UPON ROLL CALL, COUNCIL MEMBERS WAITE, ABBOTT, REALPH, SHOTWELL, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF APRIL, 2002. ATTEST: k 61 1 1 BRENDA R. TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY 'IcrIAEL A. i , 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 April, 2002. BRENDA R. TAYLOR, C ' CLERK Owner City of Blair 218 S. le St. Blair, NE. 68008 Marsha Ruwe 17614 County Road 14 Blair, NE. 68008 Georgia Mardelle Ryan 2116 Front Street Blair, NE. 68008 AG Bag International, 2320 S.W. Ag Bag Lane Warrenton, Oregon 87146 City of Blair 218 S. 16 St. Blair, NE. 68008 ASSESSMENT SCHEDULE STREET IMPROVEMENT DISTRICT NO. 178 Legal Front Cost/Front Description Footage ($) Lot 1, Block 84 66 Original Town Site City of Blair, Washington County, Nebraska Lot 12, Block 84 100 Original Town Site City of Blair, Washington County, Nebraska Lot 6, Block 85 EXCEPT 66 a tract described in WD in Book 22, Page 475 dated 10/22/1886 as follows: A strip of ground across Lots 5 and 6, Block 85 described as that portion of Lots 5 and 6 lying North and West of a straight line drawn from the Northeast corner of said Lot 5 to the Southwest corner of said Lot 6, all in Block 85 Original. Town Site, City of Blair, Washington County, Nebraska. Lot 7 and vacated alley 120 Block 85, Original Town Site City of Blair, Washington County, Nebraska. Alley located in Block 84, 20 City of Blair, Washington County, Nebraska • 86.54 86.54 86.54 86.54 Assessed Amount ($) $5,711.64 $8,654.00 $5,711.64 $10,384.80 $1,730.82 RESOLUTION NO. 2002-20 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: A RESOLUTION ENDORSING TRANSPORTATION IMPROVEMENTS FOR THE CITY OF BLAIR, NEBRASKA AND THE ENACTMENT BY THE NEBRASKA UNICAMERAL OF A NEW STATE -WIDE COMPREHENSIVE TRANSPORTATION PROGRAM. WHEREAS, one of the major responsibilities of City government is to plan for the immediate and long -term transportation needs of the City; WHEREAS, the City Council for the City of Blair, Nebraska ( "City"), has conducted the necessary investigations to identify the transportation capital improvements that are needed in the City; and, WHEREAS, these specific transportation capital improvements are essential to the health, safety and welfare of its citizens in the future; and, WHEREAS, these specific transportation capital improvements are vital to the economic well -being of the City and to its long -term growth and development; and, WHEREAS, the failure to undertake these transportation capital improvements will impede and may prevent the economic needs and goals of the City from being accomplished; and, WHEREAS, the City is unable to finance such capital transportation improvements without substantial assistance from the State of Nebraska and the Nebraska Department of Roads and other state government entities; and, WHEREAS, the State of Nebraska and the Department of transportation and other state government entities cannot sufficiently address the transportation needs of the City and other counties and cities across the state without the enactment of a new Comprehensive Transportation Program by the Nebraska Unicameral. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Priority Transportation Proiects. After careful investigation of the transportation needs in the City, the following transportation capital improvements are hereby declared to be vital to the economic growth and development of the City and the safety of its citizens: SEE EXHIBIT "A" HERETO ATTACHED. SECTION 2. New Comprehensive Transportation Program. The City hereby endorses and supports the enactment of a new Comprehensive Transportation Program by the Nebraska Legislature of sufficient size and magnitude to address the specific transportation capital improvements set forth in Section 1. SECTION 3. The City Clerk shall send copies of this resolution and any supporting documentation to: Governor Mike Johann; State Senators; all candidates for state senator; all local news media outlets; and the League of Nebraska Municipalities; and Nebraska on the Move. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT'. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF APRIL, 2002. ATTEST: (SEAL) BRENDA R. TAYLOR, C CLERK CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of April, 2002. /7,1/Adic (AAA_ BRENDA R. TAYLOR, C LERK COUNTY: LOCATION DESCRIPTION: Jackson Street from 3rd Street to 10th Street BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: VILLAGE: I Blair EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt; gravel, asphalt concrete, culvert or bridge) PCC AVERAGE DAILY TRAFFIC: unknown 'CLASSIFICATION TYPE 19 = , 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER DR2 SURFACING; SIGNATURE: X GRADING _ AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE BOX CULVERT: CULVERT: 12 ESTIMATED COST (IN THOU SANDS) * OPTIONAL Project Length = X CONCRETE X CURB &GUi!LIj X DRAINAGE STRUCTURES X EROSION CONTROL YES IN/A Bridges and Culverts Sized DIAMETER *COUNTY *Cry *STATE 375 ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH OTHER CONSTRUCTION FEATURES: Construct extensions onto the existing paved street to establish center turn lane_ (Nearest Tenth) 0.5 (State Unit of Measure) RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWALKS Page 1 LENGTH Hydraulic Analysis Pending *FEDERAL PROJECT NUMBER: Director of Public Works (as shown on Functional Classification Map) Local *OTHER THICKNESS 36' WIDTH LIGHTING TYPE TYPE TYPE TYPE TOTAL 375 M -157 (Y-170) DATE: ' I liE 2002 ONE AND SIX YEAR PLAN FORT E CITY OF BLAIR, NEBRASKA COUNTY! EI SIGNATURE: I LL III?w .11 1 .1 u I.I LOCATION DESCRIPTION: 10th Street from Highway 30 to Nebraska Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt; gravel, asphalt concrete, culvert orbndge) Asphalt over PCC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE 19 96 = 4850 , 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: 012 SURFACING: X GRADING AGGREGATE ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: DIAMETER LENGTH NIA Bridges and Culverts Sized Hydraulic Analysis Pending YES LI FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CrlY: ' V I Blair OTHER CONSTRUCTION FEATURES: Construct new roadway with new storm sewer. ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = i *COUNTY I *CITY 500 BOARD OF PUBUC ROADS CLASSIFICATIONS AND STANDARDS X CONCRETE X CURB & GUTTER X ,DRAINAGE STRUCTURES X EROSION CONTROL RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWAUCS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH - SPAN RISE LENGTH *STATE *FEDERAL (Nearest Tenth) PROJECT NUMBER: 0.2 (State Lint? o f Measure) re Director of Public Works Page 1 (as shown on Functional Classification Map) Other Arterial 9° THICKNESS 36' WIDTH *OTHER g UGHT1NG TYPE TYPE TYPE TYPE TOTAL COUNTY: LOCATION DESCRIPTION: Nebraska Street at Highway 75 EXISTING SURFACE TYPE AND STRUCTURES: PCC AVERAGE DAILY TRAFFIC: 19 96 = 1030:, DESIGN STANDARD NUMBER: BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE X GRADING _,AGGREGATE ,ARMOR COAT ASPHALT O YES FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT i NIA BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS CITY: Blair (such as dirt gravel, asphalt concrete, culvert. or bridge) 'CLASSIFICATION TYPE: (as shown on Functional Classification Map) 20 = Major Arterial PROPOSED IMPROVEMENT SURFACING: THICKNESS WIDTH X CONCRETE X CURB & GUTTER DRAINAGE STRUCTURES EROSION CONTROL RIGHT OF WAY X UTILITY APJUSTMENTS FENCING X SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct turn lanes and install traffic signals *COUNTY *CITY *STATE 17.5 17 (Nearest Tenth) NA (State Unit of Measure) Page 1 *FEDERAL PROJECT NUMBER: *OTHER 'VILLAGE: LIGHTING TYPE TYPE • TYPE TYPE TOTAL 350 M -157 (Y-212) llrLE DATE Director of Public Works Zi2-743 COUNTY: LOCATION DESCRIPTION: Wilbur Street BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT ICITY: Blair 'VILLAGE EXISTING SURFACE TYPE AND STRUCTURES: (such as dire; gravel, asphalt concrete, culvert or bridge) PCC AVERAGE DAILY TRAFFIC: 19 = DESIGN STANDARD NUMBER: GRADING AGGREGATE _,ARMOR COAT ASPHALT unknown 'CLASSIFICATION TYPE: 20 = PROPOSED IMPROVEMENT CONCRETE _ CURB & GUTTER " X DRAINAGE S t tUCTURES X EROSION CONTROL BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH NEW BRIDGE: ROADWAY WIDTH BOX CULVERT: SPAN RISE CULVERT: 24" DIAMETER 410 LENGTH RCP YES 1N/A Bridges and Culverts Sized [ Hydraulic Analysis Penang OTHER CONSTRUCTION FEATURES: Replacement of existing 18" CMP with new 24" RCP ESTIMATED COST *COUNTY (IN THQUSANDS) *OPTIONAL Project Length = SIGNATURE: 11111,11,1 it *CITY *STATE 16 (Nearest Tenth) 0.08 (State Unit of Measure) Page 1 SURFACING: THICKNESS RIGHT OF WAY _ U11UTY ADJUSTMENTS FENCING SIDEWALKS LENGTH LENGTH LENGTH *FEDERAL 1 *OTHER PROJECT NUMBER: TTr1.E Dir of Public Works (as shown on Functional Classfllcaton Map) Local DUGHTING TYPE TYPE TYPE TYPE TOTAL 16 B -78 (Y-02) WIDTH DATE: COUNTY: LOCATION DESCRIPTION: Hollow Road FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT l CrrY: VILLAGE Blair EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, orbridge) Rock AVERAGE DAILY TRAFFIC: unknown CLASSIFICATION TYPE (asshown on Functional Classification Map) 19 = , 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH X GRADING _ CONCRETE _ RIGHT OF WAY X ,CURB & GUTTER _ UTTUTY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES _ FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER LENGTH TYPE YES I INIA Bridges and Culverts Sized d HydraulicAnalysis Pending OTHER CONSTRUCTION FEATURES: Grade and replace existing culvert and restablish drainage ways. ESTIMATED COST *COUNTY ON THOUSANDS) "OPTIONAL Project Length = 0.32 SIG NATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS LIGHTING TYPE TYPE TYPE *CITY *STATE *FEDERAL *OTHER TOTAL 100 100 (Nearest Tenth) PROJECT NUMBER: (State Unit of Measure) B-04 (Y -01) rn�,E 1DATE: Director of Public Works Page 1 COUNTY: LOCATION DESCRIPTION: 1st Street from Highway 30 to River Road AVERAGE DAILY TRAFFIC: Project Length = SIGNATURE 19 DESIGN STANDARD NUMBER: X GRADING X ,AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: EYES I IN/A ESTIMATED COST `COUNTY (IN THOUSANDS) *OPTIONAL BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT 'CITY: VILLAGE: 1 Blair EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt; concrete, culvert, or bridge) None Unknown CLASSIFICATION TYPE: 20 = PROPOSED IMPROVEMENT X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL ROADWAY WIDTH LENGTH Unknown ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH Bridges and Culverts Sized © Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction of new overpass over railroad tracks. *DRY *STATE *FEDERAL 5000 (Nearest Tenth) 0.5 (State Unit of Measure) Page 1 SURFACING: X RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS PROJECT NUMBER: TITLE Dir of Public Works (as shown on Functional Classification Map) Local *OTHER THICKNESS OUGHTING TYPE TYPE TYPE TYPE TOTAL 5000 B-07 (Y-01) WIDTH 1 DATE + 2 � -9 2 f /� z COUNTY: LOCATION DESCRIPTION: Highway 91 from 20th Street to 25th Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt, concrete, culvert, or bridge) ACC Over PCC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE (as shown on Functional Classification Map) 19 96 = 6810 , 20 = Major Arterial PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = 0.5 SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: V B lair I ILLAGE _ 'GRADING _ CONCRETE _ RIGHT OF WAY — AGGREGATE _ CURB & GUTTER _ UTILITY ADJUSTMENTS _ ARMOR COAT _,DRAINAGE STRUCTURES _ FENCING X ASPHALT ,EROSION CONTROL SIDEWALKS DLIGHTING 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 DYES I IN/A Bridges and Culverts Sized 1 Hydraulic Analysis Penang OTHER CONSTRUCTION FEATURES: Mill and Overlay 4" of ACC on Exisitind Surface *CITY *STATE *FEDERAL *OTHER TOTAL 119 110 (Nearest Tenth) PROJECT NUMBER: (State Unit or Measure) B -82 (Y -02) flT1E DATE: Director of Public Works Page 1 COUNTY: LOCATION DESCRIPTION: Highway 30 from Lincoln Street to Highways 30 & 133 EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt concrete, culvert or bridge) PCC /ACC AVERAGE DAILY TRAFFIC: 'CLASSIFICATION TYPE: 19 96 = 1259E, 20 = DESIGN STANDARD NUMBER: X 'GRADING AGGREGATE ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: SIGNATURE: YES I N/A ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT ICTTY: VILLAGE: Blair OTHER CONSTRUCTION FEATURES: Reconstruction of state Highway 30 from 2 and 4 lanes to four lanes with center turning lane. BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS PROPOSED IMPROVEMENT DR2 SURFACING: X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH Bridges and Culverts Sized I1 Hydraulic Analysis Pending *COUNTY *CITY *STATE 2000 (Nearest Tenth) 2.0 (State Unit of Measure) Page 1 X RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWALKS *FEDERAL *OTHER 8000 PROJECT NUMBER: Direct of Public Works (as shown on functional Classification Map) Major Arterial 9" THICKNESS LIGHTING WIDTH TYPE TYPE TYPE TYPE TOTAL 10,000 M -157 (Y-175) 'DATE_ COUNTY: LOCATION DESCRIPTION: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT Repair and replacement of brick streets EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt concrete, culvert or bridge) Brick AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 20 = Local SIGNATURE (CITY: I Blair PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING X CONCRETE _ RIGHT OF WAY _ AGGREGATE X CURB & GUTTER _ UTILITY ADJUSTMENTS _ ARMOR COAT _ DRAINAGE STRUCTURES _ FENCING X ASPHALT EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE NEW BRIDGE BOX CULVERT: CULVERT: Project Length = ROADWAY WIDTH LENGTH TYPE ROADWAY WIDTH LENGTH TYPE SPAN RISE LENGTH TYPE DIAMETER LENGTH TYPE YES I N/A Bridges and Culverts Sized �raulic Analysis Pending OTHER CONSTRUCTION FEATURES: Brick streets will evaluated on a street by street baisis to determine best coarse of action in either repair or replacement. ESTIMATED COST *COUNTY *CITY (IN THOUSANDS) *OPTIONAL 500 *STATE (Nearest Tenth) 4.0 (State Unit of Measure) rrr�: Director of Public Works Page 1 *FEDERAL 1 *OTHER PROJECT NUMBER: (VILLAGE: LIGHTING TOTAL 500 M -157 (Y-213) DA TE COUNTY: LOCATION DESCRIPTION: Highway Bypass corridors - Highway 30 & 133 area to Highway 30 East and Highway 30 East to Highway 75 North EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt gravel, asphalt concrete, culvert or bridge) Dirt AVERAGE DAILY TRAFFIC: 19 DESIGN STANDARD NUMBER: IJI .111J11 11.1111 di ..1 E,l X GRADING _,AGGREGATE _ ARMOR COAT ASPHALT Project Length = SIGNATURE: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT I CITY Blair 'VILLAGE: UnknoWtl CLASSIFICATION TYPE: (as shown on Functional Classification Map) 20 = None PROPOSED IMPROVEMENT SURFACING: X CONCRETE X CURB & GUTTER k DRAINAGE STRUCTURES X EROSION CONTROL ESTIMATED COST *COUNTY *CITY (I» THOUSANDS) "OPTIONAL 4676 RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS BRIDGE TO REMAIN IN PLACE TYPE NEW BRIDGE: TYPE BOX CULVERT: TYPE CULVERT: TYPE E]YES I IN/A Bridges and Culverts Sized x Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct new Highway Bypass from Highway 133 to Highway 75 around east ,side of city to Highway 75 north of the city ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH *STATE *FEDERAL (Nearest Tenth) 7.75 (State Unit of Measure) Page 1 PROJECT NUMBER: *OTHER THICKNESS WIDTH D LIGHTING TOTAL 4676 M -157 (Y-157) TITLE DATE Director of Public Works e- COUNTY: LOCATION DESCRIPTION: AVERAGE DAILY TRAFFIC: 1996 = 1120, DESIGN STANDARD NUMBER: BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: SIGNATURE x GRADING AGGREGATE _ARMOR COAT x ASPHALT D YES u ESTIMATED COST *COUNTY (!N THOUSANDS) *OPTIONAL Project Length = BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT 'CITY: 'VILLAGE: 0.2 Blair 1 Ott Street from Jackson Street to Adams Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt grave!, asphalt concrete, culvert or bridge) ACC CLASSIFICATION TYPE: (as shown on Functional Classification Map) 0 = ____� Other Arterial PROPOSED IMPROVEMENT DR2 SURFACING: 7" & 2" THICKNESS 36' WIDTH X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL *CITY *STATE 100 (Nearest Tenth) (State Unit of Measure) _ RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH LIGHTING TYPE TYPE TYPE TYPE N/A Bridges and Culverts Sized © Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct PCC extensions onto the existing paved street to establish center turn lane. *FEDERAL PROJECT NUMBER: TIRE: Direc of Public Works Page 1 *OTHER TOTAL 100 M -157 (Y-177) !DATE; eiZil COUNTY: LOCATION DESCRIPTION: Arthur Road EXISTING SURFACE TYPE AND STRUCTURES: Rock BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: DYES J EN/A ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE x GRADING _ ,AGGREGATE ARMOR COAT ASPHALT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT (CITY Blair X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL (Nearest Tenth) 0.27 (State Unit of Measure) !VILLAGE: (such as dirt gravel, asphalt concrete, culvert or bridge) AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION "TYPE: 19 = , 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25' WIDTH RIGHT OF WAY X UTILITYADJUSTMENTS FENCING SIDEWALKS ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH DIAMETER LENGTH Bridges and Culverts Sized fl Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Pave with PCC pavement between existing pavement *CITY *STATE *FEDERAL 200 1771E Director of Public Works Page 1 PROJECT NUMBER: (as shown on Functional Classification Map) Local *OTHER LIGHTING TYPE TYPE TYPE TYPE TOTAL 200 B-02 (Y -01) 'DATE COUNTY: LOCATION DESCRIPTION: Garfield Road EXISTING SURFACE TYPE AND STRUCTURES: Rock AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE: 19 = , 20 = PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25' WIDTH SIGNATURE x GRADING AGGREGATE ARMOR COAT ASPHALT Project Length = FORM- 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: DYES I tWA OTHER CONSTRUCTION FEATURES: Pave with PCC pavement between existing pavement ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL 013, BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS ICITY: X CONCRETE X CURB & GUTTER X DRAINAGE STRUCTURES X EROSION CONTROL ROADWAY WIDTH ROADWAY WIDTH SPAN RISE DIAMETER Bridges and Culverts Sized 100 'VILLAGE: Blair (such as dirk gravel, asphal4 concrete, culvert; or bridge) RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING SIDEWALKS LENGTH LENGTH LENGTH LENGTH X Hydraulic Analysis Pending "CITY *STATE *FEDERAL *OTHER (Nearest Tenth) PROJECT NUMBER: (State Unit of Measure) Dir of Public Works Page 1 (as shown on Functional Classification Map) LacW LIGHTING TYPE TYPE TYPE TYPE TOTAL 100 B -03 (Y -01) DATE ala -74- COUNTY: LOCATION DESCRIPTION: 16th Street from Nebraska Street to Adams Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dir4 gravel, asphalt concrete, culver4 or bridge) PCC /ACC AVERAGE DAILY TRAFFIC: 19 DESIGN STANDARD NUMBER: x GRADING _ AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE: ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER LENGTH DYES 1_1 WA Bridges and Culverts Sized x Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construct PCC extensions onto the existing street to establish center turn lane ESTIMATED COST *COUNTY . (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND'STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT NA CLASSIFICATION TYPE: 20 = PROPOSED IMPROVEMENT DR2 SURFACING: X CONCRETE X CURB &GUTrER X DRAINAGE STRUCTURES X EROSION CONTROL *CITY 'STATE 150 ICrrr. (Nearest Tenth) 0.35 (State Unit of Measure) ( VILLAGE: Blair RIGHT OF WAY X UTILITY ADJUSTMENTS FENCING X SIDEWALKS Director of Public Works Page 1 "FEDERAL PROJECT NUMBER: (as shown on Functional Classification Map) Local r THICKNESS 31' WIDTH 'OTHER 0 LIGHTING TYPE TYPE TYPE TYPE TOTAL 150 B -77 (Y-02) DATE. - /� 7 / G 7/1, COUNTY: LOCATION DESCRIPTION: 1 0th Street from Prosect to Grant Street EXISTING SURFACE TYPE AND STRUCTURES: (such as din; gravel, asphalt concrete, culvert or bridge) Dirt AVERAGE DAILY TRAFFIC: NA CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 - �-r- -- = 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR1 SURFACING: 8" THICKNESS 31' WIDTH x GRADING X CONCRETE X RIGHT OF WAY AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES _, FENCING ASPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE NEW BRIDGE`. BOX CULVERT: Unknown BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT ICTTY: VILLAGE: i Blair ROADWAY WIDTH LENGTH ROADWAY WIDTH LENGTH SPAN RISE LENGTH CULVERT: DIAMETER LENGTH DYES L_1 N/A Bridges and Culverts Sized is Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Constuct with PCC pavement between existing pavements ESTIMATED COST *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE *CITY 400 *STATE "FEDERAL (Nearest Tenth) PROJECT NUMBER: 0.5 (State Unit of Measure) TffLE Director of Public Works Page 1 *OTHER LIGHTING TYPE TYPE TYPE TYPE TOTAL 400 B -76 (Y-02) DATE COUNTY: LOCATION DESCRIPTION: Clark Street from Highway 30 South to 25th Street EXISTING SURFACE TYPE AND STRUCTURES: Seal Goat AVERAGE DAILY TRAFFIC: 19 = X GRADING AGGREGATE ARMOR COAT ASPHALT BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT CITY: VILLAGE Blair DESIGN STANDARD NUMBER: (such as diet, grave!, asphalt, concrete, culvert, or bridge) Unknown CLASSIFICATION TYPE: (as shown on Functional Classification Map) 20 = Local PROPOSEDIMPRO DR2 SURFACING: X CONCRE i t RIGHT OF WAY X CURB & GUTTER X UTILITY ADJUSTMENTS X DRAINAGE STRUCTURES _, FENCING X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH NEW BRIDGE ROADWAY WIDTH LENGTH BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER LENGTH DYES LI NIA Bridges and Culverts Sized El Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES; Contruction of new reoad surface with curb and gutter. ESTIMATED COST *COUNTY (iN DIOijSANDS) *OPTIONAL Project Length = SIGNATURE: *CITY STATE *FEDERAL 500 (Nearest Tenth) PROJECT NUMBER 0.38 (State Unit ofMeasure) Director of Public Works Page 1 T' THICKNESS 25' WIDTH *OTHER LIGHTING i B480 (Y -02) TOTAL 500 TYPE TYPE TYPE TYPE DATE: 1 'COUNTY: ' LOCATION DESCRIPTION: Highway 91 and 23rd Street Intersection EXISTING SURFACE TYPE AND STRUCTURES: - Asphalt over PCC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE (as shown an Functional Classification Map) 19 96 = 2205 , 20 = Major Arterial PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 1 O THICKNESS 38' WIDT1 -I 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 DYES I X IN/A Bridges and Culverts Sized ❑�HydraulicAnalysis Pending 011 -IER CONS c RUCTION FEATURES: Reconstruction of the intersection to allow for left turn lane and better sign distance_ ESTIMATED COST (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE X GRADING AGGREGATE ARMOR COAT X ASPHALT 1 *COUNTY BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT (CITY: VILLAGE: J Blair X CONCRETE X CURB & GUTTER • DRAINAGE STRUCTURES EROSION CONTROL *PITY *STATE 175 (such as dirty gravel, asphalt, concrete, culvert; or bridge) (Nearest Tenth) (State Unit of Measure) X RIGHT OF WAY X .UTILITY ADJUSTMENTS X FENCING X SIDEWALKS Tm- Director of Public Works Page 1 *FEDERAL *OTHER PROJECT NUMBER: DLIGHTING TOTAL 175 B-79 (Y-02) COUNTY BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE— AND SIX YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT ! CITY: Blair LOCATION DESCRIPTION: 25th Street from Clark Street to Elm Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dkk gravel, asphalt concrete, culvert, or bridge) 'Seal Coat =AVERAGE DAILY TRAFFIC: Unknown CLASSIFICATION TYPE (as shown on Functional ClassiFication Map) 19 = 20 Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS _.... _........ _..._ 2 5` WIDTH S1GWATURE: X G RADING X CONCRETE � RIGHT OF WAY AGGREGATE X CURB &GUTTER X ,UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES _ FENCING ASPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE :BOX CULVERT: SPAN _RISE LENGTH TYPE —___Y :CULVERT: DIAMETER LENGTH TYPE D YES L _____1 N/A Bridges and Culverts Sized El Hydraulic Analysis Pending THER CONSTRUCTION FEATURES: Conduction of new reoad surface with curb and clutter. ESTIMATED COST (IN THOUSANDS) *OPTIONAL i *COUNTY 'Project Length = 0.19 *CITY *STATE *FEDERAL *OTHER TOTAL 250 B -81 (Y-02) 250 1 (Nearest Tenth) PROJECT NUMBER: (State Unit of Measure) TITLE Dir of Public Works Page 1 'VILLAGE: 0 LIGHTING ID ATE: 7 7 7 _-__ RESOLUTION NO. 2002 - 21 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program; and, WHEREAS, the City of Blair, Nebraska, has obtained its citizens' comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $350,000.00 for assistance in financing sidewalk repair, curb cuts and installation of ramps to meet ADA standards and gap infill where sidewalks do not exist in Blair. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Mayor and City Clerk of the City of Blair, Nebraska be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Blair and the Nebraska Department of Economic Development so as to effect acceptance of the grant of application. COUNCIL MEMBER WAITE 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, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF APRIL, 2002. 1I.i 111111 Yw .411 ∎13we JR IIJI11■4i1.111.1■1 1 CITY OF BLAIR, NEBRASKA BY HAEL A. MINES YOR 1 1 ;e43 •a',1, It ' ..avasam, 11 1 1 1 111 1 1 11 II6118L; Al TEST: &„„,/, BRENDA R. TAYLO ITY CLERK 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 22' day of April, 2002 zta, BRENDA R. TAYLOR, t4 CLERK COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of general local government authorized to file an application with the State of Nebraska, Department of Roads for Local Road and Street Improvements Program; and WHEREAS, the purpose of the grant is to remove Bridge No. UO28G3305 on North 10 Street in the City of Blair, Washington County, Nebraska and replace it with a concrete box culvert to be sized during design. NOW THEREFORE, BE IT FURTHER RESOLVED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk are hereby authorized and directed to proceed with the formulation of any and all contracts, forms, documents, instruments, or other memoranda between the City of Blair, Nebraska and the State of Nebraska, Department of Roads for Local Road and Street Improvement Program so as to effect acceptance of the grant application. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that in the event the grant is approved, the City of Blair, Nebraska, agrees to enter into an agreement with the State of Nebraska, whereby the City of Blair, Nebraska would pay and be responsible for Twenty Percent (20 %) of the cost of design and installation of the concrete box culvert. COUNCIL MEMBER FANEOLE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFARVOTING "AYE," AND COUNCIL MEMBERS NONE VOTING "NAY," THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23' DAY OF APRIL, 2002. A'1"1'EST: B ' NDA R. TAYLO ' ' TY CLERK (SEAL) RESOLUTION NO. 2002-22 CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 23rd day of April, 2002. BRE ' A R. TAYLOR, C CLERK RESOLUTION NO. 2002 - 23 COUNCILMEMBER WAITE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, on or about September 11, 2001, the City Council for the City of Blair, Nebraska approved and adopted a replat entitled "Deerfield Replat, Lots 1R through 20R, inclusive, being a replat of Lots 5A through 17B, Deerfield Subdivision, City of Blair, Washington County, Nebraska." WHEREAS, it was recently brought to the attention of the City Council that the metes and bounds description for Lots 1R through 20R were incorrect due to an error in the drafting of the replat document and that it is necessary to approve a corrected version of the Deerfield Replat. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council for the City of Blair, Nebraska that the City of Blair does hereby accept and approve the "Corrected Deerfield Replat I, Lots 1R through 20R, inclusive, being a replat of Lots 5A through 17B, Deerfield Subdivision, City of Blair, Washington County, Nebraska" which has a Surveyor's Certificate dated March 12, 2002, and is signed by Melvin G. Samples, a registered land surveyor in the State of Nebraska; furthermore, attached hereto, marked Exhibit "A ", and incorporated by this reference herein is a copy of the Corrected Deerfield Replat I. COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS WAITE, REALPH, SHOTWELL, BIFFAR, FANOELE, MCMANIGAL AND WOLFF VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 2ERD DAY OF APRIL, 2002. CITY OF BLAIR, NEBRASKA BY `MICHAEL A. MANES, MAYOR ATTEST: B ' NDA R. TAYLOR, 'M 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 23r day of April, 2002. /j1 BRE 3A R. T CITY ERK RESOLUTION NO. 2002 -24 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has approved a master trail design for the City of Blair and that Phase II of the master trail design consists of a trail beginning at the intersection of Highway 75 and 22 Street, intersecting with the Deerfield and Lions Park Trail System and proceeding in a westerly fashion to intersect with the Black Elk Park Walking Trail System; provided further, that the estimated project cost of Phase II is in the sum of $373,000.00 and that federal or state matching funds may be available to pay a portion of such cost. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk are hereby authorized to apply for a federal and/or state grant through the Transportation Enhancement Program as administered by the Nebraska Department of Roads in an amount equal to eighty percent (80 %) of the project cost; and furthermore, that in the event the grant is approved, and the City of Blair accepts such grant, the City of Blair agrees to pay an amount equal to twenty percent (20 %) of the project cost. 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, ABBOTT, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14TH DAY OF MAY, 2002. CITY OF BLAIR, NEBRASKA (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRTENDA 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 14th day of May, 2002. - GOVERNMENT AGENCY NAME: CITY OF BLAIR AGENCY CONTACT PERSON: Allen Schoemaker MAIUNG ADDRESS: (Street) 218 S 16th Street DAYTIME PHONE NO.: (402) 426 -4191 SIGNATURE OF CONTACT PERSON: GOVERNMENT AGENCY SIGH ■ aE: Nebraska Department of- Roads Transportation Enhancement Program Intent -to -Apply Form FAX NO.: (402) 426 -4195 Blair E -MAIL: TITLE: PLEASE DESCRIBE THE PROP USED PROJECT AND ITS PURPOSE: The City of Blair would like to propose a Phase II to the new bike trail system in the City of Blair. The second phase trail would begin at Highway 75 and 22nd Street intersection intersecting with the Deerfield and Lions trail and cross through the Good Shepherd Nursing Home property to College Drive. Then the trail will cross Couble Creek from the East to West, then South along Cauble Creek to the baseball and softball fields of Dana College. The trail will then turn West to the East side of 27th Street, then turn South to the intersection of 27th and Nebraska Streets. The trail would then go West along Dana College soccer and football fields. The trail would end with a tie into the Black Elk Park walking trail system. We would propose a spur from the main trail along the West side of Dana College's football field to the college's sidewalk system linking the two together. The proposed trail will be constructed with concrete 10' wide and 6" thick. Please limit your response to the space provided. TYPE OF GOVERNMENT AGENCY: (check one) ❑ Village Pf City ❑ County ❑ NRD ❑ State ❑ Other TITLE: Director of Public Works CITY: STATE: ZIP: ARS @ci.blair.ne.us ESTIMATED PROJECT COST: $373,000.00 Mayor NE 68008 PLEASE IDENTIFY THE PUBLIC BENEFIT OF THIS PROJECT AND HOW IT IS LINKED TO TRANSPORTATION: This trail will continue to develop the City of Blair's bike trail system as outlined by the City's master bike trail plan. In addition the trail will link a large portion of the city's west side including an existing walking trail area, city park, and hospital to the city's bike trail system. • RESOLUTION NO. 2002-25 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2002 -17 the City of Blair entered into an Option to Purchase Real Estate with HRMP, Inc. for Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 in Block 45, City of Blair, Washington County, Nebraska, ( "subject real estate "). WHEREAS, pursuant to Resolution No. 2002 -11, the City of Blair submitted a special issue to the electors of the City of Blair to determine, among other things, whether or not to purchase and remodel the subject real estate (formerly known as the Safeway Building) and that said special issue is set for election on May 14, 2002. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that in the event that the Election Commissioner for Washington County, Nebraska certifies that a majority of the voters casting a ballot in regard to the special issue approved the purchase of the subject real estate (Safeway Building), then, upon such certification to the City Clerk of the City of Blair, Nebraska, the Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized to perform the following: 1) Exercise of Option: To exercise the option granted pursuant to the terms and provisions of the Option to Purchase Real Estate (Safeway Building) with HRMP, Inc., and deliver such exercise of option to representatives of HRMP, Inc., on or before 5:00 o'clock P.M. on May 17, 2002; and, 2) Financing: The City Administrator is hereby authorized to contact Ameritus Corp. to commence in the process of issuance and placement of warrants and/or bonds to fund the purchase price of the subject real estate and contract all improvements thereon. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, SHOTWELL, REALPH, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14TH DAY OF MAY, 2002. Ai L EST: BRElA :=T4XLOR, +CjfTY CLERK (SEAL) STATE OE NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA B CHAEL A. I I S, MAYOR BRTENDA R. TAYLOR hereby certifies that she is the duly appointed, qiu lifted and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of May, 2002. A R. TAYLOR, CTI/CLERK TO: HRMP. INC. DATE: May 16.2002 NOTICE OF EXERCISE OF OPTION TO PURCHASE The City of Blair, Nebraska does hereby exercise its option to purchase Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 in Block 45, City of Blair, Washington County, Nebraska, pursuant to the terms of the Option to Purchase dated March 1, 2002. CITY OF BLAIR, NEBRASKA oil RESOLUTION NO. 2002 - 26 COUNCIL MEMBER 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. WHEREAS, to accommodate a temporary detour due to the current construction on 10 Street, it is necessary to prohibit, on a temporary basis, parking on 12 Street between Jackson Street and Washington Street and on Park Street, Nebraska Street, State Street and Jackson Street from 10 Street to 12 Street at such times as to be determined at the discretion of the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the east side and west side of 12 Street between Jackson Street and Washington Street and on the north side and south side of Park Street, Nebraska Street, State Street and Jackson Street from 10 Street to 12 Street during the period of construction on 10 Street, at such times as to be determined at the discretion of the Director of Public Works; provided further, that upon completion of current construction project on 10 Street, the temporary no parking restrictions shall terminate and the parking regulations in effect on the date of adoption of this Resolution shall be reinstated. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS WOLFF, ABBOTT, REALPH, WAITE, SHOTWELL, FANOELE, MCMANIGAL AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF JUNE, 2002. ATTEST: BRENDA R. TAYLOR, ' XTY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY MICHAEL A. S, 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 11th day of June, 2002. A R. TAYLOR, CIi CLERK RESOLUTION 2002- 27 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: SECTION 1. The Mayor and City Council hereby find and determine that it is necessary and advisable that the City, under the authority granted by Sections 18 -2001 to 18 -2004, inclusive, R.R.S. Neb. 1943, as amended, cause the following unpaved street within the City of Blair, Nebraska to be improved by grading, curbing, guttering and paving together with necessary appurtenances, to -wit: Arthur Street, from the existing concrete paving in Garfield Street, east to the existing concrete paving at 2 Street, within the City of Blair, Nebraska, said project to be known as Gap Paving Project No. 180. SECTION 2. It is found and determined that the above - described unpaved street to be improved in Gap Paving Project No. 180 shall meet the following criteria: (a) the portion of said street to be improved does not exceed two blocks including intersectian, or 1,325 feet, whichever is lesser, that said street is otherwise paved and with the paving will be one continuous paved street, (b) intersects a paved street for a distance of not to exceed one block on either side of such paved street, or (c) connects with a major traffic street for a distance not to exceed one block from such major traffic street. SECTION 3. The costs of such improvements, excepting street intersections, shall be assessed against the property benefited by said projects in proportion to such benefits in accordance with Section 18 -2003 R.R.S. Neb. 1943, as amended. COUNCIL MEMBER WAITE 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, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JULY, 2002. ATTEST: (SEAL) BRENDA R. TAYLOR, CIS CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, BY i�,,,l `7GIICHAEL A. r ES, • YOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of July, 2002. CLERK RESOLUTION NO. 2002 - 28 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the Replacement of an Existing Bridge with a Box Culvert on 10 Street in Blair, Nebraska. WHEREAS, said Agreement designated Project No. BR- 6459(3) 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, and the Mayor and City Clerk are authorized to execute the same. 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 WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WAITE, REALPH, ABBOTT WOLFF, SHOTWELL, MCMANIGAL AND BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS NONE VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JULY, 2002. ATTEST: BRENDA R. TAYLOR,;GITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of July, 2002. /7 / BRENDA R. TAYLOR, TY CLERK AGREEMENT CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS PROJECT NO. BR- 6459(3), STATE CONTROL NO. 22094 10 STREET IN BLAIR REPLACE EXISTING BRIDGE WITH A BOX CULVERT THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter referred to as the "City", and the State of Nebraska, Department of Roads, hereinafter referred to as the "State ", W ITNESSETH: WHEREAS, certain bridges have been designated as being eligible for Bridge Replacement (BR) Funds by the Department of Transportation, Federal Highway Administration, hereinafter called the FHWA, in compliance with Federal laws pertaining thereto, and WHEREAS, BR Funds have been made available by Title 23 of the United States Code, providing for improvements on eligible City Streets, and WHEREAS, the Federal share payable on any portion of a BR project will be a maximum of 80 percent of the eligible costs, and WHEREAS, regulations for implementing the provisions of the above mentioned act provide that the Federal share of the cost of those projects will be paid only to the State, and WHEREAS, the City shall supervise the contract letting and ensure that the project receives the same degree of supervision and inspection as a project constructed under a contract let and directly supervised by the State, and WHEREAS, the regulations further permit the use of funds other than State funds in matching Federal funds for the improvements of those streets, and WHEREAS, the State is willing to cooperate to the end of obtaining Federal approval of the proposed work and Federal funds for the construction of the proposed improvement, with the understanding that no State Funds are to be expended on this project, and WHEREAS, if the City is to receive Federal participation for any portion of the work on the proposed project, it is necessary all phases of work comply with Federal requirements and procedures, and 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 WHEREAS, the funding for the project under this agreement, includes pass- through monies from the Federal Highway Administration (FHWA). If a non-federal entity expends X L0254 Project No. BR- 6459(3) - 2 - 10 Street in Blair Replace Existing Bridge with a Box Culvert $300,000 or more in total federal awards in a fiscal year, then the A-133 audit is required as explained further in this agreement, and WHEREAS, the City desires that this project as shown on attached EXHIBIT "A" be constructed under the designation of Project No. BR- 6459(3), as evidenced by the Resolution of the City dated the day of , 2002, attached as EXHIBIT "B" and made a part of this agreement, and, WHEREAS, the cost of preliminary engineering, utility rehabilitation, construction and construction engineering is estimated to be $177,500, and WHEREAS, the project is described as follows: 10 Street in Blair Replace existing bridge with a box culvert. NOW THEREFORE, in consideration of these facts, the City and State agree as follows: SECTION 1. The State agrees to present this project to the FHWA for its approval, if necessary. SECTION 2. The funding for the project under this agreement includes pass - through federal monies from the FHWA. According to the Single Audit Act Amendments of 1996 (signed into law by President Clinton on July 5, 1996) and the implementing regulations contained in OBM Circular A -133, the A -133 Audit is required if the non - federal entity expends $300,000 or more in total federal awards in a fiscal year. Non - federal entity means state and local governments and non-profit organizations. The City shall have its finance officer or auditor, review the situation to determine what the City must do to comply with this federal mandate. If applicable, the expenditures related to the FHWA should be shown in the Supplementary Schedule of Expenditures of the Federal Awards under U.S. Department of Transportation as a pass- through Nebraska Department of Roads, Federal CFDA Number 20.205. If an A-133 Audit is performed, the City shall send the audit report to the Nebraska Department of Roads, Highway Audits Manager, P.O. Box 94759, Lincoln, NE 68509 -4759. SECTION 3. The City agrees to perform or cause to be performed a preliminary survey and all necessary plans, specifications and estimates for the proposed work. The City agrees to acquire any or all permits necessary to accomplish the project and shall present all plans, specifications, and estimates to the State for approval. SECTION 4. The City agrees to locate and reference or have located and referenced all section corners, quarter section corners and subdivision lot corners required for construction of the proposed project in accordance with Section 39 -1708 et. seq., R.R.S. 1943 as amended. SECTION 5. ENVIRONMENTAL RESPONSIBILITY The City shall be responsible to complete any federally required environmental actions and documents for this project, and get them approved by the State and the FHWA prior to proceeding with appraising and acquiring any right -of -way for the project. When it is determined that a public hearing is a federal requirement for the project, the City shall offer an opportunity for a location or design hearing or combined location and design public hearing. If a public hearing is required, the City shall contact the State's Public Hearing Officer (PHO) prior to doing any public hearing activity, so the PHO can advise the City of the proper procedures and policies for conducting the hearing. The City can contact the State's PHO by calling (402) 479 -4871. SECTION 6. The City agrees to provide the State with current project schedules and progress reports of critical milestones (start date, public meetings/hearings, P.I.H., 100% plans, letting date, construction start and ending date, etc.). SECTION 7. The City shall design the project according to the current AASHTO Policy on Geometric Design of Highways and Streets. The AASHTO Standard Specifications for Highway Bridges. The Federal Highway Administration Publication No. FHWA -IP -90 -017, Hydraulic Engineering Circular No. 18 (Evaluating Scour at Bridges), and Federal Emergency Management Agency (F.E.M.A.), National Flood Insurance, Flood Boundary and Floodway Map. The Minimum Design Standards of the Board of Public Roads Classifications and Standards and to the Americans with Disabilities Act (ADA) Accessibility Guidelines. All plans, specifications and bid proposals. permits and any other contract documents must be submitted to and approved by the State prior to any bid lettina by the City. Any deviations from the above publications must be approved by the State. SECTION 8. The State and City agree that the construction engineering, which is an eligible project expense and which includes construction staking, inspection and material testing, will be accomplished by City forces or a State Certtfied Consultant selected by the City. The City agrees, if a Consultant is to be selected, that the method of selection and the resulting agreement between the Consultant and the City must conform to the State's standard practices and will be subject to State review and concurrence prior to agreement execution between the City and the Consultant. The inspection, sampling and testing of all materials must be done in accordance with the current State of Nebraska Standard Specifications for Highway Construction, the State Materials Sampling Guide, Quality Assurance Program for Construction, and the State Project No. BR- 6459(3) 10 Street in Blair Replace Existing Bridge with a Box Culvert -3- Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures. The City shall send a letter of certification to the State's Urban Engineer, whose address is Nebraska Department of Roads, Roadway Design Division, P.O. Box 94759, Lincoln, Nebraska 68509, stating that all sampling and test results of materials used on the project, manufacturer's certificates of compliance and manufacturer's certified test reports meet contract requirements and are on file with the City. Any deviations from the specification requirements for sampling and testing must be identified and explained in the certification letter. The City shall provide adequate quality assurance on the project and will be responsible for the sampling and delivery of project materials for testing to a qualified laboratory. In all cases, the State will provide a State Representative designated by the State on a part-time basis, who will serve to inspect the project and ensure that the City is in compliance with the contract, plans, specifications, scope of work, regulations, statutes, etc., in order that Federal funds may be expended on the project. The State Representative will conduct a cursory final review of the project and will make a recommendation to the State's District Engineer as to whether the project appears to be acceptable or not. If the State Representative determines that the project is not acceptable, he will notify the City's project Manager in writing of what needs to be done to bring the project into compliance for acceptability. The City shall contact the District .2 Engineer, John R. Jacobsen, whose address is 4425 South 108 Street, P.O. Box 45461, Omaha, NE 68145 -0461, for State Representative assignment. It is understood that any construction engineering services furnished by the State will be part of the cost of the project and the State's expenses will be included as costs of the project. The City shall provide a Project Manager to oversee the project and to ensure that the construction engineering performed by City forces or the City's Consultant comply with requirements for Federal funding. The Project Manager's services include, but are not limited to, arranging the preconstruction conference, keeping the State's Representative informed of project start and ending dates, and other scheduled construction milestones, and project management as required and preparing contractor change orders and supplemental agreements. SECTION 9. The City agrees to advertise and conduct a letting and receive bids for the contemplated improvement. Prior to advertising the project for bids, the City shall submit a Right -of -Way Certificate and the final plans package (100 percent plans, specifications, engineers estimate, and contract bidding documents) to the Urban Engineer for approval. The State will review the submitted items and give the City direction on proceeding with advertising the project for bids. Upon direction and approval from the State for the City to advertise, the Project No. BR-6459(3) - 4 - 10 Street in Blair Replace Existing Bridge with a Box Culvert City shall not open the bids for a minimum of 21 calendar days after the first advertisement is published in the newspapers. The City shall submit its selection of low bidder and supporting documents to the State for concurrence and approval prior to awarding of the construction contract to the successful low bidder. The City shall sign the contract or contracts and shall send copies of the signed contract(s), including copies of the awarded final plans package to the State's Urban Engineer, and District Engineer. SECTION 10. The cost of preliminary engineering, utility rehabilitation, construction and construction engineering is estimated to be $177,500. The City's share is estimated at 20 percent at $35,500. Upon the project construction contract being awarded to a contractor, the State agrees to start reimbursing the City using Federal Funds, for 80 percent of the actual eligible costs of preliminary engineering, utility rehabilitation and construction of the improvement. Progress billings to reimburse the City may be submitted no more often than monthly. The State will pay 95 percent of the 80 percent Federal share until 95 percent of the contractor's costs, or 95 percent of the maximum Federal share has been reimbursed. The final settlement between the State and the City will be made after final review and approval by the State and after an audit, if deemed necessary, has been performed to verify actual costs. The City agrees to reimburse the State for any overpayments discovered by the State or its authorized representative. The City further agrees, that if reimbursement to the State is required on this project, and if the City is unable to or does not make reimbursement within 60 calendar days after the State notifies the City of such required reimbursement; the State by this agreement is authorized to withhold money from State Highway funds apportioned or to be apportioned to the City, in an amount equal to the required reimbursement to the State. Costs incurred by the State with respect to the entire project will be part of the cost of the project to be paid out of City and Federal funds. The State may, at its discretion, initiate progress invoices for costs incurred by the State during the progression of the project and the City agrees to pay such invoices within thirty days of receipt. The City's share of the total project cost will be all costs not paid for by Federal funds. The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR 31) will be applied to determine the allowability of costs incurred by the City under this agreement. Final payment will not be made to the City until the project has been approved by the State. Project No. BR-6459(3) - 5 - 10 Street in Blair Replace Existing Bridge with a Box Culvert the City where Federal participation is not allowable or available. Therefore, where the Federal government refuses to participate in the project or any portion of the project the City is responsible for full project payment with no cost or expense to the State in the project or portion of the project. Should the project be abandoned before completion, the City shall pay all costs incurred by the State prior to such abandonment. The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material available at its office at all reasonable times during the contract period and for three years from the date of final payment under this agreement; such records must be available for inspection by the State and the FHWA or any authorized representatives of the Federal government, and the City shall furnish copies to those mentioned in this section when requested to do so. SECTION 12. The Federal share of this project must be reduced by any project specific local property assessments that exceed the appropriate local share on this project. This is subject to State review. SECTION 13. The City agrees that it is to receive Federal participation for portion(s) of the work on the proposed project. Because the City is to receive Federal funds for any part of this project, the City shall perform the services for all phases of work, including, but not limited to preliminary engineering, acquisition of Right -of -Way, construction (includes construction engineering), etc., according to Federal procedures and requirements. Prior to beginning any phase of work on the proposed project, the City shall contact the Urban Engineer for direction and assistance to ensure that all project work will be accomplished according to Federal procedures and requirements. SECTION 14. If the City performs any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101, through 48 -1126 (Reissue 1998), and all regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27 as set forth in the DISCRIMINATION CLAUSES Section of this agreement. SECTION 15. DISADVANTAGED BUSINESS ENTERPRISES A. Policy The City agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the Project No. BR- 6459(3) - 6 - 10 Street in Blair Replace Existing Bridge with a Box Culvert disadvantaged business requirements of 49 CFR Part 26 are hereby made a part of and incorporated by this reference into this agreement. B. Disadvantaged Business Enterprises Obligation The City and State agree to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The City shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. The City, acting as a 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. Failure of the City to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. SECTION 16. NONDISCRIMINATION CLAUSES During the performance of this agreement, the City, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The City shall comply 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 agreement. (2) Nondiscrimination: The City, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the basis of disability, race, color, sex, religion or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations. (3) Solicitations for Subcontracts. Includina Procurements of Materials and Eauioment: In all solicitations either by competitive bidding or negotiation made by the City for work to be Project No. BR- 6459(3) 10 Street in Blair Replace Existing Bridge with a Box Culvert -7- performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of disability, race, color, sex, religion or national origin. (4) Information and Reports: The City shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this agreement, the State will impose such contract sanctions . as it or the FHWA may determine to be appropriate, including but not limited to, (a) withholding of payments to the City under this agreement until the City complies, and /or (b) cancellation, termination or suspension of this agreement, in whole or in part. (6) Incorporation of Provisions: The City shall 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 City shall take such action with respect to any subcontract or procurement as the State or the FHWA 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 City may request the State to enter into such litigation to protect the interests of the State, and in addition, the City may request the United States to enter into such litigation to protect the interests of the United States. SECTION 17. Changes to the city streets which affect the function or operation of the improvement made either during construction or after the project is completed, will require prior approval of the State. Requests for changes during project construction must be made to the State Representative through the District Engineer's office. Upon project completion and final review, the City shall send one set of "As- Built" plans to the Urban Engineer. Project No. BR- 6459(3) - 8 - 10 Street in Blair Replace Existing Bridge with a Box Culvert SECTION 18. Upon project completion, the City shall maintain the project at its own expense, and agrees to make provisions each year for the maintenance costs involved in properly maintaining this facility. SECTION 19. Any utility rehabilitations or installations made within the Right- of -Way on this project after execution of this agreement must be in accordance with the provisions of Federal -Aid Highway Policy Guide, 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal -Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, or a State approved Utility Accommodation Policy. In order to receive Federal -Aid Funds for this improvement, the City agrees to follow the current "Policy for Accommodating Utilities on State Highway Right -of -Way." All nonbetterment municipally owned and operated utility rehabilitation costs within the corporate limits of the city will become a project cost, but that outside the corporate limits, only the nonbetterment portion of the rehabilitation costs of facilities currently occupying private Right -of -Way will be reimbursed. Further, there will be no Federal reimbursement for private or nonmunicipally owned and operated utilities if they are located on public Right- of -Way, however, nonbetterment costs of privately owned and operated utilities will be reimbursed if they exist on privately owned Right-of-Way and it is necessary to rehabilitate the utilities due to this project. All such reimbursements will be based on items and estimates submitted by the utility and approved by the City and State. Should this oroiect necessitate the nonbetterment rehabilitation of any privately owned and operated utilities. then the City shall send the State an estimate of those nonbetterment utility rehabilitation costs odor to the work beina done. The City shall pay for utility nonbetterment rehabilitation and then bill the State for those eligible reimbursement costs. All reimbursements will be based on the actual costs of material, services and labor. This will be subject to audit, if the State deems that one is necessary. SECTION 20. If Federal participation is requested in Right -of -Way appraisal or acquisition, the State on behalf of the City, will review appraisals and negotiations for any additional Right -of -Way. The City will be responsible for any eminent domain proceedings required for acquisition of the necessary property. The appropriate procedures as outlined in the current Nebraska Right -of -Way Manual approved by the FHWA must be followed. Regardless of whether or not Federal funds are requested for the Right -of -Way, the City agrees to contact the State prior to beginning any Right -of -Way activity in order that the State may advise the City of the required Right -of -Way functions and procedures. It is understood that any Right -of -Way Project No. BR- 6459(3) 10 Street in Blair Replace Existing Bridge with a Box Culvert -9- services furnished by the State will be part of the cost of the project and the State's expenses will be included as costs of the project as specified in this agreement. SECTION 21. The City agrees, at no cost to the project, to clear the present Right -of -Way of this project of all advertising signs. The City also agrees, at no cost to the project, to clear any other privately owned 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 of future encroachments, except those authorized by permit SECTION 22. The City agrees, and shall certify after accomplishment, that any Right -of -Way for this improvement not donated in compliance with FHWA guidelines will be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24, and the State's Right -of -Way Manual as approved by FHWA. SECTION 23. In the event that Relocation Assistance (financial aid to those persons relocated due to the road improvement) as defined in Public Law 91-646 (42 U.S.C. 4601) as amended, 49 CFR 24, and Neb.Rev.Stat. §76 -1214 through 76 -1238 (Reissue 1996), is required for this improvement, the City shall enter into an appropriate agreement with the State in order that the State may perform the necessary and required relocation assistance functions. All relocation assistance services furnished by the State in this connection will be part of the cost of the project and the State's expenses will be deducted from the Federal monies received prior to reimbursement to the City. SECTION 24. Traffic control during project construction must conform with the Manual on Uniform Traffic Control Devices. Before final acceptance of the project by the State, all signing and marking must be in conformance with the current Manual on Uniform Traffic Control Devices. Project No. BR- 6459(3) -10 - 10 Street in Blair Replace Existing Bridge with a Box Culvert IN WITNESS WHEREOF, the City and State hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this 9 day of 1,_,,A7 CITY OF BLAIR Michael Mines WITNESS: Brenda R. Taylor /OA— City Clerk U EXECUTED by the State this ZS day of . STATE OF NEBRASKA DEPARTMENT OF ROADS Eldon D. Poppe, P.E. AGR4 -NH Project No. BR- 6459(3) 10 Street in Blair Replace Existing Bridge with a Box Culvert 2002. 2002. Zir4 Roadway Design Engineer c� XL0254 0a31GREST DR. ♦ ♦ NEB;:AS a HOLLOW ST womsorn■laim • • 1 j KST . I I NM mil. MN IMIN I 1 1 PAP.( ST t N RASHiA ST STATE ST - — - 6 IOWA ST 1 !I!11IF . FRONT 51T N " WASH NGTON ST SOUTH ST HOLLOSTONE BUTLER I ..'LAaAYErrE I OAK ST pROSPE T WI BURST AV • Q H 4 • • 1 f t til •C 4. 4 C , • PLEASANT gfi,I, VALLEY EL vD .423 Project BR- 6459(3) City of Blair I $ I -• c I II ON -.T 1 Project BR- 6459(3) Bridge Replacement I RIVERVIEW DR ., ARTHUR ST 0 0 • • • 03 . l %.1 GRANT ST 1 3.. , ss r......._ -- _ - ... -_ COLFAX ST AD C.- q 16 I ; 1 I • i - + -. • SHERIDAN ST • P.xhihit "A„ RESOLUTION NO. 2002 - 28 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads for the Replacement of an Existing Bridge with a Box Culvert on 10 Street in Blair, Nebraska. WHEREAS, said Agreement designated Project No. BR- 6459(3) 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, and the Mayor and City Clerk are authorized to execute the same. 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 WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WAITE, REALPH, ABBOTT WOLFF, SHOTWELL, MCMANIGAL AND BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS NONE VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JULY, 2002. Exh►"0 "5" ATTEST: /52(,i (SEAL) BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of July, 2002. BRENDA R. TAYLOR, C CLERK ENGINEERING AGREEMENT Kirkham, Michael & Associates, Inc. CITY OF BLAIR PROJECT NO. BR- 6459(3) CONTROL NO. 22094 Replacement Existing 10 Street Bridge with Box Culvert THIS AGREEMENT, entered into by and between the City of Blair, hereinafter referred to as the "City", and IGrkham, Michael and Associates, Inc., hereinafter referred to as the "Consultant". WITNESSETH WHEREAS, the City desires to engage the Consultant to render professional services for the above named project at the location shown on EXHIBIT "A ", which is attached and hereby made a part of this agreement, and WHEREAS, the Consultant is certified by the Nebraska Secretary of State as a Corporation eligible to operate in the State of Nebraska, and WHEREAS, the Consultant is willing to perform such work in accordance with the terms hereinafter provided, and does represent that it is in compliance with the Nebraska statutes relating to the registration of professional engineers, and hereby agrees to comply with all federal, state, and local laws and ordinances applicable to the work. NOW THEREFORE, in consideration of these facts, the parties agree as follows: I. DEFINITIONS Wherever in this agreement the following terms are used, they will mean: "CITY" means the City of Blair, the Mayor or an authorized representative. "CONSULTANT" means Kirkham, Michael and Associates, Inc., whose business and mailing address is 12700 West Dodge Road, P.O. Box 542030, Omaha, Nebraska 68154 -8030. "SUBCONSULTANT /SUBCONTRACTOR" means Geotechnical Services Inc., whose business and mailing address is 5701 North 58 Street, Lincoln, Nebraska 68507 -3256. "STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, the Director of the department, or an authorized representative. "FHWA" means the Federal Highway Administration, Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington, D.C. 20590, acting through its authorized representatives. To "ABANDON" the work means the City has determined that conditions or intentions as originally existed have changed and the work as contemplated herein is to be renounced and CK02 17 deserted for as long in the future as can be foreseen. To "SUSPEND" the work means the City has determined the progress is not sufficient, or the conditions or intentions as originally existed have changed, or the work completed or submitted is unsatisfactory, and the work as contemplated herein should be stopped on a temporary basis. This cessation will prevail until the City determines to abandon or terminate the work or to reinstate it under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the City. II. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK The Consultant shall perform topographic surveys, hydraulic analysis, preliminary and final design, prepare plans, specifications, contract documents, assist in bidding and contract letting and prepare a statement of project costs for the project generally described as the replacement of the existing bridge with a box culvert located on 10 Street within the City of Blair in Washington County, Nebraska. Upon receiving a notice to proceed, the Consultant shall perform all work required under this agreement as outlined in EXHIBIT "B ", schedule of services, and EXHIBIT "C ", Consultant's proposal, which are attached and made a part of this agreement. III. STANDARD PRACTICES AND REQUIREMENTS It is mutually agreed that the City, State and FHWA have continuing rights of work progress inspections. Any additions, deletions, changes, elaborations, or modifications of the services performed under the terms of this agreement, which may from time to time be determined by the City as desirable or preferable, will be controlling and governing. IV. TIME OF BEGINNING AND COMPLETION The City will issue the Consultant a written Notice -to- Proceed upon State approval of this agreement. Any work or services performed on the project prior to the Notice -to- Proceed date is not eligible for reimbursement. The Consultant shall do all the work according to the schedule in attached EXHIBIT "B" and shall complete all work required under this agreement in a satisfactory manner. The work under this agreement will be considered done upon award of the construction contract. The completion time will not be extended because of any avoidable delay attributed to the Consultant, but delays attributable to the City may constitute a basis for an extension of time. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert -2- S.t43\civilkSTENOS greement-Blain OthStBridge- BoxCuiver.rirdoo City authorized changes in the scope of work, which increase or decrease workhours or services required of the Consultant, will provide the basis for a change of time and/or changes to the Consultant's fee. V. FEES AND PAYMENTS A. For performance of the work as outlined in this agreement, the Consultant will be paid a lump sum fee of Twelve Thousand Five Hundred Dollars ($12,500.00), which includes all labor and project related expenses. B. The City is not responsible for costs incurred prior to the Notice -to- Proceed date or after the completion deadline date stated in Section IV of this agreement. C. The Consultant should submit invoices to the City at monthly intervals. Invoices must be substantiated by progress reports which indicate the percent of work completed. D. The City will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payment is dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the City determines that the work is satisfactory. Upon determination that the work was adequately substantiated and satisfactory, payment will be made in the amount of 100 percent of the billed actual costs and fixed -fee. After the Consultant has completed all work required under this agreement, a final bill must be sent to the City. Upon acceptance by the City, a final audit of all invoiced amounts will be completed by the City or its authorized representative. The acceptance by the Consultant of the final payment will constitute and operate as a release to the City for all claims and liability to the Consultant, its representatives, and assigns, for any and all things done, furnished, or relating to the services rendered by or in connection with this agreement or any part thereof. The Consultant agrees to reimburse the City for any overpayments discovered by the City or its authorized representative. E. The Consultant shall maintain, and also require that its Subconsultants/Subcontractors maintain, all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final payment under this agreement. Such materials must be available for inspection by the City, State, City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert - 3 - S: \43\civilSTENOWgreement- Blain OthStBddge- BoxCulver.dr.doc FHWA, or any authorized representative of the federal government, and when requested the Consultant shall furnish copies. VI. PROFESSIONAL PERFORMANCE The Consultant understands that the City will rely on the professional performance and ability of the Consultant. Any examination by the City, State or the FHWA, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further, acceptance or approval of any of the work of the Consultant by the City or of payment, partial or final, will not constitute a waiver of any rights of the City to recover from the Consultant, damages that are caused by the Consultant due to error, omission, or negligence of the Consultant in its work. That further, if due to error, omission, or negligence of the Consultant, the plans, specifications, and estimates are found to be in error or there are omissions therein revealed during the construction of the project and revision or reworking of the plans is necessary, the Consultant shall make such revisions without expense to the City. The Consultant shall respond to the City's notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to the construction contractor. This may involve visits by the Consultant to the project site, if directed by the City. If the Consultant discovers errors in its work, it shall notify the City of the errors within seven days. Failure of the Consultant to notify the City will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the City caused by error, omission, or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the City. VII. CHANGE OF PLAN. ABANDONMENT. SUSPENSION. AND TERMINATION Additions to the schedule of services, if approved in wilting, will require negotiation of a supplemental agreement. For any work beyond the schedule of services, the Consultant shall document the additional work, estimate the cost to complete the work, and receive written approval from the City before the Consultant begins the work. Any such work performed by the Consultant prior to written approval of the City will be done at the expense of the Consultant. The City has the absolute right to abandon the project or to change the general scope of work at any time and such action on its part will in no event be deemed a breach of agreement. The City can suspend or terminate this agreement at any time. Such suspension or termination may be effected by the City giving the Consultant seven days written notice. City of Blair . 4 . Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert S A43\civil\STENO\Agreement•Blair t othStBddge- BoxCulver.rir.doc If the City abandons or subtracts from the work, or suspends or terminates the agreement as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the City will consider the work performed by the Consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all project plans, documents, etc., completed or partially completed at the time of such termination or abandonment will be retained by the City and the Consultant shall immediately deliver all project plans, documents, etc., to the City. VIII. OWNERSHIP OF DOCUMENTS All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and other data prepared or obtained under the terms of this agreement are the property of the City and the Consultant shall deliver them to the City without restriction or limitation as to further use. City acknowledges that such data may not be appropriate for use on an extension of the work covered by this agreement or on other projects. Any use of the data for any purpose other than that for which it was intended without the opportunity for Consultant to review the data and modify it if necessary for the intended purpose will be at the City's sole risk and without legal exposure or liability to Consultant. IX. FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission; percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the City has the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. X. NON - RAIDING CLAUSE The Consultant shall not engage the services of any person or persons presently in the employ of the City and State for work covered by this agreement without the prior written consent of the employer of the persons. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10"' Street Bridge With Box Culvert - 5 - S: 143 1civil\STENOOAgreement- Blairl gthStBridge- BoxCuiver.dr.doc XL GENERAL COMPUANCE WITH LAWS The Consultant hereby agrees to comply with all federal, state, and local taws and ordinances applicable to the work. XIi. DISPUTES My dispute concerning a question of fact in connection with the work not disposed of by this agreement will be referred for determination to the Director of the State or a duly authorized representative, whose decision in the matter will be final and conclusive on the parties to this agreement. XIiI. RESPONSIBILITY FOR CLAIMS AND LIABILITY A. The Consultant agrees to save harmless the City from all claims and liability due to the negligent activities of the Consultant or those of the Consultant's agents or employees in the performance of work under this agreement. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: (1) Bodily Injury and Property Damage with a combined single unit of liability of of Bodily Injury General and Automobile General and Automobile Property Damage General and Automobile General (2) Workers' Compensation - Statutory (3) a) Valuable Papers b) Electronic Data Processing Coverage (4) Professional Liability ($500,000 Minimum) $500,000 each occurrence $250,000 each person $500,000 each occurrence $250,000 each occurrence $500,000 aggregate With the State named as the Toss payee. The insurance must be in the amount of the total fee of this agreement. $2,000,000 with $100,000 deductible. B. The insurance referred to in (1) above must be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for City of Blair - 6 Project No. BR 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert SM31oivITZTENOWgreement- Biairf OthStBridge- BoxCuiver rir doo all owned, hired, and non -owned automobiles. The Consultant may, at its option, provide the limits of liability, as set out above, by a combination of the above described policy forms and excess liability policies. The Consultant shall fumish proof of insurance coverage to the City. XIV. PROFESSIONAL REGISTRATION The Consultant shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all plans, documents, and specifications prepared under this agreement. XV. SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. XVI. DRUG -FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug -free workplace policy on file with the State. XVII. FAIR EMPLOYMENT PRACTICES ACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Sections 48 -1101 through 48 -1126, Nebraska Revised Statutes (Reissue 1998), which is hereby made a part of and included in this agreement by reference. XVIII. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (Pl. 101 -366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. XIX. DISADVANTAGED BUSINESS ENTERPRISES The Consultant shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The Consultant shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA - assisted contracts. Failure of the Consultant to carry out the requirements set forth above will constitute a breach of this agreement and, after the notification of the FHWA, may result in termination of this agreement by the City or such remedy as the City deems appropriate. The SUBLETTING, ASSIGNMENT OR TRANSFER Section of this agreement further explains the Consultant's responsibility in ensuring that disadvantaged business enterprises have the maximum opportunity to compete for subagreements. City of Blair - 7 - Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert S:1431civIRSTENO\ Agreement- Blairi othStBridge- BoxCulver.rlr.doc XX. NONDISCRIMINATION A. Compliance with Reaulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally- assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C. Solicitations for Subaareements. Includina Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City, State or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall certify to the City, • State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the City will impose such agreement sanctions as it or the State and FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this City of Blair - 8- Project No. BR- 6459(3) Control No. 22094 Replace Existing 10"' Street Bridge With Box Culvert S: k131civif\STENOWgreemerrt- Bia1rl othStBrtdge- BoxCulver.rirdoc agreement until the Consultant complies, and/or cancellation, termination, or suspension of this agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the City, State or FMNA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, that in the event a Consultant becomes involved in or is threatened with litigation with a Subconsuitant/ Subcontractor as a result of such direction, the Consultant may request that the City enter into such litigation to protect the interests of the City and, in addition, the Consultant may request that the State and United States enter into such litigation to protect the interests of the State and United States. XXI. SUBLETTING. ASSIGNMENT. OR TRANSFER The Subconsultant/Subcontractor will be Geotechnical Service Inc. Any other subletting, assignment, or transfer of any services to be performed by the Consultant is hereby prohibited unless prior written consent of the City is obtained. The Consultant shall enter into an agreement with its Subconsultants /Subcontractors for work covered under this agreement. All Subconsultant/Subcontractor agreements for work covered under this agreement, in excess of $10,000, must contain similar provisions to those in this agreement. No right -of- action against the City will accrue to any Subconsultant/Subcontractor by reason of this agreement. As outlined in the DISADVANTAGED BUSINESS ENTERPRISES Section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a disadvantaged business enterprise. XXII. CONFLICT OF INTEREST By signing this agreement, the Consultant certifies that it has no financial or other interests in the outcome of this project. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert - 9 - S:143lolviIISTENO\ Agreement- BlainOthStBridge•BoxCulver rIr.doc XXIII. CONSULTANT CERTIFICATION The Consultant hereby certifies that wage rates and other factual unit costs supporting the fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as provided by Sections 81 -1701 through 81 -1721, Nebraska Revised Statutes (Reissue 1994). After being duly sworn on oath, I Rich L. Robinson do hereby certify that except as noted below, neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement, or b) has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or c) has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions Instructions for Certification 1. By signing this agreement, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Exis 10 th Street Bridge With Box Culvert - 10 - S: 143\civil\STENO1Agreement- Blairl othstBridge•Boxcutver.rlr.doc However, failure of the Consultant to fumish a certification or an explanation will disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the State determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal govemment, the City may terminate this agreement for cause or default. 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. 6. The Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this agreement. 7. The Consultant further agrees to include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert S :\43\civil\STENOWgreement.Bialr1 OthStBridge- BoxCulver.dr.doo 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph six of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions A. The Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three -year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph A.(2) of this certification; and (4) Have not within a three -year period preceding this agreement had one or more public transactions (federal, state, or local) terminated for cause or default. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert - 12 - S :1431 civillSTENOWgreement- Btalrt OthStBridge- BoxCulver.dr.doc B. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of federal -aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. XXIV. CITY OF BLAIR CERTIFICATION After being duly sworn on oath, I, Michael Mines, by signing this agreement do hereby certify that the Consultant or its representative has not been required, directly or indirectly as an express or Implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. ! acknowledge that this certificate is to be furnished to the State and FHWA in connection with this agreement involving participation of federal -aid highway funds and is subject to applicable state and federal laws, both criminal and civil. XXV. ALL ENCOMPASSED This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10 Street Bridge With Box Culvert - 13 - S:\431civihSTENOV greement- Blatr1OthStBddge- Boxculver rIr.doc 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. STATE OF /) )ss. COUNTY) After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. AGRS EXECUTED by the Consultant this Subscribed and sworn to before me this GENERAL NOTARY -State of Nebraska ROSE MARY HAUGE My Comm. Exp. Aug. 22, 2002 EXECUTED by the City this 7 11\ day of City of Blair Project No. BR- 6459(3) Control No. 22094 Replace Existing 10'" Street Bridge With Box Culvert - 14 - ay ot. , 2002. Kirkham, Michael & Associates, Inc. Rich L. Robinson, P.E. Vice President :10 iy CITY OF BLAIR 7— —erz, Date . 2002. ichael Mines, Mayor STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to form Bridge Design Engineer '1(0217 SA43\elv0\STENDAgreement- Blairl othStBrldge- BoxCuiver.dr.doc 1 x co o \` I ! t t r l u l l ∎ 1 e+A{e I K Wirt r J A1111511' "B" SCHEDULE OF SERVICES FOR CITY OF BLAIR REPLACE EXISTING UP STREET BRIDGE WITH BOX CULVERT A. PROJECT DESCRIPTION This schedule provides for the Consultant to prepare design plans for the above project that includes the replacement of the existing bridge with box culvert located on 10 Street within the City of Blair. Work includes preliminary survey, hydraulic analysis, permit application, preparing preliminary and final construction plans and specifications for the box culvert design for the project. The work also includes preparing for and attending public meetings and project bid letting. UPON NOTICE TO PROCEED. THE CONSULTANT SHALL PROVIDE THE SERVICES AS OUTLINED IN THIS SCHEDULE. B. THE CITY WILD 1. Provide existing city utility location plans. 2. Provide facilities for information meetings and public hearing. 3. Receive bids at their designated facility. 4. Contract directly for geotechnical professional services for foundation recommendations. 5. Make necessary policy and budgetary decisions to enable timely completion of the work. 6. Provide any right- of-way necessary for the project. SM3\civillSTHNOI Blair- lOthStBridge ExhibitB.rlr.wpd Page 1 C. APPLICABT B, PUBLICATIONS The consultant shall follow the criteria of the current applicable publications of the American Association of State Highway and Transportation Officials and design criteria furnished by the State. These publications and others which the Consultant shall use in this work are: *1. A Policy on Geometric Design of Highways and Streets (AASHTO) *2. State of Nebraska Minimum Design Standards, Board of Public Roads Classifications and Standards (State) 3. State of Nebraska, Department of Roads, Standard Specifications for Highway - Construction. 4. Federal Aid Policy Guide, 23 CFR 650A 5. Americans with Disabilities Act (ADA) 6. Nebraska Department of Roads Road Design Manual 7. Nebraska Department of Roads Bridge Office Procedures and Policy Manual. 8. The AASHTO Standard Specifications for Bridges 9. Federal Highway Administration Publication No. FHWA -1P -90 -017, Hydraulic Engineering Circular No. 18 (Evaluating Scour at Bridges). 10. Federal Emergency Management Agency (FEMA) National Flood Insurance, Flood Boundary and Floodway Map. * If discrepancies occur between these publications, Consultant shall get a decision from the State. D. PROJECT PLANS FORMAT. CONVENTIONAL AND CADD 1. The Consultant shall prepare plan and profile plan sheets at a scale consistent with State procedures. 2. Any materials submitted to the City or State by the Consultant must be on or equivalent to white bond. Any material which does not produce an acceptable reproduction will be returned to the Consultant for rectification. S:\43\civiASTENO\ Blair- 10WStBridge- ExhibitB.rlr.wpd Page 2 3. The Consultant shall prepare the plans in AutoCad and follow the State's CADD drafting procedures and guidelines in preparing the project plans. a. Sheets must be set up according to the State's procedures. b. Line weights, line styles, text size and levels must follow the State's guidelines. 4. The CADD files must also conform to the following standards and conventions: a. Working units must be: i. Master Units = feet ii. Sub Units = 100 feet iii. Position Units = 4 b. Global origin of the graphics design plane must be located at the lower left corner. E. FIELD SURVEY (HYDRA ULIC AND TOPOGRAPHIC) 1. The Consultant shall perform complete preliminary survey work, tying of necessary sections and quarter section land monuments to the project survey baseline, and do the profiling, cross - sectioning and topography. It is assumed that section corners will be readily found within one -half mile of the bridge. 2. The beginning stationing of the project must be the first sheet of the Plan and Profile sheets. 3. The Consultant shall tie the project baseline to the centerline of existing pavement, intersecting public roads and drives, and tie the survey to land monuments. 4. Data will be collected along the proposed stream alignment to depict the existing channel for use in the calculation of the earthwork quantities and other channel improvements for the project. The channel alignment will be determined in the office from the data collected. a. One cross- section at least 400' downstream from the bridge opening and perpendicular to the direction of flow. S:143\civil\STENOIBlair -1 othStBridge- ExhibitB.rk.wpd Page 3 b. One cross- section near the downstream bridge opening. Elevations will be obtained at frequent intervals and should accurately depict the natural flood plain downstream from the toe of the roadway embankment. c. One weir cross - section along the road. Elevations defining the weir will be taken at the highest point on the roadway cross- section. Ground/pavement elevations will be obtained at frequent intervals and will accurately depict the cross - section of the broad - crested weir during high flows. d. One cross - section near the upstream bridge opening. Elevations will be obtained at frequent intervals and will accurately depict the natural flood plain upstream from the toe of the road embankment. The Consultant will obtain information regarding low steel or concrete, as well as information regarding the size and location of all substructure elements which would impede the flow of water through the bridge. e. One cross - section at least 100' upstream from the bridge opening and perpendicular to the direction of flow. 5. The Consultant shall establish and tie the centerline monuments to at least three permanent topographic features by point -to -point measurement for use in later relocating the monuments. In the event permanent topographic features are not available within 100 feet, the Consultant shall use appropriately marked stakes. 6. The Consultant shall set control points or centerline monuments to be visible directly from one control point to the next control point with necessary centerline stations in between control points. 7. The Consultant shall run bench levels by direct leveling methods (no "side shots" are permitted). 8. The Consultant shall assure that the levels close within an allowable error of 0.3 feet times the square root of the length of the level loop in miles. 9. The Consultant shall record station and appropriate plus and by distance measured to the centerline to the nearest 0.5 feet dimensions the topographic features within 50 feet each side of centerline, both natural and man-made and both above and belowground including all utilities. The Consultant shall record S:\43\ civil\ STENO\ Blair- lothStBridge- ExhibitB.rlr.wpd Page 4 other topographic features beyond 5Q feet from centerline which in the judgement of the Consultant are necessary to properly show the effect of the proposed work upon the adjoining property and/or improvements (assume none). The Consultant shall record topographic features of any wetland areas, which in the judgement of the Consultant could affect the project (assume none). The Consultant shall record key topographic features of any wetland area including structures in or around them. 10. The Consultant shall gather sufficient other survey data necessary to determine contributing drainage areas including any existing storm sewer systems or sanitary systems, etc. F. HYDRAULIC ANALYSIS 1. The Consultant shall accomplish the hydraulic analysis on the basis of the "1998 Hydraulic Analysis Guidelines for Consultants ". 2. The Consultant will research the information currently available, and referenced above, regarding the cross - sectional geometry of the flood plain, and the hydrology of the stream crossing to determine the drainage area, peak rates of discharge, "Mannings" coefficients, and other parameters applicable to the study 3. The Consultant will develop hydraulic models of the stream crossing using the information identified above and field survey data. Water surface profiles for existing and proposed conditions will be calculated using HECRAS. 4. The Consultant will route the design floods through both the existing and proposed structures to determine the backwater elevations caused by each. 5. The Consultant will, using the hydraulic model data, prepare and submit a bridge design data sheet to the State Bridge Office for approval. The "Data Sheet" will specify the type, size, and length of the proposed structure together with overtopping frequencies and other information as might be required by the State Bridge Office. SM3kiviliSTENOiBl air- 10thStBridge- ExhibitB.rk.wpd Page 5 G. PERMITS 1. U.S. Army Corps of Engineers Nationwide Permit - The Consultant will prepare the application to obtain the Nationwide Permit for the City to sign and submit to the U.S. Army Corps of Engineers. 2. Water Resources Permit (Flood Plain Permit) - The Consultant will prepare the application to obtain to construct the bridge in the flood plain for the City to sign and submit to the appropriate City authority issuing such permits. H. PRELIMINARY AND FINAL BOX CULVERT DESIGN 1. In general, the Consultant shall provide (preliminary and final) bridge replacement design services for the box culvert (but not be limited to): f. Horizontal alignment g. Vertical alignment h. Structures i. Special designs (Final) j. Limits of Construction with offsets from project centerline to be used k. Bridge and Pavement removals 1. Channel realignment, if necessary m. Quantities (including sodding, seeding and erosion control, etc.). 2. The Consultant shall use Board of Public Roads Classifications and Standards Minimum Design Standards for Municipal Streets. 3. The Consultant shall reference all improvements to the project centerline. 4. The Consultant shall prepare preliminary plans for the Plan-in -Hand inspection and shall submit three half size sets to the City two weeks prior to the Plan-in- Hand. This shall include half size cross- sections. 5. The Consultant shall schedule and attend the Plan-in -Hand field inspection with the City. 6. After the Plan-in -Hand, the Consultant shall: a. Prepare the Plan-in -Hand report and submit to the City two weeks after the field inspection. b. Consolidate comments on one set of half size Plan-in -Hand plans and submit to the City with the report. 5M3\civi\ STENO\ Blair- IOthStBridge- ExhibitBsk.wpd Page 6 c. Proceed with design which reflects Plan -in -Hand decision. 7. The Consultant shall label the plans "Preliminary, Subject to Change" until the Registered Engineer's seal and signature are added. 8. The Consultant shall prepare quantity and cost estimates, including computation sheets, for all construction and removal items on the plans and submit them to the City and State for approval. The quantity estimates shall be submitted with the final plans. I. UTILITIES 1. The Consultant shall draft whatever existing utilities, both overhead and underground (that are not already on the plans) on the project plan sheets, print and distribute to the utility companies for verification. The utility topography must be referenced to the project baseline. 2. The Consultant shall coordinate directly with the utility companies and others to verify location and ownership of all existing overhead and underground utilities on the project. 3. The Consultant shall address specific utility problems at the plan-in -hand field inspection and be available to' discuss the design of the project (including drainage structures) with affected utilities and shall attempt to eliminate or minimize conflict with utilities. J. 90% PLANS (FINAL), 1. The Consultant shall prepare 90% final design plans to include all construction items, all construction notes, contours, limits of construction, storm sewer design, etc. and submit them to the City for review according to the schedule. 2. Box Culvert Design a. The box culvert design is anticipated to be a Nebraska Department of Roads Standard. b. Design - The Consultant will perform the necessary structural design and an independent design check of those structural calculations. S:143\civil\STENO\B1 air- 1OthStBridge- ExhibitBak.wpd Page 7 c. Plan Preparation - The Consultant will draw and detail all the elements of the box culvert so as to accurately depict the intended construction. Standard details used by the State will be employed to the greatest extent possible. The plans will contain the following: i. General Note and Quantity Sheet - General notes and the box culvert quantities will be shown on this sheet. ii. General Plan - Showing a general plan and elevation of the proposed structure replacement. The hydraulic design information will be shown. iii. Slope Protection Sheet - The typical cross - section of slope protection improvement adjacent to the box culvert will be shown with plans and sections of any channel improvements, relocations, and slope protection. d. Paint Testing - A sample will be collected and testing for lead and chromium content in compliance with environmental guidelines. K. COMPLETED FINAL PLANS AND DOCUMENTS (FINAL) 1. The Consultant, after the 90% review, shall complete the final design plans according to decisions made at the review. 2. The Consultant shall include (but not be limited to) in the final plans package the following: a. Completed Plan and Profile Sheets b. 2L sets of plan. They are as follows: i. Construction and removal ii. Joints and grades iii. Drainage The 2L Plan sheets must show all details for removal items, storm sewer system and structures, sodding, seeding, erosion control, construction notes and details, pavement joints, grades, utilities, etc. c. Special drainage structure plans S M3t civil\ STENO\ Blair -1 OthStBridge- ExhibitB.rlr.wpd Page 8 d. Summary of quantities computation sheets e. Special provisions 3 The Consultant shall stamp, sign and date the plans. The seal of the Consultant should be from a rubber stamped facsimile that is then signed and dated by the engineer registered in Nebraska. L. LETTING SERVICES. 1. Assist City in advertising for and obtaining bids for a single prime contract for construction and maintain a record of prospective bidders to who Bidding Documents have been issued and received, and process deposits for Bidding Documents. 2. The Consultant shall prepare and supply all necessary bidding documents. The cost of preparing said documents are included in the lump sum fee. 3. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. Consult with and advise City as to the acceptability of subcontractors, suppliers and others proposed by the prime contractor for those portions of the work required by the Bidding Documents. 5. Attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and in assembling and awarding a contract for construction. M. SERVICES NOT INCLUDED IN THIS SCOPE 1. This Scope of Work does not include any right of way acquisition services. 2. This Scope of Work does not include archaeological field survey or other environmental services. s:\43teiviASTENO\BI air- lOthstBridge- ExhibitBsir wpd Page 9 r Blair 10th Street Bridge Replacement with Box Culvert KM EXHIBIT ° C " MANHOUR SUMMARY 7/2/2002 Land Survey Task Principal Proj. Mgr. Proj. Eng. Surveyor Crew Total Kick - Off Meeting 3 3 6 Design Survey 2 16 18 Hydraulic Modeling 2 30 32 Preliminary, Final Design 2 4 48 54 SUB- TOTAL 2 9 81 2 16 110 DIRECT LABOR COSTS Category Hours Rate Amount Principal 2 $62.50 $125 Project Manager 9 $37.33 $336 Project Engineer 81 $27.00 $2,187 Land Surveyor 2 $30.00 $60 Survey Crew 16 $44.00 $704 TOTAL DIRECT LABOR 110 $3,412 PAYROLL BURDEN AND OVERHEAD 1.683 $5,742 TOTAL LABOR AND OVERHEAD $9,154 DIRECT PROJECT EXPENSES Item Cost Sub - consultant Geotechnicat 1,500 Mileage 550 miles@.36 /mile $198 Phone/Postage/Film: $60 Printing $88 $1,846 TOTAL LABOR AND OVERHEAD $9,154 FIXED FEE (12 %) $1,500 DIRECT PROJECT EXPENSES $1,846 MAXIMUM AMOUNT PAYABLE $12,500 RESOLUTION NO. 2002-29 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with a dog impoundment agreement with the City of Fort Calhoun, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A" and incorporated by this reference herein; and, NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A ", be approved and adopted by the municipality and the Mayor and City Clerk are hereby authorized to execute said Agreement. COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSEL? AND APPROVED THIS 9TH DAY OF JULY, 2002. ATTEST: 3REN DA_R: TAYLO (SEAL) CITY CLERK CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of July, 2002. Litle BRENDA R. TAYLOR, C INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into on this 9th day of July, 2002 by and between the City of Fort Calhoun, Washington County, Nebraska, a City of the Second Class, (Fort Calhoun), and the City of Blair, Washington County, Nebraska, a City of the First Class, (Blair). WITNESSETH: Whereas, the parties hereto find it to be to their mutual advantage to cooperate in the impoundment, boarding and disposition of dogs running at large which are originally captured within the corporate city limits of Fort Calhoun; and Whereas, Fort Calhoun and Blair are authorized by law to regulate the running at large of dogs, and to provide for their impoundment and disposition under the provisions of, respectively, Neb. Rev. Stat. 17 -547 and 17 -548, and Neb. Rev. Stat. 16 -235 and 16- 236 of the Revised Statutes of Nebraska, 1943; and Whereas, the parties are authorized to join together cooperatively under the terms of the Interlocal Cooperation Act, that being Neb. Rev. Stat. 23 -2201 et seq, and amendments thereto; and Whereas, it is to the mutual advantage of the parties hereto that a written Agreement be entered into providing for the impoundment, boarding and disposition of such dogs. NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1 1. Boarding and Impound Fees: (a) That the boarding fee for each such dog impounded, payable by Fort Calhoun to Blair, shall be eight dollars ($8.00) per day, for a minimum period of three (3) days and a maximum period of seven (7) days. (b) That the impound fees payable to Blair shall be twenty dollars ($20.00) per dog, payable by Fort Calhoun to Blair. (c)* The City of Blair will bill on a monthly basis for all impound and boarding fees. 2. Services: That all dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and water each day, and the facility constituting the animal shelter shall be maintained strictly in accordance with the law of this state. • 3. Release of Doe: That no dog shall be released or redeemed by its owner or other person adopting the same, unless such party shall have a receipt from the City of Fort Calhoun for a day license or for the impound and boarding fees. Proof of Rabies shot must be presented within seventy - two (72) hours of release. 4. Unclaimed. Does: That any dog unclaimed beyond seven (7) days shall be transported by Blair, without additional transportation cost for Fort Calhoun, to Thone's Animal Clinic or Blair Small Animal Clinic, in Blair, Nebraska where it will be destroyed and disposed of in a summary and humane manner. 2 5. Any sick or injured dog shall be immediately transported to Thone's Animal Clinic or Blair Small Animal Clinic for treatment. If treatment is estimated to cost in excess of fifty dollars ($50.00), said clinic shall contact Fort Calhoun City Clerk or his/her representative for authorization to treat. All costs of treatment shall be the cost of Fort Calhoun. Fort Calhoun shall either authorize immediate treatment or authorize the immediate destruction and disposal of such dog. • 6. Cost of Veterinary Services: That the cost of services provided by Thone's Animal Clinic or Blair Small Animal Clinic for dogs impounded for Fort Calhoun shall be the sole responsibility of Fort Calhoun and will be billed directly to Fort Calhoun, as set forth in Number 5 hereinabove. 7. Termination: This Agreement shall continue in effect from year to year until rescinded or terminated by the withdrawal of either Fort Calhoun or Blair. Such withdrawal shall require reasonable written notice by either party, but not less than ten (10) days. 8. Transportation: Fort Calhoun shall be responsible for transporting all animals to the City of Blair Jeanette Hunt Animal Shelter. CITY OF BLAIR, NEBRASKA By_ ichaelMin s 1Vl`ayor 3 ATTEST: Brenda R. Taylor, '' Clerk CITY OF FORT CALHOUN, NEBRASKA ATTEST: BY /7 :/ 4' Larry I- Alford, May 4 (4-/7172 _ taievuteA„) RESOLUTION NO. 2002-30 COUNCIL MEMBER WAITE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with a dog impoundment agreement with the Village of Washington, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A" and incorporated by this reference herein; and, NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A ", be approved and adopted by the municipality and the Mayor and City Clerk are hereby authorized to execute said Agreement. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF JULY, 2002. ATTEST: BRENDA R. TAYLOR, TY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of July, 2002. BRENDA R. TAYLOR, C CLERK INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into on this 9th day of July, 2002 by and between the Village of Washington, Washington County, Nebraska, (Village of Washington), and the City of Blair, Washington County, Nebraska, a City of the First Class, (Blair). WITNESSETH: Whereas, the parties hereto find it to be to their mutual advantage to cooperate in the impoundment, boarding and disposition of dogs running at large which are originally captured within the corporate city limits of Village of Washington; and Whereas, Village of Washington and Blair are authorized by law to regulate the running at large of dogs, and to provide for their impoundment and disposition under the provisions of, respectively, Neb. Rev. Stat. 17 -547 and 17 -548, and Neb. Rev. Stat 16- 235 and 16- 236 of the Revised Statutes of Nebraska, 1943; and Whereas, the parties are authorized to join together cooperatively under the terms of the Interlocal Cooperation Act, that being Neb. Rev. Stat. 23 -2201 et seq, and amendments thereto; and Whereas, it is to the mutual advantage of the parties hereto that a written Agreement be entered into providing for the impoundment, boarding and disposition of such dogs. NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Boarding and Impound Fees: 1 (a) That the boarding fee for each such dog impounded, payable by Village of Washington to Blair, shall be eight dollars ($8.00) per day, for a minimum period of three (3) days and a maximum period of seven (7) days. That the impound fees payable to Blair shall be twenty dollars ($20.00) per dog, payable by Village of Washington to Blair. The City of Blair will bill on a monthly basis for all impound and boarding fees. 2. Services: That all dogs so impounded shall be treated in a hiimnne manner and shall be provided with a sufficient supply of food and water each day, and the facility constituting the animal shelter shall be maintained strictly in accordance with the law of this state. 3. Release of Doe: No dog shall be released or redeemed by its owner or other person adopting the swine, unless such party shall have a receipt from the Village of Washington for a dog license and for payment of the (b) (c) impound and boarding fees. 4. Unclaimed Dogs: That any dog unclaimed beyond seven (7) days shall ' I be transported by Blair, without additional transportation cost for Village of Washington, to Thone's Animal Clinic or Blair Small Animal Clinic, in Blair, Nebraska where it will be destroyed and disposed of in a summary and humane manner. 5. Any sick or injured dog shall be immediately transported to Thone's Animal Clinic or Blair Small Animal Clinic for treatment. If treatment is 2 estimated to cost in excess of fifty dollars ($50.00), said clinic shall contact Village of Washington City Clerk or his/her representative for authorization to treat. All costs of treatment shall be the expense of Village of Washington. Village of Washington shall either authorize immediate treatment or authorize the immediate destruction and disposal of such dog. 6. Cost of Veterinary Services: That the cost of services provided by Thone's Animal Clinic or Blair Small Animal Clinic for dogs impounded for Village of Washington shall be the sole responsibility of Village of Washington and shall be billed directly to Village of Washington, as set forth in Number 5 hereinabove. 7. Termination: This Agreement shall continue in effect from year to year until rescinded or terminated by the withdrawal of either Village of Washington or Blair. Such withdrawal shall require written notice by either party, of not less than ten (10) days. 8. Transportation: Village of Washington shall be responsible for transporting all animals to the City of Blair Jeanette Hunt Animal Shelter. CITY OF BLAIR, NEBRASKA Al'TEST: 3 Atj Brenda R. Taylor, City/ lerk VILLAGE OF WASHINGTON, NEBRASKA By k Chairman z 4 ATTEST: July 15, 2002 Louis Kologenski Village of Washington P.O. Box 207 Washington, Nebraska 68068 -0207 RE: Animal Control Impoundment Agreement Dear Mr. Kologenski, CITY OF 5LAIQ At the regular meeting of the Mayor and City Council on July 9, 2002, the Council adopted Resolution No. 2002 -30 approving an Interlocal Agreement with your community for Animal Control services. Enclosed are two (2) copies of this agreement. If you would like the City of Blair to provide these services, you will need to sign and return both copies of the Agreement to our office at your earliest convenience. A fully executed Agreement will be returned to you at a later date. This Agreement will take affect September 1, 2002. If you have any questions, feel free to contact me. Thank you in advance for your assistance in this matter. Sincerely, Brenda Taylor City Clerk 218 South 16th Street • Blair, Nebraska 68008 • 402 - 426 -4191 • Fax 402- 426 -4195 • E -mail chyofblair @huntel.net INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into on this 9th day of July, 2002 by and between the Village of Washington, Washington County, Nebraska, (Village of Washington), and the City of Blair, Washington County, Nebraska, a City of the First Class, (Blair). WITNESSETH: Whereas, the parties hereto find it to be to their mutual advantage to cooperate in the impoundment, boarding and disposition of dogs running at large which are originally captured within the corporate city limits of Village of Washington; and Whereas, Village of Washington and Blair are authorized by law to regulate the running at large of dogs, and to provide for their impoundment and disposition under the provisions of, respectively, Neb. Rev. Stat. 17 -547 and 17 -548, and Neb. Rev. Stat 16- 235 and 16- 236 of the Revised Statutes of Nebraska, 1943; and Whereas, the parties are authorized to join together cooperatively under the terms of the Interlocal Cooperation Act, that being Neb. Rev. Stat. 23 -2201 et seq, and amendments thereto; and Whereas, it is to the mutual advantage of the parties hereto that a written Agreement be entered into providing for the impoundment, boarding and disposition of such dogs. NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. Boarding and Impound Fees: 1 (a) That the boarding fee for each such dog impounded, payable by Village of Washington to Blair, shall be ten dollars ($10.00) per day, for a minimum period of three (3) days and a maximum period of seven (7) days. (b) That the impound fees payable to Blair shall be twenty dollars ($20.00) per dog, payable by Village of Washington to Blair. (c) - The City of Blair will bill on a monthly basis for all impound and boarding fees. 2. Services: That all dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and water each day, and the facility constituting the animal shelter shall be maintained strictly in accordance with the law of this state. 3. Release of Dog: No dog shall be released or redeemed by its owner or other person adopting the same, unless such party shall have a receipt from the Village of Washington for a dog license and for payment of the impound and boarding fees. 4. Unclaimed Dogs: That any dog unclaimed beyond seven (7) days shall be transported by Blair, without additional transportation cost for Village of Washington, to Thone's Animal Clinic or Blair Small Animal Clinic, in Blair, Nebraska where it will be destroyed and disposed of in a summary and humane manner. 5. Any sick or injured dog shall be immediately transported to Thone's Animal Clinic or Blair Small Animal Clinic for treatment. If treatment is 2 t estimated to cost in excess of fifty dollars ($50.00), said clinic shall contact Village of Washington City Clerk or his/her representative for authorization to treat. All costs of treatment shall be the expense of Village of Washington. Village of Washington shall either authorize immediate treatment or authorize the immediate destruction and disposal of such dog. 6. Cost of Veterinary Services: That the cost of services provided by Thone's Animal Clinic or Blair Small Animal Clinic for dogs impounded for Village of Washington shall be the sole responsibility of Village of Washington and shall be billed directly to Village of Washington, as set forth in Number 5 hereinabove. 7. Termination: This Agreement shall continue in effect from year to year until rescinded or terminated by the withdrawal of either Village of Washington or Blair. Such withdrawal shall require written notice by either party, of not less than ten (10) days. 8. Transportation: Village of Washington shall be responsible for transporting all animals to the City of Blair Jeanette Hunt Animal Shelter. CITY OF BLAIR, NEBRASKA By �Realph Mayor 3 Al PEST: Brenda R. Taylor, Clerk VILLAGE OF WASHINGTON, NEBRASKA 4 ATTEST: RESOLUTION NO. 2002 - 31 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 39, Sanitary Sewer Extension District No. 58 and Street Improvement District No. 179 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 13 day of August, 2002, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Water Extension District No. 39, Sanitary Sewer Extension District No. 58 and Street Improvement District No. 179; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF JULY, 2002. CITY OF BLAIR, NEBRASKA By_ "MIC!IAEL A. MINES, MAYOR ATTEST: BRENDA R. TAYLOR, Cl'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 23rd day of July, 2002. BRENDA R. TAYLOR, C%TY CLERK RESOLUTION NO. 2002 - 32 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 38, Sanitary Sewer Extension District No. 57 and Street Improvement District No. 177 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 13 day of August, 2002, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Water Extension District No. 38, Sanitary Sewer Extension District No. 59 and Street Improvement District No. 177; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. COUNCIL MEMBER FANOELE MOVED THAT. THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, ABBOTT, REALPH, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 23RD DAY OF JULY, 2002. CITY OF BLAIR, NEBRASKA BY CHAEL A. MINE MAYOR ATTEST: BRENDA R. TAYLOR, CY 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 23rd day of July, 2002. K ittAfA Zz/(0/1. BRENDA R. TAYLOR, gtrY CLERK RESOLUTION NO. 2002 — 33 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 39, Sanitary Sewer Extension District No. 58 and Street Improvement District No. 179 were tentatively approved by Resolution No. 2002 -31 on July 23, 2002 and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 27 day of August, 2002, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Water Extension District No. 39, Sanitary Sewer Extension District No. 58 and Street Improvement District No. 179; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13TH DAY OF AUGUST, 2002. CITY OF BLAIR, NEBRASKA BY L A. NuNh f OR ATTEST: (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 August, 2002. BRENDA R. TAYLOR, CI'i'CLERK RESOLUTION NO. 2002 — 34 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 38, Sanitary Sewer Extension District No. 57 and Street Improvement District No. 177 were tentatively approved by Resolution No. 2002 -32 on July 23, 2002 and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16 Street on the 27 day of August, 2002, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefited by the improvements in Water Extension District No. 38, Sanitary Sewer Extension District No. 59 and Street Improvement District No. 177; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall mail copies of such notice to all interested parties as provided by law. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 13TH DAY OF AUGUST, 2002. CITY OF BLAIR, NEBRASKA BY _ HAEL A. 1 S, MAYOR ATTEST: (SEAL) BRENDA R.'TAYLOR, C CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 13th day of August, 2002. BRENDA R. TAYLOR, C /CLERK RESOLUTION NO. 2002 -35 BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR, NEBRASKA: 1. Adoption of Amendment of the City of Blair. Nebraska Civilian Employees' Pension Plan and Trust Agreement: NOW, BE IT RESOLVED, that the City shall amend and it hereby does adopt, an amendment to 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 is to adopt the amendments required for tax - qualified retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9), and to provide for the involuntary cash -out of small account balances. 2. Adoption of Amendment of the City of Blair. Nebraska Police Retirement Plan and Trust: NOW, BE IT FURTHER RESOLVED, that the City shall amend and it hereby does adopt, an amendment to 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 is to adopt the amendments required for tax - qualified retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue code Section 401(a)(9). 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. DOCS/510051.1 PASSED AND APPROVED this 13th day of August CITY OF BLAIR, NEBRASKA v Its: Michael nes, Mayor By: By: Its: Tay r , 2002. Brenda y City Clerk AMENDMENT TO THE CITY OF BLAIR, NEBRASKA CIVILIAN EMPLOYEES' PENSION PLAN The City of Blair, Nebraska Civilian Employees' Pension Plan (the "Plan "), as amended and restated effective July 1, 1997, is hereby further amended. This Amendment consists of three parts. Part I of this Amendment adopts certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 ( "EGTRRA "). Part of this Amendment is intended as good faith compliance with the requirements of EGTRRA and is to be construed in accordance with EGTRRA and guidance issued thereunder. Except as otherwise provided, Part I of the Amendment shall be effective January 1, 2002. Part II of this Amendment is intended to adopt Internal Revenue Service model plan amendments designed to comply with the final and temporary regulations under Internal Revenue Code Section 401(a)(9) that were issued April 17, 2002. Part II of this Amendment shall be effective January 1, 2003 Part II of this Amendment provides for an involuntary cash -out of benefits upon the Participant's termination of employment or death of the Participant's vested interest in his accounts does not exceed $5,000. PART I. EGTRRA AMENDMENT A. INCREASE IN COMPENSATION LIMIT Section 1.09(C) of the Plan is hereby amended to incorporate the following changes to the annual limit on Compensation that may be taken into account under the Plan: "The annual Compensation for each Participant taken into account in determining allocations for any Plan Year beginning after December 31, 2001, shall not exceed $200,000, as adjusted for cost -of- living increases in accordance with Code § 401(a)(17)(B). Annual Compensation means Compensation during the Plan Year or such other consecutive 12 -month period over which Compensation is otherwise determined under the Plan (the determination period). The cost -of- living adjustment in effect for a calendar year applies to annual Compensation for the determination period that begins with or within such calendar year." B. LIMITATIONS ON CONTRIBUTIONS Section 3.07 of the Plan is hereby amended as follows to incorporate the following changes to the annual limit on the maximum amount of contributions to a Participant's accounts: "Beginning with the Plan Year commencing on January 1, 2002, the Maximum Permissible Amount described in Section 3.07(c) that may be contributed or allocated to a Participant's accounts in any Plan Year shall not exceed the lesser of: (a) $40,000, as adjusted for increases in the cost -of- living under Code § 415(d); or (b) One hundred percent (100 %) of the Participant's compensation within the meaning of Code § 415(c)(3) paid to the Participant by the Employer in that Plan Year. The compensation limit referred to in paragraph (b) shall not apply to any contribution for medical benefits after separation from service (within the meaning of Code 3 414(h) or Code § 419A(f)(2) which is otherwise treated as an annual addition." C. ROLLOVER CONTRIBUTIONS Section 4.02 of the Plan is hereby amended to authorize the following rollover contributions to the Plan: "(a) Direct Rollovers - The Plan will accept a direct rollover of an eligible rollover distribution from: (1) a qualified plan described in Code §§ 401(a) or 403(a), excluding after -tax employee contributions; (2) an annuity contract described in Code § 403(b), excluding after -tax employee contributions; or (3) an eligible plan under Code § 457(b) which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state of political subdivision of a state. (b) Participant Rollover Contributions from Other Plans - The Plan will accept a Participant contribution of an eligible rollover distribution from: (1) a qualified plan described in Code §§ 401(a) or 403(a); (2) an annuity contract described in Code § 403(b); or (3) an eligible plan under Code § 457(b) which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state. 2 (c) Participant Rollover Contributions from IRAs - The Plan will accept a Participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in Code §§ 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includible in gross income." D. DIRECT ROLLOVERS OF PLAN DISTRIBUTIONS The provisions governing the cash -out of small accounts under 6.01(C) of the Plan are hereby amended, effective August 1, 2002, to incorporate the following provisions: "Effective for any distributions after December 31, 2001, the Participant's Nonforfeitable Accrued Benefit, for purposes of the involuntary cash -out of Nonforfeitable Accrued Benefits not greater than $5,000, shall be determined without regard to the value of the Participant's rollover account that is attributable to rollover contributions (and earnings allocable thereto) within the meaning of Sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code. If the value of the Participant's Nonforfeitable Accrued Benefit as so determined is $5,000 or less upon the Participant's termination of employment, the Plan shall distribute the Participant's Nonforfeitable Accrued Benefit within an administratively reasonable period of time after the Participant's termination of employment." E. DIRECT ROLLOVERS OF PLAN DISTRIBUTIONS Section 6.01 of the Plan is hereby amended to incorporate the following provisions effective for distributions made after December 31, 2001: "(a) Modification of Definition of Eligible Retirement Plan. For purposes of the direct rollover provisions of Section 6.01(D)(2) of the Plan, an 'eligible retirement plan' shall also mean an annuity contract described in Code § 403(b) and an eligible plan under Code § 457(b) which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code § 414(p). (b) Modification of Definition of Eligible Rollover Distribution to Exclude Hardship Distributions. For purposes of the direct rollover 3 provisions in Section 6.01(D)(1) of the Plan, any amount that is distributed on account of hardship shall not be an eligible rollover distribution and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan. (c) Modification of Definition of Eligible Rollover Distribution to Include After -Tax Employee Contributions. For purposes of the direct rollover provisions in Section 6.01(D)(1) of the Plan, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after -tax employee distributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code §§ 408(a) or to a qualified defined contribution plan described in Code §§ 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible." PART II. MINIMUM DISTRIBUTION REQUIREMENTS The provisions of Article VI of the Plan are hereby amended, as applicable, effective as of January 1, 2003, to incorporate the following provisions for purposes of determining a Participant's or Beneficiary's required minimum distribution from the Plan in accordance with the Internal Revenue Code and the final and temporary regulations promulgated thereunder. "(a) Time and Manner of Distribution. (1) Required Beainnina Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's Required Beginning Date. (2) Death of Participant Before Distributions Beain. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows: (A) If the Participant's surviving spouse is the Participant's sole designated Beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant 4 died, or by December 31 of the calendar year in which the Participant would have attained age 70 %, if later. (B) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died. (C) If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (D) If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse begin, this subparagraph (a)(2), other than subparagraph (a)(2)(A) above, will apply as if the surviving spouse were the Participant. For purposes of this subparagraph (a)(2) and paragraph (c), unless this subparagraph (a)(2)(D) applies, distributions are considered to begin on the Participant's Required Beginning Date. If this subparagraph (a)(2)(D) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under subparagraph (a)(2)(A) above. If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's Required Beginning Date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under subparagraph (a)(2)(A) above), the date distributions are considered to begin is the date distributions actually commence. (3) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the 5 Required Beginning Date, as of the first distribution calendar year distributions will be made in accordance with paragraphs (b) and (c). If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Code § 401(a)(9) and the Income Tax Regulations. (b) Required Minimum Distributions During Participant's Lifetime. (1) Amount of Reauired Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of: (A) the quotient obtained by dividing the Participant's Account balance by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9)- 9 of the Income Tax Regulations, using the Participant's age as of the Participant's birthday in the distribution calendar year; or (B) if the Participant's sole designed Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's Account balance by the number in the Joint and Last Survivor. Table set forth in Section 1.401(a)(9) -9 of the Income Tax Regulations, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year. (2) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required minimum distributions will be determined under paragraph (b) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. (c) Required Minimum Distributions After Participant's Death. (1) Death On or After Date Distributions Beain. (A) Participant Survived by Desianated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum 6 amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account balance by the longer of the remaining life expectancy of the Participant or the remaining life expectancy of the Participant's designed Beneficiary, determined as follows: (i) The Participant's remaining life expectancy is calculated using the age of the Participant in the year of death, reduced by one for each subsequent year. (ii) If the Participant's surviving spouse is the Participant's sole designed Beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the Participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year. (iii) If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated using the age of the Beneficiary in the year following the year of the Participant's death, reduced by one for each subsequent year. (B) No Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the year after the year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account balance by the Participant's remaining life expectancy calculated using the age of the Participant 7 in the year of death, reduced by one for each subsequent year. (2) Death Before Date Distributions Beain. (d) Definitions. (A) Participant Survived by Desianated Beneficiary. If the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's Account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in subparagraph (c)(1). (B) No Desianated Beneficiary. If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. (C) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under subparagraph (a)(2)(A), this subparagraph (c)(2) will apply as if the surviving spouse were the Participant. (1) Desianated Beneficiary. The individual who is designated as the Beneficiary under Section 8.02 of the Plan and is the designated Beneficiary under Section 401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9) -1, Q&A-4, of the Income Tax Regulations. (2) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar 8 year which contains the Participant's Required Beginning Date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under subparagraph (a)(2). The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's Required Beginning Date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the Participant's Required Beginning Date occurs, will be made on or before December 31 of that distribution calendar year. (3) Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9) -9 of the Income Tax Regulations. (4) Participant's Account Balance. The Account balance as of the last Valuation Date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the Account as of dates in the valuation calendar year after the Valuation Date and decreased by distributions made in the valuation calendar year after the Valuation Date. The Account balance for the valuation calendar year includes any amounts transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. Required Beginning Date. The date specified in Section 6.01(A) of the Plan." (5) PART III. DISTRIBUTION OF SMALL ACCOUNTS A. DISTRIBUTION OF SMALL ACCOUNTS UPON TERMINATION OF EMPLOYMENT The last sentence of Section 6.01(C) of the Plan is hereby amended, effective as of August 1, 2002, to provide as follows: "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; provided, however, notwithstanding the foregoing provisions of this Section 6.01(C), upon a Participant's termination of employment, if such Participant's vested 9 interest in his Participant's Contribution Account(s) and Employer Contribution Account(s) does not exceed $5,000, then such vested interest shall be paid to such Participant as soon as administratively practicable following the date of such termination in the form of a lump sum payment." B. DISTRIBUTION OF SMALL ACCOUNTS UPON PARTICIPANT'S DEATH Section 8.01 of the Plan is hereby amended, effective August 1, 2002, by the addition of the following sentence at the end of said section: "Notwithstanding the foregoing provisions of this Section 8.01, if the balance of the deceased Participant's Contribution Account(s) and Employer Contribution Account(s) does not exceed $5,000, the only form of payment to a Beneficiary shall be a single lump sum payment." The foregoing amendments to the Plan shall supersede the existing provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. The remaining terms and provisions of the Plan are hereby confirmed and ratified in all respects except insofar as the foregoing provisions of this Amendment amend the same. IN WITNESS WHEREOF, the Employer has caused this Amendment to be executed by its duly authorized official, and the Trustee has caused this Amendment to be executed this i3` day of 4-ca Usk , 2062- . THE CITY OF BLAIR, NEBRASKA Employer DOCS/510011.1 By: 10 By: _ Official Title: 'f26 CITY TREASURER, CITY OF BLAIR, Trustee 1. Adoption of Amendment of the City of Blair. Nebraska Civilian Employees' Pension Plan and Trust Agreement: NOW, BE IT RESOLVED, that the City shall amend and it hereby does adopt, an amendment to 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 is to adopt the amendments required for tax- qualified retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9), and to provide for the involuntary cash -out of small account balances. 2. Adoption of Amendment of the City of Blair. Nebraska Police Retirement Plan and Trust: NOW, BE IT FURTHER RESOLVED, that the City shall amend and it hereby does adopt, an amendment to 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 is to adopt the amendments required for tax- qualified retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue code Section 401(a)(9). 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. RESOLUTION NO. 2002 -35 BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF BLAIR, NEBRASKA: DOCSr510051.1 PASSED AND APPROVED this 13th day of August CITY OF BLAIR, NEBRASKA , 2002. By: Its: Michael Mines, M By: Its: Brenda Taylor((/ City Clerk RESOLUTION NO. 2002 - 36 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Street Improvement District No. 179, Sanitary Sewer Extension District No. 58 and Water Extension District No. 39 have been completed, and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Street Improvement District No. 179, Sanitary Sewer Extension District No. 58 and Water Extension District No. 39have been specially benefited by said improvements in the amounts as shown on said schedules, as changed, and the amounts shown on said schedules, as changed, do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Street Improvement District No. 179, Sanitary Sewer District No. 58 and Water Extension District No. 39. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments, any may be paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after the date of delinquency at the rate provided by law. Said installments for Street Improvement District 179, Sanitary Sewer Extension District No. 58 and Water Extension District No. 39 shall become delinquent in ten (10) equal installments, as follows: 1 /10th — October 16, 2002 SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City Clerk to the Treasurer of the City for collection. SECTION 4. The schedules of proposed assessments, with any changes therein as heretofore directed by the Board, shall be attached to and made a part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER 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 PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 2002. ATTEST: 677-(1; f (eyl % BRENDA R. TAYLORITY CLERK (SEAL) 1 /10th - one year from date hereof 1 /10th - two years from date hereof 1 /10th - three years from date hereof 1 /10th - four years from date hereof 1 /10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1 /10th - eight years from date hereof 1 /10th - nine years from date hereof CITY OF BLAIR, NEBRASKA BY MICHAEL A. 1VES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 27th day of August, 2002. BRENDA R. TAYLOR,ITY CLERK OWNER JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 SPECIAL ASSESSMENT SCHEDULE LOTS 118 THROUGHT 142, ALL IN SECTION 2, T18N, R11E, DEERFIELD FIRST ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. HGM PROJECT NO. 71431 PAGE 1 LOT NUMBER 118 119 $4,514.08 120 $4,514.08 121 $4,514.08 122 $4,514.08 123 $4,514.08 124 $4,514.08 125 $4,514.08 128 $4,514.08 STREET IMPROVEMENT NO. 179 $4,514.08 WATER IMPROVEMENT NO.39 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 SANITARY SEWER TOTAL IMPROVEMENT NO. ASSESSMENTS 58 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 SPECIAL ASSESSMENT SCHEDULE LOTS 118 THROUGHT 142, ALL IN SECTION 2, T18N, R11 E, DEERFIELD FIRST ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. HGM PROJECT NO. 71431 PAGE 2 OWNER JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC, 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 LOT NUMBER 127 128 $4,514.08 129 $4,514.08 130 $4,514.08 131 $4,514.08 132 $4,514.08 133 $4,514.08 134 $4,514.08 135 $4,514.08 STREET IMPROVEMENT NO.179 $4,514.08 WATER IMPROVEMENT NO.39 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 SANITARY SEWER TOTAL IMPROVEMENT NO. ASSESSMENTS 58 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 SPECIAL ASSESSMENT SCHEDULE LOTS 118 THROUGHT 142, ALL IN SECTION 2, T18N, R11 E, DEERFIELD FIRST ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. HGM PROJECT NO. 71431 PAGE 3 OWNER JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 JCM INVESTMENTS, INC. 7110 Morgan Circle Omaha, NE 68152 LOT NUMBER 136 137 $4,514.08 138 $4,514.08 139 $4,514.08 140 $4,514.08 141 $4,514.08 142 $4,514.08 STREET IMPROVEMENT NO. 179 $4,514.08 WATER IMPROVEMENT NO.39 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 $1,246.37 SANITARY SEWER TOTAL IMPROVEMENT NO. ASSESSMENTS 58 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 $2,243.12 $8,003.57 RESOLUTION NO. 2002 - 37 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 have been completed, and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 have been specially benefited by said improvements in the amounts as shown on said schedules, as changed, and the amounts shown on said schedules, as changed, do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Street Improvement District No. 177, Sanitary Sewer District No. 57 and Water Extension District No. 38. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by the Board of Equalization. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments, any may be paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 6.5% per annum from and after the date of passage of this Resolution, and from and after the date of delinquency at the rate provided by law. Said installments for Street Improvement District 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 shall become delinquent in ten (10) equal installments, as follows: 1 /10th — October 16, 2002 1 /10th - one year from date hereof 1 /10th - two years from date hereof 1 /10th - three years from date hereof 1 /10th - four years from date hereof 1 /10th - five years from date hereof 1 /10th - six years from date hereof 1 /10th - seven years from date hereof 1 /10th - eight years from date hereof 1 /10th - nine years from date hereof SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City Clerk to the Treasurer of the City for collection. SECTION 4. The schedules of proposed assessments, with any changes therein as heretofore directed by the Board, shall be attached to and made a part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCILMEMBER WOLFF 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, BIFFAR AND ABBOTT VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 2002. ATTEST: (SEAL) BRENDA R. TAYLORedITY CLERK CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of August, 2002. 6/ BRENDA R. TAYLOB6 CITY CLERK SPECIAL ASSESSMENT SCHEDULE 10TH WILBUR STREET HMI PROJECT NO. 71360 PAGE 1 OWNER STRATBUCKER FARMS, LTD % GEORGE STRATBUCKER 61395 Levi Road Glenwood, IA 51534 WANDA J. MILLER 710 S 10th Street Blair Ne 68008 LEGAL DESCRIPTION Tax Lot 248(old tax Lot 187) in Section 13, Township 18 North, Range 11 East of the 6th P.M., City of Blair Washington County, Nebraska AND Tax Lot 249 (old Tax Lot 157) In section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska LINEAR FEET Tax Lot 261 (old Tax Lot 895 175) in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska STREET IMPROVEMENT NO. 177 1250 $82,296.65 $45,756.94 WATER IMPROVEMENT NO.38 • $31,187.50 $17,340.25 SANITARY SEWER IMPROVEMENT NO. 57 $42,342.09 $23,542.20 TOTAL ASSESSMENTS $155,826.24 $86,639:39 SPECIAL ASSESSMENT SCHEDULE 10TH WILBUR.STREET HGM PROJECT NO. 71350 PAGE 2 OWNER BLAIR AREA YOUNG MEN'S CHRISTIAN ASSOCIATION 1278 Wilbur Street Blair, Ne 68008 CITY OF BLAIR 218 S 16th Street Blair, NE 68008 LEGAL DESCRIPTION Tax Lot 247 (old Tax Log 173 & Prospect Street) in Section 13, Township 18 North, Range 11 East of the 6th P.M., city of Blair Washington County Nebraska AND Lot 3 in Wilson's Addition to the city of Blair, Washington County, Nebraska.(less 10th Street right -of -way). N/A LINEAR FEET 1840 N/A STREET IMPROVEMENT NO. 177 $0.00 $309,308.43 WATER IMPROVEMENT NO.38 $0.00 $58,252.27 SANITARY SEWER IMPROVEMENT NO. 57 $0.00 $78,578.28 - TOTAL ASSESSMENTS $0.00 $446,138.98 RESOLUTION NO. 2002 - 38 COUNCIL 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, as follows, to -wit: (1) The Mayor is authorized to sign documents to obtain financial assistance, including a Project Agreement with the State of Nebraska and the National Park Service. (2) The City of Blair, Nebraska will, within thirty (30) days following federal approval, obtain the necessary consultant or appraisal services for this project as directed and as required by the NGPC staff. (3) The City of Blair, Nebraska has budgeted or currently has available its 50% share of the proposed total project funds and will allocate these funds toward this project upon project approval by the NGPC. (4) The City of Blair, Nebraska has also the financial capability to operate and maintain the completed project and park property in a safe, attractive and sanitary manner. (5) The City of Blair, Nebraska will not discriminate against any person on the basis of race, color, age, religion, handicap, sex or national origin in the use of any property or facility acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88 -354 (1964), and any of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. (6) No property acquired and/or developed under this project shall, without the approval of the Nebraska Game and Parks Commission and the Secretary of the Interior, be converted to non -public outdoor recreation uses. And, such approval maybe granted only if it is in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. ATTEST: (SEAL) (7) The City of Blair, Nebraska will replace the land in the event of a conversion in use in accordance with Section 6(f)(3) of Land and Water Conservation Fund Act of 1965, as amended. (8) The City of Blair, Nebraska agrees to comply with all State and Federal requirements and standards where they can be applied in making the facilities developed under this project, and all future projects, accessible to and usable by the disabled. 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, BIFFAR AND ABBOTT VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 2002 ba4-0Z, d-c_ BRENDA R. TAYLC3Ya. CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 27 day of August, 2002. Az6", ie BRENDA R. TAYLOR, C f LERK that: RESOLUTION NO. 2002 - 39 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 77 -27, 142 (1) of the Revised Statutes of Nebraska provides (1) "Any incorporated municipality by ordinance of its governing body is hereby by authorized to impose a sales and use tax of one -half percent, one percent or one and one -half percent of the same transactions within such incorporated municipality on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time. No sales and use tax shall be imposed pursuant to this Section until an election has been held and a majority of the qualified electors have approved such tax pursuant to Section 77- 27,142.01 and 77- 27,142.02 ". WHEREAS, at an election held on May 14, 2002, the registered electors of the City of Blair, Nebraska voted to authorize the purchase of Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, in Block 45 in the City of Blair, Washington County, Nebraska (hereinafter referred to as "Safeway Building "). WHEREAS, in order to finance the purchase of the Safeway Building for law enforcement purposes, the City Council authorized and issued Seven Hundred Forty-Five Thousand Dollars ($745,000.00) worth of Public Safety Equipment Tax Anticipation Bond Series 2002, and that said bonds are now outstanding. WHEREAS, Public Safety Equipment Tax Anticipation Bond Series 2002 could be paid in full through the use of a local option sales and use tax collected over a two and one -half year (30 month) period or could be paid through the use of property taxes over a twenty (20) year term. WHEREAS, if the local option sales and use tax funds are used to pay off said indebtedness, it is anticipated that the indebtedness could be paid off after five year bond call period with an estimated savings in interest payments in the approximate amount of $350,000.00. NOW, THEREFORE, in consideration of the foregoing recitals, the Mayor and City Council of the City of Blair, Nebraska, hereby adopt the following Resolution: SECTION 1. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Mayor and the City Council, as the governing body of the incorporated municipality of Blair, Nebraska, hereby order the submission of the following question of imposing a one -half percent city sales and use tax to the qualified electors of the City of Blair, Nebraska, at the November 5, 2002 Nebraska General . I i i lu 1.1 i 11 i III Election. The question shall be submitted to the qualified electors of the City of Blair in the following form and shall be subject to the following stated conditions: "Shall the governing body of the City of Blair, Nebraska impose a sales and use tax in the amount of one -half percent upon the same transactions within the City of Blair upon which the State of Nebraska is authorized to impose a tax subject to the following terms and conditions: (1) That the term of the one -half percent City sales and use tax shall be limited to a period of thirty (30) months; (2) That proceeds from the one -half percent City sales and use tax are to be used for the purpose of retiring the outstanding principal and interest due and owing on Public Safety Equipment Tax Anticipation Bond Series 2002: (3) That if the proceeds from the one -half percent City sales and use tax are in excess of the amount of money necessary to retire the principal and interest for Public Safety Equipment Tax Anticipation Bond Series 2002, then, the excess proceeds shall be used for property tax relief; and, (4) That if a majority of the votes cast upon such one -half percent city sales and use tax question shall be in favor of such one -half percent City sales and use tax, then the Mayor and City Council of the City of Blair, Nebraska, shall be empowered to forthwith proceed to impose such one -half percent city sales and use tax pursuant to the Local Option Revenue Act." COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27TH DAY OF AUGUST, 2002. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR ATTEST: BRENDA R. TAYLOI�I/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 27th day of August, 2002. _ f A R. TAYLOR, C CLERK 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Mayor and City Council have reviewed Resolution No.2002 -1, adopted by the Blair Airport Authority on August 20, 2002 and do hereby approve the levy request of 1.3069 cents per one hundred dollars of actual valuation. 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, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27TH DAY OF AUGUST, 2002. ATTEST: Brenda R. Taylor, CiWClerk (SEAL) STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) RESOLUTION NO. 2002-40 CITY OF BLAIR, NEBRASKA BY, i chael 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 duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 27 day of August, 2002. ie( Brenda R.Taylor City Clerk RESOLUTION NO. 2002- 41 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request for the current year for the City of Blair, Nebraska; and WHEREAS, it is in the best interests of the City of Blair that the property tax request for the current year be a different amount than the property tax request for the prior year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, BY A MAJORITY VOTE, RESOLVES THAT: (1) The combined property tax request for the City of Blair for the fiscal year beginning October 1, 2002, be set at $.339635 per one hundred dollars of valuation for the City of Blair and is allocated as follows: (a) General Fund (b) Street Fund (c) Debt Service Fund Levy Per Hundred Dollars of Valuation $.264481 $.061684 $.013470 The property tax request for the Blair Airport Authority for the fiscal year beginning October 1, 2002, be set at $.013078 per one hundred dollars of valuation for debt service; and The City Clerk certify and forward a copy of this Resolution to the Washington County Clerk and the Auditor of Public Accounts on or before October 31, 2002. COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABOTT. 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 10TH DAY OF SEPTEMBER, 2002. ATTEST: (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA. BY MICHAEL A. S, MAYOR BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of September, 2002. BRENDA R.TAYLOR, CI CLERK RESOLUTION NO. 2002 - 42 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska owns certain strips of real estate ten feet (10') in width, adjacent and parallel to 24 Street in the City of Blair, Nebraska, and the City desires to dedicate such strips of real estate as part of 24 Street in order to widen the right -of -way for 24 Street. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following strips of land are hereby dedicated to the Public as right -of -way for 24 Street in the City of Blair, Nebraska, to -wit: 1. The 10' wide section of land parallel and adjacent to the west side of Lot 9, Block 17 of Dexter's Addition to the City of Blair, Washington County Nebraska, between Park Street and the alley in Block 17. 2. The 10' wide section of land parallel and adjacent to the west side of Lot 10 Block 17 of Dexter's Addition to the City of Blair, Washington County, Nebraska, between Jackson Street and the alley in Block 17. 3. The 10' wide section of land parallel and adjacent to the west side of Lot 9, Block 8 in Dexter's Addition to the City of Blair, Washington County, Nebraska, between Nebraska Street and the alley in Block 8. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLLCALL, COUNCIL MEMBERS WAITE, REALPH, ABBOTT, FANOELE, SHOTWELL, BIFFAR, MCMANIGAL AND WOLFF VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF SEPTEMBER, 2002. CITY OF BLAIR, NEBRASKA ATTEST: 661-i-k— BRENDA R. TAYLOR, QTY 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 thelOth day of September, 2002. BRENDA R. TAYLOR, CITY (ERK 60.0' 7 /8 DEXTERS 360. a' 360.0 0 0 M 70' r5 57.0 30' 24' L 5.0" 7.0' 55:0' ' 54.0 4 �o F 3 ° 21 Q30 nte, 322 110 i T /4'4' Q087 75.10 57.0 5 54,. ' AC 54.0' a ,io 60.0' I-- . A1 o 60..0 a 9 a /0 60.0' 60.0 x /0 a 3'! so. 0! A3 0 60.0' 30 ' // 60.0' I 60.0 O z ! 5 ,99d3 N I // .j 12 00' I so.o' /7 60, 0 8 /2 O 60.0'. ti 8 60 0' b � o • 80 O /5 G +, o 'aJ04 h 30 ' H ..v 75' • ° • NE8Rg5/(. /50.0 /50.0 /50.0 / /50.0 3 4 / 80' 0 "0332.3. RESOLUTION NO. 2002 - 43 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska proposes to apply of assistance from the Transportation Enhancement Program for the purpose of constructing segments of the Dana — Black Elk Neihardt Park Trail; and WHEREAS, the project includes construction of a hiking/biking trail from approximately 22 Street and Highway 75 North to Dana College and Black Elk Neihardt 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 constructing segments of the Dana/Black Elk Neihardt Trail. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLLCALL, COUNCIL MEMBERS ABBOTT, WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF SEPTEMBER, 2002. PEST: %— BRENDA R. TAYLOR, TY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of September, 2002. BRENDA R. TAYLOR, CI'f CLERK 111 4,$ at741 IJaY t z Li 3 ••••i. •■• ` Z3VL ., • 71 • • • . . .•• immoiNc,::astagoi . • ia;,,,Wer • 46 4 44, r ,43 : • , • ••• 7Tr. • • • " • A..' it, • 7.:7-j.". • maim zorrs' Vr I - tc • • •• rf • —.)••• . • • • • 131 • Pop • 'r — 3 7 4: , s7: 7 f 4f' — 7 MEMORANDUM September 4, 2002 TO: City Council Members FROM: Scott Bovick, Assistant City Administrator RE: DANA BLACK ELK TRAIL FINAL APPLICATION The resolution before the City Council is to approve submittal of the final application for the Dana Black Elk Trail to the Nebraska Department of Roads Transportation Enhancement Program. The Dana Black Elk Trail is the second phase of the trail system. The first phase, the Deerfield Lions Trail, has been approved for funding by the Transportation Enhancement Program and is planned for construction in spring of 2003. The application is due to the Enhancement Committee by September 20, 2002. The Dana Black Elk Trail will be constructed with 10' wide and 6" thick concrete and will be approximately 1.22 miles (6,444 linear feet). The trail will begin at the intersection of Highway 75 and 22"' Street will proceed southwest through the Lutheran g Homefio-CA3lege Drive; will- cross - Collegc Drive and then Cauble Creek, and then run south along the creek and behind the Dana College Baseball/Softball Fields. The trail will cross 27th Street and continue along the south side of Dana College's new soccer field. The trail will fork with one leg heading north along the west side of the Dana College Football Stadium and will connect to the existing Dana College campus sidewalk system. The other leg will continue northwest and will connect to the existing Black Elk — Neihardt Park Walking Trail. A map of the proposed trail is provided in your packet. The total cost of the project is estimated at $506,369.84. The federal share would be 80 %, or $ 405,096. The applicant's cash match is 20 %, or $101,274. The Papio Natural Resource District has agreed to match 10% of the total cost to any trails that are approved, so the city's contribution will be approximately $50,000. Letters of support from the Blair Area Chamber of Commerce, Dana College, and the Blair Trails Committee will be included in the application. The resolution in front of you is to approve submitting the final application with the expectation that the city would contribute approximately $50,000 if the project receives federal funds RESOLUTION NO. 2002-44 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION; WHEREAS, pursuant to Neb. Rev. Stat. 16 -209 and Municipal Code Section 5- 203, the City Council may, by resolution, restrict trucks from traveling upon any street other than those designated for trucks. WHEREAS, in the interest of public safety and to prevent injury to Grant Street, the Mayor and City Council of the City of Blair, Nebraska, deem it to be in the best interest of the City to prohibit trucks weighing in excess of ten thousand (10,000) pounds from traveling upon Grant Street between 9 Street and 13 Street in the City of Blair, Nebraska, subject to certain exceptions. NOW THEREFORE BE IT RESOLVED that it shall be unlawful for any truck in excess of ten thousand (10,000) pounds to travel upon Grant Street between 9 Street and 13 Street in the City of Blair, Nebraska, unless to pick up or deliver wares or merchandise to or from residences or businesses located adjacent to that portion of Grant Street lying between 9 Street and 13 Street. BE IT FURTHER RESOLVED that the Director of Public Works shall erect signs indicating the prohibition of trucks traveling upon Grant Street between 9 Street and 13 Street. BE IT FURTHER RESOLVED that conviction of violation of this provision shall subject the violator to be guilty of a Class III Misdemeanor as set forth in Section 5 -701 of the Municipal Code of the City of Blair, Nebraska. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLLCALL, COUNCIL MEMBERS ABBOTT, FANOELE, WAITE, REALPH, SHOTWELL, MCMANIGAL AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF SEPTEMBER, 2002. ATTEST: (SEAL) BRENDA R. TAYLOR, CI STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) LERK CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of September BRENDA R. TAYLOR, CI CLERK b � 00 ° a a 110 U. 011 :01111: -110 21111 L. 011110 '01111: IIJOMPF c i;no a! 01 MUM n S I n • • • Oiii10 Heuer 011110 '011110 • 011!1 :I0►�110 CHIC It VAIN • I s' a. L . MUD 0 "!!! ti 011" ''110 C1 0 ;ii :1111: Cali: ",111 ; i L- a. a. a . a _ _ U. aa coo um tj+ � 1 ;° 1 13:50FEW , • a. • L. a. a • s a L! I - • r a a a • a. a111 a. a Ii: 1 11 110 11� L 11 i • ar 0 / / / Ia •1#11. i aM a. a. GG r . i - � a. I OITY 1.1117* -- -- MI IMO MIND Mile M — MM- — s Malt as L. L a. as L. O L T W N mum MI. IBEX IIIITS a . U.11 MY en I O 1 6 12 1 12 13 1E 4 IMMO a. a - I - a. a . 1 1. 1 a! I NA Ls .& a. 1. RESOLUTION NO. 2002 - 45 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: SECTION 1. Whereas, pursuant to Resolution 2002 -37, adopted on August 27, 2002, the Mayor and City Council determined that the improvements made in Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 had been completed and the Mayor and City Council found that among other things, Tax Lot 251 in Section 13, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska had been specially benefited by such projects and that the portion of the project assessed to the above- described real estate is as follows, to -wit: Description Amount Street Improvement District No. 177 $45,756.94 Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 $40,882.45 Total $86,639.39 Whereas, the owner of the above- described real estate, namely Wanda J. Miller, has timely made application to the City of Blair for deferral of payment of the Special Assessments set forth above and the City of Blair does hereby desire to acknowledge said deferral. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the assessments for Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 levied against Tax Lot 251 in Section 13, Township 18 North, Range 11, East of the 6 P.M., Washington County, Nebraska be and hereby is deemed to be qualified for deferral of payments pursuant to Neb. Rev. Stat. 19 -2427 et. seq., for the reason that said real estate is included within an agricultural use zone and is used exclusively for agricultural use. BE IT FURTHER RESOLVED that the Mayor and City Council of the City of Blair, Nebraska do hereby approve the deferral of the Special Assessments assessed against the real estate described hereinabove, and furthermore, that the deferral provided under this Resolution shall be terminated upon any of the following events, to -wit: 1. Notification by the owner of record title to the City Council to remove such referral; 2. Sale or transfer to a new owner who does not make a new application within sixty (60) days of the sale or transfer, except as provided in subsection (3) immediately hereinbelow; 3. Transfer by reason of death of Wanda J. Miller to a new owner who does not make application within one hundred twenty -five (125) days of the transfer; 4. The real estate is no longer being used as agricultural land; or, change of zoning to other than an agricultural zone. BE IT FURTHER RESOLVED, that whenever the above- described real estate becomes disqualified for such deferral, the owner of record of such property shall pay to the City of Blair, Nebraska an amount equal to the total amount of Special Assessments for Street Improvement District No. 177 ($45,756.94) and Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 ($40,882.45) had such deferral not been granted; provided further, that interest on the Special Assessments shall be deferred and shall accrue from the time the above - described real estate becomes disqualified for deferral; provided further, that interest shall be at the same rate as was charged to other property owners within Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 and amortized over a term to coincide with the original amortization. COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002 ATTEST: Y •n J d � f e.-/ ? CLERK BRENDA R. TAYLOR, (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 24th day of September, 2002. z!)// 1l / /V14 BRENDA R. TAYLOR, CI CLERK NOTICE OF DEFERRAL OF SPECIAL ASSESSEMENT Legal Description: Tax Lot 251 in Section 13, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska. Whereas, pursuant to Neb. Rev. Stat. 18 -2429, the undersigned has made application to the City Council for the City of Blair, Nebraska for deferral of payment of the Special Assessments for Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38. In support of the application for deferral of Special Assessments, the undersigned, being first duly sworn on oath deposes and states as follows, to -wit: 1. The undersigned is the fee simple owner of the above - described real estate. 2. That the above described real estate is included within an agricultural use zone and is used exclusively for agricultural use. The undersigned is aware of the fact that the deferral of the payment of the Special Assessments for Street Improvement District No. 177, Sanitary Sewer Extension District No. 57 and Water Extension District No. 38 shall be terminated upon any of the following events, to -wit: 1. Notification by the undersigned to the City Council for the City of Blair to remove such deferral; 2. Sale or transfer of the above - described real estate to a new owner who does not make a new application within sixty (60) days of sale or transfer, except as provided in Subsection (3) hereinbelow; 3. Transfer by reason of death of the undersigned to a new owner who does not make application within one hundred twenty -five (125) days of the transfer; 4. The above - described real estate is no longer being used exclusively for agricultural use; or, there is a change of zoning for the above - described real estate to a zoning category other than an agricultural zone. The undersigned further understands that whenever the above - described real estate has received a deferral pursuant to Neb. Rev. Stat. 19 -2428 to 19 -2431, becomes disqualified for such deferral, the undersigned shall pay to the City of Blair, Nebraska an amount equal to the total amount of Special Assessments which would have been assessed against such real estate, to the extent of the special benefits, had such deferral not been granted. Interest on the Special Assessments shall be deferred and shall accrue from the time the property becomes disqualified or deferral period. The interest rate shall be the same as was charged to other property owners within the Special Assessment districts in question and amortized over a term to coincide with the original amortization period. FURTHER AFFIANT SAYETH NOT. il ry WANDA f.-MILLER STATE OF NEBRASKA COUNTY OF WASHINGTON On this day of September, 2002, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Wanda J. Miller, to me known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be her voluntary act and deed. Witness my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska KOREY YOUNG My Comm. Exp. DEC.1, 2005 ) :ss: 1(.c\t Notary Public RESOLUTION NO. 2002 - 46 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, LB 1211 adopted by the Legislature for the State of Nebraska authorized the formation of an alliance under the Interlocal Cooperation Act to operate, maintain and manage the Nebraska Public Safety Wireless Communication System. WHEREAS, the Department of Administrative Services of the State of Nebraska is sponsoring the Interlocal Agreement referred to as the "Statewide Communications Alliance of Nebraska ", including the Game and Parks Commission, University of Nebraska, municipalities, counties, power districts and fire districts, to promote efficiency by enabling members to cooperate with each other on matters pertaining to the statewide communications system. WHEREAS, the Interlocal Agreement creating the "Public Safety Communications Agency of Nebraska" creates an interlocal agency to create a separate political corporate body under the provisions of the Interlocal Cooperation Act which, among other things, can provide additional funding of the Nebraska Public Safety Wireless Communications System through borrowing of funds by the agency. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council deem it to be in the public interest to enter into the Interlocal Agreement creating the "Public Safety Communications Agency of Nebraska" and entering into the Interlocal Agreement creating the "Statewide Communications Alliance of Nebraska" and furthermore, that the Mayor and City Clerk are hereby authorized and directed to execute and deliver both of said Interlocal Agreements on behalf of the City of Blair, Nebraska. COUNCIL MEMBER WAITE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS BIFFAR VOTNG "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF OCTOBER, 2002. ATTEST: BRENDA R. TAYLOR, C6I'Y CLERK STATE OF NEBRASKA ) WASHINGTON COUNTY ) :ss: BY CITY OF BLAIR, NEBRASKA 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 22nd day of October, 2002. /67.4,1/ BRENDA R. TAYLOR, CW CLERK STATEWIDE COMMUNICATIONS ALLIANCE OF NEBRASKA INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of October, 2002, by and among: the State of Nebraska ( "State ") on behalf of the Department of Administrative Services ( "DAS "), the Game and Parks Commission ( "Game Commission "), and the Board of Regents of the University of Nebraska ( "University"); participating Nebraska municipalities, including cities and villages, political subdivisions of the State of Nebraska ( "Municipalities "); participating Nebraska counties, political subdivisions of the State of Nebraska ( "Counties "); participating public power districts and public power and irrigation districts, public corporations and political subdivisions of the State of Nebraska ( "Power Districts "); and participating rural and suburban fire protection districts, bodies politic and corporate of the State of Nebraska ( "Fire Districts "); all collectively referred to as "Members." WHEREAS, Article XV, Section 18 of the Nebraska Constitution and Sections 13 -801 to 13 -827 of R.R.S. Neb. 1997, as amended (the "Interlocal Cooperation Act "), permit subdivisions of government in the State of Nebraska to cooperate with one another for the purpose of jointly exercising governmental authority and responsibilities; WHEREAS, LB 1211 of the Ninety - Seventh Legislature, Second Session ( "LB 1211 ") authorizes the formation of an alliance (the "Alliance ") as a joint entity under the Interlocal Cooperation Act to operate, maintain and manage the Nebraska Public Safety Wireless Communication System (the "System "); WHEREAS, LB 1211 provides that the State, on behalf of DAS, the Game Commission and the University, may be a Member of the Alliance; WHEREAS, Each of the Members is responsible for one or more radio communications systems that are used in the conduct of public safety functions, including emergency and medical 1 services, law enforcement services, fire management services, emergency and disaster relief services and correctional services; WHEREAS, during emergencies the resources of the State and its subdivisions must be 2 effectively directed to save lives, to protect property, and to meet the needs of its citizens; WHEREAS, the radio communications systems presently used by many of the Members are aging beyond useful life expectancy, deficient in capacity and reach, and lack many needed capabilities including the ability to interoperate with other Members' systems; WHEREAS, recent changes and advances in communication technology permit integration of Members' radio communications into a shared system with substantial resulting efficiencies as well as increases in capacity, coverage and capability, all of which will enhance the Members' ability to provide efficient and effective public safety services; WHEREAS, the Public Safety Communications Agency of Nebraska, an interlocal agency created under the Interlocal Cooperation Act and authorized by LB 1211 (the "Agency"), is undertaking, in whole or in part, the design, development, finance, implementation and improvement of a statewide public safety radio communications system; and WHEREAS, Members are desirous of cooperating with the Agency by providing for the operation, administration , maintenance, and if determined appropriate, ownership of a statewide public safety radio communications system. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members (as presently or hereafter identified) agree as follows: Section 1. Creation of the Alliance. Pursuant to the Interlocal Cooperation Act and LB 1211, the Members hereby create a joint entity which shall be named the Statewide Communications Alliance of Nebraska (the "Alliance ") and shall constitute a separate body corporate and politic under the provisions of the Interlocal Cooperation Act. The Alliance shall be subject to control by its Members in accordance with the terms of LB 1211 and this Agreement. The Governor's approval, evidenced by signature of an Agreement Approval (in the form attached hereto as Exhibit "A "), shall reflect the State's approval of this Agreement. The governing body of each Member, other than the State, shall have approved (or shall approve) this Agreement by resolution or ordinance (the "Measure Approving Participation ") and by duly executing an Agreement Approval (in the form attached hereto as Exhibit `B "). A certified copy of a Measure Approving Participation, if required, and an Agreement Approval for each Member shall be kept on file at the Alliance's office. The Alliance's existence shall commence upon the approval of this Agreement on behalf two Members and upon the initial appointment of the Executive Board. Section 2. Purposes. The purposes of the Alliance are as follows: 1. promoting efficiency by enabling the Members to cooperate with each other on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will best reflect geographic, economic, population, and other factors influencing the needs and development of the state and local communities. 2. enabling Members to jointly own, operate, regulate, manage and maintain the System. 3. enabling the Members to apply jointly for grants in support of the System; 4. administering and distributing grants for the development of the System; 5. entering into operational service agreements with Members for use of the System, 3 training, and related services; 6. entering into an operating agreement with an acquisition agency for operation and maintenance of the System; 7. entering into interoperability agreements with nonmember entities as needed to foster public safety; 8. providing for revenue to pay operation and administrative costs of the System through periodic charges for availability and the use of the System; 9. contracting for services and leasing of property for the System; and 10. contracting with public or private entities for the administration, operation, or maintenance of the System. Section 3 Organization. The Alliance shall be organized as follows: 1. Governina Body. The governing body of the Alliance shall be the Executive Board which shall be comprised of no more than nine voting members as follows: 1. Three members appointed by the Governor to represent the State on behalf of DAS, the Game Commission, and the University. One such member may be a director of homeland security in Nebraska. Members appointed under this paragraph may not constitute more than one - third of the voting membership of the Executive Board. 2. Two members selected by the Governor in consultation with municipalities and appointed by the Governor to represent participating Municipalities. 3. Two members selected by the Governor in consultation with counties and 4 appointed by the Governor to represent participating Counties. 4. One member selected by the Governor in consultation with public power districts and appointed by the Governor to represent participating Power Districts. 5. One member selected by the Governor in consultation with fire protection districts and appointed by the Governor to represent participating Fire Districts. 2. Succession. A member of the Executive Board may serve until his or her successor is appointed by the Governor as provided in Section 3.A, above. Letters of appointment for members of the Executive Board shall be kept on file in the Alliance's office. 3. Voting. Each Executive Board member shall have one vote if there is at least one Member of the Alliance in the category that the Executive Board member is appointed to represent. If there is no Member of the Alliance in the category that an Executive Board member is appointed to represent, the Executive Board member shall remain on the Executive Board until such time as a Member in such category joins the Alliance. 4. Ouorum. A majority of all voting Executive Board members shall constitute a quorum for the transaction of any Alliance business. 5. Officers. The Executive Board shall elect a Chairperson, a Vice - Chairperson and a Secretary- Treasurer from the Executive Board members. The Chairperson, or in his or her absence, the Vice- Chairperson shall preside at Executive Board meetings. The Executive Board may appoint an Assistant Secretary- Treasurer 5 who is not an Executive Board member. 6. Meetings and Notice. Meetings of the Executive Board may be called by the Chairperson, Vice - Chairperson, the Secretary- Treasurer, or on the written request of at least three members of the Executive Board. A written notice of the meeting and agenda shall be provided to each Executive Board member at least five (5) days prior to each such meeting. Public notice of Executive Board meetings shall be provided in accordance with Sections 84 -1408 to 84 -1414 of R.R.S. Neb. 1943, as amended. 7. Budget. The Executive Board shall prepare and adopt a budget based on a fiscal year as determined for operation of the Alliance. 8. Affiance Staff. Consultants and Others. The Alliance may employ' a consultant and other necessary individuals as deemed appropriate and may set and approve compensation for such individuals, firms or companies. Section 4. Duration. The Alliance shall continue in existence for an initial term of 30 years and thereafter until all of its contractual obligations are satisfied or otherwise discharged, and until any pending audits are complete. Section 5. Powers. The Alliance shall have such powers as are allowed by LB 1211 and the Interlocal Cooperation Act, together with any amendments thereto, and as are listed below: 1. to sue and be sued, complain, and defend in its corporate name; 2. to have a corporate seal, which may be altered at will, and to use it, or a facsimile 6 of it, by impressing or affixing or in any other manner reproducing it, or to dispense with the necessity thereof; 3. to make and amend bylaws not inconsistent with this Agreement, the Interlocal Cooperation Act and other applicable state laws; 4. to apply for, accept and expend or distribute grants and gifts in support of the System; 5. to purchase, receive, lease, or otherwise acquire, own, hold, improve, use and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located, to carry out and effectuate the powers and purposes of this Agreement; 6. to sell, convey, lease, exchange, and otherwise dispose of all or any part of its property to carry out and effectuate the powers and purposes of this Agreement; 7. to contract with and compensate vendors, lessors, and other individuals or entities for the lease, purchase, acquisition, construction, installation, operation, maintenance, upgrade and removal of communications towers, to wer space, tower sites, shelters, communications equipment and software, satellite or terrestrial communications links, power supplies, fuel, and any other equipment, property or services to carry out and effectuate the powers and purposes of this Agreement; 8. to provide for a system of budgeting, accounting, auditing and reporting of all Alliance funds and transactions, for a depository, for the bonding of officers and for otherwise transacting the duties of the Alliance; 9. to contract for insurance with respect to the System; 10. to make and amend rules, regulations, procedures and protocols for operation and - i 7 use of the System not inconsistent with applicable federal and state statutes, rules and regulations, to carry out and effectuate the powers and purposes of this Agreement; 11. to enter into Operational Service Agreements with its Members, as authorized by LB 1211, Sections 22 and 23, to provide for payment for the operation, supervision, administration, maintenance and upgrade of the System, the provision of equipment and software, the provision of training and related services, and to determine appropriate fees, rentals, charges and costs under the Operational Service Agreements; 12. to enter into System Interoperability Agreements with agencies of the Federal Government, tribal governments, agencies and subdivisions of other states, non- Member Nebraska subdivisions and agencies, and other entities as appropriate to protect public safety, to prescribe procedures and protocols for such interoperability, and to determine any compensation due any party under such Interoperability Agreements; 13. to enter into an Operating Agreement with the Agency for operation and maintenance of the System; 14. to contract with and compensate consultants, engineers, accountants, lawyers or others for professional services necessary to carry out and effectuate the powers and purposes of this Agreement; and 15. to do all things necessary or convenient, not inconsistent with the law, to further the activities and affairs of the Alliance. 8 forth herein, and no Member shall be obligated for the payment of money unless set forth in a separate service agreement hereafter approved, executed and delivered by such IV{ember. Section 6. Membership. Municipalities, Counties, Power Districts and Fire Districts that adopt the Measure Approving Participation prior to December 31, 2002, shah thereupon become Members. Municipalities, Counties, Power Districts and Fire Districts that adopt the Measure Approving Participation after December 31, 2002, shall become members upon approval of the Executive Board. The State, on behalf of DAS, Game Commission and University, shall become a Member on the approval of this Agreement by the Governor. Section 7. Technical Cooperation from Members. Members agree to respond to reasonable requests to make records and related information available to the Alliance as needed for the purposes of this Agreement. Members shall have no obligations except as expressly set purposes. Section 8. Obligation of State. The State shall not incur any financial obligation by reason of this Agreement until legislation has been passed identifying the share of the costs to be paid by the State and specifically authorizing the appropriation and transfer of funds for such Section 9. Budgeting. The Executive Board shall prepare a budget biased on a fiscal year ending June 30 for the operation of the Alliance, the same to be adopted by the Executive Board no later than July 1 of each budget year following the initial year, during which the budget shall be adopted 210 days after formation. The Alliance's fiscal year may be changed at the discretion of the Executive Board as it may determine from time to time. 9 Section 10. Not for Profit. It is expressly understood that the Alliance is a public body and governmental unit that is to be operated not for profit, and no profit or dividend will inure to the benefit of any individual or entity. Section 11. Dissolution and Distribution of Assets. The Alliance may be dissolved only upon an executive order by the Governor authorizing such dissolution and upon the adoption of resolutions or ordinances approving such action by all Members, provided that the Alliance may not be dissolved until all outstanding contractual obligations and claims have been satisfied in full and until the completion of any pending state or federal audit. Upon dissolution of the Alliance all remaining assets of the Alliance shall be transferred to and become property of the State of Nebraska. Section 12. Manner of Acquiring and Holding Property. The Alliance may lease, purchase or acquire by any means, from a Member or from any other source, such real and personal property as is required for the operation of the System and the Alliance and for effectuating the purposes of this Agreement. The title to all such property, personal or real, shall be held in the name of the Alliance. All conveyances of real property owned or held by the Alliance shall be authorized by resolution of the Executive Board and executed b' the Chairperson on behalf of the Alliance. Section 13. Amendment of Agreement. This Agreement may be amended upon approving resolutions or ordinances adopted by the governing body or authority of each Member. 10 Exhibit "B" AGREEMENT APPROVAL (relating to the Statewide Communications Alliance of Nebraska Interlocal Agreement) The undersigned (check box) 'ls (City or Village of the State of Nebraska, a "Municipality") Municipality ❑ County ❑ (Public Power District or Public Power and Irrigation District, a "Power District ") Power District ❑ (Rural or Suburban Fire Protection District, a "Fire District ") Fire District of the State of Nebraska, legally designated or commonly known as City of Blair, hereby accepts the terms of and agrees to be bound by the terms and conditions of the Statewide Communications Alliance of Nebraska Interlocal Agreement. Dated this 22nd day of October, 2002. Name of Member: City of Blair, Nebraska 11 PUBLIC SAFETY COMMUNICATIONS AGENCY OF NEBRASKA INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of October, 2002, by and among: participating Nebraska municipalities, including cities and villages, political subdivisions of the State of Nebraska ( "Municipalities"); participating Nebraska counties, political subdivisions of the State of Nebraska ("Counties "); participating public power districts and public power and irrigation districts, public corporations and political subdivisions of the State of Nebraska ("Power Districts "); and participating rural and suburban fire protection districts, bodies politic and corporate of the State of Nebraska ("Fire Districts "); all collectively referred to as "Members". WHEREAS, Article XV, Section 18 of the Nebraska Constitution and Sections 13 -801 to 13 -827 of R.R.S. Neb. 1997, as amended (the " Interlocal Cooperation Act "), permit subdivisions of government in the State of Nebraska to cooperate with one another for the purpose of jointly exercising governmental authority and responsibilities; and WHEREAS, LB 1211 of the Ninety - Seventh Legislature, Second Session ( "LB 1211 ") authorizes the formation of an acquisition agency (the "Agency ") as a joint entity under the Interlocal Cooperation Act to acquire real and personal property for use in connection with the Nebraska Public Safety Wireless Communications System (the "System ") and , to construct any facilities as necessary to implement the System; WHEREAS, each of the Members is responsible for one or more radio communications systems that are used in the conduct of public safety functions, including emergency and medical services, law enforcement services, fire management services, emergency and disaster relief services and correctional services; WHEREAS, during emergencies the resources of the State and its subdivisions must be effectively directed to save lives, to protect property and to meet the needs of its citizens; WHEREAS, the radio communications systems presently used by many of the Members are aging beyond useful life expectancy, deficient in capacity and reach, and lack many needed capabilities including the ability to interoperate with systems of other Members and State agencies; WHEREAS, recent changes and advances in communication technology permit integration of Members' radio communications into a shared system with substantial resulting efficiencies as well as increases in capacity, coverage and capability, all of which will enhance the Members' ability to provide efficient and effective public safety services; WHEREAS, Members are desirous of cooperating in the joint design, development, finance, implementation, and improvement of a statewide iOublic safety radio communications system; and WHEREAS, Members are desirous of cooperating with the Statewide Communications Alliance of Nebraska (the "Alliance"), an interlocal agency authorized by LB 1211 and created under the Interlocal Cooperation Act by Members and by agencies of the State of Nebraska, for the joint operation, administration and Iinaintenance of the System. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties (as presently or hereafter identified) agree as follows: Section 1. Creation of the Agency. Pursuant to the Interlocal Cooperation Act and LB 1211, the Members hereby create a joint entity which shall be named the Public Safety Communications Agency of Nebraska ( "Agency ") and shall constitute a separate body corporate and politic under the provisions of the Interlocal Cooperation Act. The Agency shall be subject to control by its Members in accordance with the terms of this Agreement. The governing body of each Member shall have approved (or shall approve) this Agreement by resolution or ordinance (the "Measure Approving Participation") and by duly executing an Agreement Approval (in the form attached hereto as Exhibit "A "). A certified copy of a Measure Approving Participation and art Agreement Approval for each Member shall be kept on file at the Agency's office. The Agency's existence shall commence upon the approval of this Agreement on behalf tWo Members and upon the initial appointment of Executive Board member(s) to represent such Members. Section 2. Purposes. The purposes of the Agency are as follows: A. providing efficiency by enabling the Members to cooperate with each other on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will best reflect geographic, economic, population, and other factors influencing the needs and development of local communities. B. enabling the Members to jointly plan, develop, finance, implement, and own the System. C. enabling the Members to apply jointly for grants in support of the System; D. administering and distributing grants for the development of the System; E. entering into capital service agreements with Members and with agencies of the State of Nebraska to finance construction and improvements to the System; F. entering into an Operating Agreement with the Alliance for operation and maintenance of the System; G. providing for additional funding of the System through borrowing of funds by the Agency; H. providing for revenue to pay costs of debt service through a system of periodic charges for availability and use of the System; and I. contracting for services and leasing of property for the System. Section 3. Organization. The Agency shall be organized as follows: A. Governing Body. The governing body of the Agency shall be t} a Executive Board which shall be comprised of not more than six voting members: (1) t'vo Executive Board members shall be appointed on behalf of Municipalities by the Executive Board of the League of Nebraska Municipalities to represent participating Municipalities; (2) two Executive Board members shall be appointed on behalf of the Counties by the President of the Nebraska Association of County Officials to represent participating Counties; (3) one Executive Board members shall be appointed by the Board of Directors of the Nebraska Power Association to represent participating Power Districts; and (4) one Executive Board member shall be appointed on behalf of the Fire Districts by the Board of Directors of the Nebraska State Voluntary Firefighters Association to represent participating Fire Districts. The respective appointing authorities set forth in this subsection 3.A are referred to in this Agreement as "Appointing Authorities ". Each Executive Board member shall serve at the pleasure of his or her respective Appointing Authority and until his or her successor is appointed. Letters of appointment for members of the Executive Board shall be kept on file in the Agency's office. B. Voting. Each Executive Board member shall have one vote if there is at least one Member of the Agency in the category that the Executive Board member is appointed to represent. If there is no Member of the Agency in the category that an Executive Board member is appointed to represent, the Executive Board member shall remain on the Executive Board until such time as a Member in such category joins the Agency. C. Ouorum. A majority of all voting Executive Board members shall constitute a quorum for the transaction of any Agency business. D. Officers. The Executive Board shall elect a Chairperson, a Vice - Chairperson and a Secretary- Treasurer from the Executive Board members. The Chairperson, or in his or her absence, the Vice - Chairperson shall preside at Executive Board meetings. The Executive Board may elect an Assistant Secretary- Treasurer from outside, the Board's membership. E. Meetings and Notice. Meetings of the Executive Board may be called by the Chairperson, Vice - Chairperson, by the Secretary- Treasurer, or on the written request of at least three members of the Executive Board. A written notice of the meeting and agenda shall be provided to each Executive Board member at least five (5) days prior to each such meeting. Public notice of Executive Board meetings shall be provided in accordance with Sections 84 -1408 to 84 -1414 of R.R.S. Neb. 1943, as amended. F. Agency Staff, Consultants and Others. The Agency may employ a consultant and other necessary individuals as deemed appropriate and may set and approve compensation for such individuals, firms or companies. G. Budget. The Executive Board shall prepare and adopt a budget based on a fiscal year as determined by operation of the Agency. Section 4. Duration. The Agency shall continue in existence for an initial term of 30 years and thereafter until all of its contractual obligations are satisfied or otherwise discharged, and until any pending audits are complete. Section 5. Powers. The Agency shall have such powers as are allowed by LB 1211 and the Interlocal Cooperation Act, any amendments thereto, and as are listed below: A. to sue and be sued, complain, and defend in its corporate name; B. to have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it, or to dispense with the necessity thereof; C. to make and amend bylaws not inconsistent with this Agreement, the Interlocal Cooperation Act and other applicable state laws; D. to apply for, accept and expend or distribute grants and gifts in support of the System; E. to purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located, to carry out and effectuate the powers and purposes of this Agreement; F. to sell, convey, mortgage, pledge, lease, exchange, and otherwise' dispose of all or any part of its property to carry out and effectuate the powers and purposes of this Agreement; G. to make contracts, incur liabilities and debt, borrow money, issue, execute and deliver evidences of indebtedness including loan agreements, notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge cif any of its property, franchises, or income to carry out and effectuate the powers and purposes of this Agreement. H. to lend money, invest and reinvest its funds in accordance with State law, and receive and hold real and personal property as security for repayment to carry out and effectuate the powers and purposes of this Agreement; I. to enter into Capital Service Agreements with its Members and with Agencies of the State of Nebraska, as authorized by LB 1211, Sections 22 and 23, to provide for payment for the design, construction, and improvement of the System, the provision of equipment and software, and to determine appropriate fees, rentals, charges and costs under the Capital Service Agreements; J. to enter into an Operating Agreement with the Alliance for operation and maintenance of the System or portions thereof; K. to contract with and compensate consultants, engineers, accountants, lawyers or others for professional services necessary to carry out and effectuate the powers and purposes of this Agreement; L. to contract with and compensate vendors, lessors, and other individuals or entities for the lease, purchase, acquisition, construction, installation, operation, maintenance, upgrade and removal of communications towers, tower space, tower sites, equipment shelters, communications equipment and software, satellite or terrestrial communications links, power supplies, fuel, and any other related equipment, property or services to carry out and effectuate the powers and purposes of this Agreement; M. to provide for a system of budgeting, accounting, auditing and reporting of all Agency funds and transactions, for a depository, for a financial advisor, for the bonding of officers and for otherwise transacting the duties of the Agency; N. to contract for insurance with respect to the System; and 0. to do all things necessary or convenient, not inconsistent with the law, to further the activities and affairs of the Agency. Section 6. Membership. Municipalities, Counties, Power Districts and Fire Districts that adopt the Measure Approving Participation prior to December 31, 2002, shall thereupon become Members. Municipalities, Counties, Power Districts and Fire Districts that adopt the Measurer Approving participation after December 31, 2002, shall become Members upon approval of the Executive Board. Section 7. Technical Cooperation from Members. Members agree to respond to reasonable requests to make records and related information available to the Agency as needed for the purposes of this Agreement. Members shall have no obligations except as expressly set forth herein, and no Member shall be obligated for the payment of money unless set forth in a separate service agreement hereafter approved, executed and delivered by such Member. Section 8. Budgeting. The Executive Board shall prepare a budget based on a fiscal year ending June 30 for the operation of the Agency, the same to be adopted by the Executive Board no later than July 1 of each budget year following the initial year, during which the budget shall be adopted 210 days after formation. The Agency's fiscal year may be changed at the discretion of the Executive Board as it may determine from time to time. Section 9. Not for Profit. It is expressly understood that the Agency is a public body and governmental unit that is to be operated not for profit, and no profit or dividend will inure to the benefit of any individual or entity. Section 10. Dissolution and Distribution of Assets. The Agency may be dissolved only by the adoption of resolutions or ordinances approving such action by all Members, provided that the Agency may not be dissolved until all outstanding contractual obligations and claims have been satisfied in full and until the completion of any pending state or federal audit. Upon dissolution of the Agency all remaining assets of the Agency shall be transferred to and become property of the State of Nebraska. Section 11. Manner of Acquiring and Holding Property. The Agency may lease, purchase or acquire by any means, from a Member or from any other source, such real and personal property as is required for the operation of the System and the Agency and for effectuating the purposes of this Agreement. The title to all such property, personal or real, shall be held in the name of the Agency. All conveyances of real property owned or held by the Agency shall be authorized by resolution of the Executive Board and executed by the Chairperson on behalf of the Agency. Section 12. Amendment of Agreement. This Agreement may be amended upon approving resolutions or ordinances adopted by the governing body or authority of each Member. Exhibit "A" AGREEMENT APPROVAL (relating to the Public Safety Communications Agency of Nebraska Interlocal Agreement) The undersigned (check box) [X ] (City or Village of the State of Nebraska, a "Municipality") Municipality [ ] County [] [ ] (Public Power District or Public Power and Irrigation District, a "Power District") Power District (Rural or Suburban Fire Protection District, a "Fire District ") Fire District of the State of Nebraska, legally designated or commonly known as the City of Blair, hereby accepts the terms of and agrees to be bound by the terms and conditions of the Public Safety Communications Agency of Nebraska Interlocal Agreement. Dated this 22nd day of October, 2002_ Name of Member: City of Blair, Nebraska By: 10/17/2002 13:26 14024264848 Memorandum To: Mayor Mick Mines and Blair City Council From: John Samson Date: October 16, 2002 Re: Statewide Communications Alliance Contract and Public Safety Communications Agency Contract PAGE 03 As you will recall, at the last City Council meeting, the issue of the Statewide Communications Alliance of Nebraska Contract (hereinafter referred to as "Alliance Contract ") and the Public Safety Communications Agency of Nebraska Inter -local Agreement (hereinafter referred to as "Public Safety Agreement ") came before the Board. Essentially, the Alliance Contract is the "umbrella " agreement between the State of Nebraska and all state agencies and all local counties, cities, public power districts, etc. The purpose of this is to intertwine all of the state and local agencies to operate, maintain and manage the Nebraska Public Safety Wireless Communications System. The State of Nebraska does not have the authority to borrow money (or issue bonds) but it does have the authority to manage the wireless communication system, Due to the fact the State does not have bonding authority, the Public Safety Agreement is entered into between the counties, cities, power districts, etc. These entities do have bonding authority. Therefore, the Public Safety Agreement provides a borrowing mechanism to assist the State in its wireless communication system, Both contracts set up an executive committee which has the power to operate and manage each of the respective entities and also has the power to adopt budgets. However, there is no funding mechanism set up in either of these contracts stating where the money is to come from. However, Section 7 of the Alliance Agreement and Section 7 of the Public Safety Agreement provide as follows: "Members shall have no obligations except as expressly set forth herein and em r shall be obligated for nayment ofmonev us set forth in a separate service agreement hereafter annroved. executed and delivered by such member." Therefore, there is no financial commitment for any member at this time, but there clearly will be a separate agreement in the future which will be presented to you which will set forth the compensation you will have to contribute towards this project. I am unclear what happens if some of the members sign a separate service agreement and agree to contribute to the entity and some decide not to contribute to the entity, but that will be for another day. RESOLUTION NO. 2002- 47 COUNCIL MEMBER ABBOTTINTRODUCED 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 2003 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 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, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12 DAY OF NOVEMBER, 2002. (SEAL) STATE OF NEBRASKA ) CITY OF BLAIR, NEBRASKA BY 1/:l�C� _ C L A. S, MAYOR ) :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 12 day of November, 2002. BRENDA R. TAYLOR, CLERK -- --Maintenance Agreement_Between_the _ _ Nebraska Department of Roads and the • Munidpality of Blair Municipal Extensions in Blair AGREEMENT RENEWAL Maintenance Agreement No. 6 We hereby-agree that Maintenance Agreement No., as described above, be renewea for the period January 01, 2003 to December 31, 2003. All figures, terms, and exhibits to in effect as per the Original agreement, dated November 16, 2001. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the City this /Z -1#) da y of Navr..m&er , Zbo? . ATTEST: CM OF Blair I • aty Clerk ayor EXECUTED by the State this ax st day �f c K , px.res . STATE OF NEBRASKA • e2E - r•VO7 Scetvtl Maintenance Agreement Between the Nebraska Department of Roads and the Municipality of Blair Municipal Extensions in Blair Akni_ /64, City Clerk CERTIFICATE OF COMPLIANCE Maintenance Agreement No.6 We hereby certify that all roadway surface maintenance has been accomplished as per terms of the Maintenance Agreement specified above. This is for the period January 1, 2002 thru December 31, 2002. As per SECTION 7d. of the Agreement, we are submitting this certificate to District Engineer John R. Jacobsen, Nebraska Department of Roads, PO Box 45461, Omaha, Nebraska 68145. ATTEST: This JZ day of NU Vf& , Z . I hereby certify that roadway surface maintenance was performed as per the above listed Agreement and payment for the same should be made. STATE OF NEBRASKA DEPARTMENT 0 ROAD :pay /»i0 Contractor N 7 Amount S 00 Di ct ngi THIS RESOLUTION FAILED — NOVEMBER 26, 2002 RESOLUTION NO. 2002-48 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a stop sign shall be placed on Voss Drive at the intersection of Crestridge Drive for the purpose of directing eastbound and westbound traffic on Voss Drive to stop at Crestridge Drive. 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 WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WOLFF VOTING "AYE" AND COUNCIL MEMBERS WAITE, REALPH, FANOELE, ABBOTT, BIFFAR AND SHOTWELLVOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION FAILED THIS 26Th DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR THIS RESOLUTION FAILED — NOVEMBER 26, 2002 RESOLUTION NO. 2002-48 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a stop sign shall be placed on Voss Drive at the intersection of _ Crestridge Drive for the purpose of directing eastbound and westbound traffic on Voss Drive to stop at Crestridge Drive. 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 WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WOLFF VOTING "AYE" AND COUNCIL MEMBERS WAITE, REALPH, FANOELE, ABBOTT, BIFFAR AND SHOTWELLVOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION FAILED THIS 26TH DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR THIS RESOLUTION FAILED — NOVEMBER 26, 2002 RESOLUTION NO. 2002-48 COUNCILMEMBER WOLFF 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 RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a stop sign shall be placed on Voss Drive at the intersection of Crestridge Drive for the purpose of directing eastbound and westbound traffic on Voss Drive to stop at Crestridge Drive. 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 WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WOLFF VOTING "AYE" AND COUNCIL MEMBERS WAITE, REALPH, FANOELE, ABBOTT, BIFFAR AND SHOTWELLVOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION FAILED THIS 26Th DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA BY MICHAEL A. MINES, MAYOR 0 A --•,-,-,ft,s / 0 011 4' ''''' ' L , \ <75° : 5 „ S89 21 1 0, E • , .50 '', 211:51 - : ' - Inn 2 0 §2.10' 59.26'1‘.59.0211.gb S89°21 '1 0"E ,, ,0 1 7500' . 1 \ A w , 6A .. 1 25 90 • 5 B ' ' '''''' , ,„•,-:,,,!,_ :.6•',' N I Q , 1 , —: - ,f• - k'::_ !, ;A : : • ' 68 io ..! . 2 v) 0 0 i '1 OIE : \ 0 ..... 44. 2,2: 44.22' 43.9 . 119,73 .,_, 0 4 -11 1 \25' . ,1 ' : AP. .;,.. , , g P, • 36 .7 51 CIRCLE • 144: 73' 1247"."°4°... 0, 69.69' 57,67 49.36 5' 120.32' '2„. • \13- -1 • - • • 11 A N . 4 6.81 AC 12B UX 1 VI , 12A to Go , N • 36.97t 45.87 le 7422'04" V ; "•„,, ,,,,, \ A f :\ ,r , )'' 1411 -- ("5'1\ •0 13.A.\, 4§3 ,26 \tn. ,bco. \6 f t "!',5? '', 64 , - 1•1 - 1 , .s •',T., • s, ,r:-.,„ • , , :\ f , .164 / 37. \ <.. t.S k`' !\ tk) r \ ,.? • ,, ,.. • _ ,..',.)/ 1611 -.17A \ \ ' ' • - ,,,,,,,, - i b:• 5 1), , ?? ,5•- t. , .. , .‘.9,0, ' ;15'; 8 A c; '1 o 19 ' 45""V" 1. 0 ) 47.6 ', —• cs) tv, # ,$) 20A % , 0 B c`i 1 ;2 Ii db. P 0 97.06' 1 90' 56.60' 43.30' CRESTRI.DGE b), 166.09' 53. ' 60 60'. 3 3 , 3 i.i \ . se.60' so' I so" , 328•3 1. 2144 % 1 .h__--Y.',5 • -' N ();' 72.75' 9,0,0?,', , ck 79.79' ay.:, .... 1 .... .., , (,),T — 74 • — - — ,■.)— ( , r ti 2 7 w- 6 .L 9 S00°38'50"W 7 0 60.63' 57°46' 5 5 60. 6A' eig6 s q;\ it 4 ) p5) .,47S .0 el cb tS0 V 94 58'°26rb(). 744 : 44 \21B TAXLOT 1 2' L • '; R=325,0CY N55'43'59"W C=3097': A=30.98' c4" November 12, 2002 To: Mayor & City Council Members From: Al Schoemaker RE: Stop Signs in Deerfield Memorandum The city has received a request to place stop signs in Deerfield at two locations. The first is at the intersection of Deerfield Blvd and Crestridge Drive and the second location is at the intersection of Crestridge Drive and Voss Drive. The first location is requested for traffic coming off of Crestridge Drive onto Deerfield Blvd and the second location is to stop Voss Drive at Crestridge Drive. The transportation Committee has met on this issue and will have a recommendation at the council meeting. October 10, 2002 City of Blair 218 South 16 Blair, NE 68008 To Whom It May Concern: I am writing this letter to request the City of Blair to look at two intersections within Deerfield Subdivision for the installation of stop signs. The intersections are the following: 1. Deerfield Blvd and Crestridge Drive 2. Crestridge Drive and Voss Drive Due to the increase of traffic, these intersections are becoming more hazardous. I have personally stopped many times, due to people coming through the intersections and not paying attention to other vehicles. I have enclosed a plot map of the subdivision for your viewing of the intersections that I listed above. I thank you for your time and consideration in this request. Sincerely, b kool Steven Scheffert 2224 Birch Circle Blair, NE 533 -8464 RESOLUTION NO. 2002- 49 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a stop sign shall be placed on southbound Crestridge Drive at the intersection of Deerfield Boulevard and Crestridge Drive for the purpose of directing southbound traffic on Crestridge Drive to stop at Deerfield Boulevard. 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 WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, WOLFF, BIFFAR AND ABBOTT VOTING "AYE" AND COUNCIL MEMBERS FANOELE AND SHOTWELL VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26 DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA ATTEST: (SEAL) STATE OF NEBRASKA BRENDA R. TAYLOR ITY CLERK ) 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 November, 2002. BRENDA R. TAYLOR, C1`Y CLERK RESOLUTION NO. 2002-50 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5 -217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that (a) a stop sign shall be placed on northbound 12 Street at the intersection of Lincoln Street for the purpose of directing northbound traffic on 12 Street stop at Lincoln Street; and (b) a stop sign shall be placed on southbound 12 Street at the intersection of Grant Street for the purpose of directing southbound traffic to stop at Grant Street. 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 WOLFF. UPON ROLL CALL, COUNCIL MEMBERS WAITE, REALPH, SHOTWELL, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLOR, C (SEAL) STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) 26 day of November, 2002. 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 BRENDA R. TAYLOR, CI CLERK RESOLUTION 2002 -51 EXTRACT OF MINUTES CITY OF. BLAIR, NEBRASKA A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7 o'clock P.M. on November 26 . Present were: Mayor Mi nes . Councilmembers: Biffar, Wolff, Abbott, Waite, Realph, Shotwell and Fanoele Absent were: McMa.nigal , 2002 at 218 S. 16th St. Notice of the meeting was given in advance thereof by publication, the City's designated method for giving notice, a copy of the Proof of Publication being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda is attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. Councilmember Fanoele offered the following resolution and moved its passage and adoption: RESOLUTION BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska: Section 1. The following bonds, in accordance With their option provisions are hereby called for payment on December 30, 2002, after which date interest on the bonds will cease: General Obligation Various Purpose Bonds, Series 1997, of the City ofBlair, Nebraska, date of original issue - June 15, 1997, in the principal amount of Four Hundred Ninety Thousand Dollars ($490,000), numbered as shown on the books of the Paying Agent and Registrar, in denomination of $5,000 each, or integral multiples, becoming due and bearing interest as follows: Said bonds are hereinafter referred to as the "Refunded Bonds." Said bonds are subject to redemption at any time on or after June 15, 2002, at par and accrued interest, and said interest is payable semiannually. Said bonds were authorized by ordinance and were issued for the purpose of paying the costs of street improvements in Paving District Nos. 164,165 and 168, and Gap Paving Project Nos. 156, 157, 158, 159, 160, 161, 162, 163, 166 and 167, paying the cost of water improvements in Water Extension District No. 34 and paying the cost of sewer improvements in Sanitary Sewer Extension District Nos. 52 and 53. Section 2. Said bonds are to be paid off at the office of the Treasurer of the City of Blair, Blair, Nebraska, as paying agent and registrar. Section 3. A true copy of this resolution shall be filed immediately with the Treasurer of the City of Blair, as Paying Agent and Registrar for the Refunded Bonds, and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with the ordinance authorizing said called bonds. &27.z g Aceu,K City Clerk Motion by Councilmember Shotwell, NAY: None Principal Amount Maturity Date Interest Rate CUSIP No. $ 60,000 June 15, 2003 4.95% 093005 CN 4 60,000 June 15, 2004 5.00 093005 CP 9 65,000 June 15, 2005 5.05 093005 CQ 7 65,000 June 15, 2006 5.10 093005 CR 5 70,000 June 15, 2007 5.15 093005 CS 3 30,000 June 15, 2008 5.25 093005 CT 1 30,000 June 15, 2009 5.35 093005 CU 8 35,000 June 15, 2010 5.40 093005 CV 6 35,000 June 15, 2011 5.45 093005 CW 4 40,000 June 15, 2012 5.50 093005 CX 2 -2- Fanoele seconded the motion for adoption of said resolution, and upon roll call vote the following voted AYE: Waite. Realnh, Shotwell. Biffar, Wolff, - Fanoe.le .and Abbott • declared the resolution duly passed and adopted. The passage of said resolution having been consented to by more than a majority, the Mayor RESOLUTION NO.2002- 52 COUNCILMEMBER FANOELE INTRODUCEDTHE FOLLOWING RESOLUTION: r BE IT RESOLVED BY THE MAYOR . AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT US Bank, Washington County Bank, and Two Rivers State Bank are hereby designated as depositories for City funds. BE IT FURTHER RESOLVED THAT the Mayor of the City together with either the City Clerk or the City Treasurer are hereby authorized to sign checks, drafts, or other withdrawal orders, issued against the funds of the City of Blair on deposit with US Bank, Washington County Bank, and Two Rivers State Bank, or for the investment of excess funds. BE IT FURTHER RESOLVED THAT pursuant to Neb. Rev. Stat. 16 -309, the Mayor and City Council do hereby appoint the following officials of the City of Blair, Nebraska to hold office until the end of the Mayor's term of office, and until their successors are appointed and qualified, unless sooner removed under the provisions of the Municipal Code of the City of Blair, Nebraska or the Ordinance creating the office is repealed, to -wit: Office City Administrator Assistant City Administrator City Clerk Deputy City Clerk City Treasurer Assistant City Treasurer Director of Public Works City Attorney City Physician Name Rodney A. Storm Scott W. Bovick Brenda R. Taylor Peggy Frahm Peggy Frahm Brenda R. Taylor Allen R. Schoemaker John E. Samson Chauncey Wilkins COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, 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 10TH DAY OF DECEMBER, 2002. ATTEST: BRENDA R. TAYLOR, ' CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 10th day of December, 2002. BRENDA R. TAYL�OI C�I`TY CLERK COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No. 2002 -9, the Mayor and City Council of the City of Blair, Nebraska, adopted the Year 2002 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 2002 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 26, 2002, 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 FANOELE. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, 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 10TH DAY OF DECEMBER, 2002. ATTEST: ///////i/Z (SEAL) BRNDA R. TAYLOR, , CLERK RESOLUTION NO. 2002- 53 CITY OF BLAIR, NEBRASKA REALPH, MAYO 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 December, 2002. BRENDA R. TAYLOR, Ar CLERK COUNTY: ICITY: (VILLAGE: Blair REASON FOR REVISION: NDOR requireina the construction of the storm sewer for the reconstruction of Highway 30 in Blair. LOCATION DESCRIPTION: Hollow Road and Highway 30 south side of Hollow Road EXISTING SURFACE TYPE AND STRUCTURES:(such as dirt, gravel, asphalt, concrete, culvert or bridge) Concrete AVERAGE DAILY TRAFFIC: 19 = DESIGN STANDARD NUMBER: GRADING ,AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: CULVERT: DIAMETER 36" LENGTH 350' YES r JN/A Bridges and Culverts Sized LJ Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES Construction of 36" RCP storm sewer from intersection of Highway 30 and Hollow Road to the west 350' to handle drainage from the highway and land east of highway. ESTIMATED COST (IN THOUSANDS) Project Length = SIGNATURE BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 10 NOTIFICATION OF REVISION OF ONE -YEAR PLAN f Lip i I,uaaa, f d ., r �s 1LiVa �i, , 20 Unknown ( CLASSIFICATION TYPE: (as shown on Functional Classification Map) CONCRETE CURB & GUTTER X DRAINAGE STRUCTURES EROSION CONTROL *COUNTY *CITY 25 PROPOSED IMPROVEMENT ROADWAY WIDTH ROADWAY WIDTH SPAN RISE *STATE I *FEDERAL *OPTIONAL (Nearest Tenth) 0.07 (State Unit of Measure) RIGHT OF WAY _ UTILITY ADJUSTMENTS FENCING SIDEWALKS Page 1 SURFACING: LENGTH LENGTH LENGTH PROJECT NUMBER: Tif E: Director of Public Works rinE: *OTHER Local THICKNESS LIGHTING DATE: TYPE TYPE TYPE TYPE TOTAL 25 B- 86(Y -03) WIDTH -COUNTY: REASON FOR REVISION: of the city to get the road constructed this .year. LOCATION DESCRIPTION: 12th Street from Lincoln Street to Grant Street EXISTING SURFACE TYPE AND STRUCTURES:(such as dirt, gravel, asphalt, concrete, culvert or bridge) Concrete AVERAGE DAILY TRAFFIC: 19 = DESIGN STANDARD NUMBER: SIGNATURE x GRADING _ AGGREGATE _ ARMOR COAT ASPHALT BRIDGE TO REMAIN IN PLACE NEW BRIDGE: BOX CULVERT: BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 10 NOTIFICATION OF REVISION OF ONE -YEAR PLAN I CITY: Project Length = 0.1 Blair Cifii being able to negotiate right -of -way with property owner and desire , 20 PROPOSED IMPROVEMENT DR2 SURFACING: X - CONCRETE X CURB & GUTTER DRAINAGE STRUCTURES X EROSION CONTROL ESTIMATED COST I *COUNTY *CITY (IN THOUSANDS) 40 NA ( CLASSIFICATION TYPE: ROADWAY WIDTH ROADWAY WIDTH SPAN RISE CULVERT: DIAMETER 36° LENGTH 350' EYES r x [N/A Bridges and Culverts Sized - [jHydraulicAnalysis Pending OTHER CONSTRUCTION FEATURES Construction of PCC pavement with curb and gutter *STATE `FEDERAL "OTHER *OPTIONAL (Nearest Tenth) (State Unit of Measure) T TLE: Director of Public Works Page 1 X - RIGHT OF WAY _ UTILITY ADJUSTMENTS FENCING SIDEWALKS LENGTH LENGTH LENGTH PROJECT NUMBER: (VILLAGE: (as shown on Functional Classification Map) Local 9" THICKNESS 25' WIDTH nLIGHTING DATE: TOTAL 40 B- 870'-03) TYPE TYPE TYPE TYPE BRENDA R. TAYLOR, C'`Y CLERK (SEAL) RESOLUTION NO. 2002 - 54 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a Purchase Agreement between the City of Blair as Sellers, and Ridgeview Townhomes, L.L.C., as Buyer, has been prepared and presented to the City Council providing for the terms and provisions of the purchase by Ridgeview Townhomes, L.L.C., of Lots 37 -49, Ridgeview Estates, City of Blair, Washington County, Nebraska, a copy of which Purchase Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions of the Purchase Agreement is acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that the Purchase 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. 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 STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10TH DAY OF DECEMBER, 2002. CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 10th day of December, 2002. .‘,71 BRENDA R. TAYLOR4(TY CLERK PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "AGREEMENT ") is made and entered into this 15th day of January, 2003, by and between The City of Blair and Excel Health Services, Inc., d/b /a Excel Development Group ( "PURCHASER "). RECITALS A. SELLER is the owner of certain real property, hereinafter referred to as "THE PROPERTY ", legally described as follows: Lots 37 -49, Ridgeview Estates, City of Blair, Washington County, Nebraska B. SELLER desires to sell and PURCHASER desires to acquire THE PROPERTY, subject to the terms and conditions set forth herein. C. The parties hereto desire their AGREEMENT to be reduced to writing. NOW, THEREFORE, in consideration of, and based on, the foregoing Recitals and the mutual promises and agreements set forth below, the parties agree as follows: 1. SALE AND PURCHASE: At Closing SELLER shall sell to PURCHASER and PURCHASER shall purchase from SELLER THE PROPERTY. The closing of the Purchase shall take place on or before January 14, 2004, or such other time as the parties may mutually agree in writing. 2. SALE CONDITIONAL: (a) This sale is conditional upon PURCHASER obtaining from Nebraska Investment Financial Authority (NIFA) approval of its application for a portion of the tax available in 2003 forlow income housing projects. In the event PURCHASER has not obtained such approval on or before January 14, 2004, this Agreement shall be null and void, and SELLER shall be free to sell THE PROPERTY to any third party. (b) This sale is further conditional upon the right Remonstrance provided by Nebr. Rev. Stat. Sec. 16 -202, and, and in the event such Remonstrance is filed, this Agreement shall be null and void. 3. PURCHASE PRICE AND PAYMENT: (a) Purchase Price — The total purchase price for the said PROPERTY is $12,500.00 for each lot for the total sum of $162,500.00 (b) Non - Refundable Earnest Deposit — BUYER agrees to pay SELLER a non - refundable earnest deposit in the sum of $8,000.00 contemporaneously with the execution of this Agreement. In the event BUYER consummates the purchase, said earnest deposit shall be applied against the purchase price. In the event BUYER fails, refuses or neglects to purchase the real estate (for any reason other than a material breach by SELLER of any provisions of this Agreement), then SELLER shall be entitled to retain the entire earnest deposit free and clear of any claim of the BUYER. (c) Remaining Balance — The remaining balance due from BUYER shall be paid in cash or certified funds on closing date. 4. ENVIRONMENTAL CONDITIONS: SELLER represents that SELLER has no knowledge of any adverse environmental conditions which affect THE. PROPERTY, the value thereof, or liability in connection therewith, except such environmental conditions as have been fully disclosed to the PURCHASER. PURCHASER may, at PURCHASERS expense, conduct an environmental audit of the property. In the event such audit reveals the possible existence of environmental conditions adverse to PURCHASER, PURCHASER may rescind this agreement and SELLER shall return any earnest money deposit to PURCHASER. 5. "AS IS ": SELLER has sold THE PROPERTY "as is ", making no representations or warranties concerning it of kind or nature, except as is expressly set forth in this AGREEMENT. 6. TITLE AND POSSESSION: SELLER agrees to deliver at or before Closing a general Warranty Deed to THE PROPERTY conveying to PURCHASER marketable title to THE PROPERTY, free and clear of all mortgages, deeds of trusts, leases, encumbrances, liens, statutory rights, assessments, covenants, charges or adverse claims of any kind or character whatsoever, except for easements and restrictions of record that are acceptable to PURCHASER. SELLER shall deliver possession of THE PROPERTY to PURCHASER on the date of closing. 7. TITLE INSURANCE: Within a reasonable period after the date of the signing of the Purchase Agreement, SELLER shall furnish PURCHASER with a commitment for an owner's policy of title insurance in the amount of the purchase price which insures marketable title to THE PROPERTY, subject only to the easements, restrictions and other matters of record that are acceptable to the PURCHASER. Written notice of any easement, restriction or other matter affecting title to THE PROPERTY that is unacceptable to PURCHASER shall be delivered to SELLER within two (2) weeks from the receipt of the commitment. SELLER shall have a reasonable period, not exceeding fifteen (15) days, to cure any unacceptable easement, restriction orr other matter affecting the title to THE PROPERTY. Written notice of any easement, restriction or other matter affecting title to THE PROPERTY contained in the updated commitment that is unacceptable to PURCHASER or its counsel shall be delivered to SELLER within ten (10) days from receipt of such commitment. SELLER shall have a reasonable period, not exceeding fifteen (15) days, to cure any unacceptable easement, restriction or other matter affecting title to THE PROPERTY. If SELLER is unable to cure any such defect, PURCHASER may rescind this AGREEMENT and SELLER shall return the Earnest Money Deposit to PURCHASER. 2 8. TAXES AND OTHER ASSESSMENTS: SELLER shall pay 2002 and all prior general real estate taxes and special assessments, if any, on THE PROPERTY which are now due. Special assessments would not include the cost of gaining access to the water sewer which runs by the property. Taxes for the year 2003 shall be prorated to the date of closing, on the basis of the most recent assessed valuation and the most recent tax rate or levy available from the appropriate governing body at the time of closing. PURCHASER shall pay 2004 and all future real estate taxes, including any assessments, special or otherwise, assessed against THE PROPERTY arising after the date of closing. .9. DIVISION OF EXPENSES: The parties agree that the expenses in connection with the sale and purchase of THE PROPERTY shall be divided as follows: A. Attorney and Accounting fees: each party pays their own. B. Owner's Title Insurance Premium: One -half SELLER and one -half PURCHASER; C. Any additional title insurance charges, including endorsements or charges for a Lender's Policy: PURCHASER; D. Cost of preparing and recording any documents necessary to correct any defects in title: SELLER; E. Nebraska documentary stamp tax: SELLER; F. Recording fees for recording Warranty Deed: PURCHASER. 10. TERMINATION. Except as otherwise provided herein, if the conditions of Closing for a party have not been materially complied with and such noncompliance shall not have been waived by the other, such other party may terminate this AGREEMENT and upon such termination neither PURCHASER nor SELLER shall have any liability one to the other, except that SELLER shall return the Earnest Money Deposit to PURCHASER. 11. AUTHORITY: PURCHASER is a corporation duly organized and validly existing in good standing under the laws of the State of Nebraska. The person signing this Agreement for PURCHASER has authority to do so by virtue of his capacity as Chief Financial Officer. 12. PROVISIONS BINDING: The terms and provisions of this AGREEMENT shall be binding upon the PURCHASER and SELLER, and upon their heirs, devisees, legatees, personal representatives, successors and assigns. 13. COUNTERPARTS: In the interest of time, for purposes of this Agreement, facsimile signatures shall be treated as originals, and this AGREEMENT may be executed in any 3 t%! IWYDLi - 941li IIk i !'� number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 14. FURTHER ASSURANCES: Each of the parties hereto, without further consideration, agrees to execute and deliver such other documents and take such other action, whether prior to or subsequent to Closing, as may be necessary to more effectively consummate the intent and purpose of the AGREEMENT. 15. GOVERNING LAW: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Nebraska. 16. SEVERABILITY: If for any reason whatsoever, any one or more of the provisions of this AGREEMENT shall be held or deemed to be inoperative , unenforceable, or invalid as applied to any particular case or in all cases, such circumstances shall not have the effect of rendering such provision invalid in any other case or of rendering any of the other provisions of this AGREEMENT inoperative, unenforceable, or invalid. 17. SURVIVAL AND NONMERGER: All terms, conditions, representations, and warranties contained in this AGREEMENT shall survive the execution hereof and the Closing hereunder, including, but not limited to, the execution and delivery of any deed related to THE PROPERTY to be conveyed hereunder, and shall not merge into any deed. 18. TIME OF ESSENCE: The parties agree that time is of the essence in the performance of their respective obligations hereunder. 19. WAIVER: Either PURCHASER or SELLER may, by written notice to the other,, (a) extend the time for the performance of any of the obligations or other actions of the other under this AGREEMENT; (b) waive any inaccuracies in the representations or warranties of the other contained in this AGREEMENT or in any document delivered pursuant to this AGREEMENT; (c) waive compliance with any of the conditions or covenants of the other contained in this AGREEMENT; or (d) waive performance of any of the obligations of the other under this AGREEMENT. Except,as provided in the preceding sentence, no action taken pursuant to this AGREEMENT, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained in this AGREEMENT. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provisions hereunder. 20. CONSTRUCTION. The parties hereto acknowledge and agree that each party has participated in the drafting of this AGREEMENT and that the normal rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not apply to the interpretation of this AGREEMENT. No inference in favor of, or against, any party shall be drawn by the fact that one party has drafted any portion hereof. 4 SELLER: The City of Blair By: (Name) 9.1(0 00(' 10(o r/ ' I.D. # 1-cdecu. 5 PURCHASOR: Excel Health Services, Inc., d/b /a evelopment Group Excel By: (N -- d - 12_1 o cQ 9- Social Security Number/ Tax I.D. # STATE OF NEBRASKA COUNTY OF Wa I ) ' ) ss The foregoing instrument was acknowledged before me this �7� day of bluun.t , 2002. by , J,(,/n'S {i ci�, SELLER. a STATE OF NEBRASKA ) ) ss COUNTY OF,2 ) GENERAL NOTARY-State of Nebraska CHRISTINE L DIENSTBIER My Comm. Exp. Apnl4.2003 GENat: . ; .a ,'( - We Nebnisfia RRENCA R. TAYLOR My Coma Exp. Juno 20, 2004 The foregoing instrument was acknowledged before me this /15 day of ,200Z.,by k TA) — 1.144 ie- r 6 Notary Public Notary Public