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2007-58RESOLUTION NO. 2007 -58 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska Department of Roads has submitted a proposed Agreement for improvements to Highway US -30 in Blair due to a commercial development and 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. Said Agreement is attached hereto as Exhibit A and is fully incorporated herein by reference. 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL, SCHEVE, ABBOTT, WOLFF, CHRISTIANSEN AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF OCTOBER, 2007. CITY OF BLAIR, NEBRASKA E. REALPH, MAYOR ATTEST: (SEAL) BRENDA WHEELER, CITY CLERK ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA BRENDA R. WHEELER 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 October, 2007. 6 b, BRENDA R. WHEELER, CITY CLERK AGREEMENT CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS US -30 IN BLAIR — WAL -MART DEVELOPMENT THIS AGREEMENT, made and entered into this 2-3 day of O)� ke.,— , 2007, by and between the City of Blair, a municipal corporation of the State of Nebraska, hereinafter referred to as the "City," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State," and sometimes collectively referred to as the "parties." WITNESSETH: WHEREAS, the City of Blair has plans for improvements to Highway US -30 in Blair due to a commercial development, hereinafter referred to as "Developer," to be located betweeh Hollow Road and Kellie Street, as shown in Exhibit "A ", attached hereto, and hereby made a part of this agreement, and WHEREAS, based on a Traffic Impact Study prepared by Olsson Associates, improvements are required at the US -30 intersections of Kellie Street, Holly Street, Hollow Road, South Street and Washington Street, as shown in Exhibit "A," and WHEREAS, both parties have agreed that the required improvements will include the signalization of US -30 at Kellie Street and 1.,15-30 at Hollow Road, and WHEREAS, all costs incurred for the improvements to Highway US -30 will be the City's, and at no costs to the State. NOW THEREFORE, in consideration of these facts, the parties hereto agree to the following improvements: SECTION 1. The City or Developer must have all plans approved through the State's Right-of-Way permit process. SECTION 2. The City agrees, at its own expense, to maintain, operate and keep in good repair, the entire signal installation with the exception of the equipment within the controller cabinet which the State agrees to maintain at its cost and at no cost to the City. The City further agrees to bear solely the cost of electrical power required to operate said signals. SECTION 3. The City further agrees that the cost of the following improvements will be at the City cost and at no cost to the State. It will be the responsibility of the City to go into an agreement with the Developer to establish financial responsibilities between the City and the Developer. a. US -30 and Kellie Street - The access costs, design and construction of this access, street, and new traffic signal. .b. US -30 and Holly Street - The access costs, design and construction of this access, street. The parties agree that this intersection will never be a signalized due to the traffic signal spacing requirements for traffic progression along US -30. q. US -30 and Hollow Road - The access costs, design and construction of this access and street, and new traffic signal. This will be a future signalized intersection for access to this development and a possible future Blair bypass. This traffic signal, intersection and access to the development will be constructed when warrants are met for safety or capacity. This agreement does not preclude the City from seeking additional funding for a future bypass. d. US -30 and South Street - The design and construction of a northbound US -30 to eastbound South Street right -turn lane when warrants are met for safety or capacity. e. US -30 and Washington Street - The design and construction of a northbound US -30 (Lincoln Street) to eastbound US -30 (Washington Street) right -turn lane. The parties agree that this construction will be prior to the businesses opening in the new development. . City of Blair -2- US-30 in Blair - Wal -Mart Development 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 13 day of ATTEST: RECOMMENDED: District Engi AGRC4 -71 EXECUTED by the State this a' day of /Jove.- L'e4— City of Blair -3 US-30 in Blair — Wal -Mart Development ()tinker' CITY OF BLAIR STATE OF NEBRASKA DEPARTMENT OF ROADS 2007. 2007. Traffic besign Engineer N ity of Blair S -30 in Blair - Wal -Mart Development South St Hllow Rd ��. 1+V•$Itingli# St Site 11'5 =20 . LEGEND - Study Intersection • ILI Exlating Roadway EXHIBIT "A" Sheet 1 of 2 r I of Blair 30 in Blair - Wal -Mart Development , H11}4111.1) r) an FE j� Yi! \ \�H1�3] \S � �/ L �/ )\ j Ci r aS � a C \k % p 1 1 U za _ �l�f� /l!!�!/.0/3F F lf�ll[a`Rl( IIIHfflrflll C' q I 4 \<Ali< n• (3aiv u9 Nis EXHIBIT "A" Sheet 2 of 2