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20052005 RESOLUTIONS 1. Interlocal Agreement with Blair Community Schools 6027 For School Resource Officer 2. Easement to pave city right of way with Granny Grace's 6027 Daycare, 321 N. 16 Street. 3. Accepting 10 right of way dedication at 10 and WA 6027 Streets. 4. Levying special assessments — Sewer Extension 62 (Grant 6031 St) and Sewer Extension 63 (Jackson St) 5. Dedication for 10 St — Grant St to South St. 6032 6. 2005 One and Six Year Plan 6038 7. Add city streets to federal aid routing map 6039 8. Declaring need for sidewalk improvements 6039 9. Special Election for new Sales Tax 6040 10. Pool agreement with YMCA 6044 11. Developers Agreement with Empty Nest Development 6046 For Skyline Ridge Subdivision 12. No parking on north side of Nebraska Street from 24 to 6048 Hansen Drive 13. Installation of a stop sign at the intersection of 25 Street 6048 Skyline Drive 14. No parking on north side of Jackson Street from 11 th to 12 6048 Streets on school days during the hours of 7 -9 am and 3 -4 pm 15. Adopting Long Range Transportation Plan 6053 16. THIS NUMBER WAS INADVERTENTLY S i T USED 17. Approving Economic Development Plan and place it on the 6053 Ballot Election May 10, 2005 18. Uniform policy for street lights on roadways 6058 19. Endorsing grant for homeland security funds 6060 20. Approve construction engineering agreements for both 16 6062 And 17 Street box culvert projects with KMA. 21. Agreement with NDOR for storm sewer replacements along 6062 Highway 75 and Highway 30 in Blair. 22. Amendments to the Civilian and Police Pension Plans 6064 23. Easement with Northern Natural Gas 6071 24. Accepting release of easement with Northern Natural Gas 6071 25. Amendment to Kennard Water Agreement 6074 26. Setting Board of Equalization to assess properties for mowing 6087 27. Setting Board of Equalization to asses properties for Sewer 6088 Extension District 64 & 65 and Paving District 183 28. Apportionment of the City of Blair's federal funds for the 6088 construction of storm sewer and paving on 10 Street from Grant Street to 1300 feet south of South Street 29. Call for redemption on October 15, 2005, $690,000 Series 6082 2000 G.O. Various Purpose Bonds 30. Assessing Properties for mowing — 1618 Sunrise Drive 6093 And 1444 Lincoln Street 31. Setting rural water fees, tap fees and policy for tap fees 6094 32. Setting Board of Equalization to assess properties for mowing 6096 33. Assessing properties for mowing — 1618 Sunrise Drive 6097 34. Assessing properties in Sanitary Sewer Extension District 64 6097 and Paving District 183 35. Addendum to the Interlocal Agreement with the City, County 6098 And Papio NRD in reference to the rural water system 36. Establish administrative fees relating to nuisance vegetation 6098 Mowing fee assessments 37. Placement of a stop sign at 10 and Grant Streets stopping 6099 traffic northbound on Grant Street 38. CDBG for Cargill Health and Food Technologies 6101 39. Accepting Developers Agreement for South Acres 6110 40. Setting Board of Equalization to assess properties for mowing 6111 41. Assessing properties for mowing — 1618 Sunrise Drive 6116 42. Setting levy for the City of Blair and Blair Airport Authority 6122 43. Levy Special Assessments in Sanitary Sewer Ext. Dist. #65 6122 44. Amend Flexible Benefit Plan Document 6125 45. Federal Funds for Dana Bike Trail 6129 46. Agreement with Dept. of Roads for 10 Street from Grant 6130 St to a point 1300' south of South Street 47. Setting date for Board of Equalization for Skyline Ridge 6146 Subdivision 48. Levy Special Assessments against Skyline Ridge Subdivision 6148 t � RESOLUTION NO. 2005 - 1 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Interlocal Agreement between the City of Blair, Nebraska, and the Blair Public School District No. 1 of Washington County, Nebraska has been prepared and presented to the City Council, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11TH DAY OF JANUARY, 2005. CITY OF BLAIR, NEBRASKA B JA ES . REALPH, MAYOR ATTESTI: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 11th day of January, 2005. BRENDA R. WHEELER, CITY CLERK This agreement is entered into between the City of Blair, hereinafter referred to as the "City ", and School District #1 of Washington County Nebraska. For and in consideration of the mutual promises, terms, covenants, and conditions set forth herein, the parties agree as follows: PURPOSE OF AGREEMENT. The purpose of this agreement is for the City to assign one uniformed police officer and a marked police car to the Blair Public School District, for the School Resource Officer Program. The School Resource Officer, hereinafter referred to as "SRO ", will work with the school principal(s) to provide alcohol and drug education, maintain a peaceful campus environment, and take appropriate action regarding on- campus or school related illegal activity. 2. TERM. 2.1 This agreement shall be effective on the 1st day of January 2005 and shall continue until August 31, 2005 and then automatically renewed on an annual basis unless 30 day written notice is given prior to renewal date or sooner termination as provided herein or by further agreement of the parties. 2.2 The City shall provide a SRO on days that school is in session, (except for illness). The School districts shall provide the City of school calendar on or before July 1 st of each year. 2.3 The School District may request, and the City shall provide, a SRO at each school for the fall orientation. 2.4 The School District may request, and the City shall provide SRO's for summer school programs, which shall not exceed thirty (30) summer school days. 2.5 During days that schools are not in session, a SRO is subject to other assignments as determined by the City. 3. RELATIONSHIP OF PARTIES. 3.1 The City shall have the status of an independent contractor for the purposes of this Agreement. The SRO assigned to the School District is an employee of the City and shall not be considered employees of the school district and shall be subject to departmental control, supervision, policies, procedures, and General Orders. 3.2 Compensation and fringe benefits shall be paid directly by the City and shall be in accordance with the City of Blair's policies as established for its employees. The City shall maintain appropriate Worker's Compensation and Unemployment Insurance coverage for each police officer. 3.3 The SRO will be subject to current procedures in effect for Blair Police Officers, including attendance at all mandated training and testing to maintain state peace officer certification. This training and certification takes place throughout the year and will necessitate the absence of the SRO. 3.4 Both parties recognize that student records may not be released to the SRO pursuant to R.R.S. 7- 2,104. 3.5 Each party to this agreement shall be required to exercise their own independent judgment, under their respective standards, regarding searches. 3.6 The parties, though their respective administrators shall, not less than semi- annually, evaluate the program. 3.7 The SRO shall be a member on the District Safety Committee. 3.8 The City will allow and encourage the SRO to participate as a witness in all school disciplinary proceedings arising out of his duties or presence on District premises as an SRO. 4. SCHOOL RESOURCE OFFICER SELECTION, TRANSFER AND REMOVAL. 4.1 The Blair School District and the City will participate on the Selection Panel to recommend a SRO appointment. The Chief of Police will make all assignments. 4.2 If the School District is dissatisfied with the performance of the SRO, representatives for the School District and the City shall meet and attempt to resolve the performance deficits. If, after said meeting either party remains dissatisfied, the SRO will be reassigned to other duties within the Police Department, The City agrees to use reasonable efforts to find a replacement SRO. However, if the City is unable to replace the SRO within a reasonable period of time, either party may terminate this Agreement by giving written notice to the other. 4.3 The Chief of Police may reassign a SRO based on Department guidelines and /or General Orders, and in compliance with the all contracts, when it is in the best interest of the City. 4.4 In the event of a resignation, retirement, dismissal or reassignment of an SRO, in the case of long term absences by an SRO, the Chief of Police shall provide a temporary replacement for the SRO within thirty (30) school days of receiving notice of such absence, dismissal, resignatinn or reassignment if this does not present an undue hardship on the effectiveness of the departments' mission. 5. SCHOOL RESOURCE OFFICER RESPONSIBILITIES. 5.1 Work in concert with the school principal(s), or the school designate, meeting with the principal(s) on a weekly basis. 5.2 Provide instruction addressing tobacco, alcohol, and other drug issues, and addressing violence diffusion, violence prevention and safety issues in the school. 5.3 Act as a communication liaison with law enforcement agencies, and provide basic information concerning students on the campus served by the officer. 5.4 Present programs to parents on issues related to tobacco, alcohol, and other drugs, violence prevention, and safety and security. 5.5 Provide informational in- services for staff on issues related to alcohol and other drugs and the law, violence, gangs, safety, and security. 5.6 Gather information regarding potential problems such as criminal activity, gang activity and student unrest, and attempt to identify particular individuals who may be a disruptive influence to the school and /or students. 5.7 Assist in maintaining order and enforcing school policies on school property. In conjunction with school officials, the SRO will take the appropriate law enforcement action, consistent with a police officer's duty. As soon as practicable, the SRO shall make the principal of the school aware of such action. At the principal's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school functions, to the extent that the SRO may do so under the authority of law. Whenever practicable, the SRO shall advise the principal before requesting additional police assistance on campus. 5.8 Refer students and /or their families to the appropriate agencies for assistance when need is determined. 5.9 The SRO shall not act as a school disciplinarian. However, if the principal believes an incident is a violation of the law, the principal may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. 5.10 The SRO can perform other duties as may be mutually agreed upon by the City and the District. Provided further that nothing required herein is intended to or will constitute a relationship of duty for the assigned police officer or the City beyond the general duties that exist for law enforcement officer within the state. 6. COSTS. 6.1 The District will pay a per diem rate for each day (defined as 8:00 a.m. to 4:00 p.m.) the SRO is performing the duties of the SRO as provided herein. T he per diem rate will be equal to one -half of the total annual cost of wages and benefits payable to the SRO divided by 187. 6.2 The City and School District agree to an annual commitment to this agreement, with an automatic renewal unless either party gives written notice within 30 days of termination date. 6.3 The District will not pay the City for: 6.4a overtime; 6.4b non - school related expenses related to or resulting from law enforcement related activities, such as criminal investigations and responses to gang fights, assaults, arson, or court appearances. 6.4 The City shall be responsible for the SRO's compensation on days when schools are session and the officer is not at his assignment, unless the SRO's absence is due to attending an off campus activity at the school's request. 6.5 The City shall be responsible for the SRO's compensation on all holidays, vacation days, or sick leave days. 7 6.6 The City agrees to pay all other costs, including training and certification, unless such training is requested or mandated by the School District. TIME AND PLACE OF PERFORMANCE. 7.1 City will assure that the SRO will be on the campus each day that school is in session (except for illness) during the regular school year. The SRO's activities will be restricted to the assigned school campus except for: 7.1 a Follow -up home visits when needed as a result of school related student problems. 7.1 b School related off - campus activities when the principal requests officer participation. 7.1 c Response to off - campus, but school related criminal activity. 7.1 d Response to emergency law enforcement activities or court appearances. 7.2 Regular working hours may be adjusted on a situational basis with the consent of the SRO's supervisor. These adjustments should be approved prior to the change and should be to cover scheduled school related activity requiring the presence of law enforcement officer. DISTRICT RESPONSIBILITIES. 8.1 The District will provide the SRO with access to an office and such equipment as is necessary at the school. This equipment shall include, but not limited to, a telephone, fax, copier, filing space capable of being secured, and access to a computer and /or secretarial assistance. City of Blair School District #1 Washington County Nebraska B Y By Date �f r`` ` Date RESOLUTION 2005 - 2 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Easement between the City of Blair and Granny Grace's Kid Care, a copy of said Easement being attached hereto, marked Exhibit A; and, WHEREAS, the City of Blair is in agreement with the terms and conditions of said Easement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the easement attached hereto and marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to execute on behalf of the Municipality any documents that may be necessary for approval of said easement. 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 STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11 TH DAY OF JANUARY, 2005. CITY OF BLAIR, NEBRASKA QANES E. REALPH, MAYOR 1 ATTEST: &4/1� /r 4 41-- BREXbA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 11th day of January, 2005. BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA COUNTY OF WASHINSTON ES a0o5G 3 86 ENTERED III NUMERICAL INDEX AND FILED FOR R ORD THI asf , DAY OF A.D, 2Qjl? AT . 5 0`CLOCK,4:,M AI D RCORDED IN BOOK SAT PA E EXMBIT A ,� 0 5 J I r? } 9: COUNTY C ERK DEPUTY 1 r ftl.y t L ,. i #v EASEMENT W.aHNETON ccuti " nLAIR. N g This Agreement made this l l day of January, 2005, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred as "Grantor ", and Granny Grace's Kid Care, hereinafter referred to as "Grantees ". In consideration of One Dollar and other mutual covenants contained herein, the Grantor does hereby grant to the Grantees a right of way easement in the following described real estate: Beginning at the Northeast corner of Lot 1, Block 15, Original Townsite of Blair, Nebraska; thence westerly along the north lot line of Lot 1 for a distance of 20 feet this point also being the point of beginning; thence westerly along the north lot lines of Lots 1 through 4; thence northerly 18 feet to the back of curb on the south side of Nebraska Street; thence easterly along the back of curb on the south side of Nebraska Street to a point 20 feet west of the northerly projected northeast lot corner of Lot 1; thence southerly to a point of intersection of the north lot line of Lot 1 and the point of beginning. for the sole purposes of paving right of way for vehicular parking and access to building for vehicle maintenance. No modifications of such parking and access area shall be made without specific authorization in writing from the Grantor consenting to such modifications. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not less than fifteen (15) days prior to such termination which such notice may be given to the Grantees by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantees shall remove such paving at their own expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantees for any damages whatsoever upon termination of this easement. The Grantees further hereby 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 Grantees 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 actions may be brought against the municipality. Such indemnification and save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, water lines, sewer mains or any other municipal property as the result of the construction of said paving and the Grantees shall further be liable to the municipality for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantees and the rights under this easement shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantees. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION BY �. Ysm6 Realph, Mayor Grantee Grantee STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) �jhe above and foregoing Easement was acknowledged before me, a Notary Public, by 1�Qn a�rpc this ZO day of Lrbk4 (,ar,,, , 200,5 and they acknowledged the execution of the foregoing Easement to be their voluntary act and deed for the purposes therein set forth. -J `6� � Y AL N9'' Stye of Notary Public BRENDA R. WHEEL EO My Comm. Exp. June 20, 20 0 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) The above and foregoing Easement was acknowledged before me, a Notary Public, by JAMES E. REALPH, MAYOR, City of Blair, Nebraska, on behalf of the City, this 0� day of to , 2005 and he acknowledged the execution of the foregoing Easement to be his voluntary act and deed for the purposes therein set forth. -state of tJebrJER - �ajA I WHEEL Notary Public My Comm. am. jum 20.20 0 v 41 i \4� s 9 im i lb 0 � t 3b t s1 r C lJ £ 2 lb 0 � t 3b t s1 r RESOLUTION 2005 - 3 COUNCIL MEMBER SCHEVE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair owns certain real estate, and the City desires to donate such real estate as part of I O Street in order to maintain the right of way for I 01 Street which is being dedicated to the public for use as a public street. WHEREAS, the Mayor and City Council deem it to be in the public interest to accept such dedication of real estate and hereby dedicate it to the public as right of way for 10 Street in the City of Blair, Nebraska. RESOLVED THAT the Mayor and City Council do hereby accept the dedication of the strip of land described on Exhibit "A" attached hereto and incorporated by this reference herein from the Grantor. 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 STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 11 TH DAY OF JANUARY, 2005. CITY OF BLAIR, NEBRASKA r 1 ATTEST: '�-z 4 1djLe� fth NDA R. WHEELER, CITY CLERK _ (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 11th day of January, 2005. BRENDA R. WHEELER, CITY CLERK . 6 i o 100'(P) 0 �I o f �I %( a o -� �- -- z V p� m °� 4a 1 O V O p Z N I J N O N m P+ m orn �$ Oa, O C) N O C A )_7 w m CD to m C. 4 100 100.08.08' ' w Cn o w N � N m A ul y V y � 3 m a d 7 n � 0 o � 5 00 "02'57" W a m 5 y Z W O . o u TENTH A o Ln, o STREET A; a D _ N 00 5.38' 7" E 8 5.38' "(P) 85.39'(R) �lr N m OR UJ �i cn m y C W 100'(P) O ❑ o C N m d m m C g w N y m m a 3° Sa d g € P � in _ � a O N $ N d o n u n v 3 c n n a O O N v. P. 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M CO C1 m N m 7 m w° a 7 C> CCD p p a@ (10 !23 W = O f0 a W, O O T 6 2. n a = m y p pf_p N O n y fD m m IJ m O p 0 C, N W g C7 y n a Ts O7 ac fn y - O N 3 N N O m m-V a... 7 0 0 F; aCn o r� Z o@ ° � ( � co Z °- C N al .y-. m a° o N p 07 m v 0 o m : [A O U � c. p 7 ( Z m N 7 N Cn = 5r m aT D m CD ;:P m ! ((77 c @ O N m 2 S as n N 0 d y ww CD n m 8 fD d - Ow W SCI'tj �G Z NCD� pp 77 = ° 6 3 y w A p 2 D N Ct CD i co O CO CD� m O Am =N CD 3 m� V CA d 0 Z w o C m O 0 A = Z p VN C1 ? �p OC EO m d g ° w 0 o m W c° m 0 y m C C = O m�<�oc(n f°m Ch M. j c y a J ' m d. S [S CA (° > y m la m y a a v I o i � a frr G S N = W fo O U) Er O OT M c a CD a_ T in 0 d s CD n O RESOLUTION NO. 2005 -4 COUNCILMEMBER BIFFAR 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 improvements made in Sanitary Sewer Extension No. 62 and Sanitary Sewer Extension No. 63 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 Sanitary Sewer Extension No. 62 and Sanitary Sewer Extension No. 63 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 Sanitary Sewer Extension No. 62 and Sanitary Sewer Extension No. 63. 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 7.0% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Sanitary Sewer Extension No. 62 and Sanitary Sewer Extension No. 63 shall become delinquent in fifteen (15) equal installments, as follows: 1 /15th- March 17, 2005 1 /15th- one year from date hereof 1 /15th- two years from date hereof 1/1 5th- three years from date hereof 1 /15th- four years from date hereof 1 /15th- five years from date hereof 1 /15th- six years from date hereof 1/1 5th- seven years from date hereof 1 /15th- eight years from date hereof 1 /15th- nine years from date hereof 1/1 5th- ten years from date hereof 1 /15th- eleven years from date hereof 1 /15th- twelve years from date hereof 1/1 5th- thirteen years from date hereof 1 /15th- fourteen years from date hereof SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection. SECTION 4. The Schedules of proposed assessments with any changes therein as heretofore directed by the Board shall be attached to and made part of the Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCIL MEMBER SCHEVE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, SHOTWELL, STEWART, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF JANUARY, 2005. CITY OF BLAIR, NEBRASKA BV- JA S E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 25th day of January, 2005. BRENDA R. WHEELER, CITY CLERK VEENSTRA & KIMM, INC. 3000 Westown Parkway • West Des Moines, Iowa 50266 -1320 515- 225 -8000 •515- 225- 7848(FAX) • 800 - 241- 8000(WA7S) January 7, 2005 City of Blair 218 South 16` Street Blair, Nebraska 68008 -1674 RE: GRANT AND JACKSON STREETS SEWER ASSESSMENTS City Council: We have listed below the assessments as we have figured them for the benefitting property owners of the above referenced streets. Grant Street Sewer Assessments: (Sewer District # 62) • Tax Lot #272 Section 7, Township 18 North, Range 12 East of the 6`'' PM Donald and Joan Persigehl $ 4,089.83 • Tax Lot #273 Section 7; Township 18 North, Range 12 East of the 6`'' PM Brent A Stirek $ 16,277.92 • Tax Lot #271 Section 7, Township 18 North, Range 12 East of the 6 ffi PM Wayne H. Smith $ 42,038.55 • Tax Lot #269 Section 7, Township 18 North, Range 12 East of the 6`'' PM Huntel Systems $ 4,293.39 • Tax Lot # 170 Section 7, Township 18 North, Range 12 East of the 6"' PM Kelly Ryan Equipment Company $ 1,627.82 .;ackson Strmet Sewer Assessments: (Sewer District # 63) • Tax Lot #471 Section 11, Township 18 North, Range 11 East of the 6`' PM Berniece Sheets $ 14,551.56 • All of Block 18 in Dexter's First Addition Berniece Sheets $ 10,340.36 • All of Block 7 in Dexter's First Addition Berniece Sheets $ 10,340.36 • Lot 10, Block 17 in Dexter's First Addition Dennis & Ruth McCormick $ 2,500.00 • Lot 11, Block 17 in Dexter's First Addition Dennis & Ruth McCormick $ 2,500.00 • Lot 12, Block 17 in Dexter's First Addition Dennis & Ruth McCormick $ 2,500.00 West Des Moines • Coralville • Omaha • Moline • Mason City • Sioux City City of Blair January 7, 2005 Page 2 If there are any questions, please call me at 402 -391 -0016. Sincerely, VEENSTRA & KIMM, INC. y H. R. Veenstra Jr., P.E. HRVJr:dml 3954 RESOLUTION 2005 - 5 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair owns certain real estate, and the City desires to donate such real estate as part of IO Street in order to maintain the right of way for I Oth Street which is being dedicated to the public for use as a public street. WHEREAS, the Mayor and City Council deem it to be in the public interest to accept such dedication of real estate and hereby dedicate it to the public as right of way for IO Street in the City of Blair, Nebraska. RESOLVED THAT the Mayor and City Council do hereby accept the dedication of the strip of land described on Exhibit "A" attached hereto and incorporated by this reference herein from the Grantor. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE, STEWART, FANOELE, ABBOTT, WOLFF, MCMANIGAL AND BIFFAR VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 2005. CITY OF BLAIR, NEBRASKA B-- - -- JAM REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 25th day of January, 2005. BRE DA R. WHEELER, CITY CLERK 2 _ I JNIA3WS 38NORIHOW ONIN33NON3 N I S 3 1 V 1 J O S S V um o? lll1 :t 3 a a a1 w U -U Z O J�� a U O a N ( N\ WI = — z Y 3 � w wa ¢ w O 0 � m F O- F m O I ¢ <z O w a J ^ z z m zz Z < 0 C) O V) N 3¢0 F x oo0��z ' F o' - L x a� o z< tn H L No QZ¢=o Oo: ¢OZw M k ¢ \ p �0 Q z N w N Q O 'O w U d Z N .~,. N �? per IV NOLLVOIQSQ ' VNSV2MN '81VIS j0 A110 NOISN31X3 133diS HA l gi & a � $ iNa z z ow 1332US 1N"O a m 3 „9oszsaN -i- - — — — — — T ,0'09 1 ,0 09 I I A I I I I \ I I \ I I \ — L .a"o9 L —o o9 \ ,r \133815 XV3103 \ ti I\ \ _ M�1L.L9.froN \ I\ I L'9 I I I qgi r — L .0'09 1 _0'09 J — 021 _1 M.99. , D o 133815 Hl(IOS I I I I I I I I I I I I I I I I I I_ �ZNm. o 40 + \ \ e� 0 / w / vl / z / z w 33.00 N09'52'31'W I I I I �a$ F 'sg 5 T a �3$ �x s '4 X a lp o h a x a F = ¢ € in €p a y t �� 3 24 Am h�a�ffi .dk :o 83 A I �3� a a`k I ��k .tS Ny z F ¢ A S� ��.r bpy�� ._� S 5 b b „gib $ffid� d a$ o'h8 a F'.' S 5 b RESOLUTION NO. 2005 -6 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 2005 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 8, 2005 be and is hereby adopted. BE IT FURTHER RESOLVED that a copy of said plan be filed with the Department of Roads, State of Nebraska. COUNCILMEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, FANOELE, MCMANIGAL, WOLFF, SHOTWELL AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 8 DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA B ,,..r� ajL-- J MES E. REALPH, MAYOR ATTEST: ✓�� tlt A � BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 8th day of February, 2005. BRENDA R. WHEELER, CITY CLERK 2 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 11 REPORT OF PREVIOUS YEAR HIGHWAY OR STREET IMPROVEMENT YEAR ENDING: 2004 SHEET 1 of 1 COUNTY_ CITY: Blair VILLAGE: PROJECT NUMBER LENGTH [ MEAS NIT OF ME RE6TT -N ) UR E PROJECTED COST (IN THOUSANDS) i CONTRACT OWN PROJECT FORCES I DATE COMPLETED I (ACTUAL OR ESTIMATED) B -90 Y -04 0.1 MI 110 1 X I 1 june 2004 M -157 Y -177 0.2 MI 100 X X September 2004 B -92 Y -04 0.25 MI 200 ± December 2004 B -93 Y -04 0.25 MI 150 X December 2004 M -157 (Y -175 2.0 MI 8700 X December 2004 SIGNATURE: TITLE: DATE: Director of Public Works BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 8 SUMMARY OF GIVE -YEAR PLAN YEAR ENDING 2004.00 SHEET 1 OF COUNTY: CITY: Blair VILLAGE: PRIORITY NUMBER PROJECT NUMBER LENGTH (NEA,EsT -7ENTH I UNIT OF MEASURE I ESTIMATED COST I (Thousands) REMARKS 1 B -95 Y -04 0.2 MI 25 2 B -04 Y -01 0.32 MI 100 3 B -89 Y -04 NA MI 226 4 B -88 (Y -04 ) NA MI 211 5 M -157 Y -157 7.75 MI 20,000 6 B -94 (Y -05 ) 0.4 MI 100 C BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 10th Street from South Street to Grant Street ---------------------------------------------------------------------------------------------------------------------------------------- EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or Dirt & Rock ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = 20 = J Collector PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH GRADING CONCRETE X RIGHT OF WAY LIGHTING AGG REGATE N X CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH Box TYPE CULVERT: DIAMETER _ LENGTH TYPE ------------------ - - - - -- - -- • - Pendi g ----------------------------- X YES - - - -- �TN /A Bridges and Culverts Sized uHydraulicAnalysi s Pending OTHER CONSTRUCTION FEATURES: Grading of new roadway With new culverts and rock Surface of roadway. ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL *OTHER TOTAL (IN THOUSANDS) *OPTIONAL 25 25 (Nearest Tenth) PROJECT NUMBER: Project Length = _ 0_2 (State Unit of Measure) B- 95(Y -04) Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIG HWAY OR STREET IMPROVEMENT PROJECT COUNTY: I CITY: I VILLAGE: Blair LOCATION DESCRIPTION: Hollow Road EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, orbridge) Rock AVERAGE DAILY CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH X GRADING CONCRETE X RIGHT OF WAY LIGHTING AGGREGATE _ CURB & GUTTER UTILITY ADJUSTMENTS ,ARMOR COAT _ X DRAINAGE STRUCTURES — FENCING _ ASPHALT X EROSION CONTROL _ SIDEWALKS BRIDGE TO REMAIN IN PLACE - ----- - -- _ _ ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: ----- ------- - - - - - -- -- RISE LENGTH Box TYPE CULVERT: DIAMETER I LENGTH TYPE - - - -- ---------- ❑X YES�NIA -------- - - - - -- Bridges and Culverts Sized - -- u - • - ----------------------------- HydrauficAnalysi s P Pendi ending OTHER CONSTRUCTION FEATURES: Construction Of new Culverts and grading the road to establish drainage ways_ E COST *COUNTY *CITY I *STATE I *FEDERAL I *OTHER I TOTAL (IN THOUSANDS) *OPTIONAL I 100 I I I 100 (Nearest Tenth) PROJECT NUMBER: Project Length = ------- 0 32 _ - - _ -- (State Unit of Measure) B- 04(Y -01) SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 16th Street Bridle over South Creek -------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------- EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, orbridge) ACC /PCC ----------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- AVERAGE DAILY TRAFFIC: TYPE: (as shorn on Functional Classification Map) 19 = 20 = __J CLASSIFICATION Collector PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH X GRADING X CONCRETE X RIGHT OF WAY LIGHTING AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES X FENCING ASPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: 2 -10 SPAN 9' RISE --40'--LENGTH. Box TYPE CULVERT: _ DIAMETER LENGTH TYPE ❑X YES= 7 Bridges and Culverts Sized u Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction of a new box culvert to replace the existing bridge. I ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL *OTHER TOTAL (IN THOUSANDS) *OPTIONAL 42 184 226 (Nearest Tenth) PROJECT NUMBER: Project Length = NA - - - - - _ - ( State unit of Measure) B- 89(Y_04) ........... Director of Public Works DATE: Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJEDT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 17th Street Bridge over South Creek EXISTING SURFACE TYPE AND STRUCTURES: ACC /PCC AVERAGE DAILY TRAFFIC: 19 = , 20 DESIGN STANDARD NUMBER: X GRADING __,AGGREGATE _,ARMOR COAT — ASPHALT (such as dirt, gravel, asphalt, concrete, culvert, or bridge) - CLASSIFICATION TYPE: (as shown on Functional Classification Map) Local PROPOSEDIMPROVEMENT SURFACING: THICKNESS WIDTH LIGHTING X CONCRETE X RIGHT OF WAY X CURB & GUTTER X UTILITY ADJUSTMENTS X DRAINAGE STRUCTURES 7 FENCING 7 EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: 2 -10 SPAN 5' RISE 40 LENGTH BOX TYPE CULVERT: DIAMETER LENGTH TYPE X YES NIA Bridges and Culverts Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction Of a new box Culvert to replace the e)osti bride_ --------------------------------------- - - - - -- ESTIMATED COST *COUNTY I *CITY i *STATE "FEDERAL I *OTHER I TOTAL (IN THOUSANDS) *OPTIONAL I 42 I 169 I I 211 (Nearest Tenth) PROJECT NUMBER Project Length = _ _ NA _ _ ( State Unit of Measure) B- 88(Y_04) SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPRO VI EMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: Highway_Bypass corridors - Highway 30 & 133 area to Highway 30 East and Highway 30 East to Hicahwav 75 North SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) FNWI AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = 20 = None PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH X GRADING X CONCRETE X RIGHT OF WAY LIGHTING 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: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: _ _ DIAMETER _ LENGTH TYPE - - -- --------- --- - -- - -- --------------------------------------- F]YES �TNiA Bridges and Culverts Sized uHydraulic Analysis Pending OTHER CONSTRUCTION FEATURES_ Construction Of a new bypass from Highway 133 to Highway 75 and around the -------------------- --- - -- - Eastside of the city to Highway 75 North of the city. (EIS beinq conducted at this time) ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL *OTHER TOTAL (IN THOUSANDS) *OPTIONAL 20,- 20,000 (Nearest Tenth) PROJECT NUMBER: Project Length = 7.75 _ - -Y _ (State Unit of Measure) M -157(Y 157) - - _ SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 25th Street from Hollow Road to EXISTING SURFACE TYPE AND STRUCTURES: Dirt Road 31 (such as dirt, gravel, asphalt, concrete, culvert, or bridge) AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = ------- , 20 = .. Local PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH ' Y GRADING CONCRETE RIGHT OF WAY LIGHTING AGGREGATE _ CURB & GUTTER _ X UTILITY ADJUSTMENTS _ L ARMOR COAT _ X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL _ SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE - - - -- ------------------ E]YES �TN /A - - - - -- Bridges and Culverts Sized --- - --- ----------------------------------- uHydraulicAnalysis Pending --� OTHER CONSTRUCTION FEATURES: Construction of new drainage structures and grading - of existing r oadway with �!agregate surfacing____________ - -- ------------- ------------------------------------ ------------------------------------------ ESTIMATED COST - COUNTY ( - CITY I - STATE `FEDERAL - OTHER I TOTAL (IN THOUSANDS) - OPTIONAL I 100 I I I 100 (Nearest Tenth) PROJECT NUMBER Project Length = 0.4 Unit of Measure) B- 94(Y_05� SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 9 S U M MARY OF SIX -YEAR PLAN (ZIY_VGAR P FRInn i=mnipif )nn� SHEET 1 - OF COUNTY: CITY: Blair VILLAGE: PRIORITY NUMBER PROJECT NUMBER LENGTH vF aFSr- F n UNIT OF MEASURE ESTIMATED COST (Thousands) REMARKS 1 B -95 Y -04 0.2 M1 25 2 B -04 Y -01 0.32 M1 100 3 B -89 Y -04 NA MI 226 4 B -88 (Y -04) NA M1 211 5 M -157 Y -157 7.75 MI 20 6 B -94 Y -05 0.4 M I 100 7 B -76 Y -02 0.5 MI 400 8 B -91 Y -04 NA M1 500 9 B -65 Y -03 0.75 MI 250 10 M -157 Y -213 4.0 M1 500 11 B -07 Y -01 0.5 M1 5000 12 B -83 Y -03 0.2 MI 100 13 B -03 Y -01 0.13 M1 100 14 B -77 Y -02 0.35 M1 150 15 B -79 Y -02 NA M1 175 16 B -96 Y -05 0.7 M1 800 17 B -97 Y -05 0.4 MI 200 SIGNATURE: TITLE: Director DATE: of Public Works BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HI VAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION:. 1 0th Street from Prospect Street to Grant Street EXISTING SURFACE TYPE AND STRUCTURES_ (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Rock AVERAGE DAILY TRAFFIC: TYPE: (as shown on Functional Classification Map) 19 = J CLASSIFICA710N 20 = Collector PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: THICKNESS WIDTH X GRADING X CONCRETE X RIGHT OF WAY LIGHTING AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS - COAT X DRAINAGE STRUCTURES FENCING __,ARMOR 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 CULVERT: DIAMETER LENGTH TYPE DYES �tV ZA Bridges and Culverts Sized F1 Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction with PCC oavement between eXlstinq pavements, storm water runoff. ESTIMATED COST *COUNTY I *CITY *STATE I *FEDERAL I *OTHER I TOTAL (IN THOUSANDS) *OPTIONAL I 400 I 400 (Nearest Tenth) PROJECT NUMBER: Project Length = 0.5 (State Unit of Measure) — _ B_76(Y_02) _ SIGNATURE: TITLE DATE= Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT (COUNTY. I CITY Blair I VILLAGE: LOCATION DESCRIPTION: Hiahwav 75 at Linoch Street and Grant Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, orbridge) ACC /PCC AVERAGE DAILY TRAFFIC: TYPE: (as shown on Functional Classification Map) g = 20 CLASSIFICATION = Major Arterial PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: -------- - - - - -- THICKNESS WIDTH GRADING X CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB &GUTTER X UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING ASPHALT HEROSION 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 YES =NtA� Bridges and Culverts Sized uHydraulicAnalysis Pending OTHER CONSTRUCTION FEATURES: Reconstruction of Storm Sewer at the intersections identified to better handle storm water runoff. ESTIMATED COST (!N THOUSANDS) *OPTIONAL *COUNTY *CITY `STATE *FEDERAL *OTHER 500 (Nearest Tenth) PROJECT NUMBER: NA - - -- (State Unit of Measure) TITLE Director of Public Works TOTAL 500 B-91 (Y-04) ct Length = Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJE�'',r COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: Nebraska Street from 10th Street to ffl way 75 ___ EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) ACC /Brick AVERAGE DAILY TRAFFIC: as shown on Functional Classification Map) ( 19 = _ 20 = ______ ] CLASSIFICATION TYPE: MinorArterial PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: _ — SURFACING: _ - THICKNESS - --- — ------- WIDTH X GRADING X CONCRETE _ RIGHT OF WAY LIGHTING _ AGGREGATE X CURB & GUTTER _ UTILITY ADJUSTMENTS ARMOR COAT _ DRAINAGE STRUCTURES _ FENCING X ASPHALT X EROSION CONTROL X SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH ______________ _ _____ TYPE NEW BRIDGE: ROADWAYWIDTH LENGTH _ - _ - ______TYPE -------- - - - - -- - BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: _ _ _ DIAMETER _ LENGTH TYPE - - - -- - ----------- - -- - • - Pendi g ------------------ 0YES �N /A — Bridges and Culverts Sized uHydrau[ic Analysi s Pending OTHER CONSTRUCTION FEATURES: of PCC extensions on existing for a center turn lane --------------------- ------------- - - - - ------------------------- ------- - - - - -- ESTIMATED COST *COUNTY *CITY I *STATE I *FEDERAL I "OTHER I TOTAL (IN THOUSANDS) I ' 250 'OPTIONAL 250 (Nearest Tenth) PROJECT NUMBER: Project Length = ------- 0 75______ (State Unit of Measure) B_65(Y_03)_ _ SIGNATURE: TITLE DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: Repair and replacement of brick streets EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Brick ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------- AVERAGE DAILYTRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 1 g = 20 = Local PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: SURFACING: _- ___-- ____ -- THICKNESS____ ___ WIDTH ----------------------------- I GRADING X CONCRETE RIGHT OF WAY Y LIGHTING AGGREGATE X CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING x ASPHALT EROSION CONTROL I SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE -------- - - - - -- •-- - - - - -- NEW BRIDGE: ROADWAY WIDTH LENGTH -------- - - - - -- - - - - - -- BOX CULVERT: SPAN RISE LENGTH CULVERT: DIAMETER _ LENGTH --- TYPE - - - -- ---------------- - - - - -- -- --------------------------------- EIYES �TNIA Bridges and Culver3s Sized Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Brick streets will be evaluated on a street by street bases to determine best course of action in wither reRair_or replacement_ _ .-------------------------------------------------------------------------------------------------------------------------- ESTIMATED COST *COUNTY *CITY - STATE *FEDERAL *OTHER TOTAL (IN THOUSANDS) *OPTIONAL 500 500 (Nearest Tenth) PROJECT NUMBER_ Project Length = -------- 4.0 ------ W (State Unit of Measure) M -157(Y -213) SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -`TEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 1 st Street from Hiahwav 30 to Jackson Street EXISTING SURFACE TYPE AND STRUCTURES: None AVERAGE DAILY TRAFFIC: 19 = , 20 DESIGN STANDARD NUMBER: GRADING AGGREGATE ARMOR COAT ASPHALT (such as dirt, gravel, asphalt, concrete, culvert, or bridge) CLASSIFICATION TYPE: (as shown on Functional Classification Map) Local PROPOSEDIMPROVEMENT SURFACING: THICKNESS WIDTH LIGHTING X CONCRETE 5 F RIGHT OF WAY X CURB &GUTTER X UTILITY ADJUSTMENTS X DRAINAGE STRUCTURES _ FENCING X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE - - -- -------- ----------- - - - - -- --- • - Pendi g ----------------------------- DYES C�NIA Bridges and Culverts Sized uHydraulicAnatyi s Pending OTHER CONSTRUCTION FEATURES: Construction of new overpass over railroad tracks and Creek ------------------------------------------------------------------------------------------------ storm water runoff. ESTIMATED COST I *COUNTY (IN THOUSANDS) *OPTIONAL Project Length = SIGNATURE: *CITY I *STATE *FEDERAL I *OTHER I TOTAL 5000 + I I 5000 (Nearest Tenth) PROJECT NUMBER: 0.5 - - - - -- (State Unit of Measure) - - -- B 07(Y - 01) TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN W1r,L14WAY C3R ST IMPROVEMENT PROJECT COUNTY: • • ` CITY: VILLAGE: Blair LOCATION DESCRIPTION: Arthur Road from 2nd Street to Jackson Street _ ----------------- ------- EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Rock ---------------------------------- --------------------------------- ------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------- AVERAGE DAILY TRAFFIC: CLASSIFJCATION TYPE: (as shown on Functional Classification Map) 19 = 20 = Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7° THICKNESS 25 WIDTH X GRADING X CONCRETE RIGHT OF WAY FILiGHTING 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: ROADWAY WIDTH LENGTH ---------- — ---- ------------------------ TYPE BOX CULVERT: ~--------- - - - - - -- - SPAN - - - - -- - RISE .-- - - - - -- LENGTH .------------- ------------- --------------- TYPE ----- CULVERT: DIAMETER LENGTH DYES = /A Bridges and Culverts Sized IE Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: - Construction of PCC pavement between e)dsting Pavements .---------------------------- distance. ---------------------------------- ------------------------------------------------------------------------------------------------------------------------- - - -- .... --------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------- ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL *OTHER TOTAL (IN THOUSANDS) *OPTIONAL 100 100 (Nearest Tenth) PROJECT NUMBER: Project Length = 0.2 (State Unit of Measure) SIGNATURE: =LF- DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: I Blair LOCATION DESCRIPTION: Garfield Road EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) Rock AVERAGE DAILY TRAFFIC: CLASSIF1CATlON TYPE: (as shown on Functional Classification Map) 19 = 20 = ______ Local PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25 WIDTH X GRADING X CONCRETE RIGHT OF WAY LIGHTING AGGREGATE CURB & GUTTER _ X UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL _ SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAYWIDTH LENGTH TYPE NEW BRIDGE: ROADWAY WIDTH LENGTH TYPE BOX CULVERT: SPAN RISE LENGTH TYPE CULVERT: DIAMETER LENGTH TYPE - - -- __ FIYES =N/A --------- - - - - -- Bridges and Culverts Sized - -- ------------------------------------ uHydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction of PCC pavement between existing pavements_ distance. ESTIMATED COST I *COUNTY I *CITY ( *STATE I *FEDERAL I *OTHER I TOTAL (IN THOUSANDS) *OPTIONAL 100 I I I I 100 (Nearest Tenth) PROJECT NUMBER: Project Length = 0.13 _ ( State Unit of Measure) B_03(Y_01) SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN Wir.WWAY r)R .qTRFFT IMPROVE PROJECT COUNTY: CITY: VILLAGE: Blair LOCATION DESCRIPTION: 16th Street from Nebraska Street to Adams Street - --- — _------------------- ------------------------------------------------------------------------------------------------------------------- EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) ACC/PCC ---------------- -------- --- — --------------------- — --- ------------- ------------------------------------------------------------------- AVERAGE DAILY TRAFFIC: TYPE: (as shown on Functional Classification Map) 19 = 20 = ] CLASSIFICATION I Minor Arterial PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7° THICKNESS 31 WIDTH X GRADING X CONCRETE RIGHT OF WAY EILIGHTING 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: _____________ ROADWAYWIDTH _LENGTH TYPE — --- — ------ — ------ — ----- -------------- — SPAN BOX CULVERT: RISE LENGTH - TYPE -------- -------------- - - - - -- - - - - - -- •-- - - - - -- • - - - -- CULVERT: DIAMETER LENGTH ---------- TYPE DYES L�IA Bridges and Culverts Sized M Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: of PCC extensions Onto existing Street to establish Center turn lane ------------------------------------------ - - - - -- ------------------------------------ dltan� ---------- ----------------- ----------- ---- •..... _. ------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------- ESTIMATED COST *COUNTY *CITY *STATE *FEDERAL - OTHER TOTAL (IN THOUSANDS) *OPTIONAL 150 150 (Nearest Tenth) PROJECT NUMBER- Project Length = 0.35 (State Unit of Measure) B-77(Y -02) SIGNATURE: TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY. CITY: VILLAGE: I Blair I LOCATION DESCRIPTION: Hiahwav 91 at 23rd Street EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, or bridge) ACC /PCC AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) J 19 = 2205 , 20 = ______ Major Collector - - - - - -- - - - - - -- PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 10 THICKNESS 38 WIDTH X GRADING X CONCRETE X RIGHT OF WAY LIGHTING X CURB & GUTTER X UTILITY ADJUSTMENTS _,AGGREGATE COAT DRAINAGE STRUCTURES X FENCING ___,,ARMOR X 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 - - -- ---------------- E]YES �N /A - - - - -- Bridges and Culverts Sized - -- - •----------------------------------- uHydraulicAnalysis Pending - - -- -- OTHER CONSTRUCTION FEATURES: Reconstruction Of the intersection to allow for left turn lane and better si -nt ---------------------------------------------------------------------------------- distance. ESTIMATED COST I *COUNTY (IN THOUSANDS) I *OPTIONAL Project Length = NA SIGNATURE: *CITY f *STATE I *FEDERAL I *OTHER TOTAL 175 I 175 (Nearest Tenth) PROJECT NUMBER: (State Unit of Measure) B -79( _02) . . ........ ( TITLE: DATE: Director of Public Works Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FORM 7 ONE- AND SIX -YEAR PLAN HIGHWAY OR STREET IMPROVEMENT PROJECT COUNTY: CITY: VILLAGE: `STATE Blair ;OTHER LOCATION DESCRIPTION: Nebraska Street from Hansen Drive to Hiahwav 91 EXISTING SURFACE TYPE AND STRUCTURES: (such as dirt, gravel, asphalt, concrete, culvert, orbndge) None ----------------------------------------------------------------------------------------------------------------------------------- AVERAGE DAILY TRAFFIC: CLASSIFICATION TYPE: (as shown on Functional Classification Map) 19 = 20 = Local PROPOSEDIMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25 WIDTH X GRADING X CONCRETE X RIGHT OF WAY LIGHTING AGGREGATE X CURB & GUTTER X UTILITY ADJUSTMENTS ARMOR COAT X DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE: RVf1LJVvFj vVIUi l LOLV IF1 ROADWAY WIDTH LENGTH OX CULVERT: SPAN RISE LENGTH ULVERT_ _ DIAMETER LENGTH - - �—�� -- --------------- - -- YES I = NIA Bridges and Culverts Sized L ^i Hydraulic Analysis Pending OTHER CONSTRUCTION FEATURES: Construction of the EXtention Of Nebraska Street from Hansen Drive to ------------------------ ighwav 91 Ire TYPE TYPE TYPE ESTIMATED COST *COUNTY 'CITY `STATE *FEDERAL ;OTHER TOTAL (1N THOUSANDS) *O PTIONAL 1 1 800 SOD (Nearest Tenth) PROJECT NUMBER: ect Length = 1.0 (State Unit of Measure) I B -96 Director of Public Works Page 1 COUNTY BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS FOR, z C O NE : AND S.1 S EAR PL AN' FORM F a >1 i-ii e G'�; A' 3T F"9s �Pi ECT CITY- JVILLAGE: Rlalr t ] LOCATION DESCRIPTION: Paving of 3rd Street from Grant Street to Sberidan nrivr- EXISTING SURFACE TYPE AND STRUCTURES_ (such as dirt, gravel, asahalt, concrete, culvert, or bridge) Rock -RAGE DAILY TRAFFIC -- . CLASSIFICATION TYPE (as shorm on Functional Classification Map) 20 = Local PROPOSED IMPROVEMENT ;IGN STANDARD NUMBER DR2 SURFACING: THICI4NESS 2'-') ' WIDTH GRADING CONCRETE FIRIGHT OF WAY ]AGGRE GATE +� `CURB & GUTTER UTILITYADJUSTMENTS 'ARMOR CGr^yi X ( DRAINAGE STRUCTURES � p FENCh,LG v Sirir�LT LEROSiON =,- r OL I SIi1 uvALKS RIDGE TO REMAIN IN PLACE - - -- ROADWAY WIDTH LENGTH 12W BRIDGE: -- - -- —� ROADAIVAY WIDTH - -- -- LENGTH LOX CUUVERT: SPAIN RISE LENGTH ULVERT: DIAIVIE i cR LEVG T H �___T ..._ ___— __ YES I N;A Bridges and Culverts S zzed Hyciraulic Analysis Pepdn J OTHER CON STRr ACTION FEATURES: Pavi of eAsting r.UaHwav w tt P .-C = I1UGHTING TYPE -- TYPE TYPE --------- --- —__ —. TYPE E STIMATED COST S ?ATE `FE?_RAL E N= hER ` (MI 110L'S;h'DS) i (Afeal Term"' _ f , -�PT#illVAi_ � � LL7V I i PR OJECT lira ec: Lenath = u (State Una: ofMeasure) I S1GNATUPE - Orector cf Oublic Works - --- - - - --- M F 0 TAL a I 200 8 -97 Page RESOLUTION NO. 2005-7 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have reviewed the Federal Aid Routing Map for the City of Blair and have decided that it is prudent to update the Federal Aid Map. WHEREAS, in an effort to update the Federal Aid Routing Map for the City of Blair it is necessary that changes to Federal Aid Routing Map be made in order to provide better transportation throughout the City of Blair and to further public safety. NOW THEREFORE, BE IT RESOULVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the following changes to the Federal Aid Routing Map for the City of Blair, add Jackson Street from 10 Street to Blaine Street, Blaine Street from Jackson Street to Marina Drive, Marina Drive from Blaine Street to Highway 30, and College Drive from 23r Street to 28 Avenue and 28` Avenue from College Drive to North Corporate Limits of the City of Blair. GOGNCILMEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, FANOELE, MCMANIGAL, SHOTWELL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 8 TH DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA B kL - JAA4S E REALPH, MAYOR ATT T: s / BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY BRENDA 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 forgoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 8' day of February 2005. BRENDA WHEELER, CITY CLERK RESOLUTION NO. 2005 - 8 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 19 -2417 et. Seq. of the Revised Statutes of Nebraska provides that: (1) "The mayor and council of any city of the first class or second class or the board of trustees of any village shall have the power to construct, replace, and repair or otherwise improve sidewalks within such city or village. Whenever the mayor and council of a city or board of trustees of a village shall by resolution passed by a three - fourths vote of all members of such council or board of trustees determine the necessity for sidewalk improvements, the mayor and council or board of trustees shall by ordinance create a sidewalk district, and shall cause such improvements to be made, and shall contract therefore ". WHEREAS, the City of Blair, Nebraska, recognizes that construction and repair of sidewalks for the benefit of the City of Blair, Nebraska is necessary in the immediate future and that the City has retained a professional engineering firm to conduct a written study of the condition of sidewalks in the City of Blair, Nebraska and said study has been completed and said study reveals that there is a significant need for the repair and construction of sidewalks for the benefit of the City of Blair, Nebraska, in order to promote public safety for the citizens of this municipality. WHEREAS, the sidewalk study as prepared by Kirkham Michael Consulting Engineers has identified several priorities including sidewalk replacement to City standards, construction of new sidewalks where gaps exist, construction of new sidewalks for access to areas of public use, and construction of sidewalks in areas where no sidewalks exist. WHEREAS, the sidewalk study has projected the repair of existing sidewalks and the installation of new sidewalks at over 2.5 million dollars. 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 and declare that after receiving public input and after commissioning an independent study by a qualified professional engineering firm to investigate the condition of and need for sidewalks in the City of Blair, Nebraska it is deemed that a necessity exists to create one or more sidewalk districts within the City of Blair, Nebraska, to undertake the repair of existing sidewalks and for the construction and maintenance of new sidewalks for the benefit of the municipality. SECTION 2. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Mayor and City Council as the governing body for the City of Blair, Nebraska, shall hereby proceed to create one or more sidewalk districts within the City of Blair, Nebraska and shall cause such sidewalk improvement to be made for the benefit of the City of Blair, Nebraska, and shall contract with the qualified entities to construct and repair the sidewalks to be contained therein. SECTION 3. BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the repair of sidewalks and the installation of new sidewalks shall be assessed totally to the adjoining properties through the creation of districts unless sales tax proceeds and /or grant funds should be available to pay 50 to 75 percent of the cost. SECTION 4. BE IT FUTHER RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the Mayor and Council intends to proceed immediately to prioritize the following study recommendations at a cost of $500,000 to $600,000: Sidewalk replacement to City Standards, Construction of new sidewalks where gaps exist, and Construction of new sidewalks for access to areas of public use. COUNCILMEMBERWOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER STEWART. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA JA E E. REALPH, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA 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 8th day of February, 2005. BRE14DA WHEELER, CITY CLERK RESOLUTION NO. 2005 - 9 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 77 -27, 142 (1) of the Revised Statutes of Nebraska provides that: (1) "Any incorporated municipality by ordinance of its governing body is hereby by authorized to impose a sales and use tax of one -half percent, one percent or one and one -half percent of the same transactions within such incorporated municipality on which the State of Nebraska is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time. No sales and use tax shall be imposed pursuant to this Section until an election has been held and a majority of the qualified electors have approved such tax pursuant to Section 77- 27,142.01 and 77- 27,142.02 ". WHEREAS, the City of Blair, Nebraska, recognizes that various improvement projects including construction and repair of streets, street maintenance including equipment, public safety equipment, storm sewers and utility infrastructure, construction of sidewalks, repair of sidewalks including maintenance public facilities, economic development, debt service and property tax relief, and the maintenance costs associated therewith for the benefit of the City of Blair, Nebraska will be necessary over a minimum of one hundred and twenty (120) months; and furthermore, that various such projects have already been identified by the Municipality. 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 and one -half percent (1.5 %) city sales and use tax to the qualified electors of the City of Blair, Nebraska, at the May 10, 2005 Special 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 and one -half percent (1.5 %) upon the same transactions within the City of Blair on which the State of Nebraska is authorized to impose a tax subject to the following terms and conditions: (1) That the term of the one percent (1.5 %) City sales and use tax shall be limited to a period of one hundred and twenty (120) months; (2) That proceeds from the one and one -half percent (1.5 %) City sales and use tax are to be used for the purpose of funding construction and repair of r streets, street maintenance including equipment, public safety equipment, including but not limited to fire equipment, storm sewers and utility infrastructure, construction of sidewalks, repair of sidewalks including maintenance, public facilities, economic development, debt service and property tax relief, and the maintenance costs associated therewith for the benefit of the City of Blair, Nebraska. (3) That the priority of the specific projects to be funded and the amount of such funding from the proceeds of the one and one -half percent (1.5 %) City sales and use tax shall be determined by the Mayor and City Council, after having requested input from the public pertaining to the priority and funding of such specific projects; and (4) That if a majority of the votes cast upon such one and one -half percent (1.5 %) City sales and use tax question shall be in favor of such one and one -half percent (1.5 %) City sales and use tax, then the Mayor and the City Council of the City of Blair, Nebraska, shall be empowered to forthwith proceed to impose such one and one -half percent (1.5 %) City sales and use tax pursuant to the Local Option Revenue Act ". COUNCILMEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA JA E. REALPH, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) vim/ / r STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA 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 8th day of February, 2005. BRENDA WHEELER, CITY CLERK RESOLUTION NO. 2005 - 10 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Area Young Men's Christian Association ( "YMCA ") has been prepared and presented to the City Council providing for the terms and provisions for operation of the Blair Swimming Pool for the 2005 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF, MCMANIGAL AND BIFFAR VOTING "AYE ", AND COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA BY ,,� _......_. J S REALPH, MAJOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 22nd day of February, 2005 BRE A R. WHEELER, CITY CLERK AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of February, 2005, 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 ". WITNESSETH: 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 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 28, 2005, and ending August 14,2005; provided, however, that Operator shall operate the Pool from and after August 14, 2005, 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 IV. DUTIES AND OBLIGATIONS OF OPERATOR AND CITY A. Utilities. The City shall be responsible for all electrical, water, and sewage charges applicable to the Pool during the term of this Agreement including all utility charges incurred by the City in the process of providing the pool start up and close down operations. B. Chemicals and Other Supplies. The 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 $6,500.00; 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 shall be the responsibility of the Operator. Operator shall comply with all laws, ordinances, rules, and regulations regarding training, licensing, and certification of pool staff, including lifeguards, managerial personnel, and pool operators. Operator shall be solely responsible for payment of all taxes, workers compensation, or other expenses of employment. F. Concessions. The Operator may provide concessions to the sw immin g 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 28, 2005, in preparation for a May 28, 2005 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 therefore. 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 28,2005, 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. In the event of inclement weather, Operator may, at its option, use the YMCA indoor pool for swimming lessons and swim team practice or functions on a temporary basis; provided however, such temporary usage of the YMCA pool shall be at no additional cost or expense to the City. 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 thereofby 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 2005 season are as follows: Youth Membership Adult Membership Family Membership Youth Daily Adult Daily (18 and older) Swim Team Swimming Lessons per Session Baby Pool Pool Party - 1 hour Pool Party - 2 hour $28.00 $44.00 $81.00 $ 2.00 $ 3.00 $40.00 $30.00 Free Admittance $ 5 5.00 $90.00 All fees and charges shall be consistently applied and no special or reduced fees shall be offered to any group or individual. ARTICLE VIII. - POOL IMPROVEMENT AND MAINTENANCE ITEM EXCEEDING $250.00 Nothing in this Agreement shall require or obligate the City to provide any repair, maintenance; or improvement to the Pool except as specifically defined herein. The City may individually evaluate any repairs and determine whether it will accept financial responsibility for such repair, maintenance, or improvement. In the event both parties decline to make repairs essential to the proper and lawful operation of the pool, this Agreement will terminate 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 anyone 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 reorganization 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 oflaw. 2. rfthe Operator shall abandon and discontinue the conduct of the Pool operation. 3. If the Operator s.hall 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. rf the Operator shall fail to abide by all applicable laws, ordinances, rules, and regulations of the United States, State of Nebraska, Washington County, or the City of Blair. 5. Provided that, upon the happening of any of the contingencies recited in subparagraphs 2,3, and 4 above, the City shall give written notice to the Operator to correct or cure same and if, within seven (7) days from the date of such notice, the default to perform or breach complained of shall not have been corrected in a manner satisfactory to the City, then the City shall have the right to terminate this Agreement, without further notice, to enter upon and take full possession of the premises and facilities and to operate or close the Pool. Upon such happening, this Agreement shall automatically be deemed to have been. irrevocably breached by the Operator and shall terminate. 6. In the event this contract is terminated prior to August 14, 2005, the Operator shall remit to the City the pro rata 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, 2005. 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 ofthe 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 mayor could arise, either directly or indirectly as a result of any such action. C. Without prejudice to any other remedy which othenvise 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 anyone 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 ofthe Operator, thereafter due hereunder and each and every part of the same shall be and become revenue recoverable by the City, . , . ARTICLE X. - RECORDS AND REPORTS A. Operator shall at all times during the term of this Agreement keep or cause to be kept true and complete books, records, and accounts of all fees, charges, and expenses associated with this Agreement. B. The City shall have the right to conduct audit examinations and to examine the books and records of Operator in connection with the operation of the pool facility and attendant sales and services. C. On or before the 30th day of October, 2005 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 fmes, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the Operator on the premises or in connection with its use of the premises or facilities and the Operator further agrees to pay all expenses in defending against any claims made against the City; provided, however, that the Operator shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents, or employees. The Operator and the City shall give prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. B. The Operator shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with, at minimum, policy limits of$I,OOO,OOO 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. - INDEPEN"TIENT 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. ARTICLE XIII. - ASSIGNMENT The activities and uses to which the pool property may be put and the privifeges, 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: .M:r. Rodney Storm City Administrator 218 South 16th Street _ Blair, Nebraska 68008 and notices to the Operator, if sent by certified or registered mail, postage prepaid, addressed to: Blair. Family YMCA Attn: Nathan Prenzlow 1278 Wilbur Street 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 10cal 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 ofthe 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 tenns 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 XVI. - 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 obligations contained in the valid covenants, conditions, or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers. Dated at Blair, Nebraska, this 22nd day of February, 2005. ATTEST: CITY OF BLAIR, NEBRASKA, A MUNICIP AL CORPORATION, ~t~ BRENDA R. WHEELER, CITY CLERK (SEAL) B~ r if A J S .REALP , MAYO~_ ~ .......... ATTEST: By Secretary RESOLUTION 2005- 11 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska has been presented with a Developer's Agreement between the City of Blair, Nebraska, and Empty Nest Development, LLC to develop the subdivision of Skyline Ridge (lots 1 through 17 inclusive & Outlot!) being platted of that part of Tax Lots 110, 175, 176 and 221 in the Northwest Quarter, Northwest Quarter and the Southwest Quarter, Northwest Quarter of Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, and known as "Skyline Ridge Subdivision". WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein, which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska, and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized and directed to execute said Developer's Agreement on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, BIFFAR AND ABBOTT. VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY, THE MA YOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA .~~ \ ~~ S E. REALPH, MAYOR ATTEST: ~Ef&~CLERK ., '-. / t/" J , J ~. r ~ / - / STATE OF NEBRASKA ....... ,/ ....... ,. ......-;~ , -': - - =-W ASHINGTON-COUNTY .,-. ":' ~ - :- " ) ) :ss: ) (SEAL) 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 22nd day of February, 2005. kL~ BRENDA R. WHEELER, CITY CLERK DEVELOPER AGREEMENT THIS AGREEMENT made this 22nd day of February, 2005, by and between the City of Blair, Nebraska, hereinafter referred to as "City", and Empty Nest Development, LLC, and Harriet Waite and David Waite individually, hereinafter referred to as "Developer". WHEREAS, Developer has submitted a final plat for the subdivision legally described as: SKYLINE RIDGE (Lots 1 through 17 inclusive & Outlot 1) being a platted of that part of Tax Lots 110, 175, 176, and 221 in the Northwest Quarter, Northwest Quarter, and the Southwest Quarter, Northwest Quarter of Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, more particularly described as follows: Beginning at the Southeast Corn.er of said Southwest Quarter, Northwest Quarter; Thence along the South line of said Southwest Quarter, Northwest Quarter, North 89042'27" West for 354.45 feet; Thence North 13052'03" West for 1225.87 feet; Thence North 00025'45" East for 240.22 feet; Thence South 89 031 '46" East for 293.02 feet to the Easterly Right of Way of Skyline Drive; Thence North 070 50'47" West for 24.80 feet along said Easterly Right of Way; Thence North 73028'42" East for 161.49 feet; Thence South 89001'43" East for 182.43 feet to the West Right of Way of Twenty Fifth Street; Thence South 00030'46" West along said Right of Way for 217.55 feet; Thence South 89038'50" East for 33.00 feet; Thence South 00030'46" West for 1279.45 feet to the point of Beginning. (See attached Exhibit A which is fully incorporated herein by reference.) WHEREAS, Developer requests that City form improvement or extension districts for street, water and sewer services to the subdivision and Developer is willing to participate in and fund a portion of the cost of said improvements without the same being assessed against the real estate within the subdivision; and, 1 -. , ' fund a portion of the cost of said improvements without the same being assessed against the real estate within the subdivision; and, WHEREAS, Washington County Bank, Blair, Nebraska ("Lending Institution") may ~ have or claim an interest in said real estate and agree their interest shall be junior and inferior to City's assessments against said real estate for the construction of said improvements. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Developer shall file with City its Petition for creation of said improvement districts. Pursuant to the applicable terms, conditions or prohibitions of the statutes of the State of Nebraska, City will create street, water and sewer improvement districts for the construction of said improvements within the Skyline Ridge Subdivision according to the terms of this Agreement. 2. All improvements and construction under said district shall be made pursuant to the specifications of City. All contracts for such improvements shall be entered into by City and according to the terms and conditions approved by City. 3. Developer hereby agrees to pay twenty percent (20%) of all construction costs attributed to such districts that benefit hislher subdivision. City shall not be required to execute contracts for the construction of said improvements until Developer has posted with the City a security bond guaranteeing payment of said twenty percent (20%) upon completion of the contracts and payment by City to the contractors, or, Developer has deposited a cash sum with City equal to twenty percent (20%) ofthe total contract prices. 2 . ' 4. It is specifically agreed between the parties, Developer shall be responsible for and pay upon completion of construction under the contracts, a sum equal to twenty percent (20%) of the actual construction cost. Actual construction cost includes the cost of engineering services, geotechnical services and the total. contract price for all improvements including any change orders approved by the City from time to time. In the event any change orders are submitted to. City for approval, Developer will be notified in Wliting by City of the time, date and place of the meeting to consider such change order to the construction contract(s). In the event said surety bond or cash deposit exceeds said twenty percent (20%) of actual construction costs, City shall remit the balance to Developer. In the event the surety bond or cash deposit is less than twenty percent (20%) of the actual construction costs, Developer shall within fifteen (15) days following notification by City of such deficiency remit same to City. The remaining eighty percent (80%) of the actual construction cost shall be paid by City to the contractors and ass~ssed as set forth below. 5. City shall specially assess the special assessment portion of the actual construction cost, after credit for said twenty percent (20%) amount paid by Developer, against the property owned by developer and specially benefitted based upon an allocation of special benefits from the improvements completed by the projects engineer and approved by the City and the Developer. All specially assessed costs to be paid by the Developer shall be assessed on a per 10t basis equally divided based on the number of lots contained in the approved final plat. The City shall levy such special assessments within one hundred and twenty (120) days from the date that engineer certifies the completion of the improvements being installed under the improvement districts. The procedure for levying the special assessments shall be that set forth in the City of 3 > . Blair Municipal Code and the laws ofthe State of Nebraska. The term "actual construction cost" shall include the engineering cost that relate to the improvement along with other costs associated with such construction. 6. It is further agreed by all parties, including the Developer and any other persons, including but not limited to the Lending Institution who may have or claim an interest in or have an encumbrance or lien upon the above-described real estate, that said special assessments shall be a first lien on the real estate for all improvements made under such improvement districts, subject only to general real estate taxes levied and assessed against said premises and that all other interests, encumbrances or liens on said real estate or any part thereof, of any parties to this Agreement shall be junior and inferior to the special assessments of the City against said real estate. 7. City's participation in this Agreement and all of its responsibilities and obligations hereunder shall be subject to any and all provisions imposed on City by the statutes of the State of Nebraska and the Municipal Code of the City of Blair. 8. Developer hereby agrees that it will timely pay all installments due for the special assessments made agairist the above-described real estate and that it will not allow any installments due under said special assessments to become delinquent. 9. The City as of the date of this Agreement has approved the final plat of Skyline Ridge Subdivision consisting of 17 lots and 1 Outlot, a proposed public street and other improvements. Pursuant to the terms of this Agreement, City shall cause separate improvement districts to be created for the installation of the public improvements described herein for Skyline Ridge 4 ..... . r!. .. Subdivision. The process for designing, bid process and construction of the improvements shall commence within a reasonable period of time after execution of this Agreement. 10. The Developer agrees to convey to City all right, title and interest it may have in the proposed Skyline Drive, said road to remain a public street. 11. This Agreement shall be binding upon and inure to the benefit of the Developer, City, Lending Institution and each of their respective successors, representatives and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. ATTEST: /-j .-'. J' 17/: . .,~. . t. ,I " By: ./7?(-!lf.A teVv. P\,... Brenda Wheeler, City Clerk DA VID WAITE, Authorized Representative of Empty Nest, L.L.C. ,frAU.' .'.() /) !) '~. By: .0'~j,1{/ I~J~/ (f. /JU(}t;[A.JL DAVID WAITE fL 'i2 ;1 / ) '---,--=- By: /~y \{1{!U1;' // t,.{)(1/L&- Yersonally and Individually CITY OF BLAIR ~-;-- ~ J n.es)Realph, Mayor City of Blair HARRIET WAITE, Authorized Representative of Empty Nest, L.L.c. BY:~OvLlli{ Q u1k / / HARRIET W AlTE ~ ~. \ C-.".", '- 1--.'. '; ,,' .;/ By: . ~~.;\AA~ l ()~ J~dG Persorially and Individually J WASHINGTON COUNTY BANK By ){~~ Authorized R presentatIve 5 RESOLUTION 2005- 12 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the north side of Nebraska Street between 24th Street and Hansen Drive in the City of Blair, and that the Street Department of the City of Blair is hereby authorized and directed to place signs reflecting no parking area as established hereby at necessary intervals along said restricted parking areas. 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. COUNCIL MEMBER F ANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL, FANOELE, ABBOTT, WOLFF, SCHEVE AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", COUNCIL MEMBER MCMANIGAL ABSTAINED. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA B~'- (~ S E. REALPH, MAYOR ATTEST: ~~~ BRENDA WHEELER, CITY CLERK - : -,,~ -, -.. .:' (SEAL)~, -= ~ "'- /1 - ,/. j I STaTE OF NEB,RASKA ... -- ~ - - ,,- W ASHINGT0N"'COUNTY /, -- ~-. - ~ rr.-";:: ~ _ ~ 1";... ~ _ '; ...... ,-.. r...., ..-=--- . '="c -::- '': -~- ~_---- ) ) :ss: 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 the regular meeting of the Mayor and City Council of said City held on the 22nd of February 2005. ~~ BRENDA R. WHEELER, CITY CLERK I ? . RESOLUTION 2005 - 13 COUNCIL MEMBER F ANOELE 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 Muncipality's jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that stop sign shall be placed on the west side of the intersection of 25th Street and Skyline Drive for the purpose of stopping eastbound traffic from Skyline Drive onto 25th Street in the City of Blair, and that the Street Department of the City of Blair is hereby authorized and directed to place said stop sign as established hereby. 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 such stop sign. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBER STEWART, SCHEVE, SHOTWELL, F ANOELE, ABBOTT, MCMANIGAL, WOLFF AND BIFF AR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA B~ C fL ~ J . E E. REALPH, IVrA OR r .. ATTEST: ;'~<~ '-. BRENDA~WHEEUER, CITY CLERK - " I '!' r ~ (SEAL) r " r , ".. STATEOFNpB]USKA ) r ,_ ) ~ :ss: WASIUNGTON COUNTY ) 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 the regular meeting of the Mayor and City Council of said City held on the 22nd of February 2005. ~~ BRENDA R. WHEELER, CITY CLERK RESOLUTION 2005- 14 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking is prohibited on the north side of Jackson Street between 11th Street and lih Street on school days and during the hours of7-9 AM and 3-4 PM in the City of Blair, and that the Street Department of the City of Blair is hereby authorized and directed to place signs reflecting no parking area as established hereby at necessary intervals along said restricted parking areas. 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. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER F ANOELE. UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART, SHOTWELL, ABBOTT, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF FEBRUARY, 2005. CITY OF BLAIR, NEBRASKA ~(IZL ~ES E. REALPH, MAYOR ATTEST: "M-~ ,-' BRENDA WHEELER, CITY CLERK / I' / I' /' (SEAL) ". ~ ,.;~ STATE OF NEBRASKA ) ) WASHINGTON COUNTY ) ~ - - , :ss: 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 the regular meeting of the Mayor and City Council of said City held on the 22nd of February 2005.