2011-30RESOLUTION NO. 2011 -30
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to create a parade route from the Blair High School
beginning at the intersection of 10 Street and Jackson Street to Park Street, West on Park Street
to 16 Street, South on 16 Street to Washington Street, West on Washington Street (US- 30/75)
to 18 Street, South on 18 Street to Lincoln Street, and back East on Lincoln Street to the
intersection of 16 Street and Lincoln Street for the Blair High School Annual Homecoming
Parade on September 16, 2011 from 2:15 P.M. to 2:45 P.M., and
WHEREAS, closure of roadways along the parade route is necessary to relieve the
through traffic from the area in the City of Blair, Nebraska on or near the parade route, and
provide a safe event for participants and spectators, and;
WHEREAS, the Washington Street (US- 30/75) roadway from 16 Street to 18 Street is
part of the state highway system and is located within the official corporate limits or zoning
jurisdiction of the City of Blair, and;
WHEREAS, the City of Blair, while making use of the state highway system for a special
event, shall have the legal duty to protect the highway property from any damage that may occur
arising out of the special event and the state shall not have any such duty during the time the City
of Blair is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S
§39 -1359, and;
WHEREAS, any existing statutory or common law duty of the state to protect the public
from damage, injury, or death shall become the duty of the City of Blair while making use of the
state highway system for a special event and the state shall not have any such statutory or
common law duty during the time the City of Blair is in control of the property as specified in
the notice provided pursuant to LB 589/N.R.S § 3 9 -13 59, and;
WHEREAS, pursuant to LB 589/N.R.S §39 -1359, thirty (30) days advance written notice
of the special event must be provided which specifies the date and time City of Blair will assume
control of the identified state highway property, as well as the date and time the City of Blair will
relinquish control of such state highway property to the State of Nebraska. In addition, the City
of Blair shall to provide beginning and ending locations for the highway closure including
sufficient area for the placement of advance warning and /or detour signing, and include
sufficient time for the City of Blair to prepare and later clean the property prior to returning
possession back to the State of Nebraska, and;
WHEREAS, LB 589/N.R.S §39 -1359 dictates that if a special event includes any portion
of the State of Nebraska Highway System, the City of Blair shall, if a claim is made against the
State of Nebraska, indemnify, defend, and hold harmless the State of Nebraska from all claims,
demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a
result of the special event; and
NOW, THEREFORE, BE IT RESOLVED that said Parade Route and Road Closure
referred to hereinabove is hereby adopted. That the governing body of the City of Blair
acknowledges and accepts all duties set out in LB 589/N.R.S §39 -1359, subsection (2) and
accepts that the City of Blair shall indemnify, defend, and hold harmless the State of Nebraska
from all claims, demands, actions, damages, and liability including reasonable attorney's fees,
that may arise as a result of the event and such Parade Route and Road Closure is 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, WOLFF, JENSEN, AND HALL VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 23RD DAY OF AUGUST, 2011.
CITY OF BLAIR, NEBRASKA
JJEE3 REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
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 at a
regular meeting of the Mayor and City Council of said City held on the 23rd day of August,
2011.
BRENDA WHEELER, City Clerk
STATE OF NEBRASKA
Dave Heineman DEPARTMENT OF ROADS
Governor Monty W. Fredrickson, P. E., Director -State Engineer
NEBRASKA DEPARTMENT OF ROADS
LB 589 /NEB.REV.STAT. §39 -1359 RESPONSE
Date: August 25, 2011
To: City of Blair
The Nebraska. Department of Roads has received communication indicating your intent to exercise rights provided to
villages /cities /counties under LB 589/N.RS. §39 -1359 (Revised 2011), by utilizing state highway number(s) US -30/75 for a
special event scheduled to occur on September 15, 2011.
Section 1: Notice
® The communication you provided meets statutory requirements of LB 5891 §39 -1359 (revised) regarding notice; please
proceed to section 2.
❑ The communication you provided does not comply with statutory requirements of LB 5891439 -1359 (revised)
regarding notice, and the identified portion of the state highway system may not be closed as requested because:
❑ (a) You have failed to provide 30 days' advance written notice of your special event.
❑ (b) The requesting entity is not permitted by statute to use the state highway system for a special event, only
counties, cities or villages who specifically comply with statutory requirements may use state highways for
special events.: ;
❑ (c) The: roadway is not located within the official corporate limits or zoning juri sdiction of the county, city or
village-issuing notice; consult the jurisdictional county, city or village governing authority to request notice
be issued consistent with the statute.
Section 2. Governing Body Acknowledgement
® Governing Body Acknowledgement has been received and complies with statutory requirements of LB 589/ §39 -1359
(revised); proceed to section 3.
❑ Governing Body Acknowledgement has not been received, the identified portion of the state highway system may not
be closed as requested until a statutorily compliant acknowledgement from your governing body is received
❑ Governing Body Acknowledgement received, but does not comply with statutory requirements of LB 589/ §39 -1359
(revised); the identified portion of the state highway system may not be closed as requested until a statutorily
compliant acknowledgement from your governing body is received. Missing from your governing body
acknowledgement is the following:
❑ (a) specific acceptance of all duties set out in subsection (2) of LB 589/N.R.S. §39 -1359.
❑ (b) specific acknowledgement that if a claim is.made against the state it shall indemnift, defend, and hold
harmless the state from all claims, demands, actions, damages, and liability, including reasonable attorney's
fees, that may arise as a result of the special event.
❑ (c) information demonstrating the acknowledgement is the official action of the county /city/village governing
body.
1
District 2 Headquarters 4425 South 108th Street PO Box 45461 Omaha NE 68145 -0461 Phone (402) 595 -2534 FAX(402)595-1720
An Equal Opportunity lAffirmative Action Emplover
Section 3. Additional Consideration
❑ INDOR is in need of additional information regarding your intended use of the state highway system for your
event. Please contact the following individual to discuss: JoEllen Edgington.
Please note: advance warning and /or detour signing requirements as governed by the Manual on Uniform
Traffic Control Devices ( MUTCD) will apply to and arise out of your special event; if you decide to hold your
special event, the duties and responsibilities for obtaining signs and meeting MUTCD requirements are
solely yours. NDOR expects and understands you will utilize sufficient portions of the state highway as are
necessary to provide advance warning and detour signing for your event consistent with the MUTCD.
Thank you for your assistance with this process. If you have questions, please contact me.
Sincerely,
JoEllen Edgington
Nebraska Department of Roads
District Right -of -Way Officer
402 -595- 2534 x209
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RESOLUTION NO. 2011- 26
COUNCIL MEMBER CHRISTIANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to create a parade route from the Blair High School
at 10 and Jackson to Park Street West to 16 Street, South on 16 Street to Washington, West
on Washington (US- 30/75) to 18 Street, South Lincoln and back East to the intersection of 16
and Lincoln for Blair High School annual Homecoming Parade on September 16, 2011 from
2:15 P.M. to 2:45 P.M., and
WHEREAS, closure of roadways along the parade route is necessary to relieve the
through traffic from the area in the City of Blair, Nebraska on or near the parade route, and
provide a safe event for participants and spectators;
WHEREAS, the Nebraska Department of Roads, pursuant to LB 589, dictates that if a
parade route includes any portion of the State of Nebraska Highway System, the City of Blair is
required to indemnify, defend, and hold harmless the State of Nebraska from all claims,
demands, actions, damages, and liability including reasonable attorney's fees, that may arise as a
result of the event; and thirty (30) days advance written notice of the special event must be
provided which specifies the date and time City of Blair will assume control of the identified
state highway property as well as the date and time the City of Blair will relinquish control of
such property of the State of Nebraska. In addition, the City of Blair is required to provide
beginning and ending locations for the highway closure including sufficient area for the
placement of advance warning and /or detour signing, and include sufficient time for the City of
Blair to prepare and later clean the property prior to returning possession back to the State of
Nebraska.
NOW, THEREFORE, BE IT RESOLVED that said Parade Route and Road Closure
referred to hereinabove is hereby adopted with all requirements of LB 589 to be met as stated
above. That the governing body of the City of Blair acknowledges and accepts all duties set out
in LB 589, subsection (2) and accepts that the City of Blair is required to indemnify, defend, and
hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability
including reasonable attorney's fees, that may arise as a result of the event and such Parade
Route and Road Closure is 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, RYAN, KEPHART,
CHRISTIANSEN, WOLFF, JENSEN AND HALL VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF JULY, 2011.
CITY OF BLAIR, NEBRASKA
w�
(62; REALPH, MAYOR
ATTEST:
A 'A b�juj'r"- -
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
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 at a
regular meeting of the Mayor and City Council of said City held on the 26th day of July, 2011.
z a,4-11V Z"
BRENDA WHEELER, CITY CLERK
phis �Zesolu+co� �e�lctced � Zoe I -Z�,
RESOLUTION NO. 2011- 21
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to create a parade route from the Blair High School
at 10 and Jackson to Park Street West to 16 Street, South on 16 Street to Washington, West
on Washington to 18 Street, South Lincoln and back East to the intersection of 16 and Lincoln
for Blair High School annual Homecoming Parade on September 15, 2011 from 2:15 P.M. to
2:45 P.M., and
WHEREAS, closure of roadways along the parade route from 2:15 P.M. to 2:45 P.M. is
necessary to relieve the through traffic from the area in the City of Blair, Nebraska on or near the
parade route, and provide a safe event for participants and spectators;
WHEREAS, the Nebraska Department of Roads, pursuant to LB 589, dictates that if a
parade route includes any portion of the State of Nebraska Highway System, the City of Blair is
required to indemnify, defend, and hold harmless the State of Nebraska from all claims,
demands, actions, damages, and liability including reasonable attorney's fees, that may arise as a
result of the event; and thirty (30) days advance written notice of the special event must be
provided which specifies the date and time City of Blair will assume control of the identified
state highway property as well as the date and time the City of Blair will relinquish control of
such property of the State of Nebraska. In addition, the City of Blair is required to provide
beginning and ending locations for the highway closure including sufficient area for the
placement of advance warning and /or detour signing, and include sufficient time for the City of
Blair to prepare and later clean the property prior to returning possession back to the State of
Nebraska.
NOW, THEREFORE, BE IT RESOLVED that said Parade Route and Road Closure
referred to hereinabove is hereby adopted with all requirements of LB 589 to be met as stated
above and such Parade Route and Road Closure is 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HALL. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, WOLFF AND HALL VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 28TH DAY OF JUNE, 2011.
CITY OF BLAIR, NEBRASKA
J ES REALPH, MAYO
ATTEST:
B RENDA WHEELER, CITY LERK
(SEAL)
STATE OF NEBRASKA )
) ss
COUNTY OF WASHINGTON )
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 at a
regular meeting of the Mayor and City Council of said City held on the 28th day of June, 2011.
& , ",/, , � " /' V,
BRENDA WHEELER, City Clerk