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2012-09RESOLUTION NO. 2012 - 9 COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair intends to create a parade route for the Blair High School annual Homecoming Parade on October 5, 2012 from 2:00 P.M. to 3:00 P.M., 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, and WHEREAS, the City of Blair intends to create a parade route for the annual Gateway to the West Day Parade on June 9, 2012 from 1:00 P.M. to 3:00 P.M., starting at South School (16 and Butler) north on 16 Street to South Street, east on South Street to 15 Street, north on 15 Street to Washington Street, west on Washington Street to 18 Street, 18 Street south to South Street, east on South Street to 17 Street, 17 Street to Butler, ending at 17 and Butler and WHEREAS, the City of Blair intends to use the state highway system for a Veteran's Day Celebration on November 11, 2012 held at the intersection of Highway 30 and Highway 75 from 10:00 A.M. to 2:00 P.M., by diverting east and west bound traffic off of Washington Street at 10 Street and 14 Street, South to Lincoln Street, Lincoln Street east or west to 10 or 14 Streets, North to Washington Street and diverting north bound traffic on Highway 75 at Grant Street, east to 10 Street or west to 16 Street and then north to Washington Street, 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 US -30 roadway from 10 Street to 18 Street and US -75 roadway from Grant Street to Washington Street are part of the state highway system and are 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 §39 -1359, and; WHEREAS, pursuant to LB 5 89/N.R. S §39-1359, thirty (3 0) 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 Routes and Road Closures 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 Routes and Road Closures 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, STEWART, KEPHART, CHRISTIANSEN, WOLFF, JENSEN AND HALL VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10 DAY OF APRIL, 2012. CITY OF BLAIR, NEBRASKA -"' flr-t� J REALPH, MAYOR ATTEST: G'CJ l� BRENDA WHEELER, CITY CLE (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 10th day of April, 2012. BKINDA WHEELER City Clerk �C � DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/3/2012 THIS CERTIFICATE IS ISSUED AS A MATTER. OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: HOWARD D. THOMPSON AGENCY r INC PHONE 402- .426 -4707 F A4/ c N o : 402426 -4729 PJC No. Ext 1712 WASHINGTON STREET -MAIL ADDRESS :D BLAIR r NE . 6 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A EMC Insurance .Companies INSURED City of Blair INSURER 13: INSURER C 218 S 16th Street INSURER D: Blair, NE 68008 INSURER E: INSURER F: 1r1innrc n11 rnnnmo. RF\ /I .qInN Nl IMRFR- vvvL-iv -.vL.v .... _,.._ .,_.._ —. -. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O THER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE .OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP. MM /DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 0 0 0 o o o. PREMISES Ea occurrence $ '. 0 0 000 COMMERCIAL. GENERAL LIABILITY MED EXP (Anyone person) $ 5 . o o o CLAIMS -MADE � .00CUR PERSONAL & ADV INJURY $ 1 1 000 r 000 A OX71456 11 -1 -17.11 ^1-12 GENERAL AGGREGATE $ 2 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 r 0 0 0 , .0 0 O IN LE LIM acc $ 1 00 0 0 0 0 X I . POLICY I P b LOC AUTOMOBILE LIABILITY Ea dent $ r , BODILY INJURY (Per pe /son) $ ANYAUTO SCHEDULED 0X71456 11- 1- 1111 -1 -12 BODILY INJURY accident) $ A ALL OWNED AUTOS AUTOS NON -OWNED (Per - -- UP PERTY DAMA E $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR 0X71456 11-1-1111-1-12 EACH OCCURRENCE $ 4 t Q o Q, 0 0 0 AGGREGATE $ 4,000,QOO A EXCESS LIAB CLAIMS -MADE DED . I RETENTION $ WORKERS COMPENSATION O WC STAT R TORY LIMITS ER $ AND EMPLOYERS' LIABILITY YIN OX71456 11 1 - 1111 - 1 - 12 E.L. EACH ACCIDENT $ 500 A ANY R /PARTNERIE ECUTIVE NIA E.L. DISEASE -.EA EMPLOYE $ 50.0 , Q00 OFFICER EXCLUDED? OFFIC RMEH) E.L. DISEASE - POLICY LIMIT S 500 0 00 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LUGAI IUN51 Vth1ULt� kA11acn ALAJKU ... - ,o.ja v..I State of Nebraska Department of Roads listed as additional insured on a primary and non - contributory basis. City of Blair agrees to waive its rights of recovery against the State. Waiver of Subrogation in favor of the State of Nebraska is included. CERTIFICATE HOLDER _ CANCELLATION State of Nebraska Nebraska Department of Roads 4435 South 108th St. Omaha, NE 68145 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN_ CELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988 -2010 ACORD25(2010105) The ACORD name and logo are registered marks of ACORD G�ORPORATIO All rights reserved. STATE OFNEBRASKA Dave Heineman Pj-uzi OF Rovt)s Governor Alhmy TV. Verde icksonRE, NEBRASKA DEPARTMENT OF ROADS LB 589/NEB.REV.STAT.§39-1359 RESPONSE Date: June 5, 2012 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.R. S. §39 -1359 (Revised 2011), by utilizing state highway number(s) 30 for a special event scheduled to occur on June 9, 2012. Section 1: Notice The communication you provided meets statutory requirements of LB 589/§39-1359 (revised) regarding notice; please proceed to section 2. F The communication you provided does not comply with statutory requirements of LB 589/439-1359 (revised) regarding notice, and the identified portion of the state highway system may not be closed as requested because: F (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. F (c) The roadway is not located within the official,corporate limits or zoning jurisdiction 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 comp 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 is received. -your g overning body M[issing from your governing body acknowledgement is the lowing: F (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 indemnify, defend,- and hold harmless the state from all claims,, demands, actions, dam ages, an4-liability, including reasonable attorney's f66s,tliat may arise as a result dthe special event. ❑ (c) information ' demonstrating the acknowledgement is the official action of the county/city/village governing body.' DvArlct 2 Headpailers 44225 South 1 Street PO Box 45461 Omaha 1 69145-0461 Phone (40 2) 595-2534 FAX (402) 595-1720 A'I? Etpal TDII ver Section 3. Additional Consideration ❑ NDOR 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 2 STATE S Dave Heine - DEPARTMENTOF o.A Governor Alr)rrtt €l' Fredrickson, P. E, Director — Rotate Engineer NEBRASKA DEPARTMENT OF ROADS LB 589 /NEB.REV.STAT. §39 -1359 RESPONSE Date: June 5, 2012 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.R.S. §39 -1359 (Revised 2011), by utilizing state highway number(s) 30 for a special event scheduled to occur on October 5, 2012. Section 1: Notice ® The communication you provided meets statutory requirements of LB 589/ §39 -1359 (revised) regarding notice; please proceed to section 2. ❑ The communication you provided does not comply with statutory requirements of LB 589/439 -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 jurisdiction 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 inky not be closed as requested until a statutorily compliant aclmowledgement 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 indemnify, 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. District 2 1lca: quarters 4425 South 109thStreet POBox45461 Or iaha NE 0145 -0461 Phoiie (402) ` 1 95 -2534 AX (40211 595 - -1720 '171 EC - r$ a � STATE OF NEBRASKA Dave Heineman DEPARTINJENT OF ROADS ° - Gcrver for I- onay TV fine ri cf son, RE, Director — State Engineer NEBRASKA DEPARTMENT OF ROADS LB 589 /NEB.REV.STAT. §39 -1359 RESPONSE Date: June 5, 2012 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.R.S. §39 -1359 (Revised 2011), by utilizing state highway number(s) 30 and 75 for a special event scheduled to occur on November 11, 2012. Section 1: Notice ® The communication you provided meets statutory requirements of LB 589/ §39 -1359 (revised) regarding notice; please proceed to section 2. ❑ The communication you provided does not comply with statutory requirements of LB 589/439 -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 noticed 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 jurisdiction 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 Bod 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 ma_y not be closed as requested until a statutorily compliant acknowled e� ment 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 indemnify, 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. District 2 Headquarters 4125 `oath 1 09th Street PO Box 45461 Oniiaha NE 68I 4.5-0461 Phone (402);95-2534 FAX ( 5 -1720 1 Fc Exl C pl <«t�tt 77i }:;1f;ir' icrtai 1 ;t'c7n l ° aatj lc } %c