Gateway to the West Days Parade 2012RESOLUTION 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 l O th 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 5 89/N.R. S §39-1359, 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 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
S 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 10th day of April, 2012.
B NDA WHEELER, City Clerk
16
A coRO CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDNYYY)
1 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
REPRESENTATIVE 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
HOWARD D. THOMPSON AGENCY, INC
1712 WASHINGTON STREET
BLAIR, NE. 68008
CONTACT
NAME:
PHONE 402 -426 -4707 F
A/C No, Ext : A/C No 4 0 2 - . 4 2 6 - 4 7 9
-MAIL
ADDRESS :El
11- 1- 1111
-1-12
EACH OCCURRENCE
INSURER(S) AFFORDING COVERAGE
NAIC#
INSURER A: EMC Insurance Companies
IVIED EXP (Any one Person)
$ 5, 000
INSURED City of Bla
INSURER 13:
GENT AGGREGATE LIMIT APPLIES PER:
X POLICY PRO- JECT 0 LOC
INSURER C:
$ 2 ,0 00 , 00 0
PRODUCTS - COMP /OP AGG
218 S 16th Street
INSURER D:
$
Blair, NE 68008
INSURER E:
INSURER F
OX714 5 6
11-1 - 1111
L;U,VtKAC3tS i. tN I II It NUM13tK: REVISION NUMBER:
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 OTHER 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,
EXGLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
VVVD
-
POLICY NUMBER
POLICY EFF
MM /DDIYYYY
POLICY EXP
MMIDDIYYYY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
OX71456
11- 1- 1111
-1-12
EACH OCCURRENCE
$ 1,000,000
PREMISES Ea occurrence
$ 100"000
IVIED EXP (Any one Person)
$ 5, 000
PERSONAL & ADV INJURY
$ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER:
X POLICY PRO- JECT 0 LOC
GENERAL AGGREGATE
$ 2 ,0 00 , 00 0
PRODUCTS - COMP /OP AGG
$ 2 , 000 , 000
$
A
AUTOMOBILE LIABILITY
X ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS NON -OWNED
AUTOS
OX714 5 6
11-1 - 1111
-1 -12
CO MBINE IN LE LIMIT
( Ea accident)
1 $ r 0 0 0 0 0 0
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
A
X
OMB RE L LA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
0X71456
11-1 1111-7.
-1.2
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4, 000,000
DED I I RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y IN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
y
O X714 5 6
1 1 - 1 -1111 -1- 1 2
X TORY L ATU- OT
ER
E.L. EACH ACCIDENT
$ 5 00,000
E.L. DISEASE - EA EMPLOYEE
S 5 0 0 , 0 0 0
E.L. DISEASE. - POLICY LIMIT
S 5 00,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
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
Kebraska is included.
CERTIFICATE HOLDER C ANCELLATION
State of Nebraska
Nebraska Department of Roads
4435 South 108th St.
Omaha, NE 68145
ACORD25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ITHORIZED REPRESENTATIVE
�p 1988 -2010 A7
The ACORD name and logo are registered marks of ACORD
ORATION All rights reserved.
Chamber of Co r mmerce
Preserving the Past. Building the future.
March 30, 2012
To: Blair City Council
From: The Blair Area Chamber of Commerce
Re: Closing Streets
The dates for this year's Gateway to the West are June 7 -10. The Merriam Carnival will be in
town from Wednesday (set up) -- late Sunday Evening (take down). We would like to continue
to have the carnival located in the location it has been for the past many years.
The Annual Car Show and Craft Show is also being planned around the courthouse again this
year, on Saturday June 9. This would involve closing Colfax Street between 15 and 17 and
16 between South and Colfax from 7:00 a.m. — 2:00 p.m.
Also, in conjunction with Gateway to the West on June 9th, the Blair Area Chamber of
Commerce is requesting that the streets along the suggested parade route be closed as in the past
for the 1:00 p.m. parade. The parade route will remain the same as last year. This route starts at
South School (16 and Butler) and goes up 16 Street to South, over to 15 then to Washington
Street, over to 18 Street, down to South Street, over to 17 then ending at 17 and Butler
Street.
Thank you for your continuing assistance and your consideration of these requests!
Harriet Waite
Executive Director
Blair Area Chamber of Commerce.
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
- 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