Sugar Plum Festival 2013t �
August 30, 2013
Nebraska Department of Roads
District 2 Headquarters
Attn: JoEllen Edgington
4435 South 108 Street
PO Box 45461
Omaha, NE 68145 -0461
RE: Highway Closing Request
Dear Ms. Edgington:
Enclosed is resolution number 2013 -29 requesting Highway closing for November 21,
2013 from 5:00 pm to 7:00 pm for a local Sugar Plum Festival. Specifically the City of
Blair would like to request closing Highway 30/75 from 13 Street intersection to the 19
Street intersection on September 20, 2013 from 5:00 pm to 7:00 pm.
If there are any questions, please call me at 402 - 426 -4191.
Sincerely,
Allen Schoemaker
Director of Public Works
OPPORTUNITY
218 South 16th Street : Blair, Nebraska 68008 - 402 -426 -4191 - Fax 402 -426 -4195 - E -mail cityofblair @cLblair,ne,us
Fri,30 Aug 2013 15:20:01
_'rise 01 0`'
RESOLUTION NO. 2013- 29
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to hold a community event along Washington
Street (Highway 30) on November 21, 2013 from 5:00 P.M. to 7:00 P.M. starting at 13 Street
to 19 Street, and
WHEREAS, closure of roadways between 13 to 19 Street is necessary to relieve the
through traffic from the area in the City of Blair, Nebraska on or near this community event
known as "Sugarplum Walk ", and provide a safe event for participants and spectators, and;
WHEREAS, the US -30 roadway from 13 Street to 19 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 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 Community Event known as the
Sugarplum Walk 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
ApproveJ 2 /27/L3
kt it Area
o 0 � Chaa of Corrunerce
Prescrving t }use Past. Building tlto hits re,
August 16, 2013
To: Blair City Council
From: Blair Area Chamber of Commerce
Re: Street Closing for Sugarplum Walk
Each year the Sugarplum Walk seems to get bigger and bigger. The number of families that come out for
the event keeps growing, as families are excited about this event.
Many merchants and citizens have asked if there would be a possibility of closing Washington Street
from 15t —18t Street from 5 -7 p.m. for this event. There a so many children running around, and many
trying to cross the street to get to where they want to go.
We have been lucky in the past to not have any incidents, but with almost 700 children participating last
year, plus their parents, and many time grandparents, it has become evident that we might need to
make a few changes.
Please let us know if closing Highway 30 on November 21St from 5 -7 p.m. would be a possibility for the
2013 Sugarplum Walk.
Thank you for your consideration!
Harriet Waite
Executive Director
Blair Area Chamber of Commerce
k-)I-i BKASKA
"'Ive H ROADS
I
NEBRASKA DEPARTMENT OF ROADS
LB 589NEB.REV.STAT.§39-1359 RESPONSE
Date: November 18, 2013
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 201 by utilizing state highway number(s) 30 for a special
event scheduled to occur on November 21, 2013.
Section 1: Notice
Z 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 rtguirements of LB 5891§39-1359,frevi
regarding notice, and the identified portion of the state highway system may not be closed as re nested because:
R (a) You have failed to provide 3 )0 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 Acknowleftement
Governing Body Acknowledgement has been received and complies with statutory requirements of LB 589/§391359
(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 rouested until a statutorily compliant,acknowledgement from your govenling, body is received
El Governing Body Acknowledgement received, but does not comely with statutory requirements of LB 589/§39-1359
(revised); the identified portion of the state highwg_y system may not be closed as re quested until a statutorily
compliant acknowledgement. from, your overnin , body is received. Missing from your governing body
acknowledgement is the following:
d=
E] (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.
El (c) information demonstrating the acknowledgement is the official action of the county/city/village governing
body.
4
)1 2" d u-, i t, it - r.- (""""'t h occ- x -15 s,i1 ri;.I a "r 6K I , 1, 5 Al P I o 5 -, 2 3 �; -I 1[ - 2 7
Mon, 1 8 Nov 2013 14:06:03
F 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,
I Ir
JoEllen Edgington
Nebraska Department of Roads
District Right-of-Way Officer
402-595-2534 x209
Mon, 18 Nov 2013 14:06:03