2015-05RESOLUTION NO. 2015 — 5
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to use the state highway system for a Veteran's
Day Celebration on November 11, 2015 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, 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 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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, WILLIS,
ANDERSEN, WOLFF AND HALL VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 27 DAY OF JANUARY, 2015.
CITY OF BLAIR, NEBRASKA
JAd 1E ,�REALPH, MAYOR
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ATTEST:
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 27th day of January,
2015.