Gateway to the West Days Parade 2015RESOLUTION NO. 2015 - 4
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to create a parade route for the annual Gateway to
the West Day Parade on June 13, 2015 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, 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 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 § 3 9 -13 5 9, 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 WILLIS.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, WILLIS
ANDERSEN, WOLFF AND HALLVOTING "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
JA 48 REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERIC
(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 27th day of January,
2015.
BRENDA WHEELER, CITY CLERK
N `
( � STATE OF
D H e i neman
E TME,N Off" ROADS
mf
Governor PkIonly W. Fredrie4 on, P. F., Direc or°- x�Iate Engine
NEBRASKA DEPARTMENT OF ROADS
LB 589 /NEB.REV.STAT. §39 -1359 RESPONSE
Date: April 15, 2015
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 6, 2015.
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 requirements of LB 589/ §391359 (revised,
regarding notice, and the identified portion of the state hi system may not be closed as requested because:
n (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 may not
be closed as requested until a statutorily compliant acknowledgement from your governing body is received
e] 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
foes, 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.
Di 2 Headquarters 4425 South 108th Street PO Box 415461, Omaha NE' 68145-0461 Phone (4 02) 595-25,34 FAX 0)2'f 595 - 1720
An Equal Oppor oWtY "Icrron Ip"mplovcr
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
0
Allen Schoemaker
From: Edgington, JoEllen [Joellen.Edgington@nebraska.gov]
Sent: Tuesday, June 02, 2015 8:06 AM
To: Allen Schoemaker
Subject: RE: Blair, Nebraska
Al,
I have changed the information for the parade on June 13, 201.5
Thank you,
JoEllen Edgington
NDOR -- District Permit Officer
4425 South 10W" Street
Omaha, NE 5;:137
402-595-2534 ext. 209
From: Allen Schoemaker [m—aflto_aLsPci —.blair. tie.. Lis]
Sent: Friday, May 29, 2015 4:37 PM
To: Edgington, JoEllen
Subject: Blair, Nebraska
JoEllen,
We are still in need of a confirmation that you have changed the permit for our parade on June 13
Director Of Public WOrLS,
Cit of Blair
402,426-4191
AM@ ci.blair.nems
Allen Schoemaker
To: Edgington, JoEllen
Subject: Blair, Nebraska
JoEllen,
I just received your approval for closing the highway in Blair for the local celebration parade but I noticed that I had given you the wrong date. The date I had in
my letter was June 6 I but the actual date as shown on the resolution is June 13` How do you want me to correct this error? Do I need to send in another letter
making the request or can this email exchange suffice?
Director of Public Works
City of Blair
402 - 426.4191
A R`(A'LI)b ir.lie. us