Veteran's Day Parade 2014RESOLUTION NO. 2014 - 4
COUNCIL MEMBER CHRISTIANSEN 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, 2014 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 10
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 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 CHRISTIANSEN MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN,
CHRISTIANSEN, JENSEN AND HALL VOTING "AYE ", AND COUNCIL MEMBERS
NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 25" DAY OF FEBRUARY, 2014.
CITY OF BLAIR, NEBRASKA
S REALPH, MAYOR
ATTEST:
j5u/�4 � & "
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 25th day of February,
2014.
BRENDA WHEELER, City Clerk
S T ATE O F NE BRAS KA
6'01k!�IA91' i WontV It' Fredrickson, ALE- State 1-
NEBRASKA DEPARTMENT OF ROADS
LB 589 /NEB.RFV.STAT. §39 -1359 RESPONSE
Date: May 7, 2014
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) 75 for a special
event scheduled to occur on November 11, 2014.
Section 1: .Notice
The communication you provided meets statutory requirements of LB 589/ §391359 (revised) regarding notice, please
proceed to section 2.
The communication you 12rovided does not comlv with re uirements of LB 589/ 39 -1359 revised
re ardin notice and the identified portion of the state highway system may not be closed as re guested because:
El (a) You have failed to provide 30 days' advance written notice of your special event.
(J (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 Acknowledge ment
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 hi hwa s stem may not
be closed as re nested until a statutori!y compliant acknowled ement 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 ma not be closed as re nested until a statutory
com liant acknowled ement from your overning body is received. Missing from your governing body
acknowledgement is the following:
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, 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.
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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
ST OF - N -EBRASKA
far VOW01 Alont " 11 Fre'drt €` `,d"an, AE,, 0ir ,lor -- Stah En giaeer
NEBRASKA DEPARTMENT OF ROADS
LB 589/NEB.REV.STAT. §39 -1359 RESPONSE
Date: May 7, 2014
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. §391359 (Revised 2011), by utilizing state highway number(s) 30 for a special
event scheduled to occur on November 1 l , 2014.
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 compty with statutory re uirements of L 589/ 39 -1359 revised
regarding notice and the identified portion of the state highway system may not be closed as re nested because:
❑ (a) You have failed to provide 30 days' advance written notice of your special event.
[1 (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
Z Governing Body Acknowledgement has been received and complies with statutory requirements of LB 589/ §391359
(revised); proceed to section 3.
(l Governing Body Acknowledgement has not been received• the identified portion of the state highway system m#A not
be closed as re nested until a statutorily compliant acknowledgement from your governing body is received
El Governing Body Acknowledgement received, but does not comply with statutory requirements of LB 589/ §39 -1359
(revised); the identified portion of the state higi1way highway system ma not be closed as re nested until a statutory
compliant acknowledgement from Your governing body is received. Missing from your governing body
acknowledgement is the following:
[.l (a) specific acceptance of all duties set out in subsection (2) of LB 589/N.R.S. §39 -1359.
El (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
baby.
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Qection 3. Additional Consideration
E] NDORis|nneed of additional information regarding your intended use of the state highway system for your
*vent. Please contact the following individual to discuss: JoBlenEdgington.
Please noto: advance warning and/or detour signing requirements aa 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.
vc
Nebraska Department of Roads
District Right-of-Way Officer
402-595-2534 x209
March 3, 2014
Nebraska Department of Roads
District 2 Headquarters
Attn: Tim Weander, P.E.
4435 South 108 Street
PO Box 45461
Omaha, NE 68145 -0461
RE: Highway Closings for 2014
Dear Tim:
Enclosed are four resolutions for four different Highway 30 closing requests for the City
of Blair for local celebrations planned for 2014. I have listed each resolution and the day
and event covered by the resolution. A certificate of insurance is included for each
request.
• Resolution Number 2014 -2 requesting Highway 30 closing from 19 to 14
Streets for June 7, 2014 for a Gateway to the West celebration parade.
• Resolution Number 2014 -3 requesting Highway 30 closing from 18 to 14
Streets on September 19, 2014 for a homecoming parade.
• Resolution Number 2014 -4 requesting Highway 30 closing from 10 to 16
Streets and Highway 75 from Highway 30 intersection to Grant Street to the south
on November 11, 2014 for a Veterans Day celebration.
• Resolution Number 2014 -5 requesting Highway 30 closing from 19 to 13
Streets on November 20, 2014 for the Sugar Plum festival.
Please send the city confirmation of receipt of these requests. If there are any questions,
please call me at 402 -426 -4191.
Sincerely,
Allen Schoemaker
Director of Public Works
tit-
EOUAL HOUSING
OPPORTUNTY
218 South 16th Street - Blair, Nebraska 68008 - 402 -426 -4191 - Fax 402 - 426 -4195 - E -mail cityofblair @ci.blair.ne.us
- 'Oise of o,"
Allen Schoemaker
To: Weander, Tim
Cc: Edgington, JoEllen
Subject: RE: Permits
Thanl <s Tim we will scan and email them in the future.
a
From: Weander, Tim [ mailto :Tim.Weander @nebraska.gov
Sent: Tuesday, May 06, 2014 7:32 AM
To: Allen Schoemaker
Cc: Edgington, JoEllen
Subject: RE: Permits
Al
JoEllen will be calling you.
You can also scan and email these documents to us.
The city of Omaha emails the documents for all their events.
Timothy W. Weander, P. E.
District 2 Engineer
Nebraska Department of Roads
4425 S. 108th St.
Omaha, Nebraska
(402)- 595 -2534
Confidentiality Notice This e -mail including all attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, disclosure, or distribution is prohibited unless specifically provided under the Nebraska Public Records Act.
If you are not the intended recipient, please contact the sender and destroy all copies of this message.
From: Allen Schoemaker [ mailto:ars @ci.blair.ne.us
Sent: Monday, April 28, 2014 4:43 PM
To: Weander, Tim
Subject: Permits
no
sent in our yearly permit applications to close the Highways in Blair for four different events over the course of the year
back on March 3, 2014. Todate I have not heard anything back from NDOR so I wanted to confirm your office received
our permit applications and we would be receiving our permits shortly. Our first event is scheduled for the first
weekend in June.
Thanks.
Director of Public Works
City of Blair
402 - 426 -4191
ARS@d.blair.ne.us
Allen Schoemaker
To: Edgington, JoEllen'
Subject: RE: 30 Day Notices and Resolutions
Attachments: 20140506094112083.pdf
JoEllen,
Attached are copies of the resolutions requesting highway closure for each of the four events scheduled in Blair,
Nebraska during 2014, cover letter for mailing the resolutions, and copies of the postal documentation including
signature for the registered mail I sent the attached information to your offices in Omaha. The first event is scheduled
for June 7 so we would appreciate receiving the permit as soon as possible for that event to assure the coordinators
we have permission to close the highway. If all of the permits can be issued at this time, would allow us to move
forward with plans for each event.
Going forward Tim has informed me that we can scan and email the resolutions to your office which is what I will be
doing from now on.
If there are any questions, please contact me. Thanks for your help.
Director of Public Works
City of Blair
402-426-4t9l-
ARS@ci.blair.ne.us
From: Edgington, JoEllen [ mailto:Joellen. inton @nebraska.gov
Sent: Tuesday, May 06, 2014 7:59 AM
To: Allen Schoemaker
Subject: 30 Day Notices and Resolutions
Allen,
Tim or I have not received the 30 day notices or resolutions for the City of Blair event road closures. Please scan and
email this information to me, so that it can be reviewed. Also, Tim said the original information was sent registered
mail. If possibly, please scan and email a copy of the return receipt so that we can see who signed and make sure they
know who to give this type of correspondence to in our office. If you have any questions please feel free to contact me
at my office.
Thank you,
JoEllen Edgington
NDOR - District Permit Officer
4425 South 108 Street
Omaha, NE 68137
402 - 595 -2534 ext. 209