2016-03RESOLUTION NO. 2016 - 3
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair intends to hold a community event along Washington
Street (Highway 30) on November 17, 2016 from 4:45 P.M. to 7:15 P.M., starting at 13th Street
to 19th Street, and;
WHEREAS, closure of roadways between 13th to 19th 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 13th Street to 19th 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
§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 ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WILLIS,
WOLFF, ANDERSEN, JENSEN AND HALL VOTING "AYE", AND COUNCIL MEMBERS
NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION
PASSED AND ADOPTED THIS 12TH DAY OF JANUARY, 2016.
CITY OF BLAIR, NEBRASKA
I" 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 12th day of January,
2016.
mise of a
January 22, 2016
Nebraska Department of Roads
District 2 Headquarters
Attn: Tim Weander, P.E.
4435 South 108th Street
PO Box 45461
Omaha, NE 68145-0461
RE: Highway Closings for 2015
Dear Tim:
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Enclosed are three resolutions for three different Highway 30 closing requests for the
City of Blair for local celebrations planned for 2016. I have listed each resolution and the
day and event covered by the resolution. It is our understanding that a Certificate of
Insurance is no longer required from the city. If this understanding is incorrect, please let
me know and I will obtain a Certificate of Insurance for NDOR for these events.
• Resolution Number 2016-1 requesting Highway 30 closing from 19th to 101
Streets for June 11, 2016 for a Gateway to the West celebration parade.
• Resolution Number 2016-2 requesting Highway 30 closing from 10th to 16'
Streets and Highway 75 from Highway 30 intersection to Grant Street to the south
on November 11, 2016 for a Veterans Day celebration.
• Resolution Number 2016-3 requesting Highway 30 closing from 19th to 13th
Streets on November 17, 2016 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—_
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218 South 16th Street ^ Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 • E-mail cltyofblalr@ci.blair.ne,us ...