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CITY OF SOUTH SIOUX CITY

COUNCIL AGENDA

June 25th

, 2018 @ 5:00 p.m.

City Hall Council Chambers 1615 1

st Avenue, South Sioux City, Nebraska

1

CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL – Excuse Absence

Council Person Vacancy Recommendation.

Oath of Office for New Council Person.

A current copy of the Open Meetings Act is posted on the north wall in the rear of the Council Chambers and is available for review by all citizens in attendance. A sign-in sheet is available at the entrance to the Council Chambers. We ask your assistance by signing in as this is a Federal Grant requirement. It is strictly voluntary to complete the sign-in sheet.

The City of South Sioux City reserves the right to adjust the order of items on this agenda if necessary and may elect to take action on any of the items listed.

1. CONSENT AGENDA a. MINUTES of COUNCIL MEETING – June 11, 2018.

http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4293 b. STANDING COMMITTEES REPORTS

i. Public Works Minutes - June 18, 2018. http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4294

ii. Finance Minutes – June 20, 2018. http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4295

c. Treasures Report ending 05/31/18. d. PRESENTATION OF CLAIMS #2018-12. This is a detailed list of bills for

the various suppliers to the City for goods and services. Hyperlink

2. PRESENTATION OF PETITIONS AND OTHER COMMUNICATION

a. Election of Council President. b. Congratulations to Gene Maffit for the Nebraska State Forestry Award!

Hyperlink c. Congratulations to Fire Captain Jay Mathis for being awarded the 2018

Friends of Children Award from Nebraska School of Nurse Association! He has been awarded this prestigious award for his part in the “Stop-the-Bleed Program”. Captain Mathis took on this project and obtained the funding to teach the program to area schools and present the schools with the necessary medical kits. South Sioux City School Nurse Judi Neswick will present the award.

d. Thanks to the Volunteers who helped with Grain Elevator Explosion!

http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4293




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e. Engineers’ Report. Hyperlink

33.. INTRODUCTION OF RESOLUTIONS AND ORDINANCES a. ORDINANCE 2018-9 - BACKFLOW PREVENTION. Hyperlink

AN ORDINANCE OF THE CITY OF SOUTH SIOUX CITY, DAKOTA COUNTY, NEBRASKA, AMENDING DIVISION 3, SECTIONS 114-246, 114-247, AND 114-248 AND ADDING ADDITIONAL SECTIONS OF THE SOUTH SIOUX CITY MUNICIPAL CODE AS IT RELATES TO BACKFLOW PREVENTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

b. Resolution 2018-68 – Pymt. JEO Consulting Group; $1,385.00. 2015 West Side Drainage Improvements. Invoice #103434. Hyperlink

c. Resolution 2018-69 – Pymt. JEO Consulting Group; $7,140.00. Veterans Drive Roadway & Utility Improvements. Invoice #103436. Hyperlink

d. Resolution 2018-70 – Pymt. JEO Consulting Group; $1,479.50. 2nd Avenue Paving Project. Invoice #103438. Hyperlink

e. Resolution 2018-71 – Pymt. JEO Consulting Group; $3,639.00. West 29th Street Design & Construction. Invoice #103435. Hyperlink

f. Resolution 2018-72 – Pymt. JEO Consulting Group; $3,595.00. East 29th Street Roadway Improvements. Invoice #103437. Hyperlink

g. Resolution 2018-73 - Pymt. Olsson Associates; $23,805.00. W. 6th St. CDBG 17 PW-006 project. Invoice #304685. Hyperlink

h. Resolution 2018-74 - Pymt. Olsson Associates; $6,540.00. 9th Street Lift Station Rehabilitation. Invoice #304634. Hyperlink

i. Resolution 2018-75 - Pymt. Olsson Associates; $4,700.00. South Sioux City Water Storage. Invoice #304917. Hyperlink

j. Resolution 2018-76 – Resolution for an application to the Federal Railroad Administration in the amount of $2,750,980.00 and for the mayor to sign for the Quiet Zone.

k. Resolution 2018-77 – Award of Bid for 2016 E. 29th Street Project. Hyperlink

4. MISCELLANEOUS AND OLD BUSINESS

a. Peak Interests LLC. DBA Pizza Hut, 1601 Dakota Ave., South Sioux City, Dakota County, NE 68776 Liquor License #A-086217. New Manager Application – Montana Weber.

b. Bledsoe Feed Request. They want a permit to have some chickens and a donkey and 4 goats. Hyperlink

c. Request for a Handicap Parking Sign at 323 W. 18th Street.


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d. Midwest Right of Way Services - Proposal for right of way services 39th Street Improvement project. Total maximum appraisal review & acquisition cost = $17,140.00. Hyperlink

e. Approve Plans and Specs and Authorization to Advertise for Bids for W. 6th Street CDBG 17-PW-006 Project.

f. New Stage Player Request – Semi Trailer Behind Building for Storage 3201 Dakota Ave.

g. Accept Quote for 913 1st Avenue – Shady Elms Project. Low quote was

from Mark Albenesius Inc. in the amount of $5,899.00. Comes Favorably

from Finance Committee. Hyperlink h. Tower Alliance Lease. Hyperlink i. Church League Softball Agreement. They have turned in their proof of

insurance. Hyperlink j. May 2018 Fire Department Summary Report. Hyperlink k. Elevator Response Update.

5. COMMENTS BY CITY ADMINISTRATOR AND COUNCIL MEMBERS

CONCERNING CITY DEPARTMENT, ORDINANCES AND STATUTES a. PUBLIC COMMENT PERIOD

i. Every citizen speaking at the meeting shall begin his or her remarks by stating his or her name and postal address.

ii. All citizens’ remarks shall be directed to the Mayor/Chairperson, who shall determine by whom any appropriate response shall be made.

iii. Individuals wishing to address the Mayor/Council are asked to limit their comments to five minutes.

b. Upcoming Events

Council Meetings – July 9 & 23 2018 @ 5:00 p.m., City Hall. Public Works Meetings – July 2 & 16, 2018 @ 5:00 p.m., City Hall. Finance Meetings- June 27, 2018 @ 12:00 p.m. City Hall. CDA Meetings – June 28, 2018 @ 11:00 a.m., City Hall.

Next Regular Council Meeting Monday, July 9, 2018 @ 5:00 p.m. City Hall Council Chambers

6. ADJOURNMENT

Quote of the week When asked, always express enthusiasm for your job, your marriage, and your future.

In 2020, South Sioux City is a vibrant community that provides a tremendous quality of life

for all citizens defined by outstanding educational and employment opportunities. With our

strong commitment to environmental stewardship, we are a recreational, cultural, economic,

and technological hub of the Midwest.


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Claims

CLAIMS ORDER NO 2018-12

06/25/2018-12

24/7 LOCKSMITH SERVICES,LLC KEYS 37.50

A&M LAUNDRY SERVICES MATS 22.83

3E-ELECTRICAL ENGINEERING UNIFORMS-MATS 304.48

ACE SIGNS PICK UP BUTTS SIGNS 504.00

ADVANCED SYSTEMS COPIER 172.09

AIRGAS NORTH CENTRAL OXYGEN 113.73

AMERICAN UNDERGROUND SANITARY SEWER-HYMAX CPLUG 527.82

AQUA-CHEM CHEMICAL OUTDOOR POOL 1,074.25

ARAMARK SERVICES APRONS/TOWELS/MATS/MOPS 235.29

ARTIC ICE ICE BAGS 76.50

ARTISAN PRESS JUNE NEWLETTER 1,375.00

AUTO ZONE BULBS/STP DEXON/SENSOR 358.87

BABCOCK LABORTORIES WATER TESTING 995.00

BAIRD HOLM ATTY FEES 2,413.50

BAKER & TAYLOR BOOKS BOOKS/DVDS 220.34

BARNES & NOBLE INC BOOKS/DVDS 571.73

BLACKBURN MANUFACTORING ORANGE LOCATE PAINT 278.43

BOUND TREE MEDICAL,LLC MEDICAL SUPPLIES 827.40

BROWN SUPPLY COMPANY HYMAX GRIP COUPLINGS 5,729.18

CONTINENTAL FIRE SPRINKLER BACKFLOW PREVENTERS 541.80

CORE & MAIN HYDRANT REPAIR KIT 3,546.97

CROP PRODUCTIONS SERVICES MECAMINE/ROUNDUP 810.00

CROSS LAW FIRM ATTY FEES 4,508.30

C W SUTER PHASE MONITOR 458.13

DEPT OF ENERGY DEMAND READS 46,633.38

EAKES OFFICE SOLUTIONS TOWELS/MATS/SCREENS/LINERS/SOAP 1,316.18

ELECTRIC INNOVATIONS INC INSTALL CAMERAS 600.00

FIVE STAR AWARDS PRIDE AWARD 41.50

FLOYD RIVER MATERIALS MASONARY SAND 577.20

FREMONT RV CENETR INC PWR CORD CARDINAL DAYS 139.95

FREMONT TIRE TIRES 831.32

GILL HAULING ROLLOFF-FEES 482.16

LP GILL INC MAY GARBAGE 61,796.00

JUSTIN MEADER UP GRADE-FIRMWARE 412.00

GRACIELA TINAJERO 1/2 COST TREE REMOVAL 237.50

GRANICUS GRANICUS STREAMING 306.94

H20 4 U WATER 87.00

HDR ENGINEERING 29TH ST CHANNEL IMPROVE 847.00

HENRY SCHEIN MEDICAL SUPPLIES 50.19

HOME DEPOT CREDIT SERVICES REPAIR PRODUCTS 1,297.77

IACP NET SERVICE ACCESS 218.75

INTERSTATE BATTERY SYSTEM BATTERIES MESSAGE BRD 1,143.60

IOWA ONE CALL LOCATES 77.70


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J S BROTHERS TREE REMOVAL 2,400.00

JACKS UNIFORM & EQUIPMENT UNIFORMS 6,009.25

KNOEPFLER CHEVROLET WTR 6 & SWR 2 REPAIRS 676.70

LONG LINES LANDLINES 2,689.54

MAIL HOUSE,INC JUNE UTIL BILLS 3,386.90

MARCO INC COPIERS-PHONE LIC 852.15

MATHESON TRI-GAS INC OXYGEN 127.50

MERCY BUSINESS HEALTH SERVICES MAY EAP-HEP B VACCUNE 566.67

METRO ELEC LIFT STAT MOTOR 625.22

MID AMERICAN ENERGY 2121 DAK/204 W 21 29.19

MUNICIPAL SUPPLY INC OF OMAHA FIRE HYDRANTS 16,976.19

NE DEPT HHS OFFICE OF DRINK deb love testing-messerlie train coarse 220.00

NE JOURNAL LEADER AD IN PONCA TALES 94.25

NE PUBLIC HEALTH ENVIRONMENT WATER TESTING 243.00

NE PUBLIC POWER DISTRICT O&M/CAPITAL/READS/CALLS 137,800.61

NE STATEWIDE ARBORETUM TREES/SIGNS 1,163.09

NETSYS INC TROUBLESHOOT TECH 1,111.24

NEWMAN SIGNS DELINEATOR/SPEED 30 386.52

NOVELTY MACHINES TAPERED ROLLER CONE-GASKETS 116.24

OFFICE DEPOT TONER EDDIE 46.18

OMAHA WORLD HERALD SUBSCRIPTION 306.80

ONE OFFICE SOLUTION OFFICE SUPPLIES 867.54

ONE SOURCE BACKGROUND CHECK 37.50

AJ PHILLIPS PUBLISHING INC BUS CARDS GOMEZ-SHIP DES MOINES 131.02

REAMS SPRINKLER SUPPLY SPRINKLER PARTS 221.91

REMBOLT LUDTKE ATTY FEES 2,770.00

ROBERTSON IMPLEMENT MOWER REPAIR-MOTOMIX/OIL 192.54

SAPP BROS PETROLEUM DIESAL/UNLEADED 8,723.33

SIOUX CITY FOUNDRY CO STEEL PLATES 3,450.00

SIOUX CITY TRANSIT BUS SUBSIDY 5,529.92

CITY OF SIOUX CITY #16 & 34 REPAIRS-2009 FORD REPARS 1,940.24

SIOUXLAND CONCRETE CONCRETE 1,143.00

SIOUXLAND DIST HEALTH DEP BACTERIOLOGICAL TESTS 28.00

SO SIOUX CITY ANIMAL HOSP MICROCHIPS 20.00

SOOLAND BOBCAT REPAIRS 1,277.92

SPIRAL COMMUNICATIONS INTERNET 595.00

STANDARD INS COMPANY INS 183.00

TOOL DEPOT MARKER PAINT 11.17

TRANSCHEM SAFE HARBOR 8,016.90

JOSE PEREZ-TUCKER GLASS PIVOT FOR FRAME 260.00

TYLER TECHNOLOGIES,INC JULY 2018-TIME CLOCK EXPORT 1,216.20

UNITYPOINT HEALTH MOREY BACKSCREEN 100.00

UTILITY EQUIPMENT 4X4X4 T'S 97.26

WOODHOUSE HOSE PD 2 111.75

TOTAL 355,550.72


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CHECKS SINCE JUNE 11TH MEETING

212761 COLLECTION SERVICE CENTER WAGE WITHHOLDING 78.92

212762 ICMA RETIREMENT FUND-457 PENSION 6,602.70

212763 ICMA RETIREMENT TRUST-401 PENSION 19,146.69

212764 NE CHILD SUPPORT WAGE WITHHOLDING 1,001.28

212765 LEC CLAIM

*****

212766 CITY OF SSC WAGE ASSIGNMENT 475.00

212767 RANDALL NEAL DEPOSIT REFUND 649.93

212768 A-1 USED CARS DEPOSIT REFUND 505.62

212769 SELVIN CHICAS DEPOSIT REFUND 168.71

212770 JESSICA HOWE DEPOSIT REFUND 110.12

212771 VERONICA SAAVEDRA DEPOSIT REFUND 76.55

212772 KIRSTAN KOETTERS DEPOSIT REFUND 61.09

212773 HANI SHIRE DEPOSIT REFUND 72.78

212774 FRANKIE ALLEN DEPOSIT REFUND 89.94

212775 DAN COLLETTA DEPOSIT REFUND 15.59

212776 MICHAEL REEVES DEPOSIT REFUND 63.60

212777 STEPHANIE DIVIS DEPOSIT REFUND 307.45

212278 NATHAN HELD DEPOSIT REFUND 84.54

212779 MOHAMED OMAR DEPOSIT REFUND 23.98 212781-212887 COUNCIL CLAIMS

*****

212889 BASS ADVERTISING SPONSORSHIP 300.00

212890 KERRY BLIGH DC ANIMAL SERVICES 80.00

212891 CDA ENGRIDA LAND OPTION 5,000.00

212892 DAKOTA CO COURTHOUSE LEC TRUE UP 17,186.70

212893 ELEC INNOVATIONS LEC INTERVIEW ROOM 3,790.00

212894 LANCE HEDQUIST MILAGE AND MEDICARE INS 1,547.54

212895 IEDC MEMBERSHIP RENEWAL 420.00

212896 SUBSURFO,LLC 2016 VETRANS DR 366.75

***** IRS LEC PAYROLL TAXES 5,227.11

***** NE DEPT OF REVENUE LEC PAYROLL TAXES 1,668.25

212897 BLUE CROSS BLUE SHIELD OF NE LEC FAMILY INS 10,661.35

212898 DELTA DENTAL LEC DENTAL 509.30

212899 RESOLUTION

*****

212900 NATIONAL ACCT SYSTEMS MAY 2018 COLLECTIONS 310.37 212901-212902 RESOLUTION

*****

212903-212904 DAKOTA CO STAR ADVERTISING 787.89

212905 DEPT OF HEALTH & HUMAN SERVICES W 6TH ST WATER MAIN IMPROVE 502.38

212906 MID-AMERICAN BENEFITS MAY 2018 FLEX 230.00 212908-212910 LEC CLAIMS

*****

212911 NEXTERA ENERGY MAY 2018 ELEC ENERGY 92,980.38

***** MID-AMERICAN BENEFITS FLEX 1,301.57



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***** MID-AMERICAN BENEFITS MEDICAL-DENTAL-VISION 17,054.35



**** MID-AMERICAN BENEFITS MEDICAL AND DENTAL 91,554.56


**** MAIN CITY PAYROLL 104,641.74

***** LEC CLAIMS PAYROLL 15,390.21

***** BONDS GO FLOOD CONTRL SERIES 2017 INT 6,098.75

212913 LINO MORENO DEPOSIT RETURNED 113.59

TOTAL 454,966.45

TOTAL 810,517.17

End Claims


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Engineers Report


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End Engineers Report


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ORDINANCE 2018-9

ORDINANCE 2018-9 AN ORDINANCE OF THE CITY OF SOUTH SIOUX CITY, DAKOTA COUNTY, NEBRASKA, AMENDING DIVISION 3, SECTIONS 114-246, 114-247, AND 114-248 AND ADDING ADDITIONAL SECTIONS OF THE SOUTH SIOUX CITY MUNICIPAL CODE AS IT RELATES TO BACKFLOW PREVENTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SOUTH

SIOUX CITY, NEBRASKA: SECTION 1. SECTION AMENDED. Sections 114-246, 114-247 and 114-248 of the Code of Ordinances of the City of South Sioux City, Nebraska, are repealed in its entirety and the following adopted in lieu thereof:

Sec. 114-246. – Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening of any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle.

Approved means that a backflow prevention device or method has been accepted by the

Water Foreman as being suitable for the intended use. Atmospheric vacuum breaker means a device that restricts the backflow of water into a

potable water system by a simple check valve. The vacuum is broken by allowing air to enter upstream of the check valve.

Auxiliary water system means any water supply system available to the premises other

than the public water supply system and includes the water supplied by such system. These auxiliary water systems may include water from another owner's public water supply system; polluted or contaminated water, process fluids; used water; or other sources of water over which the owner of the public water supply system does not have sanitary control.


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Backflow or backsiphonage means the flow of water or other liquids, mixtures or substances into the water distribution system from any source other than the intended source of the potable water supply.

Backflow prevention device means any device, method or type of construction intended

to prevent backflow into a potable water system. Devices such as an approved air gap, double check valve assembly, atmospheric vacuum breaker or a reduced pressure principle device that have been approved by the Water Foreman can be used.

Consumer means the owner or person in control of any premises supplied by or in any

manner connected to a public water supply system. Consumer's water supply system means any water supply system, located on the

consumer's premises, supplied by or in any manner connected to a public water supply system. A household plumbing system is considered to be a consumer's water supply system. A fire suppression system is also considered a consumer's water supply system.

Contamination means an impairment of the quality of the water by sewage or waste to a

degree that could cause an actual hazard to the public health through poisoning or through spread of disease by exposure.

Cross connection means any arrangement whereby contamination due to backflow or

backsiphonage can occur. Degree of hazard is a term derived from an evaluation of the potential risk to health and

the adverse effects upon the potable water system. Double check valve assembly means an assembly composed of two single,

independently acting check valves, including 100 percent closing shutoff ball valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.

Health hazard means any condition, device or practice in a water system or its operation

that creates a real or potential danger to the health and well-being of the consumer. Interchangeable connection means an arrangement or device that will allow alternate but

not simultaneous uses of two sources of water. Licensed plumber means a person who has obtained the appropriate license from the

mayor and council to perform plumbing-related work within the city. Nonpotable water means water not safe for drinking, personal or culinary use, or which

does not meet the requirements of the state department of health. Owner means the person delivering water through a public water supply system. The

owner is the city operating through the public works committee.


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Person means the state, any political subdivision, public or private corporation, individual,

partnership or other legal entity. Plumbing hazard means a plumbing type cross connection in a consumer's potable water

system that has not been properly protected by air gap separation or backflow prevention devices.

Pollution means the presence in water of any foreign substance (organic, inorganic or

biological) that degrades the quality of water to a degree that does not necessarily cause an actual hazard to the public health but does adversely and unreasonably affect such waters for any desired use.

Pollution hazard means a condition through which an aesthetically objectionable or

degrading material not dangerous to health may enter the public water supply system or the consumer's water supply system.

Potable water means water that is satisfactory for drinking, culinary and domestic

purposes and meets the requirements of the state department of health. Public water supply system means a water supply system designed and intended to

provide potable water to a designated consumer. The water supply shall include the water supply source and distribution piping network. The water supply source is defined as any artificial or natural accumulation of water used to supply the potable water system. The distribution piping network includes all piping, pumping and treatment devices used to convey an adequate quality and quantity of potable water to the consumer.

Reduced pressure zone backflow prevention device means a device containing a

minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include 100 percent closing shutoff ball valves located at each end of the device, and each device shall be fitted with properly located test cocks.

Service connection means the terminal end of a service line from the public water

system. If a meter is installed at the end of the service, the service connection means the downstream end of the meter.

System hazard means a condition posing an actual or potential threat of damage to the

physical properties of the public's or the consumer's water supply system.


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Used water means any water supplied by the public water supply system to a consumer's water supply system after it has passed through the service connection and is no longer under the sanitary control of the water supplier.

(Ord. No. 92-55, § 1(ex. A(1)), 1-19-93)

Cross reference— Definitions generally, § 1-2.

Sec. 114-247. - Responsibility.

The consumer, if requested by the Water Foreman, shall designate an individual who shall be responsible for contact and communications with the Water Foreman in matters relating to system alteration and construction, monitoring and sampling, maintenance, operation, record keeping and reporting, as required by law and this division. Any change in assigned responsibilities or designated individuals shall be promptly reported to the Water Foreman. (Ord. No. 92-55, § 1(ex. A(2)), 1-19-93)

Sec. 114-248. - Title. South Sioux City Code Sections 114-246 through 114-259 and any amendments pertaining thereto, shall be known as the backflow prevention ordinance.

Sec. 114-249. - Policy and purpose. (a) The purpose of this division is to protect the public water supply system of the city from the possibility of contamination by isolating real or potential sources of contamination and/or pollution that may backflow into the public water supply system. This division provides for the maintenance of a continuing program of cross connection control that will systematically and effectively prevent the contamination or pollution of the potable water supply systems.

(b) The Water Foreman shall be responsible for the implementation of the backflow prevention program as outlined within this division. If in the judgment of the Water Foreman an approved backflow prevention device is required for the safety of the public water supply system, the Water Foreman shall give notice in writing to the consumer to install the device at each recommended location. The Water Foreman shall inspect and approve all installations of piping that will be connected to the public water supply system. (Ord. No. 92-55, § 1(ex. A), 1-19-93)

SECTION 1: SECTIONS ADDED. Sections 114-250 through 114-259 are hereby added to the Code of Ordinances of the City of South Sioux City, Nebraska to read as follows:

https://library.municode.com/ne/south_sioux_city/codes/code_of_ordinances?nodeId=COOR_CH1GEPR_S1-2DERUCO


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Sec. 114-250. - SURVEYS, TESTS, AND INVESTIGATIONS. (1) The Water Foreman shall maintain, or cause to be maintained, records of locations, types, tests, and repairs of backflow preventers for a period of at least five (5) years.

(2) It shall be the responsibility of the water consumer to assess and report potential backflow hazards on their premises and take steps necessary for protection of public health and safety as often as reasonably requested by the Water Foreman and which shall be no less often than every five (5) years. The Water Foreman shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Water Foreman, of water use practices within a consumer's water supply system through which contaminants or pollutants could backflow into the public water supply system. The Water Foreman may conduct these surveys to provide information in determining what level of protection will be necessary to protect the publ ic health and safety. (3) On request of the Water Foreman, the consumer shall have thirty (30) days to assess and report potential backflow hazards on their premises through a cross-connection survey. If the consumer refuses to submit the proper information or to cooperate in obtaining the proper information within thirty (30) days of receiving a survey the Water Foreman shall treat the premises as if no appropriate cross-connection survey has been completed, and in such event the consumer shall be required to install an approved backflow prevention device as required in Section 114-251. (4) The Water Foreman shall have the right to enter a premises served by the public water supply system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect a premise, the Water Foreman shall give notice setting forth a proposed date and time to the consumer at least ten (10) days in advance. If the consumer cannot make the premises available for inspection at the proposed date and time, the consumer shall contact the Water Foreman and arrange for another date and time for the inspection, if the Water Foreman and the consumer cannot agree on a date and time, then the Water Foreman shall treat the premises as if no appropriate cross-connection survey has been completed. In such an event the consumer shall be required to install an approved backflow prevention device as required in Section 114-251. (5) Tests of all testable backflow prevention devices shall conform to the following standards

(a) All tests shall be completed by a Certified Nebraska Grade VI Operator

within thirty (30) days of notification using a City approved test kit, form

and procedure, with the results certified immediately to the Water

Foreman.

(b) Initial testing of all testable devices shall be performed by the Certified

Nebraska Grade VI Operator at the time of installation. The only exception


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to testing will be sprinkler systems, where lawn and fire sprinkler

professionals with a Certified Nebraska Grade VI Operator will be allowed

to perform initial tests.

(c) Annual testing of all testable devices shall be performed by a NE Grade VI

Water Operator.

(d) If deemed necessary by the Water Foreman that maintenance or repairs

are necessary, the owner shall be contacted and issued an order to have

all necessary repairs or maintenance, including successful completion of a

City approved test procedure, performed by a Certified Nebraska Grade VI

Operator within fifteen (15) days of said notification.

(6) The Public Works Committee is hereby appointed as a Hearing Board to hear differences between the Water Foreman and the consumer on matters concerning interpretation and execution of the provisions of this ordinance by the Water Foreman. Any consumer aggrieved by being required to pay the expense of installing, furnishing, and/or maintaining a backflow prevention device may, within fourteen (14) days of the act or event causing the grievance, request a hearing in writing to present those grievances to the Hearing Board. The Hearing Board shall schedule the matter for hearing within thirty (30) days, and provide written notice of the meeting by first class mail to the consumer at least seven (7) and not more than twenty-one (21) days before the hearing. At the hearing, the consumer shall first state the nature of the grievance, and the Water Foreman shall be entitled to respond thereto, whereupon the Hearing Board shall render its decision which will be binding upon the consumer and the Water Foreman.

Sec. 114-251. WHERE PROTECTION IS REQUIRED. (1) An approved backflow prevention device shall be installed between the service connection and the point of potential backflow into a consumer's water supply system when, in the judgement of the Water Foreman; a health, plumbing, pollution or system hazard exists. (2) An approved backflow prevention device shall be installed when the following conditions are found by the Water Foreman to exist: (a) Premises on which any substance is handled in such a fashion as to create an actual or potential hazard to a public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from a public water supply system which are no longer under the sanitary control of the owner;


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(b) Premises having internal cross-connections that, in the judgement of the Water Foreman, are not correctable, or there exists intricate plumbing arrangements which make it impractical to determine whether or not cross-connection exist; (c) Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross- connection survey; (d) Premises having a repeated history of cross-connections being established or re-established; (e) Premises having more than one customer service connection which could constitute a potential cross-connection. (3) An approved backflow prevention device shall be installed on each service line to a customer's water supply system serving the following types of facilities unless the Water Foreman determines that no health, pollution, or system hazard to the public water supply system exists:

(a) Hospitals, mortuaries, dental clinics, nursing and convalescent homes,

medical buildings;

(b) Testings laboratories, film laboratories, film development facilities;

(c) Sewage treatment plants, sewage pumping stations, or storm water

pumping stations;

(d) Food or beverage processing plants;

(e) Chemical plants;

(f) Metal de-greasing, plating industries, machine tool plants,

dye and metal processing or productions;

(g) Chemical and petroleum processing or storage plants;

(h) Car washes, automobile servicing facilities;

(i) Lawn irrigation systems and swimming pools;

(j) Laundries and dry cleaners;


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(k) Packing houses;

(l) Power plants;

(m) Premises having radioactive materials such as laboratories, industries,

hospitals;

(n) Rendering plants;

(o) Premises having a water recirculating system as used for boilers or

cooling systems;

(p) Veterinary establishments, kennels, feedyards, stables, rodeo

grounds, stockyards, pet grooming salons;

(q) Beauty salons, barbershops, massage parlors, health clubs;

(r) Fire suppression systems;

(s) Multi-storied buildings greater than three (3) stories in height;

(t) Schools, universities, colleges, day care centers;

(u) Trailer courts;

(v) Other commercial or industrial facilities which may constitute potential

cross-connection;

Sec. 114-252. - TYPE OF PROTECTION REQUIRED. (1) The type of protection required under Sections Section 114-250 and Section 114-251 of this Article shall depend on the degree of hazard that exists as enumerated in tables 1 & 2.

Sec. 114-253. - BACKFLOW PREVENTION DEVICES

(1) Any approved backflow prevention device required by Section 114-251

shall be installed in a manner and at a location approved by the Water

Foreman. The consumer, at his sole expense, shall obtain and install


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said approved backflow prevention devices(s) within ninety (90) days of

notice and as directed by the Water Foreman.

(2) Existing backflow prevention devices approved by the Water

Foreman prior to the effective date of this rule and which are properly

maintained shall, except for inspection, testing and maintenance

requirements, be excluded from the requirements of Section 114-

253, but only if the Water Foreman determines that the devices will

satisfactorily protect the public water supply system. One hundred

percent closing shut off ball valves shall be provided on existing

backflow prevention devices, if deemed necessary for proper testing

by the Water Foreman. If deemed necessary by the Water Foreman

that an existing backflow prevention device requires replacement, it

shall be replaced with an approved backflow device. t a b l e I

Cross-Connections Rated be Degree of Hazard for Commonly Encountered Equipment, Fixtures, Facilities, and their use. (For a more complete list refer to

the Manual of Cross-Connection Control referenced in section 008.019a)

Hazard

High Low

I. Subject to back pressure A. Pumps tanks & lines handling:

1. Sewage x 2. Toxic substances X 3. Nontoxic substances X

B. Water connection to steam and steam boiler: 1. Boiler or steam connection to toxic substances X 2. Boiler or steam connection to nontoxic substances (boiler blowoff X

through air gap)

II. Not subject to back pressure A. Sewer-connected water line 'not subject to waste stoppage) X B. Low inlets to receptacles containing:

1. Toxic substances X 2. Nontoxic substances X

C. Coils or jackets used as heat exchangers in compressors in lines carrying: 1. Sewage X 2. Toxic substances X 3. Nontoxic substances X

D. Flush valve toilets or urinals X E. Toilet, urinal tanks and approved bathtubs X

F. Bidets, sitz tanks or spa therapy and roman pools not otherwise isolated X by design or backflow protectors

G. Trough urinals X

H. Valved outlets or fixtures with hose attachments that may constitute a cross-connection to:


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1. Toxic substances X 2. Nontoxic substances X

I. Aspirators that may constitute a cross-connection to: 1. Toxic substances X 2. Nontoxic substances X

ill. Other equipment and facilities subject to a variety of backflow conditions

A. Lawn sprinkling systems that may constitute a cross-connection to: 1. Toxic substances including lawn chemicals X 2. Nontoxic substances X

B. Fire suppression systems employing toxic chemicals X C. Soft drink dispenser or bar carbonators X ___

D. Radiological, photographic, dental, medical, biological, or chemical X laboratories or facilities

E. Swimming pools X

F. Tank truck loading station X

t a b le 2

Permitted Backflow Assemblies, Devices and Methods

Assembly. Device or Hazard

Method 1 Low Hi h Installation 2,3,4,6

Back Back Back Back sipho- pres- sipho- pres- nage sure nape sure Air Gap X X X X Shall be a minimum of 1 inch but not less than 2 times

the diameter of the effective spout opening when not

affected by side walls, and 3 times the diameter of the

effective opening when affected by side walls. Side

walls will be assumed to not affect airgaps when

they are spaced horizontally a distance greater than 4

times the effective opening. Atmospheric Vacuum Breaker X X Upright position. No valves downstream. Minimum of 6

inches or listed distance above all downstream piping _

and flood level rim of receptor.(5)

Double Check Valve X X Horizontal unless otherwise listed. Requires 1 foot

Assembly below & sufficient side & head room for testing &

maintenance with a maximum of 5 feet above the

groundwork floor or a permanently installed

platform with stairs or ladder affixed. Does not

discharge water.

Pressure Vacuum Breaker X X Upright position. May have valves downstream.

Assembly Minimum of 12 inches above all downstream piping &


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flood level rim of receptor. May discharge water.

Reduced Pressure Principle X X X X Same as Double Check Valve Assembly above except

Backflow Prevention may discharge water & wherever installed, provision

Assembly for draining away at least 2 times the rated gallons

per minute of the device shall be made. (7)

Dual Check Valves X X X X Residential services only & where high hazards are

not known to exist on the premises. Properly

protected lawn sprinkling systems are assumed to be

low hazard for this purpose. Dual checks are not

subject to annual inspection unless so stipulated by

the manufacturer. Otherwise, reasonable inspection

periods will be assumed to be every 5 years.

Footnotes:

1. For description of assemblies and devices, refer to the Cross-Connection Control

Standards. Backflow preventers described herein and in the guidelines as "assemblies"

must be installed as assemblies keeping the shutoff valves intact.

2. Previous approval by the public water supply system is required for use of a pit or

vault (normally prohibited due to possible flooding) or for parallel and bypass installations

(normally prohibited without special design considerations and proper cross-connection

controls).

3. Backflow preventers shall not be located in any area containing fumes that are toxic,

poisonous or corrosive; nor in any area in which they could be damaged by freezing, or by

excessively high temperatures or pressures, vibration, physical impact or structural stress: nor

knowingly be allowed to conduct highly corrosive or sandy waters without a special testing and

maintenance program to assure proper & safe operation.

4. Refers to general and specific installation requirements as stated in the Cross-

Connection Control Standards provided for in section 008.01E9 of Title 179 Nebraska

Administrative Code, Chapter 2 for conditions or situations not otherwise covered in

these regulation

5. Not to be subjected to operating pressure for more than 12 hours in any 24-hour

period. Hose bib vacuum breakers are permitted for some uses described in the Cross-

Connection Control Standards listed in section 008,01E9. Garden hose bibs shall be

protected with approved, non-removable or integral, frost-proof, self-draining, anti-

siphoning vacuum breakers.


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6. Fire protection systems as a minimum shall be equipped with backflow prevention

devices as described in AWWA Manual M-14, second edition. Backflow preventers under

this regulation and connected to fire protection systems shall be considered part of those

systems. As such, they shall not be installed, moved, removed, replaced, shut off or in

any way altered unless in strict compliance with the rules and regulations promulgated by

the State Fire Marshall.

7. In the case of any premises where, because of security requirements or other

prohibitions it is impossible or impractical to make a complete cross-connection survey

of the consumers potable water system, a reduced pressure principle backflow

prevention device shall be installed at the service connection.

Sec. 114-254. - BOOSTER PUMPS.

(1) No person shall install or maintain a water service connection to any premises where a booster pump has been installed on the service line to or within such premises, unless such booster pump is equipped with a low pressure cut-off designed to shut-off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) pounds per square inch gauge or less.

(2) It shall be the duty of the water customer to maintain the low pressure cut-off device in proper working order. Sec. 114-255. - YARD HYDRANTS.

(1) The installation of yard hydrants where water is available or accessible for drinking or culinary purposes and which have drip openings below ground surface, is prohibited unless such hydrants are equipped with an approved device to prevent entrance of ground water into chambers connected with the water supply. (2) Yard hydrants or hose bibs which would be used by the consumer to provide water to mix pesticides, fertilizer, or other chemicals, for direct use or aerial application to surface areas shall be equipped with an atmospheric vacuum breaker. (3) All underground lawn and garden sprinkler systems shall be equipped with an approved backflow prevention device. Sec. 114-256. - FIRE SUPPRESSION SYSTEMS.

(1) All proposed installations of fire suppression systems shall be reviewed by the Water Foreman to determine the appropriate type of backflow prevention device(s)


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required. Fire protection systems, as a minimum, shall be equipped with backflow prevention devices as described in AWWA Manual M 14, second edition. Backflow preventors under this regulation and connected to fire suppression systems shall be considered part of those systems. As such, they shall not be installed, moved, removed, replaced, shut off, or in any way altered unless in strict compliance with the rules and regulations promulgated by the State Fire Marshall. (2) All proposed fire suppression systems requiring an antifreeze solution shall use a pharmaceutical grade antifreeze. The Consumer shall provide to the Water Foreman a certification identifying the type of pharmaceutical grade antifreeze which shall be used. A double check valve assembly backflow prevention device shall be installed in an approved manner on any fire suppression system containing an antifreeze solution. (3) A double check valve of an approved type shall be installed on all proposed fire suppression systems not utilizing antifreeze, but this may be done only when there are no other cross-connections.

(4) All existing fire suppression systems shall meet the requirements of Subsections (1), (2) or (3) above, whichever applies. An inspection by a certified fire suppression specialist shall be done to determine whether pharmaceutical grade antifreeze(s) have been utilized. This shall be done at the expense of the consumer. If it cannot be certified that only pharmaceutical grade antifreeze(s) have been used, then a reduced pressure principle backflow prevention device shall be installed as approved by the Water Foreman. This also shall be done at the expense of the consumer.

(5) In the event cross-connections, such as those found in using auxiliary water supply systems or in providing other water additives such as foaming agents are necessary for the proper operation of the fire suppression system, then a reduced pressure zone backflow prevention device shall be installed in an approved manner.

Sec. 114-257. - VIOLATIONS.

(1) The Water Foreman shall deny or discontinue, after notice to the consumer thereof, with City Council approval, the water service to any premises wherein:

(a) Any backflow prevention device required by these regulations is not

installed or maintained in a manner acceptable to the Water Foreman;

(b) It is found that the backflow prevention device has been removed or by-

passed;

(c) An unprotected cross-connection exists on the premises


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(d) A low pressure cut-off required by Section 114-254 is not installed and

maintained in working order; or

(e) The Water Foreman is denied entry to determine compliance with these

regulations;

(f) Consumer has failed to complete and return the required surveys to

City.

(2) The Water Foreman shall immediately deny or discontinue, without notice to the consumer thereof, the water service to any premises wherein a severe cross-connection exists which constitutes an immediate threat to the safety of the public water system. The Water Foreman shall notify the consumer within twenty-four (24) hours of said denial or discontinuation of service. (3) Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations, and to the satisfaction of the Water Foreman.

Sec. 114-258. - APPROVAL STANDARDS. (1) This cross connection control program shall be based on the following minimum standards and where conflicts may exist, the Director of the State Health Department will be the sole judge as to which standards will prevail: MANUAL OF CROSS CONNECTION CONTROL, Published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, Eighth Edition. AMERICAN WATER WORKS MANUAL, M-14, Second Edition. (2) Any backflow prevention device required herein shall be of a model and size approved by the Water Foreman. The term "Approved Backflow Prevention Device" shall mean a device that has been manufactured in full conformance with the American Water Works Association's (AWWA) standard entitled: AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices and by the American Society of Sanitary Engineers (ASSE) entitled: No. 1001 Pipe Applied Atmospheric Vacuum Breaker-ANSI Approved-1982-Revised, 1988. No. 1011 Hose Connection Vacuum Breaker- ANSI 1982

No. 1012 Backflow Preventer/Intermediate Atmospheric


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Vent-1978

No. 1013 Reduced Pressure Principle Backflow Preventer-

Revised 1988

No. 1015 Double Check Valve Assembly-Revised 1988

No. 1019 Wall Hydrants, Freezeless, Automatic Draining,

Anti-Backflow - ANSI 1978

No. 1020 Vacuum Breakers, Anti-siphon, Pressure Type-

ANSI 1982

No. 1024 Dual Check Valve Backflow Preventors - ANSI

Approved 1984-Revised 1988

No. 1032 Dual Check Valve Type Backflow Preventer for Carbonated Beverage Dispensers-1980

No. 1035 Lab Faucet Vacuum Breaker- ANSI 1984

No. 1048 Double Check Detector Assembly Backflow

Preventer-1989

Said standards and specifications have been adopted by the Water Foreman.

(3) Final approval shall be evidenced by a "Certificate of Approval" issued by one of the following approved testing laboratories certifying full compliance with said standards and specifications:

_________ Foundation for Cross Connection Control and

Hydraulic Research, University of Southern California, University Park, Los

Angeles, California 90089.

_________ American National Standards Institute, 1430

Broadway, New York, New York 10018.

_________ Underwriters Laboratories Inc., 333 Pfingsten

Road, Northbrook, Illinois 60062

_______________ National Sanitation Foundation, 2355 West


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Stadium Boulevard, P CI Box 1468, Ann Arbor, Michigan 48106.

______________ International Association of Plumbing and

Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California 09032.

(4) The Water Foreman shall keep a current list of all certified suppliers and

their appropriate list of makes and models of backflow prevention devices which the

Water Foreman has deemed approved.

(5) The Water Foreman shall require a strainer of approved type and size

to be installed in conjunction with required service line backflow prevention devices.

The installation of strainers shall preclude the fouling of backflow device(s) due to

foreseen and unforeseen circumstances occurring to the water supply system such

as water main repairs, water main breaks, fires, periodic cleaning and flushing of

mains. These occurrences may cause debris such as scale deposits and sand to

flush through the mains causing fouling of backflow device(s).

Sec. 114-259. - LIABILITY CLAIMS.

The Water Foreman shall be relieved from personal liability. The City shall hold harmless the Water Foreman when acting in good faith and without malice, from all personal liability for any damage that may occur to any person or property as a result of any act required or authorized by this title, or by reason of any act or omission of the Water Foreman in the discharge of his duties hereunder. Any suit brought carrying out the provisions of the title shall be defended by the City, or the City's insurance carrier, if any, through final determination of such proceeding.

SECTION 3. REPEALER. The remainder of Chapter 114 shall remain the same. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. SERERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This Ordinance shall be in full force and effect after its final passage, approval and publication as provided by law.

PASSED AND APPROVED this ___ day of ___________, 2018.


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*****

________________________________ MAYOR

ATTEST: _______________________________ CITY CLERK

***** I certify that the foregoing was published as Ordinance No. _______ on the ______day of __________, 2018. ________________________________ CITY CLERK ( S E A L )

End ORDINANCE 2018-9


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Gene Maffit – Nebraska State Forestry Award

End Gene Maffit


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28

Resolution Pymt. JEO Westside Drainage

End Resolution Pymt. JEO Westside Drainage


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29

Resolution Pymt. JEO Veterans Dr.

End Resolution Pymt. JEO Veterans


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30

Resolution 2nd Ave. Paving

End Resolution 2nd Ave. Paving


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31

Resolution W. 6th St. CDBG

End Resolution W. 6th St. CDBG


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32

Resolution E. 29th

End Resolution E. 29th


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Resolution W. 29th St.

End Resolution W. 29th St.


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34

Resolution Pymt. for 9th St. Lift Station

End Resolution Pymt. for 9th St. Lift Station


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35

Resolution Pymt.Water Storage

End Resolution Pymt.Water Storage


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36

Award of Bid for 2016 E 29th St. Project

End Award of Bid for E.29th St. Project


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37

Midwest Right of Way

MIDWEST Right of Way Services, Inc. 13425

June 12, 2018

City of South Sioux City

c/o Mr. Bob Livermore

1615 1st Avenue

South Sioux City, Nebraska 68776

RE: Proposal for Right of Way Services

39th Street Improvement Project

City of South Sioux City

Dear Mr. Livermore:

Midwest Right of Way Services, Inc. is pleased to provide this proposal for right of way services for the above

referenced project in South Sioux City, Nebraska. We have discussed the project with City staff and have examined

the project plans. With this background information, we provide the following information for your consideration.

Consultant and Key Personnel

Consultant- Midwest Right of Way Services

13425 “A” Street

Omaha, Nebraska 68144

(402) 955-2900

(402) 955-2903 FAX

Key Personnel- Jack Borgmeyer – President

Project Understanding This project involves the acquisition of land and temporary easements for a City Street Improvement Project that

will also be funded with Federal Funds. The project will require the acquisition of land and improvements from four

properties.

Project Management This task will involve coordination of all project elements so that work is initiated as it should be, appropriate

progress is made, and schedules are met. Coordination and scheduling of the land acquisition along with the closing

and payment process will be the responsibility of the project manager.

Title Reports and Closings Title reports will be obtained on the affected properties in order to determine fee ownership and any liens and

encumbrances which will affect the title. Lewis and Clark Title Company will provide the title reports for the four

properties. Upon receiving signed documents from the property owners, the City will mail the payments to each

individual owner.

Appraisals & Review Appraisals This task involves preparation of appraisal reports and review appraisal reports which will provide values for the

land and improvements to be acquired. Rod Johnson of United Farm and Ranch Management Company in Norfolk,

Nebraska will provide appraisal reports for the project. Knudsen Appraisal Services from Omaha, Nebraska will


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38

provide the appraisal reviews. Copies of the appraisal reports and reviews will be furnished to Midwest Right of

Way Services for use in our tract files. The appraisals and review appraisals must be approved by Nebraska

Department of Transportation and the City of South Sioux City before an offer to purchase can be made to the

property owner.

Acquisition Midwest Right of Way Services’ acquisition agents will make every effort to understand the project's objective

before meeting with the property owner. They will prepare all documents in accordance with regulations, present

and explain the offers, answer all acquisition-related questions, and secure signatures from all interested parties. Our

acquisition agents will obtain tenant information from property owners and proceed to obtain signed leasehold

contracts. Each contact with property owners and tenants will be recorded on a call report and placed in the

individual tract file as a permanent record.

Midwest Right of Way Services will perform the services in accordance with the Uniform Relocation Assistance

and Real Property Acquisition Policies Act of 1970, as amended.

Audit Compliance Midwest Right of Way Services, Inc. will retain copies of the recorded documents and payment vouchers or checks

in our individual parcel files. Midwest will also keep an electronic copy of all completed tract files for future audit

purposes by the City or Federal Highway Administration.

Status Reports and Progress Meetings Status reports will be furnished to the City on a regular basis as determined by the City.

Team Members

Jack Borgmeyer, SR/WA, R/W-RAC, is President of Midwest Right of Way Services, Inc. He is qualified to complete

all aspects of the right of way process. He has over 35 years of experience relating to real estate and right of way.

His experience includes right of way title searches, land and easement acquisition, relocation, condemnation

testimony, and project management.

Stacey A. Kroeger, R/W-RAC, Right of Way Agent, has worked for Midwest Right of Way Services since February,

2001. She has performed acquisition negotiations and relocation assistance since May, 2005. Her experience

includes right of way title searches, acquisition negotiations, and relocation assistance for state, local, and federally

funded projects.

Denny Bliss, Right of Way Agent, has worked for Midwest Right of Way Services since July, 2011. He has

performed acquisition negotiations for state, local and federally funded projects. His experience includes preparation

and review of legal descriptions, review of land title reports, as well as the ability to read, interpret, and draw

engineering plans. He has experience with airport, roadway, drainage, sewer, and utility projects. He is also an

experienced CADD technician.

Dave Minino, Right of Way Agent, has worked for Midwest Right of Way Services since May, 2012. He has

performed acquisition negotiations for state, local and federally funded projects. His experience includes right of

way title searches and airport, roadway, drainage, sewer, and utility projects.

Maria Rodriguez, Right of Way Agent, has worked for Midwest Right of Way Services since October, 2013. She

performed several years of acquisition negotiations and relocation assistance in Phoenix, Arizona. Her experience

includes right of way title searches, acquisition negotiations, and relocation assistance for state, local, and federally

funded projects. Maria speaks and writes the Spanish language fluently.

John Borgmeyer, Right of Way Agent, has worked for Midwest Right of Way Services since June, 2014. He has

performed acquisition negotiations for state, local and federally funded projects in Nebraska, Iowa and Kansas, and

relocation assistance for local and federally funded projects in Nebraska. His experience includes roadway, airport,

drainage and sewer projects.


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39

Jim Abbott, Right of Way Agent, has worked for Midwest Right of Way Services since January, 2017. He has

performed acquisition negotiations for sewer and roadway projects in Sarpy County and Douglas County. His

experience includes twenty years of real estate management of commercial and investment properties in the

Midwest working for a management company throughout Nebraska, Iowa, and South Dakota.

John Burns, Attorney, has worked with Midwest Right of Way for over five years providing legal services for

several right of way projects. He is qualified to complete all aspects of the right of way process. He has over 35

years of experience relating to real estate law and right of way. His experience includes right of way title searches,

land and easement acquisition, and the preparation and filing of eminent domain actions.

Sandy Dowse provides office support and document preparation for Midwest Right of Way’s acquisition and

relocation agents.

Fees Midwest Right of Way Services will provide the above described right of way services for the following maximum

fees:

TITLE SERVICES

Lewis & Clark Title Company Pass-Through

APPRAISALS United Farm and Ranch Management $ 4,000.00

REVIEW APPRAISALS Dennis Knudson Appraisal Services $ 2,000.00

ACQUISITION & RELOCATION ASSISTANCE - Midwest Right of Way Services:

Hourly Salary Rates Project Manager $ 95.00

Right of Way Agent $ 85.00

Maximum Fees Project Management 4 Tracts @ $ 285 each $ 1,140.00

Tract Acquisition 4 Tracts @ $2,500.00 each $ 10,000.00

TOTAL MAXIMUM APPRAISAL, APPRAISAL REVIEW AND ACQUISITION COSTS - - $ 17,140.00

Invoices will be sent on an approximate monthly basis for services rendered.

If the above described items are satisfactory to you, please sign and date the original and duplicate original of this

letter in the space provided. Keep one executed copy of this letter for your files and return the duplicate copy to us

for our files. Receipt of this letter contract will be considered our formal notice to proceed with the work.

Sincerely,

MIDWEST RIGHT OF WAY SERVICES, INC.

Jack Borgmeyer

President

End Midwest Right of Way


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40

Bledsoe Feed

End Bledsoe Feed


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Tower Alliance Letter

June 8, 2018 City of South Sioux City Lance Hedquist 1615 1st Ave. South Sioux City, NE 68776

Subject: ATC Site Nicki, NE #420219

Dear Mr. Hedquist, Thank you for the time you’ve taken to review your site Lease with me. As we discussed, this industry continues to be very competitive with a lot of 3rd party companies offering perpetual easements, fee simple sale or Lease Buyouts. American Tower and Verizon would like to maintain their relationship with you and have similar programs that can be paid out in a lump sum or a deferred payment schedule where they pay a significant amount of interest should this become of interest to you. Their primary objective however is to do whatever they can to further protect their sites, especially for single tenant sites, so another way to do this is to increase the Lease term on their sites. Here are the key reasons American Tower is looking for a Lease Extension now:

3rd party companies doing long term Lease Buyouts or Perpetual Easements on our sites threaten our security interest and on other structures, leaves us at a competitive disadvantage because we have significantly less term.

The growing number of carrier consolidations in this industry is reducing the number of potential core customers for all sites and in some cases, leaving empty towers in their wake (note the recent merger announcement between T-Mobile and Sprint).

Wireless carriers look for long term leases to mitigate their risk of having to relocate their equipment in the future (saving time and cost).


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If all other things are equal with another tower, the site with the longer-term ground Lease would be a determining factor in their decision. Here is ATC’s final and best offer: 30-year Lease Extension Amendment from 2039-2069 (5-year renewal terms) and in exchange ATC will offer a one-time payment of $5,000. This would amend the lease adding 6 more extension terms on the back-end of the current lease and all the other lease terms and conditions would remain the same going forward as they are currently drafted. This extension is sought so that ATC can assure their tenants continuing operation of their installations (concurrent with the land lease) should they wish to do so. A Lease Extension will not prevent you from accepting a perpetual easement or Lease buyout in the future and multiple tenants can improve what is offered. Thank you for your time and consideration. I will follow up with you early next week. In the meantime, if you have any questions please call me at the number below. Sincerely, Laurie Laney Lease Consultant Tower Alliance LLC/On behalf of American Tower 916.282.9810 [email protected]

End Tower Alliance Letter

mailto:[email protected]


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Church League Softball

AGREEMENT

THIS AGREEMENT is made and entered into this ____ day of June 2018, By and between

the CITY OF SOUTH SIOUX CITY, DAKOTA COUNTY, NEBRASKA (hereinafter

“City”) and the Church League (hereinafter “Association”).

WITNESS:

The parties hereby agree as follows:

1. Term: The term of this Agreement shall be for a period commencing on July 1, 2018 and

terminated by either party on August 31, 2018. Either party may terminate this

Agreement for any reasons by providing thirty (30) days notice in writing of

intention to terminate.

2. Premises The City hereby grants to the Association certain rights and privileges, hereinafter

specifically set forth, regarding the use of park facilities known as Riverview

Complex Fields 4-5.

3. Obligations and Rights.

(1) Association

a. Provide the City with a list of current board members, current addresses and

telephone numbers.

b. Provide the City with a current copy of teams, requested practice times, league and

tournament schedules. Said information should be provided to the City on July 1

of the current year. Final field scheduling will be at the discretion of the South

Sioux City Parks & Recreation Department although every attempt will be made to

provide adequate playing time for all parties requisition filed use.

c. All operational expense, include janitorial, upkeep and minor repair expenses not

otherwise listed as “City responsibility” shall be duty of the Association.

d. Keep premises and adjoining property clean and free of debris at all times, to be

completed by 10:00 p.m. game days. In addition, a clean-up day will be held at the

beginning of the season to coincide with the community wide clean-up, halfway

through the season and another one at the end of the season.

e. Provide additional portable restrooms when requested by the City.

f. Provide the Parks and Recreation Department with current copies of the keys to all

locks on the premises.

g. Make no major changes, modifications or alterations without the written

permission from the Parks and Recreation Department.

h. At no time assign to others its rights set out in this agreement.


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44

i. Association operating expenses are solely the responsibility of the Association.

Gate fees and sponsor sign fields for operation expenses are not to be obtained

from the use of the facilities without the express written consent of the City

Council.

j. Any person operating a motor vehicle owned by the city of South Sioux City must

be an employee of the City with a valid operator’s license.

k. All substantial improvements to the facility will be approved by the Parks and

Recreation Board and the city Council.

l. Make no scheduled maintenance arrangements without the written permission from

the Parks and Recreation Department.

m. Request for City maintenance shall be scheduled in advance through the City office

at city hall; at which time a work order will be processed during the normal

working hours from 8:00 a.m. – 5:00 p.m., Monday through Friday. Any work

scheduled during call out hours will be charged at the call our rate. Normal

working hours are from 7:00 a.m. – 4:00 p.m., Monday through Friday with the

exception of holidays.

n. Association shall provide the City with a certificate of insurance in the amount of

$1,000,000.00 each occurrence general liability naming the City of South Sioux

City as an additional insured.

o. All league administration is the sole responsibility of the Association.

p. The Association agrees that while using Riverview for league play, practices, and

tournaments that we will not discriminate on the basis of disability, age, sex, and

national origin.

q. Assist the City’s maintenance for the year by paying $200 per team; due July 1 of

each year 8 to 10 Church teams. (as teams enter, payment is due).

r. Any repairs and/or construction done without the prior written permission of the

Parks and Recreation Department shall be the financial responsibility of the

Association.

s. Soft-tossing against the batting cage and any fences will not be condoned. Two

warnings, either written or verbal, will void the contract; and the payments will be

non-refundable due to the infraction.

t. The Association understands that field preference, practice & game times will be

given to the Cardinal Little League and Softball organizations first.

u. The Association will indemnify and save the City harmless from all liability

whatsoever on account of any damage or injury and from all liens, claims and

demands arising out of the use of the premises or any repairs or alterations which

Association may make upon said premises whether or not caused by negligence or

breach of an obligation by the Association.

v. Church League will be responsible for the removal of trash placed in containers in

dugouts; maintain and clean complex.

w. Church League is responsible for all damages caused by them. Church League is

responsible to report such damages to Parks and Rec or Cardinal Little League


COUNCIL AGENDA

June 25th

, 2018 @ 5:00 p.m.



45

immediately after the incident. Depending on the severity of the damage, this

contract can be terminated immediately.

x. Church League is responsible for the lights being turned on and off; failure to do so

will result in a fine of $25.00 per occurrence.

(2) City

a. Routine grounds maintenance to include mowing and trimming of infield and

outfield areas.

b. Spring/Fall field maintenance to include: Add dirt, drag, shape, and install home

plate and pitchers rubber/mound.

c. Maintenance on roadways and parking lots.

d. All utility expenses for scheduled games.

e. Winterize water system to include open/close water main, valve, and blow out

lines, empty traps and valves, put antifreeze in fixtures, and winterize hot water

heater and irrigation lines.

f. Major building repairs such as roof, electrical and plumbing.

g. Provide off-field dirt supply to be used by the Association.

h. Maintenance and repair of bleachers, field fencing and dugouts.

i. Provide seeding, fertilization, and herbicides outside the ball diamond area.

j. Schedule periodic inspections of the facilities. City staff, without the presence of

the Association, may make entry.

k. Letter of approval for all schedules to the Association.

l. City will maintain a master field schedule.

m. Schedule will be given priority on a first come, first serve basis.

n. Specific maintenance on fields to be itemized. Such as dragging and filling of all

fields.

o. All equipment owned by the city will be an expense for the city if repairs are

needed.

IN WITNESS WHEREOF, the parties have executed and attested to this Agreement as of the

date first shown above.

THE CITY OF SOUTH SIOUX CITY,

NEBRASKA,

A municipal corporation.

ROD KOCH, MAYOR

CHURCH LEAGUE

____________________________________

PRESIDENT

Address:____________________________

____________________________________ End Church League Softball


COUNCIL AGENDA

June 25th

, 2018 @ 5:00 p.m.



46

Quote 913 1st Ave:

Bids:

Project: 913 1st Avenue – Shady Elms Project

Location: South Sioux City, Nebraska

Opinion of Probable Cost: _______________________

Date: June 19,2018

Bidder: Quote / Bid:

Mark Albenesius Inc. 608 152nd Street

S. Sioux City, NE 68776

$5,899.00

Messerlie Brothers Construction 208 E. 20th Street

S. Sioux City, NE 68776

$6,640.00

I & A Construction, LLP 1416 Pierce Street

Sioux City, IA 51102

$10,229.00

End Quote for 913 1st Ave


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June 25th

, 2018 @ 5:00 p.m.



47

FD Summary Report


COUNCIL AGENDA

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, 2018 @ 5:00 p.m.



48


COUNCIL AGENDA

June 25th

, 2018 @ 5:00 p.m.



49

End FD Summary Report

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