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1971
J,: ORDINANCE NO. 1014 GENERAL PROVISION ORDINANCE AMENDING SECTIONS 7. 101 Through 7. 603 CHAPTER 7. BUILDING REGULATIONS ARTICLE 1. ZONING SECTION 7. 101 PURPOSE 19- 903., 16 -901 These regulations have been made in accordance with a Com- prehensive Plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration' of population; to facilitate • the adequate provisions of ;transportation, water, sewerage, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Blair and the area within two .(2) miles thereof. SECTION 7. 102 DEFINITIONS For the purpose of these regulations, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the. word "building" shall include the word "structure" and the word "shall" is mandatory and not directory. Accessory Buildings and Uses. A subordinate building or por- tion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises. A -1 Alley. A public or private thoroughfare which affords only a secondary means of access to property abutting thereon. Apartment: A room or suite of rooms in a multiple dwelling, or where one or more living units are established above non - residential uses, intended or designed for use as a residence by a single family in- eluding culinary accommodations. Apartment House. See Dwelling, Multiple. Basement. A story having part, but not more than one half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and use for dwelling pur- poses other than by a janitor employed on the premises. Board. The Board of Adjustment of the City of Blair, Nebraska. Boarding House. A building other than a hotel, where, for com- pensation and by pre- arrangement for definite periods, meals or lodging and meals, are provided for three or more persons, but not exceeding twenty persons. Buildings. Any structure designed or intended for support, en- closure, shelter or protection of persons, animals, chattels, or property. Buildings, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the mean height Revel between eaves and ridge for gable, hip and gambrel roofs. Building Inspector. The Building Inspector of the City of Blair, Nebraska. Cellar: A story having more than one -half (1/2) of its height below grade. A cellar is not included in computing the number of stories for purpose of height measurement. A -2 District. A section or sections of the City of Blair and the area within two (Z) miles thereof, for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. Dwelling.' Any building or portion thereof which is designed and used exclusively for residential purposes. Dwelling, Single Family,. A building having accommodations for and occupied exclusively by one family. Dwelling, Two' Fantil'v,. A building having accommodations, for and occupied exclusively by two families. Dwelling, Multiple. A single building having accommodations for and occupied exclusively by more than two families. Family. Shall mean one individual or group of two or more per -. sons related by blood or marriage, living together as members of a single housekeeping unit and doing their cooking in a single kitchen on the pre- mises, as distinguished from a group >occupying a boarding and rooming house, lodging house, hotel, club, fraternity or sorority house. Feed Lot. A parcel of land whereon there is contained an oper- ation of feeding or raising animals in excess of ten head per acre and in excess of 500 head per parcel of land. Floor Area. The total square feet of'floor space within the exterior walls of a building, not including space in cellars or base- ments. Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the property A -3 1 line of the street, or if the street is dead ended, then all of the prop- erty abutting on one side between an intersecting street and the dead end of the street. Garage, Private. -An accessory building or portion of a main building designed or used for the storage of not more than four vehicles owned and used by the occupants of the building to which it is accessory. Garage, Public., A building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hir- ing, servicing, selling or storage of vehicles. Home Occupation. Any occupation or activity carried on in a dwelling by a member or members of the immediate family residing there- in. Home occupation shall include the use of a dwelling as an office by'a doctor, dentist, lawyer, clergyman or other person residing therein and not employing more than one person outside the immediate family residing therein. In connection with a home occupation, no sign or display other than a name plate not more than two (2} square feet in area shall be used to indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. No commodity shall be sold in connection with the home occupation except that which is prepared in the dwelling or except that which is furnished in connection with ser- vices rendered therein. No mechanical equipment shall be used in connection with the home occupation which shall be objectionable to the surrounding residence districts and any equipment permitted in this section, shall be properly protected, or grounded, as necessary. A -4 Hotel or Motel. A building used as a transient abiding place for persons who are lodged for compensation. Institutions. A building occupied by ; a non - profit corporation or non - profit establishment for public use. Lodging House. A building or place where lodging is provided (or equipped to provide lodging regularly) by pre - arrangement for definite periods for compensation, for three or more persons in contra- distinction to hotel open to transients. Lot or Parcel. A piece, plot or area of land, of contiguous assemblage as established by survey, plat or deed, occupied or to be oc- cupied by a building, or a unit group of buildings, and/or accessory build- ings thereto or for other use, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place. Lot; Corner. A lot abutting upon two or more streets at their intersection. Lot, Depth of. The mean horizontal distance between the front and rear lot lines. Lot; Double Frontage. A lot having a frontage on twornon- intersection streets, as distinguished from a corner lot. Lot.; Interior. A lot other than a corner lot. Lot of Record. A lot which is a part of a subdivision, the plat of which has been recorded in the Office of the Register of Deeds of Washington County, Nebraska; or a parcel of land, the deed to which was recorded in the Office of the Register of Deeds of Washington County, A -5 Nebraska, prior at the adoption of these regulations. Non-conforming Uses. Any building or land lawfully occupied by a use at the time of passage of these regulations or amendment thereto, which does not conform after the passage of these regulations or amend- ment thereto with the use regulations of the district in which it is situated. Nursing Home. Convalescent Home. A home for the aged or infirmed where occupants are provided with food, shelter, and care for hire or compensation. : • Parking Space. - An'area,.enclosed - or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the park- ing space with a street or alley and permitting ingress and egress of an automobile. Planning Commission. The Planning Commission of the City of Blair Nebraska. Register of Deeds. The Register of Deeds of Washington County, Nebraska.. Service (Pilling) Stations. Any building or premises where auto- motive fuels are stored underground and made available for sale and dis- pensing, through fixed equipment into fuel tanks of motore vehicles and where automotive lubricants, supplies and accessories and related services to motorists may or may not be available except that if the sale and dis- pensing of automotive fuels is incident to the conduct of a public garage, • • • the premises are classified as a public garage.' A-6 , • ,•••• •-. -retv:7.:4 • { Signs. Any outdoor advertising having a permanent location on the ground, or attached to or painted on a building, including bulletin boards; billboards, and poster boards. Story. That portion of a building, other than 'a cellar, included between the surface of any 'floor and the surface of the floor next above it, or, if there is no floor above, it then is the space between the floor and the ceiling next above it. Story, Half. A space under a sloping roof which has the line of intersection of roof ducting and wall face not more than three (3) feet above the top floor level, and in which space not more than 60% of the floor area is or may be finished off for use. Street. All property dedicated or intended for public, or private street, highway, freeway, or roadway purposes or subject to public or private easement therefor. Street Line. A dividing'line between a lot, tract or parcel of land and a contiguous street. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something hav- ing a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and arbors or breezeways, but excepting utility poles, fences and retaining walls and ornamental light fixtures. Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, . or any complete rebuilding of the roof or exterior walls. A -7 Trailer (Mobile Home). Any structure used for living, sleep- . ing, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings and which has been, or reason- ably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car or house ear. Every house trailer not located in a regularly licensed tourist camp which shall be parked for more than ten days shall be deemed a dwelling for purposes of area and set back regulations. Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a'yard for the purpose of .determining the width or side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, Front. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the front lot line and the front of the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies, or open porch. Yard. Rear. A yard extending across the rear of a lot, mea- sured between the side lot lines, and being the minimum horizontal dis- tance between the rear lot line and the rear of the main building including any projections other than steps, unenelosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to A -8 the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yat+d shall in all cases be the opposite end of the lot from the front yard. Yard, $ide. A yard between the main building and the sideline of the lot being the minimum horizontal distance between the building and the side yard line and extending from the front lot line to the rear yard line. SECTION 7`1 103 DISTRICTS 19 -901, 19.902, 19 -904, 16 -901 In order to regulate and restrict the use of the land, the erection, construction and alteration of buildings and structures; to regulate and limit the height of buildings and structures hereafter erected or structur- ally altered; to regulate and determine the area of yards and other spaces about buildings; to regulate and limit the density of populations; to reg- ulate and restrict the locations of trades, callings, industries and the location of buildings and structures designed for specific uses, to promote public health, safety, morals and general welfare all lands within and lands two (2) miles beyond and adjacent to the corporate limits of the City of Blair hereby divided into eleven (11) districts, as follows: (1) • A -1 Agricultural District, (2) R -S Residence District, (3) R -1 Residence District, (4) R -2 Residence District, (5) R -M Residence District, (6) R -M -H Mobile Home Residence District, (7) C -1 Commercia11 istrict, (8) C -2 Highway Commercial District (9)71 -1 Light Industrial District, (10) I -2 Heavy Industrial District, (11) 1 -3 Industrial Park District. SECTION 7. 104 ZONING DISTRICT MAP 19 -902 Boundaries of the zoning districts as enumerated in Section 7. 103 A -9 1 hereof are hereby established as shown on a map prepared for that purpose, which said map is hereby designated as the Zoning District Map, and said map and all the notations, references and information shown thereon is here- by made a part hereof as though same were set forth in full herein. Said map and all changes, amendments and addition's thereto shall be kept on file in the office of the City Clerk of said City. Said map shall be kept up -to- date at all times by the City Clerk of said. City. When definite distances in feet are not shown on the Zoning. District Map, the district boundaries are intended to be along the center line of existing street, alleys or other rights -of -way or along platted lot lines, or extensions of the same, and if the exact locations of such lines is not clear, it shalllbe determined by the Superintendent of the Street Department, due consideration being given to location as indicated by the scale of the Zoning District. Map. When streets or alleys on the ground differ from the streets or alleys as shownoon;:the Zoning District Map, the Zoning Commission may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of these regulations. SECTION 7. 105 GENERAL DISTRICT REGULATIONS 19 -901, 19 -902 No building shall be erected, converted, enlarged, or reconstruc- ted, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. No building shall be erected, converted, enlarged, reconstruc- ted or structurally altered to exceed the height limit herein established for the district in which the building is located. A -10 No building shall be erected, converted, enlarged, reconstruc- ted or structurally altered except in conformity with the area and parking regulations of the district in which the building is located. The minimum yards and open spaces, including lot area per dwell- ing unit, required by these regulations for each and every building at,the time of the passage of these regulations, or for any building thereafter erected shall not be encroached upon or considered as a yard or open space requirements for any other buildings, nor shall any lot area be re- duced beyond the district requirements of these regulations. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as otherwise provided herein. The listing of any use as being permitted in any particular dis- trict shall be deemed to be an exclusion of such use from a more restric- ted district, unless such use is specifically permitted in the more res- tricted district under the language set forth in the Schedule of Permissible Uses. Off- street parking spaces in all districts shall be provided in accordance with the requirements for specific uses set forth in section 7. 153. SECTION 7. 106 A -1 AGRICULTURAL DISTRICT PERMISSIBLE USES 19 -902, 19 -903 In A -1 Agricultural Districts no building or premises shall be used and no building shall be hereafter erected or structurally altered except for one of the following purposes: A -11 A. Single family dwellings B. Churches, schools, libraries, community centers, public parks and other public buildings and recreational facilities. C. Educational, religious and philanthropic institutions, but not including penal or mental institutions D. General farming and dairying, including the sale of the pro- ducts of the farm E. Stock raising, but not including feed lots F. Greenhouses and nurseries, provided that storage of man- ure shall not be permitted nearer than one hundred fifty (150) feet to any lot line G. Fur farms, fish hatcheries and dog kennels H. Riding academies and public stables, provided that storage of manure shall not be permitted nearer than one hundred fifty (150) feet to any lot line 1. Home occupations, provided that not more than twenty -five (25) percent of the dwelling is used for such purposes J. Radio and television towers, provided they are situated on a lot which is equal iri width andadepth to the height of the tower K. Electric substations and gas regulator stations, provided that for each electric substation where transformers are exposed there shall be an enclosing fence at least six (6) feet high L. Fire stations, police stations and telephone exchanges M. Accessory buildings and uses customarily incident to the uses permitted in this district A -12 N. Signs for permitted uses as required by Section 7. 153 SECTION 7. 107 A-1 'AGRICULTURAL 'DISTRICT. CQND')TIONAL USES 19 -901 A. Hospitals and sanitariums for contagious or .nfectious dis -' 'eases provided: or sanitarium (2) The Board shall prescribe all setback requirement. B. -Water reservoirs, water storage tanks, water pumping sta- tions and sewer lift stations provided: (1) For each instance the water and/or sanitation district shall provide the Board with plot plans showing the pro- posed installation and its relationship to any nearby property. (2) The Board shall prescribe conditions as to setbacks, etc., for each installation.. C. Airports, provided: (1) They do not endanger the immediate,.area (2) They meet all local, State and Federal regulations.. . .'Livestock sales rings provided: (1) Auctioning of farm implements shall be conducted as a secondary ”service" or "convenience's to the live- stock auction and shall, in no manner, be conducted for the sale of general household wares, household appliances or furniture, miscellaneous items or junk. (1) The Board shall approve the location of said hospitals A -3.3 J ( provide adequate truck maneuvering space for both loading and unloading of trucks. (5) Livestock sales rings shall not'be operated in any manner so as , to impair or in anywise affect the public health, safety or welfare; or to operate said livestock sales ring in any manner as to be a public nuisance. (6) No unusual amount of odor or noise disseminnted be- yond the boundaries of the premises on which the use is located shall be permitted. • cr) , No more than ten (10) percent of the total number of animals present for sale at any one auction shall be kept on the premises for more than. ten (10) consecu- tivedaysfollowing each. auction. A-14- H''''.' i'' ..2.•:-..cg: ,: , . . , - . I. ! • .1 (2) Parking or storage area for farm implements must be screened and enclosed by a chain link fence at least six (.6) feet high. No piece of farm equipment shall remain on the premises for more .than fifteen (15) consecutive days except for machinery used for maintenance of the livestock sales ring and premises. All. corrals, or pens for live animals shall be placed at least two hundred (200) from any public street or public road and shall be to the rear of main build-, ings. . The area shall include adequate off-street parking for automobiles as well as trucks and shall be designed to (8) The special permit for operation of a livestock auc- tion ring, as provided in these regulations, shall be revoked, if inspection by the Board or its repre- sentatives reveals that the feeding and keeping of animals, as in the manner of 'a feed lot, is the primary use of the premises. (9) Storage of manure shall not be permitted. (10) Use of a building or structure (temporary or perman- ent) for restaurant or "coffee shop" purposes shall be permitted during the days of the sale only. Struc- tures used for such purposes shall be subject to all regulations of the Blair Building Code and Washington County Health Department. (11) When the application for livestock auction rings are filed with the Board the applicant shall present a plan showing the proposed development. Included in the plan shall be the following: (a) Topographic map showing two foot contour intervals. (b) Drainage plan showing method of handling drain- age problems including storm sewer drainage location, if necessary. (c) Location of existing utilities and proposed utility extensions. A -15 2 1 (d) Letters of commitment or intent from the utility companies concerning satisfactory water and sanitary sewer service, or from the Wash- ington County Health Department concerning satisfactory wells and septic tanks. (e) Plat showing dimensions and locations of all • structures, existing or proposed, on the tract of land. (f) Parking plan defining off-street areas. Such plan is subject to the provisions of these regulations. • (g) Driveway plan indicating all interior driveways, curb cuts and areas for maneuvering trucks. E. Rock crushers, concrete and asphalt mixing plants, sand and gravel or any other such excavation shall be allowed provided they meet the following requirements: (1) When the application is filed, the applicant shall pro- vide a plan showing the land proposed for excavation. This plan shall show the contours of the land on at least five. (5) foot contour intervals, any improve- ments thereon and to a distance of three hundred (300) feet in all directions from the subject. (2) Concurrent with the above, the applicant shall also provide a plan showing the contemplated changed con- dition of the land due to the excavation. This plan A-16 I- • f:„ ,must include the contemplated re -use of the land, . what curing of the land is planned and the contours on at least five (5) foot intervals. No excavation or processing of excavated materials shall be permitted nearer than thirty (30) feet to the boundary of adjacent property nor nearer than one hundred twenty -five (125) feet to any existing resi- dence, unless by written agreement the owner or owners of such adjacent property . consent to a lesser distance and the Board approves such lesser distance. The Board may set a greater distance than above men- tioned, when in their opinion it is justified. The Board shall specify . the 4egree of slopes of banks for all excavations, the depth of and the distance from any public structures when excavations are made in or near stream beds.. When excavations are near•or ad- jacent to irrigation canals or ditches the applicant shall secure a written agreements from the ditch company or from officials responsible for the canals or ditches in- dicating their determination as to setbacks from public rights -of -way when excavation is contemplated near such rights-of-way. Sand and gravel shall be excavated in such a manner so as to assure the convenient restoration of the land and to hold to. a minimum any adverse affects to adjaeent A -17 land as a result of piling or storing the overburden material. (6) The sand and gravel shall be excavated in such a manner so as to leave an average of two (2) feet of undisturbed sand or gravel, as evenly as possible, over the entire excavation tract, to provide a water bearing strata for any existing ground water and more if the Board deems necessary. (7) After excavation has been completed, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He then shall spread even- ly the topsoil to a minimum depth of eighteen (18) inches. The topsoil shall be spread last so as to produce a new surface for the purpose of growing . crops, trees, shrubs, etc. Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein. (8) An excavation operation shall maintain haulage roads within the premises covered by the permit and such roads shall be kept in a reasonably dust -free condition when said dust would be injurious to bordering pre- mises. The Board shall specify the conditions in each instance to insure this requirement. The hours of operation, unless otherwise specifieed by the Board shall be from six a.m. to ten p.m., or unless a national A -1.8 (9) emergency arises or special permission is granted by the Board. Rock crushers, concrete and asphalt mixing plants may be permitted providing the Board finds that the follow- ing facts pervail: The use is accessory to the sand and gravel operation, and - in the finished product the operator uses the pro- duct of the sand and gravel pit on which the opera- tion is proposed. The Board may set out addi- tional conditions under which these operations may be permitted and the said conditions may vary by location due to abutting land uses. (10) The operator of any excavation shall post a bond in the form prescribed by the Board in a sum equal to the number of acres covered by the permit, multiplied by five hundred (500) dollars, to insure full compliance with all of the terms and conditions of the permit and the miles and regulations of the Board pertaining to ex- traction and processing. The minimum amount of such bond shall be $1,000 and the maximum amount, $25,000. The Board shall have the power and authority to pro - vide for an alternative method of indemnifying the City in lieu of the posting of the bond herein mentioned. (11) The operator shall furnish evidence that he is insured A -19 t� the extent of not less than $50,000 against liability for any negligent act or omission arising from the opera- tion or maintenance of an excavation and all activities connected with or incident. thereto. (12) Prior to the granting of a permit the property shall be posted for a period of thirty (30) days. This posting shall consist of a sign or signs, the number of which shall be determined by the Building Inspector, of a size three (3) feet by four (4) feet, posted four (4) feet above grade, with lettering not less than two (2) inches in size, placed in conspicuous locations visible from the public rights-of-way. (13) At least fifteen (15) days prior to the hearing the Building Inspector shall, by registered mail, send notice of the hearing to all property owners within one -half (1/2) mile of the proposed excavation. (14) To defray the cost of posting the property and determin- ing property owners to whom notice must be sent there shall be collected a fee of twenty -five (25) dollars. (15) Upon the granting of a permit by the Board the following fee schedule shall apply: One acre or less $200.00 More than one acre to and including two acres . $300.00 More than two acmes to and including three acres $400.00 More than three acres to and including four acres $500.00 A -20 1 1 J More than four acres to and including five acres $600.00 More than five acres to and including ten acres $1,000.00 In addition, land in excess of ten acres (per acre)$ 25.00 The above fee schedule shall apply to each individual ownership of land which is included in the. operation. (16) All permits shall be in full force for a period of five ( (5) years from the date of issuance thereof unless a shorter time is set by the Board. Such temporary permits may be renewable by the Board for the same period of time or less, without further notice, hearing or posting of the property involved provided, however, that the opera- tor has complied with all the terms and conditions of the original permit. A renewal of a permit shall be considered as a new permit with respect to fees. (17) The Board shall have the power to cancel permits upon proof of violation of any of these regulations. (18) Rock crushers, concrete and asphalt mixing plants, sand and gravel operations or any other such excava- tions which are temporary operations (six months or less))shall not be subject to any of the regulatidN of this section, except, they shall be required to obtain a permit froi the Board. F. Other Conditional Uses. The Board of Adjustment may when it is deemed advisable, authorize and permit other conditional uses as • 1' • . • • , • A-21 • • • '• listed below. No such conditional use permit shall be effective except after investigation and recommendations from the Planning Commission and until after a special hearing thereon is held by the Board. Notice of such hearing shall be given by publication and posting in the same manner as is provided by State Statutes for zoning changes and exceptions. Property uses requiring conditional use permits include: (1) Marinas (2) Cemeteries (3) Private clubs (4) Gun clubs, skeet shoots, or target ranges (5) Golf driving ranges (6) Amusement parks, commercial baseball or athletic :fields, ,race tracks, circuses, carnivals, fairgrounds. A -22 SECTION 7. 108 A -1 AGRICULTURAL DISTRICT 'HEIGHT REGULATIONS 19. -901' There shall be no height regulations except as may be set forth for airport zoning. SECTION 7. 109 A -1 AGRICULTURAL DISTRICT AREA REGULATIONS 19 -901 Subject to the modifications set forth in Section 7. 153, the area regulations are as follows: A. Minimum Floor Area. There shall be a minimum floor area of one thousand (1000) square feet per dwelling, not including basement, cellars, garages or carports. B. Minimum Lot Area. A lot upon which there is erected a dwelling shall contain an area of not less than one half (1/2) acre. C. Minimum Lot Frontage. There shall be a minimum lot frontage of not less than ninety (90) feet per dwelling and one hundred twenty (120) feet for other principal structures. D. Minimum Front Yard. Measured from the front property line there shall be a front yard of not less than thirty -five (35) feet for all principal structures unless otherwise specified by the Planning Commission. E. Minimum Rear Yard. Measured from the rear property line every principal structure shall have a rear yard of not less than twenty- five (25) percent of the depth of the lot and for every accessory building there shall be a rear yard of not less than ten (10) feet. F. Minimum Side Yard. Measured from the side property lines there shall be side yards of not less than fifteen (15) feet on each side of the lot. A -23 1 SECTION 7. 110 R-S RESIDENCE DISTRICT PERMISSIBLE, USES 19-902, 19-903 In R-S Residence Districts no building or premises shall be used and no building shallbe hereafter erected or structurally altered except for one of the following purposes: A. Single family dwellings B. Churches, libraries, public parks and playgrounds, commun- ity centers, colleges, public golf courses, public schools, private educa- tional institutions having the same curriculum as ordinarily given in public schools and other public buildings • and recreational facilities. C. Domestic animals, provided such animals are household pets and that kennels are not maintained. D. Farm animals, provided such animals are kept on a parcel of land not less than one (1) acre in area. E. 1Marsinghomes and hospitals, provided the State and County' Health Departments approve the locations. F. Fences, hedges and walls, provided such uses are located where they will not obstruct motorists' vision at street intersectiond. . G. Home occupations, provided that not more than twenty-five LI (25) percent of the dwelling is used for such purposes. H. Fire stations, police stations and telephone exchanges. I. Electric substations and gas regulator stations provided: (1) For each electric substation where transformers are exposed there shall be an enclosing fence at least six (6) feet 3igh. A-24 . p,„,,,,,-„.,„ :* ,,---,,,--,-,-,-,.-- - - ---'•:'-''''"----- • ':- ' , -,.. :. . .•,. .._ . , .. . . .. :„.. • (2) The height requirements may be exceeded provided that for each additional one (1).foot of height an additional one (1) foot of front, rear and side yard (1) shall be required. J. Accessory buildings and uses customarily incident to the uses permitted in this district. K. Signs for permitted uses as required by section 7. 153. SECTION 7.• 111 R -S RESIDENCE DISTRICT CONDITIONAL USES 19 -901 A.•.Water reservoirs, water storage tanks, water pumping sta- tions and sewer lift stations provided: (1) For each instance the water•and/or sanitation district shall provide the Board with plot plans showing the proposed installation and its relationship to any near- by property. (2) The Board shall prescribe conditions as to setbacks, etc., for each installation. B. Cemeteries, provided: An investigation • is conducted by the Planning Commis- sion and recommendations are given to the Board. (2) A public hearing is held by the Board after notice of such hearing is given by publication and posting in the same manner as is provided by State Statutes for zoning changes and exceptions. (3) A permit is granted by the Board after the above out- lined procedure has been followed. A -25 SECTION 7: 112 R -S RESIDENCE DISTRICT' HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, the height regulations are as follows: A. No dwelling shall exceed two and one -half (2 -1/2) stories or thirty -five (35) feet in height. B. No other structure shall exceed three (3) stories or forty- five (45) feet in height. SECTION 7. 113 R -S RESIDENCE DISTRICT AREA REGULATIONS 19 -901 Subject to the modifications set forth in section 7..153, the area regulations are follows: A. Minimum Floor Area. There shall be a minimum floor area of one thousand (1000) square feet per dwelling, ' not • including basements, cellars, garages or carports. B. 'Minimum Lot Area. A lot upon which there is erected a structure shall contain not less than fourteen thousand (14,000) square, feet unless it is not served by public utilities, then the minimum shall be eighteen thousand (18,000) square feet. C. Minimum Lot Frontage. .There shall be a minimum lot front- age of not less than seventy-five (75) feet per dwelling and one hundred (100) feet for other principal structures. D. Minimum Front Yard. Measured from the front property line . there shall be a front yard of not less than thirty (30) feet unless the property fronts on a State or Federal highway, the minimum shall then be fifty (50)' feet.. A -26 I 1 1 1_ of a lot. t E. Minimum Rear Yard. Measured from rear property line • every principal structure shall have a rear yard of not less than thirty (30):feet and for every accessory building there shall be ikrear yard of • not less thap (10) .feet. • - • .P.f!-Minitum Side Yards. Measured from the side'propertylines there sholLtbe side Yards of net less 'than ten((10) Eeet on each side SECTION 7. 114 R-1 .RESIDENCE DISTRICT PERMISSIBLE: USES 19.402„ In . the R-IIResidence District no building or premises shall be used and no building shall be hereafter erected or structurally altered ex- cept for those permitted in the R-Satesidence District as stated therefor, however, there shall be no farm animals. SECTION 7. 115 R-11ESIDENCE DISTRICT CONDITIONAL All conditional uses set forth foxv.the R-S Residence District as stated therefor shall also be applicable to the R-1 Residence District. SECTION 7. 116 R-1 RESIDENCE DISTRICT HEIGHT 11EF REGULATIONS 19-901 The height regulations set forth for the R-S Residence District as stated,therefor shall also be effective in the R-1 Residence District. SECTION 7. 117 R-1 RESIDENCE DISTRICT AREA REGULATIONS 19-901 Subject to the modifications set forth in section.7. 153, the area regulations are as follows: S USES 19-902,19-903 i It* 1,,-.114,t,,,po,,,,,,,?...,:,t,t4.4,,, -,,,,,,,,,t4,...1,-.V.41-1AA1-14,144,11MVP44411.1:11AnV4-1,1P,11M"00'=t4g0114'4'61Vi**" 'W''' 1.*".1.' 1 ` . * • ' •A-27 • 1 A. .Minimum Floor Area: There shall be a minimum floor area of one thousand (1,000) square feet per dwelling, not including basements, cellars, garages or carports. B. Minimum Lot Area. A lot upon which there is erected a structure shall contain not less than ten thousand (10,000) square feet. C. Minimum Lot Frontage; There shall be a minimum lot frontage of not less than seventy -five (75) feet per dwelling and for other principal structures unless the lot fronts on a Cul -De -Sac or other sharp bend or curve, then the frontage shall be adequate to provide the required side yard at the required set back. D. Minimum Front Yard. Measured from the front property line there shall be a front yard of not less than twenty (20) feet unless the property fronts on a State or Federal highway, the minimum shall then be fifty (50) feet. E. Minimum Rear Yard. Measured from the rear property line every principal structure shall have a rear yard of not less than twenty (20) feet and for every accessory building there shall be a rear yard of not less than ten (10) feet. F. Minimum Side Yards. Measured from the side property lines there shall be side yards of not less than ten (10) feet on each side of a lot. SECTION 7. 118 R -2 RESIDENCE DISTRICT PERMISSIBLE USES 19 -902, 19 -903 In the R -2 Residence District no building or premises shall be used and no building shall be hereafter erected or structurally altered except for those purposes permitted in the R -S Residence District as stated A -28 therefor, however, there shall be no farm animals. SECTION 7. 119 R -2 RESIDENCE DISTRICT CONDITIONAL USES 19 -902, 19 -903 All conditional uses set forth for the R -S Residence District as stated therefor shall also be applicable to the R-2 Residence District. SECTION 7. 120 R -2 RESIDENCE DISTRICT HEIGHT REGULATIONS 19 -901 The height regulations set forth for the R -S Residence District as stated therefor shall also be effective in the R -2 Residence bistrict. SECTION 7. 121 R -2 RESIDENCE DISTRICT AREA REGULATIONS 19 -901 Subject to the modifications set forth in section 7. 153, the area regulations are as follows: A.c Minimum Floor Area. There shall be a minimum floor area of eight hundred (800) square feet per dwelling, not including basements, cellars, garages or carports. B. Minimum Lot Area. A lot upon which there is erected a "struet- ure shall contain not less than seven thousand (7,000) square feet. C. Minimum Lot Frontage. There shall be a minimum lot frontage of not less than sixty (60) feet per dwelling and for other principal structures unless the lot fronts on a Cul -De -Sac or other sharp bend or curve, then the frontage shall be adequate to provide the required side yard at the required set back. D. Minimum Front Yard. Measured from the front property line there shall be a front yard of not less than twenty. (20) feet unless the A -29 • . property fronts on a State or Federal highway, the minimum 'shall then be fifty (50) feet. 0 E. Minimum Rear Yard. Measured from the rear property line every principal structure shall have a rear yard of not less than twenty (20) feet and for every accessory building there shall be a rear yard of not less than ten (10) feet. P. Minimum Side Yards. Measured from the side property lines there shall be side yards of not less than ten (10) feet on each side of a lot. SECTION 7. 122 R -M RESIDENCE DISTRICT PERMISSIBLE . USES 19 -902, 19 -903 In the R -M Residence District no building or premises shall be used and no building shall be hereafter erected or structurally altered except for one of the following purposes: A. All uses permitted in the R -S Residence District as stated therefor, except, however, there shall be no farm animals. B. Two family and multiple dwellings and apartment houses. C. Boarding and lodging houses. D. •Private clubs and .lodges, except, those whose primary activity is carried on as a business. E. Fraternities and sororities. F. Automobile parking lots. . G. Group housing projects. ., H. Accessory buildings and uses customarily incident to the uses permitted in this district. A-+30 j A All conditional uses set forth for the R -S Residence District as stated therefor shall also be applicable to the R -M Residence District. SECTION 7. 124 R -M RESIDENCE DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, no structure shall exceed three (3) stories or forty -five (45) feet in height. SECTION 7. 125 R -M RESIDENCE DISTRICT AREA REGULATIONS 19 -901 Subject to the modifications set forth in_section 7. 153, the area regulations are as follows: A. Minimum Floor Area (1) •There shall be a minimum floor area of eight hundred (800) square feet per dwelling not including basements, cellars, garages or carports. (2) The minimum floor area per two family and multiple family dwelling unit shall be four hundred fifty (450) square feet, not including basements, cellars, garages and carports. B. Minimum Lot Area (1) A lot upon which there is erected a single family dwelling shall contain not less than six thousand eight, hundred (6,800) square feet. I. Signs for permitted uses as required by section 7. 153. SECTION 7. 123 R -M RESIDENCE' 'DISTRICT CONDITIONAL USES 19 -901 A -31 (2) A lot upon which there is erected a two or multiple family dwelling shall contain not less than two thou- sand five hundred (2,500) square feet per unit; how- ever, in no instance shall such a structure be built on a lot containing less than six thousand eighthun- dred (6,800) square feet. (3) A lot upon which there is erected a boarding or lodging house, fraternity or soroti:ty, shall contain not less than seven thousand two hundred (7,200) square feet. (4) A lot having an area less than herein required and which was recorded under separate ownership from adjoining lots at the effective date of these regulations may be occupied by a single family dwelling or by any permitted non - residential use.' C. Minimum Lot Frontage. CO A lot occupied by a single or two or multiple family dwelling shall have a minimum frontage of seventy (70) feet. (2) A lot occupied by a boarding or lodging house, fraternity or sorority, shall have a minimum frontage of seventy (70) feet unless the lot fronts on a Cul -De -Sac or other sharp bend or curve, then the frontage shall be adequate to provide the required side yard at the • required set back. A-32 i (3) A lot having a frontage less than herein required and which was recorded under separate ownership from adjoining lots at the effective date of these regulations may be occupied by a single family dwelling or by any permitted non- residential use unless the lot fronts on a Cul -De -Sac or other sharp bend or curve, then the frontage, shall be adequate to provide the required side yard at the required set back. D. Minimum Front Yard. Measured from the front property line there shall be a front yard of not less than twenty (20) feet unless the property fronts on a State or Federal highway, the minimum shall then be fifty (50) feet. E. Minimum Rear Yard. Measured from the rear property line every principal structure shall have a rear yard of not less than twenty (20) feet and for every accessory building there shall be a rear yard of not less than ten (10) feet. F. Minimum Side Yards. Measured from the side property lines there shall be side yards of not less than eight (8) feet on each side of the lot. SECTION 7. 126 R -M -H MOBILE HOME RESIDENCE DISTR.ICT ESTABLISHMENT OF DISTRICT 19 -903, 19 -905 This District is composed of mobile home areas consisting of any premises where one or more trailer coaches are parked for living or sleeping purposes, or any premises used or set apart for supplying trans- ient parking space for one or more trailer coaches for living or sleeping purposes, and which includes any buildings, structures., vehicles or enclosures A -33 sK a��> ,a:'- . " ^;'�:,��r�:;�•:y:r =iy `:9;as+ ��- r� }, t61 - r L. Typical lot plan. SECTION 7. 127 R-M-H MOBILE HOME RESIDENCE DISTRICT • GENERAL SPECIFICATIONS 19,-901, 19,-904, 19-905 • . 1 used or intended for use as a part of the equipment of such trailer court or camp, except trailer sales area or-any other commercial establishment. The District may be created upon petition for an amendment to the Zone Map. When petitioning for this zone Change, there shall be provided a = plot plan by a registered engineer, architect or qualified planner, complete in detail and showing the following: A. Location and legal description. B. Entrance to and exits from the court. , C. Vehicular roadways, driveways and pedestrian walks. D. Design, showing size and arrangement of mobile home lots and stands, location of roadways, service and utility buildings. E. Topography of two (2) foot contour intervals. space. F . storage, and off street parking. Fencing and screen planting on the premises. H. Provisions for trash and garbage removal. I. Gas, electric and phone service connections to each space; • service connection shall be underground. J. Provisions for the lighting of roadways, driveways and pedestrian walks. K. Water and sewer availability and distribution lines to each '"••1 : • I LI 11 I A-3 Area set aside for recreation, clothes washing and drying, 1! , ;:- ' A -35 A. The minimum free - standing district shall not be less than five (5) acres, and the density of mobile homes shall not be greater than fourteen (i4) to the net acre. Net acreage is defined as the acreage remain- ing after the deduction of the areas set forth for storage, recreation, clothes drying, garbage and trash collection points, utility and service building areas and spaced, roadways, driveways, walkways and off street park- ing areas. B. jWhen considering a zone change for mobile home courts, the Zoning Commission shall consider the following requirements: (1) The District shall be allowed only abutting adequate streets and highways not less than sixty (60) feet wide. (2) Due consideration shall be given to the environmental factors involved, in order that liveability may be secured and any adverse effects to surrounding pro- perty values or uses eliminated. (3) In construing liveability, recognition shall be given to the environmental setting of mobile home lots, the availability of schools and shopping facilities, and the nature of the abutting zone districts. (4) The applicant shall consult with the school district' officials and secure a written statement to be sub - m mitted with the application as to the impact on the school district caused by the increased number of school children from the increased residential den - sity of the mobile home court. • A-36 • • (5) In no instance shall ' a mobile home district be created in an area where it would be coipletely sur- rounded by single family residences or single family zone district, nor in an area where the entrance and exits would front on a single family zone district. • (6) The court shall be so arranged that all mobile home lots • and accessory buildings shall face on an interior roadwal Any lots abutting a dedicated public right- of-way shall be fenced and screen planted. SECTION 7. 128 R-M-H MOBILE HOME RESIDENCE DISTRICT PERMISSIBLE USES 19-902, 19-903 In the R-M-H Mobile Home Redidence District no building or premises shall be used and no building shall be hereafter erected or struc- turally altered except for one of the following purposes: A. Mobile homes B. Accessoy buildings and uses incidental to and in conformance with the above use. •.• C.' Schools, public and parochial 0. .Churches E. Signs for permitted uses as required by section 7, 153.• SECTION.n.129 R-M-H MOBILE HOME RESIDENCE DISTRICT • MOBILE HOME COURT REQUIREMENTS :19-901 A. Minimum width - shall be two hundred and fifty (250) feet. B. Miniinum front yard set backs shall be twenty-five (25) feet, except : when it fronts on a State or Federal highway the minimum shall be • - fifty (50) feet. • ,..tqWW• • M4-NY'•= . - •••414110:*•4.'...”`‘.":, \'''""=" •• •. . , • • l• . C. Minimum side yard set backs shall be ten (10) feet along interior lot lines, and fifteen (15) along public side streets, except if side street is a State or bderal highway the minimum shall be twenty-five (25) feet. D. Minimum rear yard set back shall be fifteen (15) feet, except when the rear yard abuts a dedicated public right-of-way, the minimum shall be twenty-five (25) feet. SECTION 7. 130 R-M-H MOBILE HOME RESIDENCE DISTRICT MOBILE HOME LOT REQUIREMENTS 19-901 A. Milli-MUM area: (1) A maximum of twenty (20) percent of the total lots may be twenty-four hundred (2,400) square. feet. (2) A minimum of seventy (70) percent of the total lots must be twenty-eight hundred (2,800) square feet. (3) A minimum of ten (10) percent of the total lots must be thirty-two hundred (3,200) square feet. B. Minimum width of mobile home lot at set back line shall be forty (40) feet. C. Minimum front yard set back of lot Ithis shall mean the entry side of the mobile home) shall be twenty-five (25) feet. D. Minimum end yards set back of lot for yards with double frontages (these are considered as the front and rear of the mobile home) shall be eight (8) feet at each end. E. Minimum rear yard det back .of lot shall be five (5) feet along interior lot lines. • • • . A-37 roadway. F. Minimum side yards shall be ten (10) feet along the street side of interior roadways or driveways. SECTION 7.''131 R -M -H MOBILE HOME RESIDENCE DISTRICT HEIGHT REGULATIONS 19 -901 A. Maximum height of mobile homes shall be sixteen (16) feet. B. Maximum height of accessory buildings shall be thirty -five (35) feet. SECTION 7. 132 'R -M -H MOBILE HOME RESIDENCE DISTRICT COURT ACCESSORY BUILDING SET BACKCS. 19 -901 A. Minimum front yard shall be fifty (50) feet. B. Minimum side yard shall be-fifteen (15) feet. C. Minimum rear yard shall be fifteen (15) feet, except if backing onto a dedicated public right -of -way, shall be twenty -five (25) feet. SECTION 7. 133 R -M -H MOBILE HOME RESIDENCE DISTRICT GENERAL RULES 19 -901 A.' No mobile home shall be parked closer than eight (8) feet to a private interior roadway, provided, however, it must have access to said B. Entrance and exit roadways shall connect to a dedicated public right -of -way and shall not be less than thirty -six (36) feet wide from flow line to flow line. Private circulation roadways or driveways shall be continuous, shall connect to entrance and exit roadways, and shall not be less than thirty -six (36) feet wide. Interior roadways and drive- ways shall be twenty -eight (28) feet wide, back to back. All roadways or driveways shall be hard surfaced with asphalt or concrete. A -38 C. For each mobile home lot there shall be provided: (1) Recreational area in the amount of three hundred (300) square feet. (2) Clothes drying space in the amount of fifty (50) square feet (in the event mechanical clothes dryers are provided this provision may be reduced fifty (50) percent) . (3) One off street parking. space for each lot.. D. Service and utility buildings and appurtenances, garbage and trash containers, racks and rack locations, rodent and insect control, water and sewage provisions must meet with the approval of the Washington: County Health Department. E. Wheels shall not .be removed,from any mobile home, except . for a reasonable period of time for repair purposes, and no permanent attach- . ments shall be added to the mobile homes. F. Signs for permitted uses as .required by sect±on 7. 153. SECTION 7. 134 C -1 COMMERCIAL DISTRICT PERMISSIBLE USES 19 -902, 19-903 In the C Commercial Distract no building or premises shall be used and no building shall.be hereafter erected or structurally altered except for one of the following purposes: A. Hotels, motels, restaurants, taverns and package liquor stores. B. Medical and dental clinics. C. Banks. D.. Laundry and dry cleaning establishments. A -39 E. Barber shop, beauty parlor, chiropody, massage or similar personal service shops. F. Business or commercial schools and dancing or music academies. G. Launderette. H. Messenger and telegraph service stations. I. Offices. J. Custom dressmaking, millinery, tailoring, shoe repairing, household utility articles or similar trade. K. Store or shop for the conduct of a retail business subject to the following limitations: In a retail store where bakery goo*,confec- tions, delicatessen or other food products are sold, all food that is prepared upon the premises shall be sold at retail thereon, and provided further, that there shall beno slaughtering of'animals or poultry upon the premises. L. Photographer. M. Bicycles sales and repair shop, N. Shop for the repair of electrical and radio equipment and other similar commodities, and not involving the conduct of any manu- facturing on the premises. 0. Key shops. P. Theaters. Q. Printing shops. R. Upholstery shops not involving any furniture manufacturing.. S. Plumbing, heating and electric shops or .stores; not more than ten (10) percent of the lot or tract occupied by such establishment shall he used for the open storage of materials or equipment. A-40 T. 'Local service store when used to supply a service to resi- dents in the surrounding area, but involving no manufacturing on pre -.' raises and where the treatment of- materials us such that the noise, dust, odor, gas, or smoke resulting from the processor treatment :Will not be objectionable to the surrounding residence districts. U. Membership clubs. V. Places of assembly. W. Undertaking establishments. X. Tire store sales and service but not including vulcanizing on the premises. Y. New and used automobile sales and storage lots. Z. Filling stations and automobile repair garages. A.N. Bowling alleys. . BB. Accessory buildings and uses customarily incident to uses permitted in this district. CC. Signs for permitted uses as required by section 7. 153. SECTION 7. 135 C -1 COMMERCIAL DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, no s Uucture shall exceed six (6) stories or seventy -five (75) feet in height. SECTION 7. 136 C -i COMMERCIAL DISTRICT AREA REGULATIONS 19 -901 . There are no ininimum area requirements., SECTION 7. 137 C -2 HIGHWAY COMMERCIAL DISTRICT PERMISSIBLE USES 19- 902 19 -903 In the C -2 H bway Commercial District no building or premises •A -41 shall be used and no building• shall be hereafter erected :or structurally al.. tered except for one of the following purposes:.: A. New and used automobile sales and storage lots. B. Undertaking establishments. C. Filling stations and automobile repair garages. D. Truck stops. t. The store sales and service including vulcanizing, involving no manufacturing on the premises. F. Food storage lockers not including slaughtering on the premises. G. Milk distributing stations,' but not involving bottling on the premises. I. Hotels and motels. 1. Commercial recreation, including bowling alleys, drive -in theaters, dance halls, skating rinks, restaurants and refreshment stands, golf driving ranges and miniature golf courses. K. Retail stores for the sale of automobile parts and acces -' sories, souvenirs, curios, film, magazines' and other products customarily sold to meet the needs'of the motoring public, but not including junk, salvage, or automobile. wrecking yards. L. Taverns and package liquor stores. M. . Equipment sales and storage. N. Accessory buildings and uses customarily incident to uses permitted in this district. 0. Signs for permitted uses as required by section 7. 153. A--42 SECTION 7. C -2 'HIGHWAY COMMERCIAL DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, no structure shall exceed three (3) stories or forty -five (45) feet in height. SECTION 7. 139 C -2 HIGHWAY COMMERCIAL DISTRICT AREA REGULATIONS 19 -901 Subject to the modifications set forth in section 7. 153, the area regulations are as follows: A. There are no minimum requirements for floor area, lot area or lot frontage. B. Minimum Front Yard. Measured from the front property line there shall be a front yard of not less that fifty . (50) feet, except for motor fuel pumps which may be erected twenty -five (25) feet from the front line except on a State or Federal highway it shall be fifty (50) feet. C. Minimum Rear Yard. , A rear yard is not required except where a lot abuts upon a residence district, in which case there shall be a rear yard of not less than twenty (20) feet in depth for a two story building • or less than thirty (30) feet in depth for a three story building. D. Minimum Side Yard. No side yard is required, except on corner lots, in which case there shall be a side yard of not less than fif- teen (15) feet on the street side. If the street side is a State or. Federal highway the side yard shall be twenty -five (25) feet. SECTION 7, 140 1 -1 LIGHT INDUSTRIAL DISTRICT PERMISSIBLE USES. 19 -902, 19 -903 In the.I -1 Light Industrial District no building premises shall A -43 4 C. Builders supply yards, sale of cement and concrete products, and lumber yards. D. Dairy processing and distribution plants. E. Bottling works. F. Ice and Cold storage plants. G. Machine roofing and sheet metal shops. H. Storage warehouses. be used and no building shal], be hereafter erected or structurally altered except for oneaof the following purposes: A. Any use permitted in the C -1 Commercial District or C -2 Highway Commercial District as stated therefor. B. Any kind of scientific researdh or manufacture compound- ing, assembling, processing or treatment of products provided the follow- ing limitations are placed on all such uses: (1) All permitted uses shall be operated entirely within a complete enclosed structure.. (2) . Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations . shall be confined to the premises of the lot upon which such use is located. Proof of non - compliance shall be determined by measurements taken by standardized measurements and standardized instruments. If found to be in violation, the cost of said work and measurements shall be borne by the occupant. (3) Travel and parking portions . of the lot shall be sur- faced with asphalt, concrete or equivalent paving. A -44 A -45 I. Storage of oil, gasoline and petroleum products -- limited to one thousand (1,000) gallons above grade. J. Accessory buildings and uses customarily incident to uses permitted in this district. K. Signs for permitted uses as required by section 7. 153. SECTION 7. 141 I -1 LIGHT INDUSTRIAL DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, no structure shall exceed three (3) stories or forty -five (45) feet in height. SECTION 7. 142 I -1 LIGHT INDUSTRIAL DISTRICT AREA REGULATIONS 19 -901 There are no minimum area requirements except as may be specified by the Planning Commission. SECTION 7. 143 1 -2 HEAVY INDUSTRIAL DISTRICT PERM[SSIBLE USES 19 -902, 19 -903 In the 1 -2 Heavy Industrial District no building or premises shall be used and no building shall be hereafter erected or structurally altered except for - one of the following purposes: A. Any use permitted in the I-1 District as stated therefor. B. Any industrial or manufacturing operations provided the following limitations are placed on all such uses: (1) Unusual amounts of dust, fumes, odors, smoke, vapor, noise, lights and vibration shall be confined within the 1 -2 District. Proof of non - compliance shall be determined by measurements taken by standardized measurements and standardized instruments. If found to be in violation, the cost of said work and measurements shall be borne by the occupant. (2) Outdoor storage, equipmentt. and refuse areas shall be concealed from view from abutting rights -of -way and adjoining residential districts. C. Junk yards, providing they are enclosed by a solid wall or fence at least six (6) feet high. D. Accessory buildings and uses customarily incident to uses permitted in this district. E. 'Signs for permitted 'uses as required by section 7. 153. SECTION 7: 144. 1 -2 HEAVY INDUSTRIAL DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in section 7. 153, no structure shall exceed three (3) stories or forty -five (4.5) feet in height.. SECTION 7. 145 1-2 HEAVY INDUSTRIAL DISTRICT AREA REGULATIONS. 19 -901 There are no minimum area requirements except as may be specified by the Planning Commission. SECTION 7. 14.6 1-3 INDUSTRIAL PARK DISTRICT PERMISSIBLE USES 19.902, 19 -903 Said premises or buildings shall, not be used or occupied at any time for any purpose other than for the purposes of manufacturing, whole- saling, retailing associated with wholesaling, jobbing, warehousing or business designated by the City Council to be of a kindred nature, which will have need for the facilities furnished. No building shall be erected, A -46 • reconstructed, or structually altered for residential purposes except for resident watchmen and caretakers employed on the premises. Included are all uses permitted in the I -1 District. Prior to construction of a build- ing a plot plan shall be submitted to the Planning Commission for approval. SECTION 7. 147 I -3 INDUSTRIAL PARK DISTRICT FUMES, ODOR AND NOISE REGULATIONS 19 -901, 19 -903 No noxious or offensive trade or activity shall be carried on nor shall anythings be done thereon which may be or may become an annoy- ance or nuisance by reason of unsightliness or excessive emission of odors, dust, fumes, smoke or noise. Proof of non - compliance shall be determined by measurements taken by standardized measurements and standardized instruments. If found to be in violation the cost of said work and measurements shall be borne by the occupant. SECTION 7. 148 I -3 INDUSTRIAL PARK DISTRICT LANDSCAPING 19 -901 Required yards are to be used either for open landscape or for off- street surfaced parking areas. If the said yard area is to be landscaped, it shall be done attractively with lawn, trees, shrubs, etc., and according to the plans first approved in writing by the puilding Inspector. Any landscaped areas shall be properly maintained thereafter in a sightly and well -kept condition. Parking areas shall likewise be maintained in good condition. SECTION 7, 149 I -3 INDUSTRIAL PARK DISTRICT STORAGE FACILITIES 19 -902 A. No materials or supplies shall be stored or permitted to A -47 remain on any part of the property outside the buildings constructed thereon. ' B. Semi - finished products stored on the property shall be con - i fined to the rear one -half of the property. C. Any finished products maybe displayed on the outside of the building except in the required front yards. SECTION 7. 150 I -3 INDUSTRIAL PARK DISTRICT LOADING DOCKS 19 -901 No loading dock or loading area shall be constructed fronting on a designated street or highway unless ample space is provided between such loading dock and the nearest street right -of -way line for loading and unload- ing of trucks, trailers or other vehicles. SECTION 7. 151 I -3 INDUSTRIAL PARK DISTRICT HEIGHT REGULATIONS 19 -901 Except as provided in Section 7. 153 no structure shall exceed three (3) stories or forty -five (45). feet in height. SECTION 7. 152 I -3 INDUSTRIAL PARK DISTRICT AREA REGULATIONS 19 -901 A. There shall be no restrictions on floor areas or lot frontages. B. Minimum Front Yard. Measured. from the front property line there shall be a front yard of not less than ten (10) feet. Where lots have double frontage the required front yard shall be provided on both streets. C. Minimum Rear Yard. Measured from the rear'property line there shall be a rear yard of ten (10) feet, except where a rear property line adjoins a dedicated alley or easement no rear yard is required. D. Minimum Side Yard. Measured from the side property line there shall be side yards of not less than ten (10) feet. A -48 j ` E. An industrial park shall have a. minimum area Of ten. (10) acres. SECTION 7. 153 SPECIAL REGULATIONS 19 -901, 19 -902, 19 -903 A. Off- Sttreet Parking and U'nloadin. No building shall be erected enlarged to the extent of increasing the floor area by as much as fifty (50) percent, or changed in use unless there is provided on the lot, space for the parking of automobiles or trucks in accorance with the following min- imum requirements: (1) Bowling alley: five (5) parking spaces for each alley, (2) Business, professional or public office building, studio, bank, medical of dental clinic: three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000). (3) Church: one (1) parking space for each eight (8) seats in the main auditorium. (4) College or school:. one (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater. (5) Community center, library or museum: ten (10) park - ing spaces plus one (1) additional space for each three hundred (300) feet of floor area in excess of two thousand (2,000) square feet. (6) Dwellings (Single or Multiple): one (1) parking space for each dwelling unit. (7) Hospital, sanitarium, home for the aged, or similar in- A -49 stitution: one (1) parking space for each three. (3) beds. (8) Hotel: one (1) parking space for each three (3) sleep- ing rooms or suites plus one (1) space for each 'two hundred (200) square feet -of commercial floor area contained therein. (9) Manufacturing or industrial, establishment, research or testing laboratory, creamery, • bottling plant, ware- house or similar establishment: one (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith. (10) Mortuary or funeral home: one ' . (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms. (11) Private club or lodge: five (5) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor area in activity and meeting roams, (12) Restaurant, night club, cafe or similar recreation or amusement establishment: one (1) parking space for each one hundred (100) square feet of floor area. (13) 'Retail store or personal service establishment: one (1) parking space for each two hundred (200) square feet, of floor area. (14) Rooming house, lodging house, fraternity or sorority: one (1) parking space for each two (2) beds. A -50 • • J (15) Sports arena, stadium or gymnasium (except school): one (1) parking space for each five (5) seats or bench seating spaces. (16) Theater or auditorium (except school) : one (1) park- ing space for each five (5) seats or bench seating spaces. B. Signs. The following regulations shall govern the location, area and type of signs permitted within the City and its jurisdictional area. (1) General sign requirements: (a) All signs shall be structurally safe and shall be securely anchored or otherwise fastened, sus -_ pended, or supported so that they will not be a menace to the safety of persons or property. (b) No sign, outdoor commercial advertising device or lighting device constituting a nuisance to an adjacent residential district because of lighting glare, focus, animation or flashing of a sign, lighting or advertising device shall be erected or continued in operation. ((c) No "revolving beacon" or "fountain" signs shall be permitted in any district. (d) No sign in any district shall conflict in any manner with the clear and obvious appearance of public devices controlling public traffic. (e) Ground signs shall not be located on public • A -51 A -52 property except by specific approval of the governing body. (f) Temporary signs or banners on or over public property may be authorized by the governing body for a period not to exceed ten (10) days. (g) Signs projecting over a'street, alley, or other public space shall project not more than ten (10) feet and be no closer than two (2) feet to a plumbline from curbline; clearance below such signs shall be a minimum of nine (9) feet. (h) Roadside market signs advertising produce grown and sold on the premises on which they are located. Said signs shall not remain continuously erected more than six (6) months of any calendar year. (i) It is prohibited to erect, paint or attach any notice, political poster or handbill, advertisement br any other sign upon any power or telephone pole, bridge, fire hydrant, official public sign, or in any portion of a public right -of -way. (2) Residential district (a) One (1) identification sign shall be permitted per residential use provided such sign does not exceed two (2) square feet in area; said sign may be wall, pedestal, ground or projecting type (but not projecting over public property). (b) One sign of a temporary nature, such as "for sale" or "for rent" shall be permitted per resi- dential use provided such sign does not exceed six (6) square feet and is not lighted; said sign may be wall, pedestal or ground type. (3) Agricultural district: (a) (b) A -53 Highway bill boards, or other such highway oriented advertising devices shall be permitted, provided such signs and devices are located at least one thousand .(1,000) feet from any existing advertising sign or device, regardless of political boundaries, width of rights -of -way, existing highways, streets, roads or easements. Prior to construction of any highway billboard or other such highway oriented advertising device, an Outdoor Advertising Structure Permit shall be obtained from the Building ,Inspector. Said permit shall be for a one CO year term. Permit for all or any portion of a year shall be considered a permit for a full year. Said permit shall be renewed annually on or before December 31, pro- vided that such renewal would not be adverse to the pulbic health, safety or welfare. If the Building Inspector judges any sign to be in poor repair, not properly located, obstructing public right -of -way, or in any way adjudged to constitute a public hazard or nuisance, said sign may be removed by the Building Inspector. Permits shall be clearly visible and firmly attached to lower one - fourth of the sign, and located four (4) feet above ground level. The fee for said Outdoor Advertising Structure Permit shall be $1Q.00 plus 50 per, square foot for each sign having a total face advertising area of thirty -two (32) square feet or more. The fee for each renewal of an Outdoor Advertising Structure Permit shall. be $10.00. (4) Public or semi- public uses. One identification sign shall be permitted per public or semi-public use provided such sign does not exceed twenty (20) square feet, in area; said sign may be wall, pedestal, ground or projecting type. (5) Cwt, C-2, I-1, 1 -2 and 1 -3 districts. No restrictions except the general sign requirements of section 7.153B(1) above. C. Additional Height and Area Regulations: (1) Public, semi - public, or public service buildings, hospi- tals, institutions, or schools, when permitted in a dis- trict, may be erected to a height not exceeding sixty (60) feet, and churches may be erected to a height not • A -5+# • I' exceeding seventy -five (75) feet, provided that the front yard depth shall, be thirty (30D percent in excess of those specified in these regulations, and further provided that the, side yards of an interior lot shall be twenty (20) feet and side yard on a corner lot shall be equal to the front yard requirements as stated hereinabove. (2) Chimneys, church steeples, cabling towers, elevator bulkheads, fire . towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, orna- mental towers, ppires, wireless towers, grain ele- vators, or necessary mechanical appurtenances, are 'exempt . from the height regulations,as herein contained. (3) Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty (30) percent of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage.is entered from_an alley at right angles, it shall not be located closer than ten (10) feet to the alley line. If a garage•is located closer than ten (10) feet to main building, the garage shall be regarded as a part of the main building for the, purposes of determining . side and rear yards. '• A -55 • No accessory building shall be constructed upon a. lot until the construction of the main building has been actually commenced, and no accessory building shall ,,beuused far dwelling purposes other than by domestic servants employed entirely on the premises.. (5) Every part of a required yard shall be open t� the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornamental features which are not to exceed twelve (12) inches.. (6) 1'o) basement or cellar shall be occupied for residential • purposes until the remainder of the building has "been. substantially completed. (7) Open - lattice enclosed fire escapes, fireproof outside stairways, and 'balconies opening upon fire towers, and ordinary projections of chimneys and flues into the .rear yard may be permitted by the Building Inspector for a distance of not more than three and, one -half (3 -1/2) feet and where the same are "so placed as not?Y 'to Obstruct light and ventilation. (8) An open unenclosed parch or .paved terrace may project into a front yard for' a distance not exceeding ten (1©) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet. (9) Terraces, uncovered porches, platforms and ornamental (4) A -56 • features' which do not extend more than three (3) feet above the floor level: of the ground story may pro- ject into a required yard provided these projections be at least two (2) feet from the adjacent side lot lines. (10) For the purpose . of the,side yard regulations, a two family dwelling, or a multiple dwelling shall be con- sidered as one building occupying one lot. (11) Where a lot or tract is used for farming or for a com- mereial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space require- ments around the lot for the district in which the lot or tract is located. (12) In the event that a lot is to be occupied by a group of two or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one main building on the lot provided, however, that the open space between buildings that are parallel or within forty -five (45) degrees of being;}parkl- lel, shall have a minimum dimension of twenty (2p) feet for one (1) story buildings, thirty (30) feet for two (2) story buildings, and forty (40) feet for three (3) or four (4) story buildings. ( Where an open space is more than fifty (50) percent sur- rounded by a building, the minimum width of the oPen A -57 1 • : • . Space shall be at least twenty.(20)feet for one (1) story buildings, thirty (30) feet for twd (2) :st buildings, and forty (40) •feet for three (3) or four. (4) story buildings. 00 Where lots have double frontage, the required front.. yards shall be provided on both streets. (15) The required on the street side of a corner lot shall be one-half the required frontyard on such street, provided that:no adjacent structures front onn the same street, in which pose the entire required • front yard must be.provided,-except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street. (16) The front yards heretofore established shall be adjusted in the following cases: (a) Where, forty (40) percent or more of the frontage on the same side of .a street between two inter- secting streets is developed with two or more buildings that have (with a variation of five (5) feet or less) a front yard greater in depth than herein required., new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line. A-58 • SECTION 7. 154 VACATIONS (b) Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with two or more buildings that have a front yard of less depth than herein required, then: Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings "both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on each side;. or, Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building. Whenever any street, alley or other public way is vacated by official action of the City Council of the City of Blair, the zoning district adjoining each side of such street, alley or public way shall lie auto- matically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended district. SECTION 7. 155 ANNEXATION OF ADDITIONAL TERRITORY Whenever any territory is added to the,city limits of the City of Blair, plans for said annexation shall be presented to the City Planning and/or Zoning Commission for land use and zoning recommendations and the Mayor and Council in•the ordinance providing for its addition to the City A -59 shall designate the district or districts in which it is included and it shall be governed by the provisions of the section governing the district to which it is attached and in the absence of the adoption of such resolution such territory when annexed shall automatically become a part of the R -S Residence District. SECTION 7: 156 NON - CONFORMING USES A. Existing Uses. The lawful use of a building and premises existing at the time of the effective date of these regulations may be continued although such use does not conform to the provisions hereof, but if such use or occupancy is discontinued for a period of more than one CO year, any . subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.. B. Change of Regulations, District or Use. Whenever the use of a building becomes a non - conforming use through a change in the Zoning Regulations or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another non - conforming use of the same or of a more restricted classification. Whenever a non- conforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. No existing building devoted to a'use not permitted by these regulations in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended or reconstruc- ted unless such use is changed to a use permitted in the district in which such building is located. However, in order to provide for off street park- ing and off street loading, a non - conforming use of either building or land may be expanded by enlargement of either the building or land area by not A -60 } more than twenty- five,(25) percent of its size existing at the time of adoption of these regulations. C. Non - conforming Use Destroyed or Damaged. When a building, the use of which does not conform to the provisions of these regulations, is damaged by fire,` explosion, act of God, or the public enemy, to the extent of its assessed valuation as shown in the office of the County Assessor of Washington County, Nebraska, it shall not be restored except in conformity with the district regulations of the district in which the build- ing is situated. D. Unlawful Use Not Authorized. Nothing in these regulations shall be interpreted as authorization for, or approval of, the continuance of the use of the building or premises in violation of any regulations in effect at the time of the effective date of these regulations. SECTION 7. 157 BUILDING ZONES: CHANGES: PROTEST: NOTICE 19 -905 The regulations, restrictions and zoning boundaries established by this article may from time to time be amended, supplemented, changed, modified or repealed. In case of a protest against such change signed: by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the sides and in the rear thereof extending one hundred (100) feet therefrom, and of those directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three - fourths (3/4) of all the members of the Board of Adjustment. No such proposed change shall become effective until after a public hearing in relation thereto at A -61 which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be given by publication thereof in the official newspaper of said City at least one (1) time ten (10) days prior to such hearing. In addition to the publi- cation of the notice, as aforesaid, a notice shall - be posted in a conspicuous place on or near the property on which action is pending. Such posted notice shall not be less than eighteen (18) inches in height and twenty - four (24) inches in width with a white or yellow background and blbak letters not less than one and one -half (1 -1/2) inches in height. Such posted notice shall be so placed upon such premises that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such bearing. It shall be unlawful for anyone to remove, mutilate, destroy or change such posted notice prior such hearing and any person so doing shall be deemed guilty of a misdemeanor. If the record title owners of any lots included in such proposed change be non - residents of the municipality, then _ a written notice of such hearing shall be mailed by certified mail to them addressed to their last known addresses at least ten (10) days prior to such hearing, • A -62 ARTICLE 2. BOARD OF ADJUSTMENT SECTION 7. 201 CITY COUNCIL TO BE BOARD OF ADJUSTMENT 19 -911 The City Council of the City of Blair shall constitute the Board of Adjustment. SECTION 7. 202 MEETINGS AND PROCEEDINGS OF THE - BOARD OF ADJUSTMENT 19 -907, 19 -908 The meetings of the Board of Adjustment shall beheld on the second and fourth Tuesdays of each calendar month at 7:30 o'clock P.M., and the quorum re- quired and necessary for City' meetings shall constitute a quorum for the meetings and transaction of business of the Board of Adjustment. The meet - ings of said Board shall be publie. Said Board shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. Said Board shall keep records of its examinations and other official actions, which shall be filed in the office of the City Clerk. SECTION 7. 203 APPEALS TO THE BOARD 19 -909 Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Inspector. Such appeal shall be taken within thirty days, by filing with the Officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all the paper constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of the facts stated A -63 1 in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Court of Record on application on notice to the Building Inspector and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within thirty days. Upon the hearing any party may appear in person or by agent or by attorney. A fee of ten dollars ($10.00) shall be paid to the City Clerk at the time the notice of appeal is filed to be credited to. the General Fund of the City of Blair. SECTION 7. 204 POWERS OF THE BOARD 19 -910 The Board of Adjustment shall have the following powers: A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or sound- ness of structures. B. To hear and decide, in accordance with the provisions of any regulation, requests for special exemptions or variances, or for the interpretation of any map, or for decisions upon other special ques- tions upon which the Board is authorized by any such regulation to pass. C. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the Zoning Regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the Zoning Regulations would result A -64 in peculiar and exceptional practical difficulties to, or exeeutional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship of such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of the Zoning Regulations. No such ance shall be authorized by the Board unless it finds that: CO The strict application of the Zoning Regulations would produce undue hardship; (2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; (3) The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and (4) The granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice. No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably prac- ticable the formulation of a general regulation to be adopted as an amend- ment to the Zoning Regulations. In exercising the above mentioned powers .such Board may, in conformity with the provisions of said sections, reserve A -65 or affirm, wholly or partly, or may modify the order, requirement decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of two- thirds (2/3O of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under the Zoning Regulations or to effect any variation of the Zoning Regulations. SECTION 7. 205 APPEAL FROM BOARD OF ADJUSTMENT TO DISTRICT COURT 19 -912 Appeals from any decision of the Board may be taken and prosecuted to the District Court of Washington County, Nebraska pursuant to the pro- visions of Section 19 -912 Revised Statutes of Nebraska for 1943 as now existing or hereafter amended. ARTICLE 3. OCCUPANCY PERMITS SECTION 7. 301 PERMITS Subsequent to the effective date of the Zoning Regulations, no change in use or occupancy of land nor any change of use or occupancy in an existing building other than for single family and two family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. Every: certificate of occupancy shall state that the new occupancy complies with all provisions of the Zoning Regulations. SECTION 7. 302 APPLICATION No permit for.excavation for, nor the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. SECTION 7. 303 CERTIFICATE OF OCCUPANCY FOR NON - CONFORMING USES A certificate of occupancy shall be required of all lawful non - conforming use of land or buildings created at the time of passage of the Zoning Regulations. Application for such certificates of occupancy for' non - conforming uses shall be filed with the Building Inspector by, the owner or lessee of the land or building occupied by such non - conforming use within two years from the effective date of the Zoning Regulations. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a lawful non - conforming use. But failure to apply for such certificate of occupancy for non - conforming use, or failure of the Building Inspector to issue such certificate of occupancy for non - conforming use, A -67 may be considered evidence that such non- conforming use did not lawfully exist at the effective date of the Zoning Regulations. SECTION 7. 304 RECORDS A record of all certificates of occupancy shall be kept on file in the Office of the Building Inspector, and copies shall be furnished on request to any person having -a proprietary or tenancy interest in land or building affected by such certificate of occupancy. - A -68 SECTION 7. 401 CREATION OF OFFICE There be and is hereby created in the City of Blair, Washington County, "Nebraska, the Office of Building Inspector, who shall" be appoin- ted by the Mayor and confirmed by the City Council at such salary and compensation as the Mayor and City Council shall determine. SECTION 7. 402 POWERS AND DUTIES OP INSPECTOR The duties of the Building Inspector shall be generally, the in- spection of the erection or alteration of buildings within the City. Be shall also be charged with the enforcements of all regulations in connection with the building of buildings -, alteration of buildings or the moving of buildings within the City. He is hereby empowered to file complaints against any person, persons, firm or corporation forciolating any of the provisions of any of the regulations over which he has by these regula- tions been granted jurisdiction, and he shall request the City Attorney of said City to prosecute such violation without unnecessary delay. He shall be charged with such further duties as may from time to time be allotted to him by the Mayor and City Council. The final determination of the Building Inspector may at all times be reviewed upon appeal to the Mayor and City Council. ARTICLE 4'. BUILDING INSPECTOR j SECTION 7.'501 APPLICATION therefor as hereinafter provided. ARTICLE 5. BUILDING PERMITS Any person 'or persons intending to construct, re- construct or re- locate a building or other structure or addition thereto shall, before proceeding with said work, or commencing any excavation in connection therewith, file in the office of the City Clerk a written application in duplicate designating the kind of building, structure or addition which he intends to erect or make, materials of which the same is to be composed, and the legal description and location of the real estate, the part or portion of the real estate to be occupied by the building, other structure or addi- tion, or improvement, the probable cost thereof and a detailed description of the type of construction and material used therein, and especially in each chimney, smoke stack, flue and fireplace to be erected or constructed in connection therewith, together with such additional plans and specifica- tions as may be required by the City Clerk`; and shall obtain a permit SECTION 7. 502 PLATS Each application for a building permit shall be accompanied by a plat showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of the Building Regu- lations. A record of applications and plats shall be kept in the Office of the Building Inspector. SECTION 7. 503 APPLICATION. APPROVAL AND REQUIREMENTS The application shall be filed in the Office of the City Clerk and A -70 shall be referred forthwith by the City Clerk to the Building Inspector who shall thereupon make due investigation. If it is found that the proposed work will conform to the Statutes of the State of Nebraska and the ordin- ances and regulations of the City of Blair, and that no good cause of any nature exists why said work should not be done, said Inspector shall thereupon approve said application and make due return thereof to the Office of the City Clerk. The City Clerk shall then issue the permit. SECTION 7. 504 BUILDING PERMIT FEE The fees to be charged for building permits from and after the passage of these regulations shall be as follows: A. For work costing less than $50.00 No Fee B. For work costing from $50.00 to $400.00 $3.00 C. For work costing from $400.00 to $5,000.00 $6.00 D. For work costing over $5,000.00 $6.00 plus $1.00 for each additional $1,000.00 of cost, provided that the maximum fee charged hereunder shall be $100.00 SECTION 7.505 BUILDING PERMITS: EXPIRATION Any building permit under which no construction work has been commenced within six months after the date of issue of said permit or under which the proposed construction has not been completed within two (2) years of the date of issue shall expire by limitation and no work or operation shall take place under such permit after such expiration. Upon payment of ten cents ($0.10) per month on each one thousand (1,000) dollars A -71' ARTICLE 6. CODES SECTION 7. ADOPTION OF STANDARD BUILDING CODES 18 -132 • The National Building Code, as published and recommended by the American Insurance Association, 1967 Abbreviated Edition, together with any amendments hereafter made thereto, and the Uniform Housing Code (1964) as published by the International Conference of Building Officials, and amendments thereto, and the National Electric Code (1968)• as published by the National Fire Protection Association and amendments thereto, and the National Plumbing Code, Illustrated (1960) as published by Manas Publications, and amendments thereto, and the Proposed American Standard for Installation of Gas Piping and Gas Appliances in Buildings (1960) of American Gas Association, Inc. and amendments thereto, three copies of each being on file with the City Clerk, are hereby incorporated into and made a part of these regulations as though spread at large herein and are adopted as standards of proper building construction. In construing the subject matter incorporated by reference herein, if any part of said sub- ject matter shall conflict so that it cannot be reconciled with any other regulations duly enacted by the City, the provisions of said regulations which legislate directly and specifically upon the precise .matter in question shall prevail. A -73 ARTICLE 7. FIRE LIMITS SECTION 7'.'701 FIRE LIMITS: DEFINED Fire limits are hereby prescribed and established in the City of Blair as all of the territory embraced within the C -1 Commercial District, the C -2 Highway Commercial District, the I -1 Light Industrial District, the 1 -2 Heavy Industrial District and I -3 Industrial Park District, as designated on the official zoning map of the said'City on file with the City Clerk. . SECTION 7. 702 REQUEST FOR BUILDING PERMIT APPLICATIONS IN FIRE ZONE 16 -222 All building permit applications for the erection, construction, reconstruction, conversion or alteration of buildings within::theffireaimits shall, in addition to the other requirements of this Chapter, be accompanied by detailed plans of such proposed construction. SECTION 7. 703 FIRE LIMITS: WOODEN OR COMBUSTIBLE STRUCTURES PROHIBITED 16 -222 It shall be unlawful for any person to erect, build or construct or cause to be erected, built or constructed, any wooden or combustible. structure or parts thereof or to enlarge any wooden or combustible struc- ture or to build any addition to any wooden or combustible structure within the fire limits as aforesaid. SECTION 7. 704 MOVING OF PROHIBITED BUILDINGS WITHIN FIRE LIMITS 16 -222 It shall be unlawful for any person to move any wooden or com- bustible building into the fire limits of said City or from one lot to another within said fire limits. A -74 SECTION 7. REMOVAL OF COMBUSTIBLE BUILDINGS DAMAGED BY CASUALTY 16 -222 Whenever any wooden or combustible building or structure within the fire limits shall be damaged by fire or other casualty to the extent of over 50% of its value, it shall not be rebuilt of combustible or other materials but shall be taken down and removed within thirty days from the date of the casualty. - SECTION 7. 706 ADOPTION OF FIRE CODES 18 -132 The following publications of the National Board of Fire Under- writers, three copies of each being on file with the City Clerk, are hereby incorporated into and made a part of these regulations as though spread at large herein and are adopted as standards of construction within the fire limits of the City;. Recommended Safe Practices for Retail and Wholesale Lumber Storage Yards (1961), Standard for Tank Vehicles for Flammable Liquids (1960), Standard for Installation of Gas Systems for Welding and Cutting (1960), Standard for Dry Cleaning Plants (1961) and Suggested Ordinance for Welding and Cutting Operators (1958), provided that as to said Suggested Ordinance the term used therein of "Chief:'of the. Bureau :of Fire Protection" shall mean the Chief of the Blair Fire Department, that the blank space in Section 8 shall refer to the Mayor and Council and that Sections 9, 10, and 11 thereof are not hereby adopted. SECTION 7. 707 COMBUSTIBLE BUILDING DEFINED The term "combustible buildings" as used in these regulations shall mean and refer to all buildings other than those constructed of . non - combustible materials as defined under the. terms "non - combustible " and "non - combustible construction" in the National Building Code on file with the City Clerk. A -75 ARTICLE 8. GENERAL PROVISIONS, LEGISLATIVE PROVISIONS, PENALTY SECTION 7. 801 INTERPRETATION. PURPOSE AND CONFLICT In interpreting and applying the provisions of the Building Regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended that sadd regulations interfere with or abrogate or annul any easements, covenants or other agree- ments between parties, • except that if said regulations impose a greater restriction, said regulations shall control. SECTION 7. 802 AMENDMENT 19 -904 The City Council may from time to time on its own motion or on petition, amend, supplement, change, modify or repeal .by ordinance the boundaries of Districts or regulations, or restrictions herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Planning Commission and/or Zoning Commission for its recommendations and report to be made within thirty (30) days thereafter. Said report shall contain the finding of the Commission(s) regarding the effect of the proposed amendment, supplement, change, mod- ification or repeal upon adjacent property and upon the Comprehensive Zoning Plan of the City of Blair. After the recommendations and report of the Commission(s) have been filed, the City Council shall, before en- acting any proposed amendment, supplement, change, modification, or repeal, hold a public hearing in relation thereto, giving notice of the time and place of such hearing, as provided in Section 7. 803 of this Article. Before any A -76 action shall be taken as provided in this Article, the party or parties proposing or recommending a change in the District Regulations or District Boundaries shall deposit with the City Clerk the sumeof twenty. dollars- ($20.00) to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the City Council. No deposit of money shall be required when any action is recommended by the City Council on its own motion or by any person or group officially designated to participate in the administration of these regulations. In the event the proposed amend- ment or change is denied by the Council, no new request shall be made for the same or substantially similar amendment of change wjthin one year of said denial thereof. SECTION 7. 803 NOTICE OF HEARING 19 -904, 19 -905 Hearing required under these regulations shall not be held until notice has been given in compliance with the following provisions: A. Notice of time and place of such hearing shall be given by publication thereof in a newspaper of general circulation in the City of Blair at least one (1) time ten (10) days prior to such hearing. It shall not be necessary to give further notice of adjourned or continued hearings. B. A notice shall be posted insa conspicuous place on or near the property upon which action is pending. Such notice shall not be less than eighteen (18) inches in height and twenty -four (24) inches in width with a white or yellow background and black letters not less than one and one -half (1 -1/2) inches in height. Such posted not3:ce2shal.libe 'asouplaced:. upon such premises that it is easily visible from the street and shall be A -77 posted at least ten (10) days before the date of such hearing. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearing. If the record title holders of any lots included in such proposed change be non - residents of the City then a written notice of such hearing shall be mailed by CertiZied Mail to . them, addressed to their last known address, at least ten (10) days prior to such hearing. C. In case, however, of a protest against.such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent on the side or in the rear thereof extending one hundred (100) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three - fourths (3/4) of all the members of the Council. SECTION 7. 804 ENFORCEMENT 16 -308 For the purpose of enforcing the provisions of this Chapter the Building Inspector shall have the powers of a police officer. The Build- ing Inspector may enter any building or premises for the purpose of inspection or to prevent violation of the provisions of this Chapter upon presentation of proper credentials. Appeals from a decision of the Build- ing Inspector may be made to the Board of Adjustment as provided in Article 2, Section 7.203. SECTION 7. 805 PURPOSES OF CATCH HEADS The catch heads appearing in connection with the foregoing articles A -78 and sections are inserted simply for convenience, to serve the purpose of { an index and they shall be wholly disregarded by any persons, officer, court or other tribunal in construing the terms and provisions of these regulations. SECTION 7. 806 VIOLATION AND PENALTY 19 -913 The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any'lbuilding or premises in or upon which such violation shall exist, shall be guilty of a misdameanor and shall be punished as specified by section 1. 109 of the Municipal Code of the City of Blair, Nebraska. Each and every day that such violation continues after notification may constitute a separate offence. In case any building or structure is erected, constructed, reconstructed, altered, repaired, con- verted, or maintained or any building structure or land is used in violation of these regulations, the appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building structure, or land shall be taken by the Building Inspector. SECTION 7 . 807 VALIDITY If any article, section, subsection, sentence, clause or phrase of the Building Regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of said regulations. A -79 2699 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P.M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL Blair, Nebraska March 23, 1971 The Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Lutz, Nelson, Pounds, Sheets and Sick were present. Councilman Kuhr was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Sheets and seconded by Council- man Hansen that the minutes of the proceedings of the Mayor and Council in thematter of the passage and approval of Ordinance No. 1015 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon; Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. ORDINANCE NO. 1015 Introduction of Ordinance No. 1015 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1015 of the City of Blair, Nebraska. This Ordinance No. 1015 was introduced by Councilman Pounds and is in words and figures as follows: ORDINANCE NO. 1015 AN ORDINANCE AMENDING SECTION 9.302 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA., RELATING TO ESTABLISHMENT OF THE OFFICE OF CITY POUNDMASTER; PROVIDING FOR HIS APPOINTMENT AND SALARY; SETTING FORTH HIS DUTIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 9.302 of the Municipal Code of the City of Blair, Nebraska, be and the same is hereby amended to readas follows: There is hereby established the office of City Poundmaster, who shall be �f the CitylCouncil, or a per year, payable monthly. master to impound dogs or city pound and to perform ordinance. SECTION 2. That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repe insofar as the same affect this ordinance. SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this °"twenty-third day of March, 1971. �• . Svendga, Ci . , Clerk _(SEAL) 2700 appointed by the Mayor by and with the consent majority of the same, at a salary of $1,200.00 It shall be the duty of the City Pound - other animals found running at large in the such other duties as are established by SUSPENSION OF RULES 'H. V. Simpson Iayor FIRST READING The M ;yor - 0 directed the Clerk to read by title Ordinance No. 1015 of the City of Blair, Nebraska. The Clerk there- upon read the aforesaid Ordinance No. 1015 by title upon its first reading. Whereupon Councilman Sheets moved that Ordinance No. 1015 be approved on its first reading and its title agreed to. Councilman Hansen seconded the motion and Councilman Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1015 approved on its first reading and its title agreed to. Whereupon it was moved by Councilman Sheets and seconded by Councilman Hansen that the Statutory Rules in regard to 2705 April 13, 1971 Blair, Nebraska OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session at the City Council Chambers at 7 :30 o'clock P. M. Mayor H. V. Simpson presided at the meeting, and City Clerk, L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll, and on roll call Councilman Allen, Hansen, Kuhr, Lutz, Nilson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the intr oduction of ordinances was now in order. It was moved by Councilman Pounds and seconded by Council- man Allen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1016 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebra',ska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large herein. Councilman Hansen called for the question. Mayor Simpson put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. Introduction of Ordinance No. 1016 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1016, which was introduced by Councilman Hansen and is in words and figures as follows: AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA; PROVIDING FOR THE MAKING, ADOPTION, AMENDMENT, EXTENSION, AND CARRYING OUT OF MUNI- CIPAL PLAN; PROVIDING FOR FULL PARTICIPATION BY THE CITY OF BLAIR, NEBRASKA, IN THE MIDEAST NEBRASKA REGIONAL PLANNING COMMISSION THROUGH THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The City of Blair is hereby authorized to make, adopt, amend, extend, and carry out a municipal plan as provided by law. SECTION 2. The City of Blair hereby agrees to join with any incorporated villages, cities, or counties that are eligible and may wish to participate in the creation of the Mid -East Nebraska Regional Planning Commission through the execution of an intergovern- mental agreement. The Mayor of the City of Blair is hereby authorized for and on behalf of the City of Blair, Nebraska, as its corporate act and deed under its corporate name and seal, to execute an agree- ment for participation by the City of Blair in the Mid -East Nebraska Regional Planning Commission, which said agreement shall be sub- stantially in the words and figures set forth in that certain agree- ment, a copy of which is attached hereto, and made a part hereof. ATTEST: SECTION 3. All Ordinances and Parts of Ordinances in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall take effect and be in full force and effect from and after its passage and publication as provided by law. 2706 Passed and approved this thirteenth day of April, 1971 The Mayor and County, Nebraska, met at 7:30 o'clock P. M. and City Clerk; L. W. the:: meeting. 2712 OPENING Blair, Nebraska May 25, 1971 Council of the City of Blair, Washington in regular session in the Council Chambers Mayor Simpson presided, at the meeting Svendgaard, recorded the proceedings of ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilman Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets, and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by man Sheets that the minutes of the proceedings of the Mayor andl Council in the matter of the passage and approval of Ordinance No. 1017 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume is incorporated in and made a part of these proceedings the same as though spread at large therein. Council- man Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon; Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1017 Introduction of Ordinance No. 1017 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1017 of the City of Blair, Nebraska. This Ordinance No. 1017 was introduced by Councilman Allen and is in words and figures as follows: AN ORDINANCE AMENDING SECTION 3.904 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO STREET PARKING: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING WHEN THIS ORDINANCE WILL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 3.904 of the Municipal Code of the City of Blair, Nebraska, be and the same is hereby amended to read as follows: It shall be unlawful for any person to park or leave standing any vehicle, whether attended or unattended, on O . ny street within the City, except when headed in the direction f the traffic. On Washington Street, from its intersection with 13th Street West to its intersection with 19th Street, all vehicles shall be parked parallel to the curb and adjacent thereto and in marked parking stalls wherever same have been provided and in such manner t hat no part of such vehicle shall project into the 2713 center 28 feet of the paved portion of such street. On 13th Street from the South city limits North to its intersection with Washington Street, and on 19th Street from its intersection with Washington Street North to the City limits, Street East from its intersection with 13th Street tosthegCity limits and on 10th Street North from its interseetion with Washington Street to the City limits and on 9th Street from its intersection with Washington Street to its intersection with Grant Street and on Lincoln Street from 9th Street to 10th Street there shall be no parking of vehicles onthe paved portion of such streets. On Washington Street from 19th Street West to 23rd Street there shall be no parking of vehicles on North half of the paved portion of such street. On ton Street South to the city limits there lshalltbeenofparking except parallel to the curb and adjacent thereto and in such manner that no part of the vehicle extends into the center 20 feet of such street. No vehicle shall be parked on the North side of South Street from 15th Street West to the intersection of 17th Street. All vehicles shall be angle of 62 in marked stalls g Parked at the curb at an Front Street to Lincoln Street, �aand nonLincolnnStreet sfromt16thm Street to 18th Street, and on 17th Street from Lincoln Street to Front Street and on Front Street from 16th Street to 17th Street, and on the South side of Butler Street from 16th Street to 17th Street, and on the East side of 16th Street from Colfax Street to South Street. On the West side of 16th Street from Colfax to South Street, all vehicles shall be parked and adjacent thereto in marked and to the curb p been provided. On State Street from n l6th a Street e east r to a 10th ave Street there shall be no parking of vehicles on the South half of the paved potation of such street. On Park Street from 23rd East to 10th Street, there shall be no parking of vehicles on either side of the paved portion of such street from 8 :00 o'clock A. M. to 5:00 o'clock P. M. from Monday through Friday of each week. On Nebraska Street from 23rd East to 10th Street, there shall be no parking of vehicles on either side of thepaved portion of such street from 8 :00 o'clock A. M. to 5:00 o'clock P. M. from Monday through Friday of each week. On Jackson Street from 16th Street East to 10th Street, there shall be no parking of vehicles on the South half of the paved pontin. On other- istreets not hereinbefore enumerated, noerson shall or leave standing any vehicles, whether attended or unattended unless same is parked parallel to and within twelve inches of the curb or outside pavement edge and not closer than four feet be- tween such parked vehicles and other parked vehicles and in ing stalls where same have been marked. No kaak- s vehicle or permit it to stand, whether attended or unattended, on any street within the City in front of a private driveway or within 15 feet in any direction from an fire hydrant or the en- trance to a fire station nor within 25ffeet from the intersection of property lines at street intersections. SECTION 2. That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby re- pealed insofar as the same affect this ordinance. SECTIONS. That this ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this twenty -fifth day of May, 1971. H. V. Si May 2717 Blair, Nebraska May 11, 1971 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M., Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilmen : Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Kuhr and seconded by Councilman Allen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1018 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that, said volume be incorporated in and made a part of these proceedings the same as though spread' at large herein. Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for•the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1018 Introduction of Ordinance No. 1018 of the City Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1018 of the City Nebraska. This Ordinance No. 1018 was introduced by Councilman Hansen and is in words and figures as follows: ORDINANCE NO. 1018 AN ORDINANCE AMENDING SECTION 4.103 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO DISORDERLY CONDUCT: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4.103 of the Municipal Code of the City of Blair, Nebraska, be and hereby is amended to read as follows: It shall be unlawful for any person purposely or knowlingly to cause inconvenience, annoyance or alarm, or create the risk thereof to any person by: engaging in fighting, threatening or violent conduct, or making unreasonable voice or using abusive or indecent language or gestures; or creating a hazardous or physically offensive condition 2718 without being licensed or privileged to do so; or (d) initiating or circulating a false report or warning of an impending crime or emergency; or (e) loitering, prowling or going about while having in his possession a' weapon of any kind in a place, at a time or in a manner not usual for law abiding individuals under circumstances that create or warrant alarm for the safety of person or property in the vieinity. SECTION 2. That all ordinances or parts of ordinances con- flicting with the provisions of this ordinance are hereby repealed insofar as the same affect this ordinance. SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this eleventh day of May, 1971. `H. V. ''Shi Ipso / Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1018 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1018 by title upon its first reading. Whereupon Councilman Kuhr moved that Ordinance No. 1018 be approved on its first reading and its title agreed to. Councilman Allen seconded the motion and Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1018 approved on its first reading its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Kuhr and seconded by Councilman Allen that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1018 might be introduced, read, approved and Councilman Hansen called for the question. passed heaMayorsut heetues and directed the Clerk to call the roll for thevote thereon: question Yeas: Allen, Hansen, Kuhh, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared the Statutory Rulesiin regard to the passage and approval of Ordinances suspended so that Ordinance No. 1018 might be read by title upon its first and second readings and at large on its third reading with the TTyeasTT and "nays?? each time called, recorded, approved and passed at the same meeting. 2722 Blair, Nebraska May 11, 1971 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7 :30 o'clock P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeing. ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Pounds and seconded by Council- man Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1019 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be . incorporated in and made a part of these the same as though spread at large therein. Councilman Kuhr e called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Siek. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1019 Introduction of Ordinance No. 1019 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1019 of the City of Blair, Nebraska. This. Ordinance No. 1019 was introduced by Council- man Hansen and is in words and figures as follows: ORDINANCE NO. 1019 AN ORDINANCE PROHIBITING PERSONS TO REMAIN OR GO UPON PROPERTY AFTER CLOSING: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: DESIGNATING SAID ORDINANCE AS SECTION 41410 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA: AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. It shall be unlawful for any person to remain in or upon or to go upon any property open to the public after it has been closed without being invited, licensed or privileged to do so. SECTION 2. That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby re- pealed insofar as the same affect this ordinance. SECTION 3. This ordinance shall be known as Section 4.410 of the Municipal Code of the City of Blair,Nebraska. SECTION 4. This ordinance shall take effect and be in 'force from andafter its passage, approval and publication as provithd by law. ATTEST: S PA ' , A l ty erk Passed and approved this eleventh day of May, 1971. 2723 FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1019 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1019 by title upon its first reading. Whereupon Councilman Pounds moved that Ordinance No. 1019 be approved on its first reading and its title agreed to. Council- man Lutz seconded the motion, and Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Sick and seconded by Councilman Lutz that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1019 might be introduced, read, approved and passed at the same meeting. Councilman Pounds called for the question. The Mayor put question and directed the Clerk to call the roll for the vote t thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared the Statutory Rules in regard to the passage and - approval of Ordinances suspended so that Ordinance No. 1019 might be read by title upon its first and second readings and at large on its third reading with the "yeas" and "nays" each time called, recorded, approved and passed at the same meeting. , SECOND READING Ordinance No. 1019 now comes on for the second reading. The Mayor directed the Clerk to read said Ordinance No. 1019 by title upon its second reading. Whereupon it was moved by Councilman Sick and seconded by Councilman Lutz "': that said Ordinance No. 1019 be approved on 2727 Blair, Nebraska May 11, 1971 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Simpson presided at themeeting and City Clerk L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll, and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by Councilman Pounds that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1020 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Sheets called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1020 Introduction of Ordinance No. 1020 of the City Nebraska, and the matter now coming before the Mayor and Council was the passage and approvalfof Ordinance No. 1020 of the City of Blair, Nebraska. This Ordinance No. 1020 was introduced by Councilman Sheets and is in words and figures -as follows: ORDINANCE NO. 1020 AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT WO. 111 IN THE CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFOR, DESIGNAT- ING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN SAID ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor and City Council of the City of Blair, Nebraska, hereby declare and deem it necessary to improve, the following described streets in the City of Blair: Eleventh Street from Grant Street to Lincoln Street; Tenth Street from Grant Street North to the existing pavement; Ninth Street from Grant Street North to the existing pavement; and Grant Street from Eleventh street to Ninth Street and the alley in Block 86, Fourth Addition, from 10th Street to 9th Street, said purpose there is hereby created �Street ImprovementeDistrict No 111 of the City of Blair, Nebraska. SECTION 2. The street improvements to be made on said streets in said district shall be to pave the same, the grade of said streets to conform to the ;grades as established Blair and said improvements to be made according to and City of specifications and estimate of cost to be prepared by the Special Engineer for said district and to be filed with the City Clerk and to be approved by the Mayor and Council of said City. SECTION The property included in said Street Improvement District No. 111 and subject to special assessments to pay for the cost and expenses of said street improvement is all of the privately owned lots, parts of lots and tracts of land and the lots of lots and tracts of land owned by any municipal or parts p ion and abutting upon and adjacent to said streets tobelimproved,at- to -wit: In the Original Towns,ite: Block 52, Lots 1 thr 7, the East half of 8, 19, 20 and 21; in Third Addition: Block 83, Lots 4 thru 12; Block 82, Lots 1 thru 6; in the Fourth Addition: Block 86, Lots 1 thru 12; in the Southwest Quarter of Section 12, Township 18 North, Range 11 East, Washington County, Tax Lot 80, the South 130 feet of the West 140 feet of Tax Lot 81, the North 140 feet of Tax Lot 38, Washington County, Nebraska, all in the City of Blair, Nebraska. SECTION 4. The cost of said improvements in said Improve- ment District shall be paid out of the fund created by the levy and assessments on the lots and parcels of land in said Street Improvement District benefited thereby in proportion to said bene- fits, all as by the Statutes of the State of Nebraska in such cases made and provided. SECTION 5. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this eleventh day of May, 1971. ATTEST: rte_ e'vendgaard,.r "Ly Clerk (SEAL) 2728 FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1020 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1020 by title upon its first reading. 2733 Blair, Nebraska May 11, 1971 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilman Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets.- and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by Council- man Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1021 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume is incorporated in and made a part of these pro- ceedings the same as though spread at large therein. Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1021 Introduction of Ordinance No. 1021 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1021 of the City of Blair, Nebraska. This Ordinance No. 1021 was introduced by Council- man Pounds and is in words and figures as follows: ORDINANCE NO. 1021 AN ORDINANCE AMENDING SECTION 4.301 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO CURFEW FOR MINORS: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4.301 of the Municipal Code of the City of Blair, Nebraska, be and is hereby amended to read as follows: It is unlawful for any person under eighteen years of age to be or remain in or upon any of the streets, alleys or public places in the city at night after the hour of 11:00 o'clock P.M. unless such person is accompanied by a parent, guardian or 273 other person having the legal custody of such minor person, or is going to or from some meeting or assemblage of lawful character, or is in the performance of an errand or duty directed by a parent, guardian or other person having the legal custody of such minor person, or whose employment made it necessary to be upon the streets, alleys or public places during the night -time after sueh specified hours. SECTION 2. That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby re- pealed insofar as the same affect this ordinance. - SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this eleventh day of May, 1971. AZ FIRST READING The Mayor directed the Clerk to read by title Ordinanee No. 1021 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1021 by title upon its first reading. Whereupon Councilman Allen moved that Ordinance No. 1021 be approved on its first reading and its title agreed to. Council r_ man Lutz seconded the motion, and Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the . roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Allen and seconded by Councilman Lutz that the Statutory Rules in regard to the passage and C.option of ordinances be suspended so that Ordinance No. 1021 might introduced, read, approved and passed at the same meeting. Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. 2738 Blair, Nebraska May 11, 1971 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock, P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll, and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances'was now in order. It was moved by Councilman Lutz, and seconded by Council- man Hansen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1022 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Pounds called for the question. The Mayor put the the Clerk to call the roll for the vote thereozeistion and directed Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1022 Introduction of Ordinance No. 1022 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1022 of the City of Blair, Nebraska. This Ordinance No. 1022 was introduced by Council- man Kuhr and is in words and figures as follows: ORDINANCE NO 1022 AN ORDINANCE AMENDING SECTION 4.302 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO RESPONSIBILITY OF PARENTS AND GUARDIANS: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT THEREWITH: AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 4.302 of the Municipal Code of the City of Blair, Nebraska, be and is hereby amended to read as follows: That it shall be unlawful for the parents, guardians or other adult persons having the care and custody of a minor child under the age of 18 years to allow or permit said minor to be or remain in or upon any of the streets, alleys or public places in the City at night after the hour of 11 :00 o'clock P.M. unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor person or is going to or from some meeting or assemblage of lawful character or is in the per- formance of an errand or duty directed by a parent, guardian or other person having the legal custody of such minor person or whose employment makes it necessary to be upon the streets, alleys or public places during the night time after such specified hours. SECTION 2. That all ordinances or parts of ordinances eonflicting with the provisions of this ordinance are hereby re- pealed insofar as the same affect this ordinance. SECTION 3. That this ordinance shall take effect and be in force from andaafter its passage, approval and publication as provided by law. 2739 Passed and approved this eleventh day of May, 1971. FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1022 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance. No. 1022 by title upon its first reading. Whereupon Councilman Lutz moved that Ordinance No. 1022 • be approved on its first reading and its title agreed to. Councilr man Kansen seconded the motion, and Councilman Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. _ Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Lutz and seconded by Councilman Ha.ii00ii that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1022 might be introduced, read, approved and passed at the same meeting. Councilman Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. 2743 OPENING Blair Nebraska May 25, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll, and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Sheets and seconded by Councilman Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1023 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and 14m) 4o1 •a);9.►isoolmoo R..Q;1ov4a) ): 9 4 .4). 4.►1. 040ka► (#.4of). ii *'.:)'el:►4,w)a1)y44 ►1.r:► o4 that said volume be incorporated in and made a part of these pro- ceedings the same as though spread at large therein. Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1023 Introduction of Ordinance No. 1023 of theCity of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1023 of theCity of Blair, Nebraska. This Ordinance No. 1023 was introduced by Council- man Hansen and is in words and figures as follows: ORDINANCE NO. 1023 AN ORDINANCE AMENDING SECTION 7.301 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO STANDARD BUILDING CODES: RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE- WITH.: AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 7.301 of the Municipal Code of the City of Blair, Nebraska, be and is hereby amended to read as follows: The National Building Code (1955) and the National Electric Code (1959) of the National Board of Fire Underwriters, and all amendments to each, and the National Plumbing Code, Illustrated (1960) as published by Manas Publications, and amend - ments thereto, provided, in addition to the material therein specified for drain, waste and vent pipes, Schedule 40 DWV plastic (either ABS or PVC) pipe may be used above ground in residential building only, and the Proposed American Standard for Installation of Gas Piping and Gas Appliances in Buildings (1960) of American Gas Association, Inc., and amendments thereto, three copies of each being on file with the City Clerk, are hereby incorporated into and made a part of this ordinance as though spread at large herein and are adopted as standar4§ of proper building construction. In construing the subject matter thereof in the event there is a variance between the provisions of such codes and any other provision of this ordinance, the latter shall prevail, and if there is a variance between the provisions of any of said three codes and the provisions of any other code adopted by reference in this ordinance and which pertains to a specific subject, the latter shall prevail. Provisions of this ordinance shall comply with minimum standards set forth by the Department of Housing and Urban Development and FHA. SECTION 2. That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby re- pealed insofar as the same affect this ordinance. SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this twenty -fifth day of May, 1971. 2744 FIRST READING H. V. Simpson, N or The Mayor directed the Clerk to read by title Ordinance No. 1023 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1023 by title upon its first reading. Whereupon Councilman Sheets moved that Ordinance No. 1023 be approved on its first reading and its title agreed to. Councilman Lutz seconded the motion, and Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Sheets and seconded by Councilman Lutz that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1023 might be introduced, read, approved and passed at the same meeting. Councilman Kuhr called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. 2748 OPENING The Mayor and Council of the City of Blair, WashingLon County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL Blair, Nebraska May 25, 1971 The Mayor directed the Clerk to call the roll, and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Sheets and seconded by Councilman Kuhr that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1024 be preserved and kept in a separate and distint volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Nelson called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1024 Introduction of Ordinance No. 1024 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1024 of the City of Blair, Nebraska. This Ordinance No. 1024 was introduced by Council- man Hansen and is in words and figures as follows: ORDINANCE NO. 1024 AN ORDINANCE AMENDING SECTIONS I, VI AND VIII OF SECTION 2.262 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, RELATING TO A PENSION PLAN FOR THE EMPLOYEES OF THE CITY OF BLAIR, NEBRASKA: RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE- WITH; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Sections I, VI, and VIII of Section 2.262 of the Municipal Code of the City of Blair, Nebraska, be and are hereby amended to read as follows: SECTION I, ELIGIBILITY. All full time employees of the City of Blair, or appointed employees of the City of Blair with the exception of policemem and firemen, are to be eligible to parti- cipate under the pension program. The plan so created was effect- ive on July 1, 1966, and this date may be hereinafter referred to as "effective date ". An employee will deem to be a full time em- ployee if he works at least twenty hours each week in at least five months each year. An employee to be eligible to participate in the pension plan must have completed at least two years service for the City, must be at least twenty -five years of age and the maximum age for inclusion shall be age sixty -five. SECTION VI. CASH WITHDRAWAL BENEFIT. If an employee terminates employment he may receive in lieu of all other benefits an amount equal to 100% of his contributions with compound interest at the rate of not less than 3 %. SECTION VIII EMPLOYER WITHDRAWAL CREDITS. If an employee terminates employment in good health and is not vested, the employer will be credited against premiums due an amount equal to 100% of all Current Service Premiums paid for the employee with compound interest at a rate of not less than 3% less the Cash Withdrawal Benefit due the employee. SECTION 2. That all ordinances or parts of ordinances con- flicting with the provisions of this ordinance are hereby repealed insofar as the same affect this ordinance. SECTION 3. That this ordinance shall take effect and be in force from and after its passage, approval and publication as pro- vided by law. 2749 Passed and approved this twenty -fifth day of May, 1971. FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1024 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1024 by title upon its first reading. Whereupon Councilman Sheets moved that Ordinance No. 1024 be approved on its first reading and its title agreed to. Councilman Kuhr seconded the motion, and Councilman Nelson called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Sheets and seconded by Councilman Kuhr that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1024 2753 OPENING ROLL CALL Blair, Nebraska July 13, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o P. M. Mayor Simpson presided at the meeting and City C1er,L. W. Svendgaard, recorded the proceedings of the meeting. The Mayor directed the Clerk call the roll and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Pounds and seconded by Council- man Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1025 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair,Nebraska, and that said volume is incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1025 Introduction of Ordinance No. 1025 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1025 of the City of Blair, Nebraska. This Ordinance No. 1025 was introduced by Councl- man Sick and is in words and figures as follows: AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 112 IN THE CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFOR, DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN SAID ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor; and City Council of the City of Blair, Nebraska, hereby declare and deem it necessary to pave Iowa Street by commencing at the existing concrete pavement on 10th Street at its intersection with Iowa Street, thence along said Iowa Street to the West line of Tax Lot 133 in Section 12, Township 18 North, Range 11 East of the 6th P. M., Washington County, Nebraska, and terminating at that point, and for such purpose there is hereby created Street Improvement District No. 112 of the City of Blair, Nebraska. SECTION 2. The Street Improvement to be made is to pave said section of said street as aforesaid, the grade of said street to conform to the existing grades of said City of Blair, and said improvement to be made according to plans and specifications and estimate of cost to be prepared by the Special Engineer for said District and to be filed with the City Clerk and to be approved by the Mayor and Council of the City. SECTION 3. The property • ;:. a included in said Street Improvement District No. 112 and subject to special assessments to pay for the cost and expenses of said street improvement is all of the privately owned lots, parts of lots and tracts of land and the lots, parts of lots and tracts of landeowned by any municipal or public corporation and abutting upon and adjacent to said Street to be improved, to -wit: Tax Lots 120, 122, 134, 136, 149, 153, and 155 in Section 12, Township 18 North, Range 11 East of the 6th P. M., Washington County, Nebraska, and all being within the corporate limits of the City of Blair, Washington County, Nebraska. SECTION 4. The cost of said improvement in said improve- ment district shall be paid out of the fund created by the levy and assessments on the lots and parcels of land in said Street Improvement District benefited thereby in proportion oto said benefits, all as by the Statutes of the State of Nebraska in such cases made and pro- vided. SECTION 5. This ordinance shall take effect and be in force from and after its passage, approval and publication as pro- vided by law. (SEAL) Passed and approved this thirteenth day of July, 1971. 2(754 FIRST READING Whereupon the Mayor declared said Ordinance No. 1025 approved on its first reading and its title agreed to. The Mayor directed the Clerk to read by title Ordinance No. 1025 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1025 by title upon its first reading. Whereupon Councilman Pounds moved that Ordinance No. 1025 be approved on its first reading and its title agreed to.. Councilman Lutz seconded the motion and Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. SUSPENSION OF RULES Whereupon it was moved by Councilman Pounds and seconded by Councilman Lutz that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1025 might be introduced, read, approved and passed at the same meeting. 275 OPENING Blair, Nebraska July 13, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets and Sick were present. ORDER OF BUSINESS - Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by Council- man Kuhr that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1026 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair,Nebraska, and that said volume i incorporated in and made a part of these proceedings the same as though spredd at large therein. Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Nelson, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1026 Introduction of Ordinance No. 1026 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1026 of the City of Blair, Nebraska. This Ordinance No. 1026 was introduced by Councilman Sick and is in words and figures as follows: AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL" APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF AUGUST, 1971'; AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That there be, is hereby is appropriated out of the money derived from the taxes levied for general revenue purposes for the present fiscal year, commencing on the first day of August, 1971, and out of all other available money, and funds therefore belonging to the said City, and amount for each object and object purpose as follows: For construction of Storm Sewers $ 20,000.00 For salaries of City Officials and employees 60;.000.00 For Streets, culverts, alleys and bridges -Pur. of Main Eq. -- 50,000.00 For Printing and Publications 8,000.00 2760 For Miscellaneous and incidental expenditures $ 66,000.00 For expense for criminal and civil suits 4,000.00 For purchase price & future taxes on property purchases 2,000.00 For improvement, operation & maintenance of aviation field 12,000.00 For insurance premiums - - - ,--. 20, 000.00 For Chamber of Commerce Publicity 1,000.00 For City employees retirement pension plan 12,000.00 For salaries of employees, operation and maintenance of Veterans Memorial Field 10,000.00 For salaries of Chief of Police, Wages of Police Dept. employees, operation & maintenace of Police Dept.- 110,000.00 For salaries of employees, operation and maintenance of sanitary land fill 25,000.00 Any balance of saidq . funds remaining over and unexpended at the end of the fiscal year shall be transferred to the General Fund. SECTION 2. That there be, of the money derived from the levy of poses for the present fiscal year and available therefor, the amount of all follows: and hereby is appropriated out taxes for public library pur- out of all other money and funds other money and purposes as For Salaries of Employees, maintenance and operation of Public Library $ 22,000.00 Any balance of said funds remaining over and unexpended atl the end of the fiscal year shall be tra' erred to the Public Library Fund. SECTION 3. That there be, and hereby is appropriated out of the money derived from the levy of taxes for street lighting purposes for said fiscal year and out of all other money and fund3 a- vailable therefor, the amount for each object and purpose as follows: For Street Lighting purposes $ 45,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Street Lighting Fund. SECTION 4. That there be, and hereby is appropriated out of the money derived from the water works system and out of the water fund and all other money and funda available therefor, the amount for each object andripurpose as follows: For improvement, extension, operation and maintenance of water works system & salary of employees $130,000.00 For extensions of distribution system, improvement of water department hydrant' rental & service $400,000.00 Any balance of said fungi remaining over and unexpended at the end of the fiscal year shall be trasnferred to the waterfund. SECTION 5. That there be, and hereby is appropriated out of the money derived from taxes for parks and park purposes for said fiscal year and out of all other funds and moneys available therefor, the amounts for each object and purpose as follows: For park:- and park purposes, salaries and employees, maintenance improvement and operation of Swimming Pool $ 30,000.00 Any balance_ of said fund remaining over and unexpended at the end: of the fiscal year shall be transferred to the Parks and Park Purpose Fund. 2761 SECTION 6. That there be, and hereby is appropriated out of the money derived from the operation of the municipal light system and the sale of electrical current and supplies and all other funds and money available therefor the - amounts for each object and purpose as follows: For salaries of light commissioner and wages of department employees, operation and maint. of municipal power distribution system $300,000.00 For extension and improvements of municipal :''.light power system generator and plant improvement and line extensions $1,000,000.00 Any alance of the end of the b fiscal year a shall n be r transtferrred e to a the Electriic System Fund. g SECTION 7. That there be, and hereby is appropriated out of the money derived from taxes for sewer maintenance for said fiscal, year and out of all other funds and moneys available therefor, the amounts for each object and purpose as follows: For salaries of employees, operation and maintenance of sewer system and sewer Treatment Plant $ 50,000.00 For extension, improvements of sewer system $1,134,000.00 Any balance of said fund remianing over and unexpended at the end of the fiscal year shall be transferred to the Sewer Maint- enance Fund. SECTION 8. That there be, and hereby is appropriated out of the money derived from the levy of taxes for the operation, maint- enance and care of the Blair Cemetery $ 20,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Cemetery Fund. SECTION 9. That there be and hereby is appropriated out of the money derived from the levy of taxes for the payment of refunding bonds and interest thereon and the sinking fund for said fiscal year and out of the money derived from taxes levied for payment of intersections and for district paving bonds, and interest and out of any and all other funds and money available therefor, the amounts for each object and purpose as follows: For payment of principal and interest of bonds indebtedness due or to become due and for sinking bonds fund - -- $200,000.00 Any balance of said funds remaining over and unexpended at the end of the fiscal year shall be trasnferred to the Sinking Fund for the payment of refunding bonds. SECTION 10. That there be, and hereby isappropriated out of the money derived from the levy of taxes for the maintenance and operation of the Fire Department forthe present fiscal year and out of all other money and funds available therefor, belonging to said City, the amounts for each object and purpose as follows: For the maintenance and operation of the City Fire Dept. - - -- $15,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the fund for maintenance and operation of the City Fire Department. 2762. SECTION 11. That there be, and hereby is appropriated out of the money derived from the levy of taxes for the purpose of Purchase of Fire Department Apparatus for the present fiscal year and out of all other money and funds available ther €for, belonging to said City, the amounts for each object and purpose as follows: For the purchase of Fire Department Apparatus $ 35,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Fire Depart- ment Apparatus Fund. SECTION 12. That there be, and hereby is appropriated out of the money now on hand for the Special Gasoline Road Fund and from the money derived from special gasoline tax and motor registration fee, and the amounts for each object and purpose as follows: For construction of street improvements $290,000.00 Any balance in said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Special Gaso- line Tax Fund. SECTION 13. That there be, and hereby is appropriated out of the money derived from the levy of taxes for the purpose of paying the City's share of the employees and officers federal Social Security Tax for the present fiscal year and out of all other money and funds available therefore, belonging to the said City the amount for each object and purpose as follows: For City's share of employees and officers' Federal Social Security Tax $ 18,000.00 Any balance in said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Social Security Tax Fund. SECTION 14. That there be, and hereby is appropriated out of the money derived from the operation of the Blair Apartments and all other money and funds available therefor, the amount for each object and purpose as follows: For salaries of employees, operation and maintenance of Blair Apartments $ 45,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be trasnferred to the Blair Apartment Fund. SECTION 15. That there be, and hereby is appropriated out of the money derived from the levy of taxes for Supervised Recreation purposes for the fiscal year and out of all moneys and funds available therefor, the amount for each object and purpose as follows: For salaries of employees, purchase of equipment, maintenance of playgrounds, and recreation centers, including the construction of necessary buildings $ 25,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Supervised Recreation Fund. SECTION 16. This ordinance shall take effect and be in force and take effect from and after its. passage, approval and publication as required by law. Passed and approved this thirteenth day of July, 1971. 276B: FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1026 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1026 by title upon its first reading. Whereupon Councilman Allen moved that Ordinance be approved on its first reading-and its title agreed to. Kuhr seconded the motion and Councilman Hansen called for The Mayor put the question and directed the Clerk to call for the vote thereon. Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1026 approved on its first reading and its title agreed to. SECOND READING No. 1026 Councilman the question. the roll SUSPENSION OF RULES Whereupon it was moved by Councilman Allen and seconded by Councilman Kuhr that the Statutory Rules in regard to the passage and adoption of ordinances be suspended so that Ordinance No. 1026 might be introduced, read, approved and passed at the same meeting. Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets; Sick. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared the Statutory Rules in regard to the passage and approval of Ordinances suspended so that Ordinance No. 1026 might be read by title upon its first and second readings and at large on its third reading with the "yeas" and "nays" each time called, recorded, approved and passed at the same meeting. Ordinance No. 1026 now comes on for the second reading. The Mayor directed the Clerk to read said Ordinance No. 1026 by title upon its second reading. 276V OPENING Blair, Nebraska September 14, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M., Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL The Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets and Sick being present. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by Councilman Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1027 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of"Blair, Nebraska, and that said volume be incorporated in and made a.. part of these proceedings the same as though spread at large therein. Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1027 Introduction of Ordinance No. 1027 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1027 of the City of Blair, Nebraska. This Ordinance No. 1027 was introduced by Councilman Allen and is in words and figures as follows: ORDINANCE NO. 1027 AN ORDINANCE CREATING SANITARY SEWER DISTRICT NO. 29 IN THE CITY 0E BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFOR, DESIGNATING TIDE IMPROVEMENTS TO BE MADE IN SAID DISTRICT LISTING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor and City Council of the City of Blair, Nebraska hereby declare the necessity to construct a3 sanitary sewer on the following line, to wit: Counencing at a point 22.5' West of the Center line of Tenth Street in the City of Blair, Nebraska; said point being on a line which is parallel to 2768 the North line of Tax Lot 135 and 10.0' feet South of the North West corner of said Tax Lot 135; thence running East along said line through Tax Lot 135 and into Tax Lot 149, in Section 12, Township 18 North, Range 11 East of the 6th P. M., Washington County, Nebraska, a distance of 900.0' to intersect on existing 10" sanitary sewer and terminating at that point. For that pur- pose there is hereby created Sanitary Sewer District No. 29 of the City of Blair, Nebraska. SECTION 2. The improvements to be made is to construct and lay eight inch (8 ") vitrified clay sewer tile with manholes and Y's, said improvements to be made according to plans and specifications and estimate of cost to be prepared by the Special Engineer of said District and to be filed with the City Clerk to be approved by the Mayor and Council of said City. SECTION 3. The property included in said Sanitary Sewer District No. 29 and subject to special assessments to pay for the cost and expense of said improvement is Tax Lots 84, 122, 126, 127, 134, 135 and 152 in Section 12, . Township 18 North, Range 11 East of the 6th P. M., Washington County, Nebraska. SECTION 4. The cost of said improvements in said Sanitary Sewer District shall be paid out of the fund created by the levy and assessment of the lots and parcels of land in said Improvement District benefited, and to be in proportion to said benefits, all as by the Statutes of the Smote of Nebraska as made and provided. SECTION 5. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this 14th day of September, 1971. 2773 OPENING ROLL CALL Blair,Nebraska October 12, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P.M., Acting Mayor Lutz presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. The Acting Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Kuhr, Nelson, Pounds, Sheets and Sick being bresent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Sick and seconded by Councilman Sheets that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1028 be preserved and kept in a' separate and distinct volume known as the Ordinance Record of the City of Blair,Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Hansen called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1028 Introduction of Ordinance No. 1028 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1028 of the City of B1air,Nebna.ska. This Ordinance No. 1028 was introduced by Council- man Allen and is in words and figures as follows: ORDINANCE NO. 1028 AN ORDINANCE CREATING WATER DISTRICT NO. 6 IN THE CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFORE, DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OP THS IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1, The Mayor and City Council of the City of Blair, Nebraska hereby declare the necessity to construct a water district on the following line, to -wit: Beginning at the existing water line at the Northwest corner of Tax Lot 118 in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, running thence Southeasterly along the right of way of U.S. Highway No. 73 to the East line of Tax Lot 115 in said Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, projected South, and terminating at this point. For that purpose there is hereby created Water District No. 6 of the City of Blair, Nebraska. SECTION 2. The improvements to be mad3 is to construct and lay six inch (6TH) cast iron water line with necessary valves, valve boxes and hydrants, said improvements to be made according to plans and specifications and estimate of cost to be prepared by the Special Engineer of said District and to be filed with the City Clerk to be approved by the Mayor and Council of said City. SECTION 3. The property included in said Water District No. 6 and subject to special assessments to pay for the cost and expense of said improvement is Tax Lots 124, 113, 115, 156, and 159 in Section 13, Township 18 'North, Range 11 East of the 6th P.M., Washington County, Nebraska. SECTION 4. The cost of said improvements in said Water District No. 6 shall be paid out of the fund created by the levy and assessment of the lots and parcels of land in said Improvement District benefited, and to be in proportion to said benefits, all as by the Statutes of the State of Nebraska as madeand provided. SECTION 5. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this twelfth day of October, 1971. (SEAL) 2774 2779 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P. M. Acting' Mayor Lutz presided at the meeting and City Clerk, L. W. Svendgaard recorded the proceedings of the meeting. ROLL CALL Blair, Nebraska October 12, 1971 The Agting'.Mayor directed the Clerk to call the roll, and on roll call Councilman Allen, Hansen, Kuhr, Nelson, Pounds, Sheets and Sick were present. ORDER OF BUSINESS Whereupon the Acting Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman, Sick and seconded by Councilman Nelson that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1029 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Sheets called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr,Nelson, Pounds, Sheets, Sick. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1029 Introduction of Ordinance No. 1029 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1029 of the City of Blair, Nebraska. This Ordinance No. 1029 was introduced by Councilman Kuhr and is in words and figures as follows: ORDINANCE NO. 1029 AN ORDINANCE CREATING SANITARY SEWER DISTRICT NO. 30 IN THE CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFORE, DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY IN- CLUDED.WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THECITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor and City Council of the City of Blair, Nebraska hereby declare the necessity to construct a sanitary sewer on the following line, to -wit: Beginning at the existing manhole at the Southeast corner of Tax Lot 112 in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska running thence Southeasterly along the right of way of U.S. Highway No. 73 to the East line of Tax Lot 115 in said Section 13, Township 18 North, Range 11 East of the 6th P.M. of Washington County, Nebraska, projected 2780 South, and terminating at this point. For that purpose there is hereby created Sanitary Sewer District No. 30 of the City of Blair, Nebraska. SECTION 2. The improvements to be made is to construct and lay eight inch (8 ") vitrified clay sewer tile and eight inch (8") east iron sanitary sewer with necessary manholes, wyes and undercrossings, said improvements to be made according to plans and specifications and estimate of cost to be prepared by the Special Engineer of said District and to be filed with the City Clerk to be approved by the Mayor and Council ofcsaid City. SECTION 3. The property included in said Sanitary Sewer District No. 30 and subject to special assessments to pay for the cost and expense of said improvement is Tax Lots 124, 113, 115, 156, and 159 in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. SECTION 4. The cost of said improvements in the said Sanitary Sewer District shall be paidctout of the fund created by the levy and assessment of the lots and parcels of land in said Improvement District benefited, and to be in proportion to said benefits, all as by the Statutes of the State of Nebraska as made and provided. SECTION 5. This ordinance shall take effect and be in force from and after its passage, approval and pbulication as provided by law. ATTEST: Passed and approved this twelfth day of October, 1971. (SEAL) Acting Maya J 2785 OPENING Blair, Nebraska November 23, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P.M. Mayor Simpson presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. The Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Lutz, Nelson, Pounds, Sheets,and Sick were present. Councilman Kuhr. was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconed by Council- man Lutz that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1030 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same a s though spread at large therein. Councilman Pounds Balled for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. ORDINANCE NO. 1030 Introduction of Ordinance No. 1030 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1030 of the City of Blair, Nebraska. This Ordinance No. 1030 was introduced by Council- man Allen and is in words and figures as follows: ORDINANCE N0. 1030 AN ORDINANCE PROVIDING FOR THE PURCHASE OF A 1972 MOTOR GRADER, UNDER SECTION 2 -604 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; DISPENSING WITH THE NEED FOR ADVERTISING FOR BIDS UNDER SECTION 2.507 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; PROVIDING FOR THE DISBURSEMENT OF FUNDS UNDER SECTION 2 -604 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE UNDER 'THE EMERGENCY PROVISIONS OF SECTION 2.405 MUNICIPAL CODE OF THE CITY OF BLAIR. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ROLL CALL Section 1. That the Mayor and City Clerk be, and they hereby are authorized, empowered, and directed to enter into a contract for the purchase of a 1972 John Deere Motor Grader Passed and approved this twenty -third day of November, 1971. ATTEST: L . Svendgaard City Clerk 2786 the amount of $23,989.50 from the Mason Co. of Omaha, Nebraska. Section 2. Under the emergency provisions of Section 2.507 of the Municipal Code of the City of Blair, requirements for estimates of costs and the advertising for bids are hereby waived. Section 3. Under the emergency provisions of Section 2.604 of the Municipal Code of the City of Blair, than emergency appropriation in the amount of $23,989.50 be made from the General Funds of the City for the purchase of the abovementioned Motor Grader. Section 4. This Ordinance shall be in force and take effect under the emergency provisions of Section 2.405 of the Municipal Code of the City of Blair, and upon the proclamation of this Ordinance by the Mayor and the publi- cation of this Ordinance. FIRST READING arvey Sir son Mayor of the City of Blair The Mayor directed the Clerk to read by title Ordinance No. 1030 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1030 by title upon its first reading. Whereupon Councilman Allen moved that Ordinance No. 1030 be approved on its first reading and its title agreed to. Council- man Lutz seconded the motion and Councilman Pounds called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1030 approved on its first reading and its title agreed to. 2794 OPENING ROLL CALL Blair, Nebraska December 14, 1971 The Acting Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o P.M. Acting Mayor Lutz presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. The Acting Mayor directed the Clerk to call the roll and on roll call Councilmen Allen, Hansen, Lutz, Nelson, Pounds, Sheets and Sick were present. Councilman Kuhr was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Allen and seconded by Councilman Sheets that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1032 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Hansen called for the question. The Mayor put . the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. ORDINANCE NO. 1032 Introduction of Ordinance No. 1032 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1032 of the City of Blair, Nebraska. This Ordinance No. 1032 was introduced by Councilman .H.z4,een and is in words and figures as follows: ORDINANCE NO. 1032 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, SECTION 6.408,"SPEED LIMIT: TRAINS, BY INCREASING THE SPEED LIMIT TO 35 MILES PER HOUR; AMENDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 6.408, entitled "Speed Limit; Trains", of the Municipal Code of the City of Blair, Nebraska be and the same is hereby amended to read as follows: "Section 6.408, Speed Limit; Trains. 16 -212. No railroad train, engine, hand car, power car, or other rolling equipment of any railroad company shall be driven or operated at .a speed greater than 35 miles per hour while within the corporate limits of the City. SECTION 2. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. ATTES Svendgaar City Clerk 2795 SECTION 3. This ordinance shall take effect and be en- forced from and after its passage, approval and publication as required by law. Passed and approved this fourteenth day of December, 1971 . FIRST READING sting ` a. or, ?esident of the Council. The Mayor directed the Clerk to read by title Ordinance No. 1032 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1032 by title upon its first reading. Whereupon Councilman Allen moved that Ordinance No. 1032 be approved on its first reading and its title agreed to. Council- — man Sheets seconded the motion and Councilman Hansen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1032 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Allen and seconded by Councilman Sheets that the Statutory Rules in regard to the passage and adoption of Ordinances be suspended so that Ordinance No 1032 might be introduced, read, approved and passed at the same meeting. Councilman Hansen called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Nelson, Pounds, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. Whereupon the Acting Mayor declared said Ordinance No. 1032 be approved on its second, reading -and its title agreed to. 2799 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 oiclock P.M. Acting Mayor Lutz presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. ROLL CALL ORDINANCE NO. 1033 Blair, Nebraska December 14, 1971 The Mayor directed the Clerk to call the roll and on roll call Councilman Allen, Hansen, Lutz, Pounds, Nelson, Sheets and Sick were present. Councilman Kuhr was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introducion of ordinances was now in order. It was moved by Councilman Sick and seconded by Council- man Sheets that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1033 be preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair, Nebraska, and that said volume is incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman Nelson called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Lutz, Pounds, Nelson, Sheets, Sick. Nays: None. Absent: Kuhr. Motion: Carried. Introduction of Ordinance No. 1033 of the City of Blait, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1033 of the City of Blair, Nebraska. This Ordinance No. 1033 was introduced by Councilman Sick and is in words and figures as follows: ORDINANCE NO. 1033 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA SECTION 1.204, WARDS 16 -104, BY RE- DEFINING THE BOUNDARIES OF THE WARDS OF THE CITY; AMENDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND DESIGNATING SAID ORDINANCE AS SECTION 1.204 OF THE MUNICIPAL CODE OF THEtCITY OF BLAIR, NEBRASKA. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION1. Section 1.204 entitled Wards 16 -104 of the Municipal Code of the City of Blair, Nebraska, be and the same is hereby amended to read as follows: Section 1.204, Wards 16 -104. The City shall be divided into four (4) wards, and each ward shall constitute a voting or election district. Said Wards shall be bounded by the city limits of the 2800 CITY and the centerlines of the streets hereinafter described, as originally plated, extend it to the 6ity limits, to -wit: First ward shall include all territory and land within the City lying North of the centerline of Washington Street and U.S. Highway # 30 and Easterly right of way of 19th Street projected North to the City Limits. Second Ward shall include all territory and land within the City bounded on the East and North as follows: Beginning at the Easterly right of way line of the Chicago. and Northwestern Railway Company on the South line of Section 10, Township 18 North, Range 11 East; running thence along said right of way to the centerline of 19th Street; thence South along the centerline of 19th Street to the centerline of Washington Street; thence East along the centerline of Washington Street to the centerline of 18th Street, thence South along the centerline of 18th Street to the centerline of Grant Street; thence East along the centerline of Grant Street to the centerline of 17th Street; thence South along the centerline of 17th Street and the centerline of 17th Street projected South to the City Limits. Third Ward shall include all territory and land within The City beginning at the centerline of U.S. Highway # 30 at the East City Limits running thence Westerly along the centerline of U.S. Highway # 30 and Washington Street to the centerline of 18th Street; thence South along the Centerline of 18th to the centerline of Grant Street; thence East along the- eenterline of Grant Street to the centerline of 17th Street; thence South along the centerline of 17th Street and the centerline of 17th Street projected to the South CityLimits. Fourth Ward shall include all territory and land within the City lying North of the Chicago & Northwestern Railway Company's South right of way and West of the East right of way of 19th Street projected Northerly to the City Limits. SECTION 2. All ordinances, or parts of ordinances, ins conflict herewith are hereby repealed. SECTION 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. SECTION 4. This ordinance shall be known as Section 1.204 of the Municipal Code of the City of Blair, Nebraska. Passed and approved this fourteenth day of December, 1971. ATTEST: John. Luz President of the Council City of Blair, Nebraska 2806 ORDINANCE NO. 1034 AN ORDINANCE AUTHORIZING THE ISSUANCE OF COMBINED ELECTRIC AND WATER REVENUE BONDS, SERIES OF 1912 OF THE CITY OF BLAIR, NEBRASKA, OF THEE- PRINCIPAL AMOUNT OF SI1C 'HUNDRED THOUSAND DOLLARS ($600,000) FOR THE PURPOSE ON PURCHASING A VIEW ENGINE AND MENDING AND .IMPROVING THE ET . LIGHT PLANT AND SYSTEM' OWNED BY THE CITY; P ESOERIBIa G .THE FOP • CF SAIL EO A171). PLEDGING THE.REVENUE AND EARNINGS THE ELECTRIC LIGHT PLANT AND ELECTRIC SYSTEM AND WATER PLANT AND SYSTEM OF THE CITY FOR THE.PAYMENT OF $AID BONDS; ENTERING: INTO A CONTRACT ON BEHAI ' OF THE CITY WITH THE H0LbERS.OF SAID BONDS; AND MAKING APPLI- CABLE'TO SAID BONDS 4.LL THE TERME, PROVISIONS, COVENANTS AND CONDITIONS APPLICABT.F TO ADDITIONAL BONDS ISSUED, PURSUANT TO ORDINANCE NO. 850... - WHEREAS, the City of Blair, in the County of Washington,. in the State of Nebraska has for. many years owned and operated, and now owns and operates it& electric light and power plant and distribution system, and water system for the use and benefit of the .City and its. inhabitants; and "WEE MS, the City Council of the City of Blair has determined that it is necessary. and in the.public interest that the City of Blair;' Nebraska 2'ovide funds for the x9rpose of paying the cost of purchasing'a new r- engine and extending and improving the electric light and power plant and distribution system owned by the City; and WHERE&G, Section 19-1305 to 19 -1308 Reissue Revised Statutes of Nebraska, 1943, as amended, empowers said City of BlaLr to .issue electric and water revenue bonds payable from the revenues of the said electric light and power plant and distribution system, and waterworks plant and water system of the City; and WHEREAS, pursuant td the provisions of Section .19 -1305 to 19 -1308, Reissue Revised Statutes of Nebraska, 1943, as amended, the City Council of the City of Blair has heretofore issued Electric and Water Revenue bonds issued under date of March 1, 1965, payable solely from the revenues derived from the operation of said electric light and power plant and waterworks plant and .distribution system, of whidh there, are present outstanding Four Hundred Ninety -Five Thousan d Dollars ($495,000) principal amount, said .bonds having been issued under Ordinance No. 850, the pro- visions of which.'Ordivance No. 850 permits the issuance of additional electric and water revenue bonds secured ratably and equally by the revenues of the said electric light and power plant and distribution 2807 system and waterworks plant and system including all improvements, enlarge- ments, extensions and betterments thereof, upon compliance with the terms and . conditions set forth therein; now, therefore BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL, OF THE CITY OF BLAIR, NEBRASKA.:. Section 1. The Term "Outstanding Bonds" as used in this Ordinance shall, mean. the Combined electric and Water Revenue Bonds, dated March 1, 1965, issued pursuant to Ordinance No. 850, and "Series of 1972 Bonds" shall mean the Six Hundred Thousand Dollars (600,000). principal amount Combined Electric and Water Revenue Bonds, Series of 1972, authorized to be issued by this Ordinance at any time outstanding.. All other terms used herein which are defined in Ordinance No. 850 'shall have the same meaning as defined in said Ordinance No. 85o. Section 2. The Mayor and City Council have caused an audit to be made of the income and revenues of the electric light and power plant and distribution system of the City of Blair, Nebraska, for the last completed, fiscal year, and does hereby find and determine that: (a) The City is not in default in making any payments at the time required: .to be made.by'it into any of the funds or accounts created. by Ordinance No'. 850 as required by 44. And further determines the net revenues derived by the City from the operation of its electric and. water utility systems, such net revenues being defined as the gross revenues less any and •only.the reasonable expenses of operation, maintenance and repair of such systems.but before any other payments or charges, for the twelve consecutive. months ended f^�",.- �r'�, 1971 have been equal to at. least 150% of, the maximum amount required to be paid out of said.revenuea in any's.ucceeding .fiscal year on account of both principal and interest becoming due with respect to the Combined Electric and .Water Revenue Bonds dated March.1., 1965 and the Series of 1972 Bonds. • authorized,by this ordinance. 2808 (b) The amounts required to be credited to the respective accounts created by Subsections (A) to (D) inclusive, of Section 10 of Ordinance No. 850 been paid in full to date hereof and shall have been paid in full to 'the date of the.Series 1972 Bonds.. (c). The amount required to be paid into the Bond Sinking Fund established in•Paragraph (B) (1) and (2) of Section 10 of Ordinance No. 850 shall be proportionately increased by an amount necessary to equal one twelfth -of the next maturing installment of.pri.ncipal and one -sixth of the next maturing semi- annual interest payment on the then Outstanding Bonds and the Series of 1972 Bonds. Section 3. The Mayor and City Council of the City of Blair, Nebraska hereby.find and determine: That pursuant to the authorization contained in Sections 19 -1305 to 19 -1308, Reissue Revised Statutes of Nebraska, 1943, as amended, and in compliance with Ordinance No 850. of said City of Blair, Nebraska, that ail conditions, acts and things required by. law to be done precedent to the issuance of $bob, O00 Gi.Ylibined., Elei i,i i U and li (ar 1166 iiiue Bonds of the City, Series of 1972, authorized to be issued by this Ordinance, have been done in due time and form and the City has the power to•pro.ceed with the issuance of said bonds; that the Mayor and City Council, further find that there are presently no liens upon or pledges of the revenue and earnings of the electric light and power plant and waterworks plant.and distribution systems of the City except those created by Ordinance No. 850; there be and there are hereby ordered issued Six Hindred Thousand Dollars ($600;000) aggregate principal amount of Combined Electric and'Water Revenue Bonds, Series of. 1972 of the City of Blair, Nebraska, said bonds to be designated: "CQMBINED ELECTRIC AND•WATER REVENUE BONDS, SIZES OF 1972 ". The. Series of 1972 Bonds in the amount of $600,000 shall be dated January 1, 1972; shall. be. in $5,.000 denominations; .shall be numbered from 1. to 120, inclusive, and shall bear interest payable.January 1, 1973 and semi- annually thereafter on the first day of July and January of each year. Each bond shall become due as follows: 2809 Bond Numbers • Amount Maturity Date 1 to 4, inclusive $20,000 January 1, 1973 5 to 8, inclusive 20,000 January 1, 1974 9 to 12, inclusive 20,000 January 1, 1975 13 to 17, inclusive 25,000 January 1, 1976 18 to 23 inclusive 30,000 January 1, 1 977 24 to 29, inclusive 30,000 January 1 1978 30 to 36, inclusive 35,000 January 1, 1979 37 to 43, inclusive 35,000 January 1, 1980 44 to 51, inclusive 40,000 January 1, 1981 52 to 62, inclusive 55,000 January 1, 1982 63 to 74, inclusive 60,000 January 1, 1983_ 75 to 88, inclusive 70,000 January 1, 1984 89 to 103, inclusive 75,000 January 1, 1985 104 to 120, inclusive 85,000 January 1, 1986 Provided, however, any or all of said bonds numbered from 24 to 120 inclusive, shall be redeemable at the option of the City at any time on or after January. 1, 1977 at par and accrued interest to the date set for redemption and .a premium computed in accordance with the following schedule: At 3% from January 1, 1977 to December 31, 1979, inclusive At 2% from January 1, 1980 to December 31, 1982, inclusive At 1% from January 1, 1983 to December 31, 1985, . inclusive Both the principal of and interest . on the Series of 1972 Bonds shall be payable at the office of the County Treasurer of Washington County, in Blair, Nebraska in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be payable January 1, 1973 and semi - annually, thereafter on the first day of July and January of each year. Said bonds shall bear interest as follows: Bond Nos. 1 to 74, inclusive, at'the rate of Four and Three Tenths per centum (4.3 %) per annum from date of issuance until maturity. Bond Nos. 75 to 88, inclusive, at the rate of Four and Four Tenths per centum (4.4 %) per annum from date of issuance until maturity. Bond Nos. 89 to 103, inclusive, .at the rate of Four and One -Half per centum (4.500 per annum from date of issuance until maturity. Bond Nos. 104 to 120, inclusive, at the rate of Four and Six Tenths per centum (4.6%) per annum from date of issuance until maturity. 2810 Section lv. The Series •of...1972 Bonds .shall be .signed by the Mayor, seared with the corporate seal of said City, and attested by the City Clerk and the interest coupons attached to said bonds shall be executed by the facsimile signatures of said Mayor and . said City Clerk, and said officials, by the execution of said bonds, shall adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. The Series of 1972 Bonds and coupons. pertaining thereto shai1 be in substantially the following form: • No. 2811 UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR COMBINED ELECTRIC AND WATER REVENUE BONDS SERFS OF 1972 .(INSERT TNT;EREST.RATES AS SET OUT IN SECTION 3 OF THE BOND *ORDINANCE) 5; KN0W.ALL MEN BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, for value received, .hereby : promises to pay to.the bearer hereof, solely out of the revenue and earnings of the City's electric light power plant and•system and waterworks plant' . and system,. as hereinafter. specified, the sum of FIVE THOUSAND DOLLARS • ($5,000.00). in lawful money of the United States of America on the first day of January, 19 with interest thereon Interest shall be payable January 1, 1,973 and semi - annually there- after on the first day of July and January of each.year;,on presentation -and surrender. of the interest coupons hereto attached as they .severally be -. come due. . Both the prizcipal.hereof and the interest hereon are payable at the office of the Treasurer of Washington. County, in Blair, Nebraska. (Bond Nos. 24 to 120, inclusive) This bond maybe redeemed.at the option of the City of Blair, Nebraska,.at.any time on or after January 1, 1977 at par and accrued interest to the date set for. redemption,.plus the following,percent of the par value thereof - At 3% from January 1977 to December 31, 1979, inclusive; At 2% from January 1, 1980 to December 31, 1982, inclusive; At 1% from January 1, 1983 to December 31, 1985, inclusive; If less than all of the bonds of'this issue are redeemed at anytime they shall be redeemed An the inverse order of their serial numbers. THIS BOND is one of . a series of bonds of like date_nd.tenor, ex- cepting number, denomination .a , rate of interest and maturity, aggregating the principal amount of $600,.000 Combined Electric 'and Water Revenue Bonds, Series of 1972, issued by the City of Blair, Nebraska, for the purpose o paying the cost of purchasing.a new engine gine and extending and improving the .electric light .plant and power plant and distribution system of said City, . under the authority of and incompliance with the Statutes of-the State of. :Nebraska, including•Sections 19 -1305 to•19- 1300•of the Resissue Revised Statutes of Nebraska, 1943, as amended, and. all other. laws applicable. thereto and pursuant to an .ordinance duly passed and approved and proceed- ings duly had .bythe Mayor and Council.of said City.. . THIS -.BOND and interest hereon are payable solely from the revenue and earnings of the electric light power plant, system and water plant and system of.the City of Blair, Nebraska,. including all improvements,, enlarge- ments, extensions and betterments thereof, and not.from any other fund•or source. Under the Ordinance of said City authorizing this bond and the _. series of which it is a part, the revenues derived and to be derived from the operation of the City's electric light, power plant, system and water plant and system, including the revenue of all improvements, extensions, enlargements, and betterments of said systems will be deposited in a separate fund designated as the "Combined Electric and WaterTJtilities:Funid" of said City, which said. Fund shall be used only in paying the reasonable expenses of operating, maintaining and repairing the City's electric light and power plant and system and water plant and system, paying the principal of and interest on the bonds of said City that are issued under the author- ity of the Statutes of the State of Nebraska, and ordinances of said City and which are payable by their terms from the revenue of said electric light, power plant, system and water plant and system, making repairs,, replacements, improvements,enlargements, extensions or betterments of said electric light, power plant, system, and water plant and system, including the purchase and acquisition of any equipment or other property necessary therefor, establishing reasonable reserves for the purposes aforesaid, and otherwise as specified in said Ordinance. This bond does not constitute a general obligation of said City nor an indebtedness of said City within any constitutional or statutory limitation. THE CITY OF'BLUR,•NEBRASKP, hereby covenants with the holder of this bond to keep and perform all covenants and agreements. contained in the ordinance of said City authorizing the series of Combined.Electric and Water Revenue Bonds", Series of 1972, of .said City of which this bond is a part, and said City will fix, establish, maintain and collect rates, fees or charges for the use of or services rendered by its electric light and power plant and system and waterworks plant and system, including all im- provements, extensions,' enlargements and betterments thereof, which rates,. fees or charges will be sufficient to pay of operating, maintaining .and repairing said elect uric li,ht,-power: plant, system, and water plant c.nd. .system, pay the principal of and interest on this bond and oh'the series of which this bond is a part, and the principal of and interest on -any other Combined Electric and Water Revenue Bonds of said City hereafter, issued in accordance with the provisions.of said. ordinance and payable from said. • revenue, and'provide.adequate reserves therefor. In accordance with the provisions of Sections 19 -1305 to 19 -1308, Reissue Revised: Statutes of . Nebraska, 1943, as amended, this.Bond and the series of which .it is a part, shall be a lien upon the revenue and earnings of the City's electric light, power plant, system, andwater plant and system, and for the payment of the'princ.ipal of and interest on said bonds, including this bond, a sufficient portion of revenue and earnings of the City's.electric light, power plant, system,, and water plant and system is hereby irrevocably . pledged. This bond and series o' Which it is a part have been authorizes. and, issued under the provisions of an ordinance of the City duly passed to which ordinance reference is made for a- description.of.the covenants of the City with respect to the collection, segregation and pplication of the revenue of the electric light, power plant, system, and water plant and system of the. City, the. nature and- extent of the security for such bonds, ;. the rights, duties and-obligations of the City with respect thereto,. and the rights of'•the holders thereto. Under the terms of such ordinance; the City has the. right to issue additional parity bonds payable from the'same source and secured by the same: revenue: as this bond and the series of which it is a part, provided, however, such additional bonds:may be so issued only in accordance.with and subject to the covenants, conditions and restrictions. .relating thereto set.forth.in said ordinance. THE BOND herein authorized are issued in compliance with the pro- visions of Ordinance No. 850 and shall stand on a parity with respect to the payment of principal 'and interest and in all other respects with a series of Combined *Electric and Water Revenue Bonds of the City dated March 1, 1965,' 'authorized. by Ordinance No. 850, of which, series of bonds in the principal amount of $495,000 remain outstanding. The bonds hereinauthor- ized shall not have any priority with respect to the payment of'principal or interest, or otherwise over any other Combined Electric and Water Revenue Bonds of the City heretofore or hereafter issued on aparity with the bonds herein authorized, nor shall any other Combined Electric and Water Revenue Bonds of the City heretofore or hereafter issued have any any priority with respect to the payment of principal or interest or other- wise over - the bonds herein authorized. THIS BOND AND the interest coupons hereto attached are negotiable and shall be transferable by delivery. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things .required to exist, happen and be performed .;precedent to and in the issuance of this bond and the series of which this bond .is a part, in order to make the same. legal and binding obligations of said City according - to the terms thereof, do exist, have happened, and have been: performed'in due time, form and manner as required by law, and thatprovision has been made for the collection sand segregation of the revenue of the City;s electric light, power plant, system, and water plant and system, for _the application of the same as hereinbefore provided. • IN WITNESS' WHEREOF, .the City of Blair., Nebraska, by its.Mayor and Council, has caused this bond to be signed by Mayor, seal t� be hereto affiXed and attested by its City Clerk, and the coupons hereto attached.to be signed by the facsimile signatures of said Mayor and City Clerk, which said facsimile signatures on said interest coupons said officials by the execution of this bond do adopt as and for their own proper signatures and this bond to be dated the first day of.January, 1972. Af;i,esL: City Clerk (SEAL) No. On the first day of July (January), 19 „.(unless the bond to which this coupon is attached has theretofore been called :for payment and payment made or provided.for) the City of Blair, 'Nebraska, will. pay to bearer solely from the revenue and earnings of the City's electric light and power plant and system and. waterworks system; the sum of Dollars ($ ) in lawful money .of the United States of America the office of the County.' Treasurer of Washington County, Nebraska in the City of Blair, Nebraska, being interest then due on its Combined, Electric and Water Revenue Bonds,. Series 1972; . dated January 1, 1972. No. Mayor 2 813 . • CITY OF BI.IR., NEBRASKA (FORM OF COUPON) City Clerk Mayor 2814 Section 5. The Series of 1972 Bonds, together with the interest thereon shall be payable on a parity with the Outstanding Bonds and equally and ratably secured therewith, solely from the revenue derived from the operation of the electric light power plant, distribution system and water plant and system of the City, and shall not in any event be a debt of said City within the meaning of any constitutional or statutory limitation upon the creation of general obligation indebtedness of the City. The Series of 1972 Bonds are hereby determined to be "Additional Bonds" within the meaning of such term hereby determined and defined and used in Ordinance No. 850. So long as any Series of 1972 Bonds are outstanding and unpaid, both principal and interest or less and until provisions shall have been made for the payment of all of said bonds and the interest thereon in f1.1l11, Sections 5 to 13, inclusive, of Ordinance No. 850 shall, remain in fu 11 force and effect for the benefit of the holders of the Series of 1972 Bonds, and shall be applicable to the Series of 1972. Bonds and are made a part hereof for the benefit and security of the holders from time to time or the aeries of 1972.bonds as though fully set forth herein, iueludilig, without limiting the generality of the foregoing, all provisions of Ordinance No. 850 relating to the pledge, collection, deposit and applica- tion of the revenue of the electric light power plant, distribution system, and water plant and system, and that the maintenance of all the special . funds and accounts as therein provided; establishment and maintenance of rates and charges; the maintenance and operation of the electric light power plant and water plant and system; insurance, books, accounts, and audit restrictions upon the issuance of Additional Bonds; and all other covenants, terms and conditions contained in Ordinance No. 850 for the benefit and security of the holders of bonds outstanding thereunder. Without limiting or amending in any way any of the provisions of Section 10 of Ordinance No 850 . but supplemental to the provisions thereof, the City covenants . and ' agrees with the holders of the Se -ries of 1972 Bonds to impose• and collect.such rates and charges,.to make such payments from the Combined Electric.and Water Utilities Fund into the "Reserve A.ceount for Combined Electric and Water Refunding Revenue Bonds, dated.March 1;. 1965 and Combined Electric and Wager Revenue Bonds Dated January 1, 1972, se that there shall be credited to the said. Reserve Account $115,000 se long a;4 any Series of 1972 Bonds are outstanding. Payments into the Bond Reserve 2815 Account for Combined Electric and Water Refunding Revenue Bonds, dated March 1, 1965 and Combined Electric and Water Revenue Bonds, dated January .1, 1972, be made each month in an amount not less than $3,750.00 until the account has reached the sum of $115,000.00. There has been deposited . in this Fund $70,000.00, which monies have been invested in U. E. Government Securities and therefore no payments need be made•into.the Bond Reserve Account for Combined Electric and Water Refunding Revenue Bonds, dated March 1, 1965 and Combined Electric and'Water Revenue Bonds dated January 1, 1972 unless a withdrawa•1.is made, thereafter payments will be resumed until the account has been returned to. the maximum reserve amount. • Section 6. Said bonds having been sold to the successful the Treasurer of the City is authorized to issue and deliver the bonds to said purchaser upon receipt offull payment of the purchase price thereof as fixed by the constrct between the purchaser and the City. Said purchase price, including any premiums on said bonds or any accrued interest thereon, shall be deposited in a separate.fund..hereby � C t . b the'" ti..- l:.t'2cL''�E.i'1 iii 'Ole : i.'F:c4 of the iii ..:;• �.iTiv`7ii 3.;; Lli,B' �. .^.,Ci;.:.l.:.ii�u .r'`.�. %tsic and Water Plant Bonstruction Fund of 1972 ", sometimes hereinafter referred•tc- as the "Construction Fund" and shall be used by said City for the sold purpose of paying the of purchasing. an. engine and making extensions and enlargements of the City's electric system as hereinbeffore specified, Withdrawals from said Fund shall be made on duly authorized and executed claims therefor accompanied by a certificate executed by the City's Engineer or Consulting Engineers that such payment is being made for a purpose eithin the scope of the ordinance and that the amount of such payment. represents • only the contract price or reasonable value of the property, labor, Materials, services or obligation .being. paid for. If, upon the completion of making said.extensions and enlargements as certified by the dity's Engineer or Consulting Engineers, any moneys shall.remain in said • "Construction Fund ",. said moneys shall be credited. to and deposited in the "Reserve Account for Combined Electric and Water Revenue Bonds, . dated March 1, 1965rrand Combined Electric and Water Revenue Bonds, dated January 1, 1972 ", established in paragraph (C) of Section 9 of Ordinance No. 850. Any moneys held in the "Construction Fund" may be invested by the City if permitted by law in bonds or other direct or indirect .obliga- tions of the United States Government or any agency of the United States Government having a fixed redemption value or becoming due within one year from the date of purchase. Section 7. The City hereby covenants with the hcl : ers of the Series of 1972 Bonds that, the City does not intend or expect that all or a major portion of the proceeds of sale of the Series of 1972 Bonds will be used directly or indirectly to acquire securities or obligations which may be expected to produce a yield over the term of the Series of 1972 Bonds which is materially higher than the interest payable on the Series. of 1972 Bonds, or to replace funds used, directly or indirectly, to acquire such securities or obligations, except as may be permitted by Section • 103 (d) of the Internal Revenue Code of 1954, as amended, or uegulations thereunder. The City further covenants to take all action or`do all things, including investment of the bond proceeds or reserves held under this ordinance necessary to prevent the Series of 1972 Bonds•from being deemed "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended. Section 8. The electric plant and waterworks systems shall be operated on a basis of a fiscal year, which fiscal year being the twelve month period commencing August 1 of each year.and .ending on July 31 of'the following 'year. Section 9. This'Ordinance after its passage shall be published once in The Enterprise,. a, newspaper publishing and having a general circula- tion in the City of Blair, Nebraska, and shall be in full force and effect as provided by law. Passed this ! th . ' day of + eto 1' 1 . . 2816 OPENING ROLL CALL 2821 Blair, Nebraska December 28, 1971 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 o'clock P.M., Acting Mayor Lutz presided at the meeting and City Clerk, L. W. Svendgaard, recorded the proceedings of the meeting. The Mayor directed the Clerk to call the roll and on roll call Councilman Allen, Hansen, Kuhr, Lutz, Pounds, Sheets and Sick were present. Councilman Nelson was absent. ORDER OF BUSINESS Whereupon the Acting Mayor announced that the introduction of Ordinances was now in order. It was moved by Councilman Allen and seconded by Councilman Hansen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 103# be preserved and kept in a separate and distinct volume known as the Ordinance Record'. of the City of Blair, Nebraska, and that . said volume be incorporated in and made a part of these proceedings the same as though spread at large therein. Councilman JFounds called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Sheets, Sick. Nays: None. Absent: Nelson. Motion: Carried. ORDINANCE NO. 1035 Introduction of Ordinance No. 1035 of the City of Blair, Nebraska and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1035 of the City of Blair, Nebraska. This Ordinance No. 1035 was introduced by Councilman Hansen and is in words and figures as follows: ORDINANCE NO. 1035 AN ORDINANCE RELATING TO SUBDIVISION REGULATIONS IN THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR THE NAME AND CITATION OF TITLES, FOR THE PURPOSE THEREOF, FOR THE DEFINITIONS OF TERMS USED, FOR THE PROCEDURE FOR APPROVAL OF PRELIMINARY PLAT;. `, FOR THE PROCEDURE FOR APPROVAL OF FINAL PLAT, FOR PLATS OUTSIDE CORPORATE LIMITS, FOR VACATION OF A PLAT OF RECORD, FOR PROFESSIONAL ASSISTANCE, FOR PRELIMINARY PLAT AND SUPPLEMENTAL DATA, FOR FINAL PLAT AND REQUIRED. SUPPLEMENTAL DATA, FOR DESIGN CRITERIA, FOR DISPOSITION OF UNSUITABLE LANDS, FOR LAYING OUT OF STREETS, FOR LAYING OUT OF BLOCKS, FOR LAYING OUT OF LOTS, FOR PUBLIC SITES AND OPEN SPACES, FOR REQUIREMENTS AS TO PLANS AND SPECIFICATIONS OF IMPROVEMENTS, FOR REQUIRED IMPROVEMENTS, FOR VARIANCES ON BASIS OF HARDSHIP, FOR PLANNED UNIT DEVELOPMENT, FOR PAYMENT OF EEES, FOR ENFORCEMENT THEREOF AND VALIDITY THEREOF, FOR BUILDING PERMITS, FOR LIMITATION OF EXPENDITURE OF CITY FUNDS, FOR PROCEDURE TO AMEND, FOR SEVERABILITY THEREOF, FOR PENALTIES FOR VIOLATION THEREOF: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH: PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT AND DESIGNATING SAID ORDINANCE AS SECTION 10.101 THROUGH 10,1401 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION. That "Land Subdivision Regulations" be created in the Municipal Code of the City of Blair, Nebraska and shall become a part of and be known as Sections 10.101 through 10.1401 of the above stated code. SECTION 2. That said regulations shall be published in pamphlet form to be distributed by the City, until such time as they are incorporated and become a part of the recodified Municipal Code of the City of Blair, Nebraska. SECTION 3. That this Ordinance shall effect and be in force from and after its passage, approval, publication as provided by law. Passed and approved this twenty- eighth day of December, 1971. ATTEST: W: frendgaard City Clerk (SEAL) 2822 SUSPENSION OF RULES FIRST READING Jo Lit President of the Council The Acting Mayor directed the Clerk th read by title Ordinance No. 1035 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1035 by title upon its first reading. Whereupon Councilman Allen moved that Ordinance No. 1035 be approved on its first reading and its title agreed to. Councilman Hansen seconded the motion and Councilman Pounds called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Sheets, Sick. Nays: None. Absent: Nelson. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1035 approved on its first reading and its title agreed to. Whereupon it was moved by Councilman Allen and seconded by Councilman Hansen that the Statutory Rules in regard to the passage and adoption of Ordinances be suspended so that Ordinance No. 1035 might be introduced, read, approved and passed at the same meeting. Councilman Pounds called for the question. The Acting Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Allen, Hansen, Kuhr, Lutz, Pounds, Sheets, Sick. Nays: None. Absent: Nelson. Motion: Carried.