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1981MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA ORDINANCE NO. 1291 PUBLISHED BY AUTHORITY OF THE MAYOR AND CITY COUNCIL February 24 , 19 81 Codified by The League of Nebraska Municipalities Lincoln, Nebraska 1 ORDINANCES OF A GENERAL AND PERMANENT NATURE of the CITY of BLAIR, NEBRASKA ORDINANCE NO. 1291 An ordinance of the City of Blair, Nebraska, codifying the general ordinances of the Municipal- ity, repealing prior ordinances in conflict herewith. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BLAIR, NEBRASKA. Section 1. Codification. The general ordinances of the Municipality of Blair, Nebraska, are hereby codified into twelve chapters and the articles and sections hereunder, which are adopted and de- clared to be ordinances of this Municipality. Section 2. Repeal of Prior Ordinances in Con- flict. All ordinances and parts of ordinances of a general or permanent nature passed and approved prior to the passage and approval of this codifica- tion ordinance and in conflict with this ordinance or with any, of the provisions of this ordinance., are hereby repealed; Provided, that in construing the provisions of this ordinance the following ordinances shall not be considered or held to be ordinances of a general or permanent nature, to -wit: 1. Ordinances vacating streets and alleys. 2. Ordinances authorizing or directing public im- provements to be made. 3. Ordinances levying taxes or special assess- ments. • 4. Ordinances granting a franchise, or special license to persons, firms, or corporations. 5. Ordinances providing for the issuance of bonds or other instruments of indebtedness. 6. Ordinances establishing grades. 7. Real Estate Transactions. 8. Any other ordinance which by nature would be considered special. Section 3. Exceptions. The repeal of ordi- nances as provided in Section 2, Ordinance No. 1291 shall not affect, any rights acquired, fines, penal- ties, forfeitures, or liabilities incurred thereunder, or actions involving any of the provisions of such ordinances and parts thereof prior to repeal. Such ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this general codification ordinance for the purpose of all rights, fines, penalties, forfei- tures, liabilities, and actions therefor. Section 4. Defining Chapters, Articles, and Sections. The chapters, articles, and sections as set forth herein shall be and hereby are declared to be the chapters, articles, and sections of this gen- eral codification ordinance. All ordinances hereafter passed by the local Governing Body of the Munici- pality shall be numbered consecutively, beginning with No. 1291 Section 5. Severability. If any section, sub- section, paragraph, sentence, clause, phrase, term, or provision of this ordinance should be declared invalid by any court of competent jurisdiction for any reason whatsoever, such decision shall not af- fect the remaining portions of this code, which will remain in full force and effect, and the provisions of this ordinance are hereby declared to be sever- able. Section 6. Blanket Penalty. Any person, -his agents, or servants who shall violate any of the provisions of this Municipal Code unless otherwise specifically provided herein, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred ($100.00) dollars. Whoever aids, abets, procures, encourages, requests, advises, or incites another to commit any act which is an offense under this Code or under any other ordinance of the Municipality may be prosecuted and punished as though he were the principal offender. Section 7. General Definitions: 1. Person. Whenever used in this code, the word person shall include natural persons, artificial persons, such as corporations, co- partnerships, associations, and all aggregate organizations of whatever character. 2. Gender and Number. All words used herein im- plying the masculine gender may apply to, and include the feminine or neuter gender and all words importing the plural may be applied to, and mean a single person, firm, or thing. All words importing the singular number may be applied to and mean the plural number. 3. Code, Ordinance, and Chapter. Municipal Code shall mean the General Codification Ordinance No. 1291_ Ordinance and chapter are used sy- nonymousfy unless from the context the con- trary clearly appears. 4. Wholesale Dealer. The words wholesale dealer or sellers of said product at wholesale shall em- brace and include manufacturers of any pro- duct who sell the said product to other persons for the purpose of future resale to consumers. 5. Municipal and Municipality. The words Municipal and Municipality whenever used in this code shall mean the City of Blair, Nebraska, a Municipal Corporation.. 6. Governing Body. The words Governing Body, whenever they appear in . this Code mean the Mayor and City Council of the Municipality. 7. Mayor. The word Mayor means the Chief Admin- istrative Official of _ the Municipality whenever it appears in this Code. 8'. Municipal . Police.. Municipal Police shall mean any police officer of the Municipality whenever it appears in this Code. Section 8. Time. Whenever words fixing or im- porting time or the hour of the day are used in this Code, they shall be construed to mean Central Standard Time or Central Daylight Savings Time whichever is applicable. Section 9. Construction of Chapters, Articles, and Sections. For purposes of construction each chapter contained and arranged in this Code shall be considered as a separate and distinct ordinance grouped for convenience under the General Codifica- tion Ordinance No. 1291 , each section appearing, in the several chapters of this Code shall be consider- ed a separate and distinct unit of legislation ger- mane to the chapter or article under which it is grouped and each article appearing in the said chapters shall be considered as a group of legisla- tive units germane to the chapter wherein it is placed. Any chapter, article, or section duly enacted by the Governing Body of the Municipality and included in this Code, and any other indepen- dent ordinance, chapter, article, section, or subsec- tion of an ordinance duly enacted shall be altered, - amended, or revised only by the complete nullifica- tion and repeal of such ordinance, chapter, article, section, or subsection and by the substitution of a new ordinance, chapter, article, section, or subsec- tion containing the entire ordinance, chapter, arti- cle, section, or subsection as amended, altered, or revised. Section 10. Publication and Distribution. This code was printed in book form under the . direction of the Governing Body, and shall be distributed as it may see fit. (Ref. 17 -613, 17-614 RS Neb.) Section 11. When Operative. This ordinance shall be in full force and shall take effect from and after its passage, approval and publication .accord- ing to law. • Passed and approved February 24 ,19 City Cler (SEAL) State of Nebraska. Washington County CERTIFICATE ) ) :ss: VERNA R. BULL, hereby certifie duly appointed, qualified and act the City of Blair, Nebraska, and foregoing Ordinance . was passed at of the Mayor and City .Council of the 24th day of February ., 1981 . s that, she is the ing .City Clerk of that the above and a regular meeting said City held on 81 VERNA R. B1l:lr` CITY CLERK ORDINANCE NO, 1292 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ESTABLISH POLICIES.: RELATING TO INTERCONNECTIONS OF THE ELECTRIC SYSTEM OF THE CITY OF BLAIR, NEBRASKA, WITH COGENERATION AND SMALL POWER PRODUCTION FACILITIES; PRESCRIBING DEFINITIONS AND POLICIES RELATING TO INTERCONNECTIONS WITH QUALIFYING FACILITIES, RATES FOR SALES OF ELECTRIC ENERGY TO QUALIFYING FACILITIES, AND RATES FOR PURCHASE OF ELECTRIC ENERGY FROM QUALIFYING FACILITIES; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT: In order to comply with Sections 201 and 210 of the Public Utility Regulatory Policies Act of 1978 and with the rules and regulations of the Federal Energy Regulatory Commission pertaining thereto, the following policies relating to inter- connections of the electric system of the City of Blair, Nebraska • with cogeneration and small power production facilities, rates fo'r sales of electric energy to such facilities, and rates for purchases of electric energy from such facilities are hereby established: SECTION 1. DEFINITIONS. For the purposes of this ordinance the following definitions will apply. "Cogeneration facility" means a facility which produces electric energy and steam or other forms of useful energy (such; as heat) which are used for industrial, commercial, heating, or cooling. purposes. "Qualifying cogeneration facility" means a cogeneration facility that meets the requirements of the Federal Energy Regulatory Commission regarding ownership, fuel use, and operating and efficiency standards. "Small power production facility" means a facility which produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combina- tion "thereof totaling not greater than 80 megawatts at one site. " Qualifying sma power production facility" means a small power production facility that meets the requirements of the Federal Energy Regulatory Commission regarding ownership, fuel use, fuel efficiency, and reliability. "Interconnection costs" means the reasonable costs of con- nection, switching metering, transmission,.distribution, safety provisions, and administrative costs incurred by.:the electric utility directly related to the installation and maintenance of the physical -facilities necessary to permit interconnected operations with a quai to the extent.such costs are in excess of the corresponding costs which•t.he electric utility would have incurred if it.had.not"e.ngaged in inter- connected operations, but instead generated'.an equivalent amount of.el.ectric energy itself or purchased an.equivalent amount of energy or capacity from other sources. ( Interconn.ection costs do not include any costs involved in the calculation of avoided costs.) ' "Avoided costs" means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from qualifying facilities, such utiiity would generate itself or purchase from another source. SECTION 2.., INTERCONNECTIONS WITH 'QUALIFYING FACILITIES% Qualifying facilities desiring interconnect with the electric system of the City of Blair', Nebraska, make application to the Board of Public Works for such interconnection. Applicants shall use such forms as ire prescribed by the City of Blair, Nebraska and shall furnish all information requested. The City of Blair, Nebraska, shall establish reasonable standards to be met by qualifying facilities to ensure safety and reliability of interconnected operations. Such . standards may include but shall not be limited to the following areas: power factor; voltage regulation; fault, overcurrent, and over -under voltage protection; harmonics; synchronization; and isolation. Interconnection costs associated with the interconnection with a qualifying'facility shall be paid by such qualifying facility. Qualifying facilities shall be required to execute contractual agree- ments with the City of Blair, Nebraska before an interconnection is established. SECTION 3. RATES FOR SALES OF ELECTRIC ENERGY TO QUALIFYING FACILITIES. Rates for sales of electric energy to qualifying facilities shall be those current standard rates adopted from time to time by resolution of the Mayor and City Council which apply to other customers of the utility in the same classification(s) of electric service. SECTION 4. RATES PURCHASES OF ELECTRIC ENERGY FROM QUALIFYING FACILITIES. Rates •for purchases of electric energy from qualifying facilities shall be established by resolution of the Mayor and City Council. Such rates shall be just and reasonable to the electric consumer of the utility.and in the public interest, shall not discriminate against qualifying cogeneration and small power 'in no case is the utility required to pay morethan the avoided costs. production facilities, and shall be related to avoided costs; however, Standard rates shall be established for purchases from qualifying facilities with a design capacity of 100 kilowatts or less. Rates for purchases from qualifying facilities with a design capacity over 100 kilowatts may be standard rates or may be by individual contracts, the terms of which are fair and reasonable. SECTION S. EFFECTIVE. This ordinance shall take effect and be in full force upon its passage, approval and publication according to law. Passed and approved this 10th day of March, 1981. ATTEST: /Lte, VERNA R. BULL, City Clerk M. STANLEY JENSEN, VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City hled on the 10th day of March, 1981. 4 a VERNA R. BULL, City Clerk DATE: February 27, 1981 FROM: Gerald J. Krause TO: E. C. Pape SUBJECT: Cogenerating and Small Power Producing Facilities Policy The Public Utility Regulatory Policies Act (PURPA) as supplemented by Federal Energy Regulatory Commission (FERC) Order No. 69 issued February 19, 1980 en- courages cogeneration and small power production. The Omaha Public Power District (District) is required by PURPA and FERC guidelines to interconnect with, operate in parallel with, purchase electricity from, and sell electricity to customers with qualified facilities. These guidelines dictate that the District's customers shall not be penalized as a result of adding cogenerators and small power producers. This means that the District's other customers will not experience a higher cost for electricity, the District will not be required to make additional investments, and the quality of service will not be lowered. On January 21, 1981 at a public hearing, the District received information from customers and others interested in cogeneration and small power production. Utilizing this information, FERC guidelines, and data available from electric utility sources, the District's staff developed a policy concerning cogenerators and small power producers. The policy which is attached covers the following: it is recommended that the policy be approved as the District's policy for co- generating and small power producing facilities. GJK:ARS: rlm Attachment RECOMMENDED: E. C. Pape - electric rates - safety and reliability considerations - technical considerations - requirements for a signed agreement - the agreement format - billing procedure OMAHA PUBLIC POWER DISTRICT Inuruep'cD jII 7iJIi i Gerald J. Kra se) APPROVED: . L. C. Shalia d OMAHA PUBLIC POWER DISTRi.CT'S POLICY FOR COGENERATING AND SMALL POWER PRODUCING FACILITIES The Public Utility Regulatory Policies Act (PURPA) as supplemented by Federal. Energy Regulatory Commission (FERC) Order No. 69 issued February 19, 1980 encourages cogeneration and small power production. Cogeneration is the production of electric energy as well as steam or other forms of useful energy (such as heat) which are used for indus- trial, commercial, heating, or cooling purposes. Small power production • is a facility with less than 80,000 kilowatts of installed capacity which produces electricity from such primary energy sources as biomass, waste, renewable resources including wind, solar, geothermal, or hydroelectric energy. The Omaha Public Power District (District) is required by PURPA and FERC guidelines to interconnect with, operate in parallel with, pur- chase electricity from, and sell electricity to customers with qualified facilities. These guidelines make it clear that the District's cus- tomers are to be no worse off by addition of cogenerators and small power producers. This means that they will not see a higher cost of electricity, the District will not be required to make additional invest- ments, and the quality of service will not be lowered. The policy concerning the operation of cogeneration and small power producing facilities in the District's service area is as follows: 1. The District will encourage cogeneration and small power pro- ducers in the District's service area. However, the District's other customers will not be detrimentally affected due to the addition of cogeneration and small power producers. 2. The District will qualify a customer's generation facilities according to guidelines outlined in FERC Order No. 70. If the District does not qualify the facility, the customer can request a determination from FERC. 3. There will be a written agreement between the District and the customer. The agreement will outline the interconnection point, the metering and other equipment, inspection and maintenance of the interconnecting equipment, the rates involved, and the responsibilities of each party involved. The District will not operate in parallel without a signed agreement. 4. If the District determines that a qualifying facility is not performing to the established standards or is reducing the quality of service to other District customers, the customer must disconnect the qualifying facility from parallel operation. The qualifying facility must remain disconnected until corrective meas.ares - have been taken and the facility no longer has detri- mental affects on the quality of service provided to other Dis- trict customers. In the event the customer does not discontinue parallel operation, the District will terminate electric service to the customer. 5. The District will provide energy sales to the qualifying facility. This includes supplementary power, backup power, maintenance power, and interruptible power which the customer with a qualified facility may require. 6. The District will purchase electric energy from the qualifying facility provided the appropriate metering has been installed. The rate for this purchase will be based on the District's avoided costs. 7. The customer with a qualified facility will pay now and in the future for all additional equipment, installation costs, and maintenance costs which are over and above those required if the customer did not have a qualified facility. 8. (a) Billing - See Attachment A (b) Rates - See Attachment B (c) Agreement - See Attachment C (d) Technical Specifications - See Exhibit 1 of Attachment .0 ATTACHMENT A BILLING The District will submit a monthly statement to the Customer which in- cludes the following information as applicable: Item Rate kWh and/or kW customer received from District BILLED ITEMS Standard Service Polyphase Service Charge Fuel and Production Cost Adjustment (FPA) Taxes Additional Charges See Note 1 Subtotal Energy Accounting Charge CREDIT ITEMS kWh and /or kW Customer Delivered to District Net Amount Due the District (Customer) Total Gross Bill: Due Date: District's Standard Rate Schedule_ Supplementary Power District's Rate Schedule for the Backup Power Type. of Service as Indicated in Maintenance Power Agreement interruptible Power Primary Service Discount District's Primary Service Dis- count Rate, if Applicable General Service Rate, if Applica- ble District's FPA Factor Applicable Tax Rate See Note 2 Avoided Cost Based Rate The number of kilowatthours and /or kilowatts the Customer receives from and delivers to the District will be measured by the meters installed at the Customers location. These meters will be read by the District monthly. The meter readings will be estimated, if necessary, in accordance with the District's normal estimating procedure. NOTE 1: The additional charges include Private Outdoor Lights, equipment rental, account service charge, and /or other charges to be billed the customer in accordance with the established practices of the District. NOTE 2; The Energy Accounting Charge for gathering, recording, handling, and billing the information from the meter(s) monitoring kilowatthours delivered to the District. The charge will be as follows: kWh or kW Meter $1.00 per month per meter Magnetic Tape Recorder. $2.00 per month per recorder ATTACHMENT B RATES FOR PURCHASE FROM QUALIFYING FACILITY The standard rate for purchases from facilities of 100 kilowatts or less of generating capacity will be based on the avoided costs of the District. The District will continually monitor the avoided costs. The District's Board of Directors may adjust the rate for purchases as the changes in avoided costs warrant. Effective March 12, 1981, the standard rate for purchases from facilities of 100 kilowatts or less of generating . capacity will be as follows: Type of Metering Monitoring District will Pay the Electricity Received for Electricity Received From the Customer From the Customer No Metering No Rate kWh Metering 1.1t per kWh kWh and kW Metering 1.1C per kWh Time -of -Day kWh and /or kW Metering Summer (June - September) Daily Time Periods On Peak 11:01 A.M. to 10:00 P.M. 1.6t per kWh Off Peak 10:01 P.M. to 11:00 A.M. 1.0t per kWh Winter (October - May) Daily Time Periods On Peak 7:01 A.M. to 12 :00 Mid. 1.2t per kWh Off Peak 12:01 A.M. to 7:00 A.M. 1.0t per kWh The above rates will be effective until changed or modified by the District's Board of Directors. The rates for purchases from qualified facilities with more than 100 kilowatts of generating capacity will be based on the District's avoided costs and will be established for each facility.- These rates will be approved by the District's Board of Directors and will be effective until changed or modified by the District's Board of Directors. RATES FOR SALES TO CUSTOMER The District will - provide energy sales to the qualifying facility. This includes supplementary power, backup power, maintenance power, and interruptible power in accordance with the requirements of the qualifying facility. Supplementary power is the electric energy or capacity supplied by the District regularly to the qualifying facility in addition to that the facility generates itself. Supplementary power will be supplied on the District's appropriate standard residential or general service rate schedule in accordance with the amount of energy and demand the qualifying facility received, Backup power is the energy or capacity supplied by the District to replace energy ordinarily generated by the facility's own generating equip- ment during an unscheduled outage of the facility. Maintenance power is the electric energy or capacity supplied by the District during scheduled outages of the qualifying facility. Backup power and maintenance power would be supplied in accordance with the appropriate District's general service rate schedule with the exception that the ratchet provision will not be applied as long as the District has surplus generating capacity. The maintenance power must be scheduled during the seasonal and /or daily light load periods of the District. Interruptible power is the electric energy or capacity supplied by the District subject to Interruption by the District under specified con- ditions. Interruptible power will be supplied in accordance with the District's current interruptible schedule for the general service customers. Ail sizes of qualifying facilities could obtain any one or all of these types of power provided the appropriate metering has been installed. The energy will be billed in accordance with the District's appropriate rate schedule. - ATTACHMENT C Omaha Public Power District Cogenerator and /or Small Power Producer Agreement 1. The Customer desires to install The undersigned (Customer), a.retaii customer of the Omaha Public Power District (District) and the District agree as follows: (Type) generation equipment to supplement their electric service -at (Street) (City) (State) and has requested that it be connected to the same circuits being served by District. 2.:' The District is wilting to accomodate equipment of a size and type approved in advance by District. The District's approval of the Customer's use of the equipment shall not be construed as con- firming or endorsing the design or effectiveness of the equipment or the Customer plan for use of the equipment for actually re- ducing demand or energy usage, or as any warranty of the safety, durability, or reliability of the equipment. The interconnection for parallel operation of two electrical distribution systems when each system has generating faciIities requires the consideration of technical aspects not normally i volved when one system is non - generating system. These technical aspects need to be considered regardless of size and ownership of the generating facilities. 4. Exhibit 1 contains the District's established standards for interconnection and protective equipment required for a safe and reliable parallel operation which does not interfere with the electrical service to the District's other customers. The District reserves the right to amend Exhibit 1 to give.con- sideration to necessary technical requirements of such parallel operation. 5. The Customer will pay the District for all costs incurred in the installation of the additional equipment and the additional maintenance required for parallel operation with the qualifying facility. The initial equipment and installation cost must be paid prior to beginning parallel operation. The costs in- curred by the District after the initial payment will be paid by the Customer when he is billed. 6. The Customer's location and the entire installation must comply with all zoning laws and other - applicable codes or laws.' 7. The District reserves the right to change transformers and service voltage when necessitated by change in service. require- ments. The Customer will be responsible for making any necessary changes in the equipment covered under this agreement at his own expense to accomoda.te the new conditions. . The District will endeavor to supply, but does not guarantee, un- interrupted service. interruptions of service for repairs; al- terations; want of ,supply; conditions on Customer's premises dangerous to persons, property or service of the Customer or others shall not be a breach of District on its part of the con- tract. 9. Customer may, with the District's prior written consent, assign his agreement if the successor or assignee thereof agrees in writing to assume all Customer obligations hereunder. 10. Customer shall indemnify the District, its officers, agents, and employees against loss, damage, expense and all liability re- sulting from injury or death of any person or persons Including but not limited to employees of the District or Customer, or damage to property including but not limited to property of District or Customer, resulting from or arising out of or in any way connected with the installation, inspection, maintenance, testing, and use of Customer's cogenerating or small power pro - ducing facility except where caused by the sole negligence of the District, its agents, or employees; and Customer shall on District request defend any suit asserting a claim covered by this indemnity. The obligation of Customer under this paragraph, accrued or not, then known or unknown, shall be continuing as to any act, occurrence, or ommission occurring prior to or following the termination of this agreement. 11.. The District shall have the right to require the Customer to im- mediately disconnect the cogenerating or small power producing facility without advance notice or liability to Customer if there . are any changes of the Customer's equipment or alterations to it or if in the District's sole Judgment, the device will not fail safe or if it causes any electrical problem with other District customers. 12. The failure of the Customer to comply with any of the covenants or obligations contained herein or in Exhibit I shall give the District the right to terminate this agreement and to recover from the Customer the cost and expenses incurred by the District hereunder. 13. Except as herein otherwise provided, after one year from the date of this contract, either Customer or the District may terminate this agreement on thirty (30) days advanced written notice to the other party. (Note: For qualified facilities with more than 100 kilowatts of generating capacity., a five -year written notice will be required.) 14. This agreement shall be subject to all of the District's service regulations and rate schedules (except as modified by this agree- ment) and shall be subject to such changes or modifications as the District's Board of Directors may from time to time direct in the exercise of their jurisdiction. 15. If the Customer desires to sell his excess electrical energy to the District, the additional required metering will be installed according to Exhibit 1 at the Customer's expense. Energy de- livered to the District by the Customer shall be credited at the existing avoided ,cost based rate established by the District for this type of qualified facility. 16. The Customer will be responsible to schedule the inspection, tests, and maintenance activities required in Exhibit 1. They can be scheduled through the District's Customer Services Operations Division. FOR THE CUSTOMER Customer Name Street City State Zip FOR THE DISTRICT Omaha Public.Power District 1623 Harney Street Omaha, NE 68102 Customer Number Signed this day Signed this day 19 19 EXHIBIT 1 TECHNICAL CONSIDERATIONS EFFECTIVE AS OF MARCH 12, 1981 INTRODUCTION The National Energy Act was signed by the President in November 1978. The Omaha Public Power District (District) is affected by the policies outlined in the act concerning energy conservation, the use of fossil fuels, and regulatory activities in the utility industry. The part of this act concerned with the regulatory activities is entitled "Public Utility. Regulatory Policies Act" ( PURPA). PURPA has six titles which are having varying impacts on the Dis- trict. The titles concerned with natural gas utilities, small hydro projects, and crude oil transporation will affect the District very little. The miscellaneous provisions title establishing the Utility Regulatory institute, Coal Research Laboratories, and procedures for ob- taining right -of -ways for transmission facilities may have some affect on the District. By PURPA's definition, the District is a non - regulated utility. This means the District's elected Board of Directors is the ratesetting authority. The other two titles have or will have a significant impact on the District's activities. The purposes of Title 1, Retail Regulatory Policies for Electric Utilities, are to encourage -- 1. conservation of energy supplied by electric utilities, 2. the optimization of the efficient use of facilities and re- sources by electric utilities, and 3. equitable rates to electric consumers. These three purposes have been objectives of the District even prior to the enactment of the National Energy Act. Following public hearings during July 1980, the District's Board of Directors adopted standards concerning twelve utility practices and ratemaking concepts. These standards are available for review from the District's Public Information office. Title II of PURPA consists largely of directives to the Federal Energy Regulatory Commission (FERC) to initiate studies and establish procedural rules on a wide range of electric utility matters including interconnection of utility systems, wheeling, and cogeneration and small power production. Also, Title II establishes that for the purposes of interconnection and wheeling, the publicly -owned electric utility is under the jurisdiction of FERC. The jurisdiction for interconnection and wheeling is for all electric utilities regardless of size and owner- ship. COGENERATION AND SMALL POWER PRODUCTION PURPA as supplemented by FERC Order No. 69 issued February 19, 1980 encour cogeneration and small power production. The enabling legislation indicated that using alternate sources of energy and fuels more efficiently can make a significant contribution to the nation's effort to conserve its energy resources, Cogeneration is the production of electric ener as well as steam or other forms of useful energy (such as heat) which are used for indus- trial, commercial, heating, or cooling purposes. Small power production is a facility with less than 80,000 kilowatts of installed capacity which produces electricity from such primary energy sources as biomass, waste, renewable resources including wind, solar, geothermal, or hydroelectric energy. Cogeneration is not a new concept to the electric utility industry or the District. Cogeneration has been utilized in some industries for more than 50 years. The District has delivered steam to the meat packing plants and other customers after it had been used to generate electricity at the South Omaha Plant. The South Omaha Plant was built during the 1930's and continued to supply steam to various customers after it had been used to generate electricity until the plant was retired in 1975. PURPA is primarily concerned with cogeneration and /or small power producing facilities owned by persons who are not normally in the business of gen- erating electricity. The criteria for a cogeneration and /or small power production faciiity to become a qualifying facility is outlined in Section 201 of PURPA and FERC Order No. 70. The customers facilities will be considered a qualified facility when the District responds favorably to the cus- tomer's request to qualify it. When the District does not believe the facility qualifies in accordance- with FERC's guidelines, the customer can request a determination from FERC. The District is required by PURPA and FERC guidelines to intercon- nect with, operate in parallel with, purchase electricity from, and sell electricity to customers with qualified facilities. Also, these guide - lines make it clear that the District's other customers are to be no worse off by addition of cogeneration and small power producers. This means that they will not see a higher cost of electricity, the District will be required to make no additional investments, and the quality of service will not be lowered. The interconnection of the District's facilities with those of a qualifying facility for parallel operation and an interchange of energy between the two requires the consideration of several technical aspects which are not normally involved for the interconnection of the District to a non - generating customer. As it does with all interconnections with energy sources, the trict will require an agreement be completed and signed between the customer with a qualified facility and the District. This agreement wili outli ne the interconnection point, the metering requirements, and other equipment for safe and reliable operation, ownership of equipment, inspection and maintenance of the interconnecting equipment, the rates involved with the exchange of electricity, and the responsibilities of each party involved in the agreement. INTERCONNECTION POINT The point of interconnection between the District and the small power producer or cogenerator will be the kilowatthour and/or kilowatt meters. This is also the interconnection point with the District's non - generating customers. The District will own the metering equipment re- gardless of its location. The customer will provide the disconnect and protective devices on the customer's side of the meter. The customer will also provide suitable space on his premises for the District's transforming, switching, protective, and /or capacitor equip- ment which is required by the District. The customer will make or pro- cure the easements, satisfactory to the District, across the property owned or controlled by the customer for the District's lines or extensions thereof required to furnish service to the customer. METERING The metering requirements between the District and the qualifying facility, will depend upon the facility, size, and the type of rate schedule being used. The type of sales occurring between the District and qualifying facilities will have impact on the amount of metering. The varying meter options the District will provide are shown in Options 1 - 5. The customer will pay for the additional metering and equipment required for the qualifying facility. Since the energy received from the qualifying facility will fall between the limits of strictly firm power and strictly non -firm power, the metering needs will be at least sufficient for billing purposes. All meters provided by the District will have detent which will prevent the meter from running backwards. The District may not require the second meter provided the qualified facility's output is small compared to the customer's elec- trical requirements. The customer must request this exemption in writing and meet all other requirements for parallel operation outlined herein. SAFETY AND OPERATION The introduction of a source of electrical energy into a non - source (radial) electrical network presents safety problems to the public, to the customers, and to the District's personnel who may work on the system. Most automatic and manual switching arrangements on the District's trans- mission and distribution system are based on the premise that upon open- ing the line or section of the system being controlled it becomes de- energized. If for any reason the qualifying facility remains energized and connected to the isolated portion of the system, or for any reason reconnects to the system before planned service resotration, an unsafe situation will exist which can endanger employees working on the system, people trapped in motor vehicles or structures, firemen or other emergency personnel and equipment working near the line, and customer equipment. To eliminate such unsafe situations, the installation of special automatic control and switching equipment at the expense of the qualify- ing facility customer is required. The switching equipment will include a District controlled device (switch) that will physically and visually open the circuit to the qualifying facility. The device must -- 1.. open all cables to the qualifying facility except the neutral, 2. be operable by the District's personnel at any time without notice to the qualifying facility and with unrestricted access, 3. be lockable in the open position by the utility, and 4. be located near the interconnection point. The District may grant an exception to this requirement, provided -- 1. the customer's generating equipment must be energized by the District's electrical system to operate, 2. the customer has provided the District with a complete and current set of drawings and equipment specifications, 3. the District is notified of all future modifications to the customer's system and these modifications do not change the operating characteristics of the system, and 4. the District has tested and verified this operation. The switching equipment, if required, will be paid for by the customer. INSPECTION, TEST, AND MAINTENANCE To insure that the equipment at the point of interconnection is in a safe and reliable operating condition, the following inspection, testing, and maintenance procedures will be required: 1. Initial acceptance and subsequent inspections and tests will be witnessed by both the District and qualifying facility personnel at agreed upon times. inspections and tests will be required on at least an annual basis. 2. Complete inspection, test, and maintenance records will be main- tained by the customer and available to the District for review. 3. The inspection will include wiring and hookup compliance with the National Electric Code (NEC), National Electrical Safety Code (NESC), utility standards, and city, county, and state electrical codes. - 4. The testing should include -- a. relay settings and breaker actuation, b. synchronization, frequency matching, phase angle, phase rotation, c. voltage regulation, harmonic output, electromagnetic in- terference, and d. safety. There are some conflicts between the National Electric Code and the National Electric Safety Code particularly in the grounding requirements. These conflicts will be eliminated by utilizing the local codes and requirements. The District reserves the right to inspect on request at any rea- sonable time all protective equipment including all relays and- circuit breakers at the interconnection. The inspection will include the tripping of the breaker by the protective. relay. The District will be responsible for maintenance of all equipment supplied by the District. The qualifying facility owner will be re- sponsible for the maintenance of the qualifying facility's generating and protective equipment, and other equipment supplied by the customer. POWER FACTOR Power factor is defined as the ratio between true power (kW) and apparent power (kVA) in alternating circuits. Typical residential and general service load place a lagging var on the District's distribution system which lowers the power factor. Leading vars are usually provided by installing a capacitor bank near the lagging var load to improve power factor. A lagging power factor results in the need for additional capacitors on the distribution system and increased kVA loading and losses in all facilities between the load and the capacitor bank. Special metering is required to monitor the power factor at the customer's location. Cur- rently, the District only installs kVA meters on larger general service customers. Some qualifying facility generators may require the District to pro- vide those vars so that their facility will generate electricity. When the District provides the vars, this is an additional cost for the inter- connection of this type of qualifying facility. Some qualifying facili- ties may have sychronous generators capable of providing the utility sys- tem with vars. Because these two types of qualifying facility generators add a radically different qualifying facility load and power factor rela- tionship to the District's system, metering which will monitor the power factor and var flow may be required at the discretion of the District and the customer will pay for the additional metering. If the qualifying facility requires the District to install more capacitors to serve the load, the customer will be responsible for these additional costs. VOLTAGE REGULATION The District's voltage standard utilized in the design of the electric distribution system specifies that the voltage provided will be at a plus or minus 5% of the nominal voltage level and that no cus- tomer will see more than 5% difference between their maximum and minimum voltage. The standard nominal voltage levels for utilities are outlined by the American National Standards Institute Incorporated - (ANSI -C- 84.1). If it is determined that the qualifying facility is causing the voltage supplied to the District's customers to vary outside these established guidelines, the qualifying facility will be required to terminate its parallel operation and to install or pay for having the District install voltage regulation equipment which will return the distribution voltage to the established guidelines of the District. VOLTAGE FLICKER Voltage flicker is a term commonly used to describe a significant fluctuation of customer voltage caused by rapidly fluctuating loads, The largest flicker occurs at the point where the fluctuating load is supplied. However, this fluctuating load can cause excessive voltage flicker in adjacent facilities depending upon the magnitude of the load and the electrical characteristics of the electric distribution system. 'With new technology and new concepts being used in the design of genera- tion units available to the qualifying facilities, there may be a voltage flicker problem. If a qualifying facility causes voltage flicker which is unacceptable to the District and /or the District's customers, the qualifying facility will be required to modify their equipment or limit operation as necessary to reduce the voltage flicker to an acceptable level. If changes to the District's electrical system is required to reduce the voltage flicker, then the cost of these changes will be paid for by the qualifying facility. HARMONICS Harmonics are wave forms whose frequencies are multiples of the fundamental (60 Hz) wave form. The combination of harmonics and funda- mental cause a non - sinusoidal periodic wave. Harmonics in power systems are the result of rapidly changing toads and non - linear effects. There are voltage and current harmonics each requiring separate analysis. The effects are dependent upon the magnitude and frequency of the harmonic and the characteristics of the electrical system. Some possible problems associated with harmonics are -- 1. capacitor bank overloading, 2. overvoitages such as those due to ferroresonance, 3. excessive currents, 4. dielectric instability of insulated cables, 5. torque disturbance and .overheating of synchronous machines, 6. errors in induction kilowatthour meters, 7. electronic control and computer system problems, and 8. communication (telephone). interference. Voltage harmonics can adversely affect customer loads; current harmonics can adversely affect capacitor banks. If it is determined that the qualifying facility is the cause of either voltage or current harmonics or both which are adversely affecting the other customers of the District, the 'qualifying facility w i l l be required to discontinue its parallel operation until it has corrected the problem. The costs of these corrections will be paid by the qualify- ing facility. FAULT OVERCURRENT AND UNDER - VOLTAGE PROTECTION A fault in an electrical circuit is any failure which interferes with the normal flow of current. The two types of faults are short and open. A short is an unintentional electrical connection between a supply conductor and another conducting medium which results in high current flow in the supply conductor. An open is a discontinuance in the conductor which results in no flow of current. Over- current protection is a method provided to open a circuit when the current exceeds a value that will cause an excessive or dangerous temperature in conductors or conducting insulation. Over- under - voltage protection is a method provided to regulate the voltage of a circuit to prevent damage to con ductors or conductor insulation and cause voltage breakdown damage to a plant. Fault and overload protection are required to prevent damage to both the District and the customer's equipment. Without fault detecting equipment, a qualifying facility could continue to feed a faulty system causing equipment damage and an unsafe condition. The interrupting and disconnecting devices should be rated properly. The National Electric Codes, Articles 230,'240 and 280; local building codes, and the District's service regulations have the juris- diction on the usage of and the location of the protective devices. The District's electric system's characteristics may be affected by the fault current of the qualifying facility. The fault current, pre- viously supplied only the District, now becomes the sum of that available from the District and from the qualifying facility. This additional cur- rent probably will not preclude the use of protection normally used on the District's distribution system. However, if directional relaying is used, the addition of the qualifying facility may require modifications of the relaying scheme for the relays to operate properly. The costs for any changes to the protective scheme of the District's transmission and distribution systems caused by the addition of the qualifying facility will be paid for by the qualifying facility. GROUNDING Grounding is a method of protection for electrical voltage and excessive current. It is used to protect both people and equipment by providing a low impedence path for electrical current. Grounding con- sists of a law impedence .connection to earth either through an electrode driven into the ground or by connection to a metalic underground water system or both. The jurisdiction of the District ends at the District's side of the meter. Article 250 of the National Electric Code and local building_ codes will determine the grounding methods required for the qualifying facility. However, the disconnect switches provided by the qualifying facility should not open the neutral when the switch is open. SYNCHRONIZING, SECTIONALIZING, ISOLATING Two isolated alternating current (AC) systems can be out of phase - with respect to each other. The power flows that will result from tying these systems together can result in equipment damage. Normally, the qualifying facility's generator and breaker would suffer the most im- pact. Qualifying facilities with self- excited AC systems will be required to have automatic synchronizing devices to prevent damage to the qualify- ing facility's equipment and the District's equipment. Also, the qualify- ing facilities will not be allowed to operate in parallel unless the distribution line is energized or the District grants the qualified facility permission. A disconnect switch must be provided by the qualifying facility, un- less the District has granted an exemption, so that it can be locked in an open position and only unlocked by the District. This switch is for the safety of the District's personnel working on this line. The qualifying facilities will install an isolation transformer between the DC and AC inverter and the utility system to prevent DC power from en- tering the District's system. The District may grant an exemption to the isolation transformer equipment, if the customer with the qualifying facility will be the only customer on the District's transformer as determined by the District's existing distribution engineering prac- tices. For a cogenerator and /or small power producer above 1,000 kW or which is considered "large" when compared to the capacity of the District's connecting line, synchronism-check relaying and skilled operators will be provided by the qualifying facility to protect the District's equip- ment. For smaller qualifying facilities and where skilled operators will be employed, manual synchronizing supervised by a. synchronism -check re- lay will be acceptable. Unsupervised manual synchronizing will not be permitted. AC LINE VOLTAGE PRESENCE REQUIREMENTS Large synchronous qualifying facilities may be able to support all loads connected to the same District's lines. Loss of the District's power source would then be undetected. The qualifying facility must pro- vide equipment which would disconnect for line fault. The District line source breaker will be blocked from closing by voltage -check relays to avoid reclosing out of phase. The cost of these requirements will be the responsibility of the qualifying facility. PHASE UNBALANCE CAUSED BY SINGLE -PHASE AND THREE -PHASE QUALIFYING FACILITIES All qualifying facilities must provide generation at the voltage level of the interconnection with the District such as 120/240 volts, 7970/13,800 volts, or 69,000 volts. All qualifying facilities of over 100 kW will be - 27 - balanced three -phase generators or inverters. No phase unbalance will be allowed. SALES OF ENERGY TO THE CUSTOMER The District will provide energy sales to the qualifying facility. This includes supplementary power, backup power, maintenance power, and interruptible power in accordance with the requirements of the qualify- ing facility. Supplementary power is the electric energy or capacity supplied by the District regularly to the qualifying facility in addition to that the facility generates itself. Supplementary power will be supplied on the District's appropriate standard residential or general service rate schedule in accordance with the amount of energy and demand the qualifying facility received. Backup power is the energy or capacity supplied by the District to replace energy ordinarily generated by the facility's own generating equipment during an unscheduled outage of the facility. Maintenance power is the electric energy or capacity supplied by the District during scheduled outages of the qualifying facility. Backup power and maintenance power would be supplied in accordance with the appropriate District's general service rate schedule with the exception that the ratchet pro- vision will not be applied as long as the District has surplus generating capacity. The maintenance power must be scheduled during the seasonal and /or daily light load periods of the District. Interruptible power is the electric energy or capacity supplied by the District subject to interruption by the District under specified conditions. Interruptible power will be supplied in accordance with the District's current interruptible schedule for the general service customers. 28 PURCHASES FROM THE QUALIFYING FACILITY Title II. of PURPA requires for purchases to be just and rea sonabie to the District's consumers. and - in the public's. interest. These , • rates must not discriminate against the qualifying facilities. The FEU' guidelines indicate the following: 1. There is nothing which requires the District to pay more than the avoided cost for the purchases. .Avoided costs are defined as the incremental costs to the District of electric energy or capacity or both which but for the purchase from the qualify- ing facility the District would generate itself or purchase from another source. 2. To be considered as new capacity and covered by "PURPA, the con- struction of the qualifying facility must have begun after_ November 8, 1978. if the qualifying facility was under con- struction prior to the adoption of FURPA, then the economics to encourage cogeneration are considered to have existed at whatever agreement the facility and the .District had at that time. 3. Standard rates are required for purchases from qualifying facili- ties with a design capacity of 100 kilowatts or less. The rate may be different for each technology used by the qualifying faci- lity. The District estimated avoided costs for the period 1981 through 1985, the District's generating capacity addition plan for the next ten years, and the estimated capacity and energy costs of known firm purchases are available for the District's customers. This data will be reviewed and revised as changes occur. The standard rates for facilities of 100 kilowatts or less and rates which will be negotiated with qualifying facilities with more than 100 kilowatts of capacity may vary from the avoided cost of the District according to the District's evaluation of the reliability, availability, and economics of the facility. During this evaluation the District will determine answers to the following questions: IS THE QUALIFYING FACILITY RELIABLE? Can the qualifying facility be dispatched by the District and will it be available for some time into the future or is it only available for a short period of time? IS THE FACILITY AVAILABLE? If the capacity or energy is available during the District's daily and /or seasonal peaks, its value to the District is enhanced. Like- wise, if the scheduled maintenance of the District's generating plants and qualifying facility can be coordinated or if the qualify- ing facility is available during utility emergencies, the value of the energy to the District will be enhanced. The District will con- sider the aggregate capacity of the technology utilized by the qualify- ing facility in determining the availability of a facility. IS THE FACILITY ECONOMICAL FOR THE DISTRICT? The value of the energy to the District will be enhanced if the energy reduces the amount of fossil fuel consumption, reduces the energy utilized by the District's distribution system, and /or de- lays a. decision towards building new generating units. The past performance of a qualifying facility will be utilized in determining the answers to these questions. If no past performance in- formation is available for a facility, a scenario will be developed for . the facility using the best information available. This scenario will then be utilized to determine the reliability, availability, and economics of the facility. Once the reliability, availability, and economics of a facility are determined, they will be regularly reviewed and revised as the performance of the facility warrants.. The reliability, availability, and economics of the qualifying facility will be utilized in determining the rate for the purchase of electricity from the customer. These rates will be revised in the future by the District's Board of Directors based on changes to the avoided costs, reliability, availability, and economics of the qualifying facili- ties. TAXES To the total of all charges for service under the appropriate rate schedule or schedules shall be added the applicable state and municipal taxes; and also added shall be any new or additional tax or taxes or increases in the rates of existent taxes imposed after the date of the schedules by any governmental authority upon the service rendered by the District. Any changes to the metering and other equipment required by the change in taxes will be at the expense of the qualifying facility. SAFETY AND OPERATING RELIABILITY The FERC guidelines provide that the District may establish rea- sonable standards to insure safety for the qualifying facility's and the District's personnel and for the public, and to insure the reliability of interconnected operations. Recommendations concerning these standards can come from the qualifying facility personnel, the District's personnel or any other person. A public hearing was held in January 1981 to receive information concerning interconnected operations. if the District determines that a qualifying facility is not per- forming to the established standards and is reducing the quality of service to other District customers, the customer must disconnect the qualifying facility from parallel operation. The qualifying facility must remain disconnected until appropriate corrective measures have been taken and the facility no longer has detrimental affects on the quality of service provided to other District customers, If the customer does not disconnect the facility when requested, the District may discontinue normal service to the customer. This discontinuance of service may occur at any time an unsafe condition or Interference with. the quality of ser- vice to the District's other customers exists and will not constitute breach of the interconnection agreement or the District's service regula- tions or the District's termination policy. FUTURE CONSIDERATIONS The parallel operation of customer -owned small power producers and cogeneration on the District's transmission and distribution system is a relative new concept. Operating experience of this combination will be gained over time. if this experience indicates factors previously considered and /or factors not previously considered are having a de- trimental affect on the cost and /or quality of electrical service to the District's other customers, the customer will pay for the additional costs and /or install any additional equipment required to eliminate the detri- mental situation. The District will continually monitor the interconnection and parallel operation with cogenerators and small power producers in the electric utility industry. The policy concerning their operation in the District's service area will be modified in the future as operating ex- perience warrants. istrict Option I - 32. d - IN w /detent w /detent OUT Needed if rate for billing is different than the rate for buy back. instrument transformers could be required for interconnections rated above 600 volts or above 200 amps. To be used for single -phase residential service or general service customers who do not require KVA metering. Cost of meters and sockets will range from ._- - 2 Meters $72.00 to $400.00 2 Sockets $24.00 to $ 78.00 *Labor District's labor costs *Instrument District's cost of material and labor Transformers Qualifying facility (QF) should pay the cost of one meter, one socket, and associated costs. *Labor costs will include overhead. QF LOAD • istrict w /deter -t — - w /detent - w /detent For metering varhours, or determining average power factor, and also gives option of different rates for billing and buy back. Instrument transformers could be required for interconnections rated above 600 volts. or above 200 amps. To be used for general service customers with 75 kW demand or above. Provisions shall be made for KVA metering installations; however, a KVA meter will not be installed unless specified on the service data request. Since the generation of the customer could alter the power factor to a great extent, the use of KVAR meter should be considered in place of a KVA meter so that accurate metering will take place for a power factor of ode to zero. All these customers will require current trans- formers. The need for potential transformers' will be based on voltage. The cost of one additional meter and equipment that should be billed to the QF will range from -- 1 Meter $90.00 to $220.00 1 Test Sw -itch $10.00 1 Cabinet $15.00 Labor District's labor costs including overhead May be desirable to add kVAR metering to point towards the District. The cost of this metering would be paid by the qualified facility. QF LOAD - Option 111 w /ddtent and ;pulse generator w /dtent and ''ul se 3L w /de,`tent and pulse generator QF LOAD Provides the same metering as Option 2, but has time of day capabilities. For large QF's, 1000 kW and larger. Provides the same metering as Option 2, but with addition of pulse generators and a magnetic tape and has time of day capabilities. Cost to QF should be determined on an individual basis, but will include the District's material and labor costs including overhead. May be desirable to add kVAR metering to point towards the District. This would require second magnetic tape. The cost of this metering and installation would be paid by the qualified facility ( District Option IV - 35 - Assumes QF load and QF generation are on separate service laterals. Instrument transformers could be required for . interconnections rated above 600 volts or above 200 amps. To be used for single -phase residential service or general service customers who do not require KVA metering. Cost of meters and sockets will range from -- 2 Meters $72.00 to $400.00 2 Sockets $24.00 to.$ 7 *Labor District's labor costs *Instrument Transformers District's cost of material and labor Qualifying facility (QF) should pay the cost of one meter, one socket, and associated costs. May be necessary to add kWh metering to point towards the qualifying facility. The cost of this metering and installation would be paid by the qualified facility. *Labor costs will include overhead. QF LOAD District W/ Detent & Pulse Gen. VARH E — W / Detent &. Pulse Gen. kit Pulse Gen. W/ Pu1se Gen. W/ Detent & Pulse Gen. QF LOAD Time- of-day Metering, .Permits determination of both VARS generated and those required by qualified facility (QF) generator. Also, separately meters power factor of load. instrument transformers could be required for interconnections rated above 600 volts or above 200 amps, To be used for larger generators where ti-of -day metering is necessary (1000 kW). For generators between 75 kW and 1000 kW, one or both magnetic recorders could be eliminated. The. need for KVAR meters, if any, would be determined for these size units. Cost to QF should be determined on an individual basis, but will include the District's material and labor costs including overhead. May be necessary to add kWh metering to point towards the qualifying facility, The cost of this metering and installation would be paid by the qualified facility, ORDINANCE NO. 1293 AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 144 IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE OF SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET IMPROVEMENTS 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. A petition signed by the owners of more than three - fourths of the lots of land abutting upon the streets to be improved as hereinafter set forth, petitioning for the im- provement of the following described streets in the City of Blair, Nebraska: In East First Street, from the existing concrete paving at the intersection of East First Street and Grant Street, South to the South line of Section Seven (7), Township Eighteen (18) North, Range Twelve (12), East of the Sixth Principal Meri- dian in Washington County, Nebraska, by paving the same, said petition therefor having been presented and filed with the City Clerk, there is hereby created Street Improvement District No. 144 of the City of Blair, Washington County, 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 by the City of Blair and said improvements 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 City Council otsaid City. SECTION 3. The property included in said Street Im- provement District No. 144 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 land owned by any municipal or public corporation and abutting upon and adjacent to said streets to be improved, to -wit: O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426-9666 Beginning at a point on the North line of the'Southwest Quarter of the Southwest Quarter (SW 1 /4,SW 1/4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12), East; 300.0 feet West of the Northeast corner of said 1/4 1/4 section; thence Southerly parallel with the East line of said 1/4 1/4 section to the .South line of the South Half of the Southwest Quarter (S 1/2 SW' 1/4) of Section Seven (7); thence Easterly on said South line a distance of 600.0 feet; thence Northerly parallel with said East Line to the North line of the South Half of the Southwest (S 1/2 SW 1/4); thence Westerly on . said North' line to the point of beginning; lying in the South Half of the South- west Quarter (S 1/2 SW 1/4) of Section Seven (7), Township Eighteen (18) North, 'Range Twelve (12), East of the Sixth Principal Meridian in Washington County, Nebraska. SECTION 4. The cost of said improvements in said improvement district shall be paid out of the fun.d created by the levy and assessments on the lots and parcels of land in said Street Improvement" District benefited thereby in proportion to said benefits, 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 ' 14th day, o April , 1981. ATTEST: VERNA'1 R. BULL, ; C.ITY:CLER (SEAL.) M. STANLEY JENSEN MAY O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO.1294 AN ORDINANCE ESTABLISHING AND PROVIDING FOR FUNDING OF EXTENSION OF THE ELECTRICAL DISTRIBUTION FACILITIES OF THE CITY OF BLAIR, NEBRASKA, WHICH SAID EXTENSIONS ARE FOR THE SERVICING OF TRACTS DESIGNATED AND ACCEPTED BY THE CITY OF BLAIR AS INDUSTRIAL PARKS; PROVIDING FOR THE PAYMENT.OF SAID EXTENSIONS AND SETTING LIMITS AND RESTRICTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND.PROVIDING WHEN THIS ORDI- NANCE SHALL BE IN FORCE AND EFFECT. BE. IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the growth rate of the City of Blair and substantial demands upon general tax money and upon general revenues of the public utilities system require a change in'City policy for the welfare, health and general benefit of the citizens of Blair. SECTION 2, From and.after the effective date of this Ordinance, all'requests for electrical extensions of the elec- trical distribution facilities of the City of Blair for service to or within areas previously designated and accepted by the City Council as industrial parks shall be made in writing. Each request shall include but shall not be limited to information concerning the zoning designation of the area, the general location of the area to be served by the extension, the distance from the area to the nearest adequate available power source, the actual place- ment of the proposed location of the electric lines to and within the area, and a statement with necessary proof that all required easements necessary for the extension have been obtained by the customer requesting the extension. The Utilities Commissioner is hereby charged with the responsibility for assisting the cus- tomer in the completion of the application. SECTION 3. That at the time of the request for the construction and extension of the electrical distribution facili- ties within said industrial park area, such person or entity shall remit and pay to 'the City of Blair the entire estimated cost as determined by the Utilities Commissioner. Upon completion of said )'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426-9666 construction of said electrical extension within the designated industrial park area, the person or entity requesting such exten- sion shall remit and pay to the City of Blair the balance of the actual construction cost in excess of the deposit made for such construction. If the actual cost of such construction is less than the initial estimated payment made to the City of Blair, the City of Blair shall_ forthwith refund the difference to the individual or entity which remitted the payment. SECTION 4. •Notwithstanding provisions of Section 3 hereinabove, the owner, developer or 'entity requesting the said electrical service extension in the designated industrial park area may request an alternate method of financing said electrical extension from the Board'of.Public Works. The Board of Public Works of the City of Blair is hereby authorized to enter into a contract with -said owner, developer or other entity requesting said electrical service which may provide that the payment of said construction costs to the City of Blair may be made over a period time rather than being required to be paid prior to the actual construction. Said contracts shall provide that the total cost of construction of said electrical extension within the designated industrial park area will be paid in full over • the time period in'.said contract. Said•contracts may also further provide for a waiver of interest on said con- struction costs by the Board of Public Works which said waiver of interest shall not exceed five (5) years in the event the estimated construction costs are $15.,000.00 or-less;-.for a period of three (3) event the construction costs. are greater than $15,000.00 but not in excess of $25;000.00; and for a period - .of one (1) year in the event the construction' Costs are in excess of $25,0 - 00.00.. 'The approval of said con tracts shall be made by a majority of the members of the Board of Public Works. )'HANLON & NELSON, ATTORNEYS, 1869 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 1 11 SECTION 5. In the event the Board of Public Works of the City of Blair approves such a contract as referred to in Section 4, said contracts shall further provide and shall be contingent upon said owner, developer or other entity requesting said extension executing and delivering to the City of. Blair a promissory note and mortgage in favor of the City of Blair for the actual cost of. construction. Said promissory note and mort -, gage shall be executed within five (5) days following notification . by said owner, developer or other entity of the completion of the construction of the electrical extension. Said contracts shall further provide that at the time of a service connection request for any portion of the said industrial tract, the owner shall pay the full amount of the principal and interest on a front footage proration basis for the parcel to be served before receiving electrical service. At the time said payment is made the City of Blair shall give to the owner of said tract a partial release.of the mortgage granted in favor of the City of Blair, Nebraska. SECTION 6. The interest rate, to be applied under said contracts by the said Board of Public Works and said owner, developer, or _other entity requesting said electrical service shall make provision for interest not less than 8 percent. SECTION 7. No electrical service shall be provided by or through said 'electrical extension and no connection for electrical service shall be made until all payments due as speci- fied hereinabove have been made to the City of Blair. SECTION 8. The City of Blair .shall .provide and be responsible for construction of electric lines to the boundary of the area to be serviced by the requested electrical exten- sion, however, any construction costs for electrical service lines from the nearest adequate available power source to the • boundary of the area to be serviced by the requested electrical extension in excess of one- quarter of one shall be paid by the individual requesting said extension unless waived in Writing by the Board of Public Works of the City of Blair. O'HANLON & NELSON. ATTORNEYS. 1 569 WASHINGTON. BLAIR. NEBRASKA 68008 (402) 426 -9666 SECTION 9. All extensions of the electric distri- bution system shall be the property of the City of Blair and shall be under the exclusive control of the City of Blair. SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. 1981. ATTEST: /L )6 VERNA R. BULL (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY Passed and approved this loth day of April CITY OF BLAIR, NEBRASKA, By ) ) .ss. M. STANLEY JEN.SEI1; or VERNA R,. BULL, hereby certifies that she is the duly appointed, qualified and acting City,Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the loth day of April , 1981. VERNA R. BULL, City Clerk 'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426- 9666 ORDINANCE NO. 1295 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF MINIMUM LIGHTING" AND THERMAL EFFICIENCY STANDARDS WITHIN THE CITY OF BLAIR, PRO- VIDING FOR DEFINITIONS OF TERMS CONNECTED THEREWITH, AND EXEMP- TIONS THEREFROM AND PROVIDING FOR INSPECTION OF CONSTRUCTION COVERED BY THIS ORDINANCE, AND PROVIDING FOR PENALTIES FOR VIOLATIONS OF, PROVISIONS OF THIS ORDINANCE AND FOR THE EFFECTIVE. DATE OF THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT: WHEREAS, the State of Nebraska enacted the Energy Conservation Standards for New Buildings Act of 1976, and, WHEREAS, said law provides for enactment by the local governmental unit of minimum lighting and ther.maleffciengy standards, NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Blair, Nebraska: SECTION 1. DEFINITIONS: As used in this ordinance, unless the context otherwise requires, the following definitions shall apply: A. A Prime Contractor shall mean the person, persons, entity or entities who has a con- tract with the owner and is the one r siblefor the overall construction of any , building or the installation of any compo- nent which affects the energy efficiency of the building. Prime Contractor shall also mean a property owner who performs the work of a Prime Contractor. 04 1' 3 B. Architect or engineer shall mean any person registered pursuant to section 810847, Reissue Revised Statutes of Nebraska, 1943. C. Building shall mean any structure which utilizes or will utilize a heating system, cooling system, or.domestic hot water system, including new buildings, renovated buildings, and additions, but not including any structure which has a consumption of traditional energy sources for all purposes not exceeding the energy equivalent, of one watt per square foot. D. Residential Building shall mean a building three stories or less that is used primarily as one or more dwelling units. E. Renovation shall mean alterations on an existing building which will cost more than fifty percent of the replacement cost of such building at the time work is commenced, or which was not previously heated or cooled, for which a heating or cooling system is now proposed, except that the restoration of historical buildings shall not be included. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 F. Addition shall mean any construction added to an existing building which will increase the floor area of that building by five per cent or more. G. Floor area shall mean the total area of a building, expressed in square feet, which is within the exterior face of the shell of the structure which is heated or cooled. H. Standard shall mean Standard 90 -75 of the American Society of Heating, Refrigeration, and Air-Conditioning Engineers, Inc., as it existed on April 23, 1980. I. Traditional energy sources shall mean elec- tricity petroleum based fuels, uranium, coal and all nonrenewable forms of energy. SECTION 2. STANDARDS for Lighting and Thermal efficiency hereunder shall be those as established by the Uniform Building Code of 1979 with amendments thereto as shown on the Exhibit attached hereto and by this reference made a part thereof, and said standards are hereby adopted by the City of Blair for the purposes of this ordinance, and further, that said code is by this reference made a part hereof. SECTION 3. EXEMPTIONS,. The following buildings or structures shall be exempt from this ordinance: A. Any building which has a peak design rate of energy usage for all purposes of less than one watt, or three and four- tenths British Thermal Units per hour, per square foot of floor area. B. Any building which is neither heated nor cooled. C. Any building or portion thereof which is owned by the United States of America. D. Any mobile home as defined by section 71 -4603, Reissue Revised Statutes of Nebraska, 1943. E. Any manufactured housing unit as defined by subsection (1) of section 71 -1557, Reissue Revised Statutes of Nebraska, 1943. F. Any building listed on the National Register' of Historic Places. G. All residential buildings shall be exempt from lighting efficiency standards. SECTION 4. INSPECTION; INVESTIGATIONS: A The Building Inspector of the City of Blair or any person designated by him or her shall conduct inspections and investigations necessary to en- force the Standard and may, at reasonable hours, enter into any building and upon any premises . within his jurisdiction for the purpose of examination to determine compliance with this ordinance. Inspections shall be conducted only after permission has been granted by the owner or occupant or after a warrant has been issued pursuant to sections 29 -380 to 29 -385, Reissue Revised Statutes of Nebraska, 1943. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 B. During construction, the said Building Inspector or persons d'Iesignated by him or her shall make periodiic inspections to assure compliance with this ordinance. 5. REQUEST FOR ALTERNATIVE BUILDING SYSTEM; APPROVAL: A. Any person who owns or constructs a building to which,thisi ordinance applies may request that an alternative building system, technique, equipment design, or - building material be found equivalent to the Standard. The Building Inspector of the City of Blair shall make such deter- mination if he finds that the proposed alterna- tive would not result .,in energy consumption greater than would result from the strict application of the Standard. If the said Building Inspector fails to approve or disapprove the request within sixty days from the date of filing, it shall be considered approved. 6. BUILDING PLANS, SUBMISSION FOR APPROVAL: A. Prior to the construction of,,renovation of, or addition to any building covered by this ordinance, the Prime Contractor shall file sufficient plans and specifications with the Building Inspector to enable him or her to make a determination whether such building will comply with the Standard. The Building Inspector shall, within 30 days of the filing approve or disapproVe the plans and specifica- tions. If disapproved, the reasons shall be set forth in writing to the Prime Contractor. B. If the Building Inspector determines that such construction, renovation or addition will com- ply with the Standard., he or she shall issue a written permit which the Prime Contractor shall display in a conspicuous the premises where the construction work is to be done. 'No construction, renovation or addition shall commence until a permit is issued and displayed as required by this section. 7. WHEN ARCHITECT OR ENGINEER IS RETAINED: A. If an architect or engineer is retained, the architect or engineer shall place his or her state registration seal on all construction drawings which shall indicate that the-design meets the Standard. The Prime Contractor shall certify that he or she will bu.ild.in accordance with the construction documents prepared by the architect or engineer. This certifica- tion must accompany the building plans sub- mitted to the Building Inspector.for approval. 8 .VIOLATION; PENALTY; ENFORCEMENT: A. Any person violating any provision of this. ordinance shall be subject to a maximum fine of $500.00. In addition, the City of Blair. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ki 444I , 111 III IIIYIu 1 l lI .1 1,l.h ll: is SECTION 9', VALIDITY: A. If any section in this ordinance or any part of any section shall be declared invalid or unconstitutional such declaration shall not affect the validity or constitutionality of the remaining portions thereof. B. As to new residentai.l buildings on which construction is initiated, this ordinance becomes effective. As to all other new buildings other than residences, renovations or additions to existing buildings, this ordinance shall not be in full force and effect. As to construction initiated prior to January, 1982, .. and thereafter : this .ordi- nance-shall :be in fiilleforce and effect. SECTION 10. All ordinances or parts of ordinances in conflict' herewith are hereby repealed. SECTION 1.1.. This ordinance shall be in force and take full effect from and after its passage, approval and publication as. provided by law. Passed and approved this 28th day of 'April ; 1981. ATTEST: VE NA R. BULL, IT CLERK . (SEAL) STATE .OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) may by an action in the District Court enforce the provisions of this ordinance through equity and injunctive processes., 111 VERNA R. BULL,' CITY CLERK 44%7'.• M. STAN' EY JENS 7 'YOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and. acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 28th day of April., 1981. . O'HANLON tic NELSON, ATTORNEYS,' 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 AN ORDINANCE REPEALING ORDINANCE NO. 1293 OF THE CITY OF BLAIR: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA: SECTION 1. That Ordinance No. 1293 of the City of Blair, Nebraska, which said ordinance created Street Improvement District No. 144 in the City of Blair, Nebraska, be and the same hereby is repealed. SECTION 2. , All ordinances or parts of ordinances in conflict herewith are hereby, repealed. SECTION 3. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 28th day of April 1981 ATTEST: VERNA R. BULL, City Clerk (SEAL) STATE OF NEBRASKA 2) WASHINGTON COUNTY ) ORDINANCE NO. 1296 :SS: M. STANLEY JENS YOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City' of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 28th day of April , 1981. VERNA R. BULL, City Clerk O'HANLON & NELSON, ATTORNEYS, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426-9666 • ORDINANCE NO 1297 AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 144 IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE OF SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET IMPROVEMENTS 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. A petition signed by . the owners of more than three-fourths of the lots abutting upon the streets to be improved as hereinafter set forth, petitioning for the improve- ment of the following described streets .. in the City of Blair, Nebraska: In East First Street, from the existing concrete paving at the intersection of East First Street and Grant Street, south to the south line of Section 7, Township 18 North, Range 12. East'of the Sixth Principal Meridian, Washington County, Nebraska, and in Colfax Street from the centerline of First Street to a point 300 feet east and 300 feet west of said centerline. 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 by the City of Blair and said improvements 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 City Council of said City. SECTION 3. The property included in said Street Improvement District No., 144 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 land owned by any municipal or public corporation and abutting upon and adjacent to said streets to be improved, to-wit: O'HANLON & NELSON, ATTORNEYS, 1569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 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 benefits 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 thisl2th day of flay , 1981. ATTEST: (SEAL) Beginning at a point on the North line of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) OF Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East; .300.0 feet West of the Northeast corner of said 1/4 1/4 section; thence Southerly parallel with the East line of said 1/4 1/4 section to the South line of the South Half of the Southwest Quarter (S1 /2 SW1 /4) of Section Seven (7), thence Easterly on said South line a distance of 600.0 feet; thence Northerly parallel with said East line to the North line of the South Half of the Southwest Quarter (S1/2 SW1 /4); thence Westerly on said North line to the point of beginning; lying in the South Half of the Southwest Quarter (S1 /2 SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washington County., Nebraska. J VERNAtR. BULL, CITY CLERK STATE OF NEBRASKA ) WASHINGTON COUNTY ) .ss: M. STANLEY JENS g ez-o-re6c- 4YAYOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of May , 1981. VERNA R. BULL, City Clerk O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1298 AN ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS, DEFININF THE SAME AND SETTING FORTH REGULATIONS THEREOF: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT: WHEREAS, the Unicameral of the State of Nebraska has in Section 90 -901, Nebraska R. R. 5. delegated the respon- sibility to local governmental units to adopt zoning regula- tions designed to protect the health, safety and general welfare. Therefore, be it ordained by the Mayor and City Council of the City of Blair, Nebraska, as follows: SECTION 1. DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be inter- preted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reason- able application. ACTUARIAL RATES.- or "risk premium rates" are those rates esta- blished by the Federal Insurance Administrator pursuant to indi- vidual community studies and investigations which are undertaken to provide flood insurance in accordance with 62 U.S.C. 4014 and are the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances. CHANNEL - A natural or artificual watercourse of perceptible extent, "'with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within'the limits of a defined channel. COMMISSION FLOODWAY - See Floodway Fringe definition. COMMUNITY - Any state or area or political subdivision thereof which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. DEVELOPMENT - Any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excava- tion or drilling operations. FLOOD ELEVATION DETERMINATIONS - A. determination of the water surface elevations of the 100 -year flood: That is, the level of lfooding that has a one percent chance of occurrence in any given year. O'HANLON & NELSON, ATTORNEYS, '1569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 FLOOD INSURANCE RATE MAP (FIRM) - An official map of a community, on which a Flood Insurance Study of the Natural Flood Insurance Program has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community. FLOOD PLAIN STUDY - The official report containing flood profiles, water surface elevations and delineation of the floodway (FW) and floodway fringe (FF) areas of the 100 -year flood plain. This study is provided by the Federal Insurance Administration, Flood Insurance Study, and /or the Nebraska Natural Resources Commission, Flood Plain Study. FLOOD PLAIN MANAGEMENT - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works and flood plain management regulations. FLOOD PROTECTION SYSTEM - Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard". Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance: with sound federal and state engineering standards. FLOOD PROOFING - Any combination of structural and non - structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydro- static and hydrodynamic loads and the effect of buoyancy. FLOODWAY (FW) - The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100 -year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain. Alse referred to as the Selected Floodway. FLOODWAY FRINGE (FF) - That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e.: that has a one percent chance of flood occurence in any one year). Also referred to as the Commission Floodway. HABITABLE FLOOR - Any floor used for living, which includes working, sleeping eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "Habitable Floor ". MOBILE HOME - A structure, transportable in one or more sections, which is built on a permanent chasis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. MOBILE HOME PARK (SUBDIVISION) - "Mobile Home Subdivision" means a parcel (or contiguous parcels) of land which has been divided into two or more lots for rent or sale and the placement of mobile homes. NEW CONSTRUCTION - New construction means those structures where new construction or substantial improvement of which is begun after December 31, 1974, or the effective date of the official Flood Plain Study, whichever is later. OVERLAY DISTRICT - A district which acts in conjunction with the underlying zoning district or districts. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, GLAIR, NEBRASKA 68008 (402) 426 -9666 REGULATORY FLOOD ELEVATION - Elevation indicated in the official flood plain study as the elevation of the 100 -year flood., REGULATORY FLOOD PROTECTION ELEVATION - An elevation one foot . higher than the water surface elevation of the regulatory flood. SELECTED FLOODWAY - See floodway definition. STRUCTURE - A walled and roofed structure including a gas or liquid storage tank, that is principally above the ground, including but without limitation to buildings, factories, sheds,, cabins, mobile homes, and other similar uses.. SUBSTANTIAL IMPROVEMENT- "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equa: or exceeds 50 percent of the market value of the structure either, (a) before the improvement is started,. or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations. 100 -YEAR FLOOD - The base flood having a one percent chance of annual occurrence. SECTION 2. FLOOD LOSSES RESULTING FROM PERIODIC INUNDATION - The flood hazard areas of Blair, Washington County, Nebraska, are subject to inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expen- ditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare. SECTION 2.1 GENERAL CAUSES OF THESE FLOOD LOSSES - These flood losses are caused by (1) The cumulative effect of obstruction in floodways.causing increases in flood heights and velocities, (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages. SECTION 2.2 METHODS USED TO ANALYZE FLOOD HAZARDS - This ordinance uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps. (1) Selection of a regulatory flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurence, the area inundated, and the depth of inundations. The regulatory O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 flood selected for this ordinance is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance'. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one year, as delineated in the official flood plain study, and illustrative materials dated January 16, 1981 as amended. (2) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. (3) Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point. (4) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height. (5) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood. SECTION 3. 'STATEMENT OF PURPOSE - It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize those losses described in Section 2.1 by applying the provisions of this ordinance to: (1) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities. (2) Require ,that uses vulnerable to Floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. (3) Protect individuals from buying lands whieh are unsuited for intended purposes because 'of flood hazard. (4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program when identified by the Federal Insurance Administration as a flood prone community. SECTION 4. GENERAL PROVISIONS - LANDS TO WHICH APPLIES. This ordinance shall aply to all lands within the juris- diction of the City ofBlair, Nebraska, identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and /or within the Zoning Districts FW and FF established in Section 1 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 7, 8 and 9. SECTION 4.1 THE ENFORCEMENT OFFICER - The building inspector of the City of Blair is hereby designated as the Council's duly designated Enforcement Officer under this Ordinance. SECTION 4.2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES - The boundaries of the floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Enforcement Officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Zoning Appeals will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence, if he so desires. SECTION 4.3 COMPLIANCE - No development located within known flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. SECTION 4.4 ABROGATION AND GREATER RESTRICTIONS - It is not intended by this ordinance to• repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR„ NEBRASKA 68008 (402) 426 -9666 SECTION 4.5 INTERPRETATION - In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in . favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. SECTION 4.6 WARNING AND DISCLAIMER OF LIABILITY - The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on ,engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man -made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Blair, Nebraska, or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 4.7 SEVERABILITY - If any section, clause, provision or portion of this ordinance is adjudged uncon- stitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. SECTION 4.8 APPLICATION FOR APPEAL - Where a request for a permit to develop or a variance is denied by the Building Inspector, the applicant may apply for such permit or variance directly to the Board of Adjustment. The Board of Adjustment may grant or deny such request by appropriate resolution adopted within thirty (30) days after the date of such application to the Board of Adjustment. SECTION 5. DEVELOPMENT PERMIT - PERMIT REQUIRED. No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each such building or structure. O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 SECTION 5.1 ADMINISTRATION - The Building Inspector is hereby appointed to administer and implement the provisions of this ordinance. Duties of the Building Inspector shall include, but not be limited to: (1) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied. (2) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, state or local governmental agencies from which prior approval is required. (3) Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (5) Verify and record the actual elevation ( in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed. (7) When floodproofing is utilized for a particular structure, the Building. Inspector shall be presented crrt.fica- tion from a registered professional engineer or architect. SECTION 5.2 APPLICATION FOR PERMIT - To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose, Every such application shall: 1. Identify and describe the work to be covered by the permit. 2. Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupance for which the pro- posed work is intended. 4. Be accompanied by plans and specifications for proposed construction. 5. Be signed by the permitee or his authorized agent who may be required to submit evidence to indicate such authority. 6. Give such other information as reasonably may be required by the Building Inspector. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008(402)426-9666 SECTION 6. ESTABLISHMENT OF ZONING DISTRICTS - The mapped flood plain areas within the jurisdiction of this ordinance are hereby divided into the two following districts: A floodway overlay district (FW) and a floodway fringe overlay district (FF) as identified in the official Flood Plain Study. Within these districts all uses not meeting the standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal Insurance Administration. SECTION 7. STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT. 1. No permit for development shall be granted for new construction, substantial improvement and other improve- ments including the placement of mobile homes within the identified flood plain_unless the conditions of this Section are satisfied. 2. All areas identified as unnumbered A Zones by the Federal Insurance Administration are subject to inundation of the 100 -year flood, however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this ordinance. If Flood' Insurance Study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction. 3. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of mobile homes and other developments shall require: a. Design or anchorage to prevent flotation, collapse or lateral movement due to flooding. b. New or replacement water supply systems and /or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on -site waste dis- posal systems be located so as to avoid impairment or contam- ination. 4. New development and substantial improvements to: (1) use construction materials and utility equipment that are resistant to flood damage, and, (2) use construc- tion methods and practices that will minimize-flood damage, consistent with economic practicability. 5. All utility and sanitary facilities be elevated or floodproofed one foot above the regulatory flood protection elevation. • O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, GLAIR, NEBRASKA 68008 (402) 426 -9666 6. That until a floodway has been designated, no development including landfill, may be permitted within the identified flood plain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100 -year flood more than one (1) foot on the average cross - section of the reach in which the development or landfill is located as shown in the official flood plain study incorporated by reference; Section 2.2 (1) of this ordinance. a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 8. Subdivision proposals and other proposed new development be required to assure that: a. All such proposals are consistent with the need to minimize flood damage, b. All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, c. Adequate drainage is provided so as to reduce exposure to flood hazards, and, d. Proposals for development of five (5) acres or fifty (50) lots whichever is lesser, include within such proposals the regulatory flood elevation. SECTION 8. FLOODWAY FRINGE OVERLAY DISTRICT - PERMITTED USES. Any use permitted in Section 9 shall be per- mitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of Section 7 are met. OVERLAY DISTRICT. 7. Storage and Material and Equipment: SECTION 8.1 STANDARDS FOR THE FLOODWAY FRINGE 1. Require new construction or substantial improve- ments of residential structures to have the lowest floor, including basement elevated one foot above the regulatory flood elevation. 2. Require new construction or substantial improve- ments of non - residential structures to have the lowest floor, including basement, elevated one foot above the regulatory flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed up to that level. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008(402)426-9666 3. Require all new construction, and substantial . improvements of residential structures within Zone AO as identified by the National Flood Insurance Program have the lowest floor, including basement, elevated one foot above the crown of the nearest street or one foot above the depth number specified on the official Flood Insurance Rate Map (FIRM) . Non - residential structures, within Zones AO, together with attendant utility and sanitary facilities may be floodproofed one foot above the depth number specified on the official FIRM. 4. For new mobile home parks, mobile home sub- divisions or expansions the same, and for new mobile homes not in a mobile home park and for existing mobile home parks where the repair, reconstruction or improvement of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, recon- struction or improvement has commenced, it is required that: anchored. a. Specific anchoring standards be met; 1. Over- the -top ties be provided at each of the four corners of the mobile home with two additional ties per side at the side at•the intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side. 2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and mobile homes less than 50 feet long requiring four additional ties per side. 3. All components of the anchoring system be capable of carrying a force of 4800 pounds. 4. Any additions to mobile homes be similarly b. Stands or lots are elevated on compacted fill or piers so that the lowest floor of the structure will, be one foot above the regulatory flood elevation. c. Adequate surface drainage and easy access for a hauler is provided. d. In the instance of elevation on piers, lots are large enough to permit steps, pier foundations are placed on stable soil no more than 10 feet apart, and steel reinforcement is provided for piers more than 6 feet high. SECTION 9. FLOODWAY OVERLAY DISTRICT - PERMITTED USES. Only uses having a low flood- damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Section 7 and 8. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 1. Agricultural uses such as general farming, pasture, nurseries, forestry. 2. Residential uses such as lawns, gardens, parking and play areas. 3. Non - residential areas such as loading areas, parking, airport landing strips. 4. Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. New placement of residential structures including mobile homes is prohibited within the identified floodway (FW) area. SECTION 10. VARIANCE - Where by reason of exceptional narrowness, shallowness, shape of topography, or other extra- ordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this ordinance would result in peculiar and exceptional hard- ship upon the owner of the property as an unreasonable depriva- tion of use as distinguished from the mere grant of a privilege, the Board of Adjustment may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided that such a variance may only be granted if: 1. The structure is to be erected on a lot of one half acre or less in size, and such lot is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood protection elevation. 2. The structure is listed on the National Register of Historic Places or the State Inventory of Historic Places to be restored or reconstructed.' upon: relief. SECTION 10.1 Variances shall not be issued except a. a showing of good and sufficient cause, b. a determination that failure to grant the variance would result in exceptional hardship to the applicant., and c. a determination that the variance issuance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conlict with existing local or state laws or ordinances. SECTION 10.2 Variances may only be issued upon a determination that the applicant requesting a variance shall meet the minimum necessary standards of the ordinance to afford O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426-9666 SECTION 10.3 A community will notify the applicant thatthe issuance of a variance to locate a struction at an elevation below the 100 -year flood level will result in increased actuarial rates for flood insurance coverage. The Applicant will provide written and notarized acknowledgment of such notification. SECTION 11. NON - CONFORMING USE - A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to • the following conditions: 1. No such use or substantial improvement of that use shall be- expanded, changed, enlarged, or altered in any way which increases its nonconformity. 2. If such use is discontinued for twelve (12) consecu- tive months, any future use of the building premises shall conform to this ordinance. The Utility Department shall notify the Building Inspector in writing of instances of nonconforming uses . where utility services have been discontinued for a period of six (6) months. 3. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. SECTION 11.2 If any residential nonconforming L.A or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred within those areas identified as floodway (FW). This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of .a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 11.3 If any non - residential nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity O'HANLON & N ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 with the provisions of this ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 12. PENALTIES FOR VIOLATION - Violation of the provisions of this ordinance or failure to comply . with any of its requirements (including violations of conditions and safe- guards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any per- son who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than. $500.00, and in addition,'shal;l pay all costs and expenses involved $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Blair or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any viola- tion. SECTION 13. AMENDMENTS -.The regulations;. restric- tions, and boundaries set forth in this ordinance may from time -to -time be amended, supplemented, changed, or appealed to reflect any and all charges in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in . a newspaper of general circulation in the City of Blair. The regulations of this ordinance are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 2Q7, dated October 26, 1976, and the 1967 Nebraska Flood Plains Regulations Act. O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 SECTION 14. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 15. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 12th day of May, 1981. ATTEST: V RNA R. BULL, ty'Clerk (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY ) .ss: VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of May, 1981. ■ VERNA R. BULL, ity Clerk O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1299 AN ORDINANCE ESTABLISHING AND REDISTRICTING THE WARDS OF THE CITY OF BLAIR REPEALING_CLL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING WHEN THIScRDINANCE SHALL BE IN FULL FORCE AND EFFECT: WHEREAS, the 1980 Federal Census has been conducted and the results thereof have been supplied to the City of Blair, and SECTION 1: WHEREAS., it is necessary to change the boundaries of the Wards of the City of Blair, Nebraska, to provide for approximate equal population, NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Blair, Nebraska that the boundaries for the Four (4) Wards in the City of Blair, Blair, Nebraska, are as follows: FIRST WARD The First Ward shall include all territory and land within the municipality lying north and east of the following described line: Beginning at the intersection of the center- line of U.S. Hiway No. 30 and the east corporate limits; thence westerly along the centerline of U.S. Hiway No. 30 to the centerline of Tenth Street; thence northerly along the centerline of Tenth Street to the c:ente:rline Qf.Nebtaska Street; thence westerly along the centerline of Nebraska Street to the west line of the E1 /2 NE 1/4 of Section 11, Township 18 North, Range 11 East; thence northerly along the west line of the E 1/2 NE 1/4 of said Section 11 and the west line of the, E 1/2 SE 1/4 of Section 2, Township 18 North, Range 11 East to the north corporate limits. SECOND WARD The Second Ward shall include all territory and land within the municipality lying south and west of the following described line: Beginning at the intersection of the easterly right -of -way of the Chicago and Northwestern Railway Company and the south line of the SE 1/4 SE 1/4 of Section 10, Township 18 North, Range 11 East; thence northerly and east- erly along the easterly and southerly railroad right -of -way line to the centerline of Nineteenth Street; thence southerly along the centerline of Nineteenth Street to the centerline of Washington Street; thence easterly along the centerline of Washington Street to the center line of Eighteenth Street; thence southerly along the centerline of Eighteenth Street to the centerline of Grant Street; thence easterly along the centerline of Grant Street to the center- line of Seventeenth Street; thence southerly along the centerline of Seventeenth Street and the southerly projec- tion of said centerline to the south corporate limits. O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 12th day of May, 1981. ATTEST: The Third Ward shall include all territory and land within the municipality lying south 'and east of the following described line: Beginning at the intersection of the centerline of U.S. Highway No. 30 and the east corporate limits; thence westerly along the centerline of U.S. Highway No. 30 the centerline of Tenth Street; thence northerly along the centerline of Tenth Street to the centerline of Nebraska Street; thence westerly along the centerline of Nebraska Street to the centerline of Nineteenth Street; thence southerly along the centerline of Nineteenth Street to the centerline of Washington Street; thence easterly along the centerline of Washington Street to the centerline of Eighteenth Street; thence southerly along the centerline of Eighteenth Street to the centerline of Grant Street; thence easterly along the centerline of Grant Street to the centerline of Seventeenth Street; thence southerly along the centerline of Seventeenth Street and the southerly projection of said centerline to the south corporate limits. The Fourth Ward shall include;.La11 territory and land within the municipality lying north and west of the following described line: Beginning at the intersection of the easterly right -of -way of the Chicago and Northwestern Rail- way Company and the southline of the SE 1/4 SE 1/4 of Section 10, Township 18 North, Range 11 East; thence northerly and easterly along the easterly and southerly railroad right - of -way line to the centerline of Nineteenth Street; thence northerly along the centerline of Nineteenth Street to the centerline of Nebraska Street; thence easterly along the centerline of Nebraska Street to the west line of the E 1/2 NE 1/4 of Section 11, Township 18 North, Range 11 East; thence northerly along the west line of the E 1/2 NE 1/4 of said Section 11 and the west line of the E 1/2 SE 1/4 of Section 2, Township 18 North, Range 11 East to the north corporate limits. VERNA R. BULL, CIITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY O'HANLON & NELSON, ATTORNEYS. 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ➢W I ) :ss: Yi a uW IIIYiYU i THIRD WARD FOURTH WARD M. STANLEY JENEN,V MAYOR VERNA R. BULL hereby certifies that she is the duly appointed qualified and acting City Clerk I a h I .., .'1&I Iii- -a.. -- iJdJl mat of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of May, 1981. VERNA R. BULL, CITY CLERK I O'HANLON & NELSON, ATTORNEYS. 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 AN ORDINANCE PROVIDING FOR A WAIVER OF THE REQUIREMENT OF THE INSTALLATION OF STREET LIGHTS AS PART OF ANY STREET IMPROVEMENT DISTRICT IN THE CITY OF BLAIR WHICH IS CREATED WITHIN A DESIG- NATED INDUSTRIAL TRACT; PROVIDING FOR LIMITATION OF SAID WAIVER; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND REPEALING ANY ORDINANCES OR PARTS THEREOF IN CONFLICT HERE- WITH. BE IT ORDAINED BY JHE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Said City of Blair may waive requirements heretofore entered said City requiring street lights to be created and constructed within the City of Blair, however, provided and so long as said District is wholly within a desig- nated industrial district as set forth by said City. SECTION 2. Said waiver of the requirement for street lights as a part of a street improvement district shall not be a permanent waiver and at such time as said waiver is granted a time limit for the installation of street lights shall be deter- mined by the City of Blair. SECTION 3. The expense for the installation of said street lights shall be the obligation of the developers or property owner and arrangements for the payment thereof shall be made at the time said waiver is granted. SECTION 4. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. SECTION 5. All ordinances or parts thereof in conflict herewith are hereby repealed. Passed and approved this 26th day of May, 1981. ATTEST: VEt(NA R. BULL, City Clerk ORDINANCE NO,. 1300 (-& M. STANLEY JE ► E NS,,/ MAYOR (SEAL) O'HANLON & NELSON, ATTORNEYS. 1 569 WASHINGTON. BLAIR. NEBRASKA 68008 (402) 426 -9666 STATE OF NEBRASKA ) VERNA R. BULL hereby certifies that WASHINGTON COUNTY ) • ss she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 1981.. VERNA R. BULL O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON. BLAIR. NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1301 AN ORDINANCE AMENDING ORDINANCE NO. 1297 ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 144 IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE OF SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF'?THE STREET IMPROVEMENTS 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. That Ordinance No. 1297 of the City of Blair is hereby amended as follows: A petition signed by the owners of more than three- fourths of the lots abutting upon the streets to be improved as hereinafter set forth, petitioning "for the improvement of the following described streets in the City Blair, Nebraska: In East First Street, from the existing con- crete paving at the intersection of East First Street and Grant Street, south to the south line of Section, Seven C7), Township Eighteen (18) North, Range Twelve C12) East of the Sixth Prin- cipal Meridian, Washington County, Nebraska, and in Colfax Street from the centerline of First Street to a point 300 feet east and 300 feet west of said centerline. 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 by the City of Blair and said improvements 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 City Council of said City. SECTION 3. The property included in said Street Improvement District No. 144 and subject to special assessments is all of the privately owned lots, parts of lots and tracts of land and the lots, parts of lots and tracts of land owned by any municipal or public corporation and abutting upon and adjacent to said streets to be improved, to -wit: O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 Beginning at a point on the North line of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) of Section Seven (7), Township Eighteen North, Range Twelve (12) East, 3b0.0 feet West of the Northeast corner of said 1/4 1/4 section; thence southerly parallel with the East line of. said 1/4 1/4 section to the South line of the South Half of the Southwest Quarter (S1 /2 SW1 /4) of Section Seven (7); thence. Easterly on said South line a distance of 600.0 feet; thence Northerly parallel with said East line to the South line of Grant. Street; thence Westerly said South line to a point 300.0 feet West of the East line of the Northwest Quarter of the Southwest Quarter of said Section Seven (7); thence Southerly to the point of beginning; lying in the Southwest Quarter (SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washington County, Nebraska. SECTION 4. The cost of said improvements in said improvement 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 propor- tion to said benefits, 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 26th day of May, 1981. ATTEST: VERNA R. BULL leaf , CITY CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY ) :ss: M. STANLEY J te/, MAYOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 1981. - O'HANLON & NELSON, ATTORNEYS. 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1302 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE 'CITY OF BLAIR, NEBRASKA: Beginning at the 1/4 1/4 corner north of the southwest corner of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East, and assuming the West line of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) of Section Seven (7) to bear due North- South; thence South on said West line a distance of 547.41 feet; thence East to a point 300.0 feet West of the East line of said 1/4 1/4 section; thence Northerly parallel with said East line to the North line of said Southwest Quarter Southwest Quarter (SW1 /4 SW1 /4); thence Westerly on said North line to the point of beginning; lying in the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washington County, Nebraska. AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 45 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUN- DARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE SANITARY SEWER LINES WITHIN SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH. THE CITY CLERK. SECTION 1. The Mayor and Council of the City, of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary sewer system beyond the existing system by the construction of sanitary sewer mains and that for the purpose of constructing said sanitary sewer mains there is hereby created Sanitary Sewer Extension District No. 4.5 of the City of Blair, pursuant to authority granted in Section 19 -2402, R.R.S. Neb. 1943. SECTION 2. The outer boundaries of Sanitary Sewer Extension District No. 45 shall include the following described real estate: Beginning at a point on the North line of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East, 300.0 feet West of the Northeast corner of said 1/4 1/4 section; thence southerly parallel with the East line of said 1/4 1/4 section to the South line of the South Half of the Southwest Quarter (S1 /2 SW1 /4) of Section Seven (7); thence Easterly on said South line a distance of 600.0 feet; thence Northerly parallel with. said East line to the North line of the South Half of the Southwest Quarter (S1/2 SW1 /4); thence westerly on said North line to the point of beginning; lying in the South Half of the Southwest Quarter (S1 /2 SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washington County, Nebraska. O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 or without cause, The size, location and terminal points of the sewer mains in said district shall be as follows: a 10 inch P.V.C. sewer line from the 1/4 1/4 corner of the Southwest corner of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East and assuming'the West line of the Southwest Quarter of the Southwest Quarter, (SW1 /4 SW1 /4) of Section Seven (7) to bear due North and South; thence South a distance Of 322.41 feet; thence East a distance of 191.30 feet to a point on the Westerly right- of-way of a county road, said point being the point of beginning; thence East to East First Street. In East First Street from the South line of Section Seven (7), Township Eighteen (18) North, Range Twelve (12),East to the 1/4 1/4 section line North of the South line of said Section Seven (7) . SECTION 3. Reference is hereby made to the plans and specifications for said sanitary sewer extensions which have been prepared by Blair Engineering, Inc., special engineers, for the City, and which, together with said, engineers' estimate of the total cost for the proposed sanitary sewer extensions have heretofore been filed with the City Clerk. SECTION 4. The engineers' estimate of total cost for the proposed sanitary sewer extension improvements in said District is $51,830.43. SECTION 5. The Mayor and Council hereby find and determine that none of the properties located within said District are presently served by the City's existing system of sanitary sewer service, and that said District constitutes an area of land located apart and outside the area served and benefited by said system. SECTION 6. Said proposed work improvement shall proceed forthwith and bids for the construction thereof will be received by the Mayor and Council of the City of Blair, Nebraska, up to the hours of 4:30 o'clock, P.M., June23, 1981, said bids to be filed with the City Clerk of said City and thereafter to be opened, considered and acted upon by the Mayor and Council on behalf of said City, always reserving the right to reject any and all of such bids with O'HANLON & NELSON, ATTORNEYS. 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 6 'SECTION 7. The Mayor and.City Clerk are hereby authorized, empowered and directed to f.orthwith cause.to be published in..the official newspaper of the City a Notice to Contractors of the.tim.e and place for receiving bids for such work of improvement, .t.he same to be published three times for . three consecutive weeks prior to said date for receiving bids. Passed and.approved this May 26, 1981. ATTEST: VERNA R BULL, CITY CLERK (SEAL) M. STANLEY .. RSr , MAYOR STATE OF NEBRASKA ) Verna R. Bull hereby certifies that :ss: WASHINGTON COUNTY ) she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City. Council of said City held on the 26th day of May, 1981. It O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1303 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 22 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES WITHIN SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of water mains and that for the purpose of constructing said water mains there is hereby created Water Extension District No. 22 of the City of Blair, pursuant to authority granted in Section 19 -2402, R.R.S. Neb. 1943. SECTION 2. The outer boundaries of Water Extension District No. 22 shall include the following described real estate: Beginning at a point on the North line of the Southwest Quarter of the Southwest Quarter (SW1 /4 SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East, 300.0 feet West of the Northeast Corner of said 1/4 1/4 section;. thence southerly parallel with the East line of said 1/4 1/4 section to the South line of the South Half of the South- west Quarter (S1 /2 SW1 /4) of Section Seven (7), thence Easterly on said South line a distance of 600.0 feet; thence Northerly parallel with said East line to the South line of Grant Street thence Westerly on said South line to a point 300.0 feet West of the East line the North- west Quarter of the Southwest Quarter (NW1 /4 SW1 /4) of said Section 7; thence Southerly to the point of beginning; lying in the Southwest Quarter (SW1 /4) of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washington County, Nebraska. The size, location and terminal points of the water mains in said district shall be as follows: a 10 inch ductile iron pipe located in East First Street, from the existing water main at the intersection of East First Street and Grant Street South to the South line of Section Seven (7), Township Eighteen (18) North, Range Twelve (12) East of the Sixth Principal Meridian, Washingto County, Nebraska. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 SECTION 3. Reference is hereby made to the plans and specifications for said,wat.er extensions, which have been prepared by Blair Engineering, Inc., Special Engineer for City, and which, together with said engineer's estimate of the total cost for the proposed water extensions, have heretofore been filed with the City Clerk. SECTION 4. The engineer's estimate of total cost for the proposed water extension improvements in said District is $28,825.75. • SECTIONS. The Mayor and Council hereby find and determine that none of the properties located within said District are presently served by the City's existingsy'stem of water service and that said District constitutes an area of land located apart and outside the area served and benefited by said system. SECTION 6. Said proposed work of improvement shall proceed forthwith and bids for the construction thereof will be received by the Mayor and Council of the City of ATTEST: Blair, Nebraska, up_.te the hour of 4:30 o'clock p.m., June 23, 1981, said bids lwci':be filed with the City Clerk of said City and thereafterto be opened, considered and acted upon by the Mayor and Council on behalf of said City, always reserving the right to reject any and all of such bids with or without cause. SECTION 7. The Mayor and City Clerk are hereby authorized, empowered and directed published in the official newspaper of the City a Notice to Contractors of the•time and • place for receiving bids for such work of improvement, the same to be published three times for three consecutive weeks prior to said date for receiving bids. Passed and approved this 2.6th day of May, 1981, VERNA R. BULL, CITY CLERK (SEAL) forthwith cause to be M. STANLEY.JEN`a AYOR O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666' STATE OF NEBRASKA WASHINGTON COUNTY :ss: VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 1981. VERNA R. BULL ORDINANCE NO, 1304 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS TO THE CITY OF BLAIR, NEBRASKA, MORE PARTICULARLY DESCRIBED HEREINBELOW; AND EXTENDING THE LIMITS OF THE CITY OF BLAIR TO.INCLUDE SAID ANNEXED TERRITORY;. REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: to -wit: SECTION 1: WHEREAS, the following tract of land, FROM THE SOUTHWEST CORNER OF SECTION 2, T 18 N, R 11 E, AND ASSUMING THE SOUTH LINE OF THE SW4 SWi OF SECTION 2 TO BEAR S 89 °20'E, THENCE S 89 A DISTANCE OF 98.65 FEET TO THE WEST LINE OF LARSEN HEIGHTS SECOND ADDITION TO BLAIR, NEBRASKA; THENCE N 15 0 36'15 "W ON SAID WEST LINE A D ISTANCE- OF 435.93 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 15 °36'15 "W ON SAID WEST LINE A DISTANCE OF 269.03 FEET TO THE NORTHWEST CORNER OF SAID ADDITION; THENCE S 74 °23'45 "W A DISTANCE OF 66.0 FEET; THENCE S 15°36'15"E A DISTANCE OF 2 69.03 FEET TO THE NORTHEAST CORNER OF COLLEGE HEIGHTS ADDITION; THENCE N 74 9 23'45 "E A DISTANCE OF 66.0 FEET TO THE POINT OF BEGINNING; LYING IN THE SW- SWs OF SECTION 2 AND THE SE' SE* OF SECTION 3, ALL IN TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6th P.M., WASHINGTON COUNTY, NEBRASKA, AND CONTAINING 0.41 ACRES, MORE OR LESS. is contiguous to the Ci,ty.of Blair and is urban or suburban in character and the Mayor and City Council herewith deem it neces- sary and advisable to annex said territory to the City of Blair. SECTION 2: That a majority of the City Council of the City of Blair voted in favor of said annexation. SECTION 3: That the tracts of land described herein be and the same hereby are annexed•to the City of Blair, Nebraska. SECTION 4: The limits of the City of Blair, Nebraska, are hreby extended to include this said territory. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 ATTEST: W ade VERNA R. BULL, CITY CLERK (SEAL) . SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in force and take ful'I effect from and after its passage, approval and publication as provided by law. Passed and approved this 9 th day of STATE OF NEBRASKA ) ) :ss; WASHINGTON COUNTY ) June, 1981, M. STANLEY JEN ENYMAYOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of June , 1981. Za 24,4_/ 1!? VERNA R. BULL, CITY CLERK O'HANLON & NELSON, ATTORNEYS, 1 669 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426-9666 ORDINANCE NO. 1305 AN ORDINANCE AMENDING SECTION 5 -613 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, MAKING IT UNLAWFUL FOR ANYONE TO OPERATE A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR OR DRUGS, PROVIDING FOR PENALTIES THEREFORE, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: 1; NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Blair, Nebraska, that Section 5 -613 of the Municipal Code of the City of Blair is hereby amended to read as follows: DRIVING UNDER INFLUENCE OF ALCOHOLIC LIQUOR OR DRUG; PENALTIES; REVOCATION OF OPERATOR'S'LICENSE; IMPOUNDING OF MOTOR VEHICLE. It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or when that person has ten - hundredths of one per cent or more by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood, breath or urine: Any person who shall operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while having ten - hundredths of one per cent by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood, breath, or urine shall be deemed guilty of a crime and, upon conviction thereof, shall be pun- ished as follows: 1. If such conviction is for a first offense, such person shall be guilty of a Class IIIA misdemeanor and the court may, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of six months from the date of his or her final discharge from the county jail, or the date of payment or satisfaction of such fine, whichever is the later, and shall order that the operator's license of such person be revoked for a like period; PROVIDED, in the event that the court shall suspend the proceedings and place such person on probation as provided by law, the court as one of the condi- tions of probation shall order such person not to drive any motor vehicle for any purpose for a period of thirty days from the date of the order. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 SECTION 1: All ordinances or parts of ordinances in conflict here- with are hereby repealed. SECTION 2: This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. ATTEST: Passed and approved this 14th . day of July, 1981. (SEAL) 2 If such conviction is for a second offense such person shall be guilty of a Class III misdemeanor and the court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of one year from the date of his or her final discharge from the county jail, or the date of payment or satisfaction of such fine, whichever is the later, and shall order that the operator's license of such person be revoked for a like period, and if the motor vehicle which such person was operating or was actually physically controling, while under the influence of alcoholic liquor or any drug, is registered in the name of such person, the motor vehicle shall be impounded in a reputable garage by the court for a period of not less than two months nor greater than one year at the expense and risk of the owner thereof; PROVIDED, any motor vehicle so impounded shall be released to the holder of a bona fide lien thereon, executed prior to such impounding, when possession of such motor vehicle is requested:, in writing by such lienholder for the purpose of foreclosing and satisfying his or her lien thereon. ___2L12.•ejh VERNA R. BULL, CITY ULERK M. STA LEY JENEN. /MAYOR STATE OF NEBRASKA ) ) :ss: VERNA R. BULL hereby certifies WASHINGTON COUNTY ) that she is the duly appointed qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the la th day of July, 1981. 4( VERNA R. BULL, CITY O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1306 AN ORDINANCE ESTABLISHING AND SETTING LICENSE FEES FOR GENERAL CONTRACTORS IN THE CITY OF BLAIR, BUILDING PERMIT FEES, LICENSE FEES FOR MASTER PLUMBERS, LICENSE FEES FOR MASTER HEATING CON- TRACTORS, LICENSE FEES FOR MASTER ELECTRICIANS, LICENSE FEES FOR TREE TRIMMERS, PLUMBING PERMIT FEES, HEATING PERMIT FEES, ELECTRONIC PERMIT FEES,BUILDING MOVING, AND DEMOLITION FEES, CURB CUT DEPOSIT AND PERMIT FEES, AIR CONDITIONING PERMIT FEES, SIGN ERECTION FEES, FEES FOR TREE CUTTING PERMITS, SUBDIVISION APPLICATION FEES, AND SPECIAL USX .EEi1", FEES, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR that the following fees for permits, licenses, and applications are hereby adopted and established for the City of Blair as follows: License Fee — General Contractor $5.00 Building Permit Fees Less than,$50.00 No Fee $ 50 to $ 999 $ 5.00 $ 1,000 to 4,999 15.00 $ 5,000 to 9,999 30.00 $ 10,000 to 19,999 40.00 $ 20,000 to 49,999 60.00 $ 50,000 to 99,999 100.00 $100,000 to 199,999 200.00 $200,000 to 299,999 300.00 $300,000 to 399,9999 400.00 $400,000 to 499,999 500.00 $500,000 or greater plus $1.00 for each additional $1,000.00 or fraction thereof. License Fee - Master Plumber $ 25.00 Plumbing Permit Fees Rough 12.00 Final 6.00 Sewer Residence 10.00 Commercial Building 25.00 Septic Tank 10.00 Water Supply 10.00 Water Treatment 5.00 License Fee - Master Heating. . . . . . . Heating Permit Fees Rough Final 6.00 6.00 . . $ 25.00 License Fee - Master Electrician $ 25.00 O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 Electric Permit Fees Rough Final Building 15.00 Demolishing Building 15.00 Curb Cut Permit $3.00 per ft. deposit Cut Pavement Permit Air Conditioning Permit Sign Erecting $ 6.00 6.00 5.00 5.00 10.00 10.00 License Fee - Tree Trimmer $ 10.00 Tree Cutting Permit 6.00 SubDivision Application Fee 75.00 Special Use Permit Application Fee 25,00 SECTION 1: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 2.: This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. ATTEST: (SEAL) Passed and approved this 14th day of-July, 1981 VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) ) :ss: VERNA R. BULL hereby certifies WASHINGTON COUNTY ) that she is the duly appointed qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of July, 1981. IgIet VERNA R. BULL, CITY CLERK D'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1307 AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY. WITHIN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR COMMENCING AUGUST 1, 1981, AND ENDING ON JULY 31, 1982, REPEALING ALL ORDINANCES OR PARTS. OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby levied for the use and benefit of the City of Blair, Nebraska, for the fiscal year commencing on August 1, 1981, a. tax on all property within the corporate limits of said City in the amount of $479,582.00', which will result in a mill levy of 15.140 on an assumed total actual valuation of $90,504,102.00. SECTION 2. All taxes levied herein shall be and become due, and remaining unpaid, shall become delinquent as provided by law. SECTION 3. The City Clerk is hereby authorized and instructed to certify to the County Clerk of Washington County, Nebraska, the percentage of or number of mills on the dollar of taxes levied for all City purposes hereunder, on the taxable property within the City for said year as shown by the assessment roll for said year, including all special assessments and taxes assessed as herein provided to be collected in the manner pro- vided by law for the collection of State and County taxes within Washington County wherein the City of Blair, Nebraska, is situ- ated, the foregoing being levies required to raise the necessary amount for the maintenance of said City and the amount required or authorized to be raised by statute. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this ?7thday, of July, 1981. ATTE, ►, M. STANLEY JE .+"ENV, MAYOR ,s1J VERNA R. BULL, CITY CLERK O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 STATE OF NEBRASKA WASHINGTON COUNTY :s s: VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 27th day of July , 1981. VERNA R. BULL, City Clerk O'HANLON & NELSON. ATTORNEYS. 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 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, 1981, AND SPECIFYING THE OBJECT AND PURPOSE OF EACHAPPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby appropriated for the use of the City of Blair, Washington County, Nebraska, the sum of $6,807,376.00 to be raised and acquired by the levy of general and special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said City for the 1981 -1982 fiscal year. SECTION 2. That the following amounts be and hereby are appropriated from the various funds to the use and purpose hereinafter specified, to -wit: FUND ALL SOURCES EST. General $1,953,151.00 General Obligation Debt Service 352,255.00 Water Department 1,099,054.00 Sewer Department 393,323.00 Electrical Department 3,009,593.00 SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 27th day,of July, 1981. VERNA R. BULL, CITY CLERK (SEAL) ORDINANCE NO. 1308 M. STANLEY JE E , MAYOR YHANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 X11 STATE OF NEBRASKA ) WASHINGTON COUNTY ) ,ss: VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 27th day of July , 1981. VERNA R. BULL, City Clerk 'HANLON & NELSON. ATTORNEYS, 1 569 . WASHINGTON, BLAIR, NEBRASKA 68009 (402) 426 -9666 ORDINANCE NO. 1309 AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR° THE OFFICERS AND EMPLOYEES OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the compensation for the officers and employees of the City of Blair will be effective August 2, 1981, is hereby established and set as follows: Bi- Weekly Salaries: Mark Adams - $510.00, Jayne Arnold - $570.00, Tom Austin - $710.00, Danny Coon - $610.00, Richard Everhart - $650.00, Raymond Fisher - $961.54, Aaron Hansen - $530.00, William Harrington - $590.00, Patrick Herman - $570.00, Wilbert Jensen - $710.00, Marvin Johnson - $510.00, Arthur Keller - $610.00, Vatklan. Korth - $530.00, Ronnie Kuehn - $530.00, Henry Miller - $590.00, Francis Quick - $690.00, Dale Robinson - $710.00, Ray Satterfield - $550.00, Seth Sessions - $530.00, James Stier - $630.00, David Warren - $590.00, Mark Warren - $430.00, Kenneth,Wulf - $450.00, Francis Coddington - $410.00, Peggy J. Frahm - $430.00, Leland T. Smith - $490.00, R. Owen Burgin - $530.00, Marcia Nickerson - $350.00, Douglas Bullock - $1,038.48,, Verna Bull - $628.48, Alice Diedrichsen - $430.00, Teri S. Bedke - $350.00, Leona M. Hansen - $410.00, Laverne M. Rembold - $410.00, Darlene P. Safely - $255.00, Herman H. Allen - $550.00, Robert E. Bolton - $570.00, Alan W. Engelke - $550.00, Bobby Lee Hardy - $692.31, Harold E. Jacobsen - $570.00, Everett S. Paine - $550.00, Patrick N. Long - $450.00, Junior A. Porter - $550.00, Christine K. Caronia - $490.00, Richard L. Baumer - $590.00, Fred J. Carritt - $590.00, Gregory S. Clark - $490.00, Dewayne R. Flora - $570.00, Walter L. Groves, Jr. - $Ito OO ' Tony Alan Hale - $610.00, Eddie H. Kuhl - $650.00, Leslie W. Petersen - $550.00, Darwin Lee Shaw - $550.00, Jeannine M. Stier - $470.00, David Torrez - $530.00, James Warden - $670.00, Willard T. Lewis - $450.00, Robert H. Siert - $370.00, and Dale Stricklett - $450.00. Monthly Salary : O'Hanlon & Nelson - $1,000.00. Yearly Salaries: Councilmembers: HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 Frank Drbal - $1,000.00, Jerome Jenny - $1,000.00, Mary Jo Kubie - $1,000.00, J. Merton Kuhr - $1,000.00, James Long - $1,000.00, Henry Neef - $1,000.00, Frank Reyzlik - $1,000.00 James Ryan - $1,000.00, and Mayor M. Stanley Jensen - $1,500.00. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 27th day of 1981. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY ) :SS: July M. STANLEY JENSON, 44AYOR VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 27th day of July , 1981. ZL4i4L )1reil VERNA R. BULL, City Clerk 'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 AN ORDINANCE VACATING A PORTION OF FAIRVIEW DRIVE BETWEEN 10TH AND 11TH STREETS IN BECK'S ADDITION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, that a portion of Fairview Drive lying between llth street and 10th street in Beck's Addition in the City of Blair as specifically set forth and des- cribed on the vacation plat attached hereto marked Exhibit "A" and by this reference made a part hereof is hereby and the same is vacated. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 13th day of October, 1981. ATTEST: VERNA R. BUL , City Clerk (SEAL) STATE OF NEBRASKA ) •WASHINGTON COUNTY ) :ss: ORDINANCE NO. 1981 1310 M. STANLEY JENSEN M$./or VERNA R. BULL, hereby certifies that she is the duly appointed qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 13th day of October, 1981. VERNA R. BULL, City Clerk ORDINANCE NO. 1311 AN ORDINANCE AMENDING SECTION 4 -301. OF THE MUNICIPAL CODE OF THE CITY OF BLAIR DEFINING REFUSE AND GARBAGE; AMENDING SECTION 4 -302 OF THE MUNICIPAL CODE OF THE CITY.. OF BLAIR PROVIDING THAT IT SHALL BE UNLAWFUL TO BURN GARBAGE OR REFUSE WITHIN THE CITY OF BLAIR, EXCEPT UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTION 4 -310 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that Sections 4 -301, 4 -302 and 4 -310 of the Municipal Code of the City of Blair are hereby amended to read as follows: 4 -301 GARBAGE AND REFUSE; DEFINITIONS. As used in this Article, the term "garbage" shall include all food waste: and refuse, both vegetable and animal, from kitchens, house- holds, restaurants, food stores and other commercial establish - for the preparation, consumption, sale, dealing in, storage and processing of foods and food products. As used in this Article, the term "refuse" shall include tree and shrub trimmings, leaves, grass, weeds, garden vegetation, waste paper, scrap lumber, ashes, scrap plaster and other building materials, packing boxes, cartons, excelsior, waste hay, waste straw, combustible packing materials and refuse, broken glass, tin cans and containers, surgical or sanitary dressings and pads and other waste materials from hospitals, nursing homes, convalescent homes and old people's homes and waste articles, substances and materials. 4 -302 GARBAGE AND REFUSE BURNING PROHIBITED; EXCEPTIONS. A. It shall be unlawful to burn garbage or refuse within the municipal limits of the City either in open and unconfined or closed burning on private or public property, except that the Chief of the Fire Department and the City Administrator may issue a special permit for the burning of buildings or structures which have either been condemned or which are being burned in a practice exercise for the Fire Department of the City. Such per- mitted burning shall take place with at least one person desig- nated by the Fire Chief and his agents in attendance. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR. NEBRASKA 68008 (402) 426 -9666 B. It shall be unlawful to keep. store or maintain in any building or on any premises, any waste, refuse, debris, rubbish, garbage or other loose combustible material, except recognized fuels, in such manner as will enhance the danger of fire on such premises, when located within the City limits. C. Notwithstanding any other provisions of this code, burning of refuse may be allowed in commercial or industrial incinerators which shall meet the following requirements: 1. All incinerators shall be provided with approved feed and draft doors. 2. All stack, vents, port and other openings shall be provided with steel mesh covers to retain burning embers and flying ash, and the openings in said screen mesh shall not be greater than 0.50 square inches. Ash space, properly con- fined to prevent scattering of hot ashes shall be provided in incinerators in an amount equal to or more than one - fourth (1/4) of the combustion volume of the device, and adequate provisions for removal of ashes shall be provided. 3. All incinerators shall be provided with draft doors or protected openings of sufficient area to insure proper combus- tion in the device. Air shall be admitted under the fuel bed in all types of incinerators in proper amount and further pro- visions made that a minimum of twenty -five (25 %) percent of the total air of combustion be admitted above the fire bed to insure complete burning of gases and to destroy noxious odors arising from such combustion. 4. Grates, when used, shall be provided with a minimum of fifty (50 %) percent openings and shall be so constructed to retain all burning embers. Air openings around or above fuel bed shall have an area of not less than twenty -five (25 %) per- cent at the effective grate opening. 5. Construction and fire safety provisions of incinerators which are an integral part of a building or structure shall con- form to the standards prescribed by the National Board of Fire Underwriters and the American Gas Association's Specifications for gas burning equipment. O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 6. Incinerators shall be sized in such manner as to be adequate to handle the disposal problem to which they are applied. Grossly undersized incinerators which are a nuisance in operation shall be condemned and removed. 7. Incinerators as defined under this section shall be those totally enclosed within the building or structure, or a totally enclosed separate structure, and specifically shall exclude portable units such as wire basket, light metal and light refractory and further specifically excluding "burn barrels". D. Notwithstanding any other provision hereof, the Fire Chief and City Administrator may designate a two week period once during the month of April and once during the month of November of each year during which designated period open burn:ing'of only tree and shrub trimmings, leaves, grass, weeds or garden vegetation shall be permitted during the hours of 8:00 o'clock a.m. to 6:00 o'clock p.m. 4-310 GARBAGE AND REFUSE: BURNING PROHIBITED. It is hereby declared to be a nuisance and unlawful for any person to burn within the City, any garbage, as defined herein. SECTION 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 2. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 27th ATTEST: V RNA R. BULL, CITY CLERK (SEAL) , 1981 M. STANLE ENSEN day of October • STATE OF NEBRASKA ) VERNA R. BULL, hereby certifies that ) :ss: she is the duly appointed, qualified WASHINGTON COUNTY ) and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 27th day of OctoMer , 1981. VERNA R. BULL, CITY CLERK O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1312 AN ORDINANCE 'FIXING, SPECIFYING AND SETTING RATE CHARGES, AVAILABILITY AND SERVICE - SPECIFICATIONS TO CUSTOMERS OFF THE MUNICIPAL ELECTRICAL SYSTEM OF CITY OF BLAIR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVID- ING WHEN THIS ORDINANCE. SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR; NEBRASKA: SECTION 1. That the rate charges, availability and service speci- fications to customers of the municipal electrical system of the City of Blair be fixed, specified and set according to the terms and specifications of a Resolution passed by the Board of Public Works on October 26, 1981, a copy of which Resolution is attached hereto marked Exhibit "A" and by this reference made a part hereof, and that all terms and specifications of said Resolution are hereby adopted and ratified. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed.and approved this 27th day of October, 1981. ATTEST: VERNA R. BULL City Clerk Y STATE. OF NEBRASKA ) WASHINGTON COUNTY ) :SS M. STANLEY JENSEN VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and,that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City Feld on the 27th day of October , 1981. VERNA R. BULL, City Clerk BOARDMEMBER CHAPMAN VOTING ".AYE" AND BOARDM[iMBERS ATTEST: JACK CHAPMAN, Secretary INTRODUCED THE FOLLOWING RESOLUTION: BPW RESOLUTION NO. 1981 -4 BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF BLAIR, NEBRASKA, that the rate charges for electric power to the customers of the municipal electric power plant of said city and classifications of the various types of customer usage and service be fixed and set by the adoption of the general service rates, residential service rates and electric ser= vice regulations all as set forth on Exhibits 1, 2, and 3 respectively attached hereto and by this reference made a part hereof. Be it resolved that the general service rates, residential service rates, and electric service regulations as set forth on Exhibits 1, 2, and 3 respectively attached hereto shall be the sole criteria for the deter- mination and setting of rates for electric power to the customers of the municipal electric power plant of Blair, Nebraska, and for the service regulations and requirements to be provided by said municipality, and that all resolutions prior hereto setting said charge rates, service regulations, and requirements are hereby repealed. Be it further resolved that the classifications and terms herein - before fixed shall be and go into effect with the meter readings made for the billing period November 1, 1981 to December 1, 1981, which will be billed to the consumer on or about January 1, 1982. BOARDMI:MBER A `Y MOVE[) TIIAT THE RESOLUTION BE ADOPTED AS READ, W1116 SA [1) MOT ION WAS SECONDED BY BOARDMEMBER NIELSEN UPON ROLL CALL, BOARDMLMBERS (:HAPMAN ANDREWS, NT1 T, N AND RHOADFS VOTING "NAY ", THE DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS _26th I)AY OF OCI'U13[iR, 1981. J. HILTON RHOADES, Chairman BOARD OF PUBLIC WORKS CITY OF BLAIR GENERAL SERVICE RATE: EXUIBIT I Availability: To all consumers throughout the City of Blair Service Area for single phase, or three phase if available, alternating current, electric- service at any of the City's standard voltages, for all uses, when all the 'Consumers service at one location is measured by one meter, unless a Consumer takes emergency or special service as required by the City's Service Regulations. Not applicable to standby, breakdown, shared or resale service. Gross Monthly Bill: Each customer shall be billed and shall be obligated to pay for electricity used by the customer in an amount determined by applying the usage of the customer according to the Net Monthly Rate set forth herein - below plus 15 percent of that amount added thereto. Net Monthly Rate: $5.50 for the first 20 kilowatt -hours 5.6 cents per kilowatt -hour for the next 980 kilowatt -hours 4.6 cents per kilowatt -hour for the next 6500 kilowatt -hours 4.6 cents per kilowatt -hour for the next 70 kilowatt -hours per kilowatt of billing demand 3.2 cents per kilowatt -hour for the next 200 kilowatt -hours per kilowatt of billing demand 2.2 cents per kilowatt -hours for all additonal kilowatt- hour's Minimum billing shall be $5.50 but not less than $1.90 per kilowatt of billing demand, per month or any part thereof. A production adder may be added, at the option of the Board of Public Works, to any monthly billing period with the amount of the production adder to be determined from the previous month's production adder as applied on the whole- sale cost of electricity and carried to the nearest one mill. Determination of Billing Demand: Demand for any billing period, shall be the kilowatts, as shown by or computed from the readings of the City's demand meter, for the 30- minute period of the Consumer's greatest use during such billing period, but must be equal to or greater than the larger of the following: 85 percent of the highest 30- minute demand during the summer months of the preceding 11 months, or 60 percent of the highest 30- minute demand during the winter months of the preceding 11 months. Discount: The customer shall be entitled to a discount of the Gross Monthly Bill provided the customer remits full payment of the amount due under the bill- ing prior to the llth day of the month following receipt of the bill to the - customer. If the 10th day of the month falls on a holiday, Saturday, or Sunday, the customer shall have until the end of the next business day to remit payment and be entitled to said discount. The discount shall be com- puted as the difference between the Gross Monthly Bill and the Net Monthly Rate as defined hereinabove. Reconnection Charge: If a Consumer whose service has been disconnected has such service reconnected at the same location within twelve (12) months of such disconnection, the consumer shall be charged. a reconnection charge equal to the monthly minimum charge for the location multiplied by the number of months the location was disconnected. Service Regulations: The City's Service Regulations form a part of this Schedule as though written herein. Special Conditions: Consumer shall furnish, if requested, suitable space on his premises for the City's transforming equipment, and if required, suitable space for switching and/or capacitor equipment. The consumer's water heating and space heating equipment shall be a type approved by the City and shall be installed in accordance with the City's Service Regulations. City shall not be required to furnish duplicate service hereunder. BOARD OF PUBLIC: WORKS CITY OF BLAIR R1is 1 l)EN'1' 1 Al. SERVICE: Net Monthly Rate: Minimum bill is $S.28 1., \111 It 17 Availability: To single- family dwellings, farms, trailers, or to each of the individual living units, apartment houses, or multi- family dwellings, when such units are metered individually in the City's Service Area. A "unit" shall be a trailer, apartment, or unit.of a multi- family dwelling, equipped with cooking facilities. The single phase; alternating current, electric service will be supplied at the City's standard voltages, for residential uses, when all electric service furnished under this Schedule is measured by one meter. This Rate Schedule includes service for air- conditioning motors not exceeding 7 1/2 horsepower each, other rotors not exceeding 3 horsepower each; but excludes appliances producing abnormal voltage fluctuations, including but not limited to welders, large capacity water heaters, x -ray equipment,. et cetera. The consumer shall be required at his expense to have installed a separate transformer to eliminate said abnormal voltage fluctuations. Not applicable to standby, breakdown, emergency, supplementary, shared or resale service. Gross Monthly Bill: Each customer shall be billed and shall be obligated to pay for electricity used by the customer in an amount determined by applying the usage of the customer according to the Net Monthly Rate set forth herein - below plus 15 percent of that amount added thereto. : for the first 20 kilowatt -hours 4.9 cents per kilowatt -hour for the next 230 kilowatt -hours 3.2 cents per kilowatt -hour for the next 650 kilowatt -hours 2.b cents per kilowatt -hour for all over 900 kilowatt -hours A production adder may be added, at the option of the Board of Public Works, to any monthly billing period with the amount of the production adder to be determined from the previous month's production adder as applied on the whole- sale cost of electricity and carried to the nearest one mill. Discount: The customer shall be entitled to a discount of the Gross Monthly Bill provided the customer remits full payment of the amount due under the billing prior to the llth day of the month following receipt of the bill to the customer. If the 10th day of the month falls on a holiday, Saturday, or Sunday, the customer shall have until the end of the next business day to remit payment and be entitled to said discount. The discount shall be computed as the difference between the Gross Monthly Bill and the Net Monthly Rate as defined hereinabove. Special Exceptions: if a building served through one meter can be occupied as a residence by two, three or four families, each family unit having separate cooking facilities, the General Service Schedule will apply. The Consumer's water heating and space heating equipment shall be a type approved by the City and shall be installed in accordance with the City's Service Regulations. Reconnection Charge: If a Consumer whose service has been disconnected has such service reconnected at the same location within twelve (12) months of such disconnection, the consumer shall be charged a reconnection charge equal to the monthly minimum charge for the location multiplied by the number of months the location was disconnected. CITY OF BLAIR A-GENERAL EXHIBIT 3 LECTRIC SERVICE REGULATIONS A-1 DEFINITIONS Certilin terms used,.for the purposes of and subject to the other.provisions and conditions of the rate schedules and service regulations, unless otherwise indicated are defined as follows: 1. City: City of Consumer: Any Any person, partnership, association, . • firm, corporation .(public or • governmental agency, Asking service from the City at a specific location. '• 3. Service . Ares: The area �n fi e with the Nebraska Power Review Board. 4. Service Wires: The wires connecting the City's distribution system to a Consumer's service - terminals, 5. - Point of Delivery; The point where the City sup- plies service to a Consumer and which,:unieSS-:- othorwiseagreed upon between the City and the Consumer, shall be the point where tho service wires are. joined_to the service terminals. 6. Meter: The meter, or.meters, and any auxiliary equipment required to the electric service. supplied by-the City to a Consumer at a point of delivery. 7. - Residential: .Premises where the Consumerlives, such as asingle-faMily dwelling,. trailer, apartment, or individual -unit of a multi-family dwelling, equipped with cooking facilities. 8. General Service: Service to Consumer for all uses other than residential. 9. Board: Board of Public Works, City of Blair. A-2. APPLICATION OF RATE SCHEDULES The,rato schedules provided are applicable to electric service supplied durtng.a period of one (1) month, such month be either a calendar month or the equivalent period between consecutive monthly meter reading dates of the City, and the provisions thereof are premised upon the continuous use of service by a Consumer for periods of not less than twelve (12) consecutive months; provided, if a Consumer shall permanently disconnect part of his appli- ances or equipment, upon notification of the City by the Consumer, the application of the provisions of the schedule under which service is being supplied may be changed at the option of the City to meet the Consumer's changed conditions. Disconnection of service by a Consumer followed by reconnection at any time within the next twelve (12) months shall not suspend or eliminate the minimum monthly charge, connected load charge or demand charge specified in the rate schedule under which he is taking service, for the months so disconnected. Page 2 of 8 Unless otherwise provided herein, these regulations shall apply to service supplied by the City in the City's service area. B- SERVICE CONTRACTS B -1 SERVICE CONTRACT The City will supply service to a Consumer under and in accordance with the City's "Application for Utility Service" except where the Consumer has special conditions of service not covered by the specifications of the rate schedules, in which case service will be supplied under an individual con- tract covering only such Consumer's service. 8 -2 SERVICE CONTRACT -TERMS AND CONDITIONS Consumer will take from the City electric service at the given address, and pay for said service at the rate schedule specified herein and in accordance with the City's Service Regulations. The minimum monthly charge provided in the rate schedule shall apply and temporary disconnections of service of less than twelve (12) months will not eliminate the minimum charge. All rate schedules and service regulations are on file in. the offices of the City, and are subject at any time to amendment or repeal by the Board of the City. Consumer, without expense to the City, shall make or procure the required easements, satisfactory to the City, across . the property owned or controlled by the Consumer, for the City's lines or extension thereof required to furnish service to the Page 3 of 8 Consumer. Consumer shall permit the City to trim trees, including the removal of limbs, to the extent that such trimming shall be reasonably necessary to prevent inter- ference with the City's lines, except that trimming of trees on the Consumer's premises, which interfere with the City's service wires, shall be the responsibility of the Consumer. City will designate a point on the Consumer's premises where service will be delivered. Consumer will provide and maintain on his premises adequate support for attachment of the City's service wires, and will at all times be responsible for any damages occasioned by failure of or defect in such support. City will furnish metering equipment required to measure the service supplied, and will keep said equipment accurate within reasonable limits. Consumer shall furnish without cost to the City adequate space in a suitable loca- tion for the City's metering equipment. Consumer shall secure all necessary permits for wiring on the Consumer's premises and will install such wiring in accordance with the National Electrical Code and all appli- cable laws and ordinances of the City and will pay all inspec- tion fees. The Electric Utility department will not be re- sponsible for inspection of wiring on the Consumer's premises, but reserves the right to require inspection before connect- ing service. Title to all property installed or supplied by the City on a Consumer's premises.is and shall remain in the City, and said property may be removed by the City at any time. Consu- mer shall protect the property of the City on a Consumer's premises and maintain clear and safe access thereto at all reasonable times. Consumer shall pay for electric service monthly or at regular intervals prescribed at the option of the City. Failure to receive a bill shall not entitle the consumer to the difference between the gross and net bill, If a bill is not paid on or before the date after which the gross amount is due, such bill is delinquent and the City reserves the right to discontinue service. All disconnects for nonpayment or breach of contract shall be pursuant to the disconnect pol of the City established by resolution of the Board of Public Works. City has the right at any time, to prevent loss due to non- payment of bills, to require the Consumer to maintain a deposit with the City equal to double the maximum monthly bill here- under, but not less than $25.00. City will endeavor to supply, but does not guarantee, uninterrupted service of a generally accepted standard. Interruption of service for repairs; alterations; want of supply; conditions on a Consumer's premsies dangerous to persons, property or service of the Consumer or others; nonpayment by the Consumer of amounts payable hereunder; failure by the Consumer to provide means of access for obtaining regularly scheduled readings of the meter or for testing the City's metering equipment; or prevention of fraud or abuse shall not be a breach by the City of its part of this contract. The Consumer by and in making application for service does release the City from claims for, and shall indemnify and save harmless the City from, any and all loss and damage arising from interruption of service, or on account of injury or death to persons or damage -to property on the premises of a Consumer or under a Consumer's control. Neither this contract, nor the service supplied there- under, shall be assignable or transferable by the Consumer. C- SERVICE REGULATIONS- GENERAL C -1 • UNUERRILLING Page 4 of 8 Should the City as a result of faulty metering or incorrect accounting entries, underbi,ll the Consumer, the City on discovery of the error, shall be entitled to recover the amount of the underbilling during a period not - exceeding twenty -four (24) months, C -2 TRANSFER OF DEMAND Whenever a new Service Contract with an existing Consumer at the same location supersedes a previous contract,'the demand established by the Consumer under his previous contract will be considered as having been established under the new contract', C -3 SEPARATE BILLING FOR EACH METER Whenever a Consumer requires the City to supply service to his premises at more than one point of delivery, the service measured by the meter at each point of delivery will be consid- ered a separate service, and the meter readings will not be combined for billing purposes. C -4 EXCEPTIONS TO "ALL SERVICE" REQUIREMENTS Rate schedules which provide that all of a Consumer's service shall be measured by one meter shall not apply to: Page 5 of 8 (a) A consumer who is required by law to provide separate wiring circuits for emergency lighting service, sprinklers or alarm sy stems, and such service cannot feasibly be metered with the remainder of the Consumer's service; (b) A Consumer who occupies two (2) or more spaces within the same building, which spaces are separated by fire walls or intervening spaces, or are on different floors, and are not interconnected by private doors, passages, or stairways. In each of the above cases, the separately metered special service shall be billed under an applicable rate schedule. C -5 RESALE, REDISTRIBUTION, OR EXTENSION OF ELECTRIC SERVICE Electric service purchased by a Consumer shall be for the sole use of such Consumer in and upon the premises to which such service is supplied, and shall not be sold directly nor a bill rendered, on a metered or unmetered basis, by a Consumer to lessees, tenants or others. However, a Consumer may redis- tribute or extend the use of such service where: (a) The Consumer owns or operates a building in which electric service is furnished to the tenants without a specific or separate charge for such service; (b) .The Consumer occupies adjacent buildings for carrying on parts of the same commercial or industrial business, and when such business is operated as one integral unit under the same name. All such services are to be used by the Consumer and served through one meter. C -6 PARALLEL OPERATION OF CONSUMER'S GENERATING EQUIPMENT WITH CITY'S SERVICE • To protect the safety of the City personnel, and to protect the service of other Consumers, a Consumer who operates his own electric generating equipment shall not parallel such equipment with the. service` of the City. No connection whatsoever shall be made between such equipment and the service lines of the City without specific inspection and approval by the City. Any unapproved installation shall be grounds for immediate disconnection of City's service.. C -7 UNLAWFUL USE OP SERVICE In any case of tampering with meter installation or inter- fering with its proper functioning or any other unlawful use or diversion of services by any person, or evidence of any such tampering, unlawful use or service diversion, then, Con- sumer shall be liable to immediate discontinuance of service and to prosecution under applicable laws. City shall be entitled to collect from Consumer at the appropriate rate, for all power and energy not recorded on the meter by reason of such unlawful use or diversion, plus all- expenses incurred Page 6 of 8 by the City accounting of such unauthorized act or acts. C -8 UNDERGROUND SERVICE AVAILABILITY WHERE DISTRIBUTION IN AREA 1S OVERHEAD Underground secondary service may be available to a Consumer, provided 'he shall have installed such service at his own expense and in accordance with specifications issued by the City, and he agrees to retain the ownership_and the responsibility for the maintenance of such secondary service. Underground primary service may, at the City's option, be made available whereby the City's primary cables will extend into a City transformer or transformers at a Consumer's location where secondary service into the Consumer's property is considered by the City to be impractical. Such underground primary service cables shall be • installed, owned and main- tained by the City on Consumer property, provided prior ease- ment for the cable route has been granted the City by the Consumer. The Consumer shall pay the City its estimated cost in providing the underground service. C -9 CONSTRUCTION OF FACILITIES BEFORE CONSUMER'S PREMISES ARE WIRED The City may postpone actual construction of its facilities to a Consumer until such Consumer's wiring has been approved by the proper inspection authorities, has met the City's requirements, and is ready for connection to the City's distribution system. C -10 COMBINED RESIDENTIAL AND GENERAL SERVICE A Consumer in a single- family dwelling, parts of which are used for commercial purposes, may purchase service under a Residential rate schedule when the floor area of the part used for commercial purposes does not exceed 25% of the combined residential and commercial floor area. C -11 LOW POWER FACTOR EQUIPMENT Fluorescent, mercury vapor, neon, or other types of gaseous tubes or lamps, or other lighting devices or signs having inherently low power factor characteristics, shall be equipped at the Consumer's expense with devices to main- tain the power factor of each unit or separately controlled group of units at not less than 90% lagging. If the Consumer's powe.r.factor by measurement or test is Less than 85%, the City, at its.option, may require the Consumer to provide facilities for the City to inst.a.11 kilo - volt - ampere metering and may increase the Consumer's kilowatt demand for billing purposes by 1/2% for each 1% of the kilowatt demand is less than 85% of the kilovolt- ampere demand. Page 7 of 8 C -12 INSTALLATION OF AUTOMATIC ELECTRIC WATER HEATERS This regulation is applicable to all installations of storage type automatic electric water heaters. All heaters shall be installed in accordance with the following specifications, except General Service and Industrial Consumers where larger commercial storage type water heater installations may be approved by the City. (a) heating elements shall be designed for 240 volt, 208 volt, or other service voltage specified by the City. (b) All plumbing and wiring for water heaters covered here- under shall_be installed to conform to the rules and regulations of the City, the National Electrical Code, and with the ordinances, rules or regulations of any Controlling governmental agency. C -13 AIR - CONDITIONING INSTALLATIONS SUPPLIED FROM NETWORK SYSTEMS To protect the City's service to its other Consumers, any Consumer operating air- conditioning equipment of 100 horsepower or more, on three phase, four wire network ser- vices, shall provide means automatically to disconnect refrigeration compressors and their accessory equipment in the event of a serious overload on the network. Such auto- matic disconnecting equipment shall be of a type approved by the City. C -14 INSTALLATION OF SPACE tILiATING This regulation is applicable to all installations of electric space heating: The Consumer's space heating equipment shall be of a type approved by the City and the installation and wiring thereof shall be approved prior to installation and shall be subject to the City's building code. C -15 SPORTS FIELD SERVICE Service to an Outdoor Sports Field will be billed under the provisions of the regular'rate schedule applicable to electric service for which the Consumer is, or would be, billed for general services, except: (a) The proceeding 11 months demand are not applicable for determining minimum charges. (h) Service under this regulation is limited to quasi - public institutions. (c) Connected load shall not exceed 300 KW under this regulation. D- SERVI(:E REGULATIONS- SPECIAL Page 8 of 8 D -1 CHARGE FOR PERMANENT SERVICE Charges for permanent services shall include a $200.00 minimum deposit for permanent service and connection and other charges shall be applied as established by resolution adopted by the Board of Public Works on October 10, 1978. D -2 CHARGE FOR TEMPORARY SERVICE A charge of $50.00 will be made for each temporary overhead single phase service connection, consisting of service wires and meter only. A charge of $50.00 will be made for each temporary underground single phase service connection, consisting of service wires and meter only. When more than the above is required, the Consumer shall pay for the work done by the City on a contract basis. D -3 CHARGE FOR RE- ESTABLISHING SERVICE The charge for permanent service and the charge for temporary service, established in D -1 and D -2 above and the reconnection charge required by the City's Electric Rate Schedules shall not apply to the re- establishment of service after the destruction of. the Consumer's premises or a portion thereof resulting from explosion, fire, flood or storm. In such cases, the equivalent service will be reestablished at the Consumer's option at a temporary or permanent location. If the damaged premises are repaired within a.reasonable time, not to exceed two years, the charges- defined herein shall not apply when the Consumer moves back to his original location. D -4 TAX CLAUSE To the total of all charges for service under the appropriate rate schedule or schedules, shall be added the applicable existing state and municipal taxes; and also added shall be any new or additional tax or taxes, or increases in the rates of existing taxes -, imposed after the effective date of these rate schedules by any governmental authority upon the service rendered by the City. D -5 METER EXAMINATION The Department of Utilities shall require a deposit of $10.00 for labor only before removing and testing electric or water meters deemed to be inaccurate by the consumer. If the test proves the meter accurate within 2 %, slow or fast, the person requesting the test forfeits the deposit. If the meter is over 2% fast, the deposit shall be refunded and the bill in question shall be adjusted. The meter must be tested in the presence of the person making the request. AN ORDINANCE VACATING A PORTION OF A CUL -DE -SAC LYING IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW1 /4 NW1 /4) OF SECTION THIRTEEN (13), TOWNSHIP EIGHTEEN (18) NORTH, RANGE ELEVEN (11) EAST OF THE SIXTH PRIN- CIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, SPECIFICALLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF TAX LOT SEVENTY -FOUR (74), AND ASSUMING THE NORTH LINE OF SAID TAX LOT TO BEAR DUE EAST -WEST, THENCE EAST A DISTANCE OF 142.0 FEET. THENCE SOUTH. 0 04' 42" WEST A DISTANCE OF 250.0 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 0 04' 42" WEST A IISTANCE OF 100.0 FEET TO A POINT OF CURVATURE. THENCE ALONG A 50.0 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 157.15 FEET TO THE POINT OF BEGINNING; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND REPEALING, ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, that a portion of a cul -de -sac lying in the Southwest Quarter of the North- west Quarter (SW1 /4 NW1 /4) of Section Thirteen (13), Township Eighteen (18) North, Range Eleven (11) East of the Sixth Principal Meridian, Washington County, Nebraska, specifically described as commencing at the Northeast corner of Tax Lot Seventy -four (74) and assuming the North line of said Tax Lot to bear due East -West, thence East a distance of 142.0 feet. Thence South 0 04' 42" West a distance of 250.0 feet to the point of beginning. Thence continuing South 0 04' 42" West a distance of 100.0 feet to a point of curvature. Thence along a 50.0 foot radius curve to the right a distance of 157.15 feet to the point of beginning; as specifically set forth and described on the vacation plat attached hereto marked Exhibit "A" and by this reference made a part hereof is hereby and the same is vacated. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 27th day of October, 1981. ATTEST: VE 4 24-A./ A R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY. ) ORDINANCE NO. - - 1313 M. STANLEY JENSEN, ay VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 27th day of October, 1981. VERNA R. BULL, City Clerk O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 L EXHIBIT , Yy/ T. L . 74 ASSUMED . --- 142.0 SCALE / WILBUR EAST- WEST ' • |'o .~� 6 ,..; ) 0 5 �/ d o ~ ° ,~ �' �^ --- STREET 50' • | ' V/Ai T.L. 217 T.L. 218 TL. 82 . /� [ ' LEGAL DESCRIPTION: VACATION OF CUL - DE- SAC KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF BLAIR , NEBRASKA , BY AND THROUGH ITS MAYOR , M. STANLEY JENSEN , ON BEHALF OF THE CITY COUNCIL OF BLAIR , NEBRASKA, DO HEREBY VACATE THE CUL -DE -SAC IN THE CITY OF BLAIR MORE SPECIFICALLY DESCRIBED AS FOLLOWS: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, T -18 -N , R-II -E OF THE 6TH P.M. , WASHINGTON COUNTY, NEBRASKA, CONTAINING 0.09 ACRES MORE OR LESS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TAX LOT 74 , AND ASSUMING THE NORTH LINE OF SAID TAX LOT TO BEAR DUE E -W , THENCE EAST A DISTANCE OF 142.0 FEET. THENCE S 0 A DISTANCE OF 250.0 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SO ° - 04-42 A DISTANCE OF 100.0 FEET TO A POINT OF CURVATURE. THENCE ALONG A 50.0 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 157.15 FEET TO THE POINT OF BEGINNING. THE ABOVE CUL -DE - SAC IS RECORDED IN THE RECORDS OF WASHINGTON COUNTY, NEBRASKA IN THE OFFICE OF THE COUNTY CLERK IN PLAT BOOK 2 , PAGES 287 AND 288, AND IN PLAT BOOK 2 , PAGES 309 AND - 3I0. THE CITY OF BLAIR DOES HEREBY DECLARE SAID CUL -DE -SAC TO BE VACATED. IN WITNESS WHEREOF: SAID PARTY HAS CAUSED THESE PRESENTS TO BE SIGNED ON THIS DAY OF OCTOBER , 1981. ACKNOWLEDGEMENT: STATE OF NEBRASKA :SS: COUNTY OF WASHINGTON ON THIS DAY OF OCTOBER , 1981 , BEFORE ME , THE UNDERSIGNED NOTARY 'PUBLIC, PERSONALLY APPEARED M. STANLY JENSEN, MAYOR OF THE CITY OF BLAIR , NEBRASKA, WHO EXECUTED THE FOREGOING INSTRUMENT IN MY PRESENCE AND AT THE SAME TIME ACKNOWLEDGED IT TO BE HIS VOLUNTARY ACT AND DEED WITH THE FULL POWER VESTED IN HIM BY THE CITY COUNCIL OF BLAIR , NEBRASKA. WITNESS MY HAND AND OFFICIAL SEAL ON THE DATE LAST AFORESAID. MY COMMISSION EXPIRES THE CITY COUNCIL ACCEPTANCE: THE VACATION AS SHOWN AND DESCRIBED HEREON WAS ACCEPTED BY THE CITY COUNCIL OF BLAIR , NEBRASKA ON THIS DAY OF A.D. 1981 . ATTEST CITY CLERK • M. STANLEY JENSE / Ml0 NOTARY PUBLIC DAY OF , 19 ATTEST: ORDINANCE N01 314 AN ORDINANCE ADOPTING AND INCORPORATING BY REFERENCE, COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF BLAIR, NEBRASKA, REPREALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT'ORDAINED BY THE MAY6 AND CITY COUNCIL OF THE.CITY OF BLAIR, NEBRASKA: SECTION 1. Adopting and Incorporating by Reference Comprehensive Zoning Regulations. There is, hereby, adopted and incorporated by reference for the City of Blair, Nebraska, comprehensive zoning and subdivision regulations to be known as "Zoning and Subdivision Regulations for the City of Blair, Nebraska ", prepared and published in book form by Kirkham, Michael and Associates. Not less than three (3) copies, of said zoning regulations in book form with zoning district maps, marked or stamped "Official Copy as Adopted by Ordinance No. 1314 It, and to which shall be attached a published copy of this ordinance, shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. SECTION 2. Jurisdiction. The area of jurisdiction shall be all land within the corporate limits of the city of Blair, Nebraska, and all land within the area of planning jurisdiction as defined on the Official Zoning Map for Blair, Nebraska. SECTION 3. Notice and Recording. The Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute the notice of zone changing attached hereto marked Exhibit "A" and by this reference made a part hereof, and said City Clerk is hereby further directed to record said notice in the office of the Co SECTION 4. Repeal. All other ordinances or parts of ordinances in conflict with zoning and subdivision regulations as herein adopted and incorported by reference, are hereby repealed. SECTION 5. Effective Date. This ordinance shall be in force and take full effect from and after its passage and approval and publication as provided by law. Passed and approved this 8th day ofpe 1981. VERNA R. BUL , City Clerk YHANLON & NELSON, ATTORNEYS. 1 ' 569 WASI BLAIR, NEBRASKA 68008 (402) 426 -9666 ty Clerk of Washington County, Nebraska. M. STANLEY JENSEN, 4!a Y STATE OF NEBRASKA ) WASHINGTON COUNTY ) VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 8th day of pecemhpr :ss: ,1414,41 4 VERNA R. BULL, City Clerk , 1981. D'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 EXHIBIT "A" NOTICE OF AMENDMENT TO THE ZONING SUBDIVISION REGULATIONS OF THE CITY OF BLAIR AND THE ADOPTION OF A COMPREHENSIVE PLAN INCLUDING ZONING AND SUBDIVISION REGULATIONS FOR THE CITY OF BLAIR Notice is hereby given that the City of Blair has amended its zoning and subdivision regulations existing prior hereto and has by Ordinance No. 1314, dated December 8, 1981 adopted a new comprehensive plan and zoning regulations which said zoning and subdivison regulations shall be in full force and effect in the City of Blair and its jurisdic- tional limits, and copies thereof are on file with the City Clerk of the City of Blair, and the County Clerk of Washington County, Nebraska. Any further amendments or corrections thereto shall be made to the official copy on file with said City and said County Clerk. CITY OF BLAIR, NEBRASKA ATTEST: VERNA R. BULL, City Clerk STATE OF NEBRASKA ) ) WASHINGTON COUNTY ) On this gr day of Z100:46.,,a x, 1981, before me, the undersigned a Notary Public in and for said county, personally came, M. Stanley Jensen, Mayor of the City of Blair, Nebraska, and acknowledged the execution thereof to be his voluntary act and deed, and the voluntary act and deed of said corporation. WITNESS my hand and notarial seal the day and year last above written. 1 'owe 110011 `1[ 8v10110�t •PIKPN P PbS•AINIOW 1M1�311�9 By) M. STANLEY JENSEN, pay NO1ARYJPUBLIC O'HANLON & NELSON, ATTORNEYS, 1 569 WASHINGTON, BLAIR, NEBRASKA 68008 (402) 426 -9666 EXHIBIT "A" NOTICE. OF AMENDMENT TO THE ZONING SUBDIVISION REGULATIONS OF THE CITY OF BLAIR AND THE ADOPTION OF A COMPREHENSIVE PLAN INCLUDING ZONING AND SUBDIVISION REGULATIONS FOR THE CITY OF BLAIR Notice is hereby given that the City of Blair has amended its zoning and subdivison regulations existing prior hereto ' and has by Ordinance No. , dated December 8 . ', 1981, adopted a new comprehensive plan and zoning regulations which said zoning and subdivision regulations, shall be in full force and effect in the City of Blair and its jurisdictional limits, and copies thereof are on file with the City Clerk of the City of Blair, Nebraska. Any further amendments or corrections thereto shall be made to the official copy on file with said City Clerk. CITY OF BLAIR, NEBRASKA ATTEST: BY I) VERNA R. BULL, CITY CLERK STATE OF NEBRASKA )' )ss WASHINGTON COUNTY ) On this 29th day of December, 19 'before me, the undersigned a Notary Public in and for - said county, personally M. STANLEY JENN, L YOR came, M. Stanley Jensen, Mayor of the City of 'Blair, Nebraska, and acknowledged the execution thereof to be his voluntary act and deed, and the voluntary act and :deed of Said corporation. WITNESS my hand and notarial seal.the day and year last above written. l NOTARY•Ite of esti glIMAS L BUL O S I WYMAN E. NELSON, Attorney at Law 1645 rront Stteet Blair, "Nebraska 68008 (402) 426 -5123, xm z EXHIBIT "A" +; NOTICE OF AMENDMENT TO THE ZONING SUBDIVISION REGULATIONS IF THE CITY OF BLAIR AND THE ADOPTION OF A COMPREHENSIVE PLAN INCLUDING ZONING AND SUBDIVISION REGULATIONS FOR THE CITY OF BLAIR Notice is hereby given that the City of Blair has amended its zoning and subdivison regulations existing prior hereto and has by Ordinance No. 1314 , dated December 8 ; 1981, adopted a new comprehensive plan and zoning regulations which said zoning and subdivision regulations shall be in "full force and effect in the City of Blair and its jurisdictional limits, and copies thereof are on file with the City Clerk of the City of Blair, Nebraska. Any further amendments or corrections thereto shall be made to the official copy on file with said City Clerk. CITY OF BLAIR, NEBRASKA A I ST ti » ; ¢ �4 •VERNA CITY CLERK lye', . STATE j OF j NEBRA"SKA ) )ss WASHINGTON COUNTY ) On this STATE OF NEBRASKA, COUNTY OF WASHINGTON) SS rj / ENTER o iNigOAE L INDEX AND FILED FOR RECO THIS AY OF / 41 A.D.1 .E • AT C' /i — ; yl At RECORDED BOOK COUI :1 Y CL DEPUTY 29 thday WYMAN E. NELSON, Attorney at Law 49 6 BY 496 . STANLEY JENS rdl ;7 of December, 1981, before me, the undersigned a Notary Public in and for said' county, personally came, M. Stanley Jensen, Mayor of the City of Blair, Nebraska, and acknowledged the execution thereof to be his voluntary act and deed, and the voluntary act and deed of said corporation. WITNESS my hand and notarial seal the day and year last above written. 0 A R 12 L?A 4 I .> PUBLIC GENERAL NOTARY -State of Nebraska DOUGLAS E. BULLOCK My COMM Exp. 1646 Front Street Blair, Nebraska 68008 (402) 426 -6123 Recordert General . - - -,,/ IVumerlca Photostat .. - . . . AN ORDINANCE RESCINDING THE TWO HOUR TIME LIMIT PARKING RESTRICTION IN THE DOWNTOWN AREA OF THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: WHEREAS, the Municipal Code of the City of Blair, Nebraska prohibits parking by any vehicle for more than two hours in the downtown area of Blair, Nebraska, specifically including but not limited to the north and south sides of Lincoln Street between 16th and 17th Streets; and Washington Street between 14th and 19th Streets; and the east and west sides of 16th Street between Front Street and Lincoln Street; and 17th Street between Front Street and Lincoln Street, and, WHEREAS, it is not feasible to enforce said parking restrictions at the present time by the City of Blair, Nebraska, or its Police Department. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the two hour parking limit restriction is hereby rescinded except for specific parking time limit restrictions which have been set and imposed by the Mayor and City Council, for time periods less than two hours in specific locations. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 24th day of November, 1981. ATTEST: VERNA R. BULL, City Clerk STATE OF NEBRASKA ) WASHINGTON COUNTY ) :ss: ORDINANCE NO. 1315 M. STANLEY JENSEN, VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and fore- going Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 24th day of November, 1981. VERNA R. BULL, City Clerk 1 O'HANLON & NELSON. ATTORNEYS, 1 569 WASHINGTON. BLAIR, NEBRASKA 68008 (402) 426 -9666 ORDINANCE NO. 1316 AN ORDINANCE SETTING AND ESTABLISHING SPEED LIMITS FOR U. S. HIGHWAY 30 SOUTH OF DAVIS STREET TO THE CORPORATE LIMITS WITHIN THE CITY OF BLAIR, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Department of Roads of the State of Nebraska.. has conducted field studies and speed test runs on U. S. Highway 30 South of Davis Street to the corporate limits within the City of Blair, Nebraska, and, WHEREAS, said field studies and speed test runs were conducted at the request of the City of Blair for the purpose of establishing reduced speed limits on U. S. Highway 30 South from Davis Street to the corporate limits in the City of Blair, Nebraska, and, WHEREAS, the public safety and welfare of the citizens of Blair, Nebraska, those traveling on said section of U. S. Highway 30 necessitates a reduction in current speed limits existing on said section of U. S. Highway 30, and WHEREAS, the State of Nebraska requires an ordinance to be passed by the Mayor and City Council of the City of Blair, Nebraska, setting and accepting the reduced speed limits as proposed by the State of Nebraska. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the maximum speed limit on U. S. Highway from. 30 Clark Street south to the municipal corporate limits of the City of Blair, Nebraska, is hereby set and established at forty - five (45) miles per hour. BE IT FURTHER ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the maximum speed limit on U. S. Highway 30 from Clark Street to Davis Street, in the City of Blair, WYMAN E. NELSON, Attorney at law 1645 Front Street Blair, Nebraska 68008 (402) 42 6-6128 Nebraska, -is hereby set and established at thirty-five (35) miles per hour. BE IT FURTHER ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City Clerk is hereby authorized and directed following passage of this ordinance to forward copies of it to the Department of Roads of the State of Nebraska. All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 8th day of necember, 1981. ATTEST: AO 1 4 VERNA R. BULL, Cty Clerk ERNA B. BULL, City Clerk WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 Z422ee4C M. STANLEY JENSDP, Wiyor STATE OF NEBRASKA 1 Iss WASHINGTON COUNTY ) VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of Blair, Nebraska, and that the above and foregoing' Ordinance was passed at a regular meeting of the Mayor and City Council of said' City held on the •8th day of December, 1981. AN ORDINANCE AMENDING SECTION 10 -1802 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, PROVIDING FOR AN OCCUPATION TAX ON PINBALL MACHINES, ELECTRONIC GAMES AND ANY OTHER COIN OR TOKEN AMUSEMENT GAMES, IN ADDITION TO THE PRESENT OCCUPATION TAXES EXISTING IN THE CITY OF BLAIR, SETTING THE FEE FOR SAID OCCUPATION TAX ON PINBALL MACHINES, ELECTRONIC GAMES AND OTHER COIN OR TOKEN AMUSEMENT GAMES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS. ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. HE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: That Section 10 -1802 should be amended so as to add an additional occupation tax on pinball machines, electronic games and other coin or token amusement games; and further providing for the establishment of the annual occupation tax thereon, which is hereby established at the rate of $25.00 per year for the first machine or game device at each location and $10 for each subsequent machine or game devise per year at the same location. All ordinances or parts of ordinances in conflict herewith are hereby repealed: This ordinance shall' be in force and take full effect from and after its passage, approval and publication as provided by law. Passed and approved this 8`th day of December, 1981. ATTEST: VERNA R. BULL, City Clerk STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ORDINANCE NO. 1317 M. STANLEY JE78EN M ayor VERNA R. BULL hereby certifies that she is the duly appointed, qualified and acting City Clerk of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 8th day of December, 1981. VERNA R. BULL, City Clerk WYMAN E. NELSON, Attorney at Law 1645 Front Street S1air, Nebraska 68008 (402) 426 -5123