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1982ORDINANCE NO. 1318 AN ORDINANCE AMENDING SECTION 6 -330 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, DELETING PROVISIONS FOR IMPOUNDMENT OF VEHICLES FOLLOWING ARREST AND RELEASE PROVIDING THEREFORE; REPEALING ALL 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 MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: 1. That Section 6 -330 should be amended as follows: MISDEMEANORS; MINOR; ALCOHOLIC LIQUOR; SELLING OR DISPENSING POSSESSION; UNLAWFUL; VIOLATION. No minor may sell or dispense or have in his possession or physical control any alcoholic liquor in any tavern or in any other place including public streets, alleys, roads,, highways, upon property owned by the State of Nebraska or any owned by the Municipality thereof, or inside any vehicle while in or in any other place including, but not limited to the public streets, alleys, roads, highways, or upon any property owned by the Municipality, except that a minor may possess or have physical control of any alcoholic liquor in his permanent place of residence. 2. That portion of the existing Section 6 -330 of the Municipal Code of the City of Blair not included.hereinabove is specifically repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.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. ATTEST; Passed and approved this 12th day of January, 1982. VERNA R. BULL, A Clerk STATE OF NEBRASKA ) ). :ss: WASHINGTON COUNTY Z 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 WYMAN E. NELSON, Attorney at Law 1645 trout Street glair, Nebraska 68008 (402) 426-5123 regular meeting of the Mayor and City Council of said City held on the 12th day of January, 1982. VERNA R. BULL, Y C� Clerk WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 66008 (402) 426-5123 ORDINANCE NO. 131.9 AN ORDINANCE CREATING SECTIONS: 5-425, 5-426, 5-427, 5-428, 5-429, 5-430, 5-431, 5-43Z 5-433, 5-434, 5-43.5, 5-436 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, PROVIDING FOR RESTRICTED PARKING IN PRIVATE LOTS; THE ISSUANCE OF CITATIONS FOR VIOLATION .OF PARKING PRO- VISIONS: AND FURTHER PROVIDING FOR TOWING OF SAID VEHICLES: LIABILITY THEREFORE OR FOR DAMAGES OCCURING THEREBY; PROVIDING FOR LIENS ON VEHICLES TOWED UNDER THESE SECTIONS; :PROVIDING FOR WRITTEN STATEMENTS BY THE TOWER OF SAID VEHICLES; AND FURTHER PROVIDING FOR FOR PERSONS TOWING MOTOR VEHICLES TO ASCERTAIN OWNERS OR TENANTS OF LOTS; AND FURTHER PROVIDING FOR LIMITATIONS OF COMPENSATIONS THEREFORE; REPEALING ALL 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 MAYOR AND CITY 'COUNCIL OF THE CITY OF BLAIR, NEBRASKA: That Sections 5-425, 5-426, 5-427, 5-428, 5-429, 5-430, 5-431, 5-432, 5-433, 5-434, 5-435, 5-436 are hereby created to read as follows: ..Section: 5-425 RESTRICTED-PARKING LOT; MOTOR VEHICLES TOWED AWAY; WHEN. Motor vehicles parked in a .restricted parking lot without the consent of the owner. or tenant shall be subject to being towed away, if thelot is properly posted. Section: 5-426 RESTRICTED PARKING LOTS1.UNAUTHORIaED PARKING PROHIBITED; TOWING; VIOLATION; PENALTY. Any'person parking a motor vehicle in a properly posted, restricted parking lot : without the consent of the owner or tenant authorized to give permiSsion shall- be guilty of an and the'vehicle , - shall be.subject to being towed away at the request of such lot . owner or :tenant, Any person found guilty under this section shall be subject to the penalties provided in section' 29-436 R.R.S. Nebraska 1943 for infractions. If the identity of the operator of a motor Vehicle in uiolation of this Section cannot be determined, the owner or Person in whose name such vehicle is registered shall be held prima facie responsible for such infraction. When any police officer observes or is advised 'that a motor vehicle may be in violation of this section, he or she shall make a determination as to-whether a violation has in fact occurred and if so shall personally serve or attach to Such motor vehicle a citation pursuant to the provision of section 29-424 R.R.S..Nebtaska 1943 directed to the owner or Operator of such vehicle, which shall set forth the nature of the viol Any WD/IAN E. NELSON, Attorney at Law 1645 Front StrOet Blair, Nebraska 68008 (402) 426-5123 person who refuses to sign the citation. or otherwise comply . with the command of the citation shall be punished as.provided by section 29 -426 R.R.S. Nebraska 1943. Section: 5 -427 RESTRICTED PARKING LOT;. SIGNS DESIGNATING. Signs designating a. restricted parking' lot shall be readily visible, and shall state the purpose or purposes for parking on the restricted parking lot, state.the hours for restricted parking, axed state who to contact for information regarding a.towed vehicle. .Section: 5 -425 MOTOR VEHICLE: TOWED. AWAY; NOTIFICATION TO LOCAL LAW ENFORCEMENT AGENCY; RENOTIFICATION. Anyone towing a motor vehicle away pursuant to sections 5 -425 to 5-436 shall notify the local law enforcement agency within twenty -four hours of the license number of the motor vehicle. Anyone towing a motor vehicle away pursuant to sections, 5-425 to 3 -436 . and holding the motor vehicle for more than twenty -nine days shall on the thirtieth day, renotify the local law enforcement agency of the motor vehicle's license number for the purpose of ascertain- ing whether the motor vehicle has been reported stolen or missing. Such renotification shall be repeated each thirty days while the motor vehicle is held by the tower or until such time as the tower has placed a lien on the motor vehicle as provided by section 5 -430. Section: 5 -429 MOTOR VEHICLE TOWED AWAY; SUBJECT TO LIEN; WHEN. A motor vehicle towed away under sections 5-425 to 5 -436, which is not claimed by the owner within one hundred eighty days after towing, is subject to liens by the person who towed the vehicle under Chapter 52, article 6 R.R.S. Nebraska 1943. Section: 5 -430 MOTOR VEHICLE TOWED AWAY; PROPERLY PARKED; LIABILITY. Any owner or tenant causing the towing away WYMAN F. NELSON, Attorney at La* 1645 Front Street Blair, Nebraska 68008 {402) 4264123 of a motor vehicle that is not improperly parked pn a restricted lot shall cause the return of the motor vehicle to its owner or driver at no charge to such owner or driver. The person causing the motor vehicle to be towed shall be liable for any reasonably foreseeable damage incurred by the owner or driver of the motor vehicle due to loss of transportation. Section 5-431 MOTOR VEHICLE,TOWED AWAY; LIABILITY FOR REASONABLY FORESEEABLE DAMAGES. Anyone towing aWay a motor vehicle pursuant to sections 5-425 to 5-436 shall be liable for any reasonably foreseeable 'damages to the motor vehicle that occur duing the hookup, towing, or disengagement of the motor vehicle to or from the towing vehicle and anyone storing such a towed motor vehicle shall be liable for any reasonably foreseeable . damage to the motor vehicle and the personal contents therein during the storage period. Section 5-432 MOTOR VEHICLE; FULL POSSESSION OF TOWING VEHICLE; WHEN; EFFECT Anyone attempting to tow away a motor vehicle pursuant to sections 5-425 to 5-436 shall not be in full possession of the motor vehicle to be towed until the motor vehicle has been fully and completely attached to his or her towing vehicle. The tower shall, upon request of the owner or driver of the motor vehicle to be towed, disengage the towing apparatus at any time prior to taking full possession, as defined in this section, of the motor vehicle. Section 5-433 OWNER OR DRIVER; GIVEN WRITTEN STATEMENT BY TOWER; CONTENTS The owner or driver of any motor vehicle towed away pursuant to sections 5-425 to 5-436 shall, Upon regaining possession of the motor vehicle from the tower, be given a written statement by the tower fully detailing: ()y The name and address of the person or persons who caused the vehicle to be towed; (2) under what statutory authority the vehicle was towed; and (3) his or her rights under sections 5-425 to 5-435. WYMAN E. NELSON, Attorney at Law 1645 Eront Street glair, Nebraska 68(X18 (402) 426-5128 Section 5-434 PERSON TOWING MOTOR VEHICLE; ASCERTAIN OWNER OR TENANT OF LOT. Anyone towing a motor vehicle pursuant to sections 5-425 to 5-436 . ..3hall.take reasonable steps-to ascertain that the person causing the motor vehicle, to be towed is .the Owner or tenantOf:the lot fromswhich the-motor vehiCleis to be towed. Section 5-435 OWNER TOWED MOTOR VEHICLE; LIABLE FOR TOWING AND STORAGE FEES. The -owner of any motor vehicle towed or stored_pursuant to Sections 5-425 to5-436shall be liable for any towing and storage fees incurred but neither the motor vehicle nor the contents therein shall .be subject to any storage or towing. lien except as proVided section 5-4a0. Section 5-436, 'OWNER OR TENANT OF LOT; SOLICIT OR ACCEPT COMPENSATION FROM.:TOWER; PROHIBITED. Any owner or tenant causing the towing away of a motor vehicle shall not solicit or accept therefor-a commission, gift, gratuity, or any form of • compensation or wealth.from the person or business towing away te motor vehicle. II. All ordinances'or parts of ordinances in conflict herewith are hereby repealed, III. This ordinance.shall.be in force and take - full effect from and afterits passage, appkoVal and publication as provided by law. ATTEST: Passed and approved this 12th day of January, 1982.. VE NA Rs BULL, City Clerk STATE OF NEBRASKA ) :se: 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 izth day of January, 1982. VENR BULL.,t ' J Cleik WYMAN B. NBLSON, Attorney at Law ° kront'strea Blair Nebraska 68008 • (402) 426-6123 • AN ORDINANCE AMENDING THE ZONING REGULATIONS'. OF THE CITY OF BLAIR, NEBRASKA, CREATING SECTION 1406., AND SPECIFICALLY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN .CONFLICT THEREWITH; AND FURTHER 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; I. That the Zoning Regulations of the City of Blair are hereby amended to create Section 1406 which shall read as follows: 1. SECTION 1406, CONTINUATION OF CONTINUE CONDITIONAL USE PERMITS MADE A NONCONFORMING USE BY THESE ZONING REGULATIONS. The City Council pursuant to the conditional use application pro- visions herein may in its sole and absolute descretion grant _. :a. renewal of an existing special use permit which may be nonconforming as a result of the changes made by the zoning regulations adopted herein. Said right to apply for a renewal of said application shall terminate upon discontinuation of the use for a period of forty -five (45) days or longer and shall not extend to anyone other than the present holder of the permit. Said City Council shall be bound by the rules and the regulations for issuance of conditional use permits and shall not be obligated to renew the conditional use permit notwithstanding the factj_ the :applicant may -ha.ue ,:a right to regsest, renewal. 11. All ordinances or parts thereof`in:conflict herewith are hereby repealed. III. 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 26th day of January, 1982. 7444,1 VERNA R. BULL, City Clerk ORDINANCE NO. 1320 M. STANLEY JENN,OMa.yor STATE OF NEBRASKA VERNA R. BULL hereby certifies that :ss: she is the duly a ointed qualified WASHINGTON COUNTY ) and acting City Clerk of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a WYMAN E. NELSON, Attorney at Law 1645 >! ront'Street Blair, Nebraska 68008 (402) 426 -5123 regular meeting of the Mayor and City Council of said City held on the 26 thday of .January; 1982.. VERNA R. BULL, City Clerk WYMAN E. NELSON, Attorney at Law 1645 Prorit'utteet Flair, Nelitaska 68008 (402) 426 -5123 ORDINANCE NO. 1321 AN ORDINANCE AMENDING SECTION 705 OF THE SUBDIVISION REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, AS PERTAINS TO LOT-SPLITS; RE- PEALING SAID SECTION AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AS PRESENTLY EXISTS; 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 Section 705 of the Subdivision Regulations of the City of Blair, is hereby amended to read as follows: SECTION 705. LOT SPLIT: An existing platted lot, of sufficient size, may be divided into no more than two (2) lots, upon recommendation of the Planning Commission and approval of the City Council. Upon approval of the lot split, the sub - divider, developer or owner shall comply with these minimum sub- division requirements. Requests for lot split approval shall be made by the owner of the land to the City Administrator. Four (4) copies of a drawing to scale of lots involved if there are not structures thereon or if structures are located on any part of the lot being split, four (4) copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the appli- cation. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within 100 feet of the property proposed to be split. Such owners shall have ten (10) days from the date of notification to notify the City Administrator of any protests they may have concerning the lot - split. The ten (10) days wiating period may be waived upon submission in writing of statements from those, to be notified that they have no objection to the proposed lot split. Approval or disapproval of lot splits shall be made based on the following guidelines in•which: (a) No lot split shall be approved if: (1) A New street or alley is needed or proposed. (2) A vacation of streets, alleys, setback lines, access control of easements is required or proposed. (3) If such action will result in significant increases in service requirements, utilities, schools, traffic control, streets, etc.; or will interfere with maintaining existing service levels, additional repaving etc. (4) There is less street right -of -way than required by . these regulations or the comprehensive plan unless such dedication can be made by separate instrument. (5) All easement requirements have not been satisfied. (6) If such split results in a tract without direct access to a street, only in.the specific case where the split results in land locked lots, and ecifically exempting any tracts upon which no construction of either a residence or other structure can be made. (7) A substandard sized lot or:parcel`wi.11 be created as determined by the existing zoing. (b) The Planning Commission may make such additional requirements deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right -of -way and easements, and submission of convenants for the protection of other landowners in the original subdivision. (c) The Planning Commission shall, in writing, either approve with or without conditions or disapprove the lot split within three (3) days of application. If approved, and after all conditions have been met, the chairman of the planning commission shall WYMAN E. NELSON, Attorney at Law 1645 Front Street $lair, Nebraska 68008 (402) .426&6123 sign and furnish as certificate of approval to be affixed to the lot - split survey. (d) The .lot split survey shall. then be submitted to the City Council for appropriate action. (e) Following approval by the Planning Commission and the City Council, 'one .copy of the survey bearing the signatures of the chairman of the Planning Commission and the Mayor indi- cating Planning Commission and. Council approval shall be filed by the City Clerk in the office of the .Washington County Clerk, ex-officio Register of Deeds. II. SECTION 705 of the sub-division regulation of the City of. Blair, is hereby specifically repealed as it presently exists and all other ordinances or parts of ordinances in conflict here- with are hereby III. This ordinance shall be in full force and effect after its passage, approval and publication as.proveded bylaw. Passed and approved this 26thday of January, 1982. ATTEST: VERNA R BULL City Clerk STATE OP NEBRASKA WASHINGTON COUNTY ) :ss: ) Q4' M. STANLEY JENS eiyor • O 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 " . 26th day of January, 1982. VERNA 'R. BULL, C tyClerk WYMAN' B. NBLSON, Attorney at Law 164 front Street . Blair, Nebraska 68008 '(402) 4264123 ORDINANCE NO. 1322 AN ORDINANCE ESTABLISHING REGULATIONS AND RESTRICTIONS RELATING TO THEISSUANCE OF PRIVATE WELL PERMITS, PROHIBITING' CROSS- CONNECTIONS, PROVIDING FOR INSPECTION AND HEALTH STANDARDS, PRO- VIDING FOR DISCONTINUANCE AND PROHIBITION OF USE OF WELLS DRILLED WITHIN THE CITY OF BLAIR, PROVIDING FOR PENALTIES FOR VIOLATION OF PROVISIONS OF THIS ORDINANCE, REPEALING ALL OR PORTIONS OF SECTIONS 4 -202 AND 4 -203 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, AND PROVIDING FOR 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: SECTION 1. PLUMBING; WELL PERMIT. It shall be unlawful for any person, persons, entity or corporation to dig, drill or construct a well within the municipal limits of the City "of Blair, Nebraska, without first having obtained a permit therefore from said city. The application for said private wells shall be. obtained from the City Clerk of the City of Blair, Nebraska., and shall set forth the location of the proposed well,' the intended use Of the water to be derived therefrom, the depth of the proposed well; the size and_type or nature of casing to be installed• :in .said:well., a discription of the pumping equipment to be utilized in said Well, the name and address of the individual to drill the well, and any other pertinent information as required by the City Clerk or the Utilities Commissioner of said City. Said application shall Joe accompanied with an application fee as set and determined by the City Council and which fee shall be nonrefundable in the event the application is denied. The provisions hereof shall also apply to the drilling of any test wells within the municipal limits of the City of Blair. SECTION 2. PRIVATE WELLS, LOCATION AND USAGE. No well shall be drilled within the City of Blair, Nebraska, which said well would be located within twenty -five (25) feet from any private or public sewer line, within twenty -five (25) feet of any water line, whether private or public, within fifty (50) feet of any septic tank, nor within one hundred (100) feet of any disposal field or lateral system. SECTION 3. PRIVATE WELLS, CROSS - CONNECTIONS PROHIBITED. No cross - connections between a private well plumbing system and the municipal water system, or the municipal sewer system, of the City of Blair shall be allowed or made by any person, persons, corporation, Or any other entity. The Utility Commissioner WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426-5123 - u. of the City of Blair, Nebraska, and the Building Inspector of the City of Blair, Nebraska, shall inspect the drilling and instal- lation of the plumbing system in any private well to determine that no cross- connections exist. In the event a cross- connection is found to exist, the use of said private well shall be permanently discontinued and the owner, tenants, or lessee of the premises shall be liable for any and all damages to the City water system and the users thereof as a result of the cross - connection. SECTION 4. PRIVATE WELLS, SPECIFICATIONS AND DENIAL OF PERMIT APPLICATIONS, The City Council shall have the power and authority to refuse the issuance of any well drilling permits if the plan submitted therewith shows an improper construction or in the event the proposed well driller does not have proper equipment or if it appears that such well may endanger, impair, or in any way inter- fere with the municipal water system of the City of Blair, Nebraska. SECTION 5. PRIVATE WELLS, USAGE. Permits shall be issued for the drilling of private wells where the use of the water is to be in water circulating heat pumps and irrigation purposes for _lawns and gardens and no other uses shall be permitted or allowed. No water derived from private wells shall be allowed to utilize or alter either the surface or underground municipal storm sewer system or the muni- cipal sanitary sewer system. SECTION 6. PRIVATE WELLS, REGISTRATION. All private water wells within the municipal limits of the City of Blair, Nebraska, shall be registered with the City Clerk within sixty (60) days following the passage of this ordinance. The registration of said existing private water wells shall be in writing and shall set forth the location of the well, the use of the wateb from the well, the depth of the well, the size and nature and type of casing installed in the well, and a description of the pumpithgg equipment used in said well. No private water well whether existing or drilled after the passage of this ordinance may be modified in any manner without application for a well permit as set forth in this ordinance and compliance with all other terms hereof. SECTION 7. PRIVATE WELLS, CANCELLATION OF PERMIT. The City Council of the City of Blair, Nebraska, may order the discon- tinuance of the use of any private water well where it has good WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426-5123 cause and reason to believe that the public health and welfare is endangered by use of said well. After notice to the owner of said well by registered or certified mail, return receipt requested, which said notice shall be sent to the owner no less than ten (10) days prior to a hearing, the City Council may hold a hearing for the purpose of determining whether said permit should be cancelled or revoked. Such permit or renewal thereof may be revoked or cancelled by the City upon any violation of the terms and provisions of this ordinance by the permitee or any of his successors. SECTION 8. PRIVATE WELLS, PERMISSION TO ENTER UPON PREMISES. The granting of a well permit or the renewal thereof by the City of Blair and the acceptance thereof by the drilling of a well on the permitee's premises shall constitute consent by said permitee for the Utilities Commissioner or any of his agents or employees to enter upon the premises upon which the well is located in order to take any action required by this ordinance or in order to determine the existing of any violation under this ordinance. SECTION 9. SECTION 4 -203 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR IS HEREBY AMENDED AS FOLLOWS: PERMITS; CONDITION PRECEDENT. No permit as required by Section 4 -201 shall be issued unless the applicant or applicants therefore have, prior to the making of said application, a permit or certificate of compliance issued by the State of Nebraska for the construction of same. SECTION 10. Section 4 -202 of the Municipal Code of the City of Blair and Section 4 -203 as it pertains to Section 4 -202 of the Municipal Code of the City of Blair are hereby specifically repealed with all ordinances or parts of ordinances in conflict herewith. SECTION 11. NONCOMPLIANCE WITH TERMS AND PROVISIONS HEREOF. In the event of noncompliance with any of the terms of this ordinance, the person, persons, or entity in noncompliance herewith, the City of. Blair shall have the right to prohibit the use of said wells which are constructed in noncompliance herewith, which are being used for purposes other than those allowed herein, or for existing wells where no registration has been made in compliance herewith. This remedy shall be in addition to any and all other remedies contained herein or which the City of Blair has WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426 -6128 by law and this section shall not be a limitation or restriction on any additional remedies or tights of said All ordinances or parts of ordinances in conflict here- with 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. ATTEST: STATE OF NEBRASKA WASHINGTON COUNTY 21 mt day of February, 1982. Passed and approved this Za:7,7,t) VERNA R. BULL, -City Clerk :SS: M. STANLEY JEVEN(/ MAYOR 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 23rd day of February 1982. ) —/ VERNA R. BULL City C erk WYMAN NELSON, Attorney at Law • 18415. Preet Street Blair, Nebraska 68008 (402) 4264123 ATTEST: ef /1i7241 VERNA R. BULL, CITY CLERK (SEAL) ORDINANCE NO. 1323 AN ORDINANCE FIXING, SPECIFYING AND .SETTING RATE CHARGES, AVAILABILITY AND SERVICE SPECIFICATIONS TO CUSTOMERS OF THE MUNICIPAL ELECTRICAL SYSTEM 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: SECTION 1. That the rate charges, availability and service specifications to customers of the municipal electrical system of the City of Blair, Nebraska, be fixed, specified and set according to the terms and specifications of a Resolution passed by the Board of Public Works on March 8th , 1982, a copy of said Resolution is attached hereto marked Exhibit "A" and by this reference made a part hereof, and that all terms and speci- fications 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'9th day of March, 1982. M. STANLEY JEN STATE OF NEBRASKA ) :ss: VERNA R. BULL hereby certifies that WASHINGTON COUNTY ) she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council held on the 9th day of March • , 1982. VERNA R. BULB,, City Clerk W'YMAN E. NELSON, Attorhey at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 BOARDMEMBER • Chapman INTRODUCED THE,FpLLOWINQ RESOLUTION::: . BOARD OF PUBLICVORKS RESOLUTION ND, 1982 BE IT RESOLVED BY HOARD OF PUBLICI4ORKS 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 varioust4PeS.of customer usage and service be fixed : and set by the adoption.of the general service a nd fif 6 "FWC - riicin 7 i '—*** f or general service and residential service allasset forth on Exhibits 1. and 2 respectively attached hereto and by this reference made a part.hereof. BE. IT 'RESOLVED that, the general service rates, residential service rates, and electrio service regulations as set forth on Exhibits 1 and 2 -hereto shall be the sole criteria for the determination'and of rates for electric power to the customers of the'munioipal electric power pant 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 RESQLVED that the classifications and terms hereinbefore fixed shall be and go into effect with the meter readings made for the billing period April 1, 1982, to May 1; 1982, which, will be billed to the consuMer on or about June 1, 1982. BOARDMEMBER 'Wright MOVED THAT . TH.E R E SOL UT I ON . BE i ADOPTED AS READ, WHICH SAID MOTION 'WAS • SECONDED BY BOARDMEMBER Andrews - , . • - UP - ON ROLL CALL, BOARDMEMBERS — ChitimirirMigiht; 7 "AriffEirsT - RrelTiti and Rhoades . VOTING "AYE" AND BOARDMEMBERS. . VOTING , "NAY" THE CHAIRMAN DECLARED THE E FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8th DAY OF MARCH , 19 82 .* ATTEST: RMIT NDREWS, SECRETARY • r WYMAN E. NELSON, Attornay Law . 1145 Front " fo; t " 4111 or: HILTON:RHOADES, CHAIR • - . 11141r, Nebrai1eit 068 002) 426-5123 • _ . BOARD OF PUBLIC WORKS CITY OF BLAIR GENERAL SERVICE REGULATIONS AND SPECIFICATIONS: 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. DETERMINATION OF BILLING DEMAND: Demand for any billing period, shall be the kilowatts, as shownby or computed from the readings of the City's demand meter, for the 30- minute period of the general service 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: RESIDENTIAL SERVICE REGULATIONS AND SPECIFICATIONS: 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. A building served through one meter which can be occupied as a residence by two or more with each family unit having separate cooking facilities shall be subject to the General Service Schedule and is not included under the Residential Service Rates. 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 motors 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 fluctuati.ons. Not applicable to standby, breakdown, emergency, supplementary, shared or resale service. REGULATIONS AND SPECIFICATIONS APPLICABLE TO BOTH GENERAL SERVICE AND RESIDENTIAL 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 as established from time to time by the Board of Public Works and the Mayor and City Council of the City of Blair plus 15 percent of that amount added thereto. A production adder may be added, at .the option of the Board of .EXHIBIT 1, PAGE 1 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 wholesale cost of electricity and carried to the nearest one mill. The summer rate shall apply to billing periods for usage in June through September and winter rates shall apply to billing periods for usage in October through May. 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. 1ECON.NECTION CHARGE: If a consumer whose service has been disconnected has such service reconnected at the same location within 12 months of such disconnection, the consumer shall be charged a reconnection charge equal to the minimum charge for the location multiplied by the number of months the location. was disconnected. • 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. E XHIBIT 1 , PAGE 2 BOARD OF PUBLIc woRKS GITY oF WATR GENERAL SERVICE AND RESIDENTIAL SERVICE RATES: GROSS MONTHLY BILL: Each customer either general service or residential 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 respective Net Monthly Rate set forth hereinbelow plus 15 percent of that amount added thereto. GENERAL SERVICE NET MONTHLY. RATES: NET MONTHLY RATE: Summer $6.25 for the first 20 kilowatt-hours 7.6 cents per kilowatt-hour for the next 80 kilowatt- hours 6.9 cents per kilowatt,-hour for the next 900 kilowatt- hours 5.3 cents per kilowatt-hour for the next 6500 kilowatt- hours 5.3 cents per kilowatt-hour for the next 70 kilo-watt- hours per kilowatt of billing demand 3.8 cents per kilowatt-hour for the 'next 200 kiloWatt- hours per kilowatt of billing demand 2.7 cents per kilowatt-hour for ail additional kilowatt- hours Winter $6.25 for the first 20 kilowatt-hours 6.2 cents per kilowatt-hour for the next 980 kilowatt- hours 5.2 cents per kilowatt-hour for the next 6500 kilowatt- hours 5.2 cents per kilowatt-hour for 'the next 70 kilowatt- hours per kilowatt of billing demand 3.6 cents per kilowatt-hour for the next 200 kilowatt- hours per kilowatt of billing demand 2.6 cents per kilowatt-hours for all additional kilowatt-hours. Minimum billing for general service customers shall be 46.25, but not less than $2.10 per kilowatt of billing demand, per month or any part thereof. 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 general service 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. EXHIBIT 2, PAGE 1 RESIDENTIAL SERVICE NET MONTHLY RATES NET MONTHLY RATE: Summer $5.75 for the first 20 kilowatt hours 5.4 cents per kilowatt-hour for the next 630 kilowatt- hours 4.3 cents per kilowatt=hour for the next 850 kilowatt- hours 3.6 cents per kilowatt-hour for all over 1,500 kilowatt- hours. Winter $5.75 for the first 20 kilowatt-hours 5.4 cents per kilowatt-hour for the next 230 kilowatt- hours 3.8 cents per kilowatt-hour for the next 650 kilowatt- hours 3.1 cents per kilowatt-hour for all over 900 kilowatt- hours. The minimum bill for any residential service customer shall be $5.75. EXHIBIT 2, PAGE 2 ORDINANCE N0. 1324, AN ORDINANCE AMENDING SECTIONS 3-215, 10- 1502, 10 -404, 10- 1503 10 -1403, 9-107, 10 1204, 10-1501, 10- 1304,. '10- 1.504, 10 -504, AND SECTION 402.02 OF THE SUBD.IV.ISION REGULATIONS OF THE CITY OF BLAIR, AND SECTION 1402 THE ZONING REGULATIONS OF THE CITY OF BLAIR, CREATING SECTIONS 3- 215.01, 3-215.02, 10- 1501.01, 10 -402, AND 10 -1407; REPEALING IN EITHER IN THEIR ENTIRETY OR PARTIALLY AS AMENDED BY THIS ORDINANCE SECTION 3-215, 10 -1502, 10 -404, 10- 1503, 10 -1403, 9 -107, 10 -1204, 10- 1501, 10 -1034, 10 -1504, 10 -504, AND SECTION 1402 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, AND SECTION 402.02 OF THE SUBDIVISION REGULATIONS OF THE CITY OF BLAIR, GENERALLY PROVIDING FOR THE ESTABLISHMENT AND SETTING OF FEES FOR THE VARIOUS PERMITS, LICENSES, AND APPLICATIONS OF THE CITY OF BLAIR, ESTABLISHING AND CREATING APPENDICES TO THE MUNICIPAL CODE OF THE CITY OF BLAIR SETTING FORTH AND DISPLAYING THE AMOUNTS AND RATES OF THE VARIOUS FEES FOR PERMITS, LICENSES, AND APPLICATIONS; ESTABLISHING THE METHOD AND MANNER FOR SETTING ELECTRICAL SERVICE REGULATIONS AND ELECTRICAL RATES FOR THE CUSTOMERS OF THE MUNICIPAL ELECTRICAL SYSTEM OF THE CITY OF BLAIR, NEBRASKA; AND FURTHER ESTABLISHING AND CREATING APPENDICES FOR SAID ELECTRICAL SERVICE REGULATIONS AND RATES; AND FURTHER 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: SECTION 1. Section 3- 215.01 of the Municipal Code of the City of Blair, Nebraska, is hereby established to read as follows: MUNICIPAL ELECTRICAL SYSTEM: ESTABLISHMENT OF CLASSIFICATION OF THE VARIOUS TYPE OF CUSTOMER USAGE AND SERVICE AND OF REGULATIONS AND SPECIFICATIONS CONNECTED THEREWITH. The City Council of the City of Blair shall establish service regulations and specifications of the municipal electrical system of the City of Blair, Nebraska, from time to time as it may deem necessary by Resolution, and said service regulations and specifications including availability of service., the various types of consumer usage and service, and the criteria for the determination and setting of said regulations shall be appended to the Municipal Code of the City of Blair by an appendix designated by the title, "Electrical General Service and Residential Service: Regulations and Specifications." SECTION 2. Section 3- 215.02 of the Municipal Code of the City of Blair is hereby established to read as follows: MUNICIPAL ELECTRICAL SYSTEM: ESTABLISHMENT OF RATES FOR CUSTOMER USAGE. The City Council of the City of Blair, Nebraska, shall from time to time as necessary 'set and establish the usage rates for the 'customers., either general service or residential service, of the City of Blair., Nebraska, by Resolution. And said electrical rates shall be appended to the Municipal Code of the City. of Blair by an appendix designated WYMAN'E, NELSON, Attorney at taw 1646 Front Street Blair, Nebraska 68008 (402) 426-5123 "General Service and Residential Service: Electrical Usage Rates." SECTION 3.. Section 10 -1403 of the Municipal Code of the City of Blair, is hereby amended to read as follows: LICENSE; FEE; TERM, _.ISSUANCE. Every application for such construction shall 'be referred to a licensing board consisting of the City Administrator, the City Utility Commissioner and one other person appointed by the Mayor and confirmed by the Council, for investigation. If a majority of such licensing board shall consider that the applicant is competent to carry on the business described in the application, such application shall be approved and a license issued the applicant by the City Clerk specifying the type of construction work to be done, which license shall be for the remainder of the calendar year in which same is issued. Prior to the issuance of said license the applicant shall pay a license fee which shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and said fee appended to the Municipal Code of the City of Blair as part of an appendix designated by the title "Permit, License, and Application Fees." Said license fee shall be paid to the City Clerk for the use of the general fund of the City. SECTION 4. Section 10 -1501 of the Municipal Code of the City of Blair, is hereby amended to read as follows: PLUMBING INSPECTION FEES. The contractor, master plumber or other person having charge of any construction, repair, or installation shall pay a fee for the inspection of the rough in of any of said construction, repair or installation and shall also pay a fee for the final inspection of construction, repair or installation. Said fees shall be paid prior to said inspection to the City Clerk of the City of Blair, for the use of the City general fund. The amount of said fee for the rough in inspection and finial inspection shall be and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and said fee shall be appended to the Municipal Code of the City of Blair, Nebraska, as part of an appendix titled "Permit, License, and Application Fees." Whenever any building or structure is initially connected to the City sanitary sewer system or water system a fee shall be paid to the City Clerk, for the use of the City general fund prior to the initial connection. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and said fee shall be appended to the Municipal Code of the City of Blair as part of an appendix titled, "Permit, License, and Application Fees." Whenever a new connection is made. to the mains WYMANE. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -6123 of the City sanitary . sewer system, a fee shall be paid to the City Clerk for the use of the sewer maintenance fund and there shall be credited on such payment any unused sum paid for sewer outlet charge previously paid on the property where such connection is made.. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and. Application Fees." SECTION 5. Section 10- 1501.01 of the Municipal Code of the City of Blair, is hereby established to read as follows: HEATING INSPECTION FEES: The contractor, master plumber or other person having charge of any construction, repair, or installation shall pay a fee for the inspection of the rough in of any said construction, repair or installation and shall also pay a fee for the final inspection of construction, repair or installation. Said fee shall be paid prior to said inspection to the City Clerk of the City of Blair, for the use of the City general fund. The amount of said fee for the rough in inspection and final inspection shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount of said fee shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees." SECTION 6. Section 10 -1502 of the'Munic.ipal Code of the City of Blair, is hereby amended to read as follows: ELECTRIC INSPECTION FEES. The contractor, master electrician or other person having charge of any construction repair or installation of any electrical work within the City of Blair, shall pay prior to said inspection a fee to the City Clerk, for the use of the City general fund for each inspection of . rough in construction, repair or installation and a fee for the final inspection of the construction, repair or installation. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount of said fee shall be appended to the Municipal Code as part of an appendix titled, "Permit, License, and Application Fees." SECTION 7. Section 10 -1503 of the Municipal Code of the City of Blair is hereby amended to read as follows: AIR CONDITIONING INSPECTION. The contractor, master plumber, electrician or other person having charge of any installation of central air conditioning equipment shall pay a fee to the City Clerk for the use of the City general fund, before any such installation is made. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount WYMAN E. NELSON, Attorney at Law 1646 Pront'Street Blair, Nebraska 68006 (402) 4264123 of said fee shall be appended to the Municipal Code as part of an appendix titled, "Permit, License, and Application, Fees." SECTION 8. Section 10 -1504 of the Municipal Code of the City of Blair is hereby. amended to read as follows: SPECIAL INSPECTION FEES. If any person, firm or corporation shall have actually commenced any work of construction, repair; improvement,: or installation without first obtaining a permit therefor, an additional permit fee in an amount equal to double the initial permit fee shall be paid by such person, firm, or corporation, to the City Clerk for use of the City general fund, in addition to any other fees for permits required by resolution or ordinance for the inspection of such work so done without permit. Such special inspection fees shall be paid forthwith upon demand of. the City Administrator. SECTION 9. Section 10 -1204 of the Municipal Code of the City of Blair is :hereby amended to read as follows: LICENSES; FEES, TERM,-ISSUANCE. The licenses shall be issued by the City Clerk for the remainder of the current year, upon direction of the licensing board and upon payment to the City Clerk, for use of the general fund, a license fee.which said license fees for master plumbers, journeyman plumbers, drain layers, master heating, heating workers, gas fitters, oil fitters, water treatment and helpers licenses shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount of said license fees shall be appended to the Municipal Code.as part of an appendix titled "Permit, License, and Application Fees." SECTION 10. Section 10 -1304 of the Municipal Code of the City of Blair is hereby amended to read as follows: LICENSES; FEES, TERM, ISSUANCE. The licenses shall be issued by the City Clerk for the remainder of the current calendar year, upon direction of the licensing board and upon payment to the City Clerk, for the use of the general fund of the City, a license fee for master electricians, journeyman electricians, television aerial installation, and helpers licenses which said .fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and which said license fees shall be appended to the Municipal Code as part of an appendix. titled "Permit, License, and Application Fees." SECTION 11. Section 10-402 of the Municipal Code of the City of Blair is hereby established to read as follows: MOVING BUILDINGS. It shall be unlawful for any person, firm or corporation to move any building Or structure built for the shelter of persons, animals or property along,.upon or across any WYMAN E. NELSON, Attorne3i at.Law 1648 P'ront'Street Blair, Nebraska 68008 (402) 426+6128 street, alley or other thoroughfare in the except.after full compliance with'the following four (4) requirements: 1. The owner or owners of t.he; building to. .be moved shall apply in writing to the City Clerk for a building moving permit, which application shall. state: a. The location of the building. to be moved,. b. The location to which. it is to be moved, c. The route of such moving, d. The date of such moving, e. The time required for such moving, f, The name and address of the person, firm or or corporation employed for the work of moving, g. A statement that all taxes. and special assessments on the building to be moved and the land from which it Is to be moved have been fully. paid, h. The use which will be made of the at. the new location, such application to be filed with the City Clerk and. thereupon re- ferred to the City Administrator•'for investigation and approval; 2. Upon approval of the application by the City Administrator, the applicant or applicants shall file with the City Clerk a written undertaking with a corporate surety or two (2) suitable personal sureties, to pay all damages that may be sustained to any curbs, paving, manholes, public utility lines and pipes, by . reason of the moving of such building, which bond and the sureties thereon shall be approved by the City Attorney.. 3. A building moving permit fee shall be paid prior to the moving of any of said buildings to the City Clerk for the use of the general fund of the City. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and said fee shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees." 4. Issuance of a building moving permit by the City Clerk in accordance with the application, which shall state any special requirements made by the City Administrator with reference to the moving, and it shall be unlawful for any person, firm or corporation to fail to comply with such special requirements. SECTION 12. Section 10 -404 of the Municipal Code of the City of Blair is hereby amended to read as follows: DEMOLITION. It shall be unlawful for any person, firm or corporation to demolish any building or structure built for the •shelter of persons, animals 'or property except after full compliance with the following four (4) requirements: 1. The owner or owners of the building to be demolished shall first apply to the City Clerk for a demolition permit, which application shall WYMAN E. NELSON, Attorney at Law 1045 Front Street Blain., Nebraska 68008 (402) 426 -5128 state: a. The location of the building to be demolished; b. The date when demolition will be commenced; c. The length of time estimated for demolition.; d. The name and addreasof the person, firm or corporation employed for the work of demoli- tion, and e. A statement that all taxes and special assessments against the real estate on which the building to be demolished is located have been paid; 2. Upon approval of the application by the City Administrator, the applicant or applicants shall file with the City Clerk a written undertaking, with a corporate surety or two (2) suitable personal sureties, to pay all damages . which may be sustained by reason of the demolition of such building or structure, which bond and the sureties thereon shall be approved by the City Attorney; 3. A demolition permit fee shall be paid prior to the demolition of any of said buildings to the City Clerk for the use of the general fund of the City. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and said fee shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees." 4. Issuance of a demolition permit by the City Clerk in accordance with the application, which may state special requirements made by the City Administrator with reference to the demolition, and it shall be unlawful for any person, firm or corporation to fail to comply with such special requirements. SECTION 13. Section 9-107 of the Municipal Code of the City of Blair is hereby amended to read as follows: BUILDING INSPECTOR: BUILDING PERMIT FEES. The fee to be charged for building permits shall be set and determined from time to time as necessary by the Mayor and City Council, by resolution, and said fees shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees," and shall be on file at the office of the Municipal Clerk and available for public inspection during regular office hours of the said Municipal Clerk: provided, however, that no fee shall be charged for work costing less than $50.00. SECTION 14. Section 10 -504 of the Municipal Code of the City of Blair is hereby amended to read as follows: ISSUANCE OF LICENSE. Upon approval of the application by the City Administrator, the City Clerk shall issue the license applied for upon receiving a fee from the applicant for the benefit of the general fund of the City. The amount of said fee shall be set and determined WYMAN E. NELSON, Attorney at Law 1645 Front Street 131air, Nebraska 66008 (402) 426 -5123 from time to time as deemed necessary by the Mayor and City Council by Resolution and the amount of said fee shall be . appended to the Municipal Code as part of an appendix titled, "Permit,. License, and Application Fees." Such license shall entitle the applicant to carry on the business described in the application for the period ending the next first day of January. SECTION 15. Section 402.02 of the Subdivision Regulations of the City of Blair is hereby amended to read as follows: as follows: FEES: A plat review fee shall accompany the application for conditional approval and said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and shall be appended to the Municipal Code as part of an appendix titled, "Permit:., License, and Application Fees." SECTION 16. Section 10 -1407 is hereby created to read Any person, firm, corporation, or other entity requested a curb -cut permit shall make a per foot deposit on said permit which said dollar amount shall be determined and set from time to time as necessary by the Mayor and City Council, by resolution, and said deposit shall be appended to the Municipal Code as a part of an appendix titled, "Permit, License, and Application Fees." Any person, :firm, corporation, or other entity making application for a pavement cut permit shall be required prior to the issuance of said permit to remit to the City Clerk, for the use of the City General Fund, a fee, the amount of which shall be determined and set from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount of said fee shall be appended to. the Municipal Code as part of an appendix titled, "Permit, License, and Application Fees." SECTION 17. Section 1402 of the Zoning Regulations of the City of Blair.. is hereby amended to read as follows: APPLICATION REQUIREMENTS. A request for a conditional use permit for a conditional use or modification of a conditional use may be initiated by a property owner or his authorized agent by filing an application with the City Administrator upon 'forms prescribed for the purpose. The application shall be accompanied by drawings or a site plan and other such plans and data showing the dimensions; arrangements, 'description •data, and other materials. t constituting a record essential to an understanding of the proposed. use and proposed modification in relation to the provisions set forth herein. The application shall be accompa' nied with a fee which .is non - refundable. The amount of said fee shall be set and determined from time to. time as deemed necessary by the WYMAN E. NELSON, Attorney at Law 1846 Front Street Stair, Nebraska 88008 (402) 428.5123 Mayor and City Council, by,resolution, and the amount of said fee shall be appended to the Municipal Code as part of an appendix titled, "Permit, License, and Application Fees." SECTION 18. That the sections listed herein below are hereby repealed either in their entirety or partially as amended hereby, including Sections 3-215,10-1502, 10404, 10-1503, 10- 11103, 9-107, 10-1204, '10-1501, 10-1304, 10-1504, 10-504 and Section 1402 of the Zoning Regulations 'Of the City of Blair, : and Section 1102.0.2 of the Subdivision f' the City of Blair and all other ordinances or parts' �f ordinances -in conflict herewith are hereby repealed. SECTION 19. 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 23rd daY of March, 19.82. CITY OF BLAIR, NEBRASKA ATTEST: ( ) t ee d VERNA R. OL , CITY CLERK (SEAL) STATE OF NEBRASKA ) ).ss 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 23rd day of March, 1982. VERNA R. BULL, • CITY CLERK . WYMAN E. NELSON,Attorney at Law 1645 Pita threat: . ritaltik18608 (402).42668123 ORDINANCE .NO•. 1324 AN ORDINANCE AMENDING THE. ZONING O.RDI.NAN.CES AND THE OFFICIAL ZONING MAP OF THE CITY OF.BLAIR, NEBRASKA, BY REZONING LOTS SIX, SEVEN, EIGHT AND NINE IN THE THIRTEENTH ADDITION TO THE CITY OF BLAIR,'NEBRASKA, FROM THE RM-- RESIDENT2AL MEDIUM DENSITY DISTRICT TO THE CH—HIGHWAY DISTRICT;. REPEALING ALL ORDINANCES OR PARTS OF.ORDINANCES IN 'CONFLICT:HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL'BE FULL FORCE AND EFFECT; BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: • . SECTION 1.' The zoning ordinances and official zoning map of the City of Blair, Nebraska are hereby amended. so as to provide and reflect that Lot's Six, Seven, Eight and Nine, in the Thirteenth Addition to the 'City of Blair, Washington County, Nebraska, shall henceforth be zoned CH -- Highway Commercial. District until further amended by•the Mayor and City Council of the City of Blair, Nebraska. SECTION 2. All ordinances -or parts of ordinances in conflict herewith are hereby repealed. .SECTION 3. This ordinance shall ' be • i.n full 'force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 1.3t1 day of April, 1982. ATTEST: 1 VERNA R. BULL, fITY CLERK CITY BLAIR', NEBRASKA BY &a./4 M. STANLEY JENS ,(i4AYOR (SEAL) STATE OF NEBRASKA ) )ss 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 WYMAN N. NELSON, Attorney et Law 1646 Front Street t41a1r, Nebraska 6 (4O2). 4264126 at a regular meeting of the Mayor and City Council of said City held on the 13th day of April, 1982. VERNA BU Ifl CLERK WYMAN E. NELSON, Attorney at Law 1845 Froht Street Blair, Nebraska 68008 (402) 926 -6123 ONDINA CE NO. . 1326 AN ORDINANCE AMENDING THE ZONING ORDINANCES AND THE OFFICIAL ZONING MAP OF THE CITY OF BLAIR, .NEBRASKA, BY REZONING TAX LOT ELEVEN (11) IN SECTION TEN (10), TOWNSHIP EIGHTEEN :(18) NORTH, RANGE ELEVEN ''(11),. EAST OF THE ".SIXTH' PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, FROM THE.AGG-- GENERAL. AGRICULTURAL DISTRICT TO THE RRE -- RURAL RESIDENTIAL. ESTATES DISTRICT; REPEALING ALL ORDINANCES 0R. PARTS 'OF. ORDINANCES IN CONFLi.CT HEREWITH 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.: : ATTEST: (SEAL) VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) :ssi WASHINGTON COUNTY ) BY SECTION 1. The zoning ordinances and 'official zoning map of the City of Blair,. Nebraska, are hereby amended so as to provide and reflect that Tax Lot Eleven (1'1) in Seetion'Ten (10), Township Eighteen (18) North, Range .(11),East of the Sixth P. M., Washington County, Nebraska, shall henceforth be zoned RRE -- Rural Residential Estates District until further amended by the Mayor and City Council of the City of Blair, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 12th day of May, 1982. CITY OF BLAIR, NEBRASKA VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, WYMAN - E, N ELSCN, Attorney at Law 4846 Fr ont Street . g)nir,•Nebraska88009 (402) 426 - 5129 1 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, 1982. VERNA' t. BULL, CZ Y CLERK W*J MAN E, NtL8ON, Attorney at Law 1846 Front Street Blair, Nebraska 68008 • (402) 426-5123 ORDINANCE 1.327 . AN ORDINANCE AMENDING SECTIONS 3 -1.01 and 4 -602 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, SAID AMENDMENTS GENERALLY PROVIDING FOR A CHANGE IN THE MANNER AND, METHOD BY WHICH CHARGES AND RATES FOR WATER USAGE AND CHARGES AND RATES FOR THE USE OF THE MUNICIP.AL SEWER AND SEWAGE DISPOSAL SYSTEM ARE SET, REPEALIING ALL ORDINANCES OR PARTS OF. ORDINANCES IN CONFLICT HEREWITH, AND FURTHER 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: SECTION 1. Section 4 -602 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: SANITARY SEWER SYSTEM: FUNDING, RATES, BILLINGS, RECORDS, AND SURCHARGE. There is hereby established a fund exclusively for the construction, maintenance, extension and operation of the sewage disposal works of the municipality and all expenses directly related thereto. The rates and charges for the use of the municipal sewer and sewage disposal works shall be based upon the water. usage for each water user whose waste is discharged into the sanitary sewers of the. City of Blair. The City Council of the City of Blair, Nebraska, shall from time to time as necessary, set and establish the rates and charges for said use of the municipal sewer and sewage disposal works by resolution. Said rates and charges shall be appended to the Municipal Code of the City of Blair by an appendix designated sewer rates and charges. The rates and charges set by the City Council shall be computed as a percentage of the applicable monthly water charge of the current water rates, as specified herein. The monthly water charge for .commercial and industrial users shall be the actual water charge made' for the billing period to the consumer and the monthly water charge for residential useres shall be the average water charge made _for the months of December, January and February for the immediately preceding December, January and February. Such funds so collected shall be kept separate from any other fund., and a record of the receipts and disbursements along with sinking funds and /or unpaid obligations shall be part of this record.. This record shall be made a part of the report by the Clerk and Treasurer of the City on a monthly basis. The minimum sewer fee shall be made on all single residences or single dwelling units when water usage during the preceding winter period for such residence or dwelling unit does not exist. Multiple dwellings served by one (1) common water meter shall have each apartment or living unit that is provided with cooking facilities counted as one (1) unit with the total units multiplied by the minimum monthly sewer use fee to establish the minimum sewer use fee to be . applied to the units involved. WYMAN.E. NELSON Attorney at Law 1645 Front Street glair, Nebraska 68008 (402) 426-5123 Two (2) or more commercial or industrial .users served by a common . water meter shall have the number of users so served •multipl.ied. by the minimum monthly sewer use fee to establish the minimum monthly sewer use fee to be applied to such users. Residential dwelling units that are served from a water meter common to a commercial or industrial user shall be, considered a commercial user for purposes of establishing sewer use fees. Water which is not metered by the Board of Public Works in the City of Blair shall not be permitted to enter the sanitary sewer system of the City of Blair unless special permission has been granted by the Board of Public Works. Individual cases where unmetered water enters into the sanitary sewer system of the City of Blair shall be considered on an individual basis and the user shall be required at his expense to install a water 'meter which shall be used for the purpose of determining the sewer use fee only. LA- SECTION 2. Section 3 -101 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: MUNICIP.AL WATER DEPARTMENT; OPERATION AND FUNDING: The Municipality owns and operates the Municipal Water Department through the Board and Director of Public, Works. The Governing Body, for the purpose .of defraying the cost of the care, management, and maintenance of the Municipal Water Dep.ar-,tment may each year levy a tax not exceeding the.maximum limit prescribed by State law, on the actual valuation of all real estate and per.sbnal property within the corporate limits tth:at is subject to taxation. The Director of Public Works shall have the direct management and control of the Municipal Water Department and shall faithfully carry out the duties of his office. The Board of Public Works shall have the authority to adopt rules and regulations for the sanitary. and efficient management of the Water Department subject to the supervision and review of the Governing Body. The Governing. Body, upon recommendation of the Board of Public Works shall set the rates to be charged for water usage by resolution. Said water rates shall be appended to the Municipal Code of the City.of Blair by an appendix designated ' "Water Usage Rates" and a 'copy of said rates shall also be kept in the office of the City Clerk of the City of Blair, Nebraska, for public •inspection at any reasonable time. SECTION 3. Sections 3 -101 and 4-602 of the Municipal Code of the City of Blair, Nebraska, are partially repealed as amended by this ordinance and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in force and take WYMAN E`. NELSON,.Attorney at Law 1646 rrent'Street .Blair, l4ebreska 68008. (402) 426-6123 full effect from and afters its passage, approval and publication as provided by law. Passed and approved this 8th day of June, 1982. CITY OF BLAIR, NEBRASKA ATTEST: BY M. STANLEY JENNUMAYOR VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA J, )58 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 8 th day of June, 1982. ___ 4 .�Q VERNA R. BULL, CITY CLERK WYMAN E. NELSON Attorney at Law 1846 Profit Street Blair, Nebraska 68008 (402) 426-5123 ORDINANCE NO. 132R • AN ORDINANCE AMENDING SECTIONS 5- 414,..8 -420', 4 -615, 3 -108, • 10- 1204, 1 0 -1301 , , 10 -.1304 OF. THE MUNICIPAL . COD.E. OF THE CITY OF BLAIR; REDESIGNATING SECTION 10-2001 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; REPEALING SECTION 10-14-07 OF THE. MUNICIPAL CODE OF THE CITY OF BLAIR; CREATING'SECTIONS'10 -2.001 THOIJGH 10 -2006 INCLUSIVE AND CREATING .SECTIONS 10- 210.1'THROUGH 10 -2106 INCLUSIVE OF THE MUNICIPAL CODE OF THE CITY OF BLAIT., 'GENERALLY PROVIDING' FOR THE MANNER OF ESTABLISHMENT AND SETTING OF TEES FOR THE VARIOUS PERMITS, LICENSES, AND APPLICATIONS OF THE CITY OF BLAIR, ESTABLISHING AND CREATING CERTAIN ,APPENDICES TO THE MUNICIPAL CODE OF THE' CITY OF BLAIR, GENERALLY PROVIDING FOR AN INCREASE IN THE PARKING FINES IN THE CITY OF BLAIR WHEN SAME ARE PAID THROUGH THE VIOLATIONS. BUREAU; SETTING FORTH 'AND DISPLAYING THE AMOUNTS AND RATES OF THE VARIOUS FEES FOR PERMITS, LICENSES, AND APPLICATIONS, CREATING AND ESTABLISHING LICENSING REQUIREMENTS AND SPECIFICATIONS FOR WELL DRILLERS OPERATING WITHIN THE MUNICIPAL LIMITS OF. THE CITY OF BLAIR; ESTABLISIHING AND CREATING LICENSING REQUIREMENTS AND SPECIFICATIONS' FOR TREE TRIMMERS OPERATING WITHIN THE MUNICIPAL LIMITS OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FURTHER 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:. SECTION 1. Section 5 -414 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: PARKING VIOLATIONS; PENALTIES. Any person, firm, association, or corporation violating any of the provisions of the Article, shall be deemed guilty of a misdemeanor and shall be fined an amount not to exceed one hundred dollars ($100.00) unless the fine is paid to the Violations Bureau in which cues the fine shall be six dollars ($6.00). SECTION 2. Section 8 -420 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: CUTTING CURBS, DRIVEWAYS, PAVING. Any person desiring to cut, alter or change any curb, sidewalk, street or alley paving or driveway within the limits of any City street shall file a written application with the City Clerk which shall show the name and address of the owner or owners of the property abutting such, proposed work, the name and address of the party by-whom the work will be done, the time within which the work will . be done, the estimated• cost of. the work and any further inforthation reasonably required by the Street Commissioner concerning the work. Such application shall be accompanied by a plan showing the details of the proposed work, and the applicant shall .pay a fee to the City Clerk, for th:e use of the General Fund of the City. Said fee shall be set and determined from time to time as necessary by the. Mayor and City Council by. resolution, and.the amount of said fee shall'.be appended to the Municipal Code as part of an appendix titled "Permit, License, and, Application Fees ". Said 'app.lication shall he promptly referred by WYMAN E. NELS0N,.Attottley at•Law 1645 Front tteet Blau, Nebraska 68008 (402) 4264123 the City Clerk to the Street Commissioner, who shall examine the site of the proposed work and may then grant a written .permit for same to be done, under such .special rules as he may endorse on the permit. Before granting such permit, the Street Commissioner may require from the application a bond, with two (2) or more personal sureties or a duly licensed corporate surety, such sureties to be approved by the Clerk, in such sum as the Street Commissioner shall deem proper and which said sum shall not be less than a per lineal foot fee which shall be set and determined by the Mayor and City Council from time to time as deemed necessary, by resolution and the amount of said per lineal foot deposit shall be appended to the Municipal Code as a part of an appendix titled "Permit, License, and Application Fees". Said per lineal foot deposit of the proposed cut, alteration or change shall be conditioned upon the applicant's bond to save the City harmless from liability for injury, harm or damage arising from the work done under permit and for the cost for any repair to City property found necessary by the Street Commissioner upon completion of the work or within a reasonable time thereafter. Any application to cut a curb within twenty (20') feet of any street intersection or for a distance of more than thirty (30') feet shall be first referred by the City Clerk to the Mayor and Council for approval before referring same to the Street Commissioner. SECTION 3. Section 4 615 of the Municipal. Code of the City of Blair, Nebraska, is hereby amended to read as follows: PRIVATE SEWAGE DISPOSAL SYSTEM;. PERMIT REQUIRED, FEE. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed ncessary by the Superintendent. A permit and inspection fee shall be paid to the City at the time said application is filed. The amount of said fee shall be set: and determined from time to time as deemed necessary by the Mayor and City Council by resolution, and the amount of said fee shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees ". SECTION 4. Section 10- 1407 of the Municipal Code of the City of Blair, Nebraska, is hereby repealed and further Section 16 of Ordinance 1324 is also hereby repealed which said Section amended Section 10 -1407. SECTION 5. Section 3 -108 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: MUNICIPAL WATER DEPARTMENT; INSTALLATION WYMAN E. NEt8OI , Attorney at Law 1645 front Street Blair, Nebraska 68008 (402) 426 -6123 EXPENSE. The consumer.- shall employ a licensed plumber and pay the cost of installation and pipe from the main to, the place of dispersement. The cost of the installation of the stop box, meter, and corporation cock shall be paid by the consumer. The consumer shall purchase from the City the stop box, corporate cock and curb stop. The City will provide the meter, and such meter will remain property of the City. The customer will pay a tap fee in such sum as it set by the Governing Body, upon recommendation of the Board of Public Works, and the amount of said fee shall be appended to the Muncipal Code as part of an appendix titled, "Permit, License, and Application Fees ". The extension of commercial mains into unsupplied territory, within the corporate limits, may be made by of water extension districts. SECTION 6. Section 10 -1204 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: LICENSES; FEES, TERM, ISSUANCE. The licenses shall be issued by the City Clerk for the remainder of the current year, upon direction of the Licensing board and upon payment to the City Clerk for use of the General Fund, a license fee which said license fees for master plumbers, journeyman plumbers, drainlayers, master heating, journeyman heating, heating workers, gas fitters, oil fitters, water treatment and helpers licenses shall be set and determined from time to time as deemed by the. Mayor and City Council, by resolution and the amount of said license fees shall be appended to the Municipal Code as part of an appendix titled "Permit, License, and Application Fees ". SECTION 7. Section 10 -1304 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: LICENSES; FEES, TERM, ISSUANCE. The licenses shall be issued by the City Clerk for the remainder of the current calendar year, upon direction of the Licensing Board and upon payment to the City Clerk, for the use of the General Fund of the City, a license fee for master electricians, journeyman electricians and helper elctricians which are not exempted from the necessity of obtaining a City license pursuant to Section 10-1301 of the Municipal Code. There shall also be a television aerial installation license fee and all of the fees referred to in this section shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution, and the amount of said license fee shall be appended to the .Municipal Code as part of an appendix titled "Permit, License, and Application Fees ". SECTION 8. Section 10 -1301 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: LICENSES; LICENSING BOARD. The following licenses shall be available from the City: WYMAN E. NELSON, Attorney at•Law 1645 Pront Street Blair, Nebraska 68d08 (402) 426-5123 1. Master Electrician's License. . 2. JourneYman.Electrician's License. 3. Television Aerial Installation License... 4. Helper's License. A. master electrician's license shall. be issued only to persons having. at least five (5) years actual experience as a journeyman electrician, or equivalent,. and who shall pass an examination as to ,qualifications which shall be given by the City Adm.inist.rator, the City Utility Commissioner and one (1) other person appointed by the Mayor and confirmed by the Council, constituting a Licensing Board for the purpose of this Article. A journeyman electrician's license shall be issued only to persons having at least three (3) years actual experience working under a master or journeyman electrician, or equivalent, and who shall 'pass an examination as to qualifications given by such Licensing Board. No one shall be required to take an . examination, if the person holds a current license issued by the State Electrical Board. A television aerial installation license shall be issued only to persons considered suitable by such Licensing Board after considering the experience, training and other qualifications of such persons. A helpers license shall be issued only to persons considered suitable by such Licensing Board and such licenses shall specify the type of work for which such helper is licensed. The provisions of this section shall not apply, no license fees shall be required of individuals, partnerships, corporations or other business associations holding a license pursuant to Sections 81-571 to 81 -5,114 R.R.S. Nebraska 1943 commonly known as the. State Electrical Act and which are specifically exempted from license fees pursuant to 81- 5,100 R.R.S. Nebraska 1943• SECTION 9. Section 10 -2001 of the Municipal Code of the City of Blair, Nebraska, is hereby redesignated as Section 10- 2201. SECTION 10. Section 10 -2001 is hereby created to read as follows': WELL DRILLERS LICENSE. No person, •partnership, corporation, or other business association shall engage in the business of well drilling, digging or construction within the City of Blair without first obtaining a license from the City to be termed a "Well Drillers License ". SECTION 11. Section 10 -2002 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as WYMAN B. NELSON, Attorney a Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 follows: APPLICATION FOR LICENSE. Applications for the Well Drillers License shall be made to the City Clerk on a form supplied by the City, which form shall include the.foliowing information from the applicant: name of applicant, 'business address of applicant, residence. address of applicant, method of well drilling, digging or construction to be used by the applicant, .and the applicant's experience and qualifications for such work. SECTION 12. Section 10 -2003 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: LICENSE; FEE; TERM, ISSUANCE. Every'application for such Well Drillers License shall be referred to a Licensing Board consisting of the City Administrator, the City Utility Commissioner and one (1) other person appointed by, the Mayor and confirmed by the Council, for investigation. If a. majority of such licensing board shall consider that the applicant is competent to carry on the business described in the application, such application shall be approved and a license issued to the applicant by. the City Clerk, which license shall be for the remainder of the calendar year.. in which same is issued. Provided, however,• that the applicant shall pay a license fee to the City Clerk for the use of the General Fund of the City, the amount of which said license fee shall be set and determined from time to time as deemed necessary by the Mayor a.nd..City Council, by resolution and the amount of said fee shall be appended to the Municipal Code of the City of Blair as part. of an appendix designated by the title, "Permit, License and: Application Fees ". SECTION 13. Section 10 -2004 of the Municipal Code of the City of Blair, Nebraska., is hereby created to read as follows: LICENSE; RENEWALS, REVOCATIONS, SUSPENSIONS. Any person holding such license applied for under the terms of this article shall, upon expiration thereof, be entitled to renew the same by •applying to the City Clerk on or before the 20th day of January of the succeeding year and paying said license fee hereinbe for e provided; provided, that the City Clerk shall not issue such renewal license if he shall have been notified not to do so prior to the application of such renewal, by the Licensing Board. Any license issued under the terms of this Article may be suspended by the Licensing Board if in the opinion of such Board there is credible evidence that the holder of such license has failed to perform his work under such license in accordance with the provisions of the City ordinances and laws of the State of Nebraska and in a manner consistent with public health, safety and welfare or has grossly overcharged or overreached his customers or some WYMAN B. NBLSON, Attorney at Law • 1645 Front. Street Blair, Nebraska 68008 X402)• 426 -5123 SECTION 14. Section 10-2005 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: SECTION 15. Section 10 -2006 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: as follows: of them. Written notice of such suspension shall be served personally by said Board on the license holder, if found in the City, or at his usual place of residence or business if not personally found or, in the case of a nonresident, by mailing such notice of suspension by certified mail to the business or residence address of the license holder as shown by his application for license. A hearing on such suspension shall be held at the time and place stated in the notice of suspension, which shall be held within ten (10) days and not less than three (3) days of the date of service of the notice or, in the case of a nonresident, from the date of mailing same, unless the licensee and the Licensing Board shall both agree to a subsequent time of hearing. If the Licensing Board at such hearing shall determine that the suspended license should be revoked, it shall enter .a written order revoking the license and no further license under the provisions of this Article shall be issued to the holder of such revoked license unless so ordered by the City Council. RIGHT OF ENTRY. Any member of the Licensing Board referred to herein shall have the right, at any reasonable time, to enter upon any premise or property for the purpose of examining, inspecting or testing any work performed by any license holder under the provisions of this Article. RESPONSIBILTY AND LIABILITY. Nothing in this Article shall be construed to lessen the responsibility or liability of any person doing any work as referred to in this Article not to place any responsibility or liability upon the City therefor by reason of such requirements for inspection and licensing. SECTION 16. Section 10 -2101 is hereby created to read TREE TRIMMERS LICENSE. No person, partnership, corporation, or other business association shall engage in the business of tree trimming, cutting or removal within the City of Blair without first obtaining a license from the City to be termed a "Tree Trimmers License ". SECTION 17. Section 10 -2102 of the Municipal. Code of the City of Blair., Nebraska, is hereby created to read as WYMAN N. NELSON, Attorney at Law '1645 Front Street Blair, Nebraska 68008 (402).426-6123 follows :. SECTION 18: Section 10 -2103 of the Municipal Code of the City of B1air,.Nebraska, is hereby created to read as follows: LICENSE; FEE; TERM, ISSUANCE. Every application for such Tree Trimmers License.. shall be referred to a Licensing Board consisting of the City Administrator, the City Utility Commissioner and one Mother other person appointed by the Mayor and confirmed.by the Council, for investigation.. If a majority of such Licensing Board shall consider that the applicant is competent to carry on the. business described in the application, such application shall be approved and a license issued to the applicant by the City Clerk, which license shall be for the remainder of the calendar year in which same is issued. Provided, however, that the applicant shall pay a license fee to the City Clerk for the use of the General Fund of the City, the amount of which said license fee .shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution and the amount of said fee shall be • appended to the Municipal Code of the City of Blair as part of an appendix designated by the title, "Permit., License and Application Fees ", SECTION 19. Section 10 -2104 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: APPLICATION FOR LICENSE. Applications for the Tree Trimmers License shall be, made to the City Clerk on a form supplied by the City, which form shall include the following information from the applicant: name of applicant, business address of applicant, residence address of applicant, equipment to be used by the applicant for tree trimming., cutting or removal, and the applicant's experience and qualifications for such work. LICENSE; .RENEWALS, REVOC.ATIONS,' SUSPENSIONS. Any person holding such license applied for under the terms of this article shall, upon expiration thereof, be entitled to renew the same by applying to the City Clerk on or before the 20th day of January of the succeeding year and paying said license fee hereinbefore provided; provided, that the City Clerk shall not issue such renewal license if he shall have been notified not to do so prior to the application of such _renewal, by the Licensing Board. Any license issued under the terms of this Article may be suspended by the Licensing Board if in the opinion of such Board there is credible evidence that the holder of such license has failed to perform his work under such license in accordance with the provisions of the City ordinances and laws of the State of WYMAN E. NELSON, Attorney at Law 1645, Front Street Blair, Nebraska 68008 (402) 428 -5123 the City of Blair, Nebraska, is hereby created to read as follows: follows: Nebraska and in a manner consistent with public health, safety and welfare or has grossly overcharged or overreached his customers or some of them. Written notice of such suspension shall be served personally. by said Board on the license holder, if 'found in the City, or at his usual place of residence or business if not personally found or, in the case of .a nonresident, by mailing such notice of suspension by certified .mail to the business or residence address of the license holder as shown by his applioation for license. A hearing 'on such suspension shall be .held at the time and place stated in the notice of ,suspension, which shall be held within ten (10). days and not less than three. (3) days of the date of service of the notice or, in the case of a nonresident, from the date of mailing same, unless the licensee and the Licensing Board shall both agree to a subsequent time of hearing. If the Licensing Board at such hearing shall determine that the suspended license should be revoked, it shall enter a written order revoking the license and no further license under the provisions of this Article shall be issued to the holder of such revoked license unless so ordered by the City. Council. SECTION 20. Section 10 -2105 of the Municipal Code RIGHT OF ENTRY. Any member of the Licensing Board referred to herein shall have the right, at any reasonable time, to enter upon any premise or property for the purpose of examining, inspecting or testing any work performed by any license holder under the provisions of this Article. SECTION 21. Section 10 -2106 of the Municipal Code the City of Blair, Nebraska, is hereby created to read as RESPONSIBILTY AND LIABILITY. Nothing in this Article shall be construed to lessen the responsibility or liability of any person doing any work as referred to in this Article not to place any responsibility or liability upon the City therefor by reason of such requirements for inspection and licensing. SECTION 22. That the sections listed hereinbelow hereby repealed either in their entirety or partially as amended hereby including Sections 5- . 414,.8 -420, 10 -1407, 4 -615, 3 -108, 10 -1204, 10 -1304, 10- 1301, 10 -2001, and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. SECTION 23. This ordinance shall be in force and take WYMAN B. NBLSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5126 of of are full from and after its passage,: approval and publication as provided by law. Passed and approved . this. .8th ATTEST: /.1 4 - Lc VERNA R. BULL, CITY "CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) day of June, 1982. 'CITY:.OF BLAIR, NEBRASKA BY M. STANLEY JENlE , 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 8th day of June, 1982. VERNA R. BULL, CITY. CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -512$ ORDINANCE N.0. 1329 AN ORDINANCE AMENDING SECTION 501.07 (1) OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA; 'DECREASING THE MINIMUM LOT AREA FOR SINGLE FAMILY DWELLINGS IN THE AGG -- GENERAL AGRICULTURAL DISTRICT; REPEALING ALL 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 MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 501.07 (1) of the zoning regulations of the City of Blair, Nebraska, is hereby amended to read as follows: The minimum lot area for single family dwellings shall be two (2) acres. SECTION 2. Section 501.07 (1) in conflict with the change in said section as made by Section 1 of this ordinance is hereby specifically repealed and all ordinances or parts of ordinances in conflict herewith are specifically repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this 22nd day of June, 1982. ATTEST: &4, VERNA R. BULL, CITY - CLERK (SEAL) STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BY M. STANLEY JENSEN/ Ie 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 WYMAN E. NELSON, Attorney at taw 1648 front Street Blair, Nebraska 68008 (402) 4248123 at a regular meeting of the Mayor and City Council of said City held on the 22nd day of June, 1982. VERNA R. .BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law 1646 >:ront Street Blair, Nebraska 68008 (402) 426.5123 ORDINANCE NO. 1330 AN ORDINANCE AMENDING_ THE SECTION 10 -107 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR THE PROCEDURES AND REPORTING OF THE MAYOR AND CITY COUNCIL'S ACTION ON APPLICATIONS FOR LICENSES TO SELL .ALCOHOLIC LIQUORS AT RETAIL, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH, 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: SECTION 1. Section 10 -107 of the Municipal Code of the City of Blair is hereby amended to read as follows: ALCOHOLIC BEVERAGES: MUNICIPAL EXAMINATION. Any person or persons desiring to obtain a license to sell alcoholic liquors at retail shall file with the Liquor Control Commission. The Commission shall then notify by registered or certified mail the Municipal Clerk. The Governing Body shall then meet and determine the desirability of the application and report in writing or in person to the Commission within thirty (30) days. The Governing Body may examine, or cause to be examined, under oath, any applicant; examine or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof of its information in the performance of its duties. For the purpose of obtaining any of the information desired, the Governing Body may authorize its agent, or the Municipaal Attorney, to act on their behalf. The Governing Body may hold the said examination and hearing upon the receipt from the Commission of the notice and copy of the application. The Governing Body shall fix a time and place at which a hearing will beheld, and at which time the Governing Body may receive competent evidence, either orally, or by affidavit, from any person concerning the propriety. of the issuance of such license. Notice shall be published in a legal newspaper in, or of general circulation, the Municipality one (1) time not less than seven (7), nor more than fourteen days before the time of the hearing. ,Such hearing shall be held not more than twenty -one (21) days after the receipt of the Commission's letter of notice and after such hearing, the Governing Body shall to be spread at large in the minute record of their meetings a record of the proceedings recommending either issuance or refusal of said applicant. The Municipal Clerk shall thereupn mail to the Commission upon forms furnished therefor by the Commission a report of the Governing Body's action, and the cost of the published notice; Provided, that failure to hold a hearing and to examine the said applicant shall not render void any license issued by the Commission. In the event the Commission refuses to issue a license, the cost of the publication of notice as herein required shall be paid by the Commission. (Ref. 53-131, 53,134 RS Neb.) SECTION 2. All ordinances or parts of ordinances in WYMAN E. NELSON, Attorney at Law 1045 front Street Blair, Nebraska 68008 (402) 426-5123 conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and, publication as provided by law. Passed and approved this 13th day of July, 1982. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA BY �� M. STANLEY JEN4NV MAYOR STATE OF NEBRASKA ) )ss 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 13th day of July, 1982. VERNA R. BULL, C TY CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 ORDINANCE NO. 1331 AN ORDINANCE. AMENDING SECTION 5 -613., 5 -613 (1), 5 -613 (2), 5 -614 (3), 5 -614 (7), 'AND CREATING SECTIONS 5 -613 (3), 5 -613 (4), 5 -613 (5), 5 -614 (8), 5- 614 (9), 5 -614 (10) AND 5 -614 (11), GENERALLY PROVIDING FOR A REVISION OF THE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOLIC LIQUORS OR DRUGS AND FAILING TO SUBMIT TO A PRELIMINARY CHEMICAL TEST OF BREATH FOR ALCOHOL CONTENT AND GENERALLY PROVIDING FOR PENALTIES FOR FAILURE TO SUBMIT TO A CHEMICAL, BLOOD, BREATH, OR URINE TEST, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND REPEALING THOSE PORTIONS OF CURRENT SECTIONS 5 -613, 5 -613 (1), 5 -613 (2) , 5 -614 (3), AND 5 -614 (7) IN CONFLICT HEREWITH AND ALL OTHER ORDINANCES' OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section .5 -613 of the Municipal Code of the City of Blair is hereby amended to read as follows: DRUNKEN DRIVING; PENALTIES; REVOCATION OF OPERATOR'S 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 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 ehecmial analysis of his or her blood, breath, or urine shall be deemed guilty of a crime, and upon conviction thereof, shall be punished as follows: SECTION 2. Section 5 -613 (1) of the Municipal Code of the City of Blair is hereby amended to read as follows: If such person (a) has not had a previous conviction under this section or (b) was not convicted under this section prior to the effective date of this section, or (c) has not been convicted under State of Nebraska Statute for the same offense either prior or subsequent to the effective date of this section, such person shall be guilty of a Class IIIA W 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 conviction, and shall order that the operator's license of such person be revoked for a like period. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle for any purpose for a period of thirty days from the date of the order. WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426.5128 SECTION 3. Section 5 -613 (2) of the Municipal Code of the City of Blair is hereby amended to read as follows: If such person (a) has had one previous conviction under this section since the effective date of this section, (b) has been convicted once under this section as it existed prior to the effective date of this section, or (c) has been convicted once under State of Nebraska Statutes for the same offense either prior or subsequent to the effective date of this section, such person, shall be guilty of a class W 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 later conviction, and shall order that the operator's license of such person be revoked for a like period. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for a period of six months from the date of the order and such order of probation shall include as one of its conditions confinement in the city or county jail for forty -eight hours. SECTION 4. Section 5 -613 (3) of the Municipal Code of the City of Blair is hereby created to read as follows: If such person (a) has had two or more convictions under this section since the effective date of this section, (b) has been convicted two or more times under State of Nebraska Statutes either prior or subsequent to the effective date of this act, or (c) has been convicted as described in subdivisions 5 -613 (1) or 5 -613 (2) of this section a total of two or more times, such person shall be guilty of a Class W misdemeanor and the court shall, as part of the judgment of conviction, order such person not to ever again drive any motor vehicle in the State of Nebraska for any purpose from the date of his or her conviction, and shall order that the operator's license of such person be permanently revoked. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for a period of one year, and such order of probation shall include as one of its conditions confinement in the city or county jail for seven days. For each conviction under this section, the court shall as part of the judgment of conviction make a finding on the record as to the number of the defendant's prior, convictions under this section and the defendant's prior WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 4264123 convictions under State of Nebraska statutes either prior or subsequent to the effective date of this act.. The defendant shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions. SECTION 5. Section 5 -613 (4) of the Municipal Code of the City of Blair is hereby created to read as follows: At the discretion of the court, any person convicted of violating this section, may be required to attend, at the convicted person's expense, an alcoholism treatment program as a term of probation. SECTION 6. Section 5 - 613 (5) of the Municipal Code of the City of Blair is hereby created to read as follows: All misdemeanors as referred to in this section shall be those as defined in Section 28 -106 of the Statutes of the State of Nebraska in effect at the time of the conviction. SECTION 7. Section 5 - 614 (3) of the Municipal Code of the City of Blair is hereby amended to read as follows: Any law enforcement officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his or her actual physical control a motor vehicle upon a public highway in this state to submit to a preliminary test of his or her breath for alcohol content if the officer has reasonable grounds to believe that such person has alcohol in his or her body, or has commited a moving traffic violation, or has been involved in a traffic accident. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol content of ten - hundredths of one per cent or more shall be placed under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of a Class V misdemeanor. SECTION 8. Section 5 -614 (7) of the Municipal Code of the City of Blair is hereby amended to read as follows: Any person arrested as provided in this section may, upon the direction of a law enforcement officer, be required to submit to a chemical test of hs her blood, breath, or urine for a determination of the alcohol content. Any person who refuses to submit to a chemical blood, breath, or urine test required pursuant to this section shall be subject to the administrative revocation procedures of the Director of Motor Vehicles provided in Sections 39 669.07, 39 669.08, 39 669.09, and 39 669.14 to 39 - 669.19, of the Statutes of the State of Nebraska, and shall be guilty of a crime and, WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426.6123 upon conviction thereof, shall be punished as follows: If such person (i) has not had a previous conviction under this subsection since the effective date of this section, (ii) was not convicted under this subsection prior to the effective date of this section, or (iii) has not been convicted under the Statutes of the State of Nebraska for the same offense either prior or subsequent to the effective date of this section, such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judgment of conviction, order such person not to drive any motor .vehicle in the State of Nebraska for any purpose for a period of six months from the date of his or her conviction, and shall order that the operator's license of such person be revoked for a like period. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for a period of sixty days. SECTION 9. Section 5 -614 (8) of the Municipal Code of the City of Blair is hereby created to read as follows: If such person (i) has had one previous conviction under this subsection since the effective date of this section, (ii) has not been convicted under the Statutes of the State of Nebraska for the same offense either prior or subsequent to the effective date of this act, such person shall be guilty of a Class W misdemeanor and the court shall, . as part of the judgment of conviction, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for a period of one year from the date of his or her conviction, and shall order that the operator's license of such person be revoked for a like period. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for a period of six months from the date of the order and such order of probation shall include as one of its conditions confinement in the city or county jail for forty -eight hours.. SECTION 10. Section 5-614 (9) of the Municipal Code of the City of Blair is hereby created to read as follows: If such person (i) has had two or more convictions under this subsection since the effective date of this act, (ii) has not been convicted under the Statutes of the State of Nebraska for the same offense either prior or subsequent to the effective date of this section, or (iii) has been convicted as described in subdivisions 5 -613 (8) or 5 -613 (9) WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426 -6123 of this subsection a total of two or more times, such person shall be guilty of a Class W misdemeanor and the court shall, as part of the judgment of conviction, order such person to never again drive any motor vehicle in the State of Nebraska for any purpose from the date of his or her conviction and shall order that the operator's license of such person be permanently revoked. If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order such person not to drive any motor vehicle in the State of Nebraska for any purpose for period of one year, and such order of .probation shall include as one of its conditions confinement in the city or county jail for seven days. SECTION 11. Section 5 -614 (10) of the Municipal Code of the City of Blair is hereby created to read as follows: For each conviction under this section, the court shall, as part of the judgment of conviction, make a finding on the record as to the number of the defendant's prior convictions under this section and the defendant's prior convictions under the Statutes of the State of Nebraska for the same offense either prior or subsequent to the effective date of this act. The defendant shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions. SECTION 12. Section 5 -614 (11) of the Municipal Code of the City of Blair is hereby created to read as follows: All misdemeanors as referred to in this section shall be those as defined in Section 28 -106 of the Statutes of the State of Nebraska in effect at the time of the conviction. SECTION 13. All those portions of the existing sections 5 -613, 5 -613 (1), 5 -613 (2), 5 -614 (3) and 5 -614 (7) in conflict herewith and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this »27th day of July, 1982. CITY OF BLAIR, NEBRASKA WYMAN E. NELSON, Attorney at Law BY M. STANLEY JENS " , .MAYOR 1645 Front Street Blair, Nebraska 68008 (402) 426 -5129 ATTEST: 4d,i, VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss 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 27th day of July All VERNA R. BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 ATTEST: VERNA R. BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law ORDINANCE NO. 1332 AN ORDINANCE LEVYING TAXES ON ALL TLXABLE PROPERTY WITHIN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR COMMENCING AUGUST 1, 1982, AND ENDING ON JULY 31, 1983, 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, 1982, a tax on all property within the corporate limits of said City in the emount of $504,071.00. 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, taxes levied for all City purposes hereunder, on the taxable property withn the City for said year as shown by the assessment roll for said year, includ:Lng all special assessments and taxes assessed as herein provided to be collected in the manner provided by law for the collection of State and County taxes within Washington County wherein the City of Blair, Nebraska, is situated, with 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 ordinan 3es 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 27th day of ..July, 1982. M. STANLEY JENSEN ,if4A R 1645 Front Street Elair, Nebraska 68008 (402) 426 -5123 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL hereby certifies that she is the duly appo inted, 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, 1982. , VERNA R. BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 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, 1982, AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION 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 $7,026,824.00 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 1982- 1983 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 $2,048,603.00 General Obligation Debt Service $378,554.00 Water Department $1,158,000.00 Sewer Department $457,318.00 Electrical Department $2,984,359.00 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 ATTEST: 0 -' tb/ VERNA R. BULL, CITY CLERK (SEAL) ORDINANCE NO. 1333 27th day of .July, 1982. . STANLEY JENSWG, YOR WYMAN F. NNLSON, Attorney at Law 1645 Front Street glair, Nebraska 68008 (402) 426 -5123 udy STATE OF NEBRASKA ) )ss 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 ab &ve 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, 1982. VERNA R. BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street $lair, Nebraska 68008 (402) 426 -6128 Warden - Warrick _ $410.00, Ray Fisher - ORDINANCE NO. 1334 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 which will be effective August 15, 1982, is hereby established and set as follows: Bi- Weekly Salaries: Doug Bullock - $1,153.85, Verna Bull - 686.1 � $ 5, Alice Diedrichsen - $470.00, Herman Allen - $590.00, Robert Bolton - $610.00, Alan Engelke - $590'.00, Harold Jacobsen - $590.00, Willard Lewis - $490.00, Everett Paine - $590.00, Patrick Long - $490.00, Christine C aronia - $530.00, Richard Baumer - $610.00, Fred Carritt - $630.00, Gregory Clark - $530.00, Dewayne Flora - $610.00 Tony Hale le - $650.00, Eddie Kuhl - $670.00, Steve Bonnett - $510.00 Darwin Shaw - $590.00, David Torrez - $570.00 James $710.00, Jeannine Stier - $510.00, Dale Stricklett - $550.00, Leona Hansen - $450.00, Luverne Rembold - $450.00, Blaine Lemmons - $410.00, Bob Hardy - $692.31, Walter Groves - $750.00, Junior Porter - $590.00, Darlene Safely - $285.00, Teri Mark Adams - $550.00, Aaron Hansen - $991.54, Jayne Arnold - $610.00, Peggy Frahm - $470.00, Marcia Nickerson - $410.00, Dale Robinson - $750.00, Francis Quick - $730.00, Lee Smith - $550.00, Pat Herman - $610.00, Wilbert Jensen - $750.00, Dan Coon - $630.00, $550.00, Marvin Johnson - $550.00, Tom Austin - $750.00, William Harrington - $630.00, Dave Warren - $630.00, Ronnie Kuehn - $570.00, Mark Warren - $470.00, Francis Coddington - $470,00, Vaughn Korth - $570.00, Kenny Wulf - $490.00, Seth Sessions - $570.00, Dick Everhart - $690.00, Jim Stier - $670,00, Art Keller - $650.00, Owen Burgin - $570.00. Monthly Salary: Wyman E. Nelson - $1,000.00. Yearly Salaries: Councilmembers: Frank Drbal - $1,000.00, Jerome Jenny - $1 ,000.00, Mary Jo Kubie - $1,000.00, J. Merton Kuhr - $1 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 - WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 ATTEST: VERNA R. BU L, CITY CLERK $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 M. STANLEY JEN (SEAL) STATE OF NEBRASKA ) )ss 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 10 th day of August, 1982. 10th day of August, 1982. I1 /�1 VERNA R. BULL, CITY CLERK AYOR WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 -ORDINANCE NO. 1336 AN ORDINANCE AMENDING THE :.Z'O'NING - ORDIN.ANC.ES AND THE OFFICIAL ZONING MAP OF THE CITY OF BLAIR,; NEBRASKA, BY REZONING THE NORTH ONE HUNDRED FORTY FEET (140q OF LOT .TWO (2) IN BRUNTON'S ADDITION TO THE CITY OF . BLAIR, 'NEB.RASKA LESS A TRACT OF LAND COMPRISING THIRTY -THREE AND NINE- TENTHS {33.9) SQUARE. FEET, MORE OR LESS, HERETOFORE CONVEYED TO THE STATE OF NEBRASKA ON MAY 21, 1965 BY DEED RECORDED JUNE 14, 1965 114'1300K' 89 OF DEEDS AT PAGE 674 IN WASHINGTON COUNTY, NEBRASKA, FROM CH -- HIGHWAY COMMERCIAL DISTRICT TO CL-- LIMITED.COMMERCIAL DISTRICT; REPEALING ALL 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 MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The zoning ordinances and official zoning map of the City of Blair, Nebraska, are hereby amended so as to provide and reflect that THE NORTH ONE HUNDRED FORTY FEET (140') OF LOT TWO (2) IN BRUNTON'S ADDITION TO THE CITY OF BLAIR, NEBRASKA LESS A TRACT OF LAND COMPRISING THIRTY -THREE AND NINE - TENTHS (33.9) SQUARE FEET, MORE OR :LESS, HERETOFORE CONVEYED TO THE STATE OF NEBRASKA ON MAY. 21, 1965 BY DEED RECORDED JUNE 14, 1965 IN BOOK 89'0F DEEDS AT PAGE 674 IN WASHINGTON COUNTY, NEBRASKA, shall henceforth be zoned CL-- Limited Commercial District until further amended by the Mayor and City Council the City of Blair, Nebraska. SECTION 2. All ordinances or conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed and approved this . 24th day of August, 1982. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) BY parts of :ordinances CITY OF BLAIR, NEBRASKA M. STANLEY JENSEi,'-MAYOR of in 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 24th day of August, 1982, VERNA B. BULL, CITY CLERK ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10 -117 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR THE HOURS DURING WHICH INTOXICATING LIQUQRS CAN BE SOLD AND DISPENSED AND GENERALLY PROVIDING FOR THE HOURS DURING WHICH BEER AND WINE CAN BE SOLD AND DISPENSED, REPEALING ALL 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 MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 10 -117 of the Municipal Code of of the City of Blair, Nebraska, is hereby amended to read as follows: ALCOHOLIC BEVERAGES; HOURS OF SALE. It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the Municipality except during the hours provided herein: HOURS OF Alcoholic Liquors (except Secular Days Off Sale 6: On Sale 6: Sundays Off Sale On Sale 6 Beer and Wine Secular Days Off Sale On Sale Sundays Off Sale On Sale 6 6 SALE beer and wine) 00 A.M. to 1:00 A.M. 00 A.M. to 1 :00 A.M. Prohibited 00 P.M. to 1:00 A.M. A.M. to 1:00 A.M. A.M. to 1 :00 A.M. 6•00 A.M. to 1:00 A.M. 6•00 A.M. to 1:00 A.M. Provided that such limitations shall not apply after twelve (12:00) o'clock Noon on Sunday to a licensee which is a nonprofit corporation. No person or persons shall consume any alcoholic beverage on licensed premises for a period of time longer than fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises. For the purposes of this Section, "on sale" shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment; "off sale" shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment. Nothing in this Seciton shall be construed to prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this Section. SECTION 2. Section 10 -117 of the Municipal Code conflict herewith and all other ordinances or parts of ordinances WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 in in conflict herewith are hereby repealed. SECTION 3. 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 day of November, 1982. ATTEST: M. STANLEY JENSEN, MAYOR VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL hereby certifies that she is the duly appointed, qualifed and acting City Clerk oif 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 day of November, 1982. VERNA R. BULL, CITY CLERK WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123 QRDINANCE NO,.. 1337 AN ORDINANCE AMENDING SECTION 10 -1802 OF THE MUNICIPAL CODE OF THE CITY OF : BLAIR., NEBRASKA, GENERALLY PROVIDING FOR AN INCREASE OF THE 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: BE IT ORDAINED BY MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. . SECTION 1. That Section 18 -1802 of the Municipal Code of the City'of.Blair, Nebraska, is' hereby amended to read as follows; §10 -18 :02 OCCUPATION' TA-X AMOUNTS. There• is •hereby levied an occupation ; tax aupon each and • every occupation and business . within the ..corporate limits of the City of Blair,' Nebraska as hereinafter •enumerated in the . several different amounts. and . upon the s everal . respective,. occupations, .professions and lines of business ,as: • Auctioneers offering for .gale goods, .;mer- • chandise and livestock, of any kind,: • .five ($5.00). dollars per ,day, or twenty -five ($25.00) dollars • per year. 'Billboard Advertising: :1'.Bill posting on . billboards located oil private property by persons, firms or corporations for' pay or hire, five ($5.:00) dollars per. year, per board. • . . Billiard Hall. or ' Pool Hall: First (1st) table per year . twenty -five' . ($25.00) dollars. ..Each additional table five ($5.00) dollars per year. Bottle Club: Two hundred fifty ; . ($25 . 0.00) dollars per : year except that ` said occupation tax shall not apply to non- profit corporations as . ex- empted • from payment •of federal income taxes,. as provided by Se ctions 501(c), (4) , (7)or(8), Internal Revenue Code of 1954, as Ameri,ded. ; Bottle Club or Class "H" license .operated. by non - .profit corporation as exempted from payment : of . federal :income ta two hundre.d ($200.00). : dollars per year. Bowling, Alley: First (:1st) alley per year, twenty -five: ($2.5.00) dollars. , Each additional alley per year, five ($5..00) dollars., Buses, Bus Lines and Taxis transporting passengers for hire from any, ;place within the _City to other parts within or • without .' the City, ten, ($10.00) dollars per year. Circus,' circus parade where tent is .:,out- , side of City limits, carnivals and .: other rides or shows under canvas or.. in open air,:: per day twen- ty -five. ($25.00) dollars. Concessions, Concession Stands, including those at carnival's., per day . f ive ;($5.00) dollars, per year fifty ($5.0.00) dollars .: • Express Companies .in intrastate business to and from the City of Blair•,• per; year five ($5.:00) dollars. . .Hawkers, Peddlers or sellers of goods at • retail by sample or by taking ,orderrs,.' from door. 'to door, including itinerant magazine or .book agents for each such person, five ($5.00) dollars, per - day or fifty ($50.00) dollars. per •year..' WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 Motion •Picture Houses, per year ten ($.10.00) dollars. Physicians, Surgeons, - Opticians', 'Optome- .trists,' Osteopaths, Chiropractors, :Chiropodists, or any other person practicing the healing art . under advertisment ' Or • announcement that their 'service or merchandise is available in said City. for a .limited time, per day five :($5.00) dollars, per year'.,fifty ' dollars; Provided the above tax shall not apply • to practitioners Called for , consultation or diagnosis or if a member of the,` staff of any local hospital. • Railroad Companies carrying. and trans- porting freight or passengers: for hire in or : out of the City, per year ten ($:10.00) dollars. Skating Rinks, portable or ",otherwise, per year fifty ($50.00) dollars. T.r -ucks, - Truck... - •ines,.i or -- .;Transportation... 'Companies transporting , freight : fo hire. froth. any place within the City of • Blair toi`' other. points or places! within:. the State of Nebraska,.! and • from! .out - side the City . and within, said iSt'ate to or within the 'corporate limits :Of the City- Blair,: Nebraska, for each truck or truck line,, per day.:. one ($1.00), dol- lar, per year • ten . ($10.09-, dollars. • Manufacturer •of. .Alcohol` and Spirits or either, one thousand ($1,000.0.0) dollars per year. 'Manufacturer. of 'Beer with- capacity .of one hundred (100) .barrels 'daily or *less, • • one hundred ($100.00) ..dollars per year; ,with ; capacity of one hundred (100) :to one hundred :fifty (159) barrels per day, two hundred. ($200.00) dollars . per :year; • and, with capacity in • excess Of two hundred , (200) barrels daily, five :hundred ;.(.$5001.00)' dollars per year.. Manufacturer of Wine, ' two hundred fifty •($250.'00)... dollars• per year. : 'Alcoholic Liquor Distributor, except beer, . five hundred ($500.00) dollars; per year. Beer. .Distributor, one.' htindred, fifty ($150..00) dollars 'per year. . Retailer of. Beer only, 'for consumption on the premises, fifty ($50.00) .dollars per year:. Retailer of 'Beer:only, for .consumption off the premises, sales in original package. only, twen- ty -five' ($25.00) : per year. Retailer' of :Alcoholic; Liquors for • consump- tion on the premises and .off 'the premises, five hun- dred, ($500;00) dollars, per year. Retailer • of Alcoholic: Liquors for consume= • tion off the premises,' sales, in original package • only, one hundred seventy -five ($175.00) dollars per year. Non - beverage Users of Liquors Class 1, five ($5.00) dollars per year; Class. 2, twenty -five ($25.00) dollars; ;per year; Class.! 3, fifty - ($50.00) dollars per year; Class ' 4, one: hundred ($100.00) dollars per year; Class :5; two hundred fifty ($250.00) dollars per year. Fireworks' each year, five hundred ($500.00) dollars. Electricians, twenty -five ($25.00) dollars per year. • PINBALL • 'MACHINES; EL'ECTRONIC GAMES AND - r - OTHER COIN OR TOKEN AMUSEMENT GAMES, Dollars ($ ) per year per machine. SECTION 2. , ,Section 18 -1'802 of the Municipal Code in conflict herewith and all other ordinances or parts of ordinances WYMAN E. NELSON, Attorney at Law . . 1645 Front Street : Blair, Nebraska 68063 . (402) 426 - 6123,' in conflict herewith are hereby repealed.. SECTION 3. This ordinance'shall be in force and take effect from and after its passage,, approval and publication as provided by law. Passed and apprpoved this day of December, 1982.. ATTEST: VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) M. STANLEY JENSEN, MAYOR Douglas E. Bullock hereby certifies ;.ghat tie is the duly apointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was defeated at a,regular meeting of the Mayor and City Council of said City held on the 14th day of December, 1982. /i4 64a Douglas E. Bu 1dc;k CITY Administrator WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426 -6123 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2 -801, 10 -2103 AND 6 -319 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, CREATING SECTIONS 6- 319.01 THROUGH 6- 319.09 INCLUSIVE OF THE MUNICIPAL CODE OF THE CITY OF BLAIR GENERALLY PROVIDING FOR REGULATION AND CONTROL OF PLANTING OF STREET TREES, PARK TREES, AND OTHER TREES ON PUBLIC PROPERTY, DESIGNATING TREE SPECIES LISTS WHICH ARE PERMISSABLE PLANTINGS, REGULATING THE PLANTING DISTANCE OF TREES ON CITY RIGHT OF WAY, IN CITY PARKS, AND ON CITY PROPERTY, ESTABLISHING RESTRICTIONS CONCERNING TREE TOPPING, PRUNING, CORNER CLEARANCE, REMOVAL OF STUMPS, INTERFERENCE WITH THE MUNICIPAL PARK ADVISORY BOARD OR CITY FORESTER AND PROVIDING FOR THE REMOVAL OF DEAD, DISEASED, OR INJURED TREES ON PRIVATE PROPERTY, REPEALING ALL 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 MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That Section 2 -801 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: PARK ADVISORY BOARD. The Park Advisory Board shall consist of six (6) members, all of whom shall be resident freeholders of the Municipality. Members shall be appointed by the Mayor with the consent of a majority of the City Council. Said members shall serve for a term of three (3) years, and two (2) appointments to said Board shall be made by the Mayor with the approval of the City Council each year, that appointment to be effective on the second (2nd) Monday in January of each year. The members of the Park Advisory Board shall hold their first (1st) meeting following the second (2nd) Monday in January of each year. They shall organize by electing one (1) of their members as chairman. Four (4) members of the Board shall constitute a quorum for meetings. Before entering upon his duties, each member of the Board shall take an oath to be filed with the Municipal Clerk that he will faithfully perform the duties of his office and will not in any manner be actuated or influenced by personal or political motives. Each member of the Board shall receive a salary of ten dollars ($10.00) per annum. The members of the Board shall have charge of all of the parks belonging to the Municipality and shall have the power to establish rules for the management, care, and use of the same. It shall be their duty to lay out, improve, and beautify all grounds and buildings now owned or hereafter acquired for public parks and to employ such persons as may be necessary for the proper care and maintenance of such parks, and the improvements and beautifying thereof, to the extent that funds may be provided for such purposes. It shall further be the responsibility of the Board to study, investigate, council, and develop and /or update as directed by the Mayor WYMAN N. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 and City Council, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas or publicly property. Such plan shall be presented as directed by and to the Mayor and City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Blair. The Board, when requested by the Mayor and City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. The municipality by and through the Park Advisory Board shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right of way of all streets, alleys,, avenues, boulevards, lanes and all public parks and public grounds, as may be necessary to insure public safety or preserve or enhance the s-e-met-r-y and beauty of such public grounds. s , ,,,E.+vj The Board may remove or cause or order to be removed any tree, or part thereof, which is located on public right of way or public parks or land and which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. SECTION 2. That Section 10 -2103 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: TREE TRIMMERS; LICENSE, FEE, TERM, ISSUANCE. Every application for such Tree Trimmers License shall be referred to a Licensing Board consisting of the City Administrator, the City Utility Commissioner and one (1) other person appointed by the Mayor and confirmed by the Council, for investigation. If a majority of such Licensing Board shall consider that the applicant is competent to carry on the business described in the application, such application shall be approved and a license issued to the applicant by the City Clerk, which license shall be for the remainder of the calendar year in which same is issued. Provided, however, that the applicant shall pay a license fee to the City Clerk for the use of the General Fund of the City, the amount of which said license fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council, by resolution and the amount of said fee shall be appended to the Municipal Code of the City of Blair as part of an appendix designated by the title, "Permit, License and Application Fees." Provided, further, that said license shall not be issued until the applicant has filed with the City Clerk a surety bond in an amount not less than $15,000.00 indemnifying the municipality for any property damage or personal injury WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5128 sustained by the City or its personnel or for any other damage to said muncipality resulting from the activities for which he is licensed. SECTION 3. That Section 6 -319 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: MISDEMEANORS: DEFINITION OF TERMS AS APPLIED TO PROVISIONS CONCERNING TREES. For the purposes of Sections 6- 319.01 through 6- 319.09 inclusive the following definitions apply. (1) Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on municipal right of ways, on all streets, avenues, boulevards, alleys, or other transportationways within the municipality. (2) Park trees are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks and all other public lands owned by the municipality. (3) Small trees are defined as Crab Apple (small or no fruit only), Golden Rain Tree, Hawthorne (by special permission only), Hop Hornbean, Japanese Tree Lilac, Maple as follows: Amur Maple, Compectre or Hedge Maple, Tartarian Maple; Callery Pear in variety, and Redbud. (4) Medium trees are defined as Amur Cork Tree, ash as follows: Marshalls Seedless, Emerald, Mountain Ash; Birch as follows: Monarch Bird, Canoe Birch, River Birch; Buckeye as follows: Ohio or Yellow; Ginkgo, Linden as follows: Littleleaf and Redmond; Oak as follows: Bur, English, Sawtooth, Shingle, Swamp White, Pagoda Tree, Yellow Wood. (5) Large trees are defined as Hackberry, Honeylocust (thornless and padless only), Horse Chestnut, Kentucky Coffee Tree, Maple as follows: Black and Sugar; Oak as follows: Black, Red, Scarlett, White. SECTION 4. Section 6- 319.01 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANOR, PLANTING OF TREES. It shall be unlawful for any person, firm, city department, or other entity to plant any species of street trees other than those defined hereinabove as small trees, medium trees, and large trees without prior written permission of the City Forester. SECTION 5. Section 6- 319.02 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS, SPACING OF STREET TREES. It shall WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123 be unlawful for any person, firm, corporation, city department, or other entity to plant street trees with a minimum distance between small trees less than thirty (30) feet, a minimum distance between medium trees less that forty (40)_ feet, and a minimum distance between large digit °atoms trees of fifty (50) feet unless 5Terwise approved prior to the planting by written permission of the City Forester. SECTION 6. Section 6- 319.03 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS. PLANTING DISTANCE FROM CURB AND SIDEWALK OF PARK AND STREET TREES. It shall be unlawful for any person, firm, corporation, city department, or any other entity to plant street trees or park trees less than a minimum of three (3) feet from curbs, curblines, or sidewalks in the case of small trees, less than four (4) feet in the case of medium trees, and less than five (5) feet in the case of large trees. SECTION 7. Section 6- 319.04 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS. PLANTING DISTANCE FROM STREET CORNERS AND FIRE PLUGS OF STREET AND PARK TREES. It shall be unlawful for any person, firm, corporation, city department, or other entity to plant any street or park tree less than thirty - five (35) feet from any street corner, measured from the point of the nearest intersecting curbs or curblines. It shall further be unlawful for any person, firm, corporation, city department, or other entity to plant any street or park tree less than fifteen (15) feet from any fire hydrant. SECTION 8. Section 6- 319.05 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS, TREE TOPPING. It shall be unlawful for any person, firm, corporation, city department, or other entity to top any street tree, park tree, or any other tree on public property. Topping is hereby defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown. Trees severgaly damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Forester subject to the rules and regulations of the Department of Utilities governing the pruning and triming of trees interferrinig with utility lines. SECTION 9. Section 6- 319.06 of the Municipal Code of WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5128 the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS, PRUNING AND CORNER CLEARANCE OF TREES. It shall be the obligation and responsibility, and every owner of any tree overhanging any street or right of way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light from a street light along the street or interferes with the visibility of any traffic control device or sign. SECTION 10. Section 6- 319.07 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANOR, REMOVAL OF STUMPS. Any person, firm, corporation, or other entity removing any street or park trees shall remove the stumps from said trees below the surface of the ground so that the top of said stump shall not project above the surface of the ground. SECTION 11. Section 6- 319.08 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANOR, INTERFERENCE WITH PARK ADVISORY BOARD OR CITY FORESTER. It shall be unlawful for any person, firm, corporation, or other entity to prevent, delay or interfere with the City Forester, Park Advisory Board, or any of their agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removal of any street trees, park trees, or trees on private grounds as authorized by the Municipal Code. SECTION 12. Section 6- 319.09 of the Municipal Code of the City of Blair, Nebraska, is hereby created to read as follows: MISDEMEANORS: INJURY TO TREES. It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits. Any public WYMAN E. NELSON, Attorney at Law 1645 front Street Blair, Nebraska 68008 (402) 4264122 service company desiring to trim or cut down any tree, except on property owned and controlled by them, shall make an application to the City Forester to do so, and the written permit of the City Forester in accordance with their decision to allow such an action shall constitute the only lawful authority on the party of the company to do so. SECTION 13. Section 6 -319 as existing prior to the amendment made hereby is specifically repealed, those portions of Sections 2 -801 and 10 -2103 in conflict with the amendments herein are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are hereby specifically repealed. SECTION 14. This ordinance shall be in full force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 14th day of December, 1982. ATTEST: 9 -6*-6-‘44 M. STANLEY JENSEN, MAYCII Y ,a x,,,.42 Douglas; E. BiT1ocktI�Administrator STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Douglas E. Bullock hereby certifies that he is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraka, 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 December, 1982. uougtaa k. IstmoetCITy ' Adm1 Istrator 'WYMAN E. NELSON, Attorney at Law 1648 Front Street Blair, Nebraska 68008 (402) 426-6123