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1986ORDINANCE NO. 1427 AN ORDINANCE CREATING AND ESTABLISHING RULES AND REGULATIONS CONCERNING THE CIVIL SERVICE ACT AND THE CIVIL SERVICE COMMISSION OF THE CITY OF BLAIR, DEFINING THOSE PERSONS COVERED BY THE CIVIL SERVICE ACT, THE COMPOSITION, MEMBERSHIP, COMPENSATION, AND REGULATIONS CONCERNING THE MEMBERS OF THE CIVIL SERVICE COMMISSION, PROVIDING FOR EXAMINATIONS, POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION, APPOINTMENTS AND PROMOTIONS OF PERSONS UNDER THE CIVIL SERVICE ACT, AND PROVISIONS FOR DISCIPLINARY ACTI ©N AND PROCEDURES IN CONNECTION THEREWITH, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE BY PRINTING OF SAME IN PAMPHLET FORM, 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 the following rules and regulations are hereby established concerning the Civil Service Act and the Civil Service Commission of the City of Blair, Nebraska: ARTICLE I. IN GENERAL Section 1. Positions Covered. The Civil Service Act shall apply only to all present full -time police officers of the City, including any paid full -time police of such department, and future appointees to such full -time positions. Full -time police officers shall mean police officers in positions which require certification by the Nebraska Law Enforcement Training Center, who have the power of arrest, who are paid regularly by the City, and for whom law enforcement is a full -time career, but shall not include clerical, custodial, or maintenance personnel. Section 2. Position Creation and Elimination. All positions subject to the Civil Service Act shall be created or eliminated by the Mayor and Council. Section 3. Establishment of Salaries and Compensation. The Civil Service Act shall not be construed to infringe upon the power and authority of the Mayor an Council to establish salaries and compensation of all employees Section 4. Payment of Compensation for Services. No treasurer, auditor, comptroller, or bther officer or employee of the City - shall, subject to the Civil Service Act, approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of the Civil Service Act unless the person to receive such salary, wage, or other compensation has been appointed or employed in compliance with such Act. Section 5. City's Duty to Commission. The Mayor and Council sh -all provide the Commission with suitable and convenient rooms and accomodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the Commission and with such clerical assistance as may be necessary. It shall be the duty of the City to appropriate each fiscal year, from the general funds of the City, a sum of money sufficient to pay the necessary expenses involved in carrying out the purposes of such act, including, but not limited to, reasonable attorney's fees for any special counsel appointed by the Commission when the City Attorney is not authorized by the City Administrator to represent the Commission. The City Administrator may establish the hourly or monthly rate of pay of such special counsel. The City shall afford the Commission, its members and employees, all reasonable facilities and assistance to inspect all books, papers, documents, and accounts applying or in any way appertaining to any and all positions and employments subject to civil service and shall produce such books, papers, documents and accounts. All city officers and employees shall attend and testify whenever required to do so by the Commission, the accused, or the City Administrator. Section 6. Political Fund Contribution and Political Service. No person holding any position subject to civil service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever. No person shall be removed, reduced in position or salary or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment, or compensation of any person under civil service, or promise or threaten to do so for giving, withholding, or neglecting to make any contribution of money, services, or any valuable thing for any political purposes. Section 7. Obstructing Examinations. No commissioner or any other person shall by himself or herself or in cooperation with one or more persons (1) defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regulations made pursuant to the Civil Service Act, (2) falsely mark, grade, estimate, or report upon the examination and standing of any person examined or certified in accordance with such act or aid in so doing, (3) make any false representation concerning the same or concerning the persons examined, (4) furnish any person any special or secret information for the urpose of improving or injuring the prospects or chances of any erson so examined or certified to be examined or certified, or 5) persuade any other person or permit or aid in manner any ther person to impersonate him or her in connection with any xamination, application, or request to be so examined. ARTICLE II. CIVIL SERVICE COMMISSION. Section 1. Civil Service Commission Created. There is lereby created in the City, a Civil Service Commission which ;hall have three (3) members who shall each be a citizen of the lnited States a resident of such City for at least three years .mmediately preceding such appointment, and an elector of the :ounty wherein such person resides. Section 2. Appointment of Members. The members of the :ivil Service Commission shall be appointed by the Mayor with the advice and consent of the City Council. At the time of any appointment, not more than two members of the Civil Service ,ommission, including the one or ones to be appointed, shall be - egistered electors of the same political party. Section 3. Members' Term of Office. All persons 1ppointed to the Civil Service Com mission•at the time of the passage of this ordinance shall remain in such position for the - emainder of their term. A term of appointment shall be for six (6) years. Section 4. Removal from Office. Any member of the 3ivil Service Commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or )ther good cause by the Mayor with the advise and consent of the City Council, except that no member of the Civil Service commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the Mayor and City Council. Section 5. Compensation of Members. Members of the civil Service Commission shall serve without compensation. Section 6. Meetings. The Civil Service Commission shall hold meetings as may be required for the proper discharge sf its duties. Section 7. Chairperson. The Civil Service Commission shall annually elect one of its members as chairperson. Section 8. Secretary and Chief Examiner. The Civil Service Commission shall appoint a secretary and a chief examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe. The Commission may merge the positions of secretary and chief examiner and appoint one person to perform the duties of both positions. The secretary and chief examiner shall be subject to suspension or discharge ipon the vote of a majority of the appointed members of the commission. Section 9. Quorom. Two (2) members shall constitute a quorum for the transaction of business. Section 10. Powers and Duties. (a) The Commission shall adopt and promulgate procedural rules and regulations which shall provide in detail the manner in which examinations may be held and any other atters aassigned to it by the City Administrator or Mayor. At east one copy of the rules and regulations, and any amendments, hall be made available for examination and reproduction by embers of the public. One copy of the rules and regulations and ny.am.endmerits . shall be given to each full -time police officer. (b). The : Commissien shall: provide that all tests shall niy of sub.3ee.ts ..which will fairly : examin.ed - to 40p01:ntmerit is to .s. ef . a.l 4$yehological testing. (c) The Commission shall provide, by the rules and eg for a credit or ten percent in favor of all pplieants for an appointment to an entry level position, as efined by the City Administrator under civil service who, in ime of war or in any expedition of the armed forces of the nited States, have served in and been honorably discharged from he armed forces of the United States and who have equaled or xceeded the minimum qualifying standards established by the City dministrator. (d) The Commission may conduct an investigation oncerning and report upon all matters regarding the enforcement nd effect of the Civil Service.Act and the rules and regulations rescribed. (e) The Commission may inspect all institutions, apartments, positions, and employments affected by such act to etermine whether such act and all rules and regulations are eing obeyed. Such investigations may be conducted by the Commission or by any Commissioner designated by the Commission for that purpose. The Commission shall also make a like investigation on the written petition of a citizen, duly verified, stating that irregularities or abuses exist or setting forth, in concise language, the necessity for such an investigation. The Commission may be represented in such investigations by the City Attorney, if authorized by the Mayor. If the City Attorney does net represent the Commission, the Commission may be represented by special counsel appointed by the Commission in any such investigation. In the course of such an investigation, the Commission, designated Commissioner, or chief examiner shall have the power to administer oaths, issue subpoenas to require the attendance of witnesses and the production by them of books, papers, documents, and the accounts appertaining to the investigation, and to cause the deposition of witnesses, residing within or without the state, to be taken in the manner prescribed by law for like depositions in civil actions in the courts of this state. The oaths administered and subpoenas issued shall have the same force and effect as the oaths administered by a district judge in a judicial capacity and subpoenas issued by the district courts of Nebraska. The failure of any person so subpoenaed to comply shall be deemed a violation of the Civil Service Act and be punished as such No investigation shall be made pursuant to this section if there is a written accusation concerning the same subject matter against a person in the Civil Service. Such accusation shall be handled pursuant to Section 5 of Article III of this ordinance. (f) The Commission shall provide that all hearings and nvestigations before the Commission, designated Commissioner, or hief examiner shall be governed by the Civil Service Act and the ules of practice and procedure to be adopted by the Commission. n the conduct thereof, they shall not be bound by the technical ules of evidence. No informality in any proceedings or hearing r in the manner of taking testimony shall invalidate any order, ecision, rule, or regulation made, approved, or confirmed by the ommission, except that no order, decision, rule, or regulation lade by any designated Commissioner conducting any hearing or nvestigation alone shall be of any force or effect unless it is oncurred in by a majority of the appointed members of the :ommission, including the vote of any Commissioner making the nvestigation. (g) The Commission shall establish and maintain a .ester of officers and employees. (h) The Commission shall provide for, establish, and cold competitive tests to determine the relative qualifications )f persons who seek employment in any position and, as a result ;hereof, establish eligible lists for the various positions. (i) The Commission shall make recommendations 3oneerning a reduction in force policy to the Mayor and Council )ut the Mayor and Council shall not be bound by such ~ecommendations. (j) The Commission shall keep such records as may be necessary for the proper administration of the Civil Service Act. (k) The Commission, upon request of the City Eidministrator, shall establish and maintain a list of names and ddresses, for a period of time established by the City dministrator, of those eligible for appointment to or promotion ithin the department. (1) The Commission, upon request of the City dministrator, shall certify the names of the persons who are the ighest on the eligible list as required by the statutes of the tate of Nebraska, following the most recent examination, and cations have . been validated by the Commission for he poeit .tarp. The Commission shall begin and conduct all civil uits which may be necessary for the proper enforcement of the ivil Service Act and of the rules of the Commission. The ommission may be represented in such suits and all nvestigations pursuant to the Act by the City Attorney if uthorized by the Mayor. If the City Attorney does not represent he Commission, the Commission may be represented by special ounsel appointed by it in any particular case. ARTICLE III. CIVIL SERVICE PROVISIONS. Section 1. Appointments and Promotions. All ppointments to and promotions in the police department shall be ade solely on merit, efficiency, and fitness, which shall be scertained by open competitive examination and impartial nvestigation by the Commission. Appointments shall mean all eans of selecting, appointing, or employing any person to hold ny position or employment subject to civil service. Promotion r demotion shall mean changing from one position to another, ccompanied by a corresponding change in current rate of pay. asition shall mean an individual job which is designated by an fficial title indicative of the nature of the work. Section 2. Requirements for Civil Service Position pplicants. An applicant for a position of any kind under civil ervice, shall be able to read and write the English language, eet the minimum job qualifications of the position as stablished by. the City Administrator, and be of good moral kiaracter. An applicant shall be required to disclose his or her asst employment history and his or her criminal record, if any. rior` to certifying to the =Mayor the name`s of the persons ligible.for the position or positions, the Commission shall alidate the qualifications of such persons. Section 3. Filling of Vacant Positions. (a) If the Mayor fills a vacancy in a position subject o the Civil Service Act, he or she shall consider factors ncluding, but not limited to: (1) The multiple job skills recently or currently being performed by the applicant which are necessary for the position; (2) The knowledge, skills, and abilities of the applicant which are necessary for the position; (3) The performance appraisals of any applicant who is already employed in the department, including any recent or pending disciplinary actions involving the employee; (4) The employment policies and staffing needs of the department together with contracts, ordinances, and statutes related thereto; (5) Required federal, state, or local certifications or licenses necessary for the position; and (6) The qualifications of the applicants who are already employed in the department and have successfully completed all parts of the shall examination for the position. No person be reinstated in or transferred, suspended, or discharged from any such position or..: employment contrary to the Civil Service Act. (b) Procedure for Filling Vacant Positions. Whenever a >osition subject to the Civil Service Act becomes vacant, the iayor shall make requisition upon the Commission for the names Ind addresses of the persons eligible for appointment and may lecline to fill such vacancy for an indefinite period. If the :ommission certifies fewer than three names for each vacancy to .he Mayor, the Mayor may appoint one of such persons to fill the acancy, may decline to fill the vacancy, or may order that nother examination be held by the Civil Service Commission. (c) Temporary Appointments. If a vacancy occurs and here is no eligible list for the position or if the Commission as not certified persons from the eligible list, a temporary ppointment may be made by the Mayor. Such temporary appointment hall not continue for a period longer than four months. No erson shall receive more than one temporary appointment or serve Lore than four months as a temporary appointee in any one fiscal ear. Section 4. Probationary Period. To enable the Mayor to ercise the choice in the filling of positions, no appointment, tployment, or promotion in position in the service shall be :erred complete until after the expiration of a period of not :ss than six months nor more than one year after certification r the Nebraska Law Enforcement Training Center for police rficers, during which time the Mayor may terminate the nployment of. the .person appointed by him or her if, during the =rforearanee test thus afforded and upon an observation. Or itisideratiofl of - the _performance of duty, the Mayor deems •.such, croon unfit or unsatisfactory for service in the department. ne Mayor may appoint one of the other persons certified by the )m mission and such person shall likewise enter upon such duties ntil some person is found who is fit for appointment,.employment r promotion for the probationary period provided and then the ppointment, employment, or promotion shall be complete. Section 5. Disciplinary Actions. (a) Tenure of Employment. The tenure of a person olding a position of employment under the Civil Service Act hall be only during good behavior. (b) Causes for Disciplinary Action. Any such person lay be removed or discharged, suspended with or without pay, .emoted, reduced in rank, or deprived of vacation, benefits, :ompensation, or other privileges, except pension benefits, for my of the following reasons: (1) Incompetency, inefficiency, or inattention dereliction of duty; (2) Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or .a fellow employee, any at of omission or commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself or herself, or any willful violation of the Civil Service Act or the rules and regulations adopted ursua h..rheh t employee holds; (.I) Drunkeness unfitness for .the or the use of intoxicating liquors, narcotics, Or any other habit- forming drug, liquid or preparation to such an extent that the use interferes with the efficiency or mental or physical fitnesss of the employee or precludes the employee from properly performing the functions and duties of his or her position; (5) Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively perform the duties of his or her position; or (6) Any other act or failure to act which, in the judgment of the Civil Service Commissioners is sufficient to justify the offender to be an unsuitable and unfit person to be employed in the public service. (e) Disciplinary Action Procedure. (1) No employee .in the civil service who shall have been permanently appointed or inducted into civil service shall be removed, suspended, demoted, or discharged, except for cause and then only upon the written accusation of the Police Chief, City Administrator, or any citizen or taxpayer. emp_lsye = the written accusation shall be filed by the .complainant with the Secretary of the Commission who shall cause a copy of such written accusation to be delivered within seventy -two (72) hours after the filing (a) to the Police Chief (b) to the Mayor, and (c) to the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the Secretary's office. (3) The Police Chief shall have the authority to immediately suspend, with pay, an employee against whom such written accusation has been filed, pending the confirmation of the suspension, or a decision of the Mayor to reinstate the employee, remove, demote, discharge, or suspend the employee, with or without pay. (4) Prior to the decision of the Mayor to reinstate the employee or remove, demote, discharge, or suspend the employee, with or without pay, the Police Chief shall within a reasonable' period of time investigate employer's' eyi:denoe` t the ' eatgTdye':` ect= prv` the employee an opportunity to present his or her version of the circumstances which resulted in the filing of the written accusation. If the Chief's investigation reveals other misconduct, charges, or grounds the Chief shall amend the written accusation to include the other misconduct, charges, or grounds by filing an amendment to the written accusation with the Secretary of the Commission who shall cause a copy of such amended accusation to be delivered within seventy -two (72) hours after the filing (a) to the Police Chief, (b) to the Mayor, and (c) to the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed Kand filed in. the Secretary's office. In the event that a Police Chief is being disciplined,! the City Adminstrator shall follow the same procedures as are followed by the Police Chief in disciplining employees under the. :Act. Upon completion of this procedure eme warrant disc =p mar t; >_ac on; (3) :ter ~% grant .disciplinary action:.. Tess ..severe than removal, demotion, discharge, or suspension, with or without pay, sun as= an oral: _or. written reprimand, or (4) to warrant .removal, demotion,-. , discharge, or suspension, with or without pay. (5) Within ten (10) calendar days after receiving the written recommendation of the Police Chief, the Mayor shall decide to accept the recommendation of the Police Chief, or shall decide that the alleged misconduct, charges, or grounds for investigation against the employee set forth in the written accusation be deemed: (1) to be without merit, (2) to not warrant disciplinary action, (3) to warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand, or (4) to warrant removal, demotion, discharge, or suspension, with or without pay. The Mayor shall file a copy of his or her decision within fourteen (14) calendar days after receiving the written recommendation of the Police Chief with the Secretary of the Commission who shall cause a copy of such decision to be delivered within seventy -two (72) hours after the filing (a) to the Police Chief, and (b) to the employee, personally or by certified mail, addressed to the employee at the residence - :address-of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in . the Secretary's office. (6) Any employee so removed, suspended, demoted or discharged may, within ten (10) calendar days after receiving written notice of the Mayor's decision, file a written demand for an investigation and public hearing by the Civil Service Commission. The employee shall file the request for the hearing with the Secretary of the Commission and simultaneously send a copy of the request to the Mayor. The failure to file such a request with the Secretary of the Commission within ten (1 0) calendar days of receipt of notice of the action by the Mayor shall constitute a waiver of the employee's right to review by the Civil Service Commission and the Mayor's decision shall b come final. (7) Within five (5) calendar days of receipt of the employee's notice of appeal, the City Administrator shall cause to be mailed or delivered the following notice to the employee and Secretary of the Civil Service Commission: (a) A Statement of the charge(s); (b) The names of the witnesses who will be Called to give _testimony and -a general statement, of tbe.nature .of. (e) Copies of the documents to be introduced. (8) Within five (5) calendar days of the filing of written demand for an investigation and public hearing by the Commission, the employee shall mail or deliver the following upon the City Administrator and Commission. (a) A response to the statement of the charge(s); (b) The names of the witnesses will be called on behalf of the employee and a general statement of the nature of their testimony; and (c) Copies of the documents to be introduced. (9) Upon receipt of a written demand, the Commission shall conduct an investigation. The Commission may be represented in such investigation and public hearing by the City Attorney if authorized by the City Administrator. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission for any such investigation and hearing. The investigation shall consist solely of a review of the written- submissions of the City, _Administrator, :anti. - employee , ;to:. determine . _ _ _ whether any individuals ar documents should be subpoenaed by the Commission: for the subsequent public hearing before the Commission ultimately to determine whether the Mayor acted in good faith for cause. Good faith for cause shall mean that the action was not arbitary or capricious and was not made for political or religious reasons. (10) The Commission shall schedule a public hearing no less than ten (10) nor more than twenty (20) calendar days from the date of filing of the employee's written demand for an investigation. The Commission shall notify the City Administrator and employee in writing at least five (5) calendar days prior to the date of the hearing, of the date, time, and place of the hearing. (11) The City Administrator or Mayor shall be e permitted to appear in person and by counsel and to present his or her case. The City Administrator or Mayor may present evidence by testimony and documents and shall be permitted to cross- examine the employee's witnesses. At the hearing, the employee shall be permitted to appear in person and by counsel and to present his or hers :defense. The employee may present evidence by testimony and documents and shall be perm t:t.ed, tc . cross- examine:the:; witnesses called by the City Administrator or Mayor. (12) The Commission may affirm the action taken by the Mayor if such action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of such employee in the position or employment from which such employee was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle such person to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion, or discharge. (13) After the hearing, in lieu of affirming the removal, suspension, demotion, or discharge, the Commission may modify the order of removal, suspension, demotion, or discharge by directing a suspension, with or without pay, for a given period and the subsequent restoration to duty or demotion in position or pay. No later than ten (10) calendar days after the hearing the Com®ission, shall certify its findings in .writing to :thhe .emp:loyee and :the ±nj:s_trator who-, shaileriforce them. Section 6. Reduction In Force Policy. (a) Establishment. The Mayor and Council in establishing a reduction in force policy shall consider recommendations from the Civil Service Commission, but shall not be bound by them. Prior to the adoption of a reduction in force policy the Mayor and Council shall, after giving reasonable aotice to each police officer by first -class mail, conduct a public hearing. (b) Factors. The Mayor and Council shall adopt a - eduction in force policy which shall consider factors including put not limited to: (1) The multiple job skills recently or currently being performed by the employee; (2) The knowledge, skills, and abilities of the employee; (3) The performance appraisal of the employee including any recent or pending disciplinary actions involving the employee;, (4) The employment policies and staffing needs of the department together with contracts, ordinances, and statutes relating thereto; (5) Required federal, state, or local certifications or licenses; and (6) Seniority. Section 7. Leave of Absence. A leave of absence with r without pay may be granted by the City Administrator to any erson under Civil Service.- the City Administrator shall give otice of such leave to the Commission. All appointments for emporary employment resulting from such leaves of absence shall e made from the eligible list, if any, of the Civil Service. SECTION 2. All ordinances or parts of ordinances in onflict herewith are hereby repealed. SECTION 3. This ordinance shall be published by rinting of same in pamphlet form which shall be available for nspection at the office of the City Clerk and shall ,.be in full orce and effect from and following the passage and publication ereof as required by law. PASSED AND APPROVED this 14th day of January , 1986 TTEST: ERNA R. BULL, CITY CLERK SEAL) M. STANLEY JENSEN,//M TATE OF NEBRASKA ) )ss ASHINGTON COUNTY ) VERNA R. BULL, hereby certifies that she is the duly ppointed, qualified, and acting City Clerk of the City of Blair, ebraska, and that the above and foregoing Ordinance was passed t a regular meeting of the Mayor and City. Council of said City eld on the 14th day of "January, 1986, f� VERNA R. BULL, CITY CLERK ORDINANCE NO. 1428 AN ORDINANCE REZONING PART OF TAX LOT 165 LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TAX LOT 165; THENCE N 89 DEGREES 57 MINUTES 49 SECONDS EAST (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID TAX LOT 165 A DISTANCE OF 354.15 FEET; THENCE N 0 DEGREES 02 MINUTES 48 SECONDS EAST A DISTANCE OF 366.74 FEET; THENCE S 89 DEGREES 57 MINUTES 49 SECONDS WEST A DISTANCE OF 375.73 FEET TO A POINT ON THE EASTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 75; THENCE S 21 DEGREES 39 MINUTES 04 SECONDS E ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 54.69 FEET; THENCE CONTINUING ALONG SAID EASTERLY R.O.W. LINE S 0 DEGREES 12 MINUTES 00 SECONDS EAST A DISTANCE OF 315.90 FEET TO THE POINT OF BEGINNING; CONTAINING 3.00 ACRES, MORE OR LESS, FROM RM-- RESIDENTIAL MEDIUM DENSITY DISTRICT TO RMH- MULTI - FAMILY RESIDENTIAL HIGH DENSITY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of PART OF TAX LOT 165 LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TAX LOT 165; THENCE N 89 DEGREES 57 MINUTES 49 SECONDS EAST (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID TAX LOT 165 A DISTANCE OF 354.15 FEET; THENCE N 0 DEGREES 02 MINUTES 48 SECONDS EAST A DISTANCE OF 366.74 FEET; THENCE S 89 DEGREES 57 MINUTES 49 SECONDS WEST A DISTANCE OF 375.73 FEET TO A POINT ON THE EASTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 75; THENCE S 21 DEGREES 39 MINUTES 04 SECONDS E ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 54.69 FEET; THENCE CONTINUING ALONG SAID EASTERLY R.O.W. LINE S 0 DEGREES 12 MINUTES, 00 SECONDS EAST A DISTANCE OF 315.90 FEET TO THE POINT OF BEGINNING; CONTAINING 3.00 ACRES, MORE OR LESS, from RM -- Residential Medium Density District to RMH -- Multi- Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 14thday of January, 1986. M. STANLEY JENS OR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of January, 1986. 'STERNA R. BULL, CITY CLERK ORDINANCE NO. 142q AN ORDINANCE AMENDING SECTION 801.02 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, SO AS TO INCLUDE AS A PRINCIPAL USE UNDER PERMITTED PRINCIPAL USES AND STRUCTURES, MINI STORAGE GARAGES, BUILDINGS, AND COMPLEXES (INSIDE STORAGE ONLY), IN ADDITION TO THE CURRENT PRINCIPAL USES, 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 801.02 of the zoning regulations of the City of Blair is hereby amended to read as follows: 801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right: (1) Establishments which provide services or supply commodities primarily for the convenience of patrons traveling on state highways and major county road entrances to the community including: Auditorium, exhibition hall, club Athletic complexes and health centers Bars, cocktail lounges or nightclubs Bowling alley Bus depots and transit stations Business and professional offices Car wash Dry cleaning and laundry Farm implement and farm machinery fabrication, sales and service Farm equipment and supplies, sales and service Furniture stores Garden and lawn supplies stores, nurseries and greenhouses Hotels and motels Ice cream and confectionary stores Lumber and building materials Mini storage, garages, buildings and complexes (inside storage only) Mobile home sales Public utility structures, services and facilities Repair garages Restaurants, including drive -in restaurants Service stations (gasoline) including dispersion of diesel fuel and complete truck service Soda fountains Recreational vehicle sales and service and rentals Car sales, both new and used with full service and repairs. ATTEST.: (2) Signs subject to SECTION 1114 of this Ordinance. (3) Road side rest areas. 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 and approval as provided by law. Passed and approved this 14th VERNA R. BU L, CITY C ARK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) day. of January, 1986. M. STANLEY II. M YOR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of January, 1986. VERNA R. BULL, CITY CLERK AN ORDINANCE REZONING THE SOUTH 160 FEET OF THE NORTH 300 FEET OF LOT 2 , AND THE SOUTH 245 FEET OF LOTS 1 AND 2 , IN BLOCK 1 1 1 , IN THE 8TH ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM-- RESIDENTIAL MEDIUM DENSITY DISTRICT TO CH -- HIGHWAY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the South 160 feet of the North 300 feet of Lot 2, and the South 245 feet of Lots 1 and 2 , in Block 1 1 1 , in the 8th Addition to the City of Blair, Washington County, Nebraska, from RM -- Residential Medium Density District to CH -- Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the, passage and publication hereof as required by law. Passed and approved this ATTEST L .,.€444, 1 1 41e - 64o VERNA R. BULL, CITY CLERK (SEAL) ORDINANCE NO. 1430 14th day of January, 1986. M. STANLEY JE,E LIAY R 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 14th day of January, 1986. 21;(24/244/41/Le./ VERNA R. BULL, CITY CLERK ORDINANCE NO. 1431 AN ORDINANCE REZONING PART OF TAX LOT 165 LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID TAX LOT 165 AND ASSUMING THE SOUTH LINE OF SAID TAX LOT 165 TO BEAR NORTH 89 DEGREES 57 MINUTES 49 SECONDS EAST; THENCE NORTH O.DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE EASTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 75 A DISTANCE OF 40.0 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 49 SECONDS EAST A DISTANCE OF 397.68 FEET; THENCE NORTH O DEGREES 02 MINUTES 48 SECONDS EAST A DISTANCE OF 326.74 FEET; THENCE S 89 DEGREES 57 MINUTES 49 SECONDS WEST A DISTANCE OF 419.09 FEET TO A POINT ON THE EASTERLY R.O.W. LINE OF U. S. HIGHWAY NO. 75; THENCE SOUTH 21 DEGREES 39 MINUTES 04 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 54.69 FEET; THENCE CONTINUING ALONG SAID HIGHWAY R.O.W. LINE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST A DISTANCE OF 275.90 FEET TO THE POINT OF BEGINNING; CONTAINING 3.00 ACRES, MORE OR LESS, FROM RM-- RESIDENTIAL MEDIUM DENSITY DISTRICT TO RMH- MULTI - FAMILY RESIDENTIAL HIGH DENSITY DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Mayor and City Council passed Ordinance No. 1428 which provided for the rezoning of the land described therein from RM- Residential Medium Density District to RMH- Multi- Family Residential High Density District; and, WHEREAS, the legal description was in error and should be corrected. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of PART OF TAX LOT 165 LYING IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND FURTHER DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID TAX LOT 165 AND ASSUMING THE SOUTH LINE OF SAID TAX LOT 165 TO BEAR NORTH 89 DEGREES 57 MINUTES 49 SECONDS EAST; THENCE NORTH 0 DEGREES 12 MINUTES 00 SECONDS WEST ALONG THE EASTERLY R.O.W. LINE OF U.S. HIGHWAY NO. 75 A DISTANCE OF 40.0 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 49 SECONDS EAST A DISTANCE OF 397.68 FEET; THENCE NORTH 0 DEGREES 02 MINUTES 48 SECONDS EAST A DISTANCE OF 326.74 FEET; THENCE S 89 DEGREES 57 MINUTES 49 SECONDS WEST A DISTANCE OF 419.09 FEET TO A POINT ON THE EASTERLY R.O.W. LINE OF U. S. HIGHWAY NO. 75; THENCE SOUTH 21 DEGREES 39 MINUTES 04 SECONDS EAST ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 54.69 FEET; THENCE CONTINUING ALONG SAID HIGHWAY R.O.W. LINE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS EAST A DISTANCE OF 275.90 FEET TO THE POINT OF BEGINNING; CONTAINING 3.00 ACRES, MORE OR LESS, from RM- Residential Medium Density District to RMH -- Multi- Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. Ordinance No. 1428 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this llth day of February, 1986. S;t M. STANLEY DENSE/P, OOR ATTEST: ?A� 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 11th day of February, 1986. // VERNA R. BULL, CITY CLERK ORDINANCE NO. 1432 AN ORDINANCE PROVIDING FOR THE SALE OF LOTS 4 AND 5 IN DEXTER'S SECOND ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, TO LE ROY LARSEN, 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 the real estate described as Lots 4 and 5 in Dexter's Second Addition to the City of Blair, Washington County, Nebraska, should be sold and conveyed by the City of Blair to LeRoy Larsen. SECTION 2. That the consideration to be paid by LeRoy Larsen for such real estate is the sum of $10,026.00. SECTION 3. That the Mayor and City Clerk of the City of Blair, Nebraska, are hereby authorized and directed to execute any and all necessary documents to effectuate such conveyance. SECTION 4. All ordinances or parts of ordinances in conflict herewitih are hereby repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 8th day of April, 1986. ATTEST: -14e=4-/ I ,,, VERNA R. BULL, CITY CLERK (SEAL) M. STANLEY JEN$ N,ytYOR 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 8th day of April, 1986. le/e9 VERNA R. -BULL, CITY CLERK ATTEST: VERNA R. BULL, CITY eLERK (SEAL) ORDINANCE N0. 1433 AN ORDINANCE. REZONING LOTS 29 AND 30 IN BLOCK 14 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM ML- -LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT TO. RML- MULTI - FAMILY LOW RESIDENTIAL DENSITY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots 29 and 30 in Block 14 in the City of Blair, Washington County, Nebraska, from ML -Light Industrial and Manufacturing District to RML -- Multi - Family Low Residential Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 8th day of April, 1986. 9 :6eAk2 , g t , M. STANLEY JENSEAP/, MOOR 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 8th day of April, 1986. /L A -- 44::I VERNA R. BULL, CITY CLERK ORDINANCE NO. 1434 AN ORDINANCE REZONING LOTS 1 AND 2 IN SKOBO ACRES IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM MH- -HEAVY INDUSTRIAL AND MANUFACTURING DISTRICT TO RMH -- MULTI - FAMILY RESIDENTIAL HIGH DENSITY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots 1 and 2 in Skobo Acres in the City of Blair, Washington County, Nebraska, from MH -Heavy Industrial and Manufacturing District to RMH -- Multi - Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 8th day of April, 1986. ATTEST: 1 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 8th day of April, 1986. l /A44.,(/ /1 VERNA R. BULL, CITY CLERK ORDINANCE NO. 1435 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND CHAPTER 10, ARTICLE 1, OF THE MUNICIPAL CODE BY ADDING NEW SECTIONS TO THE CODE TO PROVIDE FOR MUNICIPAL EXAMINATION OF APPLICANT IN ACCORDANCE WITH THE NEBRASKA LIQUOR CONTROL ACT, REPEALING ALL OTHER ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, AND THAT THE SECTIONS MAY BE RENUMBERED; TO DECLARE AN EMERGENCY EXISTS AND TO DESIGNATE THIS ORDINANCE AS AN URGENT MEASURE; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM AND THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE, AND FINAL PUBLICATION UPON PROCLAMATION BY THE MAYOR OF THE MUNICIPALITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 10 -107 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: 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 the City Clerk by registered or certified mail. The Governing Body shall then meet and determine the desirability of the application and report its recommendation for approval or denial of the application in writing to the Nebraska Liquor Control Commision within forty -five (45) days of receipt from the Nebraska Liquor Control Commission. The Governing Body may examine, or cause to be examined, any applicant; examine, or cause to be examined, the books and records of any such applicant; to hear testimony, and to take proof for 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 City Attorney, to act on its behalf. The Governing Body may conduct the examination and hold the 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 be held, and at which time the Governing Body shall receive evidence, either orally or by affidavit, from the applicant and any other person concerning the propriety of the issuance of such license. Notice of the time and place of such hearing shall be published in a legal newspaper in, or of general circulation in, the municipality one (1) time not less than seven (7), nor more than fourteen (14) days before the time of the hearing. Such notice shall include, but not be limited to, a statement that all persons desiring to give evidence before the local Governing Body in support of or in protest against the issuance of such license may do so at the time of the hearing. Such hearing shall be held not more than twenty -one (21) days after the receipt of notice from the Commission. After such hearing, the Governing Body shall cause to be spread at large in the minute record of its proceedings a resolution recommending either issuance or refusal of such license. The Governing Body shall give an affirmative recommendation on a liquor license application only when the applicant has satisfactorily demonstrated that the issuance of the license is generally consistent with the City's liquor licensing standards and criteria. The City Clerk shall thereupon mail to the Commission by first class mail, postage prepaid, a copy of the resolution which shall state the cost of the published notice. SECTION 2. That Ordinance No. 1330, passed and approved on the 13th day of July, 1982, and all other ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. SECTION 3. It is the intention of the Governing Body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Blair, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION 4. The Governing Body hereby finds, determines, and declares that an emergency exists, and that it is necessary for the immediate preservation of the public peace, health, safety, and public interest and welfare of the City of Blair, Nebraska, and the inhabitants thereof, that the provisions of this Ordianance take effect immediately upon first publication in pamphlet form upon proclamation by the Mayor; and that this Ordinance is hereby declared and designated to be an urgent measure, and is hereby exempted from the referendum provisions of Article 25, Chapter 18 of the Nebraska Revised Statutes. SECTION 5. The City Clerk be and is hereby directed to file a certified copy of this 'Ordinance with the Nebraska Liquor Control Commission. SECTION 6. If any section in this act or any part of any section shall be declared invalid or unconstitutional, such declaration shall not affect the validity or constitutionality of the remaining portions thereof. SECTION 7. This Ordinance shall be in full force and effect immediately from and after its passage, approval and first publication according to law in pamphlet form, and upon proclamation by the Mayor, and the Mayor is hereby authorized and directed to so proclaim. Passed and apprioved this 9th day of May 1986. ATTEST': VERNA R. BULL, CITY CLERK (SEAL) M. ST kLEY JENN fAYOR PROCLAMATION I, M. Stanley Jensen, Mayor, do hereby proclaim as authorized and directed by the City Council that the terms and provisions of the foregoing ordinance, Ordinance No. 1435 , shall take effect under the emergency clause provisions set forth therein, immediately upon first publication in pamphlet form in accordance with the laws of the State of Nebraska. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) M. STANLEY JENSEN/ M 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 special meeting of the Mayor and City Council of said City held on the 9th day of May, 1986. VERNA R. BULL, CITY CLERK ORDINANCE NO. 1436 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND CHAPTER 10, ARTICLE 1, OF THE MUNICIPAL CODE, BY ADDING NEW SECTIONS TO THE CODE TO PROVIDE FOR NOTICE AND HEARING REQUIREMENTS AND PROCEDURES FOR THE EXAMINATION OF RETAIL ALCOHOLIC LIQUOR LICENSE APPLICATIONS IN ACCORDANCE WITH THE NEBRASKA LIQUOR CONTROL ACT, REPEALING ALL OTHER ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF BLAIR, AND THAT THE SECTIONS MAY BE RENUMBERED; TO DECLARE AN EMERGENCY EXISTS AND TO DESIGNATE THIS ORDINANCE AS AN URGENT MEASURE; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM AND THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE, AND FINAL PUBLICATION UPON PROCLAMATION BY THE MAYOR. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Chapter 10, Article 1, of the Municipal Code of the City of Blair, Nebraska, is hereby amended by adding a new section, which reads as follows: A. Notice Notice of a hearing held pursuant to Neb. Rev. Stat. Section 53 -134 shall be given to the applicanEby the City Clerk and shall contain the date, time, and location of the hearing. Two or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the Council that prejudice would result therefrom. B. Procedure Hearings will be informal and conducted by the Mayor. The intent is an inquiry into the facts, not an adversary action. Each witness may present their testimony in narrative fashion or by question and answer. The Governing Body or the applicant may order the hearing to be recorded by an official court report at the expense of the applicant(s). The Governing Body and its representatives shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing including the admission or exclusion of testimony or other evidence. The Governing Body may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals. The Mayor may limit testimony where it appears incompetent, irrelevant, or unduly repetitious. If there is opposition to any applicant and such opposition desires the opportunity to present arguments and to cross - examine the applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such function who shall notify the Mayor of his /her representation prior to the start of the hearing. The order of the proceedings is as follows: 1. Exhibits will be marked in advance by the Clerk and presented to the Mayor during the presentation; 2. Presentation of evidence, witnesses, and arguments by applicant; 3. Testimony of any other citizens in favor of such proposed license; 4. Examination of applicant, witnesses or citizens by City Attorney, City Administrator, Governing Body, or duly appointed agent. 5. Cross- examination of applicant, witnesses or citizens by spokesperson for opposition, if any; 6. Presentation of evidence and witnesses by opposition; 7. Testimony of any other citizens in opposition to such proposed . license; 8. Presentation of evidence by City and law enforcement personnel; 9. Cross - examination by applicant; 10. Rebuttal evidence by both parties, administration and agent; 11. Summation by applicant and opposition if any. In and by City spokesperson, all cases, the burden of proof and persuasion shall be on the party filing the application. Any member of the Governing Body and the City Attorney may question any witness, call witnesses, or request information. The Governing Body may make further inquiry and investigation following the hearing. SECTION 2. That all ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. SECTION 3. It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Municipal Code of the City of Blair, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION 4. The Governing Body hereby finds, determines, and declares that an emergency exists, and that is is necessary for the immediate preservation of the public peace, health, safety, and public interest and welfare of the City of Blair, Nebraska, and the inhabitants thereof, that the provisions of this Ordinance take effect immediately upon first publication in pamphlet form upon proclamation by the Mayor; and that this Ordinance is hereby declared and designated to be an urgent measure, and is hereby exempted from the referendum of Article 25, Chapter 18 of the Nebraska Revised Statutes. SECTION 5. The City Clerk be and is hereby directed to file a certified copy of this Ordinance with the Nebraska Liquor Control Commission. SECTION 6. If any section in this act or any part of any section shall be declared invalid or unconstitutional, such declaration shall not affect the validity or constitutionality of the remaining portions thereof. SECTION 7. This Ordinance shall be in full force and effect immediately from and after its passage, approval and first publication according to law in pamphlet form, and upon proclamation by the Mayor, and the Mayor is hereby authorized and directed to so proclaim. Passed and approved this 9th day of - ATTEST: VERNA R. L, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) May M. STANLEY JEN t' N . AYOR Crn M. STANLEY JEN N. '�YOR 1986. PROCLAMATION I, M. Stanley Jensen, Mayor, do hereby proclaim as authorized and directed by the City Council that the terms and provisions Of the foregoing ordinance, Ordinance No. 1436, shall take effect under the emergency clause provisions set forth therein, immediately upon first publication in pamphlet form in accordance with the laws of the State of Nebraska. VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of May, 1986. t 1 A'ijL , VERNA`'R. BULL, CITY CLERK ORDINANCE NO. 1437 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND CHAPTER 10, ARTICLE 1, OF THE MUNICIPAL CODE, BY ADDING NEW SECTIONS TO THE CODE TO PROVIDE ALCOHOLIC LIQUOR LICENSING STANDARDS AND CRITERIA TO FORMULATE RECOMMENDATIONS FOR THE NEBRASKA LIQUOR CONTROL COMMISSION IN ACCORDANCE WITH THE NEBRASKA LIQUOR CONTROL ACT, REPEALING ALL OTHER ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF BLAIR, AND THAT THE SECTIONS MAY BE RENUMBERED; TO DECLARE AN EMERGENCY EXISTS AND TO DESIGNATE THIS ORDINANCE AS AN URGENT MEASURE; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM AND THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE, AND FINAL PUBLICATION UPON PROCLAMATION BY THE MAYOR OF THE MUNICIPALITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Chapter 10, Article 1, of the Code of the City of Blair, Nebraska, is hereby amended by adding a new section which reads as follows: SECTION . LIQUOR APPLICATION• RETAIL LICENSING STANDARDS. The City Council shall consider the following licensing standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the governing body to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act: 1. The adequacy of existing law enforcement resources and services in the area. 2. The recommendation of the Police Department or any other law enforcement agency. 3. Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems, and the proximity and availability of on- street and off - street parking. 4. Zoning restrictions and the municipality's zoning and land -use policies. 5. Sanitation or sanitary conditions on or about the proposed licensed premises. 6. The existence of a citizens' protest and any other evidence in support of or in opposition to the application. 7. The existing population, and projected growth both city -wide and within the area to be served. 8. The existing liquor licenses, the class of such license, and the distance and times of travel to such licenses, specifically also including but not limited to the availability of existing licenses providing the same service and rights as applied for. 9. The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth. 10. Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest. 11. Whether the applicant can insure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. Rev. Stat. Section 53 -102 of the Nebraska Liquor Control Act. 12. Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic beverages, which must be displayed, kept, and sold from an area which is secured to the greatest extent possible. 13. Whether the applicant is fit, willing, and able to properly provide the service proposed in conformance with all provisions, requirements, needs, and regulations provided for in the Nebraska Liquor Control Act. 14. Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act. 15. The background information of the applicants established by information contained in the public records of the Nebraska Liquor Control Commission and investigations conducted by the Police Department. 16. Past instances of discrimination involving the applicant(s) as evidenced by findings of fact before any administrative board or agency of the municipality or any other governmental board or agency of the municipality or any other governmental unit or any court of law. 17. Past compliance with state laws and liquor regultions and municipal ordinances and regulations. 18. If the application is for an on -sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food and liquor, and the type and extent of kitchen facilities. 19. Whether the applicant or its representatives has suppressed any facts or provided any nonfactual information to the local governing body or its employees in regard to the license application or liquor investigations. The applicant is required to cooperate in providing a full disclosure to the investigating agents of the municipality. 20. Whether the application will provide an improvement to the neighborhood, a betterment to the municipality, or a true increase in service to the public at large. 21. Proximity of and impact on schools, hospitals, libraries, and public institutions. 22. Whether the type of entertainment to be offered, if any, will be appropriate and nondisruptive to the neighborhood where the premises are located and to the community at large. 23. Whether or not applicant has ever forfeited bond to appear in court to answer charges of having committed a felony, or charges of having violated any law or ordinance enacted in the interest of good morals and decency, or has been convicted of violating or forfeiting bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquors. 24. Whether the issuance of the license is or will be required by the present or future public convenience and necessity. 25. The City Council may fix certain requirements and prescribe certain conditions upon a license when it is granted or permitted to continue in full force and effect whether such requirements or conditions are imposed at a formal hearing, by a written notice, or in a written stipulation, and such requirements or conditions shall be deemed to be a part of the license as though fully endorsed therein; and any violation or breach of any requirement or condition is prohibited. 26. Other information and date that may reasonably be considered pertinent to the issuance of the license. The preceding standards are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term "applicants" as used herein is synonymous with "license ". SECTION 2. That all ordinances or resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. SECTION 3. It is the intention of the Governing Body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Blair, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION 4. The Governing Body hereby finds, determines, and declares that an emergency exists, and that it is necessary for the immediate preservation of the public peace, health, safety, and public interest and welfare of the City of Blair, Nebraska, and the inhabitants thereof, that the provisions of this Ordinance take effect immediately upon first publication in pamphlet form upon proclamation by the Mayor; and that this Ordinance is hereby declared and designated to be an urgent measure, and is hereby exempted from the referendum provisions of Article 25, Chapter 18 of the Nebraska Revised Statutes. SECTION 5. If any section in this act or any part of any section shall be declared invalid or unconstitutional, such declaration shall not affect the validity or constitutionality of the remaining portions thereof. SECTION 6. The City Clerk be and is hereby directed to file a certified copy of this Ordinance with the Nebraska Liquor Control Commission. SECTION 7. This Ordinance shall be in full force and effect immediately from and after its passage, approval and first publication according to law in pamphlet form, and upon proclamation by the Mayor, and the Mayor is hereby authorized and directed to so proclaim. - Passed and approved this 9th day of May , 1986. ATTEST: (...4:4 3,4 4 VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) rieze,r&L) gi MAYOR PROCLAMATION I, M. Stanley Jensen, Mayor, do hereby proclaim as authorized and directed by the City Council that the terms and provisions of the foregoing ordinance, Ordinance No.1437 , shall take effect under the emergency clause provisions set forth therein, immediately upon first publication in pamphlet form in accordance with the laws of the State of Nebraska. M. STANLEY JE i* EJ 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 special meeting of the Mayor and City Council of said City held on the 9th day of May 1986. VERNA`R. BULL , CIT CLERK ORDINANCE NO. 1431 AN ORDINANCE REZONING LOTS 10 THROUGH 15 INCLUSIVE, IN BLOCK 39 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM CCB- - CENTRAL BUSINESS DISTRICT TO CL- LIMITED COMMERCIAL, 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 the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots 10 through 15 inclusive, in Block 39, in the City of Blair, Washington County, Nebraska, from CCB - Central Business District to CL- Limited Commercial. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 12th day of May, 1986. ATTEST: (SEAL) VERNA R. BULL, C TY CLERK M. STANLEY J tJSEt, 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 12th day of May, 1986. VERNA R. BULL, CITY CLERK ORDINANCE NO. 1439 AN ORDINANCE AMENDING SECTION 4 -503 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, AND PROVIDING THAT UPON NOTICE TO ABATE A NUISANCE AND NONCOMPLIANCE THEREWITH CRIMINAL CHARGES MAY BE BROUGHT AGAINST SUCH PERSON FAILING TO ABATE THE NUISANCE, PROVIDING FOR THE PENALTIES THEREFOR, 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 4 -503 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as follows: SECTION 4 -503 NUISANCES, ABATEMENT PROCEDURE. It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the Municipality to keep such real estate free of public nuisances. The City Administrator or the Chief of Police shall have the power to investigate all complaints or violations of this section and if they find that such property owner or lessee has allowed such nuisance, they shall cause the property owner or lessee to be served with written notice directing them to abate the nuisance within seven (7) days of the receipt of the notice. Any person failing to abate such nuisance within seven (7) days after receiving notice to do so, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $100.00, and the court, as part of the judgment, shall order the owner to abate such nuisance. In addition, an authorized agent of the municipality may abate said nuisance at the expense of the owner or lessee from the land whereon such nuisance existed and the cost of same shall be levied, equalized, and assessed as are other special assessments. (Ref. 16 -230, 16 -240, 18 -1720 R.S. Neb.) SECTION 2. All ordinances or parts of ordinances in onflict herewith are hereby repealed. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ATTEST: Passed and approved this 12th day of May, 1986. I VERNA R. BU , 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 fo the Mayor and City Council of said City held on the 12 thday of May 1986. M. STANLEY JENSEN4 MAYOR / 1:44441 .— VERNA R. BULL, CITY CLERK ORDINANCE NO. 1440 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND CHAPTER 10, ARTICLE 1, OF THE MUNICIPAL CODE AND ORDINANCE NO. 1437 BY ADDING NEW SECTIONS TO THE CODE TO PROVIDE ALCOHOLIC LIQUOR LICENSING STANDARDS AND CRITERIA TO FORMULATE RECOMMENDATIONS FOR THE NEBRASKA LIQUOR CONTROL COMMISSION IN ACCORDANCE WITH THE NEBRASKA LIQUOR CONTROL ACT, REPEALING ALL OTHER ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF BLAIR, AND THAT THE SECTIONS MAY BE RENUMBERED; 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 Chapter 10, Article 1, of the Code of the City of Blair, Nebraska, is hereby amended by adding a new section which reads as follows: SECTION LIQUOR APPLICATION; RETAIL LICENSING STANDARDS. The City Council shall consider the following licensing standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor,, or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the governing body to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act: 1. The adequacy of existing law enforcement resources and services in the area. 2. The recommendation of the Police Department or any other law enforcement_ agency. 3. Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems, and the proximity and availability of on- street and off - street parking. 4. Zoning restrictions and the municipality's zoning and land -use policies. 5. Sanitation or sanitary conditions on or about the proposed licensed premises. 6. The existence of a citizens' protest and any other evidence in support of or in opposition to the application. 7. The existing population, and projected growth, both city -wide and within the area to be served. 8. The existing liquor licenses, the class of such license, and the distance and times of travel to such licenses, specifically also including but not limited to the availability of existing licenses providing the same service and rights as applied for. 9. The nature and needs of the neighborhood or community where the proposed premises are located as well as its projected growth. 10. Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest. 11. Whether the applicant can insure that all alcoholic beverages, including beer and wine, will be handled by persons in accordance with Neb. Rev. Stat. Section 53 -102 of the Nebraska Liquor Control Act. 12. Whether the applicant has taken every precaution to protect against the possibility of shoplifting of alcoholic beverages, which must be displayed, kept, and sold from an area which is secured to the greatest extent possible. 13. Whether the applicant is fit, willing and able to properly provide the service proposed in conformance with all provisions, requirements, needs, and regulations provided for in the Nebraska Liquor Control Act. 14. Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act. 15. The background information of the applicants established by information contained in the public records of the Nebraska Liquor Control Commission and investigations conducted by the Police Department. 16. Past instances of discrimination involving the applicant(s) as evidenced by findings of fact before any administrative board or agency of the municipality or any other governmental board or agency of the municipality or any other governmental unit or any court of law. 17. Past compliance with state laws and liquor regultions and municipal ordinances and regulations. 18. If the application is for an on -sale license, whether it is adjunct to a legitimate food service operation as evidenced by percent of gross income allocated to food and liquor, and the type and extent of kitchen facilities. 19. Whether the applicant or its representatives has suppressed any facts or provided any nonfactual information to the local governing body or its employees in regard to the license application or liquor investigations. The applicant is required to cooperate in providing a full disclosure to the investigating agents of the municipality. 20. Whether the application will provide an improvement to the neighborhood, a •betterment to the municipality, or a true increase in service to the public at large. 21. Proximity of and impact on schools, hospitals, libraries, and public institutions. 22. Whether the type of entertainment to be offered, if any, . will be appropriate and nondlsruptive to the neighborhood where the premises are located and to the community at large. 23. Whether the premises are separate and distinct from the sale of gasoline 24. Whether the application is for a business and the sole purpose for which is the sale or dispensing of liquor, or when the sale or dispensing of liquor is a substantial integral part of the business and not just incidental thereto. 25. Applications for Class B licenses (as defined by Sec. 53 -124 R.R.S.) must be for premises which are separate and distinct from any other business activity. Premises shall be deemed separate and distinct only when located in a building which is not adjacent to any other building or when located within the same building they shall be separated by walls or partitions not less than forty -eight inches in height. 26. Whether or not applicant has ever forfeited bond to appear in court to answer charges of having committed a felony, or charges of having violated any law or ordinance enacted in the interest of good morals and decency, or has been convicted of violating or forfeiting bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquors. 27. Whether the issuance of the license is or will be required by the present or future public convenience and necessity. 28. The City Council may fix certain requirements and prescribe certain conditions upon a license when it is granted or permitted to continue in full force and effect whether such requirements or conditions are imposed at a formal hearing, by a written notice, or in a written stipulation, and such requirements or conditions shall be deemed to be a part of the license as though fully endorsed therein; and any violation or breach of any requirement or condition is prohibited. 29. Other information and date that may reasonably be considered pertinent to the issuance of the license. The preceding standards are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term "applicants" as used herein is synonymous with "license ". SECTION 2. That all ordinances or resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. SECTION 3. It is the intention of the Governing Body, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Muncipal Code of the City of Blair, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION 4. If any section in this act or any part of any section shall be declared invalid or unconstitutional, such declaration shall not affect the validity or constitutionality of the remaining portions thereof. SECTION 5. The City Clerk be and is hereby directed to file a certified copy of this Ordinance with the Nebraska Liquor Control Commission. SECTION 6. This Ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) Passed and approved this STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) loth day of M. STANLEY JEN EN4 MAYOR VERNA R. BULL, hereby certifies that she is the duly appoitned, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a special meeting of the Mayor and City Council of said City held on the loth day of June , 1986. June -- A L ? .. (- VERNA R. BULL, CITY CLERK 1986. ORDINANCE NO. 1441 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND CHAPTER 10, ARTICLE 1 OF THE MUNICIPAL CODE BY ADDING NEW SECTIONS TO THE CODE TO PROVIDE FOR THE PROHIBITION OF THE SALE OF ALCOHOLIC LIQUOR WHEN SUCH SALE IS INCIDENTAL TO THE MAIN BUSINESS AND IS NOT A SUBSTANTIAL INTEGRAL PART OF THE BUSINESS, PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WHERE THE PREMISES ARE NOT SEPARATE AND DISTINCT FROM THE SALE OF GASOLINE, AND WHERE THE PREMISES ARE NOT SEPARATE AND DISTINCT FROM PREMISES WHERE FOODSTUFFS, GROCERIES, FRUITS, VEGETABLES, PRODUCE, AND OTHER FOODSTUFFS ARE SOLD, 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 Chapter 10, Article 1 of the Municipal Code of the City of Blair, Nebraska, is hereby amended by adding a new section which reads as follows: No license of any kind for the sale of alcoholic beverages shall be granted to a business unless the sale or dispensing of liquor is a substantial integral part of the business and not just incidental thereto. No license of any kind for the sale of liquor shall be granted to a business unless the premises for which the license is to be granted is separate and distinct from the sale of gasoline. No license of any kind for the sale of liquor shall be granted to any premises unless they are separate and distinct from the sale or display of any groceries, fruits, vegetables, produce, mercantile products, and other foodstuffs which are not consumed on the premises. This section shall specifically apply to but shall not be limited to businesses commonly known as grocery stores, supermarkets, quick shops, and convenience shops or stores. This section shall not apply to the sale of ice, drink mix, tobacco, candies, chips, and other miscellaneous non - refrigerated snack type foods which are sold incidental to a business whose sole purpose is the sale or dispensing of liquor. Premises shall be deemed separate and distinct only when located in a building which is not adjacent to any other building or when located within the same building, they shall be separated by walls (floor to ceiling) so that access cannot be had directly from the area of alcoholic liquor sales to any other business activit b or other openings, Y Ymeans of doors shall prevent the cr nothin doors that are used by employee SECTION 2. It is the intention of the Governing Bod and it is hereby ordained that the provisions of this Y, shall become and be made Ordinance part of the Municipal Cade of the Cit of Blair, Nebraska and the sections of this Ordinance may be renumbered to accomplish such intention. SECTION 3. That all ordinances or resolutions or )f ordinances and resolutions in conflict herewith Parts 'epealed. are hereby SECTION 4. If any section in this act or any section shall be declared invalid or Y part of unconstitutional, such eclaration shall not affect the validity or unconstitutionality r the remaining portions thereof. SECTION 5. This Ordinance shall be in full force and k 'fect from and following the passage and publication hereof as quired by law. Passed and approved this 1 0th day of Dup , 1986. EST: NA R. BU L, C Y CLERK kL ) M. STANLEY JENSAi,(IAYOR 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 10th day of June, 1986. (-1(„, 'J VERNA R. BULL, CITY CLERK ATTEST: VERNA 1. BULL, CITY CLERK (SEAL ORDINANCE NO. 1442 AN ORDINANCE REZONING LOTS 4.AND 5 IN DEXTER'S SECOND ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM RML-- MULTI- FAMILY RESIDENTIAL LOW DENSITY DISTRICT TO RMH MULTI- FAMILY RESIDENTIAL HIGH DENSITY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots 4 and 5 in Dexter's Second Addition to the City of Blair, Washington County, Nebraska, from RML-- Multi - Family Residential Low Density District to RMH-- Multi - Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 22nd day of July, T986. M. 'STANLEY JENS, TOR ATTEST: 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 22nd day of July, 1986. VERNA R. BULL, CITY CLERK ORDINANCE NO. 1443 AN ORDINANCE ESTABLISHING AND CREATING PROCEDURES FOR THE O.IVIL SERVICE COMMISSION OF THE MUNICIPALITY IN CONDUCTING AN INVESTIGATION PURSUANT TO A WRITTEN DEMAND THEREFOR BY ANY PERSON SUBJECT TO CIVIL SEVICE WITHIN THE MUNICIPALITY HAVING BEEN REMOVED, SUSPENDED, DEMOTED, OR DISCHARGED; 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 the following procedures are hereby established and created for the Civil Service Commission of the municpality in conducting an investigation following a written demand therefor by any person removed, suspended, demoted, or discharged, which said person is subject to and under the Civil Service Commission and rules of the municipality. 1. Any employee so removed, suspended, demoted or discharged may, within ten (10) calendar days after receiving written notice of the Mayor's decision, file a written demand for an investigation and public hearing by the Civil Service Commission. The employee shall file the request for the hearing with the Secretary of the Commission and simultaneously send a copy of the request to the Mayor. The failure to file such a request with the Secretary of the Commission within ten (10) calendar days of receipt of notice of the action by the Mayor shall constitute a waiver of the employee's right to review by the Civil Service Commission and the Mayor's decision shall become final. 2. Within five (5) calendar days of receipt of the employee's notice of appeal, the City Administrator shall cause to be mailed or delivered the following notice to the employee and Secretary of the Civil Service Commission: (a) A Statement of the charge(s). (b) The names of the witnesses who will be called to give testimony and a general statement of the nature of their testimony. (c) Copies of the documents to be introduced. 3. Within five (5) calendar days of the filing of written demand for an investigation and public hearing by the Commission, the employee shall mail or deliver the following upon the City Administrator and Commission. (a) A response to the statement of the charge(s). (b) The names of the witnesses who will be called on behalf of the employee and a general statement of the nature of their testimony. (c) Copies of the documents to be introduced. 4. Upon receipt of a written demand, the Commission shall conduct an investigation. The Commission may be represented in such investigation and public hearing by the City Attorney if authorized by the City Administrator. If the City Attorney does not represent the Commission, the, Commission may be represented by special counsel appointed by the Commission for any such investigation and hearing. The investigation shall consist solely of a review of the written submissions of the City Administrator and employee to determine whether any individuals or documents should be subpoenaed by the Commission for the subsequent public hearing before the Commission ultimately to determine whether the Mayor acted in good faith for cause. Good faith for cause shall mean that the action was not arbitary or capricious and was not made for political or religious reasons. 5. The Commission shall schedule a public hearing not less than ten (10) nor more than twenty (20) calendar days from the date of filing of the employee's written demand for an investigation. The Commission shall notify the City Administrator and employee in writing at least five (5) calendar days prior to the date of the hearing, of the date, time, and place of the hearing. 6. The City Administrator or Mayor shall be permitted to appear in person and by counsel and to present his or her case. The City Administrator or Mayor may present evidence by testimony and documents and shall be permitted to cross - examine the employee's witnesses. At the hearing, the employee shall be permitted to appear in person and by counsel and to present his or her defense. The employee may present evidence by testimony and documents and shall be permitted to cross - examine the witnesses called by the City Administrator or Mayor. 7. The Commission may affirm the action taken by the Mayor if such action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of such employee in the position or employment from which such employee was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle such person to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion, or discharge. 8. After the hearing, in lieu of affirming the remo'val, suspension, demotion, or discharge, the Commission may modify the order of removal, suspension, demotion, or discharge by directing a suspension, with or without pay, for a given period and the subsequent restoration to duty or demotion in position or pay. No later than ten (10) calendar days after the hearing the Commission shall certify its findings in writing to the employee and the City Administrator who shall enforce them. 9. Such investigation and public hearing shall be chaired by the chairman of the Civil Service Commission unless another member is designated as the hearing officer. 10. The order of proceedings of the investigation and public hearing shall be as follows: (a) Presentation of Mayor or City Administrator's direct evidence. (b) Cross examination by employee. (c) Presentation of employee's direct evidence. (d) Cross examination by City Administrator or Mayor. (e) City Administrator or Mayor's direct rebuttal and cross examination by the opposite party. (f) Employee's direct rebuttal and cross examination by the opposite party. 11. All exhibits shall be marked by a numerical designation by either the Secretary of the Commission or a qualified court report if same is making a record of the proceedings. 12. All witnesses shall be sworn by the Chairman or presiding officer of the hearing prior to the offering of any testimony by such witness. 13. The Commission shall be entitled to examine all exhibits and testimony during its deliberations and further such deliberations may be conducted by the Commission without prior notice to either the Mayor or City Administrator or to the employee and such deliberations may be conducted in an executive session of the Commission. No record of the deliberations shall be required. 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 following the passage and publication hereof as required by law. PASSED AND APPROVED this 22nd day of July, 1986. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) M. STANLEY JENS s OR VERNA R. BULL, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of July, 1986. VERNA R. BULL, CITY CLERK ORDINANCE NO. 1444 AN ORDINANCE LEVYING. TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR COMMENCING AUGUST 1., 1986, AND ENDING ON JULY 31, 1987 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, 1986, a tax on all property within the corporate limits of said City in the amount of $554,061.00, which will result in a levy of 47.37 cents per $100.00 of assumed total tentative valuation of $116,96 - _ 1,326.00. SECTION 2. All taxes levied herein shall be and become due, and remaining unpaid, shall become delinquent as provided by law. SECTION 3. The City Clerk is hereby authorized and instructed to certify to the County Clerk of Washington County, Nebraska, the percentage of or number of mills on the dollar of taxes levied for all City purposes hereunder, on the taxable property withn the City for said year as shown by the assessment roll for said year, including all special assessments and taxes assessed as herein provided to be collected in the manner 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 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 29th day of July, 1986. ATTEST: /L � sY VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) M. - STANLEY. JENSE 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 29th day of July, 1986. ~ 41I VERNA R. BULL, CITY CLERK ORDINANCE NO. 1445 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, 1986 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 $5,582,749.00 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 1986- 1987 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 Fund $2,991,852.00 General Obligation Debt Service Fund $ 172,039.00 Water Fund $1,019,193.00 Sewer Fund $ 304,459.00 Water Senior Bond Fund $ 393,221.00 Water Junior Bond Fund $ 603,740.00 Sewer Bond Fund $ 98,242.00 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. ATTEST: (SEAL) Passed and approved this 1 l 2 VERNA R. BULL, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) VERNA R. BULL hereby M. STANLEY J MAYOR 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 29th day of July, 1986. ,e VERNA R. BULL, CITY CLERK 29th day of July, 1986. ORDINANCE NO. 1446 AN ORDINANCE SETTING AND FIXING .THE COMPENSATION FOR. THE OFFICERS AND EMPLOYEES. OF THE CITY OF GLAIR; .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 10, 1986, is hereby established and set as follows: Bi- Weekly Salaries: Doug Bullock - $1,384.62, Verna Bull - $864.46, Alice Di:edrichsen - $610.00, Warren Whitaker - $1,126.00, Herman Allen $690.00, Robert Bolton - $690.00, Alan Engelke - $690.00, Harold Jacobsen - $670.00, Willard Lewis - $690.00, Everett Paine - $71.0.00, Patrick Long - $670.00, Kris Robinson - $550.00, Christine Caronia - $690.00, William Price - $690.00, Tony Hale - $1,000.00, Eddie Kuhl - $850.00, Darwin Shaw - $810.00, John Sacks - $690.00, John Timm - $770.00, Nick Thallas - $670.00, Don Buttery - $770.00, Ben Scherer - $690.00, Mitchell Robinson - $690.00, Joe Lager - $690.00, Deanna Jensen - $292.50, Leslee Lorenzen - $357.50, Dale Stricklett - $670.00, Luverne Rembold - $570.00, Anne Keenan - $690.00, Blaine Lemmons - $690.00, Bob Hardy - $827.70, Darlene Safely - $412.50, Teri S. Warrick - $570.00, Elizabeth Burge - $215.00, Peggy Frahm - $630.00, Marcia Nickerson - $570.00, Robert Frahm - $510.00, Dan Coon - $750.00, Red Jensen - $590.00, Mark Adams - $750.00, Marvin Johnson - 630.00, Vaughn Korth - $750.00, Kenny Wulf - $730.00, Jim Stier $750.00, Art Keller - $750.00, Owen Burgin - $ 730.00, Bruce {landerud - $690.00, Dick Everhart - $770.00. Yearly Salaries: :ouncilmembers: Bob Vinton - $1,000.00, Jerome Jenny - $1,000.00 Mary Jo Kubie - $1,000.00, J. Merton Kuhr - $1,.000.00, James Long - $1,000.00, Frank Drbal - $1,000.00, Frank Reyzlik - $1,000.00, James Ryan - $1,000.00, and Mayor M. Stanley Jensen $1,500.00. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this ATTEST: VERNA R. BULL; CITY CLERK 29th day of July, 1986. M. STANLEY JE c Et+V. IMAYOR -4/Yr. 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 29th day of July, 1986. AN ORDINANCE REZONING THE NORTH 300 FEET OF LOT 1, BLOCK 1 1 1 , IN THE EIGHTH ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, EXCEPT THE EAST 2.0 FEET OF THE SOUTH 118.5 FEET THEREOF FROM RM-- RESIDENTIAL MEDIUM DENSITY DISTRICT TO CH- HIGHWAY 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. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the North 300 feet of Lot 1, Block 111, in the Eighth Addition to the City of Blair, Washington County, Nebraska, except the East 2.0 feet of the South 118.5 feet thereof, from RM- Residential Medium Density District to CH- Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION L. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th ATTEST: 1 fir//"4( `J4 iI VERNA R. BULL, (SEAL) ITY CLERK ORDINANCE NO. 1447 day of September, 1986. M. STA LEY JENS'+ , lu�� YOR 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 9th day of September, 1986. VERNA R. BULL, CITY CLERK ORDINANCE NO. 1448 AN ORDINANCE REZONING PART OF THE TAX LOT 85 IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FROM THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST, AND ASSUMING THE NORTH LINE OF SECTION 23 TO BEAR NORTH 89 DEGREES 51 MINUTES 33 SECONDS EAST; THENCE NORTH 89 DEGREES, 51 MINUTES 33 SECONDS EAST A DISTANCE OF 19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 51 MINUTES 33 SECONDS EAST A DISTANCE OF 700.00 FEET TO THE NORTH 1/4 CORNER; THENCE SOUTH 0 DEGREES 01 MINUTES 56 SECONDS EAST ALONG THE NORTH -SOUTH 1/ SECTION LINE A DISTANCE OF 637.61 FEET; THENCE SOUTH 89 DEGREES 1 49 MINUTES 33 SECONDS WEST A DISTANCE OF 700.00 FEET; THENCE NORTH 0 DEGREES 01 SECOND 56 MINUTES WEST A DISTANCE OF 638.02 FEET TO TH.E POINT OF BEGINNING; LYING IN THE NE 1 /4 NW 1 / OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND CONTAINING 10.25 ACRES, MORE OR LESS, FROM RL-- RESIDENTIAL LOW DENSITY DISTRICT TO CH- HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE%ITH 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 the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of PART OF THE TAX LOT 85 IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FROM THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST, AND ASSUMING THE NORTH LINE OF SECTION 23 TO BEAR NORTH 89 DEGREES 51 MINUTES 33 SECONDS EAST; THENCE NORTH 89 DEGREES, 51 MINUTES 33 SECONDS EAST A DISTANCE OF 19 FEET TO. THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 51 MINUTES 33 SECONDS EAST A DISTANCE OF 700.00 FEET TO THE NORTH 1 / 4 CORNER; THENCE SOUTH 0 DEGREES 01 MINUTES 56 SECONDS EAST ALONG THE NORTH -SOUTH 1/4 SECTION LINE A DISTANCE OF 637.61 FEET; THENCE SOUTH 89 DEGREES 1 49 MINUTES 33 SECONDS WEST A DISTANCE OF 700.00 FEET; THENCE NORTH 0 DEGREES 01 SECOND 56 MINUTES WEST A-DISTANCE OF 638.02 FEET TO THE POINT OF BEGINNING; LYING IN THE.NE1 /4 NW1 / OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, from RL- Residential Low Density District to CH- Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION )4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this loth day of October, 1986. ATTEST: 1 VERNA R. BULL, CITY CLERK (SEA ,92 M. STANLEY JENSNOAYOR 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 14th day of October, 1986. VERNA R. BULL, CITY CLERK SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Tax Lot 550 in Section 1 1 , Township 18 North, Range 11 East of the 6th P.M. in Washington County, Nebraska, from RM- Residential Medium Density District to RMH-- Multi - Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 25th day of ORDINANCE NO. 1449 AN ORDINANCE REZONING TAX LOT 550 IN SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., IN WASHINGTON COUNTY, NEBRASKA, FROM RM-- RESIDENTIAL MEDIUM DENSITY DISTRICT TO RMH- MULTI- FAMILY RESIDENTIAL HIGH DENSITY 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. ATTEST: VERNA R. BULL, CITY CLERK (SEAL) November , 1986. M. STANLEY JENS M 'YOR 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 25th day of November , 1986. /./ VERNA R. BULL, CITY CLERK