1987AN ORDINANCE OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, ESTABLISHING
CLASSES OF GAS SERVICE AND RATES TO BE CHARGED BY MINNEGASCO,
INC., FOR GAS SERVICE WITHIN THE CITY OF BLAIR, NEBRASKA, AND
REPEALING ALL OTHER ORDINANCES AND PART OF ORDINANCES IN CONFLICT
WITH THE PROVISIONS OF THIS ORDINANCE.
BE IT ORDAINED by the Mayor and City Council of the City of Blair , Nebraska:
SECTION I - APPLICABILITY AND CLASSIFICATION
This ordinance shall apply to Minnegasco, Inc. (Minnegasco), which
provides gas service to the City of Blair , Nebraska, and the inhabitants
thereof.
Minnegasco shall provide two basic classes of service to its customers
as hereinafter specified and defined:
1. Firm Service
Firm service is.defined as service that is supplied on a noninter-
ruptible basis.
2. Interruptible Service
Interruptible service. is defined as service that is supplied on an
interruptible basis. It shall be subject to curtailment or inter-
ruption on demand of Minnegasco whenever necessary to protect the
service of its firm gas customers.
Minnegasco shall not, after January 14, 1987, charge more for such
service than set forth on the attached tariff sheets, which are specifically
incorporated by reference.
1. Firm Service Rates
Original Page No. 1,
Original Page No. 2,
•Original Page No. 3,
Original Page No. 6,
Air- Conditioning
Original Page No. 8,
Original Page No. 9,
ORDINANCE NO. 1450
SECTION II - RATES
Small Volume Firm - Residential
2.1, Industrial /Commercial -Firm
Optional Demand - Commodity Firm
6.1, Developmental Cogeneration and
8.1, Firm Transportation Service
Optional Transportation Balancing Service
2. Interruptible Service Rates
Original Page No. 4, 4.1, Small Volume Interruptible
Original Page No. 5, 5.1, Large Volume Interruptible
Original Page No. 7, 7.1, Interruptible Transportation Service
3. Adjustment for Purchased Gas
In the event the delivered costs for any natural gas purchased
increase or decrease, either temporarily or permanently, the retail
gas rates in effect may be increased or be decreased corre-
spondingly to reflect the change in the cost of purchased gas.
Annually, on October 31, the gas distribution company shall file a
"Gas Purchase Cost Reconciliation" with the City of Blair . The
filing will compare the cost of gas purchased with actual billed
revenue arising from the components of retail rates which are
attributable to the -cost of gas purchased. Each such comparison
shall be for the year ended the immediately preceding August 31.
The filing will specify a reconciliation rate adjustment to become
effective on the . subsequent January 1. This reconciliation
adjustment will correct for any difference between cost and revenue
for the reconciliation year ended August 31 and will correct for the
previous year's reconciliation adjustment.
.SECTION III - OTHER CONTRACTS
SECTION IV - REPEALER
Minnegasco may enter into written contracts with any customer of class
of customer making application therefor without discrimination for special gas
service for commercial and industrial uses at such rates and on such
conditions as the contracting.parties may agree.
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
This ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
PASSED AND APPROVED this 13th day of January 1987.
ATTEST: ,,. ; I
City Clerk Verna R. Bull
SECTION V - EFFECTIVE DATE
Signed:
U ¥abor M. Stanley Jensen
"The tariff sheets incorporated by reference in this ordinance are
on file with the City Clerk and may be reviewed or copies
obtained for the cost of copying, at the office of the City Clerk"
CLASS OF SERVICE: Small Volume Firm - Residential
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY:
RATE:
ADJUSTMENT FOR
PURCHASED GAS:
FRANCHISE FEE:
APPROVED SIGNATURE:
Available upon request to customers with daily requirements
less than 2,000 therms for any usual residential use in
private dwellings or separately metered apartments,
contingent on an adequate gas supply and distribution system
capacity.
Customer Charge
(Includes 5 Therms)
Excess
$6.00 per month
.50575 per therm
Minnegasco, Inc.
Section (NN)
Original Page No. 1
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
In the event the delivered costs for any natural gas
purchased increase or decrease, either temporarily or
permanently, the retail gas rates in effect may be
increased or shall be decreased correspondingly to
reflect the change in the cost of purchased gas.
Annually, on October 31, Minnegasco shall file a "Gas
Purchase Cost Reconciliation" by major pipeline supplier
with the Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each such comparison shall be for
the year -ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended
August 31 and will correct for the previous year's
reconciliation adjustment.
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued By: Phillip R. Hammond - Director, Rates & Tariffs p V E R
Minnegasco, Inc.
Section (NN)
Original Page No. 2
CLASS OF SERVICE: Industrial /Commercial -Firm
REGION :. Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY: Available upon request to commercial and industrial
customers, contingent on an adequate gas supply and dis-
tribution system capacity.
RATE: Customer Charge (Includes 8 therms) $10.00 per month
Energy Charge - Base Use .47205 per therm
- Excess Use .52205 per therm
SPECIAL CONDITIONS: Base Use gas shall be equal to the average billed usage for
a customer ,during the preceding billing months of July,
August and September. Excess Use gas shall be equal to
total gas use for each month less (Base Use + 8 therms).
Customers not having established a Base Use shall have Base
Use gas quantities estimated by Minnegasco, Inc., based upon
expected usage of gas consuming equipment in operation on
customer's premise.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
ADJUSTMENT FOR
PURCHASED GAS:
FRANCHISE FEE:
APPROVED SIGNATURE:
In the event the delivered costs for any natural gas
purchased increase or decrease, either temporarily or
permanently, the retail gas rates in effect may be increased
or shall be decreased correspondingly to reflect the change
in the cost of purchased gas.
Annually, on October 31, Minnegasco shall file a "Gas
Purchase Cost Reconciliation" by major pipeline supplier
with the Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each'such comparison shall be for
the year ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended
August 31 and will correct for the previous year's
reconciliation adjustment.
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
Minnegasco, Inc.
Section (NN)
Original Page No. 2.1
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued By: Phillip R. Hammond - Director, Rates & Tariffs
6-1
Minnegasco, Inc.
Section '(NN)
Original Page No. 3
CLASS OF SERVICE: Optional Demand - Commodity Firm
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY.: Available upon request to any customer desiring firm gas
service with year -round gas requirements, contingent on an
adequate gas supply and distribution system capacity.
RATE: Customer Charge $135.00 per month
Demand Charge 1.800 per therm of daily demand per
month
Energy Charge .3090 per therm
MINIMUM BILL: The monthly Customer and Demand Charges.
DAILY DEMAND: .Daily demand shall be determined by the company as the
customer's highest daily gas consumption during the billing
months of November through March. The daily demand used in
March for billing shall remain in effect until a new daily
demand is established in the succeeding November billing
month.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.Q percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
ADJUSTMENT FOR
PURCHASED GAS:
FRANCHISE FEE:
APPROVED SIGNATURE:
Minnegasco, Inc.
Section (NN)
Original Page No. 3.1
In the event the delivered costs for any natural gas
purchased are increased or decreased, either temporarily or
permanently, the retail gas rates in effect may be increased
or shall be decreased correspondingly to reflect the change
in the cost of purchased gas.
Annually, on October 31, Minnegasco shall file a "Gas
Purchase Cost Reconciliation" by major pipeline supplier
with the Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each such comparison shall be for
the year ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended,
August 31 and will correct for the previous year's
.reconciliation adjustment.
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
���'��J" Gt+►1N+M161n
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued By: Phillip R. Hammond — Director, Rates & Tariffs
0 U t
Minnegasco, Inc.
Section (NN)
Original Page No. 4
CLASS OF SERVICE: Small Volume Interruptible
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY:
Available upon request to customers with hourly requirements
of 25 therms and with daily requirements less than 2,000
therms, contingent on an adequate gas supply and dis-
tribution system capacity.
RATE: Customer Charge $35.00 per month
Energy Charge Negotiated Rate not more than
5.40821 per therm
The above rate may be further adjusted through negotiations
with the customer at Minnegasco's discretion but will not be
less than $.30125 per therm.
SPECIAL CONDITIONS: 1) Customer must have an alternate on -site fuel supply
available to maintain operations during periods of
curtailment. Customer further agrees to curtail the
use of gas on one hour's notice when requested by
Minnegasco.
2) Penalty for unauthorized use of gas during periods of
requested curtailment will be the regular commodity rate
in effect plus $1.00 per therm for all gas used.
3) Customers who purchase gas for use in their own
compressor facilities for compressed natural gas motor
fuel must have a dual fuel burning capability for fleet
vehicles using compressed natural gas, and must have the
ability to curtail the use of gas for this purpose on
one hour's notice when required to do so by Minnegasco.
DUE DATE: Bills will be due 2-0 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
ADJUSTMENT FOR
PURCHASED GAS:.
FRANCHISE FEE:
APPROVED SIGNATURE:
c4.R ro,AmA4
Minnegasco, Inc.
Section (NN)
Original Page No. 4.1
In the event the delivered costs for any natural gas
purchased increase or decrease, either temporarily or
permanently, the retail gas rates in effect may be
increased or shall be .decreased correspondingly to
reflect the change in the cost of purchased gas.
Annually, on October 31, Minnegasco shall file a "Gas
Purchase Cost Reconciliation" by Major pipeline supplier
with the Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each such comparison shall be for
the year ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended
August 31 and will correct for the previous year's
reconciliation adjustment. •
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued By: Phillip R. Hammond — Director, Rates & Tariffs
O V E R
AVAILABILITY:
RATE:
Minnegasco, Inc.
Section (NN)
Original Page No. 5
CLASS OF SERVICE: Large Volume Interruptible
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
Available upon request to customers with daily requirements
that exceed 1,999 therms, contingent on an adequate gas
supply and distribution system capacity.
Customer Charge $135.00 per month
Energy Charge First 80,000 therms $.33600 per therm
Next 240,000 therms $.32600 per therm
Excess therms $.31600 per therm
The above rate may be further adjusted through negotiation
with the customer at Minnegasco's discretion.
SPECIAL CONDITIONS: 1) Customer must have an alternate on —site fuel supply
available to maintain operations during periods of
curtailment. Customer further agrees to curtail the
use of gas on one hour's notice when requested by
Minnegasco.
2) Penalty for unauthorized use of gas during periods of
requested curtailment will be the regular commodity rate
in effect plus $1.00 per therm for all gas used.
3) Customers who purchase gas for use in their own
compressor facilities for compressed natural gas motor
fuel must have a dual fuel burning capability for fleet
vehicles using compressed natural gas, and must have the
*ability to curtail the use of gas for this purpose on
one hour's notice when required to do so by Minnegasco.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
ADJUSTMENT FOR
PURCHASED GAS:
FRANCHISE FEE:
APPROVED SIGNATURE:
Minnegasco, Inc.
Section (NN)
Original Page No. 5.1
In the event the delivered costs for any natural gas
purchased increase or decrease, either temporarily or
permanently, the retail gas rates in effect may be increased
or shall be decreased correspondingly to reflect the change
in the cost of purchased gas.
Annually, on October 31, Minnegasco shell file a "Gas
Purchase Cost Reconciliation" by major pipeline supplier
with the Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each such comparison shall be for
the year ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended
August 31 and will correct for the previous year's
reconciliation adjustment.
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise -fee.-
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued By: Phillip R. Hammond — Director, Rates & Tariffs
O V E R
CLASS OF SERVICE: Developmental Cogeneration and Air Conditioning
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY:
Minnegasco, Inc.
Section (NN) .
Original Page 6
Available upon request at Minnegasco's discretion to
customers during the first three years of service in new
installations or new equipment where the natural gas is used
in prime movers for the sequential production of electricity
and useful heat, and/or useful shaft horsepower; or in new
air conditioning equipment. The availability of this tariff
is also contingent on an adequate gas supply and
distribution system capacity.
RATE: Customer Charge $135.00 per month
Energy Charge Negotiated rate not less than
$.30125 per therm
SPECIAL CONDITIONS: During the three year period this rate is in effect for any
individual customer. Minnegasco, Inc. agrees that:
1) Other than to adjust for changes in the delivered costs
of purchased gas, the above stated Energy Charge shall
remain fixed at the level in effect on the first day of
service under this tariff.
2) The adjustments to the Energy Charge for changes in the
delivered costs of purchased gas shall not increase at .a
rate greater than the increase that customer experiences
or that customer would be experiencing on the rate for
comparable electric service.
3) After being on this Developmental Rate for three full
years, the Customer shall be billed under the
appropriate general gas service rate for which the
Customer is qualified.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
ADJUSTMENT FOR
PURCHASED GAS:
FRANCHISE FEE:
APPROVED SIGNATURE:
Minnegasco, Inc.
Section (NN)
Original 6.1
In the event the delivered costs for any natural .gas
purchased increase or decrease, either temporarily or
permanently, the retail gas rates in effect may be increased
or shall be decreased correspondingly to reflect the change
in the cost of purchased gas.
Annually, on October 31, Minnegasco shall file a "Gas
Purchase Cost Reconciliation" by major pipeline supplier
with the .Community. The filing will compare the cost of gas
purchased with actual billed revenue arising from the
components of retail rates which are attributable to the
cost of gas purchased. Each such comparison shall be for
the year ended the immediately preceding August 31. The
filing will specify a reconciliation rate adjustment to
become effective on the subsequent January 1. This
reconciliation adjustment will correct for any difference
between cost and revenue for the reconciliation year ended
August 31 and will correct for the previous year's
reconciliation adjustment.
.A franchise fee will be added to the monthly bill computed
at this rate schedule for those 'communities that impose a
franchise fee.
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued. by: Phillip R. Hammond — Director, Rates & Tariffs
O V E R
CLASS OF SERVICE: Interruptible Transportation Service
REGION: Nebraska
Minnegasco, Inc.
Section (NN)
Original Page 7
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY: Available to any customer on an interruptible basis for the
delivery of gas owned by the customer from a Minnegasco Town
Border Station to a meter location on the customer's
premise. Delivery is contingent on adequate distribution
system capacity.
RATE:
NOMINATION:
BALANCING:
Monthly Customer Charge $300.00
Commodity Charge Negotiated Rate not more than
$.09 per therm
The above rate may be further adjusted through negotiations
with the customer at Minnegasco's discretion but shall not
be less than $.005 per therm.
SPECIAL CONDITIONS: 1) Customer must have arranged for the purchase of gas
other than Minnegasco's pipeline supply and for its
delivery to a Minnegasco Town Border Station.
2) Customer must have and maintain adequate standby facil-
ities and have available sufficient fuel supply to
maintain operations during periods of curtailment.
3) Customer agrees to curtail the use of gas sold hereunder
when requested by Minnegasco.
By 7:30 a.m. on a daily basis, customer must directly advise
Minnegasco's Gas Control Department of the volumes to be
delivered in its behalf from the Town Border Station to the
customer's premise during the subsequent gas day commencing
at 12:00 (noon) central standard time.
Customer and customer's natural gas supplier are responsible
for balancing nominations and deliveries to the pipeline
transporter's system. When daily volumes of natural gas
delivered on behalf of customer to Minnegasco's Town Border
Station receipt points or natural gas received at customer's
designated delivery point differ, above or below daily
nominated volumes of natural gas, the customer is
out -of- balance. Customer will correct out -of- balance
occurrences during the term of transportation service
contract.
PENALTY PROVISIONS: 1) For Balancing: When daily volumes are out -of- balance by
more than + 5 percent, a penalty of $.50 per therm
will be assessed. When monthly volumes of natural gas
delivered on behalf of customer to Minnegasco's Town
Border Station receipt points differ from customer takes
at designated delivery points during any billing month,
Minnegasco, Inc.
Section (NN)
Original Page 7.1
the customer will correct the imbalance during the next
billing month. At the end of the next billing month,
any remaining imbalance will be assessed a penalty of
$.10 per therm per day.
2) Customer may avoid Penalty Provisions for Balancing
listed above, and Penalty Charges, when deliveries on
pipeline transporter's system to Minnegasco's Town
Border Station(s) differ from customer's nominations,
contained in pipeline transporter's rate schedule for
Interruptible Transportation Service by electing
Minnegasco's Optional Transportation Balancing Service.
3) For Unauthorized Use of Gas: Penalty for unauthorized
use of gas during periods of curtailment will be
Minnegasco's prevailing Energy Charge, including costs
of purchased gas, plus $1.00 per therm for all gas used.
Further, Minnegasco shall have the right to shut off
customer's supply of gas in the event of failure to
curtail use after being requested.
DUE DATE: Bill will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
FRANCHISE FEE:
CONTRACT:
APPROVED SIGNATURE:
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
Customer must sign a separate contract for transportation
service to each delivery point. The minimum contract term
for Interruptible Transportation Service is 30 days.
Customer must advise Minnegasco 14 days in advance in
writing when it wishes to cancel a contract for Inter-
ruptible Transportation Service.
Customer is obligated to provide a copy of all contracts
used to procure and deliver natural gas to Minnegasco's Town
Border Station(s). Customer is not required to provide
price information.
CbLiVec,..4
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued by: Phillip R. Hammond - Director, Rates & Tariffs
O V E R
Minnegasco, Inc.
Section (NN)
Original Page 8
CLASS OF SERVICE: Firm Transportation Service
REGION: Nebraska
COMMUNITIES SERVED: All communities and environs served by Northern Natural Gas
Company's pipeline.
AVAILABILITY:
Available to any customer for the delivery of gas owned by
the customer from a Minnegasco Town Border Station to a
meter location on the customer's premise.
RATE: Monthly Customer Charge $300.00
Commodity Charge Negotiated Rate not more than
$.195 per therm
The above rate may be further adjusted through negotiations
with the customer at Minnegasco's discretion but shall not
be less than $.099 per therm.
TERMINATION OF EXISTING SALES SERVICE CONTRACT:
When customer purchases Firm Transportation Service from
Northern Natural Gas Company and does not wish Minnegasco to
offer its sales tariff as backup, Minnegasco may elect to
turnback Contract Demand (CD) entitlements and terminate any
existing sales contract with the customer. Subsequent
requests to provide service under any other rate schedule
will be subject to conditions for new customers.
DEMAND CHARGE ADJUSTMENT:
If Minnegasco elects to exchange or turnback its Contract
Demand (CD) entitlements with Northern Natural Gas Company
for a customer's Transportation Demand (TD) Quantity, then
Minnegasco may reduce the Commodity Charge by $.05 per therm
for Transportation service under this rate schedule.
MINIMUM MONTHLY CHARGE:
The Customer Charge plus $.60 per therm of daily reserved
capacity.
NOMINATION:
BALANCING:
By 7:30 a.m. on a daily basis, customer must directly advise
Minnegasco's Gas Control Department of the volumes to be
delivered in its behalf from the Town Border Station to the
customer's premise during the subsequent gas day commencing
at 12:00 (noon) central standard time.
Customer and customer's natural gas supplier are responsible
for balancing nominations and deliveries to the pipeline
transporter's system. When daily volumes of natural gas
delivered on behalf of customer to Minnegasco's Town Border
Station receipt points or natural gas received at customer's
designated delivery point differ, above or below daily
nominated volumes of natural gas, the customer is out -of-
balance. Customer will correct out -of- balance occurrences
during the term of transportation service contract.
Minnegasco, Inc.
Section (NN)
Original Page 8.1
PENALTY PROVISIONS: 1) For Balancing: When daily volumes are out -of- balance by
more than + 5 percent, a penalty of $.50 per therm,
will be assessed. When monthly volumes of natural gas
delivered on behalf of customer to Minnegasco's Town
Border Station receipt points differ from customer takes
at designated delivery points during any billing month,
the customer will correct the imbalance during the next
billing month. At the end of the next billing month,
any remaining balance will be assessed a penalty of $.10
per therm, per day.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on any outstanding amount not paid on or before the
due date.
FRANCHISE FEE:
CONTRACT:
APPROVED SIGNATURE:
2) Customer may avoid Penalty Provisions for Balancing
listed above, and Penalty Charges, when deliveries on
pipeline transporter's system to Minnegasco's Town
Border Station(s) differ from customer's nominations,
contained in pipeline transporter's rate schedule for
Firm Transportation Service by electing Minnegasco's
Optional Transportation Balancing Service.
A franchse fee will be added to the monthly bill computed at
this rate schedule for those communities that impose a
franchise fee.
Customer must sign a separate contract for Transportation
Service to each delivery point. The minimum contract for
Firm Transportation Service is one year.
Customer must advise Minnegasco 6 months in advance, in
writing, when it wishes to cancel a contract for Firm
Transportation Service.
Customer is obligated to provide a copy of all contracts
used to procure and deliver natural gas to Minnegasco's Town
Border Station(s). Customer is not required to provide
price information.
cZ41
Date Issued: December 29, 1986 Effective Date: January 14, 1987
Issued by: Phillip R. Hammond - Director, Rates & Tariffs
p v ER
CLASS OF SERVICE: Optional Transportation Balancing Service
REGION: Nebraska
AVAILABILITY: Available to any customer, receiving firm or interruptible
transportation service from Minnegasco, for the avoidance of
Penalty Charges for out -of- balance occurrences on
Minnegasco's system and at delivery points on pipeline
transporter's systems. Service provided under this tariff
is to assist customer in managing daily receipts and deliv-
eries of transportation volumes.
RATE: $.003 per therm of daily deliveries.
SPECIAL CONDITIONS: Customer agrees that Minnegasco may periodically adjust
nominations with customer's gas supply producer(s) to
maintain in- balance conditions for any transportation
services provided.
DUE DATE: Bills will be due 20 days after Minnegasco's mailing date.
LATE PAYMENT CHARGE: A late payment charge of 1.0 percent will be assessed
monthly on an outstanding amount not paid on or before the
due date.
FRANCHISE FEE:
APPROVED SIGNATURE:
A franchise fee will be added to the monthly bill computed
at this rate schedule for those communities that impose a
franchise fee.
Minnegasco, Inc.
Section (NN)
Original Page
Date Issued: December 29, ,1986 \ Effective Date: January 14, 1987
Issued By: Phillip R. Hammond - Director, Rates & Tariffs
SECTION 1. That the Zoning Regulations of the City of
Blair be amended so as to change the zoning designation of Tax
Lot 38 in Section 1, Township 18 North, Range 11 East of the 6th
P.M. Washington County, Nebraska, from AGG- General Agriculture
District to ML- -Light Industrial and Manufacturing 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 13th day of January, 1987.
AN ORDINANCE REZONING TAX LOT 38 IN SECTION 1, TOWNSHIP 18 NORTH,
RANGE 11 EAST OF,THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM
AGG-- GENERAL AGRICULTURE DISTRICT TO ML- -LIGHT INDUSTRIAL AND
MANUFACTURING 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:r
e
VERNA R. BULL, CITY CLERK
(SEAL)
ORDINANCE NO. 1451
b k
M. STANLEY JENS2 i. .ItOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 13th day of January, 1987.
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1452
AN ORDINANCE REZONING LOTS 3 AND 4 AND THE EAST 25.00 FEET OF LOT
5 AND THAT PART OF LOT 2 DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF LOT 2; THENCE SOUTHWESTERLY TO A POINT ON THE
SOUTH LINE OF LOT 2, SAID POINT BEING 20.00 FEET EAST OF THE
SOUTHWEST CORNER OF LOT 2; THENCE WEST TO THE SOUTHWEST CORNER OF
LOT 2; THENCE NORTH TO THE NORTHWEST CORNER OF LOT 2; THENCE EAST
TO THE POINT OF BEGINNING; ALL IN BLOCK 83, THIRD ADDITION TO THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND LOTS 3, 7, 8, 9
10,. 11, AND 12, IN BLOCK 84, THIRD ADDITION TO THE CITY OF BLAIR,
WASHINGTON. COUNTY, NEBRASKA, FROM RMH -- MULTI - FAMILY RESIDENTIAL
HIGH DENSITY DISTRICT AND CCB- CENTRAL BUSINESS DISTRICT TO RMH- -
MULTI- FAMILY RESIDENTIAL HIGH DENSITY DISTRICT SOLELY, APPENDING
THE SHM- SPECIAL MOBILE HOME DISTRICT TO SAID REAL ESTATE,
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 3
AND 'AND THE EAST 25.00 FEET OF LOT 5 AND THAT PART OF LOT 2
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2;
THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF LOT 2, SAID
POINT BEING 20.00 FEET EAST OF THE SOUTHWEST CORNER OF LOT 2;
THENCE WEST TO THE SOUTHWEST CORNER OF LOT 2; THENCE NORTH TO THE
NORTHWEST CORNER OF LOT 2; THENCE EAST TO THE POINT OF BEGINNING;
ALL IN BLOCK 83, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, AND LOTS 3, 7, 8, 9 10, 11, AND 12, IN BLOCK
84, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, FROM RMH -- MULTI - FAMILY RESIDENTIAL HIGH DENSITY
DISTRICT AND CCB- CENTRAL BUSINESS DISTRICT TO RMH -- MULTI- FAMILY
RESIDENTIAL HIGH DENSITY DISTRICT SOLELY, APPENDING THE SHM-
SPECIAL MOBILE HOME_DISTRICT TO SAID REAL ESTATE.
SECTION 2. BE it further ordained by the Mayor and City
Council of the O .y of Blair, tebi tht the SHM- Speci
Mobile Home District be appended and same is hereby appended to
the above described real estate.
SECTION 3. .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 4. All ordinances or parts of ordinances in
conflict herewith 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 1Qthi day of February, 1987.
ATTEST,r
M. STANLEY JENSf2N: T YOR
--_ '
VERNA R. BUL , CiY 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 10th day of February, 1987.
VERNA R. BULL, CIT L
ORDINANCE NO. 1453
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND LOCATED IN
LOT 1, BLOCK 1, DEXTERS FIRST ADDITION TO THE CITY OF BLAIR OF
SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE SIXTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE
SOUTHERLY A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF
SAID LOT; THENCE. WESTERLY DEFLECTING 090 DEGREES, 05 MINUTES, 38
SECONDS RIGHT, A DISTANCE OF 60.00 FEET ALONG THE SOUTH LINE OF
SAID LOT 1; THENCE NORTHEASTERLY DEFLECTING 114 DEGREES, 19
MINUTES, 59 SECONDS RIGHT, A DISTANCE OF 96.73 FEET; THENCE
dORTHERLY DEFLECTING 022 DEGREES, 15 MINUTES, 19 SECONDS LEFT, A
)ISTANCE OF 131.95 FEET TO A POINT ON THE NORTH LINE OF SAID LOT
• THENCE EASTERLY DEFLECTING 087 DEGREES, 55 MINUTES , 20
SECONDS RIGHT, A DISTANCE OF 15.00 FEET ALONG SAID LINE TO THE
'DINT OF BEGINNING CONTAINING 5833.03 SQUARE FEET, MORE OR LESS;
.ND ALSO A TRACT OF LAND LOCATED IN LOTS 7 -24, BLOCK 13, ORIGINAL
'OWN OF BLAIR, AND TAX LOT 323 AND TAX LOT 533 OF SECTION 11,
'OWNSHIP 18 NORTH, RANGE 11 EAST OF THE SIXTH PRINCIPAL MERIDIAN,
TASHINGTON COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT
HE NORTHWEST CORNER OF SAID LOT; THENCE SOUTHERLY A DISTANCE OF
49.90 FEET TO THE SOUTHWEST CORNER OF SAID TAX LOT 323; THENCE
ASTERLY DEFLECTING 085 DEGREES, 59 MINUTES, 35 SECONDS LEFT, A
ISTANCE OF 216.51 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY
WNED BY THE GRANTOR, THENCE NORTHERLY DEFLECTING 094 DEGREES, 00
INUTES, 25 SECONDS LEFT, A DISTANCE OF 42.27 FEET ALONG THE
AST LINE OF THE PROPERTY OWNED BY THE GRANTOR; THENCE WESTERLY
EFLECTING 083 DEGREES, 22 MINUTES, 25 SECONDS LEFT, A DISTANCE
F 182.20 FEET; THENCE NORTHERLY DEFLECTING 083 DEGREES, 22
INUTES, 25 SECONDS RIGHT, A DISTANCE OF 125.03 FEET; THENCE
DRTHERLY DEFLECTING 008 DEGREES, 03 MINUTES, 13 SECONDS LEFT, A
ISTANCE OF 178.44 FEET TO A POINT ON THE NORTH LINE OF SAID
LOCK 13; THENCE WESTERLY DEFLECTING 081 DEGREES, 51 MINUTES, 09
ECONDS LEFT, A DISTANCE OF 10.00 FEET ALONG SAID LINE TO THE
)INT OF BEGINNING CONTAINING 18485.66 SQUARE FEET, MORE OR LESS,
RICH INCLUDES 511.36 SQUARE FEET, MORE OR LESS PREVIOUSLY
XUPIED AS PUBLIC HIGHWAY, TO THE STATE OF NEBRASKA, DEPAR TMENT
ROADS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
)NFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
TLL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
' BLAIR, NEBRASKA.
SECTION 1. That the real estate described as A TRACT OF
.ND LOCATED IN LOT 1, BLOCK 1, DEXTERS FIRST ADDITION TO THE
TY OF BLAIR ON SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF
E SIXTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA,
SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID
LOT; THENCE SOUTHERLY A DISTANCE OF 220.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT; THENCE WESTERLY DEFLECTING 090 DEGREES, 05
MINUTES, 38 SECONDS RIGHT, A DISTANCE OF 60.00 FEET ALONG THE
SOUTH LINE OF SAID LOT 1; THENCE NORTHEASTERLY DEFLECTING 114
DEGREES, 19 MINUTES, 59 SECONDS RIGHT, A DISTANCE OF 96.73 FEET;
THENCE NORTHERLY DEFLECTING 022 DEGREES, 15 MINUTES, 19 SECONDS
LEFT, A DISTANCE OF 131.95 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT 1; THENCE EASTERLY DEFLECTING 087 DEGREES, 55 MINUTES ,
20 SECONDS RIGHT, A DISTANCE OF 15.00 FEET ALONG SAID LINE TO THE
POINT OF BEGINNING CONTAINING 5833.03 SQUARE FEET, MORE OR LESS;
AND ALSO A TRACT OF LAND LOCATED IN LOTS 7 -24, BLOCK 13, ORIGINAL
TOWN OF BLAIR, AND TAX LOT 323 AND TAX LOT 533 OF SECTION 11,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE SIXTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTHERLY A DISTANCE OF
349.90 FEET TO THE SOUTHWEST CORNER OF SAID TAX LOT 323; THENCE
EASTERLY DEFLECTING 085 DEGREES, 59 MINUTES, 35 SECONDS LEFT, A
DISTANCE OF 216.51 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY
OWNED BY THE GRANTOR, THENCE NORTHERLY DEFLECTING 094 DEGREES, 00
MINUTES, 25 SECONDS LEFT, A DISTANCE OF 42.27 FEET ALONG THE
EAST LINE OF THE PROPERTY OWNED BY THE GRANTOR; THENCE WESTERLY
DEFLECTING 083 DEGREES, 22 MINUTES, 25 SECONDS LEFT, A DISTANCE
OF 182.20 FEET; THENCE NORTHERLY DEFLECTING 083 DEGREES, 22
MINUTES, 25 SECONDS RIGHT, A DISTANCE OF 125.03 FEET; THENCE
VORTHERLY DEFLECTING 008 DEGREES, 03 MINUTES, 13 SECONDS LEFT, A
DISTANCE OF 178.44 FEET TO A POINT ON THE NORTH LINE OF SAID
BLOCK 13; THENCE WESTERLY DEFLECTING 081 DEGREES, 51 MINUTES, 09
SECONDS LEFT, A DISTANCE OF 10.00 FEET ALONG SAID LINE TO THE
POINT OF BEGINNING CONTAINING 18485.66 SQUARE FEET, MORE OR LESS,
WHICH INCLUDES 511.36 SQUARE FEET, MORE OR LESS PREVIOUSLY
OCCUPIED AS PUBLIC HIGHWAY, should be sold and conveyed by the
City of Blair to The State of Nebraska, Department of Roads.
SECTION 2. That the consideration to be paid by The
State of Nebraska, Department of Roads for such real estate is
the sum of $3,571.10.
SECTION 3. That the Mayor and City Clerk of the City of
ATTEST:
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 24th day of February, 1987.
VERNA RBULL , I T 3 LERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 24th day of February, 1987.
4 119 i 4
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1454
AN ORDINANCE REZONING THE REAL ESTATE DESCRIBED AS BEGINNING AT
THE INTERSECTION THE CENTERLINE OF LINCOLN STREET AND THE
NORTHERLY EXTENSION OF THE EAST LINE OF LOT 2, BLOCK 83 IN THE
THIRD ADDITION; THENCE SOUTHERLY ALONG SAID EXTENSION LINE TO THE
NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTHWESTERLY TO A POINT
ON THE SOUTH LINE OP LOT 2, SAID POINT BEING 20.00 FEET EAST OF
THE SOUTHWEST CORNER OF LOT- 2; THENCE WEST ALONG THE SOUTH LINE
OF LOTS 2, 3, 4, AND 5, IN BLOCK 83 TO THE SOUTHWEST CORNER OF
THE EAST 25.00 FEET OF LOT 5; THENCE NORTH . ALONG THE WEST LINE OF
THE EAST 25.00 FEET OF LOT 5 AND THE NORTHERLY EXTENSION OF SAID
LINE TO THE CENTERLINE OF LINCOLN STREET; THENCE WEST ALONG- THE
CENTERLINE OF LINCOLN STREET TO THE CENTERLINE OF THE RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID RAILROAD CENTERLINE TO THE
CENTERLINE OF THE ALLEY IN BLOCK 52 IN THE ORIGINAL TOWNSITE OF
BLAIR; THENCE EAST ALONG SAID ALLEY CENTERLINE TO THE CENTERLINE
OF ELEVENTH STREET; TRFNCE SOUTH ALONG THE CENTERLINE OF ELEVENTH
STREET TO THE CENTERLINE OF GRANT STREET; THENCE EASTERLY ALONG
THE CENTERLINE OF GRANT STREET TO THE CENTERLINE OF NINTH STREET;
THENCE NORTH ALONG THE CENTERLINE OF NINTH STREET TO THE
CENTERLINE OF LINCOLN STREET; THENCE WEST_ALONG THE CENTERLINE OF
LINCOLN STREET TO THE POI -NT OF BEGINNING, FROM RMH- -MULTI FAMILY
RESIDENTIAL HIGH DENSITY DISTRICT TO•ML -- INDUSTRIAL AND
MANUFACTURING 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
REAL ESTATE DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE
CENTERLINE OF LINCOLN STREET AND THE NORTHERLY EXTENSION OF THE
EAST LINE OF LOT 2, BLOCK 83 IN THE THIRD ADDITION; THENCE
SOUTHERLY ALONG SAID EXTENSION LINE TO THE NORTHEAST CORNER OF
SAID LOT 2; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF
LOT 2, SAID POINT BEING 20.00 PEET EAST OF THE SOUTHWEST CORNER
OF LOT 2; THENCE WEST ALONG THE SOUTH LINE OF LOTS 2, 3, 4, AND
5, IN BLOCK 83 TO THE SOUTHWEST CORNER OF THE EAST 25.00 FEET OF
LOT 5; THENCE NORTH ALONG THE WEST LINE OF THE EAST 25.00 FEET OF
LOT 5 AND THE NORTHERLY EXTENSION OF SAID LINE TO THE CENTERLINE
OF LINCOLN STREET; THENCE WEST ALONG THE CENTERLINE OF LINCOLN
STREEET TO THK CENTERLINE OF THE RAILROAD; THENCE SOUTHEASTERLY
ALONG SAID RAILROAD CENTERLINE TO THE CENTERLINE OF THE ALLEY IN
BLOCK 52 IN THE ORIGINAL TOWNSITE OF BLAIR; THENCE EAST ALONG
SAID ALLEY CENTERLINE TO THE CENTERLINE OF ELEVENTH STREET;
THENCE SOUTH ALONG THE CENTERLINE OF ELEVENTH STREET TO THE
CENTERLINE OF GRANT STREET; THENCE EASTERLY ALONG THE CENTERLINE
OF GRANT STREET TO THE CENTERLINE OF NINTH STREET; THENCE NORTH
ALONG THE CENTERLINE OF NINTH STREET TO THE CENTERLINE OF LINCOLN
STREET; THENCE WEST ALONG THE CENTERLINE OF LINCOLN STREET TO THE
POINT OF BEGINNING, FROM RMH- -MULTI FAMILY RESIDENTIAL HIGH
DENSITY DISTRICT TO ML-- INDUSTRIAL AND MANUFACTURING DISTRICT,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT.
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 14th day of April, 1987.
M. STANLEY JENSE
ATTEST:
VERNA - R. BUL
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
TY CLERK
)ss
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 14th day of April, 1987.
a
VERNA R. BULL ITY CLERK
ORDINANCE N0. 1455
4N ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS
ffITHIN THE CITY OF BLAIR, DEFINING THE SAME, AND SETTING FORTH
.EGULATIONS THEREOF, REPEALING ALL ORDINANCES OR PARTS OF
) RDINANCES IN CONFLICT HEREWITH AND. PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
WHEREAS, the Legislature of the State of Nebraska has in
Section 19 -901 R.R.S. Neb. delegated the responsibility to local
governmental units to adopt zoning regulations designed to
protect the health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
70UNCIL OF THE CITY OF BLAIR, NEBRASKA.
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
?URPOSES.
1.1 FINDINGS OF FACT.
1.11 Flood Losses Resulting From Periodic Inundation.
The flood hazard areas of Blair, Nebraska, are subject
to inundation which results in loss of life and
property, health, and safety hazards, disruption of
commerce and governmental sevices, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base all of which adversely
affect the public health, safety, and general welfare.
1.12 General Causes of These Flood Losses.
These flood losses are caused by (1) The cumulative
effect of obstruction in floodways causing increases in
flood heights and velocities, (2) The occupancy of
flood hazard areas by uses vulnerable to floods or
hazardous to others which are inadequately or otherwise
protected from flood damages.
1.13 Methods Used to Analyze Flood Hazards.
This ordinance uses a reasonable method of analyzing
flood hazards which consists of a series of
interrelated steps.
(1) Selection of a base flood which is based upon
engineering calculations which permit a
consideration of such flood factors as its
expected frequency of occurrence, the area
inundated, and the depth of inundation. The base
(2) Calculation of water surface profiles based upon a
hydraulic engineering analysis of the capacity of
the stream channel and overbank areas to convey
the base flood.
(3) Computation of the floodway required to convey
this flood without increasing flood heights more
than 1 foot at any point.
(4) Delineation of floodway encroachment lines within
which no obstruction is permitted which would
cause any increase in flood height.
(5) Delineation of floodway fringe i.e., that area
outside the floodway encroachment lines but which
still is subject to inundation by the base flood.
1.2 STATEMENT OF PURPOSE
flood selected for this ordinance is
representative of large floods which are
reasonably characteristic of what can be expected
to occur on the particular streams subject to this
ordinance. It is in the general order of a flood
which could be expected to have a one percent (1%)
chance of occurrence in any one year, as
delineated in the official flood plain study, and
illustrative materials dated July 16, 1981, as
amended.
It is the purpose of this ordinance to promote the public
health, safety, and general welfare and to minimize those
losses described in Section 1.21 by applying the provisions
of this ordinance to:
1.21 Restrict or prohibit uses which are dangerous to
health., safety, or property in times of flooding or
cause undue increases in flood heights or velocities.
1.22 Require that uses vulnerable to floods, including
public facilities which serve such uses, be provided
with flood protection at the time of initial
construction.
1.23 Protect individuals from buying lands which are
unsuited for intended purposes because of flood hazard.
1.24 Assure that eligibility is maintained for property
owners in the community to purchase flood insurance in
the National Flood Insurance Program when identified by
the Federal Insurance Administration as a flood prone
community.
SECTION 2.0 GENERAL PROVISIONS
2.1 LANDS TO WHICH ORDINANCE APPLIES.
This ordinance shall apply to all lands within the
jurisdiction of the City of Blair identified on the Flood
Insurance Rate Map (FIRM) as numbered and unnumbered A Zones
and /or within the Zoning Districts FW and FF established in
Section 4.0 of this ordinance. In all areas covered by this
ordinance no development shall be permitted except upon a
permit to develop granted by the governing body or its duly
designated representative under such safeguards and
restriction as they may reasonably impose for the promotion
and maintenance of the general welfare, health of the
inhabitants of the community and where specifically noted in
Sections 5.0, 6.0, and 7.0.
2.2 THE ENFORCEMENT OFFICER.
The Building Inspector of the Community is hereby designated
as the Council's duly designated Enforcement Officer under
this Ord - inance.
2.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
The boundaries of the floodway and floodway fringe overlay
districts shall be determined by scaling distances on the
official zoning map. Where interpretation is needed to the
exact location of the boundaries of the districts as shown
on the official zoning map, as for example where there
appears to be a conflict between a mapped boundary and
actual field conditions, the Enforcement Officer shall make
the necessary interpretation. In such cases where the
interpretation is contested, the Board of Zoning Appeals
will resolve the dispute. The base flood elevation for the
point in question shall be the governing factor in locating
the district boundary on the land. The person contesting
the location of the district boundary shall be given a
reasonable opportunity to present his case to the Board and
to submit his own technical evidence, if he so desires.
2.4 COMPLIANCE.
No development located within known flood hazard areas of
the community shall be located, extended, converted or
structurally altered without full compliance with the terms
of this ordinance and other applicable regulations.
2.5 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this ordinance to repeal, abrogate or
impair any existing easements, covenants, or deed
restrictions. However, where this ordinance imposes
greater restrictions, the provision of this ordinance shall
prevail. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the
inconsistency only.
2.6 INTERPRETATION.
In their interpretation and application, the provisions of
this ordinance shall be held to be minimum requirements and
shall be liberally construed in favor of the governing body
and shall be deemed a limitation or repeal of any other
powers granted by state statutes.
2.7 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based
on engineering and scientific methods of study. Larger
floods may occur on rare occasions or the flood height may
be increased by man -made or natural causes, such as ice jams
and bridge openings restricted by debris. This ordinance
does not imply that areas outside floodway and floodway
fringe district boundaries or land uses permitted within
such districts will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the
City of Blair or any officer or employee thereof for any
flood damages that may result from reliance on this
ordinance or any adminstrative decision lawfully made
thereunder.
2.8 SEVERABILITY.
If any section, clause, provision or portion of this
ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this ordinance
shall not be affected thereby.
2.9 APPLICATION FOR APPEAL.
Where a request for a permit to develop or a variance is
denied by the Building Inspector, the applicant may apply
for such permit or variance directly to the Board of
Adjustment.
The Board of Adjustment may grant to deny such request by
appropriate resolution adopted within thirty (30) days after
such date of such application to the Board of Adjustment.
SECTION 3.0 DEVELOPMENT PERMIT.
3.1 PERMIT REQUIRED.
No person, firm, or corporation shall initiate any
development or substantial improvement or cause the same to
be done without first obtaining a separate permit for
development as defined in Section 12.0.
3.2 ADMINISTRATION.
A. The Building Inspector is hereby appointed to administer
and implement the provisions of this Ordinance.
B. Duties of the Building Inspector shall include, but not
be limited to:
(1) Review all development permits to assure that sites
are reasonably safe from flooding and that the permit
requirements of this ordinance have been satisfied.
(2) Review permits for proposed development to assure
that all necessary permits have been obtained from those
Federal, state or local governmental agencies from which
prior approval is required.
(3) Notify adjacent communities and the Nebraska
Natural Resources Commission Flood Plain Management
Section prior to any alteration or relocation of a
watercourse, and shall submit evidence of such
notification to the Federal Insurance Administration
when participating in the National Flood Insurance
Program.
(4) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(5) Verify anad record the actual elevation (in
relation to mean sea level) of the lowest floor
(including basement) of all new or substantially
improved structures.
(6) Verify and record the actual elevation (in relation
to mean sea level) to which the new or substantially
improved structures have been flood - proofed.
(7) When floodproofing is utilized for a particular a
particular structure, the Building Inspector shall be
presented certification from a registered professional
engineer or architect.
3.3 APPLICATION FOR PERMIT.
A. To obtain a permit, the applicant shall first file an
application in writing on a form furnished for that
purpose. Every such application shall:
3.31 Identify and describe the work to be covered by the
permit.
3.32 Describe the land on which the proposed work is to be
done by lot, block tract and house and street address,
or similar description that will readily identify and
definitely locate the proposed building or work.
3.33 Indicate the use or occupancy for which the proposed
work is intended
3.34 Be signed by the permitee or his authorized agent who
may be required to submit evidence to indicate such
authority.
3.3 5 Give such other information as reasonably may be
required by the Building Inspector.
SECTION 4.0 ESTABLISHMENT OF ZONING DISTRICTS.
The mapped flood plain areas within the jurisdiction of this
ordinance are hereby divided into the two following districts: A
floodway overlay district (FW) and a floodway fringe overlay
district (FF) as identified in the official Flood Plain Study.
Within these districts all uses not meeting the standards of this
ordinance and those standards of the underlying zoning district
shall be prohibited. These zones shall be consistent with the
numbered and unnumbered A Zones as identified on the official
FIRM when identified in the Flood Insurance Study provided by the
Federal Insurance Administration.
SECTION 5.0 STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE
FLOODWAY FRINGE.OVERLAY DISTRICT.
5.1 No permit for development shall be granted for new
construction, substantial improvement and other improvements
including the placement of manufactured homes within the
identified flood plain unless the conditions of this Section
are satisfied.
5.2 All areas identified as numbered A Zones by the Federal
Insurance Administration are subject to inundation of the
100 -year flood; however, the water surface elevation was not
provided. This unnumbered A Zones shall be subject to all
development provisions of this ordinance. If Flood
Insurance Study data is not available, the community shall
utilize any base flood elevation data currently available
within its area of jurisdiction.
5.3 New construction, subdivision proposals, substantial
improvement, prefabricated buildings, placement of
manufactured homes and other developments shall require:
5.31 Design or anchorage to prevent flotation, collapse or
lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads including the
effects of buoyancy.
5.32 New or replacement water supply systems and /or sanitary
sewage systems be designed to minimize or eliminate
infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-
site waste disposal systems be located so as to avoid
impairment or contamination.
5.33 Construction with materials resistent to flood damage,
utilizing methods and practices that minimize flood
damages, and with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other
service facilities that are designed and /or located so
as to prevent water from entering or accumulating
within the components during conditions of flooding.
5.34 All utility and sanitary facilities be elevated and
floodproofed one foot above the regulatory flood
elevation.
5.35 That until a floodway has been designated, no
development including landfill, may be permitted within
the identified flood plain unless the applicant for the
land use has demonstrated that the proposed use, when
combined with all other existing and reasonably
anticipated uses, will not increase the water surface
elevation of the 100 -year flood more than one (1) foot
on the average cross - section of the reach in which the
development or landfill is located as shown in the
official flood plain study incorporated by reference;
Section 1.23 (1) of this ordinance.
5.36 Storage of Material and Equipment
0) The storage or processing of materials that are in
time of flooding buoyant, flammable, explosive, or
could be injurious to human, animal or plant life
is prohibited.
(2) Storage of other material or equipment may be
allowed if not .subject to major damage by floods
and firmly anchored to prevent flotation or if
readily removable from the area within the time
available after flood warning.
5.37 Subdivision proposals and other proposed new
development, including manufactured home parks or
subdivisions, be required to assure that (a) all such
proposals are consistent with the need to minimize
flood damage, (b) all public utilities and facilities,
such as sewer, gas, electrical, and water systems are
located, elevated and constructed to minimize or
eliminate flood damage, (c) adequate drainage is
provided so as to reduce exposure to flood hazards, and
(d) proposals for development (including s roposals for
manufactured home parks and subdivisions) of five (5)
acres or fifty (50) lots, whichever is lesser, include
within such proposals the regulatory flood elevation.
SECTION 6.0 FLOODWAY FRINGE OVERLAY DISTRICT
6.1 PERMITTED USES.
Any use permitted in Section.7.0 shall be permitted in the
Floodway Fringe Overlay District. No use shall be permitted
in the district unless the standards of Section 5.0 are met.
6.2 STANDARDS FOR THE FLOODWAY FRINGE OVERLAY DISTRICT.
6.21 Require new construction or substantial improvements of
residential structures to have the lowest floor,
including basement elevated one foot above the base
flood elevation.
6.22 Require new construction or substantial improvements of
non - residential structures to have the lowest floor,
including basement, elevated one foot above the base
flood elevation or, together with attendant utility and
sanitary facilities, to be floodproofed so that below
such a level the structure is watertight with walls
substantially impermeable to the passage of water and
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. A registered professional
engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification
shall be provided to the official as set forth in
Section 3.2, B(7).
6.23 Require for all new construction and substantial
improvements that fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must
either be certified by a registered professional
engineer or architect or meet or exceed the following
minimum criteria: A minimum of two openings having a
total net area of not less than one square inch for
every square foot of enclosed area subject to flooding
shall be provided. The bottom of all openings shall be
no higher than one foot above grade. Openings may be
equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
6.24 Within AH zones adequate drainage paths around
structures on slopes shall be required in order to
guide floodwaters around and away from proposed
structures.
6.25 Manufactured Homes.
A. All manufactured homes shall be anchored to resist
flotation, collapse, or lateral movement.
Manufactured homes must be anchored in accordance
with local building codes or FEMA guidelines. In
the event that over - the -top frame ties to ground
anchors are used, the following specific
requirements (or thei =r equivalent) shall be met:
1. Over- the -top ties be provided at each of the
four corners of the manufactured home with two
additional ties per side at intermediate
locations, and manufactured homes less than 50
feet long requiring one additional tie per
side.
2. Frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, and manufactured homes
less than 50 feet long requiring four
additional ties per side.
3. All components of the anchoring system be
capable of carrying a force of 4800 .pounds.
4. Any additions to manufactured homes be
similarly anchored.
B. .Require that all manufactured homes to be placed
within Zones A1-30, AH and AE on the community's
FIRM, be elevated on a permanent foundation such
that the lowest floor of the manufactured home is
at or above the base flood elevation; and be
securely anchored to an adequately anchored
foundation system in accordance with the provisions
of Section 6.25A.-
6.26 Located within the areas of special flood hazard
established in Section 2.1 are areas designed. as AO
Zones. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where
a clearly defined channel does not exist and where the
path of flooding is unpredictable and indeterminate::;
therefore, the following provisions apply within AO
Zones:
A. All new construction and substantial improvements
of residential structures have the lowest floor
(including basement) elevated above the highest
adjacent grade at least as high as one
foot /feet above the depth number specified in feet
on the community's FIRM (at least two feet if no
depth number is specified).
B. All new construction and substantial improvements
of nonresidential structures shall:
1. have the lowest floor (including basement)
elevated above the highest adjacent grade at
least as high as one foot /feet above the
depth number specified in feet on the
community's FIRM (at least two feet if no depth
number is specified), or
2. together with attendant utility and sanitary
facilities be completely floodproofed to or
above that level so that any space below that
level is watertight with walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. Such certification
shall be provided to the official as set forth
in Section 3.2B(7).
C. Adequate drainage paths around structures on slopes
shall be required in order to guide floodwaters
around and away from proposed structures.
SECTION 7.0 FLOODWAY OVERLAY DISTRICT
7.1 PERMITTED USES.
Only uses having a low flood - damage potential and not
obstructing flood flows shall be permitted within the
Floodway District to the extent that they are not prohibited
by any other ordinance and provided they do not require
structures, fill, or storage of materials or equipment. No
use shall increase the flood levels of the base flood
elevation. These uses are subject to the standards of
Section 5.0 and 6.0.
7.11 Agricultural uses such as general farming, pasture,
nurseries, forestry.
7.12 Residential uses such as lawns, gardens, parking and
play areas.
7.13 Non - residential areas such as loading areas, parking,
airport landing strips.
7.14 Public and private recreational uses such as golf
courses, archery ranges, picnic grounds, parks,
wildlife and nature preserves. New placement of
residential structures including manufactured homes is
prohibited within the identified floodway (FW) area.
7.15 Replacement of manufactured homes in existing
manufactured home parks and subdivisions is prohibited
unless the conditions of 6.25 and 7.1 are met.
7.16 In Zone A unnumbered, obtain, review and reasonably
utilize any floodway data available through Federal,
State or other sources or Section 5.37(d) of this
ordinance, in meeting the standards of this section.
SECTION 8.0 VARIANCE
3.1 The Board of Adjustment as established by the City of Blair
shall hear and decide appeals and requests for variances
from the requirements of this ordinance.
3.2 The Board of Adjustment shall hear and decide appeals when
it is alleged that there is an error in any requirement,
decision, or determination made by the Building Inspector in
the enforcement or administration of this ordinance.
3.3 Any person aggrieved by the decision of the Board of
Adjustment or any taxpayer may appeal such decision to the
District Court as provided by Nebraska Statutes.
3.4 In passing upon such applications, the Board of Adjustment
shall consider all technical evaluation, all relevant
factors, standards specified in other sections of this
ordinance; and:
8.41 the danger that materials may be swept onto other
lands to the injury of others,;
8.42 the danger to life and property due to flooding or
erosion damage;
8.43 the susceptibility of proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
8.44 the importance of the services provided by the
proposed facility to the community;
8.45 the necessity to the facility of a waterfront
location, where applicable;
8.46 the availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use;
8.47 the compatibility of the proposed use with existing
and anticipated development;
8.48 the relationship of the proposed use to the
comprehensive plan and flood plain. management program
for that area;
8.49 the safety of access to the property in times of flood
for ordinance and emergency vehicles;
8.491 the expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and,
8.492 the costs of providing governmental services during
and after flood conditions including maintenance and
repair of public utilities and facilities such as
sewer, gas, electrical, and water systems, and streets
and bridges.
8.5 Conditions for variances.
8.51 Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one -half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing items (8.52 -8.56 below) have been fully
considered. As the lot size .increases beyond the one -
half acre, the technical jurisdiction required for
issuing the variance increases.
8.52 Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
8.53 Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
8.54 Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
8.55 Variances shall only be issued upon (i) a showing of
good and sufficient cause, (ii) a determination that
failure to grant the variance would result in
exceptional hardship to the applicant, and (iii) a
determination that the granting a variance will not
result in increased flood heights, additional threats .
to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances.
8.56 Any applicant to whom a variance is granted shall be
given a written notice that the cost of flood
insurance will be commensurate with the increased
risk resulting from the reduced lowest floor
elevation.
SECTION 9.0 NON - CONFORMING USE.
9.1 A structure or the use of structure or premises.which was
lawful before the passage or amendment of the ordinance but
which is not in conforaity with the provisions of this
ordinance may be continued subject to the following
conditions:
9.11 No such use or substantial improvement of that use
shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
9.12 If such use is discontinued for six consecutive
months, any future use of the building premises shall
conform to this ordinance. The Utility Department
shall notify the Building Inspector in writing of
instances of nonconforming uses where utility services
have been discontinued for a period of six months.
9.13 Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonconforming
uses.
9.2 If any residential nonconforming use or structure is
destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than 50 percent of the
market value of the structure before the damage occurred
within those areas identified as floodway (IS?). This
limitation does not include the cost of any alteration to
comply with existing state or local health, sanitary,
building, or safety codes or regulations or the cost of any
alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
9.3 If any non - residential nonconforming use or structure is
destroyed by any means, including flood, it shall not be
reconstructed if the cost is more than 50 percent of the
market value of the structure before the damage occurred
except that if it is reconstructed in conforaity with the
provisions of this 'ordinance. This limitation does not
include the cost of any alteration to comply with existing
state or local health, sanitary, building, or safety codes
or regulations or the cost of any alteration of a structure
listed on the National Register of Historic Places or a
State Inventory of Historic Places.
SECTION 10.0 PENALTIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants
of variances or special exceptions) shall constitute a
misdemeanor. Any person who violates this ordinance or fails to
comply with any of its requirements shall upon conviction thereof
be fined not more than $100.00, and in addition, shall pay all
costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Blair or other
appropriate authority from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 11.0 AMENDMENTS.
The regulations, restrictions, and boundaries set forth in this
ordinance may from time to time be amended, supplemented,
changed, or appealed to reflect any and all changes in the
National Flood Disaster Protection Act of 1973, provided,
however, that no such action may be taken until after a public
hearing in relation thereto, at which parties in interest and
citizens. shall have an opportunity to be heard. At least 15 days
notice of the time and place of such hearing shall be published
in newspaper of general circulation in the City of Blair. The
regulations of this ordinance are in compliance with the National
Flood Insurance Program Regulations as published in the Federal
Register, Volume 41, Number 207, dated October 26, 1976, and the
1967 Nebraska Flood Plains Regulations Act
SECTION 12.0 DEFINITIONS.
Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this
ordinance 'its most reasonable application.
ACTUARIAL RATES - or 'risk premium rates' are those
rates asestablisbed.by the Federal
Insurance .Administrator pursuant to
individual community studies and
investigations which are undertaken
to provide flood . insurance - in
accordance with 42 U. S. C. 4014 and
the accepted actuarial principles.
Actuarial -rates include provisions
for operating. costs and allowances.
APPEAL - a request for a review of the
Building Inspector's interpretation
of any provision of this ordinance or
a request for a variance.
AREA OF
SHALLOW FLOODING
- a designated AO or AH zone on a
community's Flood Insurance Rate -Map
(FIRM) with a one percent or greater
annual chance of flooding to an
average depth of one to three feet
where a clearly defined channel is
unpredictable and where velocity flow
may be evident. Such flooding is
characterized by ponding or sheet
flow.
AREA OF
SPECIAL FLOOD HAZARD
BASE FLOOD ELEVATION
BASE FLOOD
PROTECTION ELEVATION
- the land in the flood plain within
a community subject to one percent or
greater chance of flooding in any
given year.
- elevation indicated in the official
flood plain study as the elevation of
the 100 -year flood.
- an elevation one foot higher than
the water surface elevation of the
base flood.
CHANNEL -a natural or artificial watercourse
of perceptible extent, with a
definite bed and banks to confine and
conduct continuously or periodically
flowing water. Channel flow, thus,
is that water which is flowing within
the limits of a defined channel.
COMMUNITY - any state or area or political
subdivision thereof which has
authority to adopt and enforce plain
management regulations for the areas
within its jurisdiction.
DEVELOPMENT - any man -made change to improved or
unimproved real estate, including but
not limited to buildings or other
structures, mining, dredging,
f illing, grading, paving, excavation,
or drilling operations.
EXISTING CONSTRUCTION - (for the purposes of determining
rates) structures for which the
'start of construction' commenced
before the effective date of the FIRM
or before January 1, 1975, for the
FIRM's effective before that date.
'Existing Construction' may also be
referred to as 'existing structures.'
FLOOD OR FLOODING - a general and temporary condition
of partial or complete inundation of
- normally dry land areas from:
(1) the overflow of inland or tidal
waters.
(2) the unusual and rapid
accumulation of runoff of surface
waters from any source.
- an official map of a community, on
which the Flood Insurance Study has
delineated the Flood Hazard
Boundaries and the zones establishing
insurance rates applicable to the
community.
- the official report provided by the
Federal Emergency Management Agency.
The report contains flood :profiles,
as well as the Flood Boundary
Floodway Nap and the water surface
elevation of the base flood.
- the operation of an overail.program
of corrective and preventive measures
for reducing flood damage, including
but not limited to emergency
preparedness plan, flood control
works, and flood plain management
regulations.
- those physical structural works
constructed .specifically to modify
flooding in order to reduce the
extent of the area within a community
subject to a "special flood hazard."
Such a system typically includes
levees or dikes. These specialized
modifying works are.those constructed
in conformance with sound engineering
standards.
- any combination of structual and
non - structual additions, changes or
adjustments to structures, including
utility and sanitary facilities,
which would preclude the entry of
water. Structural components shall
have the capability of resisting
hydrostatic and hydrodynamic loads
and the effect of buoyancy.
- the channel of a river or other
watercourse and the adjacent portion
of the flood plain that must be
reserved in order to discharge the
100 -year flood without cumulatively
increasing the water surface
elevation more than one foot at any
point assuming equal conveyance
reduction outside the channel from
the two sides of the flood plain.
- that area of the flood plain,
o*itside of the - floodway, that on an
average is likely to be flooded once
every 100 years (i.e.: that has a one
percent chance of flood occurrence in
any one year) .
- a factor of safety usually
expressed in feet above a flood level
for purposes of flood plain
management. 'Freeboard' tends to
compensate for the many unknown
factors that could contribute to
flood heights greater than the height
calculated for a selected size. flood
and floodway conditions, such as wave
action, clogged bridge openings., and
the hydrological effect or
urbanization of the watershed.
- the highest natural elevation of
the ground surface prior to
construction nett to the proposed
wails of a structure.
- the lowest floor of the lowest
enclosed are ( basement).
An unfinished or flood resistant
enclosure, usable solely for parking
of . vehicles, building access or
storage, in an area other than a
basement area, is not considered a
building's lowest floor, provided.
that such enclosure is not built so'
as to tender the structure in
violation of the applicable non -
elevation design requirements of this
ordinance.
- a structure, transportable in one
or sore sections, which is built on a
permanent chassis and is designed for
use with or without a permanent
foundation when connected to the
required utilities. For flood plain
management purposes the term
"manufactured home" also includes
park trailers, travel trailers, and
other similar vehicles placed on a
site for greater than 180 consecutive
days. For insurance purposes the
MANUFACTURED HOME
PARK OR SUBIDIVISION
NEW CONSTRUCTION
OVERLAY DISTRICT
START OF CONSTRUCTION
tern 'manufactured home' does not
include park trailers, travel
trailers, and other similar vehicles.
- A parcel (or contiguous parcels) of
land divided into two or more
manufactured home lots for rent or
sale.
- structures for which the 'start of
construction or substantial
improvement" is commenced on or after
the effective date of the FIRM.
- a district which acts in
conjunction with the underlying
zoning district or districts.
- (for other than new construction or
substantial improvements under the
Coastal Barrier Resources Act (Pub.
L. 97-348) includes substantial
improvement, and means the date the
building permit was issued, provided
the actual start of construction,
repair, reconstruction, placement, or
other improvement was within 180 days
of the permit date. The actual start
or other improvement was within 180
days of the permit date. The actual
start means the first placement of
permanent construction of a structure
on a site, such as the pouring of a
slab or footings, the installation of
piles, the construction of columns,
or any work beyond the stage of
excavation or the . placement of a
manufactured home on a foundation.
Permanent construction does not
include land preparation, such as
clearing, grading, and filling; nor
does it include the installation of
streets, and/or walkways; nor does it
include excavation for a basement,
footings, or foundations or the
erection of temporary forms; nor does
it include the installation of the
property of accessory buildings, such
as garages or sheds not occupied as
dwelling units or not part of the
main structure.
STRUCTURE
SUBSTANTIAL
- a walled and roofed building that
is principally above ground, as well
as a manufactured home, and a gas or
liquid storage tank that is
principally above ground.
IMPROVEMENT - any repair, reconstruction, or
improvement of a structure, the cost
of which equals or exceeds 50 percent
of the market value of the structure
either, (1) before the improvement or
repair is started, or (2) if the
structure has been damaged and is
being restored, before the damage
occurred. For the purpose of this
definition 'substantial improvement'
is considered to occur when the first
alteration of any wall, ceiling,
floor, or other structural part of
the building commences, whether or
not that alteration affects the
external dimensions of the structure.
The term does not, however, include
either (1) any project for
improvement of a structure to comply
with existing, state or local health,
sanitary, or safety code
specifications which are solely
necessary to assure safe living
conditions, or (2) any alteration of
a structure listed on the National
Register of Historic Places or a
State Inventory of Historic Places.
VARIANCE - a grant of relief to a person -from
the requirements of this ordinance
which permits construction in a
manner otherwise prohibited by this
ordinance where specific enforcement
would result in unnecessary hardship.
100 -YEAR FLOOD - the base flood having a one percent
chance of annual-occurrence.
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 hereof and publication in
pamphlet form as required by law.
Passed and approved this
ATTEST:
/
CITY CLERK
_12th__ day of May, 1987.
M. STANLEY JENBE MAYOR
VERNA R. BULL,
(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 121.11 day of May 1987.
iER R. BULL, CITY •CL ilia K
ORDINANCE NO. 1456
AN ORDINANCE AMENDING SECTION 705 OF THE SUBDIVISION REGULATIONS
OF THH; CITY OF BLAIR, NEBRASKA, PROVIDING FOR AND CREATING RUT,FS,
REGULATIONS, AND TERMS AND CONDITIONS UPON WHICH LOT SPLITS MAY
BE GRANTED, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WNFN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY THH; MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. That Section 705 of the Subdivision
Regulations of the City of Blair, Nebraska, is hereby amended to
read as follows:
SECTION 705 LOT SPLIT
An existing platted lot, of sufficient size, may be divided
into no more than two (2) lots, upon recommendation of the
Planning Commission and approval of the City Council. The sub-
divider, developer or owner shall file with the City an
application upon forms prescribed therefor and shall comply with
these minimum sub - division requirements. Requests for lot split
approval shall be made by the owner of the land to the City
Administrator. Four (4) copies of a drawing to scale of lots
involved if there are not structures thereon or if structures are
located on any part of the lot being split, four (4) copies of a
survey of the lot(s) and the location of the structure(s)
thereon, together with the precise nature, location and
dimensions of the split, shall accompany the application. Such
drawings shall include a scale drawing of the entire tract being
divided and shall be not more than 14" x 17" in size. The
application shall be accompanied by a certified list of names and
addresses of all persons to receive notices. Written notices
shall be given to all owners of land within 100 feet of the
property proposed to be split. Such owners shall have ten (10)
days from the date of notification to notify the City
Administrator of any protests they may have concerning the lot -
split.
Approval or disapproval of lot splits shall be made based
on the following guidelines in which:
(a) No lot split shall be approved if:
(1) A new street or alley is needed or proposed.
(2) A vacation of streets, alleys, setback lines, access
control of easements is required or proposed.
(3) If such action will result in significant increases in
service requirements, utilities, schools, traffic
control, streets, etc.; or will interfere with
maintaining existing service levels, additional
repaving etc.
There is less street right -of -way than required by
these regulations or the comprehensive plan unless such
dedication can be made by separate instrument.
All easement requirements have not been satisfied.
If such split results in a tract without direct access
to a street.
A substandard sized lot or parcel will be created as
determined by the existing zoning.
(b) The Planning Commission may make such additional
requirements deemed necessary to carry out the intent and
purpose of existing land development regulations and
governing body policy. Requirement may include, but not be
limited to, installation of public facilities, dedication of
right -of -way and easements, and submission of covenants for
the protection of other landowners in the original
subdivision.
(4)
(5)
(6)
(7)
(c) The Planning Commission shall, in writing, either approve
with or without conditions or disapprove the lot split
within thirty (30) days of application. If approved, and
after all conditions have been met, the chairman of the
Planning Commission shall sign and furnish a certificate of
approval to be affixed to the lot -split survey.
(d) The lot split survey shall then be submitted to the City
Council for appropriate action.
(e) Following approval by the Planning Commission and the City
Council, one copy of the survey bearing the signatures of
the chairman of the Planning Commission and the Mayor
indicating Planning Commission and Council approval shall be
filed by the City Clerk in the office of the Washington
County Clerk, ex- officio Register of Deeds.
The zoning administrator may approve lot splits without further
approval by the Planning Commission or City Council in situations
as follows:
The lot split is in compliance with all of the terms
and conditions of Section 705 herein except those as to
notice and (a) (6) and (7).
The lot split is necessitated by an error in the
construction of any existing building which was
constructed five (5) years or more before the
application was filed.
The lot split creates one lot which for correction
purposes is not more than three feet in width.
The application is accompanied by written consent of
the land owners holding title to the parcel to be split
and the party to which the resulting lot from the split
shall be conveyed.
The City Council, after recommendation of the Planning
Commission, may waive any of the restrictions herein prohibiting
the approval of a lot split upon the following conditions:
In the event the application is accompanied by an approval
of the County Surveyor indicating that upon granting of the lot
split any resulting substandard size lot will be combined with an
existing lot and redesignated as one tract. The lot split shall
not be approved unless such redesignated tract meets all of the
requirements for the granting of lot splits herein.
If the lot split application is for the split of a platted
subdivision lot, the lot split regulations may be waived if the
certified drawing includes an agreement of the owners thereof and
adjacent lots to which any part of the split lot is to be
appended, binding the transferees, grantees, and the assignees of
the owners, providing that the resulting split tracts will be
permanently appended to the contiguous lot with common ownership.
Permanently appended shall mean that the resulting partial lot or
the contiguous lot may not be conveyed without the other in a
simultaneous transaction to the same grantee.
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.
ATTEST:
4
VERNA R. BULL, CITY CT,ERK
(SEAL)
Passed and approved this 26th day of May, 1987.
M." STANTN,Y JE NVAYOR
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting fo the Mayor and City Council of said City
held on the 26th day of May, 1987.
/LA 1 42 1i
VERNA R. BULL, CITY CLERK
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THAT
PORTION OF IOWA STREET FROM THE EAST RIGHT OF WAY LINE OF I I T H
STREET TO TEE, EAST RIGHT OF WAY LINE OF 12TH STREET, IN THE CITY
OF BLAIR, NEBRASKA, REPEALING ALI 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 portion of Iowa Street . specifically
described as follows: from the East right of way line of 11th
Street to the East right of way line of 1 2th Street, in the City
of Blair, Nebraska, is hereby vacated pursuant to the vacation
plat attached hereto, marked Exhibit "A" and by this reference
made a -part hereof.
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 26th day of May, 1987.
ATTEST:
t I
VERNA R. BULL, CITY CLERK -
(SEAL)
ORDINANCE NO. 1457
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 26th day of May, 1987.
VERNA R. BULL, CITY CIERK
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ORDINANCE BO. 1458
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE PARK
PLACE SUBDIVISION PLAT, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
WHEREAS, the City of Blair, Nebraska, is the owner of
all of the lots in the Park Place Addition to the City of Blair;
and,
WHEREAS, it is the desire of the Mayor and City Council
to vacate such plat including the dedication of streets within
said subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA.
SECTION 1. That the Park - Place subdivision plat wherein
the Park Place Addition was added to the City of Blair is hereby
vacated and further that the streets contained within said
subdivision and its plat are hereby specifically vacated.
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 anad publication hereof as
required by law.
PASSED AND APPROVED this
ATTEST:
.4 ild:AV
VERNA R. UI"L, CITY CLERK
(SEAL)
23rd day of June, 1987.
M. STANLEY ICED/MAYOR
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 23rd day of June, 1987.
L 1A�
VERNA R. BUZZ, CIT CLERK
SECTION 1. That the real estate described as LOTS ONE,
TWO, THREE, FOUR, FIVE, SIX, AND SEVEN (1, 2, 3, 4, 5, 6, & 7),
PARK PLACE ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, TOGETHER WITH ALL DEDICATED STREETS AND ALLEYS, AND
INCLUDING ALL RIGHTS IN AN ADJOINING RAILROAD RIGHT -OF -WAY WHICH
RIGHT -OF -WAY IS MORE PARTICULARLY DESCRIBED AS: COMMENCING AT
THH; NORTHWEST CORNER OF TAX LOT ONE HUNDRED NINE (109), TOWNSHIP
EIGHTEEN (18) NORTH, RANGE ELEVEN (1 1 ), EAST OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA, THENCE IN A NORTHEASTERLY DIRECTION
ON A LINE PERPENDICULAR TO THE CENTERLINE OF THE ABANDONED
RAILROAD LINE, TO THE CENTERLINE OF THH; ABANDONED RAILROAD LINE,
THENCE NORTHWESTERLY ALONG THE CENTERLINE OF THE ABANDONED
RAILROAD LINE TO A POINT ON A LINE PERPENDICULAR TO THE
CENTERLINE WHICH PASSES THROUGH THE NORTHEAST CORNER OF LOT THREE
ORDINANCE. NO. 1459
AN ORDINANCE PROVIDING FOR THE SA OF A TRACT OF LAND DESCRIBED
AS LOTS ONE, TWO, THREE, FOUR, FIVE, SIX, AND SEVEN (1, 2, 3, 4,
5, 6, & 7), PARK PLACE ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, TOGETHER WITH ALL DEDICATED STREETS AND ALLEYS,
AND INCLUDING ALL RIGHTS IN AN ADJOINING RAILROAD RIGHT -OF -WAY
WHICH RIGHT -OF -WAY IS MORE PARTICULARLY DESCRIBED AS: COMMENCING
AT THE NORTHWEST CORNER OF TAX LOT ONE HUNDRED NINE (109),
TOWNSHIP EIGHTEEN (18) NORTH, RANGE ELEVEN (11), EAST OF TRF 6TH
P.M., WASHINGTON COUNTY, NEBRASKA, THENCE IN A NORTHEASTERLY
DIRECTION ON A LINE PERPENDICULAR TO THE CENTERLINE OF THE
ABANDONED RAILROAD LINE, TO THE CENTERLINE OF THE ABANDONED
RAILROAD LINE, THENCE NORTHWESTERLY ALONG THE CENTERLINE OF THE
ABANDONED RAILROAD LINE TO A POINT ON A LINE PERPENDICULAR TO THH,
CENTERLINE WHICH PASSES THROUGH THE NORTHEAST CORNER OF LOT THREE
(3), NEFF'S FIRST ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, THENCE ON SUCH PERPENDICULAR LINE TO THE
NORTHEAST CORNER OF LOT THREE (3), THENCE SOUTHEASTERLY ALONG THE
NORTH BOUNDARY OF PARK PLACE ADDITION TO THH, POINT OF BEGINNING,
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.
(3), NEFF'S FIRST ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, THENCE ON SUCH PERPENDICULAR LINE TO TEE
NORTHEAST CORNER OF LOT THREE (3), THENCE SOUTHEASTERLY ALONG THIN;
NORTH BOUNDARY OF PARK PLACE ADDITION TO THE POINT OF BEGINNING,
should be sold and conveyed by the City of Blair, Nebraska, to
School District No. 1 of Washington County, Nebraska.
SECTION 2. That the consideration to be paid by School
District No. 1 of Washington County, Nebraska, for such real
estate is the sum of $10,700.00 payable in cash upon closing and
further upon the term and condition that the City of Blair
reserves an easement for the purposes of construction,
maintaining, operating, and repairing water and sewer lines over
and across the following described real estate, to —wit:
Beginning at the intersection of the East line
of Block 3, Neff's First Addition and the
Southwesterly right of way line of the abandoned
Chicago and North Western Railroad and assuming
the East line of said Block 3, Tax Lot 422 in
Section 11, Township 1 8 North, Range 11 East of
the 6th P.M., and Block 19 in Dexter's Second
Addition to bear due North and South; thence
South a distance of 630.83 feet to the Northerly
right of way line of Park Street; thence East
along said Northerly right of way a distance of
35.00 feet; thence North a distance of 248.00
feet, thence East a distance of 250.00 feet,
thence North a distance of 35.00 feet; thence
West a distance of 250.00 feet, thence. North to
the Southwesterly right of way line of the
abandoned Chicago and North Western Railroad,
thence Northwesterly along said right of way
line to the point of beginning.
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 herewith are hereby appealed.
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 14th day of July, 1987.
ATTEST:
VERNA R. BULL, C TY 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 14th day of July, 1987.
VERNA R. BULL, CITY MARK'
ORDINANCE NO. 1460
AN ORDINANCE PROVIDING FOR THE SALE OF THE FOLLOWING DESCRIBED
REAL ESTATE, TO -WIT, LOTS 5 THROUGH 7 INCLUSIVE, BLOCK 21, IN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; A PART OF VACATED
IOWA STREET DESCRIBED AS THE EAST RIGHT OF WAY LINE OF 11TH
STREET TO THE EAST RIGHT OF WAY LINE OF 12TH STREET, IN THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA; THE EAST ONE -HALF OF LOT
23 AND ALL OF LOTS 24 AND 25, IN BLOCK 18, CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA; AND LOTS 6 AND 13 EXCEPT THE SOUTH
24 FEET OF LOT 13 IN WASHINGTON PARK ADDITION TO THE CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA; PROVIDING FOR THE TERMS AND
CONDITIONS OF SAID SALE, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. The real estate described as Lots 5 through
7 inclusive, Block 21, in the City of Blair, Washington County,
Nebraska, and a part of vacated Iowa Street described as the East
right of way line of 11th Street to the East right of way line of
12th Street in the City of Blair, Washington County, Nebraska,
should be sold and conveyed by the City of Blair, Nebraska, to
Nels Christensen and Susan Christensen, on the following terms
and conditions, to -wit:
A. That the purchase price of $1,510.00 shall be paid
in cash upon closing of the transaction. The Christensens shall
purchase said real estate subject to and shall be responsible for
maintaining the drainage way across said property, it being
understood and a term of the sale that the City of Blair shall
have no responsibility for maintaining such drainage way.
B. Such conveyance is further subject to any and all
utility easements over and across said real estate including the
utility easement to Omaha Public Power District for the
operation, repair, and replacement of electric lines on that
portion of Iowa Street as vacated by the City of Blair and
purchased by Christensens.
SECTION 2. The real estate described as Lots 6 and 13
except the South 24 feet of Lot 13 in Washington Park Addition to
the City of Blair, Washington County, Nebraska, should be sold
and conveyed by the City of Blair, Nebraska, to Rufus Buffaloe on
the following terms and conditions, to -wit:
A. That the purchase price of $1,257.20 shall be paid
in cash upon closing of the transaction. Rufus Buffaloe shall
purchase said real estate subject to and shall be responsible for
maintaining the drainage way across said property, it being
understood and a term of the sale that the City of Blair shall
have no responsibility for maintaining such drainage way.
B. Such conveyance is further subject to any and all
utility easements over and across said real estate.
SECTION 3. The real estate described as the East One -
Half of Lot 23 and all of Lots 24 and 25 in Block 18, City of
Blair, Washington County, Nebraska, should be sold and conveyed
by . the City of Blair, Nebraska, to Clifford Raymond and Marylyn
Raymond on the following terms and conditions, to-wit:
A. That the purchase price of $850.00 shall be paid in
cash upon closing of the transaction.
B. Such conveyance is further subject to any and all
utility easements over and across said real estate including the
utility easement to Omaha Public Power District for the
operation, repair, and replacement of electric lines on that
portion of Iowa Street as vacated by the City of Blair and
purchased by Raymonds.
SECTION 4. 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 conveyances.
SECTION 5. All ordinances or parts of ordinances in
conflict herewith are hereby appealed.
SECTION 6. 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 14th day of July, 1987.
ATTEST:
VER R. BULL, CITY CTIERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
L A, ledidea, zw
M. * ST LEY JEN ►EN MAYOR
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City
held on the 14th day of July, 1987.
/anfti 4( e t,tei
VERNA R. BULL, CITY CT,ERK
ORDINANCE NO. 1461
AN ORDINANCE PROVIDING FOR THE ESTABLISHING AND ACCEPTANCE OF A
REPLAT OF THE BLAIR CEMETERY, SETTING FORTH AND LOCATING
ROADWAYS, ALLEY WAYS, BLOCKS, LOTS, AND GRAVES IN .SAID CEMETERY,
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 replat of the Blair Cemetery, a
copy of which is attached hereto, marked Exhibit "A ", and by this
reference made apart hereof is hereby accepted, adopted, and
approved by the Mayor and City Council.
SECTION 2. That the Mayor and City Clerk of the
municipality are authorized and directed to execute such replat
ratifying same and approving the replat on behalf of the City of
Blair.
SECTION 3. That the City Clerk is further authorized
and directed to file said replat at the office of the County
Clerk of Washington County, Nebraska.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby appealed.
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 14th day of July,. 1987.
ATTEST:
VERNA R. BULL, IT CT,ERK
(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 14th day of July, 1987.
e 1 /t
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1462
AN ORDINANCE T,EVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE';
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR
COMMENCING AUGUST 1, 1987, AND ENDING ON JULY 31, 1988, 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 THk; MAYOR AND CITY COUNCIL OF T. 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, 1987, a tax on all property within the
corporate limits of said City in the amount of $581,764.00, which
will result in a levy of 48.96 cents per $100.00 of assumed total
tentative valuation of $118,812,974.00.
SECTION 2. All taxes levied herein shall be and become
due, and remaining unpaid, shall become delinquent as provided by
law.
SECTION 3. The City Clerk is hereby authorized and
instructed to certify to the County Clerk of Washington County,
Nebraska, the percentage of or number of mills on the dollar of
taxes levied for all City purposes hereunder, on the taxable
property within the City for said year as shown by the assessment
roll for said year, including all special assessments and taxes
assessed as herein provided to be collected in the manner
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
ATTEST:
VERNA R. BULL, CITY CLERK
held on the
16th day of July, 1987.
16th day of July, 1987.
M. STANLEY JENVN/+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
VERNA R. BULL, CITY CT,FRK
ORDINANCE NO. 1463
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, 1987, 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
$5,574,560.0 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 1987-
1988 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 $1,297,618.00
Debt Service $ 124,424.00
Street $ 908,999.00
Revenue Sharing $ 17,012.00
Blair Apartments $ 70,431.0
Water $1,026,259.00
CDBG (CD) $ 264,514.00
Insurance $ 222,438.00
Sewer $ .305,173.0
Water Bond Sr. $ 313,820.00
Water Bond Jr. $ 638,721.00
Sewer. Bond $ 95,625.0
Capital Outlay Res. $ 164,500.00
CDBG (ED) $ 125,026.00.
SECTION 3. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. That this ordinance shall be in force and
take effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 16th day of July, 1987.
ATTEST:
'a
M. STANT,EY JENSEN, /RAY/
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 16th day of July, 1987.
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1464
AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE OFFICERS
AND EMPLOYEES OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES IN
CONFLICT HF+;REWITH; 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 1,
1987, is hereby established and set as follows: Bi- Weekly
Salaries: Doug Bullock - $1,461.54, Verna Bull - $908.31, Alice
Diedrichsen - $630.00, Warren Whitaker - $1,168.62, Herman Allen
- $730.00, Robert Bolton - $730.00, Alan Engelke - $730.00,
Harold Jacobsen - $710.00, Willard Lewis - $710.00, Everett Paine
- $750.00, Patrick Long - $690.00, Kris Robinson - $590.00,
Shawna Reid - $430.00, Brian Fuhlrodt - $670.00, Tony Hale -
$1,082.92, Eddie Kuhl - $890.00, Darwin Shaw - $850.00, John
Sacks - $730.00, John Timm - $810.00, Nick Thallas - $710.00, Don
Buttery - $810.00, Ben Scherer - $730.00, Mitchell Robinson -
$730.00, Joe Lager - $730.00, Dale Stricklett - $710.00, Luverne
Rembold - $590.00, Anne Keenan - $730.00, B1ane Lemmons
$710.00, Bob Hardy - $857.69, Teri S. Warrick - $610.00, Peggy
Frahm - $650.00, Marcia Nickerson - $610.00, Robert Frahm -
$570.00, Dan Coon - $790.00, Red Jensen - $670.00, Mark Adams -
$810.00, Marvin Johnson - $650.00, Vaughn Korth - $770.00, Kenny
Wulf - $770.00, Jim Stier - $770.00, Art Keller - $770.00,
Richard Warrick - $530.00, Bruce Klanderud - $730.00, Dick
Everhart - $790.00. Hourly Wages: DeAnna Jensen - $6.125 per
hour, Leslee Lorenzen - $7.125 per hour, Darlene Safely - $7.375
per hour, Elizabeth Burge - $5.875 per hour. Yearly Salaries:
Councilmembers: 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, Bernard Kros - $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 16th day of July, 1987.
ATTEST:
VERNA R. BULL, C CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
M. STAILtEY 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 16th day of July, 1987.
VERNA R. BULL, CITY CLERK
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AMENDING SECTION 6-
114 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA,
PERTAINING TO DOGS; IMPOUNDING, 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 6 -114 of the Municipal Code of
the City of Blair, Nebraska, is hereby amended to read as
follows:
ORDINANCE NO. 1465
Sec. 6 -114 DOGS; IMPOUNDING. It shall be the duty
of the Municipal Police or their authorized agent
to capture, secure, and remove in a humane manner
to the Municipal Animal Shelter, or to a designated
animal shelter located within or out of the City
limits, any dog violating any of the provisions of
this. Article. The dogs so impounded shall be
treated in a humane manner and shall be provided
with a sufficient supply of food and fresh water
each day. Each impounded dog shall be kept and
maintained at the pound for a period of not less
than five (5) days unless reclaimed earlier by the
owner. Notice of impoundment of all animals,
including any significant marks or identifications,
shall be posted at the office of the City Clerk as
public notification of such impoundment. Any dog
may be reclaimed by its owner during the period of
impoundment by payment of ten ($10.00) dollars as a
general impoundment fee or any other impoundment
fee as set by the Mayor and City Council of the
City of Blair, Nebraska, from time to time. Such
owner or any other person claiming or obtaining
possession of an impounded dog shall also pay a
daily boarding fee of three ($3.00) dollars per day
for each day such dog was impounded at the
Municipal Animal Shelter. Such impoundment fee and
boarding fee may be set and determined from time
to time by resolution. The owner shall then be
required to comply with the licensing and rabies
vaccination requirements within seventy -two (72)
hours after release. If the dog is not claimed at
the end of five (5) days, the Municipal Police or
their auuthorized agent, may dispose of the dog or
destroy in any humane manner within the discretion
of the Municipal Police or their authorized agent;
Provided, that if, in the judgment of the Municipal
Police or their authorized agent, a suitable home
can be found for any such dog, the said dog shall
SECTION 2. 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 Municipal Code of the City
of Blair, Nebraska.
SECTION 3. That 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 September, 1987.
ATTEST:
be turned over to that person and the new owner
shall then be required to pay all fees and meet all
licensing and vaccinating requirements provided in
this Article. The Municipality, or its authorized
agent, shall acquire legal title to a unlicensed
dog impounded in the Animal Shelter after five (5)
days. All dogs shall be destroyed and buried in
the summary and humane manner as presribed by the
Board of Health.
For the' purposes of this Article, impoundment
shall be deemed to have occurred when the animal
has been captured, secured and placed into a
vehicle for transportation to the'Municipal Animal
Shelter or designated animal shelter. (Ref. 16-236,
71-4408 RS Neb.)
V R. B.U, , TTY CLERK
(SEAL)
M. STANLEY JENSE O
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 September, 1987.
VER R. BULL CITY CLERK
ORDINANCE NO. 1466
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AMENDING SECTIONS 5-
613 AND 5 -614 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR,
NEBRASKA, PERTAINING TO DRIVING WHILE INTOXICATED AND PENALTIES
THEREFOR AND TO IMPLIED CONSENT OF AN OPERATOR OF A MOTOR VEHICLE
TO SUBMIT TO CHEMICAL TESTS AND THE PENALTIES THEREFOR.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That Sections 5 -613 and 5 -614 of the Municipal
Code of the City of Blair, Nebraska, are hereby amended to read
as follows:
Sec. 5 -613 DRIVING UNDER INFLUENCE OF ALCOHOLIC
LIQUOR OR DRUG; PENALTIES; REVOCATION OF OPERATOR'S
LICENSE; APPLICABLE TO VIOLATION OF ORDINANCES;
PROBATION; ALCOHOLISM TREATMENT PROGRAM. It shall
be unlawful for any person to operate, or be in
actual physical control of any motor vehicle (1)
while under the influence of alcoholic liquor or of
any drug; (2) when such person has a concentration
of ten- hundredths of one gram or more by weight of
alcohol per one hundred milliliters of in his or her
blood; (3) when such person has a concentration of
ten - hundredths of one gram or more by weight of
alcohol per two hundred ten liters of his or her
breath, or; (4) when such person has a
concentration of ten- hundredths of one gram or more
by weight of alcohol per one hundred milliliters of
his or her urine. Any person who shall operate or
be in the actual physical control of any motor
vehicle while in a condition described in
subdivision (1), (2), (3), or (4) of this section
shall be deemed guilty of a crime and upon
conviction thereof, shall be punished as follows:
1. If such person (a) has not had a previous
conviction under this Section since July 17,
1982, (b) was not convicted under this Section
prior to July 17, 1982, or (c) has not been
convicted under a city or village ordinance
enacted pursuant to this section either prior or
subsequent to July 17, 1982, such person shall
be guilty of a Class W misdemeanor and the Court
shall, as part of the judgment of conviction,
order such person not to drive any motor vehicle
for any purpose for a period of six (6) months
from the date of his or her conviction, and
shall order that the operator's license of such
person be revoked for a like period. If the
Court places such person on probation or
suspends the sentence for any reason, the Court
shall, as one of the conditions of probation or
sentence suspension, order such person not to
drive any motor vehicle for any purpose for a
period of sixty (60) days from the date of the
order;
2. If such person (a) has had one (1) previous
conviction under this Section since July 17,
1982, (b) has been convicted once under this
Section as it existed prior to July 17, 1982, or
(c) has been convicted once under a city or
village ordinance enacted pursuant to this
section either prior or subsequent to July 17,
1982, . such person shall be guilty of a Class W
misdemeanor and the Court shall, as part of the
judgment of conviction, order such person not to
drive any motor vehicle for any purpose for a
period of one (1) year from the date of his or
her conviction, and shall order that the
operator's license of such person be revoked for
a like period.
If the court places such person on probation
or suspends the sentence for any reason, the
court shall, as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of six (6) months from the date of the order and
such order of probation shall include as one of
its conditions confinement in the City or County
jail for forty -eight (48) hours.
If the Court places such person on probation
or suspends the sentence for any reason, the
Court shall, as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of six months from the date of the order and
such order of probation shall include as one of
its conditions confinement in the city or county
jail for forty -eight hours; and
3. If such person (a) has had two or more
convictions under this Section since July 17,
1982, (b) has been convicted two or more times
under State of Nebraska Statutes as it existed
prior to July 17, 1982, (c) has been convicted
two or more times under a city or village
ordinance enacted pursuant to this section
either prior or subsequent to July 17, 1982, or
(d) has been convicted as described in
subdivisions 3 (a) to 3 (c) of this section a
total of two or more times, such person shall be
guilty of a Class W misdemeanor and the court
shall, as part of the judgment of conviction,
order such person not to drive any motor vehicle
in the State of Nebraska for any purpose for a
period of fifteen years from the date of his or
her conviction, and shall order that the
operator's license of such person be revoked for
a like period.
If the court places such person on probation
or suspends the sentence for any reason, the
court shall, as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of one year, and such order of probation shall
include as one of its conditions confinement in
the City or County jail for seven (7) days.
For each conviction under this Section, the
court shall as part of the judgment of
conviction make a finding on the record as to
the number of the defendant's prior convictions
under this Section prior or subsequent to July
17, 1982, and the defendant's prior convictions
under city or village ordinance enacted pursuant
to this section either prior or subsequent to
July 17,. 1982. The defendant shall be given the
opportunity to review the record of his or her
prior convictions, bring mitigating facts to the
attention of the Court prior to sentencing, and
make objections on the record regarding the
validity of such prior convictions.
Any person operating a motor vehicle on the
highways or streets of this state while his or
her operator's license has been permanently
revoked pursuant to subdivision 3 of this
section shall be guilty of a Class IV felony.
Upon conviction of any person of a violation
of such a city or village ordinance, the
provisions of this section with respect to the
license of such person to operate a motor
vehicle shall be applicable the same as though
it were a violation of this section.
4. At the discretion of the Court, any person
convicted of violating this section or violating
any city or village ordinance adopted in
conformance with this section may be required to
attend, at the convicted person's expense, an
alcoholism treatment program as a term of
probation. (Amended by Ord. Nos. 1305, 7/14/81;
1331, 7/27/82)
Sec. 5 -614 DRUNKEN DRIVING; IMPLIED CONSENT OF
OPERATOR OF MOTOR VEHICLE TO SUBMIT TO CHEMICAL
TEST; WHEN TEST ADMINISTERED; REFUSAL; PENALTY.
1. Any person who operates or has in his or her
actual physical control a motor vehicle upon a
public highway in this state shall be deemed to
have given his or her consent to submit to a
chemical test of his or her blood, urine, or
breath, for the purpose of determining the
amount of alcoholic content in such blood,
breath, or urine.
2. Any law enforcement officer who has been duly
authorized to make arrests for violations of
traffic laws of this state or of ordinances of
any city or village may require any person
arrested for any offense arising out of acts
alleged to have been committed while the person
was driving or was in actual physical control of
a motor vehicle while under the influence of
alcoholic liquor to submit to a chemical test of
his or her blood, breath, or urine for the
purpose of determining the alcoholic content of
such blood, breath, or urine, when the officer
has reasonable grounds to believe that such
person was driving or was in the actual physical
control of a motor vehicle upon a public highway
in this state while under the influence of
alcoholic liquor.
3. Any law enforcement officer who has been duly
authorized to make arrests for violation of
traffic laws of this State or ordinances of any
city or village may require any person who
operates or has in his or her actual physical
control a motor vehicle upon a public highway in
this state to submit to a preliminary test of
his or her breath for alcohol content if the
officer has reasonable grounds to believe that
such person has alcohol in his or her body, or
has committed a moving traffic violation, or
has been involved in a traffic accident. Any
person who refuses to submit to such preliminary
breath test or whose preliminary breath test
results indicate an alcohol content of ten -
hundredths of one per cent or more shall be
placed under arrest. Any person who refuses to
submit to such preliminary breath test shall be
guilty of a Class V misdemeanor.
4. Any person arrested as provided in this section
may, upon the direction of a law enforcement
officer, be required to submit to a chemical
test of his or her blood, breath or urine for a
determination of the alcohol content. Any
person who refuses to submit to a chemical
blood, breath, or urine test required pursuant
to this section shall be subject to the
administrative revocation procedures of the
Director of Motor Vehicles provided in sections
39- 669.07 to 39- 669.09 and 39- 669.14 to 39-
669.18 and .shall be guilty of a crime and, upon
conviction thereof, shall be punished as
follows:
(a) If such person (i) has not had a previous
conviction under this subsection since July 17,
1982, (ii) was not convicted under this
subsection prior to July 17, 1982, or (iii) has
not been convicted under a city or village
ordinance enacted pursuant to this subsection as
authorized by section 39- 669.07, either prior or
subsequent to July 17, 1982, such person shall
be guilty of a Class W misdemeanor, and the
court shall, as part of the judgment of
conviction, order such person not to drive any
motor vehicle in the State of Nebraska for any
purpose for a period of six (6) months from the
date of his or her conviction, and shall order
that the operator's license of such person be
revoked for a like period.
If the court places such person on probation
or suspends the sentence for any reason, the
court shall, as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of sixty (60) days.
(b) If such person (i) has had one previous
conviction under this subsection since July 17,
1982, (ii) has been convicted once under this
subsection as it existed prior to July 17, 1982,
or (iii) has been convicted once under a city or
village ordinance enacted pursuant to this
subsection as auuthorized by section 39- 669.07
either prior or subsequent to July 17, 1982,
such person shall be guilty of a Class W
misdemeanor and the court shall, as part of the
judgment of conviction, order such person not to
drive any motor vehicle in the State of Nebraska
for any purpose for a period of one (1) year
from the date of his or her conviction, and
shall order that the operator's license of such
person be revoked for a like period.
If the court places such person on probation
or suspends the sentence for any reason, the
court shall., as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of six (6) months from the date of the order and
such order of probation shall include as one of
its conditions confinement in the city or county
jail for forty -eight (48) hours.
(c) If such person (i) has had two (2) or more
convictions under this subsection since July 17,
1982, (ii) has not been convicted two or more
times under the Statutes of the State of
Nebraska as it existed prior to July 17, 1982,
(iii) has been convicted two or more times under
a city or village ordinance enacted pursuant to
this subsection as authorized by section 39-
669.07 either prior or subsequent to July 17,
1982, or (iv) has been convicted as described in
in subdivisions (c) (i) to (c) (iii) of this
subsection a total of two (2) or more times,
such person shall be guilty of a Class W
misdemeanor and the court shall, as part of the
judgment of conviction, order such person not to
drive any motor vehicle in the State of Nebraska
for any purpose for a period of fifteen years
from the date of his or her conviction and shall
order that the operator's license of such person
be revoked for a like period.
If the court places such person on probation
or suspends the sentence for any reason, the
court shall, as one of the conditions of
probation or sentence suspension, order such
person not to drive any motor vehicle in the
State of Nebraska for any purpose for a period
of one (1) year, and such order of probation
shall include as one of its conditions
confinement in the City or County jail for seven
(7) days.
For each conviction under this Section, the
court shall, as part of the judgment of
conviction, make a finding on the record as to
the number of the defendant's prior convictions
under this subsection prior or subsequent to
July 17, 1982, and the defendant's prior
convictions under a city or village ordinance
enacted pursuant to this subsection or section
39- 669.07 either prior or subsequent to July 17,
1982. The defendant shall be given the
opportunity to review the record of his or her
prior convictions, bring mitigating facts to the
attention of the court prior to sentencing, and
make objections on the record regarding the
validity of such prior convictions.
Any person operating a motor vehicle on the
highways or streets of this state while his or
her operator's license has been revoked pursuant
to subdivision (c) of this subsection shall be
guilty of a Class IV felony.
Any city of village may enact ordinances in
conformance with this subsection. Upon
conviction of any person of a violation of such
city or village ordinance, the provisions of
this subsection with respect to the license of
such person to operate a motor vehicle shall be
applicable the same as though it were a
violation of this subsection.
5. Any person who is required to submit a
preliminary breath test, or to a chemical blood,
breath, or urine test pursuant to this section
shall be advised of the consequences of refusing
to submit to such test. (Ref. 39- 669.08 RS
Neb.) (Amended by Ord. No. 1331, 7/27/82)
SECTION 2. 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 Municipal Code of the City of Blair,
Nebraska.
SECTION 3. That 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 hereof and publication in pamphlet
form as required by law.
ATTEST:
passed and approved this
STATE OF NEBRASKA
)s5
WASHINGTON COUNTY )
held on the 22nd
net
Alice I. Diedrichsen, Acting City Clerk
day of September, 1987.
ALICE I, DIEDRICHSEN, 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
day of September, 1987. (
U1ice I. Diedrichsen, Acting City Clex`
ORDINANCE NO. 1467
AN ORDINANCE ANNEXING A TRACT OF LAND DESCRIBED AS TAX LOT 65,
SECTION 3, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA, AND TAX LOT 121, SECTION 10,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON
COUNTY, NEBRASKA; 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 Michael Jacobson and Debra Jacobson are the
owners of a tract of land described as Tax Lot 65, Section 3,
Township 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, and Tax Lot 121, Section 10, Township 18 North,
Range 11 East of the 6th P.M., Washington County, Nebraska, lying
outside the limits of the City of Blair and that the Mayor and
City Council of the City of Blair desire that said territory,
which is contiguous to the City of Blair, be annexed to said
City, and a plat of said territory to be annexed certified by a
competent surveyor has been prepared.
SECTION 2. That the tract of land described herein be and
the same hereby is annexed to the City of Blair, Nebraska.
SECTION 3. The limits of the City of Blair, Nebraska, are
hereby extended to include said territory.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect
from and after its passage, approval and publication as provided
by law.
ATTEST:
PASSED AND APPROVED this
VERN R. BULL, CIALERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
10th day of November, 1987.
CITY OF BLAIR, NEBRASKA
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting (City Clerk of the City of Blair,
M. STANLEY JENSE�1'I OR
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 November, 1987.
VERN R. BULL, CITY CLERK
ORDINANCE NO. 1468.
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, ESTABLISHING,
CREATING, AND MANDATING A FILING FEE AND SPECIFYING THE MAXIMUM
AMOUNT THEREOF TO BE CHARGED TO NATURAL GAS COMPANIES FOR RATE
APPLICATION FILINGS, 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 22, Natural Gas Rate
Applications, Section 10 -2201 is hereby amended to read as
follows: The municipality shall charge and collect a filing fee
from any natural gas company holding a franchise within the
municipality for any rate filing by such company. The fee shall
be $1,000.00.
SECTION 2. That the prior content of Section 10 -2201 shall
be transferred to a new penal section and Article 23 Penal
Provision, Section 10 -2301 Violations Penalty is hereby
established and created to read as follows:
It shall be unlawful to fail to comply with the
provisions herein, and every person failing to comply
with, or violating any of the provisions of this chapter
shall be deemed to be guilty of a Class III misdemeanor
as defined by the statutes of the State of Nebraska,
Section 28 -106 and upon conviction thereof shall be
fined accordingly.
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 27th day of October, 1987.
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 27th day of October, 1987.
VERNA BULL, CITY CLERK