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1991ORDINANCE NO. 1548 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE FOLLOW- ING DESCRIBED PROPERTY: THE EAST 10.00 FEET OF THE DEDICATED RIGHT -OF -WAY OF TWENTY - FOURTH STREET LYING ADJACENT TO AND ABUT- TING THE WEST LINE OF LOTS 9 AND 10 IN BLOCK 8 AND LOTS 9 AND 10 IN BLOCK 17, ALL IN DEXTERS ADDITION TO THE CITY OF BLAIR, WASH- INGTON 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 the following described property: The East 10.00 feet of the dedicated Right -of -Way of Twenty - Fourth Street lying adjacent to and abutting the West line of Lots 9 and 10 in Block 8 and Lots 9 and 10 in Block 17, all in Dexters Addition to the City of Blair, Washington County, Nebraska, is hereby vacated by the municipality, reserving, however, unto the City of Blair, its successors and assigns, any and all easements for utility purposes. 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 ATTEST: 4 2).L.i.2_,LL.e., ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 92nd day of JE•''� ENNY, • va , J.nuary, 1991. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 held on the 22nd day of January, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1549 AN ORDINANCE REZONING THE REAL ESTATE DESCRIBED AS PART OF TAX LOT 231 LYING IN THE NE1 /4 SW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRAS- KA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTH- EAST CORNER OF THE NE1 /4 SW 1/4 OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST; THENCE N 89 DEGREES 54 MINUTES 30 SECONDS W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1 /4 SW1 /4 A DISTANCE OF 670.91 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 75, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TAX LOT 231 IN SAID SECTION 13 AND THE POINT OF BEGIN- NING; THENCE S 48 DEGREES 55 MINUTES 30 SECONDS E ALONG SAID WESTERLY HIGHWAY R.O.W. LINE A DISTANCE OF 150.55 FEET; THENCE S 48 DEGREES 22 MINUTES 39 SECONDS W A DISTANCE OF 61.98 FEET; THENCE S 84 DEGREES 11 MINUTES 39 SECONDS W A DISTANCE OF 125.45 FEET; THENCE N 38 DEGREES 08 MINUTES 17 SECONDS W A DISTANCE OF 194.61 FEET TO A POINT ON THE NORTH LINE OF SAID NE1 /4 SW1 /4; THENCE S 89 DEGREES 54 MINUTES 30 SECONDS E ALONG SAID NORTH LINE A DISTANCE OF 177.83 FEET TO THE POINT OF BEGINNING; AND CONTAIN- ING 0.63 ACRES, MORE OR LESS, FROM AGG - GENERAL AGRICULTURE DIS- TRICT TO RL - RESIDENTIAL LOW DENSITY DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PRO- VIDING 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 PART OF TAX LOT 231 LYING IN THE NE1 /4 SW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND MORE PARTICULARLY DE- SCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE NE1 /4 SW 1/4 OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST; THENCE N 89 DEGREES 54 MINUTES 30 SECONDS W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1 /4 SW1 /4 A DISTANCE OF 670.91 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 75, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TAX LOT 231 IN SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE S 48 DEGREES 55 MINUTES 30 SECONDS E ALONG SAID WESTERLY HIGHWAY R.O.W. LINE A DISTANCE OF 150.55 FEET; THENCE S 48 DEGREES 22 MINUTES 39 SECONDS W A DIS- TANCE OF 61.98 FEET; THENCE S 84 DEGREES 11 MINUTES 39 SECONDS W A DISTANCE OF 125.45 FEET; THENCE N 38 DEGREES 08 MINUTES 17 SECONDS W A DISTANCE OF 194.61 FEET TO A POINT ON THE NORTH LINE OF SAID NE1 /4 SW1 /4; THENCE S 89 DEGREES 54 MINUTES 30 SECONDS E ALONG SAID NORTH LINE A DISTANCE OF 177.83 FEET TO THE POINT OF BEGINNING; AND CONTAINING 0.63 ACRES, MORE OR LESS, from AGG - General Agriculture District to RL - Residential Low Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved thi ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 12th day of February, 1991. . / :,.00411, 'JENNY, M STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of February, 1991. )AIJ J \J AI:pAAJ A, ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO 1550 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS PART OF TAX LOT 231 LYING IN THE NE1 /4 SW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRAS- KA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTH- EAST CORNER OF THE NE1 /4 SW 1/4 OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST; THENCE N 89 DEGREES 54 MINUTES 30 SECONDS W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1 /4 SW1 /4 A DISTANCE OF 670.91 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 75, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TAX LOT 231 IN SAID SECTION 13 AND THE POINT OF BEGIN- NING; THENCE S 48 DEGREES 55 MINUTES 30 SECONDS E ALONG SAID WESTERLY HIGHWAY R.O.W. LINE A DISTANCE OF 150.55 FEET; THENCE S 48 DEGREES 22 MINUTES 39 SECONDS W A DISTANCE OF 61.98 FEET; THENCE S 84 DEGREES 11 MINUTES 39 SECONDS W A DISTANCE OF 125.45 FEET; THENCE N 38 DEGREES 08 MINUTES 17 SECONDS W A DISTANCE OF 194.61 FEET TO A POINT ON THE NORTH LINE OF SAID NE1 /4 SW1 /4; THENCE S 89 DEGREES 54 MINUTES 30 SECONDS E ALONG SAID NORTH LINE A DISTANCE OF 177.83 FEET TO THE POINT OF BEGINNING; AND CONTAIN- ING 0.63 ACRES, MORE OR LESS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, Shirley E. Wrich is the owner of and has re- quested and desires the annexation by the City of Blair of the following described real estate, to -wit: PART OF TAX LOT 231 LYING IN THE NE1 /4 SW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE NE1 /4 SW 1/4 OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST; THENCE N 89 DEGREES 54 MINUTES 30 SECONDS W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1 /4 SW1 /4 A DISTANCE OF 670.91 FEET TO A POINT ON THE WEST- ERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 75, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TAX LOT 231 IN SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE S 48 DEGREES 55 MINUTES 30 SECONDS E ALONG SAID WESTERLY HIGHWAY R.O.W. LINE A DISTANCE OF 150.55 FEET; THENCE S 48 DEGREES 22 MINUTES 39 SECONDS W A DISTANCE OF 61.98 FEET; THENCE S 84 DEGREES 11 MINUTES 39 SECONDS W A DISTANCE OF 125.45 FEET; THENCE N 38 DEGREES 08 MINUTES 17 SECONDS W A DISTANCE OF 194.61 FEET TO A POINT ON THE NORTH LINE OF SAID NE1 /4 SW1 /4.; THENCE S 89 DEGREES 54 MINUTES 30 SECONDS E ALONG SAID NORTH LINE A DISTANCE OF 177.83 FEET TO THE POINT OF BEGINNING; AND CONTAINING 0.63 ACRES, MORE OR LESS, and, WHEREAS, the Mayor and City Council of the municipality desire that said real estate which is adjacent and contiguous to the current municipal corporate boundary be annexed to the City. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as follows: PART OF TAX LOT 231 LYING IN THE NE1 /4 SW1 /4 OF SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE NE1 /4 SW 1/4 OF SAID SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST; THENCE N 89 DEGREES 54 MINUTES 30 SECONDS W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1 /4 SW1 /4 A DISTANCE OF 670.91 FEET TO A POINT ON THE WEST- ERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 75, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TAX LOT 231 IN SAID SECTION 13 AND THE POINT OF BEGINNING; THENCE S 48 DEGREES 55 MINUTES 30 SECONDS E ALONG SAID WESTERLY HIGHWAY R.O.W. LINE A DISTANCE OF 150.55 FEET; THENCE S 48 DEGREES 22 MINUTES 39 SECONDS W A DISTANCE OF 61.98 FEET; THENCE S 84 DEGREES 11 MINUTES 39 SECONDS W A DISTANCE OF 125.45 FEET; THENCE N 38 DEGREES 08 MINUTES 17 SECONDS W A DISTANCE OF 194.61 FEET TO A POINT ON THE NORTH LINE OF SAID NE1 /4 SW1 /4; THENCE S 89 DEGREES 54 MINUTES 30 SECONDS E ALONG SAID NORTH LINE A DISTANCE OF 177.83 FEET TO THE POINT OF BEGINNING; AND CONTAINING 0.63 ACRES, MORE OR LESS, be and the same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described real estate. 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 after its passage, approval and publication as provided by law. ATTEST: PASSED AND APPROVED this 12th day of February, 1991. CITY OF BLAIR, NEBRASKA BY JE OM JENNY,epOR tie 41_ ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of February, 1991. / 9A -L/b).1.44 ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1551 AN ORDINANCE AMENDING SECTION 5 -613 OF THE MUNICIPAL CODE OF TIM CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR THE PROHIBITIO1 AGAINST DRIVING UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR OR DRUGS ESTABLISHING PENALTIES THEREFORE, PROVIDING FOR AN IMPLIED CON. SENT OF THE OPERATOR OF A MOTOR VEHICLE TO SUBMIT TO CHEMICAL TESTS, AND ESTABLISHING WHEN SUCH TEST WOULD BE ADMINISTERED, AN1 THE PENALTIES FOR REFUSAL THEREOF, REPEALING ALL ORDINANCES 01 PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THI! ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CIT' OF BLAIR, NEBRASKA: SECTION 1. That Section 5 -613 of the Municipal Code o. the City of Blair, Nebraska, is hereby amended to read as fol. lows: Sec. 5 -613 DRIVING UNDER INFLUENCE OF ALCOHOLIC LIQUOR QR DRUG: PENALTIES: REVOCATION OF OPERATOR'S LICENSE: APPLICABLE TO VIOLA- TION OF ORDINANCES: PROBATION: ALCOHOLISM TREATMENT PROGRAM. II shall be unlawful for any person to operate, or be in actua: physical control of any motor vehicle (1) while under the influ- ence of alcoholic liquor or of any drug; (2) when such persor has a concentration of ten - hundredths of one gram or more b weight of alcohol per one hundred milliliters of his or her blood; (3) when such person has a concentration of ten hundredthE of one gram or more by weight of alcohol per two hundred ter liters of his or her breath, or; (4) when such person has concentration of ten - hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her urine. And person who shall operator or be in the actual physical control of any motor vehicle while in a condition described in subdivisior (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 has not had a previous conviction under any City or Village Ordinance or State Statute ten (10) years prior to the date of the current conviction 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 opera- tor'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 sus- pension, order such person. not to drive any motor vehi- cle 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 convic- tion under any City or Village Ordinance or State Stat- ute ten (10) years prior to the date of the current conviction 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 sus - pension, order such person not to drive any motor vehi- cle 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. 3. If such person (a) has had two or more convictions under any City or Village Ordinance or State Statute ten (10) years prior to the date of the current conviction 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 fif- teen (15) 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 sus- pension, order such person not to drive any motor vehi- cle 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 defend- ant's prior convictions under any City or Village Ordi- nance or State Statute ten (10) years prior to the date of the current conviction. The defendant shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the atten- tion of the Court prior to sentencing, and make objec- tions on the record regarding the validity of such prior convictions. For the purposes of this section, the ten (10) year period shall be computed from the date of the prior offense to the date of the offense which resulted in the current conviction. The term conviction under this section and prior conviction shall include any convic- tion under any City or Village Ordinance or State Stat- ute as it existed at the time of such conviction regard- less of any subsequent amendments to any City or Village Ordinance or State Statute. Upon conviction of any person of a violation of such a city or village ordinance, the provisions of this sec- tion 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. At the discretion of the Court, any person convicted of violating this section may be required to attend, at the convicted person's expense, an alcoholism treatment program as a term of probation. (Amended by Ord. Nos. 1305, 7/14/81; 1331, 7/27/82) Sec. 5 -614 DRUNKEN DRIVING: IMPLIED CONSENT OF OPERATOR OF MOT( VEHICLE TO SUBMIT TO CHEMICAL TEST; WHEN TEST ADMINISTEREI 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 alcohol- ic 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 au- thorized 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 hun- dredths of one per cent or more shall be placed under arrest. Any person who refuses to submit to such pre- liminary breath test shall be guilty of a Class V misde- meanor. 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 alco- hol 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 convic- tion under any City or Village Ordinance or State Stat- ute ten (10) years prior to the date of the current conviction such person shall be guilty of a Class W misdemeanor, and the court shall, as part of the judg- ment 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 sus- pends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspen- sion, 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 any City or Village Ordinance or State Statute ten (10) years prior to the date of the current conviction 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 sus- pends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspen- sion, 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 convic- tions under any City or Village Ordinance or State Statute ten (10) years prior to the date of the current conviction 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 sus- pends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspen- sion, 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 defend- ant's prior convictions under any City of Village Ordi- nance or State Statute ten (10) years prior to the date of the current conviction. 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 convic- tions. For the purposes of this section, the ten (10) year period shall be computed from the date of the prior offense to the date of the offense which resulted in the current conviction. The term conviction under this section and prior conviction shall include any convic- tion under any City or Village Ordinance or State Stat- ute as it existed at the time of such conviction regard- less of any subsequent amendments to any City or Village Ordinance or State Statute. 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. All ordinances or parts of ordinances ir conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force c effect from and following the passage hereof and publication ir pamphlet form as required by law. Passed and approved this 17th day of February, 1991. ATTEST: Cd t - it g,i2pA ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the dull appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passec at a regular meeting of the Mayor and City Council of said Cite held on the 12th day of February, 1991. ALICE I. DIEDRICHSEN, CITY CLERK AN ORDINANCE REZONING TAX LOT 140, SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND LOT 7, HUBER'S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM - RESIDENTIAL MEDIUM DENSITY DISTRICT TO CH - HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as Tax Lot 140, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebras- ka, and Lot 7, Huber's Addition to the City of Blair, Washington County, Nebraska, from RM - Residential Medium Density District to CH - Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this '2th day of March, 1991. ATTEST: 4&P-OPA.$1, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1552 —OR STATE OF NEBRASKA )ss WASHINGTON COUNTY 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of March, 1991. t Cl ,4011/4, ALICE I. DIEDRICHSEN, CITY CLERK AN ORDINANCE REZONING TAX LOT 218, SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM RM - RESIDENTIAL MEDIUM DENSITY DISTRICT TO CH - HIGHWAY COMMER- CIAL 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 Tax Lot 218, Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebras- ka, from RM - Residential Medium Density District to CH - Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair 'should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 12th day of I rch, 1991. ATTEST: a/U: 0 10.-c:p-cd/Lc_e_-1-1 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1553 ER,,� E JENNY, MA STATE OF NEBRASKA )ss WASHINGTON COUNTY 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of March, 1991. al te:A2' ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1554 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING PART OF THE DEDICATED RIGHT OF WAY OF TWENTIETH STREET IN THE CITY OF BLAIR, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 1, DEXTER'S ADDITION AND ASSUMING THE WEST LINE OF BLOCK 1 TO BEAR DUE NORTH AND SOUTH; THENCE SOUTH ALONG SAID WEST LINE A DISTANCE OF 220.00 FEET TO THE SOUTHWEST CORNER OF BLOCK 1; THENCE WEST A DISTANCE OF 18.50 FEET; THENCE NORTH A DISTANCE OF 220.0 FEET; THENCE EAST A DISTANCE OF 18.50 FEET TO THE 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. SECTION 1. That part of the dedicated right of way of Twentieth Street in the City of Blair described as follows: Beginning at the Northwest corner of Block 1, Dexter's Addition and assuming the West line of Block 1 to bear due North and South; thence South along said West line a distance of 220.0 feet to the Southwest corner of Block 1; thence West a distance of 18.50 feet; thence North a distance of 220.00 feet; thence East a distance of 18.50 feet to the point of beginning, is hereby vacated and abandoned by the municipality. 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 March, 1991. JER JENNY, MAY, ATTEST: a..6„) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of March, 1991. e ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1555 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 8, DEXTER'S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND ASSUMING THE WEST LINE OF SAID LOT 10 TO BEAR DUE NORTH AND SOUTH; THENCE WEST 10.00 FEET; THENCE NORTH 140.00 FEET; THENCE EAST 10.00 FEET; THENCE SOUTH 140.00 FEET TO THE POINT OF BEGIN- NING, PROVIDING FOR THE TERMS AND CONDITIONS OF SAID SALE, RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the real estate described as beginning at the Southwest corner of Lot 10, Block 8, Dexter's Addition to the City of Blair, Washington County, Nebraska, and assuming the West line of said Lot 10 to bear due North and South, thence West 10.00 feet; thence North 140.00 feet; thence East 10.00 feet; thence South 140.00 feet to the point of beginning, should be sold and conveyed by the City of Blair, Nebraska, to Howard Kay, reserving to the City, however, an easement across said real estate for any existing utilities located on the premises. SECTION 2. That the consideration to be paid by Howard Kay for such real estate is the sum of $300.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of the proposed agreement attached hereto and marked Exhibit "A ". 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 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 26th day of March, 1991. ATTEST: o • (;Y ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of March, 1991. ALICE I. DIEDRICHSEN, CITY CLERK AN ORDINANCE -REZONING LOTS 1, 2, 3, AND A-IN BLOCK 57 IN THE ORIGINAL TOWNSITEi'CITY Or. BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM' RMH ,- MULTIFAMILTRESIDENTIAL HIGH DENSITY DISTRICT TO CCB - CENTRAL BUSINESS- 'DISTRICT, REPEALING ALL ORDINANCES'ORPARTS OF--' ORDINANCES WHEN THIS ORDINANCE SHALL BE IN -- BEIT . ORDAIWED'BY - THE MAYOR AND CITY - COUNCIL 'OF 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 Lots 1, 2, 3, and 4 in Block 57 in the original townsite, City of Blair, Washington County, Nebraska, from RMH Multi-Family Residential High Density District to CCB - Central Business 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 day of i 1991. ATTEST: (SEAL) AA') pEGGY 1. FRAHM, EPUTY - CITY CLERK ORDINANCE NO'. 1556 .ice, JE P - V - JENNY, M /f STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) MIRY J. FRAM, 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 23rd day of April, 1991. , _,Cp9fA-1 PEqgy ug FRAHM DEPJTY CITY CLERK ' '• • ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1557 JERJ ) VENN , MAYOR AN ORDINANCE REZONING LOTS 9, 10, 11, AND 12, BLOCK 86, CITY -OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM ML - LIGHT. INDUSTRIAL AND MANUFACTURING DISTRICT TO CCB. - CENTRAL BUSINESS 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 Lots 9, 10,' 11, and 12, Block 86 in the City of Blair, Washington County, Nebraska, from ML - Light Industrial and Manufacturing District to CCB .- Central Business 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 ._.14TH day of M 1991. STATE OF NEBRASKA )ss WASHINGTON COUNTY ) 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14TH day of May, 1991. A ,? n . N. - 1a ,. 0 .P ..P..4 ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1558 AN ORDINANCE AMENDING AND CREATING VARIOUS SECTIONS OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY REDEFINING TERMS AND CONDITIONS FOR REQUIREMENTS FOR HOME OCCUPATIONS, DEFINITIONS AND DISTRICTS ALLOWED FOR REPAIR GARAGES, AND DEFIN- ING AND SETTING CRITERIA FOR ESTABLISHING SPECIAL USE PERMITS FOR AND ESTABLISHING DISTRICTS ALLOWING DAY NURSERIES, GROUP DAY CARE HOMES, AND DAY CARE CENTER, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDI- NANCE 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 303.01(69) of the zoning regu- lations of the City of Blair is hereby amended to read as fol- lows: (69) HOME OCCUPATION shall mean any commercial use customarily conducted entirely within a dwelling or a permitted accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure and premises for dwelling purposes and which use does not change the character thereof. All of the following criteria shall apply for the evaluation of "Home Occupation ": A. There shall be not more than one (1) person or employee other than the members of the resident family. B. There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses. C. There shall be no sales of products or services not produced on the premises unless such sales are secondary and incidental to a primary service which is the home occupation. D. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located. E. It shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one (1) ton, owned by the operator of such home occupations. F. No indoor storage of materials or supplies, other than for purposes other than those permitted in the district. No outdoor storage of any materials, supplies, or equipment shall be allowed or permitted. Unless permitted in the district, no nonlicensed vehicles or equipment shall be allowed on the premises. G. It shall not involve the use of signs or structures other than those permitted in the district in which it is a part. H. Not more than twenty percent (20 %) of the square footage of finished living area in the dwelling, not to exceed 250 square feet, shall be used for the home occupation either in the dwell- ing, attached or detached garage or accessory building permitted in the district. In the event the building, room, or space utilized for the home occupation exceeds the maximum allowable area which may be utilized for the home occupation, the building, room, or space shall be partitioned to limit the area to the maximum allowed. I. All doors, windows, or any other openings in the area uti- lized for home occupations shall be closed during operation. J. In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.) K. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district. L. The use does not infringe upon the right of neighboring residents to enjoy peaceful and healthful occupancy of their home. M. No flammable or hazardous materials for the home occupation shall be stored or used on the premises other than materials or supplies and in such quantities as are recognized as being normal materials or supplies present in the district. N. No noise, sound, vibrations, fumes, smoke, odors, gasses, air contaminants, heat, glare, or electrical interference from the conduct of the occupation be present or exist outside of the structure. 0. The following are deemed not to be home occupations and, therefore, may be conducted without the necessity of obtaining a special use permit for a home occupation: (1) Sales persons where there are no on sight transac- tion. (2) Businesses to the extent that book or paper work and telephone transactions occur on the premises, and where there is no fabrication, production of goods or services on the premises, and where storage of inventory or equipment, excluding one business vehicle, is limited to a maximum of 100 square feet. (3) Music, art, dance, or educational instruction or tutoring, providing that no more than 4 students are present at any one time. (4) Seamstresses and tailors. (5) Home crafts which are of a hobby nature. (6) Businesses which activities are limited strictly to telephone transactions. (•7) Babysitters or day care providers providing care for three or less individuals from different families. (8) Garden produce. SECTION 2. That Section 303.01(14A) of the zoning regula- tions of the City of Blair defining body shop is hereby deleted. SECTION 3. That Section 303.01(62) of the zoning regula- tions of the City of Blair is hereby amended to read as follows: (62) GARAGE, REPAIR: Buildings and premises where repairs performed on the mechanical systems and bodies of any licensed or unlicensed vehicle or motorized equipment. In addition, all sales and services provided for in an automobile service station may be provided in a repair garage. SECTION 4. That Section 303.01(104A) of the zoning regula- tions of the City of Blair is hereby created to read as follows: (104A) REPAIR GARAGE: See GARAGE, REPAIR. SECTION 5. That Section 901.02 of the zoning regulations of the City of Blair is hereby amended to read as follows: 901.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right: (1) Wholesale, storage and warehouse uses; (2) Signs subject to SECTION 1114 of this Ordinance; (3) Agricultural uses except feedlots; (4) Automobile service stations; (5) Printing and publishing businesses; (6) Truck and freight terminals; (7) Utility substation, pumping station, and water reservoir; (8) Gasoline filling station; (9) Building materials and fuel yards; (10) Contractors yards; (11) Highway maintenance yards or buildings;; (12) Railroad yards; (13) Repair garage; (14) Any industrial use which can meet the performance standards for this district set forth in SECTION 1115.01 of this Ordinance provided such is not specifically prohibited. SECTION 6. That Section 801.12 of the zoning regulations of the City of Blair is hereby created to read as follows: 801.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and requirements as provided herein, in the circum- stance of a repair garage, all vehicles or motorized equipment awaiting repair, under repair, and all parts and materials shall be screened on all sides by a solid fence or a masonry wall or compact growth or natural plant materials not less than eight feet in height. Such screened area shall be limited to an area behind the rear line of any building or structure used as a repair garage on the premises. SECTION 7. That Section 901.12 ,of the zoning regulations of the City of Blair is hereby created to read•as follows: 901.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and requirements as provided herein, in the circum- stance of a repair garage, all vehicles or motorized equipment awaiting repair, under repair, and all parts and materials shall be screened on all sides by a solid fence or a masonry wall or compact growth or natural plant materials not less than eight feet in height. Such screened area shall be limited to an area behind the rear line of any building or structure used as a repair garage on the premises. SECTION 8. That Section 303.01(38) of the zoning regula- tions of the City of Blair is hereby deleted. SECTION 9. That Section 303.01(52A) of the zoning regula- tions of the City of Blair is hereby created to read as follows: (52A) FAMILY DAY CARE HOME: A facility or private home provid- ing care to four or more children from different families and is required to be licensed as a Family Day Care Home by the State of Nebraska Department of Social Services. SECTION 10. That Section 303.01(66) of the zoning regula- tions of the City of Blair is hereby amended to read as follows: (66) GROUP DAY CARE HOME: A facility, other than a public or parochial school which is in the business of providing care to four or more children from more than one family, and is required to be licensed as a Group Day Care Home by the State of Nebraska Department of Social Services. SECTION 11. That Section 303.01(38A) is hereby created to read as follows: (38A) DAY CARE CENTER: A facility, other than a public or parochial school which provides care to four or more children from more than one family, and is required to be licensed as a Day Care Center by the State of Nebraska Department of Social Services. SECTION 12. That Section 501.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 501.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the AGG General Agricultural District in accordance with Article 14 of this Ordinance. (1) Airports and heliports including crop dusting strips; (2) Farm equipment service and repair; veterinary services; commercial auction yards and barns; bulk storage of petroleum products for distribution or direct sales to agricultural consumers; (3) Gun clubs; guest ranches; drive -in theaters; racetracks or strips used for the racing of horses, automobiles or motorcycles; stadiums for contests for football, baseball, soccer, track and field and other sports events, but not including enclosed uses such as a bowling alley; (4) Public and private open recreational facilities, operated for profit or otherwise, including golf courses, country clubs and appurtenant pro shops including restaurants, and liquor sales, subject to Section 10 -i of the Blair City Cade, golf driving ranges, archery ranges, swimming pools, riding academies, and commercial stables, parks, community centers, but not including enclosed uses such as a bowling alley; (5) Community facilities and institutions including monasteries, convents and other religious institutions; public and private philanthropic and charitable institutions; cemeteries; hospitals, sanitariums, nursing homes and rest homes; private, noncommercial clubs and lodges; (6) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art.galleries, police and fire stations and other buildings, structures, and facilities; (7) Penal institutions; (8) Sewage treatment plants for primary and secondary treatment; public and private sanitary land fills; gravel plants and asphalt or concrete batch plants; (9) Salvage yards; (10) Rock, sand and gravel extraction and processing sites; (11) Boarding and training or breeding kennels; (12) Gas and oil wells; (13) Agricultural retail and wholesale establishments and grocery stores, service stations and restaurants for convenience of rural areas; (14) Radio and television broadcasting studios and transmitting structures; (15) Commercial feedlots, as defined in SECTION 303.01, subject to the Department of Environmental Control's Rules and Regula- tions pertaining to Livestock Waste Control, as amended; (16) One family residences, including mobile homes, for farm residents adjacent to the principal farm residence for occupation by relatives of consanguinity and marriage or for farm workers employed on the premises; (17) Family day care home, group day care home, or day care center. SECTION 13. That Section 701.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 701.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the RRE Rural Residential Estate District in accordance with ARTICLE 14 of this Ordinance. (1) Home occupations. (2) Temporary subdivision sales offices and signs and model home display areas. (3) Signs subject to SECTION 1114 of this Ordinance. (4) Family day care home, group day care home, and day care center. SECTION 14. That Section 702.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 702.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the RL Residential Low Density District in accordance with ARTICLE 14 of this Ordinance: (1) Home occupations and home professional offices, except barber and beauty shops; (2) Public and quasi-public uses of an education, recreational, or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private nonprofit schools and colleges; churches, par- sonages, and other religious institutions; (3) Public and private charitable institutions; (4) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings,,,. structures, and facilities; (5) Cemeteries; (6) Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and /or elevated pressure tanks; (7) Signs subject to SECTION 1114 of this Ordinance; (8) Family day 'care home, group day care home, or day care center. SECTION 15. That Section 703.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 703.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the RM Residential Medium Density District in accordance with ARTICLE 14 of this Ordinance. (1) Home occupations and home professional offices; (2) Public and quasi-public uses of an educational, recreational or religious type including public and parochial elementary schools, junior high schools; high schools and colleges; churches, nursery schools; private nonprofit schools and colleges; parsonages, and other religious institutions, public parks, public playgrounds; (3) Public and private charitable institutions; (4) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facili- ties; (5) Cemeteries; (6) Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and /or elevated pressure tanks; (7) Convalescent, nursing and rest homes; (8) Hospitals, medical and dental clinics and other medical and health facilities; (9) Two family dwellings; (10) Bicycle sales and repair shops; (11) Signs subject to SECTION 1114 of this Ordinance. (12) Family day care home, group day care home, or day care center. SECTION 16. That Section 704.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 704.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled the City Council may permit the following conditional uses as exceptions in the RML Multi - Family Residential Low Density District in accordance with ARTICLE 14 of this Ordinance: (1) Home occupations and home professional offices; (2) Public and quasi - public uses of an educational, recreational or religious type including public and 'parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private nonprofit schools and colleges; (3) Public and private charitable institutions; (4) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; (5) Cemeteries; (6) Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and /or elevated pressure tanks; (7) Convalescent, nursing and rest homes; (8) Hospitals, medical and dental clinics and other medical and health facilities; (9) Professional offices; (10) Funeral homes and funeral chapels; (11) Mobile home parks under prescribed conditions of SECTION 1112.02 of this Ordinance; (12) Signs subject to SECTION 1114 of this Ordinance; (13) Multi - family dwellings, to a maximum of six units; (14) Family day care home, group day care home, or day care center. SECTION 17. That Section 705.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 705.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the RMH Multi - Family Residential High Density District in accordance with ARTICLE 14 of this Ordinance: (1) Home occupations and home professional offices; (2) Public and quasi - public uses of an educational, recreational or religious type including public and parochial elementary schools, junior high schools and colleges; nursery schools; private and nonprofit schools and colleges; churches, parsonages, and other religious institutions; public parks, public playgrounds; (3) Public and private charitable institutions; (4) Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; (5) Cemeteries; (6) Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and /or elevated pressure tanks; (7) Convalescent, nursing and rest homes; (8) Boarding and rooming houses; (9) Hospitals, medical and dental clinics and other medical and health facilities; (10) Professional offices; (11) Funeral homes and funeral chapels; (12) Mobile home parks under prescribed conditions of SECTION 1112.02 of this Ordinance; (13) Signs subject to SECTION 1114 of this Ordinance; (14) Family day care home, group day care home, or day care center. SECTION 18. That Section 801.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 801.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CH Highway Commercial District in accordance with ARTICLE 14 of this Ordinance. (1) Amusement parks; carnivals, circuses, outdoor festivals and other transient amusement enterprises; drive -in theaters; golf driving ranges; pony rings; and skating rinks; (2) Churches and other religious institutions; (3) Private clubs and lodges; (4) Public buildings and grounds; (5) Go -Cart race tracks. (6) Overnight recreational vehicle parking areas limited to six spaces in conjunction with another permitted use. (7) Multi- family dwellings; (8) Family day care home, group day care home, or day care center. SECTION 19. That Section 803.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 803.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CN Neighborhood Commercial District in accordance with ARTICLE 14 of this Ordinance: (1) Service stations (gasoline), excluding automotive repair services not included in the definition of "Automotive Service Station" as provided in SECTION 303.01 of this Ordinance, provided that all operations except the sale of gasoline and oil, shall be conducted in a building enclosed on at least two (2) sides; (2) Electric distribution substations, gas regulator stations, communications equipment buildings, public service pumping sta- tions and /or elevated pressure tanks; (3) Drive -in restaurants; (4) Family day care home, group day care home, or day care center. SECTION 20. That Section 804.04 of the zoning regulations of the City of Blair is hereby amended to read as follows: 804.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CL Limited Commercial District in accordance with ARTICLE 14 of this Ordinance: (1) Barber shops; (2) Beauty shops; (3) Mortuary; (4) Hotel; (5) Photographer; (6) Telephone exchange;, (7) Commercial centers; (8) Family day care home, group day care home, or day care center. SECTION 21. All persons or other entities owning, operating, or maintaining a family day care home, group day are home, or day care center as licensed by the State of Nebraska as of the date of this Ordinance shall obtain a special use permit for the continued operation thereof on or before the next renewal date of their license as issued by the State of Nebraska. All persons or other entities commencing operation thereof on or after the date of this Ordinance shall obtain such special use permit before commencing operations. SECTION 22. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 23. This Ordinance shall be published by print- ing of same in pamphlet form which shall be available for inspec- tion at the office of the City Clerk and shall be in full force and effect from and following passage and publication hereof as provided by law. ATTEST: (SEAL) Passed and approved ti day of May, 1991. ..bk.-...._ r INIF•Nr.:41, - AV ,0 410 I JENNYMA OR ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the t4'rR day of May, 1991. ), A A --P ALICE I. DIEDRICHSEN, CITY CLERK Public notice Council of the City of 14, 1991, have passed title of which reads as NOTICE is hereby given that the Mayor and City Blair, Nebraska, at their meeting on May and approved Ordinance No. 1558 the follows: AN ORDINANCE AMENDING AND CREATING VARIOUS SECTIONS OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA,.GENERALLY REDEFINING TERMS AND CONDITIONS FOR REQUIREMENTS FOR HOME OCCUPATIONS, DEFINITIONS AND DISTRICTS ALLOWED FOR REPAIR GARAGES, AND DEFIN- ING AND SETTING CRITERIA FOR ESTABLISHING SPECIAL USE PERMITS FOR AND ESTABLISHING DISTRICTS ALLOWING DAY NURSERIES, GROUP DAY CARE HOMES, AND DAY CARE CENTER, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDI- NANCE SHALL BE IN FULL FORCE AND EFFECT. Said Ordinance has been published in pamphlet form. Copies of the Ordinance as so published are available at the office of the City Clerk at City Hall in Blair, Nebraska. ALICE I. DIEDRICHSEN, CITY CLERK Please publish May 20 , 1991, and furnish one proof of publica- tion to the City Clerk. ORDINANCE NO. 1559 AN ORDINANCE AMENDING SECTION 1110 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, SUCH AMENDMENT GENERALLY DEFINING MINIMUM SIDE, REAR, AND FRONT YARD REQUIREMENT IN THE CIRCUM- STANCE WHERE CONTIGUOUS LOTS OR PARTS THEREOF HAVE BEEN PERMA- NENTLY APPENDED AND BOUND BY RESTRICTIONS RUNNING WITH THE LAND THAT SEPARATE LOTS OR PARTS THEREOF MAY NOT BE CONVEYED WITHOUT THE OTHER IN A SIMULTANEOUS TRANSACTION TO THE SAME GRANTEE, 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 1110 of the zoning regulations of the City of Blair is hereby amended to read as follows: SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE- MENTS 1. Where forty (40) percent or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed, with a variation of five (5) feet or less, a front yard greater in depth than herein required, new buildings shall be erected closer to the street than the front yard so established by the existing buildings. a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or b. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building. 2. Where two (2) lots are under common ownership and have been permanently appended to each other by an agreement in writing by the owners thereof running with the land and binding upon the heirs, personal representatives, successors, and assigns of such owners, which such agreement provides that such lots or portions of lots are permanently appended meaning that they may not be conveyed without the other in a simultaneous transaction to the same grantee, for the determination of minimum front, rear, and side yard requirements, the outer boundary of such lots shall be considered the lot line for establishing such set back require- ments, and no set back requirement of any internal lot lines separating such permanently appended lots shall be required. SECTION 2. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed and approved this 11th day of 'June 1991. ATTEST: E JENNY, M ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of June 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1560 AN ORDINANCE CREATING SECTION 1208 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR CERTAIN EXTENSIONS OF NONCONFORMING USES, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That Section 1208 of the zoning regulations of the City of Blair is hereby amended to read as follows: SECTION 1208 NONCONFORMING USES, LIMITED EXTENSION OF NONPERMA- NENT NATURES. Notwithstanding any other provisions of Article 12, the City Council may by a nonconforming use permit, after public hearing and referral to a recommendation from the Planning Commission, authorize and permit an extension of a nonconforming use where the following conditions and criteria are met. A. Such extension must be temporary in nature and may be removed or discontinued without any alteration of the premises, and that no permanent improvements are made to or placed on the premises except as are allowable as a permitted use within the existing district designation. B. No structure as defined by the municipal building code may be constructed except as is allowable as a permitted use within the existing district designation. C. Any such temporary extension shall be on the same terms and conditions as the nonconforming uses. Any temporary extension permit shall terminate at the earlier of the termination of the original nonconforming use or a time period specified in the terms of the permit. The applicants shall enter into a written agreement acknowledging all conditions and terms of the permit. The agreement shall be binding upon the heirs, personal represen- tatives, successors, grantees, and assigns of the applicant. D. The City Council may also subject such extension to any and all other conditions as may be necessary considering the location and characteristics of the use and shall not grant such extension if it is detrimental to the health, safety, morals, and general welfare of the area. E. The extension of the nonconforming use shall be for no other use other than as the original nonconforming use. F. All other conditions and requirements of the current zoning regulations must be complied with and met in their entirety. G. The use may not be extended to lands or premises outside of the boundary of the tract which existed for the nonconforming use at the time such use became nonconforming. SECTION 1208.01 APPLICATION REQUIREMENT. A request for such nonconforming use permit may be initiated by the property owner or his attorney by filing an application with the City Adminis- trator upon forms prescribed for the purpose. The application and procedure for hearing same shall be the same as set forth under Article 16 of the Zoning Regulations. SECTION 2. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed and approved this ,11th ATTEST: 1" ` , „ �L11 jive CE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) day of June, 1991. 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of June, 1991. OA ALICE I. DIED I CHSEN, CITY CLERK ORDINANCE NO. 1561 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING A PORTIOD OF ELEVENTH STREET SOUTH OF STATE STREET DESCRIBED AS THAT PARR OF THE DEDICATED RIGHT OF WAY OF ELEVENTH STREET IN THE CITY OF BLAIR LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF STATE STREET AND NORTH OF THE SOUTH LINE OF BLOCK 21 IN THE ORIGINAL TOWNSITE OF BLAIR PROJECTED EAST, 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. the Blair North Blair of the South line of Block 21 in the original townsite of projected East is hereby vacated by the municipality, reserving, however, unto the City of Blair, its successors and assigns, any and all easements for utility purposes. 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 thi ATTEST: SECTION 1. That the property described as that part of dedicated right of way of Eleventh Street in lying South of South right of way line ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) of State Street 11th day of June, 1991. ONE JENNY, M R the City of and STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is th duly appointed, qualified and acting City Clerk of the City o Blair, Nebraska, and that the above and foregoing Ordinance wa; passed and approved at a regular meeting of the Mayor and Cit: Council of said City held on the 11th day of June, 1991. 0 ; A f) ra -4aP1,e. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1562 AN ORDINANCE AMENDING SECTION 1-810 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, REDISTRICTING THE MUNICIPALITY IN FOUR WARDS PURSUANT TO THE MOST RECENT FEDERAL CENSUS COUNT, 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 1-810 of the Municipal Code of the City of Blair, Nebraska, is hereby amended to read as fol- lows: Sec. 1-810. ELECTIONS: WARDS, The Municipality shall redistrict as often as necessary using the most recent Federal Census to insure that each Ward is substantially equal in population. The Municipality shall be divided into four (4) Wards. FIRST WARD The First Ward shall include all territory and land within the Municipality lying North and East of the following described line: Beginning at the intersection of the centerline of U.S. Highway No. 30 and the East corporate limits; thence Westerly along the centerline of U.S. Highway No. 30 to the centerline of Tenth Street; thence Northerly along the centerline of Tenth Street to the centerline of Nebraska Street; thence Westerly along the centerline of Nebraska Street to the centerline of Fourteenth Street; thence Southerly along the centerline of Fourteenth Street to the centerline of State Street; thence Westerly along the centerline of State Street to the centerline of Seventeenth Avenue; thence Southerly along the centerline of Seventeenth Avenue to the centerline of the Chicago and North- western Railroad; thence Westerly along the centerline of the Chicago and Northwestern Railroad to the 1/4 1/4 line West of the East line of Section 11, Township 18 North, Range 11 East of the 6th P.M.; thence Northerly along the 1/4 1/4 line West of the East line of Section 11, Township 18 North, Range 11 East and the 1/4 1/4 line West of the East line of Section 2, Township 18 North, Range 11 East to the North corporate limits. SECOND WARD The Second Ward shall include all territory and land within the Municipality lying South and West of the following described line: Beginning at the intersection of the South line of Section 10, Township 18 North, Range 11 East and the Easterly right of way of the Chicago and Northwestern Railroad; thence Northerly along the Easterly right of way of the Chicago and Northwestern Railroad to the East line of Section 10, Township 18 North, Range 11 East; thence Northerly along the East line of Section 10, Township 18 North, Range 11 East to the Northerly right of way of the Chicago and Northwestern railroad; thence Northeasterly along the Northerly right of way of the Chicago and Northwestern Rail- road to the Southwesterly corner of Tax Lot 541 in Section 11, Township 18 North, Range 11 East; thence Northeasterly along the Westerly line and projection thereof of Tax Lot 541 to the cen- terline of Twenty - Seventh Street; thence Southeasterly along the centerline of Twenty - Seventh Street to the centerline of Nebraska Street; thence Easterly along the centerline of Nebraska Street to the centerline of Twenty -Third Street; thence Southerly along the centerline of Twenty -Third Street to the centerline of the Chicago and Northwestern Railroad; thence Easterly along the centerline of the Chicago and Northwestern Railroad to the cen- terline of Seventeenth Avenue; thence Northerly along the center- line of Seventeenth Avenue to the centerline of State Street; thence Easterly along the centerline of State Street to the centerline of Sixteenth Street; thence Southerly along the cen- terline of Sixteenth Street to the centerline of South Street; thence Westerly along the centerline of South Street to the centerline of Seventeenth Street; thence Southerly along the centerline of Seventeenth Street to the centerline of Butler Street; thence Westerly along the centerline of Butler Street and Butler Avenue to the Easterly right of way of U.S. Highway No. 30; thence Southerly along the Easterly right of way of U. S. Highway No. 30 to the South line of Huber Addition; thence East- erly along the South line of Huber Addition to the 1/4 1/4 line West of the East line of Section 14, Township 18 North, Range 11 East; thence Southerly along the 1/4 1/4 line West of the East line of Section 14, Township 18 North, Range 11 East and the 1/4 1/4 line West of the East line of Section 23, Township 18 North, Range 11 East to the 1/4 1/4 line South of the North line of Section 23, Township 18 North, Range 11 East; thence Westerly along the 1/4 1/4 line South of the North line of Section 23, Township 18 North, Range 11 East to the East line of Tax Lot 68 in Section 23, Township 18 North, Range 11 East; thence Southerly along the East line of Tax Lot 68 to the South line of Tax Lot 68; thence Westerly along the South line of Tax Lot 68 to the Easterly right of way of State Highway No. 133; thence Southerly along the Easterly right of way of State Highway No. 133 to the East -West 1/4 line of Section 23, Township 18 North, Range 11 East. THIRD WARD The Third Ward shall include all territory and land within the Municipality lying South and East of the following described line: Beginning at the intersection of the centerline of U.S. Highway No. 30 and the East corporate limits; thence Westerly along the centerline of U.S. Highway No. 30 to the centerline of Tenth Street; thence Northerly along the centerline of Tenth Street to the centerline of Nebraska Street; thence Westerly along the centerline of Nebraska Street to the centerline of Fourteenth Street; thence Southerly along the centerline of Fourteenth Street to the centerline of State Street; thence Westerly along the centerline of State Street to the centerline of Sixteenth Street; thence Southerly along the centerline of Sixteenth Street to the centerline of South Street; thence West- erly along the centerline of South Street to the centerline of Seventeenth Street; thence Southerly along the centerline of Seventeenth Street to the centerline of Butler Street; thence Westerly along the centerline of Butler Street and Butler Avenue to the Easterly right of way of U.S. Highway No. 30; thence Southerly along the Easterly right of way of U.S. Highway No. 30 to the South line of Huber Addition; thence Easterly along the South line of Huber Addition to the 1/4 1/4 line West of the East line of Section 14, Township 18 North, Range 11 East; thence Southerly along the 1/4 1/4 line West of the East line of Section 14, Township 18 North, Range 11 East, and the 1/4 1/4 line West of the East line of Section 23, Township 18 North, Range 11 East to the 1/4 1/4 line South of the North line of Section 23, Town- ship 18 North, Range 11 East; thence Westerly along the 1/4 1/4 line South of the North line of Section 23, Township 18 North, Range 11 East to the East line of Tax Lot 68 in Section 23, Township 18 North, Range 11 East; thence Southerly along the East line of Tax Lot 68 to the South line of Tax Lot 68; thence West- erly along the South line of Tax Lot 68 to the Easterly right of way of State Highway No. 133; thence Southerly along the Easterly right of way of State Highway No. 133 to the East -West 1/4 line of Section 23, Township 18 North, Range 11 East. FOURTH WARD The Fourth Ward shall include all territory and land within the Municipality lying North and West of the following described line: Beginning at the intersection of the South line of Sec- tion 10, Township 18 North, Range 11 East and the Easterly right of way of the Chicago and Northwestern Railroad; thence Northerly along the Easterly right of way of the Chicago and Northwestern Railroad to the East line of Section 10, Township 18 North, Range 11 East; thence Northerly along the East line of Section 10, Township 18 North, Range 11 East to the Northerly right of way of the Chicago and Northwestern railroad; thence Northeasterly along the Northerly right of way of the Chicago and Northwestern Rail- road to the Southwesterly corner of Tax Lot 541 in Section 11, Township 18 North, Range 11 East; thence Northeasterly along the Westerly line and projection thereof of Tax Lot 541 to the cen- terline of Twenty - Seventh Street; thence Southeasterly along the centerline of Twenty - Seventh Street to the centerline of Nebraska Street; thence Easterly along the centerline of Nebraska Street to the centerline of Twenty -Third Street; thence Southerly along the centerline of Twenty -Third Street to the centerline of the Chicago and Northwestern Railroad; thence Easterly along the centerline of the Chicago and Northwestern Railroad to the 1/4 1/4 line West of the East line of Section 11, Township 18 North, Range 11 East; thence Northerly along the 1/4 1/4 line West of the East line of Section 11, Township 18 North, Range 11 East, and the 1/4 1/4 line West of the East line of Section 2, Township 18 North, Range 11 East to the North corporate limits. (Amended by Ord. No. 06/10/91.) SECTION 2. Al]. 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 publication hereof in pamphlet form as required by law. ATTEST: Passed and approved this • ,e4 A A .4Ed 4.1,0 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 11th day of June, 1991. ALICE I. DIEDRICHSEN, CITY CLERK 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 held on the 11th day of June, 1991. NOTICE Public notice is hereby given that the Mayor and City Coun- cil of the City of Blair, Nebraska, at their meeting on June 11, 1991, have passed and approved Ordinance No. 1562 the title of which reads as follows: AN ORDINANCE AMENDING SECTION 1 -810 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, REDISTRICTING THE MUNICIPALITY IN FOUR WARDS PURSUANT TO THE MOST RECENT FEDERAL CENSUS COUNT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Said Ordinance has been published in pamphlet form. Copies of the Ordinance as so published are available at the office of the City Clerk at City Hall in Blair, Nebraska. ALICE I. DIEDRICHSEN, CITY CLERK Please publish June 18th, 1991, and furnish one proof of publi- cation to the City Clerk. ORDINANCE NO. 1563 AN ORDINANCE REPEALING ORDINANCE NO. 1545 WHICH PROVIDED FOR THE SALE OF A TRACT OF LAND DESCRIBED AS PART OF TAX LOT 220 LYING IN THE SW1 /4 SW1 /4 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TAX LOT 210 IN SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST, AS SAID TAX LOT WAS SURVEYED BY W. D. WHITAKER, LS -235, AND DATED OCTOBER 2, 1981; THENCE S 00 DEGREES 08 MINUTES 04 SECONDS W (ASSUMED BEARING) ALONG THE WESTERLY RIGHT -OF -WAY LINE OF FIRST STREET IN SAID SW1 /4 SW1 /4 A DISTANCE OF 161.33 FEET; THENCE S 90 DEGREES 00 MINUTES W PARALLEL TO AND 161.33 FEET SOUTH OF THE SOUTH LINE OF SAID TAX LOT 210 A DISTANCE OF 270.00 FEET; THENCE N 00 DEGREES 08 MINUTES 04 SECONDS E PARALLEL TO AND 270.00 FEET WEST OF SAID WESTERLY R.O.W. LINE A DISTANCE OF 161.33 FEET TO THE SOUTHWEST CORNER OF SAID TAX LOT 210; THENCE N 90 DEGREES 00 MINUTES E ALONG THE SOUTH LINE OF SAID TAX LOT 210 A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING; AND CONTAINING 1.00 ACRE, MORE OR LESS, TO STEVEN S. MC ALLISTER AND JEROME PLESKAC, RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH, 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 Ordinance No. 1545 providing for the sale of the real estate described as part of Tax Lot 220 lying in the SW1 /4 SW1 /4 of Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and more particularly described as follows: Beginning at the Southeast corner of Tax Lot 210 in said Section 7, Township 18 North, Range 12 East, as said tax lot was surveyed by W. D. Whitaker, LS -235, and dated October 2, 1981; thence S 00 degrees 08 minutes 04 seconds W (assumed bearing) along the Westerly Right -of -Way line of First Street in said SW1 /4 SW1 /4 a distance of 161.33 feet; thence S 90 degrees 00 minutes W parallel to and 161.33 feet South of the South line of said Tax Lot 210 a distance of 270.00 feet; thence N 00 degrees 08 minutes 04 seconds E parallel to and 270.00 feet West of said Westerly R.O.W. line a distance of 161.33 feet to the Southwest corner of said Tax Lot 210; thence N 90 degrees 00 minutes E along the South line of said Tax Lot 210 a distance of 270.00 feet to the point of beginning; and containing 1.00 acre, more or less, Nebraska, to Steven S. McAllister and Jerome Ples- kac is hereby released in its entirety. 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. ATTEST: PASSED AND APPROVED thi _ day of June, 1991. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of June, 1991. ( X� n , P cP AJA/LL4 fl A ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1564 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN ADDENDUM TO THE AGREEMENT FOR SALE OF REAL ESTATE FOR THE REAL ESTATE DESCRIBED AS TAX LOT 120 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, EXCEPT THE NORTHERN MOST 33 FEET THEREOF WHICH SAID REAL ESTATE IS COMMONLY KNOWN AS THE BLAIR APARTMENTS, EXTENDING THE CLOSING DATE OF SAID TRANSACTION TO JANUARY 31, 1992, 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 Agreement For Sale Of Real Estate entered into between the City of Blair, Nebraska, a Municipal Corporation, as Seller, and Wolfe, Inc., as Buyer, on August 28 , 1990, should be amended so as to provide that the closing date may be extended to January 31, 1992, pursuant to the Addendum attached hereto marked Exhibit "A." That in all other respects the sale of the above described real estate and the terms and conditions thereof are hereby reaffirmed and rati- fied. SECTION 2. That the Mayor and City Clerk of the City of Blair, Nebraska, are hereby authorized and directed to execute said Addendum. 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 9TH DAY OF JULY,,-1 91. ATTEST: 1 { /I ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE _ OF NEBRASKA ) ) ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is tilt duly appointed, qualified and acting City Clerk of the City Blair, Nebraska, and that the above and foregoing Ordinance waf passed and approved at a regular meeting of the Mayor and City Council of said City held on the 9TH day of July, 1991. Mi Le_ d ALICE I. DIEDRICHSEN, CITY CLERK This Addendum made this 9th day of July, 1991, by a between the City of Blair, Nebraska, a Municipal Corporatio hereinafter referred to as "Seller ", and Wolfe, Inc., or i assignee, RW Investments, Inc., hereinafter referred to as t "Buyer," to an Agreement For The Sale Of Real Estate dat August 28 , 1990, and providing for the sale by the Seller a purchase by the Buyer of the following described real estate, t wit: For and in consideration of One Dollar ($1.00) and oth valuable consideration, the parties hereby extend the closi date of this transaction until January 31, 1992. The parties hereby specifically affirm that time is the essence in the performance by the Buyer of all of its duti and obligations under said Agreement For Sale Of Real Estat The parties further specifically agree that this Addendum and t; actions of the parties herewith shall not be deemed a waiver any requirements under said Agreement For Sale Of Real Estate, waiver of any specific breach of contract by the Buyer or an going waiver of any breach by the Buyer. It is further agree the Sellers shall be entitled to take any action at any time i pursue any of their remedies or rights. In all other respects the parties hereby agree and affil that all of the terms and provisions of the original Agreemei For Sale Of Real Estate shall remain in full force and effect. ATTEST: Tax Lot 120 in Section 12, Township 18 North, Range 11 East of the 6th P.M., in the City of Blair, Washington County, Nebraska, except the northern most 33 feet thereof which said real estate is commonly known as the Blair Apartments. ALICE I. DIEDRICHSEN, CITY CLERK ADDENDUM CIT BY � -e _,_5 aulir J '�iME JENNY, M WOLFE, INC. BY BLAIR, NEBRA RODGER () WOLFE, PRIDENT STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 9 day of July, 1991, before me, the under signed a Notary Public, duly commissioned and qualified for i said county, personally came Jerome Jenny, Mayor of the City o Blair, Nebraska, to me known to be the identical person whos name is affixed to the foregoing Addendum and acknowledged th execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year las above written. MY COMMISSION EXPIRES: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this day of July, 1991, before me, the under signed a Notary Public, duly commissioned and qualified for i said county, personally came Rodger D. Wolfe, President o Wolfe, Inc., to me known to be the identical person whose nam is affixed to the foregoing Addendum and acknowledged the execu tion thereof to be his voluntary act and deed. Isi 6E IENAI IOT ARY -State of Nebraska �l•.ICE 1. DIEDAICHSEN tst My Comm. Exp. Nov. 1, 1993 NOTARY PUBLIC SS my hand and Notarial Seal the day and year las NOTARY PUBLIC ORDINANCE NO. 1565 AN ORDINANCE PROVIDING FOR THE SALE AND EXCHANGE OF THE REAL ESTATE DESCRIBED AS TAX LOT 200 AND THAT PART OF TAX LOT 222 LYING IN THE SW1 /4 SW1 /4 OF SECTION 7, 'TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6th P.M., WASHINGTON COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TAX LOT 219 IN SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE N 90 DEGREES 00 MINUTES W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID TAX LOT 219 A DISTANCE OF 419.46 FEET TO THE NORTHWEST CORNER OF SAID TAX LOT; THENCE S 00 DEGREES 00 MINUTES E ALONG THE WEST LINE OF SAID TAX LOT A DISTANCE OF 20.14 FEET TO THE NORTHEAST CORNER OF TAX LOT 131 IN SAID SECTION; THENCE N 90 DEGREES 00 MINUTES W ALONG THE NORTH LINE OF SAID TAX LOT 131 A DISTANCE OF 553.53 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF FOURTH STREET; THENCE N 02 DEGREES 04 MINUTES E ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 26.65 FEET; THENCE CON- TINUING ALONG SAID EASTERLY R.Q.W. LINE N 00 DEGREES 51 MINUTES W A DISTANCE OF 317.21 FEET, MORE OR LESS; THENCE N 90 DEGREES 00 MINUTES E PARALLEL TO THE SOUTH LINE OF SAID SW1 /4 SW1 /4 A DISTANCE OF 977.98 FEET TO THE WESTERLY R.O.W. LINE OF FIRST STREET; THENCE S 00 DEGREES 13 MINUTES 14 SECONDS W ALONG SAID WESTERLY R.O.W. LINE A DISTANCE OF 323.67 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; AND CONTAINING 7.50 ACRES, MORE OR LESS, ALL IN SECTION 7, TOWNSHIP 1,8 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM THE CITY OF BLAIR, NE - BRASKA, FOR THE REAL ESTATE DESCRIBED AS TAX LOT 497 IN SECTION 11, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., 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. That the City of Blair agrees . to deed and convey, free and clear of all encumbrances, to Richard Alan Hunt or his assigns Tax Lot 200 and that part of Tax Lot 222 in lying in the'SW1 /4 SW1 /4 of Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and more particu- larly described as follows: Beginning at the Northeast corner of Tax Lot 219 in said Section 7, Township 18 North, Range 12 East; thence N 90 degrees 00 minutes W (assumed bearing) along the North line of said Tax Lot 219 a distance of 419.46 feet to the Northwest corner of said tax lot; thence S 00 degrees 00 minutes E along the West line of said Tax Lot a distance of 20.14 feet to the Northeast corner of Tax Lot 131 in said section; thence N 90 degrees 00 minutes W along the North line . of said Tax Lot 131 a distance of 553.53 feet to the Easterly right -of -way line of Fourth Street; thence N 02 degrees 04 minutes E along said East- erly R.O.W. line a distance of 26.65 feet; thence continuing along said Easterly R.O.W. line N 00 degrees 51 minutes W a distance of 317.21 feet, more or less; thence N 90 degrees 00 minutes E parallel to the South line of said SW1 /4 SW1 /4 a dis- tance of 977.98 feet to the Westerly R.O.W. line of First Street; thence S 00 degrees 13 minutes 14 seconds W along said Westerly R.O.W. line a distance of 323.67 feet, more or less, to the point of beginning; and containing 7.50 acres, more or less, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and Richard Alan Hunt agrees to deed and convey, free and clear of all encumbrances, Tax Lot 497 in Section 11, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. SECTION 2. The conveyance shall be pursuant to the terms and conditions of the proposed agreement attached hereto and marked Exhibit If Afi 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 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 iw: 'day of J 1991. 4IF ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) E JENNY, MA STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 9TH day of July, 1991. ` ;` ,'4 ALICE I. DIEDRICHSEN, CITY CLERK between This "Blair," feet; thence REAL ESTATE EXCHANGE AGREEMENT agreement made this 9 TH day of July, 1991, Lot 222 in lying in the SW1 /4 SW1 /4 of Section North, Range 12 East of the 6th P.M., Washington ka, and more particularly described as follows: Northeast corner of Tax Lot 219 in said Section by and the City of Blair, Nebraska, hereinafter referred to as and Richard Alan Hunt or his assigns, hereinafter re- ferred to as "Hunt." For and in consideration as set forth herein, the parties hereby agree to exchange properties and convey same to the other as follows: The City of Blair agrees to deed and convey, free and clear of all encumbrances, to Hunt Tax Lot 200 and that part of Tax 7, Township 18 County, Nebras - Beginning at the 7, Township 18 North, Range 12 East; thence N 90 degrees 00 minutes W (assumed bearing) along the North line of said Tax Lot 219 a distance of 419.46 feet to the Northwest corner of said tax lot; thence S 00 degrees 00 minutes E along the West line of said Tax Lot a dis- tance of 20.14 feet to the Northeast corner of Tax Lot 131 in said section; thence N 90 degrees 00 minutes W along the North line of said Tax Lot 131 a distance of 553.53 feet to the Easter- ly right -of -way line of Fourth Street; thence N 02 degrees 04 minutes E along said Easterly R.O.W. line a distance of 26.65 continuing along said Easterly R.O.W. line N 00 degrees 51 minutes W a distance of 317.21 feet, more or less; thence N 90 degrees 00 minutes E parallel to the South line of said SW1 /4 SW1 /4 a distance of 977.98 feet to the Westerly R.O.W. line of First Street; thence S 00 degrees 13 minutes 14 seconds W along said Westerly R.O.W. line a distance of 323.67 feet, more or less, to the point of beginning; and containing 7.50 acres, more or less, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and Hunt agrees to deed and convey, free and clear of all encumbrances, Tax Lot 497 in Section 11, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, and such exchange of property shall be on the following terms and conditions: 1. Each party shall pay all taxes on the property to be conveyed by them so that neither party shall be liable for any taxes against the property received by them except as are as- sessed after the transaction is closed. 2. Each party shall provide to the other title insurance, showing good and marketable fee simple title in each respective party, for conveyance to the other. 3. This agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit pursuant to the statutes of the State of Nebraska the conveyance of the property by the City of Blair. 4. The conveyance by each party shall be by Warranty Deed. 5. Closing of the transaction shall be on or before fifteen (15) days following the expiration of the remonstrance as re- ferred to hereinabove. Notwithstanding, closing of the transac- tion, Hunt shall be entitled to retain usage of the building located on said Tax Lot 497 rent free for a period ending on or before October 1, 1991. As soon as all items of property are removed by Hunt from said building, possession thereof shall be granted to the City of Blair. Hunt shall be responsible for all risk of lciss to any personal property owned by them on the prem- ises until it is removed. 6. Neither party makes any warrants or representations as to the intended use or the suitability thereof of the property conveyed by them. 7. This agreement constitutes the entire agreement between the parties and no modifications may be made without approval in writing by all parties hereto. 8. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of all parties hereto. ATTESTI 0, ALICE I. DIEDRICHSEN, CITY CLERK F BLAIR, NEBR BY dr / ME JENNY r iz RICHARD ALAN HUNT STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned a Notary Public in and for said county and state, personally came Jerome Jenny, Mayor of the City of Blair, Nebraska, to me known to be the identical person who signed the above and foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed for the pur- poses therein expressed. WITNESS my hand and seal this 9 day of July, 1991. O B E R A L ALICE t. DIEDRICHSEN n My Comm. Exp. tdae. ( y,f, , a NOTARY PUBLIC STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Before me, the undersigned a Notary Public in and for said county and state, personally came Richard Alan Hunt, to me known to be the identical person who signed the above and forego- ing agreement and acknowledged the execution thereof to be his voluntary act and deed for the purposes therein expre sed. WITNESS my hand and seal this fair. 4, 1993 NOT ORDINANCE NO. 1566 AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR COMMENCING AUGUST 1, 1991, AND ENDING ON JULY 31, 1992, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby levied for the use and benefit of the City of Blair, Nebraska, for the fiscal year commencing on August 1, 1991, a tax on all property within the corporate limits of said City in the amount of $682,001.00, which will result in a levy of 43.16 cents per $100.00 of assumed total tentative valuation of $158,000,000.00. 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 provid- ed by law for the collection of State and County taxes within Washington County wherein the City of Blair, Nebraska, is situat- ed, 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 24th day of J1q, 1991. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) Ir mt JENNY, 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 special meeting of the Mayor and City Council of said City held on the 24th day of July, 1991. ,Q,Cw .1 ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1567 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, 1991, AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby appropriated for the use of the City of Blair, Washington County, Nebraska, the sum of $6,509,889.00 to be raised and acquired by the levy of general and special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said City for the 1991- 1992 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 $1,498,249.93 Debt Service $ 156,880.00 Street $1,256,042.00 Landfill $ 110,796.00 Blair Apartments $ 149,806.00 Water $1,181,186.00 CDBG (Housing) $ 210,000.00 Insurance $ 296,391.00 Sewer $ 378,908.00 Water Bond $1,021,400.00 Capital Outlay Res. $ 218,663.00 MIRF $ 31,568.00 SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. ATTEST: Passed and approved this 24th day of July, 1991. (I I t_ 14- ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss 0 ME JENNY, M R 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 special meeting of the Mayor and City Council of said City held on the 24th day of July, 1991. a e, 4 Agt.8_,( ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1568 AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE OFFICERS AND EMPLOYEES OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the compensation for the officers and employees of the City of Blair which will be effective August 1, 1991, is hereby established and set as follows: Bi- Weekly Sal- aries: Rodney A. Storm - $1,457.04, Alice Diedrichsen - $864.00, Warren Whitaker - $1,310.00, Herman Allen - $840.00, Robert Bolton - $840.00, Alan Engelke - $820.00, Everett Paine - $860.00, Patrick Long - $820.00, Kris Robinson - $780.00, Tony Hale - $1,230.00, DeAnna Jensen - $700.00, Eddie Kuhl - $1,040.00, Darwin Shaw - $960.00, John Sacks - $900.00, John Timm - $1,000.00, Nick Thallas - $900.00, Don Buttery - $1,000.00, Ben Scherer - $900.00, Mitchell Robinson - $900.00, Joe Lager $900.00, Larry Sanchez - $860.00, Dale Stricklett - $820.00, Kerrie McKinnis - $560.00, Luverne Rembold - $700.00, Anne Keenan - $890.00, Darlene Safely - $700.00, Bill Wilson - $820.00, Bob Hardy - $970.00, Brenda Taylor - $660.00, Peggy Frahm - $760.00, Marcia Nickerson - $720.00, Robert Frahm - $820.00, Dan Coon - $940.00, Mark Hudson - $680.00, Richard Warrick - $740.00, Robert Jensen - $860.00, Mark Adams - , $920.00, Dan McMurty - $760.00, Vaughan Korth - $880.00, Kenny Wulf - $880.00, Jim Stier $880.00, Bruce Klanderud - $880.00, Richard Everhart - $920.00. Hourly Wages: Angie Carlson - $4.25 per hour, Ruth E. Peterson - $6.00 per hour, Shawna Reed - $4.50 per hour. Yearly Salaries: Councilmembers: John Abbott - $1,000.00,, James Fay - $1,000,00, John Shotwell $1,000.00, J. Merton Kuhr - $1,000.00, James Long - $1,000.00, Bernard Kros $1,000.00, Michael Mines - $1,000.00 James Ryan - $1,000.00, and Mayor Jerome Jenny - $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. ATTEST: Passed and approved this th day of July 1991. /,. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 'STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) JE JENNY, MAY ALICE I. DIRDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a special meeting of the Mayor and City Council of said City held on the 24th day of July, 1991. • cs,...p ALICE 1. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1569 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS THE WEST ONE -HALF OF THE DEDICATED RIGHT OF WAY OF ELEVENTH STREET LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF STATE STREET AND NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF BLOCK 21, ORIGINAL TOWNSITE 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. That the real estate described as the west one -half of the dedicated right of way of Eleventh Street lying south of the south right of way line of State Street and north of the easterly extension of the south line of Block 21, original townsite of Blair, Washington County, Nebraska, should be sold and conveyed by the City of Blair, Nebraska, to Carl R. Scott and Connie A. Scott. SECTION 2. That the consideration to be paid by Carl R. Scott and Connie A. Scott for such real estate is the sum of 704.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of the Agreement attached hereto marked Exhibit "A ". 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 repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: 1 .1 Qt.. .ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) PASSED AND APPROVED THIS 1 3TH day of August, 1991. STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) E JENNY, M /7 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 13TH day of August, 1991. ALICE I. DIEDRICHSEN; CITY CLERK AGREEMENT FOR THE SALE Q REM, ESTATE This agreement made this 13T11 day of August, 1991, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller", and Carl R. Scott and Connie A. Scott, husband and wife, hereinafter referred to as "Buyers". WITNESSETH: Seller agrees to sell and convey to the Buyers by Quit Clam Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to wit: The west one-half of the dedicated right of way of Eleventh Street lying south of the south right of way line of State Street and north of the easterly extension of the south line of Block 21, •original townsite of Blair, Washington County, Nebraska, and said Buyers agree to purchase said property on the following terms and conditions, to-wit: The purchase price therefore is agreed to be the sum of $ 704.00 , which said sum shall be paid in full upon closing. Closing of the transaction shall be on or before OCTOBER 1 , 1991. It is understood and agreed by and between the parties hereto that said Buyers shall receive possession of the premises upon closing. Seller shall cause the 1990 and all prior real estate taxes to be paid in full and the prorata share of the 1991 real estate taxes prorated to the date of possession. The Buyers shall cause the remaining prorata share of the 1991 and all subsequent real estate taxes to be paid in full on or before the date same become delinquent. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyers request, Seller shall provide to the Buyers a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyers. The cost of such title insurance shall be paid solely by the Buyers. This agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) MY COMMISSION EXPIRES: 1//q3 CIT BY J BLAIR, NEBRAS E JENNY, MAY • CARL ". SCOTT, BUYER ONNIE A. SCOTT, BUYER On this day of August, 1991, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Jerome Jenny, Mayor of the City of Blair, Nebraska, Seller, and Carl R. Scott and Connie A. Scott, husband and wife, Buyers, to me known to be the identical persons whose names are affixed to the foregoing agreement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GEftEML OTARYState ni Nbraska , / ALICE 1 DIEDR ( ICHSEN 1/./ti , My Comm Exp. Nov, 1, 1993 NOTARY PUBLIC ORDINANCE NO. 1570 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS THE EAST ONE-HALF OF THE DEDICATED RIGHT OF WAY OF ELEVENTH STREET LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF STATE STREET AND NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF BLOCK 21, ORIGINAL TOWNSITE 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. That the real estate described as the east one -half of the dedicated right of way of Eleventh Street lying south of the south right of way line of State Street and north of the easterly extension of the south line of Block 21, original townsite of Blair, Washington County, Nebraska, should be sold and conveyed by the City of Blair, Nebraska, to James O. Olsen. SECTION 2. That the consideration to be paid by James O. Olsen for such real estate is the sum of $ 704.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of the Agreement attached hereto marked Exhibit "A ". 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 repealed. SECTION 5. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED THIS 13TH day of August, 1991. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 1 3TH day of August, 1991. ALICE I. DIEDRICHSEN, CITY CLERK AGREEMENI FOR THE SALE QE REAL,. ESTATE This agreement made this 13TH day of August, 1991, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and James O. Olsen, a single person, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Clam Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to wit: The east one -half of the dedicated right of way of Eleventh Street lying south of the south right of way line of State Street and north of the easterly extension of the south line of Block 21, original townsite Of Blair, Washington County, Nebraska, and said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of $ 704.00 , which said sum shall be paid in full upon closing. Closing of the transaction shall be on or before OCTOBER , 1991. It is understood and agreed by and between the parties hereto that said Buyer shall receive possession of the premises upon closing. Seller shall cause the 1990 and all•,prior real estate taxes to be paid in full and the prorata share of the 1991 real estate taxes prorated to the date of possession. The Buyer shall cause the remaining prorata share of the 1991 and all subsequent real estate taxes to be paid in full on or before the date same become delinquent. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid solely by the Buyer. This agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. ATTEST: lL 4 L�.r^�J1 Ai11 Q� v✓ ALICE I. DIEDRICHSEN, CITY CLERK STATE OF NEBRASKA } :ss: WASHINGTON COUNTY ) On this ,2ict day of August, 1991, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Jerome Jenny, Mayor of the City of Blair, Nebraska, Seller, and James O. Olsen, Buyer, to me known to be the identical persons whose names are affixed to the foregoing agreement and acknowledged the execution thereof to be their voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. MY COMMISSION EXPIRES: CI BLAIR, NEBRAS BY 01!1;6. i NOTARY PUBLIC I jet GENEAAI. State of Nagai..., ALICCE E 1 I. DIEDRICHSEN • My Comm. Exp. Nov. 1, 1993 0. OLSEN, BUYER AN ORDINANCE REZONING TAX LOT 83 IN SECTION 2, TOWNSHIP 18 NORTH, RANGE 11, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM - RESIDENTIAL MEDIUM DENSITY DISTRICT TO RMH - MULTI - FAMILY RESIDENTIAL HIGH DENSITY DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. 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 Tax Lot 83 in Section 2, Township 18 North, Range 11, City of Blair, Washington County, Nebraska, from RM - Residential Medium Density District to RMH - Multi - Family Residential High Density District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved thi , day of ug -t 1991. ATTEST: ENNY, M ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1571 STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 27th day of August, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1572 AN ORDINANCE AMENDING SECTION 10 -110 OF THE MUNICIPAL CODE, SUCH AMENDMENT GENERALLY REPEALING THE PROHIBITION OF THE SALE AT RETAIL OF ANY ALCOHOLIC BEVERAGES ON ELECTIONS DAYS AND FURTHER PERMITTING THE SALE OF ALCOHOLIC LIQUORS, EXCEPT BEER AND WINE, COMMENCING AT 12 :00 O'CLOCK NOON ON SUNDAYS IN ADDITION TO PREVI- OUS ALLOWABLE HOURS FOR SALE, AND AMENDING SECTION 10 -1802 SUCH AMENDMENT GENERALLY PROVIDING FOR THE SETTING OF OCCUPATION TAXES FOR CERTAIN RETAILERS AND DISTRIBUTORS OF ALCOHOLIC BEVERAGE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 10 -110 of the Municipal Code be amended to read as follows: Sec. 10 -110 ALCOHOLIC BEVERAGES: HOURS OF ATE. It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the Municipality except during the hours provided herein: No person or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises. For the purposes of this Section, "on sale" shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment; "off sale" shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment. Nothing in this Section shall be construed to prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this Section. (Ref. 53-179 RS Neb.) HOURS OF SALE Alcoholic Liquors (except beer and wine) Secular Days Off Sale 6.00 A.M. to 1:00 A.M. On Sale 6.00 A.M. to 1 :00 A.M. Sundays Off Sale....12:00 P.M. to 1:00 A.M. On Sale ....12 :00 P.M. to 1:00 A.M. Beer and Wine All Days Off Sale 6.00 A.M. to 1 :00 A.M. On Sale 6.00 A.M. to 1:00 A.M. SECTION 2. That Section 10-1802 of the Municipal Code be amended to read as follows: Sec. 10-1802 OCCUPATION TAX AMOUNTS. There is hereby levied an occupation tax upon each and every occupation and business within the corporate limits of the City of Blair, Nebraska, as hereinaf- ter enumerated in the several different amounts and upon the several respective occupants, professions and lines of business as follows: Auctioneers offering for sale goods, merchandise and livestock of any kind, five ($5.00) dollars per day, or twenty- five ($25.00) dollars per year. Billboard Advertisina: Bill posting on billboards located on private property by persons, firms or corporations for pay or hire, five ($5.00) dollars per year, per board. Billiard Hall or Pool Hall: First (1st) table per year twenty-five ($25.00) dollars. Each additional table five ($5.00) dollars per year. Bottle Club: Two Hundred fifty ($250.00) dollars per year except that said occupation tax shall not apply to non- profit corporations as exempted from payment of federal income taxes, as provided by Sections 501(c),(4),(7) or (8), Internal Revenue Code of 1954, as Amended. Bottle Club or Class "H" license operated by non-profit corporation as exempted from payment of federal income taxes, two hundred ($200.00) dollars per year. Bowling Alley: First (1st) alley per year, twenty-five ($25.00) dollars. Each additional alley per year, five ($5.00) dollars. Buses. Bus Lines and Taxis transporting passengers for hire from any place within the City to other parts within or without the City, ten ($10.00) per year. Circus, circus parade where tent is outside of City limits, carnivals and other rides or shows under canvas or in open air, per day twenty-five ($25.00) dollars. Concessions. Concession Stands, including those at carnivals, per day five ($5.00) dollars, per year fifty ($50.00) dollars. Express Companies in intrastate business to and from the City of Blair, per year five ($5.00) dollars. Hawkers. Peddlers or sellers at aoods at retail by sample or by taking orders, from door to door, including itinerant magazine or book agents for each such person, five ($5.00) dollars per day or fifty ($50.00) dollars per year. Motion Picture Houses, per year ten ($10.00) dollars. Physicians, Surgeons. Opticians., Optometrists, Osteopaths. Chiropractors, Chiropodists, or any other person practicing the healing art under advertisement or announcement that their service or merchandise is available in said City for a limited time, per day five ($5.00) dollars, per year fifty ($50.00) dollars; Provided the above tax shall not apply to practitioners called for consultation or diagnosis or if a member of the staff of any local hospital. Railroad Companies carrying and transporting freight or passengers for hire in or out of the City, per year ten ($10.00) dollars. Trucks, Truck Lines or Transportation Companies transporting freight for hire from any place within the City of Blair to other points or places within the State of Nebraska, and from outside the City and within said State to or within the corporate limits of the City of Blair, Nebraska, for each truck or truck line, per day one ($1.00) dollar, per year ten ($10.00) dollars. Manufacturer of Alcohol and Spirits or either, one thousand ($1,000.00) dollars per year. Manufacturer of Beer with capacity of one hundred (100) barrels daily or less, one hundred ($100.00) dollars per year; with capacity of one hundred (100) to one hundred fifty (150) barrels per day, two hundred ($200.00) dollars per year; and with capacity in excess of two hundred barrels daily, five hundred ($500.00) dollars per year. Manufacturer of Wine, two hundred fifty ($250.00) dollars per year. Alcoholic Liauor Distributor, except beer, one thousand ($1,000.00) dollars per year. per year. Beer Distributor, five hundred fifty ($500.00) dollars Retailer of Beer only, for consumption off the prem- ises, sales in original package only, fifty ($50.00) dollars per year. Retailer of Beer only, for consumption on the premises, one hundred ($100.00) dollars per year. Retailer j Alcoholic Liauors for consumption on the premises and off the premises, five hundred ($500.00) dollars per year, except that nonprofit or charitable license holders shall be three hundred twenty -five ($325.00) dollars per year. Retailer gj Alcoholic Liauors for consumption off the premises, sales in original package only, three hundred ($300.00) dollars per year. Retailer 2,f, Alcoholic Liauors. for consumption on the premises only, four hundred ($400.00) dollars per year. Retailer c�fj Beer and Wine only for consumption on the premises of restaurants only, two hundred fifty ($250.00) dollars per year. Non - beverage Users 21, Liauors Class 1, five ($5.00) dollars per year; Class 2, twenty -five ($25.00) dollars per year; Class 3, fifty ($50.00) dollars per year; Class 4, one hundred ($100.00) dollars per year; Class 5, two hundred fifty .($250.00) dollars per year. dollars. Fireworks Stand each year, five hundred ($500.00) Electricians, twenty -five ($25.00) dollars per year. Pinball Machines, Electronic Games and Other Coin 4 ?.K. Token Amusement Games, twenty -five ($25.00) dollars per year per machine. 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 after its passage and approval as provided by law. ATTEST: (SEAL) Passed and approved thi ALICE I. DIEDRICHSEN, CITY CLERK JERO day of August, 1991. J ' N , MAYO STATE OF NEBRASKA )ss WASHINGTON COUNTY 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 27th day of August, 1991. A a1 it; frd A i .41-tA A A ICE I. DIEDRICHSEN, CITY CLERK ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Mayor and Members of the City Council of the City of Blair, Nebraska, hereby acknowledge receipt of, advance notice of a meeting of the City Council of the City of Blair, Nebraska, and the agenda for such meeting held at at 7:30 o'clock P .M., on 4eptemJ er l(1 Blair City Council Chambers Ma Councilmember Ite Counci 1 �. mb ASO i lmembe r' - i lmembe r lmember r. 9unc i lmembe rr John Abbott - Absent - Out of Torn , 1991, The undersigned City Clerk of the City of Blair, Nebraska hereby certifies that the attached is a true and correct copy of Ordinance No. 1573 on in pamphlet form on (SEAL) September 10 CERTIFICATE AS TO PUBLICATION IN PAMPHLET FORM Deputy Cit C as passed by the Mayor and Council , 1991. Said Ordinance was published September 17 , 1991. NOTICE OF PASSAGE AND PUBLICATION OF ORDINANCE Public notice is hereby given that the Mayor and Council of the City of Blair, Nebraska, at their meeting on September 10 , 1991, have passed and approved Ordinance No. 1573 , the title of which reads as follows: AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA AUTHORIZING THE ISSUANCE OF FIRE DEPARTMENT TAX ANTICIPATION BONDS OF THE CITY OF BLAIR., OF THE PRINCIPAL AMOUNT OF $170,000, FOR THE PURPOSE OF PURCHASING FIREFIGHTING EQUIPMENT; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. Said Ordinance has been published in pamphlet form. Copies of the Ordinance as so published are available at the office of the City Clerk at 218 S. 16th Street , in Blair, Nebraska. Deputy City Clerk , 1991, at NOTICE OF MEETING NOTICE IS HEREBY GIVEN that a meeting of the Mayor and Council of the City of Blair, Nebraska will be held at 7:30 o'clock P .M. on the 10th day of SePtpmhar pllir City Nall • , which meeting will be open to the public. An agenda for such meeting, kept continuously current is available for public inspection at 91 cri Deputy tty Clerk ka EXTRACT OF MINUTES CITY OF BLAIR, NEBRASKA A meeting of the Mayor and Council of the City of Blair, Nebraska was convened in open and public session at 7:30 o'clock P .M. on September 10 16th St.. Blair. Nbbia&lra Mayor Jenny ; Councilmembers: Shotwell, Fa a and Ryan . Absent were: , 1991, at 218 S. . Present were: Kros, Kuhr, Long, Mines Councilman Abbott Notice of the meeting was given in advance thereof by publication, the City's designated method for giving notice, a copy of the Proof of Publication being attached to these Minutes. Notice of this meeting was given in advance to the Mayor and all members of the City Council and a copy of their Acknowledgment of Receipt of Notice and the agenda is attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. entitled: and adopted. Councilmember Kros introduced Ordinance No. 1573 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA AUTHORIZING THE ISSUANCE OF FIRE DEPARTMENT TAX ANTICIPATION BONDS OF THE CITY OF BLAIR, OF THE PRINCIPAL AMOUNT OF $170,000, FOR THE PURPOSE OF PURCHASING FIREFIGHTING EQUIPMENT; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. Said Ordinance was fully and.distinctly read, and by motion of Councilmember Ryan seconded by Councilmember Shotwell , it was designated as Ordinance No. 1573 and the title thereof was approved. The roll was called on the passage of said motion and the following voted "AYE ": Kros, Kuhr, Long. Shotwell, Ryan. Mines and Fay The following voted "NAY" None Councilmember Ryan moved that the statutory rule requiring ordinances to be fully and distinctly read on three different days be suspended, seconded by Councilmember Mines The roll was called and the following voted "AYE": Kros, Kuhr, Long, Shotwell. Ryan. Mines and Fay ; The following voted "NAY": None The motion to suspend the statutory rule having been concurred in by three - fourths of all members of the Council was declared passed Whereupon Ordinance No. 1573 was read by title and thereafter Councilmember Long moved for final passage of said Ordinance. Councilmember ShotwA11 . seconded the motion. The Mayor stated: "The question is, shall Ordinance No. 1573 be passed and adopted ?" The roll was called and the following voted "AYE": Kros. Kuhr, T,nng, Shntwpl l , Ryan Mines and Fav . The following voted "NAY": : None The passage and adoption of said Ordinance having been . concurred with by a majority of all members elected to the Council, was by the Mayor declared passed and adopted, and the Mayor, in the presence of the Council, signed and approved said Ordinance, and the Clerk attested the passage and approval of the same and affixed the seal of the City thereto. A true and complete copy of said Ordinance No. 1,71 is attached hereto. 1/41. Deputy City Clerk o Blair, Nebraska ORDINANCE NO. 1573 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA AUTHORIZING THE ISSUANCE OF FIRE DEPARTMENT TAX ANTICIPATION BONDS OF THE CITY OF BLAIR, OF THE PRINCIPAL AMOUNT OF $170,000, FOR THE PURPOSE OF PURCHASING FIREFIGHTING EQUIPMENT; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine: That it is necessary for the City to provide funds for the purpose of purchasing firefighting equipment; that in order to pay the cost of the foregoing, it is necessary and advisable for the City to issue its Fire Department Tax Anticipation Bonds in the amount of $170,000; that the actual valuation of all taxable property within the City as most recently determined, is $160,359,831; that the City currently has no debt outstanding under the provisions of Section 18 -1202 R.R.S. Neb. 1943; that pursuant to Section 18 -1201 Reissue Revised Statutes of Nebraska, 1943, the Mayor and Council of the City of Blair do hereby provide for the levying of a special tax, all as more specifically described in Section 10 hereof; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Fire Department Tax Anticipation Bonds in the amount of $170,000 pursuant to Section,18 -1202 R.R.S. Neb. 1943, do exist and have been done as required by law. Section 2. To pay the cost of improvements specified in Section 1 hereof, there shall be and there are hereby ordered issued Fire Department Tax Anticipation Bonds of the City of Blair, Nebraska in the principal amount of One Hundred Seventy Thousand Dollars ($170,000), with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360 -day year consisting of twelve 30 -day months), and maturing on October 15 of each year in the principal amounts as follows: Principal Maturing on Interest Amount October 15 of Year Rate $15,000 1992 5.00% 20,000 1993 5.20 20,000 1994 5.40 20,000 1995 5.6Q 20,000 1996 5.80 25,000 1997 6.00 25,000 1998 6.10 25,000 1999 6.20 The bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the bonds shall be October 15, 1991. Interest on the bonds, at the respective rates for each maturity, shall be payable on October 15, 1992, and semiannually thereafter on April 15 and October 15 of each year (each of said dates an "Interest Payment Date ") and the bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 4 hereof. The bonds shall be numbered from 1 upwards in the order of their issuance. No bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 3 hereof. Payments of principal and interest due at maturity or at any date fixed for redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any bond as the absolute owner of such bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such bond or any installment' of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the bonds or claims for interest to the extent of the sum or sums so paid. Section 3. The City Treasurer is hereby designated as Paying Agent and Registrar and shall keep and maintain for the City books for the registration and transfer of the bonds at the City's offices in Blair, Nebraska. The names and registered addresses of the registered owner or owners of the bonds shall at all times be recorded in such books. Any bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of the transferee owner or owners, a new bond or bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the bonds by this Ordinance, one bond may be transferred for several such bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such bonds may be transferred for one or several such bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a bond, the surrendered bond shall be cancelled and destroyed. All bonds issued upon transfer of the bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4. In the event that payments of interest due on the bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. If the date for payment of the principal of or interest on the bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 6. The bonds shall be subject to redemption, in whole or in part, prior to maturity at any time on or after October 15, 1996, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the bonds to be redeemed in its sole discretion but the bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new bonds evidencing the unredeemed principal thereof. Notice of redemption of any bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such bond at said owner's registered address. Such notice shall designate the bond or bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such bond or bonds are to be presented for prepayment at the office of the Paying Agent and Registrar. In case of any bond partially redeemed, such notice shall specify the portion of the principal amount of such bond to be redeemed. No defect in the mailing of notice for any bond shall affect the sufficiency of the proceedings of the City designating the bonds called for redemption or the effectiveness of such call for bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such bond for which defective notice has been given. Section 7. The bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON FIRE DEPARTMENT TAX ANTICIPATION BOND OF THE CITY OF BLAIR No. $ Interest Rate Maturity Date Date of Oriainal Issue Cusio No. October 15, October 15, 1991 Registered Owner: Principal Amount: Dollars ($ ) KNOW ALL MEN BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on October 15, 1992, and semiannually thereafter on April 15 and October 15 of each year (each of said dates an "Interest Payment Date "). Said interest shall be computed on the basis of a 360 -day year consisting of twelve 30 -day months. The principal and interest payable at maturity hereof are payable upon presentation and surrender of this bond at the office of the City Treasurer of Blair, Nebraska, as Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent,and Registrar whenever monies for such purpose become, available. This bond is one of an issue of fully registered bonds of the total principal amount of One Hundred Seventy Thousand Dollars ($170,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of purchasing firefighting equipment, in strict compliance with Sections 18 -1201 and 18 -1202, Reissue Revised Statutes of Nebraska, 1943, as amended, and has been duly authorized by ordinance legally passed, approved and published, and by proceedings duly had by the Mayor and Council of said City. The bonds of this issue are subject to redemption at the option of the City, in whole or in part, at any time on or after October 15, 1996, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond, did exist, did happen and were done and performed in regular and due form and,time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The City has agreed to make a special levy of taxes as permitted by Section 18 -1201 R.R.S. Neb., 1943, of not more than 3 1/20 per $100 of actual value on all the taxable property within the City, except intangible property, which tax shall be sufficient in rate and amount to fully pay the principal and interest of this bond and the other bonds of this issue as the same become due. The City agrees that Said bonds shall be secured by such tax so assessed and levied and shall be payable out of the funds derived from such tax. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted or affixed hereon, all as of the date of original issue specified above. ATTEST: City Clerk (SEAL) CITY OF BLAIR, NEBRASKA Mayor Certificate of Authentication and Registration This bond is one of the series designated therein and haE been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonc.s. City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D. No. ) the within bond and hereby irrevocably constitutes and appoints , attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Signature Guaranteed 13y For value received Authorized Officer(s) (Form of Assignment) Dated: Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Registered Owner(s) Section 8. Each of the bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. A supply of bond certificates for issuance upon subsequent transfers or in the event of partial redemption shall also be so executed and delivered to the Paying Agent and Registrar. In the event that such supply of bond certificates shall be insufficient to meet the regilirements of the Paying Agent and Registrar for issuance of replacement bonds upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by the manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signture or facsimile thereof shall appear on any bond shall cease to be such officer before the delivery of such bond (including bond certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all puxposes the same as if such officer or officers had remained in office until the delivery of such bond. The bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska. Thereafter`the bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Shearson Lehman Brothers Inc., Chiles Heider Division, as initial purchaser thereof, upon receipt of 98% of the principal amount of the bonds plus accrued interest thereon to date of payment for the bonds. Said initial purchaser shall have the right to direct the registration of the bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. Section 9. The proceeds of the bonds shall be applied to the payment of the costs as described in Section 1 hereof upon order of the Mayor and Council. Section 10. The City agrees that it shall, pursuant to Section 18 -1201 R.R.S. Neb. 1943, as amended, levy a special tax so long as any of said bonds remain outstanding of not more than 3 1/2¢ per $100 of actual value on all the taxable property within the City, except intangible property. The City further agrees that such tax shall be levied in such amount so that in each calendar year in which payments of principal and interest fall due on the bonds of this issue, the anticipated amount to be collected from such tax shall be an amount of not less than 112% of the total amount of principal and interest payable on said bonds in such calendar year. Said bonds shall be secured by such tax and shall be payable out of the funds derived from such tax. On receipt of such taxes, the City Treasurer shall hold such tax in a separate fund for the purpose of paying the bonds of this issue or making redemptions as provided in Section 6 of this ordinance. Section 11. The City Clerk shall make and certify duplicate transcripts of the proceedings of the Mayor and Council with respect to the bonds, one of which shall be filed with the Auditor of Public Accounts and the other of which shall be delivered to said purchaser. Section 12. The City hereby covenants to the purchasers and holders of the bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the bonds, which would cause the bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the bonds. The City hereby designates the bonds as its "qualified tax - exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code, and covenants and warrants that it does not reasonably expect to issue bonds or other obligations aggregating in principal amount more than $10,000,000 during calendar 1991. Section 13. The City's obligations under this Ordinance with respect to any or all of the bonds herein authorized shall be fully discharged and satisfied as to any or all of such bonds and any such bond shall no longer be deemed to be outstanding hereunder if such bond has been purchased by the City and cancelled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment or (ii) direct general obligations of (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations ") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company in excess of the amount required to pay principal of and interest on the bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 14. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. PASSED AND APPROVED this 10th day of September 1991. Deputy City G`le Peggy J. Frahm (SEAL) -16- Mayo Jerome ORDINANCE NO. 1574 AN ORDINANCE REPEALING SECTION 6 -311 OF THE MUNICIPAL CODE, SAID SECTION PROVIDING FOR WEED REMOVAL; AMENDING SECTION 4 -505 NUI- SANCES, VIOLATIONS AND PENALTIES; AND CREATING SECTIONS 4 -506 TO 4 -508, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT 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 -311 of the Municipal Code is hereby repealed. SECTION 2. That Section 4 -505 be amended, such amendment being a technical amendment with regard to the wording thereof to read as follows: Sec. 4 -505 NUISANCES. VIOLATION AND PENALTIES , It shall be unlawful for any person to maintain, use, place, deposit, leave, permit, or create or in any other way allow a nuisance as a defined in Sections 4 -501 to 4 -504 inclusive, and any person found in violation thereof shall be deemed guilty of a Class III misdemeanor and shall be subject to the minimum fines as set therefor by the Statutes of the State of Nebraska. Each day a nuisance is permitted to exist shall be deemed a separate viola- tion hereunder. (Ref. Ord. No. 1370) SECTION 3. That Sections 4- 506_to 4 -508 be created general- ly declaring it to be a nuisance to permit, allow, or maintain growth of vegetation in excess of twelve inches or to litter, providing the definitions thereof, providing provisions for abating such nuisance, providing penalties therefore, repealing or ordinances or parts of ordinances in conflict herewith, and providing when this ordinance shall be in full force and effect. SECTION 4. That Section 4 -506 is hereby created to read as follows: Sec. 4 -506 NUISANCES,. WEEDS. GRASSES. AND WORTHLESS VEGETATION: LITTER. In addition to the definitions as provided in Sections 4 -501 to 4 -505 inclusive, a nuisance is hereby declared to be and defined as permitting, allowing, or maintaining any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation, or to litter or cause litter to be deposited or remain on any premises in the municipality except in proper receptacles. 1. For the purposes of this section, litter shall include but not be limited to: (i) trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceabil- ity as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. 2. For the purposes of this section, weeds shall in- clude but not be limited to: bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium ar- vense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum carolinense), bull thistle ( cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae.).. SECTION 5. That Section 4 -507 is hereby created to read as follows: Sec. 4 -507 NUISANCESL VIOLATION ANQ PENALTIES. It shall be unlawful for any owner or occupant of a lot or piece of ground to maintain, use, place, deposit, leave, permit, create, or in any other way to allow a nuisance as defined in Sec. 4 -506, and any person found in violation thereof shall be deemed guilty of a Class V misdemeanor and shall be subject to the fines as set therefor by the Statutes of the State of Nebraska. and the Court, as part of the judgment, shall order the owner to abate such nuisance in addition to any fine imposed by the Court. Each day a nuisance is permitted to exist shall be deemed a separate violation hereunder. SECTION 6. That Section 4 -508 is hereby created to read as follows: Sec. 4 -508 NOTICE TA ABATE AND REMOVE. Any nuisance as defined in Sec. 4 -506 shall be given to each owner or owner's duly au- thorized agent and to the occupant, if any, by personal service or certified mail. Within five (5) days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the City may have such work done and may levy and assess the cost and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed. SECTION 7. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PEGGY J.'FRAHM, DEPUTY CITY CLERK (SEAL) PASSED AND APPROVED this STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) PEGGY J. FRAHM, hereby certifies that she is the duly appointed, qualified and acting Deputy City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 10TH day of September, 1991. UL-J PEGGY J.F DEPUTY CITY CLERK inru day of September, 1991. q ..... • E ' 'ENNY, MAY !� ORDINANCE NO. 1575 AN ORDINANCE REZONING LOTS 1 THRU 10,. BLOCK 14, OAK PARK SECOND ADDITION, A SUBDIVISION, WASHINGTON COUNTY, NEBRASKA, FROM AGG GENERAL AGRICULTURAL DISTRICT TO RRE - RURAL RESIDENTIAL ESTATE 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 Lots 1 thru 10, Block 14, Oak Park Second Addition, a subdivision, Washington County, Nebraska, from AGG - General Agricultural District to RRE - Rural, Residential Estate 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 201R day of September, 1991. ,„ "e ,, 084. 4 41, 4( OF az `gyp, ATTEST: . om � 9 �y $ © CITY OF �� 1I ALICE I . DIEDRIGt.IS I TV C ARK W e (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 74TH day of September, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1576 AN ORDINANCE PROVIDING FOR REQUIREMENTS OF DEPOSITS BY AND THE REFUNDING THEREOF TO CUSTOMERS OF THE MUNICIPAL WATER WORKS AND SANITARY SEWER SYSTEM OF THE CITY OF BLAIR, REPEALING CERTAIN PROVISIONS OF ORDINANCE NO. 1405 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. For the purpose of this Ordinance late payment is defined as remitting payment for water or sewer charges to the municipality after the 25th day of the month during which the bill was due. SECTION 2. Any customer of the municipal water works and sanitary sewer system which owns and occupies the premises for which the bill is rendered, and which such customer has not made a late payment as defined herein within the last 12 consecutive months immediately preceding the passage hereof, shall be entitled to a refund of the deposit as soon as is practical after the passage and effective date of this Ordinance. SECTION 3. Any new customer of the municipal water works or sanitary sewer system shall be required to remit a deposit of $50.00 prior to the commencement of service to the premises. In the event the customer has an existing account or is a customer of the municipal water works or sanitary sewer system and has not made one or more late payments in the preceding twenty -four (24) months prior to a change of service on location thereof, such customer shall not be required to remit such deposit to obtain service. On or about the first day of each month following the passage hereof or as soon thereafter as may be practical a determination shall be made by the City of Blair as to whether any customer the preceding 24 mo customer which has has made a late payment one or more time during nths. The municipality shall refund to any such not made a late payment during the preceding 24 months the full amount of such customer's deposit. SECTION 4. At any time that a customer of the municipal water works or sanitary sewer system does not remit payment on or before the 25th day of the month during which the bill was due, such customer shall remit to the municipality a deposit of $50.00. In the event the customer at that time has less than a $50.00 deposit with the municipality the 'customer shall remit the additional sum to increase the deposit to $50.00. Such deposit or the sum necessary to increase the deposit to $50.00 shall be paid to the municipality within ten (10) calendar days following receipt by the customer of a notice to remit such deposit, or the customers service shall be discontinued. SECTION 5. Notwithstanding any other provision of this ordinance or any provision of the Municipal Code, the City of Blair shall have the option and may require a deposit from any customer that service has previously been involuntary disconnected or from which payment for charges from the municipal water works or sanitary sewer system of the City is in jeopardy, up to and not to exceed three times the highest monthly bill or $50.0{) whichever is greater from the premises or a similar use thereof within the City of Blair. SECTION 6. A property owner may remit a floating deposit for continued service during a vacancy in the property owners property. If the has e owne� as one to three units the deposit shall be $50.00 for such purpose. If the owner has four or more units the deposit shall be $100.00 for such purpose. The owner may request a refund of such deposit at any time. In lieu of said floating deposit, the owner may execute and deliver to the City an agreement in writing which shall provide the property owner shall be responsible and liable for any charges for water or sewer service during any vacancy of the property. SECTION 7. The provisions of Ordinance No. 1402 in conflict hereunder and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. This Ordinance shall be effective following the passage and publication hereof as required by law. ATTEST; : ALICE I. (SEAL) Passed and approved this 24th 0,05 5011001180 014_ WY OF % % 0 4 1 : :1 * 4 * SEAL IRST C • f iesannasel CITY CLERK day of September, 1991. STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 24th day of Se er, 1991. I DIEDRICHSEN, CITY CLERK AN ORDINANCE REZONING TAX LOTS 202 AND 203 IN SECTION 13, TOWN- SHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURE DISTRICT TO CH - HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND. PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as Tax Lots 202 and 203 in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, from AGG - General Agriculture District to - CH Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this day of October, 1991. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE 1577 NOT ADOPTED THIS 8TH DAY OF OCTOBER, 1991 ORDINANCE N,O. 1577 JEROME JENNY, MAYOR STATE OF NEBRASKA )ss WASHINGTON COUNTY 1991. ORDINANCE 1577 NOT ADOPLED THIS 8TH DAY OF OCTOBER, 1991 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 duly (passed and approved)at a regular meeting of the Mayor and City Council of said City held on the day of October, ALICE I. DIEDRICHSEN, CITY CLERK THIS ORDINANCE FAILED 11/12/91 ORDINANCE NO. 157$ AN ORDINANCE REZONING TAX LOTS 202 AND 20 IN SECTION 13, TOWN- SHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL AGRICULTURE DISTRICT TO CH HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as Tax Lots 202 and 203 in Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, from AGG - General Agriculture District to - CH Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this day of November, 1991. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) JEROME JENNY, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY )ss 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1579 AN ORDINANCE AMENDING SECTION 1111.01 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY REGULATING PARKING, STORAGE, AND USE OF MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS, 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 1111.01 of the zoning regula- tions of the City of Blair is hereby amended to read as follows: 1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIP- MENT: No major recreational equipment as defined in SECTION 303.01 shall be used for living, sleeping, or housekeeping poses when parked or stored on a residential lot or in any loca- tion not approved for such use, except such use shall be ted on a temporary basis for a period of not to exceed seventy - two (72) hours. 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: Passed and approved this 12th day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) JP' OM JENNY, STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1580 AN ORDINANCE CREATING SECTION 603.06 OF THE SUBDIVISION REGULA- TIONS OF THE CITY OF BLAIR, NEBRASKA, CREATING A REQUIREMENT WHERE STREETS ARE NO MORE THAN TWENTY -FIVE (25) FEET IN WIDTH, ONE SIDE THEREOF AS NO PARKING AND REQUEST THE CITY TAKE THE NECESSARY ACTION TO ENFORCE SUCH NO PARKING DESIGNATION, REPEAL - ING 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 603.06 of the regulations of the City of Blair is hereby created to read as follows: 603.06 NO PARKING DESIGNATION: The developer shall designate as no parking one side of any street the surface of which is no more than twenty -five (25) feet in width. The developer shall request the City take the necessary action to enforce such request. SECTION 2. conflict herewith are SECTION 3. All ordinances or parts of ordinances in hereby repealed. This Ordinance shall be in full force and effect from and after its passage and approval law. ATTEST: Passed and approved this ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) JE E JENNY, subdivision as provided by 12th day o f November, 1991 . STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1581 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, ESTABLISHING RESI- DENTIAL AND COMMERCIAL CLASSES OF AS SERVICE AND APPLICABLE RATES TO BE CHARGED BY MINNEGASCO, A DIVISION OF ARKLA, INC., FOR SERV- ICE WITHIN THE CITY OF BLAIR, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION I. APPLICABILITY AND CLASSIFICATION. This Ordi- nance shall apply to Minnegasco which provides gas service to Blair, Nebraska, and the inhabitants thereof. Minnegasco shall provide firm service to its customers as hereinafter specified and defined: 1. Residential Service Available upon request to customers with daily requirements less than 1,000 therms for any usual residential use in private dwellings or separately metered apart- ments, contingent on an adequate gas supply and distribution system capacity. 2. Commercial Service Available upon request to commercial and industrial firm customers, contingent on an adequate gas supply and distribution system capacity. SECTION II. RATES. Minnegasco shall not, after the effec- tive date of this Ordinance, charge more for such service than set forth on the attached tariff sheets, which are specifically incorporated by this reference. 1. Gas Sales Service Original Page No. 1, Base Rate for Residential Sales Service Original Page No. 2, Base Rate for Commercial /Industrial Firm Sales 2. Purchased Gas AdiustmentProvisions In the event the delivered costs for any natural gas purchased increases or decreases, and results in a billing rate change that exceeds .3 cents per Therm 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" with the City Clerk. The filing with com- pare 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. At the time of Minnegasco's general rate filings, the municipali- ty will have the opportunity to review Minnegasco's gas pur- chases, procedures, and costs. 3. Annual Tax Expense Adjustment Original Page No. 4 Annual Tax Expense Adjustment Annually, on or before March 31, Minnegasco shall file an "Annual Tax Expense Adjustment" with the community. The filing will compare the actual annual expensed property taxes imposed by Nebraska state and local governmental agencies to base amounts recovered in rates. In addition, new taxes which were not included in the development of the rates approved in this ordinance and changes in tax rates for state and local income taxes and other state and local taxes, permits and fees which are expensed shall also be considered to be property taxes for the purpose of this adjustment. The actual annual taxes imposed and the base amounts recovered in rates will relate to Minnegasco's Nebraska jurisdictional customers. Such comparison shall be for the calendar year ended the immediately preceding December 31, except for the 1991 comparison which will be for a five month period ending December 1991. The filing sill specify a reconcil- iation rate adjustment to become effective an the subsequent April 1. This reconciliation adjustment will correct for any difference between costs and revenue for the reconciliation period and will correct for the previous year's reconciliation adjustment. SECTION III. REFUNDS AND ACCOUNTING. 1. Refunds of 1989 and 1990 Nebraska Property Taxes. Minnegasco will refund to is Nebraska customers the difference between the Nebraska property taxes collected in rates for each of the years 1989 and 1990 and the amount of Nebraska property taxes (after deduction of refunds received) related to its utility operations actually paid for each of those years (such difference hereafter referred to as the "liability "). On March 31 each year until the 1989 and 1990 property tax amounts described above have been fully refunded, Minnegasco will file a report with the cities setting forth the computation of the refund amounts and an officer's certification of (a) the amounts credited to customers' accounts during the preceding calendar year, and (b) the total amount credited to -date through the prior December 31. Refunds will commence within 60 days of the liabil- ity reaching $100,000.00. 2. Accounting for Environmental, Costs Minnegasco will defer all costs incurred as a result of the assessment, monitoring, and clean up of manufactured gas plant sites located in Nebraska. No carrying costs will be calculated on the deferred balance in this account. At the time of its next general rate case, Minnegasco will amortize the deferred balance amount to operating expense, subject to the review of the reasonableness of these costs by the municipality. SECTION IV. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION V. This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED th 9th day of N. - mber, 1991. / ATTEST: ` .i ' X11:-/ , a A e d /YP A_, /f BJ.IA) ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY )ss 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 1 -h day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK PEOPLES NATURAL GAS Ms. Alice Diedrichsen City Clerk 218 So. 16th St. Blair, NE 68008 RE: Rate Tariffs Dear Ms. Diedrichson: 1815 Capitol Avenue 402- 221 -2091 Omaha, Nebraska 68102 March 25, 1994 Peoples Natural Gas is in the process of updating records and documents. To this end, we have enclosed replacement tariffs for natural gas sales services governed by Blair. These tariffs should completely replace any previous tariffs which you might have on file. Please note that these tariffs do not change service provisions or rates that you approved in the last rate case. There are exactly the same. We simply want to get the proper letterhead on these documents and reflect the most current Rate Area assignment. Your prompt attention to this matter is greatly appreciated. If you have any questions, please feel free to call me at (402) 221 -2023. LWH:dp cc: Tim Burke Richard Haubensak 941wh23 Sincerely, Larry W. Headley Manager, Regulatory Affairs PEOPLES NATURAL GAS COMPANY Division of UtiliCorp United Inc. NEBRASKA RATE AREA I (Pipelines: Northern Natural Gas) Applicable Town Codes: Blair B57 Plattsmouth P70 BASE RATE SCHEDULES AND PURCHASED GAS ADJUSTMENT PROVISIONS Page No. Gas Sales Service 101 Base Rate for Residential Sales Service 102 Base Rate for Commercial /Industrial Firm Sales Service 103 Purchased Gas Costs Adjustment (PGA) 104 Annual Tax Expense Adjustment Sheet No. 100 Replaces: Dated: Date Issued: Effective Date: January 1, 1994 Issued By: Richard J. Haubensak, Vice President, Regulatory Affairs N E94100 Peoples Natural Gas Company Nebraska Rate Area I (Metro) Residential Sales Service Sheet No. 101 Replaces: Original Page No 1 Dated: August 1, 1991 Availability: 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. Rate Information: (Base Rate, established August 1, 1991) Customer Charge $7.05 per month (Includes 3 Therms) Energy Charge: .44256 per therm Adjustment for Purchased Gas: The above rate is subject to changes in the cost of purchased gas as shown on Sheet No 103. Annual Tax Expense Adiustment: The above rate is subject to changes in state and local tax costs as shown on Sheet No. 104. Due Date: Bills will be due 20 days after Peoples Natural Gas Company's mailing date. Late Payment Charge: A late payment charge of 1.0 percent (1%) will be assessed monthly on any outstanding amount not paid on or before the due date. Occupation Tax: An occupation tax will be added to the monthly bill computed at this rate schedule for those communities that impose an occupation tax. Date Issued: Effective Date: January 1, 1994 Issued By: Richard J. Haubensak, Vice President, Regulatory Affairs NE94100 Peoples Natural Gas Company Nebraska Rate Area I (Metro) Energy Charge: Base Use Excess Use Commercial/industrial Firm Sales Service Sheet No. 102 Replaces Original Page No. 2 Dated: August 1, 1991 Availability: Available upon regiiest to commercial and industrial firm customers, contingent on an adequate gas supply and distribution system capacity. Rate Information: (Base Rate, established August 1, 1991) Customer Charge $12.00 per month (Includes base rate for 1st 5 therms) .41452 per therm .46452 per therm Adiustment for Purchased Gas: The above rate is subject to changes in the cost of purchased gas as shown on Sheet No. 103. Annual Tax Expense Adiustment: The above rate is subject to changes in state and local tax costs as shown on Sheet No. 104. 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 Tess (Base Use + 5 therms). Customers not having established ,o Base Use shall have Base Use gas quantities estimated by Peoples, based upon expected usage of gas consuming equipment in operation on customer's premise Due Date: Bills will be due 20 days after Peoples' mailing date. Late Payment Charge: A late payment charge of 1.0 percent (1%) will be assessed monthly on any outstanding amount not paid on or before the due date. Occupation Tax: An occupation tax Will be added to the monthly bill computed at this rate schedule for those communities that impose an occupation tax. Date Issued: Effective Date: January 1, 1994 Issued By: Richard J. Haubensak, Vice President, Regulatory Affairs NE94100 Peoples Natural Gas Company Nebraska Rate Area I (Metro) Sheet No. 103 Replaces: Original Page No. 3 Dated: August 1, 1991 Purchased Gas Costs Adiustment (PGA1 Implementation of PGA: In the event the delivered costs for natural gas purchased for resale on a firm and /or interruptible basis increase or decrease, and result in a billing rate change that exceeds $.003 per Therm either temporarily or permanently, the retail gas rates in effect may be increased or shall be decreased correspondingly to reflect the change in the delivered cost of purchased gas. A gas cost change that does not total $.003 per Therm may be withheld until a change in the delivered cost of gas purchased exceeds $.003 per Therm from the current billing rate level. Annual Gas Cost Reconciliation: Annually, on or before October 31st, Peoples shall file a "Gas Cost Reconciliation" (GCR) with the Co munity. The filing will compare the cost of gas purchased (including propane) with actual billed revenue arising from the components of retail rates which are attr butable to the cost of gas purchased. Each such comparison shall be for the year end .d the immediately preceding August 31st. The filing will specify a reconciliation rate adjustment to become effective on the subsequent January 1st. This GCR adjustment will correct for any difference between gas cost incurred and gas cost recovered for the reconciliation year ended August 31st and will correct for the previous year's - econciliation adjustment. Date Issued: Effective Date: January 1, 1994 Issued By: Richard J. Haubensak, Vice President, Regulatory Affairs NE94100 Peoples Natural Gas Company Nebraska Rate Area I (Metro) Description: Annually, on or befDre March 31, Peoples shall file an "Annual Tax Expense Adjustment" with the Community. The filing will compare the actual annual taxes imposed by Nebraska state and local governmental agencies (property taxes, income taxes, motor vehicle fees and licenses, and other fees and permit costs) to base amounts recovered in rates. The actual annual taxes imposed and the base amounts recovered in rates \vill relate to Peoples' Nebraska jurisdictional customers. Such comparison shall be for the calendar year ended the immediately preceding December 31. The filing will specify a reconciliation rate adjustment to become effective on the subsequent April 1. This reconciliation adjustment will correct for any difference between costs and revenue for the reconciliation period and will correct for the previous year's reconciliation adjustment. Property Tax Adiustment:. For each twelve -month period ending December 31, an annual cost reconciliation will be determined based upon actual annual Nebraska Property taxes related to jurisdictional customers incurred by peoples compared with the expense amount included in the May 1, 1991 rate filing for property taxes ( "Base Amount "). The difference between actual cost and the Base Amount will be used in calculating a "property tax adjustment." If the current year taxes are less than the Base Amount, the difference will be refunded to ratepayers. If the current year taxes are higher than the Base Amount, rtes will be adjusted upward to allow Peoples to collect the difference. Other Tax Adiustme t: At the same date, P oples will also compare its actual costs for income taxes, motor vehicle fees and licenses, and other fees and permit costs ( "Other Taxes ") related to jurisdictional custom rs imposed by Nebraska State and local governmental entities to those base amounts recovered in rates. Any change in the sales tax collection fee received from the St to of Nebraska will be considered a change in Other Taxes. Changes in franchis _- fees, sales taxes or other taxes are excluded to the extent they are otherwise billed directly to customers. Annual Tax Expense Adjustment Sheet No. 104 Pg. 1 of 2 Replaces: Original Page No. 4 Dated: August 1, 1991 The "other tax cost a djustments" will be computed as follows: 1) Other Taxes assessed on a percentage basis: The increase or decrease in the tax rate from that existing at December 31, 1990 shall be applied to the base amount used to compute the tax included in the 1991 Rate filing. The amount of any increase will be collected from customers. Any decrease will be refunded to customers. Date Issued: Effective Date: January 1, 1994 Issued By: Richard J. Haubensak, Vice President, Regulatory Affairs NE94100 Peoples Natural Gas Company Nebraska Rate Area I (Metro) Sheet No. 104 Pg. 2 of 2 Replaces: Original Page No. 4 Dated: August-1, 1991 2) Other Taxes assessed as a flat charge: The total amount of other taxes assessed as a flat charge incurred during the latest 12- month period will be compared to the base amount of other taxes assessed as .a flat charge for calendar year 1990. Any increase will be collected from customers. Any decrease will be refunded to customers. Date Issued: Effective Date: January 1, 1994 Issued By: Richarc J. Haubensak, Vice President, Regulatory Affairs NE94100 ORDINANCE NO. 1582 AN ORDINANCE CREATING SECTION 5- 406.01 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, GENERALLY PROVIDING FOR A PROHIBITION OF THE PARKING OF RECREATIONAL VEHICLES, UTILITY TRAILERS, BOATS, OR BOAT TRAILERS ON STREETS OR ANY PORTION OF THE MUNICIPAL RIGHT OF WAY, AMENDING SECTION 5 -411 OF THE MUNICIPAL CODE TO INCLUDE A DEFINITION OF ABANDONED RECREATIONAL VEHICLES IN ADDITION TO AUTOMOBILES AND PROVIDING FOR TOWING THEREOF, 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 5- 406.01 is hereby created to read as follows: Sec. 5- 406.01 RECREATIONAL VEHICLE PARKING. It shall be unlaw- ful for any person to park any recreational vehicle, including but not limited to travel trailers, folding trailers, motor homes, utility trailers, boats, or boat trailers on any street or any portion of the municipal right of way, for more than forty -eight (48) hours. Any person failing to comply with the parking prohibition as set forth herein shall be subject to the penalties of Section 5 -414 of the Municipal Code. SECTION 2. That Section 5 -411 of the Municipal Code is hereby amended to read as follows: Sec. 5 -411 VEHICLES, ABANDONED AUTOMOBILES. It shall be unlaw- ful to abandon any automobile or recreational vehicle as defined in Section 5-406.01 on the Municipal Streets, highways, alleys, parks, or other property. An automobile or recreational vehicle shall be deemed to be abandoned if left unattended: (1) with no current license plates affixed thereto for more than six (6) hours on any public property; (2) for more than twenty -four (24) hours on any public property where parking is not legally permit- ted; (3) for more than forty -eight (48) hours if left on a por- tion of public property on which parking is legally permitted; or (4) for more than twenty -four (24) hours on private property if left initially without the permission of the owner, or after the permission of the owner shall have been terminated. Any automo- bile or recreational vehicle shall immediately become the proper- ty of the Municipality if, in the estimation of the Chief of Police the said automobile or recreational vehicle is of a whole- sale value of one hundred ($100.00) dollars or less. In the event the automobile or recreational vehicle is of an estimated value of over one hundred ($100.00) dollars, the Chief of Police shall make a reasonable effort to contact the owner of said automobile or recreational vehicle by sending a notice to the registered owner, if known; by sending an inquiry to the county it is registered in, if the owner is unknown; or by contacting the Director of Motor Vehicles, if the automobile or recreational vehicle is without license plates and the owner is unknown. If it is known to the Chief of Police that a lien or mortgage exists on the vehicle, notice shall also be sent to the lienholder or mortgagee. If the owner is known and does•not claim the automo- bile or recreational vehicle within five (5) days after the date when notice was mailed, or upon receiving word from the Director of Motor Vehicles that the owner is unknown, title will immedi- ately vest in the City and the automobile or recreational vehicle may be sold. Any proceeds from the sale of the automobile or recreational vehicle less any expenses incurred by the City in such sale shall be held without interest for the benefit of the owner of such vehicle for a period of two (2) years. If not claimed within such period of time, the proceeds shall then be placed into the General Fund. Any person who abandons an automo- bile or recreational vehicle as hereinbefore defined shall be deemed to be guilty of a misdemeanor. (Ref. 60 -1901 et seq.) 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. ATTEST: PASSED AND APPROVED THIS th DAY OF N BER, 1991. ar A ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) JEIOME JENNY, MA 6/ STATE OF. NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of November, 1991. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1583 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS BEGINNING AT THE 1/4 1/4 CORNER NORTH OF THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE NORTH 89 DEGREES 42 MINUTES 04 SECONDS EAST (ASSUMED BEARING) ALONG THE QUARTER QUARTER LINE NORTH OF THE SOUTH LINE OF SECTION 7 A DISTANCE OF 185.37 FEET TO THE WESTERLY COUNTY ROAD R.O.W.; THENCE S 1 DEGREE 03 MINUTES EAST ALONG SAID R.O.W. A DISTANCE OF 80.85 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 04 SECONDS WEST A DISTANCE OF 186.85 FEET TO THE WEST LINE OF THE SW1 /4 SW1 /4 (SOUTHWEST QUAR- TER OF SOUTHWEST QUARTER) OF SECTION 7; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 80.85 FEET TO THE POINT OF BEGINNING LYING IN THE SW1 /4 SW1 /4 (SOUTHWEST QUARTER OF SOUTHWEST QUARTER) OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND CONTAINING 0.35 ACRES, MORE OR LESS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the owners of the real estate described herein have requested said parcel be annexed by the City of Blair; and, desire that said real estate which is adjacent and contiguous to the current municipal corporate boundary be annexed to the City. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as follows: WHEREAS, the Mayor and City Council of the municipality BEGINNING AT THE 1/4 1/4 CORNER NORTH OF THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE NORTH 89 DEGREES 42 MINUTES 04 SECONDS EAST (ASSUMED BEARING) ALONG THE QUARTER QUARTER LINE NORTH OF THE SOUTH LINE OF SECTION 7 A DISTANCE OF 185.37 FEET TO THE WESTERLY COUNTY ROAD R.O.W.; THENCE S 1 DEGREE 03 MINUTES EAST ALONG SAID R.O.W. A DISTANCE OF 80.85 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 04 SECONDS WEST A DISTANCE OF 186.85 FEET TO THE WEST LINE OF THE SW1 /4 SW1 /4 (SOUTHWEST QUARTER OF SOUTHWEST QUARTER) OF SEC- TION 7; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 80.85 FEET TO THE POINT OF BEGINNING LYING IN THE SW1 /4 SW1 /4 (SOUTHWEST QUARTER OF SOUTHWEST QUARTER) OF SEC- TION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND CONTAINING 0.35 ACRES, MORE OR LESS, be and the same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described real estate. 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 after its passage, approval and publication as provided by law. PASSED AND APPROVED this 26TH day of November, 1991. ATTEST: CITY OF BLAIR, NEBRASKA ALICE: I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 2 STH day of November, 1991. 4,(LA ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1584 AN ORDINANCE AMENDING SECTION 502.09 OF THE SUBDIVISION REGULA- TIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR SPECIFICATIONS AND REQUIREMENTS FOR CUL -DE -SACS, AMENDING SCHED- ULE A FOR THE MINIMUM STREET-STANDARDS FOR CUL -DE -SACS, AND AMENDING SECTION 303.01 DEFINING CUL -DE -SAC, REPEALING ALL ORDI- NANCES 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 502.09 of the subdivision regulations of the City of Blair is hereby amended to read as follows: 502.09 CUL -DE -SACS Minor terminal or dead end streets or courts which are designed so as to have one end permanently closed shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turn - around having a radius at the outside of the pavement of at least 50 feet and a radius at the outside of the right of way of at least 62.5 feet. SECTION 2. That Schedule A: Minimum Street Standards of the Subdivision Regulations of the municipality is hereby amended to read as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. That Section 303.01 (11) of the `subdivision regulations of the City of Blair is hereby amended to read as follows: (11) CUL -DE -SAC: A local street of relatively short length with one open end to traffic and the other end terminating in a vehic- ular turn around. No cul -de -sac shall be allowed which a vehicu- lar turn around of less than 50 feet in radius and any cul -de -sac shall also provide for not less than a dedicated right of way of 12.5 feet surrounding the turn around. 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 and approval as provided by law. ATTEST: Passed and approved this 10th day of December , 1991. Oki-t-, 4 au__` Gi bLe' , d ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) JERO JENNY, MAYO 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of December, 1991. (k, - 0, ALICE I. DIEDRICHSEN, CITY CLERK SUBDIVISION REGULATIONS FOR BLAIR, NEBRASKA SCHEDULE A: MINIMUM STREET STANDARDS Exhibit "A" MINIMUM MIN. SPACING MINIMUM SURFACE NO. OF NO. OF SHOULDER MAXIMUM MINIMUM INTERSECTION WITH RIGHT OF WIDTH TRAFFIC_. PARKING WIDTH GRADE CENTER LINE ARTERIAL WAY (FT) (FT) LANES LANES (FT) Z RADIUS (DIG.) STREET (FT) CLASS I SUBDIVISIONS (REFER TO SECTION 303.01 (51)) ARTERIAL STREET 120 ( 36 ( 2 0 4 7 350 COLLECTOR STREET BO (3) 30 (2) 2 0 4 7 300 1320 LOCAL STREET 50 (3) 24 ( 2 0 4 8 200 1320 CUL -DE -SAC AND LOOP 62.5(3) 50 ( 2 0 3 10 200 None Allowed CLASS II SUBDIVISIONS (REFER TO SECTION 303.01 (51)) ARTERIAL STREET 100 ( 44 - .( 2 ) 4 0 8 6 300 COLLECTOR STREET 80 ( 36 ( 2 0 6 7 300 1320 LOCAL STREET 50 ( 25 ( 2 2 6 8 200 1320 CUL -DE -SAC AND LOOP 62.4 50 ( 2 1 4 10 100 None Allowed (1) Minimum standards are not applicable to roads and streets which are included on the Federal -Aid Primary or Federal -Aid Secondary system or on the county or municipal One and Six Year Road and Street Plan. (2) Add greater width if parking and/or turning lanes are to be provided: minimum turning lane = 10 feet minimum parking lane = 8 feet (3) If a greater surface width is provided for parking lanes or turning lanes an equivalent footage of the additional surface width shall be added to the minimum right of way. 3CHEDULE B: REQUIRED SUBDIVISION REQUIREMENTS STREET SURFACE CENTRAL CENTRAL SUBDIVISION CLASS CURB& TYPE STORM STREET LIGHTS WATER SECTION 303.01 (51)) GUTTER SIDEWALKS MINIMUM DRAINAGE LIGHTS SYSTEM SYSTEM :LASS I N.R. N.R. A66 N.R. N.R. N.R. N.R. :LASS 11 YES YES BIT -CCON YES YES YES YES I.R. = NOT REQUIRED, but subject to approval of Planning Commission and City Engineer GG = AGGREGATE, crushed rock or gravel IT =CON = Bituminous or concrete surface