1992$4,500.00
upon the
required
law.
AGREEMENT FOR THE SALE OF REAL ESTATE
as day of
This agreement made this
1992, by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Seller ", and Emmett
Rogert, 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:
ALL OF TAX LOT 221 AND PART OF TAX LOT 226, ALL 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 221 IN SAID SECTION 7,
TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE S 00 DEGREES 15
SECONDS 04 MINUTES WEST (ASSUMED BEARING) ALONG THE EAST
LINE OF SAID TAX LOT AND ITS SOUTHERLY PROJECTION A
DISTANCE OF 203.32 FEET TO THE SOUTHEAST CORNER OF TAX
LOT 226 IN SAID SECTION; THENCE N 90 DEGREES 00 MINUTES
W ALONG THE SOUTH LINE OF SAID TAX LOT A DISTANCE OF
270.00 FEET TO A POINT OF INTERSECTION OF SAID SOUTH
LINE WITH THE SOUTHERLY PROJECTION OF THE WEST LINE OF
SAID TAX LOT 221; THENCE N 00 DEGREES 15 MINUTES 04
SECONDS E ALONG SAID WEST LINE AND ITS SOUTHERLY PROJEC-
TION A DISTANCE OF 203.79 FEET TO THE NORTHWEST CORNER
OF SAID TAX LOT 221; THENCE S 89 DEGREES 54 MINUTES 02
SECONDS EAST ALONG THE NORTH LINE OF SAID TAX. LOT A
DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING; AND
CONTAINING 1.26 ACRES, MORE OR LESS.
and said Buyer agrees to purchase said property on the following
terms and conditions,
The purchase
which said
passage of
publication
to -wit:
price therefore is agreed to be the sum of
sum shall be paid in full upon closing and
an ordinance authorizing the sale and the
of the notice of the sale as provided by
10, 1992.
Closing of the transaction shall be on or before March
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 1991 and all prior real estate
taxes to be paid in full and the prorata share of the 1992 real
estate taxes prorated to the date of possession. The Buyer shall
cause the remaining prorata share of the 1992 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 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.
This agreement executed the date first aforesaid shall
be binding upon the assigns and successors of all parties hereto.
ATTEST:
0A1 QLd A)J,
ALICE I. DIEDRICHSEN, CITY CLERK
STATE OF NEBRASKA )
:ss:
WASHINGTON COUNTY )
MY COMMISSION EXPIRES:
OEWAL NOTARY of Nebraska
CHARLENE FREDERICKSEN
My Comm, Exp. Sept 18.1992
CIT sF BLAIR, NEF�R SKA
BY
OME JENNY, M,
l ;
MMETT ROGERT, BUYER
On this /`°day , 1992, before me, the
undersigned a Notary Public, duly commi'sioned and qualified for
in said county, personally came Jerome Jenny, Mayor of the City
of Blair, Nebraska, Seller, and Emmett Rogert, Buyer, to me known
to be the identical persons whose names are affixed to the fore-
going 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.
NOTARY PUBLIC
ORDINANCE N0. 1SR5
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS ALL OF TAX LOT 221 AND PART OF TAX LOT 226, ALL 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 221 IN SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST;
THENCE S 00 DEGREES 15 SECONDS 04 MINUTES WEST (ASSUMED BEARING)
ALONG THE EAST LINE OF SAID TAX LOT AND ITS SOUTHERLY PROJECTION
A DISTANCE OF 203.32 FEET TO THE SOUTHEAST CORNER OF TAX LOT 226
IN SAID SECTION; THENCE N 90 DEGREES 00 MINUTES W ALONG THE SOUTH
LINE OF SAID TAX LOT A DISTANCE OF 270.00 FEET TO A POINT OF
INTERSECTION OF SAID SOUTH LINE WITH THE SOUTHERLY PROJECTION OF
THE WEST LINE OF SAID TAX LOT 221; THENCE N 00 DEGREES 15 MINUTES
04 SECONDS E ALONG SAID WEST LINE AND ITS SOUTHERLY PROJECTION A
DISTANCE OF 203.79 FEET TO THE NORTHWEST CORNER OF SAID TAX LOT
221; THENCE S 89 DEGREES 54 MINUTES 02 SECONDS EAST ALONG THE
NORTH LINE OF SAID TAX LOT A DISTANCE OF 270.00 FEET TO THE POINT
OF BEGINNING; AND CONTAINING 1.26 ACRES, MORE OR LESS, PROVIDING
FOR THE TERMS AND CONDITIONS OF SAID SALE, 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 the real estate described as ALL OF TAX
LOT 221 AND PART OF TAX LOT 226, ALL 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 221 IN
SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE S 00
DEGREES 15 SECONDS 04 MINUTES WEST (ASSUMED BEARING) ALONG THE
EAST LINE OF SAID TAX LOT AND ITS SOUTHERLY PROJECTION A DISTANCE
OF 203.32 FEET TO THE SOUTHEAST CORNER OF TAX LOT 226 IN SAID
SECTION; THENCE N 90 DEGREES 00 MINUTES W ALONG THE SOUTH LINE OF
SAID TAX LOT A DISTANCE OF 270.00 FEET TO A POINT OF INTERSECTION
OF SAID SOUTH LINE WITH THE SOUTHERLY PROJECTION OF THE WEST LINE
OF SAID TAX LOT 221; THENCE N 00 DEGREES 15 MINUTES 04 SECONDS E
ALONG SAID WEST LINE AND ITS SOUTHERLY PROJECTION A DISTANCE OF
203.79 FEET TO THE NORTHWEST CORNER OF SAID TAX LOT 221; THENCE S
89 DEGREES 54 MINUTES 02 SECONDS EAST ALONG THE NORTH LINE OF
SAID TAX LOT A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING;
AND CONTAINING 1.26 ACRES, MORE OR LESS, should be sold and
conveyed by the City of Blair, Nebraska, to Emmett Rogert.
SECTION 2. That the consideration to be paid by Emmett
Rogert for such real estate is the sum of $4,500.00 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.
PASSED AND APPROVED THIS mil day of January, 1992.
ATTEST:
> rf , nn
.F .0 1 P..nY/� J
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)'
E JENNY, 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
passed and approved at a regular meeting of the Mayor and City
Council of said City held on the 28th day of January, 1992.
0 6) t-p )4-1.1`-4
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1586
AN ORDINANCE CREATING SECTION 703.04 (13) OF THE ZONING REGULA-
TIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY ALLOWING FUNERAL
HOMES AND FUNERAL CHAPELS IN THE RM - RESIDENTIAL MEDIUM DENSITY
DISTRICT AS AN EXCEPTION BY A SPECIAL USE PERMIT, 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 703.04 of the zoning regula-
tions 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 cen-
ter.
(13) Funeral homes and funeral chapels.
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.
��g�4 Y { 1TOC ed u
rr O�
• LL,, r oved this
11TH day of F
�.�y .. s e $
i / W11 OF `e. %
14 SEAL 11
• z
\ , 1/
au
Se / ME JENNY, M
m FIRST 4SS a o
ATTEST pop a ••• •
1 ,410 0 ,
e ®rB soee•
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
)
ary, 1992.
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 11111 day of February, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1587
AN ORDINANCE AMENDING SECTION 403.03 (4) AND SECTION 602 OF THE
SUBDIVISION REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, SAID
AMENDMENTS GENERALLY PROVIDING FOR THE WAIVER OF THE REQUIREMENT
THAT MONUMENTS OR IRON PINS BE PLACED AS REQUIRED IN THE SUBDIVI-
SION PRIOR TO APPROVAL OF THE FINAL PLAT IF A SURETY BOND IS
PROVIDED TO THE CITY, REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES 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 403.03 (4) of the subdivision
regulations of the City of Blair is hereby amended to read as
follows:
403.03 SCALE AND FINAL PLAT CONTENTS: The original and five (5)
copies of the Final Plat and other exhibits required for approval
shall be submitted. The Final Plat shall be drawn in ink on
tracing cloth, mylar, or similar material, and shall be at a
scale of one (1) inch to one hundred (100) feet or larger.
The final plat shall show the following:
(1) Date, title, name, and location of subdivision.
(2) Street and street names, lots, setback lines, lot numbers,
except that in "industrial" type subdivisions, lot design -
tion may be excluded.
(3) Graphic scale and true north point.
(4) Monuments or pins unless waived pursuant to Section 602.
(5) Dimensions, angles, and bearings, and complete legal des-
cription of the property.
(6) Sufficient engineering data to reproduce any line on the
ground.
(7) Names of adjoining properties.
(8) Locations, dimensions, and purpose of any easements.
(9) Purpose for which sites are dedicated or reserved, and
the transfer of ownership of the same.
(10) Certification by surveyor certifying to accuracy of
survey and plat.
(11) Certification signed and acknowledged by all parties holding
title or having any title interest in the land subdivided
and consenting to the preparation and recording of the plat
as submitted.
(12) Location of street trees, size, and species.
(13) Certificate for approval by the Planning Commission to be
signed by the Chairman.
(14) Certificate for approval by the Council and signatures of
the Mayor and City Clerk.
SECTION 2. That Section 602 of the subdivision regula-
tions of the City of Blair is hereby amended to read as follows:
SECTION 602 MONUMENTS, MARKERS AND PINS
Permanent concrete monuments or solid iron pins or iron pipe
monuments shall be accurately set and established at the inter-
sections of all outside boundary lines of the subdivision; at the
intersections of those boundary lines with all street lines; at
the beginning and end of all curves; at points on curves where
the radius or direction changes; and at such other points as are
necessary to establish definitely all lines of the plat, includ-
ing all lot corners. Stone or concrete monuments shall be at
least six (6) inches in diameter, and shall be provided with an
appropriate center point. Solid iron pins or iron pipe monuments
at shall at least one (1) inch in diameter and at least thirty
(30) inches long.
The requirement monuments or pins be in place prior to
approval of the final plat may be waived by the City when the
developer obtains a bond from a surety bonding company authorized
to do business in the State of Nebraska or the developer posts a
cash deposit with the City in an amount estimated by the City to
cover all costs and expenses of the actual placement of said
monuments or iron pins. The bond shall be payable to the City
and shall be held until such time as the placement of said monu-
ments or iron pins is completed. Said waiver shall be for a
period not to exceed six (6) months from the date of approval of
the final plat and in the event the developer fails within the
waiver period to place said monuments or iron pins the City may
do so and apply the proceeds of the bond or cash deposit to the
cost thereof. In addition to the surety bond or cash deposit,
the City may also delay filing the final plat with the County
Clerk pending completion of the placement of the monuments or
iron pins as required.
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.
e` , G• •
�
0 0
• CITY OF e ° •
•
SEAL
o • • •
T. • c
FIRST CLASS
w . l
Passed and approved this
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
llth
J O E JENNY,
day of February, 1992.
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 February, 1992.
Ohio )
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1588
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS FROM THE 1/4 1/4 CORNER NORTH OF THE SOUTHWEST CORNER OF
SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST AND ASSUMING THE WEST
LINE OF THE SW1 /4 SW1 /4 OF SAID SECTION TO BEAR DUE NORTH AND
SOUTH; THENCE SOUTH A DISTANCE OF 80.85 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH A DISTANCE OF 982.03 FEET;
THENCE SOUTH 88 DEGREES 08 MINUTES EAST A DISTANCE OF 205.10 FEET
TO THE WESTERLY RIGHT OF WAY OF FOURTH STREET; THENCE N 1 DEGREE
03 MINUTES W ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF
989.91 FEET, THENCE S 89 DEGREES 41 MINUTES 15 SECONDS W A DIS-
TANCE OF 186.85 FEET TO THE POINT OF BEGINNING, 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 CONTAINING 4.43 ACRES
MORE OR LESS, 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 FROM THE
1/4 1/4 CORNER NORTH OF THE SOUTHWEST CORNER OF SECTION 7, TOWN-
SHIP 18 NORTH, RANGE 12 EAST AND ASSUMING THE WEST LINE OF THE
SW1 /4 SW1 /4 OF SAID SECTION TO BEAR DUE NORTH AND SOUTH; THENCE
SOUTH A DISTANCE OF 80.85 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH A DISTANCE OF 982.03 FEET; THENCE SOUTH 88
DEGREES 08 MINUTES EAST A DISTANCE OF 205.10 FEET TO THE WESTERLY
RIGHT OF WAY OF FOURTH STREET; THENCE N 1 DEGREE 03 MINUTES W
ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 989.91 FEET,
THENCE S 89 DEGREES 41 MINUTES 15 SECONDS W A DISTANCE OF 186.85
FEET TO THE POINT OF BEGINNING, 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 CONTAINING 4.43 ACRES should be
sold and conveyed by the City of Blair, Nebraska, to Ronald J. L
Short and Patricia J. Short.
SECTION 2. That the consideration to be paid by Ronald
J. Short and Patricia J. Short for such real estate is the sum of
3,500.00 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.
PASSER,
os
CJTY OF
o c m
• 9 m
EA SEAL °*-
a •
• •
ATTEST: a FIRSTCLASS <
®# ti, a+t � ° • 1 961 e ® 0 , $ �� Q O� Y
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
D APPROVED THIS 11th day of February, 1992.
bFf.
•
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 February, 1992.
(; Li; (fh ; 1
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT FOR THE SALE OF REAL ESTATE \/
This agreement made this // day of ,
1992, by and between the City of Blair, Nebraska, a Municipal
Corporation, .hereinafter referred to as "Seller ", and Ronald J.
Short and Patricia. J. Short, 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:
FROM THE 1/4 1/4 CORNER NORTH OF THE SOUTHWEST CORNER OF
SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST AND ASSUMING
THE WEST LINE OF THE SW1 /4 SW1 /4 OF SAID SECTION TO BEAR
DUE NORTH AND SOUTH; THENCE SOUTH A DISTANCE OF 80.85
FEET TO THE POINT OP BEGINNING; THENCE CONTINUING SOUTH
A DISTANCE OF 982.03 FEET; THENCE SOUTH 88 DEGREES 08
MINUTES EAST A DISTANCE OF 205.10 FEET TO THE WESTERLY
RIGHT OF WAY OF FOURTH STREET; THENCE N 1 DEGREE 03
MINUTES W ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF
989.91 FEET, THENCE S 89 DEGREES 41 MINUTES 15 SECONDS W
A DISTANCE OF 186.85 FEET TO THE POINT OF BEGINNING,
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 CONTAINING 4.43 ACRES,
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
$3,500.00 which said sum shall be paid in full upon closing and
upon the passage of an ordinance authorizing the sale and the
required publication of the notice of the sale as provided by
law.
15, 1992.
Closing of the transaction shall be on or before April
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 1991 and all prior real estate
taxes and special assessments for paving, sewer, water, and
electric power to be paid in full and the prorata share of the
1992 real estate taxes prorated to the date of possession. The
Buyers shall cause the remaining prorata share of the 1992 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. The Seller represents the
bench mark elevation is 1042 feet elevation, mean sea level, for
the rules and regulations applicable to floodways and flood
plains as promulgated by the Federal Emergency Management Agency.
In the event the Buyers request, Seller shall provide to
the Buyers a title insurance commitment to said premise 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 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.
This agreement executed the date first aforesaid shall
be binding upon the assigns and successors of all parties hereto.
CITY BLAIR, NEBRASKA
BY ,40
JF,Z(OME JENNY, MA
ATTEST:
()
ALICE I. DIEDRICHSEN, CITY CLERK
RON LD J. S BUYER
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this c7'6 day of
undersigned a Notary Public, duly ommissioned2and.efuae me, fo r
� y qualified for
in said county, personally came Jerome Jenny, Mayor of the City
of Blair, Nebraska, Seller, &mkxR{orxa okx,RxxSt1iatcUxXHdxK gItlaXxxx
SIRWX4xxliVAWS 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
above written.
MY COMMISSION EXPIRES:
STATE OF NEBRASKA
WASHINGTON COUNTY
GENERAL NOTARY -State of Nebraska
WYMAN E. NELSON
My Comm. Exp. April 21, 1992
GENERAL NOTARY - State of Nduas
ELIZ J. WORSFOLD
My Comm. Exp. Aug. 22,1994
ss.
Illitr46ewe /
PATRICIA J. ORf BUYER
ri91-Seal the day and year last
NOTARY PUBLIC
On this 26th day of February, 1992, before me, the
undersigned a Notary Public, duly commissioned and qualified for
in said county, personally came Ronald J. Short and Patricia J.
Short, 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 Notiarl Seal the day and year last
above written.
ORDINANCE NO. 1589
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT - OF-WAY OF
COLFAX STREET AND THE WEST RIGHT -OF -WAY OF FIRST STREET AND
ASSUMING THE NORTH RIGHT -OF -WAY OF COLFAX STREET TO BEAR N 89
DEGREES 52 MINUTES 40 SECONDS WEST; THENCE N 89 DEGREES 52
MINUTES 40 SECONDS WEST ALONG SAID RIGHT-OF -WAY A DISTANCE OF
270.00 FEET; THENCE N 00'DEGREES 15 MINUTES 04 SECONDS EAST A
DISTANCE OF 161.41 FEET; THENCE S 89 DEGREES 52 MINUTES 40 SEC-
ONDS EAST A DISTANCE OF 270.00 FEET TO THE WEST RIGHT -OF -WAY OF
FIRST STREET; THENCE S 00 DEGREES 15 MINUTES 04 SECONDS WEST
ALONG SAID WEST RIGHT -OF -WAY A DISTANCE OF 161.41 FEET TO THE
POINT OF BEGINNING, LYING IN THE SW1 /4 SW1 /4 OF SECTION 7, TOWN-
SHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY,
NEBRASKA, AND CONTAINING 1.00 ACRE MORE OR LESS, 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 BEGINNING
AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY OF COLFAX STREET
AND THE WEST RIGHT -OF -WAY OF FIRST STREET AND ASSUMING THE NORTH
RIGHT -OF -WAY OF COLFAX STREET TO BEAR N 89 DEGREES 52 MINUTES 40
SECONDS WEST; THENCE N 89 DEGREES 52 MINUTES 40 SECONDS WEST
ALONG SAID RIGHT -OF -WAY A DISTANCE OF 270.00 FEET; THENCE N 00
DEGREES 15 MINUTES 04 SECONDS EAST A DISTANCE OF 161.41 FEET;
THENCE S 89 DEGREES 52 MINUTES 40 SECONDS EAST A DISTANCE OF
270.00 FEET TO THE WEST RIGHT -OF -WAY OF FIRST STREET; THENCE S 00
DEGREES 15 MINUTES 04 SECONDS WEST ALONG SAID WEST RIGHT -OF -WAY A
DISTANCE OF 161.41 FEET TO THE POINT OF BEGINNING, 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 CONTAINING 1.00 ACRE
MORE OR LESS, PROVIDING FOR should be sold and conveyed by the
City of Blair, Nebraska, to Randall Richter.
SECTION 2. That the consideration to be paid by Randall
Richter for such real estate is the sum of $4,000.00 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.
PASSED AND APPROVED THIS w: day of Mach, 1992.
ATTEST:
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
ALICE I. DIEDRICHSEN, CITY CLERK
)ss
JE ME 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 and approved at a regular meeting of the Mayor and City
Council of said City held on the 24TH day of March, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT FOR THE SALE OF REAL ESTATE
This agreement made this 24TH day of MARCH
1992, by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Seller ", and Randall
Richter, 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:
BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY
OF COLFAX STREET AND THE WEST RIGHT -OF -WAY OF FIRST
STREET AND ASSUMING THE NORTH RIGHT -OF -WAY OF COLFAX
STREET TO BEAR N 89 DEGREES 52 MINUTES 40 SECONDS WEST;
THENCE N 89 DEGREES 52 MINUTES 40 SECONDS WEST ALONG
SAID RIGHT -OF -WAY A DISTANCE OF 270.00 FEET; THENCE N 00
DEGREES 15 MINUTES 04 SECONDS EAST A DISTANCE OF 161.41
FEET; THENCE S 89 DEGREES 52 MINUTES 40 SECONDS EAST A
DISTANCE OF 270.00 FEET TO THE WEST RIGHT -OF -WAY OF
FIRST STREET; THENCE S 00 DEGREES 15 MINUTES 04 SECONDS
WEST ALONG SAID WEST RIGHT -OF -WAY A DISTANCE OF 161.41
FEET TO THE POINT OF BEGINNING, LYING IN THE SW1 /4 SW1 /4
OP SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE
6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND CONTAINING
1.00 ACRE MORE OR LESS,
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
$4,000.00 which said sum shall be paid in full upon closing and
upon the passage of an ordinance authorizing the sale and the
required publication of the notice of the sale as provided by
law.
Closing of the transaction shall be on or before
April 21 , 1992.
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 1991 and all prior real estate
taxes to be paid in full and the prorata share of the 1992 real
estate taxes prorated to the date of possession. The Buyer shall
cause the remaining prorata share of the 1992 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 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.
This agreement executed the date first aforesaid shall
be binding'upon the assigns and successors of all parties hereto.
: ATTE ST:. -.
.-e
ALICE_=I._DIEDRICHSEN, CITY CLERK
CI 0' BLAIR, NEB KA
RANDALL RI HTER, BUYER
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this --- day of / , 1992, 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 Randall Richter, 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. t
GENERAL.NOTARY -swam
WARREN D. WIITAKER
My y Comm. bp. Feb. 22, 1998
MY COMMISSION EXPIRES:
%//
NOTARY PUBLIC
ORDINANCE NO. 1590
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING that part
of the N1 /2 of the NE1 /4 of Section 11, Township 18 North, Range
11 East of the 6th P.M., Washington County, Nebraska,. described
as follows: Commencing at the NE corner of the NW1 /4 of said
NE1 /4; thence N 89 degrees 28 minutes 42 seconds W (assumed
bearing) 33.00 feet on the North line of said NW1 /4; thence S 00
degrees 12 minutes 03 seconds W 102.09 feet on a line 33.00 feet
West of and parallel:with the East line of said NW1 /4 to the
point. of beginning; thence continuing S 00 degrees 12 minutes 03
seconds W 181.58 feet; thence Northeasterly on a 233.00 foot
radius curve to the right, chord bearing:N 18 degrees 40 minutes
02 seconds E, chord distance 147.59 feet, an arc distance of
150.18. feet; thence N 47 degrees 00 minutes 00 seconds W 39.59
feet; thence Northwesterly on a 211.56 foot radius curve to the
left, chord bearing N 50 degrees 06 minutes 54 seconds W, chord
distance 22.99 feet, .an arc distance of 23.00 feet to the point
of beginning; and commencing at the intersection of the East line
of the 19th Street to Adams Street connector road as established
by survey on March 15, 1983, and the North right of way of Adams
Street; thence Westerly along the North right of way of Adams a
distance of 66.0 feet to the point of beginning; thence conti-
ing Westerly along said North right of way line to a point
33.00 feet West of the East line of the SW1 /4 SE1 /4 of Section 2,
Township 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, thence Southerly along a line 33.00 feet West
of and parallel to the East line of the SW1 /4 SE1 /4 of Section 2
and the East line of the NW1 /4 NE1 /4 of Section 11 a distance of
75.82 feet to a point on the Northerly R.O.W. of Arbor Circle;
thence Southeasterly along said Northerly R.O.W. to a point on a
line 33.00 feet West of and parallel to the East line of the
NW1 /4 NE1 /4 of Section 11; thence Northerly along said parallel
line to the Southerly R.O.W. of Adams Street; thence Easterly
along said Southerly R.O.W. to a point which is on a line 66.00
feet Westerly from and parallel to the East line of said 19th
Street to Adams Street connector road; thence Northerly along
said parallel line to the point of beginning; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PRO-
VIDING WHEN THIS ORDINANCE SHALL BE IN PULL FORCE AND EFFECT.
BE IT ORDAINED.BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That part of the N1 /2 of the NE1 /4 of Section
11, Township 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, described as follows: Commencing at the NE
corner of the NW1 /4 of said NE1 /4; thence N 89 degrees 28 minutes
42 seconds W (assumed bearing) 33.00 feet on the North line of
said NW1 /4; thence S 00 degrees 12 minutes 03 seconds W 102.09
feet on a line 33.00 feet West of and parallel with the East line
of said NW1 /4 to the point of beginning; thence continuing S 00
degrees 12 minutes 03 seconds W 181.58 feet; thence Northeasterly
on a 233.00 foot radius curve to the right, chord bearing N 18
degrees 40 minutes 02 seconds'E, chord distance 147.59 feet, an
arc distance of 150.18 feet; thence N 47 degrees 00 minutes 00
seconds W 39.59 feet; thence Northwesterly on a 211.56 foot
radius curve to the left, chord bearing N 50 degrees 06 minutes
.54 seconds W, chord distance 22.99 feet, an are distance of 23.00
feet to the point of beginning; and commencing at the intersec-
tion of the East line of the 19th Street to Adams Street connec-
tor road as established by survey on March 15, 1983, and the
North right of way of Adams Street; thence Westerly along the
North right of way of Adams a distance of 66.0 feet to the point
of beginning; thence continuinig Westerly along said North right
of -way line to a point 33.00 feet West of the East line of the
SW1 /4 SE1 /4 of Section 2, Township 18 North, Range 11 East of the
6th P.M., Washington County, Nebraska, thence Southerly along a
line 33.00 feet West of and parallel to the East line of the
SW1 /4 SE1 /4 of Section 2 and the East line of the NW1 /4 NE1 /4 of
Section 11 a distance of 75.82 feet to a point on the Northerly
R.O.W. of Arbor Circle; thence Southeasterly along said Northerly
R.0:W. to a point on a line 33.00 feet West of and parallel to
the East line of the'NW1 /4 NE1 /4 of Section 11; thence Northerly
along said parallel line to the Southerly R.O.W. of Adams Street;
thence Easterly along said Southerly R.O.W. to a point which is
on a line 66.00 feet Westerly from and parallel to the East line
of said 19th Street to Adams Street connector road; thence North-
erly along said parallel line to the point of beginning; is
hereby vacated and 'abandoned by the municipality. The City of
Blair specifically hereby reserves a perpetual easement across
said real estate for any and all utility purposes, including but
not limited to the City of Blair for sewer and water utilities,
the Blair Telephone Company for telephone utilities, Cable USA
for cable and Omaha Public Power District for elec-
trical purposes, all of, same being without restriction or limita-
tion. Said utility easements shall include all existing utili-
ties thereon and shall also allow any future utilities even
though same may not presently exist thereon.
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:
(S EAL )
STATE NEBRASKA
WASHINGTON COUNTY
PASSED AND APPROVED this • ,
ALICE I. DIEDRICHSEN, CITY CLERK
)s s
)
JENNY, MAYO
day of Apr;�� 1992.
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 14th, day, of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1591
An Ordinance providing for the sale and exchange of the real
estate described as that part of the N1 /2 of the NE1 /4 of Section
11, 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, described as follows: Commencing at the NE
corner of the NW1 /4 of said NE1 /4; thence N 89 degrees 28 minutes
42 seconds W (assumed bearing) 33.00 feet on the North line of
said NW1 /4; thence S 00 degrees 12 minutes 03 seconds W 102.09
feet on a line 33.00 feet West of and parallel with the East line
of said NW1 /4 to the point of beginning; thence continuing S 00
degrees 12 minutes 03 seconds W 181.58 feet; thence Northeasterly
on a 233.00 foot radius curve to the right, chord bearing N 18
degrees 40 minutes 02 seconds E, chord distance 147.59 feet, an
arc distance of 150.18 feet; thence N 47 degrees 00 minutes 00
seconds W 39.59 feet; thence Northwesterly on a 211.56 foot
radius curve to the left, chord bearing N 50 degrees 06 minutes
54 seconds W, chord distance 22.99 feet, an arc distance of 23.00
feet to the point of beginning; and beginning at the Southeast
corner of the SW1 /4 SE1 /4 of Section 2, Township 18 North, Range
11 East of the 6th P.M., Washington County and assuming the East
line of said SW1 /4 SE1 /4 to bear due North and South; thence
North a distance of 33.0 feet; thence N 89 degrees 28 minutes 42
seconds W a distance of 33.00 feet; thence South a distance of
33.00 feet to the North line of the /4 NE1 /4 of Section 11,
Township 18 North, Range 11 East, thence S 00 degrees 12 minutes
03 seconds W a distance of 42.82 feet on a line 33.00 feet West
of and parallel with the East line of said NW1 /4 NE1 /4; thence
Southeasterly on a 261.56 foot radius curve to the left, chord
bearing S 56 degrees 40 minutes 12 seconds E, chord distance
39.40 feet, an arc distance of 39.44 feet to the East line of
said NW1 /4 NE1 /4; thence N 00 degrees 12 minutes 03 seconds E
64.17 feet on the East line of said NW1 /4 NE1 /4 to the point of
beginning, 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 A & M Development
Co., a Nebraska partnership, that part of the N1/2 of the NE1 /4
of Section 11, Township 18 North, Range 11 East of the 6th P.M.,
Washington County, Nebraska, described as follows: Commencing at
the NE corner of the NW1 /4 of said NE1 /4; thence N 89 degrees 28
minutes 42 seconds W (assumed bearing) 33.00 feet on the North
line of said NW1 /4; thence S 00 degrees 12 minutes 03 seconds W
102.09 feet on a line 33.00 feet West of and parallel with the
East line of said NWI /4 to the point of beginning; thence contin-
uing S 00 degrees 12 minutes 03 seconds W 181.58 feet; thence
Northeasterly on a 233.00 foot radius curve to the right, chord
bearing N 18 degrees 40 minutes 02 seconds E, chord distance
147.59 feet, an are distance of 150.18 feet; thence N 47 degrees
00 minutes 00 seconds W 39.59 feet; thence Northwesterly on a
211.56 foot radius curve to the left, chord bearing N 50 degrees
06 minutes 54 seconds W, chord distance 22.99 feet, an arc dis-
tance of 23.00 feet to the point of beginning; and beginning at
the Southeast corner of the SW1 /4 SE1 /4 of Section 2, Township 18
North, Range 11 East of the 6th P.M., Washington County and
assuming the East line of said SW1 /4 SE1 /4 to bear due North and
South; thence North a distance of 33.0 feet; thence N 89 degrees
28 minutes 42 seconds W a distance of 33.00 feet; thence South a
distance of 33.00 feet to the North line of the NW1 /4 NE1 /4 of
Section 11, Township 18 North, Range 11 East, thence S 00 degrees
12 minutes 03 seconds W a distance of 42.82 feet on a line 33.00
feet West of and parallel with the East line of said NW1 /4 NE1 /4;
thence Southeasterly on a 261.56 foot radius curve to the left,
chord bearing S 56 degrees 40 minutes 12 seconds E, chord dis-
tance 39.40 feet, an arc distance of 39.44 feet to the East line
of said NWI /4 NE1 /4; thence N 00 degrees 12 minutes 03 seconds E
64.17 feet on the East line of said NWI /4 NE1 /4 to the point of
beginning; and A & M Development Co., a Nebraska partnership,
agrees to deed and convey, free and clear of all encumbrances, to
the City of Blair, Nebraska, a Municipal Corporation, that part
of the abandoned Chicago, St. Paul, Minneapolis and Omaha Rail-
road right of way in the.NW1 /4 of the NE1 /4 of Section 11, Town-
ship 18 North, Range 11 East of the 6 th P.M., Washington County,
Nebraska, described as follows: Commencing at the NE corner of
said NW1 /4; thence N 89 degrees 28 minutes 42 seconds W (assumed
bearing) 695.61 feet on the North line of said NW1 /4 to the West
line of Tax Lot 283 in Section 11; thence S 00 degrees 31 minutes
18 seconds W 145.72 feet on the West line of said Tax Lot 283 to
the SW corner of said Tax Lot 283 and the point of beginning;
thence S 58 degrees 28 minutes
South line of said Tax Lot 283 and on the North
abandoned right of way to the Northerly right of
Highway 'No. 75; thence N 77 degrees 56 minutes
150.06 feet on the Northerly right of way line of
No. 75; thence N 31 degrees 31 minutes 19 seconds
to the point of beginning.
41 seconds E 141.49 feet
SECTION 2. The conveyance shall be
terms and conditions of the proposed agreement
and
marked Exhibit "A ".
SECTION 3. That the Mayor and City Clerk of the
Blair, Nebraska, are
any and all necessary
hereby authorized and directed to
documents to effectuate such
line of said
way line of
26 seconds W
said Highway
E 50.00 feet
pursuant to the
attached hereto
conveyance
SECTION 4. All ordinances or parts
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force
effect from and following the passage and publication hereof
required by law.
PASSED AND APPROVED THIS
i4th day of A
ETS,l�1E
JENNY, MAYO
r.�1992.
on the
City of
execute
•
of ordinances in
and
as
ATTEST:
!a 141�✓G�2.r/J
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 14th day of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT
This Agreement made this 14th day of April, 1992, by and
between the City of Blair, Nebraska, a Municipal Corporation,
hereinafter referred to as "Blair," and A & M Development Co., a
Nebraska partnership, hereinafter referred to as "A & M."
For and in consideration of One Dollar, the exchange of real
estate, and good and other valuable consideration, Blair hereby
agrees to convey by Quit Claim Deed, free and clear of all encum-
brances except easements and restrictions of record the following
described real estate, to -wit:
That part of the N1 /2 of the NE1 /4 of Section 11, Town-
ship 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, described as follows: Commencing at
the NE corner of the NW1 /4 of said NE1 /4; thence N 89
degrees 28 minutes 42 seconds W (assumed bearing) 33.00
feet on the North line of said NW1 /4; thence S 00 de-
grees 12 minutes 03 seconds W 102.09 feet on a line
33.00 feet West of and parallel with the East line of
said NW1 /4 to the point of beginning; thence continuing
S 00 degrees 12 minutes 03 seconds W 181.58 feet; thence
Northeasterly on a 233.00 foot radius curve to the
right, chord bearing N 18 degrees 40 minutes 02 seconds
E, chord distance 147.59 feet, an arc distance of 150.18
feet; thence N 47 degrees 00 minutes 00 seconds W 39.59
feet; thence Northwesterly on a 211.56 foot radius curve
to the left, chord bearing N 50 degrees 06 minutes 54
seconds W, chord distance 22.99 feet, an arc distance of
23.00 feet to the point of beginning; and
Beginning at the Southeagt corner of the SW1/4 SE1 /4 of
Section 2, Township 18 North, Range 11 East of the 6th
P.M., Washington County and assuming the East line of
said SW1 /4 SE1 /4 to bear due North and South; thence
North a distance of 33.0 feet; thence N 89 degrees 28
minutes 42 seconds W a distance of 33,00 feet; thence
South a distance of 33.00 feet to the North line of the
NW1 /4 NE1 /4 of Section 11, Township 18 North, Range 11
East, thence S 00 degrees 12 minutes 03 seconds W a
distance of 42.82 feet on a line 33.00 feet West of and
parallel with the East line of said NW1 /4 NE1 /4; thence
Southeasterly on a 261.56 foot radius curve to the left,
chord bearing S 56 degrees 40 minutes 12, seconds E,
chord distance 39.40 feet, an are distance of 39.44 feet
to the East line of said NW1 /4 NE1 /4; thence N 00 de-
grees 12 minutes 03 seconds E 64.17 feet on the East
line of said NW1 /4 NE1 /4 to the point of beginning,
and A & M shall deed or cause to have conveyed to the City of
Blair, free and clear of all encumbrances except easements and
restrictions of record, the following described real estate, to-
wit:
That part of the abandoned Chicago, St. Paul, Minneapo-
lis and Omaha Railroad right of way in the NW1 /4 of the
NE1 /4 of Section 11, Township 18 North, Range 11 East of
Neither party hereto makes any representations as to the
suitability of the real estate to be conveyed to them for the
intended use by said respective party.
The parties hereto agree all real estate taxes assessed on
the real estate prior to the date of conveyance shall be paid by
each respective party on the real estate which they are convey-
ing.
the 6th P.M., Washington County, Nebraska, described as
follows: Commencing at the NE corner of said NW1 /4;
thence N 89 degrees 28 minutes 42 seconds W (assumed
bearing) 695.61 feet on the North line of said NW1 /4 to
the West line of Tax Lot 283 in Section 11; thence S 00
degrees 31 minutes 18 seconds W 145.72 feet on the West
line of said Tax Lot 283 to the SW corner of said Tax
Lot 283 and the point of beginning; thence S 58 degrees
28 minutes 41 seconds E 141.49 feet on the South line of
said Tax Lot 283 and on the North line of said abandoned
right of way to the Northerly right of way line of
Highway No. 75; thence N 77 degrees 56 minutes 26 sec-
onds W 150.06 feet on the Northerly right of way line of
said Highway No. 75; thence N 31 degrees 31 minutes 19
seconds E 50.00 feet to the point of beginning.
Neither party shall be required to furnish a survey nor
shall either be required to provide title insurance or an ab-
stract of title.
This agreement shall be binding upon the heirs, personal
representatives, successors, and assigns of all parties hereto.
ATTEST:
Alice I. Diedrichsen,
City Clerk
A & M Development Co., a
Nebraska Partnership
Fred �grick J. Amen, Partner
By,
Ci
By
J
at Marlette, Partner
Blair, Nebraaka
me Jenny, Ma
ORDINANCE NO. 1592
AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS TAX LOTS 22
AND 35 IN SECTION 2, AND TAX LOTS 283, 604, 613, 614, AND 615 IN
SECTION 11, ALL IN TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH
P.M., WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
WHEREAS, the owners of Tax Lots 22 and 35 in Section 2, and
Tax Lots 283, 604, 613, 614, and 615 in Section 11, all in
Township 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, have requested annexation of said tract; and,
WHEREAS, the City of Blair desires to annex said real estate
which is adjacent and contiguous to the current municipal corpo-
rate 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 desbribed as
follows:
Tax Lots 22 and 35 in Section 2, and Tax Lots 283,
604, 613, 614, and 615 in Section 11, all in Township
18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska.
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. 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 22 and 35 in Section 2, and
Tax Lots 283, 604, 613, 614, and 615 in Section 11, all in
Township 18 North, Range 11 East of the 6th P.M., Washington
County, Nebraska, to RM - Residential Medium Density District.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication as
provided by law.
PASSED AND APPROVED this 14th day of April, 1992.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
'(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASIJ5A
III,
BY / ►//J° L'_
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 14th day of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE OF T E CITY OF BLAIR, NEBRASKA, VACATING LOTS 18,
19, AND 20 IN LARS N'S STILLMEADOW SECOND ADDITION TO THE CITY OF
BLAIR, WASHINGTON ,COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCE IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BENIN FULL FORCE AND EFFECT.
WHEREAS, the owner and developer of Lots 18, 19, and 20
in Larsen's Stillmdadow Second Addition has requested the plat of
required by law.
ATTEST:
(SEAL)
PASSED AND
said lots be vacated so that they may be replatted to a larger
size as part of Lar%sen's Stillmeadow Third Addition; and,
WHEREAS, thle Mayor and City Council find such reconfigu-
ration t� be acceptllablt.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: -
SECTION 1H . The platting of Lots 18, 19, and 20 in
Larsen's Stillmead'pw Second Addition is hereby vacated pursuant
to the request of he owner and developer thereof.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith a e hereby repealed.
SECTION 3' This ordinance shall be in full force and
effect from and fo .lowing the passage and publication hereof as
ALICE I. DIEDRICHSE ., CITY CLERK
ORDINANCE NO. 1593
APPROVED this
JE
day of April, 1992.
ENNY,
STATE OF NEBRASKA )
)s
WASHINGTON COUNTY )
s
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 14th day of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1594
AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS BEGINNING AT
THE NORTHWEST CORNER OF LOT 14, BLOCK 10, LARSEN HEIGHTS SECOND
ADDITION, SAID CORNER BEING A POINT ON THE EASTERLY RIGHT OF WAY
OF COUNTY ROAD NO. 329; THENCE SOUTHWESTERLY ALONG THE EXTENSION
OF THE NORTH LINE OF SAID LOT 14 TO THE WESTERLY RIGHT OF WAY OF
SAID COUNTY ROAD; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT
OF WAY TO THE NORTH LINE OF THE SE1 /4 SE1 /4'OF SECTION 3, TOWN-
SHIP 18 NORTH, RANGE 11 EAST; THENCE EASTERLY ALONG SAID NORTH
LINE OF THE SE1 /4 SE1 /4 TO THE EASTERLY RIGHT OF WAY OF COUNTY
ROAD 329; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY
TO THE POINT OF "BEGINNING, LYING IN THE SE1 /4 SL1 /4 OF SECTION 3,
TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON
COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT.
WHEREAS, Washington County has consented to the annexa-
tion of the real estate described hereinbelow; 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:
BEGINNING AT THE NORTHWEST CORNER OF LOT 14, BLOCK 10,
LARSEN HEIGHTS SECON ADDITION, SAID CORNER BEING A
POINT ON THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO.
329; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE
NORTH LINE OF SAID LOT 14 TO THE WESTERLY RIGHT OF WAY
OF SAID COUNTY ROAD; THENCE NORTHWESTERLY ALONG SAID
WESTERLY RIGHT OF WAY TO THE NORTH LINE OF THE SE1 /4
SE1 /4 OF SECTION 3, TOWNSHIP 18 NORTH, RANGE 11 EAST;
THENCE EASTERLY ALONG SAID NORTH LINE OF THE SE1 /4 SE1 /4
TO THE EASTERLY RIGHT OF WAY OF COUNTY ROAD 329; THENCE
SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE
POINT OF BEGINNING, LYING IN THE SE1 /4 SE1 /4 OF SECTION
3, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M.,
WASHINGTON COUNTY, NEBRASKA,
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 14th day of April, 1992.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY j rnt:; 'i
JER C, J ENNV, 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 14th day of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
CONSENT
The Washington County Board of Supervisors does hereby
consent to annexation by the City of Blair of that portion of
County Road P329 which is "more particularly described as follows:
Beginning at 'the Northwest corner of Lot Fourteen (14),
Block Ten (10), Larsen Heights Second Addition, said corner being
a point on the Easterly right -of -way of County Road No. 329;
thence Southwesterly along the . extension of the North line of
said Lot 14 to the Westerly right -of -way of said county road;
thence Northwesterly along said Westerly right -of -way to the
North line of the SE 1/4 SE 1/4 of the SE 1/4 SE 1/4 to the
Easterly right -of -way of County Road 329; thence Southeasterly
along said Easterly right -of -way to the point of beginning, lying
in the SE 1/4 SE 1/4 of Section Three (3), Township Eighteen (18)
North, Range Eleven (11), East of the Sixth P.M. in Washington
County, Nebraska.
ATTEST:
DATED:
leed
C i LOTTE PETERSEN
COUNTY CLERK •
WASHINGTON COUNTY BOARD OF SUPERVISORS
WASHINGTON COUNTY, NEBRASKA
BY '
JO• LUTZ, C IFCMAN
ORDINANCE NO. 1595
An Ordinance providing for the sale of a tract of land described
as part of Tax Lot 226 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:
From the intersection of the north right of way line of Colfax
Street and the west right of way line of First Street; thence N
89 degrees 52 minutes 40 seconds W along the North R.O.W. line of
said Colfax Street a distance of 270.00 feet; thence N 00 degrees
15 minutes 04 seconds E parallel to and 270.00 feet west of the
west R.O.W. line of said First Street a distance of 161.41 feet
to the Point of Beginning; thence continuing N 00 degrees 15
minutes 04 seconds E a distance of 141.10 feet to a point on the
north line of the SW1 /4 SW1 /4 of said Section 7, Township 18
North, Range 12 East; thence N 89 degrees, 49 minutes 26 seconds E
along said north line a distance of 270.01 feet to a point on the
west R.O.W. line of said First Street; thence S 00 degrees 15
minutes 04 seconds W along said west R.O.W. line a distance of
142.51 feet to a point 161.41 feet north of the north R.O.W. line
of said Colfax Street; thence N 89 degrees 52 minutes 40 seconds
W parallel to and 161.41 feet north of said north R.O.W. line a
distance of 270.00 feet to the point of beginning; and containing
0.88 acres, more or less, 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 part of
Tax Lot 226 lying in the SW1 /4 SW1 /4 of Section 7, Township 18
North, Range 12 East of the 6th P.M., Washington County, Nebras-
ka, and more particularly described as follows: From the inter -
section of the north right of way line of Colfax Street and the
west right of way line of First Street; thence N 89 degrees 52
minutes 40 seconds W along the North R.O.W. line of said Colfax
Street a distance of 270.00 feet; thence N 00 degrees 15 minutes
04 seconds E parallel to and 270.00 feet west of the west R.O.W.
line of said First Street a distance of 161.41 feet to the Point
of Beginning; thence continuing N 00 degrees 15 minutes 04 sec-
onds E a distance of 14.1.10 feet to a point on the north line of
the SW1 /4 SW1 /4 of said Section 7, Township 18 North, Range 12
East; thence N 89 degrees 49 minutes 26 seconds E along said
north line a distance of 270.01 feet to a point on the west
R.O.W. line of said First Street; thence S 00 degrees 15 minutes
04 seconds W. along said west R.O.W.. line a distance of 142.51
feet to a point 161.41 feet north of the north R.O.W. line of
said Colfax Street; thence N 89 degrees 52 minutes 40 seconds W
parallel to and 161.41 feet north of said north R.O.W. line a
distance of 270.00 feet to the point of beginning; and containing
0.88 acres, more or less, should be sold and conveyed by the City
of Blair, Nebraska, to Robert L. Hollingshead.
•
SECTION 2. That the consideration to be paid by Robert
L. Hollingshead for such real estate is the sum of $4,000.00
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.
PASSED 'AND' APPROVED THIS 14TH day of A. ' 1, 1992.
ATTEST :
AI,I,CE, 1 . ' DIEDRICHSEN, CITY CLERK
(.SEAL} '
JER•u' 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 14TH day of April, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
Hollingshead,
AGREEMENT FOR THE SALE OF REAL ESTATE
This agreement made this 14T11
day of
hereinafter referred to as "Buyer."
APRIL
1992, by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Seller ", and Robert L.
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:
Part of Tax Lot 226 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: From the intersection of the
north right of way line of Colfax Street and the west
right of way line of First Street; thence N 89 degrees
52 minutes 40 seconds W along the North R.O.W. line of
said Colfax Street a distance of 270.00 feet; thence N
00 degrees 15 minutes 04 seconds E parallel to and
270.00 feet west of the west R.O.W. line of said First
Street a distance of 161.41 feet to the Point of Begin-
ning; thence continuing N 00 degrees 15 minutes 04
seconds E a distance of 141.10 feet to a point on the
north line of the SW1 /4 SW1 /4 of said Section 7, Town-
ship 18 North, Range 1.2 East; thence N 89 degrees 49
minutes 26 seconds E along said north line a distance of
270.01 feet to a point on the west R.O.W. line of said
First Street; thence S 00 degrees 15 minutes 04 seconds
W along said west R.O.W. line a distance-of 142.51 feet
to a point 161.41 feet north of the north R.O.W. line of
said Colfax Street; thence N 89 degrees 52 minutes 40
seconds W parallel to and 161.41 feet north of said
north R.O.W. line a distance of 270.00 feet to the point
of beginning; and containing 0.88 acres, more or less,
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
$4,000.00 which said sum shall be paid in full upon closing and
upon the passage of an ordinance authorizing the sale and the
required publication of the notice of the sale as provided by
law.
Closing of the transaction shall be on or before
MAY22 1992.
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 1991 and all prior real estate
taxes to be paid in full and the prorata share of the 1992 real
estate taxes prorated to the date of possession. The Buyer shall
cause the remaining prorata share of the 1992 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 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.
This agreement executed the date first aforesaid shall
be binding upon the assigns and successors of all parties hereto.
ATTEST:
5 1.6,1,, a
ALICE I. DIEBRICHSEN, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this .... day of ii , 1992, 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 Robert L. Hollingshead, 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 ear last
above written.
MY COMMISSION EXPIRES:
CITY OF BLAIR, NEBRASKA
f1 .
NOTARY P BLIC
ORDINANCE NO. 1996
AN ORDINANCE AMENDING SECTION 804.04 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, TO ALLOW MINI STORAGE UNITS IN THE
CL - 'LIMITED COMMERCIAL DISTRICT AS A CONDITIONAL USE, AND AMEND-
ING SECTION 801.02 OF THE ZONING REGULATIONS TO ALLOW MINI STOR-
AGE UNITS IN THE CH - HIGHWAY COMMERCIAL DISTRICT AS A PRINCIPAL
PERMITTED USE, AND CREATING SECTION 303.01.(108A) OF THE ZONING
REGULATIONS CREATING A DEFINITION OF MINI STORAGE UNITS, 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 804.04 of the zoning regula-
tions 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.
(9) Mini storage units.
SECTION 2. That Section 801.02 of the zoning regula-
tions of the City of Blair is hereby amended to read as follows:
801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
(1) Establishments which provide services or supply commodities
primarily for the convenience of patrons traveling on state
highways and major county road entrances to the community includ-
ing:
Auditorium, exhibition hall, club
Athletic complexes and health centers
Bars, cocktail lounges or nightclubs
Bowling alley
Bus depots and transit stations
Business and professional offices and buildings
Car wash
Dry cleaning and laundry
Farm implement and farm machinery fabrication, sales and service
Farm equipment and supplies, sales and service
Furniture stores
Garden and lawn supplies stores, nurseries and greenhouses
Hotels and motels
Ice cream and confectionery stores
Lumber and building materials
Mini storage units
Mobile home sales
Public utility structures, services and facilities
Repair garages
Restaurants, including drive -in restaurants
Service stations (gasoline) including dispension of diesel fuel
and complete truck service
Soda f o u n t a i n s
Recreational vehicle sales and services and rentals
Car sales, both new and used with full service and repairs
Athletic complexes and health centers
(2) Signs subject to SECTION 1114 of this Ordinance.
(3) Road side rest areas.
SECTION 3. That Section 303.01 (108A) of the zoning
regulations of the City of Blair is hereby created to read as
follows:
303.01 DEFINITIONS
(108A) STORAGE UNITS, MINI. Storage units primarily for the
storage and housing of personal property including but not limit-
ed to household goods, boats, motor vehicles, with each unit
generally not exceeding two hundred (200) square feet.
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' llth day of May , 1992.
pt✓ _ :D t . �. _4 A .? �vt_
ALICE 'I. DIEDRICHSEN, CITY CLERK
(SEAL)
JET fME `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
passed and approved at a regular meeting of the Mayor and City
Council of said City held on the 13th day of May ., 1992.
it;Le_ QL-P .t
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. "97
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS PART OF Tax Lot 226 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:
From the Northeast corner of the SW1 /4 SW1 /4 of said Section 7,
Township 18 North, Range 12 East; thence S 00 degrees 15 minutes
04 seconds W (assumed bearing) along the East line of said SW1 /4
SW1 /4 a distance of 354.08 feet to the intersection of said East
line with the Easterly projection of the South right -of -way line
of Colfax Street; thence N 89 degrees 52 minutes 40 seconds W
along said South R.O.W. line a distance of 300.00 feet to the
Northwest corner of Tax Lot 210 in said section, said point being
the point of beginning; thence S 00 degrees 15 minutes 04 seconds
W along the West line said Tax Lot 210 and Tax Lot 221 in said
section and its Southerly projection a distance of 403.95 feet t
a point on the South line of Tax Lot 226 in said section; thence
N 90 degrees 00 minutes W along said South line a distance of
379.55 feet; thence N 00 degrees 14 minutes 45 seconds E a dis-
tance of 404.76 feet to a point on the Southerly R.O.W. line of
Colfax Street; thence S 89 degrees 52 minutes 40 seconds E a
distance of 379.99 feet to the point of beginning; and containing
3.53 acres, more or less, 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 the real estate described as part of
Tax Lot 226 lying in the SW1 /4 SW1 /4 of Section 7, Township 18
North, Range 12 East of the 6th P.M., Washington County, Nebras-
ka, and more particularly described as follows: From the North-
east
corner of the SW1 /4 SW1 /4 of said Section 7, Township 18
North, Range 12 East; thence S 00 degrees 15 minutes 04 seconds W
(assumed bearing) along the East line of said SW1 /4 SW1 /4 a
distance of 354.08 feet to the intersection of said East line
with the Easterly projection of the South right -of -way line of
Colfax Street; thence N 89 degrees 52 minutes 40 seconds W along
said South R.O.W. line a distance of 300.00 feet to the Northwest
corner of Tax Lot 210 in said section, said point being the point
of beginning; thence S 00 degrees 15 minutes 04 seconds W along
the West line said Tax Lot 210 and Tax Lot 221 in said section
and its Southerly projection a distance of 403.95 feet to a point
on the South line of Tax Lot 226 in said section; thence N 90
degrees 00 minutes W along said South line a distance of 379.95
feet; thence N 00 degrees 14 minutes 45 seconds E a distance of
404.76 feet to a point on the Southerly R.O.W. line of Colfax
Street; thence S 89 degrees 52 minutes 40 seconds E a distance of
379.99 feet to the point of beginning; and containing 3.53 acres,
should be sold and conveyed by the City of Blair, Nebraska, to
Stephen A. Hollis and Susan M. Hollis.
SECTION 2. That the consideration to be paid by Stephen
A. Hollis and Susan M. Hollis for such real estate is the sum of
$7,060.00 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.
ATTEST:
(SEAL)
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 THI
ALICE I. DIEDRICHSEN, CITY CLERK
JE E JENNY, MA
day of May, 1992.
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 May, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
NEBRASKA:
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1598
AN ORDINANCE CREATING PAVING DISTRICT NO. 1 47 IN THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID
PAVING DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN,
AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN
PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
Section 1. That Paving District No. 147 be and the same is
hereby created within the City of Blair, Nebraska, said paving
district to include the Arbor Heights Subdivision (including Lots
One (1) through Twenty -four (24) of said subdivision and all
dedicated streets and street right -of -way therein), said
subdivision being a platting of part of Tax Lot 35 in Section 2,
T18N, R11, part of Tax Lot 283 in Section 11, T18N, R11, and part
of the west 33.00 feet of the NE1 /4 of the NE1 /4 of said
Section 11, all east of the 6th P.M., Washington County, Nebraska,
and the outer boundaries of which Paving District shall be as
follows:
Beginning at the SE corner of the SW1 /4 of the SE1 /4 of
said Section 2; thence north (assumed bearing) 475.30 feet
on the east line of said SW1 /4 and on the east line of said
Tax Lot 35; thence west 115.00 feet; thence south 25.00
feet; thence west 528.44 feet to the west line of said Tax
Lot 35; thence S14 °20'16 "W 201.39 feet on the west line
of said Tax Lot 35; thence 500°31'18 "W 394.58 feet on
the west lines of said Tax Lots 35 and 283 to the southerly
line of said Tax Lot 283; thence S58°28'41 "E 776.58 feet
on the southerly line of said Tax Lot 283; thence
N00 °12'03 "E 262.03 feet on a line 33.00 feet west of and
parallel with the east line of the NW1 /4 of said NE1 /4 to a
point of curve; thence northeasterly on a 233.00 foot
radius curve to the right; chord bearing N22°18'31 "E,
chord distance 175.37 feet, an arc distance of 179.80 feet;
thence N00°12'03 "E 27.84 feet on a line 33.00 feet east
of and parallel with the west line of the NE1 /4 of said
NE1 /4; thence N47°00'00 "W 19.53 feet to a point of
curve; thence northwesterly on a 261.56 foot radius curve
to the left, chord bearing N49°40'31 "W, chord distance
24.42 feet, an arc distance of 24.43 feet to the east line
of the NW1 /4 of said NE 1/4; thence NO0 °12'03 "E 64.17
feet on the east line of the NW1 /4 of said NE1 /4 and on the
east line of said Tax Lot 283 to the point of beginning.
Within said District, the streets to be improved are:
Arbor Circle from the northwest line of 19th Street west to
and including the terminus in the cul -de -sac; 20th Avenue
Circle from the north line of Arbor Circle to the north
line extended of Lot 24, Arbor Heights Subdivision; and
Northridge Circle from the west line of 20th Avenue Circle
west to and including the terminus in the cul -de -sac.
Section 2. The improvements to be constructed in Paving
District No. 147 shall include grading, paving, curbing,
guttering, storm sewer improvements, sidewalks and other necessary
or incidental appurtenances to the improvements.
Section 3. All of said improvements shall be constructed
to the established grades as fixed by ordinance of said City and
shall be constructed in accordance with plans and specifications
to be made by Blair Engineering and Surveying Company, Inc.
employed by the City, to be approved by the City Council. Said
improvements in Paving District No. 147shall be made at public
cost, and the cost of such improvements, excepting street
intersections, shall be assessed against the property within said
District specially benefited thereby, in proportion to such
benefits.
Section 4. That this ordinance shall be known as Ordinance
No. 1598 and shall be in effect from and after its passage,
approval and publication according to law.
Passed and approved this 26 day of May
1992.
ATTEST:
Clerk
NOTICE OF CREATION
Notice is hereby given that the Mayor and Council of the
City of Blair, Nebraska, have by Ordinance No. 1598 created the
following Paving District, having outer boundaries and including
street improvements as shown below:
PAVING DISTRICT NO. 147
Paving District 147 shall include the Arbor Heights Subdivision
(including Lots One (1) through Twenty -four (24) of said
subdivision and all dedicated streets and street right -of -way
therein), said subdivision being a platting of part of Tax Lot 35
in Section 2, T18N, R11, part of Tax Lot 283 in Section 11, T18N,
Ril, and part of the west 33.00 feet of the NE1 /4 of the NE1 /4 of
said Section 11, all east of the 6th P.M., Washington County,
Nebraska, and the outer boundaries of which Paving District shall
be as follows:
Beginning at the SE corner of the SW1 /4 of the SE1 /4 of
said Section 2; thence north (assumed bearing) 475.30 feet
on the east line of said SW1 /4 and on the east line of said
Tax Lot 35; thence west 115.00 feet; thence south 25.00
feet; thence west 528.44 feet to the west line of said Tax
Lot 35; thence S14 °20'16 "W 201.39 feet on the west line
of said Tax Lot 35; thence S00 °31'18 "W 394.58 feet on
the west lines of said Tax Lots 35 and 283 to the southerly
line of said Tax Lot 283; thence S58 °28'41 "E 776.58 feet
on the southerly line of said Tax Lot 283; thence
N00 °12'03 "E 262.03 feet on a line 33.00 feet west of and
parallel with the east line of the NW1 /4 of said NE1 /4 to a
point of curve; thence northeasterly on a 233.00 foot
radius curve to the right; chord bearing N22 °18'31 "E,
chord distance 175.37 feet, an arc distance of 179.80 feet;
thence N00 °12'.03 "E 27.84 feet on a line 33.00 feet east
of and parallel with the west line of the NE1 /4 of said
NE1 /4; thence N47 °00'00 "W 19.53 feet to a point of
curve; thence northwesterly on a 261.56 foot radius curve
to the left, chord bearing N49 0 40 1 31 "W, chord distance
24.42 feet, an arc distance of 24.43 feet to the east line
of the NW1 /4 of said NE 1/4; thence N00 °12'03 "E 64.17
feet on the east line of the NW1 /4 of said NE1 /4 and on the
east line of said Tax Lot 283 to the point of beginning.
Within said District, the streets to be improved are:
Arbor Circle from the northwest line of 19th Street west to
and including the terminus in the cul -de -sac; 20th Avenue
Circle from the north line of Arbor Circle to the north
line extended of Lot 24, Arbor Heights Subdivision; and
Northridge Circle from the west line of 20th Avenue Circle
west to and including the terminus in the cul -de -sac.
The improvements to be constructed in Paving District
No. 147 shall include grading, paving, curbing, guttering, storm
sewer improvements, sidewalks and other necessary or incidental
appurtenances to the improvements.
The cost of such improvements, excepting street
intersections, shall be assessed against the property within
Paving District No. 147 specially benefited thereby, in proportion
to such benefits.
If the owners of the record title representing more than
fifty percent (50 %) of the front footage of the property abutting
or adjoining any of the street or streets to be improved in said
District and who were such owners at the time the ordinance
creating said District was published, shall file with the Clerk,
within twenty days from the first publication of this notice,
written objections to the improvements in said District, said work
shall not be done in said District under said ordinance, and the
the ordinance creating said District shall be repealed. If
objections are not filed in the time or manner aforesaid with
respect to said District, the Mayor and Council will forthwith
proceed to construct such street improvements in said District as
provided in said Ordinance.
1„tal„-
Deputy C ity Clerk
P Y Y
(PUBLISH ONE TIME EACH WEEK - THREE CONSECUTIVE WEEKLY
PUBLICATIONS)
Hearing on Objections should be a full 20 days after first
publication of Notice, not including date of first publication or
date of hearing.
Peggy J. Frahm
certify that on May 28, 1992
CERTIFICATE OF MAILING
, the duly qualified acting
and appointed City Clerk of the City of Blair, Nebraska, do hereby
, 1992, I mailed by
certified United States Mail with return receipt requested, a copy
of the Notice of Creation of Paving District No. 147 in the City
of Blair, Nebraska, first published in the Pilot Tribune
on June 2,
, 1992, to the owners at the addresses shown on
the attached list, which list includes all of the record owners of
property within the Districts mentioned in said Notice and their
addresses as shown on the tax rolls of this County at the time
said Notice was first published, whose residence and mailing
address on such tax rolls is outside the boundaries of this County.
DATED this 28 day of May , 1992.
(SEAL)
QIU j d
Deputy C Jerk
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, and 3 in Hill View Estates, a
subdivision, Washington County, Nebraska, from AGG - General
Agriculture 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 thi _. day of J. ne, 1992.
ORDINANCE NO. 199
AN ORDINANCE REZONING LOTS 1, 2, AND 3 IN HILL VIEW ESTATES, A
SUBDIVISION, WASHINGTON COUNTY, NEBRASKA, FROM AGG - GENERAL
AGRICULTURE DISTRICT TO RRE - RURAL RESIDENTIAL ESTATE DIS-
TRICT, 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.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
ME JENNY, M
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 9t.h day of June, 1992.
22,12
ALICE 1. DIEDRICHSEN, CITY CLERK
AN ORDINANCE AMENDING SECTION 1102 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, SAID AMENDMENT GENERALLY ALLOWING
SOLID FENCES NOT MORE THAN SIX FEET ABOVE THE GROUND ON THE REAR
LOT LINE AND PARTITION FENCES ON THE LOT LINE BETWEEN TWO LOTS NO
CLOSER THAN THE FRONT OF ANY RESIDENTIAL STRUCTURE. OR THE SET
BACK LINE, WHICHEVER IS GREATER FROM THE LOT LINE, 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.
of the City of Blair
SECTION 1102 FENCES,
ORDINANCE NO. 1600
That Section 1102 of the zoning regulations
is hereby amended to read as follows:
WALL AND HEDGES
In the Residential Districts no fence which is more than six feet
above the ground may be constructed on any lot line provided no
fence more than three and one -half feet above the ground may be
constructed on the front lot line or any side lot line between
the front lot line and the front set back line or the front of
any residential structure, whichever distance is greater. On the
lot line of the street side of any corner lot in any residential
district, no fence or other structure shall be erected to a
height of more than three feet above the established curb grade
at the corner of the lot which is bounded by the right of way of
the streets which intersect and the line connecting the points on
each street line twenty feet from their point of intersection,
and such line shall also be extended to include the right of way
area between the lot line and the street; and no foliage or other
shrubbery shall be planted or maintained in such area which will
obstruct the view of drivers of vehicles approaching the street
intersection. A1.1 fences or parts thereof which are solid shall
be constructed so that all posts, braces, stringers, and all
other structural members face to the interior of the lot or
parcel being fenced.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall be in full force and
effect from and after its passage and approval as provided by
law.
Passed and approved this 9th day of June, 1992.
JEA'`t�ME "JENNY, MAY
ATTEST:
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 9th day of June, 1992.
( � —e/
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1601
AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 23 OF
THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER
BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION
AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT;
AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF
THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY
CLERK.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal water system beyond the existing
system by the construction of water mains pursuant to the
authority granted by Section 19 -2402, R.R.S. Neb. 1943; that said
water main extension shall commence at the existing water main as
described in Section 3 hereof; that none of the properties located
within the Water Extension District hereby created are presently
served by the City's existing system of water service; and that
all property within said District is either within the corporate
limits of the City of Blair or within one mile beyond such
corporate limits.
Section 2. There is hereby created Water Extension
District No. 23 , said water extension district to include the
Arbor Heights Subdivision (including Lots One (1) through
Twenty -four (24) of said subdivision and all dedicated streets and
street right -of -way therein), said subdivision being a platting of
part of Tax Lot 35 in Section 2, T18N, R11, part of Tax Lot 283 in
Section 11, T18N, Ril, and part of the west 33.00 feet of the
NE1 /4 of the NE1 /4 of said Section 11, all east of the 6th P.M.,
Washington County, Nebraska, and the outer boundaries of which
Water Extension District shall be as follows:
Beginning at the SE corner of the SW1 /4 of the SE1 /4 of
said Section 2; thence north (assumed bearing) 475.30 feet
on the east line of said SW1 /4 and on the east line of said
Tax Lot 35; thence west 115.00 feet; thence south 25.00
feet; thence west 528.44 feet to the west line of said Tax
Lot 35; thence S14 °20'16 "W 201.39 feet on the west line
of said Tax Lot 35; thence S00 0 31'18 "W 394.58 feet on
the west lines of said Tax Lots 35 and 283 to the southerly
line of said Tax Lot 283; thence S58 °28'41 "E 776.58 feet
on the southerly -line of said Tax Lot 283; thence
N00 °12'03 "E 262.03 feet on a line 33.00 feet west of and
parallel with the east line of the NW1 /4 of said NE1 /4 to a
point of curve; thence northeasterly on a 233.00 foot
radius curve to the right; chord bearing N22 °18'31 "E,
chord distance 175.37 feet, an arc distance of 179.80 feet;
thence N00 °12'03 "E 27.84 feet on a line 33.00 feet east
of and parallel with the west line of the NE1 /4 of said
NE1 /4; thence N47 °00'00 "W 19.53 to a point of
curve; thence northwesterly on a 261.56 foot radius curve
to the left, chord bearing N49 0 40'31 "W, chord distance
24.42 feet, an arc distance of 24.43 feet to the east line
of the NW1 /4 of said NE 1/4; thence N00 °12'03 "E 64.17
feet on the east line of the NW1 /4 of said NE1 /4 and on the .
east line of said Tax Lot 283 to the point of beginning.
Section 3. The size, location and terminal points of the
proposed improvements for Water Extension District No. 23 are
described as follows:
From the 6" water main north of Highway No. 75; thence
northerly across said Highway 75 right -of -way on a
projection of the lot line common to Lots 3 and 4 in
Arbor Heights Addition to the City of Blair, and along
the lot line common to said Lots 3 and 4 to the
right -of -way of Arbor Circle; thence easterly in the
right -of -way of Arbor Circle and Lot 9 in Arbor Heights
Addition to the easterly boundary line of Arbor Heights
Addition.
From the center line of Arbor Circle; thence northerly
in the right -of -way of 20th Avenue Circle to the
northerly boundary line of Arbor Heights Addition.
From the center line of 20th Avenue Circle; thence
westerly in the right -of -way of Northridge Circle to
the west end of the Northridge Circle right -of -way.
The proposed improvements to be constructed consist of
approximately 3346 feet of watermain and
related appurtenances. The watermain consists of
polyvinyl chloride (PVC) of 6 inch diameter with
related fittings, fire hydrants, service connections
and other related appurtenances as indicated on the
drawings.
A more detailed description of the proposed
improvements is available by examining the plans and
specifications on file at the office of the City Clerk,
City Hall, City of Blair, 218 So. 16th Street, Blair,
Nebraska 68808. In addition, the ontract documents
may be examined at the office c Of B air Engineering
Surveying Company incorporated, 1 570 Washington street,
R1air, NR AMOR Said plans and specifications are
hereby incorporated by reference as if set forth
herein. Reference should be made to said plans and
. specifications for the specific sizing of pipes and
mains as shown above.
Section 4. Reference is hereby made to the plans and
specifications for said water main extension, which have been
prepared by Blair Engineering , special engineers for the City,
and which, together with said engineers' estimate of the total
cost for the proposed water main extension, have heretofore been
filed with the City Clerk.
Section 5. The engineers' estimate of total construction
cost for the proposed water main improvements in Water Extension
District No. 23 is $45,665.
Section 6. This ordinance shall be in force and effect
from and after its passage, approval and publication as provided
by law.
1992.
ATTEST:
PASSED AND APPROVED this 9+-h day of June
Alice I. Diedrichsen, City Clerk'
(SEAL)
STATE OF NEBRASKA
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 9th day of June, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1602
AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT
NO. 46 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE
OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE,
LOCATION AND TERMINAL POINTS OF THE SANITARY SEWER LINES
FOR SAID DISTRICT; AND REFERRING TO PLANS AND
SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION
THEREWITH ON FILE WITH THE CITY CLERK.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal sanitary sewer system beyond the
existing system by the construction of sanitary sewer mains
pursuant to the authority granted by Section 19 -2402, R.R.S. Neb.
1943; that said sanitary sewer extension shall commence at the
existing sanitary sewer manhole as described in Section 3 hereof;
that none of the properties located within the Sanitary Sewer
Extension District hereby created are presently served by the
City's existing system of sanitary sewer service; and that all
property within said District is either within the corporate
limits of the City of Blair or within one mile beyond such
corporate limits.
Section 2. There is hereby created Sanitary Sewer
Extension District No. 46 , said sanitary sewer extension
district to include the Arbor Heights Subdivision,
(including Lots One (1) through Twenty -four (24) of said
subdivision and all dedicated streets and street right -of -way
therein), said subdivision being a platting of part of Tax Lot 35
in Section 2, T18N, Ril, part of Tax Lot 283 in Section 11, T18N,
Ril, and part of the west 33.00 feet of the NE1 /4 of the NE1 /4 of
said Section 11, all east of the 6th P.M., Washington County,
Nebraska, and the outer boundaries of which Sanitary Sewer
Extension District shall be as follows:
Beginning at the SE corner of the SW1 /4 of the SE1 /4 of
said Section 2; thence north (assumed bearing) 475.30 feet
on the east line of said SW1 /4 and on the east line of said
Tax Lot 35; thence west 115.00 feet; thence south 25.00
feet; thence west 528.44 feet to the west line of said Tax
Lot 35; thence S14 °20'16 "W 201.39 feet on the west line
of said Tax Lot 35; thence S00 °31'18 "W 394.58 feet on
the west lines of said Tax Lots 35 and 283 to the southerly
line of said Tax Lot 283; thence S58 0 28'41 "E 776.58
feet on the southerly line of said Tax Lot 283; thence
N00 0 12'03 "E 262.03 feet on a line 33.00 feet west of
and parallel with the east line of the NW1 /4 of said NE1 /4
to a point of curve; thence northeasterly on a 233.00 foot
radius curve to the right; chord bearing N22 0 18'31 "E,
chord distance 175.37 feet, an arc distance of 179.80 feet;
thence N00 °12'03 "E 27.84 feet on a line 33.00 feet east
of and parallel with the west line of the NE1 /4 of said
NE1 /4; thence N47 °00'00 "W 19.53 feet to a point of
curve; thence northwesterly on a 261.56 foot radius curve
to the left, chord bearing N49 0 40'31 "W, chord distance
24.42 feet, an arc distance of 24.43 feet to the east line
of the NW1 /4 of said NE 1/4; thence N00 0 12'03 "E 64.17
feet on the east line of the NW1 /4 of said NE1 /4 and on the
east line of said Tax Lot 283 to the point of beginning.
Section 3. The size, location and terminal points of the
proposed improvements for Sanitary Sewer Extension District
No. 46 are described as follows:
From the existing 12" north outfall sanitary sewer
approximately 660 feet east of the east boundary of
Arbor Heights Addition to the City of Blair; thence
westerly in the existing and abandoned right -of -way of
Adams Street, Lot 9 in Arbor Heights Addition and the
right -of -way of Arbor Circle to the west end of said
Arbor Circle right -of -way.
From the center line of Arbor Circle; thence northerly
in the right -of -way of 20th Avenue Circle to the
northerly boundary of Arbor Heights Addition.
From the center line of 20th Avenue Circle; thence
westerly in the right -of -way of Northridge Circle to
the west end of said Northridge Circle right -of -way.
The proposed improvements to be constructed consist of
approximately :2046 lineal feet of sewer line and
related appurtenances. The sewer line consists of
polyvinyl chloride (PVC), of 8 inch diameter with
related fittings, manholes, service connections and
other related appurtenances as indicated on the
drawings.
A more detailed description of the proposed
improvements is available by examining the plans and
specifications on file at the office of the City Clerk,
City Hall, City of Blair, 218 So. 16th Street, Blair,
Nebraska 68808. In addition, the contract documents
may be examined at the office of Blair Engineering
Surveying Company Incorporated, 1570 Washington Street
Blair, NE 68008 . Said plans and specifications are
hereby incorporated by reference as if set forth
herein. Reference should be made to said plans and
specifications for the specific sizing of pipes and
mains as shown above.
Section 4. Reference is hereby made to the plans and
specifications for said sanitary sewer extension, which have been
prepared by Blair Engineering , special engineers for the City,
and which, together with said engineers' estimate of the total
cost for the proposed sanitary sewer extension, have heretofore
been filed with the City Clerk.
Section 5. The engineers' estimate of total construction
cost for the proposed sanitary sewer improvements in Sanitary
Sewer Extension District No. 46 is $39,216.
Section 6. This ordinance shall be in force and effect
from and after its passage, approval and publication as provided
by law.
1992.
ATTEST:
Alice I. Diedrichser', City Clerk
(SEAL)
PASSED AND APPROVED this 9th day of June
STATE OF NEBRASKA
WASHINGTON COUNTY
ome Jenny, ayor
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 9th day of June, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1603
AN ORDINANCE CREATING PAVING DISTRICT NO. 148 OF THE CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID PAVING DIS-
TRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING
THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS
TO THE PROPERTY IN SAID 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 Paving District No. 148 be and the same is
hereby created within the City of Blair, Nebraska, said paving
district to include in Colfax Street, from the end of the
existing concrete pavement 270.00 feet West of the Westerly right
of way of First Street to a point 650.00 feet West of the Wester-
ly right of way of First Street, and the outer boundaries of
which Paving District shall be as follows:
Tract No. 2 and the West 380.0 feet of Tract No. 5 in
Tax Lot 226, Section 7, Township 18 North, Range 12 East
of the 6th P.M., Washington County, Nebraska, as shown
on a survey by Richard L. Hansen (LS -382) and dated
January 31,• 1992.
Within said District, the streets to be improved are:
From the end of the existing concrete pavement 270.00
feet West of the Westerly right of way of First Street
to a point 650.00 feet West of the Westerly right of way
of First Street.
SECTION 2. The improvements to be constructed in Paving
District No. 148 shall include grading, paving, curbing, gutter-
ing, storm sewer improvements, sidewalks, and other necessary or
incidental appurtenances to the improvements.
SECTION 3. All of said improvements shall be constructed to
the established grades as fixed by ordinance of said City and
shall be constructed in according with plans and specifications
to be made by Blair Engineering and Surveying Company, Inc.,
employed by the City, to be approved by the City Council. Said
improvements in Paving District No. 148 shall be made at public
cost, and the cost of such improvements, excepting street inter-
sections, shall be assessed against the property within said
District specially benefited thereby in proportion to such bene-
fits.
SECTION 4. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 5. That this ordinance shall be in effect from and
after its passage, approval, and publication accordingly to law.
ATTEST:
PASSED AND APPROVED this
(ilf
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
9th day of June, 1992.
ME JENNY, MAY
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 9th day of June, 1992.
0,e,C6L, J
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1604
AN ORDINANCE CREATING WATER DISTRICT NO. 24 OF THE CITY OF BLAIR,
NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT;
DESIGNATING THE SIZE, LOCATION, AND TERMINAL POINTS OF THE WATER
LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICA-
TIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON
FILE WITH THE CITY CLERK, 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. The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal water system beyond the exist-
ing system by the construction of water mains pursuant to the
authority granted by Section 19 -2402 R.R.S. Neb. 1943 et seq.
That said water main extension shall commence at the existing
water main as described in Section 3 hereof; that none of the
properties located within the Water Extension District hereby
created are presently served by the City's existing system of
water service; and that all property within said District is
within one mile beyond the corporate limits of the City of Blair.
SECTION 2. There is hereby created Water Extension District
No. 24, said water extension district to include from the exist-
ing 10" water main in First Street, West to a point 650.00 feet
West of the Westerly right of way of First Street, and the outer
boundaries of which Water Extension District shall be as follows:
Tract No. 2 and the West 380.0 feet of Tract No. 5 in
Tax Lot 226, Section 7, Township 18 North, Range 12 East
of the 6th P.M., Washington County, Nebraska, as shown
on a survey by Richard L. Hansen (LS -382) and dated
January 31, 1992.
SECTION 3. The size, location, and terminal points of the
proposed improvements for Water Extension District No. 24 are de-
scribed as follows:
Tract No. 2 and the West 380.0 feet of Tract No. 5 in
Tax Lot 226, Section 7, Township 18 North, Range 12 East
of the 6th P.M., Washington County, Nebraska, as shown
on a survey by Richard L. Hansen (LS -382) and dated
January 31, 1992.
The proposed improvements to be constructed consist of
approximately 571 lineal feet of watermain
and related appurtenances. The watermain consists of
polyvinyl chloride (PVC) of 6 inch diameter with related
fittings, fire hydrants, service connections, and other
related appurtenances as indicated on the drawings.
A more detailed description of the proposed improvements
is available by examining the plans and specifications
on file at the office of the City Clerk, City Hall, City
ATTEST:
(SEAL)
of Blair, 218 South 16th Street, Blair, Nebraska 68008.
In addition, the contract documents may be examined at
the office of the Director of Public Works, City Hall,
City of Blair, 218 South 16th Street, Blair, Nebraska
68008. Said plans and specifications are hereby incor-
porated by reference as if set forth herein. Reference
should be made to said plans and specifications for the
specific sizing of pipes and mains as shown above.
SECTION 4. Reference is hereby made to the plans and speci-
fications for said water main extension which have been prepared
by Blair Engineering and Surveying Co., Inc., special engineers
for the City, and which, together with said engineers' estimate
of the total cost for the proposed water main extension, have
heretofore been filed with the City Clerk.
SECTION 5. The engineers' estimate of total construction
cost for the proposed water main improvements in Water Extension
District No. 24 is $ 7197.00
SECTION 6. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 7. That this ordinance shall be in effect from and
after its passage, approval, and publication according to law.
PASSED AND APPROVED this 9th day of Junes, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
JER'O,4 E JENNY, MAY
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 9th day of June, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS FROM THE INTERSECTION OF THE WEST RIGHT -OF - WAY OF PIRST STREET
AND THE NORTH RIGHT -OF - WAY OF COLFAX STREET, AND ASSUMING THE
NORTH RIGHT -OF -WAY OF COLFAX STREET TO BEAR N89 DEGREES 52
MINUTES 40 SECONDS WEST; THENCE N89 DEGREES 52 MINUTES 40 SEC-
ONDS WEST A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N89 DEGREES 52 MINUTES 40 SECONDS WEST A DIS-
TANCE OF 190.00 FEET; THENCE N00 DEGREES 14 MINUTES 45 SECONDS
EAST A DISTANCE OF 300.54 FEET TO A POINT ON THE NORTH LINE OF
THE SW1 /4 SW 1/4 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST;
THENCE N89 DEGREES 49 MINUTES 26 SECONDS EAST ALONG SAID NORTH
LINE A DISTANCE OF 190.02 FEET; THENCE S00 DEGREE 14 MINUTES 55
SECONDS WEST A DISTANCE OF 301.53 FEET TO THE POINT OF BEGINNING,
LYING IN THE SW1 /4 SW1 /4 OP SECTION 7, TOWNSHIP 18 NORTH, RANGE
12 EAST OF THE 6TH P.M., WASHINGTON COUNTY NEBRASKA AND CONTAIN-
ING 1.31 ACRES MORE OR LESS, PROVIDING FOR THE TERMS AND CONDI-
TIONS OF SAID SALE, REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES 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 from the
intersection of the West right -of -way of First Street and the
North right -of -way of Colfax Street, and assuming the North
right -of -way of Colfax Street to bear N89 degrees 52 minutes 40
seconds West; thence N89 degrees 52 minutes 40 seconds West a
distance of 460.00 feet to the point of beginning; thence con-
tinuing N89 degree 52 minutes 40 seconds West a distance of
190.00 feet; thence N00 degrees 14 minutes 45 seconds East a
distance of 300.54 feet to a point on the North line of the SW
1/4 SW1 /4 of Section 7, Township 18 N, Range 12 E; thence N89
degrees 49 minutes 26 seconds East along said North line a dis-
tance of 190.02 feet; thence S00 degrees 14 minutes 55 seconds
West a distance of 301.53 feet to the point of beginning, 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 contain 1.31
acres more or less, should be sold and conveyed by the City of
Blair, Nebraska, to Duane Moffatt and Barbara Moffatt.
SECTION 2. That the consideration to be paid by Duane
Moffatt and Barbara Moffatt for such real estate is the sum of
$2,620.00 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 23rd day of J e, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
Council of said City held on the
...sat.. -�
ME JENNY, OR
(SEAL)
S'T'ATE' 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
23xd day of June, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1606
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS FROM THE INTERSECTION OF THE WEST RIGHT -OF -WAY OF FIRST STREET
AND THE NORTH RIGHT -OF -WAY OF COLFAX STREET, AND ASSUMING THE
NORTH RIGHT -OF -WAY OF COLFAX STREET TO BEAR N89 DEGREES 52
MINUTES 40 SECONDS WEST; THENCE N89 DEGREES 42 MINUTES 40 SECONDS
WEST A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N89 DEGREES 52 MINUTES 40 SECONDS WEST A DISTANCE OF
190.00 FEET; THENCE N00 DEGREES 14 MINUTES 55 SECONDS EAST A DIS-
TANCE OF 301.53 FEET TO A POINT ON THE NORTH LINE OF THE SW1 /4
SW1 /4 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST; THENCE N89
DEGREES 49 MINUTES 26 seconds EAST ALONG SAID NORTH LINE A DIS-
TANCE OF 190.01 FEET; THENCE S00 DEGREES 15 MINUTES 04 SECONDS
WEST A DISTANCE OF 302.51 FEET TO THE POINT OF BEGINNING, 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 CONTAINING 1.32
ACRES MORE OR LESS, 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 from the
intersection of the West right -of -way of First Street and the
North right -of -way of Colfax Street, and assuming- the North
right -of -way of Colfax Street to bear N89 degrees 52 minutes 40
seconds West; thence N89 degrees 42 minutes 40 seconds West a
distance of 270.00 feet to the point of beginning; thence
continuing N89 degrees 52 minutes 40 seconds West a distance of
190.00 feet; Thence N00 degrees 14 minutes 55 seconds East a
distance of 301.53 feet to a point on the North line of the SW1 /4
SW1 /4 of Section 7, Township 18 North, Range 12 East; thence N
89 degrees 49 minutes 26 seconds East along said North line a
distance of 190.01 feet; thence SOO degrees 15 minutes 04 sec-
onds West a distance of 302.51 feet to the point of beginning,
lying in the SW 1/4 SW1 /4 of Section 7, Township 18 North, Range
12 East of the 6th P.M., Washington County Nebraska and contain-
ing 1.32 acres more or less, should be sold and conveyed by the
City of Blair, Nebraska, to Roger W. Steinbaugh.
SECTION 2. That the consideration to be paid by Roger
W. Steinbaugh for such real estate is the sum of $2,640.00
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 S. 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 . day of June, 1992.
ALICE I'. -DIEDRICHSEN, CITY CLERK
JE ME JENNY, M OR
(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 23rd day of June, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1607
AN ORDINANCE ESTABLISHING AND PROVIDING FOR THE TERMS AND CONDI-
TIONS OF "ADMINISTRATIVELY" GRANTING EASEMENTS OVER AND ACROSS
MUNICIPAL RIGHT OF WAY TO ALLOW ADJACENT PROPERTY OWNERS TO
COMPLY WITH THE AMERICANS WITH DISABILITIES ACT, PRESCRIBING THE
TERMS AND CONDITIONS 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, AS FOLLOWS:
SECTION 1. After administrative review and compliance
with the terms and conditions for granting easements as set forth
herein, the Mayor and City Clerk are hereby authorized to execute
easements on behalf of the City of Blair under the restrictions
herein.
SECTION 2. Any such easements to be approved hereunder
shall be necessitated by compliance with requirements of the
Americans With Disabilities Act and shall be granted only to
adjacent property owners.
SECTION 3. The encroachment upon municipal right of way
shall be as minimal as possible and shall not interfere or impede
the flow of traffic on any street or alley adjacent thereto nor
obstruct the visibility at intersections.
SECTION 4. The adjacent property owner shall submit to
the City plans and specifications including drawings to scale of
the specific improvement to be placed upon municipal right of way
and shall demonstrate the construction of same is required for
compliance with the Americans With Disabilities Act.
SECTION 5. The municipality shall not be affirmatively
required by this Ordinance to approve any such easement and the
application for an easement may be denied adminstratively. The
application shall thereafter be referred to the City Council for
consideration and action.
ATTEST:
SECTION 6. The easement granted by the municipality
under the provisions of this ordinance shall be substantially in
compliance with the format and terms and conditions of the ease-
ment as set forth hereto,'marked Exhibit "A," and by this refer-
ence made a part hereof as though fully set forth herein.
SECTION 7. All ordinances or parts of ordinances in
conflict 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.
PASSED AND APPROVED THIS 141111 day of Jul 1992.
JERO JENNY MAYO
0 ,6124_, 7,10p.,44,/e.A,„.._,Le
L);
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 14 TH day of July, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
BASEMENT
This Agreement made this
day of
199 , by and between the City of Blair, Nebraska, a Municipal
Corporation, hereinafter referred to as "Grantor ", and
, hereinafter referred to as "Grantee ".
In consideration of One Dollar and other mutual covenants
contained herein the Grantor does hereby grant to the Grantee
right of way easement on the following described real estate:
for the sole purpose of
which is
required by the Grantee to place the Grantee's premises in com-
pliance with the requirements of the Americans With Disabilities
Act.
No modifications of such shall
be made without specific authorization in writing from the Gran-
tor consenting to such modifications.
This easement shall continue until such time as the Grantor
desires to terminate same. Such termination may be with or
rl
without cause and shall be in the sole and absolute discretion of
the Grantor. The Grantor shall give notice in writing of such
termination not less than fifteen (15) days prior to such termi-
nation which such notice may be given to the Grantee by regular
United States mail, postage prepaid. In the event and at such
time of the termination of this easement, the Grantee shall
remove such at his /her
own expense. It is specifically understood and agreed that the
Grantor shall not be liable to the Grantee for any damages what-
soever upon termination of this easement.
The Grantee further hereby agrees to save harmless and
indemnify the Grantor from any and all claims, causes of action,
damages, injuries, or any other liabilities of any nature or kind
whatsoever, which may arise from any reason whatsoever as a
result of the construction, maintenance, and the placement of
such improvements on municipal right of way. Such indemnifica-
tion and save harmless shall apply not only to the Grantee but
shall apply as well to any claims, causes of action, damages,
injuries, or any other liabilities of any nature or kind sus-
tained by any third parties, persons, or any other entities which
such claims, or causes of action may be brought against the
municipality. Such indemnification save harmless shall apply not
only to such damages and injuries, but shall specifically include
but not be limited to attorney fees and reasonable cost of de-
fense of any such claims. Such indemnification and save harmless
shall further specifically include but not be limited to any
damages to municipal property including the right of way, grades,
drainage structures, ditches, roadways, or any other municipal
property as the result of the construction of said parking lot
and the Grantee shall further be liable to the municipality for
any attorney fees, expenses, or other expenses incurred in recov-
ery of such damages.
This easement may not be assigned by the Grantee and the
rights under this easement shall not run with the land but shall
terminate upon conveyance of the property adjacent to such right
of way which is owned by the Grantee.
STATE OF NEBRASKA
WASHINGTON COUNTY
STATE OF NEBRASKA
WASHINGTON COUNTY
)
)
CITY OF BLAIR, NEBRASKA
A MUNICIPAL CORPORATION
BY
Grantee JEROME JENNY, MAYOR
Before me, the undersigned, a Notary Public in and for said
county and states, personally came Jerome Jenny, Mayor of the
City of Blair, Nebraska, a Municipal Corporation, to me known to
be the identical person who signed the above and foregoing Ease-
ment as Grantor and acknowledged the execution thereof to be his
voluntary act and deed.
WITNESS my hand and seal this day of , 199
NOTARY PUBLIC
Before me, the undersigned, a Notary Public in and for said
county and states, personally came , t
me known to be the identical person who signed the above and
foregoing Easement as Grantee and acknowledged the execution
thereof of to be his /her voluntary act and deed.
WITNESS my hand and seal this day of , 199 .
NOTARY PUBLIC
BE IT ORDAINED BY THE,MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
COUNCILMAN MINES INTRODUCED
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1608
AN ORDINANCE CREATING PAVING DISTRICT NO. 149 IN THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID
PAVING DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN,
AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN
PROPORTION TO BENEFITS TO THE PROPERTY IN. SAID DISTRICT.
Section 1. That Paving District No. 149 be and the same is
hereby created within the City of Blair, Nebraska, said paving
district to include the Pinewood Estates Subdivision (including
Lots One (1) through Eleven (11), inclusive, and Outlot A of said
subdivision and all dedicated streets and street right -of -way
therein), said subdivision being a platting of part of Tax Lots 44
and 70 in Section 2, T18N, R11E, Outlot "B" in "66" Heights,
together with part of the NE1 /4 of the SE1 /4 of said Section 2,
all east of the 6th P.M. in Washington County, Nebraska, and the
outer boundaries of which Paving District shall be as follows:
Beginning at the NW corner of said NE1 /4; thence
S89 °29'12 "E (assumed bearing) 822.12 feet on the north
line of said NE1 /4 and said Tax Lot 44 to the northeast
corner of said Tax Lot 44; thence S39 °59'17 "E 775.90
feet on the northeast line of said Tax Lot 44 to the east
line of said NE1 /4 and said Tax Lot 44; thence
S00 0 07'58 "W 730.80 feet to the SE corner of said NE1 /4
and said Tax Lot 44; thence N89 °23'57 "W 328.05 feet on
a south line of said Tax Lot 44 to a west line of said Tax
Lot_ 44; thence N00 °06'16 "E 181.13 feet on a west line
of said Tax Lot 44; thence N89 °29'10 "W 591.35 feet on a
south line of said Tax Lot 44 to the east corner of said
Tax Lot 70; thence S18 °58'27 "E 23.44 feet to the
northeast corner of Lot 18, said "66" Heights; thence
S59 °21'52 "W 182.23 feet on the northwesterly line of
said "66" Heights to the northeasterly corner of said
Outlot "B "; thence S30 °38'08 "E 109.76 feet on the _
northeasterly line of said Outlot "B" to the southeasterly
corner of said Outlot "B "; thence S59 °21'52 "W 50.00
feet on the southeasterly line of said Outlot "B" to the
southwest corner of said Outlot "B "; thence N3.0 °38'08 "W
109.76 feet on the southwesterly line of said Outlot "B" to
the northwest corner of said Outlot "B" and on its
southeasterly extension; thence N64 °59 "W 229.29 feet
on the southwesterly line of said Tax Lot 70 to the
southwest corner of said Tax Lot 70 and the west line of
said NE1 /4; thence north 1186.33 feet on the west lines of
said Tax Lots 44 and 70 and the west line of said NE1 /4 to
the point of beginning.
Within said District, the street to be improved is:
Pinewood Drive from the existing asphalt paving in Ryan
Drive, northerly and northeasterly in the Right -of -Way of
Pinewood Drive to the end of the Right -of -Way.
Section 2. The improvements to be constructed in Paving
District No. 149 shall include grading, paving, curbing,
guttering, storm sewer improvements, sidewalks and other necessary
or incidental appurtenances to the improvements.
Section 3. All of said improvements shall be constructed
to the established grades as fixed by ordinance of said City and
shall be constructed in accordance with plans and specifications
to be made by Blair Engineering and Surveying Company, Inc.
employed by the City, to be approved by the City Council. Said
improvements in Paving District No. 149 shall be made at public
cost, and the cost of such improvements, excepting street
intersections, shall be assessed against the property within said
District specially benefited thereby, in proportion to such
benefits.
Section 4. That this ordinance shall be known as Ordinance
No. 1608 and shall be in effect from and after its passage,
approval and publication according to law.
1992.
ATTEST:
Passed and approved this 14'm day of JULY
Clerk
ALICE I. DIEDHICHSEN
_1,--3-1-)
Mayor
b EEROME JENNY
ORDINANCE NO. 1609
AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR
COMMENCING AUGUST 1, 1992, AND ENDING ON JULY 31, 1993, 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, 1992, a tax on all property within the
corporate limits of said City for the General Fund in the amount
of $ 704,307.00 , which will result in a levy of 43.61 cents
per $100.00 of assumed total tentative valuation of
$ 161,500,000.00 and for Debt Fund in the amount of
30.381.00
instructed
which will result in a levy of 1.88 cents
per $100..00 of assumed total tentative valuation of
$ 161,500,000.00
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
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 28th
ATTEST:
28th day of July, 1992.
i2J2 SA
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 at a special meeting of the Mayor and City Council of said
City held on the
day of July, 1992.
Lika- di4.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1610
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, 1992, 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
$ 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 1992-
1993 fiscal year.
SECTION 2. That the following amounts be and hereby are
appropriated from the various funds to the use and purpose here-
inafter specified, to - wit:
FUND
General Fund
Debt Service
Street
Landfill
Water
Insurance
Sewer
Water Bond
Capital Outlay Res.
MIRF
SECTION 3.
in conflict herewith
SECTION 4.
take effect from and
as provided by law.
ALL SOURCES EST.
$
$ 664,545.00
$ 567,214.00
$ 458,744.00
$
$ 243,005.00
$ 350,863.00
$
$ 92,570.00
$ 159,024.00
That all ordinances or parts of ordinances
are hereby repealed.
That this ordinance shall be in force and
after its passage, approval and publication
ATTEST:
Passed and approved this
ALICE 1.. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
JE
28th day of July, 1992.
ENNY, ,MA/
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 28th day of July, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1611
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,
1992, is hereby established and set as follows: Bi- Weekly Sal-
aries: City Administrator - $1,523.00, City Clerk - $900.00,
Secretary I - $720.00, Building Inspector - $880.00, Police Chief
- $1,300.00, Secretary I - $760.00, Police Captain - $1,080.00,
Police Patrolman - $940.00, Police Sergeant - $960.00, Police
Patrolman - $940.00, Police Patrolman - $920.00, Police Patrolman
- $940.00, Police Investigator - $1,000.00, Police Patrolman
$940.00, Cemetery Sexton - $860.00, Park Superintendent -
$860.00, Library Director - $930.00, Librarian I - $740.00,
Librarian I - $600.00, Animal Control - $620.00, Equipment Opera-
tor II - $880.00, Equipment Operator II - $880.00, Street Super-
visor - $1,010.00, Equipment Operator II - $820.00, Equipment
Operator III - $900.00, Equipment Operator I - $820.00, Landfill
Operator - $860.00, Acct. Clerk III /Deputy Clerk /Treas.
$800.00, Account Clerk II - $760.00, Director of Public Works
$1,370.00, Wa /Se Distr. Supervisor - $980.00, Utility worker
$740.00, Utility worker - $800.00, Water Plant Supervisor
$960.00, Water Plant Operator - $920.00, Water Plant Operator
$920.00, Water Plant Operator - $920.00, Water Plant Operator
$920.00, WWTP Supervisor - $960.00, WWTP Operator - $880.00, WWTP
Operator - $920.00. Hourly wages: Library aide - $4.25, Part
time secretary - $5.00, Library aide - $4.25, Part time Animal
Control Officer - $5.00. Yearly: Mayor - $1,500.00, Councilman
$1,000.00, Councilman - $1,000.00,
Councilman - $1,000.00, Councilman - $1,000.00, Councilman -
$1,000.00, Councilman - $1,000.00, Councilman - $1,000.00.
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
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE of NEBRASKA )
)ss
'WASHINGTON COUNTY )
Councilman - $1,000.00,
day of July, 1992.
JE
E 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 2Rth day of July, 1992.
ahrt. 6
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1612
AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 25 OF
THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER
BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION
AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT;
AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF
THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY
CLERK.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal water system beyond the existing
system by the construction of water mains pursuant to the
authority granted by Section 19 -2402, R.R.S. Neb. 1943; that said
water main extension shall commence at the existing water main as
described in Section 3 hereof; that none of the properties located
within the Water Extension District hereby created are presently
served by the City's existing system of water service; and that
all property within said District is either within the corporate
limits of the City of Blair or within one mile beyond such
corporate limits.
Section 2. There is hereby created Water Extension
District No. 25, said water extension district to include the
Pinewood Estates Subdivision (including Lots One (1) through
Eleven (11), inclusive, and Outlot A of said subdivision and all
dedicated streets and street right -of -way therein), said
subdivision being a.platting of part of Tax Lots 44 and 70 in
Section 2, T18N, R11E, Outlot "B" in "66" Heights, together with
part of the NE1 /4 of the SE1 /4 of said Section 2, all east of the
6th P.M. in Washington County, Nebraska, and the outer boundaries
of which Water Extension District shall be as follows:
Beginning at the NW corner of said NE1 /4; thence
S89 °29'12 "E (assumed bearing) 822.12 feet on the north
line of said NE1/4 and said Tax Lot 44 to the northeast
corner of said Tax Lot 44; thence S39 °59'17 "E 775.90
feet on the northeast line of said Tax Lot 44 to the east
line of said NE1 /4 and said Tax Lot 44; thence
S00 °07'58 "W 730.80 feet to the SE corner of said NE1 /4
and said Tax Lot 44; thence N89 °23'57 "W 328.05 feet on
a south line of said Tax Lot 44 to a west line of said Tax
Lot 44; thence N00 °06'16 "E 181.13 feet on a west line
of said Tax Lot 44; thence N89 °29'10 "W 591.35 feet on a
south line of said Tax Lot 44 to the east corner of said
Tax Lot 70; thence S18 °58'27 "E 23.44 feet to the
northeast corner of Lot 18, said "66" Heights; thence
S59 °21'52 "W 182.23 feet on the northwesterly line of
said "66" Heights to the northeasterly corner of said
Outlot "B "; thence S30 °38'08 "E 109.76 feet on the
northeasterly line of said Outlot "B" to the southeasterly
corner of said Outlot "B "; thence S59 °21'52 "W 50.00
feet on the southeasterly line of said Outlot "B" to the
southwest corner of said Outlot "B "; thence N30 °38'08 "W
109.76 feet on the southwesterly line of said Outlot "B" to
the northwest corner of said Outlot "B" and on its
southeasterly extension; thence N64 °59'19 "W 229.29 feet
on the southwesterly line of said Tax Lot 70 to the
southwest corner of said Tax Lot 70 and the west line of
said NE1 /4; thence north 1186.33 feet on the west lines of
said Tax Lots 44 and 70 and the west line of said NE1 /4 to
the point of. beginning.
Section 3. The size, location and terminal points of the
proposed improvements for Water Extension District No. 25 are
described as follows:
From the existing 6" water main in Ryan Drive,
Northerly and Northeasterly in the Right -of -Way of
Pinewood Drive to the end of said Right -of -Way.
Section 4. Reference is hereby made to the plans and
specifications for said water main extension, which have been
prepared by Blair Engineering Surveying Company Incorporated,
special engineers for the City, and which, together with said
engineers' estimate of the total cost for the proposed water
main extension, have heretofore been filed with the City Clerk.
Section 5. The engineers' estimate of total
construction cost for the proposed water main improvements in
Water Extension District No. 25 is $10,672.00
Section 6. This ordinance shall be in force and effect
from and after its passage, approval and publication as
provided by law.
PASSED AND APPROVED this 28th day of July
1992.
ATTEST:
The proposed improvements to be constructed consist of
approximately 815 lineal feet of watermain and related
appurtenances. The watermain consists•of polyvinyl
chloride (PVC) of 6 inch diameter with related
fittings, fire hydrants, service connections and other
related appurtenances as indicated on the drawings.
A more_detailed description of the proposed
improvements is available by examining the plans and
specifications on file at the office of the City Clerk,
City Hall, City of Blair, 218 So. 16th Street, Blair,
Nebraska 68808. In addition, the contract documents
may be examined at the office of Blair Engineering
Surveying Company Incorporated, 1570 Washington Street,
Blair, NE 68008. Said plans and specifications are
hereby incorporated by reference as if set forth
herein. Reference should be made to said plans and
specifications for the specific sizing of pipes and
mains as shown above.
j /,c
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 Resolution was
passed at a regular meeting of the Mayor and City Council held on
the 28th day of July, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1613
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF WATE1 SYSTEM
REVENUE AND REFUNDING BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE
PRINCIPAL AMOUNT OF TWO MILLION FOUR HUNDRED NINETY -FIVE THOUSAND
DOLLARS {$2,495,000) FOR THE PURPOSE OF PAYING. AND REDEEMING
$2,310,000 OF THE CITY'S OUTSTANDING WATER SYSTEM REVENUE REFUNDING
BONDS, SERIES 1988, AND PROVIDING FUNDS FOR MAINTAINING, EXTENDING,
ENLARGING AND IMPROVING THE WATERWORKS PLANT AND WATER SYSTEM OF
SAID CITY; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS;
PLEDGING AND HYPOTHECATING THE REVENUE AND EARNINGS OF THE
WATERWORKS PLANT AND SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID
BONDS AND INTEREST THEREON AND PROVIDING FOR THE COLLECTION,
SEGREGATION AND APPLICATION OF THE REVENUE OF SAID WATERWORKS PLANT
AND SYSTEM; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE
HOLDERS OF SAID BONDS; AND PROVIDING FOR PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. The Mayor and City Council of the City of Blair,
Nebraska, (the "City ") Hereby find and determine:
(a) The City owns and operates a waterworks plant and
system (which plant and system, together with any additions,
extensions and improvements thereto hereafter made is
hereinafter referred to as the "Water System ") which represents
a revenue - producing undertaking of the City;
(b) The City currently has or will construct certain
improvements to its Water System, including a municipal utility
building, for which the cost is estimated at not less than
$125,000 and for which it is necessary to borrow monies to
provide for such estimated cost as provided herein;
(c) The City has issued and outstanding the following
Water System Revenue Bonds which are a lien upon and secured by
a pledge of the revenue and earnings of the Water System:
Water System Revenue Refunding Bonds, Series 1988, date of
original issue - June 15, 1988, in the principal amount of
Two Million Three Hundred Ten Thousand Dollars
($2,310,000), numbered as shown on the records of the
paying agent and registrar, in denomination of $5,000 or
integral multiples thereof, with said bonds bearing
interest and becoming due and payable as follows:
Maturing on
Mav 1 of Year
Amount of Interest
Principal Rate to Maturity
Maturina or Earlier Redemption
1993 $130,000 5.90%
1994 135,000 6.10
1995 145,000 6.25
1996 55,000 6.40
1997 55,000 6.55
1998 60,000 6.70
1 999 65,000 6.90
2000 70,000 7.10
2001 75,000 7.25
2002 75,000 7.40
2003 80,000 7.50
2008 . 515,000 7.75
2014 850,000 8.00
Said bonds are hereinafter referred to as the "1988 Bonds ".
Bonds of said issue maturing May 1, 1995 and thereafter are
subject to redemption at any time on or after May 1, 1994,
and said interest is payable semiannually. Said bonds were
authorized and ordered issued by Ordinance No. 1477 which
was passed and approved on the 4th day of May, 1988, as
amended by Ordinance No. 1479 which was passed and approved
on the llth day of May, 1988 and as amended by Ordinance
No. 1480 which was passed and approved on the 14th day of
June, 1988 (hereinafter referred to collectively as the
"1988 Ordinance "). Said bonds were issued for the purpose
of refunding the City's outstanding Water System Revenue
Refunding Bonds, Series 1985, date of original issue - June
15, 1985, in the principal amount of $555,000 and the
City's outstanding Junior Lien Water Revenue Bond, Series
1980, dated July 30, 1980, in the principal amount of
$3,196,013.
The 1988 Bonds are valid interest - bearing obligations of
the City of Blair, payable from the revenues of the Water
System; 1988 Bonds maturing May 1, 1993 and May 1, 1994 will be
paid on their respective maturity dates and 1988 Bonds maturing
May 1, 1995 and thereafter have been called for payment prior to
maturity on May 1, 1994; that under Section 18 of the 1988
Ordinance, the City may provide for the discharge and
satisfaction of the 1988 Bonds by a deposit of United States
Government Obligations;
(d) By issuing the City's Water System Revenue and
Refunding Bonds as herein provided and by depositing certain
monies on hand the City will be able to provide funds sufficient
to so satisfy the 1988 Bonds under the terms of the 1988
Ordinance; that overall savings in principal and interest
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costs to the City can be achieved by paying off the 1988 Bonds;
not less than .$55,000 of City funds on hand are to be applied to
the payment of Series 1988 Bonds maturing May 1, 1993;
(e) The City has no indebtedness outstanding against the
revenues of its Water System, other than the Series 1988 Bonds;
and
(f) To satisfy the funding requirements described in this
Section 1, it is necessary for the City to issue its Water
Revenue and Refunding Bonds, Series 1992, in the total principal
amount of $2,495,000 pursuant to Sections 18 -1803 to 18 -1805
R.R.S. Neb. 1943. All conditions, acts and things required to
exist or to be done precedent to the issuance of the Water
Revenue and Refunding Bonds, Series 1992, as provided for in
this ordinance do exist and have been done and performed in
regular and due time and form as required by law. Said bonds
will be payable from the revenues of the Water System.
Section 2. The Mayor and Council hereby further find
and determine as follows:
(a) that in 1984 the City sold its electric system
to Omaha Public Power District for the sum of $5,950,000
payable under contract (the "OPPD Contract ") over a
period of 30 years with interest at 9% and annual
payments due in April of each year in the amount of
$481,814.93; that since such sale it has been the policy
of the Mayor and Council to appropriate annually from
such payment certain amounts to the City's Water System
for purposes of assuring payment of indebtedness for
which the revenues of the Water System have been
pledged, including the 1992 Bonds in order to provide
lower utility rates payable by users of the Water System
than would otherwise be required; that in connection
with the issuance of the bonds hereby authorized the
Mayor and Council do hereby declare their intention to
appropriate from year to year in each year an amount
payable under the OPPD Contract not less than the
payments failing due in the May and November immediately
following each such April, commencing with
appropriations to be made in 1993, with the
understanding that the terms of this ordinance require
rates to be charged for service from the Water System
sufficient to provide for all payments of principal and
interest on the bonds herein authorized, all costs of
operation and maintenance for the Water System and all
deposits required to be made into the specific accounts
set forth in Section 12 hereof, except to the extent
that monies are appropriated from other sources such as
the City's contract with Omaha Public Power District
sufficient in amount to keep the City in compliance with
the covenants set forth in Section 13 hereof; and
(b) The City hereby additionally pledges the
amounts on deposit or to be deposited in its account of
the Municipal Infrastructure Redevelopment Fund, as and
when appropriated by the Nebraska legislature, to the
payment of principal and interest due on the bonds of
this issue in an amount not less than $25,000 (not less
than $20,000 for the fiscal year ending July 31, 1999)
in each year commencing with the fiscal year ending
July 31, 1994 and continuing through the fiscal year
ending July 31, 1999 from amounts as and when actually
deposited into the. City of Blair's account. The City
agrees that such amounts so deposited shall be credited
to the City's Water System _. and applied by the City to
the payment of principal and interest due on the bonds
of this issue.
Section 3. In addition to the definitions provided in
parenthesis elsewhere in this ordinance, the following
definitions of terms shall apply, unless the context shall
clearly indicate otherwise:
"Additional Bonds" shall mean any and all bonds
hereafter issued by the City pursuant to the terms of
this ordinance which are equal in lien to the 1992
Bonds, including such bonds issued pursuant to Section
14 and refunding bonds issued pursuant to Section 15,
as and when such bonds become equal in lien to the 1992
Bonds according to their terms and the terms of said
Section 15.
"Average Annual Debt Service Requirements" shall
mean that number computed by adding all of the
principal and interest due when computed to the
absolute maturity of the bonds for which such
computation is required and dividing by the number of
years remaining that the longest bond of any issue for
which such computation is required has to run to
maturity. In making such computation, the principal of
any bonds for which mandatory redemptions are scheduled
shall be treated as maturing in accordance with such
schedule of mandatory redemptions.
"Deposit Securities" shall mean direct obligations
of or obligations the principal of and interest on which
are unconditionally guaranteed by the United States
America.
"Net Revenues" shall mean the gross revenues derived
by the City from the ownership or operation of the Water
System including investment income, but not including any
income from sale or disposition of any property belonging
to or forming a part of the Water System, less the
ordinary expenses to the City of operating and
maintaining the Water System payable from the Operation
and Maintenance Account established by Section 12 of this
ordinance. Operation and maintenance expenses for
purposes of determining "Net Revenues" shall not include
depreciation, amortization or interest on any bonds or
tither indebtedness. Net Revenues for all purposes of
this ordinance shall be shown by an audit for the fiscal
year in question as conducted by independent certified
public accountants. In addition to the amount so
computed and as a part of the term "Net Revenues" as
herein defined, there shall be added to the gross
revenues of the Water System any monies pledged or
appropriated by the Mayor and Council to the Water System
for any fiscal year in question from sources other than
revenues of the Water System such as the sources
described and referred to in Section 2(a) and 2(b) as and
to the extent that such pledged or appropriated monies
are in fact received and credited to the Blair Water
System Fund, as described in Section 12 of this ordinance.
"Paying Agent and Registrar" shall mean The Fremont
National Bank and Trust Company, as appointed to act as
the combined paying agent and registrar for the 1992
Bonds pursuant to Section 5 hereof.
Section 4. To refund the 1988 Bonds and pay for additional
improvements as described in Section 1 hereof, there shall be and
there are hereby ordered issued negotiable bonds of the City of
Blair, Nebraska, to be known as "Water System Revenue and Refunding
Bonds, Series 1992" (the "1992 Bonds ") in the aggregate principal
amount of Two Million Four Hundred Ninety -five Thousand Dollars
($2,495,000), with said Bonds bearing interest at the rates per
annum and to become due on May 1, of the year as indicated below:
Amount of Interest
Maturing on Principal Rate to Maturity
May 1 of Year Maturina or Earlier Redemption
1993 $ 75,000 3.20%
1994 175,000 3.60
1995 180,000 4.00
1996 95,000 4.25
1997 90,000 4.50
1998 90,000 4.75
1999 80,000 5.00
2000 80,000 5.10
2001 85,000 5.25
2002 85,000 5.50
2003 90,000 5.75
2004 95,000 5.90
2005 100,000 6.00
2006 105,000 6.10
2007 115,000 6.15
2014 955,000 6.30
Interest on the 1992 Bonds shall be computed on the basis of a
three hundred sixty day year consisting of twelve thirty -day
months. The 1992 Bonds maturing in the years 1993 through 2007
are sometimes herein referred to as "serial Bonds" and the 1992
Bonds maturing in 2014 are sometimes herein referred to as "term
Bonds." The 1992 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 1992 Bonds shall be November 1,
1992. Interest on the 1992 Bonds, at the respective rates for
each maturity, shall be payable on May 1, 1993, and semiannually
thereafter on November 1 and May 1 of each year (each of said
dates an "Interest Payment Date ") and the 1992 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
-6-
owners of record as of the close of business on the fifteenth day
of the month immediately preceding the month in which each
Interest Payment Date occurs (the "Record Date "), subject to the
provisions of Section 6 hereof. The 1992 Bonds shall be numbered
from 1 upwards in the order of their issuance. No 1992 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 1992 Bonds issued shall be
designated by the City's Treasurer as directed by the initial
purchaser thereof. Payments of interest due on the 1992 Bonds
prior to maturity or early redemption shall be made by the Paying
Agent and Registrar, as designated pursuant to Section 5 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 1992
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 5 hereof.
Payments of principal due at maturity or at any date fixed for
redemption prior to maturity, together with any unpaid interest
accrued thereon, shall be made by said Paying Agent and Registrar
to the registered owners upon presentation and surrender of the
1992 Bonds to said Paying Agent and Registrar. The City and said
Paying Agent and Registrar may treat the registered owner of any
1992 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
-7-
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 1992 Bond in accordance with the terms of
this ordinance shall be valid and effectual
discharge of the City and said Paying Agent
-8-
and shall be a
and Registrar, in
respect of the liability upon the 1992 Bonds or claims for
interest to the extent of the sum or sums so paid.
Section 5. The Fremont National Bank and Trust Company is
hereby designated the Paying Agent and Registrar for the 1992
Bonds. Said Paying Agent and Registrar shall serve in such
capacities under the terms of an agreement entitled "Paying Agent
and Registrar's Agreement" between the City and said Paying Agent
and Registrar, the form of which is hereby approved. The Mayor
and City Clerk are hereby authorized to execute said agreement in
substantially the form presented but with such changes as they
shall deem appropriate or necessary. The Paying Agent and
Registrar shall keep and maintain for the City books for the
registration and transfer of the 1992 Bonds at its principal
corporate trust office. The names and registered addresses of the
registered owner or owners of the 1992 Bonds shall at all times be
recorded in such books. Any 1992 Bond may be transferred pursuant
to its provisions at the principal corporate trust office of said
Paying Agent and Registrar by surrender of such bond for
cancellation, accompanied by a written instrument of transfer, in
form satisfagtory 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 such transferee owner or owners, a new 1992 Bond or Bonds
of the same interest rate, aggregate principal amount and
maturity. To the extent of the denominations authorized for the
1992 Bonds by this ordinance, one such 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 1992 Bond, the surrendered
1992 Bond shall be cancelled and destroyed. All 1992 Bonds issued
upon transfer of the 1992 Bonds so surrendered shall be valid
obligations of the City evidencing the same obligations as the
1992 Bonds surrendered and shall be entitled to all the benefits
and protection of this ordinance to the same extent as the 1992
Bonds upon transfer of which they were delivered. The City and
said Paying Agent and Registrar shall not be required to transfer
any 1992 Bond during any period from any Record Date until its
immediately following Interest Payment Date or to transfer any
1992 Bond called for redemption for a period of 30 days next
preceding the date fixed for redemption.
Section 6. In the event that payments of interest due on the
1992 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 1992 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 7. If the date for payment of the principal of or
interest on the 1992 Bonds shall be a Saturday, Sunday, legal
holiday or a day on which banking institutions in the city where
the principal corporate trust office of the Paying Agent and
Registrar is located 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 8. 1992 Bonds maturing as term Bonds on May 1, 2014
shall be redeemed prior to their stated maturity on May 1, 2008,
and on each May 1 thereafter, in part, in accordance with the
following schedule of mandatory redemptions:
Year of Redemption
2008
2009
2010
2011
2012
2013
2014
-10-
Amount to be Redeemed,
$120,000
130,000
135,000
140,000
155,000
165,000
110,000 (final maturity)
Such mandatory redemptions shall be at the principal amount of each
bond redeemed plus interest accrued thereon to the datd fixed for
redemption. 1992 Bonds or portions thereof to be selected for
redemption shall be selected by the Paying Agent and Registrar by
lot, with separate lot numbers being assigned to each $5,000 in
principal amount, using any random method of selection deemed
appropriate by the Paying Agent and Registrar.
1992 Bonds maturing on or after May 1, 1998 shall be subject
to redemption at the option of the City, in whole or in part, prior
to maturity at any time on or after November 1, 1997, at par plus
accrued interest on the principal amount redeemed to the date fixed
for redemption. As to such optional redemption, the City may select
the 1992 Bonds to be redeemed in its sole discretion.
The 1992 Bonds shall be redeemed only in amounts of $5,000 or
integral multiples thereof. Any 1992 Bonds redeemed in part only
shall be surrendered to said Paying Agent and Registrar in exchange
for a new 1992 Bond evidencing the unredeemed principal thereof.
Notice of redemption of any 1992 Bonds called for redemption shall
be given at the direction of the City, in the case of optional
redemption, and without further direction, in the case of mandatory
redemption, by the 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 1992 Bond at said
owner's registered address. Such notice shall designate the 1992
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 bonds are to be presented for prepayment at the principal
corporate trust office of the Paying Agent and Registrar. In case
of any 1992 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 1992 Bond shall affect the
sufficiency of the proceedings of the City designating the 1992
Bonds called for redemption or the effectiveness of such call for
1992 Bonds for which notice by mail has been properly given and the
City shall have the right to direct further notice of redemption for
any such bond for which defective notice has been given.
Section 9. The 1992 Bonds shall be in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF BLAIR
WATER SYSTEM REVENUE AND REFUNDING BOND, SERIES 1992
No. $
.Interest Rate Maturity Date Date of Oriainal Issue CUSIP No.
May 1, November 1, 1992
Registered Owner:
Principal Amount:
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, but only from
the sources herein described, 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 May 1, 1993 and semiannually thereafter
on November 1 and May 1 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 hereof together with any unpaid interest accrued thereon
due at maturity or upon earlier redemption is payable upon
presentation and surrender of this bond at the principal corporate
trust office of the The Fremont National Bank and Trust Company, the
Paying Agent and Registrar, in Fremont, 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 fifteenth day of the month
immediately preceding the month in which the Interest Payment Date
occurs, to such owner's 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 Two Million Four Hundred Ninety -five
Thousand Dollars ($2,495,000), 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 refunding the City's
Dutstanding Water System Revenue Refunding Bonds, Series 1988, date
Df original issue - June 15, 1988, in the principal amount of
2,310,000, and paying the costs of maintaining, extending,
enlarging and improving the waterworks plant and water system of the
:ity. The issuance of said bonds has been authorized by proceedings
luly had and an ordinance lawfully enacted by the Mayor and Council
,f said City in strict compliance with Sections 18 -1803 to 18 -1805
I.R.S. Neb. 1943.
Any or all of the bonds of said issue maturing on or after
4ay 1, 1998, are subject to redemption at the option of the City, in
vhole or in part, at any time on or after November 1, 1997, at par
,lus interest accrued on the principal amount redeemed to the date
°ixed for redemption.
Bonds said issue maturing on May 1, 2014, shall be redeemed
)rior to their stated maturity on May 1, 2008, and on each May 1
:hereafter, with such redemptions to occur in the years and for the
)rincipal amounts set forth below:
Year
2008 $120,000
2009 130,000
2010 135,000
2011 140,000
2012 155,000
2013 165,000
2014 110,000 (final maturity)
such mandatory redemptions shall be at a price equal to 100% of the
principal amount redeemed, together with the interest accrued on the
'rincipal amount redeemed to the date fixed for redemption.
Notice of any such redemption shall be given by mail to the
egistered owner of any bond to be redeemed at said registered
wner's address in the manner specified in the ordinance authorizing
aid issue of bonds. Individual bonds may be redeemed in part but
my in $5,000 amounts or integral multiples thereof.
This bond is transferable by the registered owner or such
wner's attorney duly authorized in writing at the principal
orporate trust office of the Paying Agent and Registrar upon
urrender and cancellation of this bond, and thereupon a new bond or
onds of the Same aggregate principal amount, interest rate and
aturity will be issued to the transferee as provided in the
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Amount to be
Redeemed
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 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 where the principal corporate trust
office of the Paying Agent and Registrar is located 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.
The revenue and earnings of the waterworks plant and water
system of the City of Blair, as now owned or hereafter acquired,
(the "Water System ") are pledged and hypothecated for the payment of
this bond and the other bonds of this issue and for the payment of
any additional bonds of equal priority issued as authorized by the
ordinance authorizing the bonds of this issue. The City
additionally agrees that certain monies received by the City of
Blair from the Nebraska Municipal Infrastructure Redevelopment Fund
in accordance with Sections 18 -2601 to 18 -2608 R.R.S. Neb. 1943, as
and when appropriated by the Nebraska Legislature and received by
the City, as well as monies appropriated from certain other sources
from year to year, shall be applied to the payment of principal and
interest on this bond and the other bonds of this issue and are
pledged in accordance with said statutes. NEITHER THE FAITH AND
CREDIT NOR THE TAXING POWER OF THE STATE OF NEBRASKA IS PLEDGED TO
THE PAYMENT OF THE PRINCIPAL OF OR THE INTEREST ON THIS BOND AND THE
OTHER BONDS OF THIS ISSUE. The bonds of this issue are a lien only i
upon said revenue and earnings of the Water System and are not
general obligations of the City of Blair, Nebraska.
The ordinance authorizing the issuance of this bond and the
other bonds of this issue sets forth the covenants and obligations
of the City with respect to the Water System and the application of
the revenues to be derived therefrom, which revenues are by the
terms of said ordinance to be deposited into the "Blair Water System;
Fund" and disbursed to make payments of principal and interest on
the bonds of this issue, to pay costs of operation and maintenance,
and make other payments as specified in said ordinance. Said
ordinance also designates the terms and conditions on which
additional bonds of equal lien with the bonds of this issue may be
issued in the future. The City also reserves the right to issue
bonds junior in lien to the bonds of this issue, the principal and
interest of which are payable from moneys in the "Surplus Account"
of the Blair Water System Fund as described in said ordinance. Said
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ordinance also designates the terms and conditions upon which this
bond shall cease to be entitled to any lien, benefit or security
under such ordinance and all covenants, agreements and obligations
of the City under such ordinance may be discharged and satisfied at
or prior to the maturity or redemption of this bond if moneys or
certain specified securities shall have been deposited with a
designated fiduciary.
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.
This bond shall not be valid and binding on the City until
authenticated by the Paying Agent and Registrar.
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 hereon, all as
of the date of original issue specified above.
ATTEST:
(facsimile sicrnature)
City Clerk
(SEAL)
Certificate of Authentication
This bond is one of the bonds authorized by ordinance of the
Mayor and Council of the City of Blair, in the County of Washington,
in the State of Nebraska, described in the foregoing bond.
The Fremont National Bank and Trust Company
Paying Agent and Registrar
By:
Authorized Signature
CITY OF BLAIR, NEBRASKA
Mayor
(facsimile signature)
For value received
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
By
Authorized Officer
(Form of Assignment)
Dated:
Registered Owner
Note: The signature(s) on this assignment MUST CORRESPOND with
the name 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.
Section 10. Each of the 1992 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.
The 1992 Bonds shall be issued initially as "book- entry -only"
bonds under the services of The Depository Trust Company (the
"Depository "), with one typewritten bond per maturity being issued
to the Depository. In such connection the Mayor and City Clerk
shall execute and deliver a Letter of Representations in the form
required by the Depository, for and on behalf of the City, which
shall govern matters with respect to registration, transfer,
payment and redemption of the 1992 Bonds. If for any reason the
Depository resigns and is not replaced, the City shall immediately
provide a supply of printed bond certificates for issuance upon
the transfers from the Depository and subsequent transfers or in
the event of partial redemption. In the event that such supply of
certificates shall be insufficient to meet the requirements of the
Paying Agent and Registrar for issuance of replacement
certificates upon transfer or partial redemption, the City agrees
to order printed an additional supply of such certificates and to
direct their execution by 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 signature or facsimile thereof shall appear on
any 1992 Bond shall cease to be such officer before the delivery
of such bond (including such 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 purposes the same as
if such officer or officers had remained in office until the
delivery of such bond. The 1992 Bonds shall not be valid and
binding on the City until authenticated by the Paying Agent and
Registrar. The City Treasurer shall cause the 1992 Bonds to be
registered in the office of the Auditor of Public Accounts of the
State of Nebraska and in the office of the City Treasurer as
finance officer of the City. Thereafter the 1992 Bonds shall be
delivered to the Paying Agent and Registrar for registration and
authentication. Upon execution, registration and authentication
of the 1992 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 $2,431,527 (with $11,078 being attributable to original
issue discount upon the 1992 Bonds due as term bonds on May 1,
2014) plus accrued interest thereon to date of payment for the
1992 Bonds. Said initial purchaser shall have the right to direct
the registration of the 1992 Bonds and the denominations thereof
within each maturity, subject to the restrictions of this
ordinance. The City Clerk shall make and certify duplicate
transcripts of the proceedings of the Mayor and Council with
respect to the 1992 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 11. The proceeds of the 1992 Bonds shall be applied
to the payment of costs as described in Section 1 hereof,
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including payment of principal and interest on the 1988 Bonds as the
same fall due on and prior to May 1, 1994 and as called for
redemption on May 1, 1994. Accrued interest received upon sale, if
any, shall be credited to the Bond Payment Account as described in
Section 12 hereof. In order to satisfy the City's obligation on the
1988 Bonds, the proceeds of said 1992 Bonds along with funds of the
City on hand shall be set aside and held and invested in a special
trust account which is hereby ordered established. The Fremont
National Bank and Trust Company, Fremont, Nebraska is hereby
designated to serve as the escrow agent ( "Escrow Agent "), to have
custody and safekeeping of the funds and investments which are to be
set aside for the payment of the 1988 Bonds. For purposes of
governing such escrow account and the holding and application of
such funds and investments, the City shall enter into a contract
entitled "Escrow Agreement" with the Escrow Agent. The Mayor and
City Clerk are hereby authorized and directed to execute and deliver
on behalf of the City said Escrow Agreement, including necessary
:ounterparts, in substantially the form and content as presented to
the meeting at which this ordinance is passed, but with such changes
and modifications therein as to them seem necessary, desirable or
appropriate for and on behalf of the City. Said Mayor and City
:lark are further authorized to approve the investments provided for
in said Escrow Agreement, and to make any necessary subscriptions
or United States Treasury Securities, State and Local Government
aeries. Any subscription previously made by any such officer is
iereby ratified and. confirmed. Said proceeds shall be invested in
obligations of the United States Government, direct or guaranteed,
including United States Treasury Securities, State and
Government Series. To the eztent that such proceeds are held in a
bank depository account, such deposits shall be insured by insurance
of the Federal Deposit Insurance Corporation or, to the extent not
fully insured, shall be fully collateralized in the same manner as
is required for deposit of public funds. Any investment from the
proceeds of the 1992 Bonds herein authorized shall mature not later
than May 1, 1994. As provided in said Escrow Agreement, the
proceeds of the 1992 Bonds herein authorized and investment earnings
thereon shall be applied to the payment of the principal of and
interest on the 1988 Bonds as the same become due on and prior to
May 1, 1994 and as called for redemption on May 1, 1994. The City
agrees that on November 3, 1992 or as soon thereafter as
practicable, it shall deposit or otherwise have on hand with The
Fremont National Bank and Trust Company, Fremont, Nebraska, as
Escrow Agent for the 1988 Bonds, funds sufficient to pay accrued
interest on the 1988 Bonds from November 1, 1992 to November 3,
1992. The City further agrees that on each payment date, there
shall be on hand with The Fremont National Bank and Trust Company,
Fremont, Nebraska, Paying Agent and Registrar sufficient funds to
make the payments of principal and interest on the 1992 Bonds as the
same fall due. The Mayor and Clerk/Treasurer of the City, or any
one of them, are hereby authorized to execute and deliver for and on
behalf of the City Council all other documents and instruments
necessary in connection with the issuance of said 1992 Bonds and
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said Escrow Agreement and to provide for the transfer of funds to
the Escrow Agent necessary to provide for the payment of principal
and interest on the 1988 Bonds due on and prior to May 1, 1994 and
as called for redemption on May 1, 1994, pursuant to the terms of
said Escrow Agreement. The City hereby covenants and agrees to take
all steps necessary and appropriate to provide for the calling and
redemption of the 1988 Bonds on May 1, 1994. The City further
agrees that it will make no investment of any of the investment
proceeds receivable by the City under the Escrow Agreement which
would cause the total amount of such proceeds receivable to exceed
an amount equal to 1% of the 1992 Bonds which are actually issued
and delivered pursuant to the terms of this ordinance.
Section 12. The revenue and earnings of the Water System, as
now existing or hereafter acquired, are hereby pledged and
hypothecated for the payment of the 1992 Bonds and any Additional
Bonds of equal priority issued as authorized by this ordinance and
interest on such 1992 Bonds and any such Additional Bonds. For such
purpose there shall be included in the gross revenues of the Water
System any monies pledged or appropriated from year to year by the
Mayor and Council to the Water System for purposes of reducing user
rates or other purposes, from whatever source derived, including the
sources described in Section 2(a) and 2(b) hereof. The City does
hereby agree with the holders of said 1992 Bonds and Additional
Bonds as follows:
(a) BLAIR WATER SYSTEM FUND - The entire gross revenues
and income derived from the operation of the Water
System, including pledges and appropriations from
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other sources, shall be set aside as collected and
deposited in a separate fund which is hereby
ordered established and shall be designated a§ the
"Blair Water System Fund ". For purposes of
allocating the monies in the Blair Water System
Fund, the City shall maintain the following
accounts: (1) Bond Payment Account; (2) Operation
and Maintenance Account; (3) Debt Service Reserve
Account; (4) Renewal and Replacement Account, and
(5) Surplus Account.
(b) BOND PAYMENT ACCOUNT - Out of the Blair Water
System Fund there shall be credited monthly on or
before the first day of each month to the Bond
Payment Account, starting with the month of
November, 1992, the following amounts:
(1) Beginning November 1, 1992 and continuing so
long as the 1992 Bonds remain outstanding, an
amount equal to 1 /6th of the next maturing
semiannual interest payment on the 1992 Bonds;
(2) Beginning November 1, 1992 and continuing for
the period from November 1, 1992 through and
including April 1, 1993, an amount equal to
1 /6th of the next maturing principal payment
on the 1992 Bonds.
(3) For the period from and including May 1, 1993
through and including April 1, 2007 an amount
equal to 1 /12th of the next maturing principal
payment on the 1992 Bonds due as serial Bonds.
(4) For the period from May 1, 2007 until the
1992 Bonds have been paid in full, an
amount equal to 1 /12th of the amount of
principal of 1992 Bonds scheduled for
mandatory redemption as term Bonds on the
next date set for mandatory redemption in
Section 8 hereof.
The City Treasurer is hereby authorized and
directed, without further authorization, to
withdraw monies credited to the Bond Payment
Account, or if the monies in such Account are
insufficient, then from the Debt Service
Reserve Account and next from the Surplus
Account, an amount sufficient to pay, when
due, the principal of and interest on the 1992
Bonds or any Additional Bonds and to transfer
such amount to the Paying Agent and Registrar
(or other paying agent for Additional Bonds)
on or before each principal and interest
payment date. Upon the issuance of any
Additional Bonds pursuant to this ordinance
appropriate additional credits to the Bond
Payment Account shall be provided for
sufficient to pay principal and interest on
said Additional Bonds.
(c) OPERATION AND MAINTENANCE ACCOUNT - After any
credits required to be made by the foregoing
subparagraph (b) have been made in full, out of
the Blair Water System Fund there shall be monthly
credited into the Operation and Maintenance
Account such amounts as the City shall from time
to time determine to be necessary to pay the
reasonable and necessary expenses of operating and
maintaining the Water System, and the City may
withdraw funds credited to the Operation and
Maintenance Account as necessary from time to time
to pay such expenses.
(d) DEBT SERVICE RESERVE ACCOUNT - Upon the issuance
of the 1992 Bonds, the City shall deposit from
monies on hand $232,000, which amount shall
constitute the balance required to be maintained
in the Debt Service Reserve Account with respect
to the 1992 Bonds until May 1, 1998. From and
after May 1, 1998, the balance required to be
maintained shall be reduced to $187,000, which
amount shall be maintained until the 1992 Bonds
have been paid in full. Monies credited to the
Debt Service Reserve Account may be withdrawn, as
needed to provide funds to pay, when due, the
principal and interest on the 1992 Bonds and any
Additional Bonds issued pursuant to this
ordinance, if the Bond Payment Account contains
insufficient funds for that purpose, and the City
Treasurer is hereby authorized and directed to
make such withdrawal if and when needed. In the
event of withdrawal from the Debt Service Reserve
Account, there shall be credited to the Debt
Service Reserve Account in the month or months
following such withdrawal all monies in the Blair
Water System Fund remaining after making the
payments required to be made to the Bond Payment
Account and the Operation and Maintenance
Account. Upon the issuance of any Additional
Bonds pursuant to this ordinance the amount
required to be accumulated and maintained in the
Debt Service Reserve Account shall be set
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at an amount not less than the Average Annual Debt
Service Requirements on the 1992 Bonds, any
Additional Bonds then outstanding and the proAosed
Additional Bonds, provided, however, such amount
shall not be required to exceed the maximum amount
permitted to be held and invested without yield
restrictions under Section 148 of the Internal
Revenue Code of 1986, as amended, and applicable
regulations of the United States Treasury
Department relating to Sections 103(b) and 148 of
said Code. Any such required increase shall be
provided for either by credit made from current
funds of the Water System then available, from the
proceeds from the sale of Additional Bonds or by
equal monthly credits from the Blair Water System
Fund made in such amounts so that the required
amount shall be accumulated in a period of not
more than five years. Any ordinance providing for
the issuance of Additional Bonds may provide for a
reduction in the amount required to be maintained
in the Debt Service Reserve Account after the 1992
Bonds or any issue of Additional Bonds are no
longer outstanding.
(e) RENEWAL AND REPLACEMENT ACCOUNT - Upon the
issuance of the 1992 Bonds, the City shall
maintain in the Renewal and Replacement Account
previously established by ordinance the amount of
$100,000, which amount shall represent the
required balance to be maintained. Monies
credited to the Renewal and Replacement Account
shall be applied from time to time, at the
direction of the Mayor and Council, to make
improvements to or renewals, replacements and
repairs for the Water System. Whenever monies are
expended from the Renewal and Replacement Account
for such purposes and the amount credited thereto
is reduced below the then required balance,
monthly credits in the amount of $1,700 to said
account shall commence and continue to be made
until said account has been restored to the
required balance. Said monthly credits shall be
made from monies in the Blair Water System Fund
after the credits required in the foregoing
paragraphs 12(b), 12(c) and 12(d) have been made
for each month. Any ordinance authorizing the
issuance of Additional Bonds may provide for an
increase in the required balance and for payments
to be made to said account. The City may from
available funds in the Surplus Account make
credits in advance to satisfy the monthly credits
described above in this subsection 12(e).
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(f)
SURPLUS ACCOUNT - Monies from the Blair Water
System Fund remaining after the credits required
in the foregoing paragraphs (b), (c), (d), and (e)
shall be credited to the Surplus Account. Monies
in the Surplus Account may be used to make up any
deficiencies in the preceding Accounts, to retire
any of the 1992 Bonds, or any Additional Bonds
prior to their maturity, to pay principal of and
interest on any junior lien water system revenue
bonds or notes or for any other lawful purpose of
the City as directed by the Mayor and City
Council.
The provisions of this Section shall require the City to maintain
a set of books and records in accordance with such accounting
methods and procedures as are generally applicable to municipal
utility enterprises, which books and records shall show credits to
and expenditures from the several Accounts required by this
Section. Except as specified below for the Debt Service Reserve
Account, the City shall not be required to establish separate bank
or investment accounts for said Accounts. Monies credited to the
Debt Service Reserve Account shall, if maintained in a demand or
time deposit account be kept in a separate account and not
commingled with other City or Water System funds. If invested,
monies credited to the Debt Service Reserve Account may be
commingled with other City funds, including Water System funds, so
long as the City maintains books and records clearly identifying
the specific investments, or portions thereof, which belong to the
Debt Service Reserve Account.
Monies in any of the Accounts except the Debt Service Reserve
Account may be invested in permissible investments for a City of
the class to which the City of Blair belongs as of the time of
1
such investment. Monies in the Debt Service Reserve Account may
be invested in Deposit Securities or in certificates of deposit,
savings accounts or other interest bearing accounts in banks which
are members of the Federal Deposit Insurance Corporation, except
that whenever the amount so deposited exceeds the amount of the
F.D.I.C. insurance available thereon, the excess shall be secured
in the manner required by Section 16 -715 R.R.S. Neb. 1943.
Investments made from or attributable, in whole or in part, to the
Debt Service Reserve Account shall mature or be redeemable at the
option of the holder, without penalty, in not more than ten
years. Investments made from or attributable to the Bond Payment
Account shall mature or be redeemable at the option of the holder
by no later than the time monies are required for payments due
from such account. Income from or profit realized from investment
for any Account shall be credited to such Account until such
Account contains the amount then required to be therein, and
thereafter such income or profit shall be transferred to the Blair
Water System Fund and treated as other revenues from the operation
of the Water System.
Section 13. So long as any of the 1992 Bonds and any
additional bonds issued pursuant to this ordinance shall remain
outstanding and unpaid, the City covenants and agrees to
establish, revise, from time to time as necessary, and collect
such rates and charges for the water and water service furnished
from the Water System adequate to produce revenues and earnings
sufficient at all times:
(a) To provide funds to pay, when due, the principal of
and interest on the 1992 Bonds and any Additional
Bonds issued pursuant to this ordinance.
(b) To pay all proper and necessary costs of operation
and maintenance of the Water System and to pay for
the necessary and proper repairs, replacements,
enlargements extensions and improvements to the
Water System.
(c) To provide funds sufficient to make the credits into
the Accounts and at the times and in the amounts
required by Section 12 of this ordinance.
(d) To provide Net Revenues in each fiscal year adopted
by the City for the Water System, from (and
'including) and after the fiscal year ending July 31,
1994, in an amount not less than 1.20% of the Average
Annual Debt Service Requirements on the 1992 Bonds
and any Additional Bonds issued pursuant to this
ordinance.
Section 14. To provide funds for any purpose related to
the Water System, the City may issue Additional Bonds payable from
the revenues of the Water System having equal priority and on a
parity with the 1992 Bonds only upon compliance with the following
conditions:
(a) Such Additional Bonds shall be issued only pursuant
to an ordinance which shall provide for an increase
in the monthly credits into the Bond Payment Account
in amounts sufficient to pay, when due, the principal
of and interest on the 1992 Bonds and such Additional
Bonds and for such monthly credits to the Debt
Service Reserve Account as are required under
subsection 12(d).
(b) The City shall have complied with one or the other of
the two following requirements:
(1) The Net Revenues derived by the City from its
Water System for the fiscal year next preceding
the issuance of the Additional Bonds shall have
been at least equal to 1.25 times the Average
Annual Debt Service Requirements of the 1992
Bonds and. any Additional Bonds, both as then
outstanding, and of the proposed Additional
Bonds; or
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(2) The City shall have received a projection
made by a consulting engineer er firm of,
consulting engineers or by a certified public
accountant or firm of certified public
accountants (either one of which shall be
recognized as having experience and expertise
in municipal utilities systems) projecting
that the Net Revenues of the Water System in
each of the three full fiscal years after the
issuance of such Additional Bonds will be at
least equal to 1.25 times the Average Annual
Debt Service Requirements of the 1992 Bonds
and any Additional Bonds, both as then
outstanding, and of the proposed Additional
Bonds. In making such projections the
consulting engineer or accountant shall use
as a basis the Net Revenues of the Water
System during the last fiscal year for which
an independent audit has been prepared and
shall adjust such Net Revenues as follows:
(a) to reflect changes in rates which have
gone into effect since the beginning of the
fiscal year for which the audit was made, (b)
to reflect such engineer's or accountant's
estimate of the net increase over or net
decrease under the Net Revenues of the Water
System for the fiscal year for which the
audit was made by reason of: (i) changes of
amounts payable under existing contracts for
services; (ii) additional general income from
sales to customers under existing rate
schedules for various classes of customers or
as such schedules may be revised under a
program of changes which has been adopted by
the Mayor and Council of the City; (iii)
projected revisions in costs for labor,
wages, salaries, machinery, equipment,
supplies and other operational items; (iv)
revisions in the amount of service to be
supplied and any related administrative or
other costs associated with such increases
due to increased supply from acquisition of
any new facility; (v) anticipated receipts
from service to any additional customer or
customers for the Water System; (vi) such
other factors affecting the projections of
revenues and expenses as the consulting
engineer or accountant deems reasonable and
proper. Annual debt service on any proposed
Additional Bonds to be issued may be
estimated by the consulting engineer or
certified public accountant in projecting
Average Annual Debt Service Requirements, but
no Additional Bonds shall be issued requiring
any annual debt service payment in excess of
the amount so estimated by the consulting
engineer or certified public accountant in
any final projections furnished to the City.
For purposes of any such determination with respect to or based
upon the fiscal year ending July 31, 1993, the $290,000
appropriated by the Mayor and Council in the budget for the fiscal
year commencing August 1, 1992 shall be deemed part of Net
Revenues, whether or not received and credited to the Blair Water
System Fund. If the City shall find it desirable it shall also
have the right when issuing Additional Bonds to combine with its
Water System any other utilities of the City authorized to be
combined under Sections 19 -1305 through 19 -1308 or 18 -1803 through
18 -1805 R.R.S. Neb. 1943, and to cause all of the revenues of such
combined utilities systems to be paid into the Blair Water System
Fund, which fund may be appropriately redesignated, and to provide
that all of the 1992 Bonds and any Additional Bonds previously
issued, both as then outstanding, and the proposed issue of
Additional Bonds shall be payable from the revenues of such
combined utilities and shall stand on a parity and in equality as
to security and payment, provided, however, no utility shall be
combined with the Water System as contemplated in this paragraph
unless the City is current with all the payments required to be
made into the Accounts created in Section 12, the conditions of
subsection 14(a) shall have been satisfied and the Net Revenues of
the combined utilities systems shall satisfy one or the other of
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the requirements for Additional Bonds provided in subsection 14(b)
above. For purposes of meeting such requirements, the definition
of Net Revenues shall be altered to include the gross revenues of
the additional utility or utilities and to take into consideration
ordinary expenses of operating and maintaining the additional
utility or utilities. In making any projections the consulting
engineer or certified public accountant shall take into
consideration the factors described in 14(b)(2) above with respect
to such additional utility or utilities. Net Revenues of the
additional utility or utilities shall be based upon the report or
reports of independent certified public accountants in the same
manner as is required under subsection 14(b) above.
Section 15. The City may issue refunding bonds, which shall
qualify as Additional Bonds under this Section 15, to refund any
1992 Bonds or Additional Bonds without compliance with the
provisions of subsection 14(b) above, provided that, if any such
1992 Bonds or Additional Bonds are to remain outstanding after the
issuance of such refunding bonds, the principal payments due in
any calendar year in which those bonds which are to remain
outstanding mature, or in any calendar year prior thereto, shall
not be increased over the amount of such principal payments due in
such calendar years immediately prior to such refunding.
The City may also issue refunding bonds which shall qualify as
Additional Bonds of equal lien to refund any 1992 Bonds or
Additional Bonds then outstanding, provided, that, if any 1992
Bonds or Additional Bonds then outstanding are to remain
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outstanding after the application of the proceeds of the refunding
bonds to the payment of the bonds which are to be refunded, such
issuance must comply with the Net Revenues test set forth in
Subsection 14(b)(1) of this ordinance and, if the proceeds of such
refunding bonds are not to be applied immediately to the
satisfaction of the bonds which are to be refunded, then such
refunding bonds must provide by their terms that they shall be
junior in lien to all 1992 Bonds and any Additional Bonds
outstanding at the time of issuance of such refunding bonds until
the time of application of their proceeds to the satisfaction of
the bonds which are to be refunded. In computing Average Annual
Debt Service Requirements to show compliance with said Net
Revenues test for such refunding bonds, all payments of principal
and interest due on such refunding bonds from time of their
issuance to the time of application of the proceeds of such
refunding bonds to the satisfaction of the bonds which are to be
refunded shall be excluded from such computation to the extent
that such principal and interest are payable from sources other
than the revenues of the Water System, such as bond proceeds or
investment earnings on bond proceeds, or from monies in the
Surplus Account and all payments of principal and interest due on
the bonds which are to be refunded from and after the time of such
application shall also be excluded. For purposes of this
paragraph of this Section 15, the time of application of the
proceeds of the refunding bonds to the satisfaction of the bonds
which are tolbe refunded shall be the time of deposit with the
paying agent for such bonds which are to be refunded pursuant to
Section 10 -126, R.R.S. Neb. 1943, (or any successor statutory
provision thereof) or the time when such bonds which are to be
refunded under the terms of their authorizing ordinance or
ordinances are no longer deemed to be outstanding, whichever
occurs sooner.
Section 16. The City hereby covenants and agrees that so long
as any of the 1992 Bonds and any Additional Bonds are outstanding,
it will not issue any bonds or notes payable from the revenues of
the Water System except in accordance with the provisions of this
ordinance, including Sections 14 and 15, provided, however, the
City reserves the right to issue bonds or notes which are junior
in lien to the 1992 Bonds and any such Additional Bonds with the
principal and interest of such bonds or notes to be payable from
monies credited to the Surplus Account as provided in subsection
12(f). The term "Additional Bonds" as used in this ordinance
refers only to such bonds as are payable from the revenues of the
Water System on a parity with the 1992 Bonds and are issued in
accordance with the terms of said Sections 14 and 15.
Section 17. So long as any 1992 Bonds or Additional Bonds are
outstanding, the City hereby covenants and agrees as follows:
(a) The City will maintain the Water System in good
condition and will continuously operate the same in
a reasonable and efficient manner, and the City will
punctually perform all the duties with reference to
said system required by the Constitution and
statutes of the State of Nebraska, but this covenant
shall not prevent the City from discontinuing the
use and operation of all or any portion of the Water
System so long as the revenues derived from the
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City's ownership of the properties constituting the
Water System shall be sufficient to fulfill the
City's obligations under Section 13 of this
ordinance.
(b) The City will not grant any franchise or right to
any person, firm or corporation to own or operate a
water system in competition with that owned by the
City.
(c) The City will maintain insurance on the property
constituting the Water System (other than such
portions of the system as are not normally insured
against loss by casualty) in the amounts and against
the risks customarily carried by similar utilities,
but including fire and extended coverage insurance
in an amount which would enable the City . to repair,
restore or replace the property damaged to the
extent necessary to make the Water System operable
in an efficient and proper manner to carry out the
City's obligations under this ordinance. The Mayor
and Council shall annually, within one month after
the end of each fiscal year adopted by the City for
the Water System examine the amount of insurance
carried with respect to the Water System and shall
evidence approval of such insurance by resolution.
The proceeds of any such insurance received by the
City shall be used to repair, replace or restore the
property damaged or destroyed to the extent
necessary to make the Water System operable in an
efficient and proper manner, and any amount of
insurance proceeds not so used shall be credited to
the Surplus Account. In the event of any such
insured casualty loss, the City may advance funds to
make temporary repairs or provide for an advance on
costs of the permanent repair, restoration or
replacement from the Operation and. Maintenance
Account and any such advances shall be repaid from
insurance proceeds received.
(d) The City will keep proper books, records and
accounts separate from all other records and
accounts in which complete and correct entries will
be made of all transactions relating to the Water
System. The City will have its operating and
financial statements relating to the Water System
audited annually by a certified public accountant or
firm of certified public accountants. The City will
furnish to the original purchaser of the 1992 Bonds
and to the original purchaser or purchasers of each
series of Additional Bonds issued hereunder, within
four months after the end of each fiscal year of the
Water System, a copy of the financial statements of
the Water System and the report thereon of th
certified public accountants.
(e) The City shall cause each person handling any of the
monies in the Blair Water System Fund to be bonded
by an insurance company licensed to do business in
Nebraska in an amount or amounts sufficient to cover
at all times the maximum amount of money belonging
to the Water System in the possession or control of
any such person. The amount of such bond or bonds
shall be fixed by the Mayor and Council and the
costs thereof shall be paid as an operating and
maintenance expense from the Operation and
Maintenance Account.
(f) So long as the City is current with all payments or
credits required to be made under Section 12 hereof
and is also in compliance with the covenants of
Section 13 hereof, the City may pay for water
service used by it at such rate or rates as shall be
determined by the Mayor and Council. In the event
that the City is not in compliance with the
provisions of said Sections 12 and 13 hereof, the
City shall be required to pay for water service used
by it at the rate or rates applicable to such usage
as fixed by the City's water rate ordinances then in
effect.
Section 18. The City's obligations under this ordinance and the
liens, pledges, covenants and agreements of the City herein made or
provided for, shall be fully discharged and satisfied as to the 1992
Bonds or any Additional Bonds issued pursuant to this ordinance and
any such bonds shall no longer be deemed outstanding hereunder if
such bonds shall have been purchased and cancelled by the City, or
when 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 the Paying. Agent and
Registrar, or with . a national or state bank having trust powers or
-35-
trust company, in trust solely for such payment (1) sufficient money
to make such payment deposited in a bank account or bank accounts
which are fully insured by insurance of the Federal Deposit
Insurance Corporation and /or (2) Deposit Securities in such amount
and bearing interest at such rates and payable at such time or times
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 given notice of redemption of
such bonds as provided by law or made irrevocable provision for the
giving of such notice. Any such money so deposited with a bank or
trust company or the Paying Agent and Registrar may be invested and
reinvested in Deposit Securities at the direction of the City, and
all interest and income from such Deposit Securities in the hands of
such bank or Paying Agent and Registrar in excess of the amount
required to pay principal of and interest on the bonds for which
such monies were deposited, shall, be paid over to the City as and
when collected.
For purposes of this Section 18, any Deposit Securities shall be
noncallable or callable only at the option of the holder.
Section 19. The terms and provisions of this ordinance do and
shall constitute a contract between the City of Blair and the
registered owners of the 1992 Bonds and no changes, variations or
alterations of any kind, except for changes necessary to cure any
ambiguity, formal defect or omission, shall be made to this
ordinance without the written consent the registered owners of
two - thirds (2 /3rds) in principal amount of the 1992 BonE1s then
outstanding, provided, however, that neither the principal and
interest to be paid upon any bond or the maturity date of any bond
shall be changed without the written consent of all registered
owners of the 1992 Bonds then outstanding affected thereby. The
registered owner of any 1992 Bond or Bonds may, either in law or in
equity, by suit, action, mandamus or other proceedings, enforce or
compel performance of any and all of the acts and duties required by
this ordinance, and any court of competent jurisdiction may, after
default in payment of principal or interest or performance of any
other obligations under this ordinance, on application
holder, appoint a receiver to take charge of the Water
operate the same and apply the earnings thereof to the
the principal of and interest on bonds issued pursuant
ordinance in accordance with the provisions hereof.
Section 20. The Mayor and City Clerk of the City are hereby
authorized to do all things and execute all such documents as may by
them be deemed necessary and proper to complete the issuance and
sale of the 1992 Bonds as contemplated by this ordinance. The
Preliminary Official Statement is hereby approved and the Mayor and
City Clerk are hereby authorized to approve on behalf of the City a
final Official Statement with any changes deemed appropriate by them
Section 21. The City hereby covenants to the purchasers and
holders of the 1992 Bonds hereby authorized that it will make no use
of any such
System and
payment of
to this
of the proceeds of said bond issue, including monies held in any
sinking fund for the 1992 Bonds, which would cause the 1992 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 1992 Bonds.
The City hereby designates the 1992 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 1992.
Section 22. If any section, paragraph, clause or provision of
this ordinance shall be held invalid, the invalidity of such
section, paragraph, clause or provision shall not affect any of the
other provisions of this ordinance.
Section 23. This ordinance shall be published in pamphlet form
and shall be in force and take effect from and after its passage and
approval according to law.
PASSED AND APPROVED this 22ND day of SEPTEMBER , 1992.
ATTEST:
City Clerk. ALICE I. DIEDRICHSEN
(SEAL)
-38-
STATE OF NEBRASKA
WASHINGTON COUNTY
) ss
ALICE I. DIEDRICHSEN, hereby certifies that she is the dul3
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was duly passec
and adopted at a regular meeting of the Mayor and City Council of saic
City held on the 22nd day of September, 1992.
l .Y J, }J P teJ O/I' Ii /./D i 1. 41,
ALICE I.4DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1614
AN ORDINANCE SETTING AND ESTABLISHING SPEED LIMITS ALONG STATE
HIGHWAY ROUTES WITHIN THE MUNICIPALITY, REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
WHEREAS, the State of Nebraska Department of Roads is re-
quired by state statute to keep an official file of backup docu-
ments regarding speed zoning along state highway routes through
the City of Blair; and,
WHEREAS, the Department of Roads has recommended and re-
quested all of the various ordinances setting and establishing
speed limits along such state highway routes within the munici-
pality be combined into one ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA:
SECTION 1. The following speed limits be hereby set, estab-
lished, and adopted for and along the specified streets and
roadways or parts thereof.
A. On Highway US -30 as follows:
From the south line of the SE1 /4 NW1 /4 of Section 23,
Township 18 North, Range 11 East to Clark Street 45 MPH
From Clark Street to Washington Street 35 MPH
From 19th Street to 13th Street 25 MPH
From 13th Street to 9th Street 30 MPH
From 9th Street to the bridge located 1200 feet west of
East 1st Street 40 MPH
From the bridge located 1200 feet west of East 1st Street
to 500 feet east of River Road 50 MPH
B. On Highway N -91 as follows:
From 50 feet east of the Chicago & Northwestern grade
crossing to 850 feet west of 25th Street 45 MPH
From 850 feet west of 25th Street to 19th Street 35 MPH
C. On Highway US-75 as follows:
From Washington County Road Number P35 to 450 feet south
of Butler Street 45 MPH
From 45-0 feet south of Butler Street to Washington Street 35 MPH
From Washington Street to 22nd Street 35 MPH
From 22nd Street to 300 feet northwest of 25th Avenue . 45 MPH
School Speed Zone from 200 feet south of Butler Street to
200 feet north of South Street 25 MPH
This School Speed Zone is to be in effect from 7:30 o'clock A.M.
to 8:45 o'clock A.M. and from 3:00 o'clock P.M. to 4:00 o'clock
P.M. on school days only.
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 following the passage and publication hereof as required
by law.
ATTEST:
PASSED AND APPROVED thi- 22ND day of S= ptember, 1992.
ME JENNY, v•Y•R
CSC A A..e-Ztz e--'
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 22ND day of September, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
DEFEATED 3RD REAJIM, 10/27/91
ORDINANCE NO. 1615
AN ORDINANCE AMENDING SECTION 4 -302 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, SUCH AMENDMENT GENERALLY PROVIDING FOR A
COMPLETE BAN OF OPEN BURNING WITHIN THE CITY OF BLAIR, EXCEPT BY
THE FIRE DEPARTMENT FOR PRACTICE, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. That Section 4 -302 of the Municipal Code of
the City of Blair, Nebraska, is hereby amended to read as fol-
lows:
Sec. 4 -302 GARBAGE AND REFUSE: BURNING PROHIBITED: EXCEPTIONS.
A. It shall be unlawful to burn garbage, tree and shrub trim-
mings, leaves, grass, weeds, garden vegetation, or other refuse
and combustible material within the limits of the City either in
open and unconfined or closed burning on private or public
property, except that the Chief of the Fire Department and the
City Administrator may issue a special permit for the burning of
buildings or structures which have either been condemned or which
are being burned in a, practice exercise for the Fire Department
of the City. Such permitted burning shall take place with at
least one (1) person designated by the Fire Chief and his agents
in attendance.
B. It shall be unlawful to keep, store or maintain in any
building or on any premises, any waste, refuse, debris, rubbish,
garbage or other loose combustible material, except recognized
and permitted fuels, in such manner or in such quantities as will
substantially and excessively increase the danger of fire on such
premises and endanger adjacent premises within the municipal
limits.
C. Notwithstanding any other provisions of this Code, burning of
refuse may be allowed in commercial or industrial incinerators
which shall meet the following requirements:
1. All incinerators shall be provided with approved
feed and draft doors.
2. All stack, vents, port and other openings shall
be provided with steel mesh covers to retain
burning embers and flying ash, and the openings
in said screen mesh shall not be greater than
0.50 square inches. Ash space, properly confined
to prevent scattering of hot ashes shall be
provided in incinerators in an amount equal to or
more than one - fourth (1/4) of the combustion
volume of the device, and adequate provisions for
removal of ashes shall be provided.
3. All incinerators shall be provided with draft
doors or protected openings of sufficient area to
insure proper combustion in the device. Air
shall be admitted under the fuel bed in all types
of incinerators in proper amount and further
provisions made that a minimum of twenty -five
(25 %) per cent of the total air of combustion be
admitted above the fire bed to insure complete
burning of gases and to destroy noxious odors
arising from such combustion.
4. Grates, when used, shall be provided with a
minimum of fifty (50 %) per cent openings and
shall be so constructed to retain all burning
embers. Air openings around or above fuel bed
shall have an area of not less than twenty -five
(25 %) per cent at the effective grate opening.
5. Construction and fire safety provisions of
incinerators which are an integral part of a
building or structure shall conform to the
standards prescribed by the National Board of
Fire Underwriters and the American Gas
Association's Specifications for gas burning
equipment.
6. Incinerators shall be sized in such manner as to
be adequate to handle the disposal problem to
which they are applied. Grossly undersized
incinerators which are a nuisance in operation
may be condemned and removed.
7. Incinerators as defined under this Section shall
be those totally enclosed within the building or
structure, and specifically shall exclude port-
able units such as wire basket, light metal and
light refractory and further specifically exclud-
ing "burn barrels ".
8. No private or home incinerators shall be allowed
hereunder and specifically wood burning fire
places for decorative or heating purposes shall
not be considered as incinerators.
SECTION 2. Ordinance No. 1311 in conflict herewith and
all other ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect on January 1, 1993, following its passage and approval as
provided by law.
Passed and approved this day of , 1992.
- JEROME JENNY, MAYOR
ATTEST:
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
1992.
day of
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE REZONING TAX LOT 205 IN SECTION 7, TOWNSHIP 18
NORTH, RANGE 11 EAST OF THE 6TH P.M., CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, FROM ML - LIGHT INDUSTRIAL AND MANUFACTURING
DISTRICT TO RM - RESIDENTIAL MEDIUM 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 205 in Section 7, Township 18 North,
Range 11 East of the 6th P.M., City of Blair, Washington County,
Nebraska, from ML - Light Industrial and Manufacturing District
to - RM Residential Medium 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 estab-
lished hereby.
SECTION 3. All ordinances or parts of ordinances in con-
flict 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:
�� 6t�in
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
ORDINANCE NO. 1616
Passed and approved this
13TH day of October, 1992.
e;,42)..0 _-I'
E' JENNY ,r YOR
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 13TH day of October, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
by law.
WHEREAS,
ORDINANCE NO. 1617
AN ORDINANCE CONVEYING TAX LOT 228 IN SECTION 7, TOWNSHIP 18
NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRAS-
KA, TO KELLY RYAN EQUIPMENT COMPANY, 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:
as a result of an inadvertent error the City of
Blair acquired an interest in and to said Tax Lot 228 in Section
7, Township 18 North, Range 12 East of the 6th P.M., Washington
County, Nebraska, and it is necessary to correct title by recon-
veying any interest the City of Blair may have in such tax lot to
Kelly Ryan Equipment Company.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL r
OF THE CITY OF BLAIR, NEBRASKA:
SECTION 1. That the real estate described as Tax Lot 228 in
Section 7, Township 18 North, Range 12 East of the 6th P.M.,
Washington County, Nebraska, should be conveyed by the City
Blair, Nebraska, to Kelly Ryan Equipment Company.
SECTION 2. 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 3. All ordinances or parts of ordinances in con-
flict 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
PASSED AND APPROVED this
27th day of October, 1992.
OME JENNY,,.4XYOR
ATTEST:
/
x,-)t,/t d,ietizi
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OP 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 October, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE AMENDING SECTION 801.04 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR ADDING ANTENNAS AND TRANSMITTING STRUCTURES AS
AN EXCEPTION BY CONDITIONAL USE, AMENDING SECTION 801.08 PROVID-
ING FOR ADDITIONAL SET BACK REQUIREMENTS FOR ANTENNAS AND TRANS-
MITTING STRUCTURES, AMENDING SECTION 801.10 PROVIDING FOR MAXIMUM
HEIGHT OF ANTENNAS AND TRANSMITTING STRUCTURES, AMENDING SECTION
901.04 ADDING ANTENNAS AND TRANSMITTING STRUCTURES AS AN EXCEP-
TION BY CONDITIONAL USE, AMENDING SECTION 901.08 PROVIDING FOR
ADDITIONAL SET BACK REQUIREMENTS FOR ANTENNAS AND TRANSMITTING
STRUCTURES, AMENDING SECTION 901.10 PROVIDING FOR MAXIMUM HEIGHT
OF ANTENNAS AND TRANSMITTING STRUCTURES, AMENDING SECTION 902.03
ADDING ANTENNAS AND TRANSMITTING STRUCTURES AS AN EXCEPTION BY
CONDITIONAL USE, AMENDING SECTION 902.08 PROVIDING FOR ADDITIONAL
SET BACK REQUIREMENTS FOR ANTENNAS AND TRANSMITTING STRUCTURES;
AMENDING SECTION 902.10 PROVIDING FOR MAXIMUM HEIGHT OF ANTENNAS
AND TRANSMITTING STRUCTURES, 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 801.04 of the Zoning Regula-
tions of the City of Blair, Nebraska, 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.
(9) Antennas and transmitting structures.
SECTION 2. That Section 801.08 of the Zoning Regula-
tions of the City of Blair, Nebraska, is hereby amended to read
as follows:
ORDINANCE NO. 1618
(1) Mobile Homes.
(2) Antennas and transmitting structures.
SECTION 5. That Section 901.08 of the Zoning Regula-
tions of the City of Blair, Nebraska, is hereby amended to read
as follows:
901.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less
than a depth of one - hundred (100) feet from the center of a
Federal Aid - Primary or Federal Aid- Secondary designated street or
highway or thirty -five (35) feet from the property line,
whichever is greater. On all other streets or highways there
shall be a minimum front yard of not less than a depth of fifteen
(15) feet from the property line where there are curbs and
gutters and thirty (30) feet from the property line where there
are no curbs and gutters, provided that where a lot is abutting
on property in any R Residential District and fronting on the
same street, there shall be a minimum front yard of twenty (20)
feet. These yard requirements shall apply to any yard abutting a
Federal Aid- Primary or Federal Aid - Secondary designated street or
highway regardless of the lot being an interior or corner lot.
(2) Rear yard: The minimum rear yard abutting an R Residential
District(s) shall be twenty -five (25) feet.
(3) Side yard: The minimum side yard abutting an R Residential
District(s) shall be twenty -five (25) feet.
(4) There shall be a minimum side yard of not less than five (5)
feet.
(5) An additional set back requirement to all other minimum
rear, side, and front yard requirements for antennas and trans-
mitting structures shall be a minimum set back requirement equal
to the height of said antenna or transmitting structure. Addi-
tionally no antenna or transmitting structure shall be located
within a distance equal to the height of the tower of any utility
transmission lines serving the premises other than lines exclu-
sively serving the premises upon which the tower is located.
SECTION 6. That Section 901.10 of the Zoning Regula-
tions of the City of Blair, Nebraska, is hereby amended to read
as follows:
901.10 MAXIMUM HEIGHT: No structure shall exceed seventy -five
(75) feet except an antenna or transmitting structure.
SECTION 7. That Section 902.03 of the Zoning Regula-
tions of the City of Blair, Nebraska, is hereby amended to read
as follows:
conflict herewith are hereby repealed.
SECTION 11. This ordinance shall be in full force and
effect from and after its passage and approval as provided by
law.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
SECTION 10. All ordinances or parts of ordinances in
Passed and approved this
)
)ss
JErR E 3 NN M
(/ 9 1 M -
day of November, 1992.
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 107A day of November, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
law.
ATTEST:
(SEAL)
ORDINANCE NO.
1619
AN ORDINANCE AMENDING SECTION 604 OF THE SUBDIVISION REGULATIONS
OF THE CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR THE
CONSTRUCTION OF SIDEWALKS IN ALL APPROVED SUBDIVISIONS AT THE
SAME TIME AS CONSTRUCTION OF STREETS THEREIN, 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 604 of the subdivision regula-
tions of the City of Blair is hereby amended to read as follows:
SECTION 604 SIDEWALKS
Sidewalks shall be provided in conformance with Schedule B of
these regulations and shall be constructed of portland cement
concrete or other acceptable materials as approved by the City
Engineer. Sidewalk thickness shall be not less than four (4)
inches. Sidewalks in all approved subdivisions shall be con-
structed at the same time as the construction of the streets
therein. In the case of preexisting subdivisions or other tracts
wherein sidewalks were not required at the time of the construc-
tion of the street, sidewalks shall be constructed on said lot or
parcel at the time any improvement is made thereon, which such
improvement requires the issuance of a building permit.
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
Passed and approved this 24th day of November , 1992
ALICE I. DIEDRICHSEN, CITY CLERK
J70 : E JENNY, 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 24th day of November , 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO 1620
AN ORDINANCE AMENDING SECTION 8 -501 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, ESTABLISHING AND ADOPTING SPECIFIC GRADE
REQUIREMENTS FOR THE CONSTRUCTION OF SIDEWALKS, AMENDING SECTION
8 -502 ESTABLISHING THE SPECIFIC LOCATION OF SIDEWALKS, 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 8 -501 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
Sec. 8 -501 CONSTRUCTION: GRADE. SUPERVISION. All sidewalks
hereafter constructed within the City shall be laid and con-
structed at a grade not less than four (4) and not more than six
(6) inches above the grade level of the top of the curb abutting
the sidewalk. All sidewalks shall have positive drainage toward
the adjacent street and the slope side to side of said sidewalks
shall be not less than one (1) inch per four (4) feet nor more
than two (2) inches per four (4) feet. Said sidewalks shall also
conform to any other requirements established by the municipality
and shall be laid under the supervision of the Director, of Public
Works. All construction of sidewalks shall comply with the
requirements and guidelines of the Americans With Disability Act.
(Ref. 16 -661 RS Neb.)
SECTION 2. That Section 8 -502 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
Sec. 8 -502 LOCATION, WIDTH. All sidewalks hereafter constructed
in any part of the City zoned as commercial or industrial shall
be laid from the curb of the street to the line of the abutting
lot unless otherwise ordered by the Mayor and Council. All
sidewalks hereafter constructed in any part of the City zoned as
a residential district shall be not less than four (4) feet wide
and shall be constructed a distance of eight (8) feet from the
street curb to the front of the sidewalk. In the event existing
sidewalks do not conform in width or location, subject to approv-
al in writing from the Director of Public Works, such
construction may conform in width and location to previously
constructed sidewalks provided, however, all construction shall
comply with Americans With Disability Act grade requirements and
guidelines as then may be in effect.
SECTION 3. All ordinances or parts of ordinances in con-
flict 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:
Passed and approved this
ALICE I. CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
24th day of November, 1992.
.,..-06-82
JErME JENNY, MAYO
•
)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 24th day of November, 1992.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO, 1621
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM FOR THE
CITY OF BLAIR, ESTABLISHING THE TERMS AND CONDI THEREOF,
CREATING AND ESTABLISHING A CITIZEN ADVISORY REVIEW COMMITTEE TO
REVIEW THE FUNCTION AND PROGRESS OF THE ECONOMIC DEVELOPMENT
PROGRAM AND ADVISE THE MAYOR AND CITY COUNCIL THEREON, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE IS IN FULL FORCE AND EFFECT.
Whereas, pursuant to Sec. 18 -2701 et seq. known as the Local
Option Municipal Economic Development Act passed and approved by
the Nebraska State Legislature allowed for the submission of the
approval of an Economic Development Plan to the registered voters
of the municipali :y; and,
Whereas, the question as to whether the City of Blair should
establish an Economic Development Program was submitted to said
voters November 3, 1992, pursuant to the terms and conditions of
Resolution No. 1992-38 ; and,
Whereas,
the proposed Economic Development Program was
approved at such election.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUN-
CIL OF THE CITY Of BLAIR, NEBRASKA:
SECTION 1. An Economic Development Program for the City of
Blair is hereby established to create jobs /generate employment
opportunities within the labor market of Blair and Washington
County, to attract new capital investment to the community, to
broaden the tax base and provide economic diversification to
ensure economic stability and vitality for the community of Blair
and the surrounding area.
SECTION 2. A qualifying business under the Blair Economic
Development Plan shall mean any corporation, partnership, or sole
proprietorship which derives it principal source of income from
any of the following: The manufacturer of articles of commerce:
the conduct of research and development; the processing, storage,
transport, or sale of goods or commodities which are sold or
traded in interstate commerce; the sale of services in interstate
commerce: headquarters facilities relating to eligible activities
as set forth in this ordinance; telecommunications activities; or
tourism related activities.
If a business which would otherwise be a qualifying business
employs people and carries on activities in more than one city in
Nebraska or will do so at any time during the first year follow-
ing its application for participation in an economic development
program, it shall be a qualifying business only if, in each such
city, it mainta.ns employment for the first two years of its
participation in the economic development program at a level not
less than its average employment in such city over the twelve
month period preceding participation.
SECTION 3. `City" shall mean the City of Blair, Nebraska.
SECTION 4. Financial institution mean a state or federally
chartered bank, a capital stock state building and loan associa-
tion, a capital stock federal savings and loan association, a
capital stock federal savings bank, a federally insured capital
stock industrial loan and investment company, and a capital stock
state savings bank.
SECTION 5. Funds under the Blair Economic Development
Program may be used for any project or program utilizing funds
derived from local sources of revenue for the purpose of provid-
ing direct or indirect financial assistance to a qualifying
business or the payment of related costs and expenses or both,
without regard to whether that business is identified at the time
the project or p =ogram is initiated or is to be determined by
specified means at some time in the future. The use of the funds
may include but shall not be limited to the following activities:
direct grants to qualifying businesses for fixed assets or work-
ing capital or both; loan guarantees for qualifying businesses;
grants for publiia works improvements which are essential to the
location or expansion of a qualifying business; grants for job
training; the purchase of real estate, options for such pur-
chases, and the renewal or extension of such options; and pay-
ments for salar_es and support of city staff to implement the
economic development program or the contracting of such to an
outside entity.
SECTION 6. There is hereby created a Citizen Advisory
Review Committee which shall review the functioning and progress
of the Economic Development Program and to advise the Mayor and
City Council of Blair with regard to the program. The Committee
shall consist of five (5) resident taxpayers of Blair. Said
members
the City Council.
shall be appointed by the Mayor subject to approval by
A. At least one member of the Committee shall have
expertise or experience in the field of business finance
or accounting.
B. The Blair City Administrator shall be responsible
for the administration of the Economic Development
Program and shall serve as an ex officio member of the
Citizen Advisory Review Committee. Said City Adminis-
trator shall be responsible for assisting the Committee
and providing it with necessary information and advise
on the Economic Development Program.
C. The term of the members of the Citizen Advisory
Review Committee shall be for a period of three (3)
years and shall terminate on March 31, 1996. For cause,
any members of the Committee may be removed by the Mayor
and City Council.
D. No member of the Citizen Advisory Review Committee
shall be an elected or appointed official of the City,
an employee o:E the City, or an official or an employee
of any qualifying business receiving financial assist-
ance under the Economic Development Program or of any
financial institution participating directly in the
Economic Development Program.
E. The Citizen Advisory Review Committee shall meet not
less than quarterly. At least once in every six month
after the effective date of this ordinance the Committee
shall report to the Mayor and City Council on its find-
ings and suggestions at a public hearing called for that
purpose.
F. Members of the Citizen Advisory Review Committee in
their capacity as members and consistent with their
responsibilities as members may be permitted access to
business information received (1) by the City in the
course of its administration of the Economic Development
Program, which information would otherwise be confiden-
tial under Section 84- 712.05 R.R.S. Neb. or (2) by
agreement with a qualifying business participating in
the Economic Development Program, or (3) under an ordi-
nance of the City providing access to such records to
members of the Committee and guaranteeing the confiden-
tiality of business information received by reason of
its administration of the Economic Development Program.
Members of the Committee shall not divulge any such
confidential information to any other person or entity.
SECTION 7. Funding for the Economic Development Program is
hereby limited to revenues derived from the Sales and Use Tax in
the amount of one -half of one percent upon the same transactions
within the City pf Blair on which the State of Nebraska is au-
thorized to impose a tax. A separate Economic Development Fund
shall be establis;ied for such funds.
SECTION 8. The Economic Development Program shall be audit-
ed annually by an outside independent qualified private auditing
business. The auditing business shall not, at the time of the
audit or for an;T period during the term subject to the audit,
have any contractual or business relationship with any qualifying
business receiving funds or assistant under the Economic Develop-
ment Program or any financial institution directly involved with
a qualifying business receiving funds or assistance under the
Economic Development Program. The results of such audit . shall be
filed with the City Clerk -and shall be available for public
review during normal business hours.
SECTION 9. The Economic Development Plan as established
hereby shall be in existence for a period of three (3) years
commencing April 1, 1993, and shall terminate March 31, 1996.
The total amount of revenue to fund the Blair Economic Develop-
went Program for the term of the program shall not
million two hundred thousand dollars.
SECTION 10. The priority expenditure of funds
Economic Development Program shall be defraying or
cost of real estate sold to Cargill, Inc. for a
exceed one
under this
reducing the
wet corn milling
facility. Funds may also be used for eligible projects or pro-
grams for additional businesses which are expanding or which are
locating in Blair directly or indirectly as a result of Cargill's
project. Funds may also be used to provide infrastructure
sites for new or expanding businesses and may include, but shall
limited to streets, storm drainage, water mains and lines,
mains, gas lines, electric facilities or railroad exten-
Such infrastructure improvements and costs may extend
not be
sewer
sions.
beyond the corporate limits of Blair. Funds may also be
construct facilities, structures, and/or appurtenance for
business or industry and such facilities and structures shall
entity to administer the Economic Development Program.
to
used to
new or
proposed development or on a speculative basis to attract new
not
be required to be within the corporate limits of Blair. Funds
may be used for any eligible activities in addition to the fore-
going as set forth in Section 5 hereinabove.
SECTION 11. The City of Blair may contract with any outside
The
contractor shall be responsible for development procedures to
ensure the confidentiality of business information received from
applicants for financial assistance, including but not limited to
a restriction on the number of people with access to the files
with the contractor responsible for their safe keeping. The
procedures established by the contractor shall be subject to
approval by the Mayor and City Council.
SECTION 12. The contractor will review applications and
request for direct or indirect financial assistance in the order
in which they are received by the contractor. Application review
and approval or disapproval, by the contractor, shall be based on
project feasibility as determined by review of and the potential
future economic benefit to the community of Blair.
SECTION 13. Contractor shall be responsible for verifica-
tion of information in the applications of those eligible busi-
nesses which receive a recommendation for financial assistance.'
The contractor shall make such recommendations to the Mayor and
City Council and the Mayor and City Council shall have the final
approval of any financial assistance or on the purchase or sale
of land utilizing funds under the Economic Development Program.
SECTION 14. Any eligible business shall provide as part of
their application all financial and business information as
necessary to determine the viability of the proposed project(s).
SECTION 15. The contractor shall be responsible for proce-
dures to insure that all applicable laws, regulations, and re-
quirements are met by the City of Blair and the qualifying busi-
ness which receive assistance. Such procedures shall be subject
to review and approval by the Mayor and City Council.
A. The contractor shall have the responsibility of
general administration of the Economic Development
Program.
ATTEST:
B. Providing the Citizen Review Advisory Committee with
necessary information and advising the Committee on the
Economic Development Program.
C. Reviewing applications of qualifying businesses for
direct or indirect financial assistance and making
recommendations to the Mayor and City Council for their
action.
D. Tracking employment figures for the participating
businesses for two years if the business employs any
persons in any other Nebraska communities.
E. Additional responsibilities as determined by the
Mayor and City Council may be designated as necessary to
carry out the program or program changes as dictated by
changing project needs and economic conditions.
SECTION 16. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 17. This ordinance shall be in full force and
effect from and following the passage and publication hereof in
pamphlet form as required by law.
PASSED AND APPROVED this
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL )
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
9401 day of November, 1992.
JER 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 94 day of November, 1992.
62 11--LA , Lei
ALICE I. DIEDRICHSEN, CITY CLERK
sales
same
herein
ORDINANCE NO.
1622
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ADOPT AND IMPOSE
A SALES AND USE TAX EFFECTIVE ON AND AFTER APRIL 1, 1993, OF ONE -
HALF PERCENT UPON THE SAME TRANSACTION WITHIN THE CORPORATE
LIMITS OF THE CITY OF BLAIR ON WHICH THE STATE OF NEBRASKA IS
AUTHORIZED TO IMPOSE SUCH A TAX PURSUANT TO THE PROVISIONS OF THE
NEBRASKA REVENUE ACT OF 1967 AS AMENDED AND THE LOCAL OPTION
REVENUE ACT AS AMENDED; TO PROVIDE FOR THE ADMINISTRATION, AS-
SESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSI-
TION OF SUCH SALES AND USE TAX; 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 pursuant to the approval of the electors of
the City of Blair, Nebraska, at the general election held on
November 3, 1992, there is hereby adopted and imposed pursuant to
Section 77 -2701, et seq. R.R.S. Neb. known as the Nebraska Reve-
nue Act of 1967, as amended, and Section 77 27,142, et seq.
R.R.S. Neb. known as the Local Option Revenue Act, as amended, a
and use tax effective on and after April 1, 1993, of one-
half percent upon the same transactions within the corporate
limits of the City of Blair, Washington County, Nebraska, as the
may from time to time be extended, on which the State of
Nebraska is authorized to impose a tax pursuant to the provisions
of the aforementioned statutes of the State of Nebraska as the
same may be from time, to time amended.
SECTION 2. That said sales and use tax adopted and imposed
shall terminate on March 31, 1996, unless an extension
thereof is approved pursuant to the requirements of said Local
Option Revenue Act.
SECTION 3. The administration of the sales and use tax
imposed by this Ordinance, the making of returns for the
ascertainment and assessment thereof, the provisions for tax
claims and remedies, the laws governing consummation of sales,
penalties, and collection, and for the disposition and distribu-
tion of the taxes so imposed and collected shall be as provided
by Section 77- 207.01 et seq. R.R.S. Neb. and Section 27,142 et
seq., as amended, as approved by the electors of the City of
Blair at the general election held on November 3, 1992.
SECTION 4. All revenue collections from the imposition of
the sales and use tax adopted herein on the affected transactions
within the corporate limits of the City of Blair, Nebraska, and
any interest accruing on same shall be used only for the purposes
of funding the Blair. Economic Development Program as established
by Ordinance No. 1621 passed and adopted by the Mayor and City
Council of the municipality on November 24th , 1992.
SECTION 5. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 6. This ordinance shall be in full force and effect
from and following the passage and publication hereof as required
by law.
ATTEST:
ALICE I.: DIEDRICHSEN, CITY CLERK
(SEAL')-
PASSED AND APPROVED this 24th day of . NOVEGIEB, 1992.
l
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 NOVEMBER,
ALICE I. DIEDRICHSEN, CITY CLERK
1992.
ATTEST:
, ,�
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
ORDINANCE NO. 1693
AN ORDINANCE AMENDING SECTION 5 -404 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, SUCH AMENDMENT GENERALLY PROHIBITING THE
PARKING OF ANY VEHICLE ON THE PORTION OF ANY STREET WITHIN THE
MUNICIPALITY NOT USED FOR ACTUAL TRAVEL EXCEPT FOR THOSE PERSONS
WITH RESPONSIBILITY FOR MAINTENANCE THEREOF UNDER SECTION 8 -107,
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 -404 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as fol-
lows:
Sec. 5 -404 STREET PARKING. It shall be unlawful for any person
to park or leave standing any vehicle, whether attended or
unattended, on any street within the City where parking has been
so restricted by resolution of the governing body, or on any lot
or track of ground abutting upon any street or other thoroughfare
in the City between the lot line and curb line of said street
unless said vehicle is owned by or permitted to park thereon by
the person responsible for the maintenance of such area pursuant
to Section to 8 -107.
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 RTg day of DECEMBER -, 1992.
i — O .t om.
JERbME -JLNNY, MAY$
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 8TH day of DECEMBER , 1992.
ALICE I. DIEDRICHSEN, CITY CLERK