1993ORDINANCE NO. 1624
AN ORDINANCE REPEALING SECTION 10 -118 OF THE MUNICIPAL CODE,
WHICH SUCH REPEAL REMOVES A PROHIBITION OF PERSONS UNDER THE AGE
OF EIGHTEEN (18) REMAINING WITHOUT PARENT OR LEGAL GUARDIAN IN
ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES AT RETAIL, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 10 -118 of the Municipal Code which
reads as follows is hereby repealed.
Sec. 10 -118. ALCOHOLIC BEVERAGES: MINOR'S PRESENCE. It shall be
unlawful for any person or persons who own, manage, or lease an
establishment selling alcoholic beverages at retail to allow any
minor under the age of eighteen (18) years to frequent or other-
wise remain in the said establishment unless the said minor is
accompanied by his parent or legal guardian, and unless said
minor remains seated with, and under the immediate control of the
said parent or legal guardian.
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flict herewith are hereby repealed.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:
(SEAL)
PASSED AND APPROVED this( day of Jai• =ry, 1993.
ALICE I..DIEDRICHSEN, CITY CLERK
JEOIE JENNY, MAY S /'
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 26th day of January, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1625
AN ORDINANCE CREATING SECTION 3 -123 OF THE MUNICIPAL CODE PROHIB-
ITING UNSAFE PHYSICAL CONNECTIONS TO THE MUNICIPAL WATER DISTRI-
BUTION SYSTEM, REQUIRING CUSTOMERS OP THE MUNICIPAL WATER SYSTEM
REPORT POTENTIAL BACK FLOW HAZARDS TO THE MUNICIPALITY; AND
CREATING SECTION 3 -124 REQUIRING CUSTOMERS OF THE MUNICIPAL WATER
SYSTEM TO ALLOW INSTALLATION OF BACK FLOW PREVENTION DEVICES; RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT.
SECTION 1. Section 3 -123 of the Municipal Code is hereby
created to read as 'follows:
Sec. 3 -123. MUNICIPAL WATER: UNSAFE PHYSICAL CONNECTION TO WATER
DISTRIBUTION SYSTEM: PROHIBITED: POTENTIAL BACK FLOW HAZARDS:
CUSTOMER ASSESSMENT. No customer or other person shall cause,
allow, or create any physical connection between the municipal
water distribution system and any pipes, pumps, hydrants, tanks,
steam condensate returns, engine jackets, heat exchangers, other
water supplies or any other connection whereby potentially unsafe
or contaminating materials may be discharged or drawn into the
municipal water system.
At least one time every five (5) years, customers of the
municipal water distribution and supply system shall be required
to assess and report potential back flow and back siphonage
hazards to the Municipality on a form supplied by the Municipali
ty to the customer. The customer shall take any steps necessary
for protection of public health and safety as determined by the
Director of Public Works.
SECTION 2. Section 3 -124 of the Municipal Code is hereby
created to read as follows:
Sec. 3 -124. MUNICIPAL WATER: BACK FLOW PREVENTION DEVICES RE-
OUIRED: MUNICIPAL INSTALLATION AND MAINTENANCE: TESTING. A
customer of the Municipal Water Department may be required by the
Director of Public Works to install and maintain a properly
located back flow . prevention device at the customer's expense
appropriate to the potential hazards set forth in Title 179,
Nebraska Department of Health.
The Director of Public Works shall require the application
based on his opinion of whether such installation will protect
the municipal water distribution system from potential back flow
and back siphonage hazards.
Such customer shall annually certify to the Municipality
that the back flow prevention device has been properly tested and
is functioning properly. Any decision of the Director of Public
Works requiring installation and maintenance of a back flow
prevention device may be appealed to the City Council.
The installation of a properly located back flow prevention
device shall be installed at the time any new meter is installed
or at the time any existing meter is replaced.
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:
PASSED AND APPROVED this 6th day of J uary, 1993.
E JENNY, MA
ALICE 'I:AYTED CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies that she is the
duly appointed, qualified and acting City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed and approved at a regular meeting of the Mayor and City
Council of said City held on the 26th day of January, 1993.
aL ile, A t 4.4 -2.4 .) -
ALICE I. DIEDRICHSEN, CITY CLERK
ATTEST:
ORDINANCE NO. 1626
AN ORDINANCE AMENDING SECTION 902.10 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, INCREASING THE HEIGHT, FOR STRUCTURES
EXCEPT ANTENNA OR TRANSMITTING STRUCTURES, REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND, PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That Section 902.10 of the zoning regula-
tions of the City of Blair is hereby amended to read as follows:
902.10 MAXIMUM HEIGHT: No structure shall exceed two hundred -
fifty (250) feet except an antenna or transmitting structure.
SECTION 2.
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 9 TH
11;2,/1-4
ALICE, I. DIEDRICHSEN, CITY CLERK
(SEAL)
All ordinances or parts of ordinances in
day of February, 1993.
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 9TH day of February, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 19 OF THE MUNICIPAL CODE
OF THE CITY OF BLAIR, NEBRASKA, ENTITLED CABLE TELEVISION, PRO-
VIDING FOR THE STANDARDS AND CONDITIONS FOR GRANTING FRANCHISES
THEREOF, FRANCHISE FEES, AND REQUIREMENTS, REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, AND PROVID-
ING 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. Present Chapter 10 Article 19 of the Municipal
Code of the City of Blair, Nebraska, is hereby repealed, and in
its place is hereby substituted and enacted the provisions which
shall be as follows:
Sec. 10 -1901. CONSTRUCTION. This ordinance shall be construed
in light of applicable Federal and State laws and regulations
governing multi channel service practices which specifically
includes cable television.
Sec. 10 -1902. SCOPE. This ordinance shall be effective within
the geographical limits of the City, including any areas subse-
quently annexed by the City.
Sec. 10 -1903. SEVERABILITY. If any word, phrase, sentence,
part, section, subsection, or other portion of this ordinance, or
any application thereof to any person or circumstance is declared
void, unconstitutional, or invalid for any reason, such word,
phrase., sentence, part, section, subsection, or other portion, or
the proscribed application thereof, shall be severable and the
remaining provisions of this ordinance shall remain in full force
and effect.
Sec. 19 -1904. DEFINITIONS.
1. "A /B switch" or "Input selector switch" means any device that
enables a viewer to select between a multi - channel service and
off- the -air television signals. Such a device may be more so-
phisticated than a mere two -sided switch, may utilize other
multi - channel system interface equipment, and may be built into
television receivers.
2. "Access channel" or "non broadcast channel" means a govern-
ment, education, or public . channel which is carried on a multi-
channel system, but which is not part of any institutional net-
work.
3. "Activated channel" means a channel engineered at the headen.d
of the cable system for the provision of services generally
available to residential subscribers of the cable system, regard-
less of whether such services actually are provided, including
any channel designated for governmental, educational, or public
use.
1627
4. "Alternative user charge" means a charge used in place of a
franchise fee that the Council requires as payment for the privi-
lege of using the streets, easements, public ways, or rights -of-
way of the City in order to construct, maintain, and operate a
multi - channel system. An alternative user fee is not based on an
MCS provider's gross annual revenues (as is the case in a fran-
chise fee), but rather is based on the value of the City property
that an MCS provider is using to construct, maintain, and operate
its multi - channel system.
5. "Annual gross revenues" means any and all compensation which
is derived from the operation of the MCS system, and which is
attributable to the subscribers or customers within the City, or
the grant of a franchise granted to a franchisee to operate a
multi - channel system. Further, "annual gross revenues" means any
and all compensation in whatever form (except as exempted by this
definition), exchange or otherwise derived from all multi - channel
services, MCS operations, and MCS- related activities within the
City including but not limited to revenues from subscriber rates,
pay television, premium channels, service tiers, service clus-
ters, institutional networks, advertising, installations, rebates
or commissions received from services carried or provided on the
system, or commercial access. Also, unless prohibited or pre-
empted by either Federal or State law, "annual gross revenues"
shall mean any and all compensation from all ancillary multi-
channel services, MCS operations, and MCS - related activities
within the City, including but not limited to sale of MCS or MCS
equipment, advertising stuffers inserted into periodic billing
statements, or other notices, rental or sale of video discs,
rental or sale of video cassettes, rental or sale of descrambling
converters, or other devices, rental or sale of remote control
devices (including those with volume control), rental or sale of
a/b or input switches, rental or sale of channel lock -out devices
or technology, rental or sale of interactive games or software,
rental or sale of digital radio equipment, sale of satellite
antenna dishes, sale of satellite antenna - received programming
for a programmer or distributor of services, or from revenues
received as the billing agent, collector, or retailer of satel-
lite antenna - received service. Annual gross revenues shall
include revenues derived outside of the municipal limits where
MCS utilizes City streets, right of ways, easements, and public
ways to provide service to any MCS subscriber outside of the
municipal limits. However, "annual gross revenues" does not mean
any taxes imposed and /or assessed by law on subscribers (includ-
ing State sales taxes, but excluding any state or local franchise
fees) which an MCS provider is obligated to collect and pay in
full to the applicable authorities.
6. "Application" or "Proposal" are synonymous for the purposes of
this ordinance. An "application" or "proposal" means the process
by which the applicant submits a request and indicates a desire
to be granted a license or franchise (where required) for all or
a part of the City. An "application" or "proposal" includes all
written documentation and verbal statements and representations,
2
in whatever form or forum, made by an applicant to the Council
concerning the construction, rendering of services, maintenance,
or any other matter pertaining to the proposed multi - channel
system.
7. "Assignment of a franchised MCS provider's franchise" or
"Transfer" of a franchised MCS provider's franchise" means any
transaction or action which effectively or actually changes
operational or managerial control from one person or entity to
another.
8. "Auxiliary equipment" means equipment supplied by the MCS
provider (such as a converter, remote control unit, or input
selector switch), which enhances or assists in the reception or
provision of multi - channel service.
9. "Basic cable television service" means any service tier which
includes the retransmission of local television broadcast signals
and shall include the retransmission of all services required by
10- 1968(A).
10. "Cable channel" or "Cable television channel" or "Data
channel" means a portion of the electromagnetic or light frequen-
cy spectrum which is capable of delivering a television channel
(as "television channel" is defined by the FCC regulation).
11. "Cable operator" or "operator" means any person or group of
persons who:
a. provides cable television service over a cable system and
directly . or through one (1) or more affiliates owns a signif-
icant interest in such cable system; or
b. otherwise controls or is responsible for, through any
arrangement, the management and operation of such a cable
system.
12. "Cable service" means:
a. the one -way transmission to subscribers of video program-
ming, or other programming service; and
b. subscriber interaction, if any, which is required for the
selection of such video programming service.
15. "Cable system" or "Cable television system" means a facility
consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is
designed to provide cable service which includes video, voice or
data programming, and which is provided to multiple subscribers
within the City. However, such terms do not include the follow-
ing:
a. A facility that serves only to retransmit the television
signals of one (1) or more broadcast stations; or
b. A facility that serves only subscribers in one (1) or
more multiple unit dwellings under common ownership, control,
or management unless such facility or facilities uses any
public rights-of -way; or
c. A facility or common carrier which is subject, in whole
or in part, to the provisions of Title II of the Communica-
tions Act of 1934, except that such facility shall be consid-
ered a cable system (other than for purposes of 47 USC 541)
to the extent such facility is used in the transmission of
video, voice, or data programming or service directly to
subscribers or;
d. Any facilities of any electric utility used solely for
operating its electric utility.
13. "CCPA" means the Cable Communications Policy Act of 1984, as
amended.
14. "Charge" means a one -time or non - regularly occurring cost
paid by the subscriber and which is associated with the installa-
tion, maintenance, service, or repair of the multi - channel serv-
ice.
15. "Cherry-picking" or "cream- skimming" means the process
whereby an MCS provider targets only selected areas of the City
for service (either through a new - build, overbuild, or selective
upgrade), and then primarily for reasons of higher than average
density, or the relative affluence of the area.
16. "City" means the City of Blair, Nebraska, or its lawful suc-
cessor.
17. "Collection charge" means a charge or fee imposed on a
customer by an MCS provider for such provider's efforts at col-
lecting, or attempting to collect a past due account.
18. "Commercially impracticable" means with respect to any
requirement applicable to an MCS provider, that it is commercial-
ly impracticable for such an MCS provider to comply with such
requirement as a result of a change in conditions which is beyond
the control of such an MCS provider, and the non — occurrence of
which was the basic assumption on which the requirement was
based.
19. "Converter" means any electric, electronic, or other device,
separate and apart from the subscriber's receiver that is capable
of converting or changing signals to a frequency not intended to
be susceptible to interference within the television, video, or
data receiver of a subscriber, and by an appropriate channel or
other type of selector may also permit a subscriber to view or
otherwise use signals delivered at designated dial locations, or
such other reception and use allocations as may be applicable and
required for the practical use of the signal.
4
20. "Council" means the City Council for the City of Blair,
Nebraska.
21. "Customer" means a subscriber or user of the services and /or
facilities of the multi - channel system provided by an MCS provid-
er.
22. "DBS" means direct broadcasting satellite.
23. "DBS provider" or "Direct Broadcast Satellite provider"
means any person who delivers and /or provides multi- channel
services from a satellite to a subscriber's residence through the
use of a small earth or satellite station.
24. "Decoder" or "Descrambler" means a device which enables a
subscriber to convert a scrambled signal into a viewable or
otherwise usable signal.
25. "Disaster emergency" or "Disaster" or "Emergency" means any
imminent, impending, or actual natural or humanly induced situa-
tion wherein the health, safety, or welfare of all, or a repre-
sentative portion of the residents of the City is threatened.
26. "Drop" means a small branch of cable, or other transmitting
medium which connects the terminals on the back of the sub-
scriber's receiver to the feeder cable or future technical equiv-
alent on the street, easement, rights -of -way, or public way.
27. "Easement" means and shall include any public easement or
other compatible use created by dedication, or by other means, to
the City for public utility purposes or any other purpose whatso-
ever, including cable television, or any other MCS provider.
"Easement" shall include a private easement used for the provi-
sion of cable service or any other multi- channel service.
28. "FCC" or "Federal Communications Commission" means the
Federal administrative agency, or lawful successor, authorized to
oversee cable television and other multi-channel regulation on a
national level.
29. "Fiber cable" or "Fiber optic cable" means very thin and
pliable cylinders, or strands of glass or plastic, or any future
developed technical equivalent, used to carry wide bands of
multiple frequencies.
30. "Franchise" means the initial authorization or subsequent
renewal granted by the Council in order for a person to con-
struct, operate, and maintain a franchised MCS system in all or
part of the City.
31. "Franchised MCS provider" means a person that is awarded a
franchise by the Council to construct and operate a franchised
multi- channel system within all or part of the City. The term
"franchised MCS provider" specifically includes the term "cable
operator."
32. "Franchise expiration" means the date of expiration, or the
end of the term of a franchised MCS provider as provided under a
franchise agreement.
33. "Franchise fee" means a fee or charge that the City requires
as payment for the privilege of using the streets, rights -of -way,
public ways, and easements of the City in order to construct,
maintain, and operate a franchised MCS system.
34. "Headend" means the electronic control center where incoming
signals, including those of television broadcast stations are
amplified, modulated, filtered, converted, or in any way pro-
cessed or converted for redistribution to subscribers.
35. "Hub" means the satellite or remote receiving, processing,
and /or transmitting facility enabling the signal to be extended
beyond the physical /electronic capabilities of the multi- channel
electronics and /or to serve as a remote switching facility.
36. "Late charge" means a charge which is added to a sub-
scriber's account or bill for non - payment of a previously due and
delinquent account.
37. "MCS" means multi- channel service.
38. "MCS provider" or "Multi- channel service provider" means any
person or group of persons who:
a. provides multi- channel communications service over a
multi - channel system and directly or indirectly owns a sig-
nificant interest in such multi- channel system; or
b. who otherwise controls or is responsible through any
arrangement, the management and operation of such a multi-
channel system.
The term "MCS provider" or "multi- channel service provider"
specifically includes the terms "cable operator," "DBS operator,"
or "direct broadcast satellite provider," "MDS provider," or
multi-point distribution system provider," "MMDS provider," and
"SMATV operator."
39. "MDS" means multi -point distribution system.
40. "MDS provider" or "Multi -point distribution system provider"
means any person or group of persons who is authorized by the FCC
to transmit (via Super High Frequency) specialized multi- channel
programming or date or facsimile transmission to subscriber -
selected locations.
41.
ice"
"Multi- channel programming service" or "Multi- channel serv-
means:
6
a. the one -way transmission to subscribers of video program-
ming or other programming service; and
b. subscriber interaction, if any, which is required for the
selection of such video programming or other programming
service.
42. "Other programming service" means information that an MCS
provider (specifically including a cable operator) makes avail-
able to all subscribers generally.
43. "Pay -per- view" or "Premium channel" means the delivery over
the multi- channel system of audio and /or video signals in an
unintelligible form to subscribers for a fee or charger (over and
above the charge for standard or basic service) on a per program
or per channel basis where said unintelligible or unusable form
for viewing is made intelligible only to subscribers paying a
separate fee or charge for viewing or using of the signals.
44. "Person" means any individual, corporation, business trust,
estate, trust, partnership, association of two (2) or more per-
sons having a joint common interest, governmental agency, or
other legal entity including the City.
45. "Proposed abandonment of multi- channel service" or "Proposed
withdrawal of multi - channel service" or "Proposed cessation of
multi- channel service" means the anticipated, imminent, or ex-
pected (either voluntary or involuntary) disruption, discontin-
uance, desertion, or removal of an MCS provider's operation and
provision of multi- channel service from all, or part of the City
projected period exceeding three (3) months in duration.
46. "Public, educational, or governmental access facilities"
means:
a. Channel capacity designated exclusively for public,
educational, or governmental use; and
b. facilities and equipment for the use of such channel
capacity.
47. "Public way" means any public street, public way, public
place, or rights -of -way now laid out or dedicated and all exten-
sions thereof, and additions thereto in the area served by the
MCS provider.
48. "Rate" means the price paid by a subscriber in order to
receive standard or basic, tiered, clustered, premium, or
pay - per -view multi- channel service.
49. "Revocation," "Termination," or "Non- renewal" means an
official act by the City whereby the Council removes, repeals, or
rescinds previously approved authorization for a licensed or
franchised MCS provider to conduct the running of a multi- channel
system within the City.
50. "Service cluster" means the grouping, aligning, or packaging
of one (1) or more multi- channel programming services by category
(such as sports and /or news), or by rate, or by some other iden-
tifiable method, and charging a separate price or rate for each
service cluster.
51. "Service day" means any day, other than a Sunday or MCS
provider holiday in which employees of the MCS provider (includ-
ing customer service representatives and service technicians)
regularly respond to service requests, inquiries, and complaints.
52. "Service outage" means the loss of picture or sound on all
standard or basic subscriber channels, or one (1) or more auxili-
ary programming channels (including tiers and clusters), and
which is not caused by the subscriber's television receiver or by
the subscriber.
53. "Service tier" means a category of multi- channel service or
other programming service provided by an MCS provider and for
which a separate rate is charged by an MCS provider.
54. "SMATV" means Satellite Master Antenna Television.
55. " SMATV operator" or "Satellite Master Antenna Television
operator" means any person or group of persons who:
a. provides multi - channel service over an SMATV system; or
b. otherwise controls or is responsible for, through any
arrangement, the management of an SMATV system.
56. " SMATV system" means a private multi - channel system not
crossing any public rights -of -way and which is located on private
property and serving private dwellings. Multi-channel program-
ming services are obtained via an earth station, amplification, .
and a distribution system.
57. "Standard multi - channel service" means the lowest priced or
least comprehensive service cluster or service tier available to
residential subscribers.
58. "Street" means the surface of and the space above and below
a public street, road, highway, freeway, land, path, public way
or place, alley, court, boulevard, parkway, drive, or other
easement now or hereafter held by the City (including any street,
as defined, which is acquired by eminent domain) for the purpose
of public travel and shall include other easements or rights -of-
way now or hereafter held by the City (including any easements or
rights -of -way acquired by eminent domain) which shall, with their
proper use and meaning, entitle the City and MCS provider to use
thereof for the purpose of installing or transmitting multi-
channel system transmissions over poles, wires, cable, conduc-
8
tors, ducts, conduits, viaducts, manholes, amplifiers, applianc-
es, attachments, and other property as may ordinarily be neces-
sary and pertinent to a multi- channel system.
59.. "Subscriber" means a person lawfully receiving multi- channel
service delivered by the MCS provider.
60. "User" means a person or organization utilizing a multi-
channel system and /or its equipment for purposes of production
and /or transmission of material as contrasted with receipt there-
of in a subscriber capacity.
61. "Video programming" means programming provided by or gener-
ally considered comparable to programming provided by a tele-
vision broadcast station.
Sec. 10- 1905. ADMINISTRATION; DELEGATION OF POWERS AND AUTHORI-
TY.
A. Unless prohibited by federal or State law, the Council may
delegate its power and authorities with respect to an MCS provid-
er to a duly authorized representative of the City, including the
Mayor, the City Administrator, a City Cable Advisory Committee,
or an outside consultant.
B. The City may never delegate its franchising or revocation
power to another person.
Sec. 10 -1906. APPLICABILITY OF THIS ORDINANCE TO AN MCS PROVID-
ER. Unless exempted entirely from this ordinance, or exempted
under one (1) or more provisions of this ordinance, or granted
relief (by the Council) from one (1) or more provisions and /or
requirements of this ordinance, then this ordinance shall be
applicable to an MCS provider, and this ordinance shall have full
effect and be enforceable in its entirety.
Sec. 10 -1907. EXEMPTION FROM THIS ORDINANCE FOR CERTAIN MCS
PROVIDERS.
A. Recognizing the inherent technological differences' between
various types of MCS providers, and taking into account a number
of financial, operational, and maintenance considerations, the
Council exempts certain MCS providers from complying with the
provisions contained in this ordinance.
B. MCS providers who are exempted from complying with the provi-
sions of this ordinance are as follows:
1. An MCS provider who is exempted from this ordinance as a
result of an applicable FCC ruling; or
2. An MCS provider who is exempted from this ordinance as a
result of an applicable judicial ruling.
C. An exempted MCS provider remains exempted only as long as it
meets one (1) or more of the specifications of this particular
section.
D. The extent of the exemption for a qualified MCS provider is
only for this ordinance. Consequently, such an exempted MCS
provider is expected to abide by and comply with any other appli-
cable City, State, or Federal laws and regulations, including any
applicable federal, or State consumer protection, or customer
service laws and regulations.
Sec. 10 -1908. NON - EXEMPT MCS PROVIDERS SEEKING RELIEF FROM THIS
ORDINANCE.
A. Any MCS provider affected by this ordinance may file a writ-
ten petition at any time with the Council seeking relief from one
(1) or more provisions of this ordinance. The relief requested
may specifically include the delay in implementation (as to the
petitioning MCS provider only) of one (1) or more provisions of
this ordinance.
B. In order to receive any relief from one (1) or more of the
provisions of this ordinance, a non - exempt MCS provider must
satisfactorily demonstrate to the Council that at least one (1)
of the following facts exist:
1. The provision and /or requirement is expressly prohibited
by Federal law, the FCC, or State law; or
2. Where applicable, that the provision in question materi-
ally affects and is in conflict with an expressed right that
is specifically noted in an existing franchise agreement (but
only for the term of the existing franchise); or
3. The imposition of such provisions and /or requirements
will create such an undue economic hardship on an MCS provid-
er so as to imperil or eliminate an MCS provider's ability to
provide multi- channel service to a majority of current sub-
scribers; or
C. As an alternative to seeking an exemption or requesting
relief, an MCS provider may petition for clarification on the
precise intent and effect that one (1) or more provisions or
sections of this ordinance has on the petitioning MCS provider.
D. In accordance with this ordinance, the Council may charge the
petitioning MCS provider with the actual costs for processing
such a petition, including any costs incurred by outside consult -
ants who are retained by the City to review an MCS provider's
petition.
E. In those instances where the Council grants an exemption or
relief or clarification to a franchised MCS provider, or deems a
franchised MCS provider's operational policy to be comparable to
an ordinance provision, then the franchise agreement (initial,
existing, or renewal) shall be amended within thirty (30) days to
10
reflect the exact extent of such exemption and /or relief. It
should be specifically noted that the benefit of such exemption,
relief, clarification, or comparable policy extends only to the
MCS provider granted such exemption, relief, or clarification.
Sec. 10 -1909. FAILURE OF THE COUNCIL TO ENFORCE THIS ORDINANCE.
A non - exempt MCS provider shall not be excused from complying
with any of the requirements of this ordinance, or any subse-
quently adopted amendments to this ordinance by any failure of
the Council on any one (1) or more occasions to seek or insist
upon compliance with such requirements or provisions.
Sec. 10 -1910. MCS PROVIDERS OR THEIR ASSIGNEES SUBJECT TO PRES-
ENT AND FUTURE ORDINANCES.
A. Any non - exempt MCS provider, its assignee, or transferee
shall be subject to and expected to comply with all ordinances
now or hereafter adopted and in effect with the City, including
this ordinance, to the extent that said MCS provider has not
received an exemption or relief from said ordinance(s).
B. Any non - exempt MCS provider, its assignee, or transferee
shall be subject to and expected to comply with all Federal and
State laws and with all rules issued by all applicable regulatory
agencies now or hereafter in existence.
C. Any non - exempt MCS provider, its assignee, or transferee
shall be subject to all lawful exercise of the City's police
power.
D. With respect to future ordinances noted in this section,
nothing contained herein prevents an MCS provider from exercising
any and all of its administrative and legal rights as to the
constitutionality, applicability, and enforceability of said
future ordinances.
Sec. 10 -1911. RESOLUTION OF INCONSISTENCIES WITH FEDERAL OR
STATE RULES, REGULATIONS, OR LAWS.
A. In any case of an actual inconsistency between any provision
or section of this ordinance, and any provision or section of a
Federal or State rule, regulation, or law, then the Federal or
State rule, regulation, or law shall not only supersede the
effect of the ordinance, but also control in any local applica-
tion.
B. The above subsection specifically includes any situation
wherein an applicable Federal or State judicial decision creates
an actual inconsistency with any provision or section of this
ordinance. In such a situation, the Federal or State judicial
decision shall not only supersede the effect of the ordinance but
also control in any local application.
Sec. 10 -1912. PENALTIES. Any violation or failure to abide by
and comply with any provision or requirement of this ordinance
11
shall be a violation of this ordinance and shall be subject to
any civil remedies by State law, including (where permissible)
the imposition of monetary fines.
Sec. 10 -1913. THE COUNCIL'S RETAINED RIGHTS AND AUTHORITIES.
A. Subject to pre-emption by or other approval authority of the
FCC or any other Federal or State governmental entity or agency,
the Council retains the authority to provide for:
1. The regulation and control of any multi- channel system
within the geographical limits of City, and within the limits
prescribed by applicable law;
2. The award and grant of an MCS franchise (where required)
subsequent to review of an application or proposal by the
Council;
3. The periodic review and /or amendment or repeal of all or
part of this ordinance; and
4. If mutually agreed to with a franchised MCS provider, the
periodic review and /or amendment of any existing franchise
agreement.
B. Subject to pre - emption by or other approval, authority of the
FCC or any other Federal or State governmental entity or agency,
the Council retains the jurisdiction to enforce all laws and
regulations relating to multi- channel customer service practices
and consumer protection.
Sec. 10 -1914. MCS PROVIDER MAY PROMULGATE RULES. To the extent
that they are consistent with the requirements and responsibili-
ties detailed in this ordinance, an MCS provider is authorized to
promulgate such rules and internal practices as shall be neces-
sary to enable it to exercise its rights and perform its duties
under this ordinance, the state, and the rules of any federal
agency charged with the responsibility of regulating MCS provid-
ers.
Sec. 10 -1915. NOTICES.
A. Both the Council and each non- exempt MCS provider shall
provide the other party with the name and address of the contact
person designated to receive notices, filings, reports, records,
documents, and other correspondence. All notices shall be deliv-
ered to each party's contact person by certified mail, return
receipt requested, personal service with a signed receipt of
delivery, or overnight with receipt verification. The delivery
of all notices, reports, records, and other correspondence shall
be deemed to have occurred at the time of receipt.
B. If the non- exempt MCS is required to maintain a franchise,
then the designation of such contact person for notices purposes
may be contained within a franchise agreement.
12
Sec. 10 -1916. INDEMNITY.
A. To the extent permitted by law, a non - exempt MCS provider
shall at all times defend, indemnify, protect, save and hold
harmless and exempt the City, the Mayor, the City Administrator,
the Council, their officers, agents, servants, and employees from
any and all penalty, damage, or charges arising out of claims,
suits, demands, causes of action, or award of damages whether
compensatory or punitive, or expenses arising therefrom, either
at law or in equity, which might be claimed now or in the future
which may arise out of or be caused by the construction, erec-
tion, location, products performance, operation, maintenance,
repair, installation, replacement, removal or restoration of the
multi- channel system within the City by a negligent act or omis-
sion of an MCS provider, its agents or employees, contractors,
subcontractors, independent contractors, or implied or authorized
representatives. With respect to the penalties, damages or
charges referenced herein, attorneys' fees, consultants' fees,
and expert witness fees are included as those costs which may be
recovered by the Council.
B. The City, Mayor, and the Council specifically reserve the
right to retain counsel of their own choice.
C. With respect to an MCS provider's own defense of such actions
noted in this Section, it is understood that such MCS provider
reserves the right to select and retain, without the Council's
approval, counsel of the MCS provider's choice at such provider's
expense.
Sec. 10 -1917. LIABILITY INSURANCE.
A. An MCS provider shall secure and maintain, for as long as it
provides multi- channel service to subscribers, public liability,
property damage insurance, and umbrella coverage in at least the
following amounts:
1. Public liability: $2,000,000.00 per person /per occur-
rence;
2. Property damage: $2,000,000.00 per any one (1) claim;
3. Umbrella liability: $4,000,000.00 with up to a
$50,000.00 deductible and /or base insurance.
B. An MCS provider's public and personal liability and property
damage insurance policy shall specifically include the City, the
Mayor, the Council, their officials, agents, employees or repre-
sentatives as additional named insured.
C. The public and personal liability and property damage insur-
ance policy shall be issued by an agent or representative of an
insurance company licensed to do business in the State and which
has one (1) of the three highest or best ratings from the Alfred
M. Best Company and which is acceptable to the City.
13
D. Whenever needed to protect the interests of the citizens of
the City, the Council may require an MCS provider to provide
insurance for greater amounts than listed herein.
E. The public liability and property damage insurance policy
shall contain an endorsement obligating the insurance company to
furnish the Council with at least thirty (30) days written notice
in advance of the cancellation of the insurance.
F. Renewal or replacement policies or certificates shall be
delivered to the Council at least thirty (30) days before the
expiration of the insurance which such policies are to renew or
replace.
G. Before a multi- channel system provides multi - channel service
to subscribers, the MCS provider shall deliver the policies or
certificates representing the insurance to the Council and each
policy or certificate delivered shall be accompanied by evidence
of payment of the premium thereon.
Sec. 10 -1918. PERFORMANCE AND CONSTRUCTION /COMPLETION BOND.
A. An MCS provider shall furnish to the Council in an amount
totaling at least One Hundred Thousand Dollars ($100,000.00) a
performance bond or security bond executed by a surety licensed
to do business in this State. The purpose of the performance
bond is to ensure performance of any requirements imposed by this
ordinance on an MCS provider. Further, the purpose is to guaran-
tee that should the MCS provider not fulfill any obligations
imposed by this ordinance (or where applicable a franchise agree-
ment), then the surety will make whole (to the extent of the
policy) any monetary losses incurred by the City.
B. An MCS provider shall furnish to the Council, a
construction /completion bond prior to the time it commences a
construction, upgrade, rebuild, or repair /maintenance project
that has a capital construction cost or outlay exceeding fifty
thousand dollars ($50,000.00) in value. The amount of the bond
shall equal at least ninety percent (90 %) of the projected capi-
tal construction cost or outlay. The construction /completion
bond shall remain in force at all times, unless relief is granted
or a reduction schedule is detailed in an agreement between the
Council, and the MCS provider.
C. The construction /completion bond or security bond shall
specifically guarantee that an MCS provider will timely abide by
its construction, upgrade, rebuild, or repair /maintenance sched-
ule for the multi - channel system and /or any time table for tech-
nical and service improvements or additions to the multi - channel
system as may be committed to, or agreed upon, from time to time
by the Council and MCS provider.
D. If the City draws on a performance or completion bond, or
cash deposit, or letter of credit as a result of an MCS provid-
er's failure to timely discharge its obligations, or failure to
14
construct and activate the multi- channel system, or failure to
complete a multi - channel system upgrade or rebuild or
repair /maintenance, then the MCS provider shall be required,
within thirty (30) days to replenish the completion and perform-
ance bond or security bond to the minimal level required by the
Council.
E. Based upon such reasons as the Council might feel is neces-
sary to protect the public interest and welfare, the Council may
raise the minimal amount of the performance bond.
F. The performance bond and construction /completion bond, the
Council may accept a written guarantee of an MCS provider pledg-
ing the full faith and credit of the affected MCS provider should
there be a breach in a material franchise term or failure to meet
any construction schedule.
Sec. 10 -1919. THE COUNCIL POLICY WITH RESPECT TO REPORTS AND
RECORDS.
A. The Council recognizes that advances in technology, and the
adoption and application of multi - channel laws, rules, regula-
tions, and court decisions may have a profound effect and impact
on an MCS provider in any given year.
B. Consequently, it is incumbent that the Council take measures
to reduce the risk that multi- channel service or the multi -chan-
nel system will be adversely affected in any given year.
C. Therefore, the evaluation of legal, technical, financial, and
character qualifications of an MCS provider is viewed as a con-
stant undertaking on the part of the City. As a result, the
Council requires that the operator maintain and retain all
records and reports necessary for a City to determine compliance
with the obligations imposed on an MCS provider, and to determine
the MCS provider's (legal, technical, financial, and character)
qualifications. The information is primarily intended to assist
the MCS provider to maximize service rather than to identify
incidents of non - compliance.
Section 10 -1920. FURNISHING OF REPORTS.
A. At any time the FCC or another Federal or State agency re-
quires or requests the submission of reports, data, or other
information by a non - exempt multi - channel service provider, then
such MCS provider shall at the same time, without a separate or
specific request, submit those reports, data, or other informa-
tion to the Council. An MCS provider shall not be required to
submit State or Federal tax returns, or any information exempted
under federal privacy laws, including 47 USC 551.
B. With respect to the reports required by this ordinance, it is
noted that a non - exempted MCS provider shall timely submit any
required report including but not limited to the following:
1. An annual compliance statement in the manner set forth in
this ordinance;
2. A periodic gross revenue report in the manner set forth
in this ordinance;
3. Preventative maintenance reports in the manner set forth
in this ordinance;
4. Copies, if applicable, of the MCS provider's FCC Form
395 -A (or successor form), or any supplemental forms relating
to equal employment opportunity, and fair contracting prac-
tices; and
5. Any other reports or information required by another
Section of this ordinance or by the Council which are neces-
sary to protect the health, safety, and welfare of the citi-
zens of the City.
S . ec. 10 -1921. BOOKS AND RECORDS.
A. An MCS provider shall keep complete and accurate books of
accounts, and records of the business and operations under and in
connection with the MCS system.
B. The Council shall have the right to review (either by mail or
at the MCS provider's local office) all records (pertaining to an
MCS provider's cable and /or multi - channel operations) on seven
(7) days written notice, unless specifically exempted by the
Council. Such review, unless mutually agreed upon or judicially
ordered should occur within the MCS provider's regular office
hours.
C. The Council shall have the right to hire, at its own expense,
an independent certified public accountant or other business or
financial expert to review the books and records of an MCS pro-
vider. If after a financial audit it is determined that the MCS
provider has underpaid amounts owed to the City, then the MCS
provider shall reimburse the City for the actual cost of the
audit.
D. A false entry into the books and /or records of an MCS provid-
er made by an MCS provider of a material and substantial fact
shall constitute a material violation of this ordinance.
E. An MCS provider at the local office shall keep complete and
accurate books and records of the key aspects of the multi-
channel system's operation for at least the preceding five (5)
years in such a manner that all matters pertaining to the City
can be easily produced and /or verified at the City's request.
also, the MCS provider shall keep, at it local office, any other
applicable records and information that may be required by any
other Federal or State agency having jurisdiction over MCS pro-
viders.
Sec. 10 -1922. ANNUAL COMPLIANCE STATEMENT REQUIRED.
A. Prior to December 31 of each calendar year each non - exempt
16
AMCS provider shall return to the Council a completed and execut-
ed (by owner or officer) compliance statement in a form accept-
able to the City.
B. There shall be no charge or fee associated with returning the
annual compliance statement. However, if the MCS provider sup-
plies incomplete information which requires independent verifica-
tion by the City or a consultant hired by the City, then the MCS
provider shall reimburse the City for all costs associated with
the independent verificattion. Moreover, failure to submit a
statement by the deadline or the provision of false information
within -a statement may subject an affected MCS provider to any
and all penalties and fines listed in this ordinance.
Sec. 10 -1923. NOTIFICATION OF CUSTOMERS AND MCS PROVIDERS'
RIGHTS AND RESPONSIBILITIES; GENERAL POLICY.
A. In order to provide customers with the variety of information
needed to make an informed decision and to ensure that customers
are notified of their and the MCS provider's rights and responsi-
bilities with respect to the multi - channel system, an MCS provid-
er must provide a customer with a written "Notice of a Customer's
and MCS Provider's Rights and Responsibilities With Respect to
the Provision of Multi- Channel Service."
B. The "Notice of a Customer's and MCS Provider's Rights and
Responsibilities With Respect to the Provision of Multi - Channel
Service" shall be provided at the time of initial installation.
Thereafter, a subscriber shall be provided with a written "No-
tice" at least once every twelve (12) months. If, however, an
MCS provider amends, repeals, adds, deletes, modifies, or makes
other changes to any customer service practice that is required
in this ordinance, then said MCS provider shall provide a sub-
scriber with such written notification at least thirty (30) days
prior to the effective date of such amendment, repeal, addition,
deletion, modification, or other change.
Sec. 10 -1924. NOTICE OF CUSTOMER'S AND MCS PROVIDER'S RIGHTS AND
RESPONSIBILITIES WITH RESPECT TO THE PROVISION OF MULTI- CHANNEL
SERVICE; MINIMUM CONTENTS.
A. At the time an MCS provider is required to furnish an initial
or annual "Notice," such "Notice" shall contain, at a minimum,
the following:
1. An up -to -date listing of the specific multi- channel
services provided clearly indicating and isolating the stan-
dard and/or basic, premium, and informational services of-
fered as well as the service tiers or service clusters of-
fered;
2. Notification of a subscriber's ability to purchase or
lease from the MCS provider a lock box, parental control
mechanism, or other device which will prohibit the viewing of
a particular multi - channel service during a period selected
17
by the subscriber;
3. Pursuant to FCC regulations, a subscriber's ability of
purchasing or using an A/B or input selector switch;
4. A comprehensive listing and explanation of all rates and
charges (including rates for standard or basic and premium
channels /services, particular service tiers or service clus-
ters, current discount or promotional fees, installation
charges, and security deposits, if any);
5. If service clustering is available, then a description
and explanation of any penalties, credits, restrictions,
upcoming (within sixty (60) days of the "Notice ") service
clustering changes or differing alignments, or other pertin-
ent information;
6. A comprehensive listing and explanation of all billing
options available;
7. The customer service office hours and telephone number(s)
in a manner consistent with the specific policy set forth in
this ordinance;
8. The billing practices of an MCS provider in a manner
consistent with the specific policy set forth in this ordi-
nance;
9. The specific customer complaint /inquiry resolution policy
that is adopted and followed by an MCS provider and which is
consistent with the parameters set forth in this ordinance;
10. The method of securing a voluntary disconnection in a
manner consistent with the specific policy set forth in this
ordinance;
11. The extent of the credit /refund policy in a manner
consistent with the specific policy set forth in this ordi-
nance;
12. The equipment use and return policy together with any
required security deposits in a manner consistent with the
specific policy set forth in this ordinance; and
13. The additional rights of blind, hearing- impaired or
ambulatory impaired customers in a manner consistent with the
specific policy set forth in this ordinance.
B. The "Notice" shall be written in plain, simple to understand
English. " The "Notice" shall contain no fine print, and any
exclusions, limitations, or caveats shall be clearly indicated as
such in the "Notice."
C. The "Notice" shall be delivered to a subscriber via mailing.
18
Sec. 10 -1925. BILLING PRACTICES.
A. Within the "Notice" that is required by this ordinance,
subscribers shall be informed of at least the following practices
of an MCS provider;
1. Billing procedures (including payments necessary to avoid
discontinuance of service);
2. Payment due and delinquent dates;
3. Amount or percentage of late charges, if any;
4. Advance billing options;
5. Resolution procedures for billing disputes, complaints,
and inquiries;
6. Refund policy for service interruptions, substandard
signal quality, or uncontracted service;
7. Current service rates in a detailed and understandable
format;
8. Procedure and amount of charges for installation or relo-
cation of an MCS provider's facilities and /or equipment;
9. Current schedule and explanation for any billed charges
or other non - regularly occurring fees invoiced to subscrib-
ers; and
10. Any lower- income or fixed - income rates together with any
qualifications to obtain such rates.
B. All bills shall plainly state that service may be paid for on
an individual monthly basis by the end of the month for which the
service was delivered with no late penalty or charge assessed.
C. Existing subscribers shall be informed of the items listed in
subsection (1) at least once every 12 months.
D. Whenever there is a change in an MCS provider's billing
practices or payment requirements, all subscribers must be noti-
fied in writing at least thirty (30) days before such billing
practices or payment requirements become effective.
E. In any case where a subscriber requests a cancellation or
reduction of service within thirty (30) days after the notifica-
tion of a scheduled rate or charge adjustment, then the subscrib-
er's liability for the newly implemented rate or charge shall
cease from the moment that the rate or charge adjustment becomes
effective.
Sec. 10 -1926. BILLING CREDIT OR REFUNDS FOR SERVICE OUTAGES,
INTERRUPTIONS; SUBSTANDARD SIGNAL OR PICTURE QUALITY OR UNSOLICI-
TED SERVICE.
A. An MCS provider shall provide a subscriber with credit or a
rebate for a service outage or interruption exceeding eight (8)
hours in duration, which credit, for purposes of determining the
amount of the credit or rebate, shall be deemed to be equivalent
to or the same as a twenty -four (24) hour service outage.
19
B. Where not expressly prohibited by the State, the Council may
prescribe rules for giving credit to a subscriber in rases of
substandard signal or picture quality.
C. In the case of a charge for unsolicited service, an MCS
provider shall provide a subscriber with an adjustment or billing
credit on the next available billing statement. Moreover, in
such a case, an MCS provider shall not consider a subscriber
delinquent for failure to pay a charge for unsolicited service.
Sec. 10 -1927. PROHIBITION AGAINST MULTIPLE CHANGES OF SERVICE
TIERS OR SERVICE CLUSTERS WITHIN A 365 DAY PERIOD.
A. An MCS provider may not switch any particular multi - channel
service from one (1) service tier or service cluster more than
once during any three hundred sixty -five (365) day period.
B. Nothing contained in this Section should be
mandating- any particular programming service being
subscriber. Nor should this Section be construed
any particular programming service be provided on
20
construed as
provided to a
as requiring
a particular
tier or cluster. Rather, this Section is designed to promote
tier or cluster stability, so that a subscriber may choose a tier
or cluster that best suits the subscriber's individual program-
ming and informational needs.
Sec. 10 -1928. CUSTOMER SERVICE HOURS; CAPABILITIES OF CUSTOMER
SERVICE OFFICE; AND TELEPHONES.
A. In order to facilitate the needs of the local customers, an
MCS provider shall maintain a customer service office which is
both within the City and easily accessible to customers.
B. The customer service office shall be open at least forty (40)
hours per week (exclusive of holidays).
C. The customer service office should have an adequate and
knowledgeable staff in order to handle customer service inqui-
ries, specifically including but not limited to: billing inqui-
ries, refunds, service outages, equipment service and repair,
payment of bills and other charges, and inquiries from disabled
or physically- impaired customers.
D. MCS providers shall for a reasonable charge provide customers
with a monthly, bi- monthly, or weekly multi- channel programming
service guide listing and /or detailing the programs and services
available during the time period. In lieu of providing a pro-
gramming service guide via the mail or a newspaper or third
party, the MCS provider may disseminate the information over a
channel designated as a program preview or program listing chan-
nel.
F. An MCS provider shall maintain at least one (1) toll-free
and /or local telephone number to accommodate normal business
inquiries.
F. An MCS provider shall maintain a twenty -four (24) hour toll -
free telephone number to facilitate calls concerning repair of
equipment and extended interruption of service. During any
hours that the customer service office is open, the MCS provider
must have or make available in -house personnel to address a
customer's inquiries. During other hours, a telephone may be
manned by an automatic answering device, provided that the use of
an answering device or answering service still results in an
initial phone call by the MCS provider within ninety (90) minutes
in order to determine the outage. The MCS provider shall not be
required to make in- person telephone contacts to subscribers at a
rate which exceeds sixty (60) calls per hour and shall not be
required to make such calls between the hours of 10:00 P.M. and
6:00 A.M. for situations other than reports of service outages.
G. A non - exempt MCS provider shall have adequate staff and /or
extension lines (except during special marketing promotion peri-
ods, peak billing cycles, and service outages) in order to handle
call to the general information number.
H. With respect to the specifications listed in subsection I. of
this Section, it shall be the MCS provider's responsibility to
quarterly certify to the Council that the affected MCS provider
is meeting the minimal specifications.
Sec. 10 -1929. SPECIAL SERVICE REQUIREMENTS FOR BLIND, HEARING -
IMPAIRED, OR AMBULATORY- IMPAIRED CUSTOMERS.
In addition to any other requirements mandated by this ordinance
or by Federal or State law, an MCS provider shall comply with the
following special service requirements for blind, hearing-
impaired, or ambulatory- impaired customers:
1. Provide wheel chair accessibility to an MCS provider's
customer service office;
2. For any customer declared legally blind by the State, an
MCS provider must provide if requested by such customer,
large type, braille, voice synthesized or functionally equiv-
alent notices, bills, and other pertinent multi - channel
system information;
3. Provide at a non - discriminatory cost a special closed -
captioned converter for the hearing impaired;
4. Provide at a non - discriminatory cost a remote control
device and /or converter for wheel chair subscribers with a
permanent medical or physical ambulatory impairment;
5. Where applicable, provide modified or special instruc-
tions for use of equipment by individuals who have physical
impairments; and
6. In times of a disaster emergency or other instances
requiring an emergency alert mandating an all channel video
blanking capability so that all channels would be blanked
simultaneously with the audio alert signal in order to in-
crease the likelihood that hearing and sight - impaired custom-
21
ers would be alerted.
Sec. 10 -1930. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBI-
TED.
A. An MCS provider shall not as to rules, regulations, rates,
charges, provision of service, or use of a provider's facilities
and equipment, make, allow, or grant any undue preference or
advantage to any person, nor subject any person to prejudice or
disadvantage on the basis of age, race, creed, color, sex, na-
tional origin, handicap, religious affiliation or location of
residence.
B. Consistent with 47 USC 541 (a)(3), MCS providers classified
as cable operators shall not deny cable service or the extension
of cable service to any group of potential residential cable
subscribers because of the income of the residents of the local
area in which such group resides.
C. Consistent with subsections (A) and (B) of this Section, an
MCS provider shall not provide multi - channel service in a "cher-
ry- picking" or "cream- skimming" manner or fashion to the exclu-
sion of other residents based on the excluded residents' income.
D. Subsection (A) of this section, however, does not prohibit an
MCS provider from offering .a promotional or incentive discount
rate or charge as long as the rate or charge does not exceed
three hundred seventy (370) days in length. This subsection does
not prohibit an MCS provider from offering special incentive
rates such as one (1) month basic service free if twelve (12)
months of basic service are paid in one payment or within a
certain time - frame.
E. Subsection (A) of this Section also does not prohibit an MCS
provider from denying service based on location of residence if
that residence is outside the parameters for line extension as
detailed in a franchise agreement (if applicable).
F. Subsection (A) of this Section also does not prohibit an MCS
provider from implementing a carefully designed no- frills service
tier or service cluster for "lower income" and /or fixed incomo
individuals.
G. Subsection (1) of this Section also does not prohibit an MCS
provider from making agreements or entering into multi - channel
service agreements with multiple dwelling unit owners (including
hotel, motel, and mobile home park owners) to provide multi-
channel service under a bulk billing or other type of arrange-
ment.
Sec. 10 -1931. USE OF EQUIPMENT, RETURN OF EQUIPMENT, SECURITY
DEPOSITS, AND THEIR RETURN.
A. Prior to formally delivering any equipment, including auxil-
22
iary equipment (such as a converter, input selector switch, or
video control recorder) to a customer, an MCS provider shall have
tested a representative sample (at least one percent (17)) of
such equipment to make sure that it is in proper working order.
B. If needed for proper operation or requested by a customer, an
MCS provider shall deliver to a customer handwritten or typed
instructions detailing the proper use of rented, loaned, or
purchased equipment. Unless required by another Section of this
ordinance, an MCS provider may comply with this Section by deliv-
ering the manufacturer's instructions to a customer.
C. An MCS provider is not required to seek a security deposit
from a customer for use or rental of the MCS provider's equip-
ment.
D. An MCS provider shall comply with any and all applicable
State rules concerning security deposits.
E. If the State is silent on the security deposit for a particu-
lar piece of equipment, then the MCS provider shall be prohibited
from charging any security deposit for equipment which exceeds
the replacement cost to the MCS provider.
F. As a matter of consumer protection, an MCS provider shall be
prohibited from charging any security deposit for multi - channel
service which exceeds twice the basic monthly rate.
G. An MCS provider shall return a security deposit (together
with any interest earned) after the equipment is satisfactorily
returned or the subscriber maintains a satisfactory payment
history (which is determined as no payment delinquencies within
the preceding twelve (12) month period).
H. A customer shall totally and fully reimburse an MCS provider
for any damage or loss to an MCS provider's equipment that is due
to the customer's failure to properly maintain and- operate such
equipment.
I. A customer shall be relieved from any responsibility for
reimbursing an MCS provider for equipment which malfunctions or
does not operate due to a hidden or latent defect in the equip-
ment or for equipment which fails to operate or improperly oper-
ates due to natural occurrences conditioned by the normal wear
and tear of such equipment, or for equipment damaged or destroyed
by an act of nature, and which is not covered by a customer's•
home or apartment insurance policy.
Sec. 10 -1932. SERVICE INQUIRY LOGS.
A. An MCS provider shall keep and maintain service inquiry logs,
subject to any limitations imposed by State or Federal law.
B. The purpose of the service inquiry logs is to assist the City
in assessing the type, degree, and rate of resolution of customer
23
service requests, inquiries, and complaints.
C. At a minimum, the service inquiry logs should contain the
following:
1. The time and date of initial receipt of any service
request, inquiry, or complaint together with the time and
date of initial response to that service request, inquiry, or
complaint;
2. The nature of the service request, inquiry, or complaint;
3. The precise action taken by an MCS provider in order to
resolve the service inquiry, request, or complaint;
4. Whether the service request, inquiry, or complaint was
resolved by allowing a credit or refund of some sort; and
5. The area, location, or quadrant of the City where the
service request, inquiry, or requested was generated.
D. In addition to any other right of inspection that the Council
may possess, it shall have the right to review and inspect a
compilation of such logs. However, the Council shall not have
the right of access, review, or inspection for any service in-
quiry logs or any information contained within service inquiry
logs that are otherwise protected from access, review, or inspec-
tion by State of Federal law.
E. This Section does not require MCS providers to maintain
service inquiry logs on scheduled installations.
Sec. 10 -1933. RESTORATION OF PROPERTY.
A. At any time an MCS provider (in furtherance of its right to
construct, operate, and maintain a multi - channel system), dis-
turbs a yard, residence, or other real or personal property, such
MCS provider shall ensure that the yard, residence, or other
personal property is returned, replaced, and /or restored to a
condition that is sufficiently comparable to the condition that
existed prior to the commencement of the work.
B. The costs associated with both the disturbance and the re-
turn, replacement, and /or restoration shall be borne by the MCS
provider. This subsection also requires the MCS provider to
reimburse a private property owner for any damage caused by the
MCS provider, its subcontractor, or its independent contractor in
connection with the disturbance of an owner's property.
C. The types of acts specifically included in this Section
the following:
24
are
1. Removal of sod, lawn, plants, shrubbery, flowers, trees,
driveway, or fence to install, trench, repair, replace,
remove, or locate cable or other equipment of ari MCS provid-
er;
2. Installation or removal of cable or other equipment of an
MCS provider within a residence which requires drilling,
excavating, plastering, or the like on the part of the MCS
provider;
3. temporarily relocating or moving a piece of personal
property or a fixture (such as a motor vehicle, fence, air
conditioning or heating unit, or the like) in order to per-
form some sort of construction, maintenance, or repair on the
multi- channel system; or
G. Permanently removing an MCS provider's cable or equipment
due to either the revocation, termination, or non - renewal of
a franchise (if applicable), or the abandonment, withdrawal,
or cessation of multi- channel service to any portion of the
City.
D. The requirements imposed upon the MCS provider extend to any
subcontractor or independent contractor that the MCS provider
might employ to perform the tasks outlined in this Section.
Sec. 10 -1934. SERVICE INQUIRIES, REQUESTS, COMPLAINTS, AND
RESPONSE TIMES, AND NEW INSTALLATIONS OR RECONNECTIONS OF SERV-
ICE.
A. Except in times of a natural or man -made emergency, or an
appointment scheduled with the mutual consent of a subscriber, an
MCS provider shall respond to the service inquiries, requests,
and complaints of subscribers within such MCS provider's normal
business or service hours, and within the time schedules detailed
in subsections B through I of this Section. Moreover, except in
emergency situations, an MCS provider shall inform the customers
whether the service call is scheduled for the morning, afternoon,
or evening hours. If the service call has to be canceled or
rearranged, then the MCS provider shall make every effort to
notify the customer as soon as possible, and if desired by the
subscriber, shall reschedule the service call for a time within
twenty -four (24) hours of the cancellation.
B. In the case of a signal or service interruption, a non- exempt
MCS provider shall respond to and make repairs as are necessary
to resume the signal or service to the subscriber within twelve
(12) hours from the time the non - exempt MCS provider first re-
ceived notification of the signal or service interruption.
C. In the case of repair to a piece of equipment in a sub-
scriber's residence, or repair to the cable (coaxial, fiber or
functional equivalent), the repair should be completed and the
situation resolved at the conclusion of the first service visit.
If the repair is not completed and resolved within three (3)
visits, and if as a result of the insufficient repair a situation
remains wherein there is a visually or audibly detected degrada-
tion of a multi - channel signal by human eye or ear, then the MCS
provider must immediately and completely replace all drop cable
(coaxial, fiber, or its functional equivalent), and /or any neces-
sary MCS provider equipment at no charge.
25
D. In no case shall a subscriber's service request or inquiry go
unresponded or unattended to for more than twelve (12) hours from
the time the MCS provider first received notification of the
service inquiry or request. Moreover, except in emergency situa-
tions, all requests and inquiries shall be handled or corrected
within thirty -six (36) hours from the time the MCS provider first
received notification. If a cancellation of a service call
occurs, then the MCS provider shall reschedule the call in a
manner consistent with the guidelines expressed in subsection A
of this Section.
E. A complaint /inquiry regarding loss of channels comprising a
service level, cluster, or tier will be responded to and correct-
ed within six (6) hours from the time the MCS provider first
received notification of the loss of all channels comprising a
service level, or service tier, or service cluster.
F. In case of a dispute concerning the precise time that the MCS
provider received notification, or the precise circumstances
surrounding the MCS provider receiving the notification, or
whether notification was received at all, the Council shall
reserve the right and authority to settle such a dispute.
G. New installations, upgrades, or reconnections of multi-
channel service by an MCS provider shall be performed and com-
pleted within five (5) days of a customer requesting such a new
installation, upgrade, or reconnection.
Sec. 10 -1935. MCS PROVIDERS REQUIRED TO MAINTAIN SUFFICIENT
REPAIR PARTS AND SUFFICIENT REPAIR PERSONNEL.
A. Except in times of natural or man made emergency, an MCS
provider shall at all times have access to and be able to secure
sufficient maintenance and repair parts and equipment for the MCS
system, so that the MCS provider can respond to and correct all
subscriber service interruptions within the time periods speci-
fied in this ordinance.
B. Except in times of natural or man -made emergency or. strike
(whose duration has been less than seventy-two (72) hours), an
MCS provider shall have sufficient maintenance and repair person-
nel so that the MCS provider can respond to and correct subscrib-
er service interruptions within the time periods specified in
this ordinance.
C. Notwithstanding the other requirements and . provisions in this
Section, an MCS provider shall maintain at least one (1) service
technician on call twenty -four (24) hours per day and which
technician can respond within the City within twenty (20) minutes
of a service call request.
Sec. 10 -1936. DISCONNECTION FOR NON- PAYMENT.
A. A subscriber shall not be considered delinquent in payment
26
until at least forty -five (45) days after the posting of the bill
to the subscriber and payment has not been received by an MCS
provider.
B . Before disconnection of a subscriber's multi - channel service
(either physically or electronically) takes place, the following
must occur:
1. The subscriber must in fact be delinquent in payment of
multi - channel service; and
4. At least five (5) days have elapsed after the subscriber
has either signed for or refused to accept a written notice
of impending disconnection.
C. The written notice of disconnection must expressly and clear-
ly state the amount that is owed by the subscriber to an MCS
provider, the minimum amount required to be paid to avoid discon-
nection, and the date and address of the local office where such
payment must be made.
D . An MCS provider who physically retrieves its equipment in-
cluding converter, remote control unit, or digital audio tuner),
from a subscriber must do so between 7:00 o'clock A.M. and 7:00
o'clock P.M.
E . An MCS provider may add a reasonable collection charge to the
subscriber's bill if the applicable provisions of this ordinance
and any applicable State regulations are followed.
Sec. 10 -1937. VOLUNTARY DISCONNECTIONS AND DOWNGRADES.
A. At any time a subscriber may request that a particular serv-
ice tier, service cluster, pay channel, premium channel, informa-
tional service, or the entire multi- channel service be discon-
nected.
B. Where provided by an MCS provider, a subscriber may request a
downgrade from a particular level of service to a less comprehen-
sive level of service or a less expensive level of service.
C. From the date that such a subscriber makes such a request for
either a disconnection or downgrade, then the MCS provider.shall
have three (3) service days to disconnect or downgrade the serv-
ice tier, pay channel, premium channel, informational service, or
entire multi-channel service. In the event that an MCS provider
does not disconnect or downgrade service within three (3) busi-
ness days, a subscriber's obligation to pay for the more compre-
hensive and /or higher priced service shall cease.
D. For a service tier, service cluster, premium channel or
informational service which is voluntarily disconnected, a sub-
scriber shall pay a pro rata share of the monthly rate for such
service tier, service cluster, premium channel or informational
service.
27
E. No separate disconnect or downgrade charge may be passed on
to a subscriber if it chooses to take advantage of a lower- priced
service tier /cluster or an optional service tier /cluster. Howev-
er, to prevent subscriber abuse of this voluntary disconnection,
or downgrade policy, a subscriber shall be charged a minimum one
(1) months full rate for any one service tier /cluster which is
disconnected and /or downgraded at least three (3) times within a
span of one hundred eighty (180) days.
F. If, however, an MCS provider's equipment is or has been
damaged by a subscriber prior to such disconnection, then the MCS
provider may charge the subscriber with the entire cost for such
damage provided that the MCS provider notifies the subscriber
within ten (10) days of the disconnection. A subscriber shall
not be required to pay for equipment failure if the circumstances
fall within the normal wear and tear guidelines established in
this ordinance.
G. Any refund due a subscriber after disconnection (both for
non - payment and voluntary) shall be made within sixty (60) days
after such disconnection.
H. In no event will this Section he viewed as abridging or
otherwise limiting the rights and remedies afforded by the sub-
scriber complaint /inquiry resolution process outlined in this
ordinance.
Sec. 10 -1938. PROTECTION OF SUBSCRIBER PRIVACY.
A. An MCD provider shall abide by any and all subscriber privacy
rules or regulations of the Federal or State governments.
B. For MCS providers classified as cable operators, such opera-
tors shall also abide by and comply with any subscriber privacy
protection requirements and procedures listed in 47 USC 551.
Sec. 10 -1939. RESOLUTION OF COMPLAINTS /INQUIRIES.
A. An MCS provider is required to develop a comprehensive com-
plaint /inquiry resolution policy that is consistent with the
rules and regulations outlined in this ordinance.
B. An MCS provider's complaint /inquiry resolution policy shall
be reduced to writing and such policy shall be available upon
request to any person. In any event, a subscriber shall receive
notice of such policy in the manner that is prescribed by this
ordinance.
C. The Council may establish a neutral, third -party appeal
process to handle complaints /inquiries that are not satisfactori
ly resolved at the MCS provider level.
D. An MCS provider's complaint /inquiry resolution policy shall
contain at least the following minimal standards:
28
1. The initial response to a complaint /inquiry shall occur
no later than twenty -four (24) hours after receipt of the
complaint /inquiry;
2. Every attempt will be made to resolve the
complaint /inquiry within twenty -four hours after receipt of
the complaint /inquiry;
3. Complaints /inquiries that fall into the category of
service inquiries shall abide by the procedure set forth in
this ordinance;
4. Informing subscribers of the credit /refund policy which
is consistent with this ordinance and any applicable State
regulations; and
5. Informing subscribers of the billing disputes policy
-which is consistent with this ordinance and any applicable
State regulations.
Sec. 10 -1940. POLICY WITH RESPECT TO CONTINUITY OF MULTI - CHANNEL
SERVICE PROVISIONS.
A. The Council declares that as part of its right to establish
multi - channel customer service guidelines, it has the duty to
ensure continuity of multi - channel service for all subscribers..
B. In addition to the principals and ideals enumerated in sub-
section A, the Council also expresses that its policy covers the
following:
1. To provide for continuity of multi-channel service in the
event of acquisition by the City;
2. To provide for continuity of service in the event of a
proposed abandonment, withdrawal, or cessation of multi-
channel service by an MCS provider;
3. To provide for continuity of service in the event of
revocation, termination, or non - renewal of a franchised MCS
provider's franchise;
4. To provide for continuity of service in the event that a
transaction occurs that affects the ownership or control of
the MCS provider, such as an assignment, sale, transfer, or
merger;
5. To provide for continuity of service in the event of an
expiration of a franchise;
6. To prevent disruption of multi - channel service which
would provide a hardship on those subscribers who rely on a
multi - channel system as their primary or secondary source for
information; and
29
7. To prevent the interruption or cessation of multi - channel
service which would disrupt or eliminate the diversity of
programming choices enjoyed by subscribers of a multi - channel
system, and thereby restricting their ability to receive
information.
C. In any situation (including those mentioned above) which
threatens the City and subscribers with the loss or interruption
in the continuity or multi - channel service, then the MCS provider
shall provide the Council with at least forty -five (45) days
notice (except in extreme circumstances) prior to the effective
'date of any action which would cause a loss or interruption in
the continuity of multi- channel service. The purpose of the
notice is to apprise the Council of the possibility of such loss
or interruption in the continuity of multi - channel service so
that it might explore its options and take appropriate measures.
D. Whenever any situation occurs (including those mentioned
above) which threatens the City and subscribers with the loss or
interruption in the continuity of multi - channel service, then the
Council may direct the MCS provider for a period of up to twenty -
four (24) months to do everything in its power to ensure that all
subscribers receive continuous, uninterrupted multi - channel
service of the same quality, mix, and level(s) regardless of the
circumstances.
E. During the interim period, the Council shall work with the
MCS provider in order to secure a new multi - channel system owner
or rectify the problem so that the threat of loss of continuity
is removed at the earliest possible instance.
F. During any interim period in which the MCS provider continues
to provide multi - channel service to subscribers, the MCS provider
is entitled to all revenues collected, except any sums owed
(including franchise fees, alternative user charges, and taxes)
to the City or to other persons.
G. In the event that the threat of loss of continuity is not
resolved within twenty -four (24) months, then the Council may
extend the interim period on a month -to -month basis until the
situation is satisfactorily resolved. Also, in such a circum-
stance, the Council may adopt any emergency rules or procedures
which will ensure that the subscribers will receive continuous,
uninterrupted multi- channel service of the same quality, mix, and
level(s).
Sec. 10-1941. PERIODIC MULTI- CHANNEL SUBSCRIBER SURVEYS.
A. At least every three (3) years after the adoption of this
ordinance, the City and any affected MCS provider shall at the
cost of MCS conduct a survey of current subscribers of that
particular MCS provider in order to ascertain the degree of
customer satisfaction /dissatisfaction with the subscriber sensi-
tive aspects of the multi- channel system including (but not
limited to) billing practices, response times, programming choic-
30
es available and receivable, responsiveness to inquiries, and
use, availability, and accessibility of any customer service
office.
B. If the survey results indicate or demonstrate that the
customer service practices set forth in this ordinance are not
sufficient to meet reasonable or identified projected City needs,
then the Council may take whatever measures are appropriate in
order to rectify the deficiency or insufficiency in a particular
customer service practice by one or more MCS providers.
Sec. 10 -1942. CONSTRUCTION SCHEDULE AND CONSTRUCTION RELATED
REQUIREMENTS.
A. In order to establish minimum uniform standards, the
Council requires any MCS provider to adopt the following minimal
construction schedule and construction - related requirements:
1. Construct, install, maintain, and repair the multi-
channel system in accordance with the requirements noted in
this ordinance;
2. Use streets and public ways as set forth in this ordi-
nance;
3. Where applicable, remove franchise property from public
streets as set forth in this ordinance;
4. Adopt the construction standards as set forth in this
ordinance;
5. Adopt the system expansion standards as set forth in this
ordinance;
6. Adopt the construction schedule as referred to in this
ordinance;
7. Abide by and act in strict accordance with all current
applicable technical codes adopted by the City, or the State,
or the United States; and
8. Maintain all permits and licenses as noted in this ordi-
nance.
Sec. 10 -1943. CONSTRUCTION OF GOOD QUALITY.
During any phase of construction, installation, maintenance, and
repair of the multi - channel system, the MCS provider shall use
materials of good and durable quality and all such work shall be
performed in a safe, thorough, and reliable manner.
Sec. 10 -1944. CONDITIONS ON USE OF STREETS AND PUBLIC WAYS.
A. All wires, conduits, cable (coaxial, fiber, or functional
equivalent)., and other property and facilities of an MCS provider
31
shall be so located, constructed, installed, and maintained so as
not to endanger or unnecessarily interfere with usual and custom-
ary use, traffic, and travel upon the streets, rights -of -way,
easements, and public ways of the City.
B. In the event an MCS provider's system creates a hazardous or
unsafe condition or an unreasonable interference with property,
then at its own expense such MCS provider shall voluntarily, or
upon the request of the Council, remove that part of the system
that creates the hazardous condition from the subject property.
C. An MCS provider shall not place equipment where it will
interfere with the rights of property owners or with gas, elec-
tric, or telephone fixtures or with the City's water and sewer
system or any other service or facility that benefits the City's
or its residents' health, safety, or welfare.
D. An MCS provider, at either its own expense or that of a
private contractor shall protect rights -of -way, easements, and
support or temporarily disconnect or relocate in the same street
or other public way, any property of such MCS provider when
necessitated by reason of;
1. traffic conditions;
2. public safety;
3. a street closing;
4. street construction or resurfacing;
5. change or establishment of street grade;
6. installation of sewers, drains, water pipes, storm
drains, lift stations, force mains, power or signal lines; or
7. any improvement, construction or repair related to the
City's or its residents health safety or welfare.
E. It shall be the responsibility of an MCS provider (acting
alone or in conjunction with another person) to locate and mark
or otherwise visibly indicate and alert others to the location of
its underground cable (coaxial, fiber, or functional equivalent)
before employees, agents, or independent contractors of such MCS
provider, install cable in the marked off area.
F. An MCS provider shall, on the request of any person holding a
building moving permit temporarily remove, raise or lower the
cable wires to allow the moving of the building. The expense of
temporary removal shall be paid by the person requesting it, and
such MCS provider may require payment in advance. The affected
MCS provider shall be given not less than five (5) days notice of
a contemplated move to arrange for temporary wire changes.
G. For all construction and installations occurring after the
effective date of this ordinance, all. cable (coaxial, fiber, or
functional equivalent) shall be placed underground.
Sec. 10 -1945. FRANCHISED MCS PROVIDER'S DUTY TO REMOVE FRAN-
CHISED PROPERTIES FROM THE PUBLIC STREETS.
32
A. This Section is applicable to any MCS provider required to
maintain a franchise to operate within the City.
B. Whenever the following occurs:
1. A franchised MCS provider ceases to operate all or part
of the multi- channel system for a continuous period of six
(6) months;
2. A franchised MCS provider ceases and fails to construct
the multi- channel system outlined in the application or
proposal for renewal or renewal franchise agreement;
3. The Council elects not to renew the franchise pursuant to
the provisions set forth in this ordinance;
4. The franchised MCS provider's franchise is revoked pursu-
ant to the provisions set forth in this ordinance.
Then, unless th City or another MCS provider uses such multi-
channel system under the continuity provisions outlined in this
ordinance, the affected franchised MCS provider shall promptly
remove its multi - channel system property from the streets, public
ways, and private property located within the City.
C. If not removed voluntarily by a franchised MCS provider, then
the Council may notify such franchised MCS provider that if
removal of the property is not accommodated within two hundred
seventy (270) days or substantial progress towards removal is not
made within two hundred ten (210) days, then the Council may
direct officials or representatives of the City to remove such
franchised MCS provider's system property at that franchised MCS
provider's expense. The performance and /or construction bond,
irrevocable letter of credit, cash deposit, or full faith and
credit guarantee required as set forth in this ordinance shall be
available to pay for such work.
D. If officials or representatives of the City remove a fran-
chised MCS provider's system property and such franchised MCS
provider does not claim the property within ninety (90) days of
its removal, then the Council may take whatever steps are avail-
able under State law to declare the property surplus and sell it
with the proceeds of such sale going to the City.
E. When such franchised MCS provider removes its multi - channel
system property from the streets, public ways, and private prop-
erty located within the City, the franchised MCS provider shall,
at its own expense, and in a manner approved by the Council
replace and restore such public or private property in as good a
condition as before the work causing the disturbance was done.
Sec. 10 -1946. CONSTRUCTION STANDARDS.
A. Methods of construction, installation, maintenance repair of
33
any multi - channel system shall comply with the most current
editions of the National Electrical Safety Code, and the National
Electric Code, as affects the construction, installation, and
maintenance of electrical supply and communication lines and
attachments and supports. To the extent that these are incon-
sistent with other provisions of a franchise, or. State or local .
law, then the more stringent shall govern in order to protect the
public health, safety, and welfare.
B. All installations shall treat the esthetics of the property
as a priority shall not substantially affect the appearance of
the structure, and shall not be: installed on the bias across
property or the face or side of a home or building without the
owner's permission.
C. All drops shall be underground and shall follow property
lines and cross property only at right angles unless otherwise
permitted by the owner.
Sec. 10 -1947. SYSTEM CONSTRUCTION SCHEDULE FOR FRANCHISED MCS
PROVIDERS.
A. This Section is applicable to any MCS provider required to
maintain a franchise to operate with the City.
B. A franchised MCS provider's construction schedule for the
multi - channel system shall be detailed in the franchise agreement
in a form and format determined by the Council.
C. A franchised MCS provider shall abide by the system construc-
tion schedule.
Sec. 10 -1948. SYSTEM EXPANSION FOR MCS PROVIDERS.
A. A franchised MCS provider shall extend multi - channel service
to any area within the City that has a density of ten (1.0) homes
or building passings per mile or fractional equivalent thereof as
measured from the extremity of the system nearest the unserved
area. Also, in such a case, a newly installed subscriber shall
not be assessed or apportioned the cost for installation, except
for the usual and normal connection fees paid by subscribers, so
long as the system expansion is technically feasible.
Sec. 10 -1949. PERMITS AND LICENSES.
An MCS provider shall obtain, at its own expense, all permits and
licenses required by law, rule, regulation, or ordinance, and
maintain the same in full force and effect for as long as re-
quired.
Sec. 10 -1950. COUNCIL'S POLICY WITH RESPECT TO SAFETY REQUIRE-
MENTS.
A. The Council requires that the MCS provider's construction,
operation, and maintenance of the multi- channel system meet
34
certain threshold safety levels which are designed to protect the
public and lessen the likelihood of interruption of multi- channel
service.
B. Consequently, the Council may require any non - exempt MCS
provider to adopt the following safety requirements:
1. Emergency alert override activation in the manner set
forth in this ordinance;
2. Minimum standby power as noted in this ordinance;
3. The provision of an indoor signal or safety alert tech-
nology in the manner noted in this ordinance;
4. Implementing a periodic preventative maintenance program
as set forth in this ordinance;
5. Follow all FCC rules and regulations concerning maximum
cumulative leakage index (CLI) limits; and
6. Comply with and abide by any construction, safety, or
fire codes as noted in this ordinance.
Sec. 10- 1951. PROVISIONS TO ALERT SUBSCRIBERS IN THE EVENT OF AN
EMERGENCY; STANDBY POWER.
A. In order that subscribers may be alerted in the event of an
impending, imminent or actual, natural, or man -made emergency,
then all MCS providers shall ensure that the multi - channel system
providing multi- channel service to all or part of the City is
designed so as to permit an authorized official of the City to
override the audio portion of all channels by touch tone phone
(or functional equivalent) from any location.
B. In addition to any other requirements listed in this Section,
an MCS provider shall:
1. Designate a channel which will be used for emergency
broadcasts of both audio and video;
2. Reasonably inform subscribers of the designated emergency
channel;
3. Maintain all channel video blanking capability to facili-
tate the needs of hearing and sight - impaired customers;
4. Test the emergency override system not less than once a
month;
5. Cooperate with the City on the use and operation of the
emergency alert override system; and
6. Develop a plan (with the City's concurrence) in order to
provide continuity of multi - channel service and response to
service calls in the event of a natural or man made emergen-
cy.
C. As one method of providing continuity of multi - channel serv-
ices in the event of a natural or man made emergency, an MCS
provider shall, unless exempted by the Council, have the capacity
for four (4) hour automatically activated standby power on all
trunk and feeder cable, and all headends, hubs, and receive sites
associated with the distribution of cable service to and through-
out the City.
Sec. 10 -1952. SAFETY ALERT TECHNOLOGY.
A. The Council considers the need for an indoor signal or safety
alert technology available to both subscribers and non- subscrib-
ers of an MCS provider's lowest level of programming service of
paramount interest and need and as such should be an integral
part of an MCS provider's system. Though in some ways similar to
the concept of emergency alert override, signal alert technology
is different and distinct in that it may be used by both sub-
scribers to basic service and non - subscribers to the basic serv-
ice of an MCS provider's system. Moreover, such safety alert
technology is connected to the National Weather Service twenty -
four (24) hour radio service including its new WRSAME/ "Site
Select" weather and warning system which specifically allows for
an indoor warning and notification via an audio alert voice path
regardless of whether an individual has a television receiver or
monitor, or an FM receiver and, moreover, can provide effectively
instantaneous alert and warning, as well as needed instructions
in addition to allowing key community oriented entities to commu-
nicate with both the general populace and selected segments of
the community.
B. In realization and recognition of the preceding, a non - exempt
MCS provider shall offer for use throughout the City (within
twelve (12) months of the effective date of this ordinance) a
signal or safety alert monitoring technology for purposes of
altering both subscribers and non - subscribers of a multi- channel
system to impending or occurring disaster emergencies and allow-
ing the City to communicate with both subscribers and the public
as the need to do so may exist at any time.
C. A non- exempt MCS provider shall cooperate with the City and
the provider of said technology in the marketing and distribution
of the necessary on premises alert receiving devices, including
the installation and replacement of such as may be needed from
time to time.
D. A non - exempt MCS provider shall install the necessary elec-
tronics, processing, and distribution equipment in the MCS pro-
vider's headend, and will ensure the maintenance, operating
condition, and replacement of such equipment as is necessary to
36
protect its continued use.
E. Notwithstanding the preceding, a non - exempt MCS provider has
no responsibility for repair of such equipment beyond obtaining
(in a timely manner) replacement from the manufacturer for inop-
erable components.
F. It is explicitly understood that one need not be a subscriber
to a multi - channel system to use the safety alert device and
receive the safety alert service so long as a drop is installed
into the address to which said device is attached. It is also
understood that the user need not have a television receiver.
G. The Council recognizes the positive effect on the safety of
the public in general, and the ability to save lives and property
of those who would otherwise be prevented from receiving the most
expeditious warning or alert possible without such a device and
technology. Consequently, the Council requires that all non-
exempt MCS providers shall participate in a periodic public
awareness campaign as deemed appropriate by the Council in coop-
eration with the Council and the manufacturer to inform the
citizenry and non -cable subscribers of the availability and cap-
ability of such safety alert technology.
H. An MCS provider shall assure that all subscribers to multi-
channel service receive printed material fully describing the
technology and its benefits, at least annually, and at the time
of installation.
I. An MCS provider shall allow non - subscribers of Basic Cable
Service the choice of purchasing or leasing the necessary equip-
ment which shall include the cost of installation on a non-
discriminatory basis and so inform such persons of both options.
J. Given the significant public safety and life and property
saving benefits of this technology and the resultant need of as
much of the general public as possible to be protected from the
otherwise unnecessary greater risk to life, limb, and property
associated with other alert /warning systems, an MCS provider
shall assure that the service is placed on the same level of
service and is priced commensurate with that for like
technology /service in the Mid - Western United States.
K. Given the importance and critical nature of preventing the
loss of life and property, and the need and ability of the Coun-
cil to communicate directly with the public in any number of
situations, including but not limited to those potentially in-
volving matters of life and death, and as this technology is
clearly not a programming service, the Council deems it appro-
priate to designate the use of the capability of such technology
as a governmental use of the system, and it is the intent of the
City that it be made available to all subscribers.
Sec. 10 -1953. IMPLEMENTATION OF A PREVENTATIVE MAINTENANCE
PROGRAM.
37
A. It shall be the duty of an MCS provider to devise and imple-
ment a quarterly preventative maintenance program for the multi-
channel system in order to ensure that there is no material
degradation of the multi- channel system that would effect the
citizens' health, safety, and welfare, or negatively affect the
quality of multi- channel services being provided.
B. Before the MCS provider implements such a program, it shall
be reviewed and approved by the Council. Within forty-five ( i,r, )
days after the completion of the quarterly preventative main-
tenance program, the MCS provider shall prepare and submit a
written report to the Council detailing the results of the tests
conducted and all items performed or addressed during the quar-
terly program. Although not exhaustive, the following areas
should be included in a preventative maintenance program and
subsequent report:
1. Inspection and repair, if needed, of the headend;
2. Inspection and repair, if needed, of the antenna tower;
3. Requiring weather proofing and protection of the antenna
lead connectors, and on any other exposed fittings;
4. Requiring the conducting of signal leakage tests that are
in accord with FCC requirements;
5. Removing tree roots, limbs, and branches that interfere
with or come in contact with the MCS provider's cable;
6. Requiring the periodic servicing, testing, and calibra-
tion of the MCS provider's equipment including
service vehicles and field test equipment;
38
equipment on
7. Employing a status monitoring system to identify problems
or situations in which the multi - channel electronics are
operating outside pre - programmed parameters;
8. Testing of the emergency alert system to ensure that it
will function properly during an emergency situation;
9. Testing of the safety alert system or technology.
Sec. 10 -1954. CONSTRUCTION, FIRE, AND SAFETY CODES.
A. An MCS provider shall construct, operate, maintain, repair,
remove, replace, or restore the multi - channel system in strict
compliance with all current technical codes adopted by the Coun-
cil, the State, or the United States.
B. The codes referred to specifically include but are not limit-
ed to construction, fire and safety, and zoning codes.
Sec. 10 -1955. ALTERNATIVE USER CHARGE.
A. This Section is applicable to any enfranchised but otberwi:s
authorized MCS provider and to any MCS provider who has had i
franchise ruled unconstitutional, unenforceable, or invalid. F.
all franchised MCS providers the provisions concerning franchis
fees shall be applicable.
B. Where not specifically prohibited by Federal or State law a.
as an alternative to the imposition of a franchise fee as set
forth in this ordinance, the Council may impose, extract, an
collect a charge from an affected MCS provider for the use b;
such provider of the streets, rights -of -way, easements, and
public ways of the City.
C. The alternative user charge shall be based on the followin
mathematical mode:
1. Determine the present value of `;all :. public streets
rights -of -way, easements, and public ways of the City i
which are located multi - channel system facilities and equ,
ment of the affected MCS provider;
2. Take the average percentage increase in land appr e,
a.i ;,
within the City (as determined by ..th'e Washington .Coe n;
Assessor for the City, for the five:.preceding years);
3. Take the average percentage increase for the. five .precis
ing years and use it to determine t amount of prop
erty value increase for the remaining 's
g,. :.term of the franchx:s
(if no franchise applicable, then use five years);
4. Add the present value to the dollar amount of propert,
value increase for the remaining term of the franchise (if,:
franchise applicable then use 5,years);
5. Divide the adjusted value by the remaining number
years on the term of the franchise :(.if. (n franchise applie
ble then use 5 years);
6. Multiply that figure by five percent (5 %) to arrive:
the annual user charge that is be collected from the
affected MCS provider.
For purposes of illustration . on_ly. formula reads as .
follows:
present value = the dollar'a.gount._.of the property valu
increase for remaining term .of�..t:he ...f.r,anehise (based on ..aver=
age percentage increase of land; appraisals for past years
franchise term;
divide the adjusted present value by
the term of the franchise;
39
the remaining. years o
multiply that figure by five percent (5%), _ (equals) the
annual alternative user charge.
D. The Council adopts such an alternative user charge in order
to receive fair compensation for the affected MCS provider's use
of the public streets and public ways if such compensation cannot
be obtained by imposing a flat percentage fee on such MCS provi-
der's annual gross revenues. However, an affected MCS provider
may agree to an alternative charge that is based on a flat per -
centage of gross revenues, as .long as that charge did not exceed
the maximum amount previously allowed under law that was assessed
as a franchise fee calculated as a percentage of an affected MCS
:provider's annual gross "revenues.
E. It is expressly ...,Understood that a franchise fee and an
alternative user charge will not be imposed on the same MCS
provider at the same time for the same period.
P. An affected MCS "p "rovider shall at no time be charged or
obligated to pay an alternative user charge that exceeds the
maximum amount previously allowed under law that was assessed as
a franchise fee calculated as a percentage of such MCS provider's
gross revenues (as defined by this ordinance) for any particular
reporting period. In the event that the alternative user charge
does exceed the maximum amount previously allowed under law that
was assessed as a franchise fee and calculated as a percentage of
gross revenues, then such alternative user charge should be
reduced to reflect an amount not greater than the maximum amount
previously allowed under law that was assessed as a franchise fee
and calculated as a percentage of gross revenues.
a An affected :MCS provider:``shall pay twenty -five percent (25 %)
of the alternative user ,.:char e at . the end of every three (3)
months.
.` 10 - 1956. PTtANCHIS 'REQtYIRED;. EXCEPTION.
xcept as provide d, °i n' .' subsections B, C, and D of this Sec -
idn, - no person or MQS provider shall be permitted to construct,
erate, or maintain ' multi= channel system which requires the
flying or positioning of`'cabl`e (coaxial, fiber, or functional
uival ent) across the .rights -of -ways of the City without having
ir`stobtained a franchise and then entering into a franchise
reement with the City.
Pursuant to the CCPA, a•local government may own and operate
tilti- channel systeM classified as a cable system. Consequent -
should the Council.`directly or indirectly, through any legal
its available to the Council, decide to purchase, acquire,
ri struct,: lease, contr1, or otherwise own a cable system within
; territorial limits of the City, then the Council shall not be
ii+ed to submit a proposal for or receive a franchise in order
nstruct,operate, and maintain a cable system within the
6g raphical limits of the City.
40
C. In the case of a person or MCS provider lawfully providing
multi - channel service without a franchise on July 1, 1984, then
such person or MCS provider shall not be required to obtain a
franchise and enter into a franchise agreement unless the Council
expressly requires the person or MCS provider to do so.
D. If, as a result of annexation (either previous to or subse-
quent to, the effect date of this ordinance), an MCS provider
comes under the jurisdiction of the City, then such MCS provider
shall be subject to the provisions of this ordinance, including
(if applicable) obtaining a franchise. Any such franchise shall
extend only to the territory comprising the annexed area.
E. Where a person or MCS provider is required by the Council to
obtain a franchise, then the Council shall notify the person or
MCS provider in writing within thirty (30) days of the Council's
formal action.
F. After receipt of notification the affected person or MCS
provider has ninety (90) days to submit an application or propo-
sal in substantially the same form and format as required by the
Council. Then the affected person or MCS provider's application
will be handled as set forth by either State or local law.
Sec. 10 -1957. AUTHORITY TO GRANT NON- EXCLUSIVE FRANCHISES.
A. Consistent with 47 USC 541, the Council may award one (1) or
more nonexclusive multi- channel service franchises within its
geographical limits. With the exception of existing non- exempt
MCS providers in an area annexed by the City and subject to
Section 10 -1948 of this ordinance, the Council shall not award a
franchise for a service area comprising less than the entire City
limits. Existing non - exempt MCS providers as of the effective
date of this ordinance may, but are not required to, serve any
subsequently annexed area of the City in a manner consistent with
line extension policies outlined in this ordinance, and which are
specifically noted in the MCS provider's franchise agreement.
Further, any MCS provider not exempt on the effective date of
this ordinance may not commence service to subscribers until it
has completed construction of its cable system to fifty percent
(50 %) of the service area. The provisions of Section 10 -1908 of
this ordinance do not apply to this subsection.
B. A franchised MCS provider shall be selected as part of a
public proceeding and hearing which affords due process to both
the City and the applicant and after which, if the applicant is
selected as a franchised MCS provider, then such applicant will
enter into a franchise agreement with the City pursuant to the
provisions of Federal, State, and local laws and regulations.
Sec. 10 -1958. FRANCHISE AGREEMENT; MINIMAL REQUIREMENTS.
A. If the Council awards an applicant a franchise to construct,
operate, or maintain a multi- channel system within the City or
41
approves a proposal for a renewal of a franchise, then within one
hundred eighty (180) days an applicant or a renewal franchised
MCS provider and the City shall enter into a franchise agreement
which details the rights, duties, responsibilities, and liabili-
ties of both parties.
B. A newly franchised MCS provider may not lay any cable (coax-
ial, fiber, or functional equivalent) until the franchise agree-
ment is executed by both the newly franchised MCS provider and
the Council.
C. A franchise agreement shall be in sufficient detail in order
to clearly delineate the rights and duties of the franchised MCS
provider and the Council.
D. At a minimum, a franchise agreement shall contain provisions
for the following: 1) a detailed definition of "annual gross
revenues" or "gross revenues" which specifically includes an
explanation of what constitutes the revenue base for determining
what revenues are subject to any franchise fee or alternative
user charge; 2) the term or duration of the franchise; 3) indem-
nity and holds harmless clauses; 4) insurance; 5) performance
and completion bonds or security deposits; 6) construction,
upgrade, or rebuild schedule; 7) franchise fees; 8) continuity of
multi- channel programming service; 9) repeal of prior inconsist-
ent franchise agreements; and 10) a severability clause.
Sec. 10 -1959. EXTENT OF GRANT OF FRANCHISE.
A. Upon an award of a franchise and the subsequent execution of
the franchise agreement, an MCS provider required to obtain and
maintain a franchise may construct, erect, install, maintain,
operate, repair, replace, remove, or restore a multi - channel
system within the geographical limits set forth in the franchise
agreement.
B. The franchised multi - channel system may be located in, upon,
along, across, over, and under the streets, rights -of -way, ease-
ments, and public ways of the City.
C. If necessary, the responsibility of obtaining easements for
private property (including privately owned utility or street
light poles) shall be that of a franchised MCS provider.
D. A franchised MCS provider, through a separate pole or utility
easement agreement with an affected utility, may locate the
multi - channel system on or within the property of such utility
company. This provision specifically includes MCS providers
classified as cable operators.
Sec. 10 -1960. TERM OF FRANCHISE.
A. The term of an initial renewal franchise may be for a period
not to exceed ten (10) years from the date that a franchise
renewal agreement is approved by the Council.
42
B. If an initial franchise or renewal franchise is for a period
of Fix (6) years or less, then the franchise agreement shall
detail the reasons for granting the shorter franchise term.
C. The reasons for a franchise term of six (6) years or less
include and are limited to the following:
1. Multiple or repeated violations of the prior franchise
agreement;
2. Multiple or repeated violations of this ordinance, or any
mandated provisions of the Cable Act of 1984;
3. A continuing and documented pattern of substandard or
non - responsive service;
4. Reckless disregard for the safety and welfare of the
citizens of the City;
5. Failure to comply with any construction, rebuild, or
upgrade schedule; and
6. Failure to timely pay in their entirety any franchise
fees or taxes or other charges due to the City.
D. The Council reserves the right to grant a franchised MCS
provider a variable franchise term wherein the initial or renewal
term may be extended by up to two (2) years (not to exceed ten
(10) years total) upon the franchised MCS provider attaining an
"excellent" rating during the course of a periodic performance
evaluation.
E. The Council reserves the right to grant a franchised MCS
provider a variable franchise term wherein the initial or renewal
term may be extended by up to two (2) years (not to exceed ten
,(10) years total) should the franchised MCS provider consistently
an continually meet the Council's objectives with respect to the
provision of broad categories of video programming as noted in
this ordinance.
F. The Council reserves the right to reduce the term of the
franchise by one (1) year for each material, repeated occurrence
of an uncured /unremedied violation of the franchise or this
ordinance, pursuant to the procedures set forth in Section 10-
1964 of this ordinance or when the MCS provider fails to attain a
minimum rating of "adequate" (on a scale of "excellent," "ade-
quate," and "poor ") for any two (2) successive periodic perfor-
mance reviews as set forth in Section 10 -1965 of this ordinance.
G. Should the highest court of the nation or State invalidate,
void an unenforceable or unconstitutional the concept of a fran-
chise or franchise duration, then the Council may adopt emergency
rules and regulations in order to preserve and protect the rights
and duties of both the Council and any franchised MCS provider.
43
During the interim, the invalid franchise may be considered
(unless prohibited by the State) and interpreted in the same
manner and fashion as a business license or other comparable
authorization. Upon the adoption of emergency rules, the Council
should enter into a new agreement which describes which terms and
conditions of the franchised MCS provider's system may be re-
viewed and examined, and under what circumstances may a fran-
chised MCS provider forfeit its right to operate a multi - channel
system within the City.
Sec. 10 -1961. APPLICATION FOR FRANCHISE; APPLICATION FEE.
A. The Council may develop rules and regulations with respect to
the submission and processing of applications for a franchise.
Such rules and regulations shall primarily be aimed at determin-
ing the legal, financial, technical, and character qualifications
of the applicant.
B. Unless prohibited, an applicant shall pay an application fee
which shall be equal to the administrative and consulting costs
associated with processing an application for a franchise. The
total application fee must be paid, unless waived, regardless of
whether the applicant receives or does not receive a franchise.
The total application fee must be paid (or waived.) prior to the
Council's formal action on the applicant's request for a fran-
chise.
Sec. 10 -1962. FRANCHISE FEES.
A. Any non - exempt franchised MCS provider (specifically including
any MCS provider classified as a cable operator) awarded a
franchise or renewal franchise after the date this ordinance
becomes effective shall pay to the City for the privilege and use
of the streets, rights -of -way, easements, and public ways, and
other facilities of the City in the operation of the multi-
channel system and for the City's supervision thereof during the
term of the franchise a sum equal to five percent (5%) of the
annual gross revenues of such non - exempt franchised MCS provider.
Such fee shall explicitly be separate from and in addition to any
fees or charges for the use or occupancy of any municipally owned
conduits or other facilities owned by a municipally owned utili-
ty.
B. If the FCC, Congress or other governmental entity with au-
thority over multi- channel service ever allows a governmental
entity or Council to increase the franchise fee beyond five
percent (5 %) then the Council shall have the authority to in-
crease the franchise fee to the maximum rate allowable.
C. The five percent (5 %) franchise fee shall be deposited into
the general revenues of the City unless specifically authorized
elsewhere.
D. A non - exempt franchised MCS provider shall file with the
Council within forty -five (45) days after the expiration of each
44
of the franchised MCS provider's fiscal quarters a detailed
financial and revenue report clearly showing the gross revenues
received by such franchised MCS provider during the preceding
quarter and certified by a certified public accountant or officer
of a franchised MCS provider attesting to the accuracy, complete-
ness, and veracity of the revenue figures. Such report shall be
in the form and format acceptable to the Council. Such report
shall include revenue from whatever source, directly or indirect-
ly derived from or allowed or caused to be derived from or appli-
cable to the operation of the multi-channel system, or the provi-
sion of any multi- channel service by or to the multi- channel
system. Revenue will be reported by service category, type, and
level showing computations and using incremental billing rates
for all sources, levels, tiers, and types of service and other
revenue sources of all kinds and types.
E. Payment of the quarterly portion of the franchise fee shall
be rendered to the City at the time the revenue report is filed.
F. In the event that payment is not made within thirty (30) days
after the date specified in this Section, then such franchised
MCS provider may be declared in default of the franchise, and the
franchise may be revoked, terminated, or canceled in the manner
prescribed by this ordinance.
G. The Council reserves the right to audit a franchised MCS
provider books if the Council deems it necessary. If such audit
discovers an under payment of franchise fees that exceeds two
percent (2 %) of the total fee paid for any reporting quarter,
then the affected franchised MCS provider shall reimburse the
City for the cost of such an audit. It is specifically under-
stood that the right of audit and recomputation of any and all
amounts paid under a franchise fee shall always be accorded to
the Council.
H. All annual reports due and pertaining to the payment of
franchise fees will be certified by an officer of the franchised
MCS provider and such provider shall maintain records used in the
preparation of said report to be produced in their originality
and totality upon request or demand by the Council.
I. No acceptance of any payment shall be construed as a release
of or an accord or satisfaction of any claim that the City might
have for further or additional sums payable under the terms or
this ordinance or for any other performance or obligation of a
franchised MCS provider hereunder.
J. Payments of compensation made by a franchised MCS provider to
the City pursuant to the provisions of this ordinance shall be
considered in addition to and exclusive of any and all authorized
taxes, business license fees, other fees, other levies or assess-
ments presently in effect or subsequently adopted.
K. A franchise fee does not include any items excluded by Sec-
tion 47 USC 542 (g)(2)(D).
45
L. Nothing in this section shall be construed to limit the
authority of the Council to impose a tax, fee, or other assess-
ment of any kind on any person (other than a franchised MCS
provider) with respect to multi- channel service or other program-
ming or communications service provided by such person over a
multi - channel system for which charges are assessed to subscrib-
ers but not received by a franchised MCS provider. For purposes
of illustration only this subsection shall include the
situation(s) where a premium service directly bills a subscriber,
or the franchised MCS provider merely acts as collection agent
for a premium service billing directly to a subscriber, or where
a person leases a channel for commercial use and sells advertis-
ing or goods on that channel, and receives the money directly or
through a third party.
M. For any twelve (12) month period, the fees paid by any person
subject to subsection (L) who provides any such multi- channel
service shall not exceed five percent (5%) of such person's gross
revenues derived in such period from the provision of such serv-
ice over the multi-channel system.
N. If at any time the highest court of the nation or the highest
court of the state invalidates, voids, or rules as unconstitu-
tional the concept of franchise fees, then the Council may impose
an alternative user charge on the franchised MCS provider in the
manner set forth in this ordinance.
Sec. 10 -1963. ASSIGNMENT OR TRANSFER OF FRANCHISE.
A. Where required for operation, an MCS provider's franchise may
not be assigned or transferred in whole or in part by the affect-
ed MCS provider without the prior express written approval by the
Council.
B. Any attempted assignment or transfer without such prior
written consent shall constitute a default of such franchise.
C. In the event of such a default the Council shall proceed
according to the procedure set forth in this ordinance and any
applicable State law.
D. At least ninety (90) days before a proposed assignment or
transfer of an MCS provider's franchise is scheduled to become
effective, such franchised MCS provider shall petition in writing
for the Council's written consent for such a proposed assignment
or transfer.
E. The Council will not unreasonably withhold its consent to
such an assignment or transfer. However, in making such a deter-
mination, the Council may consider the following:
1. Experience of proposed assignee or transferee (including
conducting an investigation of proposed assignee or transfer-
ee's service record in other communities);
46
2. Qualifications of proposed assignee or transferee;
3. Legal integrity of proposed assignee or transferee;
4. Financial ability and stability of the proposed assignee
or transferee;
5. If requested by the Council, submittals from the proposed
assignee or transferee on what, if any, changes it intends to
make in the operation and maintenance of the present multi-
channel system;
6. The economic viability or non - viability of the multi-
channel system in the future based upon certain factors
including the impact of the purchase price on the City and /or
the proposed assignee or transferee; and
7. Any other legitimate aspect of the proposed assignee's or
transferee's background which could affect the health, safe-
ty, and welfare of the citizenry of City as it relates to the
operation of the multi- channel system.
F. A copy of the completed sales agreement or a functionally
equivalent instrument between the franchised MCS provider and
proposed assignee or transferee shall be provided by the Council
so the Council may discover the assumption of obligations by the
franchised MCS provider and proposed assignee or transferee with
respect to the multi-channel system. In lieu of the sales agree-
ment, the Council may accept an attested summary of obligations
assumed by the above referenced parties.
G. Before an assignment or transfer is approved by the Council,
the proposed assignee or transferee shall execute an agreement
acknowledging that it has read, understood, and intends to abide
by both this ordinance and the applicable franchise agreement.
H. In the event of any approved assignment or transfer, the
assignee or transferee shall assume all obligations and liabili-
ties of the former franchised MCS provider except as noted in
subsection (I).
I. An assignment or transfer shall not relieve the former fran-
chised MCS provider of its liabilities under the franchise agree-
ment until the assignment actually takes place or unless specifi-
cally relieved by Federal or State law, or unless specifically
relieved by the Council at the time an assignment or transfer is
approved.
Sec. 10 -1964. DEFAULT OF FRANCHISE; REVOCATION, TERMINATION OR
CANCELLATION OF FRANCHISE.
A. When any event, act or omission (on the part of the fran-
chised MCS provider) occurs which represents a violation of an
integral provision of this ordinance, or compromises the corpo-
47
rate character, or legal, financial or technical integrity and /or
stability •of the multi- channel system or the franchised MCS
provider to such a degree that the interests of the subscribers
and users are negatively affected, then such event, act or omis-
sion may be considered a major breach of this ordinance. Under
such circumstances, the Council shall notify the affected MCS
provider to comply with all such provisions of its proposal,
franchise agreement, or this ordinance.
B. For illustrative purposes only, the events, acts and omis-
sions include but are not limited to bankruptcy, insolvency,
failure to pay taxes or franchise fees (including the alternative
user charge if applicable), failure to receive written
Council approval for an assignment or transfer, or failure to
abide by the integral terms and conditions of the franchise
agreement or integral provisions of this ordinance.
C. Where a franchised MCS provider satisfactorily corrects any
of the enumerated conditions within thirty (30) days, then in no
event shall the enumerated condition be weighed against such
franchised MCS provider in any subsequent review of franchise
performance.
D. A copy of such notice of material breach shall be mailed to
the surety on the performance bond.
E. Within seventy-five (75) days after such written notice is
mailed to a franchised MCS provider the Council shall conduct a
public hearing on the matter.
F. The Council shall provide written notice to a franchised MCS
provider and the surety of the time and place of said public
hearing in a manner consistent with either State law or approved
by the Council.
G. At the time of the hearing, the affected franchise MCS pro-
vider may present information on the current status of the al-
leged breach of the franchise agreement. If the situation has
been resolved or steps are being taken to resolve the situation,
then the franchised MCS provider should present the information
at the hearing.
H. If the affected franchised MCS provider fails to attend the
hearing and has not requested a continuance of the hearing, then
such franchised MCS provider shall be deemed to have waived its
right to a further continuation of the matter and may be declared
in default of the franchise agreement.
I. After the public hearing the Council may determine the fran-
chised MCS provider to be in compliance and dismiss the matter or
may determine that the MCS provider has cured any non - compliance
and thereby dismiss the matter. However, the Council may deter-
mine that an ordinance violation exists and remains uncured.
Consequently, upon a finding that the MCS provider violated an
integral ordinance provision or failed to cure an outstanding
48
ordinance violation, the Council may direct the affected fran-
chised MCS provider to take corrective action within a specified
period of time or may declare such franchised MCS provider in
default of the franchise agreement and thereby may revoke, termi-
nate, or cancel the franchise unless the franchised MCS provider
presents sufficient mitigating circumstances.
J. If the Council directs corrective action to take place within
a specified time or declares such franchised MCS provider in
default of the franchise agreement, then that declaration shall
be reduced to writing and the notice of corrective action or
default shall be mailed to such franchised MCS provider and
surety within fifteen (15) days of the Council's action.
K. If within forty -five (45) days the affected franchised MCS
provider or surety does not take significant action to rectify
the breach or submit a plan detailing how the affected MCS pro-
vider will eliminate the breach, then the Council shall revoke
such MCS provider's franchise and shall notify the affected
franchised MCS provider and surety forthwith unless there are
mitigating circumstances.
Sec. 10 -1965. PERFORMANCE EVALUATIONS.
The Council is authorized to design a performance evaluation
procedure which periodically monitors compliance of the fran-
chised MCS provider with the terms and conditions of both the
franchise and this ordinance. Moreover, the Council may periodi-
cally review and examine whether a franchised MCS provider's
financial, technical, legal, and character qualifications contin-
ue to meet required operational, maintenance, and performance
levels in order to ensure the uninterrupted provision of multi-
channel services. Such performance evaluations may be conducted
every three (3) years during the franchise term and may be done
as part of any required survey.
Sec. 10 -1966. SPECIFIC ADDITIONAL RULES FOR MCS PROVIDERS CLAS-
SIFIED AS CABLE OPERATORS.
A. In addition to any requirements contained within this ordi-
nance, all non - exempt MCS providers that are classified as cable
operators shall be expected to abide by and comply with all
applicable provisions of the Cable Communications Policy Act of
1984.
B. The specific provisions of the Cable Act of 1984 include but
are not limited to the following:
1. Cable channels for public, educational, or governmental
use;
2. Cable channels for commercial use;
3. General franchise requirements;
49
4. Franchise fees;
5. Regulation of rates;
6. Regulation of services, facilities, and equipment;
7. Modification of franchise obligations;
8. Franchise renewal;
9. Conditions of sale of a franchise;
10. Subscriber privacy; and
11. Equal employment opportunity.
C. Further, as an additional requirement, before the second
anniversary of the effective date of this ordinance, any non-
exempt MCS provider classified as a cable operator and providing
cable service within the City shall have designed, built, and
activated a multi- channel service with a channel capacity of at
least fifty -four (54) channels. Thereafter the Council may
evaluate the availability of new programming available on the
market to any non - exempt MCS provider and the usage of the exist-
ing channels of the system and the Council may then require an
expansion of the system and the addition of channels exceeding
the original fifty -four (54).
D. Further, the Council is committed that the goal of the CCPA
as set forth in 47 USC 521 (4) is met at all times. The Council
expressly requires that upon the advent, implementation, and
transmission of high definition television (HDTV), its functional
equivalent, or any subsequently developed technological advance-
ment effecting channel capacity or needed bandwidth for any video
programming source of service, the cable operator shall not
lessen, dilute, or decrease the mix, level, quality, or quantity
of programming services carried on the cable system for reasons
of lack of adequate channel capacity or technically modern equip-
ment. All programming services which may be received with stereo
signals shall be shall be provided to all subscribers with the
stereo signal.
E. The Council in the interests of minimizing on going operating
costs to the cable operator and the resultant increases in rates
and charges paid by subscribers is committed to the introduction
of technological advancements that could realize such benefits to
both the cable operator and subscriber. Therefore, unless an
operator can demonstrate that it is both technologically and
economically unfeasible, the affected cable operator shall within
eighteen (18) months of the effective date of a franchise renewal
agreement, or at the time of initial construction under a new
franchise agreement, introduce addressable technology allowing
cable service levels to be changed without the expense (either to
50
the operator or subscriber) bf a separate trip or call.
Sec. 10 -1967. SPECIFIC ADDITIONAL PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL RULES FOR MCS PROVIDERS CLASSIFIED AS CABLE OPERA-
TORS.
A. The Council recognizes that under 47 USC 531, the Council has
certain power with respect to certain aspects for public, educa-
tional, or governmental (PEG) use that is provided by MCS provid-
ers classified as cable operators.
B. To the extent permitted by law, and in order to fulfill the
Council's desired goal of a public, educational, and governmental
(PEG) access policy that will facilitate the long range needs of
the City, the Council adopts the following:
1. At the time of an initial application for an MCS fran-
chise for a cable system and contained within any renewal
franchise agreement, an MCS provider classified as a cable
operator shall include the following guarantees:
a. An MCS provider classified as a cable operator
shall provide, at its own expense, one channel for
local educational purposes by any local education
system or institution.
b. An MCS provider classified as a cable operator
shall provide, at its own expense, one governmental
channel that is available to the City of Blair for
any governmental purpose.
c. An MCS provider classified as a cable operator
shall provide, at its own expense, one public
access channel that is available for use by various
community groups and organizations.
2. At such time as the Council determines the need for more
channel time to exist on any given access channel, an MCS
provider shall make any or all of the access channels avail-
able for more than twelve (12) hours per day upon thirty (30)
days written notice.
3. Both the Council and the affected cable operator shall
review use after every six (6) months, including the percent-
age of use of every PEG channel. At the end of each six (6)
month period, the Council shall evaluate the response and
actual use of such channels. If after any six (6) month
period, the percentage of use for any required PEG channel
drops below twenty -five percent (25 %) of the total time
allocated, then the required number of hours shall be reduced
to a number that most closely approximates the average hours
of use per day. If the Council determines the average hours
of use per day for any required PEG channel is less than one
(1) hour then the requirement for that channel's availability
shall cease and an affected cable operator may use such
channel for any lawful purpose unless and until the Council
determines that need for the use of the channel again exists.
4. If at any time ninety percent (90 %) of the total time
allocated for any required PEG channel is consistently used
five (5) days a week for a period of three (3) months, then
the cable operator shall provide an additional PEG channel.
5. A non - exempt MCS provider shall provide basic cable
service to all City of Blair and to all School District No. 1
of Washington County (Blair Community Schools) facilities.
Sec. 10 -1968. THE COUNCIL'S OBJECTIVE WITH RESPECT TO THE PROVI-
SION OF BROAD CATEGORIES OF VIDEO PROGRAMMING.
A. MCS providers shall be required to include at least the
following broad categories:
1. All local broadcast stations including all off air chan-
nels available, including but not limited to Omaha, Lincoln,
Sioux City, and Nebraska and Iowa educational stations.
2. At least one satellite delivered 24 -hour a day variety
channel with a Christian influence similar to the programming
provided on CBN Network.
3. At least one satellite delivered 24 -hour a day channel
that provides customers with a continuously updated schedule
of programming for all cable channels and services similar to
programming provided by the Preview Channel.
4. At least three satellite delivered 24 -hour a day Super -
station channels similar to programming provided by Supersta-
tion channels WGN, WWOR, and TBS.
5. At least two satellite delivered governmental affair
channels similar to programming provided by C -SPAN and C -SPAN
II.
6. At least one satellite delivered 24 -hour a day channel
that solicits goods and services to home shoppers similar to
programming provided by the Home Shopping Network.
7. At least two satellite delivered 24 -hour day sports
channels similar to programming provided by ESPN and the
Prime Sports Network.
8. At least two satellite delivered 24 -hour a day all news
channels similar to programming provided by the Cable News
Network and CNN Headline News channels.
9. At least one satellite delivered 24 -hour a day country
music channel similar to programming provided by the Nash-
ville Network.
52
10. At least one satellite delivered 24 -hour a day weather
channel similar to programming provided by the Weather Chan-
nel.
11. At least one satellite delivered 24 -hour a day
commercial free classic movie channel similar to the program-
ming provided by the American Movie Classics channel.
12. At least one satellite delivered 24 -hour a day science
fiction channel similar to programming provided by the SCI /FI
channel.
13. At least one satellite delivered 24 -hour a day fine arts
and entertainment channel similar to the programming provided
by the Arts & Entertainment Network.
14. At least one satellite delivered 24 -hour a day channel
that programs for children similar to the programming on
Nickelodeon.
15. At least one satellite delivered 24 -hour a day variety
channel similar to the programming on the TNT channel.
16. At least one satellite delivered 24 -hour a day music
channel similar to the programming provided by the MTV and
VH -1 networks.
17. At least two satellite delivered commercially produced
educational /instructional channels similar to the programming
on the Discovery Channel and Lifetime.
B. All off air channels shall be carried on the same cable
channel as is their off air channel designation. All other
channels shall be carried on their off air channel designation,
if any, it does not conflict with an off air channel designation.
C. MCS providers shall make available to their subscribers
available pay for view services and programming.
Sec. 10 -1969. THE COUNCIL'S POLICY REGARDING THE PROVISION OF
SEAMLESS OR "SEE THROUGH" TECHNOLOGY.
A. The Council recognizes the fact that it
is in the public's interest to be able to utilize the functions
inherent in subscriber receiving equipment without having to
incur additional costs to obtain the same functions. Consequent-
ly, the Council may require that:
1. Unless an MCS provider can demonstrate to the City that
it is technically or economically unfeasible or commercially
impracticable, then such MCS provider shall provide the
ability to utilize the functions inherent in subscriber
equipment in a seamless or "see through" manner which allows:
a. the use of any built in remote control capabil-
ity of a subscriber's television for the control of
any and all television channels provided by the MCS
provider without the use or necessity of additional
equipment; and
b. the ability to record video programming on any
channel provided by the MCS provider while watching
programming on any different channel, without the
use or necessity of any additional in home equip-
ment other than the television receiver /monitor and
a recorder.
Sec. 10 -1970. MISCELLANEOUS PROVISIONS- TAMPERING AND UNAUTHOR-
IZED RECEPTION OF CERTAIN SERVICES.
A. Consistent with 47 USC 553, no person shall intercept or
receive or assist in intercepting or receiving any communications
service offered over a multi - channel system unless specifically
authorized to do so by an MCS provider or as may otherwise be
specifically authorized by law.
B. For the purpose of this Section, the term "assist in inter-
cepting or receiving" shall include the manufacture or distribu-
tion of equipment intended by the manufacturer or distributor (as
the case may be) for the unauthorized reception of multi - channel
service as noted in subsection (A) of this Section.
C. Without securing permission from an MCS provider or making
payment to an MCS provider, then no person shall be authorized to
make any connection whether physically, electrically, acoustical-
ly, inductively, or otherwise with any part of an authorized or
franchised multi- channel system for the purpose of receiving or
intercepting or assisting others to receive or intercept any
cable service provided lawfully by the MCS provider.
D. No person shall be authorized to willfully tamper with,
remove, or damage any cable, wires, equipment, or facilities used
for the distribution of multi - channel services.
E. Any and all MCS providers are encouraged to work with the
Council in developing and implementing a plan designed to control
and eliminate the unauthorized reception of certain cable servic-
es within the City.
Sec. 10 -1971. EFFECTIVE DATE. This ordinance shall become
effective from and after its passage and publication in pamphlet
form by the City Clerk as required by law.
PASSED AND APPROVED this 2 3 D- day of
54
OME JENNY, MAY,
FEBRUARY
, 1993.
ATTEST:
( L ;32i
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
� ®t®vv evve rvrrr a aega
baz ,9�`c�'Ct , , / 'V,, NEBRASKA )
) ss
m4 RIIN4:TO T COUNTY )
AL ` # ILICE I. DIEDRICHSEN hereby certifies that she is the
4 : FAIPtakV0 pa .nted, qualified and acting City Clerk of the City of
B �ir,p` N braska, and that the above and foregoing Ordinance was
•
1 % 4 7 �' ` � 0 nd approved at a regular meeting of the Mayor and City
°° 1iOrvel of said City held on the 23 RD day of FORUM
1993.
CE I. DIEDRICHSEN, CITY CLERK
55
SECTION 1. Section 5-613 of the Municipal Code is hereby
ORDINANCE NO, 1628
AN ORDINANCE AMENDING SECTION 5 -613 OF THE MUNICIPAL CODE PROHIB-
ITING DRIVING UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR OR DRUG;
PROVIDING FOR PENALTIES THEREFOR; REVOCATION OF OPERATOR'S LI-
CENSE; APPLICABILITY TO VIOLATION OF ORDINANCES; PROBATION;
ALCOHOL TREATMENT PROGRAM; AND AMENDING SECTION 5 -614 PROVIDING
FOR IMPLIED CONSENT OF THE OPERATOR OR OPERATORS OF MOTOR VEHI-
CLES TO SUBMIT TO CHEMICAL TESTS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
amended to read as follows:
Sec. 5 -613 DRIVING UNDER INFLUENCE OF ALCOHOLIC LIOUOR OR DRUG:
PENALTIES: REVOCATION'OF OPERATOR'S LICENSE: APPLICABLE TO VIOLA-
TION OF ORDINANCES: PROBATION: ALCOHOLISM TREATMENT PROGRAM. It
shall be unlawful for any person to operate, or be in actual
physical control of any motor vehicle (1) while under the influ-
ence of alcoholic liquor or of any drug; (2) when such person
has a concentration of ten - hundredths of one gram or more by
weight of alcohol per one hundred milliliters of his or her
blood; (3) when such person has a concentration of ten - hundredths
of one gram or more by weight of alcohol per two hundred ten
liters of his or her breath, or; (4) when such person has a
concentration of ten - hundredths of one gram or more by weight of
alcohol per one hundred milliliters of his or her urine. Any
person who shall operator or be in the actual physical control of
any motor vehicle while in a condition described in subdivision
(1), (2), (3),.or (4) of this section shall be deemed guilty of a
crime and upon conviction thereof, shall be punished as follows:
1. If such person has not had a previous conviction
under any City or Village Ordinance or State Statute
eight (8) years prior to the date of the current convic-
tion such person shall be guilty of a Class W misde-
meanor and the Court shall, as part of the judgment of
conviction, order such person not to drive any motor
vehicle for any purpose for a period of six (6) months
from the date of his or her conviction, and shall order
that the operator's license of such person be revoked
for a like period. If the Court places such person on
probation or suspends the sentence for any reason, the
Court shall, as one of the conditions of probation or
sentence suspension, order such person not to drive any
motor vehicle for any purpose for a period of sixty (60)
days from the date of the order;
2. If such person (a) has had one (1) previous convic-
tion under any City or Village Ordinance or State Sta-
tute eight (8) years prior to the date of the current
conviction such person shall be guilty of a Class W
misdemeanor and the Court shall, as part of the judgment
of conviction, order such person not to drive any motor
vehicle for any purpose for a period of one (1) year
from the date of his or her conviction, and shall order
that the operator's license of such person be revoked
for a like period.
If the court places such person on probation or
suspends the sentence for any reason, the court shall,
as one of the conditions of probation or sentence sus-
pension, order such person not to drive any motor vehi-
cle in the State of Nebraska for any purpose for a
period of six (6) months from the date of the order and
such order of probation shall include as one of its
conditions confinement in the City or County jail for
forty -eight (48) hours.
3. If such person (a) has had two or more convictions
under any City or Village Ordinance or State Statute
eight (8) years prior to the date of the current con-
viction such person shall be guilty of a Class W misde-
meanor and the court shall, as part of the judgment of
conviction, order such person not to drive any motor
vehicle in the State of Nebraska for any purpose for a
period of fifteen (15) years from the date of his or her
conviction, and shall order that the operator's license
of such person be revoked for a like period.
If the court places such person on probation or
suspends the sentence for any reason, the court shall,
as one of the conditions of probation or sentence sus-
pension, order such person not to drive any motor vehi-
cle in the State of Nebraska for any purpose for a
period of one year, and such order of probation shall
include as one of its conditions confinement in the City
or County jail for seven (7) days.
For each conviction under this Section, the court
shall as part of the judgment of conviction make a
finding on the record as to the number of the defend-
ant's prior convictions under any City or Village Ordi-
nance or State Statute eight (8) years prior to the date
of the current conviction. The defendant shall be
given the opportunity to review the record of his or her
prior convictions, bring mitigating facts to the atten-
tion of the Court prior to sentencing, and make objec-
tions on the record regarding the validity of such prior
convictions.
For the purposes of this section, the eight (8) year
period shall be computed from the date of the prior
offense to the date of the offense which resulted in the
current conviction. The term conviction under this
section and prior conviction shall include any convic-
tion under any City or Village Ordinance or State Sta-
tute as it existed at the time of such conviction re-
gardless of any subsequent amendments to any City or
Village Ordinance or State Statute.
Upon conviction of any person of a violation of such a
city or village ordinance, the provisions of this sec-
tion with respect to the license of such person to
operate a motor vehicle shall be applicable the same as
though it were a violation of this section.
Any person who has been convicted driving while
intoxicated for the first time or any person' convicted
of driving while intoxicated who has never been assessed
for alcohol abuse shall, during a pre sentence evalua-
tion, submit to and participate in an alcohol assess-
ment. The alcohol assessment shall be paid for by the
person convicted of driving while intoxicated. At the
time of sentencing, the Judge, having reviewed the
assessment results, may then order the convicted person
to follow through on the alcohol assessment results at
the convicted person's expense in lieu of or in addition
to any to any penalties deemed necessary.
SECTION 2. That Section 5 -614 of the Municipal Code is
hereby amended to read as follows:
Sec. 5 -614 DRUNKEN DRIVING: IMPLIED CONSENT OF OPERATOR OF MOTOR
VEHICLE TO SUBMIT TO CHEMICAL TEST: WHEN TEST ADMINISTERED:
REFUSAL: PENALTY.
1. Any person who operates or has in his or her actual
physical control a motor vehicle upon a public highway
in this state shall be deemed to have given his or her
consent to submit to a chemical test of his or her
blood, urine, or breath, for the purpose of determining
the amount of alcoholic content in such blood, breath,
or urine.
2. Any law enforcement officer who has been duly
authorized to make arrests for violations of traffic
laws of this state or of ordinances of any city or
village may require any person arrested for any offense
arising out of acts alleged to have been committed while
the person was driving or was in actual physical control
of a motor vehicle while under the influence of alcohol-
ic liquor to submit to a chemical test of his or her
blood, breath, or urine for the purpose of determining
the alcoholic content of such blood, breath, or urine,
when the officer has reasonable grounds to believe that
such person was driving or was in the actual physical
control of a motor vehicle upon a public highway in this
state while under the influence of alcoholic liquor.
3. Any law enforcement officer who has been duly au-
thorized to make arrests for violation of traffic laws
of this State or ordinances of any city or village may
require any person who operates or has in his or her
actual physical control a motor vehicle upon a public
highway in this state to submit to a preliminary test of
his or her breath for alcohol content if the officer has
reasonable grounds to believe that such person has
alcohol in his or her body, or has committed' a
moving traffic violation, or has been involved in a
traffic accident. Any person who refuses to submit to
such preliminary breath test or whose preliminary breath
test results indicate an alcohol content of ten -hun-
dredths of one per cent or more shall be placed under
arrest. Any person who refuses to submit to such pre-
liminary breath test shall be guilty of a Class V misde-
meanor.
4. Any person arrested as provided in this section may,
upon the direction of a law enforcement officer, be
required to submit to a chemical test of his or her
blood, breath or urine for a determination of the alco-
hol content. Any person who refuses to submit to a
chemical blood, breath, or urine test required pursuant
to this section shall be subject to the administrative
revocation procedures of the Director of Motor Vehicles
provided in sections 39- 669.07 to 39- 669.09 and 39-
669.14 to 39- 669.18 and shall be guilty of a crime and,
upon conviction thereof, shall be punished as follows:
(a) If such person (i) has not had a previous convic-
tion under any City or Village Ordinance or State Sta-
tute eight (8) years prior to the date of the current
conviction such person shall be guilty of a Class W
misdemeanor, and the court shall, as part of the judg-
ment of conviction, order such person not to drive any
motor vehicle in the State of Nebraska for any purpose
for a period of six (6) months from the date of his or
her conviction, and shall order that the operator's
license of such person be revoked for a like period.
If the court places such person on probation or sus-
pends the sentence for any reason, the court shall, as
one of the conditions of probation or sentence suspen-
sion, order such person not to drive any motor vehicle
in the State of Nebraska for any purpose for a period of
sixty (60) days.
(b) If such person (i) has had one previous conviction
under any City or Village Ordinance or State Statute
eight (8) years prior to the date of the current convic-
tion such person shall be guilty of a Class W misde-
meanor and the court shall, as part of the judgment of
conviction, order such person not to drive any motor
vehicle in the State of Nebraska for any purpose for a
period of one (1) year from the date of his or her
conviction, and shall order that the operator's license
of such person be revoked for a like period.
If the court places such person on probation or sus-
pends the sentence for any reason, the court shall, as
one of the conditions of probation or sentence suspen-
sion, order such person not to drive any motor vehicle
in the State of Nebraska for any purpose for a period of
six (6) months from the date of the order and such order
of probation shall include as one of its conditions
confinement in the city or county jail for forty -eight
(48) hours.
(c) If such person (i) has had two (2) or more convic-
tions under any City or Village Ordinance or State
Statute eight (8) years prior to the date of the current
conviction such person shall be guilty of a Class W
misdemeanor and the court shall, as part of the judgment
of conviction, order such person not to drive any motor
vehicle in the State of Nebraska for any purpose for a
period of fifteen years from the date of his or her
conviction and shall order that the operator's license
of such person be revoked for a like period.
If the court places such person on probation or sus-
pends the sentence for any reason, the court shall, as
one of the conditions of probation or sentence suspen-
sion, order such person not to drive any motor vehicle
in the State of Nebraska for any purpose for a period of
one (1) year, and such order of probation shall include
as one of its conditions confinement in the City or
County jail for seven (7) days.
For each conviction under this Section, the court
shall, as part of the judgment of conviction, make a
finding on the record as to the number of the defend-
ant's prior convictions under any City of Village Ordi-
nance or State Statute eight (8) years prior to the date
of the current conviction. The defendant shall be given
the opportunity to review the record of his or her prior
convictions, bring mitigating facts to the attention of
the court prior to sentencing, and make objections on
the record regarding the validity of such prior convic-
tions.
For the purposes of this section, the eight (8) year
period shall be computed from the date of the prior
offense to the date of the offense which resulted in the
current conviction. The term conviction under this
section and prior conviction shall include any convic-
tion under any City or Village Ordinance or State Sta-
tute as it existed at the time of such conviction re-
gardless of any subsequent amendments to any City or
Village Ordinance or State Statute.
5. Any person who is required to submit a preliminary
breath test, or to a chemical blood, breath, or urine
test pursuant to this section shall be advised of the
consequences of refusing to submit to such test. (Ref.
39- 669.08 RS Neb.)
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 publication hereof in pamphlet
form as provided by law.
ATTEST:
Passed and approved this 9TH day of February, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
of said City held on the 9TH
JEROMe J MAYOR ;[
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
day of February, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ATTEST:
4 ; » alp J1 1 L D 4444 /1„ / .+I ,",_.>
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
ORDINANCE NO. 1629
AN ORDINANCE REZONING PART OF LOT 1, BLOCK 12, DEXTER'S FIRST AND
SECOND ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRAS-
KA, FROM RML - MULTI - FAMILY RESIDENTIAL HIGH DENSITY DISTRICT TO
CL - LIMITED COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That the Zoning Regulations of the City of Blair
be amended so as to change the zoning designation of the real
estate described as Part of Lot 1, Block 12, Dexter's First and
Second Addition to the City of Blair, Washington County, Nebras-
ka, from RML - Multi-Family Residential High Density District to
CL - Limited Commercial District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as 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.
Passed and approved this •�; day of March, 1993.
J `RIME JENNY, MA.
6/
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 grit day of March, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1630
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 regulations
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 new approved subdivisions shall be con-
structed at the same time as the construction of the streets
therein, unless the developer at the time of filing of the plat
files an agreement and covenant against each of the lots in such
subdivision. Such agreement and covenant shall provide sidewalks
shall be installed and constructed on each lot in the subdivision .
not later than: a) at such time as construction on said lot
which is made which requires the issuance of a building permit,
b) three (3) years after the date of City Council approval of the
plat, or c) at such time as there has been construction on
seventy -five percent (75%) of the lots within the subdivision,
whichever is earliest. At that time the owner of each lot not
having a sidewalk shall construct such sidewalk pursuant to City
specifications. In the event any owner fails to construct such
sidewalk within an days from the date of notice from the City
to do so, the City shall cause such sidewalk to be constructed
and the cost thereof shall be assessed against such property in
the manner as provided by law.
In the case of preexisting subdivisions or other tracts wherein
sidewalks were not required at the time of the construction of
the street or the time specified herein, sidewalks shall be
constructed on said lot or parcel at the time any improvement is
made thereon, which such improvement requires the of a
building permit. (Ref. 16 -662, 16 -666)
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 9 TH day of MARCH , 1993.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
J E E JENNY, 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 and approved at a regular meeting of the Mayor and City
Council of said City held on the 9TH day of MARCH , 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE REZONING LOTS 1 AND 2, BLOCK 56, CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA, FROM RMH - MULTI- FAMILY RESIDENTIAL
HIGH DENSITY DISTRICT TO CCB - CENTRAL BUSINESS DISTRICT, RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That the Zoning Regulations of the City of Blairl
be amended so as to change the zoning designation of _ the real
estate described as Lots 1 and 2, Block 56, City of Blair,
Washington County, Nebraska, from RMH - Multi - Family Residential
High Density District to CCB - Central Business District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as 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. -
Passed and approved this 13th day of April, 1993.
ATTEST:
fa t :0, a
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAT)
ORDINANCE NO. 1631
MICHAEL MINES, COUNCIL PRESIDENT
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 April, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1632
AN ORDINANCE REZONING LOTS 6, 7, 8, 9, 10, 11, 12, AND 13, THIR-
TEENTH ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRAS-
KA, REZONING LOTS 6, 7, 8, AND 9 FROM HIGHWAY COMMERCIAL WITH
LIMITATIONS TO CH - HIGHWAY COMMERCIAL DISTRICT, REZONING LOTS
10, 11, 12, AND 13 FROM RM - RESIDENTIAL MEDIUM DENSITY DISTRICT
TO CH - HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA..
SECTION 1. That the Zoning Regulations of the City of Blair
be amended so as to change the zoning designation of the real
estate described as Lots 6, 7, 8, 9, 10, 11, 12, and 13, Thir-
teenth Addition to the City of Blair, Washington County, Nebras-
ka, to CH - Highway Commercial District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as 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.
- Passed on third reading and approved this
•
ATTEST:
ALICE I.DIEDRICHSEN, CITY CLERK
(SEAL)
11th day of May, 1993.
?f5 JENNY /M OR
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 11th day of May , 1993.
ALICE'I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE REZONING THE REAL ESTATE DESCRIBED AS LOT 13 AND
LOT 15, BLOCK 6, OAK PARK FIRST ADDITION TO THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA, FROM CH - HIGHWAY COMMERCIAL DIS-
TRICT_TO RL - RESIDENTIAL LOW DENSITY DISTRICT, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PRO- --
1 TIDING 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 Lot 13 and Lot 15, . Block 6, Oak Park
First Addition to the City of Blair, Washington County, Nebraska,
from CH - Highway Commercial District to RL - Residential Low
Density District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the -City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as
established hereby.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
Passed and approved this 13th day of April, 1993.
ATTEST:
J/v2>
ALICE I. DIEDRICHSEN, CITY CLERK
(SEA -)
ORDINANCE NO. 1633
r
MICHAEL MINES, COUNCIL P SIDENT
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 13TH day of April, 1993.
arOLLD
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1634
AN ORDINANCE AMENDING SECTION 8 -511 OF THE MUNICIPAL CODE AND
SECTION 604 OF THE SUBDIVISION REGULATIONS OF THE CITY OF BLAIR,
NEBRASKA, GENERALLY PROVIDING FOR THE ESTABLISHMENT OF REQUIRE-
MENTS FOR CONSTRUCTION OF SIDEWALKS AND THE TIME THEREFORE 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.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That Section 604 of the subdivision regulations
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 Direc-
tor of Public Works. Sidewalk thickness shall be not less than
four (4) inches. Sidewalks in all new approved subdivisions
shall be constructed at the same time as the construction of the
streets therein, unless the developer at the time of filing of
the plat files an agreement and covenant against each of the lots
in such subdivision. Such agreement and covenant shall provide
sidewalks shall be installed and constructed on each lot in the
subdivision not later than: a) at such time as construction on
said lot which is made which requires the issuance of a building
permit, b) three (3) years after the date of City Council appro-
val of the plat, or c) at such time as there has been construc-
tion on seventy -five percent (75 %) of the lots within the subdi-
vision, whichever is earliest. At that time the owner of each
lot not having a sidewalk shall construct "such sidewalk pursuant
to City specifications. In the event any owner fails to con-
struct such sidewalk within 90 days from the date of notice from
the City to do so, the City shall cause such sidewalk to be
constructed and the cost thereof shall be assessed against such
property in the manner as provided by law.
In subdivisions or other tracts existing as of JUNE 1
19 93 , wherein the construction of sidewalks was not required
at the time of construction thereon, sidewalks shall be
constructed on any such lot or tract at the time any construction
permit is issued for improvements on said property except in the
event the building permit is for an amount less fifteen percent (15 %)
of the assessed value of the property or if the construction is
necessitated by a natural disaster and act of God.
In any subdivision or tract created or existing on or before
JUNE 1 , 1993 , the sidewalk construction requirement may
be waived if there are no sidewalks on any adjacent lots or
parcels by the City Administrator and Building Inspector if the
owner of such real estate enters into an agreement with the
municipality which shall run with the land and which shall pro-
vide in part the waiver may be withdrawn at any time by the
municipality and at the time of such withdrawal, the owner or
owners of said lot or parcel shall immediately construct such
sidewalks as may be required by the City and that said owner or
owners shall not object to such construction either privately or
by an improvement district.
The municipality may also waive sidewalks on one side of the
streets within subdivisions wherein all of the lots are in excess
of one acre. The developer, with the approval of the Mayor and
City Council, shall designate on the plat which side of said
streets are designated as requiring sidewalks.
SECTION 2. That Section 8 -511 of the Municipal Code is
hereby amended to read as follows:
Sec. 8 -511. SIDEWALKS: REOUIRED. All new residential dwellings
constructed within the municipality shall have, . at the time of
construction, sidewalks placed adjacent to all streets bordering
on the lot or parcel. Sidewalks shall be constructed of portland
cement concrete or other acceptable materials as approved by the
Director of Public Works. Sidewalk thickness shall be not less
than four (4) inches. Sidewalks in all new approved subdivisions
shall be constructed at the same time as the construction of the
streets therein, unless the developer at the time of filing of
the plat files an agreement and covenant against each of the lots
in such subdivision. Such agreement and covenant shall provide
sidewalks shall be installed and constructed on each lot in the
subdivision not later than: a) at such time as construction on
said lot which is made which requires the issuance of a building
permit, b) three (3) years after the date of City Council appro-
val of the plat, or c) at such time as there has been construc-
tion on seventy -five percent (75%) of the lots within the subdi-
vision, whichever is earliest. At that time the owner of each
lot not having a sidewalk shall construct such sidewalk pursuant
to City specifications. In the event any owner fails to con-
struct such sidewalk within 90 days from the date of notice from
the City to do so, the City shall cause such sidewalk to be
constructed and the cost thereof shall be assessed against such
property in the manner as provided by law.
In subdivisions or other tracts existing as of JUNE 1
19 93 , wherein the construction of sidewalks was not required
at the time of construction thereon, sidewalks shall be
constructed on any such lot or tract at the time any construction
permit is issued for improvements on said property except in the
event the building permit is for an amount less €ifteenfpercent (15 %)
of the assessed value of the property or if the construction is
necessitated by a natural disaster and act of God.
In any subdivision or tract created or existing on or before
JUNE 1 , 19 93 , the sidewalk construction requirement may
be waived if there are no sidewalks on any adjacent lots or
parcels by the City Administrator and Building Inspector if the
owner of such real estate enters into an agreement with the
municipality which shall run with the land and which shall pro-
vide in part the waiver may be withdrawn at any time by the
municipality and at the time of such withdrawal, the owner or
owners of said lot or parcel shall immediately construct such
sidewalks as may be required by the City and that said owner or
owners shall not object to such construction either privately or
by an improvement district.
The municipality may also waive sidewalks on one side of the
streets within subdivisions wherein all of the lots are in excess
of one acre. The developer, with the approval of the Mayor and
City Council, shall designate on the plat which side of said
streets are designated as requiring sidewalks.
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.
Passed and approved this 13TH day of April, 1993.
ATTEST:
( £� r� AP
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE. .OF NEBRASKA
WASHINGTON COUNTY
)ss
MICHAEL MINE , COUNCIL PRESIDENT
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 13Tm day of April, 1993.
a 2 .1),p,
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1635
AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS FROM THE
NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUAR-
TER OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST AND ASSUMING
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
TO BEAR SOUTH 00 DEGREES 15 MINUTES 04 SECONDS WEST; THENCE S 89
DEGREES 49 MINUTES 26 SECONDS WEST ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 680.04
FEET TO THE POINT OF $EGINNING; THENCE S 00 DEGREES 14 MINUTES 45
SECONDS WEST A DISTANCE OF 755.30 FEET; THENCE N 90 DEGREES 00
MINUTES WEST TO THE WEST RIGHT OF WAY OF THIRD AVENUE (COUNTY
ROAD NO. 135); THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST
ALONG SAID WEST RIGHT OF WAY TO THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 49
MINUTES 26 SECONDS EAST ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING, LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUAR-
TER OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 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 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:
FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 18 NORTH,
RANGE 12 EAST AND ASSUMING THE EAST LINE OF SAID SOUTH-
WEST QUARTER OF THE SOUTHWEST QUARTER TO BEAR SOUTH 00
DEGREES 15 MINUTES 04 SECONDS WEST; THENCE S 89 DEGREES
49 MINUTES 26 SECONDS WEST ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF
680.04 FEET TO THE POINT OF BEGINNING; THENCE S 00
DEGREES 14 MINUTES 45 SECONDS WEST A DISTANCE OF 755.30
FEET; THENCE N 90 DEGREES 00 MINUTES WEST TO THE WEST
RIGHT OF WAY OF THIRD AVENUE (COUNTY ROAD NO. 135);
THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS WEST ALONG
SAID WEST RIGHT OF WAY TO THE NORTH LINE OF THE SOUTH-
WEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 89
DEGREES 49 MINUTES 26 SECONDS EAST ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING, LYING IN THE SOUTHWEST QUAR-
TER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 18
NORTH, RANGE 12 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
ATTEST:
ALICE ,I a TIEDRICHSEN, CITY CLERK
(.SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON_COUNTY )
27th day of April , 1993.
CITY OF BLAIR, NEBRASKA
BY
J ofk E JENNY, MA
ALICE I. DIEDRICHSEN, hereby.eertifies 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 April , 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1636
AN ORDINANCE AMENDING SECTION 5 -203 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, PROVIDING FOR TRUCK ROUTES AND RESTRIC-
TION OF TRUCK TRAFFIC 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.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 5 -203 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
Sec. 5 -203 TRUCK ROUTES. The Governing Body may, by resolution,
designate certain streets in the Municipality that trucks shall
travel upon, and it shall be unlawful for persons operating such
trucks to travel on other streets than those designated for
trucks unless to pick up or deliver goods, wares, or merchandise,
and in that event the operator of such truck shall return to such
truck routes as soon as possible in traveling through or about
the Municipality. The Governing Body shall cause notices to be
posted or shall erect signs indicating the streets so designated
as truck routes.
In addition to the restrictions provided for hereinabove, the
Chief of Police or Director of Public Works shall have the
authority to prohibit any truck from traveling upon any street
other than those designated for trucks, regardless of its pick up
or delivery of goods, wares, merchandise, or other cargo to
prevent injuries to the streets of the Municipality from vehicles
which weight would be injurious to such streets. (Ref. 16 -209 RS
Neb.)
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 77Th day of April, 1993.
�
A
E,I`1E 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 passed
and approved at a regular meeting of the Mayor and City Council
of said City held on the 77TH day of April, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1637
AN ORDINANCE CREATING AND ESTABLISHING THE CITY OF BLAIR AIRPORT
AUTHORITY, PROVIDING FOR THE TERMS AND QUALIFICATIONS FOR THE
MEMBERS OF THE AUTHORITY BOARD, DEFINING THE POWERS OF SUCH
AUTHORITY, 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. Pursuant to the City's Airport Authorities Act,
Section 3 -501 et seq. R.R.S. Neb. as amended the City of Blair,
Nebraska, hereby establishes and creates the Airport Authority of
the City of Blair as an Airport Authority pursuant to the City's
Airport Authorities Act. Said Airport Authority shall be managed
and controlled by a Board which shall have the full and exclusive
jurisdiction and control over all facilities owned or hereafter
acquired by the City of Blair for the purpose of aviation opera-
tion, air navigation, and air safety operation. Said airport
authority board shall be a body corporate and politic constitut-
ing a public corporation and an agency of the City of Blair.
SECTION 2. Said airport authority board shall consist of
five (5) members which shall be selected as follows:
A. The Mayor, with the approval of the City Council,
shall appoint one (1) member who shall serve until his
or her successor, elected at the first general City
election following such appointment, shall qualify and
take office.
B. The Mayor, with the approval of the City Council,
shall appoint two (2) members who shall serve until
their successors, elected at the second general City
election following such appointment, shall qualify and
take office.
C. The Mayor, with the approval of the City Council,
shall appoint two members who shall serve until their
successors, elected at the third general City election
following such appointment, shall qualify and take
office.
D. Upon the expiration of the terms of such appointed
officers, members of the Board shall be nominated and
elected in the manner provided by law for the election
of officers of the City of Blair and shall take office
at the same time as the officers of the City of Blair.
E. Members of such Board shall be residents of the City
of Blair and, except for members initially appointed,
shall serve for terms of six (6) years.
F. Any vacancy on such Board shall be filled by
temporary appointment by the Mayor, with the approval of
the City Council, until a successor can be elected at
the next general City election to serve the unexpired
portion, if any, of the term.
G. A member of such Board may be removed from office
for incompetence, neglect of duty, or malfeasance in
office. An action for the removal of such officer may
be brought, upon resolution of the City Council, in the
District Court of Washington County, Nebraska.
A. The members of said Airport Authority Board hereby
created shall not be entitled to compensation for their
services but shall be entitled to reimbursement of
expenses paid or incurred in the performance of the
duties imposed upon them by the City's Airport Authori-
ties Act to be paid as provided in Section 23-112 R.R.S.
Neb. for county officers and employees.
I. A majority of the members of the Airport Authorities
Board then in office shall constitute a quorum..
J. The Board may delegate to one or more of the
members, or to its officers, agents, and employees, such
powers and duties as it may deem proper.
SECTION 3. The Airport Authorities Board and Airport Au-
thority of the City of Blair, Nebraska, and its corporate exist-
ence shall continue only for a period of twenty -one (21) years
from the date of the appointment of the members thereof, and
thereafter until all its liabilities have been met and its bonds
have been paid in full or such liabilities and bonds have other-
wise been discharged. When all liabilities incurred by the
Authority of every kind and character have been met and all its
bonds have been paid in full or such liabilities and bonds have
otherwise been discharged, all rights and properties of the
authority shall pass to and be vested in the City of Blair.
SECTION 4. The Airport Authority of the City of Blair shall
have and retain full and exclusive jurisdiction and control over
all projects in its jurisdiction with the right and duty to
charge and collect revenue therefrom for the benefit of the
holders of any of its bonds or other liabilities. Upon the
Authority ceasing to exist, all its remaining rights and proper-
ties shall pass to and vest in the City of Blair.
SECTION 5. The Airport Authority of the City of Blair shall
have all of the powers set forth in Section 3 -504 R.R.S. Neb. and
as may be subsequently granted by amendment thereto and granting
additional authority to Airport Authorities established under the
City's Airport Authorities Act of the State of Nebraska.
SECTION 6. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 7. 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 10th day of May, 1993.
\ATTEST .
( ft7,cp • �YfS�11 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 10114 day of May, 1993.
1.� J c.1.,/% _;_e„ _r..eJ, 4 2.1
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1638
AN ORDINANCE ESTABLISHING AND CREATING SECTIONS 6 -119 AND 6 -120
OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, AUTHORIZING
THE IMPOUNDMENT OF CATS IN LIMITED CIRCUMSTANCES WHEREBY THE
ACCUMULATION OF FIVE OR MORE CATS IN THE SAME LOCATION CREATE A
HEALTH HAZARD OR NUISANCE, 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. Section 6 -119 of the Municipal Code of the City
Blair, Nebraska, is hereby created to read as follows:
Sec. 6 -119 IMPOUNDMENT OF CATS., The Blair animal control officer
or any municipal police officer is hereby authorized to impound
cats when there is an accumulation of five (5) or more cats in
the same location and the accumulation thereof creates a health
hazard or nuisance. Said animal control officer or municipal
police officer shall make reasonable efforts and attempts to
determine whether such cats are strays or whether they are owned,
possessed, kept, or harbored by any person. Only stray cats may
be impounded by said animal control officer or municipal police
officer.
SECTION 2. Section 6 -120 of the Municipal Code of the City
of Blair, Nebraska, is hereby created to read as follows:
Sec. 6-120. IMPOUNDMENT PERIOD. NOTICE. AND IMPOUNDMENT FEE.
Each impounded cat shall be kept and maintained for a period not
less than forty -eight (48) hours unless reclaimed earlier by any
person. Notice of impoundment of all cats, including any signif-
icant marks or identifications, shall be posted at the office of
the City Clerk as public notification of such impoundment. Any
cat may be reclaimed by its owner during the period of impound-
ment by payment of $10.00 as a general impoundment fee or any
other impoundment fee as set by the Mayor and City Council of the
City of Blair, Nebraska, from time to time. Such person claiming
or obtaining possession of any impounded cat shall also pay a
daily boarding fee set by the Mayor and City Council from time to
time.
SECTION 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect
from and following the passage and publication hereof as required
by law.
ATTEST:
PASSED AND APPROVED this IlTu
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON, COUNTY
)ss
day of May, 1993.
ME JENNY, M
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, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1639
AN ORDINANCE CREATING WATER DISTRICT NOS. 26 AND 27 OF THE CITY
OP BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OP 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 THERE-
WITH ON FILE WITH THE CITY CLERK, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. The 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 extensions shall commence at the existing
water mains as described in Sections 3 and 5 hereof; that none of
the properties located within the Water Extension Districts
hereby created are presently served by the City's existing system
of water service; and that all property within said Districts 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. 26, said water extension district the outer boundaries of
which shall include the K -Span Industrial Park Subdivision,
(including Lots 6 through 10 of said subdivision and all dedicat-
ed street right of way therein) , all in the City of Blair, Ne-
braska.
SECTION 3. The size, location, and terminal points of the
proposed improvements for Water Extension District No. 26 are de-
scribed as follows:
In Front Street, from the existing 6" water main between
Lots 4 and 5, K -Span Addition, Easterly to the end of
dedicated Front Street in said K -Span Addition.
The proposed improvements to be constructed consist of
approximately 600 lineal feet of water main and
related appurtenances. The water main consists of poly-
vinyl chloride (PVC) of 6 inch diameter with related
fittings, fire hydrants, service connections, and other
related appurtenances as indicated on the drawings.
SECTION 4. There is hereby created Water Extension District
No. 27, the outer boundaries of which Water Extension District
shall include the following described properties together with
all streets and street right of way upon which said properties
abut:
Tax Lot 56, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 57, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 73, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tag Lot 95, Opp, 14, Township 18 NO Range 14 U oV tho 6th P.M.
Tax Lot 115, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 158, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 162, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 163, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 173, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 224, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 226, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
Tax Lot 227, Sec. 14, Township 18 N, Range 11 E of the 6th P.M.
SECTION 5. The size, location, and terminal points of the
proposed improvements for Water Extension District No. 27 are de-
scribed as follows:
In the North 1/2 of the dedicated right of way of the
road centered on the 1/4 1/4 line North of the South
line of Section 14, Township 18 N, Range 11 E of the 6th
P.M., from the existing water main East of U.S. Highway
30, West to the 1/4 1/4 line East of the West line of
said Section 14.
The proposed improvements to be constructed consist of
approximately 1800 lineal feet of water main and
related appurtenances. The water main consists of poly-
vinyl chloride (PVC) of 6 inch diameter with related
fittings, fire hydrants, service connections, and other
related appurtenances as indicated on the drawings.
SECTION 6. A more detailed description of the proposed im-
provements..is available by examining the plans and specifications
on file at the office of the City Clerk, City Hall, City of
Blair, 218 South 16th Street, Blair, Nebraska 68008. In addi-
tion, the contract documents may be examined at the office of
Blair Engineering & Surveying Co., Inc., 1570 Washington Street,
Blair, Nebraska 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 7. The engineers' estimate of total construction
cost for the proposed water main improvements, as heretofore
filed with the City Clerk for Water Extension District No. 26 is
$ 10,150.00 , and for Water Extension District No. 27 is
$ 28,025.00
SECTION 8. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 9. That this ordinance shall be in effect from and
after its passage, approval, and publication according to law.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
PASSED AND APPROVED this
)ss
25th day of May, 1993.
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 25th day of May, 1993.
6/2.& aP.:„
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1640
AN ORDINANCE CREATING SECTION 801.13 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, GENERALLY PROVIDING FOR SCREENING REQUIREMENTS
IN THE CH - HIGHWAY COMMERCIAL DISTRICT ABUTTING ANY RESIDENTIAL
DISTRICT, PROVIDING FOR CERTAIN EXCEPTIONS THEREFROM, FINDING AND
SPECIFYING SAID SCREENING REQUIREMENTS, 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 OP
BLAIR, NEBRASKA:
SECTION 1. Section 801.13 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby created to read as follows:
801.13 SCREENING REQUIREMENTS. Screening pursuant to
this section shall be required between the CH - Highway
Commercial District and any residential district except
when there is a distance of not less than two hundred
feet (200') from any residential structure in the resi-
dential district and any building, parking area, or any
other construction or improvement except landscaping in
the CH - Highway Commercial District. Screening
pursuant to this section shall be required only at such
time a building permit is obtained for improvements in
the CH - Highway Commercial District, and the value of
the improvements on listed on said building permit is
equal to or greater than 20% of the assessed valuation
of the CH - Highway Commercial property being so
improved.
(1) The screening shall consist of a solid or semi solid
fence or wall at least six (6) feet in height or hedges,
shrubs, trees, or other living landscape which effec-
tively provides a solid, dense, and opaque mass, and
shall be not less than six (6) feet in height or by
planting vegetation which shall reach a height of not
less than six (6) feet within three (3) years.
(2) Said screening requirements shall not be required
if there preexists on the adjacent residential property
screening which complies with the requirements of this
section. In the event said screen is removed from the
residential property, the screening on the CH - Highway
Commercial property shall be installed within sixty (60)
days of the removal of the screening on the property in
the residential district. The CH - Highway Commercial
property shall forthwith install the screen as would
have been required at the time of construction.
(5) In the event hedges, shrubs, trees or other living
landscape is used for the screening one (1) break or
opening in the screen not more than twenty (20) feet in
width shall be permitted per business or use within the
CH - - Highway Commercial District unless the business or
use has direct alley access from the business property
without such break.
(3) Said screening shall not be required where the CH _
Highway Commercial District and residential district are
divided by a street or alley with a right of way not
less than fifty (50) feet in width.
(4) Said screening requirement shall not be required
where the wall of any building is not greater than five
(5) feet from the set back requirement within the CH -
Highway Commercial District, and there are no windows or
other openings except for doors for emergency purposes
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 this 13th day of July, 1993.
OW/ hiPAbal
.D'IE,DRICHSEN, 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 13th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1641
AN ORDINANCE AMENDING SECTION 1004.01 OF THE ZONING REGULATIONS
OF THE CITY OF BLAIR, NEBRASKA, GENERALLY PROVIDING FOR THE
REQUIREMENT OF APPENDING SC - SPECIAL - CONDOMINIUM DISTRICT TO
NONRESIDENTIAL DISTRICTS AND SPECIFYING THE PERMISSIBILITY OF
CONDOMINIUMS IN ALL NONRESIDENTIAL DISTRICTS EXCEPT AGG - GENERAL
AGRICULTURE DISTRICT, WITHOUT THE REQUIREMENT OF APPENDING SC -
SPECIAL - CONDOMINIUM DISTRICT, REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. Section 1004.01 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
1004.01 INTENT: This zoning district is to be appended to anoth-
er primary residential district to provide for the placement and
location of one or more residential condominium units. Nothing
herein shall be construed so as to require the appending of the
SC - Special - Condominium District in any nonresidential dis-
trict except AGG - General Agriculture District, which shall be
permissible without the necessity of appending the SC - Special -
Condominium District thereto.
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 8th day of June, 1993.
ATTEST:
/ /r.P .> A
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
JEE } JENNY MA
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 June, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1642
AN ORDINANCE PROVIDING FOR THE SALE OP A TRACT OF LAND DESCRIBED
AS LOT 38 IN 66 HEIGHTS ADDITION TO THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the real estate described as Lot 38 in 66
Heights Addition to the City of Blair, Washington County, Nebras-
ka, should be sold and conveyed by the City of Blair, Nebraska,
to Dennis E. Pestal and Jeanne M. Pestal Trustees and any succes-
sor trustees of the Dennis E. and Jeanne M. Pestal Living Trust
Agreement.
SECTION 2. That the consideration to be paid for such real
estate is the sum of $750.00 payable $100.00 in cash upon execu-
tion of the agreement referenced to hereinafter and $650.00 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 con-
flict 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 8 th day of June, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
J RX'MB JENNY, MAYOR(
/
(./ 7,f
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 June, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT FOR THE SALE OF REAL ESTATE
This agreement made this I l+h day of June, 1993,• by and
between the City of Blair, Nebraska, a Municipal Corporation,
hereinafter referred to as "Seller ", and Dennis E. Pestal and
Jeanne M. Pestal Trustees and any successor "trustees of the
Dennis E. and Jeanne M. Pestal Living Trust Agreement, hereinaft-
er 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:
Lot 38 in 66 Heights Addition to the City of Blair,
Washington County, Nebraska,
and said Buyer agrees to purchase said property on the following
terms and conditions, to -wit:
The purchase price therefore is agreed to be the sum of
$750.00 which said sum shall be payable $100.00 in cash upon
execution of this agreement and $650.00 in cash 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
, 1993.
It is understood and agreed by and between the parties
hereto that Buyer shall receive possession of the .premises upon
closing.
Seller shall cause the 1992 and all prior real estate taxes
to be paid in full and the prorata share of the 1993 real estate
taxes prorated to the date of possession. The Buyer shall cause
the remaining prorata share of the 1993 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 remon-
strance 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:
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR, NEBRASKA
BY
JE'R. ME JENNY,(M 'YOR
V :'
(-- c2)
Di(51rE. PESTAL, TRUSTEE JEAN M. PESTAL, TRUSTEE
BUYER
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
On this /1. day of June, 1993, 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 Dennis E. Pestal, Trustee, and Jeanne M.
Pestal, Trustee, to me known to be the identical persons whose
names are affixed to the foregoing agreement and acknowledged the
execution thereof to be their voluntary act and deed.
WITNESS my hand and Notarial Seal the day and year last
above written.
MY COMMISSION EXPIRES:
1
1
NM1MOfA1 M
thy Comm. Ekp Me 20, 1890
BUYER
NOTARY PUBLIC
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1643
AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 28 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 PILE 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 a water main 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. 28, said water extension district the outer
boundaries of which shall include the Scheffler's Subdivision,
said subdivision being a platting of Tax Lot 119 and Tax Lot 236
lying in the S1 /2 NW1 /4 of Section 13, Township 18 North, Range 11
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 Southwest corner of the SE1 /4 NW1 /4 of
said Section 13, T 18 N, R 11 E, and assuming the west line
of said SE1 /4 NW1 /4 to bear N 00 0 00' E; thence N
89°54'30" W along the south line of the NW1 /4 of said
Section 13 a distance of 20.00 feet; thence N 00 0 00' E
parallel to and 20.00 feet west of the west line of said
SE1 /4 NW1 /4 a distance of 318.58 feet to the southwest
corner of Tax Lot 168 in said section; thence S89 °56'25"
E along the south line of said Tax Lot 168 and its easterly
projection a distance of 187.13 feet to a point on the
westerly line of Tax Lot 188 in said section, said point
being on a 353.87 foot radius curve to the left, initial
tangent of which bears S 04°31'09" W; thence along said
353.87 foot radius curve a distance of 33.35 feet to a
point of tangency; thence S 00°53'39" E a distance of
31.85 feet; thence S 33 °10'11" E a distance of 101.66
feet; thence N 56°49'49" E a distance of 229.79 feet to
a point on the westerly right -of -way line of U.S. Highway
No. 75; thence S 35 °12'30" E along said westerly R.O.W.
line a distance of 259.94 feet; thence S 49 °56'07" W a
distance of 127.77 feet to a point on the south line of
said NW1 /4; thence N 89°54'30" W along said south line a
distance of 466.62 feet to the point of beginning; and
containing 3.21 acres, more or less.
Section 3. The size, location and terminal points of the
proposed improvements for Water Extension District No. 28 are
described as follows:
In Maple Drive from the existing water main at the
North line of Scheffler's Addition southerly to the
South line of Scheffler's Addition.
The proposed irL ovements to be constructed consist of
approximately 46J 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.
Section 4. A more detailed description of the proposed
improvements is shown on 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
the City Clerk, 218 So. 16th St., Blair, Ne
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 5. The engineers' estimate of total
construction cost for the proposed water main improvements, as
heretofore filed with the City Clerk, for Water Extension
District No. 28 is $ 7,92Q.OQ
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 8th day of June
1993.
ATTEST: Jer iijI. Jenny ,a'Y'or
Ci t_e_, a D.A.4....d.A.4_,a,"1,4_„
City Clerk
Alice I. Diedrichsen, CMC
- (SEAL)-
SfiATE" NEBRASKA
: ASHINGTON•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 June, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
CITY OF BLAIR, NEBRASKA
ORDINANCE NO. 1644
AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO.
47 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. 47, said sanitary sewer extension district
to include the Scheffler's Subdivision, said subdivision being a
platting of Tax Lot 119 and Tax Lot 236 lying in the S1 /2 NW1 /4 of
Section 13, Township 18 North, Range 11 East of the 6th P.M. in
Washington County, Nebraska, and the outer boundaries of which
Sanitary Sewer Extension District shall be as follows:
Beginning at the Southwest corner of the SE1 /4 NW1 /4 of
said Section 13, T 18 N, R 11 E, and assuming the west line
of said SE1 /4 NW1 /4 to bear N 00 0 00' E; thence N
89 °54'30" W along the south line of the NW1 /4 of said
Section 13 a distance of 20.00 feet; thence N 00 0 00' E
parallel to and 20.00 feet west of the west line of said
SE1 /4 NW1 /4 a distance of 318.58 feet to the southwest
corner of Tax Lot 168 in said section; thence S89 °56'25"
E along the south line of said Tax Lot 168 and its easterly
projection a distance of 187.13 feet to a point on the
westerly line of Tax Lot 188 in said section, said point
being on a 353.87 foot radius curve to the left, initial
tangent of which bears S 04 °31'09" W; thence along said
353.87 foot radius curve a distance of 33.35 feet to a
point of tangency; thence S 00 °53'39" E a distance of
31.85 feet; thence S 33 °10'11" E a distance of 101.66
feet; thence N 56 °49'49" E a distance of 229.79 feet to
a point on the westerly right -of -way line of U.S. Highway
No. 75; thence S 35 °12'30" E along said westerly R.O.W.
line a distance of 259.94 feet; thence S 49 °56'07" W a
distance of 127.77 feet to a point on the south line of
said NW1 /4; thence N 89 °54'30" W along said south line a
distance of 466.62 feet to the point of beginning; and
containing 3.21 acres, more or less.
Section 3. The size, location and terminal points of the
proposed improvements for Sanitary Sewer Extension District
No. 47 are described as follows:
In Maple Drive from the existing sanitary sewer at the
North line of Scheffler's Addition southerly to the
South line of Scheffler's Addition. In Scheffler's
Circle from the intersection with Maple Drive easterly
to the easterly limit of Scheffler's Circle.
The proposed improvements to be constructed consist of
approximately 505 lineal feet of sewer line and
related appurtenances. The sewer main consists of
polyvinyl chloride (PVC) of 8 inch diameter and the
service line consists of polyvinyl chloride (PVC) of 6
inch diameter with related fittings, manholes, service
connections and other related appurtenances as
indicated on the drawings.
Section 4. A more detailed description of the proposed
improvements is shown on 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 the
City Clerk. 218 Sn. 16th St., Blair, NE 61300R 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 5. The engineers' estimate of total
construction cost for the proposed sanitary sewer improvements
as heretofore filed with the City Clerk for Sanitary Sewer
Extension District No. 47 is $. 13,820.00
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 8th day of June 1
1993
ATTEST:
City Clerk
Alice I. Diedrichsen, CMC
Jerome r Jenny M a y
(S BAIL) r
StAWOP NEBRASKA
J u ,
'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 June, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1645
AN ORDINANCE CREATING SECTION 801.14 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, GENERALLY CREATING AND PROVIDING FOR
RESTRICTIONS ON OUTDOOR LIGHTING IN THE CH - HIGHWAY COMMERCIAL
DISTRICT ABUTTING ANY RESIDENTIAL DISTRICT, PROVIDING FOR CERTAIN
EXEMPTIONS THEREFROM, FINDING AND SPECIFYING SUCH LIGHTING RE-
STRICTIONS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Section 801.14 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby created to read as follows:
801.14 LIGHTING RESTRICTIONS. All outdoor lighting in
the CH - Highway Commercial District abutting any resi-
dential district shall be directionalized or cut off
lighting so that no direct light beams can be seen from
the residential district. The requirement of this
section shall not apply to any existing lighting or
replacement thereof as of July 1 ,, 1993.
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.
PASSED AND APPROVED this day of July, 1993.
DEFEATED 7 -13 -93
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
JEROME JENNY, MAYOR
ORDINANCE NO. 1646
AN ORDINANCE CREATING SECTION 303.01(30A) OF THE ZONING
REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, CREATING A DEFINITION
OF COMMERCIAL OFFICE BUILDINGS, CREATING SECTION 303.01(30B) OF
THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, CREATING A
DEFINITION OF COMMERCIAL CENTERS, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. Section 303.01(30A) of the Zoning Regulations of
the City of Blair, Nebraska, is hereby created to read as fol-
lows:
(30A) COMMERCIAL OFFICE BUILDINGS shall mean office buildings
which are used for exclusively for office space for offices for
accountants, insurance agents, attorneys, businesses, real estate
sales, and offices of a same or similar nature of those specified
herein.
SECTION 2. Section 303.01(30B) of the Zoning Regulations of
the City of Blair, _Nebraska, is hereby created to read as fol-
lows:
(30B) COMMERCIAL CENTERS shall mean business offices which may
have a limited area for display of merchandise or equipment sold
or serviced by the business and a limited area for inventory
storage. Not more than 200 square feet shall be utilized for
either display or inventory storage purposes. In addition, no
service vehicles other than normal passenger vehicles without
commercial business markings shall be stored at the commercial
center location.
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.
PASSED AND APPROVED this
day of June. 1993.
ME JENNY, M
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
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 nth day of June, 1993.
6 - #
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE N01.647
An Ordinance providing for the sale and exchange of the real
estate described as Tax Lot 160 in Section 7, Township 18 North,
Range 12 East of the 6th P.M., Washington County, Nebraska, and
containing 3.47 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 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 City of Blair agrees to deed and con-
vey, free and clear of all encumbrances, an undivided one -half
interest to Jane Ann Hunt a married person, and an undivided one-
half interest to Richard Alan Hunt, a married, person, the real
estate described as Tax Lot 160 in Section 7, Township 18 North,
Range 12 East of the 6th P.M., Washington County, Nebraska, and
containing 3.47 acres, more or less, in exchange for a deed and
conveyance, free and clear of all encumbrances, to the City of
Blair, Nebraska, a Municipal Corporation, to part of Tax 225
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 northwest
corner of Tax Lot 225 in said Section 7, Township 18 North, Range
12 East; thence N 90 degrees 00 minutes E (assumed bearing) along
the north line of said Tax Lot 225 a distance of 328.62 feet to
the southeast corner of Tax Lot 232 in said Section 7; thence S
00 degrees 14 minutes 45 seconds W along the southerly projection
of the east line of said Tax Lot 232 a distance of 343.59 feet to
a point on the south line of said Tax Lot 225; thence S 90 de-
grees 00 minutes W along said south line a distance of 323.01
feet to the southwest corner of said Tax Lot 225; thence N 02
degrees 16 minutes 37 seconds E along the west line of said Tax
Lot a distance of 26.43 feet; thence N 00 degrees 56 minutes 10
seconds W along said west line a distance of 317.22 feet to the
point of beginning; and containing 2.56 acres, more or less.
SECTION 2. The conveyance shall be pursuant to the terms
and conditions of the proposed agreement attached hereto and
marked Exhibit "A ".
SECTION 3. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyance.
SECTION 4. All ordinances or parts of ordinances in con—
flict 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 13 day of July, 3993.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
ME 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 July, 1993.
1 rl if∎Ll∎
ALICE I. DIEDRICHSEN, CITY CLERK
AGREEMENT
This Agreement made this c:24' day of July, 1993, by and
between the City of Blair, Nebraska, a Municipal Corporation,
hereinafter referred to as "Blair," and Jane Ann Hunt, a married
person in and to an undivided one -half interest, and Richard Alan
Hunt, a married person in and to an undivided one -half interest,
hereinafter referred to as "Hunts."
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:
Tax Lot 160 in Section 7, Township 18 North, Range 12
East of the 6th P.M., Washington County, Nebraska,
containing 3.47 acres, more or less.
and Hunts 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:
Part of Tax 225 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 northwest corner
of Tax Lot 225 in said Section 7, Township 18 North,
Range 12 East; thence N 90 degrees 00 minutes E (assumed
bearing) along the north line of said Tax Lot 225 a
distance of 328.62 feet to the southeast corner of Tax
Lot 232 in said Section 7; thence S 00 degrees 14
minutes 45 seconds W along the southerly projection of
the east line of said Tax Lot 232 a distance of 343.59
feet to a point on the south line of said Tax Lot 225;
thence S 90 degrees 00 minutes W along said south line a
distance of 323.01 feet to the southwest corner of said
Tax Lot 225; thence N 02 degrees 16 minutes 37 seconds E
along the west line of said Tax Lot a distance of 26.43
feet; thence N 00 degrees 56 minutes 10 seconds W along
said west line a distance of 317.22 feet to the point of
beginning; and containing 2.56 acres, more or less.
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.
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. biedrichsen,
City Clerk
Richard Alan Hunt
City of Blair, Nebraska
B -Z
JY4.'ome Jenny,
if
ORDINANCE NO.
1648
AN ORDINANCE CREATING AND ESTABLISHING THE BUSINESS IMPROVEMENT
BOARD AND ITS PURPOSE, THE QUALIFICATIONS FOR MEMBERSHIP THEREOF,
THE NUMBER OF MEMBERS OF THE BOARD, REPEALING ORDINANCE NO. 1092
AND ALL OTHER 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. Pursuant to Section 19 -4021, et seq R.R.S. Neb.
there is hereby created and established for the City of Blair a
Business Improvement Board which shall make recommendations to
the Mayor and City Council for the establishment of a plan or
plans for improvements in the business area, the boundaries of
which shall be declared by resolution of the City Council.
SECTION 2. Members of the Board shall be property owners,
residents, business operators, or users of space within the
business area. The Board shall consist of five (5) members and
shall serve such terms as the City Council, by resolution,
determines. The Mayor, with the approval of the City Council,
shall fill any vacancy for the term vacated. A Board member may
serve more than one term. The Board shall select from its mem—
bers a chairperson and a secretary.
SECTION 3. Ordinance No. 1092 and all other ordinances or
parts thereof in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this
13th day of July, 1993.
JEJ ME JENNY, MAY
ATTEST:
a li,r_e_. ,P).41.,dA.L.e.,4,44.)
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 13 day of July, 1993.
gib/ 6 J ALP
i7 A kt,A /ltr1 -1
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1649
AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 29 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 THERE-
WITH ON FILE WITH THE CITY CLERK, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND.PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. The 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. That said
water main extension shall commence at the existing water mains
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. 29, said water extension district to include the Arbor
Heights First Addition, Lots 25 through 45 inclusive, and Outlot
"A," said subdivision being a platting of part of Tax Lot 99 in
the SW1 /4 of the SE1 /4 of Section 2, Township 18 North, Range 11
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 NE corner of Lot 13, Arbor Heights, a
subdivision as surveyed, platted, and recorded in
Washington County Nebraska; thence North (assumed
bearing) 768.52 feet on the East line of said SW1 /4 and
on the East line of said Tax Lot 99; thence N 82 degrees
55 minutes 44 seconds W 215.15 feet; thence S 45 degrees
57 minutes 16 seconds W 186.32 feet; thence S 03 degrees
50 minutes 12 seconds E 185.89 feet; thence South 120.00
feet; thence S 68 degrees 59 minutes 39 seconds W 170.00
feet; thence West 66.91 feet to the West line of said
Tax Lot 99; thence S 14 degrees 20 minutes 16 seconds W
334.48 feet on the West line of said Tax Lot 99 to the
Northwesterly corner of Lot 19 of said Arbor Heights;
thence East 528.44 feet on the North line of Lots 19
through 24 inclusive of said Arbor - Heights and on the
East Extension of said North line to the East right of
way line of 20th Avenue Circle, thence North 25.00 feet
on the East right of way line of 20th Avenue Circle to
the NW corner of said Lot 13; thence East 115.00 feet on
SECTION 3. The size, location, and terminal points of the
proposed improvements for Water Extension District No. 29 are
described as follows:
SECTION 4. A more detailed description of the proposed im-
provements is shown on the plans and specifications on file at
the office of the City Clerk, City Hall, City of Blair, 218 South
16th Street, Blair, Nebraska 68008. In addition, the contract
documents may be examined at the office of Blair Engineering &
Surveying Co., Inc., 1570 Washington Street, Blair, Nebraska
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 5. The engineers' estimate of total construction
cost for the proposed water main improvements as heretofore
filed tl� City Clerk for Water Extension District No. 29 is
$ u .
SECTION 6. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 7. This ordinance shall be in effect from and after
its passage, approval, and publication according to law.
PASSED AND APPROVED this 13th day of July, 1993.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
the North line of said Lot 13 to the point of beginning.
In 20th Avenue from the existing 6" water main north to
the end of 20th Avenue Circle, and in Cauble Creek from
20th Avenue Circle west to the end of Cauble Creek
Circle.
The proposed improvements to be constructed consist of
approximately 1030 lineal feet of water main and
related appurtenances. The water main consists of poly-
vinyl chloride (PVC) of 6 inch diameter with related
fittings, fire hydrants, service connections, and other
related appurtenances as indicated on the drawings.
()ME 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
at a regular meeting of the Mayor and City Council of said City
held on the 13th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1650
AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 48 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 REFER-
RING TO PLANS AND SPECIFICATIONS 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 ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal sanitary 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 corpo-
rate limits.
SECTION 2. There is hereby created Sanitary Sewer Extension
District No. 48, said sanitary sewer extension district to in-
clude the Arbor Heights First Addition, Lots 25 through 45 inclu-
sive, and Outlot "A," said subdivision being a platting of part
of Tax Lot 99 in the SW1 /4 of the SE1 /4 of Section 2, Township 18
North, Range 11 East of the 6th P.M. in Washington County, Ne-
braska, and the outer boundaries of which Water Extension Dis-
trict shall be as follows:
Beginning at the NE corner of Lot 13, Arbor Heights, a
subdivision as surveyed, platted, and recorded in
Washington County, Nebraska; thence North (assumed
bearing) 768.52 feet on the East line of said SW1 /4 and
on the East line of said Tax Lot 99; thence N 82 degrees
55 minutes 44 seconds W 215.15 feet; thence S 45 degrees
57 minutes 16 seconds W 186.32 feet; thence S 03 degrees
50 minutes 12 seconds E 185.89 feet; thence South 120.00
feet; thence S 68 degrees 59 minutes 39 seconds W 170.00
feet; thence West 66.91 feet to the West line of said
Tax Lot 99; thence S 14 degrees 20 minutes 16 seconds W
334.48 feet on the West line of said Tax Lot 99 to the
Northwesterly corner of Lot 19 of said Arbor Heights;
thence East 528.44 feet on the North line of Lots 19
through 24 inclusive of said Arbor Heights and on the
East Extension of said North line to the East right of
way line of 20th Avenue Circle, thence North 25.00 feet
on the East right of way line of 20th Avenue Circle to
the NW corner of said Lot 13; thence East 115.00 feet on
the North line of said Lot 13 to the point of beginning.
SECTION 3. The size, location, and terminal points of the
proposed improvements for Sanitary Sewer Extension District No.
48 are described as follows:
ATTEST:
(SEAL)
In 20th Avenue from the existing 8" sanitary sewer main
north to the end of 20th Avenue Circle, and in Cauble
Creek from 20th Avenue Circle west to the end of Cauble
Creek Circle.
The proposed improvements to be constructed consist of
approximately 884 lineal feet of sewer line and
related appurtenances.. The sewer main consists of
polyvinyl chloride (PVC) of 8 inch diameter with related
fittings, man holes, service connections, and other
related appurtenances as indicated on the drawings.
SECTION 4. A more detailed description of the proposed im-
provements is shown on the plans and specifications on file at
the office of the City Clerk, City Hall, City of Blair, 218 South
16th Street, Blair, Nebraska 68008. In addition, the contract
documents may be examined at the office of Blair Engineering &
Surveying Co., Inc., 1570 Washington Street, Blair, Nebraska
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 5. The engineers' estimate of total construction
cost for the proposed sanitary sewer improvements as heretofore
filed with the City Clerk for Sanitary Sewer District No. 48 is
$ 26,366.00 .
SECTION 6. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 7. This ordinance shall be in effect from and after
its passage, approval, and publication according to law.
PASSED AND APPROVED this 13th day of July, 1993.
() "
ALICE I. DIEDRICHSEN, CITY CLERK
77
7 ME JENNY, AYOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies
appointed, qualified and acting City Clerk
Nebraska, and that the above and foregoing
at a regular meeting of the Mayor and City
held on the 3 day of July, 1993.
that she is the duly
of the City of Blair,
Ordinance was passed
Council of said City
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1651
AN ORDINANCE CREATING PAVING DISTRICT NO. 151 IN 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. 151 be and the same is
hereby created within the City of Blair, Nebraska, said paving
district to include the Arbor Heights First Addition, Lots 25
through 45 inclusive, and Outlot "A," said subdivision being a
platting of Tax Lot 99 in the SW1 /4 of the SE1 /4 of Section 2,
Township 18 North, Range 11 East of the 6th P.M. in Washington
County, Nebraska, and the outer boundaries of which Paving Dis-
trict shall be as follows:
Beginning at the NE corner of Lot 13, Arbor Heights, a
subdivision as surveyed, platted, and recorded in
Washington County, Nebraska, thence North (assumed
bearing) on the East line of said SW1 /4 and the East
line of said Tax Lot 99 357.7 feet, more or less, to the
Northeast corner of Lot 42, Arbor Heights First Addi-
tion, thence East along the North line of Lot 26 of "66"
Heights Addition to the East line of said Lot 26, thence
North 50 feet, more or less, to the Southeast corner of
Lot 25 of "66" Heights Addition, thence West to the
Southeast corner of Lot 41, Arbor Heights First Addi-
tion, thence North (assumed bearing) on the East line of
said SW1 /4 and the East line of said Tax Lot 99 360.82
feet, more or less, to the Northeasterly corner of
Outlot A; thence N 82 degrees 55 minutes 44 seconds W
215.15 feet; thence S 45 degrees 57 minutes 16 seconds W
186.32 feet; thence S 03 degrees 50 minutes 12 seconds E
185.89 feet; thence South 120.00 feet; thence S 68
degrees 59 minutes 39 seconds W 170.00 feet; thence West
66.91 feet to the west line of said Tax Lot 99; thence S
14 degrees 20 minutes 16 seconds W 334.48 feet on the
West line of said Tax Lot 99 to the Northwesterly corner
of Lot 19 of said Arbor Heights; thence East 528.44 feet
on the North line of Lots 19 through 24 inclusive of
said Arbor Heights and on the East Extension of said
North line to the East right of way line of 20th Avenue
Circle, thence North 25.00 feet on the East right of way
line of 20th Avenue Circle to the NW corner of said Lot
13; thence East 115.00 feet on the North line of said
Lot 13 to the point of beginning.
Within said District, the streets to be improved are:
SECTION 2. The improvements to be constructed in Paving
District No. 151 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. 151 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 according to law.
PASSED AND APPROVED this 13th day of July, 1993.
ATTEST:
OP PA : ite -<•,- 1 PA:A— en
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
20th Avenue Circle from the existing concrete paving at
the South of Arbor Heights First Addition north to and
including the terminus in the cul -de -sac; Cauble Creek
from the west line of 20th Avenue Circle west to and
including the terminus in the cul -de -sac; and the un-
named dedicated right of way between Lots 41 and 42,
Arbor Heights First Addition, and Lots 25 and 26 in "66"
Heights Addition from 20th Avenue Circle east to the
existing asphaltic concrete paving in 18th Avenue.
STATE OP NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies
appointed, qualified and acting City Clerk
Nebraska, and that the above and foregoing
at a regular of the Mayor and City
held on the day of July, 1993.
that she is the duly
of the City of Blair,
Ordinance was passed
Council of said City
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE CREATING PAVING DISTRICT NO. 150 IN 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. 150 be and the same is
hereby created within the City of Blair, Nebraska, said paving
district to include the Scheffler's Subdivision, said subdivision
being a platting of Tax Lot 119 and Tax Lot 236 lying in the S1 /2
NW1 /4 of Section 13, Township 18 North, Range 11 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 Southwest corner of the SE1 /4 NW1 /4 of
said Section 13, :Township 18 North, Range 11 East, and
assuming the west line of said SE1 /4 NW1 /4 to bear N 00
degrees 00 minutes E; thenoe N 89 degrees 54 minutes 30
seconds W along the south line of the NW1 /4 of said
Section 13 a distance of 20.00 feet; thence N 00 degrees
00 minutes E parallel to and 20.00 feet west of the west
line of said SE1 /4 NW1 /4 a distance of 318.58 feet to
the southwest corner of Tax Lot 168 in said section;
thence S 89 degrees 56 minutes 25 seconds E along the
south line of said Tax Lot 168 and its easterly projec-
tion a distance of 187.13 feet to a point on the wester-
ly line of Tax Lot 188 in said section, said point being
on a 353.87 foot radius curve to the left, initial
tangent of which bears S 04 degrees 31 minutes 09 sec-
onds W; thence along said 353.87 foot radius curve a
distance of 33.35 feet to a point of tangency; thence S
00 degrees 53 minutes 39 seconds E a distance of 31.85
feet; thence S 33 degrees 10 minutes 11 seconds E a
distance of 101.66 feet; thence N 56 degrees 49 minutes
49 seconds E a distance of 229.79 feet to a point on the
westerly right of way line of U.S. Highway No. 75;
thence S 35 degrees 12 minutes 30 seconds E along said
westerly right of way line a distance of 259.94 feet;
thence S 49 degrees 56 minutes 07 seconds W a distance
of 127.77 feet to a point on the south line of said
NW1 /4; thence N 89 degrees 54 minutes 30 seconds W along
said south line a distance of 466.62 feet to the point
of beginning; and containing 3.21 acres, more or less.
Within said District, the streets to be improved are
Maple Drive from the existing concrete paving at the
North line of Scheffler's Addition southerly to the
ORDINANCE NO. 1652
South line of Scheffler's Addition and Scheffler's
Circle from Maple Drive southeasterly to and including
the terminus in the cul -de -sac.
SECTION 2. The improvements to be constructed in Paving
District No. 150 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. 150 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 according to law.
ATTEST:
PASSED AND APPROVED this 13th day of July, 1993.
Q g -,rtP A ./.-e 4
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF.NEBRASKA )
)ss
WASHINGTON COUNTY )
OMB JENNY, OR
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 13th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1653
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, VACATING THE STREET
RIGHT OF WAY OF THIRTEENTH STREET BETWEEN BLOCKS 22 AND 23 IN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, 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, AS FOLLOWS:
SECTION 1. The street right of way of Thirteenth Street
between Blocks 22 and 23 in the City of Blair is hereby vacated.
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 this 13th day of Jul 1993.
ALICE I. CITY CLERK
'(,S.EAL )
STATE .OF NEBRASKA
- WASHINGTON COUNTY
)ss
ME ENNY,
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 July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1654
AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED
AS THAT PORTION OF THE VACATED THIRTEENTH STREET RIGHT OF WAY
LYING BETWEEN BLOCKS 22 AND 23 IN THE CITY OF BLAIR, WASHINGTON
COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That the real estate described as that portion
of the vacated Thirteenth Street right of way lying between
Blocks 22 and 23 in the City of Blair, Washington County, Nebras-
ka, is hereby sold and should be conveyed by the City of Blair,
Nebraska, to Concrete Equipment Company.
SECTION 2. That the consideration to be paid for such real
estate is the sum of $1,408.00 payable $100.00 in cash upon
execution of the agreement referenced to hereinafter and
$1,308.00 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 con-
flict 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:
(SEAL)
PASSED AND APPROVED THIS 27th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies that she is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council
of said City held on the 27th day of July, 1
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1655
AN ORDINANCE GENERALLY REVISING THE BOUNDARIES OF THE ZONING
DISTRICTS WITHIN THE CITY OF BLAIR, 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:
WHEREAS, Section 1601
of Blair and the statutes
municipality may generally
various zoning districts
zoning jurisdiction; and,
WHEREAS, the Planning Commission
of the Zoning Regulations of the City
of the State of Nebraska provide the
revise and set the boundaries of the
within the City of Blair
view to conserving the value of buildings
most appropriate use of land throughout the
zoning jurisdiction; and,
WHEREAS, the Planning Commission has made
and within its
has recommended the bounda-
ries of various districts be set and established pursuant
to the
Zoning District map presented to the City Council and attached
hereto; and,
WHEREAS, the Planning Commission has given reasonable
consideration, among other things, to the character of the dis-
tricts and their peculiar suitability for particular uses, with a
and encouraging the
City and within its
a preliminary
report, held public hearings thereon, and submitted its final
proposed map to the City Council; and,
WHEREAS, the City Council has given due public notice of
hearings relating to the revision of said zoning districts and
has held a public hearing thereon.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA:
SECTION 1. The map referred to hereinabov is hereby ac-
cepted and adopted as the official zoning map of the City of
Blair and the boundaries of the various districts are hereby set
and established as the boundaries of the various districts within
the City of Blair and its zoning jurisdiction.
SECTION 2. Not less than three (3) copies of said zoning
district maps marked or stamped "Official Zoning District Map
Copy" shall be filed with the City Clerk to be open to inspection
and available to the public at all reasonable hours.
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.
PASSED AND APPROVED THIS day ofA1[
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
{SEAL }.
JE
E JENNY, MA
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 24TH day ofAUGUST, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1656
AN ORDINANCE AMENDING SECTION 1 -408 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, SUCH AMENDMENT GENERALLY PROVIDING FOR
THE COMMENCEMENT OF THE REGULAR MEETINGS OF THE CITY COUNCIL AT
7:00 O'CLOCK P.M., 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. Section 1 -408 of the Municipal Code of the City
of Blair, Nebraska, is hereby amended to read as follows:
Sec. 1 -408 MEETINGS: GOVERNING BODY. The meetings of
the Governing Body shall be held in the meeting place of
the Municipality. Regular meetings shall be held on
second (2nd) and fourth (4th) Tuesdays of each month at
the hour of seven o'clock (7:00) P.M. Special meetings
may be called by the Mayor, or by four (4) members of
the City Council, the object of which shall be submitted
to the Council in writing. The call and object, as well
as the disposition thereof shall be entered upon the
journal by the Municipal Clerk. No other business shall
be transacted at such meeting unless a three - fourths
majority of all members of the Council are present and
consent thereto and such business of an emergency na-
ture. On filing the call for a special meeting, the
Municipal Clerk shall notify the Councilmembers of the
special meeting, stating the time and its purpose.
Notice of a special meeting need not be given to a
Councilmember known to be out of the state, or physical-
ly unable to be present.
A majority of all members elected to the City
Council shall constitute a quorum for the transaction of
business, but a smaller number may adjourn from time to
time and compel the attendance of the absent members.
An affirmative vote of not less than one half (1/2) of
the elected members shall be required for the transac-
tion of any business. At the hour appointed for the
meeting, the Municipal Clerk shall proceed to call the
roll of members. If a quorum is present the Council .
shall be called to order by the Mayor, if present, or if
absent, by the President of the Council. In the absence
of both the Mayor and the President of the Council, the
City Councilmembers shall elect a President pro tempore.
(Ref. 16 -401, 16 -402 RS Neb.) (Ord. No. 1174, 2/24/76)
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.
PASSED AND APPROVED this
ATTEST:
O biti-t.'JOATeri A.GeLd ra
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
271-h day of July, 1993.
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 July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1657
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,
1993, is hereby established and set as follows: Bi- Weekly Sala-
ries: City Administrator - $1,710.00, City Clerk - $920.00,
Secretary I - $760.00, Building Inspector - $900.00, Police Chief
- $1,385.00, Secretary I - $780.00, Police Captain - $1,110.00,
Police Patrolman - $970.00, Police Sergeant - $1,030.00, Police
Patrolman - $970.00, Police Patrolman - $970.00, Police Patrolman
- $970.00, Police Investigator - $1,030.00, Police Patrolman -
$970.00, Police Patrolman - $850.00, Cemetery Sexton - $900.00,
Park Superintendent - $880.00, Library Director - $970.00, Li-
brarian I - $660.00, Librarian I - $760.00, Library Assistant -
$200.00, Animal Control - $660.00, Equipment Operator II -
$900.00, Equipment Operator II - $900.00, Street Supervisor
$1,050.00, Equipment Operator II - $860.00, Equipment Operator
III - $840.00, Equipment Operator I - $920.00, Landfill Operator
- $880.00, Acct. Clerk III /Deputy Clerk /Treas. - $820.00, Account
Clerk II - $780.00, Director of Public Works - $1,462.00, Wa /Se
Distr. Supervisor - $1,000.00, Utility worker - $780.00, Utility
worker - $840.00, Water Plant Supervisor - $980.00, Water Plant
Operator - $940.00, Water Plant Operator - $940.00, Water Plant
Operator - $940.00, WWTP Supervisor - $1,020.00, WWTP Operator -
$940.00, WWTP Operator - $960.00. Hourly wages: Library aide -
$4.25, Part time Animal Control Officer - $5.25. 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, Coun-
cilman - $1,000.00.
In addition to the compensation as set forth hereinabove,
the employees, officers, and elected officials of the municipali-
ty shall be entitled to coverage under the health and accident
insurance, life insurance, and such other benefits as may be
designated by the personnel manual.
SECTION 2. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. That this ordinance shall be in force and take
effect from and after its passage, approval and publication as
provided by law.
Passed and approved this 27th day of July, 1993.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
OME JENNY .'MAYOR
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 27th day of July, 1993.
J) Li dt' ii /,c st J_C Al tip'
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1658
AN ORDINANCE AMENDING SECTIONS 1208.01, 1302.06, 1402, AND 1601
OF THE ZONING REGULATIONS OF THE CITY OF -BLAIR; AMENDING SECTIONS
402.02, 403.02, AND 705 OF THE SUBDIVISION REGULATIONS OF THE
CITY OF BLAIR, NEBRASKA; SUCH AMENDMENTS GENERALLY PROVIDING FOR
SETTING APPLICATION FEES FOR SPECIAL USE PERMITS, VARIANCES, LOTS
SPLITS, PRELIMINARY AND FINAL PLATS, NONCONFORMING EXTENSIONS,
AND ZONING AMENDMENTS BY RESOLUTION OF THE CITY COUNCIL, 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, AS FOLLOWS:
SECTION 1. Section 1402 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
SECTION 1402 APPLICATION REQUIREMENTS
A request for a,conditional use permit may be initiated by a
property owner or his attorney by filing an application with the
City Administrator upon forms prescribed for the purpose. The
application shall be accompanied by drawings or a site plan and
other such plans and data showing the dimensions, arrangements,
description data, and other materials constituting a record
essential to an understanding of the proposed use in relation to
the provisions set forth herein. The applicant shall submit and
the application must be accompanied with a nonrefundable applica-
tion fee. Said fee shall be set and determined from time to time
as necessary by the Mayor and City Council by resolution,
and shall be appended to the Municipal Code as part of an appen-
dix for permit, license, and application fees.
The application shall be accompanied by a certified list of the
names and addresses of all persons which are the record title
owners of land within 100 feet of the property. Written notices
shall be given to all owners of land within 100 feet of the
property. Such owners shall have ten days from the date of
notification to notify the City Administrator of any protests
which they may have concerning the application.
SECTION 2. Section 1302.06 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
1302.06 APPLICATION REQUIREMENTS: An application for a variance
shall be in writing and made upon forms supplied by the City for
such purpose. The application shall be accompanied by (1) a
scale drawing of the area for which the variance is requested,
together with the dimension thereof, lot or boundary locations
the location of all existing and proposed improvements or struc-
tures, and (2) a certified list of all titled owners of record
and their current addresses of all owners of land within 100 feet
of the property in question. The applicant shall pay and the
application must be accompanied by a nonrefundable fee. Said fee
shall be set and determined from time to time as deemed necessary
by the Mayor and City Council by resolution, and shall be append-
ed to the Municipal Code as part of an appendix for permit,
license, and application fees.
SECTION 3. Section 705 of the Subdivision Regulations of
the City of Blair, Nebraska, is hereby amended to read as fol-
lows:
SECTION 705 LOT SPLIT
An existing platted lot, of sufficient size, may be divided
into no more than two (2) lots, upon recommendation of the
Planning Commission and approval of the City Council. The sub-
divider, developer or owner shall file with the City an
application upon forms prescribed therefor and shall comply with
these minimum sub requirements. Requests for lot split
approval shall be made by the owner of the land to the City
Administrator. Four (4) copies of a drawing to scale of lots
involved if there are not structures thereon or if structures are
located on any part of the lot being split, four (4) copies of a
survey of the lot(s) and the location of the structure(s)
thereon, together with the precise nature, location and
dimensions of the split, shall accompany the application. Such
drawings shall include a scale drawing of the entire tract being
divided and shall be not more than 14" x 17" in size. The
application shall be accompanied by a certified list of names and
addresses of all persons to receive notices. Written notices
shall be given to all owners of land within 100 feet of the
property proposed to be split. Such owners shall have ten (10)
days from the date .of notification to notify the City
Administrator of any protests they may have concerning the lot -
split.
1. Approval or disapproval of lot splits shall be made based
on the following guidelines in which:
A. No lot split shall be approved if:
(1) A new street or alley is needed or proposed.
(2) A vacation of streets, alleys, setback lines,
access control of easements is required or proposed.
(3) If such action will result in significant in-
creases in service requirements, utilities, schools,
traffic control, streets, etc.; or will interfere with
maintaining existing service levels, additional repav-
ing etc.
(4) There is less street right -of -way than required by
these regulations or the comprehensive plan unless such
dedication can be made by separate instrument.
(5) All easement requirements have not been satisfied.
(6) If such split results in a tract without direct
access to a street.
(7) A substandard sized lot or parcel will be created
as determined by the existing zoning.
B. The Planning Commission may make such additional require-
ments deemed necessary to carry out the intent and purpose of
existing land development regulations and governing body policy.
Requirement may include, but not be limited to, installation of
public facilities, dedication of right -of -way and easements, and
submission of covenants for the protection of other landowners in
the original subdivision.
The City Council, after recommendation of the Planning
Commission, may waive any of the restrictions herein prohibiting
the approval of a lot split upon the following conditions:
In the event the application is accompanied by an approval
of the County Surveyor indicating that upon granting of the lot
split any resulting substandard size lot will be combined with an
existing lot and redesignated as one tract. The lot split shall
not be approved unless such redesignated tract meets all of the
requirements for the granting of lot splits herein.
If the lot split application is for the split of a platted
subdivision lot, the lot split regulations may be waived if the
certified drawing includes an agreement of the owners thereof and
adjacent lots to which any part of the split lot is to be append-
ed, binding the transferees, grantees, and the assignees of the
owners, providing that the resulting split tracts will be perma-
nently appended to the contiguous lot with common ownership.
Permanently appended shall mean that the resulting partial lot or
the contiguous lot may not be conveyed without the other in a
simultaneous transaction to the same grantee.
C. The Planning Commission shall, in writing, either approve
with or without conditions or disapprove the lot split within
thirty (30) days of ,application. If approved, and after all
conditions have been .met, the chairman of the Planning Commission
shall sign and furnish a certificate of approval to be affixed to
the lot -split survey.
D. The lot split survey shall then be submitted to the City
Council for appropriate action.
E. Following approval by the Planning Commission and the
City Council, one copy of the survey bearing the signatures of
the chairman of the Planning Commission and the Mayor indicating
Planning Commission and Council approval shall be filed by the
City Clerk in the office of the Washington County Clerk, ex-
officio Register of Deeds.
2. The zoning administrator may approve lot splits without
further approval by the Planning Commission or City Council as
follows:
A. Approval of a lot split may be made by the zoning admin-
istrator where all of the following conditions are met:
(1) The lot split is in compliance with all of the
terms and conditions of Section 705 herein except those
as to notice and (a) (6) and (7).
(2) The lot split is necessitated by an error in the
construction of any existing building which was con-
structed five (5) years or more before the application
was filed.
(3) The lot split creates one lot which for correction
purposes is not more than three feet in width.
(4) The application is accompanied by written consent
of the land owners holding title to the parcel to be
split and the party to which the resulting lot from the
split shall be conveyed.
B. Approval of a lot split may be made by the zoning admin-
istrator where the division or further division of land into lots
or parcels, each of which contains more than ten (10) acres, and
where such subdivision does not involve the creation of any new
streets or easements of access.
C. Approval of a lot split may be made by the zoning admin-
istrator where a transaction between owners of adjoining land,
which involves only a change in the boundary between the land
owned by such persons, does not create an additional lot, and
does not result in the creation of a substandard size lot.
D. If a protest or protests against any lot split as set
forth be filed in the office of the City Clerk within ten (10)
days of the notice of such split duly signed by the owners of
twenty percent (20 %) of the total area excepting public streets
and ways, located within or without the corporate limits of the
municipality and located within one hundred feet (100) feet of
boundaries of the property proposed to be split. Approval of
such split shall not be made by the zoning administrator under
this section, and the approval of the split shall be made by the
procedure as set forth hereinabove, by hearing before the Plan-
ning Commission and City Council.
3. Conveyances or transfers of real estate otherwise subject to
the provisions of this section shall be exempt in the following
instances:
A. A conveyance of land or interest therein for use as
right -of -way by railroad or other public utilities subject to
state or federal regulation, where no new street or easement of
access is created.
B. Any transfer by operation of law.
C. A conveyance of land to any governing body for
right -of -way or other public use when such acceptance is in the
public interest and not for the purpose of circumventing these
regulations.
4. The applicant shall pay and the application must be accompa-
nied by.a nonrefundable application fee. Said fee shall be set
and determined from time to time as deemed necessary by the Mayor.
and City Council by resolution, and shall be appended to the
Municipal Code as part of an appendix for permit, license, and
application fees.
SECTION 4. Section 402.02 of the Subdivision Regulations of
the City of Blair, Nebraska, is hereby amended to read as fol-
lows:
SECTION 402.02 FEES: A nonrefundable plat review fee shall
accompany the application for conditional approval. Said fee
shall be set and determined from time to time as deemed necessary
by the Mayor and City Council by resolution, and shall be append-
ed to the Municipal Code as part of an appendix for permit,
license, and application fees.
SECTION 5. Section 403.02 of the Subdivision Regulations of
the City of Blair, Nebraska, is hereby amended to read as fol-
lows:
SECTION 403.02 FEES: A final plat review fee shall accompany the
application for final approval of the plat. The applicant shall
pay and the application must be accompanied by a nonrefundable
application fee. Said fee shall be set and determined from time
to time as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part
of an appendix for permit, license, and application fees.
SECTION 6. Section 1208.01 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
SECTION 1208.01 APPLICATION REQUIREMENT. A request for such
nonconforming use permit may be initiated by the property owner
or his attorney by filing an application with the City Adminis-
trator upon forms prescribed for the purpose. The application
and procedure for hearing same shall be the same as set forth
under Article 16 of the Zoning Regulations. The applicant shall
pay and the application must be accompanied by a nonrefundable
application fee. Said fee shall be set and determined from time
Said fee shall be set and determined from time to time as deemed
necessary by the Mayor and City Council by resolution, and shall
be appended to the Municipal Code as part of an appendix for
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 27th day of July, 1993.
l) (/ ( LPL, d x,te ��
ALICE I. DIEDRICHSEN, CITY CLERK
permit, license, and application fees.
SECTION 7. Section 1601 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
SECTION 1601 GENERAL
The City Council may from time to time supplement, change or
generally revise the boundaries or regulations contained in this
Ordinance by amendment. A proposal for such amendment may be
initiated by the City Council, Planning Commission or upon
application of the owner of the property affected. The applicant
shall pay and the application must be accompanied by a nonrefund-
able application fee. Said fee shall be set and determined from
time to time as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part
of an appendix for permit, license, and application fees.
Any revisions of boundaries, changes in zoning or appending of
special districts shall be allowed only to entire and complete
lots or tracts of land and shall not be granted to partial or
portions of lots and tracts of land.
SECTION 8. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 9. 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 27th day of July, 1993.
ATTEST:
ALICg I. DIEDRICHSEN, CITY CLERK
(SEAL)
7 J E OME `JENNY, Y.+R
ORDINANCE N0.
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, 1993, 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
$10,049,251.00 to be raised and acquired by the levy of general
and special taxes and by bond issue, this sum being necessary to
defray the expenses and liabilities of said City for the 1993-
1994 fiscal year.
SECTION 2. That the following amounts be and hereby are
appropriated from the various funds to the use and purpose herei-
nafter specified, to-wit:
FUND ALL SOURCES EST.
General Fund $1,846,773.00
Debt Service $ 762,204.00
Street $ 696,033.00
Landfill $ 729,203.00
Water $3,507,932.00
Insurance $ 255,862.00
Sewer $ 347,582.00
Water Bond $ 746,706.00
Capital Outlay Res. . $ 75,002.00
MIRF $ 28,454.00
Economic Development Plan $1,053,500.00
SECTION 3. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. That this ordinance shall be in force and take
effect from and after its passage, approval and publication as
provided by law.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
Passed and approved this 27th
)ss
day of July, 1993.
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 27th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE N0. 1660
AN ORDINANCE AMENDING SECTION 9 -107 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, PROVIDING FOR A TWO HUNDRED DOLLAR
($200.00) DEPOSIT FOR NEW CONSTRUCTION AND REMODELING IN EXCESS
OF TEN THOUSAND DOLLARS ($10,000.00) REFUNDABLE UPON SUCCESSFUL
FINAL INSPECTION AND PAYMENT OF ALL FEES, 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. Section 9 -107 of the Municipal Code of the City
of Blair, Nebraska, is hereby amended to read as follows:
Sec. 9 -107 BUILDING INSPECTOR: BUILDING PERMIT FEES. The fee to
be charged for building permits shall be set and determined from
time to time as necessary by the Mayor and City Council, by
resolution, and said fees shall be appended to the Municipal Code
as part of an appendix titled "Permit, License, and Application
Fees," and shall be on file at the office of the Municipal Clerk
and available for public inspection during regular office hours
of the said Municipal Clerk; Provided, however, that no fee shall
be charged for work costing less than fifty ($50.00) dollars.
(Amended by Ord. No. 1324, 3/23/82)
In addition to the fee to be charged for building permits, prior
to the issuance of any building permit for any new construction
or for renovation or remodeling construction in excess of
$10,000.00 a Two Hundred Dollar ($200.00) deposit shall be made
to.the City. Such Two Hundred Dollar ($200.00) deposit shall be
refunded to the remitter upon completion of and the approval of a
final inspection and payment of all other applicable fees due
under the building permit or for the construction.
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.
27th
PASSED AND APPROVED THIS day of July, 1993.
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
27th day of July, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1661
AN ORDINANCE REPLATTING SCHEFFLER'S ADDITION TO THE CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA, AND BY THE APPROVAL OF SUCH
REPLAT VACATING THE ORIGINAL PLAT OF SCHEFFLER'S ADDITION
SPECIFICALLY INCLUDING BUT NOT LIMITED TO RIGHT OF WAY DEDICATED
ON SUCH ORIGINAL PLAT, 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 first replat of Scheffler's Addition to
the City of Blair, Washington County, Nebraska, is hereby ap-
proved by the municipality.
SECTION 2. That the original plat of Scheffler's Addition
is hereby voided and vacated by the municipality including but
not limited to right of way dedicated to the municipality's use
by said first replat and not included on the first replat hereby
approved.
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.
PASSED AND APPROVED THIS
10thday of August, 1993.
CITY OF
w �
o%k fl SEAL w JERE JENNY, MA
m
FIRST CUSS
ATTEST :'4d, Em0saeue'e"
1!iea _ ti2 Otto -v��
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 10th day of August, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1662
AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEAR
COMMENCING AUGUST 1, 1993, AND ENDING ON JULY 31, 1994, 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, 1993, a tax on all property within the
corporate limits of said City for the General Fund in the amount
of $738,938.00, which will result in a levy of 43.33 cents per
$100.00 of assumed total tentative valuation of $170,555,221.00,
and for Debt Fund in the amount of $30,381.00, which will result
in a levy of 1.78 cents per $100.00 of assumed total tentative
valuation of $170,555,221.00.
SECTION 2. All taxes levied herein shall be and become
due, and remaining unpaid, shall become delinquent as provided by
law.
SECTION 3. The City Clerk is hereby authorized and
instructed to certify to the County Clerk of Washington County,
Nebraska, the percentage of or number of mills on the dollar of
taxes levied for all City purposes hereunder, on the taxable
property within the City for said year as shown by the assessment
roll for said year, including all special assessments and taxes
assessed as herein provided to be collected in the manner provid-
ed by law for the collection of State and County taxes within
Washington County wherein the City of Blair, Nebraska, is situat-
ed, with levies required to raise the necessary amount for the
maintenance of said City and the amount required or authorized to
be raised by statute.
SECTION 4. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5. That this ordinance shall be in force and
take effect from and after its passage, approval and publication
as provided by law.
ATTEST:
Passed and approved this 24th day of August
ALICE I. DIED.ICHSEN, CITY CLERK
JERO JENNY, MAY
, 1993.
TE OF BRASKA )
)ss
WASHIN ON COUNTY )
ALICE I. EDRICHSEN, ereby certifies that she is the
my appointe+ , qualified an acting City Clerk • the C sty of
Blair, Neb'aska, and that he above and for:oing Ordinan,e was
passed at a special meet' ng of the Mayor and City.Counci of said
ty held on the24th day of Aug t , 1993.
1 eY.fl.0 L ' rp ✓.�0
ALICE I. DIEDRICHSEN,
AN ORDINANCE AMENDING SECTION 804.10 OF THE ZONING REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, GENERALLY ESTABLISHING 35 FEET AS
THE MAXIMUM HEIGHT OF STRUCTURES IN THE CL - LIMITED COMMERCIAL
DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 804.10 of the Zoning regulations of
the City of Blair, Nebraska is hereby amended to read as follows:
804.10 MAXIMUM HEIGHT: No structure shall exceed 35 feet.
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 publication hereof as required by
law.
ATTEST:
Passed and approved this
-( 4/0
LLICE I. DIEDRICHSEN, CITY CLERK
SEAL)
:TATE OF NEBRASKA )
)ss
fASHINGTON COUNTY )
ORDINANCE NO. 1663
day of
JEOME JENNY, I '� OR
/
ALICE I. DIEDRICHSEN, hereby certifies that she is the duly
ppointed, qualified and acting City Clerk of the City of Blair,
febraska, and that the above and foregoing Ordinance was passed
nd approved at a regular meeting of the Mayor and City Council
f said City held on the 14th day of September , 1993.
, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1664
AN ORDINANCE AMENDING SECTIONS 704.08 AND 705.08 OF THE ZONING
REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, REFERENCING THE
PROVISIONS OF SECTION 1103 REGARDING SIDE YARDS AND DELETING THE
REFERENCE TO SECTION 1103 REGARDING REAR YARDS, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PRO-
VIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. Section 704.08 of the Zoning regulations of the
City of Blair, Nebraska , is hereby amended to read as follows:
704.08 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 line of a
Federal Aid - Primary or Federal Air - Secondary designated street or
highway or thirty -five (35) feet from the property line, whichev-
er is greater. On all other streets or highways there shall be a
minimum front yard of not less than a depth of twenty (20 ) feet
from the property line.
(2) Rear yard: The minimum rear yard of a permitted use and its
accessories shall be ten (10) feet, provided, however, if the
permitted use is other than a single family dwelling and the site
abuts a residential district without separation by an alley, the
minimum rear yard shall be fifteen (15) feet. Where the rear of
the site abuts an alley right of way, the rear yard may be de-
creased one (1) foot for each two (2) feet of such alley right of
way.
(3) Side yards: The minimum side yards of a permitted use and
its accessory structures shall be seven (7) feet except as may be
permitted in Section 1103 hereof.
a. On the street side of a corner lot, side yards shall not be
less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit
shall be not less than ten (10) feet.
c. The minimum side yard shall be nine (9) feet for any site
adjacent to a single family residential district.
d. Attached or detached garages or carports fronting on the side
yard of a corner lot shall be set back a minimum of twenty (20)
feet from the property line on a straight driveway approach of
fifteen (15) feet from the property line where the garage opening
is perpendicular to the property line requiring a curved driveway
approach.
(4) Distance between structures: The minimum distance between.a
residential structure and another structure shall be ten (10)
feet.
y
SECTION 2. Section 705.08 of the Zoning regulations of the
City of Blair, Nebraska, is hereby amended to read as follows:
705.08 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 line 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.
(2) Rear Yard: The minimum rear yard of a permitted use and its
accessories shall be ten (10) feet, provided, however, if the
permitted use is other than a single family dwelling and the site
abuts a residential district without separation by an alley, the
minimum rear yard shall be fifteen (15) feet. Where the rear of
the site abuts an alley right of way, the rear yard may be de-
creased one (1) foot for each two (2) feet of such alley right of
way.
(3) Side Yard: The minimum side yard of a permitted use and its
accessory structures shall be seven (7) feet except as may be
permitted in Section 1103 hereof.
a. On the street side of a corner ,lot, side yards shall not be
less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit
shall be not less than ten (10) feet.
c. The minimum side yard shall be nine (9) feet for any site
adjacent to a single family residential district.
d. Attached or detached garages or carports fronting on the side
yard of a corner lot shall be set back a minimum of twenty (20)
feet from the property line on a straight driveway approach of
fifteen (15) feet from the property line where the garage opening
is perpendicular to the property line requiring a curved driveway
approach.
(4) Distance between structures: The minimum distance between a
residential structure and another structure shall be ten (10)
feet.
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 publication hereof as required by
law.
ATTEST:
Passed and approved this 14th day of September , 1993.
/ALL %.AL--10,A)Z4,1_A.44....)
ALICE I. DIEDRICHSEN, CITY CLERK
JEyrOME JENNY, : YOR
(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 September , 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1665
AN ORDINANCE AMENDING SECTION 4 -303 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, REQUIRING ALL GARBAGE AND SOLID WASTE BE
DISPOSED OF AT THE PRESENT DOUGLAS COUNTY. LANDFILL SITE LOCATED
NEAR ELK CITY, NEBRASKA, DEFINING SOLID WASTE, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, 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:
of Blair,
ATTEST:
SECTION 1. Section 4 - 303 of the Municipal Code of the City
Nebraska, is hereby amended to read as follows:
Sec. 4 -303 GARBAGE AND REFUSE. All garbage and solid waste
generated and derived within the corporate limits shall be depos-
ited and disposed of at the Douglas County Landfill located near
Elk City, Nebraska. It shall be unlawful for any person to
dispose or dump garbage or solid waste at any other place or site
other than said Douglas County Landfill or the municipal collec-
tion center for garbage and solid waste.
For the purpose of this section, solid waste is defined as fol-
lows: Solid waste shall have the same meaning as set forth in
Sec. 13 -204 R.R.S. Neb. as adopted by reference from Sec. 81-
1502(26) R.R.S. Neb. and shall further include but not be limited
to yard waste, garbage, trash, rubbish, and junk as set forth in
Sec. 81 -1502 et seq. R.R.S. Neb.
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 publication hereof as provided by
law.
Passed and approved this
'PEGGY J: FRAHMf, DEPUTY CITY CLERK
(SEAL)
28 day of September, 1993.
N
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
)
PEGGY J. FRAHM, hereby certifies that she is the duly ap-
pointed, qualified and acting Deputy City Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed and approved at a regular meeting of the Mayor and City
Council of said City held on the
28 day of September, 1993.
Peggy J. Frahm, Deputy City Clerk
ORDINANCE NO. 1666
AN ORDINANCE AMENDING SECTION 4 -304 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, PROHIBITING ANY PERSON FROM COLLECTING,
TRANSPORTING, OR DISPOSING OF SOLID WASTE WITHIN THE MUNICIPAL
LIMITS WITHOUT A LICENSE OR OTHER AUTHORITY FROM THE MUNICIPALI-
TY, 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 -304 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
Sec. 4 -304 GARBAGE AND REFUSE. AUTHORIZED HAULERS. It shall be
unlawful for any person for hire or other consideration to col-
lect, transport, or dispose of any garbage or solid waste as
defined in Section 4 -303 generated or derived within the munici-
pal limits without a license or other authority from the munici-
pality.
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 publication hereof as provided by
law.
ATTEST:
(SEAL)
Passed and approved this
PEGGY J. FRAHM, DEPUTY CITY CLERK
28 day of September, 1993.
OME JENNY,
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
PEGGY J. FRAHM, hereby certifies that she is the duly ap-
pointed, qualified and acting Deputy City. Clerk of the City of
Blair, Nebraska, and that the above and foregoing Ordinance was
passed and approved at a regular meeting of the Mayor and City
Council of said City held_on the 28 day of September, 1993.
Peggy J. Frahm, Deputy City Clerk
ORDINANCE NO. 1667
AN ORDINANCE AMENDING ORDINANCE NO 1621 RELATING TO THE ESTAB-
LISHING OF AN ECONOMIC DEVELOPMENT PROGRAM FOR THE CITY OF BLAIR,
NEBRASKA, TO PROVIDE FOR THE ISSUANCE OF BONDS IN CONNECTION WITH
SAID PROGRAM, 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. Ordinance No. 1621 of the City of Blair, Nebras-
ka, establishing an economic development program for the City of
Blair, Nebraska, is hereby amended by adding thereto the follow-
ing Section 18:
Section 18. In order to carry out the economic develop-
ment program established and described in this Ordinance
No. 1621, the City shall have the power to issue bonds
to provide financing and anticipate receipt of revenues
for such program's activities in the manner provided for
in LB732 as enacted by the Ninety -third Legislature of
the State of Nebraska, First Session, and the provisions
of said LB732 relating to and authorizing the issuance
of bonds to carry out an economic development program
are hereby incorporated by reference into this ordi-
nance."
SECTION 2. Ordinance No. 1621 as amended and supplemented
by this Ordinance is hereby ratified and confirmed in all re-
spects.
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 and any resolution authorizing the issuance of bonds
adopted by the Mayor and City Council of the City of Blair,
Nebraska, prior to the effectiveness of this ordinance shall be
in force and effect immediately upon the effectiveness of this
ordinance:
ATTEST:
PASSED AND APPROVED THIS 12 day of October, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
of said City held on the 12
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
day of October, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1668
AN ORDINANCE AMENDING SECTION 3 -305 OF THE MUNICIPAL CODE, RE-
PEALING DEPOSIT REQUIREMENTS FOR CUSTOMERS OF THE MUNICIPAL WATER
WORKS OR SANITARY SEWER SYSTEM THAT OWN AND OCCUPY THE PREMISE OF
SERVICE, ESTABLISHING AND CREATING AN ACCOUNT CREATION FEE AND
ACCOUNT MODIFICATION FEE FOR SUCH OWNERS AND RENTERS, 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 3 -305 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
Sec. 3 -305 UTILITIES. DISCONNECTION: ACCOUNT CREATION OR MODIFI-
CATION FEE. OWNERS. RENTERS. At the time any new account is
established for any customer of the municipal water works or
sanitary sewer system that own or occupy the premises to be
served and for which the bill is rendered, said customer shall
remit to the City an account creation fee in the amount of $25.00
which shall be paid prior to the establishment of service for
said account. At any time said account is modified by changing
location of the service or reestablishment of service following
voluntary customer disconnection of five (5) months or less, said
customer shall remit to the City an account modification fee in
the amount of $15.00 which shall be paid prior to the establish-
ment of service at the new location or reestablishment of serv-
ice.
SECTION 2. All deposit requirements as established by
Section 3 -305 as it existed prior to the passage and approval of
this ordinance are hereby repealed and all deposits held by the
municipality pursuant to said Section 3 -305 shall be refunded.
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.
Passed and approved this 9TH day ofNOVEMBER
, 1993.
ATTEST:
(zF o
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
9TH
day of NOVEMBER
, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1669
AN ORDINANCE AMENDING SECTION 1 -810 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, TO INCLUDE THE REAL ESTATE DESCRIBED AS
BEGINNING AT A POINT ON THE EAST LINE OF THE SW1 /4 SE1 /4 OF
SECTION 2, TOWNSHIP 18 NORTH, RANGE 11 EAST, SAID POINT BEING
33.00 FEET NORTH OF THE SE CORNER OF THE SW1 /4 SE1 /4 AND ASSUMING
THE EAST LINE OF SAID SW1 /4 SE1 /4 TO BEAR DUE NORTH AND SOUTH;
THENCE NORTH A DISTANCE OF 1210.82 FEET, THENCE N 82 55' 44" W A
DISTANCE OF 215.15 FEET; THENCE S 45 57' 16" W A DISTANCE OF
186.32 FEET; THENCE S 03 50' 12" E A DISTANCE OF 185.89 FEET;
THENCE SOUTH A DISTANCE OF 120.00 FEET; THENCE S 68 59' 39" W A
DISTANCE OF 170.00 FEET; THENCE WEST A DISTANCE OF 66.91 FEET;
THENCE S 14 20' 16" W A DISTANCE OF 535.87 FEET; THENCE S 00°
31' 18" WEST TO THE SOUTHERLY RIGHT OF WAY OF THE ABANDONED C &NW
RAILROAD; THENCE S 58 ° 28' 41" E ALONG SAID SOUTHERLY RIGHT OF
WAY 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, TOWNSHIP 18 NORTH,
RANGE 11 EAST; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE
SOUTH LINE OF SECTION 2; THENCE NORTHERLY ALONG A LINE 33.00 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF THE SW1 /4 SE1 /4 OF
SECTION 2 A DISTANCE OF 33.00 FEET; THENCE EASTERLY PARALLEL TO
THE SOUTH LINE OF SAID SECTION 2 A DISTANCE OF 33.00 FEET TO THE
POINT OF BEGINNING, IN THE FIRST WARD OF THE CITY OF BLAIR,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The following described real estate shall be
included in the First Ward of the City of Blair:
Beginning at a point on the East line of the SW1 /4 SE1 /4 of
Section 2, Township 18 North, Range 11 East, said point being
33.00 feet North of the SE corner of the SW1 /4 SE1 /4 and assuming
the East line of said SW1 /4 SE1 /4 to bear due North and South;
thence North a distance of 1210.82 feet, thence N 82 55' 44" W a
distance of 215.15 feet; thence S 45 57' 16" W a distance of
186.32 feet; thence S 03 50' 12" E a distance of 185.89 feet;
thence.South a distance of 120.00 feet; thence S 68 59' 39" W a
distance of 170.00 feet; thence West a distance of 66.91 feet
thence S 58 20' 16" W a distance of 535.87 feet; thence S 00
31' 18" West to the Southerly right of way of the abandoned C &NW
Railroad; thence S 58° 28' 41" E along said Southerly right of
way 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, Township 18 North,
Range 11 East; thence Northerly along said parallel line to the
South line of Section 2; thence Northerly along a line 33.00 feet
West of and parallel to the East line of the SW1 /4 SE1 /4 of
Section 2 a distance of 33.00 FEET; thence Easterly parallel to
the South line of said Section 2 a distance of 33.00 feet to the
point of beginning.
SECTION 2. That Section 1 -810 of the Municipal Code is
hereby amended to read as follows:
Sec. 1 -810. ELECTIONS: WARDS. The Municipality shall redistrict
as often as necessary using the most recent Federal Census to
insure that each Ward is substantially equal in population. The
Municipality shall be divided into four (4) Wards.
FIRST WARD
The First Ward shall include all territory and land within
the Municipality lying North and East of the following described
line: Beginning at the intersection of the centerline of U.S.
Highway No. 30 and the East corporate limits; thence Westerly
along the centerline of U.S. Highway No. 30 to the centerline of
Tenth Street; thence Northerly along the centerline of Tenth
Street to the centerline of Nebraska Street; thence Westerly
along the centerline of Nebraska Street to the centerline of
Fourteenth Street; thence Southerly along the centerline of
Fourteenth Street to the centerline of State Street; thence
Westerly along the centerline of State Street to the centerline
of Seventeenth Avenue; thence Southerly along the centerline of
Seventeenth Avenue to the centerline of the Chicago and North-
western Railroad; thence Westerly along the centerline of the
Chicago and Northwestern Railroad to the 1/4 1/4 line West of the
East line of Section 11, Township 18 North, Range 11 East of the
6th P.M.; thence Northerly along the 1/4 1/4 line West of the
East line of Section 11, Township 18 North, Range 11 East and the
1/4 1/4 line West of the East line of Section 2, Township 18
North, Range 11 East to the North corporate limits and also
including beginning' at a point on the East line of the SW1 /4
SE1 /4 of Section 2, Township 18 North, Range 11 East, said point
being 33.00 feet North of the SE corner of the SW1 /4 SE1 /4 and
assuming the East line of said SW1 /4 SE1 /4 to bear due North and
South; thence North a distance of 1210.82 feet, thence N 82 55'
44" W a distance of 215.15 feet; thence S 45 57' 16" W a dis-
tance of 186.32 feet; thence S 03 50' 12" E a distance of 185.89
feet; thence South a distance of 120.00 feet; thence S 68 0 59'
39" W a distance of 170.00 feet; thence West a distance of 66.91
feet; thence S 14 20' 16" W a distance of 535.87 feet; thence S
00 31' 18" West to the Southerly right of way of the abandoned
C &NW Railroad; thence S 58 28' 41" E along said Southerly right
of way 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, Township 18
North, Range 11 East; thence Northerly along said parallel line
to the South line of Section 2; thence Northerly along a line
33.00 feet West of and parallel to the East line of the SW1 /4
SE1 /4 of Section 2 a distance of 33.00 feet; thence Easterly
parallel to the South line of said Section 2 a distance of 33.00
feet to the point of beginning.
The Second Ward shall include all territory and land within
the Municipality lying South and West of the following described
line: Beginning at the intersection of the South line of Section
10, Township 18 North, Range 11 East and the Easterly right of
way of the Chicago and Northwestern Railroad; thence Northerly
along the Easterly right of way of the Chicago and Northwestern
Railroad to the East line of Section 10, Township 18 North, Range
11 East; thence Northerly along the East line of Section 10,
Township 18 North, Range 11 East to the Northerly right of way of
the Chicago and Northwestern railroad; thence Northeasterly along
the Northerly right of way of the Chicago and Northwestern Rail-
road to the Southwesterly corner of Tax Lot 541 in Section 11,
Township 18 North, Range 11 East; thence Northeasterly along the
Westerly line and projection thereof of Tax Lot 541 to the cen-
terline of Twenty - Seventh Street; thence Southeasterly along the
centerline of Twenty - Seventh Street to the centerline of Nebraska
Street; thence Easterly along the centerline of Nebraska Street
to the centerline of Twenty -Third Street; thence Southerly' along
the centerline of Twenty -Third Street to the centerline of the
Chicago and Northwestern Railroad; thence Easterly along the
centerline of the Chicago and Northwestern Railroad to the cen-
terline of Seventeenth Avenue; thence Northerly along the center-
line of Seventeenth Avenue to the centerline of State Street;
thence Easterly along the centerline of State Street to the
centerline of Sixteenth Street; thence Southerly along the cen-
terline of Sixteenth Street to the centerline of South Street;
thence Westerly along the centerline of South Street to the
centerline of Seventeenth Street; thence Southerly along the
centerline of Seventeenth Street to the centerline of Butler
Street; thence Westerly along the centerline of Butler Street and
Butler Avenue to the Easterly right of way of U.S. Highway No.
30; thence Southerly along the Easterly right of way of U. S.
Highway No. 30 to the South line of Huber Addition; thence East-
erly along the South line of Huber Addition to the 1/4 1/4 line
West of the East line of Section 14, Township 18 North, Range 11
East; thence Southerly along the 1/4 1/4 line West of the East
line of Section 14, Township 18 North, Range 11 East and the 1/4
1/4 line West of the East line of Section 23, Township 18 North,
Range 11 East to the 1/4 1/4 line South of the North line of
Section 23, Township 18 North, Range 11 East; thence Westerly
along the 1/4 1/4 line South of the North line of Section 23,
Township 18 North, Range 11 East to the East line of Tax Lot 68
in Section 23, Township 18 North, Range 11 East; thence Southerly
along the East line of Tax Lot 68 to the South line of Tax Lot
68; thence Westerly along the South line of Tax Lot 68 to the
Easterly right of way of State Highway No. 133; thence Southerly
along the Easterly right of way of State Highway No. 133 to the
East -West 1/4 line of Section 23, Township 18 North, Range 11
East.
SECOND WARD
THIRD WARD
The Third Ward shall include all territory and land within
the Municipality lying South and East of the following described
line: Beginning at the intersection of the centerline of U.S.
Highway No. 30 and the East corporate limits; thence Westerly
along the centerline of U.S. Highway No. 30 to the centerline of
Tenth Street; thence Northerly along the centerline of Tenth
Street to the centerline of Nebraska Street; thence Westerly
along the centerline of Nebraska Street to the centerline of
Fourteenth Street; thence Southerly along the centerline of
Fourteenth Street to the centerline of State Street; thence
Westerly along the centerline of State Street to the centerline
of Sixteenth Street; thence Southerly along the centerline of
Sixteenth Street to the centerline of South Street; thence West-
erly along the centerline of South Street to the centerline of
Seventeenth Street; thence Southerly along the centerline of
Seventeenth Street to the centerline of Butler Street; thence
Westerly along the centerline of Butler Street and Butler Avenue
to the Easterly right of way of U.S. Highway No. 30; thence
Southerly along the Easterly right of way of U.S. Highway No. 30
to the South line of Huber Addition; thence Easterly along the
South line of Huber Addition to the 1/4 1/4 line West of the East
line of Section 14, Township 18 North,_ Range 11 East; thence
Southerly along the 1/4 1/4 line West of the East line of Section
14, Township 18 North, Range 11 East, and the 1/4 1/4 line West
of the East line of Section 23, Township 18 North, Range 11 East
to the 1/4 1/4 line South of the North line of Section 23, Town-
ship 18 North, Range 11 East; thence Westerly along the 1/4 1/4
line South of the North line of Section 23, Township 18 North,
Range 11 East to the East line of Tax Lot 68 in Section 23,
Township 18 North, Range 11 East; thence Southerly along the East
line of Tax Lot 68 to the South line of Tax Lot 68; thence West-
erly along the South line of Tax Lot 68 to the Easterly right of
way of State Highway No. 133; thence Southerly along the Easterly
right of way of State Highway No. 133 to the East -West 1/4 line
of Section 23, Township 18 North, Range 11 East.
FOURTH WARD
The Fourth Ward shall include all territory and land within
the Municipality lying North and West of the following described
line: Beginning at the intersection of the South line of Sec-
tion 10, Township 18 North, Range 11 East and the Easterly right
of way of the Chicago and Northwestern Railroad; thence Northerly
along the Easterly right of way of the Chicago and Northwestern
Railroad to the East line of Section 10, Township 18 North, Range
11 East; thence Northerly along the East line of Section 10,
Township 18 North, Range 11 East to the Northerly right of way of
the Chicago and Northwestern railroad; thence Northeasterly along
the Northerly right of way of the Chicago and Northwestern Rail-
road to the Southwesterly corner of Tax Lot 541 in Section 11,
Township 18 North, Range 11 East; thence Northeasterly along the
Westerly line and projection thereof of Tax Lot 541 to the cen-
terline of Twenty- Seventh Street; thence Southeasterly along the
centerline of Twenty - Seventh Street to the centerline of Nebraska
Street; thence Easterly along the centerline of Nebraska Street
to the centerline of Twenty-Third Street; thence Southerly along
the centerline of Twenty -Third Street to the centerline of the
Chicago and Northwestern Railroad; thence Easterly along the
centerline of the Chicago and Northwestern Railroad to the 1/4
1/4 line West of the East line of Section 11, Township 18 North,
Range 11 East; thence Northerly along the 1/4 1/4 line West of
the East line of Section 11, Township 18 North, Range 11 East,
and the 1/4 1/4 line West of the East line of Section 2, Township
18 North, Range 11 East to the North corporate limits. (Amended
by Ord. No. 06/10/91.)
SECTION 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
r ‘-.,P p_.7
ALICE I. DIEDRICHSEN, CITY CLERK
, (SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)
26th day of October, 1993.
III ,„....,!..: 2 4er-2,,,,_
/if JENNY, 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
and approved at a regular meeting of the Mayor and City Council
of said City held on the 26th day of October, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO.
1670
AN ORDINANCE AMENDING SECTION 3 -701 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, PROVIDING FOR THE CLOSURE OF THE MUNICI-
PAL LANDFILL WHICH OPERATED FOR COLLECTION OF SOLID WASTE, PRO-
VIDING FOR THE OWNERSHIP AND OPERATION OF A LIMITED MUNICIPAL
LANDFILL FOR DEPOSITING CONSTRUCTION DEBRIS AND TREE LIMBS,
PROVIDING FOR FEES THEREFORE, REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
WHEREAS, prior to October 1, 1993, the City of Blair owned
and operated a municipal landfill which accepted solid waste as
defined in Section 13 -204 R.R.S. Neb. as adopted by reference
from Section 81 -1502 (26) R.R.S. Neb.; and,
WHEREAS, said landfill was closed on September 30, 1993, and
must be closed in compliance with the Integrated Solid Waste
Management Act of Nebraska and all rules and regulations promul-
gated by federal and state statutes and regulations including but
not limited to the Department of Environmental Quality and the
Environmental Protection Agency; and,
WHEREAS, there are substantial costs to comply with said
closure regulations; and,
WHEREAS, the City of Blair intends to operate a construction
debris landfill and /or tree limb disposal location.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA:
SECTION 1. Section 3 -701 of the Municipal Code is hereby
amended to read as follows:
Sec. 3-701 MUNICIPAL LANDFILL: OPERATION AND FUNDING. The munic-
ipality has owned and operated a Municipal Landfill which accept-
ed solid waste as defined in Section 13 -204 R.R.S. Neb. as adopt-
ed by reference from Section 81 -1502 (26) R.R.S. Neb. and accord-
ing to state and federal mandates was closed by the municipality
on September 30, 1993. To defray the cost of closure, the care,
management, and maintenance of said closed municipal landfill,
there is hereby created and established a fee of $1.00 per month
per living unit or commercial business unit. Said fee shall be
billed monthly and shall be added to the monthly bill of all
customers of the municipal water works or sanitary sewer system.
Said fee shall automatically terminate at such time as the clo-
sure costs of the municipal solid waste landfill have been fully
defrayed utilizing reserves on hand for such purpose as of the
date of this ordinance and the fee established hereby.
The municipality may own and operate a municipal construction
debris landfill or tree limb disposal location. The governing
body, for the purpose of defraying the cost of the care, manage-
ment, and maintenance of said construction debris landfill or
tree limb disposal location may levy a tax pursuant to state law
and the actual valuation of all real estate and personal property
within the corporate limits that is subject to taxation. The
City Administrator through his or her appointed agents shall have
the direct management and control of the Municipal Landfill and
shall faithfully carry out the duties of his or her position.
The City Council shall have the authority to adopt rules and
regulations for the efficient management of the Landfill. The
Governing Body shall set the rates to be charged for services at
any municipal construction debris landfill or tree limb disposal
location by resolution, which such rates shall be appended to the
Municipal Code in the appendix entitled "Permit, License, and
Application Fees." (Ref. 19 -2101 thru 19 -2106 RS Neb.)
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 publication hereof as required by
law.
ATTEST:
Passed and approved this 9th
C e Pr �p�r -Q ,peA ef, n.�l rte
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL)
day of November, 1993.
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 9th
day of November, 1993.
r ib)/ At .4.-44.
ALICE I. DIEDRICHSEN, CITY CLERK
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 1637 OF THE CITY
OF BLAIR, NEBRASKA, SUCH AMENDMENT SPECIFYING THE TERM OF THE
CORPORATE EXISTENCE OF THE AIRPORT AUTHORITY OF THE CITY OF BLAIR
TO BE A PERIOD OF 20 YEARS SUBJECT TO CERTAIN EXCEPTIONS 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:
read as follows:
SECTION 2. Section 3 of Ordinance 1637 and all other ordi-
nances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. This ordinance shall be in full force and effect
from and following the passage and publication hereof as required
by law.
PASSED AND APPROVED this 9t day of November , 1993.
ATTEST:
SECTION 1. Section 3 of Ordinance 1637 is hereby amended to
SECTION 3. The Airport Authorities Board and Airport
Authority of the City of Blair, Nebraska, and its
corporate existence shall continue only for a period of
twenty (20) years from the date of the appointment of
the members thereof, and thereafter until all its li-
abilities have been met and its bonds have been paid in
full or such liabilities and bonds have otherwise been
discharged. When all liabilities incurred by the Au-
thority of every kind and character have been met and
all its bonds have been paid in full or such liabilities
and bonds have otherwise been discharged, all rights and
properties of the authority shall pass to and be vested
in the City of Blair.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1671
JE;J E JENNY,
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 Resolution was passed
and adopted at a regular meeting of the Mayor and City Council of
said City held on the 9th day of November, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 167
AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS THE NORTH 33.0
FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
14, 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 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 described as the North
33.0 feet the Southeast Quarter of the Southwest Quarter of
Section 14, 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 the North 33.0 feet the Southeast Quarter of
the Southwest Quarter of Section 14, Township 18 North, Range 11
East of the 6th P.M., Washington County, Nebraska, to RL - Resi-
dential Low Density District.
SECTION 4. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect
from and after its passage, approval and publication as provided
by law.
ATTEST:
ALICE I. DIEDRICHSEN, CITY CLERK
(SEAL) ,
STATE' OF NEBRASKA
WASHINGTON COUNTY
PASSED AND APPROVED this 24th day of November, 1993.
)
)ss
CITY OF BLAIR, NEBRASKA
24 thday of November, 1993.
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
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1673
AN ORDINANCE CREATING AND ESTABLISHING SECTION 1005 OF THE ZONING
REGULATIONS OF THE CITY OF BLAIR CREATING THE SMC - SPECIAL
MEDICAL COMPLEX DISTRICT, TO BE APPENDED TO A PRINCIPAL DISTRICT
ALLOWING HOSPITALS AND MEDICAL, DENTAL, AND HEALTH CLINICS,
ESTABLISHING SPECIFIC TERMS AND CONDITIONS THEREFOR, SET BACK
REQUIREMENTS, SCREENING AND LIGHTING REQUIREMENTS, AND MINIMUM
SQUARE FOOTAGE FOR PARTICULAR USES; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
SECTION 1. Section 1005 of the Zoning Regulations of the
City of Blair, Nebraska, is hereby created to read as follows:
1005.01 INTENT: This zoning district is to be appended to
another primary district in which hospitals or medical, dental,
or health clinics are a use permitted by exception to provide for
the placement and location of hospitals, medical, dental, or
health clinics, to allow such entities the option of expansion
with certain limitations.
1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE: Any principal
uses permitted in the zoning district to which the SMC - Special
Medical Complex District classification is appended shall contin-
ue. In addition, a hospital or medical, dental, or health clinic
shall be a permitted principal use.
1005.03 EXCEPTIONS: Any conditional use permitted in the prim-
ary zoning district to which the SCM - Special Medical Complex
district is appended.
1005.04 MINIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and
lot area requirements in the primary zoning district to which the
SMC - Special Medical Complex district is appended shall apply to
a hospital or medical, dental, or health clinic. The additional
following minimum lot and height requirements shall apply to a
hospital or medical, dental, or health clinic. The minimum lot
area for a parking lot for hospital or medical, dental, or health
clinic purposes shall be 15,000 contiguous square feet. The
minimum lot area for hospital or medical, dental, or health
clinics shall be 40,000 contiguous square feet.
1005.05 MAXIMUM HEIGHT: Maximum height shall be fifty -five feet
for any hospital or medical, dental, or health clinic.
1005.06 SIDE AND REAR YARD REQUIREMENTS:
(1) Side and rear yard requirements for hospital or medical,
dental, or health clinics shall be equal in footage to the height
of the structure.
(2) From parking to any side or rear lot line the minimum set
back requirement shall be seven feet except no set back require-
ment shall apply to a lot line abutting a dedicated alley.
1005.07 FRONT SET BACK REQUIREMENTS: The front yard set back
requirement shall be the same as the primary zoning district to
which the SMC - Special Medical Complex district is appended.
1005.08 MAXIMUM LOT COVERAGE: There shall be no maximum lot
coverage requirements.
1005.09 OTHER APPLICABLE PROVISIONS:
(1) Where a hospital or medical, dental, or health clinic
adjoins or is located across an alley, any lot or parcel upon
which a residential structure is located, a solid wall or fence,
vine covered open fence, or compact evergreen hedge six feet in
height shall be located on the property line common to such
residential structure except in the front yard. Said screening
requirement shall not be required if there preexists on the
adjacent residential property screening which complies with the
requirements of this section. Such screening requirement shall
also not be required where the wall of any building is not
greater than five (5) feet from the set back requirement within
the primary district to which this SMC - Special Medical Complex
district is appended, and there are no windows or other openings
except for doors for emergency purposes only
(2) Any illumination or lighting for hospital or medical, den-
tal, or health clinics shall be directionalized so as prohibit
lighting of any adjacent residential structure.
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.
PASSED AND APPROVED this 14 th day of December, 1993.
ATTEST:
1 40 , lr `(P.21�O� J, 4
ALICE I . DIEDRICHSEN, CITY CLERK
(SgAL)
E JENNY , 4 _ /
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
ALICE I. DIEDRICHSEN, hereby certifies that she is the d
appointed, qualified and acting City Clerk of the City of B1a
Nebraska, and that the above and foregoing Ordinance was pas:
and approved at a regular meeting of the Mayor and City Coun
of said City held on the 14th day of December, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK
ORDINANCE NO. 1674
AN ORDINANCE PROVIDING FOR THE SALE OF VARIOUS PARCELS OF REAL
ESTATE KNOWN AS TAX LOT 69 IN SECTION 2, TOWNSHIP 18 NORTH, RANGE
11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, AND AS MORE
PARTICULARLY DESCRIBED HEREIN, 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 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 352.76 feet to a
point on the westerly projection of the south line of Lot 31 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 80.06 feet to a point on
the westerly projection of the north line of said Lot 31; thence
S 88 degrees 43'11" E along said westerly projected north line a
distance of 14.82 feet to the northwest corner of said Lot 31;
thence S 00 degrees 32'36" W along the west line of said Lot 31 a
distance of 80.05' to the southwest corner of said Lot 31; thence
N 88 degrees 43'11" W along the westerly projection of the south
line of said Lot 31 a distance of 14.06 feet to the Point of
Beginning; and containing 0.03 Acres, more or less (1156 Sq.
Ft.), is hereby sold and should be conveyed by the City of Blair,
Nebraska, to Robert E. Read and Virginia H. Read. The consid-
eration to be paid for such real estate is the sum of $150.00
payable in cash upon execution of the agreement referenced to
hereinafter. The conveyance shall be pursuant to the terms and
conditions of the Agreement attached hereto marked Exhibit "A ".
SECTION 2. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 882.90 feet to a
point on the westerly projection of the south line of Lot 25 in I
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 80.00 feet to a point on
the westerly projection of the north line of said Lot 25; thence
S 88 degrees 34'08" E along said westerly projected north line a
distance of 19.84 feet to the northwest corner of said Lot 25;
thence S 00 degrees 32'36" W along the west line of said Lot 25 a
distance of 80.01' to the southwest corner of said Lot 25; thence
N 88 degrees 29'34" W along the westerly projection of the south
line of said Lot 25 a distance of 19.09 feet to the Point of
Beginning; and containing 0.04 Acres, more or less (1557 Sq. Ft.)
is hereby sold and should be conveyed by the City of Blair to
George Hall and Roxane Hall. The consideration to be paid for 1
such real estate is the sum of $150.00 payable in cash upon
execution of the agreement referenced to hereinafter. The con-
veyance shall be pursuant to the terms and conditions of the
Agreement attached hereto marked Exhibit "B."
SECTION 3. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 272.73 feet to a
point on the westerly projection of the south line of Lot 32, in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 80.03 feet to a'point on
the westerly projection of the north line of said Lot 32; thence
S 88 degrees 43'11" E along said westerly projected north line a
distance of 14.06 feet to the northwest corner of said Lot 32;
thence S 00 degrees 32'36" W along the west line of said Lot 32 a
distance of 80.02' to the southwest corner of said Lot 32; thence
N 88 degrees 43'11" W along the westerly projection of the south
line of said Lot 32 a distance of 13.30 feet to the Point of
Beginning; and containing 0.03 Acres, more or less (1095 Sq. Ft.)
is hereby sold and should be conveyed by the City of Blair,
Nebraska, to Russell W. Cowley and Peggy T. Cowley. The consid-
eration to be paid for such real estate is the sum of $150.00
payable in cash upon execution of the agreement referenced to
hereinafter. The conveyance shall be pursuant to the terms and
conditions of the Agreement attached hereto marked Exhibit "C."
SECTION 4. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 192.83 feet to a
point on the westerly projection of the south line of Lot 33 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 79.91 feet to a point on
the westerly projection of the north line of said Lot 33; thence
S 88 degrees 43'11" E along said westerly y projected north line a ;f
distance of 13.30 feet to the northwest corner of said Lot 33;
thence S 00 degrees 32'36" W along the west line of said Lot 33 a
distance of 79.90' to the southwest corner of said Lot 33; thence
N 88 degrees 43'11" W along the westerly projection of the south
line of said Lot 33 a distance of 12.54 feet to the Point of
Beginning; and containing 0.02 Acres, more or less (1032 Sq. Ft.)
is hereby sold and conveyed by the City of Blair, Nebraska, to
Steve Gorsett and Amy Gorsett. The consideration to be paid for
such real estate is the sum of $150.00 payable in cash upon
execution of the agreement referenced to hereinafter. The con-
veyance shall be pursuant to the terms and conditions of the
Agreement attached hereto marked Exhibit "D."
SECTION 5. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 512.85 feet to a
point on the westerly projection of the south line of Lot 29 in
"66 HEIGHTS, an addition to the City of Blair, lying in the SE1 /4
SE1 /4 of aid Section 2, said Point being the Point Of Beginning;
thence continuing N 00 degrees 00'00" E along the west line of
said SE1 /4 SE1 /4 a distance of 80.00 feet to a point on the
westerly projection of the north line of said Lot 29; thence S 88
degrees 44'35" E along said westerly projected north line a
distance of 16.33 feet to the northwest corner of said Lot 29;
thence S 00 degrees 32'36" W along the west line of said Lot 29 a
distance of 79.99' to the southwest corner of said Lot 29; thence
N 88 degrees 43'11" W along the westerly projection of the south
line of said Lot 29 a distance of 15.58 feet to the Point of '
Beginning; and containing 0.03 Acres, more or less (1276 Sq. Ft.)
is hereby sold and conveyed by the City of Blair, Nebraska, to
Norma Juul. The consideration to be paid for such real estate is
the sum of $150.00 payable in cash upon execution of the agree-
ment referenced to hereinafter. The conveyance shall be pursuant
to the terms and conditions of the Agreement attached hereto
marked Exhibit "E."
SECTION 6. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 752.85 feet to a
point on the westerly projection of the south line of Lot 26 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 80.05 feet to a point on
the westerly projection of the north line of said Lot 26; thence
S 88 degrees 33'52" E along said westerly projected north line a
distance of 18.61 feet to the northwest corner of said Lot 26;
thence S 00 degrees 32'36" W along the west line of said Lot 26 a
distance of 79.97' to the southwest corner of said Lot 26; thence
N 88 degrees 47'22" W along the westerly projection of the south
line of said Lot 26 a distance of 17.85 feet to the Point of
Beginning; and containing 0.03 Acres, more or less (1458 Sq. Ft.)
Part of Tax Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Town-
ship 18 North, Range 11 East of the 6th Principal Meridian,
Washington County, Nebraska, and more particularly described as
follows: From the southwest corner of the SE1 /4 SE1 /4 of said
Section 2, T 18 N, R 11 E; thence N 00 degrees 00'00" E (assumed
bearing) along the west line of said SE1 /4 SE1 /4 a distance of
672.86 feet to a point on the westerly projection of the south
line of Lot 27 in "66 HEIGHTS," an addition to the City of Blair,
lying in the SE1 /4 SE1 /4 of said Section 2, said Point being the
Point Of Beginning; thence continuing N 00 degrees 00'00" E along ,
the west line of said SE1 /4 SE1 /4 a distance of 79.99 feet to a
point on the westerly projection of the north line of said Lot
27; thence S 88 degrees 47'22" E along said westerly projected
north line a distance of 17.85 feet to the northwest corner of
said Lot 27; thence S 00 degrees 32'36" W along the west line of
said Lot 27 a distance of 79.98' to the southwest corner of said
Lot 27; thence N 88 degrees 45'58" W along the westerly projec-
tion of the south line of said Lot 27 a distance of 17.09 feet to
the Point of Beginning; and containing 0.03 Acres, more or less
(1397 Sq. Ft.)
Part of Tax Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Town-
ship 18 North, Range 11 East of the 6th Principal Meridian,
Washington County, Nebraska, and more
g Y. particularly described as
follows: From the southwest corner of the SE1 /4 SE1 /4 of said
Section 2, T 18 N, R 11 E; thence N 00 degrees 00'0.0" E (assumed
bearing) along the west line of said SE1 /4 SE1 /4 a distance of
592.85 feet to a point on the westerly projection of the south
line of Lot 28 in "66 HEIGHTS," an addition to the City of Blair,
lying in the SE1 /4 SE1 /4 of said Section 2, said Point being the
Point Of Beginning; thence continuing N 00 degrees 00'00" E along
the west line of said SE1 /4 SE1 /4 a distance of 80.01 feet to a
point on the westerly projection of the north line of said Lot
28; thence S 88 degrees 45'58" E along said westerly projected
north line a distance of 17.09 feet to the northwest corner of
said Lot 28; thence S 00 degrees 32'36" W along the west line of
said Lot 28 a distance of 80.00' to the southwest corner of said
Lot 28; thence N 88 degrees 44'35" W along the westerly projec-
tion of the south line of said Lot 28 a distance of 16.33 feet to
the Point of Beginning; and containing 0.03 Acres, more or less
(1337 Sq. Ft.) is hereby sold and conveyed by the City of Blair,
Nebraska, to Pearl Kundel. The consideration to be paid for such
real estate is the sum of $150.00 payable in cash upon execution J
of the agreement referenced to hereinafter. The conveyance shall
be pursuant to the terms and conditions of the Agreement attached
hereto marked Exhibit "F."
SECTION 7. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 962.90 feet to a
point on the westerly projection of the south line of Lot 24 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of, said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 79.59 feet to a point on
the westerly projection of the north line of said Lot 24; thence
S 89 degrees 43'07" E along said westerly projected north line a
distance of 20.60 feet to the northwest corner of said Lot 24;
thence S 00 degrees 32'36" W along the west line of said Lot 24 a
distance of 79.99' to the southwest corner of said Lot 24; thence
N 88 degrees 34'08" W along the westerly projection of the south
line of said Lot 24 a distance of 19.84 feet to the Point of
Beginning; and containing 0.04. Acres, more or less (1613 Sq. Ft.)
is hereby sold and conveyed by the City of Blair, Nebraska, to
Richard Ronning and Laura Ronning. The consideration to be paid
for such real estate is the sum of $150.00 payable in cash upon
execution of the agreement referenced to hereinafter. The con-
veyance shall be pursuant to the terms and conditions of the
Agreement attached hereto marked Exhibit "G."
SECTION 8. That the real estate
described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
fi
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E
g (assumed bearing) along the
point on the westerly projection of the south line of Lot 23 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 79.98 feet to a point on
the westerly projection of the north line of said Lot 23; thence
S 89 degrees 43'07" E along said westerly projected north line a
distance of 21.36 feet to the northwest corner of said Lot 23;
west line of said SE1 /4 SE1 /4 a distance of 1042.49 feet to a
thence S 00 degrees 32'36" W along the west line of. said Lot 23 a
distance of 79.98' to the southwest corner of said Lot 23; thence
N 89 degrees 43'07" W along the westerly projection of the south
line of said Lot 23 a distance of 20.60 feet to the Point of
Beginning; and containing 0.04 Acres, more or less (1678 Sq. Ft.)
is hereby sold and conveyed by the City of Blair, Nebraska, to
Jeff Richards. The consideration to be paid for such real estate
is the sum of $150.00 payable in cash upon execution of the
agreement referenced to hereinafter. The conveyance shall be
pursuant to the terms and conditions of the Agreement attached
hereto marked Exhibit "H."
SECTION 8. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 432.82 feet to a
point on the westerly projection of the
"66 HEIGHTS ",
an addition to the City
south line of Lot 30 in
of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00'00" E along the west
line of said SE1 /4 SE1 /4 a distance of 80.03 feet to a point on
the westerly projection of the north line of said Lot 30; thence
S 88 degrees 43'11" E along said westerly projected north line a
distance of 15.58 feet to the northwest corner of said Lot 30;
thence S 00 degrees 32'36" W along the west line of said Lot 30 a
distance of 80.02 feet to the southwest corner of said Lot 30;
thence N 88 degrees 43'11" W along the westerly projection of the
south line of said Lot 30 a distance of 14.82 feet to the Point
of Beginning; and containing 0.03 Acres, more or less (1216 Sq.
Ft.) is hereby sold and should be conveyed by the City of Blair,
Nebraska, to Lola Rahlfs. The consideration to be paid for such
real estate is the sum of $150.00 payable in cash upon execution
of the agreement referenced to hereinafter. The conveyance shall
be pursuant to the terms and conditions of the Agreement attached
hereto marked Exhibit "I."
SECTION 10. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 112.91 feet to a
point on the westerly projection of the south line of Lot 34 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
SE1 /4 SE1 /4 of said Section 2, said Point being the Point Of
Beginning; thence continuing N 00 degrees 00 °00" E along the west
line of said SE1 /4 SE1 /4 a distance of 79.91 feet to a point on
the westerly projection of the north line of said Lot 34; thence
S 88 degrees 43'11" E along said westerly projected north line a
distance of 12.54 feet to the northwest corner of said Lot 34;
thence S 00 degrees 32'36" W along the west line of said Lot 34 a
distance of 79.90' to the southwest corner of said Lot 34; thence
N 88 degrees 43'11" W along the westerly projection of the south
line of said Lot 34 a distance of 11.78 feet to the Point of
Beginning; and containing 0.02 Acres, more or less (972 Sq. Ft.)
is hereby sold and conveyed to Robert Schmoli and Judy Schmoll.
The consideration to be paid for such real estate is the sum of
$150.00 payable in cash upon execution of the agreement refer-
enced to hereinafter. The conveyance shall be pursuant to the
terms and conditions of the Agreement attached hereto marked
Exhibit "J."
SECTION 11. That the real estate described as Part of Tax
Lot 69 lying in the SE1 /4 SE1 /4 of Section 2, Township 18 North,
Range 11 East of the 6th Principal Meridian, Washington County,
Nebraska, and more particularly described as follows: From the
southwest corner of the SE1 /4 SE1 /4 of said Section 2, T 18 N, R
11 E; thence N 00 degrees 00'00" E (assumed bearing) along the
west line of said SE1 /4 SE1 /4 a distance of 1122.47 feet to a
point on the westerly projection of the south line of Lot 22 in
"66 HEIGHTS," an addition to the City of Blair, lying in the
5E1/4 SE1 /4 of said Section, said Point being the Point Of Begin-
ning; thence continuing N 00 degrees 00'00" E along the west line
of said SE1 /4 SE1 /4 a distance of 113.42 feet to the southwest
corner of Tax Lot 68 in said Section 2; thence N 59 degrees
25'15" E along the south line of said Tax Lot 68 a distance of
26.20 feet to the northwest corner of said Lot 22; thence S 00
degrees 32'36" W along the west line of said Lot 22 a distance of
126.86 feet to the southwest corner of said Lot 22; thence N 89
degrees 43'07" W along the westerly projection of the south line
of said Lot 22 a distance of 21.36 feet to the the Point of Begin-
ning; and containing 0.06 Acres, more or less (2634 Sq. Ft.) is
hereby sold and conveyed to Robert Williams and Carol Williams.
The consideration to be paid for such real estate is the sum of
$150.00 payable in cash upon execution of the agreement refer-
enced to hereinafter. The conveyance shall be pursuant to the
terms and conditions of the Agreement attached hereto marked
Exhibit "K."
SECTION 12. That the Mayor and City Clerk of the City of
Blair, Nebraska, are hereby authorized and directed to execute
any and all necessary documents to effectuate such conveyances.
SECTION 13. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
ATTEST:
ti
SECTION 14. This ordinance shall be in full force and
effect from and following the passage and publication hereof
pamphlet form as required by law.
PASSED AND APPROVED THIS 14th
ALICE ' I . DIEDRICMSEN, CITY CLERK
(SEAL)
day of December, 1993.
in
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 December, 1993.
ALICE I. DIEDRICHSEN, CITY CLERK