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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 That Section 10 -118 of the Municipal Code which reads as follows is hereby repealed.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 All ordinances or parts of ordinances in con- flict herewith are hereby repealed.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