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1995
ORDINANCE NO. 1732 AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 19 OF THE MUNICIPAL CODE CF 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 Present Chapter 10 Article 19 of the Municipal Code of the City of Blair, Nebraska, is hereby repealed and in its place is hereby substituted and enacted the provisions which shall be as follows: Sec. 10 -1901.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. 10 -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 headend 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. 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, 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 servic- es, MCS operations, and MCS- related activities within the City, including but not limited to sale of MCS or MCS equipment, adver- tising 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 (includ- ing those with volume control), rental or sale of a/b or input switches, rental or sale of channel lock -out devices or technolo- gy, rental or sale of interactive games or software, rental or sale of digital radio equipment, sale of satellite antenna dish- es, sale of satellite antenna - received programming for a program- mer or distributor of services, or from revenues received as the billing agent, collector,, or retailer of satellite antenna -re- ceived service. However, "annual gross revenues" does not mean: a. any taxes imposed and /or assessed by law on subscribers (including 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, or b. proceeds of the sale of substantially all of the entire cable system within the City. 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, 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 the transfer, sale, or any other form of assignment of a cable opera- tor's franchise, to include any transaction or action which effectively changes ownership from one person or entity to anoth- er to include the transfer of 50% or more of the current owner- ship interest of the franchised MCS provider. 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 /or PEG channels required to be carried pursuant to applicable law, regulations, or a franchise. 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; b. subscriber interaction, if any, which is required for the selection of such video programming service; and c. provided, this definition not be construed to prohibit any other lawful service that may be provided by an MCS provider under this ordinance. 13. "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. 14. "Cable Communications Act" or "Cable Act" means 47 U.S.0 Section 541 et seq. or corresponding legislation in any future federal communications legislation. 15. "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. II 11 iiiDI 11 tll II III 141 iJillll nlli II :111111 u u 16. "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. 17. "City" means the City of Blair, Nebraska, or its lawful suc- cessor. 18. "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. 19. "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. 20. "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. 21. "Council" means the City Council for the City of Blair, Nebraska. 22. "Customer" means a subscriber or user of the services and /or facilities of the multi - channel system provided by an MCS provid- er. 23. "DBS" means direct broadcasting satellite. 24. "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. 25. "Decoder" or "Descrambler" means a device which enables a subscriber to convert a scrambled signal into a viewable or otherwise usable signal. 26. "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. 27. "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. 28. "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. 29. "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. 30. "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. 31. "Franchise" renewal granted struct, operate, part of the City. means the initial authorization or subsequent by the Council in order for a person to con - and maintain a franchised MCS system in all or 32. "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." 33. "Franchise expiration" means the date of expiration, or the end of the term of a franchised MCS provider as provided under .a franchise agreement. 34. "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. 35. "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. 36. "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. 37. "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. 38. "MCS" means multi- channel service. 39. "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." 40. "MDS" means multi -point distribution system. 41. "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. 42. "Multi- channel programming service" or "Multi- channel serv- ice" means: a. the one -way transmission to subscribers of video program- ming or other programming service; b. subscriber interaction, if any, which is required for the selection of such video programming or other programming service; and c. provided, this definition shall not be construed to prohibit any other lawful service that may be provided by an MCS provider under this ordinance. 43. "Other programming service" means information that an MCS provider (specifically including a cable operator) makes avail- able to all subscribers generally. 44. "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. 45. "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. 46. "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. 47. "Public, educational, or governmental access facilities" means: a. Channel capacity designated exclusively educational, or governmental use; and b. facilities and equipment for the use of capacity. 48. "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. 49. "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. 50. "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. 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. for public, such channel 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 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- 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 Council, including the Mayor, the City Administrator, a City Cable Advisory Commit- tee, or an outside consultant. B. The Council 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 t.- 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 for relief under Sec. 10 -1908 (B)(3). 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 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 shall be subject to and now or hereafter adopted this ordinance, to the received an exemption or provider, its assignee, or transferee expected to comply with all ordinances and in effect with the City, including extent that said MCS provider has not 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 nothing contained herein prevents an MCS any and all of its administrative and constitutionality, applicability, and future ordinances. noted in this section, provider from exercising legal rights as to the enforceability of said 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 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 at such times as applicable laws or regulations restrict or expand the authority of the City to regulate a franchised MCS provider; 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. 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 and property damage: $1,000,000.00 per event /per occurrence; 2. Umbrella liability: $2,000,000.00 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. D. 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. E. Renewal or replacement policies or certificates shall be delivered to the Council at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. F. 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. L I AI I I i, II Sec. 10 -1918. PERFORMANCE AND CONSTRUCTION /COMPLETION BOND. A. An MCS provider which is granted an original franchise 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 guarantee that should the MCS provider not fulfill any obligations imposed by this ordinance (or where applicable a franchise agreement), 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 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 fair and reasonable reasons, the Council, to protect the public interest and welfare, 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. L u i 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. No credit or rebate shall be required where the outage was due to matters beyond the direct control of the MCS provider. B. Where not expressly prohibited by federal or state law, the Council may prescribe rules for giving credit to a subscriber in cases of substandard signal or picture quality pursuant to FCC technical standards. 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. Unless required or mandated by FCC rules or regulations or unless approved by the City where legitimate need is shown by the MCS provider, an MCS provider may not switch any particular multi - channel service from one (1) service tier more than once during any three hundred sixty -five (365) day period. B. Nothing contained in this Section should be construed as mandating any particular programming service being provided to a subscriber. Nor should this Section be construed as requiring any particular programming service be provided on a particular tier. Rather, this Section is designed to promote tier stabili- ty, so that a subscriber may choose a tier that best suits the subscriber's individual programming 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 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 tenth day 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) 4. A comprehensive listing and explanation of all rates and charges (including rates for standard or basic and premium channels /services, particular service tiers, 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 or personal delivery. plies incomplete information which materially misrepresents the provided information which requires independent verification by the City or a consultant hired by the City, then the MCS provider shall reimburse the City for all costs associated with the inde- pendent verification. 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 offered; 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 by the subscriber; 3. Pursuant to FCC regulations, a subscriber's ability of purchasing or using an A/B or input selector switch; Sec. 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. Non- revenue financial records will only be requested in the aggregate on a summary prepared by the cable operator. The City acknowledges the sensitivity of these records and will request this information only on as needed basis and will treat this information as confidential and proprietary to the fullest extent allowed by law. 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 by,more than two percent (2 %) annually 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. Errone- ous entries shall not constitute a material violation if made in good faith. E. An MCS provider at the local office shall keep complete and accurate books and records of the technical 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 make available, at it local office upon seven (7) days request, any other applicable financial records and information that may be required by any other Federal or State agency having jurisdiction over MCS providers. Sec. 10 -1922. ANNUAL COMPLIANCE STATEMENT REQUIRED. A. Prior to December 31 of each calendar year each non - exempt MCS provider shall return to the Council a completed and executed (by owner or officer) compliance statement in a form provided by the City. B. There shall be no charge or fee associated with returning the annual compliance statement. However, if the MCS provider sup- 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 rasult, the Council requires that the operator maintain and retain all records and reports for a period not exceeding five (5) years 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 -com- pliance. 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 raquired 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. 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. E. 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 the first ninety (90) minutes of the next business day 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. 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 cost which reasonably reflects the cost thereof to the MCS provider a special closed - captioned con- verter for the hearing impaired; 4. Provide at a nondiscriminatory 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 !lave physical impairments; and 6. In times of a disaster emergency or othar 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- 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 thi 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 for "lower income" and /or fixed income 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- 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 (1 %)) 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 MC: 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 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 complai t; 4. Whether the service request, inquiry, or omplaint was resolved by allowing a credit or refund of some ort; and 5. The area, location, or quadrant of the Ci y where the service request, inquiry, or requested was gener ted. D. In addition to any other right of inspection tha_ 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. Sec. 10 -1933. RESTORATION OF PROPERTY. E. This Section does not require MCS providers to maintain service inquiry logs on scheduled installations. 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. This section shall not apply in the event the property owner gave specific instructions which resulted in said costs or damages. C. The types of acts specifically included in this Section are the following: I . I I ligigui I dIIII II 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 an N 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 o personal property or a fixture (such as a motor vehicle, ence, air conditioning or heating unit, or the like) in ord r to per- form some sort of construction, maintenance, or re air on the multi - channel system; or 4. 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 G 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 ca::iceled or rearranged, then the MCS provider shall make every affort 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 provi4er 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 with three (3) visits, and if as a result of the insufficient repai 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 unless the MCS provider affirmatively demonstrates the problem could not be caused by the drop cable. 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 notif is tion of the service inquiry or request. Moreover, except in eme gency situa- tions, all requests and inquiries shall be handled or corrected within thirty -six (36) hours from the time the MCS p ovider first received notification. If a cancellation of a ervice 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 or tier will be responded to and corrected 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. 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 Ccuncil 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 I MI I I I IIIM3lll l■ III llil:. 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 thirty (30) minutes of a service call during normal business hours. Sec. 10 -1936. DISCONNECTION FOR NON - PAYMENT. A. A subscriber shall not be considered delinquent in payment until the tenth (10th) of the month in which the bill is due 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 2. At least seven (7) days have elapsed after th MCS pro- vider has mailed the written notice of impending isconnec- tion if the mailing is made in the City. If maili g is made outside the City, the mailing shall be made at least ten (10) days in advance. 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 aud_o 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. F. Receipt of a "bad check" from a subscriber in response to a written notice of disconnection does not constitute payment, and the affected MCS provider need not give the subscriber further notice prior to disconnecting service. Sec. 10 -1937. VOLUNTARY DISCONNECTIONS AND DOWNGRADES. A. At any time a subscriber may request that a particular serv- ice tier, pay channel, premium channel, informational service, or the entire multi - channel service be disconnected. 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. D. Disconnections or down grades shall be effective as of the immediately following semi - monthly period following the date of the request as long as the request is made at least three (3) service days prior to the end of the immediately following semi- monthly period. Each month shall have two semi - monthly periods, one of which ends on the 15th of the month and the other of which ends on the last day of the month. 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 or an optional service tier unless ..mandated by the FCC rules or regulations. However, to prevent subscriber abuse of this voluntary disconnection, or downgrade policy, a subscrib- er shall be charged a minimum one (1) months full rate for any one service tier 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 t1e subscriber within ten (10) days of the disconnection. A sub criber shall not be required to pay for equipment failure if the circumstances fall within the normal wear and tear guidelines eEtablished 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 be 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 MCS 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 shell 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: 1. The initial response to a complaint /inquiry s occur no later than the end of the next business day after receipt of the complaint /inquiry; 2. Reasonable attempt will be made to reEolve 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. 3. To provide for continuity of service in the event of revocation, termination, or non- renewal of a franchised MCS franchise; 4. To provide for continuity of service in the event that a ,_:r transaction occurs that affects the ownership cr control of the MCS provider, such as an assignment, sale, transfer, or merger; 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; 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 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 uX 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 M :S 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 the MCS provider conduct a survey of current subscribers of that particular MCS provider in order to ascertain the degree of customer satisfaction /dissatisfaction with the subscriber sensitive aspects of the multi- channel system including (but not limited to) billing practices, response times, programming choic- es available and receivable, responsiveness to inqu_ries, 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 CONSTRUCTICN 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 inthis 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 technical codes adopted by the City, or the State, -T., 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 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 wi h property, then at its own expense such MCS provider shall vol tarily, 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 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 the 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 surplu., 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 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 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 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. 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; 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 fifteen (15) homes or building passings per mile from the existing trunk cable. 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 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 warninsrand 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 six (6) months of written notice from the City) a signal or safety alert monitoring technology for purposes of alerting both sub- scribers and non - subscribers of a multi- channel system to impend- ing or occurring disaster emergencies and allowing 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 as may be agreed by the MCS provider and the City. 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 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 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. 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. J. 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. 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 (45) 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. Requiring the periodic servicing, testing, and calibra- tion of the MCS provider's equipment including equipment on service vehicles and field test equipment; 6. Employing a status monitoring system to identify problems or situations in which the multi- channel electronics are operating outside pre - programmed- parameters; 7. Testing of the emergency alert system to ensure that it will function properly during an emergency situation; 8. 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 unfranchised but otherwise authorized MCS provider and to any MCS provider who has had its franchise ruled unconstitutional , unenforceable, or invalid. For all franchised MCS providers the provisions concerning franchise fees shall be applicable. B.. Where not specifically prohibited by Federal or State law and as an alternative to the imposition of a franchise fee as set forth in this ordinance, the Council may impose, extract, and collect a charge from an affected MCS provider for the use by such provider of the streets, rights-of-way, easements, and public ways of the City. shall be based on the following C. The alternative user charge mathematical mode: 1. Determine the present value of all public streets, rights -of -way, easements, and public ways of the City in which are located multi - channel system facilities and equip- ment of the affected MCS provider; 2. Take the average percentage increase in land appraisals within the City (as determined by the Washington County Assessor for the City, for the five preceding years); 3. Take the average percentage increase for the five preced- ing years and use it to determine the dollar amount of prop -. erty value increase for the remaining term of the franchise (if no franchise applicable then use five years); 4. Add the present value to the dollar amount of property value increase for the remaining term of the franchise (if no, . franchise applicable then use 5 years); 5. Divide the adjusted value by the remaining number of years on the term of the franchise (if no franchise applica- ble then use 5 years); 6. Multiply that figure by five percent (5 %) to arrive at the annual user charge that is to be collected from the affected MCS provider. For purposes of illustration only, the formula reads as follows: present value = the dollar amount of the property value increase for remaining term of the franchise (based on aver- age percentage increase of land appraisals for past years of franchise term; divide the adjusted present value by the remaining years on the term of the franchise; 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. F. An affected MCS provider 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. G. An affected MCS provider shall pay twenty -five percent (25%) of the alternative user charge at the end of every three (3) months. Sec. 10 -1956. FRANCHISE REQUIRED; EXCEPTION. A. Except as provided in subsections B, C, and D of this Sec- tion, no person or MCS provider shall be permitted to construct, operate, or maintain a multi- channel system which requires the laying or positioning of cable (coaxial, fiber, or functional equivalent) across the rights -of -ways of the City without having first obtained a franchise and then entering into a franchise agreement with the City. B. Pursuant to the Cable Communications Act, a local government may own and operate a multi - channel system classified as a cable system. Consequently, should the Council directly or indirectly, through any legal.means available to the Council, decide to purchase, acquire, construct, lease, control, or otherwise own a cable system within the territorial limits of the City, then the Council shall not be required to submit a proposal for or receive a franchise in order to construct, operate, and maintain a cable system within the geographical limits of the City. 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 equired 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 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 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. B. If an initial franchise or renewal franchise is for a period of six (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; 3. A continuing and documented pattern of substandard or non - responsive service; 4. Reckless disregard for citizens of the City; 5. Failure to comply with upgrade schedule; and the safety and welfare of the any construction, rebuild, or 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. 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. 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 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 IT 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. Unless prohibited by federal law, 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 assessments presently in effect or subsequently adopted. K. A franchise fee does not include any items excluded by Sec- tion 47 USC 542 (g) (A -D). 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); 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- 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 bnumerated 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 the surety on the performance bond. mailed to notice is conduct a E. Within seventy -five (75) days after such written mailed to a franchised MCS provider the Council shall 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 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 elimiinate 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 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 Act. B. The specific provisions of the Cable Act 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; 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 Cable Communications Act 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 advancement 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 techn- ically modern equipment. All programming services which may be received with stereo signals shall be provided to all subscribers with the stereo signal unless otherwise specified or agreed by the Council. 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 three (3) years 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 the operator or subscriber) of 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 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. A. Unless preempted by the FCC, 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. 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. Sec. 10 -1968. THE COUNCIL'S OBJECTIVE WITH RESPECT TO THE PROVI- SION OF BROAD CATEGORIES OF VIDEO PROGRAMMING. 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. S._ 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. 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 MOR Music 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 VHF channels shall be carried on the same cable channel as is their off air channel designation unless prohibited by FCC rules and regulations. 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 10th day of January, 1995. ATTEST: MICHAEL A. MINES, MAYOR • P �. d . „ •J:'� 1 t .dill Br '`' aLEDRICHSEN, CITY CLERK w � c os #•••• � AA r +, ° 4 C � O i s VC • s IsTinfir NWSKA ) P )ss i kA. # ifen C ihNTY ) ®$ °�, ° ° �` °I. DIEDRICHSEN, hereby certifies that she is the duly ASa;;aasa 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 January, 1995. ALICE I. DIEDRICHSEN, CITY' CLERK ORDINANCE NO. 1733 AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000) FOR THE PURPOSE OF PAYING THE COSTS OF IMPROVING STREETS AND INTERSECTIONS IN PAVING DISTRICT NOS. 151 AND 152; PAYING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT NOS. 29 AND 30; PAYING THE COSTS OF SEWER IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NO. 48; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COJ.r FCTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and Council hereby find and determine: that pursuant to ordinances heretofore duly enacted, Paving District Nos. 151 and 152 were created in said City and certain street improvements were constructed in said Districts; that said improvements have been completed and accepted and hereby are accepted by the City; that the cost of said improvements, as reported by the City's Engineer, is not less than $377,700, of which $344,500 is District cost and $33,200 is the cost of improving intersections and areas formed by the crossing of streets, avenues or alleys and one -half of the streets adjacent to real estate owned by the City; that additional miscellaneous costs including issuance costs have been or are being incurred for said improvements; that special assessments have been levied according to law on the real estate in said Districts specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from the special assessments and other funds available for such purpose, there still remains due and payable from the City on the district costs not less than $200,000 and on the intersection costs not less than $30,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Intersection Improvement Bonds in the amount of $30,000 pursuant to Section 16 -626 R.R.S. Neb. 1943, and to the issuance of Street Improvement Bonds of said Districts in the amount of $200,000 pursuant to Section 16 -623 R.R.S. Neb. 1943, do exist and have been done as required by law. Section 2 The Mayor and Council further find and determine: that pursuant to ordinance duly enacted Sanitary Sewer Extension District No. 48 was created for said City and certain improvements were constructed in said District; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $35,400; that in addition, the City has incurred additional costs for interest on warrants and of miscellaneous expenses; that special assessments have been levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $8,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Sanitary Sewer Service Extension Bonds of said District in the amount of $8,000 pursuant to Section 19 -2405, R.R.S. Neb. 1943, do exist and have been done as required by law. Section 3. The Mayor and Council further find and determine: that pursuant to ordinances duly enacted Water Extension District Nos. 29 and 30 were created for said City and certain improvements were constructed in said Districts; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $51,300; that in addition, the City has -2- incurred additional costs for interest on warrants and of miscellaneous expenses; that special assessments have been levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $22,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Water Service Extension Bonds of said Districts in the amount of $22,000 pursuant to Section 19 -2405, R.R.S. Neb. 1943, do exist and have been done as required by law. Section 4. The Mayor and Council of the City of Blair, Nebraska, further find and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Blair, Nebraska, in the principal amount of Two Hundred Sixty Thousand Dollars ($260,000) under Sections 18 -1801 and 18 -1802 R.R.S. Neb. 1943, as amended, to pay the cost of improvements mentioned in Sections 1, 2 and 3 hereof do exist and have been done as required by law. Section 5. For the purposes described in Section 1 hereof, there shall be and there are hereby ordered issued, Various Purpose Bonds of the City of Blair, Nebraska, in the principal amount of Two Hundred Sixty Thousand Dollars ($260,000) (the "Series 1995 Bonds ") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360 -day year consisting of twelve 30 -day months) and maturing on March 1 of each year in the principal amounts as follows: -3- Principal Interest Amount Date of Maturity Rate $20,000 March 1, 1996 5.10% 20,000 March 1, 1997 5.30 20,000 March 1, 1998 5.40 25,000 March 1, 1999 5.50 25,000 March 1, 2000 5.60 25,000 March 1, 2001 5.70 30,000 March 1, 2002 5.80 30,000 March 1, 2003 5.85 30,000 March 1, 2004 5.90 35,000 March 1, 2005 5.95 The Series 1995 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple- thereof. The date of original issue for the Series 1995 Bonds shall be March 1, 1995. Interest on the Series 1995 Bonds, at the respective rates for each maturity, shall be payable on March 1, 1996, and semiannually thereafter on September 1 and March 1 of each year (each of said dates an "Interest Payment Date ") and the Series 1995 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the fifteenth day of the month immediately preceding the month in which each Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 7 hereof. The Series 1995 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 1995 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 1995 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 1995 Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 6 hereof, by mailing a check or draft in the amount due for such interest on -4- each Interest Payment Date to the registered owner of each Series 1995 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 6 hereof. Payments of principal and accrued interest thereon due at maturity or at any date fixed for redemption prior to maturity shall . be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 1995 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 1995 Bond as the absolute owner of such Series 1995 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Series 1995 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Series 1995 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Series 1995 Bonds or claims for interest to the extent of the sum or sums so paid. Section 6. The Fremont National Bank and Trust Company is hereby designated to serve as Paying Agent and Registrar for the Series 1995 Bonds. Said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled "Paying Agent and Registrar's Agreement" between the City and said Paying Agent and Registrar, the form of which is hereby approved. The Mayor and City Clerk are hereby authorized to execute said agreement in substantially the form presented but with such changes as they shall deem appropriate or necessary. The Paying Agent and Registrar shall keep and maintain for the City books for the -5- registration and transfer of the Series 1995 Bonds at its principal corporate trust office. The names and registered addresses of the registered owner or owners of the Series 1995 Bonds shall at all times be recorded in such books. Any Series 1995 Bond may be transferred pursuant to its provisions at the principal corporate trust office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 1995 Bond or Series 1995 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 1995 Bonds by this Ordinance, one such bond may be transferred for several such bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such bonds may be transferred for one or several such bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 1995 Bond, the surrendered Series 1995 Bond or Bonds shall be cancelled and destroyed. All Series 1995 Bonds issued upon transfer of the Series 1995 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1995 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1995 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 1995 Bond during any period from any Record Date until its immediately following Interest Payment Date -6- or to transfer any Series 1995 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 7. In the event that payments of interest due on the Series 1995 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 1995 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 8. If the date for payment of the principal of or interest on the Series 1995 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 9. Series 1995 Bonds maturing March 1, 2001 and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after March 1, 2000, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Series 1995 Bonds to be redeemed in its sole discretion but the Series 1995 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 1995 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 1995 Bonds evidencing the unredeemed principal thereof. Notice of redemption -7- of any Series 1995 Bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Series 1995 Bond at said owner's registered address. Such notice shall designate the Series 1995 Bond or Series 1995 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Series 1995 Bond or Series 1995 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1995 Bond partially redeemed, such notice shall specify the portion of the principal amount of such Series 1995 Bond to be redeemed. No defect in the mailing of notice for any Series 1995 Bond shall affect the sufficiency of the proceedings of the City designating the Series 1995 Bonds called for redemption or the effectiveness of such call for Series 1995 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Series 1995 Bond for which defective notice has been given. Section 10. The Series 1995 Bonds shall be in substantially the following form: Interest Rate Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON VARIOUS PURPOSE BOND OF IHE CITY OF BLAIR, NEBRASKA No. $ Maturity Date Date of Original Issue Cush) No. March 1, March 1, 1995 KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on March 1, 1996, and on September 1 and March 1 of each year thereafter (each of said dates an "Interest Payment Date "). Said interest shall be computed on the basis of a 360 -day year consisting of twelve 30 -day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the principal corporate trust office of The Fremont National Bank and Trust Company, the Paying Agent and Registrar, in Fremont, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered _ owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of Two Hundred Sixty Thousand Dollars ($260,000), of even date and like tenor except as to date -9- Dollars ($ ) of maturity, rate of interest and denomination which were issued by the City for the purpose of paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Paving District Nos. 151 and 152; paying the cost of water improvements in Water Extension District Nos. 29 and 30; paying the costs of sewer improvements in Sanitary Sewer Extension District No. 48, all in strict compliance with Sections 16 -623, 16 -626, 18 -1801, 18 -1802, and 19 -2405, R.R.S. Neb. 1943, as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing March 1, 2001 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after March 1, 2000, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on the Series 1995 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CER'1 -MD AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The special assessments levied upon real estate specially benefited by the improvements in said districts are valid liens on the lots and tracts of land upon which they have been levied and when collected shall be set aside and constitute a sinking fund for the payment of the principal and interest of this bond and the bonds of this issue; the City agrees that it will collect said special assessments and, in addition thereto, will cause to be levied and collected annually -10- a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of said bonds as the same become due. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. A TEST: City Clerk (SEAL) CITY OF BLAIR, NEBRASKA Mayor Certificate of Authentication This bond is one of the bonds authorized by Ordinance of the Mayor and Council of the City of Blair, in the County of Washington, in the State of Nebraska, described in the foregoing bond. The Fremont National Bank and Trust Company Fremont, Nebraska Paying Agent and Registrar By: Authorized Signature For value received hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D. No. 1 the within bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Signature Guaranteed By Authorized Officer(s) (Form of Assignment) Dated: Registered Owner(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Section 11. Each of the Series 1995 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 1995 Bonds shall be issued initially as "book- entry- only" bonds under the services of The Depository Trust Company (the "Depository "), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations ") in the form required by the Depository, for and on behalf of the City, which shall thereafter govem matters with respect to registration, transfer, payment and redemption of the Series 1995 Bonds. With respect to the issuance of the Series 1995 Bonds as "book- entry - only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds Series 1995 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a Series 1995 Bond from a Bond Participant while the Series 1995 Bonds are in book -entry form (each, a "Beneficial Owner ") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 1995 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 1995 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 1995 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 1995 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 1995 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond. -14- (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 1995 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Series 1995 Bonds or (ii) to make available Series 1995 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 1995 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 1995 Bonds be delivered to the ultimate beneficial owners of the Series 1995 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 1995 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 1995 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 1995 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 1995 Bond and all notices with respect to such Series 1995 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 1995 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 1995 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of -15- certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Series 1995 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such bond. The Series 1995 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the Series 1995 Bonds to be registered in the office of the Auditor of Public Accounts of the State of Nebraska. Thereafter the Series 1995 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the Series 1995 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Smith Barney Inc., Chiles Heider Division, as initial purchaser thereof, upon receipt of 97.5% of the principal amount of the Series 1995 Bonds plus accrued interest thereon to date of payment for the Series 1995 Bonds. Said initial purchaser shall have the right to direct the registration of the Series 1995 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 1995 Bonds which shall be delivered to said purchaser. -16- Section 12. The proceeds of the Series 1995 Bonds shall be applied to the payment of costs of construction of the improvements described in Sections 1, 2 and 3 hereof or to the payment of warrant or other indebtedness incurred for the payment of said costs and to pay issuance costs. Any accrued interest received from the sale of the Series 1995 Bonds shall be applied to pay interest falling due on said Series 1995 Bonds on March 1, 1996. Expenses of issuance of the Series 1995 Bonds may be paid from the proceeds of the Series 1995 Bonds. Section 13. The special assessments levied as described in Sections 1, 2 and 3 of this Ordinance and the interest on said assessments shall constitute a sinking fund for the payment of the principal and interest of the Series 1995 Bonds. The City agrees that it will collect said special assessments and, in addition thereto, shall cause to be levied and collected annually a special levy of taxes on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of the Series 1995 Bonds when and as such principal and interest become due. Section 14. The City hereby covenants to the purchasers and holders of the Series 1995 Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 1995 Bonds, which would cause the Series 1995 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series -17- 1995 Bonds. The City hereby designates the Series 1995 Bonds as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that the Series 1995 Bonds are not "private activity bonds" as such term is defined in Section 141(a) of the Code, that it does not reasonably expect to issue tax- exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1995, and that it has not designated more than $10,000,000 of obligations (including the Series 1995 Bonds herein authorized) during the 1995 calendar year to the date of this Ordinance as qualified tax- exempt obligations. Section 15. The City's obligations under this Ordinance with respect to any or all of the Series 1995 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 1995 Bonds and any such Series 1995 Bond shall no longer be deemed to be outstanding hereunder if such Series 1995 Bond has been purchased by the City and cancelled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with the Paying Agent and Registrar or with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations ") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, -18- as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 1995 Bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank, trust company or the Paying Agent and Registrar may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank, trust company or Paying Agent and Registrar in excess of the amount required to pay principal of and interest on the Series 1995 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 16. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 17. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. Passed and approved this 24i-.11 day of .r a n n a ry , 1995. Attest: 66 7 , ,) S City Clerk Alice I. Diedrichsen (SEALe. c.:‘,,-........47 � i C TY OF o0 IL m SEAL i at .... CLASS o ®� 0 /7.8..h 4ip Mayor Michael A. Mines -19- AN ORDINANCE VACATING THE WEST 15 FEET OF THE RIGHT OF WAY ON TWENTY -FIRST STREET FROM ITS INTERSECTION WITH WRIGHT STREET TO ITS INTERSECTION WITH U.S. HIGHWAY NO. 75 IN THE CITY OF BLAIR, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The real estate described as the West 15 feet of the right of way on Twenty -first Street from its intersection with Wright Street to its intersection with U.S. Highway No. 75 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. PASSED AND APPROVED this 14th day of February, 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) eeeeasec 4V0 ' •� 0 py � 41/ 41k 4 CITY OF ° b o F c e SEAL • # a FIRST CLASS � e : � �� 1311 gy " ss 6�O b p, O B -r�' �O ORDINANCE NO. 1734 MICHAEL A. MINES, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the=- -14th day of February, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 172 AN ORDINANCE ESTABLISHING VIOLATION OF VEHICLE EQUIPMENT AND MAINTENANCE REQUIREMENTS AS A VIOLATION OF THE MUNICIPAL CODE, DEEMING DISORDERLY CONDUCT A CLASS III MISDEMEANOR, ESTABLISHING FINES FOR SECOND, THIRD, AND SUBSEQUENT VIOLATIONS OF JUNK AC- CUMULATIONS, METER TAMPERING, APPLIANCES IN YARD, CURFEW, TREE REGULATIONS, DOG LICENSES, DOGS RUNNING AT LARGE, BARKING AND OFFENSIVE DOGS, AND NUISANCES, 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 -304 should be transferred to and become Section 5- 621.01 of the Municipal Code of the City of Blair and is hereby created to read as follows: Sec. 5- 621.01 VEHICLES: EQUIPMENT AND MAINTENANCE. Every motor vehicle, while in use on the streets, alleys, or public highways of the municipality shall be equipped and maintained according to the laws of the State of Nebraska. SECTION 2. That Section 6 -323 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -323 MISDEMEANORS: DISORDERLY CONDUCT. It shall be unlaw- ful for any person to engage in conduct or behavior which disturb the peace and good order of the Municipality by clamor or noise, intoxication, drunkenness, fighting, using of obscene or profane language in the streets or other public places, or is otherwise indecent or disorderly conduct or lewd or lascivious behavior. Class III misdemeanor. (Ref. 16 -227, 16 -228 RS Neb.) SECTION 3. That Section 6 -333 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -333 MISDEMEANORS: JUNK ACCUMULATIONS. It shall be unlaw- ful for any property owner or lessee to allow an accumulation of junk on property that is located within the corporate limits to the extent that such accumulation is a potential hazard to the health and safety of the residents of the Municipality. Junk shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries, paper, trash, rubber debris, waste, dismantled, unlicensed, abandoned, inoperable, or wrecked automobiles, or parts thereof, wood, limbs, vegetation, and other old or scrap ferrous or nonferrous material. The City Administrator or the Chief of Police shall have the power to investigate all complaints of violations of this Section and if they find that such property owner or lessee has allowed such accumulation, they shall cause the property owner or lessee to be served with written notice directing them to remove the accumulation of junk within five (5) days of the receipt of said notice. Any person failing to remove said accumulation ,within five (5) days after receiving notice to do so, shall be deemed guilty of a misdemeanor and a conviction for violation of this section shall result in a fine for the first offense in any one calendar year of the sum of fifty dollars ($50.00), for the second offense in any one calendar year the sum of one hundred dollars ($100.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred fifty dollars $150.00), and the Court, as part of the judgment, shall order the owner to remove the accumulation of junk. Each day an accumulation of junk is permitted to exist shall be deemed a separate violation hereunder. in addition, an authorized agent of the Municipality may cause said junk or motor vehicles to be removed at the ex- pense of the owner or lessee, from the land whereon said junk or motor vehicles exist and the cost of such removal shall be lev- ied, equalized, and assessed as are other special assessments. (Ord. No. 1280, 5/14/80) SECTION 4. That Section 6 -334 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -334 MISDEMEANORS: METER TAMPERING. It shall be unlawful for any person to tamper with, alter, destroy or modify or to do any other act or cause any other act to be done which alters or prohibits the accurate metering and registering of water as supplied by the City of Blair to its customers. Said tampering shall also specifically include but not be limited to breaking of any seals on the metering device and adjusting or removing cams. Notwithstanding the provisions of Section 6 -401, any person guilty of any unlawful acts as provided for by this Section shall be punished by a fine for the first offense in any one calendar year of the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one calendar year the sum of two hundred dollars ($200.00), and the court as part of the judgment may order said person to make reasonable restitution to the City of Blair for any water used but not registered by said metering device as a result of the unlawful acts of said person. (Ord. No. 1287, 8/26/80) SECTION 5. That Section 6 -310 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -310 MISDEMEANORS: APPLIANCES IN YARD. It shall be unlaw- ful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children whether on private or public property unless he or she shall first remove all doors and make the same reasonably safe. A conviction for violation of this section shall result in a fine for the first offense in any one calendar year of the sum of fifty dollars ($50.00), for the second offense in any one calen- dar year the sum of one hundred dollars ($100.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred fifty dollars ($150.00). Each day a refrigerator, ice box, freezer, or any other dangerous appliance is open, accessible to children, and unsafe shall be deemed a separate violation hereunder. Class III Misdemeanor. (Ref. 18 -1720, 28- 1321 RS Neb.) SECTION 6. That Section 6 -327 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -327 MISDEMEANORS: CURFEW. It shall be unlawful for any minor under the age of sixteen (16) years to be or remain in or upon any of the streets, alleys or other places in the City at night after the hour of twelve (12:00) o'clock A.M., unless accompanied by a parent, guardian or other person having the legal custody of such minor person, or is going to or from some meeting or assemblage of lawful character, or is in the perfor- mance of an errand or duty directed by a parent, guardian or other person having the legal custody of such minor person, or whose employment makes it necessary to be upon the streets, alleys, or public places during the night -time after such speci- fied hours. It shall be unlawful for the parents, guardians or other adult persons having the care and custody of a minor child under the age of sixteen (16) years to allow or permit said minor to be or remain in or upon any of the streets, alleys or public places in the City at night after the hour of twelve (12:00) o'clock A.M. unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor person or is going to or from some meeting or assemblage of lawful character or is in the performance of an errand or duty directed by a parent, guardian or other person having the legal custody of such minor person or whose employment makes it neces- sary to be upon the streets, alleys or public places during the night time after such specified hours. A conviction for viola- tion of this section shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). (Ord. No. 1113, 4/23/75) SECTION 7. That Section 6- 319.10 of the Municipal Code of the City of Blair and is hereby created to read as follows: Sec. 6- 319.10 PENALTIES. A conviction for violation of Sections 6- 319.01 through 6- 319.09 shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dol- lars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third or subse- quent offenses in any one calendar year the sum of one hundred dollars ($100.00). SECTION 8. That Section 6 -101 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -101 DOGS; LICENSE. Any person who shall own, keep or harbor a dog over the age of three (3) months within the Munici- pality shall within thirty (30) days after acquisition of the said dog acquire a license for each dog annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from and after January thirty -first (31st); Provided, the possessor of any dog brought into or harbored within the corporate limits shall be liable for the payment of the dog tax levied herein and shall license same within thirty (30) days after such animal is brought into or harbored in the municipali- ty. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of five ($5.00) dollars for each spayed female dog and each neutered male dog and ten ($10.00) dollars for all other dogs. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other dispo- sition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his or her name and address, and the name, breed, color and sex of each dog owned and kept by him or her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. A conviction for the violation of this section shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00) (Ref. 16- 206, 54 -603, 71 -4412 RS Neb.) SECTION 9. That Section 6 -106 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -106 DOGS; RUNNING AT LARGE. It shall be unlawful for the owner or keeper of any dog to allow such dog to run at large outside the confines of the owner's or keeper's property unless said dog is on a leash. A conviction for violation of this section shall result in a fine for the first offense in any one calendar year of the sum .of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). (Ref. 16 -206 RS Neb.) SECTION 10. That Section 6 -111 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 6 -111 DOGS; BARKING AND OFFENSIVE. It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Municipality; Provided, that the provisions of this Section shall not be construed to apply to the Municipal Dog Shelter. A conviction for violation of this section shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00). SECTION 11. That Section 5 -414 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 5 -414 PARKING VIOLATIONS: PENALTIES. Any person, firm, association, or corporation violating any of the provisions of this Article, shall be deemed guilty of a misdemeanor and upon conviction shall be fined the sum of ten dollars ($10.00). SECTION 12. That Section 4 -505 of the Municipal Code of the City of Blair and is hereby amended to read as follows: Sec. 4 -505 NUISANCES.. VIOLATION AND PENALTIES. It shall be unlawful for any person to maintain, use, place, deposit, leave, permit, or create or in any other way allow a nuisance as defined in Sections 4 -501 or 4 -504 inclusive, and any person found in violation hereof shall be deemed guilty of a Class III misde- meanor and shall be subject to for the first offense in any one calendar year the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent offens- es in any one calendar year the sum of two hundred dollars ($200.00). Each day a nuisance is permitted to exist shall be deemed a separate violation hereunder. (Ref. Ord. No. 1574) SECTION 13. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 14. This ordinance shall be in full force and effect from and after its passage and publication hereof in pamphlet form as provided by law. Passed and approved this 14th day of February, 1995. Si OF 0 g .e CRY OF b • SEAL • :3� a SEAL e AtTATRIRST CUSS t / o` ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss MICHAEL A. MINES, 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 of said City held on the 14th day of February, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1736 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, HOSPITAL PARK ADDITION AND ASSUMING THE EAST LINE OF SAID LOT 1 TO BEAR DUE NORTH AND SOUTH; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 338.77 FEET; THENCE EAST A DISTANCE OF 15.00 FEET; THENCE NORTH A DISTANCE OF 329.67 FEET TO THE SOUTHEASTERLY EXTENSION OF THE NORTH LINE OF LOT 1; THENCE NORTHWESTERLY ALONG SAID EXTEN- SION A DISTANCE OF 17.54 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, CONTAINING 5013.3 SQUARE FEET MORE OR LESS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDI- NANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the real estate described as beginning at the Northeast corner of Lot 1, Block 1, Hospital Park Addition and assuming the East line of said Lot 1 to bear due North and South; thence South along said East line a distance of 338.77 feet; thence East a distance of 15.00 feet; thence North a dis- tance of 329.67feet to the Southeasterly extension of the North line of. Lot 1; thence Northwesterly along said extension a dis- tance of 17.54 feet to the point of beginning, all in the City of Blair, Washington County, Nebraska, containing 5013.3 square feet more or less, is hereby sold and should be conveyed by the City of Blair, Nebraska, to Memorial Community Hospital. SECTION 2. That the consideration to be paid for such real estate is the sum of $1,075.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of an Agreement on file with the City Clerk. 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. et Pf SED AND APPROVED THIS B' 0° . CITYOF o '� ° 0 0 0I a SEAL ® # 4 ATTEST; m FIRST CLASS o' E� aeaa E t � e — L /e:LSt/7�C.f'�,YI�/!'� -J ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 28th day of February, 1995. MICHAEL A. MINES, MAYOR r ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance'was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 28.th day of February, 1995. ALICE I. DIEDRICHSEN, CITY CLERK AN ORDINANCE REZONING LOTS 1, 2, 6, AND THE NORTH 20 FEET OF LOT 3, BLOCK 2, BECK'S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RM - RESIDENTIAL MEDIUM DENSITY DISTRICT TO RML - MULTI FAMILY RESIDENTIAL LOW DENSITY DISTRICT, REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA.. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as Lots 1, 2, 6, and the North 20 feet of Lot 3, Block 2, Beck's Addition to the City of Blair, Washington County, Nebraska, from RM - Residential Medium Density District to RML - Multi Family 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 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, 1995. This Ordinance failed on first reading March 14, 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1737 MICHAEL A. MINES, 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of March, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1738 AN ORDINANCE CREATING PAVING DISTRICT NOS. 164 AND 165 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID PAVING DISTRICTS 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 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 Paving District No. 164 be and the same is hereby created within the City of Blair, Nebraska, the outer boundaries of which District shall include the following de- scribed properties which abut the streets described below: Lots 1, 2, 3, 4, 5, 6, and 7 in Haven Hill Addition to the City of Blair, Washington County, Nebraska, Tax Lots 222 and 223 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Ne- braska. Within said District the streets to be improved are: Wilbur Street from the existing concrete paving (locat- ed to the east of Seventeenth Avenue) west to Seven- teenth Avenue; Seventeenth Avenue from Wilbur Street south to the south line of Haven Hill Addition, includ - ing intersection. SECTION 2. That Paving District No. 165 be and the same is hereby created within the City of Blair, Nebraska, the outer boundaries of which District shall include the following de- scribed properties which abut the street described below: Lots 1, 2 and 3 in South 30 Addition to Blair. Tax Lot 74 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. Within said District the street to be improved is: Hollow Street from the existing concrete return at Highway 30 west to a point 100.35 feet east of the SW corner of the N1/2 SE1 /4 of Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. I i,lllillll SECTION 5. That this ordinance shall be in effect from and after its passage, approval, and publication according to law. � eg otomu , + SED AND APPROVED this llth day of April, 1995. VV Q ® y % 0 er my OF mow . F s . e +'1 E SEAL tl w SECTION 3. The improvements to be constructed in Paving District No. 164 and 165 shall include grading, paving, curbing, guttering, storm sewer improvements, sidewalks, and other neces- sary or incidental appurtenances to the improvements. SECTION 4. 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 Nos. 164 and 165 shall be made at public cost, and the cost of such improvements, excepting street intersections, shall be assessed against the property within said Districts specially benefited thereby in proportion to such bene- fits. - lat i • � 00 0 4. h ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) MICHAEL A. MINES, 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 regular meeting of the Mayor and City Council of said City held on the llth day of April, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1739 AN ORDINANCE PROVIDING FOR THE SALE OF TAX LOT 52 IN SECTION 2, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the real estate described as Tax Lot 52 in Section 2, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, should be conveyed by the City of Blair, Nebraska, to Michael Sulhoff. SECTION 2. That the consideration to be paid for such real estate is the sum of $2,000.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of an Agreement on file with the City Clerk. 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 11th day of April, 1995. MICHAEL A. MINES, MAYOR ATTEST: • 04 � e SEAL m *1 e T. ; ® FIRST CLASS a 6 ® 8 ° °a 19 61 "•• a o P °e6 eoPg'� P;G_�,�t.1.. ,lf it ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of April, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1740 AN ORDINANCE AMENDING SECTION 801.02 AND 801.04 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, GENERALLY ALLOWING ANY PRINCIPAL PERMITTED USE IN THE CCB - CENTRAL BUSINESS DIS- TRICT AS A PRINCIPAL PERMITTED USE IN CH - HIGHWAY COMMERCIAL DISTRICT IF THE TOTAL BUILDING OR STRUCTURE UTILIZED FOR CENTRAL BUSINESS DISTRICT PURPOSES EXCEEDS 7,500 SQUARE FEET OR BY SPE- CIAL USE PERMIT IS SUCH SQUARE FOOTAGE IS LESS THAN 7,500 SQUARE FEET. BE IT ORDAINED•BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Section 801.02 of the Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as fol- lows: 801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right: (1) Establishments which provide services or supply commodities . primarily for the convenience of patrons traveling on state highways and major county road entrances to the community includ- ing: Auditorium, exhibition hall, club Athletic complexes and health centers Bars, cocktail lounges or nightclubs Bowling alley Bus depots and transit stations Business and professional offices and buildings Car sales, both new and used with full service and repairs Car wash Dry cleaning and laundry Farm implement and farm machinery fabrication, sales and service Farm equipment and supplies, sales and service Furniture stores Garden and lawn supplies stores, nurseries and greenhouses Hotels and motels Ice cream and confectionery stores Lumber and building materials Mini storage units Mobile home sales Public utility structures, services and facilities Recreational vehicle sales and service and rentals Rental and lease establishments, inside storage only Repair garages Restaurants, including drive -in restaurants Service stations (gasoline) including dispension of diesel fuel and complete truck service Soda fountains (2) Any principal permitted use in the CCB - Central Business District as specified in Section 802.02 if the total structure or building contains principal uses and structures specified in Section 802.02 and such building or structure contains 7,500 square feet or more. (3) Signs subject to SECTION 1114 of this Ordinance. (4) Road side rest areas. SECTION 2. That Section 801.04 of the Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as fol- lows: 801.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CH Highway Commercial District in accordance with ARTICLE 14 of this Ordinance. (1) Amusement parks; carnivals, circuses, outdoor festivals and other transient amusement enterprises; drive -in theaters; golf driving ranges; pony rings; and skating rinks; (2) Churches and other religious institutions; (3) Private clubs and lodges; (4) Public buildings and grounds; (5) Go -Cart race tracks. (6) Overnight recreational vehicle parking areas limited to six spaces in conjunction with another permitted use. (7) Multi - family dwellings. (8) Family day care home, group day care home, or day care center. (9) Antennas and transmitting structures. (10) Any principal permitted use in the CCB - Central Business District as specified in Section 802.02 if the total structure or building contains principal uses and structures specified in Section 802.02 and such building or structure contains less than 7,500 square 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 provided by law. Passed and approved this 25th day of April, 1995. MICFIAEL A. MINES, MAYOR ATTEST: ALICE I. .DIEDR.ICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY y ) ss 0..0 e OF g ''' ••, • 4. • •' CaT YOF SEAL *_ e % T CLASS e ♦� % . e 1 ®.e 9 ,,, 6 p o.e.o t� ��,teR r y " A I. DIEDRICHSEN, hereby certifies tnft 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 25th day of April, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1741 AN ORDINANCE REZONING TAX LOTS 165, 95, 194, AND 244, ALL IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, THE CITY OF BLAIR, WASHINGTON COUN- TY, NEBRASKA, FROM ML - LIGHT INDUSTRIAL AND MANUFACTURING DIS- TRICT TO CH - HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as Tax Lots 165, 95, 194, and 244, all in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, from ML - Light Industrial and Manufacturing District to CH - Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as 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 25th day of April, 1995. eo 9a9aeaesoea,o, : e �q .P .) x'1 ATTEST: °° � �°j ®I,IT 'd. o : CITY r.: a ■, ALICE I. DIE�RACH ` ' " IT `'1LERK (SEAL) 9 0 e FIRST CLAS$ v e a 4 9 A 04 " IP MICHAEL A. MINES, 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 25th day of April, 1995. a i,A v� al. dl :41. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1742 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS TAX LOTS 165, 95, 194, AND 244, ALL IN 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 owner of the above described has requested the City of Blair annex said real estate which is adjacent and con- tiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That Tax Lots 165, 95, 194, and 244, all in 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 con- flict 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 25th day of April, 1995. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR b I ATTEST: c � ' :# fl FIRST CLASS mo o ® !Pa " , > ALICE I. DIEDRICHSEN, CITY CLERIC (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 25th day of April, 1995. ALICE DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1743 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS TAX LOT 240, SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., 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. SECTION 1. That the real estate described as Tax Lot 240, Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, is hereby sold and should be con- veyed by the City of Blair, Nebraska, to Gregory P. Drew, Trus- tee, or his designee. SECTION 2. That the consideration to be paid for such real estate is the sum of $52,000.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of an Agreement on file with the City Clerk. SECTION 3. That the Mayor and City Clerk of the City of Blair, Nebraska, are hereby authorized and directed to execute any and all necessary documents to effectuate such conveyance. SECTION 4. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 5. This ordinance shall be iii full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED THIS ___2atilL day of April, '1995. MICHAEL A. MINES, MAYOR ATTEST: "m ©F e�'° 0 g � 1 SAyiCFFIV ©FDIkD1$CHSEN, CITY CLERK * C‘EAgFAL # FIRST CLASS NEBRASKA p e 4 ° o u WASH ATCOUNTY s 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 25th day of April, 1995. J AA AA,A,7 a� ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1744 AN ORDINANCE ANNEXING '1nh REAL ESTATE DESCRIBED AS TAX LOT 242 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., AND A PORTION OF COUNTY ROAD NO. 135 (THIRD AVENUE) DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY OF COUNTY ROAD NO. 135 AND THE WESTERLY EXTENSION OF THE NORTH LINE OF TAX LOT 242; THENCE EASTERLY ALONG SAID WESTERLY EXTENDED LINE TO THE EASTERLY RIGHT OF WAY OF SAID COUNTY ROAD; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF TAX LOT 242; THENCE. WESTERLY ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF TAX LOT 242 TO THE WESTERLY RIGHT OF WAY OF COUNTY ROAD NO. 135; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY TO THE POINT OF BEGINNING; ALL IN 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as Tax Lot 242 in Section 7, Township 18 North, Mange 12 East of the 6th P.M., and a portion of County Road No. 135 (Third Avenue) described as follows: Beginning at the intersection of the West right of way of County Road No. 135 and the Westerly extension of the North line of Tax Lot 242; thence Easterly along said Westerly extended line to the Easterly right of way of said county road; thence Southerly along. said Easterly right of way to the South line of Tax Lot 242; thence Westerly along the Westerly extension of the South line of Tax Lot 242 to the Westerly right of way of County Road No. 135; thence Northerly along said Westerly right•of way to the point of beginning; all in 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 con- flict 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 25th day of April, 1995. CITY OF BLAIR, NEBRASKA q � ®rr rrr��$tp �tt ,e : aaa °• '' WC....-- r rig , • an+DP •0 • a MICHAEL A. MINES, MAYOR • q. SEAL : #s k i w i ? kAS.S a a j r 4� ��� ® ° °.e 196 sg m'"® q` ` 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 25th day of April, 1995. O A:6 fi ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1745 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS TAX LOT 242, SECTION 7, TOWNSHIP 18 NORTH, RANGE 12 EAST OF THE 6TH P.M., 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. SECTION 1. That the real estate described as Tax Lot 242, Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, is hereby sold and should be con- veyed by the City of Blair, Nebraska, to Nutrivet, Incorporated. SECTION 2. That the consideration to be paid for such real estate is the sum of $11,520.00 payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of an Agreement on file with the City Clerk. 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 25th day of April, 1995. MICHAEL A. MINES, MAYOR per a B �S4. 4 1 I CITY OF ° m � . m 0 °0 a # E SEAL f # ATTEST: o m FIRST CLASS 0 ® 4 .. // j p y f a 9 6 a ® Q 6b,,e ,e Q� r I/ nX h t /� 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 ' 25thday of April, 1995. a ti; a.1 � O ALICE. I. DIEDRICHSEN, CITY CLERK AN ORDINANCE AMENDING SECTION 705 OF THE SUBDIVISION REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, BY THE CREATION OF A NEW SUBSEC- TION 705(2)(D) ALLOWING FOR ADMINISTRATIVE APPROVAL OF LOT SPLITS WHERE THE USE OF THE LOT IS FOR ATTACHED SINGLE FAMILY DWELLINGS, CREATING RESTRICTIONS AND CONDITIONS THEREON, 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. SECTION 1. Section 705 of the Subdivision Regulations of the City of Blair is hereby amended to read as follows: SECTION 705 LOT SPLIT ORDINANCE NO. 1746 An existing platted lot, of sufficient size, may be divided into no more than two (2) lots, upon recommendation of the Plan- ning Commission and approval of the City Council. The sub- divider, developer or owner shall file with the City an applica- tion upon forms prescribed therefor and shall comply with these minimum sub - division requirements. Requests for lot split appro- val.shall be made by the owner of the land to the City Adminis- trator. 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. Notice shall be also be given in writing not less than ten (10) days before the Planning Commission hearing to the City Director of Public Works or the County Road Superintendent respectively if the lot split is within municipal limits or outside of the municipal limits. 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 a split results in a tract which does not border on and provide direct access for ingress and egress to a street or road, said direct access shall not be less than thirty (30) feet in width. An ease- ment shall not be considered as providing direct ac- cess. (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. Requirements shall include dedication of right of way and ease- ments and may include, but not be limited to, installation of public facilities 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. Approval of .a lot split may be made by the zoning admin- istrator where the lot is to be used for attached single family dwellings. Such approval shall be made only in the event coven- ants are filed against said lot which shall run with the land and which restrict the use of the premises as an attached single family dwelling, and further provided there is full compliance with all other applicable subdivision and zoning regulations. E. 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 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 in pamphlet from as required by law. PASSED AND APPROVED this 13th day of June, 1995. ATTEST: (SEAL) o are cr SEAL i 6 FIRST CLASS ® ey a 44 ® ®m �b0 d.� nall� Jev� :g ALICE 1. _.ADD VAT :N CITY CLERK MICHAEL A. MINES, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of June, 1995. (20)) a, ilemb j ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1747 AN ORDINANCE CREATING PAVING DISTRICT NO. 168 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. 168 be and the same is hereby created within the City of Blair, Nebraska, the outer boundaries of which District shall include the following de- scribed properties which abut the streets described below: Lots 1, 2, and 3 in Eastgate Plaza Subdivision, City of Blair, Washington County, Nebraska, Within said District the street to be improved is: Eastgate Drive from the existing concrete paving in First Street, Easterly and Northerly to the existing concrete paving in U.S. Highway No. 30. SECTION 2. The improvements to be constructed in Paving District No. 168 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. 168 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. 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 June, 1995. p . C :1. T R k r e t o c t. FIRST CLASS m 4 % e J o ® � °d eoo��oSbb. ���0� $ %a � 4 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on. the 13th day of June, 1995. )ss MICHAEL A. MINES, MAYOR ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1748 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 53 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. 53, said sanitary sewer extension district to in- clude Lots 1, 2, and 3 in Eastgate Plaza Subdivision to the City of Blair, Washington County, Nebraska, and properties included within the following legal description: Part of Tax Lots 163 and 193 lying in the NW1 /4 SW1 /4 of Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and more particularly described as follows: From the W1/4 corner of said Section 7, Township 18 North, Range 12 East, thence S 00 degrees 18 minutes 45 seconds E (assumed bearing) along the west line of the NW1 /4 SW1 /4 of said Section 7 a distance of 533.29 feet to a point on the southerly right of way line of U.S. Highway No. 30, said point being the point of beginning; thence northeasterly along said southerly R.O.W. line along a 3369.04 foot radius curve to the left an arc distance of 1010.70 feet, said curve having a chord bearing of N 65 degrees 19 minutes 40 seconds E and a chord distance of 1006.91 feet; thence commencing along said southerly highway R.O.W. line N 56 degrees 45 minutes 40 seconds E a distance of 212.69 feet to a point on the westerly R.O.W. line of East First Street as platted in the City . of Blair; thence S 33 degrees 19 minutes 43 seconds E along said westerly R.O.W. line a distance of 122.66 feet to a point of curvature; thence continuing along said wester- ly R.O.W. line along a 464.08 foot radius curve to the right an arc distance of 268.61 feet to a point of tangency; thence continuing along said westerly R.O.W. line S 00 degrees 09 minutes 58 seconds E a distance of 90.96 feet; thence departing from said westerly R.O.W. line S 64 degrees 00 minutes 43 seconds W a distance of 863.62 feet to the northeast corner of Tax Lot 192 in said Section 7; thence S 89 degrees 21 minutes 20 sec- onds W along the north line of Tax Lots 192 and 190 in said Section a distance of 459.00 feet to the northwest corner of said Tax Lot 199, said Point also being on the west line of said NW1 /4 SW1 /4 ; thence N 00 degrees 18 minutes 45 seconds W along said west line a distance of 293.78 feet to the point of beginning and containing 12.00 acres, more or less. SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No. 53 are described as follows: In Highway 30 from the existing 8" sanitary sewer east of First Street, Westerly to First Street; in First Street from Highway 30 Southerly to the South line of Eastgate Plaza Subdivision; in Eastgate Drive from First Street Easterly to the Southwest corner of Lot 2 in Eastgate Plaza Subdivision. The proposed improvements to be constructed consist of approximately 1,040 lineal feet of sewer line and relat- ed appurtenances. The sewer main consists of polyvinyl chloride (PVC) of 8 inch diameter with related fittings, man holes, service connections, and other related appur- tenances 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. 53 is $ 29.176.13 . 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. (SEAL) PASSED AND APPROVED this 13th day of June, 1995. AZOINN. /swallow ** **** \ • I $T'AVSTj Ala ALICE I. DIEDRICHSEN. CITY CLERK STATE OF NEBRASKA ) ) ss WASHINGTON COUNTY ) MICHAEL A. MINES, 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 at a regular meeting of the Mayor and City Council of said City held on the 13th day of June, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. AN ORDINANCE REZONING THE REAL ESTATE TO BE KNOWN AS OAK PARK FOURTH ADDITION AS DESCRIBED ON THE PLAT THEREOF FROM AGG - GENERAL AGRICULTURE DISTRICT TO RRE - RURAL RESIDENTIAL ESTATE DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate to be known as Oak Park Fourth Addition, the metes and bounds description thereof attached hereto marked Exhibit "A," from AGG - General Agriculture District to RRE - Rural Residen- tial Estate District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as 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 27 day of June, 1995. ATTEST: PEGGY J.�FHN DEPUTY CITY CLERK (SEAL) 1749 MICHAEL A. MINES, MAYOR STATE OF NEBRASKA )ss WASHINGTON COUNTY ) 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 27 day of June, 1995. PEGGY J. FRAIlM,'DEPUTY CITY CLERK 9 i .E C A L D E S C R I P T I 0 N: (OAK PARK FOURTH ADDITION BOUNDARY): ' Part of the NWT of Section 19, Townrhip 18 North, Range 12 East of the 6th Principal Meridian, Washington County, Nebraska, and more particularly described as follows: Beginning at the Wk Corner of said Section 19, T 18 N, R 12 E; thence N 00 °15'17" V '(assumed . bearing) along the west line of the NWT of said Section 19 a distance of 2293.38 feet; thence 1 54'22'11" E a distance of 21.95 feet; .thence N 54 °33'36" E a distance of 228.55 fret to a point of curvature; thence along a 173.00 foot radius curve to the left., an arc distance of 11.67 feet to a point on the west line of Tax .Lot 51 in said Section 19; thence S 00 °20'10" E along the west line of said Tax Lot 51 a distance of 287.98 .feet to the southwest corner of said lax Lot 51; thence N 89°44'17" E along the south line of said Tax Lot a distance of 219.79 fest to the southeast corner of said Tax Lot; thence N 00'17'16" W along the east line of said Tax Lot s distance of 351.38 feet to the northeast corner of said Tax Lot 51 thence S 89 °47'25" W along the north line of said Tax Lot a distance of 171.14 feet to a point on a 173.00 foot radius curve to the left; thence northerly along said 173.00 foot radius curve an arc distance of 124.81 feet, said curve having a chord bearing of N 03'13'48" E and.a chord distance of 122.12 feet to a point on the north line of the NWT of said Section 19; thence N 89'47'25" E along said north line • distance of 360.07 feet to the intersection of said north line with the westerly right - - way lint of U.S Highway No. 75; thence southerly along said right-of-way line as follows; S 55 °51'35" E a distance of 670.00 feet; S 72 °27'30" E a distance of 566.60 feet; S 61 °26'38 " a distance of 83.99 feet; S 62 °01'41" E a distance of 292..28 feet; thence departing from said westerly highway.right -of -way line S 28 °25'10" W a distance of 79.99 feet to the northeast corner of Lot 1, Block 12, Oak Second Addition in said Section 19; thence along the easterly line of said Lot 1 along a 228.34 foot radius curve to the right, an arc distance of 33.67 feet, said curve having a chord bearing of S 55'26'31" E and a chord distance of 33:64 feet to a point 33.00 feet southerly of the northerly line.of said Lot 1; thence parallel to and 33.00 feet southerly of said north lot tine along a 250.00 foot radius curve to the right, an arc distance of 118.66 feet, said curve having a chord hearing of S 58 °32'10" W and a chord distance of 117.55 feet; thence S 72.09'12" W a distance of 185.96 feet; thence S 65'26'44" W a distance of 267.90 feet to a point on the west line of Block 12 in said Oak Park Second Addition; thence along the westerly, and southerly, and easterly lines of said Oak Park Second - Addition as follows; S 24'34'10" E a distance of 429.70 feet; 8 30 °45'02" W/ a distance of 453.00 feet; S 65 °01'40" W a distance of 45.00 feet; S 58'14'41" W a distance of 360.16 feet, f 36 °59'27 "W a distance of 291.91 feet; S 89'53 a distance of 286.6.3 feet; N 26 °35'43" W a distance of 32.68 feet to a point on a_50.00 foot radius curve to the left; thence along said 50.00 foot radius curve an are distance of 221.18 feet; said curve having a chord bearing of S 26'40'38 "W and a chord distance of 80.15 feet; thence S 38 °23'23" 1 a distance of 254.02 feet to a point.of curvature; thence along a 283.00 foot radius curve to the left an arc distance of 253.80 feet to • point of tangency; thence S - 89'46' 34" 1 -- -•. distance '729'.76 feet to a point of curvature; thence along a 282.45 foot radius curve to the left an art distance of ro 230.88 feet to a point on the west line of Tax Lot 55 in -said Section 19; thence S 43.23'24" W along said west line a distance of 139.99 feet to a.point on the south line of said NWT; thence S 89 °55'28" W along said south line a distance of 1819.55 feet to the Point Of Beginning; and containing 78.15 Acres, more or.leaa. AN ORDINANCE VACATING FOURTEENTH STREET BETWEEN THE SOUTHERN RIGHT OF WAY OF JACKSON STREET TO THE NORTH RIGHT OF WAY OF PARK STREET IN THE CITY OF BLAIR, 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, AS FOLLOWS: SECTION 1. The street described as Fourteenth Street bet- ween the southern right of way of Jackson Street to the North right of way of Park Street in the City of Blair is hereby vacat- ed. 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 27th day of. June, 1995. ATTEST: PEGGY J. FRAHM, DEPUTY CITY:CLERK (SEAL) ORDINANCE NO. 1750 SECTION 2. All ordinances or parts of ordinances in con- MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 27th day of June, 1995. ( 7 - 74:/A PEGGY J. FFA M, DEPUTY CITY CLERK ORDINANCE NO. 1751 AN ORDINANCE PROVIDING FOR THE SALE OF ALL OF THE DEDICATED RIGHT OF WAY OF FOURTEENTH STREET LYING BETWEEN THE NORTH RIGHT OF WAY LINE OF PARK STREET AND THE SOUTH RIGHT OF WAY LINE OF JACKSON STREET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Mayor and City Council of the City of Blair vacated Fourteenth Street south of the south right of way line of Jackson Street and north of the north right of way line of Park Street at the request of School District No. 1 of Washington County, Nebraska; and, WHEREAS, said School District No. 1 has further requested said vacated Fourteenth Street right of way be conveyed and transferred to said School District; and, WHEREAS, the Mayor and City Council has requested said School District locate the new proposed middle school southeast of the existing Junior Senior High School in such a position and location so as to allow the extension of Iowa Street east to any streets which may be constructed in the future, and said. School District has indicated its willingness to study the feasibility of such request. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the real estate described as all of the dedicated right of way of Fourteenth Street lying between the North right of way line of Park Street and the South right of way line of Jackson Street should be conveyed by the City of Blair, Nebraska, to Washington County School District No. 1, reserving an easement for all utilities located in such right of way. SECTION 2. That the consideration to be paid for such real estate is the sum of One Dollar and other valuable consideration payable in cash upon closing. The conveyance shall be pursuant to the terms and conditions of an Agreement on file with the City Clerk. 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 day of July, 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) MICHAEL A. MINES, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the day of July, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1752 AN ORDINANCE CREATING FLOODWAY AND FLOODWAY FRINGE DISTRICTS WITHIN THE CITY OF BLAIR, DEFINING THE SAME, AND SETTING FORTH REGULATIONS THEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the Legislature of the State of Nebraska has in Section 19 -901 R.R.S. Neb. delegated the responsibility to local governmental units to adopt zoning regulations designed to pro- tect the health, safety, and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES. 1.1 FINDINGS OF FACT. 1.11 Flood Losses Resulting From Periodic Inundation. The flood hazard areas of Blair, Nebraska, are subject to inundation which results in loss of life and proper- ty, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expen- ditures for flood protection and relief, and impair- ment of the tax base all of which adversely affect the public health, safety, and general welfare. 1.12 General Causes of These Flood Losses. These flood losses are caused by (1) The cumulative effect of obstruction in floodways causing increases in flood heights and velocities, (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately or otherwise protected from flood damages. 1.13 Methods Used to Analyze Flood Hazards. This ordinance uses a reasonable method of analyzing flood hazards which consists of a series of interrelat- ed steps. (1) Selection of a base flood which is based upon engineering calculations which permit a considera- tion of such flood factors as its expected fre- quency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this ordinance is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams sub- ject to this ordinance. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one year, as delineated in the official flood plain study, and illustrative materials dated March 16, 1994, as amended. (2) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the base flood. (3) Computation of the floodway required to convey this flood without increasing flood heights more than 1 foot at any point. (4) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height. (5) Delineation of floodway fringe i.e., that area outside the floodway encroachment lines but which still . is subject to inundation by the base flood. 1..2 STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by applying the provisions of this ordinance to: 1.21 Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities. 1.22 Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. 1.23 Protect individuals from buying lands which are unsuit- ed for intended purposes because of flood hazard. 1.24 Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program when identified by the Federal Insurance Administration as a flood prone community. SECTION 2.0 GENERAL PROVISIONS 2.1 LANDS TO WHICH ORDINANCE APPLIES. This ordinance shall apply to all lands within the jurisdiction of the City of Blair identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and/or within the Zoning Districts FW and FF established in Section 4.0 of this ordinance. In all areas covered by this ordinance no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 5.0, 6.0, and 7.0. 2.2 THE ENFORCEMENT OFFICER. The Building Inspector of the Community is hereby designated as the Council's duly designated Enforcement Officer under this Ordinance. 2.3 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Enforcement Officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Zoning Appeals will resolve the dispute. The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence, if he so desires. 2.4 COMPLIANCE. No development located within known flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. 2.5 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provision of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.6 INTERPRETATION. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in of the goverrn+ - body and shall be deemed a limitation or repeal of any other powers granted by state statutes. 2.7 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be in- creased by man -made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such dis- tricts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Blair or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder. 2.8 SEVERABILITY. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.9 APPLICATION FOR APPEAL. Where a request for a permit to develop or a variance is denied by the Building Inspector, the applicant may apply for such permit or variance directly to the Board of Adjustment. The Board of Adjustment may grant to deny such request by appropriate resolution adopted within thirty (30) days after such date of such application to the Board of Adjustment. SECTION 3.0 DEVELOPMENT PERMIT. 3.1 PERMIT REQUIRED. No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Section 12.0. 3.2 ADMINISTRATION. A. The Building Inspector is hereby appointed to administer and implement the provisions of this Ordinance. B. Duties of the Building Inspector shall include, but not be limited to: (1) Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this ordinance have been satisfied. (2) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, state or local governmental agencies from which prior approval is required. (3) Notify adjacent communities and the Nebraska Natural Resources Commission Flood Plain Management Section prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration when participating in the National Flood Insurance Program. (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including base- ment) of all new or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood - proofed. (7) When floodproofing is utilized for a particular a particular structure, the Building Inspector shall be presented certification from a registered professional engineer or architect. 3.3 APPLICATION FOR PERMIT. A. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall: 3.31 Identify and describe the work to be covered by the permit. 3.32 Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will readily identify and definite- ly locate the proposed building or work. 3.3 Indicate the use or occupancy for which the proposed work is intended 3.34 Be signed by the permitee or his authorized agent who may be required to submit evidence to indicate such authori- ty. 3.35 Give such other information as reasonably may be re- quired by the Building Inspector. SECTION 4.0 ESTABLISHMENT OF ZONING DISTRICTS. 4.1 The mapped flood plain areas within the jurisdiction of this ordinance are hereby divided into the two following dis- tricts: A floodway overlay district (FW) and a floodway fringe overlay district (FF) as identified in the official Flood Plain Study. Within these districts all uses not meeting the standards of this ordinance and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and un- numbered A Zones as identified on the official FIRM when identified in the Flood Insurance Study provided by the Federal Insurance Administration. 4.2 has been adopted as the Regulatory Floodway based on the principle that the area is designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point. SECTION 5.0 STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT. 5.1 No permit for development shall be granted for new construc- tion, substantial improvement and other improvements includ- ing the placement of manufactured homes within the identi- fied flood plain unless the conditions of this Section are satisfied. 5.2 All areas identified as numbered A Zones by the Federal Insurance Administration are subject to inundation of the 100 -year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this ordinance. If Flood In- surance Study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction. 5.3 New construction, subdivision proposals, substantial improvement, prefabricated buildings, placement of manufactured homes and other developments shall require: 5.31 Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodyna- mic and hydrostatic loads including the effects of buoyancy. 5.32 New or replacement water supply systems and /or sanitary sewage systems be designed to minimize or eliminate infil- tration of flood waters into the systems and discharges from the systems into flood waters, and on- site waste disposal systems be located so as to avoid impairment or contamina- tion. 5.33 Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.34 All utility and sanitary facilities be elevated and floodproofed one foot above the regulatory flood elevation. 5.35 That until a floodway has been designated, no develop- ment including landfill, may be permitted within the identi- fied flood plain unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100 -year flood more than one (1) foot on the average cross - section of the reach in which the development or landfill is located as shown in the official flood plain study incorporated by reference; Section 1.23 (1) of this ordinance. 5.36 Storage of Material and Equipment (1) The storage or processing of materials that are in time of flooding buoyant, flammable; explosive, or could be injurious to human, animal or plant life is prohibited. (2) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 5.37 Subdivision proposals and other proposed new develop- ment, including manufactured home parks or subdivisions, be required to assure that (a) all such proposals are consist- ent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage, (c) adequate drainage is provided so as to reduce exposure to flood hazards, and (d) proposals for development (including proposals for manufac- tured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals - the regulatory flood elevation. SECTION 6.0 FLOODWAY FRINGE OVERLAY DISTRICT 6.1 PERMITTED USES. Any use permitted in Section 7.0 shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of Section 5.0 are met. 6.2 STANDARDS FOR THE FLOODWAY FRINGE OVERLAY DISTRICT. 6.21 Require new construction or substantial improvements of residential structures to have the lowest floor, including basement elevated one foot above the base flood elevation. 6.22 Require new construction or substantial improvements of non- residential structures to have the lowest floor, includ- ing basement, elevated one foot above the base flood eleva- tion or, together with attendant utility and sanitary facil- ities, to be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrody- namic loads and effects of buoyancy. A registered profes- sional engineer or architect shall certify that the stan- dards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 3.2, B(7). 6.23 Require for all new construction and substantial im- provements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automati- cally equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other cover- ings or devices provided that they permit the automatic entry and exit of floodwaters. 6.24 Within AH zones adequate drainage paths around struc- tures on slopes shall be required in order to guide floodwa- ters around and away from proposed structures. 6.25 Manufactured Homes. A. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over - the -top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met: 1. Over - the -top ties be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations, and manufactured homes less than 50 feet long requiring one additional tie per side. 2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side. 3. All components of the anchoring system be capable of carrying a force of 4800 pounds. 4. Any additions to manufactured homes be similarly anchored. B. Require that all manufactured homes to be placed within Zones A1-30, AH and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 6.25A. 6.26 Located within the areas of special flood hazard estab- lished in Section 2.1 are areas designed as AO Zones. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is . unpredictable and indeterminate; therefore, the following provisions apply within AO Zones: A. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot /feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). B. All new construction and substantial improvements of nonresidential structures shall: 1. have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot /feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or 2. together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such certification shall be provided to the official as set forth in Section 3.2B(7). C. Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures. 6.27 Require that recreational vehicles placed on sites within Zones A1-30, AH and AE on the communities FIRM eith- er: 7.1 PERMIT EED USES. (1) Be on the site for fewer than 180 consecutive days, (2) Be fully licensed and ready for highway use, or (3) Be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. 6.28 A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION 7.0 FLOODWAY OVERLAY DISTRICT Only uses having a low flood- damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the base flood elevation. These uses are subject to the standards of Section 5.0 and 6.0. 7.11 Agricultural uses such as general farming, pasture, nurseries, forestry. 7.12 Residential uses such as lawns, gardens, parking and play areas. 7.13 Non - residential areas such as loading areas, parking, airport landing strips. 7.14 Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. New placement of residential structures including manufactured homes is prohibited within the iden- tified floodway (FW) area. 7.15 Replacement of manufactured homes in existing manufac- tured home parks and subdivisions is prohibited unless the conditions of 6.25 and 7.1 are met. 7.16 In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 5.37(d) of this ordinance, in meeting the standards of this section. SECTION 8.0 VARIANCE 8.1 The Board of Adjustment as established by the City of Blair shall hear and decide appeals and re- quests for variances from the requirements of this ordinance. 8.2 The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this ordinance. 8.3 Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided by Nebraska Statutes. 8.4 No encroachments, including landfill, new con- struction, substantial improvements or other developments shall be allowed within the adopted regulatory roadway unless it has been demonstrated through hydrologic and hydraulic analysis per- formed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 8.5 The Board of Adjustment shall have the discretion to make application to the Federal Emergency Management Agency Administrator to permit en- croachments upon the flood plain when a regulatory floodway has not been adopted or to permit en- croachments upon an adopted regulatory floodway which will cause base flood . elevation increases in excess of those permitted under this ordinance. In making such decision, the Board of Adjustment . shall consider the following: 8.51 the danger that materials may be swept onto other lands to the injury of others; 8.52 the danger to life and property due to flooding or erosion damage; 8.53 the susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 8.54 the importance of the services provided by the proposed facility to the community; 8.55 the necessity to the facility of a waterfront location, where applicable; 8.56 the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 8.57 the compatibility of the proposed use with exist- ing and anticipated development; 8.58 the relationship of the proposed use to the comprehensive plan and flood plain management program for that area; 8.59 the safety of access to the property in times of flood for ordinance and emergency vehicles; 8.591 the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, 8.592 the costs of providing governmental services during and after flood conditions including main- tenance and repair of public utilities and facili- ties such as sewer, gas, electrical, and water systems, and streets and bridges. 8.6 When the Board of Adjustment has, in its discre- tion, decided to make application to the Federal Emergency Management Agency Administrator to permit encroachments upon the flood plain when a regulatory floodway has not been adopted or to permit encroachments upon an adopted regulatory floodway which will cause base flood elevation increases in excess of those permitted under the ordinance, the Board of Adjustment shall submit the following: 8.61 A request for conditional approval of map change and the appropriate fees as specified by national flood insurance program regulations. 8.62 An evaluation of alternatives which would not result in a base flood elevation increase above that permitted under this ordinance. 8.63 Documentation of individual legal notice to all impacted property owners within and outside of the community explaining the impact of the proposed action on their property. 8.64 Concurrence of the chief executive officers of any other communities impacted by the proposed actions. 8.65 Certification that no structures are located in areas which would be impacted by the increased base flood elevation. 8.66 A request for revision of base flood elevation determination according to the provisions of National Flood Insurance Program and related regulations Section 65.6. 8.67 A request for floodway revision in accordance with the provisions of the National Flood Insurance Program and related regulations Section 65.7. 8.68 Such other evidence as the Federal Emergency Management Agency Administrator shall require. 8.7 Conditions for variances. 8.71 Generally, variances may be issued for new con- struction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (8.52 -8.56 below) have been fully considered. As the lot size increases beyond the one- half acre, the technical jurisdiction re- quired for issuing the variance increases. 8.72 Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 8.73 Variances shall not be issued within any desig- nated floodway if any increase in flood levels during the base flood discharge would result. 8.74 Variances shall only be issued upon a determina- tion that the variance is the minimum necessary, considering the flood hazard, to afford relief. 8.75 Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 8.76 Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 9.0 NON - CONFORMING USE. 9.1 A structure or the use of structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 9.11 No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 9.12 If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this ordinance. The Utility Department shall notify the Building Inspector in writing of instances of nonconforming uses where utility services have been discontinued for a period of six months. 9.13 Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. 9.2 If any residential nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred within those areas identified as floodway (FW). This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 9.3 If any non - residential nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SECTION 10.0 PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Blair or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 11.0 AMENDMENTS. The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of the time and place of such hearing shall be published in newspaper of general circulation in the City of Blair. The regulations of this ordinance are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976, and the 1967 Nebraska Flood Plains Regulations Act. SECTION 12.0 DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. ACTUARIAL RATES - or "risk premium rates" are those rates as established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U. S. C. 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances. APPEAL - a request for a review of the Building Inspector's interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING - a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is character- ized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - the land in the flood plain within a community subject to one percent or greater chance of flooding in any given year. BASE FLOOD ELEVATION - elevation indicated in the offi- cial flood plain study as the elevation of the 100 -year flood. BASE FLOOD PROTECTION ELEVATION - an elevation one foot higher than the water surface elevation of the base flood. CHANNEL -a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that water which is flowing within the limits of a defined channel. COMMUNITY - any state or area or political subdivision thereof which has authority to adopt and enforce plain management regulations for the areas within its jurisdiction. DEVELOPMENT - any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excava- tion, or drilling operations. EXISTING CONSTRUCTION - (for the purposes of determining rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for the FIRM's effective before that date. "Existing Construc- tion" may also be referred to as "existing structures." FLOOD OR FLOODING - a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community, on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community. FLOOD INSURANCE STUDY - the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. FLOOD PLAIN MANAGEMENT - the operation of an overall pro- gram of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plan, flood control works, and flood plain management regulations. FLOOD PROTECTION SYSTEM - those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typically includes levees or dikes. These specialized modifying works . are those constructed in con- formance with sound engineering standards. FLOOD PROOFING - any combination of structural and non - structual additions, changes or adjustments to structures, in- cluding utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. FLOODWAY (FW) - the channel of a river or other water- course and the adjacent portion of the flood plain that must be reserved in order to discharge the 100 -year flood without cumula- tively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain. FLOODWAY FRINGE (FF) - that area of the flood plain, out- side of the floodway, that on an average is likely to be flooded once every 100 years (i.e.: that has a one percent chance of flood occurrence in any one year). FREEBOARD - a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calcu- lated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect or urbanization of the watershed. HIGHEST ADJACENT GRADE - the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. LOWEST FLOOR - the lowest floor of the lowest enclosed are (including basement). An unfinished or flood resistant enclo- sure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to tender the structure in violation of the applica- ble non- elevation design requirements of this ordinance. MANUFACTURED HOME - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trail- ers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or con- tiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION - structures for which the "start of construction or substantial improvement" is commenced on or after the effective date of the FIRM. OVERLAY DISTRICT - a district which acts in conjunction with the underlying zoning district or districts. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97 -348) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other im- provement was within 180 days of the permit date. The actual start or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the place- ment of a manufactured home on a foundation. Permanent con- struction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets, and/or walkways; nor does it include excavation for a basement, footings, or foundations or the erection of temporary forms; nor does it include the installation of the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. STRUCTURE - a walled and roofed building that is principal- ly above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground. SUBSTANTIAL IMPROVEMENT - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement or repair is started, or (2) if the struc- ture has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial im- provement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the build- ing commences, whether or not that alteration affects the exter- nal dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing, state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions., or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE - a grant of relief to a person from the require- ments of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. 100 -YEAR FLOOD - the base flood having a one percent chance of annual occurrence. SECTION 2. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage hereof and publication in pamphlet form as required by law. ATTEST: PEGGY J. F (SEAL) Passed and approved this 27th day of June, 1995. , DEPUTY CITY CLERK MICHAEL A. MINES, MAYOR STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) 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 at a regular meeting of the Mayor and City Council of said City held on the 27th day of June, 1995. PEGGY J. , DEPUTY CITY CLERK ORDINANCE NO. 1753 AN ORDINANCE REZONING A PORTION OF TAX LOT 250 FORMERLY KNOWN AS TAX LOTS 163 AND 193 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, FROM ML - LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT TO CH - HIGHWAY COMMERCIAL DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the real estate described as part of Tax Lots 163 and 193 lying in the NW1 /4 SW1 /4 of Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska, and more particularly described as follows: From the W1/4 corner of said Section 7, Township 18 North, Range 12 East; thence S 00 degrees 18 minutes 45 seconds East (assumed bearing) along the west line of the NW1 /4 SW1 /4 of said Section 7 a distance of 533.29 feet to a point on the southerly right of way line of U.S. Highway No. 30, said point being the point of beginning; thence northeasterly along said southerly R.O.W. line along a 3369.04 foot radius curve to the left an arc distance of 1010.70 feet, said curve having a chord bearing of N 65 degrees 19 minutes 40 seconds E and a chord distance of 1006.91 feet; thence continuing along said southerly highway R.O.W. line N 56 degrees 45 minutes 40 seconds E a distance of 212.69 feet to a point on the westerly R.O.W. line of East First Street as platted in the City of Blair; thence S 33 degrees 19 minutes 43 seconds E along said westerly R.O.W. line a distance of 122.66 feet to a point of curvature; thence continuing along said westerly R.O.W. line along a 464.08 foot radius curve to the right an arc distance of 268.61 feet to a point of tangency; thence continuing along said westerly R.O.W. line S 00 degrees 09 minutes 58 seconds E a distance of 90.96 feet; thence departing from said westerly R.O.W. line S 64 de- grees 00 minutes 43 seconds W a distance of 863.62 feet to the northeast corner of Tax Lot 192 in said Section 7; thence S 89 degrees 21 minutes 20 seconds W along the north line of Tax Lots 192 and 190 in said Section a distance of 459.00 feet to the northwest corner of said Tax Lot 190, said point also being on the west line of said NW1 /4 SW1 /4; thence N 00 degrees 18 minutes 45 seconds W along said west line a distance of 293.78 feet to the point of beginning; and containing 12.00 acres, more or less, from ML - Light Industrial and Manufacturing District to CH - Highway Commercial District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as 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 27th day of June, 1995. MICHAEL A. MINES, MAYOR ATTEST: (1171 PEGGY J DEPUTY CITY CLERK (SEAL) STATE OF NEBRASKA )ss WASHINGTON COUNTY ) 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 27th day of June, 1995. PEGGY J. FRAHM DEPUTY CITY CLERK ORDINANCE NO. 1754 AN ORDINANCE PROHIBITING THE POSSESSION AND USE OF CONTROLLED AND ILLICIT SUBSTANCES, IMITATION CONTROLLED SUBSTANCES, DRUG PARA- PHERNALIA, 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. SECTION 1. Use of controlled substances. It shall be unlawful for any person to be under the influence of any con- trolled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings. It shall not be necessary to prove that the accused was under the influence of any specific controlled substance, but it shall be sufficient for conviction under this section to prove that the accused was under the influence of some controlled substance by proving that the accused did manifest physiological symptoms or reactions caused by the use of any controlled substance. Viola- tion of this section shall be a Class II misdemeanor. SECTION 2. Use of any substance for ouroose of intoxica- tion. stupif depression, giddiness paralysis. inebria- tion. excitement. or irrational behavior. It shall be unlawful for any person to breathe, inhale, or drink, or to induce or entice any other person to breathe, inhale, or drink any com- pound, liquid, or chemical containing acetate, acetane, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, ethylene trichloride, hexane, isopropanol, isopropyl alcohol, methyl alcohol, methyl cellosolve acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachloropehnol, petroleum ether, toluene, toluol, trichlorathane, trichlor- oethene, or any other substance for the purpose of inducing a condition of intoxication, stupification, depression, giddiness, paralysis, inebriation, excitement, or irrational behavior or in any manner changing, distorting or disturbing the auditory, visual, mental, or nervous process. Violation of this section shall be a Class III misdemeanor. SECTION 3. Addition of a deleterious substance to anv item. It shall be unlawful for any person to give, sell, or dispense to any other person any item to which has been added any deleterious substance which, if ingested, would cause injury, physical dis- tress, or mental aberration. Upon conviction a person shall, be guilty of a Class II misdemeanor. SECTION 4. Imitation controlled substance. It shall be unlawful for any person to knowingly or intentionally manufac- ture, distribute, deliver, or possess with the intent to distrib- ute or deliver an imitation controlled substance. In determining whether a substance is an imitation controlled substance, the Court or other authority concerned shall consider all relevant factors including but not limited to the following: (a) whether the substance is represented as having an affect similar to or the same as an illicit controlled substance, (b) whether the substance is represented by way of terminology which is decep- tively similar to or the same'as that describing a particular controlled substance, (c) whether the dosage unit price substan- tially exceeds the reasonable price of a similar dosage unit of a like chemical composition sold over the counter with packaging and labeling provided by the Federal Food and Drug Administra- tion, (d) whether the substance is packaged in a manner and quantity similar to or the same as that commonly used for illicit controlled substances, (e) whether the dosage unit appearance of the substance is deceptively similar to that of a particular controlled substance, and (f) whether the substance is distribut- ed to persons who represent it as a controlled substance under circumstances which indicate the distributors knows, intends, or should know that his or her distributee is making or will make such representations. Upon a first conviction a person shall be guilty of a Class III misdemeanor. Upon a second conviction and all subsequent convictions a person shall be guilty of a Class II misdemeanor. SECTION 5. Possession of marijuana. A. It shall be unlaw- ful for any person to knowingly or intentionally possess marijua- na weighing more than one ounce but not more than one pound. Upon conviction a person shall be guilty of a Class III(a) misde- meanor. B. It shall be unlawful for any person knowingly or inten- tionally to possess marijuana weighing one ounce or less. Upon the first conviction a person shall be guilty of an infraction, receive a citation, be fined $100.00, and may be assigned to attend a course relating to the affects of the misuse of drugs. Upon a second conviction under this section, the person shall be guilty of a Class IV misdemeanor, receive a citation, be fined $200.00, and may be imprisoned not to exceed five (5) days. Upon the third conviction under this section and for all subsequent convictions, a person shall be guilty of a Class III(a) misde- meanor, receive a citation, be fined $300.00, and be imprisoned not to exceed seven (7) days. SECTION 6. Drua Daraohernalia. A. As used in this ordi- nance, drug paraphernalia shall mean all equipment, products, and materials of any kind which are used, intended for use, or de- signed for use in manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled sub- stance in violation of any city ordinance or state or federal law. It shall include but not be limited to the following: (1) diluants and adulterants such as quinine hydrochloride, manitol, manite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances; (2) separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining mari- juana, (3) hypodermic syringes, needles, or other objects used, intended for use, or designed for use in permentarily injecting controlled substances into the human body; and (4) objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body which shall include but not be limited to the following: (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hash- ish heads, or punctured metal bowls, (b) water pipes, (c) carbu- ration tubes and devices, (d) smoking and carburation mats, (e) roach clips, meaning objects used to hold burning material such as a marijuana cigarette which has become too small or too short to be held in a hand, (f) miniature cocaine spoons and cocaine vials, (g) chamber pipes, (h) carburetor pipes, (i) electric pipes, (j) air driven pipes, (k) chillums, (1) bongs, and (m) ice pipes or chillers. B. In determining whether an object is drug paraphernalia a Court or other authority shall consider, in addition to all other logical relevant factors the following: (1) Statements by an owner or anyone in control of the object concerning its use, (2) prior convictions, if any, of an owner or anyone in control of the object under any city ordinance or state or federal law relating to a controlled substance, (3) the proximity of the object, in time and space, to a direct violation of a city ordi- nance or state or federal law, (4) the proximity of the object to any controlled substance, (5) the existence of any residue of a controlled substance on the object, (6) direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to any person to whom he or she knows or should reasonably know intends to use the object to facilitate a violation of a city, state, or federal law, (7) instructions, oral or written, provided with the object concerning its use, (8) descriptive materials accompanying the object which explain or depict its use, (9) national and local advertising concerning its use, (10) the manner in which the object was displayed for sale, (11) whether the owner, or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products, 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 11th day of July, 1995. „...„10 ,-, ALICE I. DIEDRICHSEN, CITY CLERK (12) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise, (13) the existence and scope of any legitimate use of the object in the community, and (14) expert testimony concerning its use. C. It shall be unlawful for any person to use, or to pos- sess with the intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this sec- tion shall be guilty of an infraction. SECTION 7. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and following the passage and publication hereof in pamphlet form as required by law. PASSED AND APPROVED this llth day of July, 1995. ATTEST: COX (.@- a 41L14.4 -X., 4, ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) MICHAEfA. MINES, MAYOR ORDINANCE NO. 1755 AN ORDINANCE AUTHORIZING MUNICIPAL EXPENDITURES PRIOR TO ADOPTION OF BUDGET, 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. On and after August 1, 1995, and until the adoption of the budget, the balance of cash on hand is hereby appropriated for the current expenses of the municipality as authorized by Section 13- 509.01 of the Nebraska Statutes. Such expenditures shall be charged against the appropriations for each individual fund or purpose as provided in the budget when adopt- ed. 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 bylaw. PASSED AND APPROVED this 25th day of July, 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) �+� .,, V�.. ...J .p,p 0 60 CITY OF 0 0 I* SEAL m# P 0 0 ® � g FIRST CLASS e o ° ® � 0 m A ®® ® �, A ® °p p i 6 4361 ® ," ''' A b' e6 8R ASY% ¢ MICHAEL A. MINES, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 25th day of July, 1995. ( 0 l-4 P.,-,,,,) / /7 - 447 ___ ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA ORDINANCE NO. 1756 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 34 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND - ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby fmd 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. 34, said water extension district the outer boundaries of which shall include Lots 1, 2, 3, 4, 5, 6 and 7 in Haven Hill Addition to the City of Blair, Washington County, Nebraska, and Tax Lot 223 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, together with the streets upon which said properties abut. Section 3. The size, location and terminal points of the proposed improvements for Wafer Extension District No. 34 are described as follows: In Wilbur Street, from the existing water main at 17th Street, west to 17th Avenue. In 17th Avenue, from Wilbur Street south to the existing water main running east and west in Tax Lots 21 and 24 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. The proposed improvements to be constructed consist of approximately 1 4 3 8 lineal feet of watermain and related appurtenances. The watennain 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 Blair Enaineerina & Survevjngco. , 1 570 Washi ngtnn Blair. NE 68008 . Said plans and specifications are hereby incorporated by reference as if set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. Section 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. 34 is $ 31 .535.00 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 25 day of r„ , B BBt B +. OO O a °p d soo4 BBBiB�aao 0 6 • • eb CITY OF + °@ +1'4 R C e m ° SEAL ° ° ° e a %AVOW. CLASS, 0961 .m$ tl , � . � o ��� ( /�� s �d°4 8 R p$ o�7 1 ]' �.I.P O , i City Clerk �. A .r A-4 -a�L� Mayor , 1995. STATE OF NEBRASKA WASHINGTON l )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 5 day of July, 1995. ALICE I. DIEDRICHSEN, CITY CLERK CITY OF BLAIR, NEBRASKA ORDINANCE NO. 17 5 7 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 52 IN THE CITY OF BLAIR, WASHINGTON COUNTY, 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 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. 52, said sanitary sewer extension district the outer boundaries of which shall include Lots 1, 2, 3, 4, 5, 6 and 7 in Haven Hill Addition to the City of Blair, Washington County, Nebraska, and Tax Lot 223 in Section 14, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, together with the streets upon which said properties abut. Section 3. The size, location and terminal points of the proposed improvements for Sanitary Sewer Extension District No. 52 are described as follows: 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 Blair Engineering & Surveyincr Co., 1570 Washington 5t; Blair, Nebraska . 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. 52 is $ 42,015.00 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 25 day of Jul v , 1995. ATTEST: In Wilbur Street, from the existing 8" sanitary sewer, west to 17th Avenue. In 17th Avenue, from Wilbur Street south to the south line of Haven Hill Addition to Blair, Nebraska. The proposed improvements to be constructed consist of approximately 101 1lineal feet of sewer line and related appurtenances. The sewer main consists of polyvinyl chloride (PVC) of 8 inch diameter with related fittings, manholes; service connections and other related appurtenances as indicated on the drawings. Mayor STATE OF NEBRASKA WASHINGTON ' dULI L ) )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 .2 day of July, 1995. ALICE I. DIEDRICHSEN, CITY CLERK AN=ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF LAND DESCRIBED AS TAX LOTS 155 AND 126 IN SECTION 12, 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. ORDINANCE NO. 1758 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the real estate described as Tax Lots 155 and 126 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, is hereby sold and should be conveyed by the City of Blair, Nebraska, to Larry Hipnar, Peggy Hipnar and Todd Hipnar, as joint tenants with rights of survivorship. SECTION 2. That the consideration to be paid for such real estate is the sum of $42,500.00 payable in cast _ ipon ; closing. The conveyance shall be pursuant to the terms : a conditions of an Agreement on file with the City Clerk. MICHAEL A. MINES, MAYOR SECTION 3. That the Mayor and City Clerks..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 25th day of July, 1995. ATTEST: ALICE I. DIEDRi CHSEN, CITY CLERK (SEAL,) STATE OF NEBRASgA WASHINGTON COSY )ss ALICE I. DIEDRICHSEN, hereby centl' appointed, fies that she 4ualified and acting is the Nebraska g City Clerk of the City that the Y of B above and foregoing Ordinance Was at a regular meeting p and approved °f said City g °f th e Mayor and City held on the 25th Y Cot • daY of July, 1995. p- ALICE I. D IEDRICHSEN CITY CLi ORDINANCE NO. 1759 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, 199 5, is hereby established and set as follows: Bi- Weekly Sala- ries: City Administrator - $2,000.00, City Clerk - $1,015.20, Admin. Asst /Secretary I - $836.00, Police Secretary I - $820.00, Building Inspector - $1,200.00, Police Chief - $1,596.40, Police Captain - $1,170.25, Police Patrolman - $869.25, Police Sergeant - $1,136.45, Police Patrolman - $1,026.75, Police Patrolman - $1,026.75, Police Patrolman - $1,026.75, Police Investigator - $1,088.25, Police Corporal - $1,088.25, Police Patrolman - $821.75, Police Patrolman - $821.75, Police Community Liaison - $1,067.75, Park /Cemetery Supt. - $1,025.00, Park /Cemetery Worker - $676.50, Librarian — $1,021.12, Librarian I - $746.00, Librar- ian I - $807.50, Library Assistant - $240.00, Animal Control Officer - $738.00, Equipment Operator I - $902.00, Equipment Operator II - $943.00, Equipment Operator II - $943.00, Street Supervisor - $1,063.45, Equipment Operator II - $922.50, Equip- ment Operator III - $963.50, Utility Worker - $697.00, Utility Worker - $676.50, Acct. Clerk III /Deputy Clerk /Treas. - $881.50, Account Clerk II - $828.00, Director of Public Works - $1,596.40, Wa /Se Distr. Supervisor - $1,045.50, Water Plant Supervisor - $1,082.00, Water Plant Operator - $1.045.50, Water Plant Operator - $1,004.50, WWTP Supervisor - $1,045.50, WWTP Operator - $1,004.50, WWTP Operator - $881.50. Hourly wages: Library aide - $4.25, Part time Animal Control Officer - $5.75, Reserve Offic- er - $5.96, Part Time Officer - $8.32, Part Time Summer /Pool Help - $6.50. 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, Coun- cilman - $1,000.00, Councilman - $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 the Salary Proposals and cost of living increase schedule establishing the salary and compensation of municipal employees for a two (2) year period is attached hereto, marked Exhibit "A," and is incorporated herein by this reference and is hereby accepted for said two (2) year period. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 25th day of July, 1995. MICHAEL A. MINES, MAYOR ATTEST: (SEAL) 61( STATE OF NEBRASKA WASHINGTON COUNTY a HSSSecceBp a OF C Q s ac � � O 4 6 E*. piRt a F m m @ R ` . )ss Jim ALICE I. DIEDRICHSEN, CITY CLERK ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a special meeting of the Mayor and City Council of said City held on the 25th day of July, 1995. 61 21 1 > .,n ALICE I. DIEDRICHSEN, CITY CLERK TO: .. Blair Police Officers FROM: Rodney A- Storm SUBJECT:.. Salary ..Proposal This is to inform you of the recommendation the Police Committee will forward to the City .Council. Please note this is just a recommendation and will not be finalized until mid July or later. This would cover two (2) years with no negotiating in 1996. 1. City of Blair recognize the following Communities for comparability: Ralston, LaVista, Papillion, Piattsmouth, Nebraska City, Beatrice, York, Wayne and So. Sioux City 2. City will grant a 2.5% cost of living increase this year and a cost of living increase next year (October 1, 1996) equal to the cost of living _adjustment recognized for budgeting by the State Auditors Office_ 3. City _ will grant comparability increase over the next two (2) years as follows: All Officers: (except Sergeant) Sergeant: Aug 95 - 15 cents Feb 96 - 14 Aug 96 - 14 Feb 97 - 14 Aug 95 - 24 Feb 96 - 24 Aug 96 - 24 Feb. 97 - 24 4. City will pick up additional cost of Health Insurance this year. Effective July, 1996, City will pick up 1/2 of any increase. Any decrease will be absorbed by the City. 5. Wage for Reserve Officer will be 58 beginning officers hourly rate. Wage for part time officer will be 81 beginning officer hourly rate. percent of percent of 1. Two (2). year package. Civilian Salary Proposal 2. City recognize the following communities for comparability: Ralston, Layista, Papillion, Plattsmouth, Nebraska City, Beatrice, York, Wayne, South Sioux City. 3. City will grant cost of living increase of 2.5% for August, 1995 and a cost of living increase next year (October 1, 1996) equal to the cost of living adjustment recognized for budgeting by the State Auditors Office. 4 Comparability adjustments based on the above communities as attached,_ 5. City will pick up additional cost of Health Insurance this year. Effective July, 1996, city will pick up 1/2 of any increase. Any decrease will be absorbed by the City. 6. City will rewrite the pension plan to meet current I.R.S. specifications_ Drop age 55 requirement, Pre Tax Plan, Change withholding from (4 +4) to (4 +4) plus (1 +1) - maximum city - would be 5 %, annual reports with 6 month cash out on termination or retirement and allow investment options, if possible. COST OF LIVING 2.5% - (COL) L. Pat Long combine with park - effective immediately. $25,480 (plus cost of living 2.5%, August, 1995) current Grade 26, Step 1. Z. Mark Adams - COL plus 20 cents Aug 95, Feb 96, Aug 96, and 15 cents Feb .9 Jim Stier - COL current scale - same as Mark Adams I. Building Lnspector - starting $28,000/$32,000 i. Waste Water Operator - COL plus additional grade for each increase in certification grade above minimum. Current grade 24 Water Plant Operator - COL plus 1 step grade increase. Increase 1 grade for each increase in certification grade above minimum. Current grade 23 Dan Coon - COL I. Utility Worker - COL L Everett Paine - COL second year job performance 1000 .0. Bob Bolton. Operator III - COL J. _ Equipment Operator II - COL .2. Kris Robinson Operator I - COL .3. Anne Keenan - COL plus 8 cents Aug 95, Feb 96; plus 7 cents Aug 96, Feb 97 A. Library I - COL plus 10 cents Aug 95, Feb 96, Aug 96, Feb 97 .5. Kerrie - COL .6. Deanna - COL 3.. Peggy - COL plus 25 cents Aug 95, Feb 96, Aug 96, Feb 97 8. Marsha - COL plus 10 cents Aug 95, Feb 96, Aug 96, Feb 97 9. Brenda - COL plus 20 cents Aug 95, Feb 96, Aug 96, Feb 97 0. Alice - COL plus $500.00 1. Whit - $41,500 2. Mary - $41,500 .3. Rod - $52,000 ORDINANCE NO. 1760 AN ORDINANCE LIMITING THE NOISE EMITTED BY A MOTOR VEHICLE AND PROHIBITING THE OPERATION OF RADIOS At) CAR STEREOS IN SUCH A MANNER AS TO DISTURB THE PEACE, QUIET, D COMFORT OF THE NEIGH- BORHOOD, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, 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. It shall be unlawful for any person to operate within the speed limits specified in this ordinance either a motor vehicle with a gross vehicle weight of 10,000 pounds or more, or any combination of vehicles of a type subject to regis- tration, towed by such vehicle, at any time or under any condi- tion of grade, load, acceleration, or deacceleration in such manner as to exceed the following noise Limit based on a distance of not less than fifty (50) feet from the center line of travel under test procedures established by this ordinance: When the posted speed limit is 35 miles per hour or less, the noise limit shall not exceed 86 dB(A), and when tha posted speed limit is more than 35 miles per hour, the noise limit shall not exceed 90 dB(A). This section shall apply to the total noise from a vehi- cle or combination of vehicles. SECTION 2. It is unlawful for any person to modify or change the exhaust muffler, the intake muffler, or any other noise abatement device of the motor vehicle in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured. SECTION 3. Radios. car stereos. phonoaraphs etc. It is unlawful for any person in a public or private place to use, operate, or permit to be played, used, or operated any radio receiving set, car stereo, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to exceed the following noise limit based on a distant of not less than fifty (50) feet from the center line of travel under test procedures established by this ordinance: When the posted speed limit is 35 miles per hour or less, the noise limit shall not exceed 86 dB(A), and when the posted speed limit is more than 35 miles per hour, the noise limit shall not exceed 90 dB(A). SECTION 4. (A) Noise measurements may be made by using a microphone target point which shall be established and a micro- phone location point which shall be established on the ground surface at a distance of fifty (50) feet from the microphone target point and on a line that is perpendicular to the center of the microphone target point and that passes through the micro- phone target point. A microphone shall be placed such that it is a height of not less than two (2) feet and not more than six (6) feet above the plain of the roadway surface. The area shall include an open site within a fifty (50) foot radius of both the microphone target point and the microphone location point. The area shall be essentially free of large sound reflecting objects. (B) Noise measurement conditions shall be as follows: (1) Noise measurements may only be made if measured average wind velocity is twelve (12) miles per hour or less. Gust wind meas- urements of up to twenty (20) miles per hour shall be allowed. (2) Measurements shall be prohibited under any condition of precipitation, but measurements may be made with snow on the ground. The ground surface within the measurement area shall be free of standing water. (3) Road conditions shall be such that would not cause a motor vehicle to emit irregular tire, body, or chassis impact noise. (C) In accordance with this section, a measurement shall be made of the sound level generated by a motor vehicle operating through the measurement area. Regardless of the road grade, load, acceleration, or deceleration, the sound level generated by the motor vehicle shall be the highest reading observed on the sound level measurement system as the vehicle passes through the measurement area. (RRS Neb. 60 -6369) SECTION 5. Noise measurements may be made by means of any device or test which is proven to produce accurate noise measure- ment. SECTION 6. Violation of this ordinance shall be a Class V misdemeanor. Each operation of the vehicle in violation of this ordinance shall be a separate offense. SECTION 7. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this. 8th day of August, 1995. HN ABBO . ACTING MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) ee'4 a a O v'°o o �� ►se ►► ► /� iid ''iirr / r P CITY OF 4 S • p • SEAL *0 FJRST CLASS • • • • • 4 0a�eew ffff 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 August, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1761 AN ORDINANCE LIMITING THE NOISE EMITTED BY RADIO RECEIVING SETS, CAR STEREOS, MUSICAL INSTRUMENTS, PHONOGRAPHS, OR OTHER MACHINES OR DEVICES FOR PRODUCING OR REPRODUCING SOUND IN THE MUNICIPALI- TY, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, 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. It shall be unlawful for any person in a public or private place to place, use, operate, or permit to be played, used, or operated any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound in such a manner as to exceed a noise limit of 86 dB(A) based on a distance of not less than fifty (50) feet from the center line under test pro- cedures established by this ordinance. SECTION 2. (A) Noise measurements may be made by using a microphone target point which shall be established and a micro- phone location point which shall be established on the ground surface at a distance of fifty (50) feet from the microphone target point and on a line that is perpendicular to the center of the microphone target point and that passes through the micro- phone target point. A microphone shall be placed such that it is a height of not less than two (2) feet and not more than six (6) feet above the plain of the ground surface. The area shall include an open site within a fifty (50) feet radius of both the microphone target point and the microphone location point. The area shall be essentially free of large sound reflecting objects. (B) Noise measurement conditions shall be as follows: (1) Noise measurements may only be made if measured average wind velocity is twelve (12) miles per hour or less. Gust wind meas- urements of up to twenty (20) miles per hour shall be allowed. (2) Measurements shall be prohibited under any conditions of precipitation, but measurements may be made with snow on the ground. The ground surface within the measurement area shall be free of standing water. SECTION 3. Noise measurements may be made by means of any device or test which is proven to produce accurate noise measure- ments. SECTION 4. A violation of this ordinance shall be a Class V misdemeanor. SECTION 5. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 8th day of August, 1995. ATTEST: ALICE I. (SEAL) DIEDRICHSEN, CIXX 4,ERK 41" .44. •. 4 mr c of . • s *" SEAL a * • . ABBOTT, ACTING 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 8th day of August, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1762 AN ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR MANUFACTURED HOMES WITHIN THE CORPORATE AND ZONING JURISDICTIONAL LIMITS OF THE CITY OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDINANC- ES 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. SECTION 1. The following standards are hereby adopted for manufactured homes within the corporate limits and within the zoning jurisdictional limits of the City of Blair. (A) The home shall have no less than 900 square feet of floor area. (B) The home shall have no less than an eighteen foot (18') exterior width. (C) The roof shall be pitched with a minimum vertical rise of 2 1/2 inches for each 12 inches of horizontal run. (D) The exterior material shall be of a color, material, and scale comparable with those existing in residential site built, single family construction. (E) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile, or rock. (F) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed. SECTION 2. For the purpose of this ordinance a manufactured home shall bear an appropriate seal which indicates that said home was constructed in accordance with the standards of the Department of Health or the United States De of Housing and Urban Development. SECTION 3. All manufactured homes shall be located and installed according to the same standards for foundation system, permanent utility connections, setback, and minimum square foot- age which would apply to a site - built, single family dwelling on the same lot. 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. ik PASSED AND APPROVED this 8 r ay of August, 1995. ATTEST: jittAZJEL.L.,c/A,?_,L4WL..> ALICE I. DIEDRICHSEN, CITY CLERK (S) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) A'RBOTT, ACTING MAYOR •` .• a y of ' :Ti l _* SEAL FIB . S : CLASS ,� . an 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 crat of said City held on the day of August, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES OF THE MUNICIPALITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, AND. PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND AFFECT. WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair for the fiscal year beginning August 1, 1995, and ending September 30, 1996, was published in The Pilot Tribune, the official newspaper of the City of Blair on August 15, 1995; and, WHEREAS, said budget statement was prepared on the appro- priate budget forms provided by the State of Nebraska and was duly filed with the City Clerk. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That after complying with all procedures re- quired by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning August 1, 1995, and ending September 30, 1996. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Blair. A copy of the budget documents shall be forwarded as provided by law to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Washington County, Nebraska, for use by the levying authority. SECTION 2. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. AN ORDINANCE VACATING THE ALLEY LOCATED IN BLOCK 76 IN THE CITY OF BLAIR RESERVING, HOWEVER, UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR UTILITIES LOCATED IN SAID ALLEY, INCLUDING BUT NOT LIMITED TO WATER AND SEWER LINES, 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. The alley located in Block 76 in the City of Blair is hereby vacated, providing, however, the City of Blair hereby reserves a perpetual easement for utilities located in said alley, including but not limited to water and sewer lines. 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 22nd day of August, 1995 ATTEST: 'L l-L dAr.1 o ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) ORDINANCE NO. 1764 MICHAEL A. MINES, MAYOR AN ORDINANCE VACATING THE ALLEY LOCATED IN BLOCK 76 IN THE CITY OF BLAIR RESERVING, HOWEVER, UNTO THE CITY OF BLAIR A PERPETUAL EASEMENT FOR UTILITIES LOCATED IN SAID ALLEY, INCLUDING BUT NOT LIMITED TO WATER AND SEWER LINES, 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. The alley located in Block 76 in the City of Blair is hereby vacated, providing, however, the City of Blair hereby reserves a perpetual easement for utilities located in said alley, including but not limited to water and sewer lines. 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 22nd day of August, 1995 ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) 0 00011 , 14 VV o V N 3. .. •i ♦�, ° ,r� /�• * tee CITY OF • .: ,±. ■ Y.r 48.• e • � 4 Fjg 7 C LAgg - > s . a 5,0 i, +3J877i9l ORDINANCE NO. 1764 MICHAEL A. MINES, MAYOR ORDINANCE NO. 1765 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS TAX LOTS 91 AND 92 IN SECTION 23; TAX LOTS 50, 54, 62, AND 64 IN SECTION 1; TAX LOTS 128 AND 129 IN SECTION 7; AND TAX LOTS 13, 105, 217, AND 218 IN SECTION 7; ALL IN TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, the City of Blair desires to annex said real estate which is adjacent and contiguous to the current municipal corpo- rate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tracts of land described as Tax Lots 91 and 92 in Section 23; Tax Lots 50, 54, 62, and 64 in Section 1; Tax Lots 128 and 129 in Section 7; Tax Lots 13, 105, 217, and 218 in Section 7; all in Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, be and the same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described real estate. SECTION 3. 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, approval and publication as provided by law. PASSED AND APPROVED this 10th day of October 1995. CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR ATTEST: ALICE I. (SEAL) • • :.e e �i • • • 10 � � • �� CITY OF • S. • a i . e i .2* . SEAL • e #e I e ate, ri , z, ■ FIRST CLASS e @ mo o° DIEDRICHSEN, CIT,�ChF�Rgge #, "4� A K V 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 10th day of October 1995. ALICE I. DIEDRICHSEN, CITY CLERK BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, ESTABLISHING AND REQUIRING CERTAIN REQUIREMENTS FOR SINGLE FAMILY DWELLINGS WITH REGARD TO MINIMUM EAVE SPECIFI- CATIONS AND METER SERVICE IN THE CITY OF BLAIR, NEBRASKA, AND ITS JURISDICTIONAL AREA, REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT THEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. That all single family dwellings constructed within the corporate limits of the City of Blair or within the zoning jurisdictional limits of the municipality shall have roof eaves of not less than twelve inches (12 "). SECTION 2. That all meter service equipment shall be in- stalled in or directly attached on single family dwellings. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof in pamphlet from as required by law. PASSED AND APPROVED this 10th day of October , 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) y e1 ", 4. 4. CITYOF . byi SUM )4 o i s • FIRST CLASS : S • �� �N.e P ► eee . sD E e RA gll t ORDINANCE NO. 1766 MICHAEL A. MINES, 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of October , 1995. 1 [4 . _ L; Lp A A.r �+if1�1�P�ti ALICE I. DIEDRICHSEN, CITY CLERK Councilman Abbott introduce. Ordinance No. 1767 "AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AUTHORIZING THE ISSUANCE AND SALE OF SEWER REVENUE BOND ANTICIPATION NOTES OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HUNDRED EIGHTY THOUSAND DOLLARS ($980,000), FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE COST OF EXTENDING, ENLARGING AND IMPROVING THE CITY'S SEWAGE DISPOSAL PLANT AND SANITARY SEWER SYSTEM PENDING THE ISSUANCE OF PERMANENT SEWER SYSTEM REVENUE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE THE CITY'S SEWER SYSTEM REVENUE BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM." Said Ordinance was fully and distinctly read, and by motion of Councilmember Ryan , seconded by Councilmember Abbott it was designated as Ordinance No. 1767 and the title thereof was approved. The roll was called on the passage of said motion and the following voted "AYE": Ahh n t t. , R P t +. s , Fay, Ellis. Kros. RPa1.ph. Ryan anr7 chn.Ftirp11 The following voted "NAY ": Nonf Councilmember Kros moved that the statutory rule requiring ordinances to be fully and distinctly read on three different days be suspended, seconded by Councilmember A rah n t + . The roll was called a n d t h e f o ll o w i n g voted "AYE ": Abbott, Betts, . F 1 1 i s: FRy. . urn, R e l Ryan and Shotwell. "NAY ": None • The motion to suspend the statutory rule having been concurred in by three- fourths of all members of the Council was declared passed and adopted. Whereupon Ordinance No. 1767 was read by title and thereafter Councilmember Ryan moved for final passage of said Ordinance CouncilmemberAgatth the motion. The Mayor stated: "The question is, shall Ordinance No. 1767 be passed and adopted ?" The roll was called and the following voted "AYE ": Abbott, Retts . F.1 1 i e _ Fey, Kros, Roa? ph, Rya i anri CFlptjac� 1 . The following voted "NAY ": Non The passage and adoption of said Ordinance having been concurred with by a majority of all members elected to the Council, was by the Mayor declared passed and adopted, and the Mayor, in the presence of the Council, signed and approved said Ordinance, and the Clerk attested the passage and approval of the same and affixed the seal of the City thereto. A true and complete copy of said Ordinance No. 1767 is attached hereto. awe,- City Clerk of Blair, Nebraska Alice I. Diedrichsen ORDINANCE NO. 1767 "AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AUTHORIZING THE ISSUANCE AND SALE OF SEWER REVENUE BOND ANTICIPATION NOTES OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HUNDRED EIGHTY THOUSAND DOLLARS ($980,000), FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE COST OF EXTENDING, ENLARGING AND IMPROVING THE CITY'S SEWAGE DISPOSAL PLANT AND SANITARY Jt:wrlt SYSTEM PENDING THE ISSUANCE OF PERMANENT SEWER SYSTEM REVENUE BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE THE CITY'S SEWER SYSTEM REVENUE BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM." 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 hereby find and determine. a. The City of Blair owns and operates a sewage disposal plant and sanitary sewer system (which plant and system, together with any additions, extensions and improvements thereto hereafter made is hereinafter referred to as the "Sewer System ") which represents a revenue - producing undertaking of the City; b. It is necessary and advisable for the City of Blair to extend, enlarge and improve the Sewer System- by construction of a. sludge stabilization facility and other miscellaneous and related work. The cost of said improvements, based upon the estimate furnished by the City's engineer, is not less than $903,000, and it is necessary to borrow monies in order to ensure timely payment to contractors. Additionally, it is necessary to provide for the payment of interest to accrue on the notes herein authorized to April 15, 1997. and to pay issuance costs of said notes; c. There is presently no outstanding indebtedness for which the revenues of the Sewer System have been pledged and which constitute a prior lien upon the revenues of the Sewer System; d. It is necessary and advisable that the City issue its Sewer Revenue Bond Anticipation Notes in the principal amount of $980,000 pending permanent revenue bond Lancing pursuant to Sections 18 -1803 to 18 -1805, R.R.S. Neb. 1943, and that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Sewer Revenue Bond Anticipation Notes in the amount of $980,000 do exist and have been done as required by law. Section 2. For the purpose of providing interim financing for the costs of the improvements set out in Section 1, pending the issuance of permanent sewer revenue bonds by the City of Blair, as described in Section 1 hereof, there shall be and there are hereby ordered issued notes of the City of Blair, Nebraska to be known as Sewer Revenue Bond Anticipation Notes, Series 1995, (the "Notes ") of the aggregate principal amount of Nine Hundred Eighty Thousand Dollars ($980,000), with said notes bearing interest at the rate of 4.25% per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months), and to become due on October 15, 1998. The Notes shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the Notes shall be October 15, 1995. Interest on the Notes shall be payable on October 15, 1996, and semiannually thereafter on April 15 and October 15 of each year (each of said dates an "Interest Payment Date ") and the Notes shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which each Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 4 hereof. The Notes shall be numbered from 1 upwards in the order of their issuance. The initial numbering and principal amounts for each of the Notes shall be designated by the City Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Notes prior to maturity or early redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each Note, as of the Record Date for such Interest -2- Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 3 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity, together with any unpaid interest accrued thereon, shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Notes to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Note as the absolute owner of such note for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such note or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Note in accordance with the terms of this ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Notes or claims for interest to the extent of the sum or sums . so paid. Section 3. The City Treasurer is hereby designated as Paying Agent and Registrar for the Notes. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Notes at the City's offices. The names and registered addresses of the registered owner or owners of the Notes shall at all times be recorded in such books. Any Note may be transferred pursuant to its provisions at the offices of said Paying Agent and Registrar by surrender of such note for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the -3- transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Note or Notes of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Notes by this ordinance, one such note may be transferred for several such notes of the same interest rate and maturity, and for a like aggregate principal amount, and several such notes may be transferred for one or several such notes, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Note, the surrendered Note or Notes shall be canceled and destroyed. All Notes issued upon transfer of the Notes so surrendered shall be valid obligations of the City evidencing the same obligations as the Notes surrendered and shall be entitled to all the benefits and protection of this ordinance to the same extent as the Notes upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Note during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Note called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4. In the event that payments of interest due on the Notes on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Notes as of a special date of record for payment of such defaulted interest as shall . be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. If the date for payment of the principal of or interest on the Notes shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city of Blair are -4- authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a clay on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 6. The Notes of this issue are subject to redemption, in whole or in part, prior to maturity at the option of the City at any time on or after October 15, 1996, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Notes to be redeemed in its sole discretion, but Notes shall be redeemed only in amounts of $5,000 or integral multiples thereof. Notes redeemed in part only shall be surrendered to the Paying Agent and Registrar in exchange for new Notes evidencing the unredeemed principal thereof. Notice of redemption of any Note called for redemption shall be given at the direction of the City by the Paying Agent and Registrar by mail not less than thirty days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Note at such owner's registered address. Such notice shall designate the Note or Notes to be redeemed by number, the date of original issue and the date fixed for redemption and shall state that such Note or Notes are to be presented for prepayment at the office of the Paying Agent and Registrar. In case of any Note partially redeemed, . such notice shall specify the portion of the principal amount of such Note to be redeemed. No defect in the mailing of notice for any Note shall affect the sufficiency of the proceedings of the City designating the Notes called for redemption or the effectiveness of such call for Notes for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Note for which defective notice has been given. Section 7. The Notes shall be in substantially the following form: No. Interest Rate Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON SEWER REVENUE BOND ANTICIPATION NOTE OF THE CITY OF BLAIR, NEBRASKA SERIES 1995 Maturity Date Date of Original Issue CUSIP NO. October 15, 1995 October 15, 1998 Dollars ($ KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the maturity date specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on October 15, 1996 and semiannually thereafter on April 15 and October 15 of each year (each of said dates an "Interest Payment Date "), Said interest shall be computed on the basis of a 360 -day year consisting of twelve 30-day months. The principal hereof together with any unpaid interest accrued thereon due at maturity or upon earlier redemption is payable upon presentation and surrender of this note at the office of the City. Treasurer of Blair, Nebraska, Paying Agent and Registrar, in Blair, Nebraska. Interest on this note due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this note, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this note (or of one or more predecessor notes hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. All notes of this issue are subject to redemption prior to maturity on October 15, 1996, or at any time thereafter at par plus accrued interest on the principal amount redeemed to the date set for redemption. Notice of redemption shall be given by mail to the registered owner of any -6- note to be redeemed, not less than thirty days prior to the date set for redemption, in the manner specified in the ordinance authorizing the issuance of said notes. Individual notes may be redeemed in part but only in the amount of $5,000 or any integral multiple thereof. This note is one of an issue of fully registered notes of the total principal amount of $980,000, of even date and like tenor herewith, except as to denomination, which were issued by the City for the purpose of providing interim financing for the cost of extending, enlarging and improving the City's sewage disposal plant and sanitary sewer system pending the issuance of permanent sewer system revenue bonds. The issuance of this note and the other notes of this issue has been lawfully authorized by an ordinance duly passed, approved and published by the Mayor and Council of the City of Blair in strict compliance with Sections 18 -1803 to 18 -1805, Reissue Revised Statutes of Nebraska, 1943, as amended. The interest and principal of this note are payable from monies in the "Sewer Revenue Bond Anticipation Note Payment Fund" as described in the ordinance authorizing the issuance of said series of notes. Reference is hereby made to said ordinance for a full description of the covenants of the City with respect to said series of notes. In said ordinance, the City has agreed, among other things, to issue and sell its sewer system revenue bonds in an amount sufficient, along with other available funds, to enable it to take up and pay off said series of notes at or prior to maturity. This note shall not be a debt of the City of Blair, Nebraska, within the meaning of any constitutional, statutory or charter limitation upon the creation of general obligation indebtedness of said City and said City shall not be liable for the payment thereof out of any monies of the City - .other than from the proceeds of sewer system revenue bonds to be issued and monies in the Sewer Revenue Bond Anticipation Note Payment Fund. The City reserves the right to issue additional Sewer Revenue Bond Anticipation Notes for the purpose of refunding the notes of this issue at or prior to maturity and for the purpose of paying for additional improvements for its Sewer System. The ordinance under which these notes are issued constitutes an irrevocable contract between the City and the holders of all of said notes and said contract cannot be changed or altered without the written consent of the holders of seventy -five per cent (75 %) in principal amount of the notes then outstanding. This note is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the City Treasurer of Blair, Nebraska, as Paying Agent and Registrar, upon surrender and cancellation of this note and thereupon a new note or notes of the same aggregate principal amount will be issued to the transferee as provided in the ordihance authorizing said issue of notes, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and' any other person may treat the person in whose name this note is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this note be overdue or not. -7- If the date for payment of the principal of or interest on this note shall be a Saturday, Sunday, legal - holiday or a day on which banking institutions in the City of Blair are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY w t trt o AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this note did exist, did happen and were done and performed in regular and due form and time as required by Iaw and that the indebtedness of the City, including this note, does not exceed any limitation imposed by law. This note shall not be valid for any purpose until the Certificate of Authentication hereon shall have been signed by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this note to be executed on behalf of the City with the signatures of its Mayor and City Clerk, both of which signatures may be facsimile signatures, and by having affixed hereto or imprinted hereon the City's seal, all as of the date of issue shown above. THE CITY OF BLAIR, NEBRASKA 4 I.iF F C (� T ��`� ®`d (SEAL) b 0 b b 0 a CITY of o s a s c *a SEAL e T. b ATTEST: o FIRST Clc °° 4 L ,� ,0 City Clerk Alice I. Diedrichsen By Michael A. Mines, Mayor CERTIFICATE OF AUTHENTICATION AND REGISTRATION This note is one of the series designated therein and has been registered to the owner named in said note and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of notes. -9- City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska For value received, Signature Guaranteed By Authorized Officer (FORM OF ASSIGNMENT) hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D. No. l the within note and hereby irrevocably constitutes and appoints . attorney, to transfer the same on the books of registration in the office of the within- mentioned Paying Agent and Registrar with full power of substitution in the premises. Note: The signature(s) of this assignment MUST CORRESPOND with the name(s) as written on the face of the within note in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Dated: Registered Owner(s) Section 8. Each of the Notes shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Notes shall be issued initially as "book- entry - only" notes under the services of The Depository Trust Company (the "Depository"), with one typewritten note per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations ") in the form required by the Depository, for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Notes. Upon the issuance of the Notes as "book- entry-only" notes, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds Notes as securities depository (each, a "Note Participant ") or to any person who is an actual purchaser of a Note from a Note Participant while the Notes are in book -entry form (each, a "Beneficial Owner ") with respect to the following: (i) the accuracy of the records of the Depository, any nominees, of the Depository or any Note Participant with respect to any ownership interest in the Notes, (ii) the delivery to any Note Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Notes, including any notice of redemption, or (iii) the payment to any Note Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Notes. The Paying Agent and Registrar shall make payments with respect to the Notes only to or upon the order of the Depository or its nominee, and all such payments shall be valid and .effective fully to satisfy and discharge the obligations with respect to such Notes to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Note. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Notes requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Notes or (ii) to make available Notes registered in whatever name or names as the Beneficial Owners transferring or exchanging such Notes shall designate. (c) If the City determines that it is desirable that certificates representing the Notes be delivered to the ultimate beneficial owners of the Notes and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Note Participants of the availability through the Depository of note certificates representing the Notes. In such event, the Paying Agent and Registrar shall issue, transfer and exchange note certificates representing the Notes as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this ordinance to the contrary, so long as any Note is registered in the name of the Depository or any nominee thereof, all payments with respect to such Note and all notices with respect to such Note shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Notes may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Notes may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the ordinance. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed note certificates, duly executed by manual or facsimile signatures of the Mayor and City Clerk and sealed with the City's seal, for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such -12- supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Note shall cease to be such officer before the delivery of such note (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such note. After execution of the Notes they shall be delivered to the Paying Agent and Registrar for registration and said Paying Agent and Registrar shall execute a certificate on each Note showing such registration and authentication thereof. Upon execution and registration of the Notes, they shall be delivered to the City Treasurer who is authorized to deliver them to Smith Barney Inc., Chiles Heider Division, as initial purchaser thereof upon receipt of 98.95% of the principal amount of the Notes plus accrued interest thereon to date of payment for the Notes. Said initial purchaser shall have the right to direct the registration of the Notes and the denominations, subject to the restrictions of this ordinance. Section 9. The City Clerk is hereby directed to make and certify a transcript of the proceedings of the City precedent to the issuance of said Notes which shall be delivered to the purchaser of said Notes. Section 10. The City hereby covenants and agrees to issue and sell its sewer system revenue bonds in a sufficient amount and at such times as will enable it to take up and pay off -13- the Notes herein ordered issued, both principal and interest, at or prior to maturity, if not previously paid from other sources. There is hereby ordered established a special fund to be known as the "Sewer Revenue Bond Anticipation. Note Payment Fund ", which shall be kept as a separate fund apart from all other funds of the City. The proceeds of the Sewer System Revenue Bonds of the City to be issued shall be deposited into said fund and disbursed from said fund only for the purpose of taking up and paying off the Notes herein ordered issued so long as said Notes are outstanding. Interest on said Notes shall also be payable from said fund. In order to assure the payment of said interest as it falls due, there shall be deposited in said fund from the proceeds of the Notes an amount equal to the interest to be payable on the Notes to and including April 15, 1997. Said proceeds as so deposited shall be used solely for the payment of interest on the Notes herein authorized as the same fall due. The City further agrees that if, for 1 any reason, the interest due on said Notes is not fully provided for from said deposit, the payment of such interest shall be provided for out of the revenues of the City's Sewer System, to the extent permitted, or from the issuance of other sewer revenue bond anticipation notes or sewer revenue bonds. The City further agrees that it will establish, maintain and collect rates and charges for its Sewer System throughout the life of said Notes sufficient to enable the City to issue and sell its sewer system revenue bonds in an amount sufficient to pay in full the Notes at or prior to maturity and agrees to use the proceeds of such sale of sewer system revenue bonds for taking up and paying off said Notes at or prior to maturity to the extent not provided for from other sources. The City further agrees that said rates and charges shall also be sufficient, after taking into consideration any other appropriated revenues available, to provide for all costs associated with the ownership, operation, maintenance, renewal and replacement of the City's -14- Sewer System, including providing for payment of debt service on the Notes herein authorized. The Notes shall not be a debt of the City within the meaning of any constitutional, statutory, or charter limitation upon the creation of general obligation indebtedness of the City, and the City shall not be liable for the payment thereof out of any money of the City other than from monies received by the issuance and sale of permanent sewer system revenue bonds, as described herein and from monies in the Sewer Revenue Bond Anticipation Note Payment Fund as required to be . maintained by this ordinance The holders of said notes have a lien on the revenue and earnings of the City's Sewer System. The lien provided for in this ordinance in favor of the holders of the Notes shall not prevent the City from applying the revenues of the Sewer System to any purpose permitted by law including the payment of the costs of further improvements to the Sewer System and payments on general obligation indebtedness incurred for improvements to the Sewer System, so long as there is no default in the payment of principal or interest due on the Notes. Section 11. Moneys in the Sewer Revenue Bond Anticipation Note Payment Fund which are not immediately required for paying principal or interest as the same falls due on the Notes herein authorized shall be invested in any investments which are permissible for funds of a city of the first class. Such investments shall mature or be redeemable at the option of the holder at such time or times as shall make funds available when needed for the purposes of paying said principal and interest. Any earnings on such investments when realized and collected shall be transferred to the Construction Fund and held and applied in the same manner as other moneys therein. The City Treasurer is hereby directed to disburse moneys in the Sewer Revenue Bond Anticipation Note Payment Fund to pay principal and interest on the Notes herein authorized as -15- the same fall due, without further authorization. Section 12. There is hereby established with the City Treasurer of the City of Blair, Nebraska, a special fund to be known as the "City of Blair, Sewer Revenue Bond Anticipation Note Construction Fund ", herein referred to as the "Construction Fund ". Into the Construction Fund there shall be deposited the balance of proceeds from the sale of the Notes herein authorized after providing for deposit for capitalized interest and after payment of issuance expenses. Said Construction Fund shall be kept separate and apart from all other funds of the City. Moneys in the Construction Fund shall be used and applied to pay the costs of the improvements to the City's Sewer System as directed by the Mayor and Council of the City of Blair, and moneys in the Construction Fund not required to pay for improvements may be applied .. to the redemption of said Notes prior to maturity. Moneys in the Construction Fund which are not immediately required for paying the costs of the improvements shall be invested in any investments which are permissible for funds of a city of the first class. Such investments shall mature or be redeemable at the option of the holder at such time or times as shall make funds available when needed for purposes of paying the costs of the improvements to the Sewer System. Any earnings on such investments shall be used for paying the costs of the improvements in the same manner as other moneys in the Construction Fund. Section 13. The City hereby reserves the right to issue additional Sewer Revenue Bond Anticipation Notes for the purpose of refunding the Notes herein ordered issued at or prior to maturity and for paying additional costs of extending, enlarging and improving the City's Sewer System. This ordinance shall constitute an irrevocable contract between the City and the registered owners of all of said Notes and said contract cannot be changed or altered without the -16- written consent of the registered owners of 75% in principal amount of Notes then outstanding. Section 14. The City Treasurer shall be bonded, including coverage under her official bond, in an amount sufficient to cover at all times all moneys which may be placed in her hands pursuant to the provisions of this ordinance. Any other person employed by the City in the collection or handling of moneys derived from or related to the City's Sewer System and derived from and related to the funds provided for in this ordinance shall also be bonded in amounts sufficient to cover all moneys which may at any time be placed in his hands. The amount of such bonds shall be fixed by the Mayor and Council and such bonds shall have as surety thereon a reputable insurance company authorized to do business in the State of Nebraska. Section 15. The City will maintain as long as any of said Notes are outstanding with reputable insurance companies insurance on the City's Sewer System including improvements described in Section 1, of the kind and in the amounts as would commonly be carried by private utilities engaged in and operating the same or similar utilities. Such insurance shall include, but not necessarily be limited to, workers' compensation, public liability, fire, windstorm and comprehensive coverage. In the event of any loss or damage to any part of the Sewer System, the proceeds of which may be collected or paid on any policy or policies covering the same, shall -17 be used by the City to rehabilitate said Sewer System. Section 16. The City hereby covenants to the purchasers and holders of the Notes hereby authorized that it will make no use of the proceeds of said Note issue which would cause the Notes to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 19'86, as amended (the "Code "), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said note issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Notes. The City hereby designates the Notes as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(I l) of the Code and covenants and warrants that it does not reasonably expect to issue tax- exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1995. Section 17. If any section, paragraph, clause, or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance Section 18. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of said conflict hereby repealed. Section 19. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 20. This ordinance shall be published in pamphlet form and shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED this 194-1-1 day of Septamhar 1995. Oei;7_4 /D v4 K,V-XIYV City Clerk -18- Michael A. Mines, Mayor ORDINANCE NO. 1768 An Ordinance rezoning all of Block 9 in the City of Blair, Washington County, Nebraska, lying south and west of Tax Lot 191 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Tax Lot 191 in Section 12, Township 18 North, Range 11 East; that part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 18 North, Range 11 East of the 6th P.M., bounded as follows: On the Southeasterly side by the North line of Nebraska Street; on the Southwesterly side by a line parallel with and distant 8.5 feet Southwesterly measured at right angles from the center line of Chicago and North Western Railway Company (formerly the Chicago, St. Paul, Minneapolis, and Omaha Railway Company) spur track ICC No. 67 (now removed) as said spur track was located prior to its remov- al; on the Northwesterly side by the East line of 16th Street; and on the Northeasterly side by a line parallel with and distant 50 feet Northeasterly measured at right angles from the center line of the main track (now removed) of the Omaha and North Western Railroad Company (later the Chicago, St. Paul, Minneapo- lis, and Omaha Railway Company now the Chicago and North Western Railway Company) as said main track center line was originally located and established across said Section 12, from CN - Neigh- borhood Commercial District to ML - Light Industrial and Manufac- turing 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 all of Block 9 in the City of Blair, Washing- ton County, Nebraska, lying south and west of Tax Lot 191 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, Tax Lot 191 in Section 12, Township 18 North, Range 11 East; that part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 18 North, Range 11 East of the 6th P.M., bounded as follows: On the Southeasterly side by the North line of Nebraska Street; on the Southwesterly side by a line parallel with and distant 8.5 feet Southwesterly measured at right angles from the center line of Chicago and North Western Railway Company (formerly the Chicago, St. Paul, Minneapolis, and Omaha Railway Company) spur track ICC No. 67 (now removed) as said spur track was located prior to its remov- al; on the Northwesterly side by the East line of 16th Street; and on the Northeasterly side by a line parallel with and distant 50 feet Northeasterly measured at right angles from the center line of the main track (now removed) of the Omaha and North Western Railroad Company (later the Chicago, St. Paul, Minneapo- lis, and Omaha Railway Company now the Chicago and North Western Railway Company) as said main track center line was originally located and established across said section 12, from CN - Neigh- borhood Commercial District to ML - Light Industrial and Manufac- turing 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 14th day of November, 1995. MICHAEL A. MINES, pilAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of November, 1995. .° z SEAL ; * I # FIRST CLASS : 0 NZ A t o6C .E )ss ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1769 AN ORDINANCE ANNEXING THE REAL ESTATE DESCRIBED AS TAX LOTS 128, 129, 13, 105, 217, AND 218 IN 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 City of Blair desires to annex said real estate which is adjacent and contiguous to the current municipal corpo- rate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tract of land described as Tax Lots 128, 129, 13, 105, 217, and 218 in 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'con- flict 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 _28th day ofNovember, 1995. CITY OF BLAIR, NEBRASKA MICHAE A. MINES, MAYOR 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 28th day of November, 1995. 0 1 ,1 it .0_1-frf ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. J..ZZO, AN ORDINANCE REZONING THE WEST 20 FEET OF LOT 7, LOTS 8 THROUGH 15, AND LOTS 17 THROUGH 20, AND ALL OF THE VACATED FIFTEENTH STREET RIGHT OF WAY ADJACENT THERETO, ALL IN BLOCK 17I�tINT THE EA CITY ITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RMH RESIDENTIAL HIGH DENSITY DISTRICT TO ML - LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA - SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of the west 20 feet of Lot t 7 Lots 8 through 15, and Lots 17 through 20, and all of the vacated Fifteenth Street right of way adjacent thereto, call in Block 17 in the City of Blair, Washington County, Nebras ka, from RMH - Medium Family Residential High Density District to ML - Light Industrial and. Manufacturing District. SECTION 2. Be it further ordained by the Mayor and City Council of the city of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as 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 14th day of November, 1995. MICHAEL A. MINES, MAYOR ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of November, 1995. ALICE I. DIEDRICHSEN, CITY CLERK AN ORDINANCE AMENDING SECTION 6 -501 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, SUCH AMENDMENT INCREASING THE FINES FOR VIOLATION OF ARTICLE 1 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, 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 6 -501 is amended to read as follows: Sec. 6 -501 Violations; Penalties. It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with, or violating any of the provisions of this chapter, shall unless specifically provided otherwise, be deemed to be guilty of a Class III misdemeanor as defined by the Statutes of the State of Nebraska, Section 28 -106, and upon conviction thereof shall be fined accordingly. Provided, howev- er, that conviction for violation of Article 1 of Chapter 6 shall result in a fine for the first offense in any calendar year of the sum of $25.00, for the second offense in any one calendar year the sum of $50.00, and for the third offense in any one calendar year the sum of $100.00. Further provided, however, that conviction for violation of Section 6 -336 shall be deemed a conviction of a Class II misdemeanor as defined by the Statutes of the State of Nebraska and upon conviction thereof fined ac- cordingly. 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: 1 � 466 ret�avieui��� ` o ALICE/I.OlitnbR1AEN, CITY CLERK (s Pi ) SEAL nitv CUM 4: ° 4 ORDINANCE NO. 1771 Passed and approved this 14th day of November, 1995. �MLCHAEL A. MINES, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY )ss ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of November, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1772 AN ORDINANCE REZONING LOTS 21 THROUGH 25 IN BLOCK 17, IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RMH - MULTI- FAMILY RESIDENTIAL HIGH DENSITY DISTRICT TO ML - LIGHT:' INDUSTRIAL AND MANUFACTURING DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended - so as to change the zoning designation of Lots 21 through 25 in Block 17 in the City of Blair, Washington County, Nebraska, from RMH - Medium Family Residential High Density District to ML - Light Industrial and Manufacturing District. SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as 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 12th day of December, 1995. ATTEST: ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) MICHAEL A. MINES, MAYOR O,Qa e,, rf,` � o ia e e CITY OF o• N. i SEAL6�•0 C i m • O • FIRST CLASS 4 . • • e o ,ig R STATE OF NEBRASKA )ss WASHINGTON COUNTY ) ALICE I. DIEDRICHSEN, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of December, 1995. ALICE I. DIEDRICHSEN, CITY CLERK ORDINANCE NO. 1 713 AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($780,000) FOR THE PURPOSE OF PAYING THE COSTS OF IMPROVING STREETS AND INTERSECTIONS IN PAVING DISTRICT NOS. 153, 154 AND 155; PAYING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT NOS. 31, 32 AND 33; PAYING THE COSTS OF SEWER IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS. 49, 50 AND 51; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and Council hereby find and determine: that pursuant to ordinances heretofore duly enacted, Paving District Nos. 153, 154 and 155 were created in said City and certain street improvements were constructed in said Districts; that said improvements have been completed and accepted and hereby are accepted by the City; that the cost of said improvements, as reported by the City's Engineer, is not less than $699,688.98, of which $651,585.53 is District cost and $48,103.45 is the cost of improving intersections and areas formed by the crossing of streets, avenues or alleys and one -half of the streets adjacent to real estate owned by the City; that additional miscellaneous costs including issuance costs have been or are being incurred for said improvements; that special assessments have been levied according to law on the real estate in said Districts specially benefited by said improvements and such special assessments are valid liens on the lots - and tracts of land upon which they are assessed; that after applying available monies collected from the special assessments and other funds available for such purpose, there still remains due and payable from the City on the district costs not less than $488,000 and on the intersection costs not less than $47,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Intersection Improvement Bonds in the amount of $47,000 pursuant to Section 16-626 R.R.S. Neb. 1943, and to the issuance of Street Improvement Bonds of said Districts in the amount of $488,000 pursuant to Section 16-623 R.R.S. Neb. 1943, do exist and have been done as required by law. Section 2. The Mayor and Council further find and determine that pursuant to ordinances duly enacted Sanitary Sewer Extension District Nos. 49, 50 and 51 were created for said City and certain improvements were constructed in said Districts; that said improvements have . been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $202,026.23; that in addition, the City has incurred additional costs for interest on warrants and of miscellaneous expenses; that special assessments have been levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $157,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Sanitary Sewer Service Extension Bonds of said Districts in the amount of $157,000 pursuant to Section 19 -2405, R.R.S. Neb. 1943, do exist and have been done as required by law. Section 3. The Mayor and Council further find and determine: that pursuant to ordinances duly enacted Water Extension District Nos. 31, 32 and 33 were created for said City and certain improvements were constructed in said Districts; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $113,592.67; that in addition, the City has incurred additional costs for interest on warrants and of miscellaneous expenses; that special assessments have been levied -2- according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $88,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Water Service Extension Bonds of said Districts in the amount of $88,000 pursuant to Section 19 -2405, R.R.S. Neb. 1943, do exist and have been done as required by law. Section 4. The Mayor and Council of the City of Blair, Nebraska, further fmd and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Blair, Nebraska, in the principal amount of Seven Hundred Eighty Thousand Dollars ($780,000) under Sections 18 -1801 and 18 -1802 R.R.S. Neb. 1943, as amended, to pay the cost of improvements mentioned in Sections 1, 2 and 3 hereof do exist and have been done as required by law. Section 5. For the purposes described in Sections 1, 2 and 3, hereof, there shall be and there are hereby ordered issued, Various Purpose Bonds, Series 1996 A, of the City of Blair, Nebraska, in the principal amount of Seven Hundred Eighty Thousand Dollars ($780,000) (the "Series 1996 A Bonds ") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360 -day year consisting of twelve 30-day months) and maturing on January 15 of each year in the principal amounts as follows: Principal Interest Amount Date of Maturity Rate $65,000 January 15, 1997 3.90% 65,000 January 15, 1998 4.00 70,000 January 15, 1999 4.10 70,000 January 15, 2000 4.20 75,000 January 15, 2001 430 80,000 January 15, 2002 4.40 85,000 January 15, 2003 4.50 85,000 January 15, 2004 4.60 90,000 January 15, 2005 4.70 95,000 January 15, 2006 4.80 The Series 1996 A Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the Series 1996 A Bonds shall be January 15, 1996. Interest on the Series 1996 A Bonds, at the respective rates for each maturity, shall be payable on January 15, 1997 and semiannually thereafter on July 15 and January 15 of each year (each of said dates an "Interest Payment Date ") and the Series 1996 A Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which each Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 7 hereof. The Series 1996 A Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 1996 A Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 1996 A Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 1996 A Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 6 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date -4- to the registered owner of each Series 1996 A Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as . shown on the books of registration as required to be maintained in Section 6 hereof. Payments of principal and accrued interest thereon due at maturity or at any date fixed for redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 1996 A Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 1996 A Bond as the absolute owner of such Series 1996 A Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Series 1996 A Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Series 1996 A Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Series 1996 A Bonds or claims for interest to the extent of the sum or sums so paid. Section 6. The City Treasurer is hereby designated as the Paying Agent and Registrar for the Series 1996 A Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 1996 A Bonds at the City offices. The names and registered addresses of the registered owner or owners of the Series 1996 A Bonds shall at all times be recorded in such books. Any Series 1996 A Bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Series 1996 A Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly -5- authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 1996 A Bond or Series 1996 A Bonds of the same interest rate, aggregate principal amount maturity. To the extent of the denominations authorized for the Series 1996 A Bonds by this Ordinance, one Series 1996 A Bond may be transferred for several such Series 1996 A Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such Series 1996 A Bonds may be transferred for one or several such Series 1996 A Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 1996 A Bond, the surrendered Series 1996 A Bond shall be canceled and destroyed. All Series 1996 A Bonds issued upon transfer of the Series 1996 A Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 1996 A Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1996 A Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 1996 A Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Series 1996 A Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 7. In the event that payments of interest due on the Series 1996 A Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 1996 A Bonds as of a special date of record for payment of such defaulted -6- interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 8. If the date for payment of the principal of or interest on the Series 1996 A Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 9. Series 1996 A Bonds maturing January 15, 2002, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after January 15, 2001, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Series 1996 A Bonds to be redeemed in its sole discretion but the Series 1996 A Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 1996 A Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 1996 A Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 1996 A Bond called for redemption shall be given at the direction of tiie City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Series 1996 A Bond at said owner's registered address. Such notice shall designate the Series 1996 A Bond or Series 1996 A Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Series 1996 A Bond or Series 1996 A Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 1996 A Bond -7- partially redeemed, such notice shall specify the portion of the principal amount of such Series 1996 A Bond to be redeemed. No defect in the mailing of notice for any Series 1996 A Bond shall affect the sufficiency of the proceedings of the City designating the Series 1996 A Bonds called for redemption or the effectiveness of such call for Series 1996 A Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Series 1996 A Bond for which defective notice has been given. Section 10. The Series 1996 A Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON VARIOUS PURPOSE BOND OF THE CITY OF BLAIR, NEBRASKA _ SERIES 1996 A No. $ Interest Rate Maturity Date Date of Original Issue Cusin No. • January 15, January 15, 1996 Registered Owner: Principal Amount: Dollars ($ ) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable on January 15, 1997, and semiannually thereafter on July 15 and January 15 of each year (each of said dates an "Interest Payment Date "). Said interest shall be computed on the basis of a 360 -day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of Seven Hundred Eighty Thousand Dollars ($780,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of paying -9- the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Paving District Nos. 153, 154 and 155; paying the cost of water improvements in Water Extension District Nos. 31, 32 and 33; paying the costs of sewer improvements in Sanitary Sewer Extension District Nos. 49, 50 and 51, all in strict compliance with Sections 1.6- 623,16 -626, 18 -1801, 18 -1802, and 19 -2405, R.R.S. Neb. 1943, as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing January 15, 2002 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after January 15, 2001, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registiur and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a S thirday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The special assessments levied upon real estate specially benefited by the improvements in said districts are valid liens on the lots and tracts of land upon which they have been levied and when collected shall be set aside and constitute a sinking fund for the payment of the principal and interest of this bond and the bonds of this issue; the City agrees that it will collect said special assessments and, in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of said bonds as the same become due. -10- This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. A i TEST: City Clerk (SEAL) CITY OF BLAIR, NEBRASKA Mayor CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. (Form of Assignment) For value received hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D. No. ) the within bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises Signature Guaranteed By Dated: -12- City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska Registered Owners) Authorized Officer(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Section 11. Each of the Series 1996 A Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 1996 A Bonds shall be issued initially as "book-entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations ") in the form required by the Depository, for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Series 1996 A Bonds. With respect to the issuance of the Series 1996 A Bonds as "book- entry- only" bonds, the following provisions shall apply: (a) • The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds Series 1996 A Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a Series 1996 A Bond from a Bond Participant while the Series 1996 A Bonds are in book - entry form (each, a "Beneficial Owner ") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 1996 A Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 1996 A Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 1996 A Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 1996 A Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 1996 A Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond. -13- (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 1996 A Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior. written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Series 1996 A Bonds or (ii) to make available Series 1996 A Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 1996 A Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 1996 A Bonds be delivered to the ultimate beneficial owners of the Series 1996 A Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 1996 A Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 1996 A Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 1996 A Bond is register d in the name of the Depository or any nominee thereof; all payments with respect to su h Series 1996 A Bond and all notices with respect to such Series 1996 A Bond shall be a and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 1996 A Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 1996 A Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar's Agreement. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event cf partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for -14- issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case an officer whose signature or facsimile thereof shall appear on any Series 1996 A Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer o officers had remained in office until the delivery of such bond. The Series 1996 A Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the Series 1996 A Bonds to be registered in the office of the Auditor of :?ublic Accounts of the State of Nebraska. Thereafter the Series 1996 A Bonds shall be delivered to the Paying Agent and Registrar for .r, ia).ion and authentication. Upon execution, registration and authentication of the Series 1996 A Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Smith Barney Inc., Chiles Heider Division, as initial purchaser thereof upon receipt of 98.5% of the principal amount of the Series 1996 A Bonds plus accrued interest thereon to date of payment for the Series 1996 A Bonds. Said initial purchaser shall have the right to direct the registration of the Series 1996 A Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 1996 A Bonds which shall be delivered to said purchaser. Section 12. The proceeds of the; Series 1996 A Bonds shall be applied to the payment of costs of construction of the improvements described in Sections 1, 2 and 3 hereof or to the payment -15- of warrant or other indebtedness incurred for the payment of said costs and to pay issuance costs. Any accrued interest received from the sale of the Series 1996 A Bonds shall be applied to pay interest falling due on said Series 1996 A Bonds on January 15, 1997. Expenses of issuance of the Series 1996 A Bonds may be paid from the proceeds of the Series 1996 A Bonds. Section 13. The special assessments levied as described in Sections 1, 2 and 3 of this Ordinance and the interest on said assessments shall constitute a sinking fund for the payment of the principal and interest of the Series 1996 A Bonds. The City agrees that it will collect said special assessments and, in addition thereto, shall cause to be levied and collected annually a special levy of on all the taxable property in the City, in addition to all other taxes, sufficient in rate and • amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal and interest of the Series 1996 A Bonds when and as such principal and interest become due. Section 14. The City hereby covenants to the purchasers and holders of the Series 1996 A Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 1996 A Bonds, which would cause the Series 1996 A Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 1996 A Bonds. The City hereby designates the Series 1996 A Bonds as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(ll1) of the Code and covenants and warrants that -16- the Series 1996 A Bonds are not "private activity bonds" as such term is defined in Section 141(a) of the Code, that it does not reasonably expect to issue tax-exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 1996, and that it has not designated more than $10,000,000 of obligations (including the Series 1996 A Bonds herein authorized) during the 1996 calendar year to the date of this Ordinance as qualified tax-exempt obligations. Section 15. The City's obligations under this Ordinance with respect to any or all of the Series 1996 A Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 1996 A Bonds and any such Series 1996 A Bond shall no longer be deemed to be outstanding hereunder if such Series 1996 A Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment or (ii) direct general obligations (iincluding obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations ") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 1996 A Bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision -.17- for the giving of such notice. Any money so deposited with such bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company in excess of the amount required to pay principal of and interest on the Series 1996 A Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected Section 16. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 17. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. Passed and approved this t2- day of .Liu 1995. Attest City Clerk Mayor �' .