1999ORDINANCE NO. 1869
AN ORDINANCE AMENDING SEC IIONS 705.02 AND 705.04(2) OF THE COMPRIMENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR
CHURCHES, PARSONAGES AND OTHER RELIGIOUS INSTITUTIONS TO BE PERMI'I IED
PRINCIPAL USES AND STRUCTURES IN THE RMH MULTI- FAMILY RESIDENTIAL HIGH
DENSITY DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL B E 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 text of Section 705.02 of the Comprehensive Zoning Ordinance of the City
of Blair, Nebraska, is hereby repealed in its entirety and replaced with the following provisions, to-
wit:
"705.02 PERMITTED PRINCIPLE USES AND STRUCTURES:
The following shall be permitted as uses by right:
(1) Single - family dwellings;
(2) Attached single- family dwellings;
(3) Two - family dwellings;
(4) Residential condominiums pursuant to Section 1116;
(5) Multiple - family dwellings with forty -eight (48) or fewer living units;
(6) Churches. parsonages and other religious institutions."
SECTION 2. Section 705.04(2) of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska, is hereby amended by deleting "churches, parsonages and other religious institutions" as
a conditional use.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Ai LEST:
PASSED AND APPROVED this 12th day of January, 1999.
BRENDA R. TAYLOR, CLERIC
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAB, NEBRASKA
• BY
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualifi
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance
approved at a regular meeting of the Mayor and City Council of said City held on
January, 1999.
CHAEL A. MINES, MA Y R
and acting
passed and
12th day of
BRENDA R. TAYLOR, M'' CLERK
ORDINANCE NO. 1 870
AN ORDINANCE AMENDING SECTION 204 OF THE COMPREHENSIVE ZONING
ORINDNACE OF THE CITY OF BLAIR, NEBRASKA, TO REQUIRE THAT ALL OFF -
STREET PARKING BE HARD SURFACED; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. Section 204 of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska is hereby amended to contain the following provisions:
"SECTION 204 OPEN SPACE, OR OFF- STREET PARKING OR LOADING
SPACE
No part of a yard, or other open space, or off-street parking or load' space required
about or in connection with any building for the purpose of complying with Ordinance shall
be included as part of a yard, open space or off-street parking or loading space similarly required
for any other building.
Off-street parking spaces in any residential, commercial or industrial d' 'ct shall be hard
surfaced with either portland cement, concrete or asphalt and shall also comFly with all other
requirements for off-street parking space, including the provisions set forth in Section 303.01
and Section 1111.03 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska."
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
PASSED AND APPROVED this 12 day of January, 1999.
CITY OF BLAIR, NEBRASKA
BY /'� . .�itd -,
MICHAEL A. MINES, MAYOR
A1"1EST:
BRENDA R. TAYLOR, CLERK
(SEAL)
STM E OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR, hereby certifies that she is the duly appoint«xl, 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 saki City held on the
12 day of January, 1999.
BRENDA R. TAYLORTTY CLERK
ORDINANCE NO. 1871
AN ORDINANCE AMENDING SECTION 705(1)(B) OF THE SUBDIVISION REGULATION
ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, BY PROVIDING FOR DEDICATION
RIGHT -OF -WAY GHT -OF -WAY FOR LOT SPLITS; ALSO AMENDING SECTION 701.08(1 OF THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA,
PERTAINING TO THE MINIMUM DEPTH OF FRONT YARDS IN THE 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, AS FOLLOWS:
SEC, HON 1. The text of Section 705(1)(B) of the Subdivision Regulation Ordinance of the
City of Blair, Nebraska, is hereby repealed in its entirety and replaced with the following provisions,
to -wit:
`B. Additional requirements or provisions pertaining to lot split applications are as
follows:
1. Lot splits platted along existing streets shall include dedication to the
public of right -of -way pursuant to the provisions of Section 502.03 of these
Subdivision Regulations.
2. The Planning Commission may make such additional requirements cleaned
necessary to carry out the intent and policy of existing land development regulations
and governing body policy which may include, but not be limited to, installatiotiof
public facilities and submission of covenants for the protection of other landowners
in the original subdivision.
3. The City Council, after recommendation of the Planning Commission, +ay
waive any of the restrictions herein prohibiting the approval of a lot split upon the
following conditions:
(a) In the event the application is accompanied by an approval of the
County Surveyor indicating that upon granting of the lot split any re
substandard size lot will be combined with an existing lot and redesignat as
one tract, the lot split shall not be approved unless such redesignated act
meets all of the requirements for the granting of lot splits herein; or
(b) 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 appended, binding the transferees, grantees, and the assignees
of the owners, providing that the resulting split tracts will be permanently
appended to the contiguous lot with common ownership. Permanently
appended shall mean that the resulting partial lot or the contiguous lot y
not be conveyed without the other in a simultaneous transaction to the same
grantee."
SECTION 2. The text of Section 701.08(1) of the Comprehensive Zoning Ordinance of the
City of Blair, Nebraska, is hereby repealed in its entirety and replaced by the following pnvision, to-
wit:
"701.08(1) Front yard: There shall be a minimum front yard of not less than a depth
of one - hundred (100) feet from the center line of Federal Aid- Primary or Federal Aid
Secondary designated street or highway or thirty -five (35) feet from the property i e,
whichever is greater. On all other streets or highways there shall be a minimum ont
yard of not less than a depth of ninety (90) feet from the center line of the stre or
highway or fifty (50) feet from the property line, whichever is greater. These yard
requirements shall apply to any yard abutting a Federal Aid - Primary or a Federal Aid-
Secondary designated street or highway, or all other streets or highways, regard ess
of the lot being an interior or corner lot."
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 12 day of January, 1999.
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA it TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and ftac Ordinance passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 12 day of
January, 1999.
BRENDA it TAYLOR, '► CLERK
ORDINANCE NO. 1872
AN ORDINANCE REZONING TAX LOT 73 IN SECTION 23, TOWNSHIP 18 NORTH, RANGE
11, EAST OF THE 6' P.M. IN WASHINGTON COUNTY, NEBRASKA, FROM GENERAL
AGRICULTURAL DISTRICT (AGG) TO AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT (ACH), 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 Tax Lot 73 in Section 23, Township 18 North, Range 11, East of the 6
P.M. in Washington County, Nebraska from General Agricultural District (AGG) to
Agricultural/Highway Commercial District (ACH).
SECTION 2. Be it further ordained by the Mayor and City Council. of the City of Blair that
the official zoning maps of the City of Blair should be changed to reflect the zoning as established
hereby.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Passed and approved this 23 day of February, 1999.
CITY OF BLAIR, NEBRASKA
E
MICHAEL A. MINES, MAYOR
iEST:
.6/7,44 1 4„en__
BRENDA R. TAYLORITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, gnalified, and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly
passed and apps, 3/4 at a regular meeting of the Mayor and City Council of said City held on the 23
day of February, 1999.
BRENDA IL TAYLOR, CAS' CLERK
ORDINANCE NO. 1873
AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE
CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF ONE MILLION FIVE
HUNDRED EIGHTY THOUSAND DOLLARS ($1,580,000) FOR THE PURPOSE OF PAYING
THE COSTS OF IMPROVING STREETS AND INTERSECTIONS IN STREET IMPROVEMENT
DISTRICT NOS. 174 AND 175; PAYING THE COST OF STREET IMPROVEMENTS IN GAP
PAVING DISTRICT NO. 171; PAYING THE COST OF WATER IMPROVEMENTS IN WATER
EXTENSION DISTRICT NOS. 36 AND 37; PAYING THE COSTS OF SEWER
IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS. 55 AND 56;
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, Street Improvement District Nos. 174 and 175, 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 $1,197,763, of which $1,055,664 is District cost and
$142,099 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 interest on warrants or other indebtedness and issuance costs have
been or are being incurred for said improvements; that special assessments have been or shall be
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 $882,950 and on the intersection costs not less than $118,850; 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 $118,850 pursuant to Section 16 -626 R.R.S. Neb. 1997, and to the issuance
of Street Improvement Bonds of said Districts in the amount of $ 882,950 pursuant to Section 16 -623
R.R.S. Neb. 1997, do exist and have been done as required by law.
Section 2. The Mayor and Council further find and determine that pursuant to resolution
heretofore duly adopted, Gap Paving District No. 171 was established in said City and certain street
improvements were ordered constructed; 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 $58,030; that additional miscellaneous costs including interest on warrants
and issuance expenses have been or are being incurred for said improvements; that special
assessments have been or shall be 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 the special assessments
and other funds available for such purpose, there still remains due and payable from the City on the
costs attributable to said improvements, not less than $60,350; that all conditions, acts and things
required by law to exist or to be done precedent to the issuance of Paving Bonds in the amount of
$60,350 pursuant to Section 18 -2003 R.R.S. Neb. 1997, 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 Sanitary Sewer Extension District Nos. 55 and 56 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
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City's engineers is not less than $451,904; that in addition, the City has incurred additional costs for
interest on warrants and other indebtedness and miscellaneous expenses; that special assessments
have been or shall be 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
$378,000; 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
$378,000 pursuant to Section 19 -2405, R.R.S. Neb. 1997, do exist and have been done as required
by law.
Section 4. The Mayor and Council further find and determine that pursuant to ordinances
duly enacted Water Extension District Nos. 36 and 37 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 $167,252; that in addition, the City has incurred additional costs for
interest on warrants and other indebtedness and miscellaneous expenses; that special assessments
have been or shall be 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
$139,850; 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 $139,850
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pursuant to Section 19 -2405, R.R.S. Neb. 1997, do exist and have been done as required by law.
Section 5. The Mayor and Council of the City ofBlair, 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 One Million Five
Hundred Eighty Thousand Dollars ($1,580,000) under Sections 18 -1801 and 18 -1802 R.R.S. Neb.
1997, as amended, to pay the cost of improvements mentioned in Sections 1, 2, 3 and 4 hereof do
exist and have been done as required by law.
Section 6. For the purposes described in Sections 1, 2, 3 and 4, hereof, there shall be and
there are hereby ordered issued, Various Purpose Bonds, Series 1999, ofthe City ofBlair, Nebraska,
in the principal amount of One Million Five Hundred Eighty Thousand Dollars ($1,580,000) (the
"Series 1999 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
April 15 of each year in the principal amounts as follows:
Principal Interest
Amount Date ofMaturity Rate
$135,000 April 15, 2000 3.50%
135,000 April 15, 2001 3.65
140,000 April 15, 2002 3.75
145,000 April 15, 2003 3.85
155,000 April 15, 2004 3.95
160,000 April 15, 2005 4.05
165,000 April 15, 2006 4.15
175,000 April 15, 2007 4.25
180,000 April 15, 2008 4.30
190,000 April 15, 2009 4.40
The Series 1999 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 1999 Bonds shall be April 15,
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1999. Interest on the Series 1999 Bonds, at the respective rates for each maturity, shall be payable
on April 15, 2000 and semiannually thereafter on October 15 and April 15 of each year (each of said
dates an "Interest Payment Date ") and the Series 1999 Bonds shall bear such interest from the date
of original issue or the most recent Interest Payment Date, whichever is later. The interest due on
each Interest Payment Date shall be payable to the registered owners of record as of the close of
business on the last business day of the month immediately preceding the month in which the
Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 8 hereof. The
Series 1999 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 1999
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 1999 Bonds
issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof.
Payments of interest due on the Series 1999 Bonds prior to maturity or date of redemption shall be
made by the Paying Agent and Registrar, as designated pursuant to Section 7 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 Series 1999 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 7 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 1999 Bonds to said Paying Agent
and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any
Series 1999 Bond as the absolute owner of such Series 1999 Bond for the purpose of making
payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar
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shall be affected by any notice or knowledge to the contrary, whether such Series 1999 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 1999 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 1999 Bonds or claims for interest to the extent
of the sum or sums so paid.
Section 7. The City Treasurer is hereby designated as the Paying Agent and Registrar for
the Series 1999 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books
for the registration and transfer of the Series 1999 Bonds at the City offices. The names and
registered addresses of the registered owner or owners of the Series 1999 Bonds shall at all times
be recorded in such books. Any Series 1999 Bond may be transferred pursuant to its provisions at
the office of said Paying Agent and Registrar by surrender of such Series 1999 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 1999 Bond or Series 1999 Bonds of the same interest rate, aggregate principal amount
and maturity. To the extent of the denominations authorized for the Series 1999 Bonds by this
Ordinance, one Series 1999 Bond may be transferred for several such Series 1999 Bonds of the same
interest rate and maturity, and for a like aggregate principal amount, and several such Series 1999
Bonds may be transferred for one or several such Series 1999 Bonds, respectively, of the same
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interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a
Series 1999 Bond, the surrendered Series 1999 Bond shall be canceled and destroyed. All Series
1999 Bonds issued upon transfer of the Series 1999 Bonds so surrendered shall be valid obligations
of the City evidencing the same obligations as the Series 1999 Bonds surrendered and shall be
entitled to all the benefits and protection of this Ordinance to the same extent as the Series 1999
Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar
shall not be required to transfer any Series 1999 Bond during any period from any Record Date until
its immediately following Interest Payment Date or to transfer any Series 1999 Bond called for
redemption for a period of 30 days next preceding the date fixed for redemption.
Section 8. In the event that payments of interest due on the Series 1999 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 shah be payable to the registered owners
of the Series 1999 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 9. If the date for payment of the principal of or interest on the Series 1999 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 10. Series 1999 Bonds maturing April 15, 2005, and thereafter shall be subject to
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redemption, in whole or in part, prior to maturity at any time on or after April 15, 2004, at par plus
accrued interest on the principal amount redeemed to the date fixed for redemption. The City may
select the Series 1999 Bonds to be redeemed in its sole discretion but the Series 1999 Bonds shall
be redeemed only in amounts of $5,000 or integral multiples thereof. Series 1999 Bonds redeemed
in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 1999
Bonds evidencing the unredeemed principal thereof. Notice ofredemption of any Series 1999 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 1999 Bond at said owner's registered address. Such notice
shall designate the Series 1999 Bond or Series 1999 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 1999 Bond
or Series 1999 Bonds are to be presented for prepayment at the office of said Paying Agent and
Registrar. In case of any Series 1999 Bond partially redeemed, such notice shall specify the portion
of the principal amount of such Series 1999 Bond to be redeemed. No defect in the mailing of notice
for any Series 1999 Bond shall affect the sufficiency of the proceedings of the City designating the
Series 1999 Bonds called for redemption or the effectiveness of such call for Series 1999 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 1999 Bond for which defective notice has been given.
Section 11. The Series 1999 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 1999
No. $
Interest Rate
Registered Owner:
Principal Amount:
Maturity Date Date of Original Issue Cusiv No.
April 15, April 15, 1999
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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
April 15, 2000, and semiannually thereafter on October 15 and April 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 �r 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 One
Million Five Hundred Eighty Thousand Dollars ($1,580,000), 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 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 Street
Improvement District Nos. 174 and 175; paying the cost of street improvements in Gap Paving
District No. 171; paying the cost of water improvements in Water Extension District Nos. 36 and
37; paying the .costs of sewer improvements in Sanitary Sewer Extension District Nos. 55 and 56,
all in strict compliance with Sections 16 -623, 16 -626, 18 -1801, 18 -1802, 18 -2003 and 19 -2405,
R.R.S. Neb. 1997, 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 April 15, 2005, and thereafter are subject to redemption at the
option of the City, in whole or in part, at any time on or after April 15, 2004, at par plus interest
accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption
shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's
address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds
may be redeemed in part but only in $5,000 amounts or integral multiples thereof.
This bond is transferable by the registered owner or such owner's attorney duly authorized
in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this
bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and
maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds,
subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other
person may treat the person in whose name this bond is registered as the absolute owner hereof for
the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any
notice to the contrary, whether this bond be overdue or not.
If the date for payment of the principal of or interest on this bond shall be a Saturday,
Sunday, legal holiday or a day on which banking institutions in the City of Blair, 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 CERl'.lPIED 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 or shall be 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 levy and 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
-10-
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.
ATTEST:
City Clerk
(SEAL)
CITY OF GLAIR, 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.
Signature Guaranteed
By
Authorized Officer(s)
(Form of Assignment)
Dated:
City Treasurer,
Paying Agent and Registrar
for the City of Blair, Nebraska
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.
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.
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Section 12. Each of the Series 1999 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 1999 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, (which
maybe in the form of a blanket letter, including any such letter previously executed and delivered),
for and on behalf of the City, which shall thereafter govern matters with respect to registration,
transfer, payment and redemption of the Series 1999 Bonds. With respect to the issuance of the
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Series 1999 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 1999 Bonds as securities depository (each, a "Bond Participant ") or to any
person who is an actual purchaser of a Series 1999 Bond from a Bond Participant while the
Series 1999 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 1999 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 1999 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 1999 Bonds. The `Paying Agent and Registrar shall make
payments with respect to the Series 1999 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 1999 Bonds to the extent of the sum or sums so paid. No person other
than the Depository shall receive an authenticated Bond, except as provided
in (e) below.
(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
1999 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 1999 Bonds or
(ii) to make available Series 1999 Bonds registered in whatever name or names as the
Beneficial Owners transferring or exchanging such Series 1999 Bonds shall designate.
(c) If the City determines that it is desirable that certificates representing the Series
1999 Bonds be delivered to the ultimate beneficial owners of the Series 1999 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 1999 Bonds.
In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond
certificates representing the Series 1999 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 1999 Bond is registered in the name of the Depository or any nominee thereof,
all payments with respect to such Series 1999 Bond and all notices with respect to such
Series 1999 Bond shall be made and given, respectively, to the Depository as provided in the
Letter of Representations.
(e) Registered ownership of the Series 1999 Bonds may be transferred on the books
of registration maintained by the Paying Agent and Registrar, and the Series 1999 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 any).
If for any reason the Depository resigns and is not replaced, the City shall immediately
provide a supply ofprinted bond certificates for issuance upon the transfers from the Depository and
subsequent transfers or in the event of partial redemption. In the event that such supply of
certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for
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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 1999 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 1999 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 1999 Bonds to be registered
in the office of the Auditor of Public Accounts of the State of Nebraska. Thereafter the Series 1999
Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon
execution, registration and authentication of the Series 1999 Bonds, they shall be delivered to the
City Treasurer, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser
thereof, upon receipt of 98.50% of the principal amount of the Series 1999 Bonds plus accrued
interest thereon to date of payment for the Series 1999 Bonds. The officers of the City (or any one
of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on
behalf of the City. Said initial purchaser shall have the right to direct the registration of the Series
1999 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 1999 Bonds which shall be delivered to said purchaser.
Section 13. The proceeds of the Series 1999 Bonds shall be applied to the payment of costs
-15-
of construction of the improvements described in Sections 1, 2, 3 and 4 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 1999 Bonds shall be applied to pay interest
falling due on said Series 1999 Bonds on April 15, 2000. Expenses of issuance of the Series 1999
Bonds may be paid from the proceeds of the Series 1999 Bonds.
Section 14. The special assessments levied and to be levied as described in Sections 1, 2,
3 and 4 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 1999 Bonds. The City agrees that it will levy and
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 1999
Bonds when and as such principal and interest become due.
Section 15. The City hereby covenants to the purchasers and holders of the Series 1999
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 1999 Bonds, which would cause the Series 1999
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 1999 Bonds. The City hereby
designates the Series 1999 Bonds as its "qualified tax- exempt obligations" pursuant to Section
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265(b)(3)(B)(i)(III) of the Code and covenants and warrants that the Series 1999 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 not including
private activity bonds (other than qualified 501(c)3 bonds) aggregating in principal amount more
than $10,000,000 during calendar 1999, and that it has not designated more than $10,000,000 of
obligations (including the Series 1999 Bonds herein authorized) during the 1999 calendar year to the
date of this Ordinance as qualified tax- exempt obligations.
Section 16. The City's obligations under this Ordinance with respect to any or all of the
Series 1999 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such
Series 1999 Bonds and any such Series 1999 Bond shall no longer be deemed to be outstanding
hereunder if such Series 1999 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 (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 ofAmerica (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 1999 Bond to be paid prior to maturity, the City shall have duly called such bond for
-17-
redemption and given notice of such redemption as provided by law or made irrevocable provision
for the giving of such notice. Any money so deposited with such bank or trust company may be
invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest
and income from U.S. Government Obligations in the hands of such bank or trust company in excess
of the amount required to pay principal of and interest on the Series 1999 Bonds for which such
monies or U.S. Government Obligations were deposited shi11 be paid over to the City as and when
collected.
Section 17. In accordance with the requirements of Rule 15c2 -12 (the "Rule ") promulgated
by the Securities and Exchange Commission, the City hereby agrees that it will provide the
following continuing disclosure information:
(1) to Ameritas Investment Corp. (the "Underwriter") and any person making
request at least annually or in the alternative to any state information depository
( "SID") for the State of Nebraska (no such SID currently exists or is presently
expected to exist based upon any current pending legislation), the following financial
information or operating data regarding the City:
(a) the general financial and operating information shown under the heading
"FINANCIAL STATEMENT" in the Official Statement for the Series 1999
Bonds; and;
(b) any additional financial information and operating data which is
customarily prepared by the City, including the City's most recently prepared
audited financial statements which shall be provided for governmental and
fiduciary fund types based on revenues collected and expenses paid, which
is a comprehensive basis of accounting other than generally accepted
accounting principles, and for proprietary fund types on the accrual basis in
accordance with generally accepted accounting principles.
(II) in a timely manner to the Underwriter, to the Municipal Securities Rule Making
Board (the "MSRB "), to the SID (if any) and to any nationally recognized municipal
securities information repository for which the Underwriter makes request, notice of
the occurrence of any of the following events with respect to the Series 1999 Bonds,
if in the judgment of the City, such event is material:
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(1) principal and interest payment delinquencies,
(2) non - payment related defaults,
(3)
(4) unscheduled draws on credit enhancements reflecting financial
difficulties (there is no credit enhancement on the Series 1999
Bonds);
unscheduled draws on debt service reserves reflecting financial
difficulties (there are no debt service reserves established for the
Series 1999 Bonds under the terms of the Ordinance),
substitution of credit or liquidity providers, or their failure to
perform (not applicable to the Series 1999 Bonds);
adverse tax opinions or events affecting the tax- exempt status of
the Series 1999 Bonds,
(7) modifications to rights of the bondholders,
(8) bond calls,
(9) defeasances,
(10) release, substitution, or sale ofproperty securing repayment ofthe
Series 1999 Bonds, and
(11) rating changes (the Series 1999 Bonds are not rated and no rating
for the Series 1999 Bonds is expected to be requested).
The City has not undertaken to provide notice of the occurrence of any other material
event, except the events listed above.
The City reserves the right to modify from time to time the specific types of information provided
or the format of the presentation of such information, to the extent necessary or appropriate in the
judgment of the City, consistent with the Rule. The City hereby designates the City Administrator
as the contact person for requesting information in accordance with this Section 17. The City hereby
agrees that such covenants are for the benefit of the registered owners of the Series 1999 Bonds
(including Beneficial Owners) and that such covenants may be enforced by any registered owner or
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Beneficial Owner, provided that any such right to enforcement shall be limited to specific
enforcement of such undertaking and any failure shall not constitute an event of default under the
Ordinance. The continuing disclosure obligations of the City under the Ordinance, as described
above, shall cease when none of the 1999 Bonds remain outstanding.
Section 18. 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 19. 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 9th day of March . 1999.
Attest:
(SEAL)
City Clerk Brenda R. T ylor
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Mayor
Michael A. Mines
ORDINANCE FAILED W 1'1'H THE FOLLOWING VOTE:
COUNCILMEMBERS VOTING AYE: RYAN, ABBOTT, REALPH.
COUNCILMEMBERS VOTING NAY: BOEKA, MCMANIGAL,
FANOELE, SHOTWELL.
ORDINANCE NO. 1874
AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 176 IN THE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID STREET
IMPROVEMENT DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN,
PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO
BENEFrI'S 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. Pursuant to Sections 16- 617,16- 617.01, 16 -618, 16-619 and 16 -620, R.R.S.
Neb. 1943, Street Improvement District No. 176 be and the same is hereby created within the City
of Blair, Nebraska, the outer boundaries of which District shall include the following - described
properties together with the street described below upon which said properties abut:
Lots 16-30 in Block 35 Original Townsite of Blair
Lots 1 -15 in Block 48 Original Townsite of Blair
Within said District, the street to be improved is:
Washington Street from the centerline of Fourteenth (14 Street to
the centerline of Fifteenth. (15 Street in the City of Blair, Nebraska..
SECTION 2. The improvements to be constructed in Street Improvement District No. 176
may include curbing, guttering, replacement of pedestrian walks, landscaping, lighting systems and
permanent facilities used in connection therewith.
SECTION 3. All of said improvements shall be constructed to the established grades as faxed
by ordinance of said City and shall be constructed in accordance with plans and specifications to be
made by an engineer to be appointed at a later Council meeting and to be approved by the City
Council. Said improvements in Street Improvement District No. 176 shall be made at public cost,
and the cost of such improvements, excepting street intersections, shall be assessed against the
property within said District specially benefited thereby, in proportion to such benefits.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. This r ,, J .., ...,; X11 be in full force and effect from and following the passage
and publication hereof as required by law.
AE1'EST:
Failed this 13 of April, 1999.
BRENDA R. TAYLOR, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY
MICHAEL A. MINES, MAYOR
BRENDA R. TAYLOR 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 s. #r,d at a regular meting of the Mayor and City Council of said City held on the 13
day of April 1999.
BRENDA R. TAYLOR, CITY CLERK
ORDINANCE NO. 1875
AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS TAX LOT
73 IN SECTION 23, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 6 P.M. 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, that parcel of real estate described above is adjacent and contiguous 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 the tract of real estate described as Tax Lot 73, in Section 23, Township
18 North, Range 11, East of the 6 P.M., 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 tract of real estate.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed. SECTION 4. This ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED this 25 day of May, 1999.
CITY OF BLAIR, NEBRASKA
Ai 1'.EST:
(SEAL)
A R. TAYLOR, ` CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qu2l;fed, and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly
passed and approved at the regular meeting of the Mayor and City Council of said City held on the
25 day of May, 1999.
&4,LcJ 11er,e~-~
YLO CLERK
BRENDA R. TA R,
AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 176 IN T HE CITY
OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID STREET
IMPROVEMENT DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND C11`Y COUNCIL OF THE CITY OF BLAIR,
NEBRASKA.
SECTION 1. Pursuant to Sections 16 -617, 16- 617.01, 16 -618, 16 -619 and 16 -620, R.R.S.
Neb. 1943, Street Improvement District No. 176 be and the same is hereby created within the City
of Blair, Nebraska, the outer boundaries of which District shall include the following - described
properties together with the street described below upon which said properties abut:
Lots 16 -20 inclusive, Block 34, Original Townsite of Blair,
Lots 16 -30 inclusive, Block 35 Original Townsite of Blair,
Lots 1 -15 inclusive, Block 48 Original Townsite of Blair,
Lots 11 -15 inclusive, Block 49 Original Townsite of Blair.
Within said District, the street to be improved is:
ORDINANCE NO. 1876
Washington Street from the East line of Lot 20 in Block 34 and the East
line of Lot 11 in Block 49, Original Townsite of Blair to the centerline of
15 Street in the City of Blair, Nebraska.
SECTION 2. The improvements to be constructed in Street Improvement District No. 176
may include curbing, guttering, paving or re- paving of Washington Street, repair of sidewalks,
replacement of street lighting systems and permanent facilities used in connection therewith.
SECTION 3. All of said improvements shall be constructed to the established grades as fixed
by ordinance of said City and shall be constructed in accordance with plans and specifications to be
made by an engineer to be appointed at a later Council meeting and to be approved by the City
Council Said improvements in Street Improvement District No. 176 shall be made at public cost as
the project consists of improvements of existing public facilities for use by the general public.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Passed and approved this 27 day of April, 1999.
Al "1EST:
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY. )
CITY OF BLAIR, NEBRASKA
MI L A. MINES, MAYOR
BRENDA R. TAYLOR 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 27
day of April, 1999.
BRENDA R. TAYLOR, C LERK
AN ORDINANCE AMENDING ORDINANCE NO. 1488 (THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA) BY ADDING SECTIONS TO IMPOSE A TWO PERCENT (2 %)
OCCUPATION TAX FOR RENTAL OF ROOMS AND TO DEFINE " HOTEL", "OCCUPANCY",
"OCCUPANT ", "CONSIDERATION", "COLLECTION", "RECORDS ", "DUE DATE" AND
"INTENT" TO ARTICLE 18 "OCCUPATION TAX" OF CHAPTER 10 `BUSINESS
REGULATIONS" OF THE MUNICIPAL CODE OF 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 E1('F'ECT.
ORDINANCE NO. 1877
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That Ordinance No. 1488 (The Municipal Code of the City of Blair, Nebraska)
is hereby amended to add the following Sections to Article 18 "OCCUPATION TAX" of Chapter
10 `BUSINESS REGULATIONS ", as follows:
Sec. 10 - 1803. HOTEL ACCOMMODATIONS. There is hereby imposed an occupation
tax fee in the amount of two percent (2 %) upon the total consideration charged for occupancy
of any space furnished by any hotel in the City of Blair, Nebraska. (Ref. 81 -1253 RS Neb.)
Sec. 10 - 1804. HOTEL, DEFINED. Hotel shall mean any facility in which the public may,
for a consideration, obtain sleeping accommodations in any space ordinarily used for
accommodations. The term shall include, hotels, motels, tourist hotels; campgrounds, courts,
lodging houses, inns and nonprofit hotels; but "hotel" shall not be defined so as to include
hospitals, sanitariums, nursing homes, chronic care centers, or dormitories or facilities
operated by an educational institution and regularly used to house students. (Ref 81 -1247
RS Neb.)
Sec. 10 - 1805. OCCUPANCY, DEFINED. Occupancy shall mean the use or possession,
or the right to the use or possession, of any space in a hotel, if the space is one ordinarily used
for accommodations and if the occupant's use, possession, or right to the use or possession,
does not exceed a period of thirty (30) days. (Ref. 81 -1249 RS Neb.)
Sec. 10 - 1806 OCCUPANT, DEFINED. Occupant shall mean anyone who, for a
consideration, uses, possesses, or has a right to use or possess, any space in a hotel, if the
space is one ordinarily used for accommodations.
Sec. 10 - 1807. CONSIDERATION, DEFINED. Consideration shall mean the monetary
charge for the use of space in a hotel, only if the space is one ordinarily used for
accommodations and shall not include the charge for any food or beverage served or personal
services rendered to the occupant of such space. (Ref. 81 -1248 RS Neb.)
Sec. 10 -1808. EXCEPTION TO OCCUPATION TAX. Consideration paid for sleeping
accommodations which are not subject to the hotel sales tax imposed by Neb. Rev. Stat. 81-
1253 shall not be subject to this occupation tax.
Sec. 10 -1809. COLLECTION. The tax imposed by this Article shall be collected by the
hotel operator from the occupant of each room to which the tax applies. The tax may be
shown as an add -on to the charge for occupancy of the rooms and shall be collectible at the
time the lodging is furnished, regardless of when the charge for the occupancy is paid. The
operator shall remain responsible for payment of all taxes imposed, whether or not the taxes
are actually collected from the guests.
Sec. 10 -1810. RECORDS. It shall be unlawful for any hotel operator subject to this Article
to fail to maintain or fail to make available to the City, upon seventy -two (72) hours notice,
written records accurately and completely evidencing the number of rooms occupied, the
dates the rooms are occupied, the amount of occupation tax due or paid under this Article,
and such other information as is required by the City Administrator. Such records shall be
maintained for a period of three (3) years after the occupation tax is due.
Sec. 10 -1811. DUE DATE. Notwithstanding any contrary provision of this Section, the tax
imposed by this Article shall be due and payable on the first day of each calendar month next
succeeding the month during which the room was occupied. All taxes not paid by the twenty -
fifty day of the month in which they are due and payable shall be deemed to be delinquent.
The operator shall be assessed a penalty often percent (10 %) on all delinquent amounts as
well as interest of one percent (1 %) per month or fraction thereof from the first of the month
in which such tax becomes due and payable until the date of payment.
Sec. 10 -1812. OCCUPATION TAX PROCEEDS; USE. It is the intent of the City
Council of the City of Blair that the City of Blair shall use the revenue generated by the
occupation tax imposed by this Article for community betterment purposes as defined in Neb.
Rev. Stat. 9 -604, for economic development purposes as defined in Neb. Rev. Stat. 13 -315,
and/or for grants for expanding and improving facilities at any existing visitor attraction,
acquiring or expanding exhibits for existing visitor attractions, or planning or developing such
expansions, improvements or additions; and, furthermore, grants shall be available for any
visitor attraction in the City of Blair owned by the public or any nonprofit organization, the
primary purpose of which is to operate the visitor attraction, except that grants shall not be
available for any visitor attraction where parimutuel wagering is conducted. For purposes of
this Article, visitor attraction shall mean a defined location open to the public, which location
is of educational, cultural, historical, artistic, or recreational significance or provides
entertainment or in which are exhibits, displays or performances of educational, cultural,
historic, artistic, or entertainment value. (Ref 81 -1258; 13 -315; 9 -604 RS Neb.)
Sec. 10 -1813. PENALTY. Any person, partnership, firm or corporation violating any of the
provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction, shall
be subject to a maximum fine of $500.00. In addition, the City of Blair may, by an action in
the District Court, enforce the provisions of this Article through equity and injunctive
ATTEST:
(SEAL)
processes. Each distinct act or violation of the terms of this Article shall constitute a separate
offense.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full, force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 11 day of May, 1999.
BRENDA R. TAYLO CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BRENDA R. TAYLOR 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 11 day of May, 1999.
6,/ 7 rigea
BRENDA R. TAYLORMTY CLERK
ORDINANCE NO. 1878
AN ORDINANCE AMENDING ORDINANCE NO. 1488 (THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA) BY AMENDING SECTION 5 -501 OF CHAPTER 5 "TRAFFIC
REGULATIONS" TO IMPOSE A RESTRICTION ON THE OPERATION OF BICYCLES ON
HANDICAP RAMPS; BY ADDING RESTRICTIONS ON THE USE OF SKATEBOARDS,
ROT T ,F.R BLADES AND ROLLER SKATES ON HANDICAP RAMPS; DEFINING PENALTIES
FOR VIOLATIONS OF THESE SECTIONS; 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 -501 of Chapter 5 "TRAFFIC REGULATIONS" of The
Municipal Code of the City of Blair, Nebraska, as codified in Ordinance No. 1488, is hereby repealed
and rescinded in its entirety.
SECTION 2. That The Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following Section 5 -501 of Chapter 5
"TRAFFIC REGULATIONS ": 0
Sec. 5 - 501. BICYCLE OPERATION. No person shall ride or propel a bicycle on a street
or other public highway of this Municipality with another person on the handlebars or in any
position in front of the operator.
No bicycle shall be ridden faster than is reasonable and proper and in no event in
excess of motor vehicle speed limits and every bicycle shall be operated with reasonable
regard to the safety of the operator and any other persons upon the streets and public
highways. In no event shall a bicycle be operated on sidewalks at a speed in excess of five
(5) miles per hour.
Persons riding bicycles shall observe all traffic signs and stop at all stop signs.
No bicycle shall be permitted on any street or other public highway from one half (%
hour after sunset and one half (%2) hour before sunrise without a headlight, visible under
normal atmospheric conditions, from the front thereof for not less than five hundred (500)
feet indicating the approach or presence of the bicycle, firmly attached to such bicycle, and
properly lighted, or without a yellow, or red, light reflector attached to, and visible five
hundred (500) feet from, the rear thereof The said headlight shall give a clear, white light.
No person shall ride or propel a bicycle upon any street or other public highway
abreast of more than one other person riding or propelling a bicycle.
Every person riding or propelling a bicycle upon any street or other public highway
shall observe all traffic rules and regulations applicable thereto, and shall turn only at
intersections, signal for all turns, ride at the right -hand side of the street or highway, pass to
the left when passing overtaken vehicles and individuals that are slower moving, and shall
pass vehicles to the right when meeting.
Every operator of a bicycle shall yield the right -of -way to a pedestrian.
It shall be unlawful to operate a bicycle on the City streets, alleys or sidewalks unless
the operator guides same with at least one (1) hand on the handle bars.
It shall be unlawful for any person to park a bicycle in a manner such as to
unreasonably obstruct vehicular or pedestrian traffic.
It shall be unlawfiul for any person to ride or propel a bicycle on any ramp designed
or used for handicap access on any sidewalks located on or adjacent to Washington Street
between 14 Street and 19 Street, on 16 Street between Lincoln Street and Front Street
and on 17 Street between Lincoln Street and Front Street in the City of Blair.
SECTION 2. That the Municipal Code of the City of Blair, Nebraska, as codified in
Ordinance No. 1488, is hereby amended by adding the following Section 5- 501.01 to Article 5.
"Bicycles, Motorcycles, Snowmobiles, Mopeds, Roller Skates, and Skateboards" in Chapter 5
"TRAFFIC REGULATIONS ", as follows:
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
AriEST:
Sec. 5- 501.01. Roller Skates, In -Line Skates, Roller Blades. Skateboards; Operation;
Unlawful Use. No person shall ride or propel any skates with wheels on any ramps designed
for handicap access on any sidewalks located on or adjacent to Washington Street between
14 Street and 19 Street, on 16 Street between Lincoln Street and Front Street and on 17
Street between Lincoln Street and Front Street in the City of Blair. For purposes of this
provision, skates with wheels include roller skates, skateboards, in-line skates and roller
blades.
Any person violating the provisions of this Section shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than
$100.00.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
PASSED AND APPROVED this l l day of May, 1999.
BRENDA R. TAYLOR1 iITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 11 day of May, 1999.
4 ,4414.
BRENDA R. TAYLOR, ! CLERK
ORDINANCE NO. 1879
AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF
BLAIR, NEBRASKA (ORDINANCE NO. 1488) BY PROVIDING THAT A MASTER
PLUMBER'S LICENSE, A JOURNEYMAN PLUMBER'S LICENSE, AN APPRENTICE
PLUMBER'S LICENSE, A MASTER HEATING LICENSE, A JOURNEYMAN HEATING
LICENSE, AN APPRENTICE HEATING LICENSE, A GAS FITTER'S LICENSE AND A
DRAIN LAYER'S LICENSE MAY BE ISSUED TO PERSONS WITHOUT THE REQUISITE
EXAMINATIONS IF SUCH PERSON HOLDS A CURRENT LICENSE FROM THE CIIIES OF
BELLEVUE, OMAHA, FREMONT, PAPTT T TON OR NORFOLK, NEBRASKA, AND COUNCIL
BLUFFS, IOWA, AND PROVIDING FOR RENEWAL OF SUCH LICENSES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 10 -1201 of the Municipal Code of the City of Blair, Nebraska
(Ordinance No. 1488) is hereby revoked in its entirety and the following section is inserted in its
place, to -wit:
Sec. 10 -1201 LICENSES; LICENSING BOARD. The following licenses shall be
available from the City:
(1) Master plumber's license;
(2) Journeyman plumber's license;
(3) Apprentice plumber's license;
(4) Master heating license;
(5) Journeyman heating license;
(6) Apprentice heating license;
(7) Gas fitter's license;
(8) Water Service Line installer;
(9) Drain layer's license.
A master plumber's license shall be issued only to persons with the following
qualifications:
(1) A person having at least five (5) years actual experience as a
journeyman plumber or equivalent; and
(2) Such person shall pass an examination as to qualifications
which shall be given by the City Administrator, the Public
Works Directors, and one other person appointed by the
A1.11111.4112 1. Y3a Mlu
Mayor and confirmed by the Council, constituting a Licensing
Board (the "Licensing Board ") for the purposes of this Article;
provided. however. that the examination reauirement shall be
waived if the applicant is a person holding a current master
plumber's license issued by the cities of Bellevue. Omaha,
Fremont. Panillion or Norfolk. Nebraska. or Council Bluffs,
Iowa: provided, further, that it shall be the burden of the
applicant to provide the necessary documentation to the
Licensing Board to demonstrate that applicant has a current
master plumber's license issued by one of the cities referred to
above.
A journeyman plumber's license shall be issued only to persons with the following
qualifications:
(1) A person having at least three (3) years actual experience as
an apt art►t ce plumber or plumber's helper, or equivalent; and
(2) Such person shall pass an examination as to qualifications
given by the Licensing Board; provided. however. that the
examination reauirement shall be waived if the applicant is a
person holding a current journeyman plumber's license issued
by the cities of Bellevue. Omaha. Fremont, Par illion or
Norfolk, Nebraska, or Council Bluffs. Iowa: provided. further.
that it shall be the burden of the applicant to provide the
necessary documentation to the Licensing Board to
demonstrate that applicant has a current master plumber's
license issued by one of the cities referred to above.
An apprentice plumber's license shall be issued only to persons with the following
qualification:
(1) A person who shall pass an examination as to qualifications
given by the Licensing Board; provided. however, that the
examination requirement shall be waived if the applicant is a
person holding a current apprentice plumber's license issued
by the Cities of Bellevue. Omaha. Fremont. Papillion, or
Norfolk. Nebraska. or Council Bluffs. Iowa: provided
further. that it shall be the burden of the applicant to provide
the necessary documentation to the Licensing Board to
demonstrate that applicant has a current master plumber's
license issued by one of the cities referred to above.
A master heating license shall be issued only to persons with the following
qualifications:
K lI
'�li 1 11 1111 1 1104 lu 11 111 1 1111 1 1
(1)
(1)
A person having at least five (5) years actual experience in the
installation and repair of units and appliances used for building
heating and in sheet metal work and including all types of
building heating, or equivalent; and
(2) Such person shall pass an examination as to qualifications
given by the Licensing Board; provided, however. that the
examination reauirement hall be waived if the applicant is a
person holding a current master heating license issued by the
Cities of Bellevue. Omaha. Fremont. Papillion. or Norfolk.
Nebraska. or Council Bluffs. Iowa; provided, further. that it
shall be the burden of the applicant to provide the necessary
documentation to the Licensing Board to demonstrate that
applicant has a current master plumber's license issued bv one
of the cities referred to above.
A journeyman heating license shall be issued only to persons with the
following qualifications:
A person having at least three (3) years actual experience as
an apprentice heating worker, or equivalent; and
(2) Such person shall pass an examination as to qualifications
given by the Licensing Board; provided. however. that the
examination reauirement shall be waived if the applicant is a
person holding a current iournevman heating license issued by
the Cities of Bellevue. Omaha. Fremont. Papillion or Norfolk.
Nebraska. or Council Bluffs. Iowa: provided. further. that it
shall be the burden of the applicant to provide the necessary
documentation to the Licensing Board to demonstrate that
applicant has a current master plumber's license issued by one
of the cities referred to above.
An apprentice heating license shall be issued only to persons with the following
qualification:
(1) A person who shall pass an examination as to qualifications
given by the Licensing Board; provided. however. that the
examination requirement shall be waived if the applicant is a
person holding a current apprentice heating license issued by
the Cities of Bellevue. Omaha. Fremont. Papillion or Norfolk.
Nebraska, or Council Bluffs. Towa; provided. further. that it
shall be the burden of the applicant to provide the necessary
documentation to the Licensing Board to demonstrate that
applicant has a current master plumber's license issued bv one
of the cities referred to above.
111111161171I1 11
A gas fitter's license shall be issued only to persons with the following qualifications:
(1) A person having three (3) years actual experience in gas fitting
under supervision of persons holding master heating licenses
or gas fitter's licenses, or equivalent; and
(2) Such person shall pass an examination as to qualifications
given by the Licensing Board; provided. however. that the
examination reauirement shall be waived if the applicant is a
Person holding a current gas fitter's license issued bv the
Cities of Bellevue. Omaha. Fremont. Papillion or Norfolk.
Nebraska. or Council Bluffs. Iowa: provided further. that it
shall be the burden of the applicant to Provide the necessary
documentation to the Licensing Board to demonstrate that
applicant has a current master Plumber's license issued bv one
of the cities referred to above.
A water service line installer license shall be issued only to persons with the following
qualifications:
(1)
A person having at least three (3) years actual experience as
an apprentice plumber or plumber's helper, or equivalent; and
(2) A person with written recommendation or endorsement of a
master plumber.
A drain layer's license shall be issued only to persons with the following
qualifications:
(1) A person having at least three (3) years actual experience in
drain laying or plumbing; and
(2) Such person shall pass an examination as to qualifications
given by the Licensing Board; providedd, however. that the
examination requirement shall be waived if the applicant is a
person holding a current drain laver's license issued by the
Cities of Bellevue. Omaha, Fremont. Papillion or Norfolk.
Nebraska. or Council Bluffs. Iowa: Provided further. that it
shall be the burden of the applicant to provide the necessary
documentation to the Licensing Board to demonstrate that
applicant has a current master plumber's license issued by one
of the cities referred to above.'
SECTION 2. Section 10 -1207 of the Municipal Code of the City of Blair, Nebraska,
(Ordinance No. 1488) is hereby revoked in its entirety and the following Section is inserted in its
place, to -wit:
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 13 day of July, 1999.
(SEAL)
Sec. 10-1207 LICENSE RENEWALS. Any person holding a Blair license provided
for under the terms of this Article shall, upon expiration thereof be entitled to renew
the same by applying to the City Clerk on or before the twentieth (20 day of January
of the succeeding year and paying the appropriate license fee as hereinbefore provided
and furnishing and filing the bond as required by the terms of this Article; Provided
however, that any person issued a Blair license as a result of such person holding a
current license issued by the Cities of Bellevue. Omaha , Fremont, Papillion or
Norfolk. Nebraska. or Council Bluffs. Iowa, shall provide the necessary
documentation to t he City Clerk on or before the twentieth. (20 day of January of
each renewal year to demonstrate that the applicants license from such other city is
current and in good standing at the time of the renewal request: Provided further, that
the City Clerk shall not issue such renewal license if Clerk shall have been notified
not to do so, prior to the application for such renewal, by the Licensing Board.
CITY OF BLAIR, NEBRASKA
MICHAEL A. MINES, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 Ord was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 13 day of
July, 1999.
BRENDA R. TAYLOR, C:IT/CLERK
ORDINANCE NO. 1880
AN ORDINANCE AMENDING CHAPTER 8 OF THE MUNICIPAL CODE OF BLAIR,
NEBRASKA (ORDINANCE NO. 1488) PROVIDING FOR CERTAIN RESTRICTIONS
REGARDING CURB REMOVAL AND PROVIDING FOR DRIVEWAY /ACCESS PERMITS
ONTO STREETS; 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 CH Y COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Chapter 8 of the Municipal Code of the City of Blair, Nebraska (Ordinance No.
1488) is hereby amended to add the following section:
Sec. 8 -605 STREETS: DRIVEWAYS /ACCESS PERMITS. No person or entity
shall construct or otherwise create any access for a driveway or other ingress or
egress to a street in the City of Blair unless a permit is granted as follows:
A. Residential District. The Public Works Director is authorized to
issue a driveway /access permit to the applicant regarding any street in
a Residential District within the City of Blair after taking into
consideration the location of the proposed driveway /access area and
also taking into consideration the safety and general welfare of
pedestrians and motor vehicle traffic. In the event the Public Works
Director denies a driveway /access permit, the applicant may appeal the
decision to the City Council. The City Council shall have the
authority to override the decision of the Public Works Director; or,
B. Commercial Business. and Industrial Districts. The City Council
is authorized to issue a driveway /access permit to the applicant
regarding any street in the Highway Commercial District, Central
Business District, Light Commercial District and any Industrial
District within the City of Blair after taking into consideration the
location of the proposed driveway /access area and also taking into
consideration the safety and general welfare of pedestrians and motor
vehicle traffic.
SECTION 2. Chapter 8 of the Municipal Code of the City of Blair, Nebraska (Ordinance No.
1488) is hereby amended to add the following section:
Sec. 8-606 STREETS; CURB REMOVAL. No person or entity shall cut, grind or
otherwise remove any portion of a street curb in the City of Blair unless a permit is
granted as follows:
ATTEST:
A. Residential District The Public Works Director is authorized to
issue a curb permit to the applicant to remove curbs on any street in
a Residential District; provided, further, that any curb removal shall be
performed by grinding the curb to the street level unless unusual
circumstances exist whereby grinding the curb would be impractical,
in which circumstance the Public Works Director of the City of Blair
may authorize the curb to be cut; or,
B. Commercial. Business. and Industrial Districts. The City Council
is authorized to issue a curb permit to the applicant to remove curbs
on any street in the Highway Commercial District, Central Business
District, Li District, and any Industrial District;
provided, further, that any curb removal shall be performed by
grinding the curb to street level, unless unusual circumstances exist
whereby grinding of the curb would be impractical, in which situation
the City Council may authorize the curb to be cut.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 13 day of July, 1999.
CITY OF BLAIR, NEBRASKA
By
`MICHAEL A. MINES, MAYOR
ie I
BRENDA R. TAYLOR, C[fY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and Rac ,..g Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 13 day of July,
1999.
BRENDA R. TAYLOR, CI CLERK
67,6,&4_
AN ORDINANCE REZONING LOT 3, BLOCK 43, BLAIR CITY, WASHINGTON
COUNTY, NEBRASKA FROM LIMITED COMMERCIAL (CL) TO CENTRAL BUSINESS
DISTRICT (CCB), 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, NEBRSKA.
SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to
change the zoning designation of Lot 3, Block 43 Blair City, Washington County, Nebraska from
Limited Commercial (CL) to Central Business District (CCB).
SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair
that the official zoning maps of the City of Blair should be changed to reflect the zoning as
established hereby.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
Passed and approved this 10 day of August, 1999.
ATTEST:
frAVIC
BRENDA R. TAYLOR CITY CLERK
(SEAL)
ORDINANCE NO. 1881
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 le day of August, 1999.
CLERK
BRENDA R. TAYLOR,
ORDINANCE NO. 1882
AN ORDINANCE AMENDING SECTION 501.08 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO AMEND THE SIDE YARD
SETBACK REQUIREMENT TO NOT LESS THAN FIFTY FEET (50'); REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 501.08 MINIMUM YARD REQUIREMENTS of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to contain the following provisions:
501.08 MINIMUM YARD REQUIREMENTS
(1) Front yard: There shall be a minimum front yard of not less than a depth of one-
hundred twenty (120) feet from the center line of a Federal Aid- primary or Federal
Aid- secondary designated street or highway or fifty (50) feet from the property line,
whichever is greater. On all other streets or highways there shall be a minimum front
yard of not less than a depth of ninety (90) feet from the center line of the street or
highway or fifty (50) feet from the property line, whichever is greater; and, further,
these yard requirements shall apply to any yard abutting a public street or highway
regardless of the lot being an interior or comer lot.
(2) Rear yard: There shall be a minimum yard of not less than a depth of fifty (50)
feet.
(3) Side yard: Side yards shall not be less than fifty (50) feet.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
ATTEST:
PASSED AND APPROVED this 10th day of August, 1999.
KJ/IL-SA_ Z-(44
BRENDA R. TAYLOR, CHI( CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
By
--- VIICIIAEL A. MINES, MAYOR
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day
of August, 1999.
BRENDA R. TAYLOR, CI e' CLERK
ORDINANCE NO. 1883
AN ORDINANCE AMENDING SECTION 204, SECTION 303.01, SECTION 501, SECTION 701,
SECTION 702, SECTION 703, SECTION 704, SECTION 705, SECTION 801, SECTION 802,
SECTION 804, SECTION 901, SECTION 902, SECTION 1001, SECTION 1002, SECTION 1003
AND SECTION 1005 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
BLAIR, NEBRASKA, TO REQUIRE THAT ALL OFF - STREET PARKING IN ANY ZONING
DISTRICT SHALL BE HARD SURFACED; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 204 "OPEN SPACE, OR OFF - STREET PARKING OR LOADING
SPACE" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to contain
the following provisions, to -wit:
SECTION 204 OPEN SPACE, OR OFF- STREET PARKING OR LOADING
SPACE
No part of a yard, or other open space, or off - street parking or loading space
required about or in connection with any building for the purpose of complying with
this Ordinance shall be included as part of a yard, open space or off - street parking or
loading space similarly required for any other building.
Off- street parking spaces in any zoning district located within the corporate
limits of the City of Blair shall be hard surfaced with either portland cement, concrete
or asphalt and shall also comply with all other requirements for off - street parking
space, including the provisions set forth in Section 303.01 and Section 1111.03 of the
Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
Off- street parking spaces in any Agricultural Zoning District or the Rural
Residential Estate Zoning District located outside the corporate limits of the City of
Blair may be required by the City Council to be hard surfaced with either portland
cement, concrete, or asphalt as a requirement of a conditional use permit.
SECTION 2. Section 501 "AGG GENERAL AGRICULTURAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
501.12 OFF - STREET PARKING: In granting a conditional use permit, the City
Council may require that any or all of the proposed off- street parking be hard
surfaced with either portland cement, concrete, or asphalt.
Notwithstanding the above, all such off - street parking shall comply with the
provisions of Section 1111.03 of this Ordinance.
SECTION 3. Section 701 "RRE RURAL RESIDENTIAL ESTATE DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
701.12 OFF - STREET PARKING: In granting a conditional use permit, the City
Council may require that any or all of the proposed off - street parking be hard
surfaced with either portland cement, concrete, or asphalt.
Notwithstanding the above, a ll such off- street parking shall comply with the
provisions of Section 1111.03 of this Ordinance.
SECTION 4. Section 702 "RL RESIDENTIAL LOW DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
702.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance.
SECTION 5. Section 703 "RM RESIDENTIAL MEDIUM DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
703.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance.
SECTION 6. Section 704 "RIVIL MULTI - FAMILY RESIDENTIAL LOW DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
704.12 OFF - STREET PARKING: Off -street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance
SECTION. 7. Section 705 "RMH MULTI - FAMILY RESIDENTIAL HIGH DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
705.12 OFF - STREET PARKING: Off-street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance.
SECTION 8. Section 801 "ACH AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
801.14 OFF - STREET PARKING: Off-street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance.
SECTION 9. Section 802 "CCB CENTRAL BUSINESS DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
802.12 OFF - STREET PARKING: Off -street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance
SECTION 10. Section 804 "CL LIMITED COMMERCIAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
804.11 OFF - STREET PARKING: Off- -street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance
SECTION 11. Section 901 "A/ML AGRICULTURAL/LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
901.13 OFF - STREET PARKING: Off-street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance.
SECTION 12. Section 902 "A/MH AGRICULTURAL/HEAVY INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
902.12 OFF - STREET PARKING: Off -street parking shall be hard surfaced in
conformance with the provisions of Section 204 of this Ordinance
SECTION 13. Section 1001 "SHM MOBILE HOME DISTRICT" of the Comprehensive
Zoning Ordnance of the City of Blair is hereby amended to add the following provision, to -wit:
1001.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
SECTION 14. Section 1002 "SFP FLOOD PLAIN DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1002.12 OFF - STREET PARKING: The off -street parking requirements of the Parent
District of which this district is made a part shall be applicable.
SECTION 15. Section 1003 "SPD PLANNED DEVELOPMENT DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1003.12 OFF - STREET PARKING: The off -street parking requirements of the Parent
District of which this district is made a part shall be applicable.
SECTION 16. Section 1005 "SMC SPECIAL MEDICAL COMPLEX DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1005.10 OFF - STREET PARKING: The off -street parking requirements of the Parent
District of which this district is made a part shall be applicable.
SECTION 17. Section 303.01(104) of the Comprehensive Zoning Ordinance of the City of
Blair is hereby amended to contain the following provisions, to -wit:
(SEAL)
(104) PARKING SPACE, OFF - STREET: For the purpose of this Ordinance an off -
street parking space shall consist of a space adequate for parking an automobile with
room for opening doors on both sides, together with properly related access to a
public street or alley and maneuvering room. All off -street parking spaces in any
zoning district located witbin the corporate limits of the City of Blair shall be hard
surfaced with either portland cement, concrete or asphalt. Off-street parking spaces
in any Agricultural Zoning District or the Rural Residential Zoning District located
outside the corporate limits of the City of Blair may be required by the City Council
to lie hard surfaced with either portland cement, concrete or asphalt as a requirement
of a conditional use permit. Required off -street parking areas for three (3) or more
automobiles shall have individual spaces marked, and shall be so designed,
maintained and regulated that no parking or maneuvering incidental to parking shall
be on any public street, walk, or alley, and so that any automobile may be parked and
unparked without moving another. A garage shall not be considered as meeting off
street parking qualifications unless the driveway access to the garage is not
considered as off street parking for the purposes of these regulations. Required off
street parking areas for five or more automobiles shall have individual spaces
marked.
For purposes of approximate computation, an off-street parking space and necessary
access and maneuvering may be estimated at three hundred (300) square feet, but off -
street parking requirements will be considered to be met only when actual spaces
meeting the requirements above are provided and maintained, improved in a manner
appropriate to the circumstances of the case, and in accordance with all ordinances
and regulations of the City.
SECTION 18. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 19. This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law.
PASSED AND APPROVED this 10th day of August, 1999.
CITY OF BLAIR, NEBRASKA
ATTEST: �i�
L2i� 0'c -,.
BRENDA R. TAYLOR, CIitY CLERK
MIC L A. MINES, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day
of August, 1999.
6 .4.,„„_lig
BRENDA R. TAYLOR, /CLERK
ORDINANCE NO. 1884
AN ORDINANCE AMENDING SECTION 1102 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ELIMINATE RESTRICTIONS OF
FENCES, WALLS AND HEDGES IN THE GENERAL AGRICULTURAL ZONING DISTRICT
AND THE RURAL RESIDENTIAL ESTATE ZONING 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, AS FOLLOWS:
SECTION 1. Section 1102 FENCES, WALLS AND HEDGES of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to contain the following provisions:
SECTION 1102 FENCES, WALLS AND HEDGES
Fences; Walls and Hedges: Notwithstanding other provisions of this ordinance,
fences, walls and hedges may be permitted in any required yard, provided that no
fence, wall or hedge along the sides or front edge of any front yard shall be over three
and one half (3 1/2) feet in height. Additionally, no fence, wall or hedge shall exceed
2 1 /2 feet in height when located within the sight triangle of a comer lot. The
following regulations shall apply to the construction of fences.
1) No solid fence shall be constructed closer to the street than the front property
line. If sidewalk is located within the front yard, no fence shall be closer
than 6 inches to the sidewalk.
2) No fence erected in a required front yard shall materially obstruct public
view. Permitted types of fences shall include split rail, chain link, or other
similar material. No component of a front yard fence shall exceed 3 feet
in height, nor shall any structural member exceed 36 inches in area, as
measured using the horizontal cross section.
No fence shall be constructed which will constitute a traffic hazard as
identified in the sight triangle of a comer lot (See Section 1101).
4) No fence constructed in the second front yard (the side yard abutting the
street) of a comer lot shall exceed 48 inches in height.
5) No fence shall be constructed in such a manner or be of such design as to
be hazardous or dangerous to persons or animals by intent of its construction
or by inadequate maintenance.
ATTEST:
(SEAL)
6) No fence within Residential Districts, except fences erected upon public
or parochial school grounds or in public parks and in public playgrounds,
shall be constructed of a height greater than six (6) feet.
7) All fences shall conform to the construction standards of the building
code and other ordinances.
8) In commercial and industrial districts, maximum height of fences shall
be six (6) feet. Except, when industry standards for certain types of
businesses require fences of greater heights, the Zoning Administrator
at his/her discretion may allow greater heights.
9) All fences or parts thereof which are solid shall be constructed so that
all posts, braces, stringers, and all other structural members face to the
interior of the lot or parcel being fenced.
Notwithstanding the above, any real estate located outside the corporate limits of the
City of Blair and which is included in the General Agricultural Zoning District or the
Rural Residential Estate Zoning District shall be exempt from the fence, wall and
hedge requirements set forth hereinabove in this Section.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 10 day of August, 1999.
CITY OF BLAIR, NEBRASKA
BRENDA R. TAYLOR, C!' CLERK
L A. MINES, YOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, gnalified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 10th day
of August, 1999.
BRENDA R. TAYLO CITY CLERK
ORDINANCE NO. 1885
AN ORDNANCE SETTING AND FIXING THE COMPENSATION FOR THE OFFICERS AND
EMPLOYEES OF THE CITY OF BLAIR, NEBRASKA FOR THE FISCAL YEARS 1999/2000
AND 2000 /2001; 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. That, effective October 3, 1999, the salary of the employees of the City of
Blair, Nebraska shall be as set forth on the "Bi- Weekly Salary Schedule" marked Exhibit "A ",
attached hereto and incorporated by this reference herein, and said "Bi-Weekly Salary Schedule"
is hereby accepted for a two year period. In addition to the increase in salary as set forth
hereinabove, all employees and officers of the Municipality 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, in addition to the salary set forth on Exhibit "A" attached hereto,
effective commencing with the first day of the first pay period after October 1, 2000, each Pay Grade
set forth in the "Bi- Weekly Salary Schedule" shall be increased in an amount equal to two and one-
half percent (2.5 %).
SECTION 3. That the wage and salary rates established herein be and hereby are accepted
for a two year period which consists of the 1999/2000 fiscal year and the 2000/2001 fiscal year.
SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 28th day of September, 1999.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. TAYLO ITY CLERK
(SEAL)
BY ,rof
MI L A. MINES, MAYOR
STATE OF NEBRASKA )
):ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 28th day of September, 1999.
BRENDA R TAYLOR, C r CLERK
POSITION
Secretary 1
Building Inspector
Secretary!
City Administrator
City Clerk
Investigator
Chief
Patrolman
Secretary II
Sergeant
Patrolman
Sergeant (temp)
Sergeant (temp)
Patrolman
Patrolman
Patrolman
Asst Park/Cem Super
Park/Cemetery Super
Asst Park/Cem Super
Librarian
Librarian 1
Librarian I
Animal Control Officer
Oper Ill/Foreman
Operator II
Operator II
Operator II/PT Inspector
Operator II
City Treasurer
Account Clerk
Public Works Director
Wa/Sw Dist Super
Utility Worker
Utility Worker
Wa Plant Super
Wa Plant Operator
Wa Plant Operator
Wa Plant Operator
Wa Plant Operator
Sw Plant Operator
Sw Plant Operator
Sw Plant Operator
GRADE
2
16
2
40
17
15
30
12
3
18
12
18
18
12
12
12
5
11
5
15
4
4
5
8
7
7
8
7
17
2
30
10
5
5
17
10
10
10
10
10
10
10
kg ri arm,
STEP 1 EMPLOYEE
C Stephanie Hultquist
H Dale Miller
D‘ Amy Stephens
H Rodney Storm
B Brenda Taylor
A Steve Bolton
H (Marvin Doeden
A Darrell Howard
1 Deanna Jensen
H Joseph Lager
A Travis Lyon
A William McCrary
C !John Sacks
B 'Shawn Sommer
B 'Tyler Struck
A 'Ryan Treat
F
F
H
H
H
H
H
H
H
H.
?p,c,e 1 of -
Patrick Thompson
Patrick Long
Kent Nicholson
H Anne Keenan
B Laurel Lau
H Ruth Peterson
D Rick Williams
H Robert Bolton
B Gary Ford
1 Daniel McMurtry
1 Kris Robinson
1 Richard Warrick
B Peggy Frahm
D Katherine Loudner
H 'Warren Whitaker
H IDanny Coon
B I Harold Kephart
F Robert Leehy
Mark Adams
Richard Everhart
Robert Jensen
Vaughan Korth
Kenneth Wulf
Robert Frahm
Mark Hodson
James Stier
Pay Step
Pay Grade
1 I.
2
3
4
5
6
7
8
9
10
11.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
A
600.00
640.00
680.00
720.00
760.00
800.00
840.00
880.00
920.00
960.00
1,000.00
1,040.00
1,080.00
1,120.00
1,160.00
1,200.00
1,240.00
1,280.00
1,320.00
1,360.00
1,400.00
1,440.00
1,480.00
1,520.00
1,560.00
1,600.00
1,640.00
1,680.00
1,720.00
1,760.00
1,80040
1,840.00
1,880.00
1,920.00
1,960.00
2,000.00
2,040.00
2,080.00
2,120.00
2,160.00
6 Mo. 1 Yr.. 1 2 Yr. 7
B C D
1
620.001 640.00 660.001
660.00 680.00 700.00
700.00 720.00 740.00
740.00 760.00 780.00
780.00 800.00 820.00
820.00 840.00 860.00
860.00 880.00 900.00
900.00 920.00 940.00
940.00 960.00 980.00
980.00 1,000.00 1,020.00
1,020.00 1,040.00 1,060.00
1,060.00 1,080.00 1,100.00
1,100.00 1,120.00 1,140.00
1,140.00 1,160.00 1,180.00
1,180.00 1,200.00 1,220.00
1,220.00 1,240.00 1,260.00
1,260.00 1,280.00 1,300.00
1,300.00 1,320.00 1,340.00
1,340.00 1,360.00 • 1,380.00
1,380.00 1,400.00 1,420.00
1,420.00 1,440.00 1,460.00
1,460.00 1,480.00 1,500.00
1,500.00 1,520.00 1,540.00
1,540.00 1,560.00 1,580.00
1,580.00 1,600.00 1,620.00
1,620.00 1,640.00 1,660.00
1,660.00 1,680.00 1,700.00
1,700.00 1,720.00 1,740.00
1,740.00 1,760.00 1,780.00
1,780.00 1,800.00 1,820.00
1,820.00 1,840.00 1,860.00
1,860.00 1,880.00 1,900.00
1,900.00 1,920.00 1,940.00
1,940.00 1,960.00 1,980.00
1,980.00 2,000.00 2,020.00
2,020.00 2,040.00 2,060.001
2,060.00 2,080.001 2,100.00
2,100.00 2,120.001 2,140.00
2,140.00 2,160.001 2,180.00
2,180.00 2,200.00 2,220.00
3 Yr. 4 Yr. 5 Yr. . 6 Yr. 17 Yr.
E F t3 H II.
680.00 720.00 760.00 800.001
720.00 760.00 800.00 840.00
760.00 800.00 840.00 880.00
800.00 840.00 880.00 920.00
840.00 880.00 920.00 960.001
880.00 920.00 960.00 1,000.00
920.00 960.00 1,000.00 .1,040.00
960.00 1,000.00 1,040.00 1,080.00
1,000.00 1,040.00 1,080.00 1,120.00
1,040.00 1,080.00 1,120.00 1,160.00
1,080.00 1,120.00 1,160.00 1,200.00
1,120.00 .1,160.00 1,200.00 1,240.00
1,160.00 1,200.00 1,240.00 1,280.00
1,200.00 1,240.00 1,280.00 1,320.00
1,240.00 1,280.00 1,320.00 1,360.00
1,280.00 1,320.00 1,360.00 1,400.00
1,320.00 1,360.00 1,400.00 1,440.00
1,360.00 1,400.00 1,440.00 1,480.00
1,400.00 1,440.00 1,480.00 1,520.00
1,440.00 1,480.00 1,520.00 1,560.00
1,480.00 1,520.00 1,560.00 1,600.00
1,520.00 . 1,560.00 1,600.00 1,640.00
1,560.001 1,600.00 1,640.00 • 1,680.00
1,600.00 1,640.00 • 1,680.00 1,720.00
1,640.00 1,680.00 1,720.00 1,760.00
1,680.00 1,720.00 1,760.00 1,800.00
1,720.00 1,760.00 1,800.00 1,840.00
1,760.00 1,800.00 1,840.00 1,880.00
1,800.00 1,840.00 1,880.00 1,920.00
1,840.00 1,880.00 1,920.00 1,960.00
1,8 80.00 1,920.00 1,960.00 2,000.00
1,920.00 1,960.00 2,000.00 ,2,040.00
1,960.00 2,000.00 2,040.00 2,080.00
2,000.00 2,040.00 .2,080.00' 2,120.00
2,040.00 2,080.00 2,120.001 2,160.00
2,080.00 2,120.00 2,160.001 2,200.00
2,120.00 2,160.00 2,200.00 2,240.00
2,160.00 2,200.00 2,240.00 2,280.00
2,200.00 2,240.00 2,280.00 2,320.00
2,240.00 2,280.00 2,320.00 2,360.00
Utility Worker
Water/ Wastewater PlantOperator
Police FTO
DARE Officer
School Resource Officer
840.00
880.00
920.00
960.00
1,000.00
1,040.00
1,080.00
1,120.00
1,160.00
1,200.00
1,240.00
1,280.00
1,320.00
1,360.00
1,400.00
1,440.00
1,480.00
Sec 1/Acct Clerk II
Police Sec II
Libranan 1
An Cont/Util Wkr /Asst Park/Cem Supt
Equip Opr II
Equip Op r 11/Pt lnspedor /Operator llbAsst Forman
St Forman
WA Pint Opr/ W W Pint Opr/WA &W W list Supt
Park & Cem Supt
Patrolman
WW Pint Supr
Investigator / *labrarlan
Bwldmg lnsp
"C1e cI' Admin/ WA Pint Supt
1,520.00 Sergeant
1,560.001
1,600.00 •
1,640.00 4 1.ienntasim it
1,680.00
1,720.00
1,760.001
1,800.001
1,840.00
1,880.00
1,920.001
1,960.00
2,000.00 ''Chietl''Public Works Dir
2,040.001
2,080.00
2,120.001
$,160.001
2,200.001
2,240.00 . .
2,280.00
2,320.00
2,360.00 .
2,400.00 *City A rhnir ,4 *^T
" Exempt
8.25 per hour for each certification grade above 4 (Water Only)
5.25 per hour for eadt certification grade above 4 (1 WW)
5.75 per hour fbr time served as FTO
$.50 per hour for tithe served as DARE Officer
51.013 per hour for time servied as School Rasouce Officer
ORDINANCE NO. 1886
AN ORDINANCE REZONING TAX LOT 86 IN SECTION 2, TOWNSHIP 18 NORTH, RANGE
11, EAST OF THE 6 P.M. IN WASHINGTON COUNTY, NEBRASKA, FROM RESIDENTIAL
MEDIUM DENSITY DISTRICT (RM) TO MULTI - FAMILY RESIDENTIAL
HIGH DENSITY DISTRICT (RMH), 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 Tax Lot 86 in Section 2, Township 18 north, Range 11, East of the 6 P.M.
in Washington County, Nebraska from Residential Medium Density District (RM) to Multi- Family
Residential High Density District (IMI).
SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that
the official zoning maps of the City of Blair should be changed to reflect the zoning as established
hereby.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Passed and approved this 14th day of September, 1999.
CITY OF BLAIR, NEBRASKA
BY �,.� 4.? t.:
H EL A. MINES, MAYOR
A'1'i'EST:
(SEAL)
BRENDA R. TAYLOR., CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 September, 1999.
BRENDA R. TAYLOR C CLERK
ORDINANCE NO. 1887
AN ORDINANCE AMENDING SECTION 1102 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, DEFINING RESTRICTIONS ON TYPES
OF FENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 1102 FENCES, WALLS AND HEDGES of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to contain the following provisions:
SECTION 1102 FENCES, WALLS AND HEDGES
Fences: Walls and Hedees: Notwithstanding other provisions of this ordinance,
fences, walls and hedges may be permitted in any required yard, provided that no
fence, wall or hedge along the sides or front edge of any front yard shall be over three
and one half (3 12) feet in height. Additionally, no fence, wall or hedge shall exceed
2 ;/2 feet in height when located within the sight triangle of a corner lot. The
following regulations shall apply to the construction of fences.
1) No solid fence shall be constructed closer to the street than the front property
line. If sidewalk is located within the front yard, no fence shall enclose the
sidewalk nor shall a fence be constructed nearer than six inches (6 ") to the
sidewalk.
2) No fence erected in a required front yard shall materially obstruct public
View. No component of a front yard fence shall exceed three and one
half feet (3 %2')in height, nor shall any structural member exceed thirty six
inches (36 ") in area, as measured using the horizontal cross section.
3) No fence shall be constructed which will constitute a traffic hazard as
identified in the sight triangle of a corner lot (See Section 1101).
4) No fence constructed in the second front yard of a corner lot shall exceed
forty eight inches (48 ") in height. For purposes of this Section, the "second
front yard" shall be deemed to be in the area extending from the front
comer of the house to the rear lot line on the side of the lot immediately
adjacent to a City street.
5) No fence shall be constructed in such a manner or be of such design as to
be hazardous or dangerous to persons or animals by intent of its construction
or by inadequate maintenance (examples of hazardous or dangerous fences
shall be wire strand fences such as electrical conduit wire fences, barbed
wire fences, chicken wire fences, etc.). Permitted types of fences shall
include chain Link fencing, wood fencing (including split rail), wron ht
iron, plastic, vinyl or other ornamental fencing.
6) No fence within Residential Districts, except fences erected upon public
or parochial school grounds or in public parks and in public playgrounds,
shall be constructed of a height greater than six (6) feet.
7) All fences shall conform to the construction standards of the building
code and other ordinances.
8) In commercial and industrial districts, maximum height of fences shall
be six (6) feet; provided, however, if industry standards for certain types of
businesses require fences of greater heights, the Zoning Administrator
at his/her discretion may allow greater heights.
9) All fences or parts thereof which are solid shall be constructed so that
all posts, braces, stringers, and all other structural members face to the
interior of the lot or parcel being fenced.
10) Effective from and after July 1, 1998, the Rules and Regulations of the
Uniform Building Code pertaining to confinement and fencing of outdoor
pools shall be in effect and shall be enforced.
11) All fence posts shall be made of wood, wrought iron, plastic, vinyl,
ornamental fencing or of similar material as the remainder of the fence.
Notwithstanding the above, any real estate located outside the corporate limits of the
City of Blair and which is included in the General Agricultural Zoning District or the
Rural Residential Estate Zoning District shall be exempt from the fence, wall and
hedge requirements set forth hereinabove in this Section.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 14 day of September, 1999.
Ai U ST:
BRENDA R. TAYLOR9CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BRENDA R. TAYLOR 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 helkl on the 14 day of
September, 1999.
6u4L
BRENDA R. TAYLOR, ' TY CLERK.
amended as follows:
ORDINANCE NO. 1888
AN ORDINANCE AMENDING SECTION 7 -401 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, PERTAINING TO THE SALE, DISCHARGE, IGNITION, USE,
EXPLOSION, OR SETTING OFF OF PERMITTED FIREWORKS BETWEEN DECEMBER 28,
1999 AND JANUARY 1, 2000; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 7 -401 of the Municipal Code of the City of Blair, Nebraska is hereby
"Sec. 7-401 FIREWORKS: SALE AND DISCHARGE. It shall be unlawful for
any person within the City to offer for sale, discharge, ignite, use, explode, or set off
any permitted fireworks as set forth in Sec. 7 -402 at any time except between the
hours of 8:00 o'clock A.M. and 10:00 o'clock P.M. between June 24 and July 5 of
each year, and for the celebration of the year 2000, permissible fireworks may be
offered for sale, discharged, ignited, used, exploded or set off between December 28,
1999 and January 1, 2000.
It shall be unlawful for any person within the City to have in his possession any
fireworks which are prohibited from being sold, used or discharged by the provisions
of this Section or the following Section. If any person shall have in his possession
any fireworks which are prohibited from being sold, a warrant may be issued for the
seizure of the fireworks, the same shall be safely kept by the Chief of Police to be
used as evidence. Upon conviction of the offender, the fireworks shall be destroyed,
but if the offender shall be discharged, the fireworks shall be returned to the person
in whose possession they were found.
No fireworks, firecrackers or other pyrotechnics shall be stored in or displayed or
sold from any building, structure or stand or otherwise within one hundred feet (100')
of any service station or other establishment selling gasoline, kerosene or other
inflammable liquids or gases, nor within ten feet (10') of any other building of any
kind, nor in or from any structure or building other than a,temporary structure or
stand erected and used solely for such purpose, which temporary structures or stands
shall be erected only on Lots one (1) to twenty -three (23), inclusive, in Block three
(3) and the East half (E112) of Lot three(3), and Lots four (4) to eleven (11), inclusive
in Block four (4) all in Prairie Park Addition to the City, being otherwise known as
Veterans Field. No such temporary stands or structures shall be constructed or used
until written permission to do so has been received from the City. (Ref. 16 -227 RS
Neb.)"
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 12th day of October, 1999.
CITY OF BLAIR, NEBRASKA
ATTEST:
BRENDA R. TAYLOR C / CLERK
(SEAL)
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 12 day
of October, 1999.
BRENDA R. TAYLOR, CITY LERK
1
ORDINANCE NO. 1889
AN ORDINANCE TO ADOPT THE BUDGET STA'I'EMENNT 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 WIZEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
WHEREAS, a notice of public hearing together with a summary of the proposed budget
statement of the City of Blair for fiscal year beginning October 1, 1999, and ending September 30,
2000, was published in The Pilot Tribune, the official newspaper of the City of Blair on September
3, 1999; and,
WHEREAS, said budget statement was prepared on the appropriate budget forms provided
by the State of Nebraska and was duly filed with the City Clerk.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That, after complying with all procedures required 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 October 1, 1999, and ending September 30, 2000. 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 levying authority.
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 14 day of September, 1999.
ATTEST:
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
MICHAEL A. MINES, MAYOR
BRENDA R. TAYLOR 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 Couneil of said City held on the 14` day of September,
1999.
BRENDA R. TAYLOR, C`Y CLERK
FUND
Total General Fund
Debt Service
Street
Landfill
Sales Tax (1997 Vote)
Lodging Tax
Health & Benefit Insurance
Water
Sewer
Community Development Block
Grant Fund (ED)
Donated Funds
Capital Outlay Reserve
Community Development Block
Grant Reuse Funds
Municipal Infrastructure
Redevelopment Fund
Economic Development 840
Keno Funds
ORDINANCE NO. 1890
AN ORDINANCE TO BE 'PERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECESSARY
EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL
YEAR COMMENCING ON THE FIRST DAY OF OCTOBER, 1999, AND SPECIFYING THE
OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH
OBJECT AN D PURPOSE; REPEALING AIL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. There is hereby al,ylviniated for the use of the City of Blair, Washington
County, Nebraska, the sum of $16,662,718 to be raised and acquired by the levy of general and
special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said
City for the 1999 -2000 fiscal year.
SECTION 2. That the following amounts be and hereby are appropriated from the various
funds to the use and purpose hereinafter specified, to-wit:
ALL SOURCES EST.
$3,488,157.00
$ 872,946.00
$3,215,642.00
$ 0.00
$ 831,703.00
$ 16,636.00
$ 118,722.00
$4,712,671.00
$1,241,192.00
$1,403,885.00
$ 25,563.00
$ 115,140.00
$ 282,397.00
$ 98,911.00
$ 0.00
$ 239,153.00
SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 14th day of September, 1999.
ATTEST:
BRENDA R. TAYLOR, CLERK
(SEAL)
60,44_
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
By
MICHAEL A. MINES, MAYOR
BRENDA R. TAYLOR 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 14 day of September,
1999.
BRENDA R. TAYLOR, CIT* CLERK
ORDINANCE NO. 1891
AN ORDINANCE AMENDING SECTION 608 OF THE SUBDIVISION REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, AND AMENDING SECTION 501, SECTION 701,
SECTION 702, SECTION 703, SECTION 704, SECTION 705, SECTION 801, SECTION 802,
SECTION 804, SECTION 901, SECTION 902, SECTION 1001, SECTION 1002, SECTION
1003, AND SECTION 1005 AND ADDING SECTION 1110.5 TO THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO PROVIDE FOR
ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES ADJACENT TO CREEKS;
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 CI'T'Y COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 608 "UTILITY AND DRAINAGE FACILI'T'IES" of the Subdivision
Regulations of the City of Blair is hereby amended to add the following provisions, to -wit:
SECTION 608.075 SETBACK REQUIREMENTS - CREEKS/WATERCOURSES:
No person shall be granted a permit for the construction of any structure, bank
stabilization structures, poles, and sign structures adjacent to any creek or
watercourse unless such structure is located so that no portion thereof is any closer
to the creek or watercourse than will allow a maximum three -to -one slope plus 20
feet between the water's edge of the creek or watercourse. "Water's edge" shall be
deemed to be that point constituting the edge of the water during normal flow
conditions.
A property shall be exempt from the provisions of this Section upon an application
filed by the property owner supported by a showing by a registered professional
engineer that adequate bank stabilization structures or slope protection will be
installed in the construction of said structure, having an estimated useful life equal to
that of the structure, which will provide adequate erosion control conditions coupled
with adequate lateral support so that no portion of said structure adjacent to the
creek/watercourse will be endangered by erosion or lack of lateral support. In the
event that the structure is adjacent to any stream which has been channelized or
otherwise improved by any agency or government, then such certification providing
an exception to this Section may take the form of a certification as to the adequacy
and protection of the improvements installed by such governmental agency.
SECTION 2. Section 501 "AGG GENERAL AGRICULTURAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
501.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance
SECTION 3. Section 701 "RRE RURAL RESIDENTIAL ESTAI E DISTRICT' of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
701.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WMER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 4. Section 702 "RL RESIDENTIAL LOW DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
702.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance
SECTION 5. Section 703 "RM RESIDENTIAL MEDIUM DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
703.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 6. Section 704 "RML MULTI RESIDENTIAL LOW DENSITY
Disnucr' of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to-wit:
704.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WAIER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION. 7. Section 705 "RMH MULTI - FAMILY RESIDENTIAL HIGH DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
705.085 ADDMONAL SETBACK REQUIREMENTS - CREEKS/WA1ER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance
SECTION 8. Section 801 "ACH AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
801.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKK/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 9. Section 802 "CCB CENTRAL BUSINESS DISTRICT" of the Comprehensive
Zoning Ordinance of the Cry of Blair is hereby amended to add the following provision, to -wit:
802.085 ADDITIONAL SETBACK REQUIREMENTS : CREEKS/WAIER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance
SECTION 10. Section 804 "CL LIMITED COMMERCIAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
804.075 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WAIER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.4 of this Zoning Ordinance.
SECTION 11. Section 901 "A/ML AGRICULTURAL/LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
901.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WAI'.ER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance
SECTION 12. Section 902 "A/MH AGRICULTURAL/HEAVY INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
902.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WAI'ER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 13. Section 1001 "SHM MOBILE HOME DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1001.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 14. Section 1002 "SFP FLOOD PLAIN DISTRICT' of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1002.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements
SECTION 15. Section 1003 "SPD PLANNED DEVELOPMENT DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1003.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WAI'ER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 16. Section 1005 "SMC SPECIAL MEDICAL COMPLEX DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1005.075 ADDI'1'lONAL. SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made part shall be the additional setback requirements.
SECTION 17. Section 1110.5 is hereby added to the Comprehensive Zoning Ordinance of
the City of Blair to contain the following provisions, to -wit:
SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR
STRUCTURES ADJACENT TO CREEKS AND DRAINAGEWAYS
No person shall be , granted a permit for the construction of any structure, bank
stabilization structures, poles, and sign structures adjacent to any creek or
watercourse unless such structure is located so that no portion thereof is any closer
to the creek or watercourse than will allow a maximum three -to -one slope plus 20
feet between the water's edge of the creek or watercourse. "Water's edge" shall be
deemed to be that point constituting the edge of the water during normal flow
conditions.
A property shall be exempt from the provisions of this Section upon an application
filed by the property owner supported by a showing by a registered professional
engineer that adequate bank stabilization structures or slope protection will be
installed int eh construction of said structure, having an estimated useful life equal to
that of the structure; which will provide adequate erosion control conditions coupled
with adequate lateral support so that no portion of said structure adjacent to the
stream will be endangered by erosion or lack of lateral support. In the event that the
structure is adjacent to any stream which has been channelized or otherwise improved
by any agency of government, then such certification providing an exception to this
Section may take the form of a certification as to the adequacy and protection of the
improvements installed by such governmental agency.
SECTION 18. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 19. 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 9 day of November, 1999.
CITY OF BLAIR, NEBRASKA
By
MICHAEL A. MANES, MAYOR
ATTEST:
&
BRENDA IL TAYLOR, C CLERK
(SEAL)
November, 1999.
STATE OF NEBRASKA , )
) :ss:
WASHINGTON COUNTY ),
BRENDA R. TAYLOR 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 9 day of
BRENDA R. TAYLOR, CLERK
amended to read as follows:
the following Section 1- 302.01, to -wit:
ORDINANCE NO. 1892
AN ORDINANCE AMENDING SECTION 1 -301 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, AND ADDING SECTION 1- 302.01 TO THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, SAID SECTIONS CREATING THE POSITION OF
ASSISTANT C1'l'Y ADMINISTRATOR, DESCRIBING THE DUTIES AND PROVIDING FOR
THE APPOINTMENT THEREOF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 1 -301 of the Municipal Code of the City of Blair, Nebraska is hereby
"Sec. 1 -301 APPOINTED OFFICIALS: ENUMERATED; APPOINTMENT
AND REMOVAL; ADMINISTRATOR; ASSISTANT ADMINISTRATOR;
APPOINTMENT. The Municipality shall have such departments and appointed
officials as shall be established by ordinance passed by the City Council, which shall
include a City Clerk, Treasurer, Engineer, Director of Public Works, and Attorney,
and such officials as may otherwise be required by law. Except as provided by law,
the Mayor may, with the approval of the City Council, appoint the necessary officials,
as well as an Administrator and an Assistant City Administrator. who shall perform
such duties as prescribed by ordinance. Except as provided by law, the appointed
officials may be removed at any time by the Mayor with approval of a majority of the
Council. The office of City A.l...;., ;,tiatu. and Assistant City Administrator may not
be held by the Mayor. The appointed Administrator and Assistant Administrator may
concurrently hold any other appointive office provided for in this Section. (Ref. 16-
308 RS Neb.)
SECTION 2. The Municipal Code of the City of Blair, Nebraska, is hereby amended to add
Sec. 1 ASSISTANT CITY ADMINISTRATOR: POWER; DUTIES. In
the absence of the City Administrator. the Assistant Citv Administrator shall serve as
the chief executive officer. The Assistant City Administrator shall have overall
responsibility for assisting in the enforcement of laws and ordinances. administration
of personnel management systems. fiscal planning and management with emphasis on
Human Relations and special proiects. and shall also Perform such other duties as may
be reauired of the Assistant Administrator by the Administrator.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
AI"1
PASSED AND APPROVED this 23rd day of November, 1999.
BRENDA R TAYLOR, C CLERK
(SEAL)
STATE OF NEBRASKA
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
MICHAEL A. NIINES, MAYOR
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 23rd day of
November, 1999.
BRENDA R. TAYLOR, CIT,
CLERK
AN ORDINANCE REZONING LOTS 14, 15, 16, 17, 18 & 19, SOUTHFORK ADDITION,
BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM RESIDENTIAL LOW DENSITY
DISTRICT (RL) TO MULTI - FAMILY RESIDENTIAL LOW DENSITY DISTRICT (RML),
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 14, 15, 16, 17, 18 & 19, Southfork Addition, Blair, Washington
County, Nebraska from Residential Low Density District (RL) to Multi- Family Residential Low
Density District (RML).
SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that
the official zoning maps of the City of Blair should be changed to reflect the zoning as established
hereby.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Passed and approved this 14th day of December, 1999.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
BRENDA R. TAYLOR, CI i CLERK
ORDINANCE NO. 1893
BY
` A. MINE'S, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 ofthe Mayor and City Council of said City held on the 14th
day of December, 1999.
ANN ORDINANCE REZONING LOT 24, SOUTHFORK ADDITION, BLAIR, WASHINGTON
COUNTY, NEBRASKA, FROM RESIDENTIAL LOW DENSITY DISTRICT (RL) TO MULTI-
FAMILY RESIDENTIAL HIGH DENSITY DISTRICT (RMH), 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 Lot 24, Southfork Addition, Blair, Washington County, Nebraska from
Residential Low Density District (RL) to Multi- Family Residential High Density District (RMH).
SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that
the official zoning maps of the City of Blair should be changed to reflect the zoning as established
hereby.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
Passed and approved this 14 day of December, 1999.
CITY OF BLAIR, NEBRASKA
(SEAL)
BRENDA R. TAYLOR, OTT CLERK
ORDINANCE NO. 1894
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 December, 1999.
6 1 114 Z6SL
BRENDA R. TAYLOR, C `Y CLERK
NOTICE OF PASSAGE AND
PUBLICATION OF ORDINANCE
Public notice is hereby given that the Mayor and Council of the City of Blair, Nebraska, at
their meeting on December 14, 1999, have passed and approved Ordinance No. 1895, the title of
which reads as follows:
ORDINANCE NO. 1895
AN ORDINANCE REPEALING ARTICLE 1. FLOOD PLAIN DISTRICT FROM CHAPTER 13
OF THE MUNICIPAL CODE OF THE CITY OF BLAIR AND AMENDING SECTION 1002 SFP
FLOOD PLAIN DISTRICT OF THE ZONING REGULATIONS OF THE CITY OF BLAIR
(ORDINANCE 1798) PERTAINING TO DEFINITIONS AND REGULATIONS IN THE FLOOD
PLAIN DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT; AND PROVIDING THAT THIS ORDINANCE BE PUBLISHED IN PAMPHLET
FORM.
Said Ordinance has been published in pamphlet form. Copies of the Ordinance as so
published are available at the office of the City Clerk at City Hall, 218 So. 16 Street in Blair,
Nebraska.
Brenda R. Taylor, City Clesk
ORDINANCE NO. 1895
AN ORDINANCE REPEALING ARTICLE 1. FLOOD PLAIN DISTRICT FROM CHAPTER 13
OF THE MUNICIPAL CODE OF THE CITY OF BLAIR AND AMENDING SECTION 1002 SFP
FLOOD PLAIN DISTRICT OF THE ZONING REGULATIONS OF THE CITY OF BLAIR
(ORDINANCE 1798) PERTAINING TO DEFINITIONS AND REGULATIONS IN THE FLOOD
PLAIN DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT; AND PROVIDING THAT THIS ORDINANCE BE PUBLISHED IN PAMPHLET
FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Article 1 of Chapter 13 of the Municipal Code of the City of Blair, Nebraska,
pertaining to Flood Plain Districts and the regulations thereof is hereby repealed in its entirety.
SECTION 2. Section 1002 SFP Flood Plain District of the Zoning Regulations of the City
of Blair, Nebraska (Ordinance 1798) is hereby amended in its entirety, as follows:
SECTION 1002 SFP FLOOD PLAIN DISTRICT
1002.01 INTENT: This district is intended for application in those areas which have
been defined by the Nebraska Natural Resources Commission as being Commission
Floodways or which by reason of historical documentation and other data have been
defined by the Planning Commission as being flood hazard areas. The regulations
are intended to minimize the extent of floods and reduce the height and violence
thereof; to minimize the hazard of loss of lives and property caused by floods; and
to secure safety from floods through the confinement of floods through reasonable
limits by regulating and restricting areas of development along or in natural
watercourses and drainways. This district is created to be appended to any district
which is subject to periodic flooding.
1002.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Any permitted
principal use and structure in the Parent District to which this district is made a part,
provided, that such uses and structures meet the minimum requirements of SECTION
1002.05 of this Ordinance.
1002.03 PERMIT TED ACCESSORY USES AND STRUCTURES: Any permitted
accessory use and structure in the Parent District to which this district is made a part,
provided, that such uses and structures meet the minimum requirements of SECTION
1002.05 of this Ordinance.
1002.04 EXCEPTIONS: After the provisions of this Ordinance relating to
exceptions have been fulfilled, the City Council may permit all conditional uses
permitted as exceptions in the Parent District of which this district is made a part.
1002.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING
EXCEPTIONS: Notwithstanding the requirements of Article 14 of this Ordinance,
the following regulations shall supplement the Special Conditions and/or Conditions
for Granting Exceptions which are provided in the Parent District of which this
district is made a part. These regulations shall supersede those of the Parent District
where there is a conflict among regulations.
(1) Where by reason of flooding potential, the City Administrator and/or his designee
determined that there are detrimental or limiting conditions for development or where
there is indicated the possibility of detrimental or limiting conditions for
development, the City Administrator and/or his designee shall require such person
or persons making application for a building permit to provide four (4) copies of the
following to the City Council:
(a) A site plan at an appropriate scale indicating the name and
address ofthe applicant; lot dimensions and legal descriptions
of the property; the location, elevation, size, height, and
proposed use of all structures; yards ' and space between
structures; off-street parking; location of public streets and
highways and points of pedestrian and vehicular ingress and
egress; signs; areas which will require significant land
forming; and
(b)
Topographic information providing the elevations of the site
above mean sea level, the proposed first floor elevations of all
principal structures and accessory structures, and all
specifications for grading and fill.
(2) The City Administrator and/or his designee shall transmit one (1) copy of all
required documentation to the Papio Natural Resource District for review and
comment. Such review and comment, if any, shall be made at part of the record of
the City Council.
(3) As conditions for granting a building permit, the City Administrator and/or his
designee may require specific measures which are intended to minimize the hazard
due to flooding and which shall include, but not be limited to, the following:
(a) The first floors of buildings or structures shall be placed one
(1) foot above the elevation of the 100 year flood.
(b) Foundations of all structures shall be designed and
constructed to withstand flood conditions at the proposed
construction site.
(c) Basements, lower floors, or appurtenances located below the
elevation of the 100 year flood shall be designed and
constructed to prevent passage of water into the building or
structure and to withstand flood conditions, including
hydrostatic pressures of elevated water tables and the
momentum of flood flows. Materials for construction shall be
of a type not deteriorated appreciably by water. Windows,
doorways, and other openings into the building or structure
that are located below the elevation of the 100 year flood shall
be designed and constructed incorporating adequate flood
proofing.
(d) All electrical equipment, circuits, and installed electric
appliances shall be located so as to not be subject to flooding
or shall be flood proofed to prevent damage resulting from
inundation from the 100 year flood.
(e) Sanitary and storm sewer drains shall be equipped with valves
capable of being closed, manually or automatically, to prevent
backup of sewage and storm waters into the building or
structure. Gravity draining of basements may be eliminated
by mechanical devices.
(f) Any chemical storage, explosive, buoyant, and inflammable
liquid storage shall be located above the 100 year flood level
or shall be adequately flood proofed to prevent flotation of
tanks or other appreciable damage or escape into the flood
waters of toxic materials.
(g) Land may be filled provided such fill extends 15 feet beyond
the limits of any building or structure erected thereon.
1002.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the
Parent District of which this district is made a part shall be prohibited.
1002.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent
District of which this district is made a part shall be the minimum lot requirements
subject to additional requirements as prescribed by the City Council.
1002.08 MINIMUM YARD REQUIREMENTS: The yard requirements ofthe Parent
District of which this district is made a part shall be the minimum yard requirements
subject to additional requirements as prescribed by the City Council.
1002.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES : The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
1002.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the
Parent District of which this district is made a part shall be the maximum lot
coverage requirements subject to additional requirements as prescribed by the City
Council.
1002.10 MAXIMUM HEIGHT: The height requirements of the Parent District of
which this district is made a part shall be the maximum height requirements subject
to additional requirements as prescribed by the City Council.
1002.11 SIGN REGULATIONS: The sign regulations ofthe Parent District of which
this district is made a part shall be the minimum requirements for sign regulations
subject to additional requirements as prescribed by the City Council.
1002.12 OFF - STREET PARKING: The off-street parking requirements of the
Parent District of which this district is made a part shall be applicable.
1002.101 FLOOD PLAIN DISTRICT; DEFINITIONS: Unless specifically defined
below, words or phrases used in this Section shall be interpreted so as to give them
the same meaning as they have in common usage and so as to give this Section 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 City Administrator and/or his designee's
interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - a designated AO or AH zone or 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
characterized 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 official flood plain study
as the elevation of the 100 -year flood.
n
BASE FLOOD PROTECTION ELEVATION - an elevation one foot higher than the
water surface elevation of the base flood.
BASEMENT - any area of the building having its floor subgrade (below ground
level) on all sides.
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, excavation, 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
Construction" 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; or
2) the unusual and rapid accumulation of run -off of
surface waters from any source.
FLOOD INSURANCE RA'Z'E 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 - any land area susceptible to being inundated by water from any
source (see definition of "FLOOD OR FLOODING ").
FLOOD PLAIN MANAGEMENT - the operation of an overall program 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 SYS'LEM - 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
conformance with sound engineering standards.
FLOOD PROOFING - any combination of structural and non - structural additions,
changes or adjustments to structures, including 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 watercourse and the adjacent
portion of the flood plain that must be reserved in order to discharge the 100 -year
flood without cumulatively 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, outside 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 offload plain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height
calculated 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.
HISTORIC STRUCTURE - any structure that is (a) listed individually on the
National Register of Historic Places (a list maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historic significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; or (c)
individually listed on a state inventory of historic places.
LOWEST FLOOR - the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, 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 applicable 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 trailers,
travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufacture home" does not
include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous
parcels) of land divided into two or more manufacture 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.
PRINCIPALLY ABOVE GROUND - at least 51 percent of the actual cash value of
the structure is above ground.
RECREATIONAL VEHICT,F, - a vehicle which is (a) built on a single chassis; (b)
400 square feet or less when measured at the largest horizontal projections; (c)
designed to be self - propelled or permanently towable by a light duty truck; and (d)
designed primarily not for use as a permanent dwelling but as a temporary living
quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA - the land in the flood plain within a
community subject to one percent or greater chance of flooding in any given year.
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
improvement 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 state of excavation or the placement of a manufactured home on a
foundation. Permanent construction 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 on 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 principally above ground, as
well as a manufactured home, and a gas or liquid storage tank that is principally
above ground.
SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before - damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
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 structure
has been damaged and is being restored, before the damage occurred. For the
purpose ofthis definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external 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 requirements ofthis 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.
1002.102 FLOOD LOSSES REGULATING FROM PERIODIC INUNDATION:
The flood hazard areas of Blair, Nebraska, are subject to inundation which results in
loss of life and property, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base all of which adversely affect the public health,
safety, and general welfare.
1002.103 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.
1002.104 METHODS USED TO ANALYZE FLOOD HAZARDS: This Section
uses a reasonable method of analyzing flood hazards which consists of a series of
interrelated steps.
1. Selection of a base flood which is based upon engineering
calculations which permit a consideration of such flood
factors as its expected frequency 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 subject 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 July 16, 1981, 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.
1002.105 STATEMENT OF PURPOSE: It is the purpose of this Section to promote
the public health, safety, and general welfare and to minimize those losses described
in Section 1002.103 by applying the provisions of this Section to:
1. 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.
2. Require that uses vulnerable to floods, including public
facilities which serve such uses, be provided with flood
protection at the time of initial construction.
3. Protect individuals from buying lands which are unsuited for
intended purposes because of flood hazard.
4. 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.
1002.106 FLOOD PLAIN DISTRICT; JURISDICTION: This Section 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 1002.111 of this Section. In
all areas covered by this Section 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 1002.112, 1002.113, 1002.114,
and 1002.115.
1002.107 FLOOD PLAIN DISTRICT; ENFORCEMENT OFFICER: The City
Administrator of the Community and/or his designee is hereby designated as the
Council's duly designated Enforcement Officer under this Section.
1002.108 FLOOD PLAIN DISTRICT; INTERPRETIVE AND MISCELLANEOUS
PROVISIONS: The boundaries ofthe 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.
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 Section and other applicable regulations.
Abrogation and Greater Restrictions. It is not intended by this Section to repeal,
abrogate or impair any existing easements, covenants, or deed restrictions. However,
where this Section imposes greater restrictions, the provision of this Section shall
prevail. All other Sections inconsistent with this Section are hereby repealed to the
extent of the inconsistency only.
Interpretation. In their interpretation and application, the provisions of this Section
shall be held to be minimum requirements and shall be liberally construed in favor
of the governing body and shall be deemed a limitation or repeal of any other powers
granted by state statutes.
Warning and Disclaimer of Liability. The degree of flood protection required by
this Section 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 increased by man -made or natural causes, such
as ice jams and bridge openings restricted by debris. This Section does not imply that
areas outside floodway and floodway fringe district boundaries or land uses permitted
within such districts will be free from flooding or flood damages. This Section 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 Section or any
administrative decision lawfully made thereunder.
Severability. If any section, clause, provision or portion of this Section is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
Section shall not be affected thereby.
Application for Appeal. Where a request for a permit to develop or a variance is
denied by the City Administrator and/or his designee, 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.
DEVELOPMENT PERMIT.
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 1002.110.
2. ADMINISTRATION. The City Administrator and/or his designee
is hereby appointed to administer and implement the provisions of
this Section.
A. Duties of the City Administrator and/or his designee 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 Section 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 sh all 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
basement) 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 flood - proofing is utilized for a particular
structure, the City Administrator and/or his designee
shall be presented certification from a registered
professional engineer or architect.
1002.109 FLOOD PLAIN DISTRICT; PROCEDURE: 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 for each
such building or structure.
The City Administrator and/or his designee is hereby appointed to administer
and implement the provisions of this Section. Duties of the City Administrator
and/or his designee shall include, but not be limited to:
1. Review of all development permits to assure that sites are reasonably
safe from flooding and that the permit requirements of this Section
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 Commission Flood
Plain Management Section prior to any alteration or relocation of a
water course, 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 basement) 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 flood - proofing is utilized for a particular structure the City
Administrator and/or his designee shall be presented certification
from a registered professional engineer or architect.
1002.110 FLOOD PLAIN DISTRICT; APPLICATION FOR PERMIT: To obtain
a permit, the applicant shall first file an application in writing on a form furnished for
that purpose. Every such application shall:
1. Identify and describe the work to be covered by the permit.
2. Described 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 definitely locate the proposed building or
work.
3. Indicate the use of occupancy for which the proposed work is
intended.
4. Be signed by the permitee or his or her authorized agent who may be
required to submit evidence to indicate such authority.
5. Give such other information as reasonably may be required by the
City Administrator and/or his designee.
1002.111 FLOOD PLAIN DISTRICT; ESTABLISHMENT OF ZONING
DISTRICTS: The mapped flood plain areas within the jurisdiction of this Section
are hereby divided into the two following districts: 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 unnumbered A Zones as identified on the
official FIRM when identified in the Flood Insurance Study provided by the Federal
Insurance Administration.
1002.112 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY
OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT:
No permit for development shall be granted for new construction, substantial
improvement and other improvements including the placement of manufactured
homes within the identified flood plain unless the conditions of this Section are
satisfied.
All areas identified as numbered A Zones by the Federal Insurance
Administration are subject to inundation of the100 -year flood; however, the water
surface elevation was not provided. This unnumbered A Zones shall be subject to
all development provisions of this Section. If Flood Insurance Study data is not
available, the community shall utilize any base flood elevation data currently
available within its area of jurisdiction.
New construction, subdivision proposals, substantial improvement,
prefabricated buildings, placement of manufactured homes and other developments
shall require:
1. Design or anchorage to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads including the
effects of buoyancy.
2. New or replacement water supply systems and/or sanitary sewage systems be
designed to minimize or eliminate infiltration 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 contamination.
3. 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
4. All utility and sanitary facilities be elevated and flood - proofed one foot above
the regulatory flood elevation.
5. That until a Foodway has been designated, no development including landfill,
may be permitted within the identified 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.
6. Storage of Material and Equipment:
A. 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.
B. 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.
7. Subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, be required to
assure that (a) all such proposals are consistent 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 manufactured
home parks and subdivisions) of five (5) acres or fifty (50) lots,
whichever is lesser, include within such proposals the regulatory
flood elevation (base flood elevation).
1002.113 FLOOD PLAIN DISTRICT; PERMITTED USES. Any use permitted in
Section 1002.115 shall be permitted in the Floodway Fringe Overlay District. No use
shall be permitted in the district unless the standards of Section 1002.112 are met.
1002.114 FLOOD PLAIN DISTRICT: STANDARDS FOR THE FLOODWAY
FRINGE OVERLAY DISTRICT.
1. Require new construction or substantial improvements of residential
structures to have the lowest floor, including basement elevated one foot
above the base flood elevation.
2. Require new construction or substantial improvements of non - residential
structures to have the lowest floor, including basement, elevated one foot
above the base flood elevation or, together with attendant utility and sanitary
facilities, to be flood - proofed 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
hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the appropriate city official.
3. Require for all new construction and substantial improvements that fully
enclose areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of flood waters. 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 coverings
or devices provided that they permit the automatic entry and exit of flood
waters.
4. Within AH zones adequate drainage paths around structures on slopes shall
be required in order to guide flood waters around and away from proposed
structures.
5. 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 comer 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 or
substantially improved within any special flood hazard areas
on the community' s FIRM (including but not limited to Zones
A1-30, AFI and AE) on sites:
(1) Outside of a manufactured home park or
subdivision;
(2) in a new manufactured home park or
subdivision;
(3) In an expansion to an existing manufactured
home park or subdivisions; or
(4) In an existing manufactured home park or
subdivision on which a manufactured home
has incurred "substantial damage" as the result
of a flood;
be elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or above
one foot (1') above the base flood elevation; and be
securely anchored to an adequately anchored
foundation system pursuant to the provisions of
Subsection 5(A) hereinabove.
C. Require that manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or
subdivision, within special flood hazard areas on the
community's FIRM that are not subject to the provisions of
Subsection 5(B) hereinabove, be elevated so that either :
(1) the lowest floor of the manufactured home is
at or above one foot (1') above the base flood
elevation; or
(2) the manufactured home chassis is supported
by reinforced piers or other foundation
elements of at least equivalent strength that
are no less than 36 inches in height above
grade; and be securely anchored to an
adequately anchored foundation system in
accordance with the provisions of
Subparagraph 5(A) hereinabove.
6. Located within the areas of special flood hazard, designated as AO
Zones, the following apply:
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 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 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 flood - proofed 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 City Administrator and/or his
designee.
C. Adequate drainage paths around structures on slopes shall be required
in order to guide flood waters around and away from proposed
structures.
1002.115 FLOODWAY OVERLAY DISTRICT - PERMITTED USES: 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 Sections 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 1002.112, 1002.113,
and 1002.114.
1. Agricultural uses such as general farming, pasture, nurseries, forestry.
2. Residential uses such as lawns, gardens, parking and play areas.
3. Non - residential areas such as loading areas, parking, airport landing
strips.
4. 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 identified floodway (FW) area.
5. Replacement of manufactured homes in existing manufactured home
parks and subdivisions is prohibited unless the conditions of Sections
1002.114 (5) and Section 1002.115 are met.
6. In Zone A unnumbered, obtain, review and reasonably utilize any
floodway data available through Federal, State or other sources or
Section 1002.112 of this Section, in meeting the standards of this
Section.
New structures for human habitation are prohibited. All encroachments, including
fill, new construction, substantial improvements, or other developments must be
prohibited unless certification by a registered professional engineer or architect is
provided demonstrating that the development shall not result in any increase in water
surface elevations along the floodway profile during occurrence of the base flood
discharge. The uses are subject to the standards of Sections 1102.12 and 1102.113.
In Zone A unnumbered, obtain, review and reasonably utilize any flood elevation and
floodway data available through Federal, State or other sources or Section 1102.112
(7) of this Ordinance in meeting with the standards of this Section.
1002.116 FLOOD PLAIN DISTRICT; VARIANCES.
1. The Board of Adjustment as established by the City of Blair shall
hear and decide appeals and requests for variances from the
requirements of this Section.
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 City Administrator and/or his designee in
the enforcement or administration of this Section.
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.
4. In passing upon such applications, the Board of Adjustment shall
consider all technical evaluation, all relevant factors, standards
specified in other sections of this Section; and:
a. The danger that materials may be swept onto other lands to
the injury of others;
b. The danger of life and property due to flooding or erosion
damage;
c. The susceptibility of proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner;
d. The importance of the services provided by the proposed
facility to the community;
e. The necessity to the facility of a waterfront location, where
applicable;
f. The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
g. The compatibility of the proposed use with existing and
anticipated development;
h. The relationship of the proposed use to the comprehensive
plan and flood plain management program for that area;
Conditions for variances:
i. The safety of access to the propertyy in times of flood for
ordinance and emergency vehicles;
j. 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
k. The costs of providing governmental services during and after
flood conditions including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
1. Generally, variances may be issued for new construction 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 (2-
6) have been fully considered. As the lot size increases beyond the
one -half acre, the technical jurisdiction required for issuing the
variance increases.
2. Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5. 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 of 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.
6. The applicant shall be given a written notice over the signature of a
city official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for
flood insurance up to amounts as high as $25.00 for $100.00 of
risurance coverage, and (2) such construction below the base flood
level increases risk to life and property. Such notification shall be
maintained with a record of all variance actions as required by this
Ordinance.
1002.117 FLOOD PLAIN DISTRICT; NON - CONFORMING USE: A structure or
the use of a structure or premises which was lawful before the passage or amendment
of the Section but which is not in conformity with the provisions of this Section may
be continued subject to the following conditions:
1. No such use or substantial improvement of that use shall be
expanded, changed, enlarged, or altered in a way which increases its
conformity.
2. If such use is discontinued for six consecutive months, any future use
of the building premises shall conform to this Section. The Utility
Department shall notify the City Aclmini stator and/or his designee in
writing of instances of nonconforming uses where utility services
have been discontinued for a period of six months.
3. Uses or adjuncts thereof which are or become nuisances shall not be
entitled to continue as nonconforming uses.
4. 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.
5. 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 Section. 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 State Inventory of Historic Places.
1002.118 FLOOD PLAIN DISTRICT; PENALTIES FOR VIOLATION: Violation
of the provisions of this Section 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 Section 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.
1002.119 FLOOD PLAIN DISTRICT; AMENDMENTS: The regulations,
restrictions, and boundaries set forth in this Section 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 Section are in compliance
with the National Flood Insurance Program Regulations as published in Title 44 of
the Code of Federal Regulations and the 1983 Nebraska Flood Plains Regulations
Act.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
SECTION 5. It is hereby provided that, due to the voluminous nature of this ordinance, this
ordinance shall be published in pamphlet form and be available for inspection at the offices of the
City Clerk of the City of Blair, Nebraska, and that legal publication in a paper of general circulation
is waived.
PASSED AND APPROVED this l5thday of December , 1999.
CITY OF BLAIR, NEBRASKA
ATTEST:
_6/7,7a zo-f•
BRENDA R. TAYLO CLERK
(SEAL)
MICHAEL A. MINES, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR 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 15th day
of December, 1999.
f a t -L, RENDA R. TAYLO C LERK
B TAYLOR,