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2001ORDINANCE NO. 19 2 0 AN ORDINANCE ACCEPTING THE CONVEYANCE OF A PORTION OF TAX LOT 175 IN SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 P.M. IN WASHINGTON COUNTY, NEBRASKA FROM WANDA J. MILLER AND DEDICATING SUCH REAL ESTATE AS AN EXTENSION OF 10 STREET IN THE CITY OF BLAIR, NEBRASKA; ACCEPTING THE CONVEYANCE OF A PORTION OF TAX LOT 173 IN SECTION 13, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 P.M. IN WASHINGTON COUNTY, NEBRASKA FROM THE BLAIR AREA YOUNG MEN'S CHRISTIAN ASSOCIATION AND DEDICATING SUCH REAL ESTATE AS AN EXTENSION OF WILBUR STREET AND AN EXTENSION OF 10 STREET IN THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN, 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 the Warranty Deed from Wanda J. Miller be and hereby is accepted and that said real estate, legally described as follows: Part of Tax Lot 175 and part of dedicated 10 Street, all lying in the NW %4NE� /a of Section 13, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska and more particularly described as follows: Beginning at the southwest corner of the NW1/4NE1/4 of Section 13, Township 18 North, Range 11 East and assuming the south line of the NE%4NW' /4 of said Section 13 to bear S 90° 00'00" W; thence N 00° 03'09" W along the west line of the NW'/NE1/4 of Section 13 a distance of 659.15 feet to the northwest comer of the S' /2NW'/4NE'/4; thence N 89° 57' 07 E a distance of 33.00 feet; thence S 00° 03' 09 E parallel to and 33.00 feet east of said west line a distance of 659.17 feet to the south line of said NW'/4NE%; thence S 90° 00' 00" W along said south line a distance of 33.00 feet to the Point of Beginning; and containing 0.50 Acres, more or less, of which 0.19 Acres, more or less, are in previously dedicated 10 Street right -of -way, be and hereby is dedicated to the public and is accepted as a public street in the City of Blair, Nebraska, and shall be hereafter designated as "10 Street ". SECTION 2. That the Warranty Deed from Blair Area Young Men's Christian Association be and hereby is accepted and that said real estate, legally described as follows: Part of Tax Lot 173, along with part of Lot 3 in Wilson's Addition to the City of Blair, along with a portion of previously dedicated 10 Street and Prospect Avenue, all lying in the NEl /4 NW1 /4 of Section 13, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska and more particularly described as follows: Beginning at the southeast corner of the NE1 /4 NW1 /4 of Section 13, Township 18 North, Range 11 East; thence S 90°00'00" W (assumed bearing) along the south line of said NE1 /4 NW1/4 a distance of 1220.81 feet to the easterly right -of -way line of U.S. Highway No. 75, said point lying on a 2168.84 foot radius to the right; thence northerly along said easterly highway right -of -way line along said 2168.84 foot radius curve an arc distance of 33.45 feet; said curve having a chord bearing of N 09 °25'02" W and a chord distance of 33.45 feet to a point 33.00 feet northerly of the south line of said NE1 /4 NW1 /4; thence N 90 °00'00" E parallel to and 33.00 feet north of said south line a distance of 1193.25 feet to a point 33.00 feet west of the east line of said NE 1 /4 NW1/4; thence N 00°03'09" W parallel to and 33.00 feet west of said east line a distance of 626.12 feet to a point on the north line of the S1 /2 NE1 /4 NW1 /4 of said Section 13; thence N 89 °57'07" E along said north line a distance of 33.00 feet to the northeast corner of said S1 /2 NE1 /4 NW1 /4; thence S 00 °03'09" E along the east line of said S1/2 NE1 /4 NW1 /4 a distance of 659.15 feet to the Point of Beginning; and containing 1.40 Acres, more or less, of which 0.20 Acres are in previously dedicated 10 Street and Prospect Avenue right -of -way, be and hereby is dedicated to the public and is accepted as a public street in the City of Blair, Nebraska, and that east -west portion of said strip shall be hereafter designated as "Wilbur Street ", and the north -south portion of said strip shall be hereafter designated as "10t Street". 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 9 th day of January, 2001. CITY OF BLAIR, NEBRASKA Bvi `1Glichael A. Mines, Mayor AI 1EST: 44' (SEAL) BRENDA R. TAYLO ity Clerk STATE OF NEBRASKA ) :ss: WASHINGTON COUNT BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified, acting 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 the City of Blair, Nebraska, held on the 9 th day of January, 2001. BRENDA R. TAYLOR, C ),iCLERK. ORDINANCE NO. 1921 AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 177 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID STREET IMPROVEMENT DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. Pursuant to Sections 16 -617, 16- 617.01, 16 -618, 16 -619 and 16 -620, R.R.S. Neb. 1997, Street Improvement District No. 177 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: T.L. 173, T.L. 187 and T.L. 157, all in Section 13, T18 N, R11 E, Lot 3, Wilson's Addition to the City of Blair, and vacated Prospect Avenue described as follows: That portion of Prospect Avenue lying east of U.S. Highway 75 and the right -of -way of Tenth Street, all located in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6th Principal Meridian, more particularly described as follows: Beginning at the North Quarter Corner of Section 13, Township 18 North, Range 11 Ea st of the 6th P.M. and assuming the North/South 1/4 line to bear S 00 °02'48" W; Thence S 00 °02'48" W along said North/South 1/4 line a distance of 319.44 feet; thence West a distance of 20 feet; thence S 00 °02'48" W along a line 20.00 feet West of and parallel to the North/South 1/4 line of Section 13 a distance of 693.72 feet to the point of beginning; thence S 89 °56'19" W to a point on the Easterly right -of -way of U.S. Highway 75 (13th Street); thence Southerly along said Easterly right -of -way to a point 50.00 feet South of the last described course; thence N 89 °56'19" E along a line 50.00 feet south of and parallel to said course to a point 20.00 feet West of the North/South 1/4 line of Section 13; thence N 00 °02'48" E to the point of begin *ing, all lying in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska. Within said District, the streets to be improved are: Wilbur Street from Highway 75 to 10th Street; 10th Street from Wilbur Street North a distance of 659.17 feet. Section 2. The improvements to be constructed in Street Improvement District No.177 shall include paving and may include curbing, guttering, replacement of pedestrian walks, landscaping, lighting systems and permanent facilities used in connection therewith as determined appropriate by the Mayor and Council. 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 made by HGM & Associates, employed by the City, to be approved by the City Coimcil. Said improvements in Street Improvement District No. 177 shall be made at public cost, and the cost of suci improvements, excepting street intersections, shall be assessed against the property within said District specially benefitted thereby, in proportion to such benefits. Section 4. That this ordinance shall be known as Ordinance No. /92-) and shall be in effect from and after its passage, approval and publication according to law. Passed and approved this R day of rciii -fit, ,r , 2001. 0 ATTEST: ORDINANCE NO. 1922 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 38 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF '1'J1J ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19 -2402, R.R.S. Neb. 1997; that said water main extension shall commence at the existing water main as described in Section 3 hereof; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. Section 2. There is hereby created Water Extension District No. 38, said water extension district the outer boundaries of which shall include the following described real estate, to -wit: T.L. 173, T.L. 187 and T.L. 157, all in Section 13, T18 N, R11 E, Lot 3, Wilson's Addition to the City of Blair, and vacated Prospect Avenue described as follows: That portion of Prospect Avenue lying east of U.S. Highway 75 and the right -of -way of Tenth Street, all located in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6th Principal Meridian, more particularly described as follows: Beginning at the North Quarter Comer of Section 13, Township 18 North, Range 11 East of the 6th P.M. and assuming the North/South 1/4 line to bear S 00 °02'48" W; Thence S 00 °02'48" W along said North/South 1/4 line a distance of 319.44 feet; thence West a distance of 20 feet; thence S 00 °02'48" W along a line 20.00 feet West of and to the North/South 1/4 line of Section 13 a distance of 693.72 feet to the point of beginning; thence S 89 °56'19" W to a point on the Easterly right - - way of U.S. Highway 75 (13th Street); thence Southerly along said Easterly right -of -way to a point 50.00 feet South of the last described course; thence N 89 °56'19" E along a line 50.00 feet south of and parallel to said course to a point 20.00 feet West of the North/South 1/4 line of Section 13; thence N 00 °02'48" E to the point of beginning, all lying in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska together with the streets upon which said properties directly abut. Section 3. The size, location and terminal points of the proposed improvements for Water Extension District No. 38 are described as follows: In the right -of -way of Wilbur Street from the existing 8 -inch water main in the right -of- way of Highway 75 East to 10th Street and North in 10th Street right -of -way to a point 659.17 feet north of Wilbur Street; The proposed improvements to be constructed consist of approximately 2,100 lineal feet of watermain and related appurtenances. The watermain consists of polyvinyl chloride (PVC) of 12 inch diameter with related fittings, manholes, service connections, fire hydrants and other related appurtenances as indicated on the drawings. Section 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 So. 16th Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM & Associates, 5022 South 114th Street, Suite 200, Omaha, Nebraska 68137- 2330. Said plans and specifications are hereby incorporated by reference as if set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. Section 5. The engineers' estimate of total construction cost for the proposed water main improvements as heretofore filed with the City Clerk for Water Extension District No. 38 is $90,000.00 Section 6. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 13 day of February, 2001. ATTEST: City Clerk NEBRASKA: ORDINANCE NO. 1923 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 57 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING TI[E SITE, LOCATION AND TERMINAL POINTS OF '1 SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary sewer system beyond the existing system by the construction of sanitary sewer mains pursuant to the authority granted by Section 19 -2402, R.R.S. Neb. 1997; that said sanitary sewer extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer Extension District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. Section 2. There is hereby created Sanitary Sewer Extension District No. 57, the outer boundaries of which shall include the following described real estate, to -wit: T.L. 173, T.L. 187 and T.L. 157, all in Section 13, T18 N, R11 E, Lot 3, Wilson's Addition to the City of Blair, and vacated Prospect Avenue described as follows: That portion of Prospect Avenue lying east of U.S. Highway 75 and the right -of -way of Tenth Street, all located in the NW 1/4 of Section 13, Township 18 North, Range 11 " East of the 6th Principal Meridian, more particularly described as follows: Beginning at the North Quarter Comer of Section 13, Township 18 North, Range 11 East of the 6th P.M. and assuming the North/South 1/4 line to bear S 00 °02'48" W; Thence S 00 °02'48" W along said North/South 1/4 line a distance of 319.44 feet; thence West a distance of 20 feet; thence S 00 °02'48" W along a line 20.00 feet West of and parallel to the North/South 1/4 line of Section 13 a distance of 693.72 feet to the point of beginning; thence S 89 °56'19" W to a point on the Easterly right -of -way of U.S. Highway 75 (13th Street); thence Southerly along said Easterly right -of -way to a point 50.00 feet South of the last described course; thence N 89 °56'19" E along a line 50.00 feet south of and parallel to said course to a point 20.00 feet West of the North/South 1/4 line of Section 13; thence N 00 °02'48" E to the point of beginning, all lying in the NW 1/4 of Section 13, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska, together with the streets upon which said properties directly abut. Section 3. The size, location and terminal points of the proposed improvements for Sanitary Sewer Extension District No. 57 are described as follows: In the 10th Street right -of -way from the existing 10" sanitary sewer main approximately 350 feet south of outfall sewer main that crosses 10th Street at South Creek, then south to Wilbur Street and then west in Wilbur Street right -of -way to Highway 75. The proposed improvements to be constructed consist of approximately 2,300 lineal feet of sewer line and related appurtenances. The sewer mains consist of polyvinyl chloride (PVC) of 10 and 12 inch diameter with related fittings, 54" precast manholes, 6" PVC service connections and other related appurtenances as indicated on the drawings. Section 4. A more detailed desuiption of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 So. 16th Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM & Associates, 5022 South 114th Street, Suite 200, Omaha, Nebraska 68132 -2330. Said plans and specifications are hereby incorporated - by reference as if set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. Section 5. The engineers' estimate of total construction cost for the proposed sanitary sewer improvements as heretofore filed with the City Clerk for Sanitary Sewer Extension District No. 57 is $90,000.00. Section 6. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 13 day of February, 2001. ATTEST: City Clerk ORDINANCE NO. 19 2 4 AN ORDINANCE REZONING TAX LOTS 150 AND 172 IN SECTION 7, TOWNSHIP 18 NORTH, RANGE 12, EAST OF THE 6 P.M., IN WASHINGTON COUNTY, NEBRASKA, FROM MULTI- FAMILY, LOW DENSITY RESIDENTIAL (RML) TO AGRICULTURAL, INDUSTRIAL (A/MH); 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 Lots 150 and 172 in Section 7, Township 18 North, Range 12, East of the 6 P.M., in Washington County, Nebraska from Multi- family, Low Density Residential to Agricultural, Industrial (A/MH). 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 1 0th. day of April, 2001. CITY OF BLAIR, NEBRASKA BY2 © �� -.f,' MICHAEL A. MINES, MAYOR ATTEST: k z °,1 11 ,,Z, /4 BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) 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 1 0th day of April, 2001. 1 GSA BRENDA R. TAYLOR, CI . CLERK ORDINANCE NO. 19 2 5 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF REAL ESTATE DESCRIBED AS: TAX LOT 86 AND TAX LOT 88 IN SECTION 27, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA; TAX LOT 60 IN SECTION 27, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA; TAX LOT 63 IN SECTION 34, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA; TAX LOT 84 IN SECTION 27, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6 P.M. WASHINGTON COUNTY,. NEBRASKA; AND ALL INTEREST, IF ANY, IN TAX LOT 77 IN SECTION 27, TOWNSHIP 19 NORTH, RANGE 11 EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA, FOR THE SALE PRICE OF $236,000.00 AND ALSO PROVIDING FOR THE OTHER TERMS AND CONDITIONS OF SAID SALE; APPROVING THE TERMS AND PROVISIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAIR, NEBRASKA AND THE BLAIR AIRPORT AUTHORITY REGARDING THE DISTRIBUTION OF SALE PROCEEDS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the City of Blair authorizes the Mayor and City Clerk to execute and deliver the Interlocal Agreement attached hereto and marked "Exhibit A" by and between the City of Blair, Nebraska and the Blair Airport Authority, whereby the City of Blair, Nebraska agrees to allow the Blair Airport Authority to retain the entire sale proceeds from the sale of the subject property, subject to certain conditions and restrictions. SECTION 2. The conveyance of the subject property described hereinabove, shall be pursuant to the terms and conditions of the Purchase Agreement attached hereto and marked Exhibit SECTION 3. That the Mayor and City Clerk of the City of Blair, Nebraska, are hereby authorized and directed to make all notification and publications required by law and after the remonstrance period, to execute and deliver any and all necessary documents, deeds or other instruments to effectuate such conveyance of real estate. 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 27th day of March , 2001. CITY OF BLAIR, NEBRASKA ATTEST: (SEAL) BRENDA R. TAYLOR, CITY 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 passed and approved at a regular meeting of the Mayor and City Council of said City held on the 2 7th day of March , 2001. A .g,t/tizt_ BRENDA R. TAYLOR, C Y CLERK 1 EXHIBIT "A" INTERLOCAL AGREEMENT THIS AGREEMENT made on March 27 , 2001, by and between the City of Blair, Nebraska, a governmental subdivision, hereinafter referred to as "City" and the Blair Airport Authority, a governmental subdivision, hereinafter referred to as "Airport Authority". WHEREAS, pursuant to Resolution No. 1993 -22, City transferred the full and exclusive jurisdiction and control over all facilities owned or thereafter acquired by the City of Blair, including, but not limited to the real estate described on Exhibit "A ", attached hereto and iincorporated by this reference herein (hereinafter referred to as "Subject Property "), for the purpose of aviation operation, air navigation, and air safety operation. WHEREAS, an offer has been received by the City for the purchase of the Subject Property for the sum of Two Hundred and Thirty -six Thousand Dollars ($236,000.00). IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES, AND. OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. Surrender of Use and Occupancy: The Airport Authority agrees to surrender the use and occupancy of the Subject Property unto the City of Blair for the purpose of selling and transferring the Subject Property to Perfect Drive, LLC, a Nebraska Limited Liability Company, for the sum of Two Hundred and Thirty -six Thousand Dollars ($236,000.00). 2. Distribution of Proceeds: In consideration of this Agreement, the City of Blair agrees that the Airport Authority retain the entire net sales proceeds from the Page 1 of 3 sale of the Subject Property; provided further, that for purposes of this Agreement, the net sales proceeds shall mean the gross sales price of Two Hundred and Thirty -six Thousand Dollars ($236,000.00) less any costs associated with the Seller's share of the title insurance, proration of real estate taxes, documentary stamp tax or escrow closing cost, if any. 3. Use of Proceeds: As further consideration for this Agreement, the Airport Authority agrees that the net sales proceeds shall be used to either: (i) Apply against the outstanding indebtedness of the Airport Authority; and/or (ii) Pay toward the Airport Authority's share of the cost of the expansion and development of the current airport located on South Highway 133, Washington County, Nebraska; provided further, that in the event the net sales proceeds have not been expended by June 30, 2004, then the Airport Authority shall pay and apply said net sales proceeds to the outstanding indebtedness of the Airport Authority. AI !EST: CITY OF BLAIR, NEBRASKA BY•_ -- i BRENDA R. TAYL CITY CORM MICHAEL A. MINES, MAYOR BLAIR AIRPORT AUTHORITY EAlithl'1 "A" Tax Lot 86 and Tax Lot 88 in Section 27, Township 19 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 60 in Section 27, Township 19 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 63 in Section 34, Township 19 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 84 in Section 27, Township 19 North, Range 11 East of the 6 P.M., Washington County, Nebraska, and All interest, if any, in Tax Lot 77 in Section 27, Township 19 North, Range 11 East of the 6 P.M., Washington County, Nebraska Page 3 of 3 This Purchase Agreement made and entered into by and between The City of Blair, Nebraska, hereinafter referred to as "Seller ", and Perfect Drive, LLC, a Nebraska Limited Liability Company, hereinafter referred to as "Buyer ". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but Ihnited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate, PURCHASE AGREEMENT— Real Estate SEE EXHIBIT "A ", hereto attached and incorporated herein by this reference. That, contemporaneously with the closing and consummation of this sale, Buyer shall be required to execute, deliver, and record with the deed liereiti,. aridpriot to the recording of any other lien or encumbrance, the Declaration of Covenants described'in Paragraph 14, hereinbelow. 2: Purchase Price and Terms of Payment. The purchase.price foi the 'aforesaid real and personal property being purchased by the Buyer is 'iii.the stu ff YfTwo "Hundred Thirty -Six Thousand Dollars ($236,000.00) to be paid in casli or cei ea Rinds at time of closing. 3. Right of Remonstrance: This Purchase Agreemeiitis subject to the provision of Neb. Rev. Stat. 16 -202. In the event a remonstrance liailiiie c{ y f 'pi t omit to Neb. Rev. Stat. 16 -202, then and in that event, this agreement'sliell thrmiiaate hull and void. 4. Closing Date. The closing date for ttie.ir ri shall be ;within Fourteen (14) days after the latter of: (a) Receipt by Buyer of the title instiiraric comtiiil1ent required by this Agreement; and (b) Compliance with the requireteh 1997). Closing shall occur at the office of Nebraska. 5. Title Insurance. Title insurance of title. Seller shall provide Buyer with a. c >r tiiii marketable title in Seller, (except for TeX East of the 6 P.M. Washington County:'1' issued by said title insurance company of appear on the form and any further ex n' Y �eptipn Written notice of any such defects, including x affecting title to the property contained xn the or its counsel shall be delivered to Sellerrs w t)i m comitment of title insurance. Seller has'no of iiga unwilling to cure such defects to the ieasonalil :s thereafter, and if said defects are not so re .eV `'Stet .16=202 (Reissue of tornny for the City of Blair, March 27 ,2001 e onveyance in lieu of an abstract e insurance; showing good and TeVyn? hip 19 North, Range 11 cy,`iif title insurance shall be such printed exceptions as es as are `acceptable to Buyer. striations or other matters gilt that is unacceptable to Buyer Sys of receipt of the to cure any defects. If Seller is unable or Eiou of Buyer within a reasonable time ib le amount of time, then either party may terminate this Agreement. Buyer agrees to pay the total cost of the title insurance premium. 6. Ouit Claim Deed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to be conveyed to Buyer all of Seller's right, title and interest in and to said real estate described hereinabove, by Quit Claim Deed, subject to the following: (a) General Real Estate`Taxes. Real estate taxes due and payable as provided in Paragraph 7 of this Purchase Agreement. (b) (c) Protective Covenants. Easements and Other Restrictions of Record. Protective covenants, easements and other restrictions recorded of record, and accepted by Buyer pursuant to Paragraph 5, hereinabove, including but not limited to the Declaration of Covenants described in Paragraph 14 hereinafter, and Other. Lease and Agreement dated November 19, 1996, as amended, by and between the Blair Airport Authority of the City of Blair, Nebraska, a Political Subdivision of the State of Nebraska and the Blair Golf Club, a Nebraska Non -Profit Corporation, provided that Seller and/or Blair Airport Authority assigns all of its right, title and interest as Landlord to Buyer at closing. (d) Tax Lot 77: ' Seller makes no representation as to Tax Lot 77 in Section 27, Township 19 North, Range 11 East of the 6'. P•M:, Washington County, Nebraska, but agrees to convey by Quit et' Deec1 all of Seller's right, title and interest. 7. General Real Estate Taxes. Real estate taxes accruing4uring the year 2001 and all subsequent years' real estate taxes shall be the'sble; Ol ligation bf dk d paid by Buyer. 8. Possession. Seller's tenant shall have exclusive of closing. Any risk of loss to the property.shai conveyed to Buyer. In the event prior to closing rw�� damaged by fire, explosion or any other cause;' Agreement. Buyer shall assume all risk of loss froiii46, i`a r date of closing. 9. Specific Performance. It is undetst *i + bring action for a specific performance of d exec" • is in default in carrying out their obligatio_i , 10. Time is of the Essence. Time: dial (dates) specified hereinabove both before Conveyance of Title. It is undo: manner be construed to convey title to sai thereof. 12. Disclaimer of Warranties/Peii b it has inspected all property to be pure)*e,` with its condition and accepts the proji represented herein. The Buyer represents' investigated to the full satisfaction of Wear and the improvements thereon and the.f 7ttut acknowledges that this offer is based undersigned Buyer and neither Seller r nbr an ss 0ssrion of the property until date ;t's.teriant until title has been ;said teal estate are materially e right to rescind this ;that hoth.parties retain their right to Bement ih the event the other party Se#,in this Agreement for all times : g date. Bed at:tlus Agreement shall in no e . any right to take possession tzyer acknowledges and agrees that greement,s thoroughly familiar ti 1i, accept as otherwise iyer °kn ows,` has examined and has aisture and condition of the property enant s annexed thereto. Buyer • .ii'aspection of the property by the nrney, employee or representative of Seller has made any representations whatsoever regarding the subject matter of this sale or any part thereof including (without limiting the generality of the foregoing) representations as to the physical nature or condition of the premises to be transferred to the Buyer hereunder, except as expressly set forth in this Agreement. Buyer agrees to take the premises and the property to be transferred hereunder "as is" as of the date of execution of this Agreement. Buyer waives any right to make any claim whatsoever against Seller or Seller's agents before or after closing with respect to any defect, now known or hereafter discovered, to the property, including but not limited to the condition of the golf course including but limited to all fixtures, improvements, structures, buildings, etc., and all other improvements located thereon, the irrigation systems, buildings, sheds, Washington County, Nebraska zoning regulations and all other Federal, State or local laws, rules or regulations. Buyer acknowledges Seller has not made any representations, warranties, or covenants of any kind or character concerning the quality, amount or character of the business of the Blair Golf Club whether relating to past, present or future business and that the purchase of the Seller's interest is not based upon any of the books or records of the Blair Golf Club which may or may not have been inspected by Buyer prior to the date of closing. 13. Other Terms of Agreement. (a) Buyer shall pay all documentary stamps as a result of the sale, if any (b) Buyer agrees to pay all application fees, loan appraisals, origination fees, discount points, filing fees, or any other costs` associated with Buyers' loan for said real estate. Buyer shall be allowed to have a walk - through inspection of the premises within forty -eight (4B) hours prior eltising. The parties agree and understand thatthe real estate transaction shall be performed by and escrow closing agent. The oast of the escrow closing agent shall be paid by Buyer. • This Agreement shall be binding upon the heirs, representatives, successors and assigns of the parhie §,hereto. This Agreement shall be subjecx,to;and ..0401i,: accordance with the laws of then fa ' i f ebraS (i) Buyer discloses that certain agents in the State of NA' 14. Declaration of Covenants. Buyer agrees to execute and deliver to 5e attached hereto, marked "Exhibit 14" aidntd 15. Contineencv. This Agreei tept • (a) Buyer closing and consun Club, including, but • nOt i i'' interest of the Blair oiil' executed on or about I<To e. This Agreement contains the and supercedes any prior uri i`s agreements between them i'er are no representations, �' ep , agx�eiiten' oral or written between or subject matter of this agreenie r�: �: � ^::Gt54t�:•:•'d- '�e•�,`i�iY.^. .''�aL�s.zr�•a, re sit nderstanding::amongthe parties t of the arties and the, w t su ject mnatter. There 'understandings the ` ics : relating:to the x+ c , e "nYi i1iy expressed herein. This Agreement may not beiltete by written agreement signed h and interpreted in otinodified . other than licensed real estate eiat on for this Agreement, the t2venants, a' copy of which is refetenee herein. on:the following: x lids f the assets of the Blair Golf e ttar s et an and ;conveyance of the leasehold ol"a certain Lease and Agreement 'aud between the Blair Airport ATTEST: Authority of the City of Blair and the Blair Golf Club; and (b) The consent by the City of Blair, Nebraska and the Blair Airport Authority of the City of Blair, Nebraska to a temporary assignment of the November 16, 1996, Lease and Agreement, as amended from time to time, said temporary assignment expiring on May 31, 2001. A copy of this consent is attached hereto, marked Exhibit "15(b)" and incorporated by this reference herein. -‘ /g City Clerk 6 Ai iEST: By „? • • The foregoing instrument was ackno,Wie foi 131 cs ' 144 STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON) ImigI ENERAL NOTARY - ane ottiginsial *Comm. 60.June AMIN PEGGY J. FRAHM MY Calm& BP.JEIN 20,2034 .....itAip.ZILAIri. mots:basis PRAHM CITY OF BLAIR, NEBRASKA, Seller PERFECT DRIVE, LLC, a Nebraska Limita Liibllity COmpany, Buyer , 36 yrAi4horited Manager i . 2001, by STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON) The foregoing instrument was.46, atc, 313 • 2001, by Public t , ■■•••••.. - : • . • ORDINANCE NO. 1926 AN ORDINANCE ADJUSTING AND ESTABLISHING THE BOUNDARIES OF THE VOTING WARDS FOR MUNICIPAL ELECTIONS IN THE CITY OF BLAIR, NEBRASKA., REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EF] ECT. SECTION 1. Pursuant to Neb. Rev Stat. 32 -552 et. seq and Neb. Rev. Stat. 16 -101 et. seq., the Mayor and City Council of the City of Blair, Nebraska, in an effort to make the four voting wards substantially equal in population as determined by the most recent federal decennial census, do hereby adjust and establish the boundaries of the election wards for the City of Blair, Nebraska as set forth on the diagram attached hereto, marked Exhibit "A" and incorporated by this reference herein. SECTION 2. The Mayor and City Council of the City of Blair, Nebraska hereby declare that the adjustments to the voting wards set forth on Exhibit "A" shall be effective for the next municipal election for the City of Blair, Nebraska and for each municipal election thereafter until this Ordinance is amended or rescinded. SECTION 2. The City Clerk of the City of Blair, Nebraska is hereby authorized and directed to notify the Washington County Clerk/Election Commissioner of the need and necessity of her office to perform such adjustments on her records and establish the ward boundaries to conform with Exhibit "A" attached hereto. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED THIS 8 DAY OF MAY, 2001. BRENDA R. TAYLOR, CITY CLERK (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 tie City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Co u ci of said City held on the 8 day of May, 2001. BRENDA R. TAYLOR, C f CLERK ORDINANCE NO. 1927 AN ORDINANCE VACATING THAT PORTION OF 21ST STREET STARTING AT A POINT ON THE EAST PROPERTY LINE 9.35' SOUTH OF THE NORTHEAST CORNER OF LOT 3, HOSPITAL PARK ADDITION, THENCE EAST TO THE EAST RIGHT OF WAY LINE OF 21 STREET AT THE SOUTHWEST CORNER OF LOT 1, STRICKLETT'S ADDITION THEN NORTH ON SAID LOT LINE TO THE SOUTH INTERSECTION OF THE SOUTH RIGHT OF WAY OF HIGHWAY 75, THENCE NORTHWESTERLY ON SAID HIGHWAY 75 RIGHT OF WAY TO THE INTERSECTION WITH THE WEST RIGHT OF WAY OF 21 STREET, THENCE SOUTH ON SAID 21 STREET RIGHT OF WAY A DISTANCE OF 329.67', THENCE WEST 90 °, A DISTANCE OF 15' ON SAID 21 STREET RIGHT OF WAY, THENCE SOUTH ON SAID RIGHT OF WAY TO POINT OF BEGINNING. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The portion of 21' Street starting at a point on the East property line 9.35' South of the Northeast comer of Lot 3, Hospital Park Addition, thence East to the East right of way line of 21' Street at the Southwest corner of Lot 1, Stricklett's Addition then North 011 said lot line to the South intersection of the South right of way of Highway 75, thence Northwesterly on said Highway 75 right of way to the intersection with the West right of way of 21' Street, thence South on said 21s Street right of way a distance of 329.67', thence West 90 °, a distance of 15' on said 21s Street right of way, thence South on said right of way to point of beginning, is hereby declared to be vacated on September 15, 2001; providing, however, from and after the effective date of the vacation, the City of Blair, for itself or its assignees, hereby reserves (i) a perpetual easement over and across the above - described portion of 21' Street for any public or private utilities located, or which may be located or installed, in said vacated street, including but not limited to water lines, sewer lines, telephone, gas or cable television lines; and (ii) a perpetual easement over and across an area at the southernmost end of the vacated portion of 21S street, which area shall have a radius of fifty feet (50') and is to be used as a street cul -de -sac for the public use. SECTION 2. The ownership of the vacated portion of 21' street shall revert to the adjacent landowner, namely, Memorial Community Hospital Corporation, Blair, Nebraska ( "Hospital") provided that Memorial Community Hospital shall construct , at its cost, a concrete cul-de -sac with a fifty feet (50 radius, at the southernmost end of the vacated portion of 21' Street, said cul -de -sac to be designed and constructed pursuant to the applicable City and State specifications for public streets. The Mayor and City Clerk are hereby authorized to execute and deliver the Agreement with Hospital which is attached hereto and incorporated by this reference herein. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this 24th day of July, 2001. /f BRENDA R. TAYL O ITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, quaiified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordin was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 24 day of July, 2001. Lai 46, BRENDA R. TAYLOVCITY CLERK ORDINANCE NO. 1928 AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES OF THE MUNICIPALITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND 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, 2001, and ending September 30, 2002, was published in The Pilot Tribune, the official newspaper of the City of Blair on August 31, 2001; 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, 2001; and ending September 30, 2002. 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 11 day of September, 2001. ATTEST: g. / BRENDA R. TAYLOWITY 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 at a regular meeting of the Mayor and City Council of said City held on the 1.1 day of September, 2001. ha/4Z BRENDA R. TAYLOR, OW CLERK ORDINANCE NO. 1929 AN ORDINANCE REZONING TAX LOT 33, BEING PART OF THE N1 /2 SE1 /4 ALL LYING IN SECTION 9, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 6 P.M. IN WASHINGTON COUNTY, NEBRASKA, FROM GENERAL AGRICULTURAL DISTRICT (AGG) TO RURAL RESIDENTIAL ESTATE DISTRICT (RRE), 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 Cfl'Y 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 33, being part ofthe N1/2 SE1 /4 all lying in Section 9, Township 18 North, Range 11, East ofthe 6 PM in Washington County, Nebraska from General Agricultural District (AGG) to Rural Residential Estate District (RRE). 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 August, 2001. CITY OF BLAIR, NEBRASKA ATTEST: !-- BRENDA R. TAYLOR, TY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, gnafified, and ac 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 14 day of August, 2001. BRENDA R.. TAYLOR, QI'Y CLERK ORDINANCE NO. 1930 AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL" APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF OCTOBER, 2001, AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AN D PURPOSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. There is hereby a for the use of the City of Blair, Washington County, Nebraska, the sum of $17,248,699.00 to be raised and acquired by the levy of general and special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said City for the 2001 -2002 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: FUND ALL SOURCES Total General Fund $ 4,030,089.00 Debt Service $ 1,668,841.00 Street $ 1,979,628.00 Sales Tax (1997 Vote) $ 1,326,293.00 Lodging Occupation Tax $ 37,461.00 Health & Benefit Insurance $ 145,451.00 Water $ 5,168,405.00 Sewer $ 1,377,353.00 Community Development Block Grant Fund (ED) $ 771,800.00 Donated Funds $ 54,991.00 Capital Outlay Reserve $ 237,422.00 Community Development Block Grant Reuse Funds $ 234,811.00 Municipal Tn frastructure Redevelopment Fund $ 37,215.00 Keno Funds $ 178,939.00 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 1 lth day of September, 2001. ATTEST: B ; NDA R. TAYLOR, C ► 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 at a regular meeting of the Mayor and City Council of said City held on the 11 day of September, 2001. BRENDA R. TAYLOR, C CLERK ORDINANCE NO. 1931 AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE Ok F10ERS AND EMPLOYEES OF THE CITY OF BLAIR, NEBRASKA FOR THE FISCAL YEARS 2001/2002 AND 2002 /2003; 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 1, 2001, 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 one 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; provided however, that this provision shall not apply to the Mayor or members of the City Council for the City of Blair, Nebraska for the reason that such compensation and benefits are established under a separate ordinance That the pay grade for street foreman shall be increased to Grade 14 for any street foreman who is certified in the State of Nebraska as a Highway Superintendent. SECTION 2. That, effective commencing with the first day of the first pay period after October 1, 2002, each Pay Grade set forth in the `Bi- Weekly Salary Schedule" shall be increased in an amount equal to three percent (3.0 %) for the 2002/2003 fiscal year SECTION 3. That effective as of October 1, 2001, the Personnel Manuel for employees of the City of Blair, Nebraska shall be and hereby is amended as follows, to -wit: A) Section 8.10 of the Personnel Manuel shall be amended as follows: "The following days and other days designated by the Mayor and City Council shall be official holidays for the City of Blair ( "City holidays "). All City offices and departments will be closed on these days, except Police and Water Treatment Plant. New Years Day (January 1) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Thanksgiving (Fourth Thursday in November) Thanksgiving Friday (Friday after Thanksgiving) * *Christmas Eve (December 24) Christmas (December 25) * *If Christmas Eve Day is on a normal business week day (Mon. - Thurs.), then the partial day commencing at 12:00 p.m. (noon) of Christmas Eve Day shall be an official holiday for all employees and officials of the City government. All workers shall receive four hours for their holiday bank, and anyone working after 12:00 p.m. (noon) shall receive 1 -%2 times pay for those hours. 1. All employees (except for new employees hired during the current year) shall receive a holiday bank of 10 days (80 hours), annually, effective January 1, each year. An employee may use holiday hours anytime during the year. Holidays must be taken at 8 hours per day, except police if working 10 hour days may take 8 ten -hour days (a total of 80 hours), and the water plant operators working 12 hour shifts may take 6 twelve -hour days (a total of 72 hours) and the balance of 8 hours at their discretion. 2. All holiday leave, must be approved by a supervisor prior to leave commencing, except for scheduled City holidays. 3. An employee must use either holiday bank hours, vacation, or comp time to be paid for City holidays. 4. All employees working on designated City holidays shall be paid at a rate of 1-% times for actual hours worked on a City recognized holiday. 5. New employees hired during the current year shall earn holidays as follows: (i) (ii) One holiday (8 hours) for each remaining holiday in the calendar year, on the date that said City holiday occurs; and, One holiday (8 hours) for each 2 -month period worked full time up to a maximum of 3 holidays (24 hours). B) That Section 8.3 of the Personnel Manual shall be modified to eliminate that portion of (C) providing that vacation leave may be taken after successful completion of an introductory period and in its place, the Personnel Manual shall provide that vacation leave may be taken when earned. 6. Employees may not take more than 2 holidays after December 1. 7. Employees will not be paid for unused holidays and holidays (hours) will not carry forward to the next calendar year. 8. A holiday falling on a Saturday shall be observed on the preceding Friday, and a holiday falling on a Sunday shall be observed on the following Monday. 9. For shift workers, the paid holiday shall be the actual holiday. 10. Starting with the 10 anniversary, an Anniversary holiday (8 hours) will be granted for each anniversary divisible by five from employment date." That Section 14.9 of the Personnel Manual shall be amended to provide as follows, to wit: "The Street Department, Utilities Department, Waste Water Plant and Cemetery shall be required to have an employee on call. The City will pay each on -call employee (one employee per department) $50.00 to be on call from 7:00 a.m. on Monday until 6:59 a.m. on the following Monday whether or not the employee is called out. If an employee is called out while on call, the employee will be paid for actual time worked, in quarter hour increments. If the majority of any department elects not to participate in the above policy, then that department will maintain an on -call schedule acceptable to the City Administrator and shall be compensated for actual time worked." D) That Section 14.5 (a) regarding Employee Benefits, shall be modified to provide as follows, to -wit: "a. Medical insurance, vision and dental insurance coverage shall start begin on the first day of the month following the date on which an employee commences full time work. The City shall pay 100% of the single health insurance premium and a percentage of the family health insurance premiums as determined annually by the City Council as of the date of renewal of the City group health insurance policy. The City shall pay an amount equal to 100% of the single insurance premium and 100% of the family dental and family vision insurance premium provided under the City group insurance plan. In the event an employee elects not to participate in the City group repealed. health insurance coverage plan, and the employee provides evidence acceptable to City that employee has health insurance coverage available through a spouse's health insurance plan or some other source of health insurance, then City agrees to pay employee the sum of $140.00 per month in lieu of the single health insurance premium. An employee may elect to be covered under the City group dental and vision plan whether or not they elect to participate in the City group health insurance plan." SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby 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 25th day of September, 2001 . CITY OF BLAIR, NEBRASKA ATTEST: b g"; 6 't-W BRENDA R. TAYLOR, C CL B CLERK (SEAL) STATE OF NEBRASKA ) WASHINGTON COUNTY ):s s: ) 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 25th day of September, 2001. 7 BRENDA R. TAYLOR, CIT LEK NEBRASKA: CITY OF BLAIR, NEBRASKA ORDINANCE NO.1932 AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 179 IN THE. CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID STREET IMPROVEMENT DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, Section 1. Pursuant to Sections 16 -617, 16- 617.01, 16 -618, 16 -619 and 16 -620, R.R.S. Neb. 1997, Street Improvement District No. 179 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 streets described below upon which said properties abut: Lots 118 through Lot 142, inclusive, and Outlot 1, all in Section 2, T18N, R11E, Deerfield First Addition to the City of Blair, Washington County, Nebraska. Within said District, the streets to be improved are: Fieldcrest Drive from the westerly lot line of Lot 118 (extended) to its intersection with Soren Drive; Soren Drive from the southerly lot line of Lot 125 (extended) north, westerly and southwesterly to and including the intersection with Fieldcrest Drive and Crestridge Drive; Crestridge Drive from the southerly lot lines of Lots 136 and 135 (extended) northerly to its intersection with Soren Drive. Section 2. The improvements to be constructed in Street Improvement District No.179 may include paving, 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 fixed by ordinance of said City and shall be constructed in accordance with plans and specifications made by HGM & Associates, employed by the City, to be approved by the City Council. Said improvements in Street Improvement District No. 179 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 benefitted thereby, in proportion to such benefits. Section 4. That this ordinance shall be known as Ordinance No. 1932 and shall be in effect from and after its passage, approval and publication according to law. ATTEST: Passed and approved this l lth day of September, 2001. ?5 Z---. Clem / NEBRASKA: CITY OF BLAIR, NEBRASKA ORDINANCE NO. 1933 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 39 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19 -2402, R.R.S. Neb. 1997; that said water main extension shall commence at the related water main; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City 'of Blair or within one mile beyond such corporate limits Section 2. There is hereby created Water Extension District No. 39, said water extension district the outer boundaries of which shall include the following described real estate, together with the streets upon which said properties directly abut, to -wit: Lots 118 through Lot 142, inclusive, and Outlot 1, all in Section 2, T18N, R11E, Deerfield First Addition to the City of Blair, Washington County, Nebraska. Section 3. The size, location and terminal points of the proposed improvements for Water Extension District No. 39 are described as follows: Commencing in Crestridge Drive from the southerly lot lines of Lots 136 and 135 (extended) northerly to its intersection with Soren Drive, then continuing through such intersection into Fieldcrest Drive and extending therein to the westerly lot line (extended) of Lot 118; and in Soren Drive from the southerly lot line of Lot 125 (extended) north, westerly and southwesterly to the intersection with Fieldcrest Drive and Crestridge Drive. The proposed improvements to be constructed consist of approximately 1,356 lineal feet of watermain and related appurtenances. The watermain consists of polyvinyl chloride (PVC) of 8 inch diameter with related fittings, manholes, service connections, fire hydrants and other related appurtenances as indicated on the drawings. Section 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 So. 16th Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 640 Fifth Avenue, Council Bluffs, Iowa 51502. Said plans and specifications are hereby incorporated by reference as if set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. Section 5. The engineers' estimate of total construction cost for the proposed water main improvements as heretofore filed with the City Clerk for Water Extension District No. 39 is $30,900. Section 6. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. ATTEST: PASSED AND APPROVED this 11th day of September, 2001. 1 City Clerk NEBRASKA: CITY OF BLAIR, NEBRASKA ORDINANCE NO.1934 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 58 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary sewer system beyond the existing system by the construction of sanitary sewer mains pursuant to the authority granted by Section 19 -2402, R.R.S. Neb. 1997; that said sanitary sewer extension shall commence at existing related sewer lines; that none of the properties located within the Sanitary Sewer Extension District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. Section 2. There is hereby created Sanitary Sewer Extension District No. 58, said sanitary sewer extension district the outer boundaries of which shall include the following described real estate, together with the streets upon which said properties directly abut, to -wit: Lots 118 through Lot 142, inclusive, and Outlot 1, all in Section 2, T18N, R1 1E, Deerfield First Addition to the City of Blair, Washington County, Nebraska. Section 3. The size, location and terminal points of the proposed improvements for Sanitary Sewer Extension District No. 58 are described as follows: Commencing in Crestridge Drive from the southerly lot lines of Lots 136 and 135 (extended) northerly to its intersection with Soren Drive, then continuing through such intersection into Fieldcrest Drive and extending therein to the westerly lot line (extended) of Lot 118; and in Soren Drive from the southerly lot line of Lot 125 (extended) north, westerly and southwesterly to the intersection with Fieldcrest Drive and Crestridge Drive. The proposed improvements to be constructed consist of approximately 1,420 lineal feet of sewer line and related appurtenances. The sewer mains consist of polyvinyl chloride (PVC) of 8 inch diameter with related fittings, 54" precast manholes, 6" PVC service connections and other related appurtenances as indicated on the drawings. Section 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 So. 16th Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 640 Fifth Avenue, Council Bluffs, Iowa 51502. Said plans and specifications are hereby incorporated by reference as if set forth herein. Reference should be made to said plans and 'specifications for the specific sizing of pipes and mains as shown above. Section. 5. The engineers' estimate of total construction cost for_ the proposed sanitary sewer improvements as heretofore filed with the City Clerk for Sanitary Sewer Extension District No. 58 is $59,000. Section 6. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. City Clerk PASSED AND APPROVED this 11th day of September, 2001. z-44 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR A CLASS III MISDEMEANOR PENALTY FOR VIOLATION OF SOLICITING, PEDDLING AND HAWKING WITHOUT A PERMIT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: is hereby amended to add the following provision, to -wit: 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 1 lth day of September, 2001 CITY OF BLAIR, NEBRASKA ATTEST: y BRENDA R. TAYLOR, CI (SEAL) "Sec. 10 -204 PENALTY: Violation of the provisions of 10 -201, 10 -202 and and 10 -203 shall be a Class III Misdemeanor." ORDINANCE NO. 935 SECTION 1. Chapter 10, Article 2 of the Municipal Code of the City of Blair, Nebraska, MICHAEL A. 11 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 passed and approved at a regular meeting of the Mayor and City Council of said City held on the 1 lth day of September, 2001. BRENDA R. TAYLOR, CITY CLERK ORDINANCE NO.1936 AN ORDINANCE AMENDING ORDINANCE NO. 1488, ALSO REFERRED TO AS THE MUNICIPAL CODE FOR THE CITY OF BLAIR, NEBRASKA, BY AMENDING SECTION 8 -105 REGARDING OBSTRUCTIONS PLACED ON MUNICIPAL PROPERTY; AMENDING SECTION 8 -110 PROVIDING FOR 'TEMPORARY COMMERCIAL ADVERTISING SIGNS TO BE ALLOWED IN COMMERCIAL ZONING DISTRICTS; AMENDING SECTION 8 -111 PROVIDING FOR TEMPORARY SIGNS ADVERTISING YARD OR GARAGE SALES IN RESIDENTIAL ZONING DISTRICTS, PROVIDING FOR THE TERMS AND CONDITIONS UNDER WHICH SAID TEMPORARY SIGNS MAY BE ERECTED; AMENDING SECTION 1114 OF THE CITY OF BLAIR ZONING REGULATIONS TO PROVIDE FOR CONDITIONS UNDER WHICH TEMPORARY SIGNS SHALL BE PERMITTED WITHIN THE ZONING JURISDICTION OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN, 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 Section 8 -105 of the Municipal Code of the City of Blair, Nebraska, as codified in Ordinance No.1488, is hereby amended as follows, to -wit: "Sec. 8 -105 MUNICIPAL PROPERTY AND RIGHT OF WAY: OBSTRUCTIONS. (A) Trees, Shrubs and Other Vegetation: Trees, shrubs, and other vegetation growing upon or near the lot line or upon public ground and interfering with the use and construction of any public improvements, including sidewalks and streets, shall be deemed an obstruction under this Article. The roots, branches or other portion of such trees, shrubs or other vegetation deemed to be an obstruction by the City Administrator or the Director of Public Works may be removed by the City of Blair at the expense of the owner of the property upon which the tree, shrub or other vegetation is located should the owner fail or neglect, after written notice, to do so. (B) Obstructions: It shall be unlawful for any person, persons, firm, corporation or other entity to place or cause to be placed any fence, gate, building, structure, sign, banner, vending machine or other obstruction on any sidewalks, alleys, streets, or any other public property or public right -of -way; provided, however, the following exceptions shall apply, to -wit: (1) Signs which are authorized under Section 8 -109 through 8 -111 of the Municipal Code for the City of Blair, Nebraska, shall be lawful; and, (2) Newspaper vending machines may be placed upon any public right of way in the City of Blair, Nebraska, which is located in any commercial zoning district, providing that the following terms and conditions are satisfied: A) A request for the placement of a newspaper vending machine shall be initiated by filing an application with the City Administrator upon forms prescribed for that purpose. The application shall be accompanied by a drawing or site plan which sets forth the location of said vending machine, and, in considering whether or not to grant the application, the office of the City Administrator shall consider pedestrian safety and convenience, traffic and pedestrian flow and control glare and compatibility and harmony with properties in the district; and, (B) The length of time that a newspaper vending machine may be placed upon such property shall be determined by the office of the City Administrator. (3) Notwithstanding the provisions of Section 8- 105(b)(2) immediately hereinabove, it shall be unlawful to place or allow to be placed any newspaper vending machines on any right of way or public owned sidewalk along that portion of Washington Street which is located in the Central Business District; and, (C) Any unlawful obstructions may be removed by the City of Blair at the expense of the person, persons, firm, corporation or other entity, owning, placing or allowing such obstruction to be unlawfully placed, should such person, persons, firm, corporation or other entity fail or neglect to remove the same after written notice thereof. SECTION 2. That Section 8 -109 of the Municipal Code of the City of Blair, Nebraska, as codified in Ordinance No.1488, is hereby amended as follows, to -wit: "Sec. 8 -109 POLITICAL SIGNS. GENERALLY. (A) Temporary political signs may be placed upon the right of way owned by the City of Blair, Nebraska, in any zoning district, provided that the following terms and conditions are satisfied: 1. Signs shall not exceed ten (10) feet in area; 2. Signs shall be placed: (A) not less than fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, (B) on the interior side of the sidewalk, whichever location is the greater distance from the street; 3. Signs must be placed at least fifty (50) feet from a comer; 4. Signs shall not be placed within two hundred (200) feet of a polling place; 5. Permission must be obtained from the property owner abutting the City right- of way prior to installing any signs; 6. Signs shall not be installed more than four (4) weeks in advance of any primary, general or special election and shall be removed within seven (7) days after the election day; 7. The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate; and 8. Political signs shall be defined as signs in support of or against a candidate or a proposition which is the subject of a general, primary or special election held in the City of Blair, Nebraska. (B) Political signs placed on City owned right of way that do not conform to the foregoing terms and conditions, or any political signs placed on any City owned parks parking lots or other City owned real estate, shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska." SECTION 3. That Section 8 -110 of the Municipal Code of the City of Blair, Nebraska, as codified in Ordinance No.1488, is hereby amended as follows, to -wit: "Sec. 8 -110 TEMPORARY SIGNS: WHEN AND WHERE AUTHORIZED. (A) Temporary signs advertising real estate for sale may be placed upon right of way owned by the City of Blair, Nebraska, in any zoning district, provided that the following terms and conditions are satisfied: 1. Signs shall not exceed ten (10) square feet in area; 2. Signs shall be placed: (A) not less than fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, (B) on the interior side of the sidewalk, whichever location is the greater distance from the street; 3. Signs must be placed at least fifty (50) feet from a comer; 4. Permission must be obtained from the property owner abutting the City right of way prior to installing any signs; 5. Such signs may only be placed on the right of way immediately abutting the specific real estate advertised for sale and may not be placed at any other location; furthermore, such signs shall be removed within three (3) days of the completion of the sale; and, 6. The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate. (B) Temporary commercial signs advertising business or commercial matters, other than temporary signs advertising real estate for sale as described above, may be placed upon right of way owned by the City of Blair, Nebraska, in any commercial zoning district, provided the following terms and conditions are satisfied: 1. Commercial signs shall only be allowable upon written permit issued by the office of the City Administrator of the City of Blair, Nebraska. 2. A request for a commercial sign permit is initiated by filing an application with the City Administrator upon forms prescribed for the purpose. The application shall be accompanied by drawings or a site plan or other such plans and data showing the dimensions, arrangements, description data and other materials constituting a record essential to an understanding of the proposed commercial sign. 3. The applicant shall submit with the application a nonrefundable application fee. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council by resolution and shall be appended to the Municipal Code as part of an appendix for permit license and application fees. 4. In considering whether or not to grant the application, the office of the City Administrator shall consider pedestrian safety and convenience, traffic and pedestrian flow and control, glare, and compatibility and harmony with properties in the district. 5. The length of time a commercial sign may be placed upon the right of way owned by the City of Blair, Nebraska, shall be determined by the office of the City Administrator but, in no event, shall a commercial sign be allowed to be placed on any property for more than Ten (10) days during any calendar year. (C) Signs advertising real estate for sale placed on City -owned right of way that do not conform to the foregoing terms and conditions, any signs placed on City owned parks, parking lots or other City owned real estate, and any commercial signs in violation of Section 8- 110(b), hereinabove, shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska. SECTION 4. That Section 8 -111 of the Mimicipal Code of the City of Blair, Nebraska, as codified in Ordinance No.1488, is hereby amended as follows, to -wit: "Sec. 8 -111 TEMPORARY YARD /GARAGE SALE SIGNS. (A) Temporary signs advertising yard or garage sales may be placed upon right of way owned by the City of Blair, Nebraska, in any residential zoning district, provided that the following terms and conditions are satisfied: 1. Signs shall not exceed ten (10) square feet in area; 2. Signs shall be placed: (A) not less than fifteen (15) feet from the back of the curb or edge of the pavement if no curb exists, or, (B) on the interior side of the sidewalk, whichever location is the greater distance from the street; 3. Signs must be placed at least fifty (50) feet from a comer; 4. Such signs may only be placed on the right of way immediately abutting the specific real estate on which the yard or garage sale is taking place and may not be placed at any other location; such signs shall be removed within twenty -four (24) hours of the completion of the sale; and, 5. The provisions of this section shall apply only to right of way owned by the City and shall not apply to City owned parks, parking lots or other City owned real estate. (B) Yard or garage sale signs placed on City owned right of way that do not conform to the foregoing terms and conditions or any such signs placed on any City owned parks, parking lots or other City owned real estate shall be removed and disposed of by the City Administrator or by City employees designated by the City Administrator of the City of Blair, Nebraska. SECTION 5. That Section 1114 of the City of Blair Zoning Regulations is hereby amended as follows, to -wit: SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: BRENDA R. TAYLOR, Chi Clerk (SEAL) "SECTION 1114 SIGN REGULATIONS All signs are required to be permanently affixed to a building, pole, post, or set in a permanent foundation in the case of some ground signs. Temporary signs authorized under Chapter 8 of the Municipal Code of the City of Blair, Nebraska shall be permitted pursuant to the terms and conditions set forth therein. Animated or moving signs are not permitted within the zoning jurisdiction of the City of Blair. The area of a permitted sign is calculated by including the entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. In the event a sign has more than one face or advertising surface, the combined area of each face or advertising surface shall be less than, or equal to the total allowable area of the sign." All of the other terms and provisions of Section 1114.01, et. seq., shall remain in full force and effect and shall not be modified by this Ordinance Passed and approved this 13th day of November, 2001. CITY OF BLAIR, NEBRASKA MICHAEL A. MINI Mayor STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified, acting 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 the City of Blair, Nebraska, held on the 13 day of November, 2001 BRENDA R. TAYLOR, CI )i CLERK r ORDINANCE NO. 1937 AN ORDINANCE AMENDING SECTION 6 -338 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA TO AMEND PROVISIONS PERTAINING TO NOISE VIOLATIONS IN THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS:. SECTION 1. That Section 6 -338 of the Municipal Code of the City of Blair, Nebraska, is hereby deleted and revoked in its entirety: SECTION 2, That the Municipal Code of the City of Blair, Nebraska, shall be amended to add the following Section 6-338 pertaining to noise, to -wit: "Sec. 6-338 NOISE, MOTOR VEHICLE LIMITS, BOUND REPRODUCTION DEVICES. (A) It is found and declared that the making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, effect and are a detriment to the public health, comfort, convenience, safety, welfare and the peace and quiet of the City. (B) It shall be unlawful for any person to disturb the peace and quiet of any other person by loud noise, music, or language, by fighting or threatening to fight, or by any other offensive action. It shall be unlawful for any person in legal possession or charge of a residence or other private property to permit, or by inaction allow other persons on the premises to disturb the peace jointly or severally by loud noise, music or language. (C) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this provision, but such enumeration shall not be deemed to be exclusive, namely: (1) Horns: Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a clanger warning, the creation by means of any such signaling device of any unreasonably loud or harsh tone and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up; (2) Radios: Stereos; Phonouranhs. etc. The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, tape player, compact disk player, stereophonic sound system or similar device which reproduces or amplifies radio broadcasts or musical recordings or other machines or devices for the producing or reproducing of sound in any such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons whom are in the room, vehicle or chamber in which such machine or device is operated and who are voluntarily listeners thereto. The operation of any such machine or device in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this code; (3) Loud - Sneaker. Amplifiers for Advertising. The using, operating or pc,�.tg to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; (4) Yelling: Shouting. Yelling, shouting, hooting, whistling or singing on the public streets or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity; (5) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or a other device which will effectively prevent loud or explosive noises therefrom; provided, however, persons operating such machines or devices while participating in licensed or permitted activities such as parades or carnivals shall not be deemed to be in violation of this Section. (D) Violation of this code section shall be deemed to be a Class V misdemeanor. Each day any such violation or failure to perform such act shall continue shall constitute a separate offense". 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 23rd day of October, 2001. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLOR, 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 23 day of October, 2001. BRENDA R TAYLO ITY CLERK NEBRASKA: ORDINANCE NO. 1938 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA: 303.01(2) ACCESSORY BUILDING PLACEMENT; 303.01(24) BUILDING SETBACK LINE; 70113 ADDITIONAL PAVING AND OTHER IMPROVEMENT; 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, SECTION 1. Section 303.01 (2) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "Section 303.01(2) ACCESSORY USE OR BUILDING: A subordinate building or use which customarily is incidental to that of the main or principal building or use of the premises. Customary accessory uses include but are not limited to, tennis courts, swimming pools, detached garages, air conditioners, garden houses, children's play houses, barbecue ovens, fire places, patios and residential storage shed. Garages or other accessory uses attached to the principal structure shall be considered a part thereof and meeting the requirements of the principal structure. The accessory use or building must be on the same lot as the principal building." SECTION 2 Section 303.01(24) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to-wit "Section 303.01 (24) BUILDING SETBACK LINE shall mean the minimum distances prescribed by these regulations between any property line and the foundation of any building or structure except that in the in- stance of cantilever wall construction, the measurement shall be from the property line and the face of the cantilever wall. For the purposes of minimum set back requirements, the following shall not be considered a structure for the purpose of measurement of setback requirements and the same shall be exempt from such setback requirements, : (1) An uncovered structure not more than Thirty (30) square feet in area with the base or floor of the uncovered structure Thirty (30) inches above the adjacent grade; (2) An uncovered stair or landing not extending more than Forty -Eight (48) inches from a building; or, (3) A ramp or other improvement required under the Americans with Disability Act (ADA)." SECTION 3 Section 701 of the Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT 701.13 ADDITIONAL PAVING AND OTHER IMPROVEMENT REQUIREMENTS: In addition to the other requirements set forth above, the following conditions shall be required for any subdivision of land in the Rural Residential Estate District: (1) Paving Requirement - For any subdivision of land which has any platted lot(s) with an area of thirty thousand square feet up to L25 acres, all streets, curb and gutter shall be paved with asphaltic concrete or concrete in confu.,uce with Section 603, et. seq. of the Subdivision Regulations for the City of Blair, Nebraska, and shall also have a public water supply system and a wastewater distribution system that conforms to the rules and regulations established by the State of Nebraska, Department of Environmental Quality Rules and Regulations (See Title 124 Chapter 4 of the DEQ Regulations, as amended from time to time) (2) For any subdivision of land which has any platted lots) with a minimum lot size of 1.25 acres up to 2.99 acres, such subdivision shall have a public water supply system and shall have a wastewater distribution system that conforms to the rules and regulations established by the State of Nebraska, Department of Environmental Quality Rules and Regulations (See Title 124 Chapter 4 of the DEQ Regulations, as amended from time to tithe) (3) For any subdivision of land which has a minimum lot size of 3 acres, the developer must include, as part of the preliminary plat and final, at least one soil percolation test for every five lots spaced evenly throughout the subdivision and shall have a wastewater distribution system that conforms to the rules and regulation established by the State of Nebraska, Department of Environmental Quality Rules and Regulations (See Title 124 Chapter 4 of the DEQ Regulations as amended from time to time. (4) For any subdivision zoned Rural Residential Estate District shall contain a minimum of four lots or be contiguous to land previously zoned as Rural Residential Estate District." SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shad be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 23rd day of October, 2001 CITY OF BLAIR, NEBRASKA Al "1'EST: BRENDA R. TAYLOR, CLERK. (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss ) 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 * at a regular meeting of the Mayor and City Council of said City held on the 23rd day of October, 2001.