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2002ORDINANCE NO. 1939 AN ORDINANCE REZONING LOTS 1 -4 AND THE EAST 8 FEET OF LOT 5 IN BLOCK 54, AND LOTS 20 AND 21 IN BLOCK 54, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM CCB (CENTRAL BUSINESS DISTRICT) TO CL (LIMITED COMMERCIAL); 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 Ciiy of Blair be amended so as to change the zoning designation of Lots 1 -4 and the East 8 feet of Lot 5 in Block 54 and Lots 20 and 21 in Block 54, all in the City of Blair, Washington County, Nebraska, from CCB (Central Business District) to CL (Limited Commercial). 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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 22nd day of January, 2002. CITY OF BLAIR, NEBRASKA BY% .`./ .� z MICHAEL . 1 1 S MAYO ATTEST: 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 22nd day of January, 2002. BRENDA R. TAYLOR, CZ ' LERK ORDINANCE NO. 1940 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA: 804.04 EXCEPTIONS CL LIMITED COMMERCIAL DISTRICT; 804.05 - CONDITIONS FOR GRANTING EXCEPTIONS IN CL LIMITED COMMERCIAL DISTRICT; 901.02 ADDITIONS TO PERMITTED PRINCIPAL USES AND STRUCTURES; 901.05 - CONDITIONS FOR GRANTING EXCEPTIONS ML LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT; 902.02 PERMITTED PRINCIPAL USES ACCEPTABLE EXCEPT IF LOCATED WITHIN 500 FEET OF RESIDENTIAL DISTRICTS; 902.03 PERMITTED ACCESSORY USES AND STRUCTURES; 902.05 - CONDITIONS FOR GRANTING EXCEPTIONS MH HEAVY INDUSTRIAL AND MANUFACTURING DISTRICT; 1102 - REFERENCE TO INTERNATIONAL BUILDING CODE; 1103.02 (1) AND (2) REFERENCE TOTAL SQUARE FOOTAGE FOR ACCESSORY BUILDINGS; GOLF COURSES ADDED; PROFESSIONAL HEALTH CARE ADDED UNDER MEDICAL CLINICS; MORTUARY ADDED TO FUNERAL HOMES AND CHAPELS; OFFICE BUILDINGS ADDED; 1205 (3) NON - CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION; 1207 - USES UNDER EXCEPTIONS, PROVISIONS NOT NON - CONFORMING USES; 1505 DELETED IN ITS ENTIRETY; AND AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF BLAIR, NEBRASKA: 402.03 - REQUIREMENTS THAT TITLE 124 OF CHAPTER 4 OF DEQ REGULATION TO ANY SEWER SYSTEM NOT ATTACHED TO CITY SEWER SERVICE: 403.03 CHANGING SETBACKS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 804.04 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit : "804.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CL Limited Commercial District in accordance with ARTICLE 14 of this Ordinance. (1) Barber shops. (2) Beauty shops. (3) Mortuary, funeral home and funeral chapels. (4) Motel. (5) Photographer. (6) Telephone exchange. (7) Commercial centers. (8) Family day care home, not operated within a private dwelling, group day care home, or day care center. (9) Multiple family dwellings with greater than forty -eight (48) living units." SECTION 2. Section 804.05 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: " 804.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting exceptions in the CL Limited Commercial District. (1) Where a site adjoins or is located across an alley from any R Residential District, a solid all or fence, vine - covered open fence or compact evergreen hedge six (6) feet in height shall be located on the property line common to such districts, except in a required front yard. (2) Open storage of materials attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) No use shall be permitted and no process, equipment or materials shall be used which are found by the Board to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried waste, noise, vibrations, illuminations, glare, or unsightliness or to involve any hazard of fire or explosion." SECTION 3. Section 901.02 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to - wit : "901.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right except 'when located within 500 feet of any Residential District, in which case a conditional use permit will be required: to allow the following uses: (1) Wholesale, storage and warehouse uses; (2) Signs subject to SECTION 1114 of this Ordinance; (3) Agriculture, horticultural (crops only); (4) Automobile service stations; (5) Printing and publishing businesses; (6) Truck and freight terminals; (7) Utility substation, pumping station, and water reservoir; (8) Gasoline filling station; (9) Building materials, lumber y_ ards and fuel yards, with or without retail sales ; (10) Contractors yards; (11) Highway maintenance yards or buildings; (12) Railroad yards; (13) Repair garage; (14) Any industrial use which can meet the performance standards for this district set forth in SECTION 1115.01 of this Ordinance provided, such is not specifically prohibited. (15) Mail order sales, catalog sales and coupon redemption businesses (16) Computerized billing and mailing businesses." SECTION 4. Section 901.05 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit : "901.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article 14 of this Ordinance, the following regulations shall apply as minimum requirements for granting exceptions in the ML Light Industrial and Manufacturing District: (1) All uses shall meet or exceed the performance standards set forth in SECTION 1115.01 of this Ordinance (2) A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R Residential District, shall be screened by a solid wall of fence, vine- covered open fence or compact evergreen hedge, not less than six (6) feet in height. (3) Where a site adjoins an R Residential District, a solid wall or fence, vine- covered open fence or compact evergreen hedge, six (6) feet in height, shall be located on the property line except in a required front yard. (4) The storage above ground or below ground of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed one hundred fifty thousand (150,000) gallons when stored on one (1) lot of less than one (1) acre in area nor shall storage exceed more than twenty -five thousand (25,000) gallons in one (1) tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of twenty -five thousand (25,000) gallons, shall not be located closer than fifty (50) feet from any structure intended for human habitation or closer than two- hundred (200) feet from any R Residential District. (5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and permanently maintained where such required yard adjoins a residential district, and excluding areas which are required for access to doors, openings, or other loading facilities. Blair, Nebraska, is hereby amended to read as follows: Blair, (6) All open and undeveloped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris." SECTION 5. Section 902.02 of the Comprehensive Zoning Regulations of the City of "902.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right except when located within 500 feet of any Residential District, in which case a conditional use permit will be required: (1) Wholesale, storage and warehouse uses; (2) Signs subject to SECTION 1114 of this Ordinance; (3) Agriculture, Horticultural (crops only); (4) Automobile service stations; (5) Rental and lease establishments, outside and inside storage; (6) Any industrial use which, in the judgment of the City Administrator, can meet the performance standards for this district set forth in SECTION 1115.02 of this Ordinance provided such use is not specifically prohibited." SECTION 6. Section 902.03 of the Comprehensive Zoning Regulations of the City of Nebraska, is hereby amended to read as follows: "902.03 PERMITTED ACCESSORY USES AND STRUCTURES: (1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions; (2) Offices, retail stores and watchmen's living quarters incidental to and on the same site with an industrial use. (3) Antennas and transmitting structures." SECTION 7. Section 902.05 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as follows: "902.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article 14 of this Ordinance, the following regulations shall apply as minimum requirements for granting exceptions in the MH Heavy Industrial and Manufacturing District. (1) All uses shall meet or exceed the performance standards set forth in SECTION 1115.02 of this Ordinance; (2) Where a site adjoins an R Residential District, a solid wall, or fence, vine- covered open fence or compact evergreen hedge, six (6) feet in eighth shall be located on the property line except in a required front yard. (3) A use not conducted entirely within a completely enclosed structure, on a site across a street or alley from an R Residential District, shall be screened by a solid wall or fence, vine- covered open fence or compact evergreen hedge, not less than six (6) feet in height. (4) Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of twenty -five thousand (25,000) gallons, shall not be located closer than fifty (50) feet from any structure intended for human habitation or closer than two- hundred (200) feet from any R Residential District. (5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and permanently maintained, excluding areas which are required for access to doors, openings or other loading facilities." SECTION 8. Section 1102 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska is hereby amended to read as follows: "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 /i feet in height when located within the site 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 be closer than 6 inches 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 3 1 /a' feet 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 site triangle of a corner lot;(See Section 1101). 4) No fence constructed in the second front yard (the side yard abutting the street) of a corner lot shall exceed forty eight inches (48") 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 (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), wrought 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. 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 faced to the interior or the lot or parcel being fenced. 10) Effective from and after July 1, 1998, the Rules and Regulations of the International 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 9. Section 1103.02 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "1103.02 SIZE LIMITATIONS. Accessory buildings are intended to remain secondary in nature to the primary building or structure on the land or tract of land in which they are located. The maximum amount of accessory buildings shall be limited to two (2) structures. Accessory building in all Residential Districts, located within the city limits of the City of Blair, Nebraska, shall meet the following additional requirements: (1) The maximum combined total square footage area of all accessory buildings shall not exceed fifty (50) percent of the total square footage of the primary building's ground coverage area (calculated at the exterior of the building at ground level), or eight hundred sixty four (864) square feet in total area, which ever is the greater. (2) The combined total square footage area of the primary and all accessory building shall not exceed the maximum allowable Lot Coverage Area as allowed by the zoning classification in which the buildings are located. (3) The maximum allowable building height of an accessory building, at its highest point, shall not exceed the height of the peak of the roof of the primary building or the height of twenty (20) feet, whichever is less. For purposes of this provision, height shall mean vertical distance measured form the average elevation of the finished grade of the building to the highest point of the building. (4) No accessory structure shall be constructed without a primary building or structure. No accessory building shall remain if the primary structure is removed or demolished. SECTION 10. Section 1207 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS NOT NON- CONFORMING USES Any use which is permitted as a conditional use or exception in a zoning district under the terms of this Ordinance, shall not be deemed a non - conforming use in such zoning district, but shall, without action, be considered a conforming use." SECTION 11. Section 1403 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska, is hereby amended to include the following, to -wit: "Section 1403.09 - UNLESS SPECIFICALLY WAIVED by the City Council, all rules, regulations and requirements of Bach respective zoning district shall apply." SECTION 12. Section 1505 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska, is hereby deleted and revoked in its entirety. SECTION 13. Section 402.03 of the Subdivision Regulations of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "SECTION 402.03 SCALE AND PRELIMINARY PLAT CONCERNS: Preliminary plats shall be a scale of one (1) to one hundred (100) feet or 1" = 200' if seventy -five percent (75 %) of the lots are one acre or larger, and shall be prepared with the following information: (1) Name, location map, acreage, owner and designer of the subdivision. (2) Present zoning. (3) Date, north point, and graphic scale. (4) Location of property lines, roads, existing utilities with size of lines, and other underground installations and easements. (5) Names of adjoining properties or subdivisions. (6) Proposed utility system, water system and sewer system (type, capacity and the location of major transmission lines and treatment plants). Developer must describe the type of sewer system and water system proposed. If developer proposes to use a non - central sewer waste system, then the proposed sewer system shall comply with title 124 of Chapter 4 of the Nebraska Department of Environmental Quality Rules and Regulations. (7) Names of new streets. (8) Dimensions of existing and. proposed lot lines. (9) Location of existing and proposed culverts, retention ponds, and other drainage provisions. That Section 606 be amended to read as follows: The City will direct OPPD to design and install street lighting once all paving has been completed on subdivisions in the City limits. Installation of street lighting in subdivisions outside City limits will be the responsibility of the subdivider if required by the Planning Commission and City Council. (10) Existing and proposed contours at intervals of two (2) feet or five (5) feet intervals at 1" = 200" Scale, as established by field topography survey analysis; provided however, field topography survey is required only on subdivisions which include lots of less than thirty thousand square feet; provided further, that for good cause shown, the field topography survey may be waived by the Planning Commission in the preliminary plat process. (11) Proposed improvements and grading concepts. (12) Location of existing buildings. (13) Location of existing trees with trunks at least six (6) inches in diameter, measured two (2) feet above the ground level. Clumps of numerous trees may be identified as a tree group without precisely, locating each tree. Notwithstanding the above, for good cause shown, the requirement of this subsection may be waived by the Planning Commission during the preliminary plat process. (14) Proposed easements, dedications, and reservations of land required shall be provided. (15) Square footage of each lot: (16) All front, rear and side yard setback requirements and any adjustments thereto (See Section 1110 and 1110.5 of the City of Blair Zoning Regulations)" SECTION 14. Section 403.03 of the Subdivision Regulations for the City of Blair, Nebraska is hereby amended to read as follows: "403.03 SCALE AND FINAL PLAT CONTENTS: The three (3) Mylar reproducible originals, thirty (30) copies of the Final Plat, one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches and other exhibits required for approval shall be submitted. The Final Plat shall be drawn in ink on tracing cloth, Mylar, or similar material, and shall be at a scale of one inch (1") to one hundred feet (100') or larger. The final plat shall show the following: (1) Date, title, name, and location map of subdivision. (2) Street and street names, lots and lot numbers. (3) Graphic scale and arrow or indicator. (4) Monuments or pins unless waived pursuant to Section 602. (5) Dimensions, angles, and/or bearings, and complete legal description of the property. (6) Sufficient survey data to reproduce any line on the ground. (7) Names of adjoining properties. (8) Locations, dimensions, and purpose of any easements. (9) Purpose for which sites are dedicated or reserved, and the transfer of ownership of the same. (10) Certification by surveyor certifying to accuracy of survey and plat. (11) Certification by the County Treasurer that all assessed taxes for the current year have been paid in full. (12) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation an recording of the plat as submitted. (13) Location of street trees, size, and species. (14) Certificate for approval by the Planning Commission to be signed by the Chairman. (15) Certificate for approval by the Council and signatures of the Mayor and City Clerk. (16) Square footage of each lot. (17) All adjustments to front, rear and side yard setback requirements (See Section 1110 and 1110.5 of the City of Blair Zoning Regulations.)" SECTION 15. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 16. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 22nd day of January, 2002. ATTEST: bka BRENDA R. TAYLO ITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY )ss 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 held on the 22nd day of January, 2002. BRE A R. TAYLOR, CI CLERK 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 12th day of March, 2002. CITY OF BLAIR, NEBRASKA ORDNANCE NO. 1941 AN ORDINANCE REZONING LOTS 1 -9, CRYSTAL LAKE ESTATES, A SUBDIVISION OF PART OF TAX LOT 74, LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER (S1/2 SEY4) OF SECTION 19, TOWNSHIP 18 NORTH, RANGE 12, EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA FROM AG (GENERAL AGRICULTURAL DISTRICT) TO RRE (RURAL RESIDENTIAL ESTATE DISTRICT); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Lots 1 -9, Crystal Lake Estates, a Subdivision of part of Tax Lot 74, lying in the South Half of the Southeast Quarter (S'/2 SE%) of Section 19, Township 18 North, Range 12, East of the 6 P.M., Washington County, Nebraska be changed from AG (General Agricultural District) to RRE (Rural Residential Estate District) SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. BY ler .1 : MICHAEL A. MINES, MAYOR ATTEST: BRENDA R. TAYL'OI ITY 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 day of March, 2002. Page 2 of 2 BRENDA R. TAYLOR, !i CLERK ORDINANCE NO. 1942 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, 501.03 ADDING GOLF COURSES; DRIVING RANGES; MOBILE HOME PARKS; CAMPGROUNDS; 501.05 -DUST CONTROL ON BORROW PITS; 501.08 SIDE YARD; DELETING 703.04(12) BICYCLE SALE AND REPAIR SHOPS ARE DELETED; 703.04(15) ADDING MORTUARY TO DEFINITION OF FUNERAL HOME; 704.04(10) -ADDING MORTUARY TO DEFINITION OF FUNERAL HOME; 705.04(11) - ADDING MORTUARY TO DEFINITION OF FUNERAL HOME; 801.02 -TO ADD PERMITTED PRINCIPAL USES; 801.04 EXCEPTIONS IN CH HIGHWAY COMMERCIAL DISTRICT;. 801.05 CONDITIONS FOR GRANTING EXCEPTIONS IN CH HIGHWAY COMMERCIAL DISTRICT; 801.13 - DELETING (2) AND REPLACING WITH NEW (2)IN REGARD TO SCREENING; 802.02 - RETAIL STORES AND SERVICE ESTABLISHMENTS; 802.03 PERMITTED ACCESSORY USES AND STRUCTURES; DELETING 802.04; 802.05 - CONDITIONS FOR GRANTING EXCEPTIONS CCB CENTRAL BUSINESS DISTRICT; 802.08 MINIMUM YARD REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 501.03 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, shall be amended to add the following conditional uses: "(21) Golf Courses and Driving Ranges." "(22) Mobile Home Parks, Campgrounds" SECTION 2. Section 501.05 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "Section 501.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of this Ordinance and the following regulations shall apply as minimum requirements for granting exceptions in the AGG General Agricultural District. 1) Airport sites shall be so situated that the airport hazard area defined by the Nebraska Department of Aeronautics shall not include any existing obstruction regardless of public or private ownership of the airport. (2) Any use involving a business, service or process not completely enclosed in a structure, when located on a site abutting on or across a street or an alley from any Residential District, shall be screened by a solid fence or masonry wall or a compact growth of natural plant materials not less than six (6) feet in height if the Board finds said use to be unsightly. (3) Commercial feedlots are not allowed within one (1) mile of the City of Blair's corporate limits No commercial feedlot shall be located within one - thousand (1,000) feet of an existing residential structure other than that of the owner, operator or employee of the feedlot, nor shall a residential structure other than that of the owner, operator, or employee be located within one - thousand (1,000) feet of an existing feedlot. (4) No salvage or wrecking yard shall be located within five - hundred (500) feet of any public right -of -way or within one thousand (1,000) feet of any Residential District. Salvage and wrecking yards shall be screened on all sides by a solid fence or masonry wall or a compact growth of natural plant materials not less than eight (8) feet in height. (5) For borrow pits, the owner must submit grading plans(s) showing final grades, amounts, and material to be removed, method and direction of hauling, sediment control plan to restrict materials from washing onto or into public and /or private property, final seeding specifications, proposed dust and other airborne debris control plan, and a time table necessary for completion of the work. (6) Borrow area containing 20,000 square feet or more must submit a grading plan showing final grades, amount of material to be moved, a sediment control plan to restrict materials from eroding from the property, seeding specifications, and a time table necessary for completion of the work." SECTION 3. Section 501.08 of the Comprehensive Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as follows: "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 of 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 corner lot. (2) Rear yard: There shall be a minimum rear yard of not less than a depth of fifty (50) feet; provided, however, residential accessory structures and agricultural accessory structures, other than those that are used for the rearing, breeding, sheltering, or keeping of livestock or other animals, including, but not limited to, cattle, swine, horses, sheep, goats, poultry, or domestic animals, may have a rear yard setback of not less than twenty -five (25) feet. (3) Side yard: There shall be a minimum side yard of not less than fifty (50) feet; provided, however, residential accessory structures and agricultural accessory structures, other than those that are used for the rearing, breeding, sheltering, or keeping of livestock or other animals, including, but not limited to, cattle, swine, horses, sheep, goats, poultry, or domestic animals, may have a side yard setback of not less than twenty -five (25) feet. SECTION 4. Section 703.04 (12) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby deleted in its entirety. SECTION 5. Section 703.04 (15) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: " (15) Mortuaries, funeral homes and funeral chapels." SECTION 6. Section 704.04 (10) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "(10) Mortuaries, funeral homes and funeral chapels." SECTION 7. Section 705.04 (11) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "(11) Mortuaries, funeral homes and funeral chapels . " SECTION 8. Section 801.02 of the Zoning Regulations for the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right: "(1) Retail and Service which provide services or supply commodities primarily for the convenience of patrons traveling on state highways and major county road entrances to the community including: Agriculture, Horticultural (crop only) Athletic complexes and health centers Auditorium, exhibition hall, club Automobile service stations Barber, beauty, tanning and manicure shops Bars, cocktail lounges or nightclubs Boat sales and services Bowling alley Bus depots and transit stations Business and professional offices and buildings Car and truck sales, both new and used with full service and repairs Car wash Contract construction offices and services, when all materials are contained within the walls of the building Construction offices Convenience stores with gasoline sales Cleaning and laundry establishments Farm implement and farm machinery fabrication, sales and service Farm equipment and supplies, sales and service Feed, grain, and fertilizer sales Furniture stores Garden and lawn supplies stores, nurseries and greenhouses Hotels and motels Ice cream and confectionery stores Lumber and building materials Mini storage units Mobile home sales Plumbing and heating services Recreational vehicle sales and service Rental and lease establishments, inside storage only Repair garages Restaurants, including drive -in restaurants Service stations (gasoline) including dispersion of diesel fuel and complete truck service Soda fountains Theaters Veterinary services and small animal hospitals (2) Any principal permitted use in the CCB - Central Business District as specified in Section 802.02 if the total structure or building contains principal uses and structures specified in Section 802.02 and such building or structure contains 7,500 square feet or more. (3) Signs subject to SECTION 1114 of this Ordinance (4) Road side rest areas." SECTION 9. Section 801.04 of the Zoning Regulations for the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "801.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CH Highway Commercial District in accordance with ARTICLE 14 of this Ordinance (1) Amusement parks; carnivals, circuses, outdoor festivals and other transient amusement enterprises; drive -in theaters; golf driving ranges; pony rings; and skating rinks; miniature golf course; (2) Churches and other religious institutions; (3) Private clubs and lodges; (4) Public buildings and grounds; (5) Go -Cart race tracks. (6) Overnight recreational vehicle parking areas limited to six spaces in conjunction with another permitted use. (7) Multi - family dwellings. (8) Family day care home, group day care home, or day care center. (9) Antennas and transmitting structures. (10) Public Utility structures, services and facilities (11) Any principal permitted use in the CCB - Central Business District as specified in Section 802.02 if the total structure or building contains principal uses and structures specified in Section 802.02 and such building or structure contains less than 7,500 square feet. (12) Rental and lease establishments, outside storage; provided however, no rental or lease establishments for construction equipment shall be allowed." SECTION 10. Section 801.05 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "801.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting exceptions in the CH Highway Commercial District. (1) Where a site adjoins or is located across an alley from any R Residential District, a solid wall or fence, vine covered open fence or compact evergreen hedge six (6) feet in Blair, Nebraska, is hereby is hereby amended to read as follows, to -wit: 0 height shall be located on the property line common to such districts, except in a required front yard. (2) Open storage of materials attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) No use shall be permitted and no process, equipment or materials shall be used which are found by the Board to be objectionable to persons living or working in the vicinity by reasons or odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried waste, noise, vibrations, illumination, glare or unsightliness or to involve any hazard of fire or explosion. SECTION 11. Section 801.13 of the Comprehensive Zoning Ordinances of the City of 801.13 SCREENING REQUIREMENTS. Screening pursuant to this section shall be required between the CH - Highway Commercial District and any residential district except when there is a distance of not less than two hundred feet (200') from any residen- tial structure in the residential district and any building, parking area, or any other construction or improvement except landscaping in the CH - Highway Commercial District. Screening pursuant to this section shall be required only at such time a building permit is obtained for improvements in the CH - Highway Commercial District, and the value of the improvements listed on said building permit is equal to or greater than 20% of the assessed valuation of the CH - Highway Commercial property being so improved. (1) The screening shall consist of a solid or semi solid fence or wall at least six (6) feet in height or hedges, shrubs, trees, or other living landscape which effectively provides a solid, dense, and opaque mass, and shall be not less than six (6) feet in height or by planting vegetation which shall reach a height of not less than six (6) feet within three (3) years. (2) Landscaping - Required front and rear yards shall be landscaped. A landscaping plan shall be submitted contemporaneously with the building permit application. The landscaping shall be approved by the City Administrator. (3) Said screening shall not be required where the CH - Highway Commercial District and residential district are divided by a street or alley with a right of way not less than fifty (50) feet in width. (4) Said screening requirement shall not be required where the wall of any building is not greater than five (5) feet from the set back requirement within the CH - Highway Commercial District, and there are no windows or other openings except for doors for emergency purposes only. (5) In the event hedges, shrubs, trees or other living land -scape is used for the screening one (1) break or opening in the screen not more than twenty (20) feet in width shall be permitted per business or use within the CH - Highway Commercial District unless the business or use has direct alley access from the business property without such break." SECTION 12. Section 802.02 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby is hereby amended to read as follows, to -wit: "802.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right: (1) Business offices; (2) Professional offices; (3) Retail stores and service establishments which supply commodities or provide services primarily to meet the needs of residents of the trade area including: Antique stores. Apparel and accessory stores. Art galleries. Art supply and picture framing stores. Automobile parts and supply stores; provided that no repair or installation service is performed on site; and further provided that no goods shall be stored or displayed for sale outside of the building. Bakeries. Banks, including drive -in banks and other lending agencies. Barber and beautician services. Beer, wine and alcoholic beverage establishments, on and off sale. Bicycle shops. Bookstores, rental libraries and reading rooms. Bus depots and transit stations, provided that buses or other transit vehicles shall not be stored, serviced or repaired on site. Business office. Camera, photographic supply stores. Civic, social and fraternal associations. Community buildings owned by public agencies. Confectionery stores. Convenience stores, with sale of gasoline, provided that no repair service is performed on site. Computer sales and service. Cleaning and laundering drop -off /pick -up stores, provided that cleaning and laundering is not conducted on these premises. Clothing and costume rental establishments. Credit services, including loan offices. Dental services. Detached ATM banking facility. Department stores. Drapery, curtain and upholstery stores. Drug and proprietary stores. Eating places, indoor and outdoor. Electrical appliance sales and repair stores. Employment agencies. Food stores, general retail. Florist shops. Furniture and home furnishings stores. Garden supply stores and nurseries, provided that all equipment, supplies, merchandise and plants, shall be kept within a completely enclosed building provided that fertilizer of any type shall be stored and sold in packaged form only. Gift, novelty and souvenir stores. Hardware retail stores. Health food stores. Hobby and craft supply stores. Hotels, motels and apartment hotels. Household appliance and sales and repair shops. Interior decorating shops. Jewelry stores, including clock and watch repairing. Laundry, self - service and cleaning establishments. Leather goods and luggage stores. Locksmiths. Mail order businesses, retail and wholesale. Massage and physical culture studios. Medical and orthopedic appliance stores. Music stores. Music and dance studios. Newspaper, printing and engraving shops. Newsstands and magazines stores. Office building. Office furniture and supplies, retail stores. Office supply and business machine stores. On -site signs, in accordance with provisions of section 1114. Paint, glass and wallpaper stores, retail. Parcel delivery services. Parking lots, parking garages and other off - street parking facilities. Pet and pet supplies stores. Personnel and professional services. Professional offices. Photography studios. Printing and engraving services. Plumbing, heating and ventilating equipment showrooms with storage of floor samples only. Radio and television broadcast studios. Recreation centers, indoor only. Sales and showrooms, including rental of equipment, provided all displays and merchandise are within the enclosed walls of the buildings. Savings and loan associations. Secondhand stores and pawnshops. Secretarial, service and letter shops. Shoe repair services. Shoe sales, retail. Signs, and outdoor advertising structures in accordance with provisions of SECTION 1114 of this Ordinance Sporting goods, retail and wholesale. Stamp and coin stores. Stationary stores. Stores or shops for the sale of retail goods. Tailor and dressmaking shops. Telephone and telegraph exchange services. Theaters, auditoriums, and assembly rooms. Travel and tour agencies. Utility offices and administrative services :.. Variety stores." SECTION 13. Section 802.03 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows: "802.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses and structures shall be permitted: (1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions. SECTION 14. Section 802.04 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows: "802.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been fulfilled, the City Council may permit the following conditional uses as exceptions in the CCB Central Business District in accordance with ARTICLE 14 of this Ordinance (1) Electrical distribution substations and gas regulator stations; (2) Public parks; (3) Private clubs and lodges; (4) Public buildings and grounds; (5) Single family dwellings residential uses (the minimum off street parking and loading requirements of Section 1111 may be waived for good cause shown); (6) Multi - family residential uses (the minimum off street parking and loading requirements of Section 1111 may be waived for good cause shown); (7) Other trade and service uses which are similar to the permitted principal uses and which are in harmony with the intent of this district." SECTION 15. Section 802.05 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows: "802.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting exceptions in the CCB Central Business District: (1) Where a site adjoins or is located access an alley from any R Residential District, a solid wall or fence, vine - covered open fence or compact evergreen hedge six (6) feet in height shall be located on the property line common to such districts, except in a required front yard. (2) Open storage of materials attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence six (6) feet in height, provided that no materials or equipment shall be stored to a height greater than that of the wall or fence. (3) All business, services and processes shall be conducted entirely within a completely enclosed structure, except for off -street parking and off -street loading areas, convenience stores, outdoor dining areas, garden shops, Christmas tree lots, bus depot and transit stations, and electric distribution substations. ATTEST: BRENDA R. TAYLOR, C VV CLERK MICHAEL A. ItiS, YOR (4) No use shall be permitted and no process, equipment or materials shall be used which are found by the Board to be objectionable to persons living or working in the vicinity by reason or odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried waste, noise, vibrations, illumination, glare, or unsightliness or to involve any hazard of fire or explosion." SECTION 16. Section 802.08 of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit : "802.08 MINIMUM YARD REQUIREMENTS: (1) Front yard: No limitations; provided that where a lot is abutting on property in any R Residential District and fronting on the same street, there shall be a minimum front yard of ten (10) feet. (2) Rear yard: The minimum rear yard abutting a R Residential District shall be ten (10) feet. (3) Side yard: The minimum side yard abutting a R Residential District shall be ten (10) feet. SECTION 17. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 18. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 8th day of January, 2002 CITY OF BLAIR, NEBRASKA (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 8 day January, 2002. BRENDA R. TAYLOR, CLERK AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL FOR 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. Subject to the provisions of Section 2 hereinbelow pertaining to incumbent members of the current City Council, commencing on December 10, 2002, the annual salary of the Mayor and members of the City Council of the City of Blair, Nebraska, shall be as follows, to -wit: Elected Official Annual Salary Mayor Council Member ORDINANCE NO. 1943 provided further, that said salaries shall be paid on a monthly basis. In addition to the above salary, any member of the City Council and the Mayor shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair ( "insurance program ") so long as (i) insurance contract for such insurance coverage allows for such parties to be covered, and, (ii) that such Council Member or Mayor electing to be covered under the City's insurance program shall pay and reimburse the City for the full cost of such insurance premiums on a monthly basis; provided further that, should such official fail, refuse or neglect to remit full payment for more than thirty (30) days after the date on which such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for such official. SECTION 2. An incumbent member of the current City Council, or an incumbent member of the current City council who is elected Mayor, shall be entitled to compensation under either Alternative No. 1 or Alternative No. 2 set forth below: (1) Alternative No. 1- Monetary Salary: The total compensation for an incumbent member of the current City Council shall be as follows: Page 1 of 4 $9,000.00 $7,000.00 Official Annual Salary Council Member $7,000.00 Mayor (In the event an incumbent member of the current City Council is elected Mayor, then the Mayoral salary shall apply) Page 2 of 4 $9,000.00 In addition to the above salary, an incumbent member of the current City Council, or an incumbent member of the current City Council who is elected Mayor, shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair ( "insurance program ") so long as (i) the insurance contract for such insurance program allows for such parties to be covered, and, (ii) that such Council Member or Mayor, if applicable, electing to be covered under the City's insurance program SHALL PAY AND REIMBURSE THE CITY FOR THE FULL COST OF SUCH INSURANCE PREMIUMS ON A MONTHLY BASIS; provided further that should such official fail, refuse or neglect to remit full payment for more than thirty (30) days after the date on which such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for such elected official; or, (2) Alternative No. 2 - Insurance Benefits Only: In lieu of receiving a monetary salary from the City, an incumbent member of the current City Council or an incumbent member of the current City Council who is elected Mayor, MAY PARTICIPATE, AT NO COST TO SUCH OFFICIAL, IN THE HEALTH AND ACCIDENT, LIFE, DENTAL AND VISION INSURANCE ( "INSURANCE PROGRAM") available to all employees of the City of Blair, so long as the insurance contract for such insurance program allows for such parties to be covered; provided however, the right to participate, at no cost to such official, in the insurance program shall terminate on the date on which (i) the Council Member is no longer serving as a City Council Member or as Mayor for the City of Blair, Nebraska, or (ii) December 31, 2008, whichever occurs first; provided further, that in the event that an incumbent member of the current City Council continues to be either a City Council Member or Mayor for the City of Blair, Nebraska, on January 1, 2009, then and on that date, said Council Member or Mayor, if applicable, shall receive the monetary salary as set for all other Council Members or Mayor, if applicable, and shall have right to purchase, at such official's expense, health and accident, life, dental and vision insurance as is available to all other City Council Members. An incumbent member of the current City Council shall be required to elect either Alternative No. 1 - Monetary Salary or Alternative No. 2 - Insurance Benefits Only and such election shall be made in writing and delivered to the City Clerk on or before December 9, 2002; provided further, that in the event any incumbent member of the current City Council elects Alternative No. 1 (Monetary Salary), such election shall be deemed irrevocable (i.e. may not change to Alternative No. 2); provided further, that should an incumbent member of the current City Council not timely deliver his/her written election to the City Clerk, then such person shall be conclusively deemed to elect Alternative No. 1 - Monetary Salary. SECTION 3. Any member of the City Council or the Mayor may be reimbursed for automobile milage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. 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 12th day of March, 2002. ATTEST: CITY OF BLAIR, NEBRASKA By Page 3 of 4 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 i el day of March, 2002. Page 4 of 4 ORDINANCE NO. 1944 AN ORDINANCE SETTING OUT THE LEGAL DESCRIPTIONS 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 EFFECT. SECTION 1. The legal descriptions of the voting wards of the City of Blair, Nebraska, as set by Ordinance No. 1926 are as follows, to -wit: City of Blair Ward 1 Legal Description Beginning at a point that is the northeast comer of the northwest quarter of the southeast quarter of section 2, township 18 north, range 11 east of the 6 P.M., this point also on the east/west section center line of said section 2; thence easterly along said section centerline to a point that is 822.12 feet east of the northwest corner of the northeast quarter of the southeast quarter of section 2, township 18 north, range 11 east of the 6 P.M.; thence southeasterly along the northeast lot line of lot 2 of Pinewood Estates and official plat in the City of Blair, Washington County, Nebraska to the northwest lot comer of Tax Lot 119; thence northeasterly along the northerly lot line of said tax lot to the northeast lot corner of said tax lot; thence southeasterly along the easterly lot line of said tax lot to the southeast lot comer of said tax lot and the point also on the west section line of section 1, township 18 north, range 11 east of the 6 P.M.; thence southerly along said section line to the southeast lot corner of said Pinewood Estates this point also being on the north line of Baronage Valley an official plat in the City of Blair, Washington County, Nebraska; thence easterly along the north line of said plat to the northeast lot corner of lot 19 of Korshoj Estates and official plat of the City of Blair, Washington County, Nebraska; thence along the north and easterly lot lines of Tax Lot number 74 in section 1, township 18 north, range 11 east of the 6 P.M. to the southeast lot corner of said tax lot, this point also being the northwest lot comer of lot 49 of Ridgeview Estates subdivision an official plat of the City of Blair, Washington County, Nebraska; thence northeasterly to the north right -of -way ofJoAnn Drive of said Ridgeview Plat; thence easterly along said northerly right -of -way line to the southwest lot comer of lot 50 of said Ridgeview Estates Plat; thence northeasterly along the west lot line of said lot 50 of said Ridgeview Plat to the northwest lot comer of said lot 50 of said Ridgeview Estates Plat; thence easterly along the north lot lines of lots 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 to the northeast lot comer of lot 59 of said Ridgeview Estates Plat; thence northerly along the irregular west lot lines of lots 1, 2 and 3 to the northwest lot comer of lot 3 of Ridgeview Estates 1s Addition an official plat in the City of Blair, Washington County, Nebraska; thence easterly to a point on the east right -of -way line of 10 Street located 88 feet due east of the northeast lot comer of said lot 3 of said Ridgeview Estates 1s Addition Plat; thence southerly along the east right -of -way line of 10 Street in section 1, township 18 north, range 11 east of the 6 P.M. to the northwest lot corner of Tax Lot number 57 in section 1 township 18 north, range 11 east of the 6 P.M.; thence westerly to the center of the right -of -way of 10 Street in said section 1; thence southerly along the center of the right -of -way of 10 Street to the center of the intersection of 10 Street and Park Street in said section 1 crossing into section 12, township 18 north, range 11 east of the 6 P.M.; thence westerly along the center of the right -of -way of Park Street to the center of the intersection of Park Street and Thirteenth Street in said section 12; thence southeasterly along the center of the right -of -way of Thirteenth Street to the center of the intersection of Thirteenth Street and Nebraska Street in said section 12; thence westerly along the center of the right -of -way of Nebraska Street in said section 12 crossing into section 11, township 18 north, range 11 east of the 6 P.M. to the center of the intersection of Nebraska Street and State Highway 75 in said section 11; thence northerly along the center of the State Highway 75 right -of -way to a point directly southwest of the southeast lot corner of Outlot 1 of Deerfield Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence northeasterly along the east lot line of said Outlot 1 of said Deerfield Subdivision to the northeast lot corner of said Outlot 1 of Deerfield Subdivision the point of beginning. City of Blair Ward 2 Leeal Description Beginning at a center of the intersection of 16 Street and Nebraska Street in section 11, township 18 north, range 11 east of the 6 P.M.; thence southerly along the center of the right -of -way of 16 Street to the center of the intersection of 16 Street and South Street in said section 11; thence westerly along the center of the right -of -way of South Street to the center of the intersection of 17 Street and South Street in said section 11; thence southerly along the center of the right -of -way of 17 Street to the center of the intersection of 17 Street and Wilbur Street crossing from said section 11 to section 14, township 18 north, range 11 east of the 6 P.M.; thence westerly along the center of the right -of -way of Wilbur Street to the intersection of Seventeenth Avenue in said section 14; thence southerly along the center of the right-of-way of Seventeenth Avenue to a point that is east of the southeast lot comer of Tax Lot number 21 of said section 14; thence westerly to the southeast lot comer of said Tax Lot number 21 of said section 14; thence westerly along the south lot line of said Tax Lot number 21 of said section 14 to the southwest lot comer of said Tax Lot number 21 of said section 14, this point also being on the east lot line of Tax Lot number 132 in said section 14; thence southerly along the east lot line of Tax lot numbers 132 and 54 of said section 14 to the northeast lot comer of lot 8 of the Pleasant Valley Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence southerly along the east lot line of said lot 8 in said Pleasant Valley Subdivision to the southeast lot comer of said lot 8 in said Pleasant Valley Subdivision plat; thence southerly along the east right -of -way line of Pleasant Valley Boulevard to the northeast lot comer of lot 9 of said Pleasant Valley Subdivision; thence southerly along the east lot line of said lot 9 of said Pleasant Valley Subdivision to the southeast lot comer of said lot 9 of said Pleasant Valley Subdivision; thence westerly along the south lot line of said lot 9 of said Pleasant Valley Subdivision to the northeast lot comer of Tax Lot number 108 of said section 14; thence southerly along the east lot line of Tax Lot numbers 108, 109, 75 of said section 14 and Tax Lot numbers 39, 1, 76 and 72 of section 23, township 18 north, range 11 east of the 6 P.M. to the southeast lot comer of Tax Lot number 76 of said section 23; thence westerly along the south lot lines of Tax Lot numbers 76, 102 and 100 of said section 23 to the northeast lot comer of Tax Lot number 68 in said section 23; thence southerly along the east lot line of Tax Lot number 68 and 97 in said section 23 to the southeast lot comer of said Tax Lot number 97 in said section 23, this point also on the north lot line of Tax Lot number 73 in said section 23; thence easterly along the north lot line of said Tax Lot number 73 in said section 23 to the northeast lot corner of said Tax Lot number 73 in said section 23; thence southerly along the east lot line of said Tax Lot number 73 of said section 23 to the southeast lot corner of said Tax Lot number 73 in said section 23; thence westerly along the south lot line of said Tax Lot number 73 in said section 23 to the southwest lot comer of said Tax Lot number 73 in said section 23; thence westerly to the west right -of -way line of State Highway 133 in said section 23; thence northerly along the west right -of -way line of State Highway 133 to -2- the southeast lot line of Tax lot number 57 of said section 23; thence westerly along the south lot line of Tax Lot number 57 to the southwest lot comer of said Tax Lot number 57 in said section 23, this point also on the east right -of -way line of State Highway 30 in said section 23; thence westerly to the west right -of -way line of State Highway 30 in said section 23, this point also being the southeast lot comer of Tax Lot number 60 of said section 23; thence westerly along the south lot line of said Tax Lot number 60 of said section 23 to the southwest lot comer of said Tax Lot number 60 in said section 23; thence northeasterly along the west lot line of Tax Lot numbers 60 and 96 of said section 23 to the southeast lot comer of Tax Lot number 93 of said section 23; thence westerly along the south lot line of said tax Lot number 93 in said section 23 to the southwest lot comer of said Tax Lot number 93 of said section 23; thence northerly along the west lot line of said Tax Lot number 93 to the northwest lot comer of said Tax Lot number 93 of said section 23, this point also on the south lot line of Tax Lot number 85 in said section 23; thence westerly along the south lot line of said Tax lot number 85 to the southwest lot corner of said Tax Lot number 85 of said section 23; thence northerly along the west lot line of said Tax Lot number 85 of said section 23 to the northwest lot comer of said Tax Lot number 85 of said section 23, this point also being the southwest lot comer of Tax Lot number 173 of section 14, township 18 north, range 11 east of the 6 P.M.; thence northerly along the west lot line of Tax Lot numbers 173, and 172 to the northwest lot comer of said Tax Lot number 173 of said section 14; thence northerly to the southwest lot comer of Tax Lot number 56 in said section 14; thence northerly along the west lot line of said Tax Lot number 56 to the northwest lot comer of said Tax Lot number 56 in said section 14, this same point being the southwest lot comer of lot 10 of Russel's Addition to Blair Replat an official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west lot line of said lot 10 of said Russel's Addition to Blair Replat plat to the southeast lot corner of Tax Lot number 221 of said sectionl4; thence westerly along the south lot line of said Tax Lot number 221 of said section 14 to the southwest lot comer of said Tax Lot number 221 of said section 14; thence northerly along the west lot line of Tax Lot numbers 221, 176, 110 and 175 all of said section 14 to the northwest lot comer of Tax Lot number 175 in said section 14; thence northerly along the west line of Out Lot `B" of the Tyson's Skyline Addition an official plat in the City of Blair, Washington County, Nebraska to the southwest lot comer of lot 4 of said Tyson's Skyline Addition plat; thence northerly along the west lot line of lots 4 and 3 of said Tyson's Skyline Addition plat to the northwest lot corner of lot 3 of said Tyson's Skyline Addition plat, this point is also the southwest lot comer of Tax Lot number 206 of said section 14; thence northerly along the west lot line of said Tax Lot number 206 of said section 14 to the northwest lot comer of said Tax Lot number 206 of said section 14, this point also on the south section line of section 11, township 18 north, range 11 east of the 6 P.M. and the southeast lot comer of lot 5 of the Tenth Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said to 5 of said Tenth Addition plat to the southwest lot comer of said lot 5 of said Tenth Addition plat, this point is also the southeast section corner of section 10, township 18 north, range 11 east of the 6 P.M. and the southeast lot corner of Tax Lot number 161 of said section 10; thence westerly along the south lot line of Tax Lot numbers 161 and 160 of said section 10 to the southwest lot comer of said Tax Lot number 160 of said section 10; thence northeasterly along the west lot line of said Tax Lot number 160 to the northwest lot comer of said Tax Lot number 160 of said section 10; thence northeasterly along the west lot line of Tax Lot 161 to the point of intersection of lot 1 of the Pleasant Dell Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the furthest southwest lot comer of said lot 1 of said Pleasant Dell Subdivision plat; thence northerly along the irregular west lot line of said -3- lot 1 of said Pleasant Dell Subdivision plat to a point that is 430.11' east of the northeast lot comer of lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the northern south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the northeast lot comer of said lot 2 of said Pleasant Dell Subdivision plat; thence southerly along the west lot line of said lot 2 of said Pleasant Dell Subdivision plat to the southeast lot comer of said lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the south lot line of said lot 2 to the southwest lot comer of said lot 2 of the said Pleasant Dell Subdivision plat this point also being on the east right -of -way line of County Road P29 in said section 10; thence northerly along the west lot line of lot 2 and lot 1 of said Pleasant Dell Subdivision plat to the northwest lot comer of lot 1 of said Pleasant Dell Subdivision plat this point also being on the west right -of -way line of County Road P29; thence northerly to the north right -of- way line of State Highway 91 in said section 10; thence northeasterly along the north right -of -way line of said State Highway 91 to a point of intersection of the east section line of said section 10; thence northerly along the east section line of said section 10 to a point of intersection with the north right -of -way line of the Union Pacific Railroad right -of -way in said section 10, this point is also on the west section line of section 11, township 18 north, range 11 east of the 6 P.M.; thence northeasterly along the north right -of -way of the Union Pacific Railroad right -of -way to a point of intersection with the southwest lot comer of Tax Lot 541 in said section 11; thence northeasterly along the west lot line of said Tax Lot number 541 in said section 541 to a point of intersection of the center of right -of -way of Nebraska Street in said section 11; thence easterly along the center of the right -of -way of Nebraska Street to the center of the intersection at the 16 Street and Nebraska Street the point of beginning City of Blair Ward 3 Lezal Description Beginning at a point that is 33' west of the northwest lot comer of Tax Lot number 57 in section 1 township 18 north, range 11 east of the 6th P.M. a point that is also the center of the right -of -way of 10 Street; thence southeasterly along the north lot line of said Tax Lot number 57 to the southeast section comer of said section 1; thence southerly along the east section line of section 7, township 18 north, range 11 east to the northwest lot comer of Tax Lot number 129 in said section 7; thence easterly along the north lot line of said Tax Lot and lots 10, 11, 12 and 13 to the northeast lot comer of lot 13 of the Evergreen Bluff Addition and official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west right -of -way line of Garfield Street as platted in said Evergreen BluffAddition plat including around the west side of the cul -de -sac to the southwest lot comer of lot 8 in said Evergreen Bluff Addition; thence northerly along the west lot line of said lot 8 to the northwest lot comer of said lot 8; thence southeasterly along the north lot lines of lots 8 and 7 of said Evergreen BluffAddition plat to the northeast lot comer of lot 7 of said Evergreen Bluff Addition plat; thence southwesterly along the east lot lines of lots 7 and 6 to the southeast lot comer of lot 6 in said Evergreen Bluff Addition plat; thence easterly along the north lot line of lot 3 of said to the northeast lot comer of lot 3 of said Evergreen Bluff Addition plat; thence easterly along the north lot lines of lots 2, 1 and out lot 1 of the Evergreen Bluff Addition Replat and official plat of the City of Blair, Washington County, Nebraska; thence northeasterly along the north lot lines of lots 13, 12 to a point that is 33.03 feet northeast of the northwest lot comer of lot 11 of said Evergreen BluffAddition Replat; thence easterly along the north lot lines of lots 11, 10, 9 and 8 to the northeast lot comer of lot 8 of said Evergreen BluffAddition Replat; thence southeasterly along the north the north lot lines of lots 7, 6, 5, 4, 3, 2 and 1 to the southeast lot comer of lot 1 of said Evergreen Bluff -4- Addition Replat, this point also is on the north lot line of Tax Lot number 186 in said section 7; thence northeasterly along the north lot line of said tax lot number 186 to the north west lot comer of said tax lot number 186; thence northerly along the west lot line of Tax Lot number 68 in said section 7, and Tax lot number 4 in section 6, township 18 north, rang 12 east of the 6 P.M. this line also being the center of right -of -way for East 4 Street to the northwest comer of Tax Lot number 4 of section 6, township 18 north, range 12 east of the 6 P.M.; thence easterly along the north lot line of Said Tax Lot number 4, this line also being the center line of Dixon Road, and Tax Lot number 3 of section 6, township 18 north, range 12 east of the 6 P.M. and the north lot line of Tax Lot numbers 2 and 13 in section 5, township 18 north, range 12 east of the 6th P.M. to a point of intersection of the center of the design channel of the Missouri River in said section 5; thence southerly along the center of the designed channel of the Missouri River to a point straight east of the south lot comer of Tax Lot number 22 of section 8, township 18 north, range 12 east of the 6 P.M.; thence westerly to the south lot comer of said Tax Lot number 22; thence northwesterly along the south lot line of said Tax Lot number 22 and continuing along the southwest lot lines of Tax Lots 25, 213, 90 and 86 to the southeast lot comer of Tax Lot 87 all of section 7, township 18 north, range 12 east of the 6` P.M.; thence northerly along the east lot line of said Tax Lot 87 to the northeast lot comer of said Tax Lot 87 and this point also on the south right -of -way line of State Highway 30 in said section 7; thence southwesterly along the south right -of -way line of State Highway 30 to the northeast lot comer of Tax Lot number 2 of said section number 7; thence southerly along the east lot line of said Tax Lot 2 and -Tax Lot 3 of said section 7 to the southeast lot -comer of said Tax Lot number 3; thence westerly along the south lot line of said Tax Lot number 3 to the southwest lot corner of said Tax Lot number 3, and this point also being on the east right -of -way of East First Street in said section 7; thence southerly along the east right -of -way line of said East first Street to the southwest lot comer of Tax Lot number 253 of said section 7, and this point also on the north right -of -way line of Grant Street in said section 7; thence easterly along the north right -of -way of Grant Street in said section 7 to the southeast lot comer of Tax Lot number 240 of said section 7, and this point also being on the west right -of -way line of Industrial Park Drive; thence southerly to the southeast lot comer of Tax Lot 171 of said section 7; thence westerly along the south lot line of Tax Lot numbers 171, 169, 170, south right -of -way line of East 4 Street and Tax Lot number 160 to the southwest lot Corner of said Tax Lot 160 all in said section 7, and this point also on the east right -of- way line of East First Street; thence westerly to the southeast lot comer of Tax Lot number 246 in said section 7; thence westerly along the south lot lines of Tax Lot numbers 246, 247 and 248 to the southwest lot corner of Tax Lot number 248 all in said section 7; thence southerly along the east lot line of Tax Lot number 233 to the southeast lot comer of said Tax Lot number 248 of said section 7 and this point is also on the north right -of -way line of Colfax Street; thence southerly to the northeast lot comer of Tax Lot number 256 in said section 7; thence southerly along the east lot line of tax Lot numbers 256, 255, 242 to the southeast lot corner of Tax Lot number 242 all of said section 7; thence westerly along the south lot line of said Tax Lot number 242 to the southwest lot corner of said Tax Lot number 242 of said section 7, and this point also being on the east right -of- way line of Third Avenue; thence westerly to the west right -of -way line of Third Avenue in said section 7; thence northerly along the west right -of -way line of Third Avenue to the southeast lot comer of Tax Lot number 228 in said section 7; thence westerly along the south lot line of said Tax Lot number 228 to the southwest lot comer of said Tax Lot number 228 in said section 7, this point also on the east north/south section line of section 12, township 18 north range 11 east of the 6t P.M., and on the east lot line of lot number 3 of Skobo Acres an official plat in Washington County, Nebraska; thence northerly along the east lot line to the northeast lot corner of said lot number 3 of -5- Skobo Acres; thence westerly along the north lot line to the northwest lot corner of said lot number 3 of Skobo Acres; thence southerly along the west lot line of said lot 3 of Skobo Acres to the center of South Creek channel in said section 12; thence southeasterly along the irregular channel of South Creek to the southwest lot comer of said lot number 3 of Skobo Acres; thence easterly along the south lot line of said lot number 3 of Skobo Acres to the southeast lot corner of said section 12, and this point also on the east north/south section line of said section 12; thence southerly along the east north/south section line of said section 12 to the southeast section comer of said section 12, this point also is the southeast lot comer of Lot number 234 of said section 12; thence westerly along the south lot line of Tax Lot number 234 to the southwest comer of said Tax Lot number 234; thence northerly along the west lot line of said Tax Lot number 234 to a point of intersect with the center of the irregular channel of South Creek in said section 12; thence northeasterly along the irregular channel of South Creek to the southeast lot comer of lot 1 of Skobo Acres an official plat in Washington County, Nebraska; thence northerly along the east lot line of said lot 1 of Skobo Acres to a point of intersect with the Union Pacific Railroad Right -of -way in said section 12; thence northeasterly along the east right -of -way line of the Union Pacific Railroad right -of -way to a point of intersect with the south right -of -way line of Grant Street in said section 12; thence westerly along the south right -of -way line of Grant Street to the northwest lot comer of Tax Lot number 218 of said section 12; thence southerly along the west lot line of said Tax Lot number 218 to a point of intersect with the north right -of -way line of the abandoned right -of -way of the Chicago Northwestern Railroad in said section 12; thence - southeasterly along the northeast right-of-way line of the abandoned right -of -way of the Chicago Northwestern Railroad in said section 12 to a of intersection with the south east/west section line of said section 12; thence westerly along the south east/west section line of said section 12 to a point of intersect with the west right -of -way line of the abandoned right -of -way of Chicago Northwestern Railroad in said section 12, and this point also being the northeast lot comer of Tax Lot number 177 in section 13, township 18 north, range 11 east of the 6 P.M.; thence southeasterly along the east lot line of Tax Lot numbers 177 and 176 of said section 13 to the southeast lot comer of Tax Lot number 176 of said section 13; thence westerly along the south lot line of said Tax Lot number 176 to the southwest lot corner of said Tax Lot number 176, and this point also being on the east right -of -way line of 10 Street in said section 13, and the northwest lot comer of Tax Lot number 175 of said section 13; thence southerly along the west lot line of said Tax lot numbers 175, 22, 226 and 225 of said section 13 to the southwest lot comer of said Tax Lot number 225 this point also being on the north right -of -way of the State Highway 75 in said section 13; thence southerly to the northeast lot comer of Tax Lot number 240 of said section 13; thence northwesterly along the northeast lot line of said Tax Lot number 240 and Tax Lot number 239 of said section 13 to the northeast lot comer of Tax lot 235 of said section 13; thence southwesterly along the irregular south lot line of said Tax Lot number 235 to the furthest southwest lot comer of said Tax lot number 235; thence northwesterly along the westerly lot line of said Tax lot number 235 to the northwest lot comer of said Tax Lot number 235, this point also being the furthest southern lot comer of lot number 5 of the Replat of Schefer's Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot numbers 5 and 6 of said Replat of Scheffier's Subdivision plat to the southwest lot corner of lot number 6 of said Replat of Schefer's Subdivision plat, this point also being intersecting on the east right -of -way line of Maple Drive; thence westerly to the southeast lot comer of lot number 3 of said Replat of Scheffler's Subdivision plat; thence westerly along the south lot line of lot number 3 of said Replat of Scheffier's Subdivision plat and Tax Lot numbers 213, 79 and 78 of said section 13 to the southwest lot comer of said Tax Lot number 78; thence westerly to the southeast -6- lot corner of lot 19 of Larsen's Third Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot 19 of said Larsen's Third Addition plat to the southwest lot comer of said lot 19 of said Larsen's Third Addition plat; thence westerly along the south right -of -way line of South 16 Street to the southeast lot comer of lot 18 of said Larsen's Third Addition plat; thence westerly along the south lot line of said lot 18 of said Larsen's Third Addition plat to the southwest lot comer of said lot 18 of said Larsen's Third Addition plat, this point also being 33' south of the southeast lot corner of Tax Lot number 23 of section 14, township 18 north, range 11 east of the 6 P.M., this point is also on the east section line of said section 14; thence westerly along a line 33' south of and parallel to the south lot line of Tax Lot numbers 23 and 24 in said section 14 to 33' east of the southeast lot comer of Tax Lot number 21 of said section 14; thence northerly along the center of the right -of -way of Seventeenth Avenue to the center of the intersection of Seventeenth Avenue and Wilbur Street in said section 14; thence easterly along the center of the right -of -way of Wilbur Street to the center of the intersection of Seventeenth Street and Wilbur Street in said section 14; thence northerly along the center of the right -of -way of Seventeenth Street in said section 14 crossing into section 11, township 18 north, range 11 east of the 6 P.M. continuing northerly to the center of the intersection of Seventeenth Street and South Street in said section 11; thence easterly along the center of the right -of -way of South Street to the center of the intersection of South Street and Sixteenth Street in said section 11; thence northerly along the center of the right -of -way of Sixteenth Street to the center of the intersection of - Sixteenth Street and Nebraska Street in said section 11; thence easterly along the center of the right-of-way of Nebraska Street to the center of the intersection Nebraska Street and Thirteenth Street in section 12, township 18 north, range 11 east of the 6 P.M.; thence northerly along the center of the right -of -way of Thirteenth Street to the center of the intersection of Thirteenth Street and Park Street in said section 12; thence easterly along the center of the right -of -way of Park Street to the center of the intersection of Tenth Street and Park Street in said section 12; thence northerly along the center right -of -way of Tenth Street to a point that is 33' west of the northwest lot comer of Tax Lot number 57 in said section 1, township 18 north, range 11 east of the 6 P.M. the point of beginning. City of Blair Ward 4 Legal Description Beginning at a point that is the northwest comer of the southwest quarter of the southeast quarter of section 3, township 18 north, range 11 east of the 6 P.M.; thence easterly along the south line of the southeast quarter of said section 3 and section 12, township 18 north, range 11 east of the 6 P.M. to a point of intersect on the west lot line of lot 3 of the Deerfield Subdivision an official plat in the City of Blair, Washington County, Nebraska, this point also being the centerline of the abandoned Chicago and Northwestern Transportation Company Railroad right -of -way; thence northerly along said abandoned right -of -way to a point of intersection of the east/west centerline of section 12, township 18 north, range 11 east of 6 P.M.; thence easterly along said section east/west centerline to the northeast corner of the northwest quarter of the southeast quarter of section 2, Township 18 north, range 11 east of the 6 P.M., this point also being the northeast lot comer of Outlot 1 of Deerfield Subdivision and official plat in the City of Blair, Washington County, Nebraska; thence southwesterly along the east lot line of said Outlot 1 of said Deerfield Subdivision to a point of intersection on the center of the right -of -way for State Highway 75 in said section 2; thence southeasterly along the center of the right -of -way of State Highway 75 to the center of the intersection of State Highway 75 and Nebraska Street intersection crossing from said section 2 to -7- section 11, township 18 north, range 11 east of the 6 P.M.; thence westerly along the center of the right -of -way of Nebraska Street to a point 50' northeast of the northeast lot comer of Tax Lot number 541 in said section 11; thence southwesterly along the west lot line of said Tax Lot number 541 to the southwest lot comer of said Tax Lot number 541 in said section 11, this point also on the north right -of -way line of the Union Pacific Railroad right -of -way; thence southwesterly along the north right -of -way line of the Union Pacific Railroad right -of -way to a point of intersection with the west section line of said section 11, this point also on the east section line of section 10, township 18 north. range 11 east of the 6 P.M.; thence northerly along the east section line of said section 10 to a point of intersection with the east/west center section line of said section 10; thence westerly along the east/west center line of said section 10 to a point of intersection with the north/south section line of said section 10; thence northerly along the north/south center section line of said section 10 passing into section 3 ,township 18 north, range 11 east of he 6"' P.M. to the northwest section comer of the southwest quarter of the southeast quarter of said section 3 the point of beginning 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 26TH day of March, 2002 BRENDA R. TAYLOR, ITY CLERK CITY OF BLAIR, NEBRASKA -8- MICHAEL A. MINES, MAYOR (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 26 day of March, 2002. / R. TAYLOR, CLERK ORDINANCE NO. 1945 AN ORDINANCE SETTING AND ESTABLISHING THE CORPORATE BOUNDARIES 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 EFFECT. SECTION 1. The legal description of the corporate boundaries of the City of Blair, Nebraska is hereby established and set as follows, to -wit: Beginning at a point that is the northwest comer of the southwest quarter of the southeast quarter of section 3, township 18 north, range 11 east of the 6 P.M.; thence easterly along the south line of the southeast quarter of said section 3 and section 12, township 18 north, range 11 east of the 6 P.M. to a point of intersect on the west lot line of lot 3 of the Deerfield Subdivision an official plat in the City of Blair, Washington County, Nebraska, this point also being the centerline of the abandoned Chicago and Northwestern Transportation Company Railroad right -of -way; thence northerly along said abandoned right -of -way to a point of intersection of the east/west centerline of section 12, township 18 north, range 11 east of 6 P.M.; thence easterly along said section centerline to a point that is 822.12 feet east of the northwest comer of the northeast quarter of the southeast quarter of section 2, township 18 north, range 11 east of the 6` P.M.; thence southeasterly along the northeast lot line of lot 2 of Pinewood Estates and official plat in the City of Blair, Washington County, Nebraska to the northwest lot comer of Tax Lot 119; thence northeasterly along the northerly lot line of said tax lot to the northeast lot comer of said tax lot; thence southeasterly along the easterly lot line of said tax lot to the southeast lot comer of said tax lot and the point also on the west section line of section 1, township 18 north, range 11 east of the 6 P.M.; thence southerly along said section line to the southeast lot comer of said Pinewood Estates this point also being on the north line of Baronage Valley an official plat in the City of Blair, Washington County, Nebraska; thence easterly along the north line of said plat to the northeast lot comer of lot 19 of Korshoj Estates and official plat of the City of Blair, Washington County, Nebraska; thence along the north and easterly lot lines of Tax Lot number 74 in section 1, township 18 north, range 11 east of the 6 P.M. to the southeast lot comer of said tax lot, this point also being the northwest lot comer of lot 49 of Ridgeview Estates subdivision an official plat of the City of Blair, Washington County, Nebraska; thence northeasterly to the north right -of -way ofJoAnn Drive of said Ridgeview Plat; thence easterly along said northerly right -of -way line to the southwest lot comer of lot 50 of said Ridgeview Estates Plat; thence northeasterly along the west lot line of said lot 50 of said Ridgeview Plat to the northwest lot comer of said lot 50 of said Ridgeview Estates Plat; thence easterly along the north lot lines of lots 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 to the northeast lot comer of lot 59 of said Ridgeview Estates Plat; thence northerly along the irregular west lot lines of lots 1, 2 and 3 to the northwest lot comer of lot 3 of Ridgeview Estates 1s Addition an official plat in the City of Blair, Washington County, Nebraska; thence easterly to a point on the east right -of -way line of 10 Street located 88 feet due east of the northeast lot corner of said lot 3 of said Ridgeview Estates 1 'c Addition Plat; thence southerly along the east right -of -way line of 10 Street in section 1, township 18 north, range 11 east of the 6 P.M. to the northwest lot comer of Tax Lot number 57 in section 1 township 18 north, range 11 east of the 6 P.M.; thence southeasterly along the north lot line of said Tax Lot number 57 to the southeast section comer of said section 1; thence southerly along the east section line of section 7, township 18 north, range 11 east to the northwest lot comer of Tax Lot number 129 in said section 7; thence easterly along the north lot line of said Tax Lot and lots 10, 11, 12 and 13 to the northeast lot corner of lot 13 of the Evergreen Bluff Addition and official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west right -of -way line of Garfield Street as platted in said Evergreen Bhnf Addition plat including around the west side of the cul -de- sac to the southwest lot comer of lot 8 in said Evergreen Bluff Addition; thence northerly along the west lot line of said lot 8 to the northwest lot comer of said lot 8; thence southeasterly along the north lot lines of lots 8 and 7 of said Evergreen Bluff Addition plat to the northeast lot corner of lot 7 of said Evergreen Bhif Addition plat; thence southwesterly along the east lot lines of lots 7 and 6 to the southeast lot comer of lot 6 in said Evergreen Bluff Addition plat; thence easterly along the north lot line of lot 3 of said to the northeast lot comer of lot 3 of said Evergreen Bluff Addition plat; thence easterly along the north lot lines of lots 2, 1 and out lot 1 of the Evergreen Bluff Addition Replat and official plat of the City of Blair, Washington County, Nebraska; thence northeasterly along the north lot lines of lots 13, 12 to a point that is 33.03 feet northeast of the northwest lot comer of lot 11 of said Evergreen Bluff Addition Replat; thence easterly along the north lot lines of lots 11, 10, 9 and 8 to the northeast lot comer of lot 8 of said Evergreen Bluff Addition Replat; thence southeasterly along the north the north lot lines of lots 7, 6, 5, 4, 3, 2 and 1 to the southeast lot comer of lot 1 of said Evergreen Bluff Addition Replat, this point also is on the north lot line of Tax Lot number 186 in said section 7; thence northeasterly along the north lot line of said tax lot number 186 to the north west lot comer of said tax lot number 186; thence northerly along the west lot line of Tax Lot number 68 in said section 7, and Tax lot number 4 in section 6, township 18 north, rang 12 east of the 6t P.M. this line also being the center of right -of -way for East 4 Street to the northwest comer of Tax Lot number 4 of section 6, township 18 north, range 12 east of the 6 P.M.; thence easterly along the north lot line of Said Tax Lot number 4, this line also being the center line of Dixon Road, and Tax Lot number 3 of section 6, township 18 north, range 12 east of the 6 P.M. and the north lot line of Tax Lot numbers 2 and 13 in section 5, township 18 north, range 12 east of the 6 P.M. to a point of intersection of the center of the design channel of the Missouri River in said section 5; thence southerly along the center of the designed channel of the Missouri River to a point straight east of the south lot comer of Tax Lot number 22 of section 8, township 18 north, range 12 east of the " P.M.; thence westerly to the south lot comer of said Tax Lot number 22; thence northwesterly along the south lot line of said Tax Lot number 22 and continuing along the southwest lot lines of Tax Lots 25, 213, 90 and 86 to the southeast lot comer of Tax Lot 87 all of section 7, township 18 north, range 12 east of the 6 P.M.; thence northerly along the east lot line of said Tax Lot 87 to the northeast lot comer of said Tax Lot 87 and this point also on the south right -of -way line of State Highway 30 in said section 7; thence southwesterly along the south right - of -way line of State Highway 30 to the northeast lot comer of Tax Lot number 2 of said section number 7; thence southerly along the east lot line of said Tax Lot 2 and Tax Lot 3 of said section 7 to the southeast lot corner of said Tax Lot number 3; thence westerly along the south lot line of said Tax Lot number 3 to the southwest lot comer of said Tax Lot number 3, and this point also being on the east right -of -way of East First Street in said section 7; thence southerly along the east right -of- way line of said East first Street to the southwest lot corner of Tax Lot number 253 of said section 7, and this point also on the north right -of -way line of Grant Street in said section 7; thence easterly along the north right -of -way of Grant Street in said section 7 to the southeast lot comer of Tax Lot number 240 of said section 7, and this point also being on the west right -of -way line of Industrial Park Drive; thence southerly to the southeast lot comer of Tax Lot 171 of said section 7; thence westerly along the south lot line of Tax Lot numbers 171, 169, 170, south right -of -way line of East 4 Street and Tax Lot number 160 to the southwest lot Comer of said Tax Lot 160 all in said section 7, and this point also on the east right -of -way line of East First Street; thence westerly to the -2- southeast lot comer of Tax Lot number 246 in said section 7; thence westerly along the south lot lines of Tax Lot numbers 246, 247 and 248 to the southwest lot comer of Tax Lot number 248 all in said section 7; thence southerly along the east lot line of Tax Lot number 233 to the southeast lot comer of said Tax Lot number 248 of said section 7 and this point is also on the north right -of -way line of Colfax Street; thence southerly to the northeast lot comer of Tax Lot number 256 in said section 7; thence southerly along the east lot line of tax Lot numbers 256, 255, 242 to the southeast lot comer of Tax Lot number 242 all of said section 7; thence westerly along the south lot line of said Tax Lot number 242 to the southwest lot comer of said Tax Lot number 242 of said section 7, and this point also being on the east right -of -way line of Third Avenue; thence westerly to the west right -of -way line of Third Avenue in said section 7; thence northerly along the west right -of -way line of Third Avenue to the southeast lot comer of Tax Lot number 228 in said section 7; thence westerly along the south lot line of said Tax Lot number 228 to the southwest lot comer of said Tax Lot number 228 in said section 7, this point also on the east north/south section line of section 12, township 18 north range 11 east of the 6 P.M., and on the east lot line of lot number 3 of Skobo Acres an official plat in Washington County, Nebraska; thence northerly along the east lot line to the northeast lot comer of said lot number 3 of Skobo Acres; thence westerly along the north lot line to the northwest lot comer of said lot number 3 of Skobo Acres; thence southerly along the west lot line of said lot 3 of Skobo Acres to the center of South Creek channel in said section 12; thence southeasterly along the irregular channel of South Creek to the southwest lot comer of said lot number 3 of Skobo Acres; thence easterly along the south lot line of said lot number 3 of Skobo Acres to the southeast lot comer of said section 12, and this point also on the east north/south section line of said section 12; thence southerly along the east north/south section line of said section 12 to the southeast section corner of said section 12, this point also is the southeast lot corner of Lot number 234 of said section 12; thence westerly along the south lot line of Tax Lot number 234 to the southwest comer of said Tax Lot number 234; thence northerly along the west lot line of said Tax Lot number 234 to a point of intersect with the center of the irregular channel of South Creek in said section 12; thence northeasterly along the irregular channel of South Creek to the southeast lot comer of lot 1 of Skobo Acres an official plat in Washington County, Nebraska; thence northerly along the east lot line of said lot 1 of Skobo Acres to a point of intersect with the Union Pacific Railroad Right -of -way in said section 12; thence northeasterly along the east right -of -way line of the Union Pacific Railroad right -of -way to a point of intersect with the south right -of -way line of Grant Street in said section 12; thence westerly along the south right -of -way line of Grant Street to the northwest lot corner of Tax Lot number 218 of said section 12; thence southerly along the west lot line of said Tax Lot number 218 to a point of intersect with the north right -of -way line of the abandoned right -of -way of the Chicago Northwestern Railroad in said section 12; thence southeasterly along the northeast right -of -way line of the abandoned right -of -way of the Chicago Northwestern Railroad in said section 12 to a point of intersection with the south east/west section line of said section 12; thence westerly along the south east/west section line of said section 12 to a point of intersect with the west right -of -way line of the abandoned right -of -way of Chicago Northwestern Railroad in said section 12, and this point also being the northeast lot comer of Tax Lot number 177 in section 13, township 18 north, range 11 east of the 6t P.M.; thence southeasterly along the east lot line of Tax Lot numbers 177 and 176 of said section 13 to the southeast lot corner of Tax Lot number 176 of said section 13; thence westerly along the south lot line of said Tax Lot number 176 to the southwest lot corner of said Tax Lot number 176, and this point also being on the east right -of -way line of 10 Street in said section 13, and the northwest lot comer of Tax Lot number 175 of said section 13; thence southerly along the west lot line of said Tax lot numbers 175, -3- 22, 226 and 225 of said section 13 to the southwest lot comer of said Tax Lot number 225 this point also being on the north right -of -way of the State Highway 75 in said section 13; thence southerly to the northeast lot comer of Tax Lot number 240 of said section 13; thence northwesterly along the northeast lot line of said Tax Lot number 240 and Tax Lot number 239 of said section 13 to the northeast lot comer of Tax lot 235 of said section 13; thence southwesterly along the irregular south lot line of said Tax Lot number 235 to the furthest southwest lot comer of said Tax lot number 235; thence northwesterly along the westerly lot line of said Tax lot number 235 to the northwest lot comer of said Tax Lot number 235, this point also being the furthest southern lot comer of lot number 5 of the Replat of Schefl<ler's Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot numbers 5 and 6 of said Replat of Scheffler's Subdivision plat to the southwest lot comer of lot number 6 of said Replat of Scheffler's Subdivision plat, this point also being intersecting on the east right -of -way line of Maple Drive; thence westerly to the southeast lot corner of lot number 3 of said Replat of Scheffler's Subdivision plat; thence westerly along the south lot line of lot number 3 of said Replat of Scheffler's Subdivision plat and Tax Lot numbers 213, 79 and 78 of said section 13 to the southwest lot comer of said Tax Lot number 78; thence westerly to the southeast lot comer of lot 19 of Larsen's Third Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot 19 of said Larsen's Third Addition plat to the southwest lot comer of said lot 19 of said Larsen's Third Addition plat; thence westerly along the south right -of -way line of South 16 Street to the southeast lot corner of lot 18 of said Larsen's Third Addition plat; thence westerly along the south lot line of said lot 18 of said Larsen's Third Addition plat to the southwest lot comer of said lot 18 of said Larsen's Third Addition plat, this point also being 33' south of the southeast lot comer of Tax Lot number 23 of section 14, township 18 north, range 11 east of the 6 P.M., this point is also on the east section line of said section 14; thence westerly along a line 33' south of and parallel to the south lot line of Tax Lot numbers 23 and 24 in said section 14 to the southeast lot comer of Tax Lot number 21 of said section 14; thence westerly along the south lot line of said Tax Lot number 21 of said section 14 to the southwest lot comer of said Tax Lot number 21 of said section 14, this point also being on the east lot line of Tax Lot number 132 in said section 14; thence southerly along the east lot line of Tax lot numbers 132 and 54 of said section 14 to the northeast lot comer of lot 8 of the Pleasant Valley Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence southerly along the east lot line of said lot 8 in said Pleasant Valley Subdivision to the southeast lot comer of said lot 8 in said Pleasant Valley Subdivision plat; thence southerly along the east right -of -way line of Pleasant Valley Boulevard to the northeast lot comer of lot 9 of said Pleasant Valley Subdivision; thence southerly along the east lot line of said lot 9 of said Pleasant Valley Subdivision to the southeast lot comer of said lot 9 of said Pleasant Valley Subdivision; thence westerly along the south lot line of said lot 9 of said Pleasant Valley Subdivision to the northeast lot comer of Tax Lot number 108 of said section 14; thence southerly along the east lot line of Tax Lot numbers 108, 109, 75 of said section 14 and Tax Lot numbers 39, 1, 76 and 72 of section 23, township 18 north, range 11 east of the 6 P.M. to the southeast lot comer of Tax Lot number 76 of said section 23; thence westerly along the south lot lines of Tax Lot numbers 76, 102 and 100 of said section 23 to the northeast lot comer of Tax Lot number 68 in said section 23; thence southerly along the east lot line of Tax Lot number 68 and 97 in said section 23 to the southeast lot corner of said Tax Lot number 97 in said section 23, this point also on the north lot line of Tax Lot number 73 in said section 23; thence easterly along the north lot line of said Tax Lot number 73 in saic section 23 to the northeast lot comer of said Tax Lot number 73 in said section 23; thence southerly along the east lot line of said Tax Lot number 73 of said section 23 to -4- the southeast lot corner of said Tax Lot number 73 in said section 23; thence westerly along the south lot line of said Tax Lot number 73 in said section 23 to the southwest lot comer of said Tax Lot number 73 in said section 23; thence westerly to the west right -of -way line of State Highway 133 in said section 23; thence northerly along the west right -of -way line of State Highway 133 to the southeast lot line of Tax lot number 57 of said section 23; thence westerly along the south lot line of Tax Lot number 57 to the southwest lot comer of said Tax Lot number 57 in said section 23, this point also on the east right -of -way line of State Highway 30 in said section 23; thence westerly to the west right -of -way line of State Highway 30 in said section 23, this point also being the southeast lot comer of Tax Lot umber 60 of said section 23; thence westerly along the south lot line of said Tax Lot number 60 o said section 23 to the southwest lot comer of said Tax Lot number 60 in said section 23; thence no easterly along the west lot line of Tax Lot numbers 60 and 96 of said section 23 to the southeast to corner of Tax Lot number 93 of said section 23; thence westerly along the south lot line of said Lot number 93 in said section 23 to the southwest lot comer of said Tax Lot number 93 of said section 23; thence northerly along the west lot line of said Tax Lot number 93 to the northwest lot comer of said Tax Lot number 93 of said section 23, this point also on the south lot line of Tax Lot number 85 in said section 23; thence westerly along the south lot line of said Tax lot number 85 to the southwest lot comer of said Tax Lot number 85 of said section 23; thence northerly along the wDst lot line of said Tax Lot number 85 of said section 23 to the northwest lot corner of said Tax Lot number 85 of said section 23, this point also being the southwest lot comer of Tax Lot number 173 of section 14; township 18 north, range 11 east of the 6"' P.M.; thence . northerly along the west lot line of Tax Lot numbers 173, and 172 to the northwest lot comer of said Tax Lot number 173 of said section 14; thence northerly to the southwest lot comer of Tax Lot number 56 in said section 14; thence northerly along the west lot line of said Tax Lot number 56 to the northwest lot corner of said Tax Lot number 56 in said section 14, this same point being the southwest lot comer of lot 10 of Russel's Addition to Blair Replat an official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west lot line of said lot 10 of said Russel's Addition to Blair Replat plat to the southeast lot comer of Tax Lot number 221 of said sectionl4; thence westerly along the south lot line of said Tax Lot number 221 of said section 14 to the southwest lot corner of said Tax Lot number 221 of said section 14; thence northerly along the west lot line of Tax LDt numbers 221, 176, 110 and 175 all of said section 14 to the northwest lot comer of Tax Lot number 175 in said section 14; thence northerly along the west line of Out Lot `B" of the Tyson's Skyline Addition an official plat in the City of Blair, Washington County, Nebraska to the southwest lot comer of lot 4 of said Tyson's Skyline Addition plat; thence northerly along the west lot line of lots 4 and 3 of said Tyson's Skyline Addition plat to the northwest lot comer of lot 3 of said Tyson's Skyline Addition plat, this point is also the southwest lot comer of Tax Lot number 206 of said section 14; thence northerly along the west lot line of said Tax Lot number 206 of said section 14 to the northwest lot comer of said Tax Lot number 206 of said section 14, this point also on the south section line of section 11, township 18 north, range 11 east of the 6 P.M. and the southeast lot comer of lot 5 of the Tenth Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said to 5 of said Tenth Addition plat to the southwest lot comer of said lot 5 of said Tenth Addition plat, this point is also the southeast section comer of section 10, township 18 north, range 11 east of the 6 P.M. and the southeast lot comer of Tax Lot number 161 of said section 10; thence westerly along the south lot line of Tax Lot numbers 161 and 160 Df said section 10 to the southwest lot comer of said Tax Lot number 160 of said section 10; thence northeasterly along the west lot line of said Tax Lot number 160 to the northwest lot corner of said Tax Lot number 160 of said section 10; thence northeasterly along the -5- west lot line of Tax Lot 161 to the point of intersection of lot 1 of the Pleasant Dell Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the furthest southwest lot comer of said lot 1 of said Pleasant Dell Subdivision plat; thence northerly along the irregular west lot line of said lot 1 of said Pleasant Dell Subdivision plat to a point that is 430.11' east of the northeast lot corner of lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the northern south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the northeast lot comer of said lot 2 of said Pleasant Dell Subdi ion plat; thence southerly along the west lot line of said lot 2 of said Pleasant Dell Subdivision plat to the southeast lot comer of said lot 2 of said Pleasant Dell Subdivision plat; thence westerly alon the south lot line of said lot 2 to the southwest lot comer of said lot 2 of the said Pleasant Dell S U division plat this point also being on the east right -of -way line of County Road P29 in said section 11, thence northerly along the west lot line of lot 2 and lot 1 of said Pleasant Dell Subdivision plat to 1- northwest lot comer of lot 1 of said Pleasant Dell Subdivision plat this point also being on the we right -of -way line of County Road P29; thence northerly to the north right -of- way line of State Hi: I way 91 in said section 10; thence northeasterly along the north right -of -way line of said State Hi i. way 91 to a point of intersection of the east section line of said section 10; thence northerly along the east section line of said section 10 to a point of intersection with the east/west center section line of said section 10; thence westerly along the east/west center line of said section 10 to a point of intersection with the north/south section line of said section 10; thence northerly along the north/south center section line of said section 10 passing into section 3 ,township 18 north, range 11 eaq of he 6 P.M. to the northwest section comer of the southwest quarter of the southeast quarter of said section 3 the point of beginning except for Tax Lot number 38 of section 1, township 18 north, range 11 east of the 6 P.M. (SEAL) 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 publicatim hereof as required by law. PASSED AND APPROVED THIS 26TH DAY OF MARCH, 2002 ATTEST: /6 7 BRENDA R. TAYLOR, qirry CLERK CITY OF BLAIR, NEBRASKA -6- 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 26th day of March, 2002 ORDINANCE NO. 1946 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF REAL ESTA1E DESCRIBED AS THAT PART OF LOT 8, BLOCK 113 IN THE NINTH ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, LYING SOUTH OF DAVIS DRIVE IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEY THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED EY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska and Gordon Larsen, Jr. whereby the City agrees to sell the real estate described hereinabove for the sum of $400.00 and pursuant to the terms Ind provisions of the Purchase Agreement attached hereto and marked Exhibit "A ". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to make all notifications required under Neb. Rev. Stat. 16 -202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. 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 app,oved this 23rd day of April, 2002. ATTEST: A / B •1 'A R. TAYLOity Clerk (SEAL) STATE OF NEBRASKA WASHINGTON COUNT ) :ss: CITY OF BLA R, NEBRASKA 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; 23rd day of April, 2002. AN ORDINANCE :PROVIDING FOR THE SALE OF A TRACT OF REAL ESTATE DESCRIBED AS: NORTH 25' OF LOT 10, BLOCK 1, NEFF'S FIRST ADDITION TO THE CITY OF BLAIR, ASHINGTON COUNTY, NEBRASKA AND MORE. PARTICULARLY DESCRIBED AS F LLOWS: FROM THE NORTHWEST CORNER OF LOT 9, BLOCK 1, NEFF'S FIRST AD ITION TO THE CITY OF BLAIR; THENCE S 00° 00' 00" W (ASSUMED BEARING) ALONG THE WEST LINE OF SAID LOT 9 A DISTANCE OF 109.76 FEET TO THE NORTHWEST CORNER OF LOT 10 IN SAID BLOCK 1 AND THE POINT OF BEGINNING; THENCE N 89° 58' 28" E ALONG THE NORTH LINE OF SAID LOT 10 A DISTANCE OF 120.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE S 00° 08' 53" E ALONG THE EAST :LINE OF SAID LOT 10 A DISTANCE OF 25.00 FEET; THENCE S 89° 58' 28" W A DISTANCE OF 120.51 FEET TO A POINT ON THE WEST LINE OF SAID LOT 10; THENCE N 00° 00' 00" E ALONG SAID WEST LINE A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; AND CONTAINING 0.07 ACRES, MORE OR LESS FOR A SALE PRICE OF $2,000.00 AND ALSO PROVIDING FOR OTHER TERMS AND CONDITIONS OF SAID SALE, PROVIDING FOR NOTIFICATION TO THE PUBLIC OF THE REQUIRED REMONSTRANCE AGAINST SUCH SALE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. ORDINANCE NO. 1947 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska and John A. Swinghohn, a single person, whereby the City agrees to sell the real estate described hereinabove for the sum of $2,000.00 and pursuant to the terms and provisions of the Purchase Agreement attached hereto and marked Exhibit "A ". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make di notifications required under Neb. Rev. Stat. 16 -202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City h..s not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular munic' pal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver an, and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. 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 23rd day of April, 2002. Al EST: BRENDA R TAYLOR, ,'��' Cler (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNT ) CITY OF BLAIR, NEBRASKA ,01/4 BRENDA R. TAYLOR, C CLERK. 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 23rd day of April, 2002. ORDINANCE NO. 1948 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC SAFETY EQUIPMENT TAX ANTICIPATION BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF SEVEN HUNDRED FORTY -FIVE THOUSAND DOLLARS ($745,000) FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION, RENOVATION AND EQUIPPING OF A BUILDING TO SERVE AS A PUBLIC SAFETY BUILDING AND TO PAY MISCELLANEOUS COSTS ASSOCIATED THEREWITH; 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, NEBRAS XA: Section 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine That it is necessary for the City to provide, funds for the purpose of the acquisition, renovatior and equipping of a building to serve as apublic safety building and to pay miscellaneous costs associated therewith; that, pursuant to a measure which was subject to referendum or limited referendum., the City has previously approved and entered into a contract obligating the City to acquire a building for such purposes; that the issuance of the bonds herein authorized is a measure necessary to carry out the contractual obligations of the City pursuant to such contract; that this Ordinance is also adopted by the City in furtherance of a policy of the City previously approved by a measure which was approved by the voters at an election not more than one year prior to the date of issuance of the bonds herein authorized; that in order to pay the cost of the foregoing, it is necessary and advisable for the City to issue its Public Safety Equipment Tax Anticipation Bonds in the amoiint of $745,000; that the taxable valuation of all taxable property within the City as most recently determined, is $324,913,744; that the City currently has no debt outstanding under the provisions of Section 18 -1202 R.R.S. Neb. 1997, as amended; that pursuant to Section 18 -1201 Reissue Revised Statutes of Nebraska,1997, as amended, the Mayor and Council ofthe City of Blair do hereby provide for the levying of a special tax, all as more specifically described in Section 10 hereof; that all conditions, acts and things required by law to exist or to be done precedent to flab issuance of Public Safety Equipment Tax Anticipation Bonds in the amount of $745,000 pursuant to Section 18 -1202 R.R.S. Neb. 1997, as amended, do exist and have been done as required by law. Section 2. To pay the costs specified in Section 1 hereof, there shall be and there are hereby ordered issued Public Safety Equipment Tax Anticipation Bonds, Series 2002, of the City of Blair, Nebraska, -n the principal amount of Seven Hundred Forty -five Thousand Dollars ($745,000) (the "Bonds ") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of 360 -day year consisting of twelve 30 -day months) and maturing on June 1 of each year in the principal amounts as follows: Principal Interest Amount Date of Maturity Rate $ 25,000 June 1, 2004 2.75% 25,000 June 1, 2005 3.25 30,000 June 1, 2006 3.55 30,000 June 1, 2007 3.85 30,000 June 1, 2008 4.10 30,000 June 1, 2009 4.30 30,000 June 1, 2010 4.50 35,000 June 1, 2011 4.60 35,000 June 1, 2012 4.70 35,000 June 1, 2013 4.85 40,000 June 1, 2014 4.95 40,000 June 1, 2015 5.05 45,000 June 1, 2016 5.15 45,000 June 1, 2017 5.20 270,000 June 1, 2022* 5.45 *Term Bonis The Bonds he as term bonds on June 1, 2022 are sometimes referred to herein as the "2022 Term Bonds." The Bonds shall be issued in fully registered form in the denomination of $5,000 or any -2- integral multiple thereof. The Bonds shall be dated the date of delivery thereof. Interest on the Bonds, at the respective rates for each maturity, shall be payable on June 1, 2003, and semiannually thereafter on December 1 and June 1 of each year (each of said dates an "Interest Payment Date ") and the Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever Ls later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs (the "Record Date "), subject to the provisions of Section 4. hereof. The Bonds shall be numbered from 1 upwards in the order of their issuance. No 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 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 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 3 hereof. Payments of principal and accrued interest ther 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 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Bond as the absolute owner of such Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made -3- to the registered owner of any 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 Bonds or claims for interest to the extent of the sum or sums so paid. Section 3. The City Treasurer is hereby designated as the Paying. Agent and Registrar for the Bonds and shall keep and maintain for the City books for the registration and transfer of the Bonds at the City' s offices in Blair, Nebraska. The names and registered addresses of the registered owner or owners of the Bonds shall at all times be recorded in such books. Any Bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Bond or Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Bonds by this Ordinance, one Bond may be transferred for several such Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such Bonds may be transferred for one or several such Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Bond, the surrendered Bond shall be canceled and destroyed. All Bonds issued upon transfer of the Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Bond during any period from any Record Date until its -4- period of 30 days next preceding the date fixed for redemption. ection 4. In the event that payments of interest due on the Bonds on an Interest Payment Date are nc timely made, such interest shall cease to be payable to the registered owners as of the Record Dal e for such Interest Payment Date and shall be payable to the registered owners of the Bonds as oi' a special date of record for payment of such defaulted interest as shall be designated by the Paying gent and Registrar whenever monies for the purpose of paying such defaulted interest become av- 'lable. Section 5. If the date for payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made cn the nominal date of payment. Section 6. Bonds maturing June 1, 2008, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after June 1, 2007, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Bonds to be redeemed in its sole discretion but the Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. The 2022 Term Bonds shall be redeemed at a redemption price of one hundred percent (100 %) of the principal amount thereof together with accrued interest thereon to the date fixed for redemption through operation of mandatory sinking fund redemptions on June 1 of each of the following years, beginning with June 1, 2018, in the amounts stated: immediately following Interest Payment Date or to transfer any Bond called for redemption for a -5- Year of Redemption Amount Required to be Redeemed 2018 $ 50,000 2019 50,000 2020 55,000 2021 55,000 2022 (final maturity) 60,000 The Paying Agent and Registrar shall select the 2022 Term Bonds for mandatory redemption using any random method of selection deemed appropriate by the Paying Agent and Registrar. Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Bonds evidencing the unredeemed principal thereof. Notice of redemption of any 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 Bond at said owner's registered address. Notice of redemption of the 2022 Term Bonds called for mandatory redemption shall be given without further direction by the District. Such notice shall designate the Bond or Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such Bond or Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Bond partially redeemed, such notice shall specify the portion of the principal amount of such Bond to be redeemed. No defect in the mailing of notice for any Bond shall affect the sufficiency of the proceedings of the City designating the Bonds called for redemption or the effectiveness of such call for 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 Bond for which defective notice has been given. Section 7. The Bonds shall be in substantially the following form: No. Interest Rate Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON PUBLIC SAFETY EQUIPMENT TAX ANTICIPATION BOND OF THE CITY OF BLAIR, NEBRASKA SERIES 2002 Maturity Date Date of Original Issue June 1, 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 June 1, 2003, and semiannually thereafter on December 1 and June 1 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 of Blair, Nebraska, as Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of Seven Hundred Forty -five Thousand Dollars ($745,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of providing funds for the acquisition, renovation and equipping of a building to serve as apublic safety building and to pay miscellaneous costs associated therewith, in strict compliance with and in pursuance of Sections 18 -1201 and 18 -1202 R.R.S. Neb. 1997, as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved. and -7- Cusin No. Dollars ($ ) published by the Mayor and Council of said City. Bonds of this issue maturing June 1 2008 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after June 1, 2007, 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. The bonds of this issue maturing as term bonds on June I, 2022 (the "2022 Term Bonds ") shall be redeemed at a redemption price of one hundred percent (100 %) of the principal amount thereof together with accrued interest thereon to the date fixed for redemption through operation of mandatory sinking fund redemptions on June 1 of each of the following years, beginning with June 1, 2018, in the amounts stated: Year of Redemption Amount Reauired to be Redeemed 2018 $ 50,000 2019 50,000 2020 55,000 2021 55,000 2022 (final maturity) 60,000 The Paying Agent and Registrar shall select the 2022 Term Bonds for mandatory redemption using any random method of selection deemed appropriate by the Paying Agent and Registrar. 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 are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The City has agreed to make a special levy of taxes as permitted by Section 18 -1201 R.R.S. Neb., -8- 1997, as amended, of not more than 5¢ per $100 of taxable value on all the taxable property within the City, which tax shall be sufficient in rate and amount to fully pay the principal and interest of this bond and the other bonds of this issue as the same become due. The City agrees that said bonds shall be secured by such tax so assessed and levied and shall be payable out of the funds derived from such tax. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK - ENTRY -ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY,- NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC "), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC ORANOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. 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: Mayor City Clerk (SEAL) -9- CITY OF BLAIR, NEBRASKA 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) Certificate of Authentication and Registration (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 Owners) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange Section 8. Each of the 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 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 may be 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 Bonds. With respect to the issuance of the 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 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a Bond from a Bond Participant while the 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 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 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 Bonds. The Paying Agent and Registrar shall make payments with respect to the 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 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 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 Bonds or (ii) to make available Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging suchBonds shall designate. (c) If the City determines that it is desirable that certificates representing the Bonds be delivered to the ultimate beneficial owners of the 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 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 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 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Bond and all notices with respect to such Bond sh all be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 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. (f) In the event of any partial redemption of a Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govem and establish the principal amount of such bond as is then outstanding and all of the Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and -12- 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 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 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 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication ofthe Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver their to Am.etitas Investment Corp., as initial purchaser thereof, upon receipt of 99.20% ofthe principal amount ofthe Bonds plus accrued interest, if any, thereon to date of payment for the 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 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 Bonds which shall be delivered to said purchaser. Section 9. The proceeds of the Bonds shall be applied to the payment of the costs as -13- described in Section 1 hereof upon order of the Mayor and Council. Accrued interest received from the sale of the Bonds, if any, shall be applied to pay interest falling due on said Bonds on June 1, 2003. Expenses of issuance of the Bonds may be paid from the proceeds of the Bonds. Section 10. The City agrees that it shall, pursuant to Section 18 -1201 R.R.S. Neb. 1997, as amended, levy a special tax so long as any of said Bonds remain outstanding of not more than 5¢ per $100 of taxable value on all the taxable property within the City. The City further agrees that such tax shall be levied in such amount so that in each calendar year in which payments of principal and interest fall due on the Bonds of this issue, the anticipated amount to be collected from such tax shall be an amount of not less than 112% of the total amount of principal and interest payable on the Bonds of this issue in such calendar year. Said Bonds shall be secured by such tax and shall be payable out of the funds derived from such tax. On receipt of such taxes, the City Treasurer shall hold such tax in a separate fund for the purpose of paying the Bonds of this issue or making redemptions as provided in Section 6 of this ordinance Section .11. The City hereby covenants to the purchasers and holders of the 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 Bonds, which would cause the 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 refunding 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 Bonds. The City hereby designates the Bonds as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of,the Code and covenants and -14- warrants that it does not reasonably expect to issue tax- exempt bonds or other tax - exempt obligations aggregating in principal amount more than $10,000,000 during calendar 2002. Section 12. The City's obligations under this Ordinance with respect to any or all of the Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Bonds and any such Bond shall no longer be deemed to be outstanding hereunder if such_ 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, in trust, solely for such payment (i) sufficient money to make such payment and/or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations ") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Bond to be paid prior to maturity, the City shall have duly called such Bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank 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 in excess of the amount required to pay principal of and interest on the Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. -15- Section 13. The Preliminary Official Statement is hereby approvtxl and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed 4ppiv by them. Section 14. 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 aS *h day of . 2002. Attest: City Clerk (SEAL) ORDINANCE NO. 1949 AN ORDINANCE PROVIDING FOR THE SALE OF A TRACT OF REAL ESTATE DESCRIBED AS: A TRACT OF LAND LOCATED IN LOT 1, BRUNTON'S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTHWESTERLY A DISTANCE OF 153.88 FEET ALONG THE WESTERLY EXISTING HIGHWAY 30 RIGHT OF WAY LINE; THENCE NORTHERLY DEFLECTING 154 DEGREES, 16 MINUTES, 26 SECONDS RIGHT, A DISTANCE OF 34.56 FEET ALONG THE PROPERTY LINE OF THE GRANTOR(S); THENCE NORTHEASTERLY DEFLECTING 027 DEGREES, 45 MINUTES, 45 SECONDS RIGHT, A DISTANCE OF 102.75 FEET; THENCE NORTHERLY DEFLECTING 029 DEGREES, 03 MINUTES, 37 SECONDS LEFT, A DISTANCE OF 13.21 FEET TO A POINT ON THE SOUTHERLY EXISTING DAVIS STREET RIGHT OF WAY LINE; THENCE EASTERLY DEFLECTING 091 DEGREES, 27 MINUTES, 56 SECONDS RIGHT, A DISTANCE OF 19.23 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING CONTAINING 1827.23 SQUARE FEET MORE OR LESS; AND THE GRANT OF AN TEMPORARY EASEMENT BOTH UNTO THE STATE OF NEBRASKA, DEPARTMENT OF ROADS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES - IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver an Acquisition Contract by and between the City of Blair, Nebraska and State of Nebraska, Department of Roads, whereby the City agrees to sell the real estate described hereinabove for the sum of Five Thousand Four Hundred Ninety Dollars ($5,490.00) and to grant a temporary easement over a part of Tax Lot 476 in Section 11, Township 18 North, Range 11, City of Blair, Washington County, Nebraska pursuant to the terms and provisions of the Acquisition Contract attached hereto and marked Exhibit "A ". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. 1 -202, et.seq., consisting of the notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate and the grant of such temporary easement. 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: (SEAL) Passed and approved this l lth day of June, 2002. CITY OF BLAIR, NEBRASKA hi /1 frRENDA R. TAYL s ' City 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 11th day of June, 2002. 1 (1 BRENDA R. TAYLOR„ CLERK. ORDINANCE NO.1950 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA BY ENACTING CHAPTER 15 AS TO REGULATE SEXUALLY ORIENTED BUSINESSES; TO ENACT LICENSE REQUIREMENTS, LICENSE FEES, LOCATION REQUIREMENTS, AND OPERATIONAL REQUIREMENTS FOR SEXUALLY ORIENTED BUSINESSES; TO ENACT PROHIBITIONS AGAINST THE SERVICE OR CONSUMPTION OF ALCOHOL ON THE PREMISES OF SEXUALLY ORIENTED BUSINESSES; TO ENACT REGULATIONS REGARDING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS; TO ENACT ENFORCEMENT REQUIREMENTS AND PENALTIES; TO AMEND SECTION 801 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA TO AUTHORIZE SEXUALLY ORIENTED BUSINESS AS A CONDITIONAL USE; TO AMEND THE DEFINITIONS CONTAINED IN SECTION 303.01 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA TO ADD THE DEFINITION OF SEXUALLY ORIENTED BUSINESS; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: WHEREAS, there is convincing documented evidence, studies and reports that sexually oriented businesses have negative secondary effects on the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and, WHEREAS, there is convincing documented evidence and it is recognized that there is a nexus between sexually oriented businesses and their secondary effects and alcohol consumption; and, WHEREAS, the City Council desires to minimize and control these negativve secondary effects and thereby promote and protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and WHEREAS, sexually oriented businesses require special supervision from the City in order to promote and protect the health, safety and welfare of the patrons of such $usinesses as well as the citizens of the City; and WHEREAS, the City Council has determined that vocational criteria acne does not adequately promote and protect the health, safety and welfare of the citizens of this (ity; and WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure 1 that operators do not knowingly allow their establishments to be used as places of illegal activity; and WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the negative secondary effects of sexually oriented businesses; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal laws prohibit the distribution of obscene materials; and WHEREAS, it appears desirable and for the public good and the best interests of the City of Blair, Nebraska, that an Ordinance be passed to amend the City of Blair Municipal Code by enacting Chapter 15 so as to regulate sexually oriented businesses, and to enact license requirements, license fees, location requirements, and operational requirements for sexually oriented businesses, and to enact prohibitions against the service or consumption of alcohol on the premises of sexually oriented businesses, and to enact enforcement requirements and penalties. SECTiON 1. The City of Blair Municipal Code is amended by enacting Chapter 15 entitled Sexually Oriented Businesses, so as to provide as follows: "Sec. 15 PURPOSE AND INTENT. It is the purpose of this Chapter to regulate sexually oriented businesses $o as to promote and protect the health, safety and welfare of the citizens of the City of Blair, Nebraska, and to establish reasonable and uniform regulations to prevent- the deleterious location and concentration of sexually oriented businesses within the City of Blair and thereby minimize and control the negative secondary effects and thus promote and protect the health, safety and welfare of the citizens of the City of Blair. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Sec. 15 FINDINGS - NEGATIVE SECONDARY IMPACT. Based on the documented evidence, studies, findings and reports concerning the negative secondary effects of sexually oriented businesses and the nexus between sexually oriented businesses and alcohol consumption, including findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW /PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990), Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M, 120 S. Ct. 1382 (2000), and findings in the case of Major Liquors, Inc. v. City of Omaha, 188 Neb. 628 198 N.W.2nd. 483 (1972), and studies in other communities 2 including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; Tucson, Arizona; New Hanover, Florida; Ellicottville, New York; Islip, New York; Des Moines, Washington; El Paso, Texas; Cleburne, Texas; Las Vegas, Nevada; Manattee County, Florida; Adams County, Colorado; and St. Croix County, Wisconsin; and findings from the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), which were discussed during City Council meetings and made available to the City Council, the City Council finds: (1) Sexually oriented businesses have negative secondary effects on the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, the downgrading of adjacent neighborhoods, and the downgrading of the quality of life in the adjacent areas. (2) The negative secondary effects of sexually oriented businesses are increased when they are located in close proximity to each other and when the service or - consumption of alcohol is involved. - (3) Improper conduct involving sexual acts occurs at sexually oriented businesses which provide private or semi- private booths or viewing rooms for the viewing of films, videos or live performances. (4) The findings noted above raise substantial governmental concerns for the health, safety and welfare of the citizens of the City of Blair and it is appropriate for the purpose of promoting and protecting the health , safety and welfare of the citizens of the City of Blair that reasonable regulations be enacted so as to address the substantial governmental concerns and minimize and control the negative secondary effects of sexually oriented businesses and thereby promote and protect the health, safety and welfare of the citizens of the City of Blair, protect the citizens from increased crime, preserve the quality of life, preserve the value of property, and preserve the quality of life and the quality and character of surrounding neighborhoods. (5) The enactment of reasonable regulations which involve locational criteria, licensing criteria, operational criteria, and the prohibition of alcohol are appropriate to address the substantial governmental concerns and promote and protect the health, safety and welfare of the citizens of the City of Blair. (6) A reasonable licensing procedure is an appropriate mechanism to place the burden of reasonable regulations on the owners of sexually oriented businesses and such a licensing procedure will place an incentive on the owners to see that the sexually oriented business is operated in a manner which is consistent with the 3 (7) (8) The fact that an applicant for sexually oriented business license has been convicted of a sex - related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this Ordinance and the barring of such individuals from receiving a sexually oriented business license for a period of years serves as deterrent to and prevents conduct in contravention of this Ordinance. (9) health, safety and welfare of patrons, employees and citizens of the City of Blair, Nebraska. The prohibition of doors on viewing booths and rooms and the requirement of sufficient lighting and line -of -sight requirements and structural requirements advance the substantial government interest in preventing improper conduct and sexual acts from occurring in such viewing booths and rooms. The health, safety and welfare of the citizens of the City of Blair will be promoted and protected by the enactment of this Ordinance Sec. 15 - 103 DEFINITIONS. Words or terms not herein defined shall have their ordinary meaning in relation to the context. For purposes of this Chapter, certain words and terms used herein shall be defined as follows: (1) ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug - operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, laser or compact disc players, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas. (2) ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial establishment which has a significant or substantial portion of its stock -in- trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one or more of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas; or • 4 (3) (5) (b) instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others. ADULT CABARET: A night club, restaurant, or similar commercial establishment which regularly features: (a) persons who appear semi -nude; or (b) live performances which are characterized by their emphasis upon the exhibition or display of specified sexual activities; or (c) films, motion pictures, video cassettes, slides, laser or compact discs, or other photographic reproductions which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas. (4) ADULT MOTEL: A hotel, motel or similar commercial establishment which: (a) offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, laser or compact discs, or other photographic reproductions which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right -of -way which advertises the availability of this adult type of photographic reproductions; and either: (1) offers a sleeping room for rent for a period of time that is less that ten (10) hours; or (2) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, laser or compact discs, or similar photographic reproductions are regularly shown which are characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas. (6) ADULT THEM.ER: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear semi -nude, or live performances which are characterized by their emphasis upon the exhibition or display of specified sexual activities. 5 (7) CHIEF OF POLICE: The chief of police of the City of Blair, Nebraska or his/her designated agent. (8) DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities. ( EMPLOYEE, EMPLOY, AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full -time, part -time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises. (10) ESCORT: A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (11) ESCORT AGENCY: A person or business association that for any form of consideration furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes. (12) ESTABLISH OR ESTABLISHMENT: The opening or commencement of any sexually oriented business as a new business; or the conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business; or the addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business. (13) LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. (14) NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human, post- pubertal male or female genitals, pubic area, or buttocks with less than a full opaque covering, the depiction of covered male genitals in a discernibly turgid state, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple. (15) OPERATE OR CAUSES TO BE OPERA'1'ED: To cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the 6 business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business. (16) PERSON: An individual, proprietorship, partnership, corporation association or other legal entity. (17) REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business. (18) RESIDENTIAL: A single family, two family, or multiple family dwelling as defined in section 303 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. (19) RESIDENTIAL DISTRICT: A single family, two family, or multiple family zoning district as defined in Article 7 of the Comprehensive Zoning Ordinance of the City of Blair,. Nebraska. (20) SEMI -NUDE: A state of dress in which clothing covers no more than the genitals, pubic area, and the female breast below the top of the nipple, as well as portions of the body covered by supporting straps or devices. This definition shall include the entire portion of the human female breast below the top of the nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, or bathing suit. (21) SEMI -NUDE MODEL STUDIO: A commercial establishment which regularly features a person who appears semi -nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration. Semi -Nude Model Studio shall not include a proprietary school licensed by the State of Nebraska; or a college, junior college or university supported entirely or in part by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. (22) SEXUAL ENCOUNTER CENTER: A business or commercial enterprise, that, as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter center or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. 7 (23) SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bdokstore or adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi -nude model studio, or sexual encounter center. (24) SPECIFIED ANATOMICAL AREAS: The human, post - pubertal male or female genitals, pubic area, or buttocks with less than a full opaque covering, the male genitals in a discernibly turgid state even if completely and opaquely covered, or the female breast with less than a full opaque covering of any portion thereof below the top of the nipple. (25) SPECIFIED SEXUAL ACTT VI'l'l.ES: (a) The fondling or other erotic touching of human genitals, pubic area, buttocks or female breasts; or (b) (c) excretory functions as part of or in' connection with any of the activities set forth in (a) through (c) above. (26) SUBSTANTIAL ENLARGEMENT: The increase in floor area occupied by the business by more than twenty -five percent (25 %), as the floor area exists on the date this Ordinance takes effect or on the date of the issuance of a sexually oriented business license. (27) TRANSFER OF OWNERSHIP OR CONTROL: (a) The sale, lease, or sublease of the business; or (b) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or (c) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Sec. 15 - 104 CLASSIFICATIONS. Sexually oriented businesses and the licenses to establish and operate a sexually oriented business are classified as follows and a sexually oriented business license shall be issued for only one such classification: (1) adult arcades acts whether actual or simulated, of human sexual intercourse, oral copulation, masturbation or sodomy, or 8 (2) bookstores, adult novelty stores, or adult video stores; (3) adult cabarets; (4) adult motels; (5) adult motion picture theaters; (6) adult theaters; (7) escort agencies; (8) semi -nude model studios; and (9) sexual encounter centers. Sec. 15 - 105 LICENSE REOUIRED: APPLICATION FOR LICENSE. (1) It is unlawful to establish, operate, or cause to operate, a sexually oriented business within the boundary of the City of Blair, Nebraska or within the two mile extraterritorial boundary of the City of Blair, Nebraska, without a valid license issued by the City for the particular type of business. (2) An application for a license must be made to the chief of police on a form provided by the chief of police. (3) - The applicant must be qualified according to the provisions of this Chapter: The' application shall require and the applicant shall provide such information and documentation as is specified hereinafter in Section 15 -105 (5) of this Chapter. (4) If a person who wishes to operate a sexually oriented business is an individual, he /she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director general partner, or other persons who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 15- 107(3) of this Chapter and each applicant shall be considered as a licensee if a license is granted. (5) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents: (a) If the applicant is: (1) An individual, the individual shall state his/her legal name and any aliases and submit proof that he /she is nineteen (19) years of age; (2) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; (3) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good 9 (b) (c) Whether the applicant has been convicted of a crime as specified in Sec.15 -107 (3)(g) -(k) of this Chapter, and if so, the crime, date, place, and jurisdiction involved. (d) Whether the applicant has had a previous license under this Chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and the location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation. standing under the laws of its state of incorporation, the name and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he /she must state the sexually oriented business's name and submit the required registration documents. Whether the applicant holds any other licenses under this Chapter or other similar sexually oriented business ordinance form another city or county and if so, the names and locations of such other licensed businesses. The classification of license for which the applicant is filing. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any. The applicant's mailing address and residential address. The applicant's driver's license number, social security number, and state or federally issued tax identification number. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of (3) (k) plus or minus six inches (6 "). Applicants who must comply with Sec.15- 118 of this Chapter shall submit a diagram meeting the requirements of Sec.15 -118. A current certificate and straight -line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within five hundred feet (500') of the proposed location of the licensed premises, and further depicting the property lines and structures of any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; or any public or private educational facilities including, but not limited to child care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, YMCA, Senior Citizen Center, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, community colleges, and universities; or any park; or any residential district as defined in this Chapter; or any hospital; within five hundred feet (500') of the proposed location of the license premises. (1) If an applicant wishes to operate a sexually oriented business, other that an adult motel which hall exhibit on the premises, in a viewing room of less than one hundred fifty square feet (150') of floor space, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, other visual reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Sec. 15 -118 of this Chapter. Sec. 15 INVESTIGATION OF APPLICATION. (1) Upon receipt of an application for a sexually oriented business license, the chief of police or designee shall conduct an investigation of the applicant and application and shall issue an investigation report. (2) Upon receipt of an application for a sexually oriented business license, the chief of police or designee shall forward a copy of the application to the building inspector, and the building inspector shall conduct a survey of the location and other requirements provided in Sec.15 -114 of this Chapter and shall issue a survey report. The investigation report by the chief of police or designee, and the survey report by the building inspector, shall be forwarded to the City Council, along with the application, within thirty (30) days of receipt by the chief of police of the application. 11 Sec. 15-107 COUNCIL HEARING: ISSUANCE OF LICENSE. (1) Within thirty (30) days of receipt of the forwarded application and reports from the chief of police and building inspector, the City Council shall, in any regular or special meeting, consider the application for a sexually oriented business license, after having given the applicant ten (10) days advance written notice of such consideration and hearing. (2) The applicant, or its representative, shall appear before the City Council at the time scheduled for the City Council's consideration and hearing on the application. At such hearing the applicant, or its representatives, may present oral or written information in support of the issuance of a license and may confront and question any witnesses or information in opposition to the issuance of a license. (3) After such hearing and consideration, the City Council shall approve the issuance of a license to an applicant unless the City Council determines one or more of the following to be true: (a) An applicant is under nineteen (19) years of age. (b) An applicant is overdue in payment to the City of Blair of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business. (c) An applicant has failed to provide information or documentation reasonably necessary for issuance of the license or has falsely answered a question or request for information or documentation on the application form. (d) An applicant has been convicted of a violation of a provision of this Chapter, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. The investigation fee required by this Chapter has not been paid. An applicant or the proposed establishment is in violation of or is not in compliance with any provision of this Chapter. An applicant has been convicted of a crime involving any of the following offenses as described in Nebraska State Statutes: (1) prostitution; 12 (h) (m) (2) promotion of prostitution; (3) aggravated promotion of prostitution; (4) compelling prostitution; (5) obscenity; (6) sale, distribution, or display of harmful material to minors; (7) sexual performance by a child; (8) possession of child pornography; An applicant has been convicted of a crime involving any of the following offenses as described in Nebraska State Statutes: (1) public lewdness; (2) indecent exposure; (3) indecency with a child (i) An applicant has been convicted of sexual assault or aggravated sexual assault as described in Nebraska State Statutes; (j) An applicant has been convicted of incest, solicitation of a child, or harboring a runaway child as described in Nebraska State Statutes; or (k) An applicant has been convicted of criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses. (1) An applicant has been convicted of a crime for which any of the following apply: (1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) less than five (5) years have elapsed since the date of .conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (3) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty -four (24) month period. The fact that a conviction is being appealed has no effect on the disqualification of the applicant under Subsection (3) immediately hereinabove. Sec. 15 -108 FEES. Sec. 15 -109 INSPECTION. (n) An applicant who has been convicted of an offense listed in Sec. 15 -107 (3)(g) -(k) may qualify for a sexually oriented business license only when the time period required by Sec. 15- 107(4) has elapsed. (o) The City Council, upon approving the issuance of a sexually oriented business license, shall cause to be sent to the applicant, by certified mail return receipt requested, written notice of that action and that the applicant must pay the license fee and obtain the license. The Council's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this Chapter and obtained possession of the license. The City Council, upon denial of the issuance of a sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action. (p) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued pursuant to Sec. 15- 104. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may easily read at any time. (q) A sexually oriented business license shall issue for only one classification as provided in Sec.15 -104. (1) The annual license fee for a sexually oriented business license is $600.00. (2) In addition to the annual license fee required by Subsection (a), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable investigation fee of $600.00 for the City to conduct an investigation of the application and for the City to also conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set forth in Sec.15- 114. (1) An applicant, licensee or operator shall permit representatives of the City of Blair police department, fire department, building inspector, and any other federal, state, county or City of Blair agency in the performance of any function connected with the enforcement of this Chapter or other applicable laws, to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. 14 (2) An applicant, licensee or operator of a sexually oriented business or his/her agent or employee commits an offense if he /she refuses to permit a lawful inspection of the premises by a representative designated in Subsection (a) at any time it is occupied or open for business. (3) The provisions of this Section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. Sec. 15 EXPIRATION OF LICENSE: RENEWAL OF LICENSE. (1) Each sexually oriented business license shall expire one (1) year from the date of issuance. (2) A sexually oriented business license may be renewed only by making application as provided in Sec.15 -105. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected by the pendency of the application. 15 - 111 SUSPENSION. (1) The City Council shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or employee of the licensee has: (a) violated or is not in compliance with any provision of this Chapter; or (b) refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter. (2) The determination by the City Council as to the existence or non - compliance with the above matters shall be made in an open City Council session after having given the applicant or license holder or its representatives fifteen (15) days advance written notice of said hearing, of the intent to suspend, and the grounds therefor. At said hearing the license holder or its representatives may present oral or written evidence in support of the continuance of its license and may confront and question any witnesses or evidence in opposition to the continuation of its license. Sec. 15 - 112 REVOCATION. (a) The City Council shall revoke a license if a cause of suspension in Sec.15 -111 occurs and the license has been suspended within the preceding twelve (12) months. 15 (b) The City Council shall revoke a license if the City Council determines that: (1) a licensee gave false or misleading information in the materials submitted during the application process; (2) a licensee or an employee has knowingly allowed the possession, use or sale of a controlled substance on the premises; (3) a licensee or an employee has knowingly allowed prostitution on the premises; (4) a licensee or an employee knowingly operates a sexually oriented business during a period of time when the licensee's license was suspended; (5) a licensee has been convicted or an offense listed in Sec.15- 107(3)(g) -(k) for which the time period required in Sec.15- 107(4) has not lapsed; (6) on two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Sec.15- 107(3)(g) -(k) for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed; or (7) a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises. This subsection shall not apply to an adult motel unless the licensee or employee knowingly allowed any such sexual acts to occur either in exchange for money or in a public place or within public view. (c) After revocation, the licensee shall not be issued a sexual oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the City Council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date of revocation became effective. If the license was revoked under Subsection (b)(5), immediately above, an applicant may not be granted another license until the appropriate number of years required under Sec.15- 107(4) has elapsed. 16 (d) The determination by the City Council as to the existence or non- compliance with the above matters shall be made in an open City Council session after having given the applicant or license holder or its representatives fifteen (15) days advance written notice of said hearing, of the intent to revoke, and the grounds therefor. At said hearing the license holder or its representatives may present oral or written evidence in support of the continuance of its license and may confront and question any witnesses or evidence in opposition to the continuance of its license. Sec. 15 - 113 TRANSFER OF LICENSE. A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the license. Sec. 15 - 114 LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) No sexually oriented business shall be established, operated, or caused to operated, in any zoning district other than the Agricultural Highway. Commercial (ACE) zoning district as defined in Section 801 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. (b) No sexually oriented business shall be established, operated, or caused to be operated, within five hundred feet (500) of: (1) a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; (2) a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, community colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school; (3) a park, children's playground, or youth sports complex; (4) a boundary of a residential district as defined in this Chapter; (5) a property line of a lot devoted to a residential use as defined in this Chapter; (6) a hospital; or 17 (7) a Senior Citizen Center or YMCA building. (c) No sexually oriented business shall be established, operated, caused to be operated, or substantially enlarged, within five hundred feet (500') of another sexually oriented business. (d) For the purposes of Subsection (b) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of any of the items listed in Sec. 15 -114 (b)(1 -7). The presence of any political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section. (e) For purposes of Subsection (c) above, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the 'stmcture which each business is located. (f) (g) Any sexually oriented business lawfully operating on the effective date of this Chapter that is in violation of Subsections (a), (b), or (c) above, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred feet (500') of one another and otherwise are in a permissible location, then the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later- established business in nonconforming. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by location, subsequent to grant or renewal of the sexually oriented business license, of any of the items listed in Sec. 15 -114 (b)(1 -7) within five hundred feet (500') of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. 18 Sec. 15 -115 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (1) An escort agency shall not employ any person under the age of nineteen (19) years. (2) A person commits an offense if he /she acts as an escort or agrees to act as an escort for any person under the age of nineteen (19) years. Sec. 15 -116 ADDITIONAL REGULATIONS FOR SEMI -NUDE MODEL STUDIOS. (1) A semi -nude model studio shall not employ any person under the age of nineteen (19) years. (2) A person under the age of nineteen (19) years commits an offense if he /she appears semi -nude in or on the premises of a semi -nude studio. It is a defense to prosecution under this Subsection if the person under nineteen (19) years was in a restroom not open to public view or visible to any other person. (3) . _A- person commits an offense if he/she appears semi -nude or knowingly allows another to appear semi -nude in an area of a semi -nude model studio which can be viewed from the public right -of -way. (4) A semi -nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. Sec. 15 - 117 ADDITIONAL REGULATIONS FOR ADULT MOTELS. (1) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours created a rebuttable presumption that the establishment is an adult motel as that term is defined in this Chapter. (2) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he /she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he /she rents or subrents the same sleeping room again. (3) For the purposes of Subsection (2) of this Section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. 19 Sec. 15-118 EXPLICIT (1) REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY FILMS. VIDEOS OR LIVE ENTERTAINMENT VIEWING ROOMS. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet (150') of floor space, a film, motion picture, video cassette, video reproduction, slide, laser or compact disc, other visual reproduction, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty -two square feet (32') of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6 "). The foregoing diagram for renewal applications may be waived if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (b) The application shall be sworn to be true and correct by the applicant. (c) No alteration in the configuration or location of a manager's station may be made without the prior approval of the City building inspector. (d) It is the duty of the licensee and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises (e) The interior of the premises shall be configure in such a manner that there is an unobstructed view from a manager's station of 20 every area of the premises, including the inside of viewing rooms, to which any patron is permitted access for any purposes excluding the insides of restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises, including the inside of viewing rooms, to which any patron is permitted access for any purpose excluding the insides of restrooms, form at least one (1) of the manager's stations. The view required in this Subsection must be by direct line of sight from the manager's station. The entrances to viewing rooms shall be open and shall not have a door, curtain, or other closure device, and the insides of all viewings shall have an unobstructed, direct line of sight from the manager's station. It shall be the duty of the licensee and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (5) above, remains . unobstructed by any doors, walls, curtains, partitions, merchandise, display racks or other materials at all times; and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this Section. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5) foot - candles as measured at the floor level. It shall be the duty of the licensee and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises. No viewing room may be occupied by more that one (1) person at any time. No person shall make or attempt to make an opening of any kind between viewing rooms. It shall be the duty of the licensee and operator and it shall also be the duty of any agents or employees present in the premises to ensure that no openings of any kind shall exist between viewing rooms and that all viewing rooms shall be regularly inspected during each business day so as to determine if any openings or holes exist. (2) A person having a duty under Sec. 15 -118 (1)(a -k) above commits an offense if he /she knowingly fails to fulfill that duty. Sec. 15-119 ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY AND SEMI- NUDITY. (1) No person shall appear, in a sexually oriented business, in a state of nudity or depict specified sexual activities. (2) No person shall appear in a sexually oriented business, in a semi -nude condition unless the person is an employee who, while semi -nude, shall be at least six feet (6') from any patron or customer and on a stage at least two feet (2') from the floor. No employee shall, while semi -nude in a sexually oriented business, solicit -any pay , or -gratuity from - any patron or customer, and no patron or customer shall pay or give any gratuity to any employee while said employee is semi -nude in a sexually oriented business. (4) No employee shall, while semi -nude in a sexually oriented business, touch a patron or customer or the clothing of a patron or customer. Sec. 15 - 120 ADDITIONAL REGULATIONS CONCERNING ALCOHOL. No sexually oriented business shall sell or serve alcohol, and except for personal consumption by occupants of rented rooms at adult motels, no sexually oriented business shall permit the consumption of alcohol on the premises of the sexually oriented business. Sec. 15 -121 PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS. No person under the age of nineteen (19) years shall be allowed on the premises of a sexually oriented business. Sec. 15 - 122 HOURS OF OPERATION. No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one o'clock (1:00) a.m. and eight o'clock (8:00) a.m. on weekdays and Saturdays, and one o'clock (1:00) a.m. and noon (12:00) p.m. on Sundays. Sec. 15 -123 DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS. 22 (1) A person commits an offense if, in a business establishment open to persons under the age of nineteen (19) years, he/she displays a book, pamphlet, newspaper, magazine, film, video cassette, or laser or compact disc, the cover of which depicts any of the following: (a) human sexual intercourse, masturbation, or sodomy; (b) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts; (c) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the nipple; or (d) human male genitals in a discernibly turgid state, whether covered or uncovered. (2) In this Section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment: (a) (b) it is available to the general public for handling and inspection; or the cover or outside packaging on the item is visible to members of the general public. Sec. 15 -124 ENFORCEMENT AND PENALTIES. Sec. 15 -125 INJUNCTION. "(12) Sexually Oriented Business." Any person who violates any of the prohibitions or provisions of any article or Section of this Chapter and Ordinance within the boundary of the City of Blair, Nebraska, shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or Section for which the person stands convicted of violating, the penalty for such violation shall be a fine an any sum not exceeding five hundred dollars ($500.00) or imprisonment for a term not to exceed six (6) months or both said fine and imprisonment at the discretion of the sentencing court. A person who operates or causes to be operated sexually oriented business without a valid license or otherwise in violation of this Chapter, is subject to a suit for injunction as well as prosecution for criminal violations and/or suspension or revocation of the license." SECTION 2. Section 801.04 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska is hereby amended to add the following conditional use: 23 SECTION 3. Section 801.05 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska is hereby amended to add the following condition: SECTION 4. Section 303.01 of the Comprehensive Zoning Ordinance for the City of Blair, Nebraska is hereby amended to add the following definition: SECTION 5. If any Section, Subsection, clause, provision, or part or portion of any Section, Subsection, clause, or provision of this Ordinance, or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, then - such unconstitutionality or invalidity shall not affect the constitutionality, validity; or application of any other Section, Subsection, clause, provision, or part or portion of this Ordinance 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 after its passage and publication in pamphlet form as provided by law. ATTEST: BRENDA R. TAYLOR,' City Clerk (SEAL) "4. Sexually Oriented Business - No conditional use permit shall be issued to a Sexually Oriented Business until the applicant has first been granted a license by City under the terms - and provisions of Chapter 15 of the Municipal Code of the City of Blair, Nebraska." "119.10 `Sexually Oriented Business' shall have the same definition as set forth in Section 15 -103 of the Municipal Code of the City of Blair, Nebraska." Passed and approved this 23rd day of July, 2002. 24 CITY OF BLAIR, NEBRASKA. By � HAEL A. MINES, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 23rd day of July, 2002 A R. TAYLOR, C CLERK. 25 ORDINANCE NO. 1951 AN ORDINANCE APPROVING THE PURCHASE OF TAX LOT 142 IN SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM COUNTRY TIRE, INC. FOR THE SUM OF $10,000.00 LESS CERTAIN EXPENDITURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Whereas, Tax Lot 142 in Section 12, Township 18 North, Range 11 East of the 6 P.M., City of Blair, Washington County, Nebraska is that portion of 12 Street which was previously vacated by the City Council for the City of Blair, Nebraska and is currently owned by County Tire, Inc.; furthermore, that Country Tire, Inc. desires to voluntarily sell, transfer and convey unto the City of Blair, Nebraska a fifty foot (50') strip of said Tax Lot 142 for the sum of $10,000.00 less the cost and expense of construction of six inch (6 ") pavement from the back of the curb on the west side of the new 12 Street to existing paved parking lot located on Lot 21, Block 53, in the City of Blair, Nebraska. SECTION 2. That the Mayor is hereby authorized to execute and deliver a Purchase Agreement, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the purchase of the real estate from Country Tire, Inc. 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. ATTES . Passed and approved this 9th day of July, 2002. CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, Clerk (SEAL) STATE OF 'EBRASKA ) ) :ss: WASHING ON COUNT _ MICHAEL A. MAES, MAYOR BRENDA R. TAYLOR, CITY ERK. 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 9th day ofJuly, 2002. SECTION 1. Section 6 -101 of the Municipal Code of the City of Blair, Nebraska AN ORDINANCE AMENDING SECTION 6 -101 AND 6 -102 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA PERTAINING TO LICENSING FEES FOR DOGS; AND AMENDING SECTION 6 -114 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA. PERTAINING TO IMPOUNDMENT FEES FOR DOGS AND CATS AND PROVIDING FOR THE DISPOSAL AND /OR DESTRUCTION OF DOGS AND CATS; AMENDING SECTION 6 -120 PERTAINING TO IMPOUNDMENT PERIOD, NOTICE AND IMPOUNDMENT FEE FOR CATS; AND ADDING A NEW SECTION 6 -121 PROVIDING FOR THE LOANING OF LIVE TRAPS TO RESIDENTS 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 EFFECT. is hereby amended as follows, to -wit: ORDINANCE NO. 1952 "Sec. 6 -101 DOGS: LICENSE. Any person who shall own, keep or harbor a dog over the age of three (3) months within the Municipality shall within thirty (30) days after acquisition of the said dog acquire a license for each dog annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from and after January thirty -first (31st); provided, the possessor of any dog brought into or harbored within the corporate limits shall be liable for the payment of the dog tax levied herein and shall license some within thirty (30) days after such animal is brought into or harbored in the municipality. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of ten dollars ($10.00) dollars for each spayed female dog and each neutered male dog and fifteen dollars ($15.00) dollars for all other dogs. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his or her name and address, and the name, breed, color and sex of each dog owned and kept by him or her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. A conviction for the violation of this section shall result in a fine for the first offense in any one calendar year of the sum of twenty -five dollars ($25.00), for the second offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00) (Ref. 16 -206, 54 -603, 71 -4412 RS Neb.)" SECTION 2. Section 6 -102 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to -wit: 1 "Sec. 6 - 102 DOGS: LICENSE TAGS. Upon the payment of the license fee, the Municipal Clerk shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor the said dog until the thirty -first (31st) day of December following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the Municipal Clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee of five dollars ($5.00) for each duplicate or new tag so issued." SECTION 3. Section 6 -114 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to -wit: "Sec. 6 - 114 DOGS; IMPOUNDING. It shall be the duty of the Municipal Police or their authorized agent to capture, secure, and remove in a humane manner to the Municipal Animal Shelter, or to a designated animal shelter located within or out of the City limits, any dog violating any of the provisions of this Article. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be- kept - and maintained at the pound for a period of not less than five (5) days unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the City Clerk as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of fifteen dollars ($15.00) dollars as a general impoundment fee or any other impoundment fee as set by the Mayor and City Council of the City of Blair, Nebraska, from time to time. Such owner or any other person claiming or obtaining possession of an impounded dog shall also pay a daily boarding fee of eight dollars ($8.00) dollars per day for each day such dog was impounded at the Municipal Animal Shelter. Such impoundment fee and boarding fee may be set and determined from time to time by resolution. The owner shall then be required to comply with the licensing and rabies vaccination requirements within seventy -two (72) hours after release. If the dog is not claimed at the end of seven (7) days, the Municipal Police or their authorized agent, may dispose of the dog or destroy such dog in any humane manner within the discretion of the Municipal Police or their authorized agent; Provided further that in the event any impounded dog is sick or injured and treatment for such sickness or injury exceeds the cost of fifty dollars ($50.00), and neither the Municipal Police nor their authorized agent are aware of the identity of the owner of such animal, then such animal shall be immediately destroyed in any humane manner within the discretion of the Municipal Police or their authorized agent. If in the judgment of the Municipal Police or their authorized agent, a suitable home can be found for any impounded dog in a timely manner, the dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccination requirements provided in this Article. The Municipality, or its authorized agent, shall acquire legal title to an un- licensed dog impounded in the Animal 2 Shelter after seven (7) days. All dogs shall be destroyed and dispose of in the summary and humane manner. For the purposes of this Article, impoundment shall be deemed to have occurred when the animal has been captured, secured and placed into a vehicle for transportation to the Municipal Animal Shelter or designated animal shelter. (Ref. 16 -236, 71- 4408 RS Neb.)" SECTION 4. The Municipal Code of the City of Blair, Nebraska is hereby amended to add a new section 6 -121 which shall provide as follows: "Sec. 6 - 121 LOANING OF LIVE TRAPS. The Municipal Police of the Animal Control Officer may loan live animal traps to any resident of the City of Blair, Nebraska for a period of five (5) days at no charge such resident. If such live trap is not returned on the fifth day there shall be a charge of three dollars ($3.00) per day beginning with the first day of use which said - person had possession of the live trap. The total fee shall not exceed the cost of purchase of a new replacement trap, including shipping and delivery. SECTION 5. Section 6 -120 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to -wit: "Sec. 6 - 120. CATS; IMPOUNDMENT PERIOD, NOTICE, AND IMPOUNDMENT FEE. Each impounded cat shall be kept and maintained for a period not less than forty -eight (48) hours unless reclaimed earlier by any person; provided however that in the event any impounded cat is sick or inured, and treatment for such sickness or injury exceeds the cost of fifty dollars ($50.00), and neither the Municipal Police nor their authorized agent are aware of the identity of the owner of such animal, then such animal shall be immediately destroyed and disposed of in any humane manner within the discretion of the Municipal Police or their authorized agent; Notice of impoundment of all cats, other than a cat which is sick or injured as described above, including any significant marks or identifications, shall be posted at the office of the City Clerk as public notification of such impoundment. Any cat may be reclaimed by its owner during the period of impoundment by payment of $15.00 as a general impoundment fee or any other impoundment fee as set by the Mayor and City Council of the City of Blair, Nebraska, from time to time. Such person claiming or obtaining possession of any impounded cat shall also pay a daily boarding fee in the amount of six dollars ($6.00) per day for each day such cat was impounded at the Municipal Animal Shelter set by the Mayor and City Council from time to time." SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3 SECTION 7. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th day of July, 2002. CITY OF BLAIR, NEBRASKA ST: TRENDA R. TAYLOR, C Clerk (SEAL) STAT OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) 4 By L' MICHAEL A. MINES, MAYOR 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 day of July, 20 J BRENDA R. TAYLOR, CITY ERIC. ATTEST: BRENDA R. TAYLOR,Fity Clerk (SEAL) ORDINANCE NO. 1953 AN ORDINANCE APPROVING THE PURCHASE OF LOTS 12, 13, 14 and 15, EXCEPT HIGHWAY RIGHT OF WAY, IN BLOCK 50, IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM BLAIR AREA YOUNG MEN'S CHRISTIAN ASSOCIATION FOR THE SUM OF $15,000.00; REPEALING ALL ORDINANCES OR PARTS - OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. That the Mayor is hereby authorized to execute and deliver a Purchase Agreement, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the purchase of the real estate from Blair Area Young Men's Christian Association. 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 13th day of August, 2002. CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qu lified, 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 13th day of August 2002. BRENDA R. TAYLOR, C CLERK. ORDINANCE NO. 1954 AN ORDINANCE VACATING ALL THAT PART OF THE ALLEY IN BLOCK 2, NEFF'S FIRST ADDITION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, LYING NORTHERLY OF THE SOUTH LINE OF THE NORTH NINETY FEET (N90') OF LOT 7, BLOCK 2 OF SAID ADDITION; SUBJECT TO A PERPETUAL EASEMENT FOR PUBLIC UTILrnES IN SAID ALLEY; 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 all that part of the alley in Block 2, Neff's First Addition, City of Blair, Washington County, Nebraska, lying northerly of the South line of the North Ninety Feet (N90') of Lot 7, Block 2 of said Addition is hereby vacated and the ownership of the same shall, pursuant to Neb. Rev. Stat. 16 -611, revert to the owner of the adjacent real estate, one -half on each side thereof; provided however, the City of Blair hereby reserves a perpetual easement for public utilities including telephone, electric, gas, cable television, and water. 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 13th day of August, 2002. ATTEST: �0 fif/f/Mdl lffENDA R. TAYLOI"CITY 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 approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of August, 2002. BRENDA R. TAYLOR, C) Y CLERK BRENDA 1. TA YsuR, (fi'Y CLERK 'SEAL) - - 3 1 ORDINANCE NO. 1954 CITY OF BLAIR, NEBRASKA 371 FELED i O2 AUG 15 AM.8 :47 CHARLOTTE L. PETERSP AItRGTeII. C_OU T,Y,CP aL7IiF�''E8 AN ORDINANCE VACATING ALL THAT PART OF THE ALLEY IN BLOCK 2, NEFF'S FIRST ADDTIYON IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, LYING NORTHERLY OF THE SOUTH LINE OF THE NORTH NINETY FEET (N90') OF LOT 7, BLOCK 2 OF SAID ADDITION; SUBJECT TO A PERPETUAL EASEMENT FOR PUBLIC UTILITIES IES IN SAID ALLEY; 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 all that part of the alley in Block 2, Neff's First Addition, City of Blair, Washington County, Nebraska, lying northerly of the South line of the North Ninety Feet (N90') of Lot 7, Block 2 of said Addition is hereby vacated and the ownership of the same shall, pursnrnt to Neb. Rev. Stat. 16 -611, revert to the owner of the adjacent real estate, one-hPlf on each side thereof; provided however, the City of Blair hereby reserves a perpetual easement for public utilities including telephone, electric, gas, cable television, and water. 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 13th day of August, 2002. BY, `IICIAEL A. MINES, MAYOR .2o 0a 462'70 STATE OF NEBRASKA COUNTY OF WASHINGTON)SS ENTERED IN NUMERICAL INDEX AND FILED FOR RECORD OiIS. /5 DAY OF i , t ± A.O.201a AT 8:47 O'CLOCK �M D RECORDED IN BOOK 311 AT PAGE a 7 / -37a, COUNTY CLERK � � DEPUTY k1-f�y �, e �, Tv/ /.)n Recorded "f General Numerical Photostat Probfeo ORDINANCE NO. 1955 AN ORDINANCE APPROVING THE PURCHASE OF LOTS NINE, TEN AND ELEVEN (9, 10 AND 11) IN BLOCK FIFTY (50) IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA., FROM HAIN FLYNN POST NO.154, THE AMERICAN LEGION, DEPARTMENT OF NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Whereas, Hain Flynn Post No. 154, the American Legion, Department of Nebraska desires to voluntarily sell, transfer and convey unto the City of Blair, Nebraska Lots Nine, Ten and Eleven (9, 10 and 11) in Block Fifty (50) in the City of Blair, Washington County, Nebraska. SECTION 2. That the Mayor is hereby authorized to execute and deliver a Purchase Agreement, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the purchase of the real estate from Hain Flynn Post No. 154, the American Legion, Department of Nebraska. 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 27 day of August, 2002. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLO (SEAL) 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 27th day of August, 2002. BRENDA R. TAYLO ITY CLERK. ORDINANCE NO. 1956 AN ORDINANCE AMENDING ORDINANCE NO. 1488, COMMONLY KNOWN AS THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, BY ADDING SEC. 6 -342 WHICH PROHIBITS A PERSON NINETEEN (19) YEARS OF AGE OR OLDER FROM URINATING IN A PUBLIC PLACE, ESTABLISHING A PENALTY FOR A VIOLATION 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: SECTION 1. The Municipal Code of the City of Blair, Nebraska is hereby amended by adding the following Section, to -wit: "Sec. 6 -342 PUBLIC URINATION: PENALTY A person nineteen (19) years of age or over shall not urinate in a public place, including but not limited to a street, alley, or sidewalk, and where the conduct may reasonably be expected to be viewed by members of the public. Violation of this Section shall be a Class V Misdemeanor. 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 after the passage and publication hereof as required by law. Passed and approved this 27th day of August, 2002. A'1 T TRENDA R. TA y OR, City Clerk (SEAL) CITY OF BLAIR, NEBRASKA By `III HAEL A. MINES, MAYOR STA E 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 27th day of August, 2002. t BRENDA R. TAYLOR, j' ITY CLERK. ORDINANCE NO. 1957 AN ORDINANCE TO ADOPT THE BUDGET STA'1'BMENT 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, 2002, and ending September 30, 2003, was published in The Pilot Tribune, the official newspaper of the City of Blair on August 30, 2002; and, WHEREAS, said budget statement was prepared on the ap 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, 2002, and ending September 30, 2003. 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. Pasted and approved this le day of September, 2002. CITY OF BLAIR, NEBRASKA ATTEST: B ' ' A R. TAYLOR `YY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) By _ MICHAEL A. ES, 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 lO day of September, 2002. ORDINANCE NO. 1958 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, 2002, 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 $12,175,594.00 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 2002 -2003 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 $ 2,721,418.00 Debt Service $ 1,460,386.00 Street $ 1,590,125.00 Sales Tax (1997 Vote) $ 979,376.00 Lodging Occupation Tax $ 49,001.00 Health & Benefit Insurance $ 142,416.00 Water $ 3,836,578.00 Sewer $ 863,723.00 Community Development Block Grant Fund (ED) $ 200.00 Donated Funds $ 33,504.00 Capital Outlay Reserve $ 11,900.00 Community Development Block Grant Reuse Funds $ 284,386.00 Municipal Infrastructure Redevelopment Fund $ 21,464.00 Keno Funds $ 181,117.00 SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repdaled. 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 10th day of September, 2002. CITY OF BLAIR, NEBRASKA A ITEST: BRENDA 1. 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 at a regular meeting of the Mayor and City Council of said City held on the 10th day of September, 2002. BRE i A R. TAYLOR, C LERK AN ORDINANCE AMENDING ORDINANCE NO. 1488 (THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA) BY AMENDING SECTION 10 -1803 TO IMPOSE A FOUR PERCENT (4 %) OCCUPATION TAX FOR RENTAL OF ROOMS EFFECTIVE OCTOBER 1, 2002; 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 Ordinance No. 1488 (The Municipal Code of the City of Blair, Nebraska) is hereby amended Section 10 -1803 of the Municipal Code of the City of Blair, Nebraska, as follows: Sec. 10 -1803. HOTEL ACCOMMODATIONS. There is hereby imposed an occupation tax fee in the amount of two percent four percent (4 %) 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.) 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 10th day of September, 2002. ATTEST: BENDA R. TAYLOR, � � CLERK (SEAL) ORDINANCE NO. 1959 By CITY OF BLAIR, NEBRASKA CHAEL 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 the 10th day of September, 2002. BRENDA R. TAYLOR, CIT 1CLERK AN ORDINANCE VACATING THE ALLEY LYING BETWEEN LOTS 4, 5, 6 AND LOTS 7, 8, AND 9, BLOCK 2, PRAIRIE PARK ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, SUBJECT TO A PERPETUAL EASEMENT FOR ELECTRICAL, GAS, WATER, SEWER AND TELEPHONE UTILITIES, IF ANY, LOCATED IN SAID ALLEY, 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 the alley adjacent to Lots 4, 5, and 6 and Lots 7, 8, and 9, Block 2, Prairie Park Addition to the City of Blair, Washington County, Nebraska, is hereby vacated and the ownership of the same shall, pursuant to Neb. Rev. Stat. 16 -611, revert to the owners of the adjacent real estate, one -half on each side thereof, subject to, however, the perpetual. easements for electrical, gas, water, sewer and telephone utilities, if any, located in said alley. 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 10th day of September, 2002. BRENDA R. TAYLOR, C'Y CLERK (SEAL) ORDINANCE NO. 1960 STATE OF NEBRASKA WASHINGTON COUNTY ) :s 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 September, 2002. Bl 1DA R. TAYLOR, cff CLERK` ORDINANCE NO. 1963 AN ORDINANCE RESCINDING ORDINANCE NO. 1959 AND AMENDING ORDINANCE 1498 (THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA) BY AMENDING SECTION 10 -1803 TO IMPOSE A FOUR PERCENT (4 %) OCCUPATION TAX FOR RENTAL OF ROOMS EFFECTIVE NOVEMBER 1, 2002; 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 Ordinance 1959 is hereby rescinded. SECTION 2. That Ordinance No. 1488 (The Municipal Code of the City of Blair, Nebraska) is hereby amended Section 10 -1803 of the Municipal Code of the City of Blair, Nebraska, as follows: Sec. 10 -1803. HOTEL ACCOMMODATIONS. There is hereby imposed an occupation tax fee in the amount of four percent (4 %) 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.) SECTION 3. That the effective date of the increased occupation tax shall be November 1, 2002. 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 8th day of October, 2002. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLOR, CITY 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 at a regular meeting of the Mayor and City Council of said City held on the 8th day of October, 2002. BRENDA R. TAYLOR, CITY CLERK AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO HUNTEL CABLEVISION, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS TO OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF BLAIR, NEBRASKA, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING FOR CITY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM, 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 THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. (a) CITY shall mean the City of BLAIR. (b) CITY COUNCIL shall mean the governing body of the City. (c) COMPANY shall mean HunTel CableVision, Inc., or its assigns. (d) PERSON shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (e) FRANCHISE AREA shall mean that area within the corporate limits of the City. ORDINANCE NO. 1965 (f) STREET shall mean the surface of and the space above and below any public street, right of way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communications or utility easement, now or hereafter existing as such within the franchise area. (g) PROPERTY OF COMPANY shall mean all property owned, installed or used by the Company in the conduct of a CATV business in the City. (h) CATV shall mean a cable television system as hereinafter defined. (i) CABLE TELEVISION SYSTEM shall have the same definition of that included in the Telecommunications Act and includes, without limitation, antenna, cable wires, lines, towers, wave guides, or any other conductors, converters, equipment 1 (j) BASIC CATV SERVICE shall mean the simultaneous delivery by the Company to television receivers of all subscribers in the Franchise Area of all signals of over the air television broadcasters and public, educational, or governmental television access facilities required by the FCC to be carried by a cable television system as defined hereinabove. Basic CATV service shall also include additional television channels including original television cablecast programming at the option of the Company. (k) (1) PAY TELEVISION SERVICE shall mean the simultaneous delivery by the Company to television receivers over the cable television system of audio -video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic CATV service) on a per program, per channel, or other subscription basis. (m) (n) or facilities, designed, constructed, or wired or the purpose of producing, receiving, amplifying, and distributing by coaxial cable audio and/or visual radio, television, electronics or electrical signals to and from persons, subscribers, and locations in the franchise area. ADDITIONAL SERVICE shall mean any communications service other than basic service provided over its cable television system by the Company directly or as a carrier for its subsidiaries, affiliates, or any other person engaged in communications services including but not limited to satellite distributed programming, burglar alarm, data, or any other electronic intelligence transmission, facsimile reproduction, meter reading, and home shopping. SUBSCRIBER shall mean any person or entity receiving basic CATV service. GROSS ANNUAL SUBSCRIBER REVENUES shall mean all compensation and other consideration received directly by the Company from subscribers in payment for regularly furnished basic CATV, Pay Television service, advertising, leased channels and installations. Gross Annual Subscriber Revenue shall not include the following, to -wit: (i) any taxes on services furnished by the Company imposed directly on any subscriber or user by any City, state, or other governmental unit and collected by the Company for such governmental unit, or, (ii) revenue from additional service nor from auxiliary services which include but are not limited to Internet, telecommunications, and all other telecommunications services not specifically described above. (o) NATURAL OCCURRENCE shall mean an act occasioned exclusively by violence of nature without the interference of any human agency. It means a natural necessity proceeding from physical causes alone, without the intervention of man. It is an act, event, happening, inevitable accident, or disaster; a natural and inevitable occurrence which implies entire exclusion of all human agency which operates without interference from man and which results from natural causes and 2 is in no sense attributable to human agency. It is an accident which could not have been occasioned by human agency, but proceeded from physicals causes alone. DROP shall mean a wire or cable that connects each building to the main (trunk) cable. TELECOMMUNICATIONS ACT shall mean the Telecommunications Act of 1996, as amended from time to time and located in Title 47, Chapter I, Part 76 of the Code of Federal Regulations. SECTION 2. GRANT OF AUTHORITY. Whereas, the City has approved the legal, character, financial, technical, and other qualifications of the Company and the adequacy and feasibility of the Company's construction arrangements as part of a full public proceeding affording due process, there is hereby granted by the City to the Company the nonexclusive right and privilege to engage in the business of operating and providing a cable television system in the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public way and public place, now laid out or dedicated and all extensions thereof and additions thereto in the franchise area such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms, or corporations including but not limited to any public utility or other grantee franchised or permitted to do business in the City. SECTION 3. TERM OF FRANCHISE. (a) The franchise and rights herein granted shall continue in force and effect for a term of ten (10) years after the effective date of this franchise. The franchise may be renewed for an additional ten (10) year period following a public proceeding affording due process. The franchise shall be renewed at the request of Company, if the Company's performance has been satisfactory. Such approval shall not be unreasonably withheld. 3 SECTION 4. CONDITIONS OF STREET OCCUPANCY. (a) All transmission and distribution structures, lines, and equipment erected by the Company within the franchise area shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said street or other public ways and places. The cable television system shall be constructed, repaired, and operated in compliance with all current City, State, and National construction and electrical codes. The Company shall install and maintain its wires, cables, fixtures, and other equipment in such manner that they will minimize any interference with any installations of the City or of a public utility serving the City. (b) The Company shall not open or disturb the surface of any alley, street, sidewalk, driveway, or public place for any purpose without first having obtained a permit to do so in a manner provided by City ordinance. Company shall not unnecessarily interfere with the use of any alley, street, sidewalk, driveway or public place and, where the paving or surface of any alley, street, sidewalk, driveway or public place is disturbed, Company, at its own expense and in a manner satisfactory to the authorized representatives of the City, shall replace such paving or surface in as good condition as before such work was commenced. (c) The Company shall, at its expense, protect, support, temporarily disconnect, relocated in the same street or other public place, or remove from the street or other public place, any property of the Company when required by the City by reason of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewer, drains, water pipes, City owned power or signal lights or any other type of structure or improvement by public agency. (d) All wires, conduits, cables and other property and facilities of the Company shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with . the usual and customary trade, traffic and travel upon the alleys, streets or public places of the City. The Company shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City. The Company shall not place poles or other 4 equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric, or telephone fixtures, or with any water hydrants or mains (e) All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect 'for engineering and safety consideration. All installations shall be underground except in those areas where hard surface alleys interfere with the installation of the facilities. (f) The City shall give the Company reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the Company sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Company to maintain continuity of service. (g) In case of disturbance of any street, public way, or paved area, the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, public way or paved area in as good a condition as before the work involving such disturbance was done. (h) Any poles or other fixtures placed in any public way by the Company shall be placed in such manner as not to interfere with the usual travel on such public way. (i) The City shall have the right to make additional use, for any public or municipal purpose, of any conduits controlled or maintained exclusively by or for Company in any street or alley, provided such use by City does not interfere with the use by Company and City agrees to pay commercially reasonable compensation for such usage. The City shall indemnify and hold harmless Company against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, and costs of liabilities of every kind and nature whatsoever arising out of such use of Company's poles or conduits. 5 SECTION 5. SAFETY REOUIREMENTS. (a) The Company shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) All structures and all lines, equipment and connection in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, wherever situated or located shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. SECTION 6. PUBLIC BUILDING CONNECTION/LOCAL ORIGINATION PROGRAMMING. (a) The Company shall provide one free drop at the following public buildings: (1) City Hall; (2) Fire Hall on Lincoln Street; (3) Fire Hall on Nebraska Street; (4) Police Department Building; and (5) Public Library Building as long as a trunk cable is within 150 feet of the building and accessible via public right of way. (b) No monthly charges shall be made to City for providing basic CATV service to the buildings listed above. (c) In addition, Company will activate, at its cost, a Basic CATV service channel to be available for one governmental and one educational local origination programming. Company will provide a character generator connection at City Hall (all other local origination equipment to be provided by City, at its expense). SECTION 7. SYSTEM CONSTRUCTION AND EXTENSION. (a) Company, whenever it shall receive a request for service from at least ten (10) subscribers within 1,000 feet of its trunk cable, shall extend its system to such subscribers at no 6 cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible. The 1,000 feet shall be measured in extension length of Company's cable required for service located within the public way and shall not include length of necessary service drop to the subscriber's home or premises. (b) No person, firm, or corporation in the Company's service area shall be arbitrarily refused service. However, in recognition of the capital costs involved for unusual circumstances such as requirement for underground cable, more than 150 feet of distance from distribution cable to connection of service to a subscribers, or a density of less than ten (10) subscribers per 1,000 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated area, service may be made available on the basis of cost of materials, labor, and easements. (c) In the event additional adjacent territory is incorporated within the City's limits by annexation or otherwise, Company's rights and duties under this Ordinance shall be deemed to include such additional territory. (d) Company shall maintain a minimum capability of this CATV system of not less than thirty -seven (37) channels. SECTION 8. OPERATIONAL STANDARDS. (a) The Company shall operate and maintain its cable television system in full compliance with the standards set forth by the Federal Communications Commission. (b) At any time that Company (in furtherance of its right to construct, operate and maintain the cable television system) disturbs a yard, residence or other real or personal property, such Company shall insure that the yard, residence or other personal property is returned, replaced and/or restored to a condition that is sufficiently comparable to the condition that existed prior to the commencement of the work. The cost associated with both the disturbance and the return, replacement and/or restoration shall be borne by the Company. The requirements imposed 7 upon Company extend to any subcontractor or independent contractor the Company might employ to perform the tasks set forth hereinabove. (c) The Company shall abide by any and all applicable subscriber privacy rules and regulations of the federal and state governments. SECTION 9. LOCAL OFFICE: COMPLAINTS. (a) The Company shall maintain a business office or agent which subscribers may telephone twenty -four (24) hours per day, seven days per week, without incurring added message or toll charges. (b) Company shall respond within twenty -four (24) hours after receipt of a complaint. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunctions, or similar matters, the subscriber shall be entitled to meet jointly with an appropriate representative of the City and a representative of the Company within thirty (30) days to fully discuss and resolve such matters. (c) Company shall maintain written logs or electronic data listing the day and time of subscriber complaints, identifying the subscriber, and describing the nature of the complaint and when and what action was taken by Company. Company shall provide City with the subscriber complaint information on a monthly basis. This information shall be maintained for three (3) years. (d) Company shall provide a subscriber with credit or a rebate for service outage or interruption exceeding twenty -four (24) hours in duration, to be calculated on a pro rata basis. No credit or rebate shall required where the outage was due to natural occurrences beyond the direct control of the Company, so long as Company shall use reasonable diligence in making all repairs or replacements in a timely and workmanlike manner. SECTION 10. RATES. The Company has on file with the City a schedule of tariffs which shall include all fees, charges, and rates to be charged to subscribers. If any of said fees, charges, or rates are changed, the Company shall notify the City of said changes in writing at least thirty (30) days before said changes take effect. 8 At the time of the adoption of this ordinance, the City chooses not to become involved in the rate making process, believing that supply and demand will be effective rate control. However, the City reserves the right to become involved in the rate making process and to approve or disapprove proposed rates subject to the terms and provisions of the Telecommunications Act, as amended. SECTION 11. PREFERENTIAL OR DISCRIMINATION PRACTICES PROHIBITED. The Company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled and provided further that connection and service charges may be waived or modified during promotional campaigns of Company. SECTION 12. FRANCHISE PAYMENTS. (a) The Company shall pay to City a five percent (5 %) franchise fee based on the gross annual subscriber revenue received for cable television system in the franchise area. The fee shall 9 be paid on a semi - annual basis with payments to be made on or before August 30 and on or before February 28 of each calendar year. No other fee, charge or consideration shall be imposed. Sales tax or other taxes levied directly on a per subscription basis and collected by the Company shall be deducted from the gross service revenues before computation of sums due the City is made. The Company shall provide a semi annual summary report showing gross revenues received during the six months preceding the due date of each semi annual franchise fee payment. (b) Company shall keep complete and accurate books of accounts and records of the business and operations under and in connection with the cable television system. The duly authorized representative of the City Council shall have the right to review all records pertaining to gross annual subscriber revenues. Non - revenue financial records will only be requested in the aggregate on a summary prepared by the cable operator. City acknowledges the sensitivity of these records and will request this information only on an "as needed" basis and will treat this information as confidential and proprietary to the fullest extent as allowed by law. The City Council shall have the right to hire, at its own expense, an independent certified public accountant or other business or financial expert to review the books and records of Company. If after a financial audit it is determined that the Company provider has underpaid amounts owed to the City by more than two percent (2 %) annually, then Company shall reimburse City for the actual cost of the audit. A false entry into the books and/or records of Company made by Company of a material and substantial fact shall constitute a material violation of this Ordinance. Erroneous entries shall not constitute a material violation if made in good faith. SECTION 13. INDEMNIFICATION OF CITY. (a) The Company shall at all times protect and hold harmless the City from all claims, actions, suits, liability, loss, expense, or damages of every kind and description, including investigation costs, court costs, and attorney's fees, which may accrue to or be suffered or claims by any person or persons arising out of the negligence of the Company in the ownership, construction, repair, replacement, maintenance, and operation of said cable television system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of said system provided further that City shall give Company prompt notice of such claim and Company reserves the right to defend and settle such claim. (b) The Company shall secure and maintain, for so long as it owns and operates a cable television system within the City, public liability, property damage insurance and umbrella coverage in at least the following amounts: 1. Public liability and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) per event/per occurrence. 2. Umbrella liability shall be in the amount of Two Million Dollars with no more than a Fifty Thousand Dollar ($50,000.00) deductible and/or base insurance. Company's provider of public and personal 10 liability and property damage insurance shall specifically include the City, the Mayor, the City Council, their officials, agents, employees or representatives as additional named insured. Furthermore, the public and personal liability and property damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the State of Nebraska and which has one of the three highest and best ratings from the AM Best Company and which is reasonably acceptable to City. The public liability and property damage insurance policy shall contain an endorsement obligating the insurance company to furnish the City Administrator for City with at least thirty (30) days written notice in advance of cancellation of the insurance. Renewal or replacement policies or certificates shall be delivered to the City Administrator for City at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. Company shall provide City with a certificate of insurance on an annual basis evidencing that all of the insurance requirements set forth above have been complied with. SECTION 14. SYSTEM REVIEW. In recognition of the fact that a great many technical, financial, marketing, and legal uncertainties are associated with all aspects of cable communications at the present time, it is the intent of the City to provide for a maximum feasible degree of flexibility in this franchise throughout its term to achieve and advance a modern system for the City. The principal means for accomplishing this flexibility will be the annual scheduled review session provided for in this franchise. It is intended that such review session will serve as a means of cooperatively working out solutions to problems that develop. The City Council and the Company will hold, at the option of City, scheduled review sessions each calendar year during the term of this franchise. 11 SECTION 15. REPORTS BY COMPANY. No later than ninety days after the close of Company's fiscal year, the Company shall submit a written report to the City or the City's representative, including: (a) a summary of the previous year's activities and development of the system, including, but not limited to, services initiated or terminated, subscriber's gain or loss, beginning number and ending number of subscriber's to system; (b) financial statements and information as set forth in Section 12; (c) a summary of complaints, identifying the number and nature of complaints and their disposition; (d) a list of officers and members of the board of directors of the company and parent corporation; (e) a list containing the names and addresses of all stockholders holding 5% or more of the voting stock of the company and the parent corporation; (f) a report on such other topics as may be requested by the City at least ninety days in advance. The City shall have the right to inspect the company's books and records pertaining to any issues subject to this franchise at all reasonable times upon reasonable notice to Company. SECTION 16. CITY COUNCIL POLICY WITH RESPECT TO . SAFETY REOUIREMENTS. (a) Company shall construct, operate and maintain the cable television system in a safe manner and shall comply with all applicable building codes, electrical codes and, at a minimum, all of the safety and other regulations set forth in the Telecommunications Act. (b) In order that subscribers may be alerted in the event of an impending, imminent or actual, natural or manmade emergency, Company shall insure that the cable television system is designed so as to permit and authorize official of the City to override or cause to be overridden the audio portion of all channels by touch tone telephone (or functional equivalent) from any location. Company shall provide, at a minimum, the emergency alert system which is required under the Telecommunications Act. Furthermore, Company shall provide the necessary training and education to representatives of City, including administrative staff and emergency personnel, in regard to the activation and usage of the emergency alert system, including but not limited to the process by which City can override or cause to be overridden the audio portion of all channels 12 by touch tone telephone (or its functional equivalent). The Company's obligation to train and education City personnel shall be done at all such times as is reasonably requested by City. "(c) As one method of providing continuity of multi - channel services in the event of a natural or manmade emergency, Company shall have a sufficient number of portable electric generators available to be activated within a reasonable period of time to serve as standby power for all power supplies on all trunk and feeder cables, and all headends, hubs and receive sites associated with the distribution of the cable service to and throughout the City. (d) It shall be the duty of Company to devise and implement a periodic preventative maintenance program for the cable television system in order to insure that there is no material degradation of the cable television system that would affect the citizens' health, safety and welfare or negatively affect the quality of the cable television system being provided. Although not exhaustive, the following areas should be included in a preventative maintenance program and subsequent report to be made to the Council detailing the results of the test conducted if such individual reports are requested by City: 1. Inspection repair, if needed at the headend; 2. Inspection repair, if needed of the antenna tower; 3. Requiring weatherproofing and protection of the antenna, lead connectors and any other exposed fittings; 4. Requiring the conducting of signal leakage tests that are in accord with the FCC requirements; 5. Requiring the periodic servicing, testing and calibration of the Company's equipment including equipment on service vehicles and field test equipment; 6. Company shall, in a timely manner, comply with all proof of performance testing as required by the Telecommunications Act and the industry standards for comparably sized cable television systems. 7. Testing of the emergency alert system to ensure that it will function properly during emergency situations; and 13 SECTION 17. ASSIGNMENT OR TRANSFER OF FRANCHISE. (a) City reserves all rights granted to it pursuant to the Telecommunications Act to approve or disapprove the assignment or transfer in whole or in part, the Company's franchise. At least 60 days before a proposed assignment or transfer of the cable television franchise granted hereunder, Company shall request in writing with the City Council's written consent for such a proposed assignment or transfer. The City Council will not unreasonably withhold its consent to such an assignment or transfer. However, in making such a determination, the City Council may consider the following: 1. Experience of proposed assignee or transferee (including conducting investigation of proposed assignee or transferee service record in other communities); 2. Qnalifications of proposed assignee or transferee; 3. Legal integrity of proposed assignee or transferee; 4. Financial ability and stability of the proposed assignee and transferee; 5. If requested by City Council, submittals from the proposed assignee or transferee on what, if any, changes it intends to make in the operation and maintenance of the present cable television system; 6. The economic viability or nonviability of the cable television system in the future based upon certain factors including the impact of the purchase price on the City, and/or the proposed assignee or transferee; and 7. Any other legitimate aspect of the proposed assignee's or transferee's background which could affect the health, safety and welfare of the citizenry of the City as it relates to the operation of the cable television system. (b) Before an assignment or transfer is approved by the City Council, the proposed assignee or transferee shall execute an agreement acknowledging that it has read, understood and intends to abide by both this ordinance and the applicable franchise agreement. (c) An assignment or transfer shall not relieve the former franchise holder of its liabilities under the franchise agreement until the assignment actually takes place or unless 14 specifically relieved by federal or state law, or unless specifically relieved by the City Council at the time an assignment or transfer is approved. SECTION 18. TERNIINATION. (a) The City may cancel the franchise conferred by this ordinance at any time prior to its expiration date upon a finding, made after thirty (30) days written notice to Company of the proposed cancellation and public hearing, that the Company has failed to cure one or more of the following defects, which shall be specifically set forth in such written notice, during a sixty (60) day period following written notice by the City Council to the Company of such a defect: 1 Material breach, whether by act or omission, of any terms or conditions of this franchise ordinance; 2. Material misrepresentation of fact in the application for or negotiation of the franchise; or, 3. Failure to provide subscribers or users with reasonably satisfactory service. (b) After proper notice, the City Council shall schedule a public hearing in a manner consistent with either state law or in a manner approved by the City Council. At the time of the hearing, the Company may present information on the current status of all of the alleged breach of the franchise terms. If the situation has been resolved or steps are being taken to resolve the situation, then the Company should present the information at the hearing. If the Company fails to attend the public hearing and has not requested a continuance of the hearing, which continuance will not be unreasonably withheld, then Company shall be deemed to have waived its right to further continuation of the matter and may be declared in default of the franchise. After the public hearing, the City Council may determine the Company to be in compliance and dismiss the matter or may determine that Company has cured any non - compliance and thereby dismiss the matter. However, the City Council may determine that an ordinance violation exists and remains uncured. Consequently upon a finding that the Company violated an integral ordinance provision or failed to cure an outstanding ordinance violation, the City Council may direct the Company to 15 take corrective action within a specified period of time or may declare such Company in default of the franchise and thereby may revoke, terminate or cancel the franchise unless Company presents sufficient mitigating circumstances. If the City Council directs corrective action to take place within a specified time or declares such Company in default of the franchise, then that declaration shall be reduced to writing and the notice of corrective action or default shall be mailed to Company within 15 days of the City Council's action. If, within 45 days after notice is delivered to Company, Company does not take significant action to rectify the breach or submit a plan detailing how Company will eliminate the breach, then Council shall have the option to revoke the franchise and shall notify the Company forthwith unless there are mitigating circumstances. SECTION 17. SEPARABILITY. If any section, subsection, sentence, clause, phrase, or portion of this franchise shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction or by any regulating authority with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof; provided, however, that the rates as set forth herein are dependent upon each other and, in the event that any of such rates are determined by a court of competent jurisdiction to be invalid, then all rates established hereunder shall be subject to renegotiations. SECTION 18. All ordinances or portions of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 19. That this Ordinance shall be published in pamphlet form as provided by the Statutes of the State of Nebraska and shall be in full force and effect from and after its passage, approval and publication as provided by law. 16 PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002. NDA R. TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) 17 CITY OF BLAIR, NEBRASKA 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 22nd day of November, 2002. rl/ BRENDA R. TAYLOR, CITj� LE . ORDINANCE NO. 1965 AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO HUNTEL CABLEVISION, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS TO OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF BLAIR, NEBRASKA, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING FOR CITY REGULATION AND USE OF THE CABLE TELEVISION SYSTEM, 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 THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. DEFINITIONS. For the purpose of this ordinance, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. (a) CITY shall mean the City of BLAIR. (b) CITY COUNCIL shall mean the governing body of the City. (c) COMPANY shall mean HunTel CableVision, Inc., or its assigns. (d) PERSON shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (e) FRANCHISE AREA shall mean that area within the corporate limits of the City. (f) STREET shall mean the surface of and the space above and below any public street, right of way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, communications or utility easement, now or hereafter existing as such within the franchise area. (g) PROPERTY OF COMPANY shall mean all property owned, installed or used by the Company in the conduct of a CATV business in the City. (h) CATV shall mean a cable television system as hereinafter defined. (i) CABLE TELEVISION SYSTEM shall have the same definition of that included in the Telecommunications Act and includes, without limitation, antenna, cable wires, lines, towers, wave guides, or any other conductors, converters, equipment 1 or facilities, designed, constructed, or wired or the purpose of producing, receiving, amplifying, and distributing by coaxial cable audio and/or visual radio, television, electronics or electrical signals to and from persons, subscribers, and locations in the franchise area. (j) BASIC CATV SERVICE shall mean the simultaneous delivery by the Company to television receivers of all subscribers in the Franchise Area of all signals of over the air television broadcasters and public, educational, or governmental television access facilities required by the FCC to be carried by a cable television system as defined hereinabove. Basic CATV service shall also include additional television channels including original television cablecast programming at the option of the Company. (k) ADDITIONAL SERVICE shall mean any communications service other than basic service provided over its cable television system by the Company directly or as a carrier for its subsidiaries, affiliates, or any other person engaged in communications services including but not limited to satellite distributed programming, burglar alarm, data, or any other electronic intelligence transmission, facsimile reproduction, meter reading, and home shopping. (1) PAY TELEVISION SERVICE shall mean the simultaneous delivery by the Company to television receivers over the cable television system of audio -video signals in intelligible form to subscribers for a fee or charge (over and above the charge for basic CATV service) on a per program, per channel, or other subscription basis. (m) SUBSCRIBER shall mean any person or entity receiving basic CATV service. (n) GROSS ANNUAL SUBSCRIBER REVENUES shall mean all compensation and other consideration received directly by the Company from subscribers in payment for regularly furnished basic CATV, Pay Television service, advertising, leased channels and installations. Gross Annual Subscriber Revenue shall not include the following, to -wit: (i) any taxes on services furnished by the Company imposed directly on any subscriber or user by any City, state, or other governmental unit and collected by the Company for such governmental unit, or, (ii) revenue from additional service nor from auxiliary services which include but are not limited to Internet, telecommunications, and all other telecommunications services not specifically described above. (o) NATURAL OCCURRENCE shall mean an act occasioned exclusively by violence of nature without the interference of any human agency. It means a natural necessity proceeding from physical causes alone, without the intervention of man. It is an act, event, happening, inevitable accident, or disaster; a natural and inevitable occurrence which implies entire exclusion of all human agency which operates without interference from man and which results from natural causes and 2 is in no sense attributable to human agency. It is an accident which could not have been occasioned by human agency, but proceeded from physicals causes alone. DROP shall mean a wire or cable that connects each building to the main (trunk) cable. TELECOMMUNICATIONS ACT shall mean the Telecommunications Act of 1996, as amended from time to time and located in Title 47, Chapter I, Part 76 of the Code of Federal Regulations. SECTION 2. GRANT OF AUTHORITY. Whereas, the City has approved the legal, character, financial, technical, and other qualifications of the Company and the adequacy and feasibility of the Company's construction arrangements as part of a full public proceeding affording due process, there is hereby granted by the City to the Company the nonexclusive right and privilege to engage in the business of operating and providing a cable television system in the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public way and public place, now laid out or dedicated and all extensions thereof and additions thereto in the franchise area such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms, or corporations including but not limited to any public utility or other grantee franchised or permitted to do business in the City. SECTION 3. TERM OF FRANCHISE. (a) The franchise and rights herein granted shall continue in force and effect for a term of ten (10) years after the effective date of this franchise. The franchise may be renewed for an additional ten (10) year period following a public proceeding affording due process. The franchise shall be renewed at the request of Company, if the Company's performance has been satisfactory. Such approval shall not be unreasonably withheld. 3 SECTION 4. CONDITIONS OF STREET OCCUPANCY. (a) All transmission and distribution structures, lines, and equipment erected by the Company within the franchise area shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said street or other public ways and places. The cable television system shall be constructed, repaired, and operated in compliance with all current City, State, and National construction and electrical codes. The Company shall install and maintain its wires, cables, fixtures, and other equipment in such manner that they will minimize any interference with any installations of the City or of a public utility serving the City. (b) The Company shall not open or disturb the surface of any alley, street, sidewalk, driveway, or public place for any purpose without first having obtained a permit to do so in a manner provided by City ordinance. Company shall not unnecessarily interfere with the use of any alley, street, sidewalk, driveway or public place and, where the paving or surface of any alley, street, sidewalk, driveway or public place is disturbed, Company, at its own expense and in a manner satisfactory to the authorized representatives of the City, shall replace such paving or surface in as good condition as before such work was commenced. (c) The . Company shall, at its expense, protect, support, temporarily disconnect, relocated in the same street or other public place, or remove from the street or other public place, any property of the Company when required by the City by reason of traffic conditions, public safety, street vacation, street construction, change of establishment of street grade, installation of sewer, drains, water pipes, City owned power or signal lights or any other type of structure or improvement by public agency. (d) All wires, conduits, cables and other property and facilities of the Company shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the alleys, streets or public places of the City. The Company shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City. The Company shall not place poles or other 4 equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric, or telephone fixtures, or with any water hydrants or mains. (e) All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled, with due respect for engineering and safety consideration. All installations shall be underground except in those areas where hard surface alleys interfere with the installation of the facilities. (f) The City shall give the Company reasonable notice of plans for street improvement where paving or resurfacing of a permanent nature is involved. The notice shall give the Company sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Company to maintain continuity of service. (g) In case of disturbance of any street, public way, or paved area, the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, public way or paved area in as good a condition as before the work involving such disturbance was done. (h) Any poles or other fixtures placed in any public way by the Company shall be placed in such manner as not to interfere with the usual travel on such public way. (i) The City shall have the right to make additional use, for any public or municipal purpose, of any conduits controlled or maintained exclusively by or for Company in any street or alley, provided such use by City does not interfere with the use by Company and City agrees to pay commercially reasonable compensation for such usage. The City shall indemnify and hold harmless Company against and from any and all claims, demands, causes of actions, actions, suits, proceedings, rinmages, and costs of liabilities of every kind and nature whatsoever arising out of such use of Company's poles or conduits. 5 SECTION 5. SAFETY REOUIREMENTS. (a) The Company shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) All structures and all lines, equipment and connection in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, wherever situated or located shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. SECTION 6. PUBLIC BUILDING CONNECTION/LOCAL ORIGINATION PROGRAMMING. (a) The Company shall provide one free drop at the following public buildings: (1) City Hall; (2) Fire Hall on Lincoln Street; (3) Fire Hall on Nebraska Street; (4) Police Department Building; and (5) Public Library Building as long as a trunk cable is within 150 feet of the building and accessible via public right of way. (b) No monthly charges shall be made to City for providing basic CATV service to the buildings listed above. (c) In addition, Company will activate, at its cost, a Basic CATV service channel to be available for one governmental and one educational local origination programming. Company will provide a character generator connection at City Hall (all other local origination equipment to be provided by City, at its expense). SECTION 7. SYSTEM CONSTRUCTION AND EXTENSION. (a) Company, whenever it shall receive a request for service from at least ten (10) subscribers within 1,000 feet of its trunk cable, shall extend its system to such subscribers at no 6 cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible. The 1,000 feet shall be measured in extension length of Company's cable required for service located within the public way and shall not include length of necessary service drop to the subscriber's home or premises. (b) No person, firm, or corporation in the Company's service area shall be arbitrarily refused service. However, in recognition of the capital costs involved for unusual circumstances such as requirement for underground cable, more than 150 feet of distance from distribution cable to connection of service to a subscribers, or a density of less than ten (10) subscribers per 1,000 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated area, service may be made available on the basis of cost of materials, labor, and easements. (c) In the event additional adjacent territory is incorporated within the City's limits by annexation or otherwise, Company's rights and duties under this Ordinance shall be deemed to include such additional territory. (d) Company shall maintain a minimum capability of this CATV system of not less than thirty -seven (37) channels. SECTION 8. OPERATIONAL STANDARDS. (a) The Company shall operate and maintain its cable television system in full compliance with the standards set forth by the Federal Communications Commission. (b) At any time that Company (in furtherance of its right to construct, operate and maintain the cable television system) disturbs a yard, residence or other real or personal property, such Company shall insure that the yard, residence or other personal property is returned, replaced and/or restored to a condition that is sufficiently comparable to the condition that existed prior to the commencement of the work. The cost associated with both the disturbance and the return, replacement and/or restoration shall be borne by the Company. The requirements imposed 7 upon Company extend to any subcontractor or independent contractor the Company might employ to perform the tasks set forth hereinabove. (c) The Company shall abide by any and all applicable subscriber privacy rules and regulations of the federal and state governments. SECTION 9. LOCAL OFFICE: COMPLAINTS. (a) The Company shall maintain a business office or agent which subscribers may telephone twenty -four (24) hours per day, seven days per week, without incurring added message or toll charges. (b) Company shall respond within twenty -four (24) hours after receipt of a complaint. Should a subscriber have an unresolved complaint regarding the quality of cable television service, equipment malfunctions, or similar matters, the subscriber shall be entitled to meet jointly with an appropriate representative of the City and a representative of the Company within thirty (30) days to fully discuss and resolve such matters. (c) Company shall maintain written logs or electronic data listing the day and time of subscriber complaints, identifying the subscriber, and describing the nature of the complaint and when and what action was taken by Company. Company shall provide City with the subscriber complaint information on a monthly basis. This information shall be maintained for three (3) years. (d) Company shall provide a subscriber with credit or a rebate for service outage or interruption exceeding twenty -four (24) hours in duration, to be calculated on a pro rata basis. No credit or rebate shall required where the outage was due to natural occurrences beyond the direct control of the Company, so long as Company shall use reasonable diligence in making all repairs or replacements in a timely and workmanlike manner. SECTION 10. RATES. The Company has on file with the City a schedule of tariffs which shall include all fees, charges, and rates to be charged to subscribers. If any of said fees, charges, or rates are changed, the Company shall notify the City of said changes in writing at least thirty (30) days before said changes take effect. 8 At the time of the adoption of this ordinance, the City chooses not to become involved in the rate making process, believing that supply and demand will be effective rate control. However, the City reserves the right to become involved in the rate making process and to approve or disapprove proposed rates subject to the terms and provisions of the Telecommunications Act, as amended. SECTION 11. PREFERENTIAL OR DISCRIMINATION PRACTICES PROHIBITED. The Company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled and provided further that connection and service charges may be waived or modified during promotional campaigns of Company. SECTION 12. FRANCHISE PAYMENTS. (a) The Company shall pay to City a five percent (5 %) franchise fee based on the gross annual subscriber revenue received for cable television system in the franchise area. The fee shall be paid on a semi - annual basis with payments to be made on or before August 30 and on or before February 28 of each calendar year. No other fee, charge or consideration shall be imposed. Sales tax or other taxes levied directly on a per subscription basis and collected by the Company shall . be deducted from the gross service revenues before computation of sums due the City is made. The Company shall provide a semi annual summary report showing gross revenues received during the six months preceding the due date of each semi annual franchise fee payment. (b) Company shall keep complete and accurate books of accounts and records of the business and operations under and in connection with the cable television system. The duly authorized representative of the City Council shall have the right to review all records pertaining to gross annual subscriber revenues. Non - revenue financial records will only be requested in the aggregate on a summary prepared by the cable operator. City acknowledges the sensitivity of 9 these records and will request this information only on an "as needed" basis and will treat this information as confidential and proprietary to the fullest extent as allowed by law. The City Council shall have the right to hire, at its own expense, an independent certified public accountant or other business or financial expert to review the books and records of Company. If after a financial audit it is determined that the Company provider has underpaid amounts owed to the City by more than two percent (2 %) annually, then Company shall reimburse City for the actual cost of the audit. A false entry into the books and/or records of Company made by Company of a material and substantial fact shall constitute a material violation of this Ordinance. Erroneous entries shall not constitute a material violation if made in good faith. SECTION 13. INDEMNIFICATION OF CITY. (a) The Company shall at all times protect and hold harmless the City from all claims, actions, suits, liability, loss, expense, or damages of every kind and description, including investigation costs, court costs, and attorney's fees, which may accrue to or be suffered or claims by any person or persons arising out of the negligence of the Company in the ownership, construction, repair, replacement, maintenance, and operation of said cable television system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of said system provided further that City shall give Company prompt notice of such claim and Company reserves the right to defend and settle such claim. (b) The Company shall secure and maintain, for so long as it owns and operates a cable television system within the City, public liability, property damage insurance and umbrella coverage in at least the following amounts: 1. Public liability and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) per event/per occurrence. 2. Umbrella liability shall be in the amount of Two Million Dollars with no more than a Fifty Thousand Dollar ($50,000.00) deductible and/or base insurance. Company's provider of public and personal 1 0 liability and property damage insurance shall specifically include the City, the Mayor, the City Council, their officials, agents, employees or representatives as additional named insured. Furthermore, the public and personal liability and property damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the State of Nebraska and which has one of the three highest and best ratings from the AM Best Company and which is reasonably acceptable to City. The public liability and property damage insurance policy shall contain an endorsement obligating the insurance company to furnish the City Administrator for City with at least thirty (30) days written notice in advance of cancellation of the insurance. Renewal or replacement policies or certificates shall be delivered to the City Administrator for City at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. Company shall provide City with a certificate of insurance on an annual basis evidencing that all of the insurance requirements set forth above have been complied with. SECTION 14. SYSTEM REVIEW. In recognition of the fact that a great many technical, financial, marketing, and legal uncertainties are associated with all aspects of cable communications at the present time, it is the intent of the City to provide for a maximum feasible degree of flexibility in this franchise throughout its term to achieve and advance a modem system for the City. The principal means for accomplishing this flexibility will be the annual scheduled review session provided for in this franchise. It is intended that such review session will serve as a means of cooperatively working out solutions to problems that develop. The City Council and the Company will hold, at the option of City, scheduled review sessions each calendar year during the term of this franchise. 11 SECTION 15. REPORTS BY COMPANY. No later than ninety days after the close of Company's fiscal year, the Company shall submit a written report to the City or the City's representative, including: (a) a summary of the previous year's activities and development of the system, . including, but not limited to, services initiated or terminated, subscriber's gain or loss, beginning number and ending number of subscriber's to system; (b) financial statements and information as set forth in Section 12; (c) a summary of complaints, identifying the number and nature of complaints and their disposition; (d) a list of officers and members of the board of directors of the company and parent corporation; (e) a list containing the names and addresses of all stockholders holding 5% or more of the voting stock of the company and the parent corporation; (f) a report on such other topics as may be requested by the City at least ninety days in advance. The City shall have the right to inspect the company's books and records pertaining to any issues subject to this franchise at all reasonable times upon reasonable notice to Company. SECTION 16. CITY COUNCIL POLICY WITH RESPECT TO SAFETY REOUIREMENTS: (a) Company shall construct, operate and maintain the cable television system in a safe manner and shall comply with all applicable building codes, electrical codes and, at a minimum, all of the safety and other regulations set forth in the Telecommunications Act. (b) In order that subscribers may be alerted in the event of an impending, imminent or actual, natural or manmade emergency, Company shall insure that the cable television system is designed so as to permit and authorize official of the City to override or cause to be overridden the audio portion of all channels by touch tone telephone (or functional equivalent) from any location. Company shall provide, at a minimum, the emergency alert system which is required under the Telecommunications Act. Furthermore, Company shall provide the necessary training • and education to representatives of City, including administrative staff and emergency personnel, in regard to the activation and usage of the emergency alert system, including but not limited to the process by which City can override or cause to be overridden the audio portion of all channels 12 by touch tone telephone (or its functional equivalent). The Company's obligation to train and education City personnel shall be done at all such times as is reasonably requested by City. "(c) As one method of providing continuity of multi - channel services in the event of a natural or manmade emergency, Company shall have a sufficient number of portable electric generators available to be activated within a reasonable period of time to serve as standby power for all power supplies on all trunk and feeder cables, and all headends, hubs and receive sites associated with the distribution of the cable service to and throughout the City. (d) It shall be the duty of Company to devise and implement a periodic preventative maintenance program for the cable television system in order to insure that there is no material degradation of the cable television system that would affect the citizens' health, safety and welfare or negatively affect the quality of the cable television system being provided. Although not exhaustive, the following areas should be included in a preventative maintenance program and subsequent report to be made to the Council detailing the results of the test conducted if such individual reports are requested by City: 1. Inspection repair, if needed at the headend; 2. Inspection repair, if needed of the antenna tower; 3. Requiring weatherproofing and protection of the antenna, lead connectors and any other exposed fittings; 4. Requiring the conducting of signal leakage tests that are in accord with the FCC requirements; 5. Requiring the periodic servicing, testing and calibration of the Company's equipment including equipment on service vehicles and field test equipment; 6. Company shall, in a timely manner, comply with all proof of performance testing as required by the Telecommunications Act and the industry standards for comparably sized cable television systems. 7. Testing of the emergency alert system to ensure that it will function properly during emergency situations; and 13 SECTION 17. ASSIGNMENT OR TRANSFER OF FRANCHISE. (a) City reserves all rights granted to it pursuant to the Telecommunications Act to approve or disapprove the assignment or transfer in whole or in part, the Company's franchise. At least 60 days before a proposed assignment or transfer of the cable television franchise granted hereunder, Company shall request in writing with the City Council's written consent for such a proposed assignment or transfer. The City Council will not unreasonably withhold its consent to such an assignment or transfer. However, in making such a determination, the City Council may consider the following: 1. Experience of proposed assignee or transferee (including conducting investigation of proposed assignee or transferee service record in other communities); 2. Qualifications of proposed assignee or transferee; 3. Legal integrity of proposed assignee or transferee; 4. Financial ability and stability of the proposed assignee and transferee; 5. If requested by City Council, submittals from the proposed assignee or transferee on what, if any, changes it intends to make in the operation and maintenance of the present cable television system; 6. The economic viability or nonviability of the cable television system in the future based upon certain factors including the impact of the purchase price on the City, and/or the proposed assignee or transferee; and 7. Any other legitimate aspect of the proposed assignee's or transferee's background which could affect the health, safety and welfare of the citizenry of the City as it relates to the operation of the cable television system. (b) Before an assignment or transfer is approved by the City Council, the proposed assignee or transferee shall execute an agreement acknowledging that it has read, understood and intends to abide by both this ordinance and the applicable franchise agreement. (c) An assignment or transfer shall not relieve the former franchise holder of its liabilities under the franchise agreement until the assignment actually takes place or unless 14 specifically relieved by federal or state law, or unless specifically relieved by the City Council at the time an assignment or transfer is approved. SECTION 18. TERMINATION. (a) The City may cancel the franchise conferred by this ordinance at any time prior to its expiration date upon a finding, made after thirty (30) days written notice to Company of the proposed cancellation and public hearing, that the Company has failed to cure one or more of the following defects, which shall be specifically set forth in such written notice, during a sixty (60) day period following written notice by the City Council to the Company of such a defect: 1 Material breach, whether by act or omission, of any terms or conditions of this franchise ordinance; 2. Material misrepresentation of fact in the application for or negotiation of the franchise; or, 3. Failure to provide subscribers or users with reasonably satisfactory service. (b) After proper notice, the City Council shall schedule a public hearing in a manner consistent with either state law or in a manner approved by the City Council. At the time of the hearing, the Company may present information on the current status of all of the alleged breach of the franchise terms. If the situation has been resolved or steps are being taken to resolve the situation, then the Company should present the information at the hearing. If the Company fails to attend the public hearing and has not requested a continuance of the hearing, which continuance will not be unreasonably withheld, then Company shall be deemed to have waived its right to further continuation of the matter and may be declared in default of the franchise. After the public hearing, the City Council may determine the Company to be in compliance and dismiss the matter or may determine that Company has cured any non - compliance and thereby dismiss the matter. However, the City Council may determine that an ordinance violation exists and remains uncured. Consequently upon a finding that the Company violated an integral ordinance provision or failed to cure an outstanding ordinance violation, the City Council may direct the Company to 15 take corrective action within a specified period of time or may declare such Company in default of the franchise and thereby may revoke, terminate or cancel the franchise unless Company presents sufficient mitigating circumstances. If the City Council directs corrective action to take place within a specified time or declares such Company in default of the franchise, then that declaration shall be reduced to writing and the notice of corrective action or default shall be mailed to Company within 15 days of the City Council's action. If, within 45 days after notice is delivered to Company, Company does not take significant action to rectify the breach or submit a plan detailing how Company will eliminate the breach, then Council shall have the option to revoke the franchise and shall notify the Company forthwith unless there are mitigating circumstances. SECTION 17. SEPARABILITY. If any section, subsection, sentence, clause, phrase, or portion of this franchise shall for any reason be held invalid or unconstitutional by any court of competent jurisdiction or by any regulating authority with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof; provided, however, that the rates as set forth herein are dependent upon each other and, in the event that any of such rates are determined by a court of competent jurisdiction to be invalid, then all rates established hereunder shall be subject to renegotiations. SECTION 18. All ordinances or portions of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 19. That this Ordinance shall be published in pamphlet form as provided by the Statutes of the State of Nebraska and shall be in full force and effect from and after its passage, approval and publication as provided by law. 16 ATTE _T: PASSED AND APPROVED THIS 12TH DAY OF NOVEMBER, 2002. CITY OF BLAIR, NEBRASKA MICHAEL A. 1 S, Mayor BRENDA R. TAYLOITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNT ) 17 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 22nd day of November, 2002. 4/(1/ BRENDA R. TAYLOR, C CLERK. ORDINANCE NO. 1966 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ADOPT AND IMPOSE A SALES AND USE TAX EFFECTIVE ON AND AFTER APRIL 1, 2003 OF ONE -HALF PERCENT UPON THE SAME TRANSACTION WITHIN THE CORPORATE LIMITS OF THE CITY OF BLAIR ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO IMPOSE SUCH A TAX PURSUANT TO THE PROVISIONS OF THE NEBRASKA REVENUE ACT OF 1967 AS AMENDED AND THE LOCAL OPTION REVENUE ACT AS AMENDED; TO PROVIDE FOR THE ADMINISTRATION, ASSESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSITION OF SUCH SALES AND USE TAX; 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 pursuant to the approval of the electors of the City of Blair, Nebraska, at the election held on November 5, 2002, there is hereby adopted and imposed pursuant to Section 77 -2701, et seq. R.R.S. Neb. known as the Nebraska Revenue Act of 1967, as amended, and Section 77- 27,142, et seq. R.R.S. Neb. known as the Local Option Revenue Act, as amended, a sales and use tax effective on and after April 1, 2003 of one -half percent (.5 %) upon the same transactions within the corporate limits of the City of Blair, Washington County, Nebraska on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the State of Nebraska as the same may be from time to time amended. SECTION 2. That said sales and use tax adopted and imposed herein shall terminate on September 30, 2005, unless an extension thereof is approved pursuant to the requirements of said Local Option Revenue Act. SECTION 3. The administration of the sales and use tax imposed by this Ordinance, the making of returns for the ascertainment and assessment thereof, the provisions for tax claims and remedies, the laws governing consummation of sales, penalties, and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by Section 77 -2701 et seq. R.R.S. Neb. and Section 77- 27,142 et seq., as amended, or as otherwise provided under Nebraska Law. SECTION 4. All revenue collections from the imposition of the sales and use tax adopted 1 herein on the affected transactions within the corporate limits of the City of Blair, Nebraska, and any interest accruing on same shall be used only for the purposes of funding, construction and repair of the Blair Police Department within the City of Blair, Nebraska, and maintenance costs associated therewith. SECTION 5. That the priorities of the specific projects to be funded with the remaining proceeds, if any, of the one -half percent (.5 %) City sales and use tax shall be used for property tax relief. 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. PASSED AND APPROVED this 26th day of November, 2002. ATTEST (SEAL) BRENDA R. TAYLOR, C *! CLERK STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) MICITAEL A. MINES, MAYOR 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 26th day of November, 2002. 7ey/L BRENDA R. TAYLOR, CITY 2 ORDINANCE NO. 1 967 AN ORDINANCE AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF ONE MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS ($1,320,000) FOR THE PURPOSE OF PAYING AND REDEEMING $490,000 OF THE CITY'S OUTSTANDING GENERAL OBLIGATION VARIOUS PURPOSE BONDS, SERIES 1997, DATE OF ORIGINAL ISSUE - JUNE 15, 1997; PAYING THE COSTS OF IMPROVING STREETS AND INTERSECTIONS IN STREET IMPROVEMENT DISTRICT NOS. 177 AND 179; PAYING THE COST OF STREET IMPROVEMENTS IN GAP PAVING DISTRICT NO. 178; PAYING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT NOS. 38 AND 39; PAYING THE COSTS OF SEWER IMPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS. 57 AND 58; 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 City Council hereby find and determine that there have been heretofore issued and are now outstanding and unpaid valid and interest bearing bonds of the City of Blair, Nebraska, as follows: General Obligation Various Purpose Bonds, Series 1997, of the City of Blair, Nebraska, date of original issue - June 15, 1997, in the principal amount of Four Hundred Ninety Thousand Dollars ($490,000), numbered as shown on the books of the Paying Agent and Registrar, in denomination of $5,000 each, or integral multiples, becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate CUSIP No. $ 60,000 June 15, 2003 4.95% 093005 CN 4 60,000 June 15, 2004 5.00 093005 CP 9 65,000 June 15, 2005 5.05 093005 CQ 7 65,000 June 15, 2006 5.10 093005 CR 5 70,000 June 15, 2007 5.15 093005 CS 3 30,000 June 15, 2008 5.25 093005 CT 1 30,000 June 15, 2009 5.35 093005 CU 8 35,000 June 15, 2010 5.40 093005 CV 6 35,000 June 15, 2011 5.45 093005 CW 4 40,000 June 15, 2012 5.50 093005 CX 2 Said bonds are herein referred to as the "Refunded Bonds." The Refunded Bonds are valid interest- bearing obligations of the City of Blair, and said Refunded Bonds have been called for redemption on December 30, 2002; that since the Refunded Bonds were issued, the rates of interest have so declined in the markets that by taking up and paying off said bonds on said call date, a substantial savings in the amount of yearly running interest will be made to the City; that for the purpose of making said redemption, it is for the best interest of the City to issue refunding bonds of the City in the principal amount of $490,000, pursuant to Section 10 -142, Reissue Revised Statutes of Nebraska, 1997, and all laws amendatory thereof or supplementary thereto, and that all conditions for the issuance of such refunding bonds do exist and have been done as required by law. Section 2. The Mayor and Council hereby find and determine: that pursuant to ordinances heretofore duly enacted, Street Improvement District Nos. 177 and 179 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 $617,200.98, of which $362,046.23 is attributable to the cost of improving streets, avenues or alleys in such districts exclusive of intersections, and $255,154.75 is attributable to 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 costs attributable to streets, avenues or alleys exclusive of intersections not less than -2- $310,000.00 and on the costs attributable to intersections not less than $215,000.00; 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 $215,000.00 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 $310,000.00 pursuant to Section 16 -623 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 resolution heretofore duly adopted, Gap Paving District No. 178 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 portions improved do not exceed two blocks including intersections or 1,325 feet, whichever is the lesser, together with improved streets or alleys which intersect a paved street for a distance of not to exceed one block on either side of such paved street; that the cost of said improvements, as reported by the City's Engineer is not less than $64,817.54; 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 011 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 $50,000.00; 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 $50,000.00 pursuant to Section 18 -2003 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 Sanitary Sewer Extension District Nos. 57 and 58 were created for said City -3- 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 $200,547.57; that in addition, the City has incurred additional costs for interest on warrants and other indebtedness and miscellaneous expenses in connection with 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 special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $150,00000; 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 $150,000.00 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 further find and determine: that pursuant to ordinances duly enacted Water Extension District Nos. 38 and 39 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 $137,939.27; that in addition, the City has incurred additional costs for interest on warrants and other indebtedness and miscellaneous expenses in connection with 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 special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $105,000.00; that all conditions, acts and things -4- 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 $105,000.00 pursuant to Section 19 -2405, R.R.S. Neb. 1997, do exist and have been done as required by law. Section 6. The Mayor and Council of the City of Blair, Nebraska, further find and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Blair, Nebraska, in the principal amount of One Million Three Hundred Twenty Thousand Dollars ($1,320,000) 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, 4 and 5 hereof do exist and have been done as required by law. Section 7. For the purposes described in Sections 1, 2, 3, 4 and 5, hereof, there shall be and there are hereby ordered issued Various Purpose Bonds, Series 2002, of the City of Blair, Nebraska, in the principal amount of One Million Three Hundred Twenty Thousand Dollars ($1,320,000) (the "Series 2002 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 June 15 of each year in the principal amounts as follows: Principal Interest Amount Date of Maturity Rate $ 35,000 June 15, 2003 1.60% 150,000 June 15, 2004 1.95 155,000 June 15, 2005 2.30 150,000 June 15, 2006 2.65 160,000 June 15, 2007 3.05 125,000 June 15, 2008 3.40 125,000 June 15, 2009 3.70 135,000 June 15, 2010 3.95 140,000 June 15, 2011 4.15 145,000 June 15, 2012 4.25 The Series 2002 Bonds shall be issued in fully registered form in the denomination of $5,000 or any -5- integral multiple thereof. The date of original issue for the Series 2002 Bonds shall be the date of delivery thereof. Interest on the Series 2002 Bonds, at the respective rates for each maturity, shall be payable on June 15, 2003 and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "Interest Payment Date ") and the Series 2002 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 9 hereof. The Series 2002 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 2002 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 2002 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 2002 Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 8 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 2002 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 8 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 2002 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 2002 Bond as the absolute owner of such Series 2002 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar -6- shall be affected by any notice or knowledge to the contrary, whether such Series 2002 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 2002 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 2002 Bonds or claims for interest to the extent of the sum or sums so paid. Section 8. The 'City Treasurer is hereby designated as the Paying Agent and Registrar for the Series 2002 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 2002 Bonds at the City offices. The names and registered addresses of the registered owner or owners of the Series 2002 Bonds shall at all times be recorded in such books. Any Series 2002 Bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Series 2002 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 2002 Bond or Series 2002 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 2002 Bonds by this Ordinance, one Series 2002 Bond may be transferred for several such Series 2002 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such Series 2002 Bonds may be transferred for one or several such Series 2002 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a -7- Series 2002 Bond, the surrendered Series 2002 Bond shall be canceled and destroyed. All Series -8- 2002 Bonds issued upon transfer of the Series 2002 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 2002 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 2002 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 2002 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Series 2002 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 9. In the event that payments of interest due on the Series 2002 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 2002 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 10. lithe date for payment of the principal of or interest on the Series 2002 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 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 11. Series 2002 Bonds maturing June 15, 2008, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after December 15, 2007, at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Series 2002 Bonds to be redeemed in its sole discretion but the Series 2002 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 2002 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 2002 Bonds evidencing the unredeemed principal thereof. Notice ofredemption of any Series 2002 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 2002 Bond at said owner's registered address. Such notice shall designate the Series 2002 Bond or Series 2002 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 2002 Bond or Series 2002 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 2002 Bond partially redeemed, such notice shall specify the portion of the principal amount of such Series 2002 Bond to be redeemed. No defect in the mailing of notice for any Series 2002 Bond shall affect the sufficiency of the proceedings of the City designating the Series 2002 Bonds called for redemption or the effectiveness of such call for Series 2002 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 2002 Bond for which defective notice has been given. Section 12. The Series 2002 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 2002 No. $ Interest Rate Registered Owner: Principal Amount: Maturity Date Date of Orin inal Issue Cusiu No. June 15, . 2002 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 June 15, 2003, and semiannually thereafter on December 15 and June 15 of each year (each of said dates an "Interest Payment Date "). Said interest shall be computed on the basis of a 360 -day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and 'interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of One Million Three Hundred Twenty Thousand Dollars ($1,320,000), 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 and redeeming $490,000 of the City's outstanding General Obligation Various -10- Dollars ($ ) Purpose Bonds, Series 1997, date of original issue - June 15, 1997; 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. 177 and 179; paying the cost of street improvements in Gap Paving District No. 178; paying the cost of water improvements in Water Extension District Nos. 38 and 39; paying the costs of sewer improvements in Sanitary Sewer Extension District Nos. 57 and 58, all in strict compliance with Sections 10 -142, 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 June 15, 2008, and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after December 15, 2007, 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 CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond and in the issuance of the bonds refunded hereby 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 and the bonds refunded hereby, 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 amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal of and interest on said bonds as the same become due. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK - ENTRY -ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC "), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. 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) -12- CITY OF BLAIR, NEBRASKA Mayor CER MCATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. (Form of Assignment) Dated: -13- 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) Signature Guaranteed By Authorized Officer(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange: Section 13. Each of the Series 2002 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 2002 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 may be 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 2002 Bonds. With respect to the issuance of the Series 2002 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 2002 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a Series 2002 Bond from a Bond Participant while the Series 2002 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 2002 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 2002 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 2002 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 2002 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 2002 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. -14- (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 2002 Bonds requested by the Depository in ap 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 2002 Bonds or (ii) to make available Series 2002 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 2002 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 2002 Bonds be delivered to the ultimate beneficial owners of the Series 2002 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 2002 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 2002 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 2002 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 2002 Bond and all notices with respect to such Series 2002 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 2002 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 2002 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). (f) In the event of any partial redemption of a Series 2002 Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the Series 2002 Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository resigns and is not replaced, the City shall immediately -15- provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. In case any officer whose signature or facsimile thereof shall appear on any Series 2002 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 2002 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The Series 2002 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration and authentication of the Series 2002 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 98.5% of the principal amount of the Series 2002 Bonds plus accrued interest thereon to date of payment for the Series 2002 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 2002 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 2002 Bonds which shall be delivered to said purchaser. -16- Section 14. The proceeds of the Series 2002 Bonds shall be applied to the payment of costs as described in Sections 1, 2, 3, 4 and 5 hereof, and to pay issuance costs. Accrued interest received from the sale of the Series 2002 Bonds, if any, shall be applied to pay interest falling due on said Series 2002 Bonds on June 15, 2003. Expenses of issuance of the Series 2002 Bonds may be paid from the proceeds of the Series 2002 Bonds. Section 15. The special assessments levied and to be levied as described in Sections 2, 3, 4 and 5 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 2002 Bonds. The holders of the Series 2002 Bonds shall, to the extent proceeds of the Series 2002 Bonds are allocated to payment of the Refunded Bonds, be subrogated to all rights of the holders of the Refunded Bonds including the right to have special assessments set aside as a sinking fund for the payment of principal thereof and interest thereon, from and after their payment and redemption on December 30, 2002. 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 othor 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 2002 Bonds when and as such principal and interest become due. Section 16. The City hereby covenants to the purchasers and holders of the Series 2002 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 2002 Bonds, which would cause the Series 2002 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 -17- 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 2002 Bonds. The City hereby designates the Series 2002 Bonds as its "qualified tax- exempt obligations" pursuant to Section 265(b)(3)(B)(i)(111) of the Code and covenants and warrants that it does not reasonably expect to issue tax- exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 2002. Section 17. The City's obligations under this Ordinance with respect to any or all of the Series 2002 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 2002 Bonds and any such Series 2002 Bond shall no longer be deemed to be outstanding hereunder if such Series 2002 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 and/or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations ") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 2002 Bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with such bank or trust company may be -18- 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 2002 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 18. 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: (I) 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 STAFEMENT" in the Official Statement for the Series 2002 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 fund types using the modified accrual basis of accounting and for proprietary and fiduciary funds using the accrual basis. (II) - in a timely manner to the Underwriter, to the Municipal Securities Rulemaking 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 2002 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non - payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties (there are no debt service reserves established for the Series 2002 Bonds under the terms of the Ordinance), -19- 4 (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the Series 2002 Bonds); (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the Series 2002 Bonds); (6) adverse tax opinions or events affecting the tax - exempt status of the Series 2002 Bonds, (7) modifications to rights of the bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale ofproperty securing repayment of the Series 2002 Bonds, and (11) rating changes (the Series 2002 Bonds are not rated and no rating for the Series 2002 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 18. The City hereby agrees that such covenants are for the benefit of the registered owners of the Series 2002 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or 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 Series 2002 Bonds remain outstanding. -20- Section 19. The Preliminary Official Statement is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any changes deemed appropriate by them. Section 20. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. Passed and approved this Z.(v day of AID Vem fei . 2002. Attest: ad A i i - /614 City Clerk v (SEAL)