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20032003 Ordinances 1968 Authorizing sale of Lots 50 -59 in Ridgeview Estates 4919 to American Homes, Inc. for $105,000.00 1969 Amend Municipal Code pertaining to Municipal Water 4923 definitions, water contract, installation procedures and repairs or water service lines 1970 Amend Municipal Code increasing the age for licensing 4925 a dog to 6 months and increase the fines for junk accumulation 1971 Annexing Real Estate passed on first reading 4931 passed on second reading 4936 final passage 4941 1972 Amending Zoning Ordinance pertaining to wireless 4932 telecommunication towers 1973 Amending Section 705 and 705(1)(b)3(b) of the Zoning 4941 Regulations regarding use of contiguous parcel agreements in reference to Lot Splits 1974 Authorizing sale of property to Roger Howland for 4942 12 Street installation 1975 Rezoning TL 92 in NE1 /4 NW % of S23- T18 -R11 for 4949 Robert Woodhouse along Highway 30 1976 Creating SID 181 — Boulder Ridge 4959 1977 Creating Water Ext District 41 — Boulder Ridge 4959 1978 Creating Sewer Ext District 60 — Boulder Ridge 4960 1979 Rezoning Tax Lot 94, S23- T18N -R11 for Don Adamson 4976 1980 Budget Statement and Annual Appropriation Bill 4983 1981 Setting and Fixing Compensation for Employees for 4984 FY 2003/2204 and 2004/2005 1982 Rezoning Tax Lot 253, S12- T18N -R11 (770 Washington) 4985 FAILED 1983 Rezoning Tax Lot 36, S7- T18N -R11 (271 River Road) 4985 1984 Increase Hotel tax from 4% to 7% 4988 1985 Vacating Alley in Block 34 between 14 Street and 13th 4992 Street 1986 Creating Water Extension District No. 42 4994 1987 Creating Sanitary Sewer Extension District No. 61 4994 1988 Amending Section 9 -103 of Municipal Code making the 5002 Blair Housing Board of Appeals the appeal body for Decisions made by the City of Blair Building Inspector 1989 Purchase of real estate — Tax Lot 63, S12- T18 -R11 5011 Ellen Epperson 1990 Purchase or real estate — TL 200, S12- T18 -R11 5014 Kevin Wehrli ORDINANCE NO. 1968 AN ORDINANCE AUTHORIZING THE SALE OF LOTS 50 -59, INCLUSIVE, IN RIDGEVIEW ESTATES, A SUBDIVISION IN THE CITY OF BLAIR, NEBRASKA FOR THE SUM OF $105,000.00; PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYER, AMERICAN HOMES, INC., A NEBRASKA CORPORATION, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW 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 American Homes, Inc., a Nebraska corporation, whereby the City agrees to sell the real estate described hereinabove for the sum of $105,000.00 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 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 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ATTEST: (SEAL) Passed and approved this 28t day of January, 2003. By: BRENDA R. TAYLO ity Clerk CITY OF BLAIR, NEBRASKA 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 28th day of January, 2003. C:\MyFiles\olm's Work\Blair, City of\ORDINANCES\SALE TO AMERICAN HOMES INC.wpd J� E. REALPH, MAYOR BRENDA R. TAYLOR, C PURCHASE AGREEMENT— Real Estate January 2.2, 2003 This Purchase Agreement made and entered into by and between The City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and American Homes, Inc., a Nebraska corporation, hereinafter referred to as `Buyer ". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. That Seller hereby agrees to sell and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property: Lots 50 -59, inclusive (10 lots) in Ridgeview Estates, a subdivision in the City of Blair, Washington County, Nebraska. 2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real property being purchased by the Buyer is in the sum of One Hundred Five Thousand Dollars ($105,000.00) to be paid in cash or certified funds at time of closing. 3. Right of Remonstrance: This Purchase Agreement is subject to the provision of Neb. Rev. Stat. § 16 -202. In the event a remonstrance has been duly filed pursuant to Neb. Rev. Stat. § 16 -202, then and in that event, this agreement shall terminate and be null and void. 4. Closing Date. The closing date for the transaction shall be within fourteen (14) days after the latter of: Nebraska. (a) Receipt by Buyer of the title insurance commitment required by this Agreement; and (b) Compliance with the requirements of Neb. Rev. Stat. § 16 -202 (Reissue of 1997). Closing shall occur at the office of John Samson, City Attomey for the City of Blair, 5. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, showing good and marketabletitle in Seller, and the policy of title surance shall be 'ssuPd by_said-title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this agreement. Seller and Buyer agree to equally divide the total cost of the title insurance premium. 6. Ouit Claim Deed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to be conveyed to Buyer all of Seller's right, title and interest in and to said real estate described hereinabove, by Quit Claim Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 7 of this Purchase Agreement. (b) Protective Covenants. Easements and Other Restrictions of Record. Protective covenants, easements and other restrictions recorded of record, and accepted by Buyer pursuant to Paragraph 5, hereinabove, including but not limited to the Declaration of Covenants described in Paragraph 14 hereinafter; and 7. Possession. Seller's tenant shall have exclusive possession of the property until date of closing. Any risk of loss to the property shall be borne by the Seller's tenant until title has been conveyed to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. Buyer shall assume all risk of loss from and after date of closing. 8. Specific Performance. It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that. this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Disclaimer of Warranties/Personal Inspection. Buyer acknowledges and agrees that it has inspected all property to be purchased pursuant to this agreement, is thoroughly familiar with its condition and accepts the property in its present condition, except as otherwise represented herein. The Buyer represents to Seller that Buyer knows, has examined and has investigated to the full satisfaction of Buyer, the physical nature and condition of the property and the improvements thereon and the fixxt rested appurtenances annexed thereto Ruyetacknowledges_thatthis offer is based solely upon the personal inspection of the property by the undersigned Buyer and neither Seller nor any agent, attorney, employee or representative of Seller has made any representations whatsoever regarding the subject matter of this sale or any part thereof including (without limiting 2 the generality of the foregoing) representations as to the physical nature or condition of the premises to be transferred to the Buyer hereunder, except as expressly set forth in this Agreement. Buyer agrees to take the premises and the property to be transferred hereunder "as is" as of the date of execution of this Agreement. 14. Other Terms of Agreement. (a) Buyers shall pay all documentary stamps as a result of the sale, if any. (b) Buyer agrees to pay all application fees, loan appraisals, origination fees, discount points, filing fees, or any other costs associated with Buyer's loan for said real estate, if any. (c) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. (d) Buyer shall pay the cost of publication of the Notice of Sale incurred by City in regard to the sale of this real estate (estimated cost $75.00). (e) Cost of escrow closing (in the amount of $300.00) is to be equally divided between Buyer and Seller. 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, or representatives. ATTEST: b BRENDA R. TAYLOITY CLERK 3 CITY OF BLAIR, NEBRASKA J . REALPH, MAYOR A MRR TC`, 4N WIMPS, INC a Nebras . F Co or on, J�.t 61- , President ORDINANCE NO. 1969 AN ORDINANCE AMENDING SECTION 3 -102 PERTAINING TO MUNICIPAL WATER DEFINITIONS, SECTION 3 -105 PERTAINING TO MUNICIPAL WATER; WATER CONTRACT; SECTION 3 -106 PERTAINING TO. INSTALLATION PROCEDURES, SECTION 3 -107 PERTAINING TO REPAIRS OF WATER SERVICE LINES AND SECTION 3 -108 PERTAINING TO INSTALLATION EXPENSES FOR WATER SERVICE LINES; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED; AND PROVIDING FOR THE EFFECTIVE DATE OF SUCH ORDINANCE WHEN PASSAGE AND PUBLICATION IS REQUIRED BY LAW. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 3 -102 of the Municipal Code of the City of Blair, Nebraska, is hereby amended as follows, to -wit: Sec. 3 -102 MUNICIPAL WATER: DEFINITIONS. The following definitions shall be applied throughout this Article. Where no definition is specified, the normal dictionary usage of the word shall apply. The definitions are as follows, to -wit: 1. CONSUMER. The term "consumer" is hereby defined to be any person, firm or entity who has entered into a water contract with the Municipality in which the Municipality agrees to furnish water to such person, firm or entity within the corporate limits of the Municipality. 2. MAIN. The term "main" is hereby defined to be any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing the same in the Municipality. 3. SUPPLY PIPE. The term "supply pipe" is hereby defined to be any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer's premise where the stop box is located. 4. STOP BOX. The term "stop box" is hereby defined to be the equipment which is installed at or near the lot line of the consumer's premise used for the purpose of shutting off the water supply to the consumer's premise. The term "stop box" is also commonly referred to as a shut -off, curb stop, or corporation stop. 5. SERVICE PIPE. The term "service pipe" is hereby defined to be any pipe extending from the stop box at or near the consumer's lot line to and beyond the lot line of the consumer to the locations on consumer's premise where the water is to be disbursed. 6. SEPARATE PREMISE. The term "separate premise" is hereby defined to be more than one (1) consumer procuring water from the same service or supply pipe. The second (2nd) premise may be a separate dwelling, apartment, building, or structure used for a separate business. SECTION 2. Section 3 -105 of the Municipal Code of the City of Blair, Nebraska, is hereby amended as follows, to -wit: Sec. 3 - 105 MUNICIPAL WATER: WATER CONTRACT. The Municipality through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a main now is or may hereafter be laid. The Municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which the main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the Municipality, as and when, according to law, the Governing Body may see fit to do so. The rules, regulations, and water rates hereinafter named in this Article, shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the Municipality, to which said contract both parties are bound. Notwithstanding any provision hereof, the Governing Body may from time to time as deemed necessary increase or decrease the rate charged the consumers. Such adjustment shall in no way affect the contract established hereby. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations, the Director of Public Works or his agent, may cut off or disconnect the water service from the building or premise or place of such violation in compliance with Section 3 -301. No further connection for water service to said building, premise, or place shall again be made without an order of said Director of his agent. SECTION 3. Section 3 -106 of the Municipal Code of the City of Blair, Nebraska, is hereby amended as follows, to -wit: Sec. 3 - 106 MUNICIPAL WATER: INSTALLATION PROCEDURE. In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes and supply pipes are laid, the public right of way, streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of forty -eight (48) hours or more, the Utilities Department may finish or correct the unfinished work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require inspection by the Building Inspector. The inspection shall be made before pipes are covered. It is the consumer's responsibility to notify the Building inspector at least 24 hours in advance of the time the work is ready for inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation approved by the Governing Body. (Ref. 16 -681 RS Neb.) SECTION 4. Section 3 -107 of the Municipal Code of the City of Blair, Nebraska, is hereby amended as follows, to -wit: Sec. 3 - 107 MUNICIPAL WATER: REPAIRS. Repairs to the service pipe and stop box shall be made by and at the expense of the consumer. Repairs to any supply pipe with a diameter of one and one half inches or less and the main shall be made by the Municipality. Repairs to any supply pipe with a diameter in excess of one and one half inches shall be made by and at the expense of the consumer. All water meters shall be kept in repair by the Municipality at the expense of the Municipality. When meters are worn out, they shall be replaced and reset by the Municipality at the expense of the Municipality; Provided, that if the consumer permits or allows a water meter to be damaged, injured, or destroyed through his own recklessness, carelessness, or neglect so that the water meter must be repaired or replaced, the Director of Public Works shall bill and collect from the consumer the cost of such meter repair or replacement in the same manner as water charges are collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the consumer. All water meters shall be tested at the consumer's request at the expense of the consumer a reasonable number of times; Provided, that if the test shows the water meter to be running two percent (2 %) or more fast, the expense of such test shall be borne by the Municipality. The Municipality reserves the right to test any water meter at any time. The Municipality shall have the right to replace the meter on the consumer's water service fixtures at Municipal expense. Should a consumer's meter fail to register properly, the consumer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; Provided, that if no such basis for comparison exists, the consumer shall be charged such amount as may be reasonably fixed by the Director of Public Works. (Ref. 16 -681 RS Neb.) SECTION 5. Section 3 -108 of the Municipal Code of the City of Blair, Nebraska, is hereby amended as follows, to -wit: Sec. 3 - 108 MUNICIPAL WATER: INSTALLATION EXPENSE. The consumer shall employ a licensed plumber and pay the cost of installation and the cost of the supply pipe, and the service pipe from the main to the place of disbursement. The cost of the 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 11 day of February, 2003. CITY OF BLAIR, NEBRASKA ATTEST: installation of the stop box shall be paid by the consumer. The consumer shall purchase from the City the stop box, or shall before installation, obtain approval of any such items not purchased from the Municipality. The City will provide the meter, and such meter will remain property of the City. The consumer will pay a tap fee in such sum as is set by the Governing Body and the amount of said fee shall be appended to the Municipal Code as part of an appendix titled, "Permit, License, and Application Fees." The extension of commercial mains into unsupplied territory, within the corporate limits, may be made by means of water extension districts. (Ref. 16-681 RS Neb.) (Amended by Ord. No. 1328, 6/8/82) BRENDA R. TAYLO ' ITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) S E. REALPH, MAYOR BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 1 lth day of February, 2003. BRENDA R. TAYLOR, CLERK ORDINANCE NO. 1970 AN ORDINANCE AMENDING SECTION 6 -101 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA INCREASING THE AGE FOR LICENSING DOGS TO SIX MONTHS OF AGE OR OLDER; AMENDING SECTION 6 -333 OF THE MUNICIPAL CODE INCREASING THE FINE FOR FIRST OFFENSE OF JUNK ACCUMULATIONS TO THE SUM OF $100, SECOND OFFENSE TO $150 AND THIRD OFFENSE IN ANY CALENDAR YEAR IN THE SUM OF $200; 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 Municipal Code of the City of Blair, Nebraska, shall be amended as follows, to -wit: Sec. 6 - 101 DOGS: LICENSE. Any person who shall own, keep or harbor a dog over the age of six (6) 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 (1 day of January of each year. The said tax shall be delinquent from and after January thirty-first (31st); Provided, the possessor of any dog brought into or harbored within the corporate limits shall be liable for the payment of the dog tax levied herein and shall license same within thirty (30) days after such animal is brought into or harbored in the municipality. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of ten ($10.00) dollars for each spayed female dog and each neutered male dog and fifteen ($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. That the Municipal Code of the City of Blair, Nebraska, shall be amended as follows, to -wit: Sec. 6 MISDEMEANORS: JUNK ACCUMULATIONS. It shall be unlawful° for any property owner or lessee to allow an accumulation of junk on property that is located within the corporate limits to the extent that such accumulation is a potential hazard to the health and safety of the residents of the Municipality. Junk shall mean old scrap, copper, brass, iron, steel, rope, rags, batteries, paper, trash, rubber debris, waste, motor vehicles or recreational equipment of any kind including, but not limited to, motorcycles, all terrain vehicles, automobiles, trucks, boats and trailers which are not dismantled, unlicensed or unregistered in violation of Chapter 60, Article 3 R.R.S. Nebraska (as amended from time to time), abandoned, inoperable, or wrecked automobiles, or parts thereof, wood, limbs, vegetation, and other old or scrap . ferrous or nonferrous material. The City Administrator or the Chief of Police shall have the power to investigate all complaints of violations of this Section and if they find that such property owner or lessee has allowed such accumulation, they shall cause the property owner or lessee to be served with written notice directing them to remove the accumulation of junk within five (5) days of the receipt of said notice. Any person failing to remove said accumulation within five (5) days after receiving notice to do so, shall be deemed guilty of a misdemeanor and a conviction for violation of this section shall result in a fine for the first offense in any one calendar year the sum of one hundred dollars ($100.00), for the second offense in any one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one calendar year the sum of two hundred dollars ($200.00), and the Court, as part of the judgment, shall order the owner to remove the accumulation of junk. Each day an accumulation of junk is permitted to exist shall be deemed a separate violation hereunder. In addition, an authorized agent of the Municipality may cause said junk or motor vehicles to be removed at the expense of the owner or lessee, from the land whereon said junk or motor vehicles exist and the cost of such removal shall be levied, equalized, and assessed as are other special assessments. (Ord. No. 1280, 5/14/80) 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 11 day of February, 2003. CITY OF BLAIR, NEBRASKA B J E. REALPH, MA� YoR ATTEST: B NDA R. TAYLO ° ITY 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 1 1th day of February, 2003. BRENDA R. TAYLOR, ' r CLERK • ORDINANCE NO. 1971 AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS LISTED BELOW, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, TO -WIT: Tax Lot 229 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska; Tax Lot 57 in Section 7, Township 18 North, Range 12 East of the 6th P.M., Washington County, Nebraska; Lot 3 in Skobo Acres, a Subdivision in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; Tax Lot 38 in Section 1, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; Tax Lot 123 in Section 2, all in Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; Tax Lot 84 in Section 1, Township 18 North, Range 11 East of the 6 th P.M., Washington County, Nebraska; Tax Lot 236 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; Tax Lot 216 in Section 12, Township 18 North, Range 11 East of the 6th P.M., Washington County, Nebraska; Tax Lot 185 in Section 14, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 92 in Section 2, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 120 in Section 2, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; Tax Lot 616 in Section 11, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; North 28 Avenue in the SE 1/4 of SE 1/4 of Section 3, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; 1 Tax Lot 225 in Section 13, Township 18 North, Range 11 East of the 6 P.M., Washington County, Nebraska; WHEREAS, the City of Blair is considering the annexation of and a plan for extending city services to the above described real estate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tracts of land described above be and same hereby is annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 8th day of April, 2003. ATTEST: BRENDA R. TAYLOR, CLERK (SEAL) ALPH, MAYOR STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 8th day of April, 2003. 3 •i / Ni" IA R. TAYLOR, CA,r CLERK CITY VII iffilit ' . I I ,, : �� 11 11 11 . • .it_ Ill: l 11 11111 Lu . ■ .a 4 Ills= 111 Ili. 1 h - 1111E 1111 111111 I. 1 ■. 111 Illlh ilry 111111 111111 111111 vi 11110 .f. 1111..\! 111111 ►R: 1- �lr.!.1111111 1 10111 11111111 111111 ;111111 111111 111'911 11110 -HIM 111111 111111 111111 1.71 111111 • NM Oli II II� ! ! Nei Y111111I .. Kill llllltll I f �s \ � • I ll .11,J ...' , I Iii . I. 711 ! ii `0- � /� YIIYIEI .1 YiLeeii i c lipiIIIIHIS Ea =_.=�,+ R Ell. sr W� iriirirR� 0. � p � y r �Iw ■ �� .e . ,-,111111116'. 1 .. •r• 111 u. m. 1.1 =:4 :II r:ugll 11i111 11110 111111 111111 111111 111. 111 101111 111111 . 111111 111111 111111 111111 I I Mai \111�1 o �ili ll��y� "!1 .... 11 1..7x! WNW urr 6 H II II II 1 p • I • City of Blair Washington County, Nebraska FIN N nn • • .1000 I = AN ORDINANCE TO REVISE AND AMEND PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, PERTAINING TO WIRELESS TELECOMMUNICATION TOWERS; TO AUTHORIZE THAT SAID AMENDMENTS BE INCORPORATED INTO PAMPHLET FORM; 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. 1798, the Comprehensive Zoning Ordinance of the City of Blair, Nebraska, is hereby amended to add the following Section 1102.2, to -wit: 1102.02 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES Section 1102.02(1) Purposes 11.02.02(2) Definitions 1102.02(3) Development of Towers 1102.02(4) Setbacks 1102.02(5) Structural Requirements 1102.02(6) Separation or Buffer Requirements 1102.02(7) Method of Determining Tower Height 1102.02(8) Illumination 1102.02(9) Exterior Finish 1102.02(10) Landscaping 1102.02(11) Access 1102.02(12) Stealth Design 1102.02(13) Telecommunications Facilities on Antenna Support Structures 1102.02(14) Modification of Towers 1102.02(15) Certification and Inspections 1102.02(16) Maintenance 1102.02(17) Criteria for Site Development Modifications 1102.02(18) Abandonment 1102.02(19) Severability 1102.02(20) Conflicts (Repeal of Ordinances) ORDINANCE NO. 1972 1102.02(1) Purposes. The general purpose of this Ordinance is to regulate the placement, construction, and modification of Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Ordinance are: (a) To regulate the location of Towers and Telecommunications Facilities in the City; (b) To protect residential areas and land uses from potential adverse impact of Towers and Telecommunications Facilities; (c) To minimize adverse visual impact of Towers and Telecommunications Facilities through careful design, siting, landscaping, and innovative camouflaging techniques; (d) To promote and encourage shared use /collection of Towers and Antenna Support Structures as a primary option rather than construction of additional single -use Towers; (e) To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new Tower structures to support antenna m Telecommunications Facilities; (f) To avoid potential damage to property caused by Towers and Telecommunications Facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and (g) To ensure that Towers and Telecommunications Facilities are compatible with surrounding land uses. 1102.02(2) Definitions. The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (a) Act means the Telecommunications Act of 1996. (b) Antenna Support Structure means any building or structure other than a Tower which can be used for location of Telecommunications Facilities. (c) Applicant means any Person that applies for a Tower development permit. (d) Application means the process by which the Owner of a parcel of land within the zoning jurisdiction of the City submits a request to develop, construct, build, modify, or erect a Tower upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. (e) Engineer means any engineer licensed by the State of Nebraska. (f) Owner means any Person with fee title or a long -term (exceeding ten (10) years) leasehold to any parcel of land within the zoning jurisdiction of the City who desires to develop, or construct, build, modify, or erect a Tower upon such parcel of land. (g) Person is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. (h) Stealth means any Tower or Telecommunications Facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof - mounted antennas, antennas integrated into architectural elements, and Towers designed to look other than like a Tower such as light poles, power poles, and trees. The term Stealth does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole Tower designs. (i) Telecommunications Facilities means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a Person seeks to locate or has installed upon or near a Tower or Antenna Support Structure. However, Telecommunications Facilities shall not include: (1) any satellite earth station dish which is twenty (20) inches in diameter or less, or otherwise regulated under Section 1102.01 hereinabove; and, (2) any amateur radio station operator /receive -only antenna. This section shall not govern the installation of any antenna owned or operated by an amateur radio operator and used exclusively for receive -only antennas and for private noncommercial purposes which shall be regulated elsewhere in the zoning regulations for the City of Blair, Nebraska and the municipal code of the City of Blair, Nebraska. 6) Tower means a self - supporting lattice, guyed, or monopole structure constructed from grade which supports Telecommunications Facilities. 1102.02(3) Development of Towers. (a) No person shall build, erect, or construct a Tower upon any parcel of land within any zoning district unless a conditional use permit shall have been issued in the manner provided in Article 14 hereinafter. No person shall build, erect, or construct a Tower upon any parcel of land except within the following zoning districts: 1. AGRICULTURAL /LIGHT INDUSTRIAL AND MANUFACTURING 2. (A/ML) AGRICULTURAL/HEAVY INDUSTRIAL (A/MH) 3. GENERAL AGRICULTURAL DISTRICT (AGG); provided however, no person shall build, erect or construct a tower within one mile from the corporate limits of the City of Blair, Nebraska, as amended from time to time. (b) Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred and fifty (150) feet. Towers may be permitted in excess of one hundred and fifty (150) feet in accordance with 1102.02(17) "Criteria for Site Plan Development Modifications." (c) No new Tower shall be built, constructed, or erected within the zoning jurisdiction of the City unless the Tower is capable of supporting another Person's operating Telecommunications Facilities comparable in weight, size, and surface area to the Telecommunications Facilities installed by the Applicant on the Tower within six (6) months of the completion of the Tower construction. (d) An Application to develop a Tower shall include: (1) The name, address, and telephone number of the Owner and lessee of the parcel of land upon which the Tower is situated. If the Applicant is not the Owner of the parcel of land upon which the Tower is situated, the written consent of the Owner shall be evidenced in the Application. (2) The legal description and address of the parcel of land upon which the Tower is situated. (3) The names, addresses, and telephone numbers of all owners of other Towers or fusible Antenna Support Structures within a one -half ( /2) mile radius of the proposed new tower site, including City -owned property. (4) A description of the design plan proposed by the Applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The Applicant must demonstrate the need for Towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the Applicant's telecommunications services. (5) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the Applicant's Telecommunications Facilities on City -owned Towers or usable Antenna Support Structures located within a one -half ( /2) mile radius of the proposed Tower site. (6) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessful, efforts to install or collocate the Applicant's Telecommunications Facilities on Towers or usable Antenna Support ( Structures owned by other Persons located within a one -half (%) mile radius of the proposed Tower site. Written technical evidence from an Engineer(s) that the proposed Tower or Telecommunications Facilities cannot be installed or collocated on another Person's Tower or usable Antenna Support Structures owned by other Persons located within a one -half (1/2) mile radius of the proposed Tower. site. (8) A written statement from an Engineer(s) that the construction and placement of the Tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non - residential properties. (9) Written, technical evidence from an Engineer(s) that the proposed structure meets the standards set forth in 1102.02(5), "Structural Requirements ", of this Ordinance (10) Written, technical evidence from a qualified Engineer(s) acceptable to the Fire Marshall and the building official that the proposed site of the Tower or Telecommunications Facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals. (11) In order to assist the City staff, Planning Commission and City Council in evaluating visual impact, the Applicant shall submit color photo simulations showing the proposed site of the Tower with a photo - realistic representation of the proposed Tower as it would appear viewed from the closest residential property and from adjacent roadways. (12) The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the City to condition or deny, on the basis of RF impacts, the approval of any Telecommunications Facilities (whether mounted on Towers or Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available, upon request, copies of ongoing FCC information and RF emission standards for Telecommunications Facilities transmitting from Towers or Antenna Support Structures. Applicants shall be required to submit information on the proposed power density of their proposed Telecommunications Facilities and demonstrate how this meets FCC standards. Applicants shall certify that all franchises or licenses required under federal, state or local law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all such required franchises and/or licenses with the City staff. (13) Identification of the entities providing the backhaul network for the tower(s) described in the application and other towers or cellular sites owned and/or operated by the applicant (e) The Planning Commission may require an applicant to supplement any information the Commission considers inadequate or the applicant has failed to comply. In granting a conditional use permit, conditions may be imposed to the extent that the Commission and the City Council conclude that such conditions are reasonably necessary to minimize any adverse effect of the proposed tower on adjoining properties. The Commission or the Council may deny an Application on the basis that the Applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the City in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial. The Commission and City Council shall consider the following factors in determining whether to issue a conditional use permit, although the Commission and City Council may waive or reduce the burden on the applicant of one or more of these criteria if the Commission and City Council conclude that the goals of this section are better served thereby; 1. Height of proposed tower. 2. Proximity of the tower to residential structures and residential district boundaries. 3. Nature of uses on adjacent and nearby properties. 4. Surrounding topography. 5. Surrounding tree coverage and foliage. 6. Design of tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. 7. Proposed ingress and egress. 8. Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures. No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Commission and the City Council that no existing tower structure alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed tower. Evidence submitted to demonstrate that no existing tower structure alternative technology can accommodate the applicant's proposed antenna may include any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval). 1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. 2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. 3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. 4. The applicant's proposed antenna would cause interference with the antenna on existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. 5. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure are commercially unreasonable. 6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable. 1102.02(4) Setbacks. (a) All Towers shall be set back on all sides a distance equal to the minimum front yard, rear yard and side yard setback requirement in the applicable zoning district. In addition to the minimum yard setback requirements, all towers shall be set back one (1) additional foot per each foot of Tower height. (b) Setback requirements for Towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located. (c) Setback requirements may be modified, as provided in 1102.02(17), when placement of a Tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the Tower. 1102.02(5) Structural Requirements. All Towers must be designed and certified by an Engineer to be structurally sound and, at minimum, in conformance with the applicable Building Code, and any other standards outlined in this Ordinance. All Towers in operation shall be fixed to land. 1102.02(6) Separation or Buffer Requirements. For the purpose of this Ordinance, the separation distances between Towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed Tower. Tower separation distances from residentially zoned lands shall be measured from the base of a Tower to the closest point of residentially zoned property. The minimum Tower separation distances from residentially zoned land and from other Towers shall be calculated and applied irrespective of City jurisdictional boundaries. (a) Towers shall be separated from all residentially zoned lands by a minimum of two hundred (200) feet or two hundred (200) percent of the height of the proposed Tower, whichever is greater. (b) Proposed Towers must meet the following minimum separation requirements . from existing Towers or Towers which have been granted a conditional use permit but are not yet constructed at the time a conditional use permit is granted pursuant to this Code: (1) Monopole Tower structures shall be separated from all other Towers, whether monopole, self - supporting lattice, or guyed, by a minimum of seven hundred and fifty (750) feet (2) Self - supporting lattice or guyed Tower structures shall be separated from all other self - supporting or guyed Towers by a minimum of fifteen hundred (1,500) feet. (3) Self - supporting lattice or guyed Tower structures shall be separated from all monopole Towers by a minimum of seven hundred and fifty (750) feet. 1102.02(7) Method of Determining Tower Height. Measurement of Tower height for the purpose of determining compliance with all requirements of this Section shall include the Tower structure itself, the base pad, and any other Telecommunications Facilities attached thereto which extend more than twenty (20) feet over the top of the Tower structure itself. Tower height shall be measured from grade. 1102.02(8) Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of the Tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the Tower from the Tower and when required by federal law, dual mode lighting shall be requested from the FAA. 1102.02(9) Exterior Finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the appropriate reviewing body. 1102.02(10) Landscaping. All landscaping on a parcel of land containing Towers, Antenna Support Structures, or Telecommunications Facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the Tower, Antenna Support Structure, or Telecommunications Facilities are located. The City may require landscaping in excess of the requirements in the City Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. 1102.02(11) Deleted 1102.02(12) Stealth Design. Stealth design is encouraged. The issue of stealth design will be considered as an element of the building design criteria considered as part of the issuance of the conditional use permit. No signs shall be allowed on any antenna or tower. 1102.02(13) Telecommunications Facilities on Antenna Support Structures. Any Telecommunications Facilities which are not attached to a Tower may be permitted on any Antenna Support Structure at least fifty (50) feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications Facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the zoning administrator, establish the following at the time plans are submitted for a building permit: (a) That the height from grade of the Telecommunications Facilities shall not exceed the height from grade of the Antenna Support Structure by more than twenty (20) feet; (b) That any Telecommunications Facilities and their appurtenances, located above the primary roof of an Antenna Support Structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the Telecommunications Facilities. This setback requirement shall not apply to Telecommunications Facilities and their appurtenances, located above the primary roof of an Antenna Support Structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the City. Setback requirements shall not apply to Stealth antennas which are mounted to the exterior of Antenna Support Structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such an Antenna Support Structure. 1102.02(14) Modification of Towers. (a) A Tower existing prior to the effective date of this Ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this Ordinance, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this Section, except for Sections 1102.02(6), "Separation or Buffer Requirements," 1102.02(15), "Certification and Inspections," and 1102.02(16), "Maintenance," so long as: (1) The Tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional Telecommunications Facilities comparable in weight, size, and surface area to the discrete operating Telecommunications Facilities of any Person currently installed on the Tower; (2) An Application for a conditional use permit is made in the manner provided in this Article and Article 12;. The grant of a conditional use permit pursuant to this Section allowing the modification or demolition and rebuild of an existing nonconforming Tower shall not be considered a determination that the modified or demolished and rebuilt Tower is conforming; and (3) (b) Except as provided in this Section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This Ordinance shall not be interpreted to legalize any structure or use existing at the time this Ordinance is adopted, which structure or use is in violation of the Code prior to enactment of this Ordinance 1102.02(15) Certification and Inspections. The height of the modified or rebuilt Tower and Telecommunications Facilities attached thereto do not exceed the maximum height allowed under this Ordinance: (a) All Towers shall be certified by an Engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the City's Code and federal and state law. For new monopole Towers, such certification shall be submitted with an Application pursuant to 1102.02(3) of this Ordinance and every five (5) years thereafter. For existing monopole Towers, certification shall be submitted within sixty (60) days of the effective date of this Ordinance and then every five (5) years thereafter. For new lattice or guyed Towers, such certification shall be submitted with an Application pursuant to 1102.02(3) of this Ordinance and every two (2) years thereafter. For existing lattice or guyed Towers, certification shall be submitted within sixty (60) days of the effective date of this Ordinance and then every two (2) years thereafter. The Tower owner may be required by the City to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the Tower is jeopardized. (b) The City or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the City Code and federal and state law. (c) The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Tower owner. All expenses related to such inspections by the City shall be borne by the Tower owner. 1102.02(16) Maintenance. (a) Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) Tower owners shall install and maintain Towers, Telecommunications Facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. (c) All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. (d) All maintenance or construction of Towers, Telecommunications Facilities, or Antenna Support Structures shall be performed by licensed maintenance and construction personnel. (e) All Towers shall maintain compliance with current RF emission standards of the FCC. (f) In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. 1102.02(17) Criteria for Site Plan Development Modifications. (a) Notwithstanding the Tower requirements provided in this Ordinance, a modification to the requirements may be approved by the City Board of Zoning Adjustment ( "Board of Adjustment ") as a variance in accordance with the following: (1) In addition to the requirement for a Tower Application, the Application for modification shall include the following: (i) A description of how the plan addresses any adverse impact that might occur as a result of approving the modification. (ii) A description of off -site or on -site factors which mitigate any adverse impacts which might occur as a result of the modification. (iii) A technical study that documents and supports the criteria submitted by the Applicant upon which the request for modification is based. The technical study shall be certified by an Engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights -of -way and properties. (iv) For a modification of the setback requirement, the Application shall identify all parcels of land where the proposed Tower could be located, attempts by the Applicant to contact and negotiate an agreement for collocation, and the result of such attempts. (v) The Board of Adjustment may require the Application to be reviewed by an independent Engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the City's Engineer shall be reimbursed to the City by the Applicant. (2) The Board of Adjustment shall consider the Application for modification based on the following criteria: (i) That the Tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties. (ii) Off -site or on -site conditions exist which mitigate the adverse impacts, if any, created by the modification. (iii) In addition, the Board may include conditions on the site where the Tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed Tower and mitigate any adverse impacts which arise in connection with the approval of the modification. (b) In addition to the requirements of subparagraph (a) of this Section and the requirements of Article 13, in the following cases the Applicant must also demonstrate, with written evidence, the following: (1) In the case of a requested modification to the setback requirement, 1102.02(4), that the setback requirement cannot be met on the parcel of land upon which the Tower is proposed to he located and the alternative for the Person is to locate the Tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other Towers of 1102.02(6), "Separation or Buffer Requirements," that the proposed site is zoned A/MH or A/ML and the (3) 1102.02(18) Abandonment. proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in 1102.02(6). In the case of a request for modification of the separation and buffer requirements from residentially zoned land of 1102.02(6), if the Person provides written technical evidence from an Engineer(s) that the proposed Tower and Telecommunications Facilities must be located at the proposed site in order to meet the coverage requirements of the Applicant's wireless communications system and if the Person is willing to create approved landscaping and other buffers to screen the Tower from being visible to residentially zoned property. (4) In the case of a request for modification of the height limit for Towers and Telecommunications Facilities or to the minimum height requirements for Antenna Support Structures, that the modification is necessary to: (i) facilitate collocation of Telecommunications Facilities in order to avoid construction of a new Tower; or. (ii) to meet the coverage requirements of the Applicant's wireless communications system, which requirements must be documented with written, technical evidence from an Engineer(s) that demonstrates that the height of the proposed Tower is the minimum height required to function satisfactorily, and no Tower that is taller than such minimum height shall be approved. (c) In addition to the foregoing, the Applicant must demonstrate that, by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of his property, the strict application of any enacted regulation under this article would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property. The Board of Adjustment may authorize a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution. No such variance . shall be authorized by the Board of Adjustment unless it finds that (a) The strict application of the zoning regulation would produce undue hardship; (b) such hardship is not shared generally by other properties in the same zoning district and . the same vicinity; (c) the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and (d) the granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from the variations for purposes of convenience, profit or caprice. (a) If any Tower shall cease to be used for a period of 180 consecutive days, the City Council shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the . City Council that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the City Council shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy -five (75) days, dismantle and remove the Tower. (b) To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post a bond in an amount to be determined by the City Council at the time of the approval of the issuance of the conditional use permit based on the anticipated cost of removal of the Tower. 1102.02(19) Severability. That if any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. SECTION 2. That Section 501.04(14) "Radio and Television Broadcasting Studios and Transmitting Structures" shall be revoked and rescinded. SECTION 3. Section 801.04(9) "Antennas and Transmitting Structures in the Highway Commercial Zoning District" is hereby revoked and rescinded. SECTION 4. Section 901.04(1) "Antennas and Transmitting Structures" are hereby revoked and rescinded, and in its place the following Section is hereby added: "Sec. 901.04(1) Wireless Telecommunications Towers." (Note: See Section 1102.02 for regulations regarding Wireless Telecommunications Towers and Facilities.) SECTION 5. Section 902.03(3) "Antennas and Transmitting Structures" is hereby revoked and rescinded and in its place the following Section is hereby added: "Sec. 902.03(3) Wireless Telecommunications Towers." (Note: See Section 1102.02 for regulations regarding Wireless Telecommunications Towers and Facilities.) 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, approval and publication as provided by law. i PASSED AND APPROVED this 11th day of March, 2003. CITY OF BLAIR, NEBRASKA BY E..<��_ JAMRSZIEALPH, MAYOR !' BRENDA R. TAYLOICITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 11 day of March, 2003. ORDINANCE NO. 1973 AN ORDINANCE AMENDING SECTION 705 AND SECTION 705(1)(B)3(b) OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, TO REQUIRE LOT SPLIT SURVEYS TO BE CERTIFIED BY A LICENSED, REGISTERED SURVEYOR, AND TO ALLOW THE CITY COUNCIL, AFTER RECOMMENDATION OF THE PLANNING COMMISSION, TO WAIVE LOT SPLIT REGULATIONS IF THERE IS A SPLIT OF A PLATTED SUBDIVISION LOT, GOVERNMENT LOT, GOVERNMENT SUBDIVISION OR AN IRREGULAR TRACT AS CREATED BY THE WASHINGTON COUNTY, NEBRASKA SURVEYOR; 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. Section 705(1)(B)(3)(b) of the Zoning Regulations for the City of Blair, Nebraska is hereby amended to add the following provision, to wit: "(b) If the lot split application is for the split of a platted subdivision lot, government lot, government subdivision or an irregular tract as created by the Washington County, Nebraska Surveyor, the lot split regulations may be waived if the certified survey drawing includes an agreement of the owners thereof and adjacent lots to which any part of the split lot is to be appended, binding the transferees, grantees and assignees of the owners, providing that the resulting split tracts will be permanently appended to the contiguous lot with common ownership. Permanently appended shall mean that the resulting partial lot or the contiguous lot may not be conveyed without the other in a simultaneous transaction to the same grantee, pursuant to the terms of a contiguous parcel agreement in form satisfactory to the Planning Commission and City Council ". SECTION 2. That the provisions of the second full paragraph of Section 705 of the Zoning Regulations of the City of Blair, Nebraska is hereby amended to add the following provision, to -wit: "Three (3) originals and twenty -five (25) copies of a survey of the lots, certified by a surveyor, and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. Such drawings shall include a scale drawing of the entire tract being divided. The application shall also be accompanied by one (1) reproducible copy of the survey not more that eleven (11) inches by seventeen (17) inches. The application shall be accompanied by a certified list of names and addresses of all persons to receive notices ". SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. (SEAL) PASSED AND APPROVED this 8th day of April, 2003. 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 April, 2003. BRE i A R. TAYLOR, CI i ' LERK ORD ANCE NO.1974 AN ORDINANCE AUTHORIZING THE CONVEYANCE AND EXCHANGE UNTO COUNTRY TIRES, INC., OF A CERTAIN PARCEL OF REAL ESTATE DESCRIBED AS: PART OF VACATED CHICAGO AND NORTHWESTERN RAILROAD COMPANY SPUR TRACT, PART OF VACATED 12 STREET IN THE CITY OF BLAIR, NEBRASKA AND LYING IN THE NE 1/ OF THE SW 1 OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 PRINCIPAL MERIDAN, WASHINGTON COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF LOT 16, BLOCK 52, ORIGINAL TOWNSITE IN THE CITY OF BLAIR, NEBRASKA AND ASSUMING THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BLOCK 52 TO BEAR S90 °00'00" E; THENCE N 00 °02'58 "E ALONG THE WESTERLY LINE OF SAID LOT 16 A DISTANCE OF 89.69 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF THE NOW VACATED CHICAGO AND NORTHWESTERN RAILROAD COMPANY SPUR TRACKS AND THE POINT OF BEGINNING; THENCE N43 °36'10 "W ALONG SAID SOUTHWESTERLY RAILROAD RIGHT -OF -WAY LINE A DISTANCE OF 21.73 FEET TO A POINT 15.00 FEET WEST OF THE WESTERLY LINE OF SAID LOT 16; THENCE N00 °02'58 "E PARALLEL TO AND 15.00 FEET WEST OF SAID WESTERLY LINE A DISTANCE OF 34.51 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 16; THENCE S 89 °58'52" E ALONG SAID WESTERLY PROJECTED LOT LINE A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER' OF SAID LOT 16; THENCE S00 °02'58 "W ALONG THE WESTERLY LINE OF SAID LOT 16 A DISTANCE OF 50.24 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES MORE OR LESS IN RETURN FOR CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE OWNED BY COUNTRY TIRE, INC.; PROVIDING FOR NOTICE OF SUCH SALE TO BE PUSBLISHED FOR THREE CONSECITOVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE COUNTRY TIRE, INC., AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT § 16 -202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW 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 Country Tire, Inc. whereby the City agrees to convey and transfer the real estate described on Exhibit "A" hereto attached, in return for the transfer and conveyance to the City of the real estate described on Exhibit "B ". 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 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 8th day of April, 2003. By: BRENDA R. TAYLOR, Ci / ' lerk STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNT ) CITY OF BLAIR, NEBRASKA . REALPH, 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 8th day of April, 2003. BRENDA R. TAYLOR, COPY CLERK. 4 ORDINANCE NO. 1975 AN ORDINANCE REZONING SOUTH HIGHWAY 30, TAX LOT 92, IN THE NE'/ OF THE NW'/, SECTION 23, TOWNSHIP 18N, RANGE 11, EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA, FROM RESIDENTIAL LOW DENSITY (RL) TO AGRICULTURAL/HIGHWAY COMMERCIAL (ACH); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations and zoning map of the City of Blair be amended so as to change the zoning designation of South Highway 30, Tax Lot 92, in the NE'/ of the NW %, Section 23, Township 18N, Range 11, East of the 6 P.M., Washington County, Nebraska from Residential Low Density (RL) to Agricultural/Highway Commercial (ACH) SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 13 day of May, 2003. CITY OF BLAIR, NEBRASKA REALPH, MAYOR ATTEST: (SEAL) e �� BRENDA R. TAYLOR I TY CLERK 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 13th day of May, 2003. BRENDA R. TAYLOR, C r CLERK SECTION 1. That Paving District No. 181 be and the same is hereby created with the City of Blair, Nebraska, the outer boundaries of which District shall include the following described properties which abut the streets described below: ORDINANCE NO. 1976 AN ORDINANCE CREATING PAVING DISTRICT NO.181, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND DESCRIBING SAID PAVING DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE 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. (SEAL) Lots 1, 2 and 3 in Boulder Ridge Subdivision in the City of Blair, Washington County, Nebraska. Within said District the street to be improved is Ridgeview Road. SECTION 2. The improvements to be constructed in Paving District No. 181 may include grading, paving, curbing, guttering, storm sewer improvements, sidewalks, and other necessary or incidental appurtenances to the improvements. SECTION 3. All of said improvements shall be constructed to the established grades as fixed by ordinance of said City and shall be constructed in according with plans and specifications to be made by HGM and Associates, employed by the City, to be approved by the City Council. Said improvements in Paving District No. 181 shall be made at public cost, and the cost of such improvements, excepting street, intersections, shall be assessed against the property within said District specially benefitted thereby in proportion to such benefits. SECTION 4. That this ordinance shall be in effect from and after its passage, approval, and publication according to law. PASSED AND APPROVED this 10th day of June, 2003. . J 'IN SHOTNArELL, A ING MAYOR —1— 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 10 day of June, 2003. 2003 WATER SEWER PAVING DIST.WPD B NDA R. TAYLOR, CLERK —2— ORDINANCE NO. 1978 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 60 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION, AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary system beyond the existing system by the construction of sanitary sewer mains pursuant to the authority granted by Section 19 -2402 R. R. S. Neb. 1943. That said sanitary sewer extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer Extension District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Sanitary Sewer Extension District No. 60, said sanitary sewer extension district: to include the outer boundaries of the following described real estate, to -wit: Lots 1, 2 and 3 in Boulder Ridge Subdivision in the City of Blair, Washington County, Nebraska; SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No. 60 are described as follows: Size and Tv pe of Material: Eight inch (8 ") P.V.C. sanitary sewer main with manholes. Location and Terminal Points: The location and terminal point of the proposed improvements shall be from Highway 30 easterly along the Ridgeview Drive right -of -way, City of Blair, Washington County, Nebraska. SECTION 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16 Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of Blair Engineering & Surveying Co., Inc., 1570 Washington Street, Blair, 1 Nebraska 68008. Said plans and specifications for the specific sizing of pipes and mains as shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed sanitary sewer improvements as heretofore filed with the City Clerk for Sanitary Sewer District No. 60 is $27,352.76. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 10TH day of June, 2003. ATTEST: BRENDA R. TA + ' CITY CtERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA 4 SHOT1VELL, ACTING MAYOR BRENDA R. TAYOR, 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 June, 2003. 2 BINDA R. TAYLOR, C ORDINANCE NO. 1977 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 41 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNING THE ME, LOCATION, AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19 -2402 R.R.S. Neb. 1943. That said water main extension shall commence at the existing water mains as described in Section 3 hereof; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Water Extension District No. 41, the outer boundaries of which are included in the following described real estate, to -wit: Lots 1, 2 and 3 in Boulder Ridge Subdivision in the City of Blair, Washington County, Nebraska. SECTION 3. The size, location, and terminal points of the proposed improvements for Water Extension District No. 41 are described as follows: Size and Tyne of Material: Six inch (6 ") P.V.C. or ductile iron water main with fire hydrants and valves. Location and Terminal Points: The location and terminal points of the proposed improvements are extending from U.S. Highway 30 easterly along Ridgeview Drive in Boulder Ridge Subdivision, City of Blair, Washington County, Nebraska. SECTION 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16 Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of Blair Engineering & Surveying Co., Inc., 1 1570 Washington Street, Blair, Nebraska 68008. Said plans and specifications are hereby incorporated by reference as set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as heretofore filed with the City Clerk for Water Extension District No. 41 is $13,736.10. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 10 day of June, 2003. CITY OF BLAIR, NEBRASKA T. J • I SHOTWELL, ACTING MAYOR 1'EST: B .ENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified . and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the mayor and City Council of said City held on the 10 day of June, 2003. 0 2 AN ORDINANCE REZONING TAX LOT 94, SECTION 23, TOWNSHIP 18 NORTH, RANGE 11, EAST OF THE 6 P.M. IN WASHINGTON COUNTY, NEBRASKA, FROM RESIDENTIAL LOW DENSITY DISTRICT (RL) TO AGRICULTURAL/HIGHWAY COMMERCIAL DISTRICT (A/CH), 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 COUNCILOF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of Tax Lot 94, Section 23, Township 18 North, Range 11, East of the 6 P.M. in Washington County, Nebraska, from Residential Low Density District (RL) to Agricultural/Highway Commercial District (A/CH). 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 12th day of August, 2003. CITY OF BLAIR, NEBRASKA (SEAL) ORDINANCE NO. 1979 1 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 12th day of August, 2003. C:\Documents and Settings \jhayes.JULIE\Desktop \Shared \COB\Blair, City of\ORDINANCES\RezoneTaxLot94.wpd 2 k4M1 BRENDA R. TAYLO4. SIITY LERK ORDINANCE NO. 1980 AN ORDINANCE TO ADOPT THE BUDGET STATEMENT AND TO BE TERMED THE "ANNUAL APPROPRIATION BILL;" TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY. OF OCTOBER, 2003; AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT. WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair, Nebraska, for the fiscal year beginning on October 1, 2003 and ending September 30, 2004 was published in The Enterprise, the official newspaper of the City of Blair, on September 2, 2003; and, WHEREAS, said budget statement was prepared on the appropriate budget forms provided by the State of Nebraska and was duly filed with the City Clerk of the City of Blair, Nebraska. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: 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, 2003 and ending September 30, 2004. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Blair. A copy of the budget.documents shall be forwarded, as provided by law, to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Washington County, Nebraska, for use by the levying authority. SECTION 2. There is hereby appropriated for the use of the City of Blair, Washington County, Nebraska, the sum of $13,478,050.00 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 2003 -2004 fiscal year. SECTION 3. That the following amounts be and hereby are appropriated from the various funds to the use and purpose hereinafter specified, to -wit: 1 Total General Fund Debt Service Street Sales Tax (1997 Vote) Sales Tax (Police Department) Health & Benefit Insurance Water Sewer Lodging Occupation Tax CDBG(ED) Fund Donated Funds Capital Outlay Reserve CDBG Reuse Funds MIRF Fund Keno Funds SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 9th day of September, 2003. CITY OF BLAIR, NEBRASKA (SEAL) 2 ALL SOURCES $ 2,459,634.00 1,752,657.00 1,402,297.00 1,1 90,000.00 613,844.00 186,738.00 3,949,143.00 761,884.00 46,838.00 500,100.00 50,828.00 24,532.00 327,241.00 4,299.00 208,015.00 B �� E REALPH, 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 9th day of September, 2003. 3 A,zx B1�ENDA R. TAYLORICI'tY CLERK ORDINANCE NO. 1981 AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE EMPLOYEES OF THE CITY OF BLAIR, NEBRASKA FOR THE FISCAL YEARS 2003 /2004 AND 2004 /2005; 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 I. That, effective, October 6, 2003, the salary of the employees of the City of Blair, Nebraska shall be as set forth on the `By- Weekly Salary Schedule," marked Exhibit "A" attached hereto and incorporated by this reference herein, and said "By- Weekly Salary Schedule" is hereby accepted for a two -year period, subject to the increase referred to in Section 2 herein below. In addition to the increase in salary as set forth hereinabove, all employees of the municipality shall be entitled to coverage under the health and accident insurance, life insurance and such other benefits as may be designated by the personnel manual. SECTION 2. That, in addition to the salaries set forth on Exhibit "A" attached hereto, effective commencing on the first day of the first pay period after October 1, 2004, each pay -grade set forth on Exhibit "A" ("By-Weekly Salary Schedule ") shall be increased by the amount equal to two and one -half percent (2.5 %). SECTION 3. That the wage, salary and benefit compensation established herein be and hereby are accepted for a two -year period which consists of the 2003/2004 fiscal year and the 2004/2005 fiscal year. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. PASSED AND APPROVED this 9th day of September, 2003. 1 E. REALPH, MAYOR ATTEST: B ' NDA R. TAYLOR CIrff 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 9th day of September, 2003. I Period Pay Stop Pay Gfr4.de 1 1 2. 3 4 5 6 7 8 9 10 , 11 1 12 13 14 15 16 17 18 19 20 21 ; 22 23 24 I 25 j 26 27 28 29 30 ' 31 ' 32 1 i 33 ! 34 35 36 37 38 39 40 41 42 43 Utility orker A After After 6 Mo, j 1 Yr. E C After 2 Yr, D After 3 Yr, E 8.441 8,722 9.003 9.285 9.566 9.003 9.285 9.566 9.848 10,129 9.566 9.848 10.129 10.410 10,6.92 10.129 10.410 10.692 10.973 11.254 10.692 10.973 11.254 11.536 11.817 11.254 11.536 11.817 12.098 12.380 11.817 12.098 12.380 12.661 12.942 12.380 12.661 12.942 13.224 13.505 12.942 13.224 13.505 13.787 14.068 13.505 13,787 _ 14.068 ' 14.349 14.631 14.068 14.349 14.631 14.912 15.193 14.631 14,912 15.193 1 5,475 15.756 15.193 15.475 15.756 16,037 16.319 15.756 16.037 16.319 16.600 16.881 16319 16.600 16.881 17.163 17.444 16.881 17.163 17.444 177.726 18.007 17.444 17.726 18.007 18.288 18.570 18.007 18.288 18.570 18.851 19.132 18.570 18.851 19.132 19.414 19,695 19.132 19.414 19.695 19.976 20.258 19,695 19.976 20,258 20.539 20.820 20.258 20.539 20.820 21.102 21.383 20.820 21.102 21.383 21.665 21.946 21.383 21.665 21.946 22.227 22.509 21.946 22227 22.509 22.790 23.071 22.509 22,790 23.071 23.353 23.634 23.071 23.353 23.634 23,915 24.197 23.634 . 23.915 24.197 24.478 24.759 24,197 24.478 24.759 25.041 25.322 24.759 25.041 25.322 25.604 25,885 25.322 25.604 25.885 26.166 26.448 25.885 26.166 26.448 26.729 27.010 26.448 26.729 27.010 27292 27,573 27,010 27,292 27.573 27.854 28,136 27,573 27,854 28.136 ' 28.417 28.698 28.136 28.417 28.698 28.980 29.261 28.698 28,980 29.261 2.543 29.824 29261 29.543 29,824 30.105 30.387 29.824 j 30.105 30.387 30,668 30.9491 30.3871 30.668 30.949 31.231 L5121 30.9491 31.231 31.512 3L793 32.0751 31.5121 31.793 32.075 32.356 . 32.6371 32,075 32.356 32.637 32.919 33.2001 1$ per hr/ each certification grade above 4 (Wa only I $.25 per hr /each certification grade above 4 (1 WW) After 4 Yr. F BI WEEKLY SALARY SCHEDULE After 5 Yr. G 10,129 10.692 11.254 10,692 11.254 11.817 11.254 11.817 12.380 11.817 12.380 12.942 12.380 12.942 " 13,505 12.942 13,505 14.068 13,505 14.068 14.631 14.068 14.631 15.193 14.631 15.193 15.756 15.193 15.756 16.319 15.756 16.319 16.881 16.319 ' 16.881 17.444 16.881 17.444 18.007 17.444 j 18.007 18.570 18.007 18.570 19,132 18.570 19.132 19.695 19.132 19.695 20.258 19.695 20:258 20.820 20.258 20.820 21.383 20.820 21.383 21.946 21.383 21.946 22.509 21.946 22.509 23.071 22.509 23.071 23.634 23.071 23.634 24.197 23.634 24.197 24.755 24.197 24,759 25.322 24.759 25,322 25.885 25.322. 25.885 26.448 25.885 26.448 27.010 26.448 27,010 27.573'f 27.010 27.573 - 28.136 27.573 28.136 28.698 28.1361 28,698 29.261 28.6981 29.261 29.824 29.261 1 29.824 30.387 29.824j 30.387 30.949 30.387j 30.949 31.512 30.9491 31.512 32.075 31.512 32.075 32.637 32.075 32.637 33.200 32.6371 33.200 33.763 33.200 I 33.763 34.326 33.763 34.326 34.888 ) ' 'PoliceFTO DARE Officer j :School Resource Officer After After : ' 6 Yr.. 7 Yr. j H I 11.817 12.380 12.942 13,505 14.068 14.631 15.193 15.756 16.319 16.881 17.444 18.007 18.570 19.132 19.695 20,258 20:820 21.383 21.946 22.509 23.071 23,634 24.197 24.759 25.322 25,885 26.448 27.010 27.573 28.136 28.698 29.261 29.824 30.387 30,949 31,512 32.075 32.637 33:200 33,763 34.326 34.888 35.451 Police Sec/Tech Sec/Tech Acct Clerk I Pollee Sec II Acct Clerk II/Librarian I/Park & Cemetery Labor Asst Animal Control Utility Worker I Equip Orp II/Asst Park & Cemetery Utility Worker 11 WA Pint Opr/WW Pint Opr /Asst Street Forman Park & Cern Supt Patrolman/Wa & WW Dist Supr /St Foreman *Librar ian/School Resource Officer /Street Foreman w/Hwy Lie Building Insp/lnvestigator * Clerk/ * Treasurer/Wastewater Plant Supr WA Plant Supr Sergeant Lieutenant *Asst. Administrator *Chief *Director of Public Works *City Administrator $.75 per hour for time served as FTC I $'.50 per hour for time served as DARE Officer j. $1.00 per hour for time serried as School Resouce Officer Effective Date: October 1, 2003 *Exempt THIS ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER WOLFF ON SEPTEMBER 9, 2003 BUT FAILED BY THE FOLLOWING VOTE: COUNCIL MEMBERS PRESENT VOTING AYE: SHOTWELL, STEWART AND MCMANIGAL. COUNCIL MEMBERS PRESENT VOTING NAY: SCHEVE, WOLFF, ABBOTT AND BIFFAR. ORDINANCE NO. 1982 AN ORDINANCE REZONING TAX LOT 253, SECTION 12, TOWNSHIP 18N, RANGE 11, EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA, FROM CENTRAL BUSINESS DISTRICT (CCB) TO AGRICULTURAL /COMMERCIAL HIGHWAY DISTRICT (ACH); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations and zoning map of the City of Blair be amended so as to change the zoning designation of Tax Lot 253, Section 12, Township 18N, Range 11, East of the 6 P.M., Washington County, Nebraska, from Central Business District (CCB) to Agricultural/Commercial Highway District (ACH) SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this day of September, 2003. CITY OF BLAIR, NEBRASKA BY JAMES E. REALPH, MAYOR ATTEST: BRENDA R. TAYLOR, CITY 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 day of September, 2003. BRENDA R. TAYLOR, CITY CLERK ORDINANCE NO. 1983 AN ORDINANCE REZONING TAX LOT 36, SECTION 7, TOWNSHIP 18N, RANGE 11, EAST OF THE 6 P.M., WASHINGTON COUNTY, NEBRASKA, FROM MULTI -FAMILY RESIDENTIAL LOW DENSITY DISTRICT (RML) TO AGRICULTURAL/COMMERCIAL HIGHWAY DISTRICT (ACH); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations and zoning map of the City of Blair be amended so as to change the zoning designation of Tax Lot 36, Section 7, Township 18N, Range 11, East of the 6 P.M., Washington County, Nebraska, from Multi-Family Residential Low Density District (RML) to Agricultural/Commercial Highway District (ACH) SECTION 2. Be it further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th day of September, 2003. CITY OF BLAIR, NEBRASKA ' E. REALPH, MAYOR ATTEST: # (44,1 / BRENDA R. TAYLOR7CITY 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 9th day of September, 2003. BRENDA R. TAYLOR, CkrY CLERK ORDINANCE NO. 1984 AN ORDINANCE AMENDING SECTION 10 -1803 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, BY INCREASING THE OCCUPATION TAX FEE FROM FOUR PERCENT (4 %) TO SEVEN PERCENT (7 %) OF THE TOTAL CONSIDERATION CHARGE FOR OCCUPANCY OF ANY SPACE FURNISHED BY ANY HOTEL IN THE CITY OF BLAIR NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 10 -1803 of the Municipal Code of the City of Blair, Nebraska is hereby amended in its entirety as follows, to wit: Sec. 10 -1803 HOTEL ACCOMMODATIONS. There is hereby imposed an occupation tax fee in the amount of seven percent (7 %) upon the total consideration charge for occupancy of any space furnished by any hotel in the City of Blair, Nebraska. 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. ATTEST: (SEAL) Passed and approved this 9th day of September, 2003. BRENDA R. TAYLOR, CLERK CITY OF BLAIR, NEBRASKA STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of September, 2003. 9 -03 Amend Sec 10 -1803 Mun Code.wpd &Li / BRENDA R. TAYLOR, C' CLERK ORDINANCE NO. 1985 AN ORDINANCE VACATING THE ALLEY IN BLOCK 34 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, BETWEEN 14' STREET AND 13 STREET, SUBJECT TO A PERPETUAL EASEMENT FOR ALL PUBLIC UTILITIES 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. The alley betvveen 14 Street and 13 Street in Block 34 in the City of Blair, Washington County, Nebraska, be and hereby is vacated and the,ownership of the same, pursuant to Neb. Rev. Stat. §16 -611, shall revert to the owners of the adjacent real estate, one -half on each side thereof, subject to, however, the perpetual easement for all public utilities currently 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 23' day of September, 2003. CITY OF BLAIR, NEBRASKA REALPH, MAYOR M."'""4. ATTEST: BRENDA R. TAYLO I2ITY'CLERK (SEAL) STATE OF NEBRASKA ) ):ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 23rd day of September, 2003 BRENDA R. TAYLO ' t CLERK ORDINANCE NO. 1986 AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 42 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNING THE SIZE, LOCATION, AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19 -2402 R.R.S. Neb. 1943. That said water main extension shall commence at the existing water mains as described in Section 3 hereof; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Water Extension District No. 42, the outer boundaries of which are included in the following described real estate, to -wit: Tax Lots 92, 84, 104, 95, 93, 94 and 96 in Section 23, Township 18 North, Range 11 East of the 6 P.M., Blair, Washington County, Nebraska; SECTION 3. The size, location, and terminal points of the proposed improvements for Water Extension District No. 41 are described as follows: Size and Type of Material: Six inch (6 ") P.V.C. or ductile iron water main with fire hydrants and valves. Location and Terminal Points: The location and terminal point of the proposed improvements shall be from Highway 30 westerly along Pittack Street right -of -way, City of Blair, Washington County, Nebraska. SECTION 4. A more detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16 Street, Blair, Nebraska 68008. In addition, the contract documents may be obtained from of Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266, 515- 225 -8000 upon payment of twenty -five dollars 1 ($25.00) for each set. Said plans and specifications for the specific sizing of pipes and mains as shown above. Reference should be made to said plans and specifications for the specific sizing of pipes and mains as shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as heretofore filed with the City. Clerk for Water Extension District No. 42 is $28,960.00. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. ATTEST: PASSED AND APPROVED this 23'' day of September, 2001 (SEAL) BRENDA R. TAYLO CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the mayor and City Council of said City held on the 23" day of September, 2003. /t. BRENDA R. TAYLOR, CLERK ORDINANCE NO. 1987 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 61 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION, AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS . AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary system beyond the existing system by the construction of sanitary sewer mains pursuant to the authority granted by Section 19 -2402 R. R. S. Neb. 1943. That said sanitary sewer extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer Extension District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Sanitary Sewer Extension District No. 61, said sanitary sewer extension district: to include the outer boundaries of the following described real estate, to -wit: Tax Lots 92, 84, 104, 95, 93, 94 and 96 in Section 23, Township 18 North, Range 11 East of the 6 P.M., Blair, Washington County, Nebraska; SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No.61 are described as follows: Size and Tv ne of Material: Eight inch (8 ") P.V.C. sanitary sewer main with manholes. Location and Terminal Points: The location and terminal point of the proposed improvements shall be from Highway 30 westerly along Pittack Street right -of- way, City of Blair, Washington County, Nebraska. SECTION 4. A more detailed description of the proposed improvements is . shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16 Street, Blair, Nebraska 68008. In addition, the contract documents may be obtained from of Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266, 515- 225 -8000 upon payment of twenty -five dollars ($25.00) for each set. Said plans and specifications for the specific sizing of pipes and mains as shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed sanitary sewer improvements as heretofore filed with the City Clerk for Sanitary Sewer District No. 61 is $34,066.00. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 23rd day of September, 2003. ATTEST: BRENDA R. TAYLOR, Y 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 23rd day of September, 2003. CITY OF BLAIR, NEBRASKA 2 BRE/t5A R. TAYLOR, C LERK AN ORDINANCE AMENDING SECTION 9 -103 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA TO MAKE THE BLAIR HOUSING BOARD OF APPEALS THE APPEAL BODY FOR DECISIONS MADE BY THE CITY OF BLAIR BUILDING INSPECTOR BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE C_ ITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 9 -103 of the Municipal Code Ordinance of the City of Blair, Nebraska is hereby amended as follows, to -wit: ORDINANCE NO. 1988 BUILDING INSPECTOR; APPEAL FROM DECISION: In the event it is claimed that the true intent and meaning of this Chapter has been wrongly interpreted by the Building Inspector; that the time allowed for compliance with any order of the Building Inspector is too short; or that conditions peculiar to a particular building make it unreasonably difficult to meet the literal requirements prescribed by this Chapter and the Building Inspector, the owner, his or her agent, or the occupant may file a notice of appeal within ten (10) days after the decision or order of the Building'In`spector has been made. The Blair Housing Board of Appeals shall sit and act as the Municipal Board of Appeals and shall have the power and authority, when appealed to, to modify the decision or order of the Building Inspector except as to zoning and subdivision matters. Such a decision shall be final, subject only to any remedy which the aggrieved person may have at law or equity. Applications for review shall be in writing and shall state the reasons why the variance should be made. A variance shall be granted only where it is evident that reasonable safety and sanitation is assured and may include conditions not generally specified by this Code to achieve that end. A copy of any variance so granted shall be sent to both the Building Inspector and the applicant. 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 28 day of October, 2003. CITY OF BLAIR, NEBRASKA By . REALPH, 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 28th day of October, 2003. BINDA R. TAYLO TY CLERK AI l EST: (SEAL) ORDINANCE NO. 1989 AN ORDINANCE APPROVING THE PURCHASE OF TAX LOT 63 IN SECTION 12, TOWNSHIP 18, RANGE 11, IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM ELLEN EPPERSON FOR THE SUM OF $117,000.000; 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 Ellen Epperson. 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 25th day of November, 2003. CITY OF BLAIR, NEBRASKA By R. J�. REALPH, MAYOR PURCHASE AGREEMENT— Real Estate November A 9 , 2003 This Purchase Agreement made and entered into by and between Ellen Epperson, a single person hereinafter referred to as "Seller", and the City of Blair, Nebraska, hereinafter referred to as "Buyer". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate. BC Tax Lot 63 in Section 12, Township 18, Range 11 112 PC3 Washington County, Blair, Nebraska 2. Purchase Price and Terms of Payment. The purchase price paid to Seller for the aforesaid real estate and personal property being purchased by the Buyer is One Hundred Seventeen Thousand Dollars and No /100's ($117,000.00) cash. 3. Closing Date. The closing date for the transaction shall be on or before 31 , 2003. Closing shall occur at City of Blair offices, 218 S. 16 St., Blair, NE 68008. The cost of escrow closing shall be equally divided between Buyer and Seller. 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, showing good and marketable title in Seller, and the policy of title insurance shall be issued by said title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this Agreement. Seller and Buyer agree to equally divide the total cost of the title insurance premium. 5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased,. Seller shall cause to be conveyed. to Buyer conveying marketable fee simple title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2002 and all prior years shall be paid by Seller. Real estate taxes for 2003 -2004 shall be prorated to the date of possession. (Basis for the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 1 7. Possession. Seller shall have exclusive possession of the property until 45 days after the date of closing, but no later than March 15, 2004. Any risk of loss to the property shall be borne by Seller until possession has been turned over to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. Seller shall assume all risk of loss until the date of transfer of possession. Seller shall obtain a renter's insurance policy to cover any loss from the date of closing until the transfer of possession and shall provide proof of same to Buyer. 8. Snecific Performance It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Hazardous Material: No hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum product has been released into the environment, discharged, placed or disposed of at, near, on or under the surface of the Property. The Property has not been used at any time by any person as a landfill or waste disposal site. There are no underground tanks or other storage units which have or have had any hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored therein. No claims, litigation, or administrative proceedings are pending or threatened, and no judgments or orders have been entered relating to any hazardous substance, hazardous waste, discharge, emission or other form of pollution relating in any wary to the Property. No hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act, as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated, manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near the Property. 12. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) Buyer agrees to pay for the cost of the Purchase Agreement (c) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations , agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. 2 Byoy . _, SELLER ATTEST: e(l44) erwsoi\ STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me on Ah, J ..L-t 2003, by fEST: I. City Clerk STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me on NOWAY \ ber ,Q , 2003, by idra&S keolo. AGENERALNOTAFtY•srogeombral PEGGY J. FRAHM v My Comm. Exp. June 20, 2004 3 AXI1 87e 0 '!A "IR , 1 OV '400it CITY OF l3LAIR, NEBRASKA, Buyer otAry AL Public 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 25th day of November, 2003. BRENDA R. TAYLOR, C CLERK. ORDINANCE NO. 1990 AN ORDINANCE APPROVING THE PURCHASE OF THE RELEVANT PORTIONS OF TAX LOT 200, IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM KEVIN WEHRLI, A SINGLE PERSON FOR THE SUM OF $35,640.00 AND OTHER VALUABLE CONSIDERATION; 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 Kevin Wehrli. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in hill. force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th day of December, 2003. CITY OF BLAIR, NEBRASKA ATTEST: (SEAL) • JANN E. REALPH, 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 9th day of December, 2003. BkNDA R. TAYL TTY CLERK. This Purchase Agreement made and entered into by and between Kevin Wehrli, a single person hereinafter referred to as "Seller", and the City of Blair, Nebraska, hereinafter referred to as "Buyer". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Leaal Description of Real Estate. PURCHASE AGREEMENT— Real Estate December 15, 2003 The W 60' of Tax Lot 200, Section 12, Township 18, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska; and a tract of land as measured from the West line of the SW1 /4 SE1 /4 of Section 12, Township 18 North, Range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska, described as follows: the West 60 feet of the Northeasterly Half of the railroad right of way as it existed on March 1, 1980, immediately adjacent to Tax Lot 200 in said Section 12, Township 18 North, range 11 East of the 6 P.M., in the City of Blair, Washington County, Nebraska. 2. Purchase Price and Terms of Payment. The purchase price paid to Seller for the aforesaid real estate and personal property being purchased by the Buyer is Thirty -Five Thousand Six Hundred Forty Dollars and No /100's ($35,640.00) cash. In addition to the purchase price the Buyer agrees to plant up to 40 4'ft tall pine trees on Sellers remaining property. 3. Closina Date. The closing date for the transaction shall be on or before January 7, 2004. Closing shall occur at the office of Johnson & Mock, 1909 South Street, Blair, NE 68008. The cost of escrow agent closing fee shall be equally divided between Buyer and Seller. 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, showing good and marketable title in Seller, and the policy of title insurance shall be issued by said title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this Agreement. Seller and Buyer agree to equally divide the total cost of the title insurance premium. 5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to be conveyed to Buyer conveying marketable fee simple title in and to said real estate described hereinabove, by proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2003 and all prior years shall be paid by Seller. Real estate taxes for 2004 shall be prorated to the date of possession. (Basis for 1 the proration shall be the most recent real estate tax statement.) The Buyers shill pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 7. Possession. Seller shall have exclusive possession of the property until the date of closing. Any risk of loss to the property shall be borne by Seller until possession has been turned over to Buyer. Buyer shall assume all risk of loss from and after the date of closing. 8. Specific Performance. It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Hazardous Material: No hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum product has been released into the environment, discharged, placed or disposed of at, near, on or under the surface of the Property. The Property has not been used at any time by any person as a landfill or waste disposal site. There are no underground tanks or other storage units which have or have had any hazardous or toxic material, substance, pollutant, contaminant, waste, asbestos, or petroleum products stored therein. No claims, litigation, or administrative proceedings are pending or threatened, and no judgments or orders have been entered relating to any hazardous substance, hazardous waste, discharge, emission or other form of pollution relating in any wary to the Property. No hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act, as amended, 42 U.S.C, §§ 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C, §§ 9601 et seq., has been generated, manufactured, refined, transported, treated, stored, handled or disposed of on, at, under or near the Property. 12. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) Buyer agrees to pay for the cost of the Purchase Agreement (c) Buyer and Seller shall split equally the costs associated with the closing agent. (d) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. 2' Kevin Wehrli, a single person, SELLER A'1 "1'EST: t STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on r2si.c.e,,.j c-i 612003, by Kev r >1 Loci.,, I AI LEST: GENERAL NOTARY-State of Nebraska ROSE MARIE MUMMER My Comm. Exp. Doc. 25, 2004 le 44_ City Clerk STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on by 3 er C-, 2 e4 tc k M .,� n't plm eENERAL NOTARY - dNeed PEGGY J. FRAHM My Comm. Exp. June 20, 200 3 CITY OF BLAIR, NEBRASKA, Buyer H, Mayor /151_rp - '► r,1 , 2003, Li),„) otary Public 4.