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
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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
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31 '
32 1
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36
37
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After After
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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.