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2004
2004 Ordinances 1991 Vacation of city right of way —Lot 9 in Block 8 Dexter's 5019 Addition -2362 Nebraska Street 1992 Annexation of TL 94 S23- 18 -R11 — Belair Subdivision 1 Reading 5028 2nd Reading 5035 Final Reading 5041 1993 Creation of Sanitary Sewer District 62 -Grant Street 5035 1994 Creation of Sanitary Sewer District 63- Jackson Street 5036 1995 Fixing Compensation for Council members — FAILED 5042 1996 Fixing Compensation for Mayor — FAILED 5042 1997 Fireworks — Terms Defined 5046 1998 Fireworks — Days and Hours of Sale 5046 1999 Fireworks — Insurance Required 5046 2000 Fireworks — License Required 5047 2001 Fireworks — Sales and Storage; Location, safety 5047 2002 Fixing Compensation for Council member - FAILED 5051 2003 Fixing Compensation for Mayor — FAILED 5051 2004 Adopting 2003 International Property Maintenance Code First Reading 5056 Second and Final Reading 5060 2005 Rezoning Lots at 1843 South Street and 1857 South St. 5057 FAILED 2006 Create City Tow Lot 5063 2007 Create Sanitary Sewer Extension District #64- Skyline 5069 2008 Rezone TL 189, S14- T18 -R11 (1050 S. Hwy. 30) 5071 2009 Ordinance Adding Section 6 -326 -1 to the Municipal Code Allowing for declaration of a snow emergency Passed on First Reading 5087 Passed on Second Reading 5090 Passed on Final Reading 5095 2010 Annual Appropriation Bill 5088 2011 Amend Section 4 -506 of Municipal Code regarding 5090 Nuisances, weeds, grasses, and worthless vegetation 2012 Annexation of Lot 2 of Adamson's Wyngate Subdivision Passed on First Reading 5091 Passed on Second Reading 5096 Passed on Final Reading 6003 2013 Fixing compensation for council members — FAILED 6004 2014 Fixing compensation for mayor — FAILED 6004 2015 Fixing compensation for council members — FAILED 6007 2016 Fixing compensation for mayor — FAILED 6008 2017 Issuing Series 2004 Sewer System Revenue Ref Bonds 6013 2018 Sale of Lot 34, Ridgeview to Jon and Carrie Stewart 6014 2019 Sale of Lots 1,2, & 3, Blk 84 Third Addition -10 & Wash. St 6018 2020 Vacating TL 60, 87 and Lot 3 of Bella Vista Addition 6021 And annexing Lot 3 Bella Vista First Addition AN ORDINANCE VACATING THE FOLLOWING DESCRIBED PROPERTY: THE WEST 10.00 FEET OF THE DEDICATED RIGHT OF WAY OF 24 STREET LYING ADJACENT TO AND ABUTTING THE WEST LINE OF LOT 9 IN BLOCK 8 DEXTER'S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The following described property: the East 10.00 feet of the dedicated right of way of Twenty -Fourth Street lying adjacent to and abutting the West line of Lot 9 in Block 8, Dexter's Addition to the City of Blair, Washington County, Nebraska, (See Exhibit A attached hereto and incorporated herein by reference) is hereby 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. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 13th day of January, 2004. ATTEST: BRENDA R. TAYLOfITY LERK (SEAL) ORDINANCE NO. 1991 CITY OF BLAIR, NEBRASKA JAICQE E. REALPII, MAY R 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 13th day of January, 2004 BRENDA R. TAYLOR, Co► CLERK VV 7 X it j 144- 4 .,... ,,,, zi , CI) /50.0 ,s 4,3,,, ,/,/,_,...,:p0., .,. .z, ...,. ..:_.__, 2 in in /8 o Lu lu o ti 60.0' ! „ 1 so. o ' 3 o 60 © 4 PO DEXTERSE V...) J 36 0.0' d ,) O 10( 60.0,' , 3 a ��c 6 ._ " 60.0' 30' 75. 20 ' 57.0 ' 30' 0 1 75.0 57.0 5-0 4� 54.0 LABS -,VS • � 6 3 at ' 'r ( 322 zll�k� .i? 4�.°' a a 322 T /9N 0067 O O 6 0.0' „ 0 >• Z ry tn 'll! 60.0 f 60.0' AG. / 0 z 1 o 7;'z(, a 60,0' p� 60. O' /0' be yce,4 6'0.o 1 3 60.0 c,— /2 a 2 60.0 p ti v _30 30' /'ARK h 75' /50.0 /50,0 ' /50.0 / 75' h A32,1 15< 0 ',„q3o4 NEBRASKA /50.0' 13 Z • i 2 2< 80' ' 3- 676 - 1 k W ORDINANCE NO. 1992 AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS A SUBDIVISION OF A PORTION OF TAX LOT 94, LYING IN THE N1 /2 OF THE SE1 /4 OF THE NW1 /4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, WHICH WILL BECOME LOT 2 BELAIR SUBDIVISION, IN BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above is adjacent and contiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tracts of real estate described as: a portion of Tax Lots 94, lying in the N1/2 of the SE1 /4 of the NW1 /4 of Section 23, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska. (To become Lot 2, Belair Subdivision in Blair, Washington County, Nebraska.) SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described tracts of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 9th day of March, 2004. CITY OF BLAIR, NEBRASKA BY t c_ JA. REALPH, MAYOR ATTEST: BRENDA R. TAYLOI J CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 9 day of March, 2004. 2 BRENDA R. TAYLOR, GITk CLERK ORDINANCE NO. 1993 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 62 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. 62, said sanitary sewer extension district the outer boundaries of which shall include the following described real estate, together with the streets upon which said properties directly abut, to -wit: Tax Lot 270 — 10.01 acres; Tax Lot 271 — 20.66 acres; Tax Lot 269 — 2.11 acres and Tax Lot 170 — 0.8 acres all in Section 7, Township 18 North, Range 12 E 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.62 are described as follows: Size and Tyne 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 approximately 1100 feet east of Industrial Drive Westerly along the North right of way of Grant Street for approximately 1150 feet, 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 1 South 16 Street, Blair, 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. 62 is $47,937.00. 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. (SEAL) PASSED AND APPROVED this 24th day of February, 2004. ATTEST: BRENDA R. TAYLO' CITY CLERK STATE OF NEBRASKA ) WASHINGTON COUNTY ) :ss: CITY OF BLAIR, NEBRASKA JA Ib4ES 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 at a regular meeting of the Mayor and City Council of said City held on the 24th day of February, 2003. 2 BRENDA R. TAYLOR, CI CLERK • 4 ORDINANCE NO. 1994 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 63 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. 63, said sanitary sewer extension district the outer boundaries of which shall include the following described real estate, together with the streets upon which said properties directly abut, to -wit: D Tax Lot 471 in Section 11, Township 18 North Range 11 East of the 6th P.M. D All of Block 18 in Dexter's First Addition D All of Block 7 in Dexter's First Addition D Lots 10 -12, Block 17 in Dexter's First Addition All in Washington County, Blair, Nebraska SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No.63 are described as follows: Size and Type 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 the intersection of 23 and Jackson Streets westerly to the west side of the right of way of 24 Street at Jackson Street intersection Blair, Washington County, Nebraska. 1 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. 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. 63 is $23,675.00. 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. ATTES (SEAL) PASSED AND APPROVED this 24th day of February, 2004. BRENDA R. TAYLOR, ¢J7t'Y CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA J�. 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 at a regular meeting of the Mayor and City Council of said City held on the 24th day of February, 2003. 1� BRENDA R. TAYLOR, CITY/ 'LERK 2 ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER ABBOTT BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. ORDINANCE NO. 1995 AN ORDINANCE FIXING THE COMPENSATION FOR MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1.That, commencing on December 14, 2004, the salary of all members of the City Council of the City of Blair, Nebraska, shall be set as follows: Elected Official Annual Salary Council Member $7,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salaries set forth In Section 1 herein above shall be the total compensation for each respective elected office. SECTION 3.Any member of the City Council shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. any member of the City Council) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTION 5.A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of . 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of , 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER BIFFAR BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. ORDINANCE NO. 1996 AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, commencing on December 12, 2006, the salary of the Mayor of the City of Blair, Nebraska, shall be set as follows, to -wit: Elected Official Annual Salary Mayor $9,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salary set forth In Section 1 herein above shall be the total compensation for the respective elected office. SECTION 3. The Mayor of the City of Blair shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. Mayor) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile milage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of , 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of , 2004. BRENDA R. TAYLOR, CITY CLERK AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: follows: ORDINANCE NO. 1997 SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -401 TERMS DEFINED. "Fireworks" shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation, and as may be otherwise defined in Titles 49 or 16 of the Code of Federal Regulations. "License" shall mean a permit issued by the City authorizing the licensee to engage in the business of retail sales of fireworks within its corporate limits, but not within its extraterritorial jurisdiction, all as permitted or limited by Nebraska state statutes. "Outlet" shall mean a location or place of business within this city at which the licensee is authorized to engage in the retail sale of fireworks. "Permissible Fireworks" shall mean only sparklers, Vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charge for the purpose of making a noise, lady fingers not to exceed 50 milligrams in weight, color wheels, and any other fireworks approved by the state fire marshal by virtue of Neb. Rev. Stat. §28 -1247. It shall also include poppers, caps, and fireworks of any description which are authorized for possession and use at (a) exhibitions or displays approved by the state fire marshal and (b) public exhibitions and displays held under the auspices of any governmental subdivision of this state and which otherwise conform to all laws, rules and regulations. "Sale" shall mean barter, exchange or gift or offer thereof and each such transaction made by person, whether as principal, proprietor, agent, servant or employee. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: BRENDA R. TAYLOR,,C Y CLERK (SEAL) PASSED AND APPROVED this 23rd day of March, 2004. STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA JA 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 23rd day of March, 2004. BRENDA R. TAYLOR, COY CLERK AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: follows: SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 23rd day of March, 2004. ATTE /ST: f � Y / / 7 BRENDA R. TAYLOR, CI,T'/CLERK (SEAL) ORDINANCE NO. 1998 SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -402 DAYS AND HOURS OF SALE. It shall be unlawful for any person to sell fireworks at retail within the City upon days other than between June 25 and July 4"', including both of said dates, of each year. The hours for the sale of fireworks shall be from 8:00 a.m. to 10:00 p.m. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. CITY OF BLAIR, NEBRASKA Bv\ JAMS . tcEALPH, MAYOR1'� 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 March, 2004. BREN , R. TAYLOR, CITr RK follows: ORDINANCE NO. 1998 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -402 DAYS AND HOURS OF SALE. It shall be unlawful for any person to sell fireworks at retail within the City upon days other than between June 25 and July 4 including both of said dates, of each year. The hours for the sale of fireworks shall be from 8:00 a.m. to 10:00 p.m. 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 23rd day of March, 2004. ATTEST: BRENDA R. TAYLOR, C1T LER (SEAL) CITY OF BLAIR, NEBRASKA JA S 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 23rd day of March, 2004. BR DA R. TAYLOR, C CLERK ORDINANCE NO. 1999 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: follows: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -404 INSURANCE REQUIRED. Prior to the granting of any license to sell fireworks within the city, each applicant must present to the city clerk a certificate of insurance or an actual policy, under -written by a company authorized to do business within this state, demonstrating that the applicant has and carries liability insurance, currently effective for the year of the license applied for, and in the following minimum amounts $250,000 for bodily injury to each person, $500,000 for bodily injury to all persons injured in one occurrence and $100,000 for property damage coverage for any liability incurred through the operation of said fireworks sales; said policy providing additional coverage for the city and its duly elected and appointed officers, and further providing that the City shall be entitled to receive written notice of policy cancellation reasonably in advance of such action. 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 23rd day of March, 2004. ATTEST: BRENDA R. TAYLOR, CITY,- LERK (SEAL) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA CITY OF BLAIR, NEBRASKA ES .. 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 23r day of March, 2004. / - BRENDA R. TAYLOR, CITY C RK ORDINANCE NO. 1999 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: follows: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -404 INSURANCE REQUIRED. Prior to the granting of any license to sell fireworks within the city, each applicant must present to the city clerk a certificate of insurance or an actual policy, under -written by a company authorized to do business within this state, demonstrating that the applicant has and carries liability insurance, currently effective for the year of the - license applied for, and in the following minimum amounts $250,000 for bodily injury to each person, $ 500,000 for bodily injury to all persons injured in one occurrence and $100,000 for property damage coverage for any liability incurred through the operation of said fireworks sales; said policy providing additional coverage for the city and its duly elected and appointed officers, and further providing that the City shall be entitled to receive written notice of policy cancellation reasonably in advance of such action. 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 23rd day of March, 2004. ATTEST: (SEAL) BRENDA R. TAYLOR, CI I CLERK STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA E. REALPH, MAYO 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 23r day of March, 2004. I 7? BRENDA R. TAYLOR, CIT CLERK follows: ORDINANCE NO. 2000 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -405 LICENSE REOUIRED. In addition to any license to sell fireworks which may be required to be issued by the state fire marshal pursuant to the Revised Statutes of Nebraska, it shall be unlawful for any person to sell or engage in the sale of fireworks within the city limits of Blair, Nebraska without first having obtained a license issued by the City Clerk and payment of an annual license fee in the amount of $5,000.00 for each retail outlet. The applicant /license holder must be a non - profit entity that is located within the City of Blair, Nebraska. Each License must be received at the City of Blair Offices on or before April 12, 2004 and each year thereafter must be received between February 1 and March 1 of that calendar year at the City of Blair Offices. Each license issued shall be valid only for the calendar year in which it is issued and shall be displayed at all times within the outlet of the license holder, to which each applies. If there are more applications than licenses available, each eligible applicant who has filed its completed application in a timely fashion shall have its name submitted to a lottery wherein the license holders for that year shall be drawn by the City Clerk. If required the lottery will be on or before March 15 of each year, except the 2004 lottery drawing shall be held on April 13. An individual entity shall be allowed to submit more than one application for a license and one entity may hold up to 3 licenses. Each application must be accompanied by a bank draft or certified cashiers check in the amount of the annual license fee. If an application is not accompanied by an appropriate bank draft or certified cashiers check the application is incomplete and will not be accepted. 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 23rd day of March, 2004. CITY OF BLAIR, NEBRASKA ATTEST: 7 BRENDA R. TAYLOR, CITX CLERK (SEAL) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA JA i E E. R ALPH, MAYOR BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 23rd day of March, 2004. BRENDA R. TAYLOR, CITA' °LERK follows: ORDINANCE NO. 2000 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -405 LICENSE REOUIRED. In addition to any license to sell fireworks which may be required to be issued by the state fire marshal pursuant to the Revised Statutes of Nebraska, it shall be unlawful for any person to sell or engage in the sale of fireworks within the city limits of Blair, Nebraska without first having obtained a license issued by the City Clerk and payment of an annual license fee in the amount of $5,000.00 for each retail outlet. The applicant/license holder must be a non - profit entity that is located within the City of Blair, Nebraska. Each License must be received at the City of Blair Offices on or before April 12, 2004 and each year thereafter must be received between February 1 and March 1 of that calendar year at the City of Blair Offices. Each license issued shall be valid only for the calendar year in which it is issued and shall be displayed at all times within the outlet of the license holder, to which each applies. If there are more applications than licenses available, each eligible applicant who has filed its completed application in a timely fashion shall have its name submitted to a lottery wherein the license holders for that year shall be drawn by the City Clerk. If required the lottery will be on or before March 15 of each year, except the 2004 lottery drawing shall be held on April 13. An individual entity shall be allowed to submit more than one application for a license and one entity may hold up to 3 licenses. Each application must be accompanied by a bank draft or certified cashiers check in the amount of the annual license fee. If an application is not accompanied by an appropriate bank draft or certified cashiers check the application is incomplete and will not be accepted. ATTEST: (SEAL) SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 23rd day of March, 2004. CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) J 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 23rd day of March, 2004. RENDA R. TAYLOR, CITY CLERK i l g i t follows: ORDINANCE NO. 2001 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -406 SALES AND STORAGE: LOCATION PERMITTED, SAFETY. No fireworks shall be stored within or without, nor displayed at or sold from, any building structure, stand or otherwise, whether or not the same is licensed outlet, within 100 feet from any service station or other establishment selling or storing gasoline, kerosene or other flammable or explosive liquids, gases or other combustible materials, nor within or without, displayed at or sold from, any structure or building of a permanent nature; and may be sold only from a temporary structure or stand erected and used solely for such purposes only at the Veterans Memorial Field parking area located at 13 & Butler Streets in the City of Blair. Said location will safely hold a maximum of three (3) fireworks outlets. Except as otherwise exempted or permitted by this Ordinance, the location, placement and use of all licensed outlets shall be governed by applicable zoning, building and subdivision codes which have been, or may in the future be, adopted by the City of Blair. Reasonable discretion is hereby vested in and delegated to the City Clerk with reference to the granting or disapproval of all applications for fireworks licenses, and the physical placement of temporary structures or stands upon all premises intended to be licensed and used for the sale of fireworks. All licensed sales and storage outlets shall be subject to inspection at all times by the Fire Chief, Building Inspector and State Fire Marshal. 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 23rd day of March, 2004. ATTEST: E NDA R. TAYLOR, Y CLERK (SEAL) ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA CITY OF BLAIR, NEBRASKA 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 23rd day of March, 2004. 1 /r BRENDA R. TAYLOR, CITY LERK follows: ORDINANCE NO. 2001 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as "Section 7 -406 SALES AND STORAGE: LOCATION PERMITTED, SAFETY. No fireworks shall be stored within or without, nor displayed at or sold from, any building structure, stand or otherwise, whether or not the same is licensed outlet, within 100 feet from any service station or other establishment selling or storing gasoline, kerosene or other flammable or explosive liquids, gases or other combustible materials, nor within or without, displayed at or sold from, any structure or building of a permanent nature; and may be sold only from a temporary structure or stand erected and used solely for such purposes only at the Veterans Memorial Field parking area located at 13 & Butler Streets in the City of Blair. Said location will safely hold a maximum of three (3) fireworks outlets. Except as otherwise exempted or permitted by this Ordinance, the location, placement and use of all licensed outlets shall be governed by applicable zoning, building and subdivision codes which have been, or may in the future be, adopted by the City of Blair. Reasonable discretion is hereby vested in and delegated to the City Clerk with reference to the granting or disapproval of all applications for fireworks licenses, and the physical placement of temporary structures or stands upon all premises intended to be licensed and used for the sale of fireworks. All licensed sales and storage outlets shall be subject to inspection at all times by the Fire Chief, Building Inspector and State Fire Marshal. 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 23rd day of March, 2004. ATTEST: BRENDA R. TAYLOR, Y CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA E. REALPH, MAO- 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 March, 2004. BRENDA R. TAYLOR, C,IT CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER BIFFAR BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. - APRIL 13, 2004 ORDINANCE NO. 2002 AN ORDINANCE FIXING THE COMPENSATION FOR MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1.That, commencing on December 14, 2004, the salary of all members of the City Council of the City of Blair, Nebraska, shall be set as follows: Elected Official Annual Salary Council Member $7,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salaries set forth In Section 1 herein above shall be the total compensation for each respective elected office. SECTION 3.Any member of the City Council shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. any member of the City Council) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTION 5.A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of , 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA. ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of , 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER BIFFAR BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. - APRIL 13, 2004 ORDINANCE NO. 2002 AN ORDINANCE FIXING THE COMPENSATION FOR MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1.That, commencing on December 14, 2004, the salary of all members of the City Council of the City of Blair, Nebraska, shall be set as follows: Elected Official Annual Salary Council Member $7,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salaries set forth In Section 1 herein above shall be the total compensation for each respective elected office. SECTION 3.Any member of the City Council shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. any member of the City Council) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTION 5.A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. 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 , 2004. ATTEST: BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of . 2004. BRENDA R. TAYLOR, CITY CLERK 4 ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER BIFFAR BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED - APRIL 13, 2004 ORDINANCE NO. 2003 AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, commencing on December 12, 2006, the salary of the Mayor of the City of Blair, Nebraska, shall be set as follows, to -wit: Elected Official Annual Salary Mayor $9,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salary set forth In Section 1 herein above shall be the total compensation for the respective elected office. SECTION 3. The Mayor of the City of Blair shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. Mayor) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile milage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of . 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) )as: 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 day of , 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER BIFFAR BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED - APRIL 13, 2004 ORDINANCE NO. 2003 AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, commencing on December 12, 2006, the salary of the Mayor of the City of Blair, Nebraska, shall be set as follows, to -wit: Elected Official Annual Salary Mayor $9,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salary set forth In Section 1 herein above shall be the total compensation for the respective elected office. SECTION 3. The Mayor of the City of Blair shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. Mayor) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile milage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of , 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of , 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE NO 2004 AN ORDINANCE AMENDING SECTION 9 -202 OF THE CITY OF BLAIR MUNICIPAL CODE BY ADOPTING THE 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Section 9 -202 of the City of Blair Municipal Cod is hereby amended to read as follows: Sec 9 -202 INTERNATIONAL PROPERTY MAINTENANCE CODE: ADOPTED BY REFERENCE. That the above - described Code, a copy of which is kept on file in the office of the City Clerk of the City of Blair, Nebraska, being marked and designated as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code for the City of Blair, Nebraska, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; �ti a3 l nib .i i regulations, provisions, penalties, conditions and 1crrns of s• id-Prop 'ty Maintenance Code on file in the office of the City of Blair, Nebraska are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance. SECTION 2. The above referenced code shall be amended as follows: Section 103.1 Shall be eliminated Section 103.2 Shall be amended to state that the Assistant City Administrator or his/her designee shall serve as the Code Official for the City of Blair. Section 103.3 Shall be amended to state the Code Official shall have the authority to designate technical officers, inspectors and other employees. Section 111.1 Board of Appeals shall be the same as the City of Blair Housing Appeal Board. Section 111.2 Shall be amended to read as follows: The Code Official shall be an ex- official member, but shall have no vote on any matter before the Housing Appeal Board. Section 111.2.1 Shall be eliminated Section 111.2.4 The Code Official shall designate a qualified person and secretary. Section 111.2.5 Shall be amended to state that all Board Members shall serve without compensation. Section 302.4 Shall state plant growth in excess of 12" in height. SECTION 3. This Ordinance shall repeal and replace Ordinance No. 1826 of the City of Blair, Nebraska, once it becomes enacted. SECTION 4. That Ordinance No. 1826 of the City of Blair, Nebraska entitled 1997 Uniform Building Code: Dangerous Building Code and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Blair, Nebraska hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 7. That the City Clerk is hereby ordered and directed to cause this ordinance to be published in pamphlet form. SECTION 8. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect June 1, 2004, from and after the date of its final passage and adoption. ATTEST: ',Zit/ BRENDA R. TAYLO • TY CLERK (SEAL) PASSED AND APPROVED this 1 lth day of May, 2004. ) :ss: WASHINGTON COUNTY ) STATE OF NEBRASKA CITY OF BLAIR, NEBRASKA Jkl S E. REALPH, MAYQi 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 thel h day of May, 2004. BR NDA R. TAYLOR, CLERK ORDINANCE NO 2004 AN ORDINANCE AMENDING SECTION 9 -202 OF THE CITY OF BLAIR MUNICIPAL CODE BY ADOPTING THE 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Section 9 -202 of the City of Blair Municipal Cod is hereby amended to read as follows: Sec 9 -202 INTERNATIONAL PROPERTY MAINTENANCE CODE: ADOPTED BY REFERENCE. That the above - described Code, a copy of which is kept on file in the office of the City Clerk of the City of Blair, Nebraska, being marked and designated as the International Property Maintenance Code, 2003 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code for the City of Blair, Nebraska, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each -all -of the regulations, provisions penallie ,• conditio1 and P rms of said Preporty Maintenance Code on file in the office of the City of Blair, Nebraska are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance. SECTION 2. The above referenced code shall be amended as follows: Section 103.1 Shall be eliminated Section 103.2 Shall be amended to state that the Assistant City Administrator or his/her designee shall serve as the Code Official for the City of Blair. Section 103.3 Shall be amended to state the Code Official shall have the authority to designate technical officers, inspectors and other employees. Section 111.1 Board of Appeals shall be the same as the City of Blair Housing Appeal Board. Section 111.2 Shall be amended to read as follows: The Code Official shall be an ex- official member, but shall have no vote on any matter before the Housing Appeal Board. Section 111.2.1 Shall be eliminated Section 111.2.4 The Code Official shall designate a qualified person and secretary. Section 111.2.5 Shall be amended to state that all Board Members shall serve without compensation. Section 302.4 Shall state plant growth in excess of 12" in height. SECTION 3. This Ordinance shall repeal and replace Ordinance No. 1826 of the City of Blair, Nebraska, once it becomes enacted. SECTION 4. That Ordinance No. 1826 of the City of Blair, Nebraska entitled 1997 Uniform Building Code: Dangerous Building Code and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Blair, Nebraska hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 7. That the City Clerk is hereby ordered and directed to cause this ordinance to be published in pamphlet form. SECTION 8. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect June 1, 2004, from and after the date of its final passage and adoption. ATTEST: (SEAL) PASSED AND APPROVED this 1 l th day of May, 2004. `mot fj , BRENDA R. TAYLOR, LGfTY CLERK STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA JAG[ S E. REALPH, M 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 thel 1 t day of May, 2004. 1 BRENDA R. TAYLOR, t T CLER THIS ORDINANCE WAS INTRODUCED ON MAY 11, 2004 BUT FAILED BY THE FOLLOWING VOTE: VOTING AYE: SCHEVE AND BIFFAR; VOTING NAY: STEWART, FANOELE, SHOTWELL, ABBOTT, WOLFF AND MCMANIGAL. ORDINANCE NO. 2005 AN ORDINANCE REZONING THE NORTH 115 FEET OF LOT 7, BLOCK 113 AND THE EAST 50 FEET, NORTH 210 FEET OF LOT 8, BLOCK 113 AND THE SOUTH 331.3 FEET OF LOTS 7 AND 8 AND WEST 50 FEET, NORTH 210 FEET OF LOT 8, BLOCK 113, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM RMH — MULTI-FAMILY RESIDENTIAL HIGH DENSITY DISTRICT TO CL — LIMITED COMMERCIAL DISTRICT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT - ORDAINED ?Y THE MAYOR AND ..CITY "°_ OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of real estate, in Washington County, Nebraska from Multi- family, High Density Residential to CL- Limited Commercial District. See Exhibit "A" attached thereto and duly improvements herein by reference. SECTION 2. Be if 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 April, 2004. ATTEST: BRENDA R. TAYLOR, CITY CLERK (SEAL) STATE nom, :ss: COUNTY OF WASHINGTON ) CITY OF BLAIR, NEBRASKA BY JAMES 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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of April, 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE NO. 2006 AN ORDINANCE TO CREATE A CITY TOW LOT AND ISSUES RELATED THERRETO WITHIN THE CITY OF BLAIR, NEBRASKA, TO BE OPERATED BY THE CITY OF BLAIR, AND TO AUTHORIZE THE IMPLEMENTATION OF RULES AND REGULATIONS RELATING TO SAID CITY TOW LOT; 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: Whereas the City of Blair, Nebraska, in the interest of public health and safety has deemed it beneficial to the citizens of Blair, Nebraska, to create a City Tow Lot to be owned and operated by the City of Blair, on city owned property. Furthermore, the City Clerk is authorized to implement rules and regulations related to said City Tow Lot including but not limited to hours of operation and said rules and regulations shall be kept at the Blair City Offices, furthermore, the following sections are created to govern the towing of vehicles to the City Tow Lot and issues related thereto. Article 12, Section 3 -1201 Towing of Vehicles Authorized Whenever the city clerk, police, city public works director, parks & recreation director, or other authorized city representative determines that any vehicle, or parts thereof, causes imminent danger to public health, safety of welfare, or is in violation of city ordinances or state statutes he many cause the immediate removal of the vehicle or parts thereof at the expense of the owner or person in control of the land on which such vehicle, or parts thereof, is found, or at the expense of the owner of the vehicle or at the expense of both of them. Whenever any vehicle is found coming under the provision of this section, the same shall be removed by a police officer and taken by him, or others acting under his supervision and direction, to the City Tow Lot designated for such purpose. Article 12. Section 3 -1202 Removal, Imnoundina and Return of Vehicles The Chief of Police and every police officer are authorized to remove and impound any automobiles or vehicles illegally parked or stalled on snow emergency routes or illegally parked elsewhere or seized during the commission of a crime or traffic offense. The chief of police shall notify the owner of any such vehicle that the vehicle has been removed and impounded. Notification shall be made by hand delivery or by mailing written notice to the owner at the address shown on registration records of the county treasurer. 1 No person shall recover any vehicle removed in accordance with this section except as provided in this section. Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the police department evidence of his identity and right to possession of the vehicle, shall sign a receipt for its return, shall pay the cost of removal, and shall pay any cost of storage accrued. Until paid, these charges constitute a lien on the vehicle, which may be enforced in the same manner as a storage lien. It shall be the duty of the police depai intent to keep a record of each vehicle removed in accordance with this section. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition, and the parking violation involved. "Vehicle" defined. For purposes of this section, the term "vehicle" shall be defined to include, in addition to the definition of vehicle by state statute, any mobile home, travel trailer, boat, boat trailer, pontoon, pontoon trailer, car trailer, utility trailer, pickup camper, horse trailer, stock trailer or machinery of any kind not in the immediate use. This section shall be supplemental to any other provisions of law granting member of the police department authority to remove vehicles. Article 12. Section 3 -1203 Illegal Parking on Private Lots /Condition of Vehicles Any person parking a motor vehicle on private property lot without the consent of the owner or tenant authorized to give permission shall be guilty of an infraction; and the vehicle shall be subject to being towed away at the request of such lot owner or tenant. Any person found guilty under this section shall be subject to the penalties provided for infractions. If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction. When any law enforcement officer observes or is advised that a motor vehicle may be in violation of this action, he shall make a determination as to whether a violation has in fact occurred and if so shall personally serve or attach to such motor vehicle a citation directed to the owner or operator of such vehicle, which shall set forth the nature of the violation. Any person who refuses to sign the citation or otherwise comply with the command of the citation shall be punished by R.R.S. 1943 §29 -426. It shall be unlawful to park or store on private property lot any vehicle that is not in a condition ready for use, or to permit the parking of any abandoned, junked or partially disabled vehicle on any private property lot. Article 12. Section 3 -1204 Disposal of Unclaimed Vehicles All vehicles which are in the custody of the city but are not owned by the city and are no longer desired by the city, shall be disposed of as provided in this section, unless otherwise provided by law. 2 A vehicle and its contents shall be towed away at owners expense and disposed of in the manner provided for the disposition of abandoned vehicles under state law. With respect to a vehicles seized as a nuisance or as litter, a notice shall be sent to the last registered owner stating that the vehicle and contents must be claimed within five days of the date of the notice. If the vehicle and contents remain unclaimed after five days, then they shall be considered abandoned, and they may thereafter be disposed of in the same manner as an abandoned vehicle under state law. A vehicle held for investigatory purposes but not longer needed, and the contents of such vehicle, shall be disposed of in the manner described in Neb. Rev. Stat. § 60- 1903.01, as amended. Written notice shall be mailed or given to the legal owner of the property, if known. The notice shall state that if the property is not claimed within 30 days of the notice, it may thereafter be sold or otherwise disposed of. If the identity of the lawful owner is in dispute, the city may require that the property not be disposed of until a court order is obtained directing such disposition. If the lawful owner of the property is unknown, then the property may be sold or disposed of if not claimed within 30 day of the date the city not longer needed or desired the property A claimant may reclaim a vehicle only upon payment to the city of any applicable administrative fees, towing fees, storage charges, or other fees. A receipt itemizing such fees shall be given to the claimant upon request. The proceeds received from the sale of any property under this section shall be placed in the general fund of the city, unless otherwise provided by state or federal law. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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 4: This ordinance shall be in full force and effect on July 1, 2004, and following the passage and publication hereof as required by law. Passed and approved this 25th day of May, 2004. 3 BY. CITY OF BLAIR, NEBRASKA E ` E. REALPH ATTEST: 6,„ BRENDA R. TAYL (SEAL) CITY CLERK STATE OF NEBRASKA ) ):ss: WASHINGTON COUTNY ) 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 May, 2004. Brenda R. Taylor, City Clerk 4 ORDINANCE NO. 2006 AN ORDINANCE TO CREATE A CITY TOW LOT AND ISSUES RELATED THERRETO WITHIN THE CITY OF BLAIR, NEBRASKA, TO BE OPERATED BY THE CITY OF BLAIR, AND TO AUTHORIZE THE IMPLEMENTATION OF RULES AND REGULATIONS RELATING TO SAID CITY TOW LOT; 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: Whereas the City of Blair, Nebraska, in the interest of public health and safety has deemed it beneficial to the citizens of Blair, Nebraska, to create a City Tow Lot to be owned and operated by the City of Blair, on city owned property. Furthermore, the City Clerk is authorized to implement rules and regulations related to said City Tow Lot including but not limited to hours of operation and said rules and regulations shall be kept at the Blair City Offices, furthermore, the following sections are created to govern the towing of vehicles to the City Tow Lot and issues related thereto. Article 12, Section 3 -1201 Towine of Vehicles Authorized Whenever the city clerk, police, city public works director, parks & recreation director, or other authorized city representative determines that any vehicle, or parts thereof, causes imminent danger to public health, safety of welfare, or is in violation of city ordinances or state statutes he many cause the immediate removal of the vehicle or parts thereof at the expense of the owner or person in control of the land on which such vehicle, or parts thereof, is found, or at the expense of the owner of the vehicle or at the expense of both of them. Whenever any vehicle is found coming under the provision of this section, the same shall be removed by a police officer and taken by him, or others acting under his supervision and direction, to the City Tow Lot designated for such purpose. Article 12, Section 3 -1202 Removal. Imroundine and Return of Vehicles The Chief of Police and every police officer are authorized to remove and impound any automobiles or vehicles illegally parked or stalled on snow emergency routes or illegally parked elsewhere or seized during the commission of a crime or traffic offense. The chief of police shall notify the owner of any such vehicle that the vehicle has been removed and impounded. Notification shall be made by hand delivery or by mailing written notice to the owner at the address shown on registration records of the county treasurer. 1 No person shall recover any vehicle removed in accordance with this section except as provided in this section. Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the police depai tment evidence of his identity and right to possession of the vehicle, shall sign a receipt for its return, shall pay the cost of removal, and shall pay any cost of storage accrued. Until paid, these charges constitute a lien on the vehicle, which may be enforced in the same manner as a storage lien. It shall be the duty of the police department to keep a record of each vehicle removed in accordance with this section. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition, and the parking violation involved. "Vehicle" defined. For purposes of this section, the term "vehicle" shall be defined to include, in addition to the definition of vehicle by state statute, any mobile home, travel trailer, boat, boat trailer, pontoon, pontoon trailer, car trailer, utility trailer, pickup camper, horse trailer, stock trailer or machinery of any kind not in the immediate use. This section shall be supplemental to any other provisions of law granting member of the police department authority to remove vehicles. Article 12. Section 3 -1203 Illeual Parkine on Private Lots /Condition of Vehicles Any person parking a motor vehicle on private property lot without the consent of the owner or tenant authorized to give permission shall be guilty of an infraction; and the vehicle shall be subject to being towed away at the request of such lot owner or tenant. Any person found guilty under this section shall be subject to the penalties provided for infractions. If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction. When any law enforcement officer observes or is advised that a motor vehicle may be in violation of this action, he shall make a determination as to whether a violation has in fact occurred and if so shall personally serve or attach to such motor vehicle a citation directed to the owner or operator of such vehicle, which shall set forth the nature of the violation. Any person who refuses to sign the citation or otherwise comply with the command of the citation shall be punished by R.R.S. 1943 §29 -426. It shall be unlawful to park or store on private property lot any vehicle that is not in a condition ready for use, or to permit the parking of any abandoned, junked or partially disabled vehicle on any private property lot. Article 12, Section 3 -1204 Disposal of Unclaimed Vehicles All vehicles which are in the custody of the city but are not owned by the city and are no longer desired by the city, shall be disposed of as provided in this section, unless otherwise provided by law. 2 A vehicle and its contents shall be towed away at owners expense and disposed of in the manner provided for the disposition of abandoned vehicles under state law. With respect to a vehicles seized as a nuisance or as litter, a notice shall be sent to the last registered owner stating that the vehicle and contents must be claimed within five days of the date of the notice. If the vehicle and contents remain unclaimed after five days, then they shall be considered abandoned, and they may thereafter be disposed of in the same manner as an abandoned vehicle under state law. A vehicle held for investigatory purposes but not longer needed, and the contents of such vehicle, shall be disposed of in the manner described in Neb. Rev. Stat. § 60- 1903.01, as amended. Written notice shall be mailed or given to the legal owner of the property, if known. The notice shall state that if the property is not claimed within 30 days of the notice, it may thereafter be sold or otherwise disposed of. If the identity of the lawful owner is in dispute, the city may require that the property not be disposed of until a court order is obtained directing such disposition. If the lawful owner of the property is unknown, then the property may be sold or disposed of if not claimed within 30 day of the date the city not longer needed or desired the property A claimant may reclaim a vehicle only upon payment to the city of any applicable administrative fees, towing fees, storage charges, or other fees. A receipt itemizing such fees shall be given to the claimant upon request. The proceeds received from the sale of any property under this section shall be placed in the general fund of the city, unless otherwise provided by state or federal law. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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 4: This ordinance shall be in full force and effect on July 1, 2004, and following the passage and publication hereof as required by law. Passed and approved this 25th day of May, 2004. 3 CITY OF BLAIR, NEBRASKA C. f) S E. REALPH ATTEST: 4, BRENDA R. TAYLOR, (SEAL) STATE OF NEBRASKA ) ):ss: WASHINGTON COUTNY ) CLERK BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 25th day of May, 2004. BrendR. Taylor, City (`le 4 ORDINANCE NO. 2007 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 64 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. 64, said sanitary sewer extension district: to include the outer boundaries of the following described real estate, to -wit: See legal description attached as Exhibit "A ". SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No.64 are described as follows: Size and Tyne 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 25 Street and Skyline Drive, terminating 1475 feet southwest of 25 Street and Skyline Drive, same as 910 Skyline Drive, 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 HGM Associates, Inc., 5022 S. 114 Street, Suite 200, Omaha, Nebraska 68137- 2330. 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. 64 is $54,379.50. 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. ATTEST: PASSED AND APPROVED this 22nd day of June, 2004. CITY OF BLAIR, NEBRASKA J E. REALPH, BRENDA R. TAYLOR, 5 CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) 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 22 day of June, 2004. BRENDA R. TAYLO Y CLERK ORDINANCE NO. 2008 AN ORDINANCE REZONING TAX LOT 189, SECTION 14, TOWNSHIP 18, RANGE 11 CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM RL — RESIDENTIAL LOW DENSITY DISTRICT TO A /CH — AGRICULTURAL /COMMERCIAL HIGHWAY DISTRICT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of real estate, in Washington County, Nebraska from RL — Residential Low Density District to A /CH — Agricultural /Commercial Highway District. SECTION 2. Be if 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 13th day of July, 2004. CITY OF BLAIR, NEBRASKA BYM ..... = JAIV,I S . REALPH, MAYOR ATTEST: BRENDA R. TAYLOR -6ITY CLERK (SEAL) STATE OF NEBRASKA COUNTY OF WASHINGTON ) :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 duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of July, 2004. BRENDA R. TAYLOR, CEP"CLERK 4 ORDINANCE NO. 2009 AN ORDINANCE ADDING SECTION 6 -326 -1 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, ALLOWING FOR THE DECLARATION OF A SNOW EMERGENCY IN THE CITY OF BLAIR AND THE RESTRICTION OF PARKING RELATING THERETO; 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 6 -326 -1 of the Municipal Code of the City of Blair, Nebraska is hereby added in its entirety as follows, to wit: Sec 6 -326 -1 PARKING AFTER SNOW /REMOVAL OF VEHICLES Whenever two or more inches of snow, ice and /or sleet have fallen on the streets of the city and when the Mayor declares a snow emergency, with notice to the news media, it shall be unlawful for any vehicle to be parked on any public street within the city for a period of 24 hours after the snow fall ends or until the accumulated snow has been removed by the city whichever is later. Any vehicle left parked in violation of this section may be removed by the Chief of Police or his designee and towed to the City Tow lot. If such unlawfully parked vehicle is not removed and by reason of its presence any part of the streets of the city are unable to be plowed, the owner of the vehicle will be in violation of this section and subject to a fine as indicated in Section 6 -401 and may be liable to the city for any added plowing expense necessarily incurred as a result of such unlawful parking. However, this ordinance shall not include the area in the City of Blair covered by Resolution No. 1992 -7. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this28th day of September, 2004. CITY OF BLAIR, NEBRASKA JA E E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER 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 28th day of September, 2004. 9 -03 Amend Sec 10 -1803 Mun Code.wpd BRENDA R. WHEELER, CITY CLERK ORDINANCE NO. 2009 AN ORDINANCE ADDING SECTION 6 -326 -1 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, ALLOWING FOR THE DECLARATION OF A SNOW EMERGENCY IN THE CITY OF BLAIR AND THE RESTRICTION OF PARKING RELATING THERETO; 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 6 -326 -1 of the Municipal Code of the City of Blair, Nebraska is hereby added in its entirety as follows, to wit: Sec 6 -326 -1 PARKING AFTER SNOW /REMOVAL OF VEHICLES Whenever two or more inches of snow, ice and /or sleet have fallen on the streets of the city and when the Mayor declares a snow emergency, with notice to the news media, it shall be unlawful for any vehicle to be parked on any public street within the city for a period of 24 hours after the snow fall ends or until the accumulated snow has been removed by the city whichever is later. Any vehicle left parked in violation of this section may be removed by the Chief of Police or his designee and towed to the City Tow lot. If such unlawfully parked vehicle is not removed and by reason of its presence any part of the streets of the city are unable to be plowed, the owner of the vehicle will be in violation of this section and subject to a fine as indicated in Section 6 -401 and may be liable to the city for any added plowing expense necessarily incurred as a result of such unlawful parking. However, this ordinance shall not include the area in the City of Blair covered by Resolution No. 1992 -7. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this28th day of September, 2004. CITY OF BLAIR, NEBRASKA E. REALPH, MAYOR ATTEST: (SEAL) STATE OF NEBRASKA z. iC�bde,„ BRENDA R. WHEELER, CITY CLERK ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER 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 28th day of September, 2004. 9 -03 Amend Sec 10 -1803 Mun Code.wpd 76 ��. 4 Ie e--4 BRE DA R. WHEELER, CITY CLERK ORDINANCE NO. 2010 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, 2004; 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, 2004 and ending September 30, 2005 was published in The Enterprise, the official newspaper of the City of Blair, on September 3, 2004; 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, 2004 and ending September 30, 2005. 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 $1,352,150.00 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 2004 -2005 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 ATTEST: 1,/ BRENDA R. TAYLOR, Y CLERK (SEAL) FUND ALL SOURCES Total General Fund $ 2,619,771.00 Debt Service 1,847,495.00 Street 2,315,000.00 Sales Tax (1997 Vote) 1,123,394.00 Sales Tax (Police Department) 1,043,945.00 Health & Benefit Insurance 143,921.00 Water 6,480,283.00 Sewer 1,860,976.00 Lodging Occupation Tax 43,205.00 CDBG(ED) Fund 505,100.00 Donated Funds 130,252.00 Capital Outlay Reserve 13,795.00 CDBG Reuse Funds 48,603.00 MIRF Fund 114.00 Keno Funds 191,084.00 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 14th day of September, 2004. CITY OF BLAIR, NEBRASKA 2 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 and approved at a regular meeting of the Mayor and City Council of said City held on the 14 day of September, 2004. 3 BRENDA R. TAYLO ITY CLERK AN ORDINANCE ALLOWING FOR THE AMENDMENT OF SEC. 4 -506 NUISANCES, WEEDS, GRASSES, AND WORTHLESS VEGETATION; LITTER IN THE CITY OF BLAIR AND THE PENALTIES RELATING THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the Amendment to Sec. 4 -506 Nuisances, Weeds, Grasses, and Worthless Vegetation; Litter Ordinance is hereby adopted as follows: See attached Exhibit "A" which is fully incorporated herein by reference. 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 14th day of September, 2004. ATTEST: BRENDA R. TAYLO (SEAL) ORDINANCE NO. 2011 CITY OF BLAIR, NEBRASKA B REALPH, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY ) :ss: 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 14 day of September, 2004. BRE " A R. TAYLOR, 'j Y CLERK. Sec. 4 -506 NUISANCES, WEEDS, GRASSES, AND WORTHLESS VEGETATION; LITTER. In addition to the definitions as provided in Sections 4 -501 to 4 -505 inclusive, a nuisance is hereby declared to be and defined as permitting, allowing, or maintaining any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation, or to litter or cause litter to be deposited or remain on any premises in the municipality except in proper receptacles. 1. For the purposes of this section, litter shall include but not be limited to: (1) trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. 2. For the purposes of this section, weeds shall include but not be limited to: bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (plenum carolinense), bull thistle (cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae). 3. Any owner or occupant of a lot or piece of ground shall, upon conviction of violating such ordinance, be guilty of a Class V misdemeanor. 4. Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner of occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. ATTEST: BRENDA R. TAYLOR, (SEAL) ORDINANCE NO. 2011 AN ORDINANCE ALLOWING FOR THE AMENDMENT OF SEC. 4 -506 NUISANCES, WEEDS, GRASSES, AND WORTHLESS VEGETATION; LITTER IN THE CITY OF BLAIR AND THE PENALTIES RELATING THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the Amendment to Sec. 4 -506 Nuisances, Weeds, Grasses, and Worthless Vegetation; Litter Ordinance is hereby adopted as follows: See attached Exhibit "A" which is fully incorporated herein by reference. 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 14th day of September, 2004. CITY OF BLAIR, NEBRASKA JAM S : REALPH, MAYOR STATE OF NEBRASKA WASHINGTON COUNTY ) :ss: 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 14 day of September, 2004. BRENDA R. TAYLOR, pir CLERK. Sec. 4 -506 NUISANCES, WEEDS, GRASSES, AND WORTHLESS VEGETATION; LITTER. In addition to the definitions as provided in Sections 4 -501 to 4 -505 inclusive, a nuisance is hereby declared to be and defined as permitting, allowing, or maintaining any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation, or to litter or cause litter to be deposited or remain on any premises in the municipality except in proper receptacles. 1. For the purposes of this section, litter shall include but not be limited to: (i) trash, rubbish, refuse, garbage, paper, rags, and ashes; (11) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk. 2. For the purposes of this section, weeds shall include but not be limited to: bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (olanum caroiinense), bull thistle ( cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae). 3. Any owner or occupant of a lot or piece of ground shall, upon conviction of violating such ordinance, be guilty of a Class V misdemeanor. 4. Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner of occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys_ ORDINANCE NO. 2012 AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS LOT 2 OF ADAMSON' S WYNGATE SUBDIVISION, LYING IN SECTION 23, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above is adjacent and contiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tracts of real estate described as: Lot 2 of Adamson' s Wyngate Subdivision, lying in Section 23, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska. (Formerly all of Tax Lot 94, in 23- 18 -11, Washington County, Nebraska.) SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described tracts of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 12th day of October 2004. CITY OF BLAIR, NEBRASKA BY JA RALPH, MAYOR ATTEST: RENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER 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 12th day of October 2004. Z.Av fillbex.L. BRENDA R. WHEELER, CITY CLERK —CO.—RD.- 31 O NW Comer SEi/4 NW1 /4 23 -18 -11 SW Comer N1/2 SE1 /4 NW1 /4 23 -18 -11 921.67' South Line of the N112 of the SE1f4 of the NW1 /4 ',L. 59 T 4 T SUD,Dmsigj CORNERS; (A9 o West Comer of the E of the NW1 /4 of Section 23 -18 -11 FOUND 1" OPEN-TOP PIPE BURIED 0.5' 33.28' NE to SW face of north chain link fence gate post 16.97' E to west face of chain link corner post 17.17' SE to 304 spike top of fence post © Northeast Comer of the SE1(4 of the N W1/4 of Section 23 -18 -11 FOUND 1" OPEN -TOP PIPE BURIED 0.5'.ON PROJECTION OF CHAIN -LINK FENCE FROM NORTH 15' N to centerline E -W access road 51.10' N to SE corner of base of chain -link fence post 47.50' W to "x" nails in power pole 18.81' W to "x" nails in eastern sign post North Line SE114 NW1 /4 870.27' T.1 , 94 Lot 2 14.27 Ac. 621,781 Sq. Ft. 100 0 r cacnln 1322.20' N 89 °4926" E /- 1 / / 100 Feet / / S 89 ° 49'02" W /1321..93'(C) T.L. 107 1 \ \ 1 l r —J to° — 85 — ` I PITTAGK \ STREET .1/ \ ` 451.93' T.L. sv cv oo N / 93 / 7 Lot 1 / 2.83 Ac. / / 123,200 Sq. Ft- T it 95 Trustee, Adamson F milt Tru ‘g AtZ2 387.81' S 89 ° 49'28" W 3 1 NE Corner SE1 /4 NW1 /4 23 -18 -11 — -- L 40,41' SE Corner N1/2 3E114 NW1 /4 23 -18 -11 of Center of Section `O1 23 -18 -11 U U a, .a A sub'ivisi N1 Township 1 LEGAL DESC All of Tax Li North, Range 1 described as fc Beginning a Township 18 N 30; thence S said Section 23 as follows: S feet; thence feet to a point o departing said t NW' /. S 89 °4! of the SE% of the NW' /, a di: thence N 89 °1 to the Point of 11 SURVE I hen under e undertt DEDICATION; KNOW ALL MEN BYTHESE PRESENTS THAT: The Adamson Famiry Trust and Omaha Public Power District, being the Owners of the and described within the Land Surveyor's Certificateand embraced within this plat have caused said and to be subdivided into lots to be numbered as shown hereon, said subdivision to be hereafter known as "ADAMSONS' WYNGATE SUBDIVISION', Lots 1 and 2, to the City of Blair, Nebraska; and. do hereby ratify and approve the disposition of said property as shown on this final plat D °nald C. Adamson Signeeure 7;;01O /At/ :/ &i, - N n r T fr,°< 9 . .. T' , of Omaha Public Power Itie ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER SCHEVE BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. - OCTOBER 12, 2004 ORDINANCE NO. 2013 AN ORDINANCE FIXING THE COMPENSATION FOR MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1.That, commencing on December 14, 2004, the salary of all members of the City Council of the City of Blair, Nebraska, shall be set as follows: Elected Official Annual Salary Council Member $7,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salaries set forth In Section 1 herein above shall be the total compensation for each respective elected office. SECTION 3.Any member of the City Council shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. any member of the City Council) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTION 5.A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of , 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of , 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER STEWART BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED - OCTOBER 12, 2004 ORDINANCE NO. 2014 AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, commencing on December 12, 2006, the salary of the Mayor of the City of Blair, Nebraska, shall be set as follows, to -wit: Elected Official Annual Salary Mayor $9,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salary set forth In Section 1 herein above shall be the total compensation for the respective elected office. SECTION 3. The Mayor of the City of Blair shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. Mayor) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile milage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. ATTEST: PASSED AND APPROVED this day of , 2004. CITY OF BLAIR, NEBRASKA By BRENDA R. TAYLOR, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the day of 2004. BRENDA R. TAYLOR, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER STEWART BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED. - OCTOBER 26, 2004 ORDINANCE NO. 2015 AN ORDINANCE FIXING THE COMPENSATION FOR MEMBERS OF THE CITY COUNCIL FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1.That, commencing on December 14, 2004, the salary of all members of the City Council of the City of Blair, Nebraska, shall be set as follows: Elected Official Annual Salary Council Member $7,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salaries set forth In Section 1 herein above shall be the total compensation for each respective elected office. SECTION 3.Any member of the City Council shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. any member of the City Council) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTION 5.A11 ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. 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 , 2004. CITY OF BLAIR, NEBRASKA By ATTEST: BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA ) WASHINGTON COUNTY ) :s s: BRENDA R. WHEELER 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 day of , 2004. BRENDA R. WHEELER, CITY CLERK ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER STEWART BUT FAILED WITH A 4 TO 4 VOTE AS FOLLOWS: VOTING AYE: STEWART, BIFFAR, FANOELE AND MCMANIGAL. VOTING NAY: SHOTWELL, SCHEVE, ABBOTT AND WOLFF. MAYOR REALPH DECLARED THE ORDINANCE FAILED - OCTOBER 26, 2004 ORDINANCE NO. 2016 AN ORDINANCE FIXING THE COMPENSATION FOR THE MAYOR FOR THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, commencing on December 12, 2006, the salary of the Mayor of the City of Blair, Nebraska, shall be set as follows, to -wit: Elected Official Annual Salary Mayor $9,000.00 provided further, that said salaries shall be paid on a bi- weekly basis. SECTION 2. Subject to the provision of Section 3 herein below, the salary set forth In Section 1 herein above shall be the total compensation for the respective elected office. SECTION 3. The Mayor of the City of Blair shall be eligible to participate in the health and accident, life, dental and vision insurance available to all employees of the City of Blair, Nebraska, so long as the insurance contract for such insurance coverage allows for such parties to be covered, and secondly, that any such elected official (i.e. Mayor) electing to be covered under the City's benefits program, shall pay and reimburse the City for the full cost of such health and accident, life, dental and vision insurance on a monthly basis and should any elected official fail, refuse or neglect to remit payment for more than thirty (30) days after the date such premium reimbursement is due, City may cancel the health and accident, life, dental and vision insurance coverage for any such elected official being in default of such monthly payment. SECTION 4. Any member of the City Council or the Mayor may be reimbursed for automobile mileage or other out of pocket business or educational expenses related to the affairs of the City of Blair and such officials are also eligible to participate, at their cost, in the City of Blair Section 125 Flexible Benefit. SECTIONS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. 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 , 2004. CITY OF BLAIR, NEBRASKA By ATTEST: BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER 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 day of , 2004. BRENDA R. WHEELER, CITY CLERK ORDINANCE NO. 20 r7 AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AUTHORIZING THE ISSUANCE OF SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HLTNDRED THOUSAND DOLLARS ($900.000) FOR THE PURPOSE OF REFUNDING $890,000 OF THE CITY'S OUTSTANDING SEWER SYSTEM REVENUE BONDS, SERIES 1998; PRESCRIBING THE FORM, TERMS AND DETAILS OF SAID BONDS; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE SANITARY SEWER SYSTEM OF SAID CITYFOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON AND PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUE OF SAID SANITARY SEWER SYSTEM; ENTERING INTO A CONTRACT WITH THE REGISTERED OWNERS OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID BONDS; AUTHORIZING THE DELIVERY OF SAID BONDS TO THE PURCHASER AND PROVIDING FOR THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED by the Mayor and Council of the City of Blair, Nebraska, as follows: Section 1. The Mayor and City Council of the City of Blair, Nebraska (the "City ") hereby find and determine: (a) The City owns and operates a sewage disposal plant and sanitary sewer system which constitutes a revenue producing facility and undertaking within the meaning of such term as set forth in Sections 18 -1803 to 18 -1805 R.R.S. Neb. 1997; that said plant and system together with all additions and improvements thereto hereafter acquired or constructed are herein referred to as the "Sewer System "; (b) The City has issued and outstanding the following revenue bonds which are a lien upon and secured by a pledge of the revenue and earnings of the Sewer System: Sewer System Revenue Bonds, Series 1998, Date of Original Issue - October 1, 1998, issued pursuant to Ordinance No. 1851 of the City, of which $890,000 in principal amount are presently outstanding (the "Series 1998 Bonds "); The Series 1998 Bonds are callable for redemption on or after October 1, 2003, at the principal amount thereof, plus accrued interest to date of redemption. (c) Series 1998 Bonds in the principal amount of $890,000 maturing serially October 1, 2005 through and including October 1, 2013, and term bonds maturing October 1, 2018, have been called for redemption on December 15, 2004 (the "Redemption Date "), at the principal amount thereof plus accrued interest to date of redemption. Said bonds are herein referred to as the "Refunded Bonds." In order to effect a savings in interest costs, it is necessary and advisable for the City to provide for payment in full of the Refunded Bonds as called for redemption on the Redemption Date, through the issuance of refunding bonds in the principal amount of $900,000. (d) The Refunded Bonds represent the only indebtedness of the City for which the revenues and earnings of the Sewer System have been pledged. 1 (e) To satisfy the funding requirements described in this Section 1, including funding of appropriate reserves and payment of issuance costs, it is necessary for the City to issue its Sewer System Revenue Refunding Bonds, Series 2004, in the total principal amount of $900,000 pursuant to Sections 18 -1803 to 18 -1805 R.R.S. Neb. 1997. All conditions, acts and things required by law to exist or to be done precedent to the issuance of the City's Sewer System Revenue Refunding Bonds in the principal amount of $900,000, do exist and have been done and performed in regular and due time and form as required by law. Said bonds will be payable from the revenues of the Sewer System. Section 2. In addition to the definitions provided in parentheses elsewhere in this Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate otherwise: (a) the term "Additional Bonds" shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance which are equal in Iien to the Series 2004 Bonds, including any such bonds issued pursuant to Section 13 and refunding bonds issued pursuant to Section 14. (b) the term "Average Annual Debt Service Requirements" shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. (c) the term "Deposit Securities" shall mean obligations of the United States of America, direct or unconditionally guaranteed, including any such obligations issued in book entry form. (d) the term "Net Revenues" shall mean the gross revenues derived by the City from the ownership or operation of the Sewer System, including investment income, but not including any income from sale or disposition of any property belonging to or forming a part of the Sewer System, less the ordinary expenses for operating and maintaining the Sewer System payable from the Operation and Maintenance Account described in Section 11 of this Ordinance. Operation and Maintenance expenses for purposes of determining "Net Revenues" shall not include depreciation, amortization of financing expenses or interest on any bonds or other indebtedness. Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by an independent certified public accountant or firm of such accountants, provided, however, that in the case of issuance of Additional Bonds, for that period from the end of each fiscal year until the financial statements reported on by the City's accountants are available, Net Revenues shall either (i) be based upon the most recent fiscal year for which there are financial statements which have been reported on by such accountants so long as the unaudited financial information for the then most recently completed fiscal year as certified by the City Treasurer would not result in a contrary determination, if such unaudited financial information were deemed the completed and reported on results or (ii) based upon a report of the City' s accountants that the completed and reported on results will not be less than such amount as such accountants shall confirm. 2 (e) the term "Paying Agent and Registrar" shall mean the Treasurer of the City of Blair, Nebraska, as appointed to act as paying agent and registrar for the Series 2004 Bonds pursuant to Section 4 hereof, or any successor thereto. (f) the term "Revenues" shall mean all of the rates, rentals, fees and charges, earnings and other monies, including investment income, from any source derived by the City of Blair, Nebraska, through its ownership and operation of the Sewer System. Section 3. For the purposes described in Section 1 of this Ordinance, there shall be and there are hereby ordered issued negotiable bonds of the City of Blair, Nebraska, to be designated as "Sewer System Revenue Refunding Bonds, Series 2004" (the "2004 Bonds ") in the aggregate principal amount of Nine Hundred Thousand Dollars ($900,000), with said bonds bearing interest at the rates per annum and to become due on October 1 of the year as indicated below: Maturing on Amount of Interest Rate October 1 of Year Principal Maturing Annum 2005 $ 45,000 2.05% 2006 55,000 2.30 2007 55,000 2.45 2008 60,000 2.70 2009 60,000 3.05 2010 65,000 3.30 2011 60,000 3.50 2012 65,000 3.65 2013 65,000 3.80 2014 70,000 3.90 2015 75,000 4.00 2016 80,000 4.10 2017 75,000 4.20 2018 70,000 4.25 The 2004 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the 2004 Bonds shall be the date of delivery thereof. Interest on the 2004 Bonds, at the respective rates for each maturity, shall be payable on April 1, 2005, and semiannually thereafter on October 1 and April 1 of each year (each an "Interest Payment Date "), and the 2004 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. Interest shall be computed on the basis of a 360 -day year consisting of twelve 30 -day months. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the fifteenth day of the calendar month immediately preceding the calendar month in which the Interest Payment Date occurs 3 (the "Record Date "), subject to the provisions of Section 5 hereof. The 2004 Bonds shall be numbered from 1 upwards in the order of their issuance. No 2004 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the 2004 Bonds issued shall be as designated by the City Treasurer as directed by the initial purchaser thereof. Payments of interest due on the 2004 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each 2004 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 4 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity together with any unpaid interest accrued thereon shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the 2004 Bonds to the Paying Agent and Registrar. The City and the Paying Agent and Registrar may treat the registered owner of any 2004 Bond as the absolute owner of such 2004 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such 2004 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any 2004 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and the Paying Agent and Registrar, in respect of the Liability upon the 2004 Bonds or claims for interest to the extent of the sum or sums so paid. Section 4. The City Treasurer is hereby designated as the Paying Agent and Registrar for the 2004 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the 2004 Bonds at the City offices. The names and registered addresses of the registered owner or owners of the 2004 Bonds shall at all times be recorded in such books. Any 2004 Bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and 4 thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new 2004 Bond or 2004 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the 2004 Bonds by this Ordinance, one 2004 Bond may be transferred for several such 2004 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such 2004 Bonds may be transferred for one or several such 2004 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 2004 Bond, the surrendered 2004 Bond or 2004 Bonds shall be canceled and destroyed. All 2004 Bonds issued upon transfer of the 2004 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the 2004 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the 2004 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any 2004 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any 2004 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 5. In the event that payments of interest due on the 2004 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the 2004 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 6. The 2004 Bonds maturing on or after October 1, 2010, shall be subject to redemption, in whole or in part, prior to maturity at any time on or after the fifth anniversary of the date of original issue thereof, or at any time thereafter, at the principal amount thereof together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 2004 Bonds for optional redemption in its sole discretion. The 2004 Bonds shall be redeemed only in amounts of $5,000 or integral 5 multiples thereof. Any 2004 Bond redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for a new 2004 Bond evidencing the unredeemed principal thereof. Notice of redemption of any 2004 Bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such 2004 Bond at said owner's registered address. Such notice shall designate the 2004 Bond or 2004 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 2004 Bond or 2004 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any 2004 Bond partially redeemed, such notice shall specify the portion of the principal amount of such bond to be redeemed. No defect in the mailing of notice for any 2004 Bond shall affect the sufficiency of the proceedings of the City designating the 2004 Bonds called for redemption or the effectiveness of such call for 2004 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such 2004 Bond for which defective notice has been given. Section 7. If the date for payment of the principal of or interest on the 2004 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 8. The 2004 Bonds shall be in substantially the following form: 6 Interest Rate Maturity Date Registered Owner: Principal Amount: October 1, UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR SEWER SYSTEM REVENUE REFUNDING BOND SERIES 2004 No. $ 7 Date of Ori einal Issue CUSP NUMBER KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay, but only from the special sources hereinafter described, to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable April 1, 2005, and semiannually thereafter on October 1 and April 1 of each year (each, an "Interest Payment Date "). Such interest shall be computed on the basis of a 3 60 -day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the office of the Treasurer of the City of Blair, Nebraska, as Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner's address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of Nine Hundred Thousand Dollars ($900,000) of even date and like tenor, except as of the date of maturity, rate of interest and denomination, (the "Series 2004 Bonds ") which were issued by the City for the purpose of refunding $890,000 of the City's outstanding Sewer System Revenue Bonds, Series 1998, and is issued pursuant to the terms of an ordinance (the "Ordinance ") passed and approved by the Mayor and Council of said City in accordance with and under the provisions of Sections 18 -1803 to 18 -1805, R.R.S. Neb. 1997. Any or all of the bonds of said issue maturing on or after October 1, 2010, are subject to redemption at the option of the City, in whole or in part, on or after the fifth anniversary of the date of original issue thereof, or at any time thereafter, at par together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the Series 2004 Bonds for optional redemption in its sole discretion. Notice of redemption shall be given by mail to the registered owner of any Series 2004 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in the amount of $5,000 or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the principal corporate trust office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose ofreceiving payment due hereunder and for all other purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the day for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The revenues and earnings of the wastewater treatment plant and sanitary sewer system of the City of Blair, Nebraska, including all improvements and additions thereto hereafter constructed or acquired, (the "Sewer System ") are pledged and hypothecated by the City for the payment of this bond and the other Series 2004 Bonds and for the payment of any additional bonds of equal priority issued in accordance with the terms of the Ordinance. The Series 2004 Bonds are a lien only upon said revenues and earnings and are not general obligations of the City of Blair, Nebraska. The Ordinance sets forth the covenants and obligations of the City with respect to the Sewer System and the applications of the revenues and earnings thereof, which revenues and earnings under the terms of the Ordinance are required to be deposited to the "Blair Sewer System Fund" (as maintained in the Ordinance) and disbursed to pay costs of operation and maintenance of the Sewer System, make payments of principal and interest on the Series 2004 Bonds and any additional bonds of equal priority with the Series 2004 Bonds and other payments as specified in the Ordinance. The Ordinance also designates the terms and conditions under which additional bonds of equal priority with the Series 2004 Bonds may be issued. The Ordinance also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under such Ordinance and all covenants, agreements and obligations of the City under the Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a trustee bank. In the Ordinance the City also reserves the right to issue bonds or notes junior in lien to Series 2004 Bonds and additional bonds of equal priority to the Series 2004 Bonds, the principal and interest of which shall be payable from monies in the "Surplus Account" of the Blair Sewer System Fund as described in the Ordinance. IT IS HEREBY CER I'th ED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as provided by law. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK -ENTRY -ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC "), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER 8 HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and City Clerk of the City, all as of the Date of Original Issue shown above. ATTEST: (facsimile signature) City Clerk 9 CITY OF BLAIR, NEBRASKA (facsimile signature) Mayor This bond is one of the series designated therein and has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. For value received hereby sells, assigns, and transfers unto the within bond and hereby irrevocably constitutes and appoints , Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Signature Guaranteed By Authorized Officer CERTIFICATE OF AUTHENTICATION AND REGISTRATION (FORM OF ASSIGNMENT) Date: Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. 10 City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska Registered Owner Section 9. Each of the 2004 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The 2004 Bonds shall be issued initially as "book -entry- only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers of the City are authorized to execute and deliver a Letter of Representations (the "Letter of Representations ") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the 2004 Bonds. With respect to the issuance of the 2004 Bonds as "book- entry - only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker - dealer, bank or other financial institution for which the Depository holds 2004 Bonds as securities depository (each, a "Bond Participant ") or to any person who is an actual purchaser of a 2004 Bond from a Bond Participant while the 2004 Bonds are in book -entry form (each, a "Beneficial Owner ") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the 2004 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the 2004 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 2004 Bonds. The Paying Agent and Registrar shall make payments with respect to the 2004 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 2004 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange 2004 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the 2004 Bonds or (ii) to 11 make available 2004 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such 2004 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the 2004 Bonds be delivered to the ultimate beneficial owners of the 2004 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 2004 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 2004 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any 2004 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such 2004 Bond and all notices with respect to such 2004 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the 2004 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 2004 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section. (f) In the event of any partial redemption of a 2004 Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the 2004 Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository is terminated or resigns and is not replaced, or upon termination by the City of book -entry-only form, the City shall immediately provide a supply of printed bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof shall appear on any 2004 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial 12 redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of the 2004 Bond. The 2004 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The 2004 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the 2004 Bonds, they shall be delivered to the City Treasurer, acting on behalf of the City, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof. The 2004 Bonds are hereby sold to said purchaser for the sum of $885,150, plus accrued interest thereon, if any, to date of payment for the 2004 Bonds. Such purchaser and its agents, representatives and counsel (including its bond counsel) are hereby authorized to take such actions on behalf of the City as are necessary to effectuate the closing of the issuance and sale of the 2004 Bonds, including without limitation, authorizing the release of the 2004 Bonds by the Depository at closing. The officers of the City (or any one of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the 2004 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 2004 Bonds which shall be delivered to said purchaser. Section 10. The proceeds of the 2004 Bonds herein authorized shall be applied to the payment of principal of, and interest on, the Refunded Bonds on the Redemption Date and paying the costs of issuance of the 2004 Bonds. Accrued interest, if any, received upon closing of the 2004 Bonds shall be applied to pay interest falling due on April 1, 2005, and shall be credited to the Bond Payment Account as described in Section 11 hereof. Amounts held in the debt service reserve for the Refunded Bonds shall be applied as follows: (a) an amount equal to 10% of the stated principal amount of the 2004 Bonds or an amount equal to the maximum amount due for principal of and interest on the 2004 Bonds in any fiscal year, whichever is lesser, shall be deposited to the sub - account for the 2004 Bonds as described in Section 11 hereof; and (b) the balance of such amounts shall be applied to the redemption of the Refunded Bonds. The City agrees to provide all additional amounts required to effect the redemption in full of the Refunded Bonds on the 13 Redemption Date. The registered owners of the 2004 Bonds shall be subrogated to the rights of the Refunded Bonds from and after their redemption on the Redemption Date. The City hereby covenants and agrees to take all steps necessary and appropriate to provide for the calling and redemption of the Refunded Bonds on the Redemption Date. Section 11. The revenues and earnings of the Sewer System are hereby pledged and hypothecated for the payment of the 2004 Bonds and any Additional Bonds as authorized by this Ordinance and interest on such 2004 Bonds and Additional Bonds and the City does hereby agree with the holders of said 2004 Bonds and Additional Bonds as follows: (a) BLAIR SEWER SYSTEM FUND - The entire gross revenues and income derived from the operation of the Sewer System shall be set aside as collected and deposited in a separate fund previously established and designated as the "Blair Sewer System Fund." For purposes of allocating the monies in the Blair Sewer System Fund, the City shall maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b) OPERATION AND MAINTENANCE ACCOUNT - Out of the Blair Sewer System Fund there shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall from time to time determine to be necessary to pay the reasonable and necessary expenses of operating and maintaining the Sewer System and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c) BOND PAYMENT ACCOUNT - Out of the Blair Sewer System Fund there shall be credited monthly on or before the fifteenth day of each month to the Bond Payment Account, starting with the month of December 2004, the following amounts: (1) (2) Beginning April 15, 2005, and continuing for the period from April 15, 2005 so long as the 2004 Bonds remain outstanding, an amount equal to 1 /6th of the next maturing semiannual interest payment on the 2004 Bonds; (3) Beginning December 15, 2004, and continuing for the period from December 15, 2004 through and including March 15, 2005, an amount equal to 1 /4th of the next maturing interest payment on the 2004 Bonds; Beginning December 15, 2004 and continuing for the period from December 15, 2004 through and including September 15, 2005, an amount equal to 1 /10th of the next maturing principal payment on the 2004 Bonds; and (4) For the period from and including October 15, 2005, and continuing so long as the 2004 Bonds remain outstanding an 14 amount equal to 1 /12th of the next maturing principal payment on the 2004 Bonds. The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or if the monies in such Account are insufficient, then from the Debt Service Reserve Account (but only from the designated sub - account for the specific issue) and next from the Surplus Account, an amount sufficient to pay, when due, the principal of and interest on the 2004 Bonds or any Additional Bonds and to transfer such amounts due to the Paying Agent and Registrar (or other paying agent for Additional Bonds), at least five (5) business days before each principal and interest payment date. Upon the issuance of any Additional Bonds pursuant to this Ordinance, appropriate additional credits to the Bond Payment Account shall be provided for sufficient to pay principal and interest on said Additional Bonds. (d) DEBT SERVICE RESERVE ACCOUNT - The City agrees that it shall deposit from reserve funds held with respect to the Refunded Bonds the amount specified in Section 10 of this Ordinance as the amount required to be maintained attributable to the 2004 Bonds in a separate sub- account which is hereby established for the 2004 Bonds in the Debt Service Reserve Account. Monies credited to the Debt Service Reserve Account may be withdrawn, but only from the designated sub - account for a specific issue, as needed, to provide funds to pay, when due, the principal of and interest on the 2004 Bonds and any Additional Bonds issued pursuant to this Ordinance, as the case may be, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Blair Sewer System Fund remaining after making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month thereafter all such remaining monies shall be credited to the Debt Service Reserve Account until such account has been restored to the required balance. Upon the issuance of any Additional Bonds, the amount required to be accumulated and maintained in the Debt Service Reserve Account, in a separate sub - account for each such issue of Additional Bonds, shall be set at an amount equal to the Average Annual Debt Service Requirements on the proposed issue of Additional Bonds or such greater or lesser amount (which may be 5 -0 -), if any as determined appropriate by the Mayor and Council in connection with any such issue of Additional Bonds. Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Sewer System then available or by equal monthly credits from the Blair Sewer System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Each sub - account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub - account which results in the amount in such sub - account being deficient to meet the required balance, available amounts for restoring sub - account balances shall be credited to each deficient sub - account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub - accounts are then deficient. When the 2004 Bonds or any issue of Additional Bonds for which a sub - account has been established is no longer outstanding, the particular sub - account for such issue shall no longer be required to be maintained. Anything in this subsection 11(d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account with respect to the 2004 Bonds or any issue of Additional Bonds shall not at any time exceed the maximum amount permitted to be invested without yield restriction under Sections 103(b) and 148 of the 15 Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Depai tment. (e) SURPLUS ACCOUNT - Monies in the Blair Sewer System Fund remaining after the credits required in the foregoing Subsections 11(b), 11(c), and 11(d) shall be credited to the Surplus Account. Monies in the Surplus Account may be used to make up any deficiencies in any of the preceding Accounts, to retire any of the 2004 Bonds or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior lien indebtedness incurred with respect to the Sewer System, to provide for replacements or improvements for the Sewer System or to provide for any other lawful purpose of the City (including payments in lieu of taxes or interfund transfers) as directed by the Mayor and City Council. The provisions of this Section shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to municipal utility enterprises, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Blair Sewer System Fund or any of the Accounts therein as established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsections 11(b), 11(c), 11(d), and 11(e). Monies credited to the Debt Service Reserve Account shall, if maintained in a demand or time deposit account, be kept in a separate account and not commingled with other Sewer System funds or accounts. If invested, monies credited to the Debt Service Reserve Account may be commingled with other Sewer System funds or accounts so long as the City maintains books and records clearly identifying the specific investments, or portions thereof, which belong to the Debt Service Reserve Account. Monies in any of said Accounts except the Debt Service Reserve Account may be invested in investments permissible for a city of the first class. Monies in the Debt Service Reserve Account may be invested in Deposit Securities. Monies invested from the Debt Service Reserve Account shall be invested to mature in not more than five years. Investments held for the Debt Service Reserve Account will be valued at cost for purposes of determining compliance with the requirements of this Ordinance as to the amount required to be maintained in the Debt Service Reserve Account or any sub - account therein. Income from or profit realized from investments for any Account or any sub - account shall be credited to such Account or 16 sub - account until such Account or sub - account contains any amount then required to be therein, and thereafter such income or profit shall be transferred to the Blair Sewer System Fund and treated as other revenues from the operation of the Sewer System. The ordinance authorizing any series of Additional Bonds for which a debt service reserve sub - account is to be established shall establish the terms for investment related to such sub - account. The pledge and hypothecation provided for the 2004 Bonds and any Additional Bonds in this Ordinance is intended to constitute and shall provide for a first and prior pledge and lien upon and security interest in the revenues and earnings of the Sewer System superior to any pledge, lien or security interest made or given with respect to any other indebtedness of the City as to its Sewer System and is intended as a full exercise of the powers of the City provided for in Sections 18 -1803 to 18 -1805, R.R.S. Neb. 1997, as now or hereafter amended, with respect to the City's Sewer System and the revenues and earnings thereof. Section 12. So long as any of the 2004 Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the service furnished from the Sewer System adequate to produce revenues and earnings sufficient at all times: (a) To provide funds to pay, when due, the principal of and interest on the 2004 Bonds and any Additional Bonds issued pursuant to this Ordinance. (b) To pay all proper and necessary costs of operation and maintenance of the Sewer System and to pay for the necessary and proper repairs, replacements, enlargements, extensions and improvements to the Sewer System. (c) To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 11 of this Ordinance. (d) To maintain Net Revenues in each fiscal year adopted by the City for the Sewer System in an amount not less than 1.25 times the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity other than principal redeemed pursuant to a schedule of mandatory redemptions) and interest falling due during such fiscal year on the 2004 Bonds and any Additional Bonds. 17 Section 13. To provide funds for any purpose related to the Sewer System, the City may issue Additional Bonds, except for Additional Bonds issued for refunding purposes which are governed by Section 14 of this Ordinance, payable from the revenues of the Sewer System having equal priority and on a parity with the 2004 Bonds and any Additional Bonds then outstanding, only upon compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the 2004 Bonds, any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 11(d). (b) The City shall have complied with one or the other of the two following requirements: 1) The Net Revenues derived by the City from its Sewer System for the fiscal year next preceding the issuance of the Additional Bonds (determined in accordance with the definition of such term set forth in Section 2(d), including, if applicable, a determination made for any period when financial statements have not yet been completed and reported on) shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2004 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or 2) The City shall have received a projection made by a consulting engineer or firm of consulting engineers, recognized as having experience and expertise in municipal utility systems, projecting that the Net Revenues of the Sewer System in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2004 Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Sewer System during the last fiscal year for which an independent audit has been prepared and shall adjust such Net Revenues as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the year for which the audit was made, (B) to reflect such engineer's estimate of the net increase over or net decrease under the Net Revenues of the Sewer System for the year for which the audit was made by reason of: (i) changes of amounts payable under existing contracts for services; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as 18 such schedules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (iii) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revisions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; and (v) such other factors affecting the projections of revenues and expenses as the consulting engineer deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued requiring any annual debt service payment in excess of the amount so estimated by the consulting engineer. The City hereby covenants and agrees that so long as any of the 2004 Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Sewer System except in accordance with the provisions of this Ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the 2004 Bonds and any such Additional Bonds with the principal and interest of such bonds or notes to be payable from monies credited to the Surplus Account as provided in Subsection 11(e). Section 14. The City may issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 2004 Bonds or Additional Bonds then outstanding, provided, that if any such 2004 Bonds or Additional Bonds are to remain outstanding after the issuance of such refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. Refunding bonds issued in accordance with this paragraph of this Section 14 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection 13(b) of this Ordinance. The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 2004 Bonds or Additional Bonds then outstanding provided, that, if any such 2004 Bonds or Additional Bonds are to remain outstanding after the application of the proceeds of the refunding bonds to 19 the payment of the bonds which are to be refunded, such issuance must comply with the Net Revenues test set forth in Subsection 13(b)(1) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all 2004 Bonds and any Additional Bonds outstanding at the time of issuance of such refunding bonds until the time of application of their proceeds to the satisfaction of the bonds which are to be refunded. In computing Average Annual Debt Service Requirements to show compliance with said Net Revenues test for such refunding bonds, all payments of principal and interest due on such refunding bonds from the time of their issuance to the time of application of the proceeds of such refunding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from such computation to the extent that such principal and interest are payable from sources other than the revenues of the Sewer System (such as bond proceeds held in escrow or investment earnings thereon) or from monies in the Surplus Account, and all payments of principal and interest due on the bonds which are to be refunded from and after the time of such application shall also be excluded. For purposes of this paragraph of this Section 14, the time of application of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10 -126 R.R.S. Neb. 1997 (or any successor statutory provision thereto) or the time when such bonds which are to be refunded under the terms of their authorizing ordinance or ordinances are no longer deemed to be outstanding, whichever occurs sooner. Section 15. So long as any 2004 Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as follows: (a) The City will maintain the Sewer System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all the duties with reference to said system required by the Constitution and statutes of the State of Nebraska, but this covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Sewer System so long as the revenues derived from the City's ownership of the properties constituting the Sewer System shall be sufficient to fulfill this City's obligations under Sections 11 and 12 of this Ordinance. 20 (b) The City will not grant any franchise or right to any person, firm or corporation to own or operate a utility system or systems in competition with the Sewer System. (c) The City will maintain insurance on the property constituting the Sewer System (other than such portions of the system as are not normally insured) against risks customarily carried by similar utilities, but including fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Sewer System operable in an efficient and proper manner to carry out the City's obligations under this Ordinance. The Mayor and Council shall annually, after the end of each fiscal year adopted by the City for the Sewer System, examine the amount of insurance carried with respect to the Sewer System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Sewer System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and Maintenance Account and any such advances shall be repaid from insurance proceeds received. (d) The City will keep proper books, records, and accounts separate from all other records and accounts in which complete and correct entries will be made of all transactions relating to the Sewer System. The City will have its operating and financial statements relating to the Sewer System audited annually by a certified public accountant or firm of certified public accountants. The City will furnish to the original purchaser of the 2004 Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within four months after the end of each fiscal year of the Sewer System, .a copy of the financial statements of the Sewer System and the report thereon of the certified public accountants. (e) The City shall cause each person handling any of the monies in the Blair Sewer System Fund to be bonded by an insurance company licensed to do business in Nebraska in an amount or amounts deemed sufficient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance expense from the Operation and Maintenance Account. Section 16. The City's obligations under this Ordinance and the liens, pledges, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to the 2004 Bonds issued pursuant to this Ordinance and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been purchased and cancelled by the City, or when payment of the princi- pal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused 21 to be made in accordance with the terms thereof, or (b) shall have been provided for by depositing with a national or state bank having trust powers or trust company, in trust solely for such payment, (i) sufficient money to make such payment and/or (ii) Deposit Securities in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that, with respect to any 2004 Bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bond as provided by law or made irrevocable provisions for the giving of such notice. Any such money so deposited with a bank or trust company may be invested and reinvested in Deposit Securities and all interest and income from such Deposit Securities in the hands of such bank or trust company, in excess of the amount required to pay principal of and interest on the bonds for which such monies were deposited, shall be paid over to the City as and when collected. Section 17. The terms and provisions of this Ordinance do and shall constitute a contract between the City and the registered owner or owners of the 2004 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity, formal defect or omission, shall be made to this Ordinance without the written consent of the registered owners of two- thirds (2 /3rds) in principal amount of the 2004 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any 2004 Bond nor the maturity date of any 2004 Bond shall be changed without the written consent of the registered owners of all such bonds then outstanding. Any registered owner of a 2004 Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court of competent jurisdiction enforce and compel performance of this Ordinance and every provision and covenant hereof, including without limiting the generality of the foregoing, the enforcement of the performance of all duties required of the City by this Ordinance and the applicable laws of the State of Nebraska, including in such duties the collecting of revenues of the Sewer System and the segregation and application of such revenues as described in Section 11 of this Ordinance. After any default in payment or other default in performance, 22 the registered owners of the 2004 Bonds or any Additional Bonds shall be entitled to the appointment of a receiver for the Sewer System. Any and all actions brought by any registered owner or owners of the 2004 Bonds or Additional Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 2004 Bonds and Additional Bonds outstanding and no registered owners of any of the 2004 Bonds or Additional Bonds shall have any right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Ordinance. Section 18. The Mayor and City Clerk and City Treasurer of the City are hereby authorized to do all things and execute all documents as may by them be deemed necessary and proper to complete the issuance and sale of the 2004 Bonds contemplated by this Ordinance. The Preliminary Official Statement in the form presented is hereby approved and deemed final as of its date under the terms of Reg. Sec. 240.15c2 -12 of the Rules of the Securities and Exchange Commission and such officers or any one of them are further authorized to approve a final Official Statement on behalf of the City. Section 19. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 20. In accordance with the requirements of Rule 15c2 -12 (the "Rule ") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the following continuing disclosure information: ( to Arneritas Investment Corp. (the "Underwriter ") and any person making request at least annually or in the alternative to any state information depository ( "SID ") for the State of Nebraska (no such SID currently exists or is presently expected to exist based upon any current pending legislation), the following financial information or operating data regarding the City: financial information and operating data which is customarily prepared by the City and publicly available, including the City's most recently prepared audited fmancial statements which shall be provided for governmental fund types using the modified accrual basis of accounting and for proprietary and fiduciary funds using the accrual basis. (II) in a timely manner to the Underwriter, to the Municipal Securities Rulemaking Board (the "MSRB "), to the SID (if any) and to any nationally recognized municipal securities information 23 repository for which the Underwriter makes request, notice of the occurrence of any of the following events with respect to the 2004 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non - payment related defaults, ( (5) unscheduled draws on debt service reserves reflecting financial difficulties, (4) unscheduled draws on credit enhancements reflecting financial difficulties (there is no credit enhancement on the 2004 Bonds), substitution of credit or liquidity providers, or their failure to perform (not applicable to the 2004 Bonds), (6) adverse tax opinions or events affecting the tax- exempt status of the 2004 Bonds, (7) modifications to rights of the bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the 2004 Bonds, and (11) rating changes (the 2004 Bonds are not rated and no rating for the 2004 Bonds is expected to be requested). The City has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the City, consistent with the Rule. The City hereby designates the City Administrator as the contact person for requesting information in accordance with this Section 20. The City hereby agrees that such covenants are for the benefit of the registered owners of the 2004 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute 24 an event of default under the Ordinance. The continuing disclosure obligations of the City under the Ordinance, as described above, shall cease when none of the 2004 Bonds remain outstanding. Section 21. The City hereby covenants and agrees that it will make no use of the proceeds of the 2004 Bonds which would cause the 2004 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code "), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status of interest on the 2004 Bonds for federal income tax purposes under the Code with respect to taxpayers generally. The City further agrees that it will not take any actions which would cause the 2004 Bonds to constitute "private activity bonds" within the meaning of Section 141 of the Code. The City hereby designates the 2004 Bonds as its "qualified tax- exempt obligations" pursuant to Section 265 (b)(3)(B)(i)(lII) of the Code and covenants and warrants that it does not reasonably expect to issue tax- exempt bonds or other tax- exempt obligations aggregating in principal amount more than $10,000,000 during calendar 2004. Section 22. This Ordinance shall be in force and take effect from and after its passage and approval as provided by law and shall be published in pamphlet form. PASSED AND APPROVED this ( 7 day of J`iL V 't bef2004. A'1"1EST: CJ/j City Clerk SEAL May 25 AN ORDINANCE APPROVING THE SALE OF LOT 34, RIDGEVIEW ESTATES, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, TO JON AND CARRIE STEWART REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. For Sale of Real Estate, 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 sale of the real estate from The City of Blair, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 9th day of November, 2004. CITY OF BLAIR, NEBRASKA ATTEST: A / BRENDA R. WHEELER, City Clerk (SEAL) ORDINANCE NO. 2018 SECTION 1. That the Mayor is hereby authorized to execute and deliver a Agreement E. REALPH, MAYOR STATE OF NEBRASKA. ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER 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 November, 2004. BRE DA R. WHEELER THIS AGREEMENT made this 1q day of N OV C.-rc be( , 2004, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Jon & Carrie Stewart, husband and wife, hereinafter referred to as "Buyer ". WITNES SETH: AGREEMENT FOR SALE OF REAL ESTATE Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: City of Blair, Ridgeview Estates, Lot 34. the said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Eighteen Thousand Five Hundred Dollars & NO /100 $18,500.00, which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before forty -five (45) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said right of way for a storm sewer and any other utilities on said real estate. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be split equally between the parties. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of the purchase price. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. ATTEST: I l/ BRtNDA R. WHEELER, CITY CLERK CITY OF BLAIR, NEBRASKA PURCHASERS: E. REALPH, MAR By JON'STEWART By y l/9n,'f 7' , � • 1 � r CARRIE STEWART STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this CI day of o \I XY\ Baer , 2004, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. 1 i EOM MINN 'Nebraska' KATHERINE D. LOUDNER My Comm. Exp. June 17, 2O2 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this day of (\ 3 e hr • 2004, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Jon and Carrie Stewart, Buyers, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska HOLLY J. ROGGE My Comm. Ex. Aug. 1, 2005 (14-114 ht yug; > 1 c cn N TARY PUBLIC wi NOTARY P �/J AN ORDINANCE APPROVING THE SALE OF REAL ESTATE DESCRIBED AS PARTS OF LOTS 1, 2 AND 3, ALL LYING IN BLOCK 84, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA TO MARY STEARLEY AND ANN WILSON 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 Agreement For Sale of Real Estate, 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 sale of the real estate from The City of Blair, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 23rd day of November, 2004. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) ORDINANCE NO. 2019 E E. REALM MAYOR '/z.- sot( -141911 -4-e) I olcK o----irnmer(i STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 23rd day of November, 2004. BIDA R. WHEELER THIS AGREEMENT made this 23 day of yreAf r , 2004, by and between the City of Blair, Nebraska, and a Municipal Corporation, hereinafter referred to as "Seller ", and Mary Stearly and Ann Wilson, hereinafter referred to as "Buyer ". WITNES SETH: AGREEMENT FOR SALE OF REAL ESTATE Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Parts of Lots 1, 2, and 3, All Lying in Block 84, Third Addition to the City of Blair, Washington County, Nebraska (See Attachment A) the said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Seventeen Thousand Nine hundred Thirty Four Dollars ($17,934.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before ninety (90) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said right of way for a storm sewer and any other utilities on said real estate. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be split equally between the parties. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of the purchase price. This Agreement is further subject to all parties agreeing that: 1) this sale is subject to the Nebraska Department of Roads conveying that part of lot 3 currently owned by the Department of Roads to the City of Blair. 2). That all parties agree that there can not be any direct access to this property from Highway 30 or Tenth Street except through a joint access with Casey's on Highway 30 and the City Alley on Tenth St. It is further agreed that the owner may make improvements to the alley to provide access, to include paving, providing it meets minimum City Standards and does not limit the use of the alley to members of the public. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. ATTEST: / 2 / a l it BItNDA R. WHEELER, CITY CLERK CITY OF BLAIR, NEBRASKA B JA � E. REALPH, MAYOR By PURCHASERS: By 7 6'A Mary St Ann Wilson STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 23 day of Aio( n ! , 2004, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. STATE OF - EOUNTY e. GENERAL NOTARY -State of Nebraska KATHERINE D. LOUDNER. My Comm. Exp. June 17, 202).2 PATRICIA A. STUPARICH NOTARY PUBLIC, State of Tam My Commiaion Expoes luxe 7, 2001 as: ) / otJr dcrx VIC4vALALb--61 VU(11 R, NOTARY PUBLIC COI/ I On this t day of /V 1 . ' — , 2004, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Mary Stearly and Ann Wilson, Buyers, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC/ State of Nebraska, County of t-gi The foregoing instrument was acknowledged before me on this / C� day of k' U\le4-vZ i , 2004 by ifq.o. ' r 5je (- Witness my hand and seal: (L./0/u.; _:\ GENERAL NOTARY • State of Nebraska N!' AMY S. FAHNHOLZ My Comm. Exp. Febr. 2, 2006 6 Q 5/8° Rebar Found ❑ 5/8' Reber With Plastic Cap Stamped LS -382 Found • 5/6" x 24" Rebar With Plastic Cap Stamped LS -382. Set o Computed Comer (Not Set) 180,06'(Pro.$ M ) 60.010) 60.0'(P) 5 4 1 0 50 LEGEND SCALE: 1 INCH = 50 FEET N 00 E 27.45' ▪ _i_ 89 W �` - 9 ? 179.84' -- 179.98'(R) - 13' - 60 .0'(P) 60.0'(P) 60.0'(P) T 7 I 8 9 1 100 Feet Measured Distance Prorated Distance Record Distance Platted Distance Computed Distance WASHINGTON STREET 457.08' S 89 °57'42" E (Assumed Bearing) 360.12'(C) Radius - 35.00' Arc Distance - 14.64' Chord Bearing - S 64 0 52'14" E Chord Distance - 14.53' LEGAL DESCRIPTION: Part of Lots 1, 2 and 3, all lying in Biock 84, Third Addition to the City of Blair, Washington County, Nebraska and more particularly described as follows: From an iron found at the Northwest Corner of Block 84 in the Third Addition to the „City of Blair; thence S 89 °57'42" E (assumed bearing) along the northerly line of said Block 84 a distance of 180.06 feet to the Northwest Corner of Lot 3 in said Block 84 and the Point of Beginning; thence continuing S 89 °57'42" E along said northerly block line a distance of 114.70 feet to a point on a 35.00 foot radius curve to the right; thence southeasterly along said 35.00 foot radius curve to the right an arc distance of 14.64 feet, said curve having a chord bearing of 8 64 ° 52'14" E and a chord distance 0114.53 feet to a point on the southwesterly line of a 1179.27 square foot tract of land as deeded to the State of Nebraska Departrnent of Roads arid as described in a deed filed In Deed Book 279, Pages 156 and 157, at the County Clerk's office in the Washington County Courthouse; thence S 37 °45'58" E along said southwesterly deeded line a distance of 18.26 feet to a point on a 35.00 foot radius curve to the right; thence departing said southwesterly deeded line and along said 35.00 foot radius curve an arc distance of 9.18 feet, sald curve having a chord bearing of S 15 °07'41" E and a chord distance of 9.16 feet, to a Point of Tangency; thence S 07 ° 36'45" E a distance of 21.00 feet to a Point of Curvature; thence along a 122.00 foot radius curve to the left an are distance of 41.38 feet to a Point of Tangency; thence S 27 ° 02'30" E a distance of 11.84 feet to a point on the southerly line of Lots 1 through 6 in said Block 84; thence N 89 °56'24" W along said southerly lot line a distance of 102.13 feet to the Southwest Corner of Lot 2 in said Block 84; thence N 00 ° 10'12" E along the west line of said Lot 2 a distance of 67.20 feet; thence N 84 °49'53" W a distance of 60.28 feet to a point on the westerly line of Lot 3 in said Block 84; thence N 00 °13'38" E along said westerly lot fine a distance of 27.45 feet to the Point of Beginning and containing 0.24 acres, more or less. U.S. HWY. 30 0 0 11 .70' _ 80.0V) 60.0'(P)�- t 6-157P) 0 80.00'(0 $ P) 9 S 37 °4 " E I '� 1,179.27 Sq. Ft/ Radius - 35.00' 9 60,2 18 -�b� I • Deeded Tract Arc Distance - 9.18' N 84° 0.24 AC• / Chord Bearing - S 15 °07'41" E 4953" W 10,248 Sq. Ft,l s , 7 Chord Distance - 9.16' w 3 at EN 1, 1 I-- n _ y, O Pi I$ 07 ° 36'45° E 11.1 n m V 21.00' o'`,2 e 'l o Raadius -12 90' i z Arc distance - 60 , " 102.13 N 89 °56'24" W _ _ 260.37' 60.0'(P) I 60.0'(P) 2 60.26'(R) 60.0r) 10 I 11 1 12 I S 27 °02'30" E z+ 80.00'(0 & P) 16.96'(0) • 43 01 ▪ R2 SURVEYOR'S CERTIFICATION: I hereby certify that the survey shown and described hereon was made under niy direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Nebraska. Richard L. Hansen Registered Land Surveyor Registration No. LS -382 Date: November 15, 2004 Client: City of Blair Job No.: 04 -135 E SC 32 RICHARD LEE • HAN =�- L5 -35 5E ,, ��iq��URAS 21.961 ENGINEERING 0 0000EYIN0 CO. INC. 936 00009 00„ P.O. 600 100 6LUR, NE"RAS6A, 6600a -0100 (402) 426 -9414 1 1 J00 No.: 0 1 FILE NO,: 9 : 0.1060: CITY Or BLAIR 1 00,0 BY; I15F 1 0092: 11/17 /00 ORDINANCE NO. 2019 AN ORDINANCE APPROVING THE SALE OF REAL ESTATE DESCRIBED AS PARTS OF LOTS 1, 2 AND 3, ALL LYING IN BLOCK 84, THIRD ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA TO MARY STEARLEY AND ANN WILSON 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 Agreement For Sale of Real Estate, 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 sale of the real estate from The City of Blair, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 23rd day of November, 2004. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) LL-L, /15f, 60' By ..—, _L-- -! JA E. REALPH, MA STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 23rd day of November, 2004. - BRENDA R. WHEELER AGREEMENT FOR SALE OF REAL ESTATE A THIS AGREEMENT made this Z3 day of THIS V , 2004, by and between the City of Blair, Nebraska, and a Municipal Corporation, hereinafter referred to as "Seller ", and Mary Stearly and Ann Wilson, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Parts of Lots 1, 2, and 3, All Lying in Block 84, Third Addition to the City of Blair, Washington County, Nebraska (See Attachment A) the said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Seventeen Thousand Nine hundred Thirty Four Dollars ($17,934.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before ninety (90) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said right of way for a storm sewer and any other utilities on said real estate. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be split equally between the parties. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase price shall be returned to the Buyer. Under no other circumstance shall the Buyer be entitled to a refund of the purchase price. This Agreement is further subject to all parties agreeing that: 1) this sale is subject to the Nebraska Department of Roads conveying that part of lot 3 currently owned by the Department of Roads to the City of Blair. 2). That all parties agree that there can not be any direct access to this property from Highway 3 0 or Tenth Street except through a joint access with Casey's on Highway 30 and the City Alley on Tenth St. It is further agreed that the owner may make improvements to the alley to provide access, to include paving, providing it meets minimum City Standards and does not limit the use of the alley to members of the public. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. ATTEST: ;'7 / // 1Z Gf) BRENDA R. WHEELER, CITY CLERK CITY OF BLAIR, NEBRASKA BY PURCHASERS: By 1 °1?r_, Mary Ste E. REALPH, MAYOR By 1 . _ 7a 11 OJT Ann Wilson STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this AD day of , Ar.'� f61/1 b ._ , 2004, before me, the undersigned allotary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year Last above written. GENERAL NOTARY-State of Nebraska KATHERINE D. LOUDNER My Comm. Exp. June 17, 2O STATE O ) ft7 4 (- ) :ss: COUNTY ) / 16 / 1/16:- " _CQ 4.1 Q Miuu NOTARY PUBLIC C cla 4,7 On this 7 ,170 day of /V1 Va 2004, before me, the undersigned allotary Public, duly commissioned and qualified for in said county, personally came Mary Stearly and Ann Wilson, Buyers, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. 1 PATRICIA A. STUPARICH NOTARY PUBLIC, State of Terns My Commission Repine June 7,2006 NOTARY PUBLIC State of Nebraska, County of u- 10 The foregoing instrument was acknowledged before me on this 14 j1±- day of A.1 vw1. r , 2004 by i110 Witness my hand and seal: �v�� .� d 49, ENERAL NOTARY - State of Nebraska AMY 5. FAHNHOt-Z My Comm Exp. Febr. 2, 2006 o 50 LEGEND SCALE: 1 INCH = 50 FEET o 5/8" Rebar Found 5/8" Rebar With Plastic Cap Stamped LS -382 Found • 5/8" x 24" Rebar With Plastic Cap Stamped LS- 382.Set O Computed Comer (Not Set) 100 Feel (M) Measured Distance (Pro.) Prorated Distance (R) Record Distance (P) Platted Distance (C) Computed Distance WASHINGTON STREET 457.08' S 89 ° 57'42" E (Assumed Bearing) 180,06'(Pro.& M� 360.12'(0) so.0' p _ 1111.70' O s0.o'(p) f 60.0'(P) 60.0'(P) 80.0•(P) I N 00 °13'38" E S 37 ° 45'58" E , 27.45' til oft° G • $I� 9) ° I 4 3 II N 89 ° 54'20" 4y p, 179.84' . 179.98.(R)--T - -- 60.0'(.) 60.0`(P) 1 60.0'(P) 60.0'(P) 7 1 8 9 1 `t 0 - 60.28' 18.26' N 89 ° 49'53" yy 0,24 Ac. 10,248 Sq. Ft.l o- ut o CV rcA z 6 012'(Pro .) Radius - 35.00' Arc Distance - 14 Chord Bearing - S 64 ° 52'14" E Chord Distance - 14.53' 60.0' 1,179.27 Sq. Ft/ Peeded Tract 2 1° 1 0 Radius - 122.00' Arc Distance - 41.38' " 102.13' N 89 ° 56'24" W 260.37' 60. 0'(P) 260.26'(R) 60.0'(P) 11 12 LEGAL DESCRIPTION: Part of Lots 1, 2 and 3, all lying in Block 84, Third Addition to the City of Blair, Washington County, Nebraska and more particularly described as follows: From an iron found at the Northwest Corner of Block 84 In the Third Addition to the,;City of Blair; thence S 89 °57'42" E (assumed bearing) along the northerly line of said Block 84 a distance of 180.06 feet to the Northwest Corner of Lot 3 in said Block 84 and the Point of Beginning; thence continuing S 89 ° 57'42" E along said northerly block line a distance of 114.70 feet to a point on a 35.00 foot radius curve to the right; thence southeasterly along said 35.00 foot radius curve to the right an arc distance of 14.64 feet, said curve having a chord bearing of S 64 °52'14" E and a chord distance of 14.53 feet to a point on the southwesterly line of a 1179.27 square foot tract of land as deeded to the State of Nebraska Department of Roads and as described in a deed filed in Deed Book 279, Pages 156 and 157, at the County Clerk's office in the Washington County Courthouse; thence S 37 °45'58" E along said southwesterly deeded line a distance of 18.26 feet to a point on a 35.00 foot radius curve to the right; thence departing said southwesterly deeded line and along said 35.00 foot radius curve an arc distance of 9.18 feet, said curve having a chord bearing of S 15 °07'41" E and a chord distance of 9.16 feet, to a Point of Tangency; thence S 07 °36'45" E a distance of 21.00 feet to a Point of Curvature; thence along a 122.00 foot radius curve to the left an are distance of 41.38 feet to a Point of Tangency; thence S 27 ° 02'30" E a distance of 11.84 feet to a point on the southerly line of Lots 1 through 6 in said Block 84; thence N 89 °5624" W along said southerly lot line a distance of 102.13 feet to the Southwest Corner of Lot 2 in said Block 84; thence N 00 ° 10'12" E along the west line of said Lot 2 a distance of 67.20 feet; thence N 84 °49'53" W a distance of 60.28 feet to a point on the westerly line of Lot 3 In said Block 84; thence N 00 °1638" E along said westerly lot line a distance of 27.45 feet to the Point of Beginning and containing 0.24 acres, more or less, 80.00'(C & P) Radius - 35.00' Arc Distance - 9.16' i. /Chord Bearing - S 15 "07'41' E / Chord Distance - 9 16' W F- LU S 07 ° 36'45` E IL 21.00' S 27 ° 02'30" EE 11.84' 80.00'(C & P) U.S. HWY. 30 16.96'(0) 6 SURVEYOR'S CERTIFICATION; hereby certify undermy dire tsupe and that I am duly Registered Land Surveyor under the laws of the State of Nebraska. kef ,, Richard L. Hansen Registered Land Surveyor Registration No. LS -382 Date; November 15, 2004 Client: City of Blair Job No.: 04 -135 G E S O 1114n /I // c ` 9 ` 1 (n; RICHARD LEE ' Ems: HANSEN 7)- ?�'• L3 -382 i/ l NOR AS I g 4 1o� p SLAIN ENGINEERING a suaivgY:10 CO, INC. 436 GRANT ST., P.O. eon 100 RI - Vfl, N665.46 A, 6800E -0100 (402) 499 -94)4 Lice No.: 04-155 I F. N4.: 0: 'EP151fryrECrs104155104- I33.0wc r WENT. CITY Of 9IAIR 1 0 6400 eh 102.1' !DAM 1717/04 ORDINANCE NO. 2020 AN ORDINANCE VACATING THE REAL ESTATE GENERALLY DESCRIBED AS A SUBDIVISION OF TAX LOTS 60 AND 87 AND LOT 3 OF BELLA VISTA SUBDIVISION LYING IN THE SE 1/4 OF THE SE1 /4 OF THE SECTION 3, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6 PRINCIPAL MERIDIAN, WASHINGTON COUNTY, NEBRASKA, AND ANNEXING REAL ESTATE WHICH WILL BECOME LOT 3 BELLA VISTA FIRST ADDITION, IN BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above is adjacent and contiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. That the tracts of real estate described as: all of Tax Lots 60 and 87 and Lot 3 of Bella Vista Addition, lying in the SE1 /4 of the SE1 /4 of Section 3, Township 18 North, Range 11 East of the 6 Principal Meridian, Washington County, Nebraska. Said real estate shall be vacated from Bella Vista Subdivision and annexed by the City of Blair to become Lot 3, Bella Vista First Addition in Blair, Washington County, Nebraska. (See attached Exhibit "A "). SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described tracts of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 14th day of December, 2004. ATTEST: (SEAL) BRENDA R. WHEELER, CITY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA C Y�f E. REALPH, MAYOR BRENDA R. WHEELER 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 14t day of December, 2004. 2,„ix BRENDA R. WHEELER, CITY CLERK