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CITY OF BLUE SPRINGS, NEBRASKA
CITY ORDINANCES

ORDINANCE NO. 457

AN ORDINANCE PERTAINING TO A SPECIAL USE PERMIT FOR A MULTI-UNIT COMMERCIAL STORAGE FACILITY IN THE R-1 RESIDENTIAL DISTRICT; TO APPROVE A SPECIAL USE PERMIT FOR A MULTI-UNIT COMMERCIAL STORAGE FACILITY IN THE R-1 RESIDENTIAL DISTRICT; TO DESCRIBE THE PROPERTY SUBJECT TO THE SPECIAL USE PERMIT; TO ATTACH A CONDITION REGARDING EXTERIOR LIGHTING; AND TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

WHEREAS, Section 5.24 of the Zoning Regulations of the City of Blue Springs, Nebraska, provides for the issuance of a special use permit for multi-unit commercial storage facilities in the R-1
Residential District.

WHEREAS, John Woodyard has applied for a special use permit to use the below described property for a multi-unit commercial storage facility:

Lots Four (4), Five (5), Six (6) and Seven (7), Block One (11), Blackman’s Addition to the City of Blue Springs, Gage County, Nebraska.

WHEREAS, on the 6 day of June, 2017, at 7:00 p.m., the Planning th and Zoning Commission of the City of Blue Springs, Nebraska, conducted a public hearing on the propriety of the issuance of said special use permit. Pursuant to Section 6.2 of the Zoning Regulations of the City of Blue Springs, Nebraska and Neb. Rev. Stat. § 19-904, notice of the purpose, time, and place of such hearing was given by publication thereof in a paper of general circulation in the City, one time at least ten (10) days prior to such hearing. In addition, a notice of the hearing in sign form was posted in a conspicuous place on or near the property at least ten days prior to the hearing.

WHEREAS, the Planning and Zoning Commission of the City of Blue Springs, Nebraska, voted unanimously to recommend to the Mayor and Council of the City of Blue Springs, Nebraska, that the special use permit be approved.

WHEREAS, on the 6th day of June, 2017, at 7:30 p.m., the Mayor and Council of the City of Blue Springs, Nebraska, conducted a public hearing on the propriety of the issuance of said special use permit. Pursuant to Section 6.2 of the Zoning Regulations of the City of Blue Springs, Nebraska and Neb. Rev. Stat. § 19-904, notice of the purpose, time, and place of such hearing was given by publication thereof in a paper of general circulation in the City, one time at least ten (10) days prior to such hearing. In addition, a notice of the hearing in sign form was posted in a conspicuous place on or near the property at least ten days prior to the hearing.

WHEREAS, after the public hearing, the Mayor and Council of the City of Blue Springs, Nebraska, found that the use of the premises situated on the above-described property for a multi-unit commercial storage facility would be compatible with and similar to the use permitted in the district, not be a matter which would require re-zoning of the property, not be detrimental to adjacent property, not tend to depreciate the value of the surrounding structures or property, be compatible with the stated intended use of the district, not change the character of the district; and be in accordance with the Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. The Application for a Special Use Permit submitted by John Woodyard for the following described property:

Lots Four (4), Five (5), Six (6) and Seven (7), Block One (11), Blackman’s Addition to the City of Blue Springs, Gage County, Nebraska.

is hereby granted, and that John Woodyard shall be allowed to use the above-described property for a multi-unit commercial storage facility with the following condition attached: if exterior lighting is to be used, all lighting for the multi-unit commercial storage facility shall be located above the doors to the units and directed only to illuminate down onto the doors.

Section 2. That this ordinance shall be in full force and effect from and after its passage, approval and publication or posting as required by law.

Passed and approved this 6 th day of June, 2017.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche, City Clerk


ORDINANCE NO. 456

AN ORDINANCE TO AMEND ZONING RPROVISIONS REGARDING PERMITTED SPECIAL USES IN THE R-1 RESIDENTIAL SINGLE FAMILY DISTRICT, TO ALLOW FOR MULTI-UNIT COMMERCIAL STORAGE FACILITIES AS A PERMITTED SPECIAL USE, TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCE OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Article 5, Section 5.24 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.24 PERMITTED SPECIAL USES: A building or premises may be used for the following purposes in the R-1 Residential District if a special permit for such use has been obtained in accordance with Article 6 of these regulations.

1. Medical clinics;
2. Mortuaries;
3. Child care center;
4. Museum and apart galleries;
5. Nursing homes;
6. Public and private golf courses
7. Retirement homes;
8. Bed and breakfast homes;
9. Townhouses;
10. Multifamily dwellings; and
11. Multi-unit commercial storage facilities.

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with it provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as require by law.

Passed and approved this 16th day of May, 2017

Lonnie Meyer, Mayor

(Seal)
Katherine A. Roche, City Clerk





ORDINANCE NO. 455

AN ORDINANCE RELATING TO THE ZONING REGULATIONS OF THE CITY OF BLUE SPRINGS; TO REDEFINE THE TERM ACCESSORY BUILDING; TO PROHIBIT THE PLACEMENT OF COMMERCIAL TRAILERS OR COMMERCIAL STORAGE CONTAINER ON PROPERTY LOCATED IN RESIDENTIAL AND COMMERCIAL ZONED DISTRICTS; TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That the definition of ACCESSORY USE OF BUILDING contained in Section 3.3 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

ACCESSORY USE OF BUILDING:

A subordinate building or use which customarily is incidental to that of the main or principle building or use of the premises. Customary accessory uses include, but are not limited to, tennis courts, swimming pools, detached garages, garden houses, antenna/satellite dishes, amateur radio or land mobile towers of less than 100 feet, and residential, agricultural and recreational storage sheds. Garages or other accessory uses attached to the principle structure shall be considered a part thereof and meet the requirements of the principal structure. Accessory building or use shall not include a commercial trailer as defined in section 60-301(5) RS Neb. that is placed on property after its wheels, axles, springs and towing tongue have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property.
Section 2. That Article 5, Section 5.15 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.15 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the AGR Agricultural Residential District.

2. No person shall place on property zoned AGR Agricultural Residential a commercial trailer as defined in section 60-301 (5) RS Neb. that is placed on property after its wheels, axles, springs and towing tongue have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportion of property.

Section 3. That Article 5, Section 5.25 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.25 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the R-1 Residential District.

2. No person shall place on property zoned R-2 Residential a commercial trailer as defined in section 60-301 (5) RS Ne. that is placed on property after its wheels, axles, springs and towing tongue have been removed or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportation of property.

Section 5. That Article 5, Section 5.45 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.35 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the R-2 Residential District.

2. No person shall place on property zoned R-1 Residential a commercial trailer as defined in section 60-301 (5) RS Neb. that is placed on property after its wheels, axles, springs and towing tongue have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportation of property.

Section 4. That Article 5, Section 5.35 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.45 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the R-3 Residential District.

2. No person shall place on property zoned R-3 Residential a commercial trailer as defined in section 60-301 (5) RS Neb. that is placed on property after its wheels, axles, springs and towing tongue have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportation of property.

Section 6. That Article 5, Section 5.55 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows:

5.55 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the C-1 Commercial Business District.

2. No person shall place on property zoned C-1 Commercial Business a commercial trailer as defined in section 60-301 (5) RS Neb. that is placed on property after its wheels, axles, springs and towing tongued have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportation of property.

Section 7. That Article 5, Section 5.66 of the Zoning Regulations of the City of Blue Springs, Nebraska, be amended to read as follows.

5.66 PROHIBITED USES AND STRUCTURES:

1. All other uses and structures which are not specially permitted or not permissible as special uses shall be prohibited from the C-2 Highway Commercial District.

2. No person shall place on property zoned C-2 Highway Commercial a commercial trailer as defined in section 60-301 (5) RS Neb. that is placed on property after its wheels axles, springs and towing tongue have been removed, or a commercial storage container, that is intended to be used for the shelter, protection and storage of property. Nothing in this subsection shall prohibit the temporary parking of a licensed commercial trailer as defined in section 60-301 (5) on private property that is used and maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, maintained primarily for the transportation of property.

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 8. That any other ordinance or section passed and approved prior to the passage, approval and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 9. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

Passed and approved this 7th day of February, 2017.

Lonnie Meyer, Mayor

Katherine A Roche, City Clerk


ORDINANCE No. 454

AN ORDINANCE RELATING TO GOLF CAR VEHICLES; TO DEFINE TERMS; TO ALLOW THE OPERATION WITHIN THE CORPORATE LIMITS UNDER CERTAIN CIRCUMSTANCES; TO IMPOSE RESTRICTIONS ON THE USE OF GOLF CAR VEHICLES, TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Chapter 5, Article 5, Section 5-502, of the Municipal Code of Blue Springs, Nebraska, be added to read as follows

5-502 GOLF CAR VEHICLES; OPERATION; RESTRICTIONS. (1) For purposes of this section:

(a) Golf car vehicle means a vehicle that has at least four wheels, has a maximum level ground speed of less than twenty miles per hour, has a maximum payload capacity of one thousand two hundred pounds, has a maximum gross vehicle weight of two thousand five hundred pounds, has a maximum passenger capacity of not more than four persons, and is designed and manufactured for operation on a golf course for sporting and recreation purposes, and is not being operated within the boundaries of a golf course.

(b) Road means a public way for the purpose of vehicular travel, including the entire area within the right-of-way; and

(c.) Street means a public way for the purpose of vehicular travel in the Municipality and includes the entire area within the right-of-way.

(2) A golf car vehicle may be operated only between sunrise and sunset and only on streets with a posted speed limit of thirty-five miles per hour or less. A golf car vehicle shall not be operated at a speed in excess of twenty miles per hour (20 mph). When operating a golf car vehicle as authorized in this section, the golf car vehicle shall be equipped with a bicycle safety flag which extends not less than five feet (5?) above the ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

(3) Any person operating a golf car vehicle as authorized in subsection (2) of this section shall have:

(a) A valid Class O operator?s license, and

(b) Liability insurance coverage for the golf car vehicle while operating the golf car vehicle on a road or street. The person operating the golf car vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request; and

(4) Golf car vehicles may be operated without complying with subsections (2) and (3) of this section on roads and streets in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.

(5) A golf car vehicle shall not be operated at any time on any state or federal highway but may be operated upon such a highway in order to cross a portion of the highway system which intersects a street as directed in subsection (6) of this section.

(6) The crossing of a highway shall be permitted by a golf car vehicle only if:

(a) The crossing is made at an angle approximately ninety degrees (90) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;

(c.) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

(d) In crossing a divided highway, the crossing is made only at an intersection of such highway with a street or road, as applicable.

(Ref 17-505, 60-622.01, 60-680, 60-6.381 RS Neb.)

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved this 20th day of September, 2016.

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk


ORDINANCE NO. 451

An ordinance establishing a 3% fee on Black Hills Energy (Natural Gas) companies operating in the City of Blue Springs, Nebraska

Be it ordained by the City of Blue Springs, Nebraska:

The City of Blue Springs, Nebraska, (hereinafter referred to as the "Municipality") hereby establishes fee on every natural gas company and every other person, firm or corporation, their successors and assigns, owning, operating, controlling, leasing or managing a natural plant or system and/or generating, manufacturing, selling, distributing or transporting natural gas (hereinafter referred to, collectively, as "Energy Providers," each, individually, an "Energy Provider"). Energy Providers shall collect from their customers located within the corporate limits of the Municipality as depicted on the Map (as defined below) (but not from the Municipality) and pay to the Municipality an amount equal to three percent (3%) of gross receipts Energy Providers derive from the sale, distribution or transportation of natural gas delivered within the present or future limits of the Municipality. Gross receipts as used herein are revenues received from the sale, distribution or transportation of natural gas, after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered. The amount paid by Energy Providers shall be in lieu of, and Energy Providers shall be exempt from, all other fees, charges, taxes or assessments which the Municipality may impose for the privilege of doing business within the Municipality, including, without limitation, excise taxes, [occupation taxes], licensing fees, or right-of-way permit fees, and in the event the Municipality imposes any such fee, charge, tax or assessment, the payment to be made by Energy Providers in accordance with this Ordinance shall be reduced in an amount equal to any such fee, charge, tax or assessment imposed upon the Energy Providers. Ad valorem property taxes imposed generally upon all real and personal property within the Municipality shall not be deemed to affect Energy Providers' obligations under this Ordinance.

Energy Providers shall report and pay any amount payable under this Ordinance on a semi-annual basis. Such payment shall be made no more than thirty (30) days following the close of the period for which payment is due. Initial and final payments shall be prorated for the portions of the periods at the beginning and end of any franchise granted by the City of Blue Springs, Nebraska, to an Energy Provider.

Energy Providers shall list the fee collected from customers as a separate item on bills for utility service issued to their customers. If at any time the Nebraska Public Service commission or other authority having proper jurisdiction prohibits such recovery, Energy Providers will no longer be obligated to collect and pay the fee. In addition, Energy Providers may reduce the fee payable for natural gas delivered to a specific customer when such reduction is required to attract or retain the business of that customer.

Within ten (10) days of the date of this ordinance, the Municipality shall provide the Energy Providers with a map of its corporate limits (the "Map"). The Map shall be of sufficient detail to assist Energy Providers in determining whether their customers reside within the Municipality's corporate limits. The Map shall serve as the sole basis for determining Energy Provider's obligation hereunder to collect and pay the [fee or tax type] from customers; provided, however, that if the Municipality's corporate limits are changed by annexation or otherwise, it shall be the Municipality's sole responsibility to (a) update the Map so that such changes are included therein, and (b) provide the updated Map to the Energy Providers. An Energy Provider's obligation to collect and pay the [fee or tax type] from customers within an annexed area shall not commence until the later: (a) of sixty (60) days after such Energy Provider's receipt from the Municipality of an updated Map including such annexed area, or (b) such time after such Energy Provider's receipt from the Municipality of an updated Map including such annexed area as is reasonably necessary for such Energy Provider to identify the customers in the annexed area obligated to pay the fee.

The Municipality shall have access to and the right to examine, during normal business hours, such of an Energy Provider's books, receipts, files, records and documents as is reasonably necessary to verify the accuracy of payments due hereunder; provided, that the Municipality shall not exercise such right more than twice per calendar year. If it is determined that a mistake was made in the payment of any fee required hereunder, such mistake shall be corrected promptly upon discovery such that any under-payment by an Energy Provider shall be paid within thirty (30) days of recalculation of the amount due, and any over-payment by an Energy Provider shall be deducted from the next payment of such fee due by such Energy Provider to the Municipality; provided, that neither party shall have the obligation to correct a mistake that is discovered more than one (1) year after the occurrence thereof.

Passed and approved by the City Council of the City of Blue Springs, Nebraska, on this 21st day of January, 2014.

Lonnie Meyer, Mayor

Attest:

Katherine A. Roche, Blue Springs City Clerk


ORDINANCE NO. 449

An Ordinance granting Black Hills/Nebraska Gas Utility Company, LLC d/b/a Black Hills Energy, a Delaware corporation, its lessees, successors and assigns, a natural gas franchise and the authority to construct, operate, maintain, and extend a natural gas distribution plant and system, and granting the right to use the streets, alleys, and other public places within the present or future corporate limits of the City of Blue Springs, Nebraska

Be it ordained by the City Council of the City of Blue Springs, Nebraska, as follows:

FRANCHISE GRANTED
The City of Blue Springs, Nebraska (hereinafter referred to as "Grantor"), hereby grants a non-exclusive franchise to Black Hills/Nebraska Gas Utility Company, LLC d/b/a Black Hills Energy, a Delaware limited liability corporation (hereinafter called "Grantee"), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over, above, or across the present and future streets, alleys, avenues, bridges, public rights-of-way and public easements as are now within the present or future limits of said Grantor, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas and other operations connected therewith or incident thereto for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof, and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof. Such facilities shall include, but not be limited to, all mains, services, pipes, poles, communication devices, conduits and all other apparatus and appliances necessary or convenient for transporting, distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business.

TERM
The rights and privileges granted hereunder shall remain in effect for a period of Twenty Five (25) years from the effective date of this Ordinance.

GOVERNING RULES AND REGULATIONS
The franchise granted hereunder is subject to all conditions, limitations and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by state or federal law. The rates to be charged by Grantee for service within the present or future corporate limits of Grantor and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee, shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee. Provided however, should any judicial, regulatory or legislative body having proper jurisdiction take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and Grantor shall renegotiate the terms of this Ordinance in accordance with the action taken. In determining the rights and duties of the Grantee, the terms of this Ordinance shall take precedence over any conflicting terms or requirements contained in any other ordinance enacted by the Grantor.

PROVISION FOR INADEQUATE ENERGY SUPPLIES
If an energy supplier is unable to furnish an adequate supply of energy due to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing or allocating extensions of service or supply of energy to any customers or prospective customers, and withholding the supply of energy to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and shall be non-discriminatory as between communities receiving service from the Grantee.

CONSTRUCTION AND MAINTENANCE OF GRANTEE'S FACILITIES
Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the inhabitants of Grantor and the general public as is reasonably necessary, and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good as condition as existed immediately prior to excavation.

Grantee agrees that for the term of this franchise, it will use its best efforts to maintain its facilities and equipment in a condition sufficient to meet the current and future energy requirements of Grantor, its inhabitants and industries. While maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance and will fix its excavations within a commercially reasonable time period, except that in emergency situations Grantee shall take such immediate unilateral actions as it determines are necessary to protect the public health, safety, and welfare; in which case, Grantee shall notify Grantor as soon as reasonably possible. Within a reasonable time thereafter, Grantee shall request and Grantor shall issue any permits or authorizations required by Grantor for the actions conducted by Grantee during the emergency situation.

Grantor will give Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved that affects Grantee's facilities. The notice shall contain the nature and character of the improvements, the rights-of-way upon which the improvements are to be made, the extent of the improvements, and the time when the Grantor will start the work, and, if more than one right-of-way is involved, the order in which the work is to proceed. The notice shall be given to the Grantee as soon as practical in advance of the actual commencement of the work, considering seasonable working conditions, to permit the Grantee to make any additions, alterations, or repairs to its facilities.

EXTENSION OF GRANTEE'S FACILITIES
Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria as approved by the Nebraska Public Service Commission make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of Grantor.

RELOCATION OF GRANTEE'S FACILITIES
If Grantor elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right-of-way or public place for a public purpose, unless otherwise reimbursed by federal, state or local legislative act or governmental agency, Grantee, upon reasonable notice from Grantor, shall remove and relocate its facilities or equipment situated in the public rights-of-way, at the cost and expense of Grantee, if such removal is necessary to prevent interference with Grantor's facilities.

If Grantor orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference with such project, then Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment.

Grantor shall consider reasonable alternatives in designing its public works projects and exercising its authority under this section so as not to arbitrarily cause Grantee unreasonable additional expense. If alternative public right-of-way space if available, Grantor shall also provide a reasonable alternative location for Grantee's facilities. Grantor shall give Grantee written notice of an order or request to vacate a public right-of-way; provided, however, that its receipt of such notice shall not deprive Grantee of its right to operate and maintain its existing facilities in such public right-of way until it (a) if applicable, receives the reasonable cost of relocating the same and (b) obtains a reasonable public right-of-way, dedicated utility easement, or private easement alternative location for such facilities.

CONFIDENTIAL INFORMATION
Grantor acknowledges that certain information it might request from Grantee pursuant to this Ordinance may be of a proprietary and confidential nature, and that such requests may be subject to the Homeland Security Act or other confidentiality protections under state or federal law. If Grantee requests that any information provided by Grantee to Grantor be kept confidential due to its proprietary or commercial value, Grantor and its employees, agents and representatives shall maintain the confidentiality of such information, to the extent allowed by law. If Grantor is requested or required by legal or administrative process to disclose any such proprietary or confidential information, Grantor shall promptly notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief.

FORCE MAJEURE
It shall not be a breach or default under this Ordinance if either party fails to perform its obligations hereunder due to force majeure. Force majeure shall include, but not be limited to, the following: 1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines; 2) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars; 3) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, executive order, or regulation promulgated by a governmental authority having jurisdiction; and (4) any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid force majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance of its obligations hereunder; provided, however, that this provision shall not obligate a party to settle any labor strike.

HOLD HARMLESS
Grantee, during the term of this Ordinance, agrees to save harmless Grantor from and against all claims, demands, losses and expenses arising directly out of the negligence of Grantee, its employees or agents, in constructing, operating, and maintaining its distribution and transmission facilities or equipment; provided, however, that Grantee need not save Grantor harmless from claims, demands, losses and expenses arising out of the negligence of Grantor, its employees or agents.

SUCCESSORS AND ASSIGNS
All rights, privileges and authority granted to Grantee hereunder shall inure to the benefit of Grantee's lessees, successors and assigns, subject to the terms, provisions and conditions herein contained, and all obligations imposed upon Grantee hereunder shall be binding upon Grantee's lessees, successors and assigns.

NO THIRD PARTY BENEFICIARIES
This Ordinance constitutes a franchise agreement between the Grantor and Grantee. No provision of this Ordinance shall inure to the benefit of any third person, including the public at large, so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto.

SEVERABILITY
If any clause, sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction, the remaining provisions shall not be affected.

NON WAIVER
Any waiver of any obligation or default under this Ordinance shall not be construed as a waiver of any future defaults, whether of like or different character.

REPEAL CONFLICTING ORDINANCES
This Ordinance, when accepted by Grantee as provided below, shall constitute the entire agreement between the Grantor and the Grantee relating to the franchise granted by Grantor hereunder, and the same shall supersede all prior ordinances relating thereto, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. _____ of the City of Blue Springs, Nebraska, is hereby repealed as of the effective date hereof.

EFFECT AND INTERPRETATION OF ORDINANCE
The captions that precede each section of this Ordinance are for convenience and/or reference only and shall not be taken into consideration in the interpretation of any of the provisions of this Ordinance.

EFFECTIVE DATE AND ACCEPTANCE
This Ordinance shall become effective and be a binding contract between the Grantor and Grantee upon its final passage and approval by Grantor, in accordance with applicable laws and regulations, and upon Grantee's acceptance by written instrument, within sixty (60) days of passage by the City Council, and filing with the Clerk of the City of Blue Springs, Nebraska. The Clerk of the City of Blue Springs, Nebraska shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not, within sixty (60) days following passage of this Ordinance, either express in writing its objections to any terms or provisions contained therein, or reject this Ordinance in its entirety, Grantee shall be deemed to have accepted this Ordinance and all of its terms and conditions.

Passed and approved by the Council of the City of Blue Springs, Nebraska, this 21st day of January, 2014.


Lonnie Meyer, Mayor
Attest:
Katherine A. Roche, Blue Springs City Clerk

ORDINANCE NO. 450

AN ORDINANCE TO AMEND WATER RATES; TO AMEND WATER RATES PAID BY CONSUMERS OF WATER SERVICE FROM THE MUNICIPAL WATER SUPPLY SYSTEM; TO ESTABLISH A MINIMUM MONTHLY RATE AND A PER THOUSAND GALLON RATE TO BE PAID BY CONSUMERS OF WATER SERVICE FROM THE MUNICIPAL WATER SUPPLY SYSTEM BASED ON QUARTERLY CONSUMPTION; TO PROVIDE FOR THE REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.


BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Chapter 3, Article 1, Section 3-109 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

§3-109 MUNICIPAL WATER DEPARTMENT; RATES; MINIMUM CHARGE. (1) Meters shall be read every third month and consumers shall be billed monthly. All water consumers shall be liable for the following minimum rates provided by this section unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the water at the stop box, in which case he or she shall not be liable thereafter for the water rental until the water is turned on again:

WATER RATES

a. Minimum bill of $16.50.

b. All gallons used or consumed in any month, $1.50 per 1,000 gallons.

PROVIDED, HOWEVER, that in no event shall the minimum monthly rate be less than $16.50 per month for each tap through which water is furnished.

(2) The tariff of water rates established by this section shall be effective with the billing to be sent to customers on February 1, 2014.

(3) The deposit required for connection to the Municipal Water Supply System for water and sewer service shall be $100.00.

(4) The Municipal Water Department shall require a $50.00 tap-in fee for all new taps to the Municipal Water Supply System.

(5) The Governing Body shall review the rates established herein on an annual basis. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 285, 12/18/79; 290, 04/20/82; 386, 02/04/92; 388, 09/01/92; 417, 05/07/02; 429, 02/21/06; 445, 06/15/10)

Section 2. That any other ordinance or section passed and approved prior to passage, approval and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

Passed and approved this 7th day of January, 2014.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche, City Clerk

ORDINANCE NO. 448

AN ORDINANCE TO AMEND PROVISIONS REGARDING THE REGULATION OF DANGEROUS DOGS; TO DESIGNATE THE GAGE COUNTY SHERIFF’S OFFICE AS THE ANIMAL CONTROL AUTHORITY FOR THE ENFORCEMENT OF STATE STATUTES RELATING TO DANGEROUS DOGS; TO PROHIBIT RELOCATION OF A DANGEROUS DOG WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY; TO REPEAL SECTIONS 6-121, 6-122, 6-123, 6-124, AND 6-125; TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS,
NEBRASKA:

Section 1. That Chapter 6, Article 1, Section 6-119, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

§6-119 DANGEROUS DOGS; ANIMAL CONTROL AUTHORITY. The Gage County Sheriff’s Office is hereby designated as the Animal Control Authority for the Municipality for the specific purpose enforcing the dangerous dogs statutes, Neb. Rev. Stat. §§ 54-617 through 54-624, within the corporate limits of the Municipality. (Ref. 54-617, 54-624 RS Neb.)

Section 2. That Chapter 6, Article 1, Section 6-120, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

§6-120 DANGEROUS DOGS; RELOCATION PROHIBITED. A dangerous dog that has been declared as such by a county, or another city or village shall not be relocated within the corporate limits of the Municipality. (Ref. 54-618, 54-624 RS Neb.)

Section 3. That Section 6-121, 6-122, 6-123, 6-124 and 6-125 of the Municipal Code of Blue Springs, Nebraska, are hereby repealed.
Section 4. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 5. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved this 3rd day of September, 2013.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche, City Clerk

ORDINANCE NO. 434

AN ORDINANCE TO AMEND PROVISIONS RELATING TO UNLICENSED OR INOPERABLE VEHICLES; TO DEFINE TERMS; TO ENACT PROHIBITIONS REGARDING UNLICENSED OR INOPERABLE VEHICLES; TO PROVIDE FOR EXCEPTIONS; TO REPEAL SECTIONS 6-340.01, 6-340.02, 6-340.03, 6-340.04 AND 6-340.05; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA,

Section 1. That Chapter 6, Article 3, Section 6-340, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

6-340 OFFENSES; UNLICENSED OR INOPERABLE VEHICLES.

1. For the purposes of this section, the following definitions shall apply:

a. Vehicle. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and used to transport persons or property or pull machinery and shall include, but not be limited to, automobiles, trucks, trailers, motorcycles, tractors, and wagons.

b. Inoperable Vehicle. A vehicle on which the engine, wheels, or other parts have been removed, altered, damaged or otherwise so treated or allowed to deteriorate so that the vehicle is incapable of being driven under its own powers. An inoperable vehicle shall include any vehicle which is not equipped with a front windshield or side mirrors. A vehicle which does not have an unexpired license plate or plates affixed thereto shall be presumed to be an inoperable vehicle, provided that such presumption may be rebutted.

2. Unlicensed Or inoperable Vehicles Prohibited. No person shall park, store, leave or permit the parking, storing or leaving of any unlicensed or inoperable vehicle upon any private property within the Municipality for a period of time in excess of thirty (30) days.

3. Unlicensed Or Inoperable Vehicles on Public Property. No person shall leave any unlicensed or inoperable vehicle on public property within the corporate limits and extra territorial zoning jurisdiction of the Municipality in excess of forty-eight (48) hours.

4. Exception for Enclosures. Nothing in this section shall be construed to prohibit any person from storing up to two unlicensed or inoperable vehicles upon private property when enclosed within a building or screened completely from the public view by a solid, opaque fence at least six (6?) in height.

5. Exception for Business. Nothing in this section shall be construed to apply to any motor vehicle held in connection with and stored on the premises of a lawful auto repair shop or auto body repair shop operating in an appropriate commercial or industrial zoning district.

6. Offense. Any person who maintains an unlicensed or inoperable vehicle in violation of this section shall be deemed to be guilty of an offense. (Ref. 17-505, 18-1720 RS Neb.) (Ord. No. 376, 4/18/89)

Section 2. That Sections 6-340.01, 6-340.02, 6-340.03, 6-340.04 and 6-340.05 be, the same herby are, repealed.

Section 3. That any other ordinance or section passed and approved to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 4. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved this 15th day of July, 2008.

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk

ORDINANCE NO. 439

AN ORDINANCE TO AMEND PROVISIONS RELATING TO THE ABATEMENT AND REMOVAL OF WEEDS, LITTER AND STAGNANT WATER; TO AMEND PROVISIONS REGARDING THE SERVICE OF NOTICE TO ABATE AND REMOVE; TO PROVIDE FOR ALTERNATIVE SERVICE BY PUBLICATION OR POSTING; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA.

SECTION 1. That Chapter 6, Article 3, Section 6-318, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

6-318 MISDEMEANORS; WEEDS, LITTER, STAGNANT WATER.

1. Lots or pieces of ground within the Municipality shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

2. The owner or occupant of any lot or piece of ground within the Municipality shall keep the lot or piece of ground and adjoining streets and alleys free of any growth of twelve inches (12?) or more in height of weeds, grasses, or worthless vegetation.

3. The throwing, depositing, or accumulation of litter on any lot or piece of ground within the Municipality is prohibited; provided, that grass, leaves, and worthless vegetation may be used as ground mulch or in a compost pile.

4. It is hereby declared to be a nuisance to permit or maintain any growth of twelve (12?) inches or more in height of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles.

5. Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.

6. 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 Municipality or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five (5) days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2) months after such work is done, the Municipality 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 from 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.

7. For purposes of this section:

a. Litter includes but is not limited to (i), 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 and

b. Weeds include, but is not limited to bindweed (Convolvulus arvensis), pucture vine (Tribulus terrestris), leafy spruge (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 (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus) (tourn), hemp plant (Canabis sativa), and ragweed (Ambrosiaceae). (Ref 17-505, 17-563, 18-1720 RS Neb.) (Amended by Ord. No. 404, 12/19/95)

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved this 19th day of August, 2008.

Lonnie Meyer, Meyer

Katherine A. Roche, City Clerk


ORDINANCE NO. 441

AN ORDINANCE PERTAINING TO ZONING REGULATION; TO AMEND PROVISIONS REGARDING THE REGULATION OF FENCES, WALLS AND HEDGES; TO PROVIDE FOR THE REGULATION OF THE PLACEMENT OF REAR YARD FENCES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA,

Section 1. That Article 8, Section 8.8, of the Zoning Regulations of Blue Springs, Nebraska, be amended to read as follows:

8.8 FENCE REGULATIONS. Notwithstanding other provisions of the Zoning Regulations, fences, walls and hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one half (3 ½) feet in height. Additionally, no fence, wall or hedge shall exceed two and one half 2 ½) feet in height when located within the site triangle of a corner lot. The following regulations shall apply to the construction of fences.

1. No fence shall be constructed closer to the street or alley than the property line. No fence shall be closer than two (2) feet to the sidewalk.

2. No fence erected in a required front yard shall materially obstruct public view. No component of a front yard fence shall exceed three and one half (3 ½) feet in height.

3. Permitted types of fences shall include split rail, chain link, wrought iron, plastic or other similar material so long as said material is designed or manufactured to be specially used for fences. No fence shall be constructed using barbed wire, chicken wire, pallets or livestock panels, except that barbed wire may be used in areas zoned AGR for agricultural purposes only, and chicken wire may be used as a barrier around gardens and flower beds during the growing season. In addition, snow fences shall not be permitted as a form of permanent fencing.

4. No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons of animals by intent of its construction or by inadequate maintenance.

5. No fence within Residential Districts, excepts fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet.

6. All fences shall conform to other applicable ordinances and resolutions.

7. In commercial and industrial districts, maximum height of fences shall be eight (8) feet. When industry standards for certain types of businesses require fences of greater heights, the Governing Body at their discretion, may allow greater heights.

8. All fences constructed in the City of Blue Springs shall comply with the provisions of this section and shall not be constructed or erected prior to the owner obtaining a building permit. (Ref. 17-505 RS Neb.)

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

Passed and approved this 3rd day of November, 2009.

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk



ORDINANCE NO. 445

AN ORDINANCE TO AMEND WATER RATES AND SEWER RATES; TO AMEND WATER RATES PAID BY CONSUMERS OF WATER SERVICE FROM THE MUNICIAPL WATER SUPPLY SYSTEM; TO ESTABLISH A MINIMUM MONTHLY RATE AND A PER THOUSAND GALLON RATE TO BE PAID BY CONSUMERS OF WATER SERVICE FROM THE MUNICIPAL WATER SUPPLY SYSTEM BASED ON QUARTERLY CONSUMPTION; TO INCREASE THE DEPOSIT FROM $40.00 TO $100.00; TO PROVIDE FOR AN ANNUAL REVIEW OF WATER RATES, TO AMEND PROVISIONS RELATING TO THE COLLECTION OF WATER BILLS AND CHARGES FOR NON-PAYMENT; TO PROVIDE THE OPTION FOR A WATER CUSTOMER TO PAY ON A BUDGET PAYMENT PLAN; TO AMEND PROVISIONS REGARDING RE-CONNECTION TO THE MUNICIAP WATER SUPPY SYSTEM AND TO INCREASE THE RE-CONNECTION FEES; TO AMEND SEWER USE CHARGES PAID BY SOUTHERN ELEMENTARY SCHOOL AND FAMILIES, BUSINESSES, AND ESTABLISHMENTS CONNECTED TO THE MUNICIPAL SEWER SYSTEM; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MOYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Chapter 3, Article 1, Section 3-109 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

3-109 MUNICIPAL WATER DEPARTMENT; RATES; MINIMUM CHARGE.

1. Meters shall be read every third month and consumers shall be billed monthly. All water consumers shall be liable for the following minimum rates provided by this section unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the water at the stop box, in which case he or she shall not be liable thereafter for the water rental until the water is turned on again.

WATER RATES

a. Minimum bill of $15.00.

b. All gallons used or consumed in any month, $1.30 per 1,000 gallons.

PROVIDED, HOWEVER, that in no event shall the minimum monthly rate be less than $15.00 per month for each tap through which water is furnished.

2. The tariff of water rates established by this section shall be effective for all water used or consumed after June 30, 2010.

3. The deposit required for connection to the Municipal Water Supply System for water and sewer service shall be $100.00.

4. The Municipal Water Department shall require a $50.00 tap-in fee for all new taps to the Municipal Water Supply System.

5. The Governing Body shall review the rates established herein on an annual basis. (Ref. 17-542 RS Neb.) (Amended by Ord. Nos. 285, 12/18/79; 290, 04/20/82; 386, 02/04/92; 388, 09/01/92, 417, 05/07/02; 429, 02/21/06)

Section 2. That Chapter 3, Article 1, Section 3-110 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

3-110 MUNICIPAL WATER DEPARTMENT; WATER BILLS. Water bills shall be due and payable monthly at the office of the Municipal Clerk. Every consumer of the Water Department shall pay the minimum rate monthly, and shall pay any quarterly overage charges at the end of each quarter. A customer may elect to pay his or her water bill on budget plan payment option as established by the Municipality. If water service is started during any part of the month, the customer shall be charged the entire minimum rate for that month. If water service is stopped during any part of the month, the Utilities Superintendent shall read or cause to be read the customer?s meter, and the customer shall be charged the entire minimum rate for the month plus the amount of water used or consumed during the quarter. The Utilities Superintendent shall read or cause to be read water meters quarterly during the last two (2) weeks of the quarter during which service is used. The Utilities Superintendent shall direct the Municipal Clerk to charge and collect from each customer for the amount of water consumed since the last examination together with any other charges, properly itemized, due the Water Department. Bills shall be due on the first (1st) day of each month and shall be payable by the fifteenth (15th) of each month. Bills paid after the fifteenth (15th) day of each month shall have a penalty charge added thereto in an amount of ten percent of the total bill due. Bills not paid by the fifteenth (15th) day of each month shall be deemed to be delinquent. Upon being deemed to be delinquent, as herein defined, the Municipal Clerk shall give a written notice to the customer of such delinquency and shall demand payment immediately. In the event the bill is not paid within seven (7) days after the sending of said notice, it shall be discretionary with the Utilities Superintendent to cut off service at any time; provided that if the delinquent customer has been previously identified as a welfare recipient by the Nebraska Department of Health and Human Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the department. In the event that water service is discontinued for nonpayment of any past-due account, if the customer requests re-connection of water service after payment of the delinquent account, the Municipal Clerk shall assess an additional fee of twenty-five dollars ($25.00) for re-connection to the Municipal Water Supply System if the re-connection occurs during business hours. If the customer requests re-connection of water service after business hours or during the weekend, the re-connection fee shall be fifty dollars ($50.00). (Ref 17-542, 18-416 RS Neb.) (Amended by Ord No. 390, 09/15/92).

Section 3. That chapter 3, Article 2, Section 3-211 of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

3-211 MUNICIPAL SEWER DEPARTMENT; RATE SETTING.

1. Customers of the Municipal Sewer Department shall be charged the following flat rates for the use of sewer service:

SEWER RATES

a. Residential and Commercial Customers $15.00 per month.

b. Southern Elementary School $125.00 per quarter.

2. For the purpose of this Section, the term ?customer? shall consist of one family or one business or establishment and in the event that there are multiple families or multiple businesses or establishments using the same sewer connection, each customer shall pay the sewer use charge hereby established. Customers using the system for any part of the month shall be required to pay the sewer use charge for the entire month; provided, that in the event the Southern Elementary School connects to the sewer system at any time during the quarter, the sewer use charge shall be prorated for the quarter to which the connection is made.

3. The sewer use charge established by this Section shall be effective for sewer services used after June 30, 2010. (Ref. 17-925.01 RS Neb.) (Amended by Ordinance 429, 02-21/06)

Section 4. That any other ordinance or section passed and approved prior to passage, approval and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 5. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.\

Passed and approved this 15th day of June, 2010.

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk



ORDINANCE NO. 446

AN ORDINANCE TO AMEND PROVISIONS REGARDING LICENSE FEES FOR DOGS; TO ELIMINATE LICENSE AND KENNEL FEES; TO DELETE REFERENCES TO CHIEF OF POLICE; TO HARMONIZE PROVISIONS; TO REPEAL SECTION 6-103; TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Chapter 6, Article 1, Section 6-101, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

6-101 DOGS; LICENSE. Any person who shall own, keep, or harbor a dog over the age of six (6) months within the Municipality shall within thirty (30) days after the acquisition of the said dog acquire a license for each such dog annually by or before the 1st day of May of each year. The possessor of any dog brought into or harbored within the corporate limits subsequent to May 1st of any year shall license such dog within thirty (30) days of bringing such dog within the corporate limits. Licenses shall be issued by the Utilities Superintendent. Said license shall not be transferable to any other dog. The owner, keeper or harborer shall state at the time the application is made and upon printed forms provided for such purpose, his or her name and address, and the name, breed, color, and sex of each dog owned, kept or harbored by him or her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. (Ref 17-526, 54-603, 71-4412 RS Neb.)

Section 2. That Chapter 6, Article 1, Section 6-102, of the Municipal Code of Blue Springs, Nebraska, be amended to read as follows:

6-102 DOGS; LICENCE TAGS. Upon presentation of the appropriate certificate evidencing rabies vaccination, the Utilities Superintendent shall issue to the owner, keeper, or harborer of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor said dog until the thirtieth (30th) day of April following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the Utilities Superintendent shall issue a duplicate or new tag for the balance of the year for which the license tag was issued . It shall be the duty of the Utilities Superintendent to issue tags of a suitable design that are different in appearance each year (Ref. 17-526, 54-603 RS Neb.)

Section 3. That Section 6-103 of the Municipal Code of Blue Springs, Nebraska, is hereby repealed.

Section 4. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 5. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.

Passed and approved this 17th day of August, 2010

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk


ORDINANCE No. 447

AN ORDINANCE RELATING TO ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES; TO DEFINE UTILITY-TYPE VEHICLES; TO ALLOW THE OPERATION OF UTILITY-TYPE VEHICLES WITHIN THE CORPORATE LIMITS UNDER CERTAIN CIRCUMSTANCES; TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:

Section 1. That Chapter 5, Article 5, Section 5-501, of the Municipal Code of Blue Springs, Nebraska, be added to read as follows:

5-501 ALL-TERRAIN VEHICLES; UTILITY-TYPE VEHICLES; OPERATION; RESTRICTIONS.

1. For purposes of this section:

a. All-terrain vehicle means any motorized off-highway vehicle which (i) is fifty inches or less in width, (ii) has a dry weight of nine hundred pounds or less, (iii) travels on three or more low pressure tires, (iv) is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger, (v) has a seat or saddle designed to be straddled by the operator, and (vi) has handlebars or any other steering assembly for steering control.

b. Utility-type vehicle means any motorized off-highway vehicle which (i) is not less than forty-eight inches nor more than seventy-four inches in width, (ii) is not more than one hundred thirty-five inches, including the bumper, in length, (iii) has a dry weight of not less than nine hundred pounds or more than two thousand pounds, (iv) travels on four or more low-pressure tires, and (v) is equipped with a steering wheel and bench or bucket-type seating designated for at least two people to sit side-by-side. Utility-type vehicle does not include golf carts nor low-speed vehicles.

c. Street or highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

2. An all-terrain vehicle or utility-type vehicle may be operated on the streets and highways within the corporate limits so long as the operator and all-terrain vehicle or utility-type vehicle comply with the provisions of this section.

3. An all-terrain vehicle or utility-type vehicle may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of thirty miles per hour (30 mph). When operating an all-terrain vehicle as authorized in subsection (2) of this section, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag which extends not less than five feet (5?) above the ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

4. Any person operating an all-terrain vehicle or a utility-type vehicle as authorized in subsection (2) of this section shall have:

a. A valid Class O operator?s license or a farm permit as provided in section 60-4, 126NS Neb;

b. Liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating the all-terrain vehicle or utility-type vehicle on a street or highway. The person operating the all-terrain vehicle or utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such request; and

5. All terrain vehicles or utility-type vehicles may be operated without complying with subsections (2), (3), and (4) of this section on streets and highways in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.

6. An all-terrain vehicle or utility-type vehicle shall not be operated on any controlled-access highway with more than two marked traffic lanes, and the crossing of any controlled-access highway with more than two marked traffic lanes shall not be permitted. Subsections (2) through (4) and (6) of this section authorize and apply to operation of an all-terrain vehicle or utility-type vehicle only on a street or highway other than a controlled-access highway with more than two marked traffic lanes.

7. Subject to subsection (6) of this section, the crossing of a street or highway shall be permitted by an all-terrain vehicle or utility-type vehicle without complying with subsections (2) through (4) of this section only if:

a. The crossing is made at an angle approximately ninety degrees to the direction of the street or highway and at a place where no obstruction prevents quick and safe crossing;

b. The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or highway;

c. The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

d. In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway; and

e. Both the headlight and the taillight of the vehicle are on when the crossing is made. (Ref 17-505, 60-624, 60-680, 60-6,279, 60-6,355, 60-6.356 RS Neb.)

Section 2. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

Passed and approved this 1st day of May, 2012.

Lonnie Meyer, Mayor

Katherine A. Roche, City Clerk