CITY OF BLUE SPRINGS, NEBRASKA
CITY ORDINANCES
ORDINANCE NO. 474
AN ORDINANCE TO
AMEND TAP FEES FOR WATER HOOK-UPS; TO INCREASE THE WATER TAP
FEE FROM $50.00 TO $250.00 FOR 3/4 BY 5/8 INCH METER; TO ESTABLISH
A NEW TAP FEE FOR A ONE INCH OR LARGER METERS OF $250.00 PLUS
THE ACTUAL COST OF THE METER; 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
$21.00.
b. All gallons used
or consumed in any month, $1.85 per 1,000 gallons. PROVIDED,
HOWEVER, that in no event shall the minimum monthly rate be less
than $21.00 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 April 1, 2022.
(3) The deposit required
for connection to the Municipal Water Supply System for water
and sewer service shall be $175.00.
(4) The Municipal
Water Department shall require a $250.00 tap fee for all new
taps to the Municipal Water Supply System using a 3/4 by 5/8
inch meter. For all new taps to the Municipal Water Supply System
using a one inch or larger meter, the tap fee shall be $250.00
plus the actual cost of the meter installed.
(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; 471, 3/01/22)
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conflict with its provisions, is hereby repealed.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 September, 2022.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche,
City Clerk
ORDINANCE NO. 473
AN ORDINANCE RELATING
TO A COMMUNITY ANTENNA TELEVISION SYSTEM AND SERVICES (CATV)
IN THE CITY OF BLUE SPRINGS, NEBRASKA, AND GRANTING A NON-EXCLUSIVE
FRANCHISE TO ZITO MIDWEST, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA
TELEVISION SYSTEM AND SERVICE WITHIN THE CITY OF BLUE SPRINGS,
NEBRASKA.
BE IT ORDAINED BY
THE MAYOR AND THE COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:
Section 1. AUTHORITY.
This ordinance is passed and approved by the City Council of
the City of Blue Springs, Nebraska, and enacted pursuant to the
laws of the State of Nebraska.
Section 2. FRANCHISE
GRANT. Pursuant to law, a non-exclusive franchise is granted
to Zito Midwest, LLC, a Delaware limited liability company, to
construct, own and operate a community antenna television system
in the City of Blue Springs, Nebraska. Said non-exclusive franchise
is granted for a period of twenty (20) years, and shall vest
all the rights privileges and immunities of a CATV system with
Zito Midwest, LLC; however, said non-exclusive franchise shall
be subject to and conditional upon all of the terms, duties and
obligations found in the laws of the State of Nebraska, rules
and regulations of the Federal Communications Commission and
of this Ordinance.
The above grant to
Grantee shall include the right to offer Cable Television Service
and all other communications services permitted by the FCC to
residents within the present boundaries of the City as those
boundaries may change from time to time by annexation or otherwise.
Section 3. RIGHTS
CONFERRED BY FRANCHISE. Grantee or Company shall use for its
distribution system, so far as is practicable, those poles and
structures which are used by the City, telephone company, electric
company or others to avoid duplication of poles and structures
within the City. In the event it is not practical or Grantee
cannot secure satisfactory contractual arrangements with owners
of said poles and structures, then Grantee shall have the right
to own, erect and maintain such poles and structures as may be
necessary for its purpose.
It is the stated intent
of the City that all holders of licenses, permits or franchise
agreements within the City shall cooperate with the Grantee in
construction, operation and maintenance of Grantees system.
In design, construction
and location of the system, rules of the National Electric Safety
Code, National Electric Code and applicable City ordinances shall
be followed together with standard engineering practice. All
reasonable means shall be used by Grantee to insure least inconvenience
to the public. The system shall not be located as to interfere
with the free use of streets, alleys or public areas or limit
free access or egress thereto. On written notice by the City
of non-compliance of the foregoing conditions, modifications
shall be made to comply thereto, with a minimum of delay. Should
the City deem proper to make improvements or change location
or grade of any street or other public way, Grantee shall, on
adequate written notice by the City, take suitable action to
move or modify that portion of the system as may be necessary
to accommodate such improvements or changes at no cost to the
City. If federal, state or local funds which the City received
are made available to any other user of the streets (except for
Grantee) for the purpose of defraying the cost of relocating
or removing facilities and Grantee relocates or removes its facilities
as required by the City under this franchise, the City shall
notify the Grantee of such funding and will reimburse Grantee
for such costs if sufficient funds are available. If such funding
is insufficient to cover the costs of relocating or removing
facilities, Grantee shall be reimbursed proportionally with respect
to the total cost born by all service providers.
Where either electric
company or telephone systems are now overhead, Grantee shall
have the option to place its system overhead or underground.
Surface areas distributed or damaged by Grantees operations
shall be comparably restored at no cost to the City. As necessary,
to forestall service interruptions, trees and tree branches which
overhang or lie on the system may be trimmed in a workmanlike
manner.
Except on an emergency
basis, contractors or others doing excavating or digging in the
vicinity of Company underground facilities shall notify the Company
in adequate time for Company to locate and preserve its cable
and underground equipment. Likewise, Company, before excavating,
shall notify others having underground facilities in the vicinity
of its intention to conduct underground activities.
Grantee shall keep
adequate maps and means available to provide maintenance on request
and with a minimum of delay. The City reserves the right of reasonable
regulation of the erection, construction or installation of any
facilities by the Grantee and to reasonably designate where such
facilities are to be placed within the pubic ways and places.
Section 4. INSTALLATION
OF CATV SYSTEM. The Grantee, subject to the rights of adjoining
property owners at the Grantees expense shall have the
authority to trim trees upon and overhanging streets, alleys,
sidewalks and public areas of the City so as to prevent the branches
of such trees from coming in contact with the wires and cables
of Grantee, all trimming to be done under the supervision and
direction of the City.
The Grantee shall,
at its expense, protect, support, temporarily disconnect, relocate
or remove any property of the Grantee located upon streets, rights
of way and easements of the City, when required by the City because
of traffic conditions, public safety, street vacation, street
construction, change or establishment of street grade, installation
of sewers, drains, water pipes, power lines, signal lines, and
trucks of any other type of structure or improvement by the City,
if the Grantee fails to do so, the City may cause the necessary
work to be completed and Grantee shall pay the City the cost
thereof within ten (10) days after receipt of an itemized account
of such cost.
Section 5. RELOCATION
OF PROPERTY. The Grantee, at the request of any person holding
a permit issued by the City, shall temporarily remove, raise
or lower its wires or cables to permit the moving of buildings
or equipment. The expense of such temporary removal, raising
or lowering shall be paid by the person requesting the same,
and the Grantee may require such payment in advance. The Grantee
shall be given not less than forty-eight (48) hours advance notice
to arrange for such temporary wire or cable change.
Section 6. RATES AND
CHARGES. Grantee shall not make or grant special privileges or
discriminate against any person, subscriber or legal entity or
subject anyone to a prejudice or disadvantage. This provision
shall not, however, prohibit the Grantee from establishing service
and rate schedules for different classes of service and any subscriber
receiving service shall pay the Grantee for services rendered
according to the service and rate schedule under this classification.
Rates for service
to subscribers shall be established in line with standards of
the industry and local conditions and shall be collectible in
advance.
Rates for services shall be available on the Grantees website.
Individual families living in same house or as apartment dwellers
shall be considered as each a separate service subject to individual
subscriber rates.
Section 7. INDEMNIFICATION.
The Grantee agrees to hold and save said City harmless from any
and all liability that may arise out of the construction, maintenance,
operation or use of Grantees system and works and the providing
of such services and to provide and keep in force adequate liability
insurance therefore, to the extent of bodily injury limits of
$500,000 - $1,000,000 and a property damage limit of $300,000
- $600,000 naming the City as an additional insured, as its interest
may appear. Grantee shall also provide and maintain insurance
under a Broad Form Automobile policy with $100,000 - $300,000,
$100,000 coverage limits. The Grantee, from the start of construction,
shall maintain workmens compensation insurance with a company
approved by the Commissioner of Insurance of the State of Nebraska.
The Grantee shall require the company to file a certificate of
insurance with the City Clerk. The certificate shall indicate
the policy number, period covered and limits of liability. The
City shall notify the Grantees representative or employee
in the City, if any within thirty (30) days after presentation
of any demand or claim that may arise, whether by suit or otherwise,
against the City. All insurance policies shall provide for not
less than thirty (30) days notice of cancellation.
Section 8. PAYMENT
TO CITY. In consideration of the rights, privileges and franchise
hereby granted, and as compensation to the City for use of its
public ways and places by the Grantee, and to properly regulate
the activities of Grantee, the Grantee shall, on or before the
last day of January and the last day of July of each year to
which this franchise is effective, pay to the City a sum equal
to one (1%) percent of the gross subscriber revenues for community
antenna television service within the then existing corporate
limits of the City for the preceding six-month period ending
on the first day of December and the last day of June, respectively.
The books of the Grantee shall be open to inspection by the City
at all reasonable times to verify the accuracy of the computation
and correctness or the report which shall accompany the payment.
Grantee shall keep books and records pursuant to established
practice using generally accepted auditing procedures.
Section 9. FRANCHISE
TERMINATION. The City may terminate the franchise and all rights
therein granted in the event the Grantee or the successors or
assigns thereof shall fail to comply with any of the terms and
conditions of the Ordinance.
Should the City seek
to revoke the Franchise, it shall give written notice to the
Grantee of its intent. The notice shall set forth the exact nature
of the repeated or ongoing substantial noncompliance with a material
term or terms of the franchise. The Grantee shall have thirty
(30) days from receipt of such notice to cure the violation on
which the Citys claim is based.
The City shall grant
additional time beyond the initial cure period in the event that
the Grantee has made a good faith effort towards cure and such
additional time is necessary to completely cure the alleged violation
or Grantee has submitted to the City, in writing, a plan and
timetable for curing the violation. In addition, the Grantee
shall have sixty (60) days from such notice to object in writing
and to state its reasons for such objection. In the event the
City has not received a satisfactory response from the Grantee,
and/or Grantee has not cured the violation within the time period
specified and any extensions thereof, it may then seek termination
of the Franchise at a public hearing. The City shall cause to
be served upon the Grantee, at least thirty (30) days prior to
such public hearing, a written notice specifying the time and
place of such hearing and stating its intent to revoke the Franchise.
At the designated hearing, Grantee shall be provided a fair opportunity
for full participation, including the right to be represented
by legal counsel, to introduce relevant evidence, to require
the production of evidence, to compel the relevant testimony
of the officials, agents, employees or consultants of the City,
to compel the testimony of other persons as permitted by law,
and to question witnesses. A complete verbatim record and transcript
shall be made of such hearing.
Following the hearing,
the City shall determine whether or not the Franchise shall be
revoked. If the City determines that the Franchise shall be revoked,
the Village shall promptly provide Grantee with its decision
in writing. The Grantee may appeal such determination of the
City to an appropriate court. Grantee shall be entitled to such
relief as the court finds appropriate.
Such appeal must be
taken within thirty (30) days of Grantees receipt of the
determination of the City. The City may, at its sole discretion,
take any lawful action which it deems appropriate to enforce
the Citys rights under the Franchise in lieu of revocation
of the Franchise.
The City may issue
an order of revocation only if, after the hearing and Citys
final determination of a violation, Grantee is not diligently,
continuously, and in good faith pursuing a cure, and if Grantees
violation is not due to Acts of God or other causes which result
from circumstances beyond Grantees control as set forth
in the Force Majeure clause of Section 11 of this agreement.
During the appeal
period, the Franchise shall remain in full force and effect.
10. NO REMOVAL OF
SYSTEM
The Grantee shall
not be required to remove its Cable System or to sell the Cable
System, or any portion thereof as a result of revocation, denial
of renewal, or any other lawful action to forbid or disallow
Grantee from providing Cable Service, if the Cable System is
actively being used to facilitate any other services not governed
by the Cable Act, or any portion thereof [47 U.S.C. §621
(b)].
Section 11. FORCE
MAJEURE. The Grantee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer
any enforcement or penalty relating to noncompliance or default,
where such noncompliance or alleged defaults occurred or were
caused by circumstances reasonably beyond the ability of the
Grantee to anticipate and control. This provision includes, but
is not limited to, work delays caused by waiting for utility
providers to service or monitor their utility poles to which
the Grantees Cable System is attached; unavailability of
materials; acts of God; acts of public enemies, including terrorist
attacks; insurrections; riots; labor strikes; pandemics; epidemics;
landslides; lightning; earthquakes; fires; hurricanes; volcanic
activity; storms; floods; washouts; droughts; explosions; unavailability
of materials or equipment; partial or entire failure of utilities;
or any other act outside the control of Grantee.
Section 12. PUBLICATION
COSTS. The Grantee will pay to the City a sum to cover the Ordinance
publication costs when presented with the bill by the City. The
Grantee will similarly pay to the City a sum to cover the attorney
fees involved in the preparation of this Ordinance, as well as
any other legal costs which the City may incur in connection
with this transaction.
Section 13. Grantee
shall continue to maintain a toll free telephone number where
all subscriber complaints regarding the quality of service, cable
equipment, malfunctions, and similar matters pertaining to the
cable television service will be resolved, without charge, normally
within twenty-four (24) hours, and at least within 5 business
days from receipt thereof, except that this shall not apply to
customer-caused damages. Service outages on weekends will be
repaired within 24 hours and all other service calls on the weekends
will be made within 24 hours of the next business day. Repair
of customer-caused damage shall be billed to the subscriber.
Service shall be prompt in the event of malfunctions under the
control of Licensee, and emergency service will be provided for
holidays and weekends.
Section 14. SALE OR
TRANSFER OF FRANCHISE. This franchise shall not be sold, transferred,
leased, assigned or otherwise disposed of by the Grantee, without
the prior written consent of the City, provided that such consent
shall not be unreasonably withheld.
The Grantee may surrender
its rights and terminate its obligation under this ordinance
by filing written notice with the City Clerk to such intent not
less than six months before the proposed date of termination.
Notwithstanding anything
to the contrary in this Section, the prior approval of the City
shall not be required for any sale, assignment or transfer of
the franchise or Cable System for cable television system usage
to an entity controlling, controlled by or under the same common
control as Grantee provided that the proposed assignee or transferee
must agree in writing to comply with all provisions of the Ordinance.
No consent shall be required for a transfer in trust, by mortgage,
by other hypothecation, by assignment of any rights, title, interest
of the Grantee in the Franchise or Cable System in order to secure
indebtedness.
Section 15. All ordinances
or parts of ordinances in conflict with this Ordinance are, with
passage of this Ordinance, hereby repealed.
Section 16. As used
in this Ordinance, if not in conflict with the text, words used
in the singular may include the plural and vice versa, and the
words used in the present tense may include the future and vice
versa.
Section 17. If any
section, subsection, paragraph, phrase, clause or word of this
Ordinance is held to be invalid or unconstitutional by any court
of jurisdiction, all other sections hereof not so held shall
be and remain in full force and effect.
Section 18. This ordinance
shall become effective immediately upon its approval, passage
and publication according to law.
Passed and approved
this 6th day of June, 2023.
Lonnie Meyer, Mayor
ATTEST:
Katherine A. Roche,
City Clerk
ORDINANCE NO. 472
AN ORDINANCE TO
AMEND PROVISIONS REGARDING APPLICATIONS FOR BUILDING PERMITS;
TO REQUIRE THE APPLICANT TO HIRE A LICENSED SURVEYOR TO LOCATE
AND ESTABLISH LOT CORNERS FOR NEW CONSTRUCTION ON ALL LOTS IN
DISTRICTS ZONED EITHER RESIDENTIAL, COMMERCIAL OR INDUSTRIAL
PRIOR TO THE APPROVAL OF BUILDING PERMIT OR COMMENCEMENT OF CONSTRUCTION;
TO ESTABLISH A MANDATORY FINE OF FIVE HUNDRED DOLLARS FOR A VIOLATION
OF SUBSECTION 2; 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 section
10.22 of the Zoning Regulations of the City of Blue Springs,
Nebraska be amended to read as follows:
10.22 APPLICATION
FOR BUILDING PERMIT: (1) All applications for a building permit
shall be accompanied by a plot plan showing the location, ground
area, height and bulk of all present and proposed structures,
additions, parking areas and site improvement; actual dimensions
and shape of the lot lines; the use to be built upon; the building
lines in the proposed structures or additions; and any other
reasonable and pertinent information as may be required by the
Zoning Administrator or the proper enforcement of this section.
(2) For new home construction
including accessory buildings on all lots in districts zoned
either residential, commercial, or industrial, the applicant
for a building permit shall be required to hire a licensed surveyor
to locate and establish the lot corners so that the lot lines
can be clearly established to determine compliance with all set
back requirements. No application shall be approved, and no construction
shall be commenced, until the lot lines are established, and
set backs verified with respect to the proposed new construction.
(3) Any person who
shall violate or refuse to comply with the enforcement of this
subsection (2) of this section shall be deemed guilty of an offense,
and upon conviction therefore, shall be fined a mandatory five
hundred dollars ($500.00).
Section 5. 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 6. 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 5th day of July, 2022.
Lonnie Meyer, Mayor
Katherine A. Roche,
City Clerk
ORDINANCE NO. 468
AN ORDINANCE TO AMEND PROVISIONS REGARDING POULTRY AND FOWLS;
TO ALLOW FOR UP TO A TOTAL OF TWELVE FOWLS ON PROPERTY IN DISTRICTS
ZONED R-1 RESIDENTIAL SINGLE FAMILY, R-2 RESIDENTIAL SINGLE AND
MULTIFAMILY, AND R-3 RESIDENTIAL MOBILE HOME/SINGLE AND MULTIFAMILY;
TO HARMONIZE ZONING REGULATIONS; 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 2, Section 6-205, of the Municipal
Code of Blue Springs, Nebraska, be amended to read as follows:
§6-205 FOWLS; RUNNING AT LARGE.
(1) It shall be unlawful for any person allow poultry, chickens,
turkeys, ducks, geese, or any other fowls to run at large on
any of the public ways and property, or upon the property of
another. None of the above mentioned fowls shall be allowed to
be kept or harbored on public or private property within the
corporate limits of the Municipality in districts zoned C-1 General
Commercial, C-2 Highway Commercial, and I Industrial.
(2) A property owner or tenant in possession of property is allowed
to have up to a total of twelve poultry, chickens, turkeys, ducks,
geese, or any other fowls on a parcel of real property within
the corporate limits in districts zoned R-1 Residential Single
Family, R-2 Residential Single and Multifamily, and R-3 Residential
Mobile Home/Single and Multifamily. All said poultry or fowls
shall be kept in an enclosure to prevent them from running at
large, and the enclosures shall be kept in a condition so as
not to constitute a nuisance to neighbors. (Ref. 17-505, 17-526,
54-603 RS
Neb.)
Section 2. That Section 5.22 of the Zoning Regulations of the
City of Blue Springs, Nebraska be amended to read as follows:
5.22 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
1. Single family dwellings;
2. Two family dwellings;
3. Manufactured homes which comply with the provisions of Article
8.3;
4. Public and parochial schools;
5. Public parks, buildings and grounds;
6. Child care homes;
7. Public uses: including but not limited to public parks, playgrounds,
recreational uses, fire stations, public utilities and utility
distribution systems;
8. Places of worship such as churches and synagogues; and
9. Pens or enclosures for keeping or harboring of poultry, chickens,
turkeys, ducks, geese, or any other fowls which comply with the
provisions of section 6-205(2) of the Blue Springs Municipal
Code.
Section 3. That Section
5.32 of the Zoning Regulations of the City of Blue Springs, Nebraska
be amended to read as follows:
5.32 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
1. Single family dwellings;
2. Manufactured homes which comply with the provisions of Article
8.3;
3. Two family dwellings;
4. Multifamily dwellings;
5. Child care homes;
6. Community buildings;
7. Public uses: including but not limited to public parks, playgrounds,
recreational uses, fire stations, public elementary and high
schools, public utilities and utility distribution systems;
8. Places of worship such as churches and synagogues; and
9. Pens or enclosures for keeping or harboring of poultry, chickens,
turkeys, ducks, geese, or any other fowls which comply with the
provisions of section 6-205(2) of the Blue Springs Municipal
Code.
Section 4. That Section 5.42 of the Zoning Regulations of the
City of Blue Springs, Nebraska be amended to read as follows:
5.42 PERMITTED PRINCIPAL USES AND STRUCTURES: The following
shall be permitted as uses by right:
1. Single family dwellings;
2. Mobile Homes and Mobile Home Parks in accordance with the
provisions of Article 8.7;
3. Manufactured homes which comply with the provisions of Article
8.3;
4. Two family dwellings;
5. Multifamily dwellings;
6. Child care homes;
7. Community buildings;
8. Public uses: including but not limited to public parks, playgrounds,
recreational uses, fire stations, public elementary and high
schools, public utilities and utility distribution systems;
9. Places of worship such as churches and synagogues; and
10. Pens or enclosures for keeping or harboring of poultry, chickens,
turkeys, ducks, geese, or any other fowls which comply with the
provisions of section 6-205(2) of the Blue Springs Municipal
Code.
Section 5. 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 6. 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 5 day of April, 2022.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche,
City Clerk
ORDINANCE NO. 471
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 INCREASE THE SECURITY
DEPOSIT TO $175.00; 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
$21.00.
b. All gallons used or consumed in any month, $1.85 per 1,000
gallons. PROVIDED, HOWEVER, that in no event shall the minimum
monthly rate be less than $21.00 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 April 1, 2022.
(3) The deposit required
for connection to the Municipal Water Supply System for water
and sewer service shall be $175.00.
(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 1st day of March, 2022.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche,
City Clerk
ORDINANCE NO. 470
AN ORDINANCE DECLARING
THE NEED AND NECESSITY TO ADJUST THE BOUNDARIES OF ELECTION DISTRICTS
FOR THE CITY OF BLUE SPRINGS, NEBRASKA; TO APPROVE A REVISED
ELECTION DISTRICT BOUNDARY MAP FOR THE ELECTION OF MEMBERS TO
THE CITY COUNCIL; TO PROVIDE FOR THE CERTIFICATION OF THIS ORDINANCE
AND THE ELECTION DISTRICT BOUNDARY MAP TO THE GAGE COUNTY CLERK;
TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTION;
AND TO PRESCRIBE THE TIME
THIS ORDINANCE
SHALL BE IN FULL FORCE AND TAKE EFFECT.
WHEREAS, the qualified electors of the City of
Blue Springs elect members to the Blue Springs City Council by
election districts, or what is more commonly known as wards;
WHEREAS, the City of Blue Springs is divided into
two (2) wards, and two qualified electors from each ward are
elected as members of the Blue Springs City Council;
WHEREAS, the last time the election district boundaries
were redrawn was in 1991, and Blue Springs City Council did not
redraw the election district boundaries after the 2000 Census
of Population data was published, or after the 2010 Census of
Population data was published; and WHEREAS, the Mayor and Council
of the City of Blue Springs, Nebraska, deem a need and necessity
to adjust the boundaries of the election districts due to changes
and shifts in population of residents in the City of Blue Springs.
NOW, THEREFORE,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF BLUE SPRINGS,
NEBRASKA:
Section 1. That the
attached Election District Boundary Map, be, and hereby is, adopted
as the official Election District Boundary Map for the City of
Blue Springs, Nebraska.
Section 2. That the
City Clerk certify a copy of this ordinance and the official
Election District Boundary Map to the Gage County Clerk on or
before December 30, 2021.
Section 3. 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 4. That this
ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
Passed and approved
this 28th day of December, 2021.
Lonnie Meyer, Mayor
Katherine A. Roche,
City Clerk
ORDINANCE NO. 469
AN ORDINANCE PERTAINING
TO CAMPING IN MUNICIAPL PARKS; TO PROVIDE FOR A DAILY CAMPING
FEE OF TEN DOLLARS FOR CAMPING AT FEIT MEMORIAL PARK; TO PROVIDE
FOR THE ERECTION OF SIGNAGE AND DROP BOXES; 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
8, Article 1, Section 8-107 of the Municipal Code of Blue Springs,
Nebraska, be amended to read as follows:
8-107 MUNICIPAL PROPERTY;
CAMPING IN MUNICIPAL PARKS; DURATION; RULES; OFFENSE. 1. All
types of camping (tent, pop-up camper, truck bed camper, pull-type
camper, 5th wheel camper and RV) shall be allowed at Feit Memorial
Park. It shall be unlawful for any person to camp in the City
Park with a pop-up camper, truck bed camper, pull-type camper,
5th wheel camper, or an RV camper. Only tent camping shall be
allowed at the City Park.
2. No person shall
camp in a Municipal owned park for more than seven (7) days at
any one time, and shall register filling out a registration sheet
and placing it in the registration drop box, at each park upon
arrival at the park. The Municipality shall erect signage setting
forth camping regulations and a registration drop box at each
park.
3. All persons camping
at Feit Memorial Park shall pay a camping fee of $10.00 per day,
and the entire fee shall be due at the time of registration.
4. All persons tent
camping in a Municipal owned park shall keep their camping area
free of all waste, and shall property dispose of said waste in
approved waste receptacles.
5. Any person violating
any provision of this section shall be guilty of a Municipal
offense (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 19th day of October, 2021
ORDINANCE NO. 467
AN ORDINANCE TO APPROVE STEVE BORGMAN, DOING
BUSINESS AS PAPA BS, AS THE CITY OF BLUE SPRINGS
KENO CONTRACTOR; TO GRANT STEVE BORGMAN, DOING BUSINESS AS PAPA
BS THE NON-EXCLUSIVE RIGHT TO OPERATE FOR THE CITY A KENO
STYLE LOTTERY WITHIN THE CITYS CORPORATE LIMITS; TO AUTHORIZE
THE MAYOR AND CITY CLERK TO EXECUTE THE LOTTERY OPERATOR AGREEMENT;
TO REPEAL CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR
AN EFFECTIVE DATE.
WHEREAS, a majority of the registered voters
of the City of Blue Springs, Nebraska, at a regularly scheduled
election have approved the establishment of a municipal lottery
pursuant to the Nebraska County and City Lottery Act, Neb. Rev.
Stat. §§ 9-601 through 9-653; and
WHEREAS, Steve Borgman, doing business as
PaPa Bs, desires to serve as the City of Blue Springs
keno contractor and the City of Blue Springs desires to grant
Steve Borgman, doing business as PaPa Bs, the exclusive
right to operate a keno style lottery within the Citys
corporate limits.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA that Steve
Borgman, doing business as PaPa Bs, be, and hereby is,
approved to serve as the City of Blue Springs keno contractor,
and that Steve Borgman, doing business as PaPa Bs, is granted
the non-exclusive right to operate a keno style lottery within
the corporate limits of the City Blue Springs at 619 West Broad
Street, Blue Springs, Nebraska.
BE IT FURTHER ORDAINED that the Mayor and
City Clerk are authorized to execute the lottery operator agreement
with Steve Borgman. 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.
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 16th day of Feburary,
2021.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche, City Clerk
CITY OF BLUE SPRINGS, NEBRASKA
ORDINANCE # 465
AN ORDINANCE CREATING
THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF BLUE SPRINGS,
NEBRASKA; DESIGNATING THE MAYOR AND CITY COUNCIL TO CONSTITUTE
SUCH AGENCY AND PROVIDING FOR THE FUNCTION AND POWERS OF SUCH
AGENCY.
BE IT ORDAINED
BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA;
Section 1. The City
Council hereby finds and determines that it is necessary and
desirable for purposes of providing for the redevelopment and
general welfare of the city that a community development agency
be created pursuant to NE. Rev. Stat 18-2101.01 of the Nebraska
Community Development Law (The Act).
Section 2. There shall
be and there is hereby created in and for the City of Blue Springs,
Nebraska, an agency to be known as the Community Development
Agency of the City of Blue Springs, Nebraska, which shall
consist of the Mayor and members of the City Council which serves
as the governing body of the City of Blue Springs. The Community
Development Agency shall exercise all of the power and authority
granted to a community redevelopment authority in the Act codified
as Neb. Rev. Stat 18-2101 to 18-2154, as amended, and as hereafter
amended.
Section 3. The Community
Development Agency hereby created shall function in the same
manner as the City Council and shall exercise such powers are
set forth in the Act and as referenced in the above described
statutes and in the manner as shall be deemed appropriate from
time to time by the members of the City Council as the governing
body of the City of Blue Springs, Nebraska, and as determined
by resolution or ordinance duly adopted by said governing body
from time to time.
Section 4. This ordinance
shall be in full force and effect from and after its final passage
and publication as required by law.
PASSED AND APPROVED
THIS 19TH DAY OF JANUARY, 2021.
City of Blue Springs,
Nebraska
Lonnie Meyer, Mayor
Attest: Katherine
Roche, City Clerk
ORDINANCE. # 464
AN ORDINANCE DECLARING IT NECESSARY AND EXPEDIENT
FOR THE PUBLIC GOOD TO VACATE A PORTION OF A PLATTED STREET WITHIN
THE CITY OF BLUE SPRINGS, NEBRASKA; TO VACATE A PORTION OF FOUTS
STREET WITHIN THE CITY OF BLUE SPRINGS, NEBRASKA; TO DESCRIBE
THE PORTION OF THE STREET TO BE VACATED; AND TO PRESCRIBE THE
TIME THIS ORDINANCE SHALL BE IN FULL FORCE AND TAKE EFFECT:
WHEREAS, a citizen has requested that a portion
of Fouts Street between Lots 24 through 28, Blackmans Second
Addition to the City of Blue Springs, Gage County, Nebraska,
and Lots 29 through 32, Blackmans Second Addition to the
City of Blue Springs, Gage County, Nebraska, be vacated; WHEREAS,
the Planning Commission of the City of Blue Springs, Nebraska,
has reviewed the request and determined that no damages would
be sustained by the citizens of the City of Blue Springs, Nebraska,
or owners of property by reason of such vacation;
and
WHEREAS, the Mayor and Council of the City of
Blue Springs, Nebraska, deem it necessary and expedient for the
public good that the portion of Fouts Street hereinafter particularly
described be vacated,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF BLUE SPRINGS, NEBRASKA:
Section 1. That it is necessary and expedient for
the public good that a portion of Fouts Street hereinafter particularly
described be discontinued, annulled and vacated, and that no
damages will be sustained by the citizens of the City of Blue
Springs, Nebraska, or by the owners of property by reason of
such discontinuance, annulment and vacation.
Section 2. That the portion of Fouts Street between
Lots 24 through 28, Blackmans Second Addition to the City
of Blue Springs, Gage County, Nebraska, and Lots 29 through 32,
Blackmans Second Addition to the City of Blue Springs,
Gage County, Nebraska, be, and the same hereby is, discontinued,
annulled and vacated.
Section 3. That the portion of Fouts Street between
Lots 24 through 28, Blackmans Second Addition to the City
of Blue Springs, Gage County, Nebraska, and Lots 29 through 32,
Blackmans Second Addition to the City of Blue Springs,
Gage County, Nebraska, shall revert to the owners of the abutting
real estate, one-half on each side thereof, and shall become
part of such property.
Section 4. That this ordinance shall be in full
force and effect from and after its passage, approval and publication
according to law.
Passed and approved this 18TH August, 2020.
Lonnie D Meyer, Mayor
Katherine A. Roche, City Clerk
ORDINANCE 463
AN ORDINANCE PERTAINING
TO CAMPING IN MUNICIPAL PARKS; TO PROVIDE FOR TENT CAMPING; TO
PROVIDE A MAXIMUM DURATION FOR CAMPING IN MUNICIPAL PARKS; TO
ESTABLISH RULES FOR CAMPING IN MUNICIPAL PARKS; TO PROVIDE FOR
AN OFFENSE; 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, NEBRAKA:
Section 1. That Chapter
8, Article 1, Section 8-107 of the Municipal Code of Blue Springs,
Nebraska, be added to read as follows:
8-107 MUNICIPAL PROPERTY;
CAMPING IN MUNICIPAL PARKS; DURATION, RULES, OFFENSE.
(1) All types of camping
(tent, pop up camper, truck bed camper, pull-type camper, 5th
wheel camper and RV) shall be allowed at Feit Memorial Park.
It shall be unlawful for any person to camp in the City Park,
with a pop-up camper, truck bed camper, pull-type camper, 5th
wheel camper, or an RV camper. Only tent camping shall be allowed
in the City Park.
(2) No person shall
camp in a Municipal owned park for more than seven (7) days at
any one time, and shall register filling out a registration sheet
and placing it in the registration drop box at each park upon
arrival at the park.
(3) All persons tent
camping in a Municipal owned park shall keep their camping area
free of all waste, and shall properly dispose of said waste in
approved waste receptacles.
(4) Any person violating
any provision of this section shall be guilty of a Municipal
offense (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 7th day of July, 2020.
Lonnie Meyer, Mayor
Katherine A Roche,
City Clerk
ORDINANCE 462
AN ORDINANCE PERTAINING
TO SOLID WASTE COLLECTION AND DISPOSAL; TO DEFINE TERMS; TO PROVIDE
FOR MANDATORY SOLID WASTE COLLECTION SERVICE WITHIN THE CORPORATE
LIMITS; TO PROVIDE FOR A RATE STRUCTURE FOR SOLID WASTE COLLECTION
SERVICES; TO PROVIDE FOR BILLING OF RESIDENTIAL CUSTOMERS BY
THE MUNICIPALITY AND THE ORDER OF SERVICES WITH RESPECT TO AMOUNTS
PAID; TO PROVIDE FOR AN OFFENSE; TO PROVIDE FOR THE REPEAL CONFLICITNG
ORDINANCES AND SECTIONS, T0 PROVIDE FOR AN EFFECTIVE DATE.
BE IT ORDAINED
BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRING, NEBRASKA:
Section 1. That Chapter
3, Article 6, Section 3-603 of the Municipal Code of Blue Springs,
Nebraska, be added to read as follows:
3-603 UTILITIES GENERALLY;
WATER, SEWERAND SOLID WASTE COLLECTION BILLS; APPLICATION OF
PAYMENTS TO CHARGES. The Municipal Treasurer shall apply payments
for charges for water, sewer and solid waste collection services
in the following order: First, to outstanding charges for solid
waste collection services; second, to outstanding charges for
sewer services; and third, to outstanding charges for water consumed
(Ref. 17-505 RS Neb.)
Section 2. That Chapter
4, Article 2, Section 4-201 of the Municipal Code of Blue Springs,
Nebraska, be amended to read as follows:
4-201 SOLID WASTE
COLLECTION; DEFINITIONS. For purposes of this Article, unless
the context otherwise requires:
(1) Garbage shall
mean rejected food wastes, including waste accumulation of animal,
fruit, or vegetable matter used or intended for food or that
attend the preparation, use, cooking, dealing in, or storing
of meat, fish, fowl, fruit, or vegetables, and dead animals rejected
by rendering plants;
(2) Refuse shall mean
putrescible and nonputrescible solid wastes, except body wastes,
and includes garbage, rubbish, ashes, incinerator ash, incinerator
residue, and street cleanings;
(3) Rubbish shall
mean nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes, such as paper,
cardboard, tin cans, wood, glass, bedding, crockery or litter
of any kind that will be a detriment to the public health and
safety; and
(4) Solid waste shall
mean any garbage, refuse or rubbish (Ref. 81-1502 RS Neb.:
Section 3. That Chapter
4, Article 2, Section 4-202 of the Municipal Code of Blue Springs,
Nebraska, be amended to read as follows:
4-202 SOLID WASTE
COLLECTION; MANDATORY SERVICE. Every occupied residential dwelling,
commercial establishment, or industrial concern within the corporate
limits of Municipality receiving water service, electric and/or
natural gas utility services shall be required to subscribe to
solid waste collection service from the vendor approved by the
governing body notwithstanding the volume of solid waste produced
by the occupant or occupants (Ref. 17-505 RS Neb.)
Section 4. That Chapter
4, Article 2, Section 4-203 of the Municipal Code of Blue Springs,
Nebraska be amended to read as follows:
4-203 SOLID WASTE
COLLECTION; SERVICE RATES. The following rates shall be charged
to the owner, tenant or occupant of every residential dwelling,
commercial establishment, or industrial concerns:
Residential: 96 gallon
container - $20.00 per month plus sales tax
65 gallon container
.. $18.00 per month plus sales tax,
Own container (up
to 35 gallons w/lid and handles)
$14.00 per month plus
sales tax,
Second container
$11.00 per month plus sales tax.
Commercial & Industrial:
Rates shall be established by waste hauler based on volume of
waste, and billed separately by the waste hauler.
The City shall bill
residential customers of solid waste collection service along
with water and sewer bills. (Ref. 17-505 RS Neb.)
Section 5. That Chapter
4, Article 2, Section 4-204 of the Municipal Code of Blue Springs,
Nebraska, be amended to read as follows:
4-204 SOLID WASTE
COLLECTION; OFFIENSES.
(1) It shall be unlawful
to dispose of solid waste except as provided for in this Article.
(2) It shall be unlawful
to throw or sweep into the streets, alleys, parks, or other public
grounds any dirt, paper, nails, pieces of glass, garbage, refuse
or rubbish.
(3) It shall be unlawful
for any person to permit or allow any garbage, refuse, rubbish
to collect on their property so as to constitute a nuisance (Ref
17-505 RS Neb.)
Section 6 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 7. This ordinance
shall take effect September 1, 2020.
Passed and approved
this 7th day of July, 2020
Lonnie Meyer, Mayor
Katherine A. Roche,
City Clerk
ORDINANCE NO. 461
AN ORDINANCE RELATING
TO THE ZONING REGULATIONS OF THE CITY OF BLUE SPRINGS; TO REDEFINE
THE TERM ACCESSORY BUILDING; TO ALLOW ACCESSORY BUILDINGS OR
USES TO BE ON A PARCEL OF PROPERTY WITHOUT A PERMITTED OR SPECIAL
USE THEREON; 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;
provided that an accessory building or use may be permitted on
a parcel of property without a permitted or special use being
located thereon. 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 that 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 principle 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 5.13 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.13 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures.
2. Home occupation
in accordance with Article 8.2; and
3. Road side stands
for the sale of agricultural produce grown on the agricultural
farm or operation.
Section 3. That Article
5, Section 5.23 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.23 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1, Accessory uses
and structures; and
2. Home occupations
in accordance with Article 8.2.
Section 4. That Article
5, Section 5.33 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.33 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures; and
2. Home occupations
in accordance with Article 8.2.
Section 5. That Article
5, Section 5.43 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.43 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures; and
2. Home occupations
in accordance with Article 8.2.
Section 6. That Article
5, Section 5.53 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.53 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures.
Section 7. That Article
5, Section 5.63 of the Zoning Regulations of the City of Blue
Springs, Nebraska, be amended to read as follows:
5.63 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures.
Section 8. That Article
5, Section 5.73 of the Zoning Regulations of the City of Blue
Springs, Nebraska be amended to read as follows:
5.73 PERMITTED ACCESSORY
USES AND STRUCTURES: The following accessory uses and structures
shall be permitted:
1. Accessory uses
and structures.
Section 9. 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 10. 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 21st day of January 2020.
(SEAL)
Lonnie Meyer, Mayor
Katherine A. Roche,
City Clerk
ORDINANCE NO. 460
AN ORDINANCE TO
ADD PROVISIONS TO CREATE AN OFFENSE TO RESIDE IN A RESIDENTIAL
DWELLING WITHOUT UTILITIES BEING PROVIDED TO SAID RESIDENTIAL
DWELLING; TO STATE LEGISLATIVE INTENT; TO PROVIDE PROVISIONS
REGARDING NOTICE TO OCCUPANTS; 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 3, Section 6-341, of the Municipal Code of Blue Springs,
Nebraska, be added to read as follows:
6-341 OFFENSES; OCCUPIED
RESIDENTIAL DWELLINGS WITHOUT UTILITIES.
(1) The Governing
Body finds that individuals are occupying residential dwellings
without the knowledge of the owner, and without water, electric,
and natural gas utility services being provided to the residential
dwelling. The Governing Body finds that this is a public health
and safety concern that individuals are living in substandard
conditions which are dangerous to their individual health and
safety.
(2) It shall be unlawful
for any individual to reside in a residential dwelling that is
not being served with water, electric, and/or natural gas utility
services.
(3) Upon determining
that an individual or individuals are residing in a residential
dwelling without water, electric, and natural gas utility services,
the Municipality shall provide notice to the occupants by personal
service by the Ordinance Enforcement Officer. It shall not be
a violation of this ordinance if the occupant or occupants provide
the Ordinance Enforcement Officer with proof of ownership or
proof an oral or written lease of the residential dwelling, and
sign up for water, electric and/or natural gas utility services
within five (5) days of receiving notice from the Municipality.
Section 2. That any
other ordinance or section passed and approve 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 4th day of December 2018
Lonnie Meyer, Mayor
Katherine Roche, City
Clerk
ORDINANCE NO. 459
AN ORDINANCE TO
APPROVE LUCKY BRIDGE LOUNGE, LLC, AS THE CITY OF BLUE SPRINGS?
KENO CONTRACTOR; TO GRANT LUCKY BRIDGE LOUNGE, LLC, THE EXCLUSIVE
RIGHT TO OPERATE FOR THE CITY A KENO STYLE LOTTERY WITHIN THE
CITY?S CORPORATE LIMITS; TO AUTHORIZE THE MAYOR AND CITY CLERK
TO EXECUTE THE LOTTERY OPERATOR AGREEMENT; TO REPEAL CONFLICTING
ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.
WHEREAS, a majority
of the registered voters of the City of Blue Springs, Nebraska,
at a regularly scheduled election have approved the establishment
of a municipal lottery pursuant to the Nebraska County and City
Lottery Act, Neb. Rev. Stat 9-601 thought 9-653; and
WHEREAS, Lucky Bridge
Lounge, LLC, desires to serve as the City of Blue Springs? keno
contractor and the City of Blue Springs desires to grant Lucky
Bridge Lounge, LLC, the exclusive right to operate a keno style
lottery within the City?s corporate limits.
NOW, THEREFORE, BE
IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLUE SPRINGS,
NEBRASKA that Lucky Bridge Lounge, LLC, be, and hereby is, approved
to serve as the City of Blue Springs? keno contractor, and that
Lucky Bridge Lounge, LLC, is granted the exclusive right to operate
a keno style lottery within the corporate limits of the City
of Blue Springs at 619 West Broad Street, Blue Springs, Nebraska.
BE IT FURTHER ORDAINED
that the Mayor and City Clerk are authorized to execute the lottery
operator agreement (three-year term) with Lucky Bridge Lounge,
LLC. 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.
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 18th day of September, 2018.
Signed by: Lonnie
Meyer, Mayor;
Katherine A. Roche,
Clerk
ORDINANCE NO. 458
AN ORDINANCE PERTAINING TO THE REGULAR MEETINGS OF THE GOVERNING
BODY; TO CHANGE THE TIME OF THE REGULAR MEETINGS OF THE GOVERNING
BODY; TO PROVIDE THAT THE REGULAR MEETINGS OF THE GOVERNING BODY
SHALL BE HELD ON THE FIRST AND THIRD TUESDAY OF EVERY MONTH AT
THE HOUR OF 7:00 P.M.; TO PROVIDE FOR THE REPEAL OF 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 1, Article 5, Section 1-514 of the Municipal
Code of the City of Blue Springs, Nebraska, be amended to read
as follows:
§ 1-514 MEETINGS; REGULAR MEETINGS. The meetings of the
Governing Body shall be held in the meeting place of the Municipality.
Regular meetings shall be held on the first (1st) and third (3rd)
Tuesday of every month at the hour of 7:00 p.m.
At all meetings of the City Council , a majority of the Council
members shall constitute a quorum to do business. (Ref. 17-205
RS Neb.)
Section 2. 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 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 17th day of July, 2018.
Lonnie Meyer, Mayor
(SEAL)
Katherine A. Roche, City Clerk
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),
Blackmans 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),
Blackmans 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 SHERIFFS 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 Sheriffs 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