ORDINANCE NO. 443

AN ORDINANCE PROVIDING FOR THE USE OF THE CITY COMPOST AREA BY RESIDENTS OF THE CITY AND CITY OF WOOD RIVER UTILITY CUSTOMERS; DUMPING FEE; DEFINING ILLEGAL DUMPING; PENALTY; REPEAL OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL FOR THE CITY OF WOOD RIVER NEBRASKA:

SECTION 1. USE OF CITY COMPOST AREA BY RESIDENTS AND UTILITY CUSTOMERS. ANY RESIDENT OF THE CITY OF WOOD RIVER LIVING WITHIN THE BOUNDARIES THEREOF, OR A CITY OF WOOD RIVER UTILITY CUSTOMER, SHALL BE ENTITLED TO DUMP GRASS, LEAVES, BRANCHES, AT THE CITY COMPOST AREA WITH AN INITIAL $10.00 CHARGE AND $15.00 PER YEAR CHARGE THEREAFTER, BILLED ON JANUARY 1ST OF EACH YEAR. ANY RESIDENT SO DEFINED WHO AUTHORIZES ANOTHER TO MAKE USE OF HIS STATUS AS A CITY RESIDENT SHALL AUTOMATICALLY HAVE THEIR PRIVILEGE TO MAKE USE OF THE CITY COMPOST AREA REVOKED FOR A PERIOD OF ONE YEAR AND UPON COMPLETION OF SAID PERIOD OF REVOCATION, SHALL PAY A $60.00 REINSTATEMENT FEE AND PRIVILEGE FEE TO USE SAID FACILITY EACH YEAR THEREAFTER.

SECTION 2. ILLEGAL DUMPING. ANY PERSON WHO DUMPS OR DEPOSITS ANY ITEM OF REFUSE OTHER THAN GRASS, LEAVES, AND BRANCHES, AT THE  CITY OF WOOD RIVER'S COMPOST AREA; OR ANY PERSON WHO IS NOT A CITY OF WOOD RIVER'S COMPOST AREA PERMIT HOLDER, WHO DEPOSITS ANY REFUSE INCLUDING GRASS, LEAVES, AND BRANCHES AT THE CITY COMPOST AREA SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE FINED AN AMOUNT NOT TO EXCEED $100.00 TOGETHER WITH COURT COSTS.

SECTION 3. REPEAL OF ORDINANCES IN CONFLICT HEREWITH. ALL ORDINANCES  AND PARTS AND ORDINANCES PASSED AND APPROVED PRIOR TO THE PASSAGE  AND APPROVAL OF THIS ORDINANCE, AND IN CONFLICT HEREWITH, ARE HEREBY REPEALED.


SECTION 4. WHEN OPERATIVE. THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.


PASSED AND APPROVED THIS 16th DAY OF April, 2002.
______________

JOHN WEBSTER, MAYOR
ATTEST:
__________________________
MARLA KNECHT, CITY CLERK

 ORDINANCE NO. 446

An Ordinance pertaining to the selection, planting, maintenance and removal of trees within the public right-of- way; to provide for minimum spacing, location, area requirements and minimum size of seedings; to recommend the variety of trees which may be planted within such right-of-way and to prohibit other species; to provide for a penalty for violation of this Ordinance; and to provide for the effective date of this ordinance after publication as provided by law.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL FOR THE CITY OF WOOD RIVER NEBRASKA:

SECTION 1. The Mayor and Council, hereby determine that the selection, planting, maintenance, and removal of trees within the public right-of-ways in the City of Wood River substantially affects the degree of pedestrian and vehicular safety, the location and maintenance of utility services, tree maintenance costs, the incidence of tree diseases, and the general appearance and beautification of the City; that removal of trees due to disease, private development, of public works improvements, has resulted in a loss of their important contribution to man and his environment, and therefore it is determined that such selection, planting, maintenance and removal of trees in public right-of-ways are a community concern over which the City must exercise control.

DEFINITIONS:
Street Trees- are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between
property lines on either side of all streets, avenues, or ways within the City.
Park Trees- are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having
individual names, and all areas owned by the City, or to which the public has free access as a park.
Public Community Forest- is defined as all street and park trees, and other trees owned by the City as a total
resource.

Private Community Forest- is defined as all trees within city boundaries but not owned by the City.

SECTION 2. No person, or persons, shall plant, or allow to grow, any trees within the sidewalk space without first making a written, or verbal, application to, and receiving a written permit from the Governing Body. Any tree planted within the sidewalk space after the adoption date of this section be deemed to be unlawfully planted and growing and shall, at the discretion of the Governing Body, be deemed to be a nuisance. When any such tree is declared to be a nuisance, the Governing Body shall order, with proper notice, the tree removed at the expense of the owner of the property adjacent to the property adjacent to the sidewalk space upon which the tree has been unlawfully planted. It the property owner fails, or neglects, to remove, or cause to be removed, the said tree, the Governing Body shall order the same removed and assess the expense of removal against the property adjacent to the sidewalk space wherein the tree is planted and growing. In the event the property owner is a non-resident of the county in which the property lies, the Municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, retrun receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published. No fee shall be charged for said permit, and nothing in this section shall be construed to apply to any existing trees now growing within the sidewalk space.

SECTION 3. OBSTRUCTIONS: Trees and shrubs, growing upon, or near, the lot line, or upon public ground and interfering with the use, or construction of any public improvements shall be deemed an obstruction under this Article. Said trees, shrubs and their roots may be removed by the Municipality at the expense of the owner of the property upon which the tree and shrub is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm, or corporation to obstruct, or encumber, by fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks.


SECTION 4. The City shall maintain an extensive list of recommended trees and space for planting in public areas available at the City Office. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be available to residents of the City upon request to aid in the selection of trees for private and public properties. The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.


SECTION 5. The Tree Board for the City shall consist of five members, citizens and residents of this City, who shall be appointed by the mayor with the approval of the City Council. List of duties and responsibilities available at the City Office.

SECTION 6. DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY: All trees that are in a diseased, dying or dead condition are declared to be a public nuisance and shall be removed by the property owner from the private property on which they are located. For the purpose of carrying out the provisions of this section, the City Tree Board shall have the authority to enter on private property to inspect the trees thereon. In the event that the trees are diseased or dead, notice shall be given to the owner of the property by mail or personal service, and such notice shall allow the said owner 60 days to remove the said tree or trees. In the event that the owner is a non-resident, notice shall be made by publication in a newspaper of general circulation, or by certified mail if the name and address is known. The person charged with the removal may enter into an agreement with the City that such work be accomplished by the City, and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid. It the owner fails, neglects or refuses to enter into such an agreement, or to remove the trees, the City Tree Board may enter upon the property and proceed to direct the removal of the trees and the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the City after being properly billed, the costs shall be assessed against the property and certified by the city clerk to the county treasurer to be collected in the manner prescribed by law. In the event the property owner is a non-resident of the county in which the property lies, the City shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.

SECTION 7. REVIEW BY CITY COUNCIL: The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal any ruling or order of the City Tree Board to the Council, who may hear the matter and make a final decision.

SECTION 8: Failure to comply with any section of this ordinance shall be unlawful, and shall be punishable by a subject to a fine of not less than one dollar, not more than five hundred dollars for each offense. Each day a violation of a continuing nature shall remain in existence shall constitute a separate offense.

SECTION 9: This ordinance shall be in force and take effect from and after its passage and publication within fifteen days as provided by law.

ENACTED: July 2, 2002
John Webster, Mayor
ATTEST:
Marla Knecht, City Clerk

 ORDINANCE NO. 449

An Ordinance of the City of Wood River, Nebraska, to amend Section 3-114 of the Wood River Municipal Code, to provide for a method of conserving the municipal water supply; adopting rules and regulations for restrictive use of the water system for fountains or for sprinkling yards, lawns and gardens; authorizing the Mayor to declare a water emergency and restrict water use in the event of a threat to public safety; to provide for a turn-off of a customer’s water supply in the event of violation of the rules and regulations or for failure to pay water charges; and to provide for a re-connection fee.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 3-114 of the Wood River Municipal Code is hereby amended to read as follows:

“3-114. MUNICIPAL WATER DEPARTMENT; RESTRICTED USE; RIGHT OF CITY TO SHUT OFF WATER; RIGHT OF CHARGING A RE-CONNECTION FEE. The City Council of the City of Wood River, Nebraska, recognizing the need and desirability of conserving the municipal water supply, hereby adopts the following restrictions for the use of water from the municipal water system for fountains, or for sprinkling yards, lawns, and gardens:

A. From and after the effective date ofg this Ordinance, residents residing within the municipality whose house-street numbers end in an odd number shall be allowed to use the municipal water supply for the purpose of fountains, sprinkling yards, lawns and gardens only on odd-numbered days of the month from 6:00 A.M. to 10:00 A.M. and between 5:00 P.M. and 9:00 P.M.

B. From and after the effective date of this Ordinance, residents whose house-street numbers end in an even number shall be allowed to use the municipal water supply for the purpose of fountains, sprinkling yards, lawns and gardens only on even-numbered days of the month from 6:00 A.M. to 10:00 A.M. and between 5:00 P.M. and 9:00 P.M.

C. In the event of a violation of the above rules and regulations by a patron of the municipal water supply system, the City Council may direct the City Clerk to give a warning letter to the violator; subsequent violations may result in the City Council directing the municipal utility superintendent to shut off the water supply to the violator. In the event that the municipal water system is shut off to the patron, a re-connect fee of $100.00 must be paid to the Wood River City Clerk for deposit to the benefit of the City Water Department accounts. The re-connect fee shall be non-refundable.

D. The City Council hereby authorizes the Mayor to declare a water emergency in the event the City water supply becomes a threat to public safety, during which water emergency all outside watering shall be suspended or restricted by proclamation of the Mayor.

The City may shut off the water supply at any time, from any or all premises, to make repairs of extensions of connections, or for violations of this chapter, or for failure to pay water charges. No claim for damages shall be make against the City or utility superintendent on account of any such shut off or on account of failure of the water supply from any cause.”

Section 2. That the previously existing Section 3-114 of the Wood River Municipal Code is hereby repealed.

Section 3. That the Wood River City Clerk is authorized to remit the re-connect fee to the Water Department and is further authorized to charge the re-connection fee to any household or patron of the municipal water supply system whose service has been shut off for violation of the use restrictions of this Ordinance.

Section 4. This Ordinance shall be in full force and effect upon its passage and publication as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 20th day of August, 2002.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk

ORDINANCE NO. 455

An Ordinance of the City of Wood River, Nebraska, providing for the creation of Section 3-114.1, of the Wood River Municipal Code; to provide for an application process for a temporary permit for the suspension of the ordinance restricting watering of yards, lawns and gardens for a limited time and purpose; to provide for a Waiver Permit to be issued by the Wood River City Council; providing for an effective date of this Ordinance and repealing conflicting ordinances.

BE IT, THEREFORE, ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 3-114.1 of the Wood River Municipal Code be adopted as follows:

Section 3-114.1 Municipal Water Department Use Restriction-Application for Conditional Use and Waiver of Watering Restrictions: The City Council of the City of Wood River, Nebraska recognizing the need to allow under certain circumstances a conditional use permit allowing deviation from the water use restrictions provided by Section 3-114 of the Wood River Municipal Code, hereby adopts the following procedure for Municipal Water Patrons to apply for a Limited Conditional Use Permit and Waiver of the Water Restrictions identified in Section 3-114 of the Municipal Code:

A. Municipal water patrons may make an application for the issuance of a temporary Conditional Use Permit to be issued by the Wood River City Council, allowing patrons to deviate from the Municipal Water Use Restrictions identified in Section 3-114 of the Wood River Municipal Code by written application to be submitted to the City Council.

B. The City Council is authorized to issue permits, allowing deviation from the water use restrictions identified in Section 3-114 of the Municipal Code for applicants demonstrating a sufficient hardship need and circumstances in which an applicant can demonstrate to the City Council that deviation from the restrictions is necessary for a limited time to supply a limited amount of water to a lawn or garden in circumstances where a yard has recently been or is about to be re-seeded, and requires watering on consecutive days for a limited time to allow germination and sprouting of lawn seed, or in circumstances where a patron can demonstrate watering of a garden under limited conditions will result in a more efficient use of the municipal water through limited daily sprinkling, rather than every-other-day watering.

C. The City Council hereby authorizes the City Clerk and Utility Superintendent to accept written applications for conditional permits, authorizing waiver of the watering restrictions identified in Section 3-114 of the Municipal Code; upon the filing of a request for Waiver and Conditional Use Permit by a municipal water patron, the filed written application for permit to deviate from the watering restrictions of Section 3-114 of the Municipal Code shall be submitted at the next regular meeting of the Wood River City Council . The City Council shall review the application and may grant a conditional use permit that would authorize the municipal water patron to deviate from the water use restrictions of Section 3-114 of the Municipal Code, provided said permit is limited as to a specific time limitation, or a specific quantity or use limitation during the same period.

D. In instances where a conditional use permit has been issued to a municipal water patron, and the patron violates the additional use permit, said violation will be deemed to be a violation of Section 3-114 of the Wood River Municipal Code, and the same penalties and procedures may then be applicable to a municipal water patron as if the conditional use permit had not been issued.

Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 3. This ordinance shall be enforced and take effect from and after its passage and publication within fifteen (15) days and one issue of the Wood River Sunbeam, as provided by law.

Enacted this 22nd day of April, 2003.
John Webster, Mayor
Attest:
Marla Knecht, City Clerk

 ORDINANCE NO. 458

An Ordinance of the City of Wood River, Nebraska, to provide for a 15 mile-an-hour speed zone on 11th Street from Lilly to Walnut and on Walnut Street from 11th to 10th and on 10th Street from Walnut to Lilly and on Lilly Street from 10th to 11th Street, when children are present in the speed zone.

WHEREAS, the City of Wood River, Nebraska, is granted the general power to regulate the speed of vehicles and to provide for traffic-control devices within the municipality; and

WHEREAS, the safety of grade school children crossing the streets within the perimeter of the grade school would be enhanced by reducing the current speed limit on streets surrounding the school building and grounds during periods of time when children are present.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA:

Section 1. That the speed limit on 11th Street and on 10th Street between Walnut Streets and Lilly Streets within the municipality is hereby designated a 15-mile-an-hour speed zone during periods when children are presents. That the speed limit on Walnut and Lilly Streets between 10th Street and 11th Street is also hereby designated a 15-mile-an-hour speed zone during periods of time when children are present.

Section 2. That all Ordinances and parts of Ordinances in conflict herewith are hereby amended to provide for compliance with this Ordinance. That the Municipal Street Department be and hereby is directed to erect traffic control speed signs of 15 miles per hour, notifying motorists of the speed limit during periods of time when children are present in the speed zones created by this Ordinance.

Section 3. That this Ordinance shall be in force and take effect from and after its passage and publication as provided by law.
Enacted this 17th day of June, 2003

John Webster, Mayor
Attest:
Marla Knecht, CMC
 

ORDINANCE NO. 459

An Ordinance amending Sections 3-803 and 3-811 of the Wood River Municipal Code; to provide for municipal electrical service deposit, hookup fee and consumer’s application, to provide for disconnection of delinquent accounts and a disconnect-reconnection fee; repealing conflicting Ordinances and providing the effective date of this Ordinance.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA:

Section 1. That Section 3-803 if the Wood River Code be amended and modified to read as follows:

Section 3-803. MUNICIPAL ELECTRICAL SYSTEM; CONSUMER’S APPLICATION, SERVICE DEPOSIT, HOOKUP FEE.

(1) Persons desiring electrical service must make application therefore to the Municipal Clerk. Applications for service must be accompanied by a $200 service deposit unless the applicant has a current account with the City of Wood River, Nebraska, and provided further that said account has been maintained for a minimum of two (2) years without a disconnect notice having been given during said two-year period. Applicants requesting electrical service to premises not previously connected to the electrical system shall also be required to pay a $25 hookup fee. The $200 service deposit shall be retained by the City and may be used by the City as an offset to any delinquent account of the subscriber or may be refunded to the subscriber upon the happening of the following:

a. At the subscriber’s request after subscriber has paid for all utility chargers and terminated all utility service, or

b. At the subscriber’s request after the subscriber has established a 24-consecutive month payment history to the Utility Department without disconnect notice at that location.

(2) Electricity may not be supplied to any house or building except on the written order of the Utility Superintendent. The system shall not supply electrical service to any person outside the corporate limits without special permission from the governing body; provided that the entire cost of wire, installation and other expenses shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to supply electrical service to non-residents.

Section 2. That Section 3-811 of the Wood River Municipal Code be amended and modified to read as follows:

Section 3-811. MUNICIPAL ELECTRICAL SYSTEM; DELINQUENT PAYMENTS, NOTICE OF DISCONNECTION.

Electrical fees shall be due and payable monthly at the Office of the Municipal Clerk. Bills shall be sent on the 1st day of the month and shall be due and payable by the 10th . If electrical fees are not paid by the 10th of the month, the electricity will be turned off after seven-day’s notice by mail to the subscriber and will not be turned on again until all back fees, charges, including a reconnection fee for reconnecting the service in the sum of $100.00 has been paid following disconnection for failure to make payment of the electrical charges. If a subscriber has previously been identified as a welfare recipient to the municipality by the Nebraska Department of Health and Human Services, the notice of disconnection will be by certified mail and notice of such proposed termination shall be given to the Department. The seven-day notice that electricity will be turned off will be exclusive of holidays and weekends.

Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby amended to provide for the above-described additions and amendments to the Wood River Municipal Code.

Section 4. That this Ordinance shall be in force and take effect upon its passage and publication as provided by law.
Enacted this _8th_ day of _July_, 2003

John Webster, Mayor
Attest:
Marla Knecht, CMC



 

ORDINANCE NO 469

AN ORDINANCE TO AMEND ORDINANCE NO. 428 AUTHORIZING AND DIRECTING PARTICIPATION BY THE CITY OF WOOD RIVER. NEBRASKA. IN THE ELECTRICAL RESOURCES POOLING Agreement WITH THE Municipal. ENERGY AGENCY OF NEBRASKA; TO CHANGE Status IN THE POOLING AGREEMENT TO BULK PoweR PARTICIPANT; TO Prescribe: THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

Be IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WOOD RIVER. NEBRASKA.

Section 1. The City Council here-by finds and declares it to be in the public interest and in the interest of the customer's of the City's electric utility that the City change it's participant status in the Electrical Resources Pooling Agreement with the Municipal Energy Agency of Nebraska from a Service Power Participant to a Bulk Power Participant.

Section 2. It is here by ordered and directed that the City of Wood river, Nebraska acting through its Mayor and City Clerk, change its Participation status in the Electrical Resources Pooling Agreement to a Bulk Power Participant, and hereby executes Service Schedule K. a  copy of said Service Schedule K being attached hereto and made a part hereof.

Section 3. The City of Wood River, Nebraska, does hereby adopt and approve each of the objectives, terms and conditions set forth in Electrical Resources Pooling Agreement and Service Schedule K.

Section 5. This Ordinance shall be in full force and take effect after its passage approval and publication as provided by law.

ORDINANCE NO. 470

An Ordinance of the City of Wood River, Nebraska, to amend Section 4 of Ordinance No. 427 of the City of Wood River, Nebraska, passed and approved on January 18, 2000; to provide for payment deadlines for special assessments, to provide for calculation and payment of interest and to provide for the collection of the special assessments passed by Ordinance No. 427 by the City Treasurer, and providing for the repealing of all Ordinances in Conflict herewith.

WHEREAS, the Wood River City Council did on the 18th day of January, 2000, adopt Ordinance No. 427 of the City of Wood River, Nebraska, assessing the cost of water improvements, Sanitary sewer improvements and street improvements in Street Improvement District 98-1, 98-2, 98-3, 99-1 and Water Improvement District 98-1 and Sanitary Improvement District 98-1, and

WHEREAS, the City Council of the city Wood River, Nebraska, desires to amend Section 4 of Ordinance No. 427 to provide for a payment schedule for street improvement, water improvement and sanitary sewer improvements within said District and For the Calculation and Payment of interest upon said assessments;

THEREFORE, BE IT RESOLVED, BU THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS

Section 1. That Section 4 of Ordinance No. 427 shall be amended to provide as follows:

Section 4. The Special assessment provided for Ordinance No.427 of the City of Wood River, Nebraska shall become due in 15 days after the passage of said Ordinance and if not paid within said 50 days, shall be payable and draw interest as follows:

A. Assessments for Street Improvement Districts 98-1, 98-2, 98-3, and 99-1 shall be payable in annual installments over a 10-year period without interest until the lots located within said District are sold by Thelen Grain Co.; upon sale of said lots, the street improvements will accrue interest at the rate of Seven Percent (7%) per annum. Delinquent installments shall bear interest at the rate of Fourteen Percent (14%) per annum until paid and shall be collected by the City Treasurer.

B. Special Assessments arising under Water Improvement District 98-1 and Sanitary Sewer Improvement District 98-1 shall be payable in annual installments over a 10-year period commencing March 8, 2000, and will accrue interest at the rate of Eight Percent (8%) per annum from said date with a maximum of Five (5) years interest accruing at Eight Percent (8%) per annum. Upon the sale of a lot by Thelen Grain Co. upon which a sewer or water assessment has been levied, the 10-year installment payment shall commence. Delinquent payments for sewer and water assessments after the sale of a lot by Thelen Grain Co. shall bear interest at Fourteen Percent (14%) per annum delinquency rate. The Wood River City Treasurer shall collect the assessments and interest arising in Water Improvement District 98-1 and Sanitary Sewer Improvement District 98-1.

Section 2. That this Ordinance shall be in force and take effect from and after its passage and publication within 15 days in one (1) issue of the Wood River Sunbeam as provided by law and that hereby amended to comply herewith.

Enacted the 20th day of January, 2004

John Webster, Mayor
Attest:
Marla Knecht, CMC

ORDINANCE NO. 473

An Ordinance of the City of Wood River, Nebraska, to create Section 6-332 of the Wood River Municipal Code, to provide for a method to eliminate obstructions at intersections and to restrict the height of any hedge, bush or shrubbery within the sight lines of intersections; to provide for a penalty for violations of the Ordinance; and to repeal conflicting Ordinances.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 6-332 of the Wood River Municipal Code is hereby adopted to read as follows:


“6-332. MISDEMEANORS; OBSTRUCTIONS AT INTERSECTIONS. It is hereby declared unlawful for any person to plant, grow, keep or maintain, or cause to be planted, grown, kept, or maintained, any hedge, bush or shrubbery of any kind or nature more than three feet (3’) in height above the roadway within the triangle formed by the adjacent side lines of two intersecting streets and the line joining points distant 30’ on each side line from their point of intersection. For the purpose of this section, “side line” of street shall mean the property line.”

Section 2. That any person who shall violate or refuse to comply with the enforcement of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $100.00 for each offense.

Section 3. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

Section 4. This Ordinance shall be in full force and effect upon its passage and publication as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 4th day of May, 2004.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk

ORDINANCE NO. 474

An Ordinance of the City of Wood River, Nebraska, creating Section 9-505 of the Wood River Municipal Code, to provide for numbering of principal buildings upon lots within the municipality; to authorize the City Clerk to issue a certificate of the correct number to be placed on a principal building; to provide for an owner of occupant’s duty to install numbers; to provide a minimum size for numbering and placement of the numbers in a uniform manner; to provide for enforcement of this Ordinance; and to provide for an effective date of this Ordinance.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:
Section 1. That Section 9-505 of the Wood River Municipal Code is hereby adopted to read as follows:

“9-505. PRINCIPAL BUILDING NUMBERING SYSTEM; NUMBERS TO BE ASSIGNED BY CITY CLERK; ISSUANCE OF BUILDING NUMBER CERTIFICATE; OWNER-LESSEE DUTY INSTALL NUMBERS: SIZE, COLOR AND PLACEMENT OF NUMBERS; ENFORCEMENT. The City Council of the City of Wood River, Nebraska, recognizing the need and desirability of providing an effective manner to identify buildings by emergency personnel and in order to provide for the public safety, hereby adopts the following provisions for assigning numbers to principal buildings located upon lots within the municipality:

A. It shall be the duty of the City Clerk to prepare a plan for the numbering of principal buildings upon lots within the municipality so that the owner of any principal building may, by applying therefore, receive a certificate of the correct number to be placed on such principal building.

B. It is hereby made the duty of the owner, agent, lessee or occupant of any principal building in the city to place or cause to be installed and maintained upon such building, a proper house number as herein designated.

C. The figures of each number shall not be less than 2 1/2” in height. Each figure shall be plain, legible, and of contrasting color with its background. The numbers shall be maintained in such condition at all times.

D. The building numbers shall be placed upon the principal building in a conspicuous place as near as may be to the main entrance thereto so that it may be easily seen from the street extending in front of said building. The requirement for house numbers as specified herein shall be the minimum requirement. The owner, agent, lessee, or occupant of any principal building may place such other correct numbers on such building as deemed necessary so long as the minimum requirements of this article are met.

E. It shall be the duty of the City Clerk to enforce the provisions of this chapter concerning the duty of the owners, agents, lessees, or occupants to number buildings, and any person refusing to number a building as herein required, or who shall fail to do so within a period of 30 days after being notified in writing by the City Clerk to do so, shall, upon conviction, be deemed guilty of a misdemeanor.

Section 2. This Ordinance shall be in full forced and effect upon its passage and publication as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 4th day of May, 2004.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk
 

 ORDINANCE NO. 478

An Ordinance of the City of Wood River, Nebraska, to establish the hours during which permissible fireworks may be discharged; to repeal conflicting ordinances; and to provide an effective date of this ordinance.
BE IT ORDAINED By the City Council of the City of Wood River, Nebraska, as follows:
Section 1. That Section 7-404 of the Wood River Municipal Code be adopted to provide as follows:

“7-403. FIREWORKS PERMITTED HOURS OF DISCHARGE. Permissible fireworks, authorized under the laws of the State of Nebraska, may be discharged, exploded or used in the City of Wood River, Nebraska on June 25; provided that on such days the discharge and explosion of fireworks shall be permitted only during the following times:
June 25 through July 2 8:00 a.m. to 10:00 p.m.
July 3 8:00 a.m. to 11:00 p.m.
July 4 8:00 a.m. to 12:00 midnight.
Section 2. This ordinance shall repeal any conflicting ordinance.
Section 3. This ordinance shall be in full force and take effect from and after its passage, approval, and publication as provided by law.
Passed and approved by the City Council of the City of Wood River, Nebraska, the 3rd day of August, 2004.

John Webster, Mayor
Attest:

Marla Knecht, City Clerk

 

ORDINANCE NO.482

An Ordinance amending § 3-138 of the Wood River Municipal Code, to provide for an expanded definition of Water Control Area as authorized by § 17-536 of the Reissue Revised Statutes of Nebraska; to regulate water wells within the Water Control Area within the City limits of the City of Wood River, Nebraska, and its zoning jurisdiction; to provide for the repeal of conflicting definitions; and providing the effective date of this Ordinance.

WHEREAS, the City of Wood River, Nebraska, is granted a general grant of power by § 17-536, Reissue Revised Statutes of Nebraska, to regulate wells within its jurisdiction and to prevent any pollution or injury to the source of the municipal water supply; and

WHEREAS, the Wood River City Council has determined that it is appropriate to extend the Water Control Area established by Ordinance and § 3-138(1) of the Wood River Municipal Code, to an area within the City's zoning jurisdiction;

BE IT, THEREFORE, ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA:

Section 1. That § 3-138(1) of the Wood River Municipal Code is hereby amended to read as follows:

(1) A Water Control Area is hereby established to encompass all real estate falling within the corporate limits of the City of Wood River, Nebraska, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of one (1) mile, as established on the map entitled, liThe Official Zoning Map of the City of Wood River, Nebraska II, and as may be amended by subsequent annexation. Said area shall hereinafter be referred to as the Water Control Area.

Section 2. That all other sub-sections and provisions of the Wood River Municipal Code § 3-138, ,also known as Ordinance No. 407, enacted May 5, 1998, are hereby ratified and confirmed in each and every respect.

Section 3. That this Ordinance shall be in full force and take effect from and after its passage and publication within 15 days in one (1) issue of The Wood River Sunbeam as provided by law.

Enacted the 2nd day of November, 2004.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk
 

ORDINANCE NO. 483

An Ordinance of the City of Wood River, Nebraska, creating § 8-510 of the Wood River Municipal Code, prohibiting topping as a tree-trimming practice; to provide for the definition of tree topping; to provide for an effective date; and to provide for a penalty for violation of this Ordinance.
WHEREAS, the City Council of the City of Wood River, Nebraska, has heretofore established Ordinances promoting the planting, maintenance and removal of trees in public right-of-ways.

BE IT, THEREFORE, ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA:

That § 8-510 of the Wood River Municipal Code be adopted to read as follows:
§ 8-510.TREES; TOPPING; _PROHIBITION.

Section 1. It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree or other tree on public property or within public right-of-way.

Topping is defined as the severe cutting back of limbs to such a degree so as to remove the normal canopy or to stubs larger than three inches (3") in diameter within the tree's crown, disfiguring the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempt from this article at the determination of the Tree Board. The topping of private trees by persons or firms engaged in the business will not be recommended by the City.

Section 2. Persons violating this Ordinance shall be subject to a penalty as set forth in § 8-509 of the Wood River Municipal Code of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) for each offense.
Section 3. That all Ordinances or portions of the Wood River Municipal Code in conflict with this Ordinance are hereby repealed.
Section 4. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law.
Passed and approved by the City Council of the City of Wood River, Nebraska, on the 2nd day of November, 2004.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk

ORDINANCE NO. 485

An Ordinance of the City of Wood River, Nebraska, to create Section 10-109.5 of the Wood River City Code, to provide for a municipal license fee for special designated liquor licenses issued by the Nebraska Liquor Commission for operations within the municipality; to provide for payment of the municipal fee at the time of the issuance and delivery of the special designated liquor license by the Wood River City Clerk; to provide an effective date of this Ordinance and to reveal conflicting Ordinances.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 10-109.5 of the Wood River Municipal Code is hereby created to read as follows:

§ 10-109.5. MUNICIPAL LICENSE FEE FOR SPECIAL DESIGNATED LICENSE FOR SALE OR CONSUMPTION OF ALCOHOLIC LIQUOR. The City Council and the City of Wood River, Nebraska, recognizing the need and desirability of providing a municipal fee for special designated licenses for sale or consumption of alcoholic liquor issued by the Nebraska Liquor Commission, hereby adopts the following fee schedule:

A. From and after the effective date of this Ordinance, applicants applying for a special designated license for sale or consumption of alcoholic liquor pursuant to Section 53-124.11 R.R.S. Neb. shall be required to pay to the Wood River City Clerk at the time of issuance of the license an administrative fee.

B. The amount of the municipal fee to be collected by the Wood River City Clerk for a special designated license for sale or consumption of alcoholic liquor shall be equal to twenty-five percent (25%) of the fee charged by the Nebraska Liquor Commission pursuant to Section 53-124.11(3) and shall be remitted by the City Clerk to the Treasurer for credit to the Wood River General Fund. The fee to be paid to the City shall be in addition to the fees paid to or for the benefit of the Nebraska Liquor Commission under the Nebraska Liquor Control Act.

Section 2. This Ordinance shall be in full force and effect upon its passage and publication as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 5th day of April, 2005.


JOHN WEBSTER, Mayor
ATTEST:
MARLA KNECHT, City Clerk

ORDINANCE NO. 484

An Ordinance of the City of Wood River, Nebraska, to extend the boundaries and include within the corporate limits of, and to annex to the City of Wood River, Nebraska, certain contiguous and adjacent tracts of land                  located in the Northwest Quarter (NW1I4) of Section Nineteen (19), Township Ten (10) North, Range Eleven (11), West of the 6th P.M., Hall County, Nebraska, more particularly described as follows:

Beginning at the Southwest comer of Lot 1, Thelen Subdivision, First Addition to the City of Wood River, Hall County, Nebraska; thence S89°55'19"W on the North line of Green Street, 263.52' to a point on a nontangent 1859.86' Radius curve concaved to the east, said point also being on the east line of Highway 11; thence on the arc of said 1859.86' Radius Curve and on said east line, (Chord Bearing ofN08°20'06"E, Chord Length of 66.71 '),66.72'; N09°21' 45"E on said east line 119.74'; N89°55'19"E 231.78'; thence SOoo48'21"E 184.13' to the Point of Beginning, containing 1.05 acres more or less. The tract is also known as Lot One (1), Block One (1), Thelen Second Subdivision in Addition to the City of Wood River, Hall County, Nebraska. to provide for service benefits thereto; to provide severability; and to confirm the zoning classification thereof.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. It is hereby found and determined by such City Council that:

A. The tract ofland above described in the Northwest Quarter (NW1I4) of Section Nineteen (19), Township Ten (10) North, Range Eleven (11), West of the 6th P.M., Hall County, Nebraska, as herein above more particularly described is urban and suburban in character and adjacent to the corporate limits of such city and not agricultural land rural in character.

B. Police, fire, and snow removal benefits are available thereto, city water service, and city sewer service is available to the adjacent land and will be available to the herein above described land as provided by law.

C. The zoning classification of such land as shown on the official zoning map of the City of Wood River, Nebraska, is hereby confirmed.

D. There is a unity of interest in the use of such tract of land with the use of lots, lands, streets, and highways in the City, and the community convenience and welfare and the interest of such City will be enhanced through incorporating such land within the corporate limits of the City.

Section 2. That the boundaries of the City of Wood River, Nebraska, be, and hereby are, extended to include within the corporate limits of such City the contiguous and adjacent tract ofland herein above described containing 1.05 acres more or less.

Section 3. Such tract of land is hereby annexed to the City of Wood River, Hall County, Nebraska.

Section 4. Upon the taking effect of this Ordinance, the police, fire, and snow removal services of such City shall be furnished to the tract of land and streets herein annexed, and City water service and City sewer service will be available as provided by law.

Section 5. If any Section, subsection, sentence, clause, or phrase of this Ordinance or the annexation of any tract of land or street by this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 6. This Ordinance shall be in force and take effect from and after this passage, approval, and publication within fifteen days in one issue of the Wood River Sunbeam, without the plat, as provided by law.

Section 7. That a certified copy of this Ordinance together with a drawing of such tract of land be filed for record in the office of the Hall County Register of Deeds.

ENACTED this 19th day of April, 2005.

John Webster, Mayor
ATTEST:
Marla Knecht, City Clerk

ORDINANCE NO. 487

An Ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Wood River, Nebraska, for parcel of ground west of Cottonwood Street (State Highway 11) north of U.S. Highway 30; changing the classification on said tract of land from L1-Light Industrial District to R9-Low Density Residential District; directing that said change in classification be shown on the official zoning map of the City of Wood River, Nebraska; repealing conflicting Ordinances; providing the effective date of this Ordinance.

WHEREAS, the Regional Planning Commission on September 7, 2005, recommended approval of the proposed change in zoning classification on land located at 708 Cottonwood Street, legally described as All of Lots Two (2), Four (4), Six (6), Eight (8) and the East Twenty-Five Feet of Lot Ten (10) in Foster’s Subdivision from L1-Light Industrial to R9-Low Density Residential zone; and

WHEREAS, notice as required by law has been given of the requested change in zoning; and

WHEREAS, after causing notice of public hearing to be published in the Wood River Sunbeam as provided by law and after holding a public hearing on September 20, 2005, the City Council found and determined that the change in zoning be approved and granted.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That the following described tract of real estate located within the zoning jurisdiction of the City of Wood River, Hall County, Nebraska, to-wit:

All of Lots Two (2), Four (4), Six (6), Eight (8) and the East Twenty-Five Feet of Lot Ten (10) in Foster’s Subdivision, Hall County, Nebraska, be and the same hereby is rezoned and reclassified and changed to R9-Low Density Residential zone.

Section 2. That the official zoning map of the City of Wood River, Nebraska, be and the same hereby is ordered to be changed, amended, and completed in accordance with this Ordinance.

Section 3. That the finding and recommendation of the Regional Planning Commission is hereby accepted, adopted and made a part of this Ordinance.

Section 4. That all Ordinances and parts of Ordinances in conflict herewith are hereby amended to reclassify such above described real estate as herein ordered and determined.

Section 5. This Ordinance shall be in force and take effect from and after its passage, approval, and publication within fifteen days in one issue of the Wood River Sunbeam as provided by law.

ENACTED this ______ day of ______________________, 2005.

____________________________________
JOHN WEBSTER, Mayor
ATTEST:

____________________________________
MARLA KNECHT, City Clerk
 

ORDINANCE NO. 490

An Ordinance rezoning certain tracts of land adjacent to the corporate boundaries of the City of Wood River, Nebraska, and within the zoning jurisdiction of said City, consisting of 135.74 acres located in the North Half (N1/2) of Section Twenty-Five (25), Township Ten (10) North, Range Twelve (12), West of the 6th P.M. in Hall County, Nebraska; changing the classification of said tracts of land from transitional agricultural zone and agricultural zone to Heavy Industrial Zone; directing that said change in classification be shown on the official Zoning Map of the City of Wood River, Nebraska; repealing conflicting Ordinances; and providing the effective date of this Ordinance.

WHEREAS, the Regional Planning Commission on its regular meeting held February 1, 2006, recommended approval of the proposed rezoning of the are hereinafter described in Section 1.; and

WHEREAS, notice, as required by law, has been given to the appropriate school districts in Hall County, Nebraska; and

WHEREAS, after causing notice of a public hearing to be published in the Wood River Sunbeam as provided by law and after holding public hearing on February 7, 2006, the City Council found and determined that the change in zoning be approved and granted.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That the following tracts of real property located in Hall County, Nebraska, to-wit:
a. A tract of land located in the North Half (N1/2) of Section 25, Township 10

North, Range 12 West, Hall County, Nebraska, more particularly described as follows: Commencing at the Northeast Comer said Section 25 thence N89°59'34"W (assumed bearing) along the North line of the Northeast Quarter (NEI/4) said Section 25 a distance of 398.07 feet to the place of beginning; thence continuing N89°59'34"W along said North line a distance of 1564.37 feet to the South right of way line of the Union Pacific Railroad; thence S68°51 'Ol'W along said South line a distance of 3589.51 feet to the West line of said Section 25; thence SOOo06'49"E along said West line a distance of 357.48 feet; thence S89°58'47"E a distance of 662.71 feet; thence N80o34'38"E a distance of 2015.68 feet to the Southwest Corner of the North Half of the Northeast Quarter (N1/2NE1/4) said Section 25; thence S89°59'58"E along the South line of the North Half of the Northeast Quarter (N1/2NE1/4) said Section 25 a distance of 2652.89 feet to the Southeast Corner of said North Half of the Northeast Quarter (N1/2NE1/4); thence N00o13'56"E along the West line said Section 25 a distance of 1081.61 feet to the South line of Carter Acres Subdivision as recorded in the Hall County Register of Deeds Office as Document Number 95-107346; thence N89°57'46"W along said South line a distance of 393.07 feet to the West line of said Carter Acres Subdivision; thence N00o57'27"W along said West line a distance of 241.15 feet to the place of beginning containing 121.77 acres of which 1.27 acres contained in the East 40.00 feet and the West 33.00 feet thereof is presently being used as a public road, and

b. Lot One (1), Carter Acres Subdivision, Hall County, Nebraska. be and the same hereby are rezoned and reclassified and changed from Agricultural Zone and Transitional Agricultural Zone respectively to Heavy Industrial Zone.

_Section 2. That the official Zoning Map ofthe City of Wood River, Nebraska, be and the same hereby is ordered to be changed, amended and completed in accordance with this Ordinance.

Section 3. That the finding and recommendation of the Regional Planning Commission and the City Council in the City of Wood River, Nebraska, has hereby accepted, adopted and made a part of this Ordinance.

Section 4. That all Ordinances and parts of Ordinances in conflict herewith are hereby amended to reclassify such above described area as herein ordered and determined.

Section 5. That this Ordinance shall be in full force and take effect from and after its passage and publication within fifteen (15) days in one issue of the Wood River Sunbeam as provided by law.

ENACTED this 21st day of February, 2006.

JOHN WEBSTER, Mayor

ATTEST:
Marla Knecht, City Clerk

ORDINANCE NO. 491

An Ordinance amending Ordinance No. 472, the Wood River Zoning Ordinance, adding ethanol plants as an accessory use and as a permitted use under the Heavy Industrial District Zone; repealing any conflicting ordinances; and providing the effective date of this Ordinance.

WHEREAS, the Regional Planning Commission at a meeting held February 1, 2006, recommended proposed amendments to the Zoning Ordinance of Wood River, Nebraska;

WHEREAS, notice, as required by law, has been given to the necessary school districts in Hall County, Nebraska; and

WHEREAS, after causing notice of a public hearing to be published in the Wood River Sunbeam as provided by law, and after holding the public hearing on February 7, 2006, the Wood River City Council and determined that the following changes and additions be made to the Wood River Zoning Ordinance.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 5.14.02 of the Wood River Zoning Ordinance be amended to read as follows:
5.14.02 PERMITTED USES:
1. . Assembly, fabrication and processing of products inside an enclosed building, except hazardous or combustible materials.
2. Manufacture and assembly of electrical and electronic appliances.
3. Manufacturing, compounding, processing, packaging, or treatment of articles or merchandise from previously prepared materials.
4. Manufacture of light sheet metal products including heating and ventilation equipment.
5. Public local distribution and main transmission utilities.
6. Warehouses and wholesale businesses.
7. Building materials yards with enclosed and screened storage areas.
8. Highway maintenance yards and buildings.
9. Self storage units.
10. Grain storage.
11. Fann implement sales and service.
12. Auto body repair and shops.
13. Construction and heavy equipment sales and service.
14. Ethanol plants and accessory uses.
Section 2. That the findings and recommendations of the Regional Planning
Commission and the City Council ofthe City of Wood River, Nebraska, are hereby accepted, adopted and made a part of this Ordinance.
Section 3. That all Ordinances and parts of ordinances in conflict herewith are hereby amended to provide for the above described amendments to Wood River Zoning Ordinance, Ordinance No. 472.
Section 4. That this Ordinance shall be in force and take effect upon its passage
and publication as provided by law.
ENACTED this 21st day of Februray, 2006.

John Webster, Mayor

ATTEST:
Marla Knecht, City Clerk
ENACTED this 21 st dT:

Prepared: 2-6-06/W AF/sis Wood River/Ordinance3 2-7-06
 

­Ordinance #489

Meeting of the City Council of the City of Wood River, Nebraska, was held at the City Hall in said City on the 17th of January, 2006, at 7:00 o’clock p.m. Present were: Council Members:
Dvorak, Krolikowski,Cramer,Yilk,Soto,and Voss, Absent: none.

Notice of the meeting was given in advance thereof by the designated method for giving notice, as shown by the Affidavit of Publication attached to these minutes. Notice of the meeting was given to the City Council. Availability of the agenda was communicated in the advance notice and in the notice to the City Council. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.

Council Member Dvorak introduced Ordinance No.4 8 9 entitled:

Ordinance No.4 8 9

AN ORDINANCE OF THE CITY OF WOOD RIVER, NEBRASKA, CREATING THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF WOOD RIVER, PROVIDING THAT THE MAYOR OF THE CITY OF WOOD RIVER, NEBRASKA IS AUTHORIZED AND DIRECTED TO IMPLEMENT THE ORDINANCE, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM.

and moved that the statutory rule requiring reading on three different days be suspended. Council Member Voss seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting YEA: Dvorak, Krolikowski, Cramer, Yilk, Soto, and Voss. Members voting NAY: None.

The motion to suspend the rules was adopted by three fourths of the Council and the statutory rule was declared suspended for consideration of the Ordinance.

The Ordinance was then read by title and thereafter Council Member Cramer moved for final passage of the Ordinance which motion was seconded by Member Krolikowski. The Mayor then stated the question was "Shall Ordinance Number 489 be passed and adopted?" Upon roll call, the following Council Members voted YEA: Dvorak, Krolikowski, Cramer, Yilk, Soto and Voss. The following voted NAY:None.

The passage and adoption of said Ordinance having been concurred and by a majority of all Members of the City Council, the Mayor declared the Ordinance adopted and in the presence of the Council, signed and approved the Ordinance and the Clerk attested the passage and approval of the same and affixed her signature thereto and ordered the Ordinance to be published in pamphlet form as provided therein. A true, correct and complete copy of said Ordinance is as follows:

AN ORDINANCE OF THE CITY OF WOOD RIVER,  NEBRASKA, CREATING THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF WOOD RIVER, PROVIDING THAT THE MAYOR OF THE CITY OF WOOD RIVER, NEBRASKA IS AUTHORIZED AND DIRECTED TO IMPLEMENT THE ORDINANCE, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED

by the City Council of the City of Wood River, Nebraska.

1. The City hereby creates the "Community Development Agency of the City of Wood River, Nebraska," with all rights and obligations provided for Community Development Agencies in the Nebraska Community Redevelopment Law, Neb. Rev. Stat. § 18-2101 et. seq. (the "Act"). The Agency shall consist of the Mayor and City Council.
2. The Agency hereby created shall function under the direction of the Mayor and City Council and shall exercise the powers herein described or referred to and as determined by resolution or ordinance duly adopted from time to time by the Agency.
3. The Mayor of the City of Wood River, Nebraska, is hereby authorized and directed to implement this Ordinance.
4. The Agency shall exercise all rights and powers granted to Community DevelopmentAgencies pursuant to the Act.
5. This Ordinance shall be published in pamphlet form and shall take effect and be in full force and effect from and after its passage, approval and publication as provided by law.

6. All provisions of any prior ordinance of the City of Wood River in conflict herewith are hereby repealed.

PASSED AND APPROVED this 17th day of January, 2006.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk
 

ORDINANCE NO.493

An Ordinance of the City of Wood River, Nebraska, to amend Section 3-114 of the Wood River Municipal code, to provide for a method of conserving the municipal water supply; adopting rules: and regulations for restrictive use of the water system for fountains or for sprinkling yards, lawns and gardens; authorizing the Mayor to declare a water emergency and restrict water use in the event of a threat to public safety; to provide for a turn-off of a customer's water supply in the event of violation of the rules and regulations or for failure to pay water charges; and to provide for a re-connection fee. .

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 3-114 of the Wood River Municipal Code is hereby amended to read as follows:

“3-114 - MUNICIPAL WATER DEPARTMENT; RESTRICTED USE; RIGHT OF CITY TO SHUT OFF WATER; RIGHT OF CHARGING A RE-CONNECTION FEE. The City Council of the City of Wood River, Nebraska, recognizing the need and desirability of conserving the municipal water supply, hereby adopts the following restrictions for the use of water from the municipal water system for fountains, or for sprinkling yards, lawns and gardens:

A. From and after the effective date of this Ordinance, residents residing within the municipality whose house-street numbers end in an odd number shall be allowed to use the municipal water supply for the purpose of fountains, sprinkling yards, lawns and gardens only on odd-number days of the month from 5:00 A.M. to 10:00 A.M. and between 5:00 P.M. and 10:00 P.M.

B. From and after the effective date of this Ordinance, residents whose house-street numbers end in an even number shall be allowed to use the municipal water supply for the purposes of fountains, sprinkling yards, lawns and gardens only on even-number days of the month from 5:00 A.M. to 10:00 A.M. and between 5:00 P.M. and 10:00 P.M.

C. In the event of a violation of the above rules and regulations by a patron of the municipal water patron of the municipal water supply system, the City Council may direct the City Clerk to give a warning letter to the violator; subsequent violations may result in the City Council directing the municipal utility superintendent to shut off the water supply to the violator. In the event that the municipal water system is shot off to the patron, a re-connect fee of $100 must be paid to the Wood River City Clerk for deposit to the benefit of the City Water Department accounts. The re-connect fee shall be non-refundable.

D. The City Council hereby authorizes the Mayor to declare a water emergency in the event the City water supply becomes a threat to public safety, during which water emergency all outside watering shall be suspended or restricted by proclamation of the Mayor.

The City may shut off the water supply at any time, from any or all premises, to make repairs or extensions or connections, or for violations of this chapter, or for failure to pay water charges. No claim for damages shall be made against the City or utility superintendent on account of any such shut off or on account of failure of the water supply from any cause."

Section 2. That the previously existing Section 3-114 of the Wood River Municipal Code is hereby repealed.
Section 3. Thcit the Wood River. City. Clerk is authorized to remit the re-connect fee to the Water Department and is further authorized to charge the re-connection fee to any household or ­patron of the municipal water supply system whose service has been shut off for violation of the use restrictions of this Ordinance.
Section 4.This.Ordinance shall be in full force and effect upon its passage and publication as provided by law.
Passed and approved by the City Council of the City of River, Nebraska, the 2nd day May, 2006.


John Webster, Mayor

Attest:
Marla Knecht, City Clerk

 

ORDINANCE NO. 494

AN ORDINANCE TO ADOPT SEXUAL PREDATOR. RESIDENCY RESTRICTIONS; TO PROHIBIT CERTAIN PERSONS SUBJECT TO THE SEX OFFENDER REGISTRATION ACT AND DEFINED AS SEXUAL PREDATORS FROM RESIDING IN CERTAIN AREAS WITHIN THE CITY; TO ESTABLISH PENALTIES FOR A VIOLATION; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, HALL COUNTY, NEBRASKA:

Section 1. follows: A new Section of the Municipal Code of Wood River, Nebraska, is as

Findings and Intent.
A. The Nebraska Legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons' place of residency as provided in the Sexual Predator Residency Restriction Act.

B. Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.

C. It is the intent of this ordinance to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.

Section 2. A new Section of the Municipal Code of Wood River, Nebraska, is as follows:

Definitions. For purposes of this ordinance:
(1) Child care facility means a facility licensed pursuant to the Child Care Licensing Act;
(2) School means a public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;
(3) Reside means to sleep, live, or dwell at a place, which may include more than one location, and may be mobile or transitory;
(4) Residence means a place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory;
(5) Sex offender means an individual who has been convicted of a crime listed in Neb. Rev. Stat. § 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and
(6) Sexual predator means an individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the Nebraska State Patrol under Neb. Rev. Stat. § 29-4013, and who has victimized a person eighteen years of age or younger.

Section 3. A new Section of the Municipal Code of Wood River, Nebraska is as follows:

Sexual Predator Residency Restrictions; Penalties; Exceptions.

A. PROHIBITED LOCATION OF RESIDENCE. It is unlawful for any sexual predator to reside within five hundred feet from a school or childcare facility.

B. MEASURE OF DISTANCE. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.

C. PENALTIES. A person who violates this section shall be punished as provided generally in the code.

D. EXCEPTIONS. This ordinance shall not apply to a sexual predator who:

(1) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision; . .
(2) Established a residence before July I, 2006, and has not moved nom that residence; or
(3) Established a residence after July 1, 2006, and the school or childcare facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.

Section 4. Wood River Municipal Code and any other ordinance or section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with its provisions are repealed.

_Section 5. This ordinance shall take effect and be in full force :trom and after its passage, approval, and publication as required by law.


PASSED AND APPROVED this 1 2 th day of July, 2006.

John Webster, Mayor

Attest:
Marla Knecht, City Clerk

 

ORDINANCE NO. 495

An Ordinance of the City of Wood River, Nebraska, to amend Section 6-318 of the Wood River Municipal Code, to prohibit discharge of firearms within the municipality; adopting acceptations to said prohibition; to repeal afflicting ordinances; to provide an effective date.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That Section 6-318 of the Wood River Municipal Code is hereby amended to read as follows:
"§ 6-318. MISDEMEANORS; DISCHARGE OF FIREARMS.

Section 1. It shall be unlawful for any person, except an officer of the law in the discharge of his or her official duty, to fire or discharge any gun, pistol, or other fowling piece within the municipality; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the governing body, nor shall this Section be construed to apply to the discharge of a firearm within an enclosed, underground or indoor range specifically designed for discharge of firearms for target practice or scientific testing.

Section 2. That the previously existing Section 6-318 of the Wood River Municipal Code is hereby repealed.

Section 3. That this Ordinance shall be in full force and effect upon its passage and publication as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 22nd day of August, 2006.
John Webster, Mayor
ATTEST:
Marla Knecht, City Clerk
Wood River/Ordinance 8-22-06
 

ORDINANCE NO. 496

WOOD RIVER, HALL COUNTY, NEBRASKA

An Ordinance of the City of Wood River, Nebraska, to provide a minimum rate for Emergency Medical Services delivered by the Fire Department and Emergency Medical Technicians; to provide for the repeal of conflicting ordinances or sections; to provide for an effective date; to create Section 3-311 of Municipal Code.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1.
"§ 3-311. MUNICIPAL FIRE DEPARTMENT; EMERGENCY MEDICAL SERVICES FEES AND BILLING.
All persons utilizing the Emergency Medical Services provided through the Municipal Fire Department shall be liable for the following minimum rates:

Classification Description Minimum Service Charge
        A0425 Mileage $12.50
        A0428 BLS Non $365.00
        A0429 BLS $475.00
        A0426 ALS NON $475.00
        A0427 ALS $635.00
        A0433 ALS 2 $730.00
        A0434 SCT $765.00
        Paramedic Intercept $135.00
        Treat No Transport $100.00

Section 2. The above rates are to become effective for services provided as of October 1, 2006.
Section 3. That all Ordinances or portions of the Wood River Municipal Code in conflict with this Ordinance are hereby repealed.
Section 4. That this Ordinance shall be in full force and effect on October 1, 2006 as provided by law.

Passed and approved by the City Council of the City of Wood River, Nebraska, the 19th day of September,2006.

John Webster, Mayor
Attest:
Marla Knecht, City Clerk

 

ORDINANCE NO. 490

An Ordinance rezoning certain tracts of land adjacent to the corporate boundaries of the City of Wood River, Nebraska, and within the zoning jurisdiction of said City, consisting of 135.74 acres located in the North Half (N1/2) of Section Twenty-Five (25), Township Ten (10) North, Range Twelve (12), West of the 6th P.M. in Hall County, Nebraska; changing the classification of said tracts of land from transitional agricultural zone and agricultural zone to Heavy Industrial Zone; directing that said change in classification be shown on the official Zoning Map of the City of Wood River, Nebraska; repealing conflicting Ordinances; and providing the effective date of this Ordinance. WHEREAS, the Regional Planning Commission on its regular meeting held February 1, 2006, recommended approval of the proposed rezoning of the are hereinafter described in Section 1.; and

WHEREAS, notice, as required by law, has been given to the appropriate school districts in Hall County, Nebraska; and

WHEREAS, after causing notice of a public hearing to be published in the Wood River Sunbeam as provided by law and after holding public hearing on February 7, 2006, the City Council found and determined that the change in zoning be approved and granted.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. That the following tracts of real property located in Hall County, Nebraska, to-wit:

a. A tract of land located in the North Half (N1/2) of Section 25, Township 10 North, Range 12 West, Hall County, Nebraska, more particularly described as follows: Commencing at the Northeast Corner said Section 25 thence N89°59’34”W (assumed bearing) along the North line of the Northeast Quarter (NE1/4) said Section 25 a distance of 398.07 feet to the place of beginning; thence continuing N89°59’34”W along said North line a distance of 1564.37 feet to the South right of way line of the Union Pacific Railroad; thence S68°51’01’W along said South line a distance of 3589.51 feet to the West line of said Section 25; thence S00°06’49”E along said West line a distance of 357.48 feet; thence S89°58’47”E a distance of 662.71 feet; thence N80°34’38”E a distance of 2015.68 feet to the Southwest Corner of the North Half of the Northeast Quarter (N1/2NE1/4) said Section 25; thence S89°59’58”E along the South line of the North Half of the Northeast Quarter (N1/2NE1/4) said Section 25 a distance of 2652.89 feet to the Southeast Corner of said North Half of the Northeast Quarter (N1/2NE1/4); thence N00°13’56”E along the West line said Section 25 a distance of 1081.61 feet to the South line of Carter Acres Subdivision as recorded in the Hall County Register of Deeds Office as Document Number 95-107346; thence N89°57’46”W along said South line a distance of 393.07 feet to the West line of said Carter Acres Subdivision; thence N00°57’27”W along said West line a distance of 241.15 feet to the place of beginning containing 121.77 acres of which 1.27 acres contained in the East 40.00 feet and the West 33.00 feet thereof is presently being used as a public road, and

b. Lot One (1), Carter Acres Subdivision, Hall County, Nebraska.

be and the same hereby are rezoned and reclassified and changed from Agricultural Zone and Transitional Agricultural Zone respectively to Heavy Industrial Zone.

Section 2. That the official Zoning Map of the City of Wood River, Nebraska, be and the same hereby is ordered to be changed, amended and completed in accordance with this Ordinance.

Section 3. That the finding and recommendation of the Regional Planning Commission and the City Council in the City of Wood River, Nebraska, has hereby accepted, adopted and made a part of this Ordinance.

Section 4. That all Ordinances and parts of Ordinances in conflict herewith are hereby amended to reclassify such above described area as herein ordered and determined.

Section 5. That this Ordinance shall be in full force and take effect from and after its passage and publication within fifteen (15) days in one issue of the Wood River Sunbeam as provided by law.

ENACTED this __21st___ day of February, 2006.
JOHN WEBSTER, Mayor
ATTEST:
MARLA KNECHT, City Clerk

ORDINANCE NO. __492

An Ordinance of the City of Wood River, Nebraska, to extend the boundaries and include within the corporate limits of, and to annex to the City of Wood River, Nebraska, certain territory line contiguous to the corporate limits of the City located in the Southeast Quarter (SE1/4) of Section Twenty-Four (24) and the North Half (N1/2) of Section Twenty-Five (25), Township Ten (10) North, Range Twelve (12) West, Hall County, Nebraska; to provide for service benefits thereto; to provide severability; and to confirm the zoning classification thereof.

WHEREAS, the majority of the owners and inhabitants of certain tracts contiguous to the City have petitioned the City to approve an accurate plat of certain territory to be annexed to the City of Wood River, Nebraska, pursuant to Section 17-405 R.R.S. Neb., and

WHEREAS, the Hall County Regional Planning Commission at a meeting held February 1, 2006, conducted a public hearing regarding said request for approval of plat and annexation and after said public hearing recommended approval of the proposed plat and annexation.

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF WOOD RIVER, NEBRASKA, AS FOLLOWS:

Section 1. It is hereby found and determined by such City Council that:

a. A tract of land in the Southeast Quarter (SE1/4) of Section Twenty-Four (24) and the North Half (N1/2) of Section Twenty-Five (25), Township Ten (10) North, Range Twelve (12) West, Hall County, Nebraska, more particularly described as follows: Commencing at the Southeast Corner said Southeast Quarter (SE1/4) Section Twenty-Four (24) and place of beginning, thence N00°00’00”E (assumed bearing) along the East line said Southeast Quarter (SE1/4) a distance of 526.13 feet; thence S89°58’42”W a distance 132.98 feet; thence N00°00’55”W a distance of 74.69 feet to the South Right-of-Way line of Union Pacific Railroad; thence S685101W along said Right-of-Way line a distance of 1664.49 feet to the North line of said Section Twenty-Five (25); thence N89°59’34”W along said North line a distance of 277.07 feet to the South Right-of-Way line of the Union Pacific Railroad; thence S68°51’01”W along said South line a distance of 3589.51 feet to the West line of said Section Twenty-Five (25); thence S00°06’49”E along said West line a distance of 357.48 feet; thence S89°58’47”E a distance of 662.71 feet; thence N80°24’33”E a distance of 2016.68 feet; thence S89°59’58”E a distance of 2652.91 feet to the East line of said North Half of the Northeast Quarter (N1/2NE1/4); thence N00°13’56”E along the East line said Section Twenty-Five (25) a distance of 1316.62 feet to the place of beginning containing 135.74 acres has been platted as Cargill Addition Lots One (1) and Two (2) and that said area is urban and suburban in character and adjacent to the corporate limits of the City of Wood River;

b. Police, fire, and snow removal benefits are available thereto, city water service, and city sewer service will be available as provided by law;

c. The zoning classification of such land as shown on the official zoning map of the City of Wood River, Nebraska, is hereby confirmed;

d. There is a unity of interest in the use of such tracts of land with the use of lots, lands, streets and highways in the City, and the community convenience and welfare and the interest of such City will be enhanced through incorporating such lands within the corporate limits of the City of Wood River.

Section 2. That the boundaries of the City of Wood River, Nebraska, be and hereby are extended to include within the corporate limits of such City the contiguous and adjacent tracts of land identified in Section 1 hereof and platted as Lot One (1) and Lot Two (2), Cargill Addition to the City of Wood River, Hall County, Nebraska.

Section 3. That such tract of land and streets are hereby annexed to the City of Wood River, Hall County, Nebraska.

Section 4. Upon the taking effect of this Ordinance, the police, fire and snow removal services of such City shall be furnished to the tracts of land and streets herein annexed, and the city water services and the city sewer services will be available to said tracts as provided by law.

Section 5. If any Section, subsection, sentence, clause or phrase of this Ordinance or the annexation of any tract of land or street by this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance, nor affect the validity of the annexation of other tracts of land or streets by this Ordinance, since it is the express intent of the Mayor and City Council to enact each Section, subsection, clause or phrase separately, and to annex each tract of land separately.

Section 6. This Ordinance shall be in force and take effect from and after its passage, approval and publication within fifteen (15) days in an issue of the Wood River Sunbeam provided the final plat of said annexed territory has been approved and signed and filed of record in the office of the Register of Deeds of Hall County, Nebraska, as provided by law.

Section 7. That a certified copy of this Ordinance, together with a drawing of such tract of land, be filed for record in the Office of the Hall County Register of Deeds upon passage of this Ordinance.

ENACTED the __21st___ day of February, 2006.

JOHN WEBSTER, Mayor
ATTEST:
MARLA KNECHT, City Clerk