SPECIAL ORDINANCES
1. FRANCHISES
2. COMMUNITY DEVELOPMENT AGENGY ORDINANCE
3. WATER
DROUGHT/EMERGENCY ORDINANCE
4. ANNEXING
PROPERTY ORDINANCE
5. SEXUAL PREDATOR RESIDENCY
RESTRICTIONS
§ FRANCHISES
The City Council has granted to the United
Telephone Company, Inc. the authority to maintain and operate a telephone
system within the municipality. Actual details of the agreement, and the
present telephone rates, charges, and fees are
available at the Municipal Clerk’s office.
(Neb. RS 17-525) (`88 Code, § 10-401)
The City Council has granted to the Midwest Cable
T.V., Inc. the authority to maintain, and operate a cable television station,
and transmitting system in the municipality. Actual details of the agreement
and the charges, rates, and fees are available at the Municipal Clerk's office.
(Neb. RS 18-2201 et seq.) (`88 Code, § 10-402)
The City Council has granted to the
Kansas-Nebraska Natural Gas Company, Inc. the authority to construct, maintain,
and operate a gas transmission, and distribution system within the
municipality. Actual details of the
agreement, and the present gas rates, charges, and
fees are available at the Municipal Clerk's office.
(Neb. RS 17-528.02) (`88 Code, § 10-403)
§ ORDINANCE
490; COMMUNITY DEVELOPMENT AGENCY
An ordinance providing for the creation of a
community development agency; providing that the mayor and council of the city
of Chappell, Nebraska shall act as said agency; providing for the powers and
authority of such agency; and providing the effective date thereof.
Section 1: There is
hereby created a community development agency, which agency shall be known as
the City of Chappell Community Development Agency.
Section 2: Such
agency shall consist of the Mayor and Council of the City of Chappell,
Nebraska.
Section 3: Such
agency shall function in a manner prescribed in this Ordinance, and may
exercise all of the power and authority granted to a community redevelopment
authority pursuant to Sections 18-2101 to 18-2144 and Sections 18-2147 to
18-2154 of the statutes of the State of Nebraska.
Section 4: The
purpose for which said agency is formed will be to formulate for the City of
Chappell, a workable program for utilizing appropriate, private and public
resources, to eliminate or prevent the development or spread of urban blight,
to encourage needed urban rehabilitation, to provide for the redevelopment of
substandard and blighted areas, or to undertake such of the aforesaid
activities, or other feasible municipal activities as may be suitably employed
to achieve the objectives of such workable program. Such workable program may
include, without limitation, provision for the prevention of the spread of
blight into areas of the municipality which are free from blight through
diligent enforcement of housing, zoning and occupancy controls and standards;
the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion,
providing parks, playgrounds, and other public improvements by encouraging
voluntary rehabilitation and by compelling the repair and rehabilitation of
deteriorating structures; and the clearance and redevelopment of substandard
and blighted areas or portions thereof.
Section
5: No member or employee of the Chappell Community Development Agency shall
voluntarily acquire any interest, direct or indirect, in any redevelopment
project or in any property included or planned by the agency to be included in
any project or in any contract or proposed contract in connection with such
project. Where
the acquisition is not voluntary, such member or employee shall immediately
disclose such interest in writing to the Agency and such disclosure shall be
entered into the minutes of the Agency. If any member or employee of the agency
presently owns or controls or owned or controlled within the preceding two (2)
years, an interest, direct or indirect, in any property, included or planned by
the Agency to be included in any redevelopment project, they shall immediately
disclose such interest in writing to the Agency and such disclosure shall be
entered upon the minutes of the Agency. Upon such disclosure, such member or
employee of the Agency shall not participate in any action by the Agency
affecting such property.
Section 6: Any
Ordinance or part of any ordinance of the City of Chappell, Nebraska, in
conflict with this Ordinance is hereby repealed, and should any part or
sections of this Ordinance be declared void and unenforceable, such declaration
shall not render any other part void and unenforceable.
(Ord.
490 passed 1-17-05)
§
ORDINANCE 497; WATER DROUGHT/EMERGENCY ORDINANCE.
An ordinance authorizing the adoption of a drought emergency contingency plan
to establish declaration of a water watch, warning, or emergency; establishing
procedures and voluntary and mandatory water conservation measures; authorizing
the issuance of administrative regulations; and prescribing certain penalties;
and to repeal prior and conflicting provisions.
Section 1. Purpose. The purpose of this ordinance is to provide
for the declaration of a water supply watch, warning, or emergency, and the
implementation of voluntary and mandatory water conservation measures
throughout the city in the event such a watch, warning, or emergency is
declared.
Section 2. General
Definitions:
a)
“Water”
as the term is used in this ordinance shall mean water available to the City of
Chappell for treatment by virtue of its water rights or any treated water
introduced by the City into its water distribution system, including water
offered for sale at any coin-operated site.
b)
“Customer”
as the term is used in this ordinance shall mean the customer of record using
water for any purpose from the City’s water distribution system and for which
either a regular charge is made or, in the case of coin sales, a cash charge is
made at the site of delivery.
c)
“Waste
of water,” as the term is used in this ordinance, includes, but is not limited
to: (1) permitting water to escape down a gutter, ditch, or other surface
drain; or (2) failure to repair a controllable leak of water due to defective
plumbing.
d)
The
“Classes” of uses of water are defined as follows:
Class 1:
Water used for outdoor watering; either
public or private, for gardens, lawns, trees, shrubs, plants, parks, golf
courses, playing fields, swimming pools or other recreational areas; or the
washing of motor vehicles, boats, trailers, or the exterior of any building or
structure.
Class 2:
Water used for any commercial or
industrial, including agricultural, purposes; except water actually necessary
to maintain the health and personal hygiene of bona fide employees while such
employees are engaged in the performance of their duties at their place of
employment.
Class 3:
Water used for domestic purposes, other
than those uses which would be included in either Class 1 or 2.
Class 4:
Water necessary
only to sustain human life and the lives of domestic pets and maintain
standards of hygiene and sanitation.
Section 2. Definitions
of Water Stages:
STAGE ONE: WATER WATCH
Whenever the governing body of the City
finds that conditions indicate that the probability of a drought or some other
condition causing a major water supply shortage is rising, it shall be
empowered to declare, by resolution, that a water watch exists and that it
shall take steps to inform the public and ask for voluntary reductions in water
use. Such a watch shall be deemed to continue until it is declared by
resolution of the governing body to have ended. The resolutions declaring the
existence and end of a water watch shall be effective upon their publication in
the official city newspaper.
This stage is triggered by any one of
the following conditions:
GOALS: The goals of this stage are to
heighten awareness of the public of the water conditions and to maintain the
integrity of the system.
EDUCATION ACTIONS:
MANAGEMENT ACTIONS:
STAGE TWO: WATER WARNING
Whenever the governing body of the City
finds that drought conditions or some other condition causing a major water
supply shortage are present and supplies are starting to decline, it shall be
empowered to declare by resolution that a water warning exists and that it will
recommend restrictions on nonessential uses during the period of warning. Such
a warning shall be deemed to continue until it is declared by resolution of the
governing body to have ended. The resolutions declaring the beginning and
ending of the water warning shall be effective upon their publication in the
official City newspaper.
This stage is triggered by any one of
the following conditions:
GOALS: The goals of this stage are to
reduce peak demands by twenty percent (20%) and to reduce overall weekly
consumption by ten percent (10%).
EDUCATION ACTIONS:
MANAGEMENT ACTIONS:
REGULATION ACTIONS: In addition to the regulation actions under STAGE ONE, the
following regulatory authority may be exercised by the Mayor or City
Administrator, following approval of the governing body of the City of
Chappell, Nebraska:
STAGE THREE: WATER EMERGENCY
Whenever the governing body of the City
finds that an emergency exists by reason of a shortage of water supply needed
for essential uses, it shall be empowered to declare by resolution that a water
supply emergency exists and that it will impose mandatory restrictions on water
use during the period of the emergency. Such an emergency shall be deemed to
continue until it is declared by resolution of the governing body to have
ended. The resolutions declaring the existence and end of a water supply
emergency shall be effective upon their publication in the official City
newspaper.
This stage is triggered by any one of
the following conditions:
GOALS: The goals of this stage are to
reduce peak demands by fifty percent (50%) and to reduce overall consumption by
twenty-five percent (25%).
EDUCATION ACTIONS:
MANAGEMENT ACTIONS:
REGULATION ACTIONS: In addition to the regulation actions available under STAGE
TWO, the following regulatory authority may be exercised by the Chairman of the
Board;
Section 4. Voluntary Conservation
Measures. Upon the declaration of a water watch or water warning as
provided in STAGE ONE and STAGE TWO, the Mayor or the City Administrator is
authorized to call on all water consumers to employ voluntary water
conservation measures to limit or eliminate nonessential water uses including,
but not limited to, limitations on the following uses:
a)
Sprinkling
of water on lawns, shrubs or trees (including golf courses).
b)
Washing
of automobiles, trucks, and recreations vehicles.
c)
Use
of water in swimming pools, fountains and evaporative air conditioning systems.
d)
Waste
of water.
Section 5. Mandatory Conservation
Measures. Upon the declaration of a water supply emergency as
provided in STAGE THREE, the Mayor or the City Administrator is authorized to
implement certain mandatory water conservation measures, including, but not
limited to, the following:
a)
Suspension
of new connections to the City’s water distribution system, except connections
of fire hydrants and those made pursuant to agreements entered into by the City
prior to the effective date of the declaration of the emergency;
b)
Restrictions
on the uses of water in one or more classes of water use, wholly or in part;
c)
Restrictions
on the sales of water at coin-operated facilities or sites;
d)
The
imposition of water rationing based on any reasonable formula including, but
not limited to, the percentage of normal use and per capita or per consumer
restrictions;
e)
Complete
or partial bans on the waste of water; and
f)
Any
combination of the foregoing measures.
Section 6. Emergency Water Rates.
Upon the declaration of a water supply emergency as provided in STAGE THREE,
the governing body of the City shall have the power to adopt emergency water
rates by ordinance designed to conserve water supplies. Such emergency rates
may provide for, but are not limited to:
a)
Higher
charges for increasing usage per unit of use (increasing block rates);
b)
Uniform
charges for water usage per unit of use (uniform unit rate); or
c)
Extra
charges in excess of a specified level of water use (excess demand surcharge).
Section 7. Regulations.
During the effective period of any water supply emergency as provided for in
STAGE THREE, the Mayor, City Administrator, or Water Superintendent is
empowered to promulgate such regulations as may be necessary to carry out the
provisions of this ordinance, any water supply emergency resolution, or
emergency water rate ordinance. Such regulations shall be subject to the
approval of the governing body at its next regular or special meeting.
Section 8. Violations, Disconnections, and Penalties. If the
Mayor, City Administrator, Water Superintendent, or other city official or
officials charged with implementation and enforcement of this ordinance or a
water supply emergency resolution learn of any violation of any water use
restrictions imposed pursuant to Sections 5 or 7 of this ordinance, a written
notice of the violation shall be affixed to the property where the violation
occurred and the customer of record any other person known to the City who is
responsible for the violation or its correction shall be provided with either
actual or mailed notice. Said notice shall describe the violation and order
that it be corrected, cured, or abated immediately or within such specified
time as the City determines is reasonable under the circumstances. If the order
is not complied with, the City may terminate water service to the customer
subject to the following procedures:
a)
The
City shall give the customer notice by mail or actual notice that water service
will be discontinued within a specified time due to the violation and that the
customer will have the opportunity to appeal the termination by requesting a
hearing scheduled before the City governing body or a city official designated
as a hearing officer by the governing body;
b)
If
such a hearing is requested by the customer charged with the violation, he or
she shall be given a full opportunity to be heard before termination is
ordered; and
c)
The
governing body or hearing officer shall make findings of fact and order whether
service should continue or be terminated.
1.
A
fee of FIFTY DOLLARS ($50.00) shall be paid for the reconnection of any water
service terminated pursuant to Section 8. In the event of subsequent
violations, the reconnection fee shall be TWO HUNDRED DOLLARS ($200.00) for the
second reconnection and THREE HUNDRED DOLLARS ($300.00) for any additional
reconnections.
2.
Violations
of this ordinance shall be a municipal offense and may be prosecuted in County
Court. Any person so charged and found guilty in County Court of violating the
provisions of this ordinance shall be guilty of a municipal offense. Each day’s
violation shall constitute a separate offense. The penalty for an initial
violation shall be a mandatory fine of ONE HUNDRED DOLLARS ($100.00). In
addition, such customer may be required by the Court to serve a definite term
of confinement in the county jail which shall be fixed by the Court and which
shall not exceed thirty (30) days. The penalty for a second or subsequent
conviction shall be a mandatory fine of TWO HUNDRED DOLLARS ($200.00). In
addition, such customer shall serve a definite term of confinement in the
county jail which shall be fixed by the Court and which shall not exceed thirty
(30) days.
Section 9. Emergency Termination.
Nothing in this ordinance shall limit the ability of any properly authorized
city official from terminating the supply of water to any or all customers upon
the determination of such city official that emergency termination of water
service is required to protect the health and safety of the public.
Section 10. Severability. If any provision of this ordinance is
declared unconstitutional, or the application thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of the
ordinance and its applicability to other persons and circumstances shall not be
affected thereby.
Section 11. This ordinance
shall become effective upon its publication in the official City newspaper.
(Ord. 497 passed 6-19-06)
§ ORDINANCE NO. 498
An ordinance adopted by the City of Chappell,
Deuel County, Nebraska annexing certain territory and incorporating the same
within corporate boundaries of the City of Chappell pursuant to the provisions
of section 17-405 Et. Seq. revised statutes of
Nebraska.
The annexation of such territory is deemed
necessary for the welfare of the residents and property owners thereof and of
this City as a whole.
Section 1. There is hereby annexed to the City of
Chappell, County of Deuel, State of Nebraska, and incorporated within the
corporate boundaries thereof, the following territory adjoining the present
corporate boundaries of the City:
A tract of land being part of the East Half of the Southeast Quarter
(E½SE¼) of Section Twenty-one (21), Township Thirteen (13) North, Range
Forty-five (45) West of the Sixth Principal Meridian, Deuel County, Nebraska,
and more particularly described as follows: Referring to the Southeast corner
of the Southeast Quarter of said Section 21 and assuming the South line of said
Southeast Quarter as bearing N 89°51’36” W and all bearings contained herein
are relative thereto; thence N 89°51’36” W and on said South line a distance of
62.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on
the Westerly right-of-way line of Nebraska State Highway No. L25A; thence N
05°32’43” E and on said Westerly right-of-way line a distance of 301.27 feet;
thence N 00°01’18” E continuing on said Westerly right-of-way line and parallel
with the East line of said Southeast Quarter a distance of 562.42 feet to the
Southerly right-of-way line of U.S. Interstate No. 80; thence N 32°25’01” W and
on said Southerly right-of-way line a distance of 557.3 feet to the point of
curvature; thence on a 1045.92 foot radius curve to the left and continuing on
said Southerly right-of-way line, forming a central angle of 32°11’16” an arc
distance of 587.6 feet to the point of tangency; thence tangent N 64°36’17” W a
distance of 139.2 feet to the point of curvature; thence on a 17013.73 foot
radius curve to the left, forming a central angle of 01°00’51” an arc distance
of 301.16 feet; thence leaving said Southerly right-of-way line S 00°30’19” W
and parallel with the West line of the East Half of the Southeast Quarter a
distance of 612.29 feet; thence S 89°29’41” E a distance of 84.94 feet; thence
S 00°30’19” W and parallel with said West line a distance of 200.0 feet; thence
N89°29’41” W a distance of 84.94 feet; thence S 00°30’19” W and parallel with
said West line a distance of 1074.19 feet to the South line of said Southeast
Quarter; thence S 89°51’36” E and on said South line a distance of 1125.54 feet
to the place of beginning. Containing 39.73 acres, more or
less.
The East 300 Ft. of Section 21, T13N, R45W of
the 6th P.M., Deuel County, Nebraska, located North of U.S.
Interstate No. 80 Right of Way.
The East 300 Ft. of the SE1/4 of Section 16,
T13N, R45W of the 6th P.M., Deuel County, Nebraska, located South of the Southerly right of way line of the Union
Pacific Railroad Company.
Section 2. The corporate limits of the City of Chappell are
hereby extended and increased so as to include and embrace within the corporate
limits of the City of Chappell, the territory described in Section 1 hereof,
and such territory is hereby declared to be a part of the City of Chappell.
Section 3. The map attached to this ordinance is an
accurate map of the territory annexed, and such map is hereby adopted as the
official map of the territory annexed, and the Mayor of the City of Chappell is
hereby authorized and directed to certify that the map is an accurate map of
the territory annexed under the provisions of this ordinance, and to record in
the office of the County Clerk, County of Deuel, State of Nebraska, this
ordinance together with a certified copy of the official map attached.
Section 4. That this ordinance shall be in full force
and take effect from and after its passage, approval and publication or posting
according to law.
(Ord.
498 passed 9-18-06)
§ SEXUAL
PREDATOR RESIDENCY RESTRICTIONS.
DEFINITIONS.
For the purpose of this ordinance,
the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
CHILD
CARE FACILITY. A place with a license issued under the Nebraska Child
(Care Licensing Act, sections 71-1908
to 71-1923, as currently existing or hereafter amended. It shall include licensed places both inside
and outside the corporate limits of the City.)
SEX
OFFENDER. An individual who has been convicted of a crime listed in Neb.
Rev. Stat. Section 29-4003 and who is required to register
as a sex offender
pursuant to the Sex Offender Registration Act or any person convicted under the
law of another state if, at the time of the conviction under the law of such
other state, the offense for which the person was convicted would have required
registration under the Nebraska Sex Offender Registration Act, if the
conviction occurred in Nebraska.
SEXUAL
PREDATOR.
An individual who is required to
register under the State of Nebraska’s Sex Offender Registration Act, who is
classified as Level 3 as determined by the Nebraska State Patrol under Neb.
Rev. Stat. Section 29-4013, which is the classification of those registrants
with a high risk of recidivism and who has victimized a person who was eighteen
years of age or younger in the past.
RESIDENCE.
A place where the person regularly
sleeps, where the person has established his or her home, where he or she is
habitually present or to which when he or she departs he or she intends to or
does regularly return. A residence may
include more than one location and may be mobile or transitory. Residency may be shown by, among other
evidence, receipt of mail at the premises or identification of the premises as
a residence on a driver’s license, vehicle registration or other document, such
as utility or other service billings.
SCHOOL.
A public, private, denominational or
parochial school which meets the requirements for accreditation or approval
prescribed by the State of Nebraska, pursuant to Nebraska Revised Statute
Chapter 79, and which has or includes any or all grades kindergarten through 12th
grade.
Sex Offender Residence Prohibitions;
Exceptions and Penalties.
(A) Prohibited location of residence of
sexual predator. It shall be unlawful
for any sexual predator, as defined in the previous Section, to reside within
five hundred (500) feet of a school or child care facility.
(B) Measurement of distance. For purposes of determining the minimum
distance separation, the requirement shall be measured by following a straight
line from the outer property line of the permanent residence or temporary
residence to the nearest outer boundary line of a school or child care
facility.
(C)Exceptions.
A sexual predator residing within five hundred (500) feet of a school or
child care facility does not commit a violation of this Ordinance if he or she:
(1) Resides
within a prison or a correctional or treatment facility operated by the state
or a political subdivision.
(2) Established
his or her residence location prior to July 1, 2006 and has not moved from that
residence.
(3) Established
his or her residence after July 1, 2006, and the school or child care facility
triggering the restriction was established after the initial date of the sexual
predator’s
residence at that location.
(4) The
person is a minor residing with a parent.
(5) The person’s place of residence becomes a violation of this
Ordinance solely because of annexation into the City.
(6) This section does not preclude a sexual
predator deemed to be handicapped or disabled under the Fair Housing Act,
Rehabilitation Act or Americans with Disabilities Act from pursuing requests
for reasonable accommodations.
(Ord.
501, passed 3-17-08) Penalty, see § 10.99
Statutory reference:
Political subdivision restrictions
on sex offender residency; requirements, see Neb. Rev. Stat § 29-4017