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Nebraska City

City Council may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the

protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a

public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close.

A G E N D A

City Council Meeting

Jan 3, 2017 - 6:00 p.m. Call to Order

“I am required by law to inform the public that a copy of the Open Meetings Act is posted on the bulletin board to

your right. This meeting is being recorded. If you wish to speak, come to the podium, state your name and address

and speak directly towards the microphone the entire time you are addressing the governing body. Thank you”.

PLEDGE OF ALLEGIANCE

ROLL CALL

CONSENT

1. Approve minutes from the December 19, 2016 City Council Meeting

2. Accepting the report of new claims against the City and approving disposition of claims set for the

period of December 20, 2016 to January 3, 2017

3. Approve Resolution 2727-17 extension of Time Warner Cable Franchise Agreement for negotiations

on renewal.

MAYOR’S APPOINTMENTS & ANNOUNCEMENTS 4. Appointment of Marty Stovall to the Nebraska City Recreation Authority Board.

PROCLAMATIONS AND PRESENTATIONS 5. Remembrance for Community Leader Dean Handy.

PUBLIC HEARINGS 6. Public Hearing on Notice of Intent to Use City of Nebraska City Growth Funds Funds concerning the

use of $16,000 of City of Nebraska City Economic Development Program Funds to be granted to the

Nebraska City Museum Association for the purpose of providing a Museum Pass program for 2017.

NEW BUSINESS 7. Resolution 2726-17 on the use of $16,000 of City of Nebraska City Growth Funds to be granted to the

Nebraska City Museum Association for the purpose of providing a Museum Pass program for 2017.

8. Discussion/action to approve the NDED Contract for Phase I funding for the Comprehensive Development

(CD) program.

9. Consider approval of the Professional Service Agreement between the City of Nebraska City and SENDD

and authorize the Mayor to sign.

10. Discussion regarding the 1 & 6 Year Street Improvement Plan.

11. Discussion/action to consider joining the Sister Cities International Program.

12. Discussion/action on request from Unite Private Networks to Occupy Nebraska City ROW.

13. Consider approval of the new fee changes for the Steinhart Pool.

14. Ordinance 2983-17 regarding sewer connection fees.

ADJOURNMENT

Nebraska City




CITY OF NEBRASKA CITY, NEBRASKA

MINUTES OF CITY COUNCIL REGULAR MEETING

December 19, 2016

Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Nebraska City

was conducted in the William F. Davis Room at City Hall, 1409 Central Avenue, on December 19, 2016.

Notice of the meeting was given in advance thereof by posting in at least three public places, the designated

method for giving notice, as shown by the Certificate of Posting Notice attached to these minutes.

Availability of the agenda was communicated in advance to the media, Mayor and Commissioners of this

proceeding and said meeting was open to the public.

Mayor Bequette called the meeting to order at 6:00 p.m. The Mayor publicly stated to all in attendance that

a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of

such copy posted in the room where the meeting was being held. Mayor Bryan Bequette then led in the

Pledge of Allegiance. Upon roll call the following answered present: Paul Davis, Patrick Wehling, Vic

Johns, Gloria Glover and Mayor Bequette. Absent: None. The following City Officials were present: City

Administrator Grayson Path, City Attorney David Partsch, City Clerk-Treasurer Randy Dunster, Police

Chief David Lacy, Utilities Director Leroy Frana, Utilities Treasurer Jeff Kohrs, and Construction and

Facility Manager Marty Stovall.

Mayor Bequette re-appointed Marcia Smith as the Commissioner of the Nebraska City Housing Authority

Board. Upon roll call the following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette.

Voting NO: None. Motion carried.

Mayor Bequette re-appointed JoAnn Martens to the Citizens Advisory Review Committee. Upon roll call

the following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette. Voting NO: None. Motion

carried.

Mayor Bequette appointed Brenda Baumann to the Citizens Advisory Review Committee. Upon roll call

the following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette. Voting NO: None. Motion

carried.

Treasurer’s report was given, as of November 30, 2016, Total Nebraska City funds of $7,143,656.45. Total

Cash and Reserve for Nebraska City Utilities of $16,126,652.83. Total City of Nebraska City and Utility

funds $23,270,309.28.

Council acknowledged receipt of City Administrator Report. Grayson Path spoke regarding his report.

Council acknowledged receipt of Utility Financial Report for period ending October 31, 2016.

Council acknowledged receipt of Utility Claims for period ending November 30, 2016.

Moved by Mayor Bequette and seconded by Wehling to approve the minutes from the December 5, 2016

City Council Meetings. Upon roll call the following voted YES: Johns, Wehling, Glover, Davis and Mayor

Bequette. Voting NO: None. Motion carried.

Nebraska City




Moved by Commissioner Glover and seconded by Johns accepting the report of new claims against the

City and approving disposition of claims set for the period of December 6, 2016 to December 19, 2016.

Upon roll call the following voted YES: Johns, Wehling, Glover, Davis, (with abstention with claims

pertaining to West Lake Ace Hardware), and Mayor Bequette. Voting NO: None. Motion carried.

December 19, 2016 Action Technology Serv Comp 1,900.00 Loveland Grass Pad Chem 389.55 Adkins Signs Donation 160.00 Matheson Tri-Gas, Inc. Sup 37.13 Alfred Benesech Constr 7,609.06 Mercer's Do-It-Best Sup 75.16 American Recycling Garagbage 199.25 Mullenax Auto Supply Sup 29.52 Arbor Mart, Inc Fuel 895.90 Napa Auto Parts Sup 69.87 AVAC Animal Exp 294.96 Nationwide Bonds Off Bond 100.00 BC Meyer Construction Rfnd 200.00 Nationwide Invest 13,905.57 Beelner Service, Inc. Irrigation 660.00 Nationwide Trust Inv 2,146.00 Berry Adv 24.69 NC Newspress Subsc 509.68 Bill Walters & Son Shop Rep 1,133.16 Nebraska City Utilities Util 6,070.19 Bishop Plumbing & Heat Rep 605.00 NE Dept of Revenue Sls Tax 127.47 Bound Tree Medical LLC Sup 2,733.22 NE Dept of Roads Constr 26,184.26 Capital Business Sys Contr Sup/Ser 120.94 Ne Enviromental Prod Rep 285.70 Card Services Misc 925.67 NE Salt and Grain Chem 1,604.30 Cede and Co Int 1,897.50 Office Warehouse Sup 161.95 Cede and Co Int 14,832.50 Otoe County Clerk Contr Sup/Ser 4,423.46 Cede and Co Prin 90,000.00 Otoe County Court Legal 11.00 Davis, C. Rfnd 100.00 Payroll Payroll 100,067.49 Dilley, C. Rfnd 100.00 Schaulis, S. Rfnd 25.00 Douglas Tire Co. Rep 106.95 SENDD EDRLF/CDBG 15,024.72 Dunster, R. Mileage 24.48 Shell Fuel 1,759.13 Eakes Office Solutions Sup 32.41 SE Area Clerks Assoc. Dues 20.00 EMS Billing Serv. Billing Serv. 5,644.32 St. Mary's Hospital Donation 2,070.14 Gatehouse Media Adv 20.51 Lumberjack Company Stump Rem 2,800.00 Giffee, M. Rfnd 25.00 Top Quality Glove Sup 163.50 Goetz, M. Rfnd 77.00 Tree Worx Tree Service Stump Rem 470.00 Green Lamb Prop Growth Fund 5,530.66 UHC HRA 921.65 Hackett, S. Rfnd 100.00 Unifirst Corporation Contr Sup/Ser 122.76 Ideal Pure Water Sup 79.20 Verizon Tele 14.04 JEO Consulting Group CDBG 1,140.00 Westlake Ace Rep 192.77 Kubota of Omaha Rep 396.54 Williams, M. Rfnd 25.00 Landis Engine Company, Inc Rep 85.45 Windstream,Inc. Tele 1,600.54 Lawn Barber Code Comp 660.00 Windy Prairie Donation 13,600.00

Oliver Borchers-Williams and Maria Andrade presented and held a discussion regarding joining the Sister

Cities International Program. The Council recommended that City Administrator Path pursue the

paperwork and details for joining the Sister Cities International Program to present at a later date.

Nebraska City




Moved by Commissioner Davis and seconded by Mayor Bequette to approve the Bid from Yong

Construction of Valley, Nebraska in the amount of $91,200.00 for the construction of the Maplecrest

Sanitary Sewer Improvements at the recommendation of the Board of Public Works. The Utilities Director

Leroy Frana spoke to explain the request. Upon roll call the following voted YES: Johns, Wehling, Glover,

Davis and Mayor Bequette. Voting NO: None. Motion carried.

Moved by Mayor Bequette and seconded by Wehling to appoint Commissioners Wehling and Glover to

work with the staff of Prairie Fire Development Group on negotiating terms on a possible purchase

agreement for the property at the North West corner of Industrial Road and Steinhart Park Road while the

Attorney drafts a Resolution of support. Nick Jerkovich, Jerod Nook and Dan Mauk all spoke to explain the

request. Upon roll call the following voted YES: Wehling, Glover, Davis and Mayor Bequette. Abstain:

Johns. Voting NO: None. Motion carried.

Moved by Mayor Bequette and seconded by Glover to table the request from Unite Private Networks to

Occupy Nebraska City ROW until more information is acquired from the company. Upon roll call the

following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette. Voting NO: None. Motion

carried.

Moved by Commissioner Glover and seconded by Johns to approve the agreement as amended for the

Administration of the Economic Development Plan and to be signed by the Mayor. Upon roll call the

following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette. Voting NO: None. Motion

carried.

Moved by Mayor Bequette and seconded by Glover to approve Resolution 2724-16 Tax Increment

Financing fee structure with attachment A as amended. Upon roll call the following voted YES: Johns,

Wehling, Glover, Davis and Mayor Bequette. Voting NO: None. Motion carried. A true and correct copy of

said resolution is as follows:

RESOLUTION NO. 2724-16

WHEREAS, tax increment financing (“TIF”) is a state authorized public funding mechanism for cities to

use to help pay for public improvements associated with redevelopment projects in blighted and

substandard areas;

WHEREAS, Nebraska City’s purpose in utilizing TIF is to remove blight, stimulate investment in

deteriorating areas and stimulate job creation;

WHEREAS, the Nebraska Community Development Law, Neb. Rev. Stat. §§18-2101, et seq., (the “Act”)

authorizes communities to designate blighted and substandard areas that have a preponderance of

deteriorating buildings, high unemployment, old structures, unimproved land, low-income residents, and/or

a declining population along with other factors as eligible for the use of TIF.

Nebraska City




WHEREAS, the City incurs many administrative costs and fees when working with developers on TIF

projects; and,

WHEREAS, many municipalities recoup taxpayer expenses through the use of TIF fees paid by the

applicants;

THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF NEBRASKA

CITY, NEBRASKA:

That the TIF fee structure attached to and made a part of this Resolution as Attachment “A”, be and is

hereby adopted. The fees as provided for by Attachment “A” shall be effective immediately and shall

continue until amended by further Resolution.

Passed and approved this 19th

day of December, 2016.

_________________________

Bryan Bequette, Mayor

ATTEST:

__________________________

Randy Dunster

City Clerk-Treasurer

Moved by Commissioner Wehling and seconded by Glover to approve the Wildwood Period House

apartment lease agreement with the amendment that the security deposit be equal to one month’s rent be

added. Upon roll call the following voted YES: Johns, Wehling, Glover, Davis and Mayor Bequette.

Voting NO: None. Motion carried.

Chief Lacy reported that the Police Department raised $2,730 from the No-Shave November fundraiser to

donate to the local CHI Infusion Center and over $2000 were raised for the Shop-With-A-Cop Program.

Mayor Bequette announced that the Council would like to reward all of the hard work of the many City

employees by awarding an additional Holiday of December 23rd

.

Meeting Adjourned at 7:27 P.M.

AFFIDAVIT

I, the undersigned City Clerk for the City of Nebraska City, Nebraska, hereby certify that the foregoing is a true and correct copy

of proceedings had and done by the Mayor and Board of Commissioners, that all of the subjects included in the foregoing

Nebraska City




proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the

office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that

at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying

by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form

and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news

media requesting notification concerning meetings of said body were provided advance notification of the time and place of said

meeting and the subjects to be discussed at said meeting.

________________________________

Randy A. Dunster, City Clerk-Treasurer

Nebraska City




CITY OF NEBRASKA CITY

1409 Central Avenue

Nebraska City, NE 68410-2223

Phone: 402-873-5515

Fax: 402-873-5685

Agenda Information Support Sheet

To: Mayor and Commissioners

Council Meeting: Jan. 3, 2017

Agenda Item: #3

Submitted By: David Partsch

A) Synopsis of Issue: a. Extension of Time Warner Cable Franchise Agreement for negotiations on renewal. Franchise expires at end

of 2016, and this renewal will extend the same terms for a period of two months during on-going negotiations.

B) Options: a. Extend the term of the current franchise while we negotiate terms of the renewal.

b. Fail to extend the franchise, essentially terminating TWC’s right to operate in the City, potentially cutting

customers’ services, and ending receipt of franchise payments to the City.

c. Continue status quo without an extension of the agreement; TWC has indicated they typically continue to

operate under a franchise agreement’s terms even after expiration. However, there would be no legally binding

documentation.

C) Fiscal Note: a. City is paid franchise fee of 5% of gross revenues from TWC’s local operations.

D) Recommendation: a. Extend the current franchise agreement for a period of approx. 60 days to allow for further negotiations and

public input prior to renewal.

b. Recommended Motion: b.i. CONSENT AGENDA

E) Background: a. City Admin. & City Atty have been working with a consultant, Bob Duchen, of River Oaks Communications

Corp on an as-needed basis for negotiations with Charter Communications, f/n/a Time Warner Cable.

Negotiations are on-going, and before we propose a new agreement to Council, we do want to arrange for

public feedback and input on cable services. This extension would provide City staff time to gather further

information and finalize terms of our offer.

*********************************************************************************************

Nebraska City




RESOLUTION NO. 2727-17

A RESOLUTION EXTENDING THE FRANCHISE AGREEMENT WITH

TIME WARNER ENTERTAINMENT – ADVANCE / NEWHOUSE PARTNERSHIP

WHEREAS, Time Warner Entertainment – Advance/Newhouse Partnership (“Time Warner”) currently

holds a cable franchise with the City of Nebraska City, Nebraska (“City”) granted by the Franchise

Agreement and Ordinance No. 2536-01 (“Franchise”); and

WHEREAS, both Time Warner and the City desire to extend the term of the Franchise to facilitate

Franchise renewal negotiations and it is in the public interest to do so; and

WHEREAS, the parties reserve all rights under law, including Section 626 of Title VI of the

Communications Act of 1934, as amended, and do not waive any rights related thereto;

NOW, THEREFORE, BE IT RESOLVED:

The Franchise is hereby amended to extend the term of the Franchise to February 28, 2017.

Except as specifically modified hereby, the Franchise shall remain in full force and effect. The

parties shall have the right to negotiate the franchise fees during this extension period. Such

negotiation also includes when franchise fees will become effective.

The City may have the right to exercise rate regulation to the extent allowed authorized under

federal law. If and when exercising its jurisdiction to regulate any such rates, City will adhere to

Title 47 of the Code of Federal Regulations.

The City and Time Warner hereby agree that neither waives any rights either may have under the

Franchise or applicable law.

This Resolution shall become effective upon its passage by the City and its acceptance by Time

Warner.

PASSED AND APPROVED this 3rd

day of January, 2017.

___________________________________


ATTEST:

_________________________________

Randy Dunster, City Clerk-Treasurer

Nebraska City




NOTICE OF PUBLIC HEARING

AND

Notice of Intent to Use City of Nebraska City Economic Development Program Funds

NOTICE IS HEREBY GIVEN THAT, on Tuesday, January 3, 2017 at 6:00 P.M., at the Council

Chambers in City Hall, 1409 Central Ave., Nebraska City, Nebraska, the City Council of Nebraska City,

Nebraska, will hold a Public Hearing concerning the use of $16,000 of City of Nebraska City Economic

Development Program Funds.

If approved by the City Council, the Program funds will be granted to the Nebraska City Museum

Association for the purpose of providing a Museum Pass program for 2017. These funds will be used for

hiring of attendants at each of the museums and allow for free admission for Nebraska City residents to the

participating museums. The Museum Pass system is a collaborative effort of participating museums in the

community designed to increase attendance.

This is an eligible activity under the City of Nebraska City Economic Development Plan for Tourism

development under the direct use of funds.

All interested persons are invited to attend the public hearing at which time they will be given the

opportunity to speak in favor or in opposition to the proposed use of Program Income. If there are

questions regarding the plan to utilize these funds, please contact: Dan Mauk, Economic Development

Loan Fund Administrator at (402) 873-4293.

Individuals requiring physical or sensory accommodations, including interpreter service, braille, large print

or recorded materials, please contact Randy Dunster, City Clerk, City Hall, 1409 Central Ave., Nebraska

City, Nebraska, 68410, (402) 873-5515, no later than 12:00 noon, on Friday, December 30, 2016.

Randy Dunster, City Clerk

Nebraska City




RESOLUTION NO. 2726- 17

TO USE NEBRASKA CITY GROWTH FUNDS

FROM THE ECONOMIC DEVELOPMENT PLAN

WHEREAS, the City of Nebraska City has received Nebraska City Growth Funds through the City of

Nebraska City Economic Development Plan and,

WHEREAS, the Nebraska City Museum Association has applied for a grant through the Nebraska City

Growth Fund and the City’s Plan in order to hire museum attendants and continue the Museum Pass

Program providing free admission to local residents in an effort to promote tourism in our community;

WHEREAS, the City Council of Nebraska City conducted a public hearing upon the proposed use of

Economic Development Program funds;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nebraska City, that the

obligation of funds is approved as applied in the amount of $16,000.00 in a grant for the hiring of museum

attendants and continuance of the Museum Pass Program, and the Mayor is hereby authorized to execute

the attached Nebraska City Growth Fund Grant Agreement in order to complete funding of this grant.

Passed and adopted on the 3rd

day of January, 2017, by the City Council of Nebraska City.

_______________________________

Mayor

ATTEST:________________________

City Clerk-Treasurer

Nebraska City




NEBRASKA CITY GROWTH FUND

GRANT AGREEMENT

This agreement is entered into this the 3rd

of January, 2017 between the City of Nebraska City,

hereinafter referred to as “the City”, and the Nebraska City Museum Association.

WHEREAS, the citizens of Nebraska City approved the City of Nebraska City Economic

Development Plan, hereinafter referred to as “the Plan”, in November, 2016. The Plan provides rules and

procedures for the use of a specified portion of the City’s sales tax receipts, known as the Nebraska City

Growth Fund, for economic development projects. The Plan allows for the use of Growth Funds for making

grants to eligible entities to spur downtown revitalization, to attract new capital investment through

business development and to promote tourism; and,

WHEREAS, the Nebraska City Museum Association has submitted a grant application for

$16,000 for the purpose of providing a Museum Pass program for 2016. These funds will be used for

hiring of attendants to staff museums and allowing for free admission for Nebraska City residents to the

participating museums. The Museum Pass system is a collaborative effort of participating museums in the

community designed to increase attendance and promote tourism.

WHEREAS, said application was recommended for approval at a meeting of the Citizens Advisory

Review Committee on December 8, 2016, and approved by Resolution of the City Council on January 3,

2017.

NOW THEREFORE, the parties to this agreement agree as follows:

1) The City shall pay the total sum of $16,000.00 to fund a grant to the Nebraska City Museum

Association for the Museum Pass Program in accordance with the City of Nebraska City Economic

Development Plan.

2) This is an eligible activity under the City of Nebraska City Economic Development Plan for tourism

development under the direct use of funds.

3) An annual report will be required by the Nebraska City Museum Association to be provided to the

Plan Administrator by November 30, 2017, or 45 days past the close of the 2017 season. The report

will include a detailing of expenses and income for the Nebraska City Museum Association with

updated actuals for each museum. Also included in this report will be a detailing of how marketing

funds were used.

4) The annual report will be required by each of the participating museums and will outline the

following on each of their respective museums:

Nebraska City




a) A visitor count will be kept for each participating museum during this time (2017 season) for

both free pass and paid attendance. Including counts on nonresident visitors and details to show if

the Nebraska City residents are bringing outside visitors to the museums.

b) A report will be provided to show a comparison as to how each of the museums’ 2017

attendance compares to 2016, 2015, 2014, 2013, 2012, 2011 and the 2010 seasons, specifically

contrasting the visitor counts.

5) An updated copy of the detailed strategic marketing plan for the museums will be provided to the

Citizens Advisory Review Committee within 30 days of receipt of funds. This is to include an E-

marketing plan or social media marketing plan.

6) This agreement sets forth the entire understanding of the parties, and may be modified or terminated

only by written memorandum executed by both parties, and

7) All the terms and provision of this agreement shall be binding upon and inure to the benefit of the

parties and their respective successors and assigns.

Nebraska City Museum Association

_________________________

Brian Volkmer

THE CITY OF NEBRASKA CITY,

STATE OF NEBRASKA,

BY_________________________________


ATTEST:

____________________________________

Randy Dunster, City Clerk

Nebraska City




Nebraska City




CITY OF NEBRASKA CITY

1409 Central Avenue


Phone: 402-873-5515

Fax: 402-873-5685



Council Meeting: 1/3/2017

Agenda Item: # 10

Submitted By: Marty Stovall

A) Synopsis of Issue: b. 1 & 6 Year Street Improvement Plan

B) Options: c. Discussion, 1 & 6 Year Street Improvements

C) Fiscal Note: d. This year’s one year road improvement plan has been budgeted for to be designed in 2017 and built in 2018.

This project will be the North 11th

Street/Bridge/ Bridge to City Limits resurfacing. Also projects being built in

2017: Kearney Hill Road, Hwy 2/ Hwy 75 Interchange and 4th

Corso Viaduct.

e. The 6 year plan is an ongoing document of roads that Street Superintendent, Street Commissioner, Street

Foreman and Construction/ Facility Manager have compiled as in need of repair to some degree. This part of

the document is a little more fluid than the one year plan as it is based more on projects that are funded and

progressing.

f. JEO, Evan Wickersham has prepared the 1 & 6 Year Plan for your review. There will be a hard copy for

Commissioners at the Dec. 19th

meeting.

D) Recommendation: g. Accept plans and data as presented. Adopt by Resolution 2725-17.

E) Background: h. The 1 & 6 Year Plan is a document that Nebraska Department of Roads requires our street superintendent

provide to them by March 1st after appointment. Last meeting we appointed Evan Wickersham (JEO) as street

superintendent.

i. For Nebraska City to work on a project in this fiscal year it must be on the 1 & 6 year plan. If it is not on the

plan we could amend the plan in emergency situations.

j. We must have discussion of the 1 & 6 Year Plan in the Jan. 3rd

meeting, if plan does not need any revisions.

We will publish for public hearing on Jan. 6th

in Nebraska City News Press for 1 & 6 Year Street Improvement

Plan.

k. Public Hearing on 1 & 6 year plan Jan. 16th

City Council Meeting.

l. Complete 1 & 6 Year forms for NDOR by March 1st, 2017.

*********************************************************************************************

Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting

is held.

Nebraska City




CITY

1409 Central Avenue


Phone: 402-873-5515

Fax: 402-873-5685



Council Meeting: Jan. 3 2017

Agenda Item: # 12

Submitted By: Marty Stovall

A) Synopsis of Issue: m. Unite Private Networks, LLC (UPN) request permission to construct telecommunications fiber optic line

occupying Right-of-Way in Nebraska City from Kearney Hill Road at City Limits to a Handhole location at

10th

Street and 2nd

Corso.

B) Options: n. Fiscal Note: To occupy the ROW with more than 5 retail customers you must apply for a Franchise

Agreement. UPN is now serving less than 5.

o. UPN would then fall under the permit process including: sending NCU the plans, specifications of proposed

route for the project. (completed and attached). Dan Patton and Carl Abbott with NCU have inspected and

accepted the route.

Sec. 33-153. - Fee. p. Every permittee shall pay a fee to the city for the use of any space above or underneath the surface of any

public street, public alley, public sidewalk, public right of way or other public ground within the city for the

installation, operation, or maintenance of any fiber optic cable, coaxial cable, telecommunication cable, or

other communication cables, wires, lines, or conduit. Such fee shall be an annual rental fee of one dollar and

eighty cents ($1.80) per lineal foot of occupied public street, public alley, public sidewalk, public right of way

or other public ground and shall be calculated by the city. The city council may waive all or a portion of the

annual rental fee if the permittee installs, at its cost, an innerduct conduit and provides the city with the right to

use one (1) or more innerducts within that conduit on terms and conditions agreeable to the city council.

q. (Ord. No. 2911-13, § 1, 5-20-13)

C) Recommendation: r. Approve the permit for infrastructure at a rate of $1.80/LF for underground and $8.76/Pole Attachment

annually.

s. From the material take off sheet of 11,993 LF of underground, minus the approximate 3,500 LF that is outside

of City Limits. Equals, 8,493 LF @ $1.80 = $15,287.40 annually.

t. NCU charges $8.76 per attachment annually for the 1505 LF of proposed aerial infrastructure.

*********************************************************************************************

Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting

is held.

Nebraska City




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