community development agency february 10, 2015 city

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COMMUNITY DEVELOPMENT AGENCY February 10, 2015 City Council Chambers 400 East Military, Fremont NE REGULAR MEETING – 7:00 P.M. AGENDA 1. Meeting called to order 2. Roll call 3. Resolution approving Redevelopment Agreement 23rd and Yager Hotel Redevelopment project and authorizing issu- ance of tax increment indebtedness (staff report) 4. Adjournment CITY COUNCIL MEETING February 10, 2015 City Council Chambers 400 East Military, Fremont NE STUDY SESSION - 6:45 P.M. REGULAR MEETING – 7:00 P.M. AGENDA 1. Meeting called to order 2. Roll call 3. Mayor comments (There will be no discussion from the Council or the public regarding comments made by the Mayor. Should anyone have questions regarding the comments, please contact the Mayor after the meeting) PUBLIC HEARINGS AND RELATED ACTION: CONSENT AGENDA: All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately. 4. Dispense with and approve January 24 and 27, 2015 minutes 5. January 28 – February 10, 2015 claims (staff report) 6. Resolution granting permission to consume alcohol on City property Scott Swaney , Christensen Field, February 27, 2015, banquet; David Poppe, Friendship Center, March 14, 2015, banquet; Kevin Prinz, Christensen Field Indoor Arena, April 10 & 11, 2015, fund raiser; Kevin Prinz, Christensen Field Main Arena, April 10 & 11, 2015, fund raiser; Jennifer Greunke, Christensen Field Main Arena, March 10, 2015, customer training (staff report) 7. Resolution approving Special Designated Liquor Permit application for Archbishop Bergan Booster Club, 431 North Union, February 20 & 27, March 6, 13, 20 & 27, 2015, beer garden; Rise’s Drive-In Liquor, 1710 West 16th, March 10, 2015, reception (staff report) 8. Resolution approving non Class C liquor license renewals (staff report) 9. Reappointment of Steve Hull to Airport Zoning Board (staff report) 10. Resolution requesting the reallocation of funds Community Development Block Grant 13-CR-003 (staff report)

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COMMUNITY DEVELOPMENT AGENCYFebruary 10, 2015

City Council Chambers 400 East Military, Fremont NEREGULAR MEETING – 7:00 P.M.

AGENDA

1. Meeting called to order

2. Roll call

3. Resolution approving Redevelopment Agreement 23rd and Yager Hotel Redevelopment project and authorizing issu-ance of tax increment indebtedness (staff report)

4. AdjournmentCITY COUNCIL MEETING

February 10, 2015 City Council Chambers 400 East Military, Fremont NE

STUDY SESSION - 6:45 P.M. REGULAR MEETING – 7:00 P.M.AGENDA

1. Meeting called to order

2. Roll call

3. Mayor comments (There will be no discussion from the Council or the public regarding comments made by the Mayor. Should anyone have questions regarding the comments, please contact the Mayor after the meeting)

PUBLIC HEARINGS AND RELATED ACTION:

CONSENT AGENDA: All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately.

4. Dispense with and approve January 24 and 27, 2015 minutes

5. January 28 – February 10, 2015 claims (staff report)

6. Resolution granting permission to consume alcohol on City property Scott Swaney, Christensen Field, February 27, 2015, banquet; David Poppe, Friendship Center, March 14, 2015, banquet; Kevin Prinz, Christensen Field Indoor Arena, April 10 & 11, 2015, fund raiser; Kevin Prinz, Christensen Field Main Arena, April 10 & 11, 2015, fund raiser; Jennifer Greunke, Christensen Field Main Arena, March 10, 2015, customer training (staff report)

7. Resolution approving Special Designated Liquor Permit application for Archbishop Bergan Booster Club, 431 North Union, February 20 & 27, March 6, 13, 20 & 27, 2015, beer garden; Rise’s Drive-In Liquor, 1710 West 16th, March 10, 2015, reception (staff report)

8. Resolution approving non Class C liquor license renewals (staff report)

9. Reappointment of Steve Hull to Airport Zoning Board (staff report)

10. Resolution requesting the reallocation of funds Community Development Block Grant 13-CR-003 (staff report)

AGENDA

CONSENT AGENDA CONTINUED:

11. Receive Report of the Treasury (staff report)

12. Resolution to purchase industrial type wheel loader from State contract for Street Dept (staff report)

13. Resolution approving Redevelopment Agreement 23rd and Yager Hotel Redevelopment project and autho-rizing issuance of tax increment indebtedness (staff report)

14. Resolution certifying Northeast Nebraska Community Action Partnership Inc. to receive State assistance (staff report)

15. (Mayor item) Resolution authorizing philosophical letter of endorsement for the Eastern Nebraska film of-fice (staff report)

16. Resolution awarding bid to CR Menn Concrete LLC for Curb Ramp Replacement 2014 project (staff re-port)

17. Removal of Jason Haas from Airport Advisory Committee (staff report)

REGULAR AGENDA: requires individual associated action.

18. Third reading Ordinance amending Fremont Municipal Code Chapter Two relating to Election Wards and Districts; Chapter Three relating to Fire Department; Chapter Six relating to Graffiti Vandalism and Defacement, Sexual Preda-tor, Illegal Immigration; Chapter Seven relating to Fire Department (staff report)

19. Second reading Ordinance approving request of Yvonne Leuschen to rezone TL 44, 14-17-8 and TL 4, 15-17-8 from CC – Community Commercial to R-2 Moderate-Density Residential (staff report)

20. Second reading Ordinance approving request of Rick and Mary Coates to rezone TL 43, 14-17-8 and TL 3, 15-17-8 from CC – Community Commercial to R-2 Moderate-Density Residential (staff report)

21. Molacek Investments request to construct over width driveway at 5210 Oliver (staff report)

22. Strategy session relating to threatened litigation (may require executive session) (staff report)

23. Adjournment

Agenda posted at the Municipal Building on February 6, 2015 and online at www.fremontne.gov. Agenda dis-tributed to the Mayor and City Council on February 6, 2015. The official current copy is available at City Hall, 400 East Military, City Clerk’s Office. The City Council reserves the right to go into Executive Ses-sion at any time. A copy of the Open Meeting Law is posted in the City Council Chambers for review by the public. The City of Fremont reserves the right to adjust the order of items on this agenda.

STAFF REPORT

TO: Honorable Mayor and Community Development Agency

FROM: Justin Zetterman, Interim Planning Director

DATE: February 5, 2015

SUBJECT: Community Development Agency approval of the Redevelopment Agreement of the 23rd & Yager Hotel Redevelopment Project and the authorization of the issuance of Tax Increment Indebtedness

Recommendation: Move to approve Resolution.

Background: On January 27, 2015, the Community Development Agency and the City Council of the City of Fremont approved and adopted an Amendment to the Redevelopment Plan for the 23rd and Bell Redevelopment Area as well as a Cost-Benefit analysis for the 23rd and Yager Hotel Redevelopment Project.

This agreement is between the City of Fremont and Lincoln Hotel Group, LLC and will implement and govern the 23rd & Yager Hotel Redevelopment Project.

The proposed redevelopment project involves acquisition of the Project Site, the construction of a new 75 room, four-story hotel with approximately 80 controlled access parking stalls and associated improvements.

The 23rd & Yager Hotel Redevelopment Project would not be economically feasible as designed without the use of tax increment. To this end, approval of this resolution and agreement includes the approval to issue TIF indebtedness in an amount not to exceed $780,000.00 as set forth in the Redevelopment Agreement, with such TIF Indebtedness to be repaid solely from the Tax Increment created by the Project.

The Redevelopment Agreement is in conformity with the Nebraska Community Development Law, the Amend-ment to the Redevelopment Plan for 23rd & Bell Redevelopment Area and with the general plan for development in Fremont

CDA#3

COMMUNITY DEVELOPMENT AGENCY OF THECITY OF FREMONT, NEBRASKA

RESOLUTION NO. 2015-____(Redevelopment Agreement for the 23rd & Yager Hotel Redevelopment Project)

A RESOLUTION OF THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA APPROVING THE REDEVELOPMENT AGREEMENT FOR THE 23RD & YAGER HO-TEL REDEVELOPMENT PROJECT AND AUTHORIZING THE ISSUANCE OF TAX INCREMENT INDEBTEDNESS.

WHEREAS, the Community Development Agency of the City of Fremont, Nebraska (the “CDA”) via Resolution No. 2015-001 dated January 27, 2015 approved and adopted an Amendment to the Rede-velopment Plan for the 23rd & Bell Redevelopment Area in the City of Fremont, Nebraska and a Cost-Benefit Analysis for the 23rd & Yager Redevelopment Project (the “Project”) pursuant to the Nebraska Community Development Law codified at Neb. Rev. Stat. §§ 18-2101 et seq. (the “Act”);

WHEREAS, a copy of the redevelopment agreement by and between the CDA and Lincoln Hotel Group, L.L.C., a Nebraska limited liability company, that will implement and govern the Project (the “Redevel-opment Agreement”) is attached as Attachment “A” and incorporated herein by this reference;

WHEREAS, on February 10, 2015, at 7:00 p.m. a meeting of the CDA was held at the Fremont City Council Chambers, 400 East Military Avenue, in Fremont, Nebraska in order to determine whether the Redevelopment Agreement should be approved;

WHEREAS, the Amendment to the Redevelopment Plan will, in accordance with the present and future needs of the City of Fremont, promote the health, safety, morals, order, convenience, prosperity and the general welfare of the community in conformance with the legislative declarations and determinations set forth in the Act;

WHEREAS, the Amendment to the Redevelopment Plan is feasible and is in conformance with the general plan for development and its objectives are being accomplished in the Redevelopment Agree-ment for the Project;

WHEREAS, the Project would not be economically feasible as designed without the use of tax incre-ment financing; the Project as designed would not occur in the redevelopment area without the use of tax increment financing; and the Project is in the long-term best interests of the community;

WHEREAS, the CDA has reviewed the Redevelopment Agreement and has found it to be in conformity with the Act and the general plan for development of the City of Fremont, and in the best interests of the City of Fremont; and

WHEREAS, pursuant to the provisions of the Act and in light of the foregoing findings and determina-tions, the CDA desires to approve the Redevelopment Agreement.

NOW, THEREFORE, BE IT RESOLVED, that the CDA of the City of Fremont, Nebraska does hereby approve and adopt the Redevelopment Agreement;

BE IT FURTHER RESOLVED, that the CDA of the City of Fremont is hereby authorized, following the lapse of thirty (30) days after the approval of the Redevelopment Agreement, to issue TIF Indebted-

ness in an amount not to exceed Seven Hundred Eighty Thousand and No/100 Dollars ($780,000.00) as set forth in the Redevelopment Agreement, with such TIF Indebtedness to be repaid solely from the Tax Increment created by the Project and does not represent the general obligation of the CDA nor the City of Fremont; and

BE IT FURTHER RESOLVED, that the CDA hereby authorizes its Chair to execute and deliver the Redevelopment Agreement and to take all such other actions contemplated and required by the Rede-velopment Agreement.

DATED THIS 10th day of February, 2015.

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

By: ______________________________________ Chair

ATTEST:

___________________________ Secretary

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REDEVELOPMENT AGREEMENT

(23RD & YAGER HOTEL PROJECT) This Redevelopment Agreement is made and entered into as of the ____ day

of February, 2015, by and between the Community Development Agency of the

City of Fremont, Nebraska (“CDA”) and Yager Hospitality, LLC, a Nebraska limited

liability company (“Redeveloper”).

RECITALS

A. The CDA is a duly organized and existing community development

agency, a body politic and corporate under the laws of the State of Nebraska, with

lawful power and authority to enter into this Redevelopment Agreement.

B. The City of Fremont (the “City”), in furtherance of the purposes and

pursuant to the provisions of Article VIII, Section 12 of the Nebraska Constitution

and Neb. Rev. Stat. §§ 18-2101 to 18-2154, as amended (collectively the “Act”), has

adopted a Redevelopment Plan for a blighted and substandard area designated by

the City, including the Redevelopment Area.

C. Redeveloper owns or has contracted to purchase the Project Site

which is located in the Redevelopment Area.

D. Redeveloper submitted a redevelopment project proposal to redevelop

the Project Site.

E. The proposed redevelopment project involves acquisition of the Project

Site, the construction of a new 75 room four-story hotel with approximately 80

controlled access parking stalls, and associated improvements.

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F. The CDA has approved the Redeveloper’s proposed redevelopment

project, including the utilization of tax-increment financing to assist in the cost of

the eligible public improvements defined in this Redevelopment Agreement.

G. CDA and Redeveloper desire to enter into this Redevelopment

Agreement for redevelopment of the Project Site.

NOW, THEREFORE, in consideration of the promises and the mutual

covenants and agreements herein set forth, CDA and Redeveloper do hereby

covenant, agree and bind themselves as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION

Section 1.01 Terms Defined in this Redevelopment Agreement.

Unless the context otherwise requires, the following terms shall have the

following meanings for all purposes of this Redevelopment Agreement, such

definitions to be equally applicable to both the singular and plural forms and

masculine, feminine and neuter gender of any of the terms defined:

A. “Act” means Article VIII, Section 12 of the Nebraska Constitution,

Neb. Rev. Stat. §§ 18-2101 through 18-2154, as amended, and acts amendatory

thereof and supplemental thereto.

B. “CDA” means the Community Development Agency of the City of

Fremont, Nebraska.

C. “City” means the City of Fremont, Nebraska.

D. “Effective Date” means January 1, 2016.

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E. “Eligible Project Costs” means only costs or expenses incurred by

Redeveloper for Public Improvements that are eligible for reimbursement under the

Act.

F. “Minimum Project Valuation” means an amount equal to Four Million

Fifty Thousand and No/100 Dollars ($4,050,000.00).

G. “Private Improvements” means all the private improvements to be

constructed on the Project Site as more particularly described on Exhibit “A”

attached and incorporated by this reference.

H. “Project” means the improvements to the Project Site and adjacent

thereto, including the Private Improvements and Public Improvements defined

herein and described on Exhibit “A”.

I. “Project Completion Date” means on or before December 31, 2016.

J. “Project Site” means all that certain real property situated in the City,

more particularly described on Exhibit “A”.

K. “Public Improvements” shall include all the public improvements

more particularly described on Exhibit “A” which are eligible improvements under

the Act. The costs of the Public Improvements include the debt service payments

of the TIF Indebtedness.

L. “Redeveloper” means Lincoln Hotel Group, L.L.C., a Nebraska limited

liability company or its assignee, which is subject to the written approval of the

CDA.

M. “Redevelopment Agreement” means this Redevelopment Agreement

between the CDA and Redeveloper with respect to the Project.

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N. “Redevelopment Area” means the Redevelopment Area that is set

forth in the General Redevelopment Plan for the 23rd and Bell Area and the

Amendment to the 23rd and Bell Area Redevelopment Plan adopted by the CDA as

of January 27, 2015.

O. “Redevelopment Plan” means the Redevelopment Plan prepared by the

Fremont Planning Department and dated April 2014, and approved by the City

Council of the City on July 29, 2014 pursuant to Resolution No. 2014-137, as

amended.

P. “TIF Indebtedness” means any bonds, notes, loans and advances of

money or other indebtedness, including interest thereon, issued by the CDA or the

City secured in whole or in part by TIF Revenues.

Q. “TIF Revenues” or “Tax Increment” means incremental ad valorem

taxes generated by the Project which are allocated to and paid to the CDA

pursuant to the Act.

Section 1.02 Construction and Interpretation.

The provisions of this Redevelopment Agreement shall be construed and

interpreted in accordance with the following provisions:

(a) This Redevelopment Agreement shall be interpreted in accordance

with and governed by the laws of the State of Nebraska, including the Act.

(b) Wherever in this Redevelopment Agreement it is provided that any

person may do or perform any act or thing the word “may” shall be deemed

permissive and not mandatory and it shall be construed that such person shall

have the right, but shall not be obligated, to do and perform any such act or thing.

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(c) The word “including” shall be construed as meaning “including, but

not limited to.”

(d) The words “will” and “shall” shall each be construed as mandatory.

(e) The captions to the sections of this Redevelopment Agreement are for

convenience only and shall not be deemed part of the text of the respective

sections and shall not vary by implication or otherwise any of the provisions

hereof.

ARTICLE II

REPRESENTATIONS

Section 2.01 Representations by the CDA.

The CDA makes the following representations and findings:

(a) The CDA is a duly organized and validly existing Community

Development Agency under the Act.

(b) The CDA deems it to be in the public interest and in furtherance of

the purposes of the Act to accept the proposal submitted by Redeveloper for the

redevelopment of the Project Site as specified herein.

(c) The Project will achieve the public purposes of the Act by, among

other things, increasing employment, increasing the tax base, and lessening

blighted and substandard conditions in the Redevelopment Area.

Section 2.02 Representations of Redeveloper.

Redeveloper makes the following representations and findings:

(a) Redeveloper is a Nebraska limited liability company, having the power

to enter into this Redevelopment Agreement and perform all obligations contained

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herein and by proper action has been duly authorized to execute and deliver this

Redevelopment Agreement.

(b) The execution and delivery of the Redevelopment Agreement and the

consummation of the transactions therein contemplated will not conflict with or

constitute a breach of or default under any bond, debenture, note or other

evidence of indebtedness or any contract, loan agreement or lease to which

Redeveloper is a party or by which it is bound, or result in the creation or

imposition of any lien, charge or encumbrance of any nature upon any of the

property or assets of Redeveloper contrary to the terms of any instrument or

agreement.

(c) There is no litigation pending or to the best of its knowledge

threatened against Redeveloper affecting its ability to carry out the acquisition,

construction, equipping and furnishing of the Project or the carrying into effect of

this Redevelopment Agreement or, except as disclosed in writing to the CDA, as to

any other matter materially affecting the ability of Redeveloper to perform its

obligations hereunder.

(d) Redeveloper owns or has contracted to purchase the Project Site, in

fee simple and free from any liens, encumbrances, or restrictions which would

prevent the performance of this Agreement by Redeveloper.

(e) Redeveloper shall not assign this Agreement to any successor or

assignee without the written approval of the CDA.

ARTICLE III

OBLIGATIONS OF THE CDA AND PUBLIC IMPROVEMENTS

Section 3.01 Capture of Tax Increment.

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Subject to the contingencies described below and to all of the terms and

conditions of this Agreement, commencing for the tax year of the Effective Date of

the Project and continuing thereafter, the CDA shall capture the Tax Increment, as

defined below, from the Project pursuant to the Nebraska Community

Development Law. The CDA shall capture the Tax Increment generated by the

Project Site for a total period of not to exceed fifteen (15) years after the Private

Improvements have been completed and included in the assessed valuation of the

Project Site and the Project Site is generating the Tax Increment subject to capture

by the CDA. The effective date of this provision shall be the Effective Date of

January 1, 2016, thus creating the base value as of January 1, 2015. The CDA

shall file with the County Assessor the “Notice to Divide Taxes” on or prior to

August 1 in the year of the Effective Date.

Section 3.02 Tax Increment.

The term Tax Increment shall mean, in accordance with Neb. Rev.

Stat. § 18-2147 of the Nebraska Community Development Law, the difference

between the ad valorem tax which is produced by the tax levy (fixed each year by

the Dodge County Board of Equalization) for the Project Site before the completion

of the construction of the Private Improvements for that year prior to the year in

which the Effective Date falls, and the ad valorem tax which is produced by the tax

levy for the Project Site after completion of construction of the Private

Improvements as part of the Project. For this Project, the anticipated Tax

Increment is the difference between the projected taxes payable for 2016 (after

construction completion) and the taxes payable for 2015 (before completion of

construction) as more particularly set forth on Exhibit “B”.

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Section 3.03 Issuance of TIF Indebtedness.

No sooner than thirty (30) days following the approval and execution of this

Agreement, the CDA shall incur or issue TIF Indebtedness (the “TIF Note”) in the

estimated amount of Seven Hundred Eighty Thousand and No/100 Dollars

($780,000.00), as calculated on the attached and incorporated Exhibit “B”, to be

issued to the Redeveloper which shall entitle Redeveloper to receive the semi-

annual incremental tax payments generated by the Project. The TIF Indebtedness,

which shall be in the form of a TIF Promissory Note, shall not be a general

obligation of the CDA or City which shall issue such Note solely as a conduit. If

the Redeveloper intends to monetize the TIF Note, than it shall locate a lender or

other entity to acquire and fund the acquisition of the TIF Note for this TIF

Indebtedness. Redeveloper may pledge or assign the TIF Note to such lender and

the CDA shall consent to such pledge upon request. The TIF Note issued to

Redeveloper shall be secured by a pledge or assignment of the Tax Increment to be

captured by the CDA.

Section 3.04 Use of TIF Indebtedness.

The CDA will collect and use the Tax Increment to pay debt service on the

TIF Indebtedness incurred as provided in Section 3.03 of this Redevelopment

Agreement. Notwithstanding the foregoing, the amount of the TIF Note that the

CDA agrees to service and repay with the Tax Increment shall not exceed the

amount of the Eligible Project Costs certified by Redeveloper pursuant to

Section 4.02 and listed on Exhibit “C”. In addition, upon the funding of the TIF

Indebtedness by Redeveloper, the CDA shall retain an amount sufficient to pay:

(a) its reasonable and necessary cost of issuance, including attorney fees; (b) its

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Administrative Fee of one percent (1%); and (c) the City Redevelopment

Improvements in the amount of five percent (5%), all as set forth on Exhibit “C”.

The Tax Increment, less the CDA’s costs set forth above, shall be paid pursuant

to the terms of any TIF Promissory Note and/or TIF resolution issued by the

CDA relating to this Project.

Section 3.05 Creation of Fund.

The CDA will create a special fund to collect and hold the receipts of the

Tax Increment for payment on the TIF Note. Such special fund shall be used for

no purpose other than to pay TIF Indebtedness issued pursuant to Section 3.03

above.

Section 3.06 Projected TIF Sources and Uses.

The TIF Indebtedness calculation formula set forth on Exhibit “B”,

contemplates the annual generation of incremental taxes created by the Project

in the amount of approximately Seventy Six Thousand and No/100 Dollars

($76,000.00). The TIF Note and the TIF sources and eligible uses are attached

on Exhibit “C” and incorporated by this reference. The Projected Uses of the

TIF funds are eligible under the Act, and are estimates which shall be confirmed

upon construction completion and be certified by the Redeveloper under Section

4.02 below.

ARTICLE IV

OBLIGATIONS OF REDEVELOPER

Section 4.01 Construction of Project; Insurance.

(a) Redeveloper will complete the Public Improvements and the Private

Improvements as described on Exhibit “A” and install all equipment necessary to

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operate the Public Improvements and the Private Improvements no later than the

Project Completion Date. Redeveloper shall be solely responsible for obtaining all

permits and approvals necessary to acquire, construct and equip the Public

Improvements and the Private Improvements. Until construction of the Public

Improvements and the Private Improvements has been completed, Redeveloper

shall make reports in such detail and at such times as may be reasonably

requested by the CDA as to the actual progress of Redeveloper with respect to

construction of the Public Improvements and the Private Improvements. Promptly

after substantial completion by Redeveloper of the Public Improvements and the

Private Improvements, Redeveloper shall furnish to the CDA a Certificate of

Completion, the form of which is attached as Exhibit “D” and incorporated by this

reference. The certification by Redeveloper shall be a conclusive determination of

satisfaction of the agreements and covenants in this Redevelopment Agreement

with respect to the obligations of Redeveloper to construct the Public

Improvements and the Private Improvements.

(b) Any contractor chosen by Redeveloper or Redeveloper itself shall be

required to obtain and keep in force at all times until completion of construction,

policies of insurance including coverage for contractors’ general liability and

completed operations (provided that Redeveloper may self-insure in lieu of

obtaining and keeping in force such policy of insurance) and a penal bond as

required by the Act. The CDA shall be named as an additional insured. Any

contractor chosen by Redeveloper or Redeveloper itself, as an owner, shall be

required to purchase and maintain property insurance upon the Project to the full

insurable value thereof (provided that Redeveloper may self-insure in lieu of

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obtaining and keeping in force such policy of insurance). This insurance shall

insure against the perils of fire and extended coverage and shall include “special

causes of loss” insurance for physical loss or damage.

Section 4.02 Cost Certification. Redeveloper shall submit to the CDA a certification of Eligible Project

Costs, after expenditure of such project costs to verify the uses described on

Exhibit “C”. Redeveloper may, at its option, submit one or more partial Eligible

Project Costs Certifications prior to expenditure of all Eligible Project Costs

providing certification of receipt of billings for work in progress. All Eligible

Project Costs Certifications shall be subject to review and approval by the CDA

prior to the funding of such eligible costs. Determinations by the CDA whether

costs included in the Eligible Project Costs Certification are properly included in

Eligible Project Costs as defined in this Agreement shall be made in its sole

discretion and shall be conclusive and binding on Redeveloper.

Section 4.03 No Discrimination.

Redeveloper agrees and covenants for itself, its successors and assigns that

as long as this Redevelopment Agreement is outstanding, it will not discriminate

against any person or group of persons on account of race, sex, color, religion,

national origin, ancestry, disability, marital status or receipt of public assistance

in connection with the Project. Redeveloper will comply with all applicable federal,

state and local laws related to the Project.

Section 4.04 Pay Real Estate Taxes.

(a) Redeveloper intends to create a taxable real property valuation of the

Project and Project Site of not less than the Minimum Project Valuation set forth in

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Section 1.01(F) above, no later than as of the Effective Date. During the period of

this Agreement, Redeveloper, its successors and assigns, will: (1) not protest a real

estate property valuation of the Project and Project Site to a sum less than or equal

to the Minimum Project Valuation; and (2) not convey the Project Site or structures

thereon to any entity which would be exempt from the payment of real estate taxes

or cause the nonpayment of such real estate taxes.

(b) If, during the period of this Agreement, the Project Site is assessed at

less than the Minimum Project Valuation, Redeveloper shall either: (1) successfully

protest the valuation of the Project Site upwards such that the valuation is equal

to or greater than the Minimum Project Valuation; or (2) make a payment in lieu of

taxes to the CDA upon thirty (3) days written notice in the amount of the shortfall

equal to the amount the anticipated Tax Increment, as set forth on Exhibit “B”,

exceeds the actual Tax Increment. If Redeveloper is required to pay any such

shortfall as a payment in lieu of taxes, the Redeveloper shall be entitled to receive

reimbursement of any such shortfall payment to the extent TIF Revenues become

available during the TIF Period in an amount in excess of the amount necessary to

meet the current debt service payments. Any such shortfall amounts not

reimbursed at the end of the TIF Period shall be forgiven.

Section 4.05 No Assignment or Conveyance. Redeveloper shall not convey, assign or transfer the Project Site, any interest

therein, or this Agreement prior to the termination of the 15 year period

commencing on the Effective Date specified in Section 3.01 hereof without the

prior written consent of the CDA, which shall not be unreasonably withheld and

which the CDA may make subject to any terms or conditions it reasonably deems

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appropriate, except for the following conveyance, which shall be permitted without

consent of the CDA: Any conveyance as security for indebtedness (i) previously

incurred by Redeveloper or incurred by Redeveloper after the Effective Date for

Project costs or any subsequent physical improvements to the Project Site with the

outstanding principal amount of all such indebtedness (whether incurred prior to

or after the Effective Date) secured by the Project Site which shall have lien priority

over the obligations of Redeveloper pursuant to this Redevelopment Agreement, or

(ii) any additional or subsequent conveyance as security for indebtedness incurred

by Redeveloper for Project costs or any subsequent physical improvements to the

Project Site provided that any such conveyance shall be subject to the obligations

of Redeveloper pursuant to this Redevelopment Agreement.

Section 4.06 Evidence of Financial Ability.

Redeveloper shall provide to the CDA evidence of availability of the specific

amount of finances necessary for purposes of carrying out the obligations of

Redeveloper in connection with acquisition of the Project Site and construction of

the Private Improvements, before the later of (a) sixty (60) days following the

execution of this Redevelopment Agreement, or (b) the commencement of

construction of the Private Improvements. To the extent allowed by law, the CDA

agrees to keep said information confidential. Such information shall state the

amount and source of liquid assets on hand or immediately available to

Redeveloper for use in the Project; and shall state the amount and source of debt

financing which is available, or irrevocably committed, to Redeveloper for use in

acquiring the Project Site and completing the Private Improvements. Such

information shall be provided in a form satisfactory to the CDA, and evidence of

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loan commitments shall include all the documents evidencing the loan

commitment and acceptance by Redeveloper, the purposes of the loan, the

authorized use of loan funds, and all other terms and conditions of the loan

commitment, the acceptance, and the loan. Submittal of such financial

information in a form satisfactory to the CDA shall be a condition precedent to the

requirement of the CDA to proceed with its obligations under this Redevelopment

Agreement.

ARTICLE V

FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES

Section 5.01 Financing.

(a) Redeveloper shall pay all costs for the construction of the Private

Improvements and the Public Improvements. Redeveloper shall be responsible for

arranging all necessary financing for the construction of the Public Improvements

and Private Improvements, including, with respect to the Public Improvements, the

TIF Indebtedness.

Section 5.02 Encumbrances.

Redeveloper shall not create any lien, encumbrance or mortgage on the

Project or the Project Site except: (a) encumbrances which secure indebtedness

incurred to acquire, construct and equip the Project or for any other physical

improvements to the Project Site, (b) easements and rights of entry granted by

Redeveloper, (c) construction and materialman liens that may be filed in

connection with the construction of the Private Improvements so long as any such

lien is discharged or bonded within 90 days of completion of the Private

Improvements, and (d) any other liens so long as any such lien is satisfied and

15

released or substitute security is posted in lieu thereof within 90 days of

Redeveloper receiving notice thereof.

ARTICLE VI

DEFAULT, REMEDIES; INDEMNIFICATION

Section 6.01 General Remedies of the CDA and Redeveloper.

Subject to the further provisions of this Article VI, in the event of any failure

to perform or breach of this Redevelopment Agreement or any of its terms or

conditions, by either party hereto or any successor to such party, such party, or

successor, shall, upon written notice from the other, proceed immediately to

commence such actions as may be reasonably designed to cure or remedy such

failure to perform or breach which cure or remedy shall be accomplished within a

reasonable time by the diligent pursuit of corrective action. In case such action is

not taken, or diligently pursued, or the failure to perform or breach shall not be

cured or remedied within a reasonable time, this Redevelopment Agreement shall

be in default and the aggrieved party may institute such proceedings as may be

necessary or desirable to enforce its rights under this Redevelopment Agreement,

including, but not limited to, proceedings to compel specific performance by the

party failing to perform or in breach of its obligations; provided that, in view of the

additional remedies of the CDA set out in Section 6.02, the remedy of specific

performance by Redeveloper shall not include or be construed to include the

covenant to build or construct the Private Improvements or Project.

Section 6.02 Additional Remedies of the CDA.

In the event that:

16

(a) Redeveloper, or successor in interest, shall fail to complete the

construction of the Project on or before the Project Completion Date,

or shall abandon construction work for any period of 120 days (not

including any period covered pursuant to the terms of Section 6.04

below);

(b) Redeveloper, or successor in interest, shall fail to pay real estate taxes

or assessments on the Project Site or any part thereof when due, and

such taxes or assessments or payments in lieu of taxes shall not have

been paid, or provisions satisfactory to the CDA made for such

payment within thirty (30) days following written notice from the CDA;

(c) Redeveloper does not maintain an assessed valuation equal to or

greater than the Minimum Project Valuation for the Project Site for

the term of this Agreement and fails to satisfy the obligations of

Section 4.04(b) of this Agreement; or

(d) There is, in violation of Section 4.05 of this Redevelopment

Agreement, transfer of the Project Site or any part thereof, and such

failure or action by Redeveloper has not been cured within 30 days

following written notice from the CDA,

then Redeveloper shall be in default of this Redevelopment Agreement; and in the

event that such failure to perform, breach or default is not cured in the period

herein provided, the parties agree that the damages caused to the CDA would be

difficult to determine with certainty. To the extent that such failure results in the

fact that the CDA is not able to capture the full amount of the anticipated Tax

Increment contemplated hereunder, Redeveloper shall be obligated, on an annual

17

basis, to remit the sum by which the anticipated Tax Increment exceeds the actual

Tax Increment.

Section 6.03 Remedies in the Event of Other Redeveloper Defaults.

In the event Redeveloper fails to perform any other provisions of this

Redevelopment Agreement (other than those specific provisions contained in

Section 6.02), and such failure has not been cured within 30 days following

written notice from the CDA, then Redeveloper shall be in default. In such an

instance, the CDA may seek to enforce the terms of this Redevelopment Agreement

or exercise any other remedies that may be provided in this Redevelopment

Agreement or by applicable law; provided, however, that the default covered by this

Section shall not give rise to a right of rescission or termination of this

Redevelopment Agreement.

Section 6.04 Limitation of Liability; Indemnification.

(a) Notwithstanding anything in this Article VI or this Redevelopment

Agreement to the contrary, neither the CDA, the City, nor their officers, directors,

employees, agents or their governing bodies shall have any pecuniary obligation or

monetary liability under this Redevelopment Agreement. The obligation of the

CDA on any TIF Indebtedness shall be limited solely to the Tax Increment pledged

as security for such TIF Indebtedness. Specifically, but without limitation, neither

the City nor the CDA shall be liable for any costs, liabilities, actions, demands, or

damages for failure of any representations, warranties or obligations hereunder.

Redeveloper releases the CDA and the City from and agrees that the CDA and the

City shall not be liable for any loss or damage to property or any injury to or death

of any person that may be occasioned by any cause whatsoever pertaining to the

18

Private Improvements. Provided, however, such release shall not be deemed to

include such liability actions as arise directly out of the sole negligence or willful

misconduct of the CDA or the City.

(b) Redeveloper agrees to indemnify, defend (at the CDA’s and/or the

City’s option) and hold harmless the CDA, the City, their respective employees,

officials, agents, representatives and volunteers from and against any and all

liabilities, damages, injuries (including death), property damage (including loss of

use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and

reasonable attorney’s fees, and actual damages of any kind or nature, arising out

of or in connection with any aspect of the acts, omissions, negligence or willful

misconduct of Redeveloper, its employees, agents, officers, contractors or

subcontractors, or Redeveloper’s performance or failure to perform under the

terms and conditions of this Redevelopment Agreement. Such indemnification,

hold harmless and defense obligation shall exclude only such liability actions as

arise directly out of acts, omissions, or the sole negligence or willful misconduct of

the CDA or the City. The indemnification and defense obligations set forth herein

shall survive the termination of this Redevelopment Agreement.

ARTICLE VII

MISCELLANEOUS

Section 7.01 Memorandum.

A Memorandum of this Redevelopment Agreement in the form attached

hereto as Exhibit “E” and incorporated by this reference shall be recorded with the

Dodge County Register of Deeds for the Project.

Section 7.02 Governing Law.

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This Redevelopment Agreement shall be governed by the laws of the State of

Nebraska, including the Act.

Section 7.03 Binding Effect; Amendment.

This Redevelopment Agreement shall be binding on the parties hereto and

their respective successors and assigns. This Redevelopment Agreement shall run

with the Project Site. The Redevelopment Agreement shall not be amended except

by a writing signed by the party to be bound.

Section 7.04 No Agency or Partnership.

This Redevelopment Agreement is not intended and shall not be construed

to create the relationship of agent, servant, employee, partnership, joint venture or

association as between the CDA and the City, on the one hand, and Redeveloper,

on the other hand, nor between the CDA and the City, on the one hand, and any

officer, employee, contractor or representative of Redeveloper, on the other hand.

No joint employment is intended or created by this Redevelopment Agreement for

any purpose. Redeveloper agrees to so inform its employees, agents, contractors

and subcontractors who are involved in the implementation of or construction

under this Redevelopment Agreement.

IN WITNESS WHEREOF, the CDA and Redeveloper have signed this

Redevelopment Agreement as of the date and year first above written.

[Signature and Notary Pages to Follow]

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“CDA”

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

ATTEST: By:________________________________ By: ________________________________ Secretary Chairman STATE OF NEBRASKA )

) ss. COUNTY OF FREMONT )

The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by and , Chairman and Secretary respectively of the Community Development Agency of the City of Fremont, Nebraska, a public body corporate and politic, on behalf of the Agency.

Notary Public

21

“REDEVELOPER” Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public TABLE OF EXHIBITS: Exhibit “A” – Description of Project Exhibit “B” – TIF Indebtedness Exhibit “C” – Projected TIF Sources and Uses Exhibit “D” – Certificate of Completion Exhibit “E” – Memorandum of Redevelopment Agreement

Exhibit “A”

EXHIBIT “A”

DESCRIPTION OF PROJECT The Project undertaken by Redeveloper on the Project Site, defined as the real estate legally described as:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska

shall consist of the following:

(a) Private Improvements. The construction of a 75 room hotel, with 80 controlled access parking spaces, and the associated improvements within the Redevelopment Area which shall include:

Indoor Swimming Pool Meeting/Conference Room Large Fitness Room

(b) Public Improvements. Site acquisition, site preparation, utility work, façade improvements and other eligible public improvements on the Project Site and in the Redevelopment Area, which public improvements are eligible improvements under the Act pursuant to this Redevelopment Agreement; paid for, in part, by the Tax Increment created by the Private Improvements.

Exhibit “B”

EXHIBIT “B”

TIF INDEBTEDNESS

1. Principal Amount. The principal amount of the TIF Indebtedness shall be the amount, together with interest accruing thereon, which can be amortized by the Maturity Date, solely from the Tax Increment Revenues based upon the current aggregate ad valorem tax rate applicable to the Project Site multiplied by an assumed valuation of $4,050,000.00 less the base valuation, subject to required debt service coverage, required reserve, and cost of issuance.

2. Anticipated Tax Increment: Approximately $76,000.00 annually. 3. Payments. Semi-annually with interest only until real estate taxes are fully

collected for the tax year of the Effective Date in an amount sufficient to fully amortize the TIF Indebtedness on or before the Maturity Date.

4. Maturity Date. On or before December 31, 2031.

Exhibit “C” 1

EXHIBIT “C”

PROJECTED TIF SOURCES AND USES 1.  PROJECTED TIF SOURCES 

Assumptions:  Dodge Co. Tax Levy (2014)  1.973072 Interest Rate  4.50% TIF period (years)  14    

Property Value Assumptions:  Assessed Value Estimated 

TaxesPre‐Project  $200,000  $3,946Completed Project  $4,050,000  $79,910Difference  $3,850,000  $76,000

TIF Calculations:  Annual TIF Amount  $76,000 TIF Loan Amount  $780,000 

2.  PROJECTED TIF USES1 Project Costs

A.  Admin. Fee – 1%  $7,800B.  Cost of Issuance  $10,000C.  City Redevelopment Improvements – 5%  $39,000D.  Site Acquisition  $433,000E.  Site Preparation  $130,000F.  Utilities  $30,000G. Façade Improvements  $110,000

Total  $780,000*   

  *Eligible TIF Uses are projected to be approximately $1,100,000, but the TIF Revenue Projection is limited to $780,000 which is the sum generated by the projected incremental revenues.

1 All costs are estimates and are subject to final confirmation and adjustment upon construction completion.

Exhibit “D” 1

EXHIBIT “D”

CERTIFICATE OF COMPLETION The Community Development Agency of the City of Fremont, Nebraska, a

municipal corporation in the State of Nebraska (the “CDA”), hereby makes the

conclusive determination and certification that, with regard to the following real

property situated in the City of Fremont, Dodge County, Nebraska, to wit:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska,

(“Redeveloper Property”), all the improvements required to be constructed upon the

above-described Redeveloper Property have been satisfactorily completed in

accordance with the requirements of the REDEVELOPMENT AGREEMENT (23rd &

Yager Hotel Redevelopment Project) by and between the Community Development

Agency of the City of Fremont, Nebraska, a municipal corporation in the State of

Nebraska, and Lincoln Hotel Group, L.L.C., a Nebraska limited liability company,

and its successors and assigns (“Redeveloper”), said Agreement dated as of

February ____, 2015 and a Memorandum of which is recorded as Instrument

No.____________________, in the office of the Register of Deeds for Dodge County,

Nebraska.

Exhibit “D” 2

The CDA further makes the conclusive determination that the Private

Improvements (as defined in the Agreement) to the above-described Redeveloper

Property are presently in conformance with the Agreement.

IN WITNESS WHEREOF, the CDA and Redeveloper have executed this

instrument this ______ day of ______________________, 2015.

“CDA” COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

_______________________, Chairperson

STATE OF NEBRASKA )

) ss. COUNTY OF DODGE )

The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by _______________, Chairperson of the Community Development Agency of the City of Fremont, Nebraska, on behalf of the Agency.

Notary Public

Exhibit “D” 3

“REDEVELOPER”

Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public

Exhibit “E” 1

EXHIBIT “E”

MEMORANDUM OF REDEVELOPMENT AGREEMENT (23RD & YAGER HOTEL REDEVELOPMENT PROJECT)

This Memorandum of Redevelopment Agreement (“Memorandum”) is made this ___ day of _________, 2015 by and between the Community Development Agency of the City of Fremont, Nebraska (“CDA”) and Yager Hospitality, L.L.C., a Nebraska limited liability company (“Redeveloper”). 1. Redevelopment Agreement. CDA and Redeveloper have entered into that certain Redevelopment Agreement dated as of this even date, describing the public improvements being made by the CDA in the Redevelopment Area and the private improvements being made to real property owned by Redeveloper and legally described as:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska.

2. Tax Increment Financing. The Redevelopment Agreement provides for the capture of the Tax Increment, as defined therein, by the CDA of the private improvements to be made by the Redeveloper for a period not to exceed fifteen (15) years after the Project Effective Date of January 1, 2016. The Tax Increment so captured by the CDA shall be used to make the public improvements as described in the Redevelopment Agreement. 3. Remaining Terms. The rest and remaining terms of the Redevelopment Agreement are hereby incorporated into this Memorandum as if they were set forth in full. A full and correct copy of the Redevelopment Agreement may be inspected at the CDA offices in Fremont, Nebraska.

[SIGNATURE PAGES TO FOLLOW]

Exhibit “E” 2

“CDA”

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

_______________________, Chairperson

STATE OF NEBRASKA )

) ss. COUNTY OF DODGE )

The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by _____________, Chairperson of the Community Development Agency of the City of Fremont, Nebraska, on behalf of the Agency.

Notary Public

Exhibit “E” 3

“REDEVELOPER”

Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public 4815-9792-1313, v. 2

CITY COUNCIL RETREAT MEETINGJanuary 24, 2015 - draft

8:00 a.m.

The Mayor called the meeting to order and stated a copy of the open meeting law is postedcontinually for public inspection located near the entrance door. Roll call showed CouncilMembers Bixby, Johnson, Legband, Anderson, Eairleywine, Landholm, Schaller and Kuhns present –8 present.

Discussion was held on the Capital Improvement Plan.

Council Member Schaller left the meeting at 11:00 a.m.

Moved by Council Member Bixby, seconded by Council Member Legband to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 12:01 p.m.

I, Kimberly Volk, the undersigned City Clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; that such subjects were contained in said agenda 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 the members of the public; that the said minutes 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 meeting and the subjects to bediscussed at said meeting and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in whichsuch meeting was held.

Kimberly Volk, MMC, City Clerk

COMMUNITY DEVELOPMENT AGENCY MEETINGJanuary 27, 2015 - draft

7:00 p.m.

The Chair called the meeting to order and stated a copy of the open meeting law is postedcontinually for public inspection located near the entrance door by the agendas. Roll callshowed Members Bixby, Johnson, Legband, Anderson, Eairleywine, Landholm, Schaller and Kuhns present – 8 present.

Moved by Member Anderson, seconded by Member Schaller to open the public hearing on amendment to the 23rd and Bell Redevelopment Plan and Cost Benefit Analysis for 23rd and Yager Hotel Redevelopment project. Roll call vote: 8 ayes. Motion carried.

Tom Huston, City retained attorney, stated the items on the agenda relate to the 23rd and Yager Hotel Project and explained that a couple of structural items need to be in place to comply with the Community Development Law. He further stated the proposed amendment to the City’s redevelopment plan is necessary because the plan is generic. It is recommended to go back and amend the redevelopment plan to include the specific projects. The specific project of 23rd and Yager Hotel project involves a 75 room, 4 story hotel with a parking lot, indoor pool, meeting room and fitness room at the 23rd and Yager redevelopment area. Mr. Huston stated the amendment incorporates the utilization of tax increment financing and that is why it is a major amendment to the redevelopment plan. A public hearing was held by the Planning Commission and they recommended approval.

Mr. Huston stated the second part of the resolution deals with the cost benefit analysis. He explained that the cost benefit analysis is one of the safeguards in the Community Development Law that enables communities to take a snapshot of a project to make sure that, in regards to a cost perspective and a benefit perspective, the benefits outweigh the cost. He explained further that there is a diversion of real estate taxes because that is the very nature of tax increment financing. The approach taken for the calculations to see how the tax increment should be sized is usually very conservative with a couple of assumptions. First assumption is face value: how much was the redevelopment site taxed or assessed for tax purposes as of January 1st of the given year? For thispurpose, it is assumed 2015. There is also a requirement to make a projection of how much will the property be valued once the construction is completed on the project. For this project, Mr. Huston estimated the face value of approximately $250,000 but is seeking confirmation from the Dodge County Assessor. Mr. Huston feels the completed project will have an estimated value at $4,050,000. He stated he compared other hotels and other cities from Seward to Omaha and found a range of approximately $47,000 per room on the low end to approximately $67,000 per room on the high end. Mr. Huston stated $54,000 per room on the planned 75 room project was used to come to acompleted valuation estimate of $4,050,000. The estimated tax increment base value would be $3,850,000 with a projected tax shift of $76,000 per year. He stated attached to the cost benefit analysis is a breakdown of eligible uses for the tax increment financing as provided for by Community Development Law. Mr. Huston relayed the agreement has risks that have been identified such as the estimates are wrong or the tax levy could change. He pointed out to the Members that it is not a risk for the Community Development Agency or the City of Fremont but for the developer. He further stated the Community Development Agency and City of Fremont act a conduit for the financing.

Mr. Huston stated he is working with the developer on the redevelopment agreement with a target date of February 10th, 2015 for the Community Development Agency and the City of Fremont to consider.

Member Johnson inquired if the appraisal came in at $3,000,000 instead of $4,000,000 does the City bear any risk. Mr. Huston responded that it will be clearly spelled out in the redevelopment agreement that the developer is responsible for making a payment in lieu of the taxes not received to the Community Development Agency to pay the debt service.

Member Johnson asked if there was a risk that the developer might not be able to make that payment in lieu. Mr. Huston stated there is some risk but that the debt instrument makes it very clear that the Community Development Agency is only pledging any received taxes so they disclaim any direct responsibility by the City of Fremont or the Community Development Agency. The risk is really between the developer and its lender.

Member Johnson asked if the Holiday Inn Express was used as a comparable. Mr. Huston responded that the age of the hotel discounted it a little bit and therefore was not used.

Member Johnson inquired if the estimated $4,050,000 figure came from Mr. Huston’s experience, research and study. Mr. Huston stated yes and that the Dodge County Assessor agreed the project would be valued more on the lower end of the range of the hotels studied.

Member Johnson asked if Mr. Huston would have definite numbers from the Dodge County Assessor for February 10th. Mr. Huston stated he had hoped to have them tonight but felt with a reasonable assumption he would definitely have information from the Dodge County Assessor for the February 10th meeting.

Moved by Member Schaller, seconded by Member Kuhns to receive and file pamphlet as distributed by Mike Works, Lincoln Hotel Group. Roll call: 8 ayes. Motion carried.

Mike Works, Lincoln Hotel Group, representing the developer, stated the project is a Fairfield Inn and Suites with 75 rooms and 4 stories. He further stated he has been looking to develop in Fremont for about 15 years and he talked to Paul Gifford and Dave Mitchell and that this proposed project has worked out. He stated that it is a nice market, not amazing, but a great location. He further stated he would like to see the Mall improve as well and that Yager Road might get straightened out with the development going on. Construction on the hotel will start late spring and open by spring 2016.

There being no further testimony, moved by Member Anderson, seconded by Member Eairleywine to close the public hearing on amendment to the 23rd and Bell Redevelopment Plan and Cost Benefit Analysis for 23rd and Yager Hotel Redevelopment project. Roll call vote: 8 ayes. Motion carried.

Moved by Member Legband, seconded by Member Johnson to approve CDA Resolution 2015-001approving amendment to the 23rd and Bell Redevelopment Plan and cost benefit analysis for 23rd and Yager Hotel Redevelopment project. Roll call: 8 ayes. Motion carried.

Moved by Member Johnson, seconded by Member Kuhns to authorize the Mayor to sign a letter of support to be sent to the Nebraska Investment Finance Authority for application of senior housing project on behalf of Fountain Springs Estates, LLC. Roll call: 8 ayes. Motion carried.

Moved by Member Schaller, seconded by Member Landholm to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:15 p.m.

CITY COUNCIL MEETINGJanuary 27, 2015 - draft

7:00 p.m.

The Mayor called the meeting to order and stated a copy of the open meeting law is postedcontinually for public inspection located near the entrance door by the agendas. Roll call showedCouncil Members Bixby, Johnson, Legband, Anderson, Eairleywine, Landholm, Schaller and Kuhns present – 8 present.

Moved by Council Member Eairleywine, seconded by Council Member Johnson to open the public hearing on the One and Six Year Street Improvement Plan. Roll call vote: 8 ayes. Motion carried.

Council Member Schaller stated he wants to see work continue on the trail systems and would like to see work done sooner rather than later on establishing quite zones.

Council Member Anderson stated he wants to see the continuance of repairing 1st Street as has been done in the past and wants the 1st Street extension out to Johnson Road completed.

There being no further testimony, moved by Council Member Anderson, seconded by Council Member Schaller to close the public hearing. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Kuhns, seconded by Council Member Eairleywine to approve Resolution No. 2015-008 adopting the One and Six Year Street Improvement Plan. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Eairleywine, seconded by Council Member Bixby to open the public hearing on the amendment to the 23rd and Bell Redevelopment Plan and Cost Benefit Analysis for 23rd & Yager Hotel Redevelopment project. Roll call vote: 8 ayes. Motion carried.

Tom Huston, City retained attorney, stated the Community Development Law is unclear if both the Community Development Agency and the City Council need to conduct a public hearing and adopt the amended redevelopment plan and cost benefit analysis so that is why both are considering the same items.

There being no further testimony, moved by Council Member Schaller, seconded by Council Member Kuhns to close the public hearing. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Johnson, seconded by Council Member Anderson to approve Resolution No. 2015-009 approving the amendment to the 23rd and Bell Redevelopment Plan and cost benefit analysis for 23rd and Yager Hotel Redevelopment project. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Kuhns, seconded by Council Member Landholm to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.

• Dispense with and approve January 13, 2015 minutes

• January 14 - 27, 2015 claims

• Resolution No. 2015-010 granting permission to consume alcohol on City property for Risa Daubert, City Auditorium, March 7, 2015, cancer benefit; Roger Charette, City Auditorium, March 21, 2015, KHUB polka dance; Randi Pohlmeier, City Auditorium, October 3, 2015, wedding reception

• Resolution No. 2015-011 approving purchase off of State contract from Sid Dillon Incorporated in the amount of $40,935 one new crew cab truck for Street Department

• Resolution No. 2015-012 awarding bid to Municipal Emergency Service in the amount of $29,133.29 for five new Self-Contained Breathing Apparatus

• Park and Recreation Board reappointment of Wendy Eairleywine and appointment of Connie Giese for three year terms ending January 2018.

• Resolution No. 2015-013 approving Special Designated Liquor Permit application for Fremont Cosmopolitan 100 Club, 929 N Broad, March 21, 2015, dance; Rise’s Drive-In Liquor, 1730 West 16th, February 27, 2015, reception; Rise’s Drive-In Liquor, 700 East 10th, March 28, 2015, fundraiser; Rise’s Drive-In Liquor, 925 North Broad, April 25, 2015, reception; Rise’s Drive-In Liquor, 541 North Broad, August 1, 2015, reception; Whis’s End Zone Lounge. 925 North Broad, March 7, 2015, dance/fundraiser; Whis’s End Zone Lounge, 1710 West 16th, March 28, 2015, banquet

• Resolution No. 2015-014 to accept and award bid to Grunwald Mechancial Contractor in the amount of $621,610 for Administration Building Chiller Replacement

• Resolution No. 2015-15 to accept and award bid to Alstom Grid Incorporated in the amount of $332,550 for 72.5 KV Breakers

• Cement worker application for Wayne George and Elkhorn Valley Contractors LLC

• Resolution No. 2015-016 awarding bid to Incredible Enterprises LLC in the amount of 5% total gross sales for Splash Station Concession Center Operations

• Reappointment of Bob Missel and Richard Register to Downtown Improvement District Board for five year terms ending February 2020

• Reappointment of Tom Winter, Skip Sawyer, Dr. Richard Seitz and Dan Martinez to theHousing Advisory and Appeals Board for three year terms ending January 2018

• Receive and file 2014 Fremont Street Department Annual Report

• Resolution No. 2015-017 for closure of Runway 1-19 and re-designation as a taxiway at Fremont Municipal Airport

• Receive and file audit ending September 30, 2014 by HSMC Orizon

• Balance Sheet by fund and Statements of Revenues and Expenditures for December 2014

• Daniel Boyd request to construct a covered deck at 645 S Ridge Road, #14 Summerhaven Lake

• W.A.D. Investments, LLC and Smith & Bloemker Holdings, LLC request to preliminary plat W.A.D. Subdivision, made up of TL 45 and parts of TL 43 and 44, 9-17-8

• Resolution No. 2015-018 approving W.A.D. Investments, LLC and Smith & Bloemker Holdings, LLC request to final plat W.A.D. Subdivision, made up of TL 45 and parts of TL 43 and 44, 9-17-8

The City Clerk gave the second reading, by title only, of an Ordinance amending FMC Chapter Two -Election Wards and Districts; Chapter Three - Fire Department; Chapter Six - Graffiti Vandalism and Defacement, Sexual Predator, Illegal Immigration; Chapter Seven - Fire Department. Motion by Council Member Schaller to amend 7-301 (J: Discharge of Fireworks) by adding New Years Eve from 8 a.m. to midnight died for lack of second. The third reading will be at the next regular Council meeting.

Moved by Council Member Kuhns, seconded by Council Member Schaller to approve Resolution No. 2015-019 approving Bill and Kristin Hubbell and Eric Johnson request to replat part of Lot 2, Block 10 Nye-Hawthorne Addition. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Bixby, seconded by Council Member Landholm to introduce an Ordinance approving Yvonne Leuschen request to rezone TL 44, 14-17-8 and TL 4, 15-17-8 from CC –Community Commercial to R-2 Moderate-Density Residential. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be at the next regular Council meeting.

Moved by Council Member Kuhns, seconded by Council Member Schaller to introduce an Ordinance approving Rick and Mary Coates request to rezone TL 43, 14-17-8 and TL 3, 15-17-8 from CC –Community Commercial to R-2 Moderate-Density Residential. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be at the next regular Council meeting.

Moved by Council Member Schaller, seconded by Council Member Anderson to receive and file documents as presented by Melissa Petersen regarding Victory Lake Marine, Inc. request for conditional use permit to construct oversized building to be used for long term vehicle storage in RL Zoning District at 2450 West Military Avenue. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Schaller, seconded by Council Member Kuhns to receive and file documents as presented by Ron Vlach regarding Victory Lake Marine, Inc. request for conditional use permit to construct oversized building to be used for long term vehicle storage in RL Zoning District at 2450 West Military Avenue. Roll call vote: 8 ayes. Motion carried.

Moved by Council Member Schaller, seconded by Council Member Johnson to deny the request of Victory Lake Marine, Inc. for conditional use permit to construct oversized building to be used for long term vehicle storage in RL Zoning District 2450 West Military Avenue. Roll call vote: 7 ayes, 1 nay (Bixby). Motion carried.

Moved by Council Member Anderson, seconded by Council Member Eairleywine to introduce Ordinance conveying Lot 3, Fremont Technology Park, part of Outlot A to Neutral Path LLC. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only. Moved by Council Member Johnson, seconded by Council Member Eairleywine to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 8 ayes. Ordinance No. 5328 passed.

The Mayor announced the next meeting would be February 10, 2015 at 7:00 p.m.

Moved by Council Member Anderson, seconded by Council Member Landholm to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:02 p.m.

I, Kimberly Volk, the undersigned City Clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; that such subjects were contained in said agenda 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 the members of the public; that the said minutes 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 meeting and the subjects to bediscussed at said meeting and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in whichsuch meeting was held.

Kimberly Volk, MMC, City Clerk

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Jody Sanders, Director of Finance DATE: February 5, 2015

SUBJECT: Claims

Recommendation: Move to approve January 28 through February 10, 2015 claims and authorize checks to be drawn on the proper accounts.

Background: Council will review claims via email February 5, 2015. Fiscal Impact: Claims total $ 803,069.50.

#5

PREPARED 01/28/2015, 8:59:52 EXPENDITURE APPROVAL LIST PAGE 1PROGRAM: GM339L AS OF: 01/29/2015 CHECK DATE: 01/28/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0006318 00 ACSI20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 185.24

VENDOR TOTAL * 185.240000584 00 CEI20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY EFT: 109,612.05

VENDOR TOTAL * .00 109,612.050004234 00 DEPARTMENT OF UTILITIES C S20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY EFT: 1,677.99

VENDOR TOTAL * .00 1,677.990005193 00 DEPARTMENT OF UTILITIES PAYROLL20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY EFT: 50,053.39

VENDOR TOTAL * .00 50,053.390003226 00 FRATERNAL ORDER OF POLICE #3720150115 PR0115 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 900.0020150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 900.00

VENDOR TOTAL * 1,800.000004629 00 INTERNAL REVENUE SERVICE **EFT**20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 66,667.82

VENDOR TOTAL * 66,667.820003074 00 JACKSON SERVICES INC20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 123.52

VENDOR TOTAL * 123.520005477 00 LAUGHLIN TRUSTEE, KATHLEEN A20150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 735.00

VENDOR TOTAL * 735.000003205 00 NEBR PUBLIC EMPLOYEES LOCAL 25120150115 PR0115 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 400.0020150129 PR0129 00 01/29/2015 001-0000-201.00-00 PAYROLL SUMMARY 400.00

VENDOR TOTAL * 800.00

00 General Fund BANK TOTAL * 70,311.58 161,343.43

PREPARED 01/28/2015, 8:59:52 EXPENDITURE APPROVAL LIST PAGE 2PROGRAM: GM339L AS OF: 01/29/2015 CHECK DATE: 01/28/2015City of FremontEmployee Benefits BANK: 01------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005708 00 REGIONAL CARE INC01/26/15 MANUAL000186 01 01/26/2015 060-0660-441.70-01 01/26/15 AUTO CLAIMS CHECK #: 100603 2,671.97

VENDOR TOTAL * .00 2,671.97

01 Employee Benefits BANK TOTAL * .00 2,671.97

HAND ISSUED TOTAL *** 2,671.97

EFT/EPAY TOTAL *** 161,343.43

TOTAL EXPENDITURES **** 70,311.58 164,015.40GRAND TOTAL ******************** 234,326.98

PREPARED 02/02/2015, 13:42:24 EXPENDITURE APPROVAL LIST PAGE 1PROGRAM: GM339L AS OF: 01/31/2015 CHECK DATE: 01/31/2015City of FremontEmployee Benefits BANK: 01------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005708 00 REGIONAL CARE INC01/28/15 MANUAL000188 01 01/28/2015 060-0660-441.70-01 01/28/15 MANUAL CLAIMS CHECK #: 100604 35,430.8201/28/15 MANUAL000189 01 01/28/2015 060-0660-391.00-00 01/28/15 COBRA CHECK #: 100604 1,380.00-

VENDOR TOTAL * .00 34,050.82

01 Employee Benefits BANK TOTAL * .00 34,050.82

HAND ISSUED TOTAL *** 34,050.82

TOTAL EXPENDITURES **** .00 34,050.82GRAND TOTAL ******************** 34,050.82

AJ WITHDRAWAL WITHDRAWALGROUP NO VENDOR NAME DATE ACCOUNT NO ITEM DESCRIPTION AMOUNT

1266 TSYS MERCHANT SOLUTIONS 02/03/15 001-1003-415.20-99 CREDIT CARD FEES 81.631266 TSYS MERCHANT SOLUTIONS 02/03/15 001-1003-415.20-99 CREDIT CARD FEES 109.051266 TSYS MERCHANT SOLUTIONS 02/03/15 001-2029-451.20-99 CREDIT CARD FEES 55.261266 TSYS MERCHANT SOLUTIONS 02/03/15 001-2042-440.20-99 CREDIT CARD FEES 0.03

TOTAL EXPENDITURES 245.97

CITY OF FREMONT ELECTRONIC WITHDRAWAL LIST

FOR CITY COUNCIL MEETING: 02/10/15

M:\Accounts Payable\City\Electronic Withdrawal List\02-10-15

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 1PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0000957 00 AAA GARAGE DOOR INC14009063 PI2470 031139 00 02/11/2015 001-2026-451.20-60 GENERAL 99.0014009055 PI2450 031088 00 02/11/2015 001-2027-452.20-60 GENERAL 228.0014009055 PI2451 031088 00 02/11/2015 001-2027-452.30-49 GENERAL 466.26

VENDOR TOTAL * 793.260000959 00 ACE HARDWARE84712/3 PI2371 030468 00 02/11/2015 001-1013-432.30-79 BLANKET PURCHASE ORDER 17.4784567/3 PI2366 030468 00 02/11/2015 001-1206-422.30-79 BLANKET PURCHASE ORDER 19.9284657/3 PI2370 030468 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 6.4884653/3 PI2477 030468 00 02/11/2015 001-2027-452.30-33 BLANKET PURCHASE ORDER 199.9884611/3 PI2248 030468 00 02/11/2015 001-2031-455.30-49 BLANKET PURCHASE ORDER 2.9984576/3 PI2367 030468 00 02/11/2015 001-2042-440.30-49 BLANKET PURCHASE ORDER 11.9984626/3 PI2368 030468 00 02/11/2015 012-2025-431.30-32 BLANKET PURCHASE ORDER 16.9884626/3 PI2369 030468 00 02/11/2015 012-2025-431.30-79 BLANKET PURCHASE ORDER 14.9984678/3 PI2478 030468 00 02/11/2015 012-2025-431.30-33 BLANKET PURCHASE ORDER 34.9984688/3 PI2479 030468 00 02/11/2015 012-2025-431.30-79 BLANKET PURCHASE ORDER 23.40

VENDOR TOTAL * 349.190002952 00 ALAMAR UNIFORMS466761-02 PI2521 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 562.99466755-02 PI2522 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 517.99466755-03 PI2523 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 71.55466757-01 PI2524 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 12.99466757-02 PI2525 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 519.99466761-01 PI2526 030968 00 02/11/2015 001-1209-421.30-52 GENERAL 23.74467670 PI2527 031028 00 02/11/2015 001-1209-421.20-11 GENERAL 6.25467670 PI2528 031028 00 02/11/2015 001-1209-421.30-68 GENERAL 65.00469779 PI2539 031126 00 02/11/2015 001-1209-421.30-52 GENERAL 58.94

VENDOR TOTAL * 1,839.440000964 00 ALL METALS MARKET21359 PI2541 031140 00 02/11/2015 012-2025-431.30-63 FIELD PURCHASE ORDER 358.00

VENDOR TOTAL * 358.000000983 00 ARPS RED-E-MIX INC9075 PI2372 030470 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 314.509085 PI2480 030470 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 214.009091 PI2481 030470 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 190.009123 PI2482 030470 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 179.009130 PI2483 030470 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 203.50

VENDOR TOTAL * 1,101.000006448 00 ARROW INTERNATIONAL INC92816545 PI2456 031095 00 02/11/2015 001-1206-422.30-33 GENERAL 1,110.78

VENDOR TOTAL * 1,110.780006472 00 ASSOC OF STATE FLOODPLAIN MGRS34765 SIMON PI2549 031186 00 02/11/2015 001-1004-424.20-93 GENERAL 130.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 2PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0006472 00 ASSOC OF STATE FLOODPLAIN MGRS

VENDOR TOTAL * 130.000003993 00 AUDIO VIDEO SPECIALIST10997 PI2439 031016 00 02/11/2015 001-2031-455.40-90 GENERAL 3,785.00

VENDOR TOTAL * 3,785.000002763 00 BAKER & TAYLOR BOOKS2030166229 PI2337 030568 00 02/11/2015 001-2031-455.30-51 GENERAL 290.052030169869 PI2338 030568 00 02/11/2015 001-2031-455.30-51 GENERAL 482.272030182052 PI2339 030568 00 02/11/2015 001-2031-455.30-51 GENERAL 1,704.27

VENDOR TOTAL * 2,476.590003423 00 BAKER & TAYLOR ENTERTAINMENTM63023020 PI2347 030604 00 02/11/2015 001-2031-455.30-51 GENERAL 126.60

VENDOR TOTAL * 126.600003013 00 BARCO MUNICIPAL PRODUCTS INCIN-214310 PI2442 031027 00 02/11/2015 012-2025-431.30-76 FIELD PURCHASE ORDER 3,609.00

VENDOR TOTAL * 3,609.000004311 00 BAUER BUILT INC880035961 PI2373 030472 00 02/11/2015 001-1209-421.20-60 BLANKET PURCHASE ORDER 4.00880035961 PI2374 030472 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 127.43880036120 PI2484 030472 00 02/11/2015 012-2025-431.20-60 BLANKET PURCHASE ORDER 42.00880036120 PI2485 030472 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 17.50880036054 PI2542 031145 00 02/11/2015 012-2025-431.30-56 FIELD PURCHASE ORDER 390.50

VENDOR TOTAL * 581.430006158 00 BLUEGLOBES LLCFET-19777 PI2356 031130 00 02/11/2015 029-2034-466.30-79 FIELD PURCHASE ORDER 146.94

VENDOR TOTAL * 146.940004035 00 BOMGAARS SUPPLY INC16018754 PI2486 030474 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 59.5716018956 PI2487 030474 00 02/11/2015 001-2027-452.30-64 BLANKET PURCHASE ORDER 69.99-16019720 PI2488 030474 00 02/11/2015 001-2027-452.30-64 BLANKET PURCHASE ORDER 43.9816019696 PI2375 030474 00 02/11/2015 012-2025-431.30-33 BLANKET PURCHASE ORDER 16.4816019696 PI2376 030474 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 24.561617169 PI2377 030474 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 71.39

VENDOR TOTAL * 145.990002414 00 BOUND TREE MEDICAL LLC81678899 PI2544 031150 00 02/11/2015 001-1206-422.30-33 GENERAL 389.50

VENDOR TOTAL * 389.500003427 00 BRODART COB3769631 PI2335 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 679.82B3770806 PI2336 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 473.86

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 3PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0003427 00 BRODART COB3772099 PI2413 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 215.06B3774683 PI2414 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 318.05B3774702 PI2415 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 250.35B3775897 PI2416 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 290.66B3777312 PI2417 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 120.23B3778487 PI2418 030567 00 02/11/2015 001-2031-455.30-51 GENERAL 236.06

VENDOR TOTAL * 2,584.090002156 00 BSN SPORTS INC96633607 PI2448 031080 00 02/11/2015 001-2029-451.20-99 GENERAL 15.0096633607 PI2449 031080 00 02/11/2015 001-2029-451.30-33 GENERAL 105.98

VENDOR TOTAL * 120.989999999 00 CAHUANA, MILITZA109803 CAHUANA 000194 00 02/11/2015 001-0000-202.04-00 MILITZA CAHUANA/CF MTG RM 50.00

VENDOR TOTAL * 50.000003692 00 CAREERTRACK041015 BERNT PI2464 031107 00 02/11/2015 001-1206-422.20-13 GENERAL 249.00

VENDOR TOTAL * 249.000002675 00 CENTURYLINK (QWEST)4027211613 0115PI2261 030514 00 02/11/2015 001-1011-419.20-12 BLANKET PURCHASE ORDER 212.884027272664 0115PI2264 030514 00 02/11/2015 001-1011-419.20-12 BLANKET PURCHASE ORDER 109.834027272720 0115PI2265 030514 00 02/11/2015 001-1013-432.20-12 BLANKET PURCHASE ORDER 16.344027272630 0115PI2262 030514 00 02/11/2015 001-1015-415.20-12 BLANKET PURCHASE ORDER 1,430.344027279926 0115PI2267 030514 00 02/11/2015 001-1015-415.20-12 BLANKET PURCHASE ORDER 44.134027272630 0115PI2263 030514 00 02/11/2015 012-2025-431.20-12 BLANKET PURCHASE ORDER 41.564027279135 0115PI2266 030514 00 02/11/2015 029-2034-466.20-12 BLANKET PURCHASE ORDER 94.24

VENDOR TOTAL * 1,949.320006208 00 CHANNING BETE COMPANY INC52902490 PI2454 031091 00 02/11/2015 001-2029-451.20-99 GENERAL 14.4352902490 PI2455 031091 00 02/11/2015 001-2029-451.30-79 GENERAL 160.35

VENDOR TOTAL * 174.780002356 00 CHIEF SUPPLY CORP203220 PI2460 031102 00 02/11/2015 001-1209-421.30-79 GENERAL 104.85

VENDOR TOTAL * 104.850001024 00 CHRISTENSEN LUMBER INCCLC00262009-001PI2378 030476 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 72.00

VENDOR TOTAL * 72.009999999 00 CONSTRUCTION EMPLOYERS ASSOC109832 CONS EMP000196 00 02/11/2015 001-0000-202.04-00 CONSTRUCTION EMP/C FIELD 500.00109832 CONS EMP000195 00 02/11/2015 001-2026-347.05-00 CONSTRUCTION EMP/C FIELD 50.00

VENDOR TOTAL * 550.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 4PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0002915 00 CREDIT BUREAU SERVICES INC282260 PI2341 030580 00 02/11/2015 001-1209-421.20-99 BLANKET PURCHASE ORDER 4.00284200 PI2342 030580 00 02/11/2015 001-1209-421.20-99 BLANKET PURCHASE ORDER 45.50286050 PI2343 030580 00 02/11/2015 001-1209-421.20-99 BLANKET PURCHASE ORDER 4.00287920 PI2344 030580 00 02/11/2015 001-1209-421.20-99 BLANKET PURCHASE ORDER 4.00

VENDOR TOTAL * 57.500001643 00 CULLIGAN OF OMAHA885627 PI2432 030812 00 02/11/2015 001-1209-421.20-99 GENERAL 35.50

VENDOR TOTAL * 35.500002897 00 DIERS INC333393 PI2467 031128 00 02/11/2015 001-1209-421.20-60 FIELD PURCHASE ORDER 1,100.00333393 PI2468 031128 00 02/11/2015 001-1209-421.30-63 FIELD PURCHASE ORDER 244.60112984P PI2489 030480 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 126.40112993P PI2490 030480 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 2.95112997P PI2491 030480 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 6.05-

VENDOR TOTAL * 1,467.900003410 00 DODD ENGINEERING & SURVEYING LLC2039-A PI2361 027871 00 02/11/2015 012-2032-431.45-20 FIELD PURCHASE ORDER 500.002039-B PI2362 027872 00 02/11/2015 012-2032-431.45-20 GENERAL 241.752039 PI2363 027873 00 02/11/2015 012-2032-431.45-20 FIELD PURCHASE ORDER 258.502039-C PI2364 027874 00 02/11/2015 012-2032-431.45-20 GENERAL 241.75

VENDOR TOTAL * 1,242.000001070 00 DODGE COUNTY REGISTER OF DEEDS201500274 PI2406 030515 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 10.00201500275 PI2407 030515 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 10.00201500326 PI2268 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.00201500327 PI2269 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 22.00201500350 PI2270 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.00201500351 PI2271 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 28.00201500276 PI2408 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.00201500277 PI2409 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 16.00201500278 PI2410 030515 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.00

VENDOR TOTAL * 126.000004221 00 DULTMEIER SALES3031540 PI2520 030851 00 02/11/2015 012-2025-431.40-50 FIELD PURCHASE ORDER 5,997.00

VENDOR TOTAL * 5,997.000001091 00 EMANUEL PRINTING INC9801 A PI2535 031106 00 02/11/2015 001-1004-424.30-35 GENERAL 100.00

VENDOR TOTAL * 100.000006149 00 ENGINEERED CONTROLS INC39205 PI2474 031164 00 02/11/2015 001-2031-455.20-65 GENERAL 1,970.00

VENDOR TOTAL * 1,970.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 5PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0002050 00 FASTENAL COMPANYNEFRE122647 PI2381 030483 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 26.98NEFRE122629 PI2379 030483 00 02/11/2015 012-2025-431.30-76 BLANKET PURCHASE ORDER 21.62NEFRE122630 PI2380 030483 00 02/11/2015 012-2025-431.30-76 BLANKET PURCHASE ORDER 228.60

VENDOR TOTAL * 277.200004256 00 FIRST NATIONAL BANK76109601 0115 PI2559 031192 00 02/11/2015 018-0418-490.20-99 FIELD PURCHASE ORDER EFT: 450.00

VENDOR TOTAL * .00 450.000003360 00 FREMONT AVIATIONJAN 2015 PI2519 030829 00 02/11/2015 029-2034-466.20-99 FIELD PURCHASE ORDER 1,023.00

VENDOR TOTAL * 1,023.000001112 00 FREMONT ELECTRIC INC34508 PI2424 030701 00 02/11/2015 001-2027-452.20-60 BLANKET PURCHASE ORDER 82.5034508 PI2425 030701 00 02/11/2015 001-2027-452.30-48 BLANKET PURCHASE ORDER 93.63

VENDOR TOTAL * 176.130001124 00 FREMONT PRINTING CO14228 PI2445 031051 00 02/11/2015 001-1003-415.30-35 GENERAL 54.8514231 PI2534 031093 00 02/11/2015 001-1209-421.30-35 GENERAL 46.85

VENDOR TOTAL * 101.700001125 00 FREMONT PUBLIC SCHOOLSJAN 15 TOBACCO 000197 00 02/11/2015 001-0000-208.00-00 JAN 15 TOBACCO 105.00

VENDOR TOTAL * 105.000001131 00 FREMONT TRIBUNE74916 PI2275 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 6.2274923 PI2276 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674924 PI2277 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974925 PI2278 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674926 PI2279 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974927 PI2280 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674928 PI2281 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974929 PI2282 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674930 PI2283 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674931 PI2284 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974932 PI2285 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674933 PI2286 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674934 PI2287 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674935 PI2288 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674936 PI2289 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674937 PI2290 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674938 PI2291 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674939 PI2292 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674940 PI2293 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674941 PI2294 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.16

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 6PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0001131 00 FREMONT TRIBUNE74942 PI2295 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674943 PI2296 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 8.8474944 PI2297 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674945 PI2298 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674946 PI2299 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 8.8474947 PI2300 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974948 PI2301 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674949 PI2302 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674949 PI2303 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 8.8474950 PI2304 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974951 PI2305 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674961 PI2313 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 49.4274965 PI2314 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.1674966 PI2315 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 9.4974987 PI2328 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 6.8775005 PI2330 030517 00 02/11/2015 001-1003-415.20-33 BLANKET PURCHASE ORDER 43.0175004 PI2329 030517 00 02/11/2015 001-1209-421.20-33 BLANKET PURCHASE ORDER 4.5874913 PI2273 030517 00 02/11/2015 001-1305-430.20-33 BLANKET PURCHASE ORDER 3.9374982 PI2325 030517 00 02/11/2015 001-1305-430.20-33 BLANKET PURCHASE ORDER 3.9374895 PI2272 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.8074914 PI2274 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 41.1274954 PI2306 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 11.4574955 PI2307 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 11.4574956 PI2308 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.8074957 PI2309 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 11.1374958 PI2310 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 11.1374959 PI2311 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.8074960 PI2312 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 10.4774971 PI2316 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274972 PI2317 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274973 PI2318 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274974 PI2319 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274975 PI2320 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274976 PI2321 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274977 PI2322 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.4974986 PI2327 030517 00 02/11/2015 001-2024-416.20-33 BLANKET PURCHASE ORDER 9.8274984 PI2326 030517 00 02/11/2015 012-2032-431.45-20 BLANKET PURCHASE ORDER 25.1674980 PI2323 030517 00 02/11/2015 024-0772-490.20-33 BLANKET PURCHASE ORDER 4.2574981 PI2324 030517 00 02/11/2015 024-0772-490.20-33 BLANKET PURCHASE ORDER 5.24

VENDOR TOTAL * 654.460006182 00 FREMONT TRUCK & AUTO PARTS INC159650 PI2382 030487 00 02/11/2015 001-1004-424.30-63 BLANKET PURCHASE ORDER 3.70159732 PI2466 031120 00 02/11/2015 001-1206-422.30-63 GENERAL 199.00160117 PI2473 031160 00 02/11/2015 001-1206-422.30-63 GENERAL 89.99159050 PI2249 030487 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 147.02159213 PI2251 030487 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 32.16159650 PI2383 030487 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 69.12

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 7PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0006182 00 FREMONT TRUCK & AUTO PARTS INC160144 PI2494 030487 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 24.99159825 PI2492 030487 00 02/11/2015 001-2027-452.30-63 BLANKET PURCHASE ORDER 70.82159145 PI2250 030487 00 02/11/2015 012-2025-431.30-33 BLANKET PURCHASE ORDER 23.62159238 PI2252 030487 00 02/11/2015 012-2025-431.30-79 BLANKET PURCHASE ORDER 95.88159246 PI2253 030487 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 40.56159561 PI2254 030487 00 02/11/2015 012-2025-431.30-44 BLANKET PURCHASE ORDER 25.74159583 PI2255 030487 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 85.31159760 PI2256 030487 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 22.02159777 PI2257 030487 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 22.21159798 PI2258 030487 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 29.55159669 PI2384 030487 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 14.39159699 PI2385 030487 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 212.77160129 PI2493 030487 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 44.50

VENDOR TOTAL * 1,253.350006263 00 GALE/CENGAGE LEARNING INC54248028 PI2433 030853 00 02/11/2015 001-2031-455.30-51 GENERAL 47.23

VENDOR TOTAL * 47.230001139 00 GERHOLD CONCRETE CO INC50367296 PI2386 030489 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 179.7550367580 PI2387 030489 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 306.2550367669 PI2388 030489 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 158.1350367803 PI2495 030489 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 146.50

VENDOR TOTAL * 790.639999999 00 GUSTAFSON, JALIE109884 GUSTAFSO000198 00 02/11/2015 001-0000-202.04-00 JALIE GUSTAFSON/CF MTG RM 50.00

VENDOR TOTAL * 50.000005530 00 HOMETOWN LEASING45783630 0315 PI2334 030530 00 02/11/2015 001-1015-415.20-70 BLANKET PURCHASE ORDER 195.00

VENDOR TOTAL * 195.000001920 00 HUSKER CHEM SALES0068997-IN PI2429 030716 00 02/11/2015 012-2025-431.30-32 FIELD PURCHASE ORDER 1,538.60

VENDOR TOTAL * 1,538.600001167 00 HY-VEE4724072485 PI2259 030490 00 02/11/2015 001-2031-455.30-41 BLANKET PURCHASE ORDER 12.524726488395 PI2260 030490 00 02/11/2015 001-2031-455.30-79 BLANKET PURCHASE ORDER 15.57

VENDOR TOTAL * 28.090006116 00 IES COMMERCIAL INC4050100-01 PI2531 031071 00 02/11/2015 029-2034-466.20-60 FIELD PURCHASE ORDER 292.504050100-01 PI2532 031071 00 02/11/2015 029-2034-466.30-48 FIELD PURCHASE ORDER 90.00

VENDOR TOTAL * 382.50

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 8PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0001687 00 INLAND TRUCK PARTS CO6-89042 PI2446 031062 00 02/11/2015 012-2025-431.30-63 FIELD PURCHASE ORDER 1,005.58

VENDOR TOTAL * 1,005.580000485 00 INTERSTATE BATTERY SYSTEM88113039 PI2423 030660 00 02/11/2015 001-1209-421.30-63 FIELD PURCHASE ORDER 104.29

VENDOR TOTAL * 104.290006471 00 IOWA ASSOC OF BUILDING OFFICIALS021915 SIMON PI2546 031170 00 02/11/2015 001-1004-424.20-13 GENERAL 120.00

VENDOR TOTAL * 120.000001176 00 JENSEN TIRE CO292223 PI2496 030491 00 02/11/2015 001-2027-452.20-60 BLANKET PURCHASE ORDER 20.00292223 PI2497 030491 00 02/11/2015 001-2027-452.30-63 BLANKET PURCHASE ORDER 3.73

VENDOR TOTAL * 23.730006274 00 JONES AUTOMOTIVE INC1-12389 PI2435 030927 00 02/11/2015 001-1209-421.20-60 GENERAL 522.501-12389 PI2436 030927 00 02/11/2015 001-1209-421.30-56 GENERAL 10.001-12411 PI2437 030927 00 02/11/2015 001-1209-421.20-60 GENERAL 380.001-12411 PI2438 030927 00 02/11/2015 001-1209-421.30-56 GENERAL 10.001-12454 PI2537 031125 00 02/11/2015 001-1209-421.20-60 GENERAL 95.001-12454 PI2538 031125 00 02/11/2015 001-1209-421.30-63 GENERAL 25.00

VENDOR TOTAL * 1,042.500005734 00 KEEP FREMONT BEAUTIFUL INC2015 CONTRACT PI2558 031191 00 02/11/2015 001-1015-415.30-99 BLANKET PURCHASE ORDER 6,000.00

VENDOR TOTAL * 6,000.000004542 00 KIMBALL MIDWEST3953716 PI2554 031017 00 02/11/2015 012-2025-431.30-32 FIELD PURCHASE ORDER 66.443953716 PI2555 031017 00 02/11/2015 012-2025-431.30-33 FIELD PURCHASE ORDER 65.333953716 PI2556 031017 00 02/11/2015 012-2025-431.30-63 FIELD PURCHASE ORDER 143.723953716 PI2557 031017 00 02/11/2015 012-2025-431.30-79 FIELD PURCHASE ORDER 30.86

VENDOR TOTAL * 306.359999999 00 KOCI, MIRANDA109838 KOCI 000199 00 02/11/2015 001-0000-202.04-00 MIRANDA KOCI/COMM ROOM 50.00

VENDOR TOTAL * 50.000002898 00 LARSEN INTERNATIONALT78661 PI2389 030494 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 416.80T78723 PI2390 030494 00 02/11/2015 012-2025-431.30-44 BLANKET PURCHASE ORDER 140.48T78727 PI2391 030494 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 28.09

VENDOR TOTAL * 585.370002654 00 LEAGUE ASSN OF RISK MANAGEMENT7618 PI2471 031152 00 02/11/2015 012-2025-431.20-47 BLANKET PURCHASE ORDER 12.81

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 9PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0002654 00 LEAGUE ASSN OF RISK MANAGEMENT7619 PI2472 031152 00 02/11/2015 012-2025-431.20-47 BLANKET PURCHASE ORDER 4.41-

VENDOR TOTAL * 8.400006212 00 MATHESON TRI-GAS INC10617527 PI2392 030495 00 02/11/2015 001-1206-422.30-32 BLANKET PURCHASE ORDER 49.0510637167 PI2393 030495 00 02/11/2015 001-1206-422.30-32 BLANKET PURCHASE ORDER 94.31

VENDOR TOTAL * 143.360006407 00 MATT FRIEND TRUCK EQUIPMENT INC0079564-IN PI2462 031105 00 02/11/2015 012-2025-431.30-63 FIELD PURCHASE ORDER 424.000079583-IN PI2463 031105 00 02/11/2015 012-2025-431.30-63 FIELD PURCHASE ORDER 21.00

VENDOR TOTAL * 445.000001229 00 MENARDS - FREMONT72654 PI2397 030497 00 02/11/2015 001-1206-422.30-79 BLANKET PURCHASE ORDER 3.8973209 PI2399 030497 00 02/11/2015 001-1206-422.30-79 BLANKET PURCHASE ORDER 43.7972723 PI2398 030497 00 02/11/2015 001-2027-452.30-69 BLANKET PURCHASE ORDER 98.7073089 PI2501 030497 00 02/11/2015 001-2027-452.20-99 BLANKET PURCHASE ORDER 15.8673089 PI2502 030497 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 159.9972548 PI2394 030497 00 02/11/2015 012-2025-431.30-33 BLANKET PURCHASE ORDER 37.0172548 PI2395 030497 00 02/11/2015 012-2025-431.30-49 BLANKET PURCHASE ORDER 63.3572508 PI2465 031113 00 02/11/2015 012-2025-431.30-49 FIELD PURCHASE ORDER 492.7572778 PI2498 030497 00 02/11/2015 012-2025-431.30-49 BLANKET PURCHASE ORDER 98.5672818 PI2499 030497 00 02/11/2015 012-2025-431.30-69 BLANKET PURCHASE ORDER 86.8573030 PI2500 030497 00 02/11/2015 012-2025-431.30-79 BLANKET PURCHASE ORDER 20.5472613 PI2396 030497 00 02/11/2015 029-2034-466.30-49 BLANKET PURCHASE ORDER 39.94

VENDOR TOTAL * 1,161.230004095 00 MIDWEST TAPE92505942 PI2340 030570 00 02/11/2015 001-2031-455.30-51 GENERAL 42.6892480459 PI2419 030570 00 02/11/2015 001-2031-455.30-51 GENERAL 187.9692516698 PI2420 030570 00 02/11/2015 001-2031-455.30-51 GENERAL 63.99

VENDOR TOTAL * 294.630000841 00 MOCIC63014-22535 PI2547 031178 00 02/11/2015 001-1209-421.20-93 GENERAL 200.00

VENDOR TOTAL * 200.000002421 00 MOORE MEDICAL LLC985017831 I PI2459 031097 00 02/11/2015 001-1206-422.30-33 GENERAL 337.78

VENDOR TOTAL * 337.780005038 00 MUNICIPAL EMERGENCY SERVICE-FREMONT00595684 PI2444 031041 00 02/11/2015 001-1206-422.30-56 GENERAL 450.3000597478 PI2543 031149 00 02/11/2015 001-1206-422.30-56 GENERAL 386.40

VENDOR TOTAL * 836.700003841 00 NATIONAIR AVIATION INSURANCE

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 10PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0003841 00 NATIONAIR AVIATION INSURANCE123014 PI2434 030866 00 02/11/2015 029-2034-466.20-47 BLANKET PURCHASE ORDER 315.00

VENDOR TOTAL * 315.000003437 00 NATL TRUST FOR HISTORIC40040719 120114PI2476 031166 00 02/11/2015 001-2031-455.20-93 GENERAL 30.00

VENDOR TOTAL * 30.000001999 00 NEBR ASSN OF PROPERTY AND EVIDENCE2015 EDWARDS PI2548 031185 00 02/11/2015 001-1209-421.20-93 GENERAL 25.00

VENDOR TOTAL * 25.000003794 00 NEBR CUSTOM COVER48031 PI2400 030499 00 02/11/2015 001-2027-452.20-60 BLANKET PURCHASE ORDER 251.50

VENDOR TOTAL * 251.500003977 00 NEBR DEPT OF REVENUE13392961 0115 PI2553 030834 00 02/11/2015 001-2029-451.20-99 BLANKET PURCHASE ORDER 3.82

VENDOR TOTAL * 3.820003368 00 NEBR LIBRARY COMMISSION022315 PARR PI2349 030691 00 02/11/2015 001-2031-455.20-13 GENERAL 10.00

VENDOR TOTAL * 10.000003460 00 NEBR PUBLIC HEALTH ENVIRONMENTAL459333 PI2431 030789 00 02/11/2015 001-1209-421.20-99 GENERAL 105.00

VENDOR TOTAL * 105.000001473 00 NMC EXCHANGE LLCCUI020771 PI2430 030775 00 02/11/2015 012-2025-431.30-56 FIELD PURCHASE ORDER 4,351.11

VENDOR TOTAL * 4,351.110006061 00 NTR CUSTOM METALS LLC17027 PI2401 030500 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 156.2017040 PI2504 030500 00 02/11/2015 001-2027-452.30-64 BLANKET PURCHASE ORDER 27.8017026 PI2503 030500 00 02/11/2015 012-2025-431.30-63 BLANKET PURCHASE ORDER 25.00

VENDOR TOTAL * 209.000001020 00 O'REILLY AUTOMOTIVE INC0397-258095 PI2505 030501 00 02/11/2015 001-1206-422.30-63 BLANKET PURCHASE ORDER 120.350397-254465 PI2402 030501 00 02/11/2015 001-1209-421.30-63 BLANKET PURCHASE ORDER 13.12

VENDOR TOTAL * 133.470002888 00 OFFICENET770105-0 PI2550 030531 00 02/11/2015 001-1004-424.20-70 BLANKET PURCHASE ORDER 36.34767456-0 PI2452 031089 00 02/11/2015 001-1209-421.30-31 GENERAL 453.77770105-0 PI2551 030531 00 02/11/2015 001-1305-430.20-70 BLANKET PURCHASE ORDER 36.35768256-0 PI2533 031090 00 02/11/2015 001-2029-451.30-31 GENERAL 58.28770222-0 PI2552 030531 00 02/11/2015 001-2029-451.20-70 BLANKET PURCHASE ORDER 72.08

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 11PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0002888 00 OFFICENET768870-0 PI2540 031138 00 02/11/2015 001-2031-455.30-31 GENERAL 887.55768642-0 PI2469 031135 00 02/11/2015 012-2025-431.20-60 FIELD PURCHASE ORDER 80.00

VENDOR TOTAL * 1,624.370001842 00 OMAHA TRACTOR INCKT3393 PI2428 030710 00 02/11/2015 012-2025-431.30-56 FIELD PURCHASE ORDER 105.84

VENDOR TOTAL * 105.840001625 00 OTIS ELEVATOR COMPANYCO65208215 PI2422 030585 00 02/11/2015 001-1209-421.20-65 BLANKET PURCHASE ORDER 139.04

VENDOR TOTAL * 139.040005144 00 PITNEY BOWES8363020-JA15 PI2353 030820 00 02/11/2015 001-2031-455.20-70 GENERAL 159.00

VENDOR TOTAL * 159.000002919 00 PLATTE VALLEY EQUIPMENT LLC165570 PI2506 030502 00 02/11/2015 001-1206-422.30-63 BLANKET PURCHASE ORDER 15.84

VENDOR TOTAL * 15.840006211 00 PRAIRIE MECHANICAL CORP19791 PI2475 031165 00 02/11/2015 001-2031-455.20-60 GENERAL 326.25

VENDOR TOTAL * 326.250006411 00 PROCHASKA & ASSOCIATES656 PI2365 030154 00 02/11/2015 001-1209-421.40-13 GENERAL 5,017.66

VENDOR TOTAL * 5,017.660001289 00 RADIOSHACK CORPORATION037506 PI2507 030503 00 02/11/2015 001-1206-422.30-79 BLANKET PURCHASE ORDER 3.49

VENDOR TOTAL * 3.490003505 00 RECORDED BOOKS INC75065740 PI2348 030607 00 02/11/2015 001-2031-455.30-51 GENERAL 157.13

VENDOR TOTAL * 157.130005088 00 RT PRINTING LLC012615 PI2354 031109 00 02/11/2015 001-2031-455.30-51 GENERAL 60.00

VENDOR TOTAL * 60.000001301 00 RUMPS FURNACE AND HARDWARE INC012315 PI2529 031036 00 02/11/2015 029-2034-466.20-60 FIELD PURCHASE ORDER 275.00012315 PI2530 031036 00 02/11/2015 029-2034-466.30-49 FIELD PURCHASE ORDER 100.00

VENDOR TOTAL * 375.009999999 00 SCA INC/BARONY MAG MOR109753 SCA INC 000200 00 02/11/2015 001-0000-202.04-00 SCA INC/C FIELD 100.00

VENDOR TOTAL * 100.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 12PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005532 00 SCHOLASTIC BOOK FAIRS172-0498 PI2359 031136 00 02/11/2015 001-2031-455.30-51 GENERAL 37.32

VENDOR TOTAL * 37.320003453 00 SCHULZ, NIDA012915 PI2536 031111 00 02/11/2015 001-2029-451.20-99 GENERAL 150.50

VENDOR TOTAL * 150.500003375 00 STATE OF NEBRASKA - CELLULAR916636 PI2333 030525 00 02/11/2015 001-1015-415.20-12 BLANKET PURCHASE ORDER 1,449.14

VENDOR TOTAL * 1,449.140005078 00 SUN LIFE FINANCIALFEB 2015 PI2512 030632 00 02/11/2015 060-0660-441.70-06 BLANKET PURCHASE ORDER 3,089.31FEB 2015 PI2513 030632 00 02/11/2015 060-0660-441.70-08 BLANKET PURCHASE ORDER 3,939.52

VENDOR TOTAL * 7,028.830002718 00 THOMSON REUTERS - WEST831122651 PI2352 030811 00 02/11/2015 001-1209-421.20-93 GENERAL 23.09

VENDOR TOTAL * 23.099999999 00 TIETGEN, LOUISE109804 TIETGEN 000201 00 02/11/2015 001-0000-202.04-00 LOUISE TIETGEN/COMM ROOM 50.00

VENDOR TOTAL * 50.000003598 00 TIME WARNER CABLE0113917 0215 PI2510 030526 00 02/11/2015 001-1011-419.20-12 BLANKET PURCHASE ORDER 105.72

VENDOR TOTAL * 105.720006063 00 TITAN MACHINERY INC (VICTORS)5340334 PI2403 030511 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 233.445345431 PI2404 030511 00 02/11/2015 012-2025-431.30-32 BLANKET PURCHASE ORDER 28.785345431 PI2405 030511 00 02/11/2015 012-2025-431.30-56 BLANKET PURCHASE ORDER 121.25115730 PI2461 031104 00 02/11/2015 012-2025-431.40-50 FIELD PURCHASE ORDER 7,000.00

VENDOR TOTAL * 7,383.470005179 00 TRACTOR SUPPLY CREDIT PLAN157594 PI2508 030512 00 02/11/2015 001-2027-452.30-49 BLANKET PURCHASE ORDER 249.98

VENDOR TOTAL * 249.980001350 00 TROPHY CASE916498 PI2443 031039 00 02/11/2015 063-0663-480.30-79 BLANKET PURCHASE ORDER 444.00

VENDOR TOTAL * 444.000005498 00 UNL EXTENSION021015 PI2545 031158 00 02/11/2015 001-2027-452.20-13 GENERAL 150.00

VENDOR TOTAL * 150.000005297 00 WADSWORTH CONTROL SYSTEMS INC

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 13PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontGeneral Fund BANK: 00------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005297 00 WADSWORTH CONTROL SYSTEMS INC39474 PI2440 031024 00 02/11/2015 001-2027-452.20-99 GENERAL 17.0039474 PI2441 031024 00 02/11/2015 001-2027-452.30-56 GENERAL 243.00

VENDOR TOTAL * 260.000003337 00 WASTE CONNECTIONS INC4190812 000193 00 02/11/2015 001-1013-432.20-21 JANUARY 2015 50,482.82

VENDOR TOTAL * 50,482.820005116 00 WIESE PLUMBING & EXCAVATING INC13756 PI2426 030702 00 02/11/2015 012-2025-431.20-60 BLANKET PURCHASE ORDER 100.0013756 PI2427 030702 00 02/11/2015 012-2025-431.30-49 BLANKET PURCHASE ORDER 68.60

VENDOR TOTAL * 168.600003999 00 WOODEN WINDMILL212775 PI2447 031073 00 02/11/2015 063-0663-480.30-41 BLANKET PURCHASE ORDER 2,760.00

VENDOR TOTAL * 2,760.000003339 00 WSI CORPORATIONINV00002155 PI2511 030528 00 02/11/2015 029-2034-466.20-99 BLANKET PURCHASE ORDER 582.00

VENDOR TOTAL * 582.000002387 00 ZOLL MEDICAL CORP2202753 PI2457 031096 00 02/11/2015 001-1206-422.30-33 GENERAL 186.752203912 PI2458 031096 00 02/11/2015 001-1206-422.30-33 GENERAL 420.00

VENDOR TOTAL * 606.75

00 General Fund BANK TOTAL * 138,531.19 450.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 14PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontEmployee Benefits BANK: 01------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005708 00 REGIONAL CARE INC02/02/15 MANUAL000190 01 02/02/2015 060-0660-441.70-01 02/02/15 AUTO CLAIMS CHECK #: 100605 3,406.2302/05/15 MANUAL000191 01 02/05/2015 060-0660-441.70-01 02/05/15 MANUAL CLAIMS CHECK #: 100606 174,311.3502/05/15 MANUAL000192 01 02/05/2015 060-0660-391.00-00 02/05/15 COBRA CHECK #: 100606 5,384.00-

VENDOR TOTAL * .00 172,333.58

01 Employee Benefits BANK TOTAL * .00 172,333.58

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 15PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontKeno Fund BANK: 04------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005069 00 ALMQUIST MALTZAHN GALLOWAY & LUTH006816-184847 PI2412 030537 04 02/11/2015 020-2066-490.60-12 FIELD PURCHASE ORDER 2,791.00

VENDOR TOTAL * 2,791.00

04 Keno Fund BANK TOTAL * 2,791.00

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 16PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontCDBG Clearing BANK: 08------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0003608 00 NORTHEAST NEBR ECONOMIC DEV DIST15610 PI2245 030140 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 1,000.0015595 PI2246 030411 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 366.4215608 PI2247 030412 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 30.0015550 PI2331 030521 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 60.0015578 PI2332 030521 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 250.0015600 PI2350 030767 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 120.0015603 PI2351 030767 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 2,108.8815606 PI2360 031155 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 600.00010815 101126 PI2509 030521 08 02/11/2015 031-0782-465.20-99 BLANKET PURCHASE ORDER 12,321.39

VENDOR TOTAL * 16,856.69

08 CDBG Clearing BANK TOTAL * 16,856.69

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 17PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontE911 BANK: 09------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0005837 00 AT&T4026440105 0115PI2355 031114 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 7.88

VENDOR TOTAL * 7.880001759 00 ATS "THE BEEPER PEOPLE"7022657 PI2421 030579 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 329.40

VENDOR TOTAL * 329.400002675 00 CENTURYLINK (QWEST)402D250400 0115PI2244 029537 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 825.344027272600 0115PI2514 030724 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 14.564027272600 0115PI2515 030724 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 76.434026440105 0115PI2517 030746 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 143.554026440105 0115PI2518 030746 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 1,650.79

VENDOR TOTAL * 2,710.670000930 00 GREAT PLAINS COMMUNICATIONS INC9926520001 0115PI2357 031131 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 32.379926520001 0115PI2358 031131 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 169.95

VENDOR TOTAL * 202.320004678 00 LANGUAGE LINE SERVICES3522098 PI2345 030583 09 02/11/2015 033-0789-421.20-99 BLANKET PURCHASE ORDER 18.27

VENDOR TOTAL * 18.270002888 00 OFFICENET767456-0 PI2453 031089 09 02/11/2015 033-0789-421.30-31 GENERAL 435.54

VENDOR TOTAL * 435.540006199 00 PREMIER STAFFING INC4971 PI2516 030731 09 02/11/2015 033-0789-421.20-35 BLANKET PURCHASE ORDER 60.00

VENDOR TOTAL * 60.000003375 00 STATE OF NEBRASKA - CELLULAR916686 PI2411 030525 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 768.00

VENDOR TOTAL * 768.000004196 00 WESTEL SYSTEMS4026542437 0115PI2346 030586 09 02/11/2015 033-0789-421.20-12 BLANKET PURCHASE ORDER 173.52

VENDOR TOTAL * 173.52

09 E911 BANK TOTAL * 4,705.60

HAND ISSUED TOTAL *** 172,333.58

EFT/EPAY TOTAL *** 450.00

TOTAL EXPENDITURES **** 162,884.48 172,783.58

PREPARED 02/05/2015, 9:25:24 EXPENDITURE APPROVAL LIST PAGE 18PROGRAM: GM339L AS OF: 02/11/2015 CHECK DATE: 02/11/2015City of FremontE911 BANK: 09------------------------------------------------------------------------------------------------------------------------------------VEND NO SEQ# VENDOR NAME EFT, EPAY OR

INVOICE VOUCHER P.O. BNK CHECK/DUE ACCOUNT ITEM CHECK HAND-ISSUEDNO NO NO DATE NO DESCRIPTION AMOUNT AMOUNT

------------------------------------------------------------------------------------------------------------------------------------

0000000 00GRAND TOTAL ******************** 335,668.06

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: KIMBERLY VOLK, CITY CLERK/TREASURER

DATE: FEBRUARY 5, 2015

SUBJECT: CONSUME ALCOHOL

Recommendation: Move to approve Resolution

Background: Per State Statute and City Code consumption of alcohol on public property must be approved bythe local government.

#6

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA, APPROVING CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY PROPERTY AS FOLLOWS: CHRISTENSEN FIELD (2/27/15; 4/10&11/15, 3/10/2015); FRIENDSHIP CENTER (3/14/2015); CHRISTENSEN FIELD INDOOR ARENA ( 4/10&11/15).

Requestor: Date: Purpose: City PropertyScott Swaney February 27, 2015 banquet Christensen FieldDavid Poppe March 14 2015 banquet Friendship CenterKevin Prinz April 10 & 11, 2015 fund raiser Christensen Field Indoor ArenaKevin Prinz April 10 & 11, 2015 fund raiser Christensen Field Main ArenaJennifer Greunke March 10, 2015 customer training Christensen Field Main Arena

PASSED AND APPROVED THIS ________ DAY OF __________________ , 2015

____________________________ Scott Getzschman,Mayor ATTEST:

____________________________Kimberly Volk, MMC, City Clerk

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: KIMBERLY VOLK, CITY CLERK/TREASURER

DATE: FEBRUARY 5, 2015

SUBJECT: SPECIAL DESIGNATED PERMITS

Recommendation: Move to approve Resolution

Background: Events will be monitored for compliance with all rules and regulations.

#7

RESOLUTION NO.

A Resolution of the City Council of the City of Fremont, Nebraska, approving Special Designated Permit applications for Archbishop Bergan Booster Club (2/20/15, 2/27/15, 3/6/15, 3/13/15, 3/20/15, 3/27/15); Rise’s Drive In Liquor (3/10/15).

RESOLVED: That the Fremont City Council approve the applications for a Special Designated permitas outlined herein:

Requester Property Date PurposeArchbishop Bergan Booster Club 431 North Union February 20, 2015 beer gardenArchbishop Bergan Booster Club 431 North Union February 27, 2015 beer gardenArchbishop Bergan Booster Club 431 North Union March 6, 2015 beer gardenArchbishop Bergan Booster Club 431 North Union March 13, 2015 beer gardenArchbishop Bergan Booster Club 431 North Union March 20, 2015 beer gardenArchbishop Bergan Booster Club 431 North Union March 27, 2015 beer gardenRise’s Drive In Liquor 1710 West 16th March 10, 2014 reception

PASSED AND APPROVED THIS ______ DAY OF ______________, 2015

________________________ Scott Getzschman, Mayor

ATTEST:

__________________Kimberly Volk, MMCCity Clerk

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: KIMBERLY VOLK, CITY CLERK/TREASURER

DATE: FEBRUARY 5, 2015

SUBJECT: MAY LIQUOR LICENSE RENEWALS

Recommendation: Move to approve Resolution.

Background: Liquor Control Commission requires Council approval of renewal of current liquor licenses. All proposed renewals have been published in the paper according to the terms of the Nebraska Liquor ControlCommission. No objections to the renewals have been received.

#8

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA, APPROVING RETAIL LIQUOR LICENSES FOR A PERIOD FROM MAY 1, 2015 TO MAY 1, 2016.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fremont, Nebraska, that the following Retail Liquor Licenses displayed as EXHIBIT “A” be renewed for a one year period

from May 1, 2015 to May 1, 2016, subject to State approval.

EXHIBIT “A” ATTACHED

PASSED AND APPROVED THIS __________ DAY OF ______________, 2015.

____________________________ Scott Getzschman, MayorATTEST:

__________________________Kimberly Volk, MMC, City Clerk

EXHIBIT “A”

Robert C Weiss dba Amoco Short Stop2250 North ClarmarClass B

James Stevens dba Applebee's Neighborhood Grill & Bar 3420 E Elk Lane Class I

Pump & Pantry #48 dba BOSSELMAN PUMP & PANTRY #483441 E 24th StreetClass D

Aldor LLC dba Brady's Meats and Foods 450 S Broad Class D

Brass Wok Restaurant Inc dbaBrass Wok Restaurant330 West 23rd StClass I

Casey's General Store Inc dbaCASEY'S RETAIL CO #1737401 W 23rd Class B

Casey's General Stores Inc dbaCASEY'S RETAIL CO #2090821 South BroadClass Class B

Malu Enterprises dba Cigarette & Snack Outlet 521 N Broad Class Class B

Cubby's Fremont dba Cubby's Inc. 209 West 23rd Class D

Expressway Food Mart #1 dbaExpressway Food Mart #11800 E MilitaryClass B

Expressway Food Mart #2 dbaExpressway Food Mart #2209 S Bell StClass B

Rick Nelson dba Fergy's Total Package 709 N Broad Class D

WHS Inc dba Godfather's Pizza1851 East 23rd StClass A

Terrence P Nosal dba Gringo's1950 North BellClass I

Alex Kor dba Happy Inn Restaurant 207 South Bell Class A

Fremont Hotels Inc. dba HOLIDAY INN EXPRESS 2415 N Lincoln Ave Class I

The CT Corp dbaHyVee Gas858 East 23rdClass D

Pathfinder Entertainment dba J's Steakhouse406 N Main Class I

Kwik Shop Inc dba Kwik Shop #645710 North BroadClass B

Kwik Shop Inc. dba Kwik Shop #6541615 North Bell Class B

La Hacienda Mexican Restarauntdba LA HACIENDA MEXICAN RESTAURANT3140 East Elk LaneClass I

Central Nebraska Pizza Hut Inc dba Pizza Hut of Fremont 1781 E 23rdClass A

Ericon Inc. dba Quik-Pik2010 Bell Street Class D

Jeffrey D Rise dba Rise's Drive In Liquor Inc. 1900 East MilitaryClass DK

Rocio De Velez dba Tienda Mexicana Guerrero350 North D Class D

Thomas J Burgoyne Sr dba Tom's Beverage Shop1869 East 23rdClass D

MLB TEAM dbaQuik spot – 23RD1156 West 23rdClass D

MLB TEAM dba Quik spot –Davenport740 North DavenportClass D

Travis Sorensen dba Valentino's of Fremont1680 East 23rd StreetClass A

Walgreen Co - Attn: Brett CampbelldbaWALGREENS1525 East 23rdClass D

EXHIBIT “A”Wal-Mart Stores Inc/Attn: Terry Held dbaWAL-MART SUPERCENTER 776702 E 23rd Ave NClass D

Hengtime LLC dba Franky & Olys353 West 23rdClass I

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: KIMBERLY VOLK, CITY CLERK/TREASURER

DATE: FEBRUARY 5, 2015

SUBJECT: AIRPORT ZONING BOARD

Recommendation: Move to approve the recommendation of the Mayor to reappoint Steve Hull to the Airport Zoning Board for a four year term ending December 2018.

Background: This appintment is for the at large member on the Airport Zoning Board. The Airport Zoning Board protects and controls the Airport’s height zoning in a three mile area with collaberation with Dodge County (Saunders County is not included in the three mile area of protection). This Board is authorized by State Statute.

#9

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Jean Kaup Van Iperen, Office Services Associate

DATE: January 29, 2015

SUBJECT: Community Development Block Grant Project 13-CR-003

Recommendation: Move to approve the Resolution.

Background: The City is requesting a reallocation of funds on its Community Development Block Grant 13-CR-003. We are requesting that $2,500 in funds be moved from the Owner/Occupied Housing Rehabilitation activity to the Housing Administration for lead activities. The request is needed due to the death of one appli-cant and personal legal issues for another applicant both projects were cancelled after the initial lead inspections had been conducted. The re-allocation of $2,500 is to conduct initial lead inspections for two new properties to satisfy the number of beneficiaries in the contract.

Fiscal Impact: No additional local matching funds will be required as a result of the requested budget amend-ment.

#10

RESOLUTION NO. _________

A Resolution of the City Council of the City of Fremont, Nebraska, authorizing the Mayor to sign the necessary paperwork for the reallocation of funds from the Owner/Occupied Housing Reha-bilitation fund to the Housing Administration for lead activity fund for Community Development Block Grant #13-CR-003.

WHEREAS, In June 2013, the City Council approved an application for $150,000 of Com-munity Development Block Grant funds for 13-CR-003 Phase I Comprehensive Revitalization activities.

WHEREAS, the Northeast Nebraska Economic Development District, which administers this housing project, has prepared a request to reallocate $2,500 from activity 0530 Owner/Occupied Housing Rehabilitation to activity 0580a Housing Ad-ministration for lead activities;

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Fremont, that the May-

or be authorized to execute the request for the reallocation of funds for CDBG Grant #13-CR-003.

PASSED AND APPROVED THIS _________ DAY OF _____________________, 2015

______________________________ Scott Getzschman, Mayor ATTEST:

_________________________Kimberly Volk, MMCCity Clerk

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Jody Sanders, Director of Finance DATE: February 5, 2015

SUBJECT: Report of Treasury

Recommendation: Move to receive Report of the Treasury

Background: The City Council receives internally-produced monthly financial statements in addition to the an-nual audited financial statements; however, the monthly reports are not available until mid-month. This statement reports the bank account balances at the end of the prior month, and is available by the first council meeting of each month. The Council will continue to receive the monthly financial statements, but this snapshot gives the Council more timely information regarding cash reserve balances.

Fiscal Impact: None

#11

City of FremontReport of Treasury - Cash and Investment Bank BalancesJanuary 31, 2015

First National Bank - Fremont

First State Bank

Pinnacle Bank ofFremont

Cornerstone Bank,

Columbus

NE Land National Bank,

North Platte

Nebraska Public

Investment Trust BANCORP

Account NameGovernmentalChecking/Money MarketCity Treasurer 3,847,522$ City Treasurer-M Mkt 8,038,906$ City Treasurer 8,121$ Special Revenue 11,285$ Econ Development - 12,270$ Infrastructure - Sales Tax 4,989$ Insured M MKT ** -Sales Tax 3,567,306$ Public Safety - Sales Tax 1,003,389$ Streets - Sales Tax 198,915$ Streets - M Mkt 875,156$ Tax Relief - Sales Tax 195$ Community Devlopment Agy 79,189$ Keno 96,254$ Keno - Npait M Mkt 932$ CDBG Clearing 23,999$ E911 211,877$ Drug Task 240,517$ Employee Benefits 755,927$ Employee Benefits 7,380$

Total Checking/Money Market 12,442,010$ 3,578,591$ 1,877,801$ -$ -$ 1,228,811$ 7,380$

CD InvestmentsGeneral fund 350,000$ 2,000,000$ 20,773$ Sales Tax/Public Safety fundSales Tax/Infrastructure fund 3,590,000$ Sales Tax/Streets fund 1,850,000$ 500,000$ Sales Tax/LB840 fund 3,100,000$ Street fund 500,000$ 1,850,000$ KENO fund 595,000$ Trust Fund 125,000$ 50,000$ E911 50,000$ Special assessment Fund 1,000,000$ Employee Benefits 850,000$ -$ Work Comp 650,000$ -$

Total CD Investments 1,850,000$ -$ 12,810,000$ 2,400,000$ 20,773$ -$ -$

Total Governmental deposits 14,292,010$ 3,578,591$ 14,687,801$ 2,400,000$ 20,773$ 1,228,811$ 7,380$ Grand total 36,215,366$

Statement ending balances

City of FremontReport of Treasury - Cash and Investment Bank BalancesJanuary 31, 2015

First National Bank - Fremont

First State Bank

Pinnacle Bank ofFremont

Cornerstone Bank,

Columbus

NE Land National Bank,

North Platte

Nebraska Public

Investment Trust BANCORP

Account Name

Statement ending balances

Proprietary FundsChecking/Money MarketCombined Utilities Fund 10,658,886$ Electric Fund 558,940$ Comb Util Funds/Construction 146,586$ Electric Funds 1,202,787$ Water Project Bond Acct 80,111$ Department of Utilities 665,383$ Sewer Improvement 3,376$ Sewer Funds 300,796$ Gas Fund 1,724,943$

Total Checking/Money Market 11,447,899$ -$ 665,383$ -$ -$ 3,228,527$ -$

CD InvestmentsElectric 2,852,800$ 15,000,000$ 21,713,047$ 6,024,085$ Water 875,000$ Sewer 4,300,000$ Gas 1,500,000$ 1,500,000$

Total CD Investments 4,352,800$ -$ 21,675,000$ 21,713,047$ 6,024,085$ -$ -$

Total Proprietary deposits 15,800,699$ -$ 22,340,383$ 21,713,047$ 6,024,085$ 3,228,527$ -$ Grand total 69,106,741$

Grand total, all funds 30,092,709$ 3,578,591$ 37,028,184$ 24,113,047$ 6,044,858$ 4,457,338$ 7,380$ Grand total 105,322,107$

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: MARK VYHLIDAL, SUPERINTENDENT OF PUBLIC SERVICES DATE: February 4, 2015

SUBJECT: 1 (ONE) NEW AND UNUSED ARTICULATED ALL-WHEEL DRIVE INDUSTRIAL-TYPE LOADER

Recommendation: Move to approve Resolution.

Background: The City of Fremont Street Department has a wheel loader budgeted in 2014/2015 Capital Out-lay. This loader will replace a 1975 Caterpillar loader. Loader will be purchased from Titan Machinery, Inc. of Omaha. No local vendors or dealers, in immediate Fremont area, sell new “industrial” type loaders. By using the State Contract, the City is able to use their purchasing pool of vendors. The old 1975 Caterpillar loader is to be auctioned off in the near future for a more lucrative resale return.

FISCAL IMPACT: $140,012.00. The Street Department had budgeted $170,000.00 for the fiscal year for the loader purchased.

#12

Resolution No.

A Resolution of the City Council of the City of Fremont, Nebraska, to accept State of Nebraska Contract #12817 OC bid for 1 (one) new/unused articulated all-wheel drive industrial-type wheel loader for Fremont Street Department.

NOW THEREFORE BE IT RESOLVED: That the State of Nebraska purchasing Contract #12817 OC in the amount of $ 140,012.00 to be accepted as the best bid from Titan Machinery; and the Mayor and City Council be and are authorized to enter into contract with said firm for 1 (one) new/unused articulated all-wheel drive industrial-type wheel loader.

PASSED AND APPROVED THIS ____________DAY OF _____________, 2015.

___________________________SCOTT GETZSCHMAN, MAYOR

ATTEST:

___________________________Kimberly Volk, MMC, City Clerk

The City of Fremont Street Departmentis requesting the purchase of 1(one) new and unused 2014 current year model articulated all-

wheel drive Industrial-type wheel loader. Purchase cost is per following specifications.Wheel loader purchase and specifications are under State of Nebraska state purchasing Contract

#12817 OC. State Contract is good through 04/30/2015.

February 4, 2015

CASE 621F (Z-BAR MODEL) ARTICULATED ALL-WHEEL DRIVELOADER WITH MINIMUM 2.2 CY BUCKET/MINIMUM NET 162ENGINE HP $ 117,284.00

QUICK HITCH WITH SPECIFIED BUCKET $ 3,497.00

THIRD VALVE W/LINES TO FRONT OF LOADER BOOMFOR ATTACHMENTS $ 867.00

AM/FM RADIO $ 165.00 EXTERNAL MIRRORS 4R $ 115.00

ADDITIONAL COST FOR DELIVERY ($2.00 PER MILE X 52 MILES – 30 TO 60 DAYS DELIVERY $ 104.00

REQUESTED ADDITIONAL UPGRADES AND OPTIONAL EQUIPMENT(ALL OPTIONAL UPGRADES AND ATTACHMENTS EXCLUSIVELY SOLD BY DEALER)

BUCKET UPGRADE/INCREASING BUCKET CAPACITY to 3.0 cy BUCKET $ 1,200.00

HEAVY COUNTERWEIGHT (UPGRADE FROM STANDARD COUNTER-WEIGHT FOR INCREASE BUCKET CAPACITY) $ 578.00

REAR CAMERA W/ACCESSORY MOUNT (EXTRA SAFETY) $ 1.352.00

REMOTE JUMP START $ 155.00

RIGHT BRAKE PEDAL $ 195.00

HENKE RB42-10 SNOW PUSHER ATTACHMENT (JRB QUICK ATTACH) $ 9,650.00

WERK/BRAU WBCBF1-60 PALLAT FORK ATTACHMENT (JRB QUICK ATTACH) $ 4,850.00

TOTAL COST WITH OPTIONAL UPGRADES AND ATTACHMENTS: $ 140,012.00

Price includes: 3 yr. Premier warranty by dealer 3 yr. Maintenance warranty by dealer 3 yr. Telematics warranty by dealer

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Justin Zetterman, Interim Planning Director

DATE: February 5, 2015

SUBJECT: City Council approval of the Redevelopment Agreement of the 23rd & Yager Hotel Redevelop-ment Project and the authorization of the issuance of Tax Increment Indebtedness

Recommendation: Move to approve Resolution.

Background: On January 27, 2015, the Community Development Agency and the City Council of the City of Fremont approved and adopted an Amendment to the Redevelopment Plan for the 23rd and Bell Redevelopment Area as well as a Cost-Benefit analysis for the 23rd and Yager Hotel Redevelopment Project.

This agreement is between the City of Fremont and Lincoln Hotel Group, LLC and will implement and govern the 23rd & Yager Hotel Redevelopment Project.

The proposed redevelopment project involves acquisition of the Project Site, the construction of a new 75 room, four-story hotel with approximately 80 controlled access parking stalls and associated improvements.

The 23rd & Yager Hotel Redevelopment Project would not be economically feasible as designed without the use of tax increment. To this end, approval of this resolution and agreement includes the approval to issue TIF indebtedness in an amount not to exceed $780,000.00 as set forth in the Redevelopment Agreement, with such TIF Indebtedness to be repaid solely from the Tax Increment created by the Project.

The Redevelopment Agreement is in conformity with the Nebraska Community Development Law, the Amend-ment to the Redevelopment Plan for 23rd & Bell Redevelopment Area and with the general plan for development in Fremont

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RESOLUTION NO. 2015-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA APPROV-ING THE REDEVELOPMENT AGREEMENT FOR THE 23RD & YAGER HOTEL REDEVELOPMENT PROJECT AND AUTHORIZING THE ISSUANCE OF TAX INCREMENT INDEBTEDNESS.

WHEREAS, the City Council of the City of Fremont, Nebraska via Resolution No. 2015-009 dated January 27, 2015 approved and adopted an Amendment to the Redevelopment Plan for the 23rd & Bell Redevelopment Area in the City of Fremont, Nebraska and a Cost-Benefit Analysis for the 23rd & Yager Hotel Redevelopment Project (the “Project”) pursuant to the Nebraska Community Development Law codified at Neb. Rev. Stat. §§ 18-2101 et seq. (the “Act”);

WHEREAS, a copy of the redevelopment agreement by and between the Community Develop-ment Agency of the City of Fremont, Nebraska (the “CDA”) and Lincoln Hotel Group, L.L.C., a Nebraska limited liability company, that will implement and govern the Project (the “Redevelopment Agreement”) is attached as Attachment “A” and incorporated herein by this reference;

WHEREAS, on February 10, 2015, at 7:00 p.m. a meeting of the City Council was held at the Fremont City Council Chambers, 400 East Military Avenue, in Fremont, Nebraska in order to determine whether the Redevelopment Agreement should be approved;

WHEREAS, the Amendment to the Redevelopment Plan will, in accordance with the present and future needs of the City of Fremont, promote the health, safety, morals, order, convenience, prosperity and the general welfare of the community in conformance with the legislative declarations and determi-nations set forth in the Act;

WHEREAS, the Amendment to the Redevelopment Plan is feasible and is in conformance with the general plan for development and its objectives are being accomplished in the Redevelopment Agreement for the Project;

WHEREAS, the Project would not be economically feasible as designed without the use of tax increment financing; the Project as designed would not occur in the redevelopment area without the use of tax increment financing; and the Project is in the long-term best interests of the community;

WHEREAS, the City Council has reviewed the Redevelopment Agreement and has found it to be in conformity with the Act and the general plan for development of the City of Fremont, and in the best interests of the City of Fremont; and

WHEREAS, pursuant to the provisions of the Act and in light of the foregoing findings and deter-minations, the City Council desires to approve the Redevelopment Agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fremont, Nebraska does hereby approve and adopt the Redevelopment Agreement;

BE IT FURTHER RESOLVED, by the City Council that the CDA of the City of Fremont is hereby authorized, following the lapse of thirty 30 days after the approval of the Redevelopment Agreement, to issue TIF Indebtedness in an amount not to exceed Seven Hundred Eighty Thousand and No/100 Dollars ($780,000.00) as set forth in the Redevelopment Agreement, with such TIF Indebtedness to be repaid solely from the Tax Increment created by the Project and does not represent the general obliga-

tion of the CDA nor the City of Fremont; and

BE IT FURTHER RESOLVED, that the CDA is hereby authorized to execute and deliver the Redevelopment Agreement and to take all such other actions contemplated and required by the Rede-velopment Agreement.

DATED THIS ___ day of _________, 2015. ____________________________ Scott Getzschman, MayorATTEST:

__________________________Kimberly Volk, MMC, City Clerk

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REDEVELOPMENT AGREEMENT

(23RD & YAGER HOTEL PROJECT) This Redevelopment Agreement is made and entered into as of the ____ day

of February, 2015, by and between the Community Development Agency of the

City of Fremont, Nebraska (“CDA”) and Yager Hospitality, LLC, a Nebraska limited

liability company (“Redeveloper”).

RECITALS

A. The CDA is a duly organized and existing community development

agency, a body politic and corporate under the laws of the State of Nebraska, with

lawful power and authority to enter into this Redevelopment Agreement.

B. The City of Fremont (the “City”), in furtherance of the purposes and

pursuant to the provisions of Article VIII, Section 12 of the Nebraska Constitution

and Neb. Rev. Stat. §§ 18-2101 to 18-2154, as amended (collectively the “Act”), has

adopted a Redevelopment Plan for a blighted and substandard area designated by

the City, including the Redevelopment Area.

C. Redeveloper owns or has contracted to purchase the Project Site

which is located in the Redevelopment Area.

D. Redeveloper submitted a redevelopment project proposal to redevelop

the Project Site.

E. The proposed redevelopment project involves acquisition of the Project

Site, the construction of a new 75 room four-story hotel with approximately 80

controlled access parking stalls, and associated improvements.

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F. The CDA has approved the Redeveloper’s proposed redevelopment

project, including the utilization of tax-increment financing to assist in the cost of

the eligible public improvements defined in this Redevelopment Agreement.

G. CDA and Redeveloper desire to enter into this Redevelopment

Agreement for redevelopment of the Project Site.

NOW, THEREFORE, in consideration of the promises and the mutual

covenants and agreements herein set forth, CDA and Redeveloper do hereby

covenant, agree and bind themselves as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION

Section 1.01 Terms Defined in this Redevelopment Agreement.

Unless the context otherwise requires, the following terms shall have the

following meanings for all purposes of this Redevelopment Agreement, such

definitions to be equally applicable to both the singular and plural forms and

masculine, feminine and neuter gender of any of the terms defined:

A. “Act” means Article VIII, Section 12 of the Nebraska Constitution,

Neb. Rev. Stat. §§ 18-2101 through 18-2154, as amended, and acts amendatory

thereof and supplemental thereto.

B. “CDA” means the Community Development Agency of the City of

Fremont, Nebraska.

C. “City” means the City of Fremont, Nebraska.

D. “Effective Date” means January 1, 2016.

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E. “Eligible Project Costs” means only costs or expenses incurred by

Redeveloper for Public Improvements that are eligible for reimbursement under the

Act.

F. “Minimum Project Valuation” means an amount equal to Four Million

Fifty Thousand and No/100 Dollars ($4,050,000.00).

G. “Private Improvements” means all the private improvements to be

constructed on the Project Site as more particularly described on Exhibit “A”

attached and incorporated by this reference.

H. “Project” means the improvements to the Project Site and adjacent

thereto, including the Private Improvements and Public Improvements defined

herein and described on Exhibit “A”.

I. “Project Completion Date” means on or before December 31, 2016.

J. “Project Site” means all that certain real property situated in the City,

more particularly described on Exhibit “A”.

K. “Public Improvements” shall include all the public improvements

more particularly described on Exhibit “A” which are eligible improvements under

the Act. The costs of the Public Improvements include the debt service payments

of the TIF Indebtedness.

L. “Redeveloper” means Lincoln Hotel Group, L.L.C., a Nebraska limited

liability company or its assignee, which is subject to the written approval of the

CDA.

M. “Redevelopment Agreement” means this Redevelopment Agreement

between the CDA and Redeveloper with respect to the Project.

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N. “Redevelopment Area” means the Redevelopment Area that is set

forth in the General Redevelopment Plan for the 23rd and Bell Area and the

Amendment to the 23rd and Bell Area Redevelopment Plan adopted by the CDA as

of January 27, 2015.

O. “Redevelopment Plan” means the Redevelopment Plan prepared by the

Fremont Planning Department and dated April 2014, and approved by the City

Council of the City on July 29, 2014 pursuant to Resolution No. 2014-137, as

amended.

P. “TIF Indebtedness” means any bonds, notes, loans and advances of

money or other indebtedness, including interest thereon, issued by the CDA or the

City secured in whole or in part by TIF Revenues.

Q. “TIF Revenues” or “Tax Increment” means incremental ad valorem

taxes generated by the Project which are allocated to and paid to the CDA

pursuant to the Act.

Section 1.02 Construction and Interpretation.

The provisions of this Redevelopment Agreement shall be construed and

interpreted in accordance with the following provisions:

(a) This Redevelopment Agreement shall be interpreted in accordance

with and governed by the laws of the State of Nebraska, including the Act.

(b) Wherever in this Redevelopment Agreement it is provided that any

person may do or perform any act or thing the word “may” shall be deemed

permissive and not mandatory and it shall be construed that such person shall

have the right, but shall not be obligated, to do and perform any such act or thing.

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(c) The word “including” shall be construed as meaning “including, but

not limited to.”

(d) The words “will” and “shall” shall each be construed as mandatory.

(e) The captions to the sections of this Redevelopment Agreement are for

convenience only and shall not be deemed part of the text of the respective

sections and shall not vary by implication or otherwise any of the provisions

hereof.

ARTICLE II

REPRESENTATIONS

Section 2.01 Representations by the CDA.

The CDA makes the following representations and findings:

(a) The CDA is a duly organized and validly existing Community

Development Agency under the Act.

(b) The CDA deems it to be in the public interest and in furtherance of

the purposes of the Act to accept the proposal submitted by Redeveloper for the

redevelopment of the Project Site as specified herein.

(c) The Project will achieve the public purposes of the Act by, among

other things, increasing employment, increasing the tax base, and lessening

blighted and substandard conditions in the Redevelopment Area.

Section 2.02 Representations of Redeveloper.

Redeveloper makes the following representations and findings:

(a) Redeveloper is a Nebraska limited liability company, having the power

to enter into this Redevelopment Agreement and perform all obligations contained

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herein and by proper action has been duly authorized to execute and deliver this

Redevelopment Agreement.

(b) The execution and delivery of the Redevelopment Agreement and the

consummation of the transactions therein contemplated will not conflict with or

constitute a breach of or default under any bond, debenture, note or other

evidence of indebtedness or any contract, loan agreement or lease to which

Redeveloper is a party or by which it is bound, or result in the creation or

imposition of any lien, charge or encumbrance of any nature upon any of the

property or assets of Redeveloper contrary to the terms of any instrument or

agreement.

(c) There is no litigation pending or to the best of its knowledge

threatened against Redeveloper affecting its ability to carry out the acquisition,

construction, equipping and furnishing of the Project or the carrying into effect of

this Redevelopment Agreement or, except as disclosed in writing to the CDA, as to

any other matter materially affecting the ability of Redeveloper to perform its

obligations hereunder.

(d) Redeveloper owns or has contracted to purchase the Project Site, in

fee simple and free from any liens, encumbrances, or restrictions which would

prevent the performance of this Agreement by Redeveloper.

(e) Redeveloper shall not assign this Agreement to any successor or

assignee without the written approval of the CDA.

ARTICLE III

OBLIGATIONS OF THE CDA AND PUBLIC IMPROVEMENTS

Section 3.01 Capture of Tax Increment.

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Subject to the contingencies described below and to all of the terms and

conditions of this Agreement, commencing for the tax year of the Effective Date of

the Project and continuing thereafter, the CDA shall capture the Tax Increment, as

defined below, from the Project pursuant to the Nebraska Community

Development Law. The CDA shall capture the Tax Increment generated by the

Project Site for a total period of not to exceed fifteen (15) years after the Private

Improvements have been completed and included in the assessed valuation of the

Project Site and the Project Site is generating the Tax Increment subject to capture

by the CDA. The effective date of this provision shall be the Effective Date of

January 1, 2016, thus creating the base value as of January 1, 2015. The CDA

shall file with the County Assessor the “Notice to Divide Taxes” on or prior to

August 1 in the year of the Effective Date.

Section 3.02 Tax Increment.

The term Tax Increment shall mean, in accordance with Neb. Rev.

Stat. § 18-2147 of the Nebraska Community Development Law, the difference

between the ad valorem tax which is produced by the tax levy (fixed each year by

the Dodge County Board of Equalization) for the Project Site before the completion

of the construction of the Private Improvements for that year prior to the year in

which the Effective Date falls, and the ad valorem tax which is produced by the tax

levy for the Project Site after completion of construction of the Private

Improvements as part of the Project. For this Project, the anticipated Tax

Increment is the difference between the projected taxes payable for 2016 (after

construction completion) and the taxes payable for 2015 (before completion of

construction) as more particularly set forth on Exhibit “B”.

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Section 3.03 Issuance of TIF Indebtedness.

No sooner than thirty (30) days following the approval and execution of this

Agreement, the CDA shall incur or issue TIF Indebtedness (the “TIF Note”) in the

estimated amount of Seven Hundred Eighty Thousand and No/100 Dollars

($780,000.00), as calculated on the attached and incorporated Exhibit “B”, to be

issued to the Redeveloper which shall entitle Redeveloper to receive the semi-

annual incremental tax payments generated by the Project. The TIF Indebtedness,

which shall be in the form of a TIF Promissory Note, shall not be a general

obligation of the CDA or City which shall issue such Note solely as a conduit. If

the Redeveloper intends to monetize the TIF Note, than it shall locate a lender or

other entity to acquire and fund the acquisition of the TIF Note for this TIF

Indebtedness. Redeveloper may pledge or assign the TIF Note to such lender and

the CDA shall consent to such pledge upon request. The TIF Note issued to

Redeveloper shall be secured by a pledge or assignment of the Tax Increment to be

captured by the CDA.

Section 3.04 Use of TIF Indebtedness.

The CDA will collect and use the Tax Increment to pay debt service on the

TIF Indebtedness incurred as provided in Section 3.03 of this Redevelopment

Agreement. Notwithstanding the foregoing, the amount of the TIF Note that the

CDA agrees to service and repay with the Tax Increment shall not exceed the

amount of the Eligible Project Costs certified by Redeveloper pursuant to

Section 4.02 and listed on Exhibit “C”. In addition, upon the funding of the TIF

Indebtedness by Redeveloper, the CDA shall retain an amount sufficient to pay:

(a) its reasonable and necessary cost of issuance, including attorney fees; (b) its

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Administrative Fee of one percent (1%); and (c) the City Redevelopment

Improvements in the amount of five percent (5%), all as set forth on Exhibit “C”.

The Tax Increment, less the CDA’s costs set forth above, shall be paid pursuant

to the terms of any TIF Promissory Note and/or TIF resolution issued by the

CDA relating to this Project.

Section 3.05 Creation of Fund.

The CDA will create a special fund to collect and hold the receipts of the

Tax Increment for payment on the TIF Note. Such special fund shall be used for

no purpose other than to pay TIF Indebtedness issued pursuant to Section 3.03

above.

Section 3.06 Projected TIF Sources and Uses.

The TIF Indebtedness calculation formula set forth on Exhibit “B”,

contemplates the annual generation of incremental taxes created by the Project

in the amount of approximately Seventy Six Thousand and No/100 Dollars

($76,000.00). The TIF Note and the TIF sources and eligible uses are attached

on Exhibit “C” and incorporated by this reference. The Projected Uses of the

TIF funds are eligible under the Act, and are estimates which shall be confirmed

upon construction completion and be certified by the Redeveloper under Section

4.02 below.

ARTICLE IV

OBLIGATIONS OF REDEVELOPER

Section 4.01 Construction of Project; Insurance.

(a) Redeveloper will complete the Public Improvements and the Private

Improvements as described on Exhibit “A” and install all equipment necessary to

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operate the Public Improvements and the Private Improvements no later than the

Project Completion Date. Redeveloper shall be solely responsible for obtaining all

permits and approvals necessary to acquire, construct and equip the Public

Improvements and the Private Improvements. Until construction of the Public

Improvements and the Private Improvements has been completed, Redeveloper

shall make reports in such detail and at such times as may be reasonably

requested by the CDA as to the actual progress of Redeveloper with respect to

construction of the Public Improvements and the Private Improvements. Promptly

after substantial completion by Redeveloper of the Public Improvements and the

Private Improvements, Redeveloper shall furnish to the CDA a Certificate of

Completion, the form of which is attached as Exhibit “D” and incorporated by this

reference. The certification by Redeveloper shall be a conclusive determination of

satisfaction of the agreements and covenants in this Redevelopment Agreement

with respect to the obligations of Redeveloper to construct the Public

Improvements and the Private Improvements.

(b) Any contractor chosen by Redeveloper or Redeveloper itself shall be

required to obtain and keep in force at all times until completion of construction,

policies of insurance including coverage for contractors’ general liability and

completed operations (provided that Redeveloper may self-insure in lieu of

obtaining and keeping in force such policy of insurance) and a penal bond as

required by the Act. The CDA shall be named as an additional insured. Any

contractor chosen by Redeveloper or Redeveloper itself, as an owner, shall be

required to purchase and maintain property insurance upon the Project to the full

insurable value thereof (provided that Redeveloper may self-insure in lieu of

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obtaining and keeping in force such policy of insurance). This insurance shall

insure against the perils of fire and extended coverage and shall include “special

causes of loss” insurance for physical loss or damage.

Section 4.02 Cost Certification. Redeveloper shall submit to the CDA a certification of Eligible Project

Costs, after expenditure of such project costs to verify the uses described on

Exhibit “C”. Redeveloper may, at its option, submit one or more partial Eligible

Project Costs Certifications prior to expenditure of all Eligible Project Costs

providing certification of receipt of billings for work in progress. All Eligible

Project Costs Certifications shall be subject to review and approval by the CDA

prior to the funding of such eligible costs. Determinations by the CDA whether

costs included in the Eligible Project Costs Certification are properly included in

Eligible Project Costs as defined in this Agreement shall be made in its sole

discretion and shall be conclusive and binding on Redeveloper.

Section 4.03 No Discrimination.

Redeveloper agrees and covenants for itself, its successors and assigns that

as long as this Redevelopment Agreement is outstanding, it will not discriminate

against any person or group of persons on account of race, sex, color, religion,

national origin, ancestry, disability, marital status or receipt of public assistance

in connection with the Project. Redeveloper will comply with all applicable federal,

state and local laws related to the Project.

Section 4.04 Pay Real Estate Taxes.

(a) Redeveloper intends to create a taxable real property valuation of the

Project and Project Site of not less than the Minimum Project Valuation set forth in

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Section 1.01(F) above, no later than as of the Effective Date. During the period of

this Agreement, Redeveloper, its successors and assigns, will: (1) not protest a real

estate property valuation of the Project and Project Site to a sum less than or equal

to the Minimum Project Valuation; and (2) not convey the Project Site or structures

thereon to any entity which would be exempt from the payment of real estate taxes

or cause the nonpayment of such real estate taxes.

(b) If, during the period of this Agreement, the Project Site is assessed at

less than the Minimum Project Valuation, Redeveloper shall either: (1) successfully

protest the valuation of the Project Site upwards such that the valuation is equal

to or greater than the Minimum Project Valuation; or (2) make a payment in lieu of

taxes to the CDA upon thirty (3) days written notice in the amount of the shortfall

equal to the amount the anticipated Tax Increment, as set forth on Exhibit “B”,

exceeds the actual Tax Increment. If Redeveloper is required to pay any such

shortfall as a payment in lieu of taxes, the Redeveloper shall be entitled to receive

reimbursement of any such shortfall payment to the extent TIF Revenues become

available during the TIF Period in an amount in excess of the amount necessary to

meet the current debt service payments. Any such shortfall amounts not

reimbursed at the end of the TIF Period shall be forgiven.

Section 4.05 No Assignment or Conveyance. Redeveloper shall not convey, assign or transfer the Project Site, any interest

therein, or this Agreement prior to the termination of the 15 year period

commencing on the Effective Date specified in Section 3.01 hereof without the

prior written consent of the CDA, which shall not be unreasonably withheld and

which the CDA may make subject to any terms or conditions it reasonably deems

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appropriate, except for the following conveyance, which shall be permitted without

consent of the CDA: Any conveyance as security for indebtedness (i) previously

incurred by Redeveloper or incurred by Redeveloper after the Effective Date for

Project costs or any subsequent physical improvements to the Project Site with the

outstanding principal amount of all such indebtedness (whether incurred prior to

or after the Effective Date) secured by the Project Site which shall have lien priority

over the obligations of Redeveloper pursuant to this Redevelopment Agreement, or

(ii) any additional or subsequent conveyance as security for indebtedness incurred

by Redeveloper for Project costs or any subsequent physical improvements to the

Project Site provided that any such conveyance shall be subject to the obligations

of Redeveloper pursuant to this Redevelopment Agreement.

Section 4.06 Evidence of Financial Ability.

Redeveloper shall provide to the CDA evidence of availability of the specific

amount of finances necessary for purposes of carrying out the obligations of

Redeveloper in connection with acquisition of the Project Site and construction of

the Private Improvements, before the later of (a) sixty (60) days following the

execution of this Redevelopment Agreement, or (b) the commencement of

construction of the Private Improvements. To the extent allowed by law, the CDA

agrees to keep said information confidential. Such information shall state the

amount and source of liquid assets on hand or immediately available to

Redeveloper for use in the Project; and shall state the amount and source of debt

financing which is available, or irrevocably committed, to Redeveloper for use in

acquiring the Project Site and completing the Private Improvements. Such

information shall be provided in a form satisfactory to the CDA, and evidence of

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loan commitments shall include all the documents evidencing the loan

commitment and acceptance by Redeveloper, the purposes of the loan, the

authorized use of loan funds, and all other terms and conditions of the loan

commitment, the acceptance, and the loan. Submittal of such financial

information in a form satisfactory to the CDA shall be a condition precedent to the

requirement of the CDA to proceed with its obligations under this Redevelopment

Agreement.

ARTICLE V

FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES

Section 5.01 Financing.

(a) Redeveloper shall pay all costs for the construction of the Private

Improvements and the Public Improvements. Redeveloper shall be responsible for

arranging all necessary financing for the construction of the Public Improvements

and Private Improvements, including, with respect to the Public Improvements, the

TIF Indebtedness.

Section 5.02 Encumbrances.

Redeveloper shall not create any lien, encumbrance or mortgage on the

Project or the Project Site except: (a) encumbrances which secure indebtedness

incurred to acquire, construct and equip the Project or for any other physical

improvements to the Project Site, (b) easements and rights of entry granted by

Redeveloper, (c) construction and materialman liens that may be filed in

connection with the construction of the Private Improvements so long as any such

lien is discharged or bonded within 90 days of completion of the Private

Improvements, and (d) any other liens so long as any such lien is satisfied and

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released or substitute security is posted in lieu thereof within 90 days of

Redeveloper receiving notice thereof.

ARTICLE VI

DEFAULT, REMEDIES; INDEMNIFICATION

Section 6.01 General Remedies of the CDA and Redeveloper.

Subject to the further provisions of this Article VI, in the event of any failure

to perform or breach of this Redevelopment Agreement or any of its terms or

conditions, by either party hereto or any successor to such party, such party, or

successor, shall, upon written notice from the other, proceed immediately to

commence such actions as may be reasonably designed to cure or remedy such

failure to perform or breach which cure or remedy shall be accomplished within a

reasonable time by the diligent pursuit of corrective action. In case such action is

not taken, or diligently pursued, or the failure to perform or breach shall not be

cured or remedied within a reasonable time, this Redevelopment Agreement shall

be in default and the aggrieved party may institute such proceedings as may be

necessary or desirable to enforce its rights under this Redevelopment Agreement,

including, but not limited to, proceedings to compel specific performance by the

party failing to perform or in breach of its obligations; provided that, in view of the

additional remedies of the CDA set out in Section 6.02, the remedy of specific

performance by Redeveloper shall not include or be construed to include the

covenant to build or construct the Private Improvements or Project.

Section 6.02 Additional Remedies of the CDA.

In the event that:

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(a) Redeveloper, or successor in interest, shall fail to complete the

construction of the Project on or before the Project Completion Date,

or shall abandon construction work for any period of 120 days (not

including any period covered pursuant to the terms of Section 6.04

below);

(b) Redeveloper, or successor in interest, shall fail to pay real estate taxes

or assessments on the Project Site or any part thereof when due, and

such taxes or assessments or payments in lieu of taxes shall not have

been paid, or provisions satisfactory to the CDA made for such

payment within thirty (30) days following written notice from the CDA;

(c) Redeveloper does not maintain an assessed valuation equal to or

greater than the Minimum Project Valuation for the Project Site for

the term of this Agreement and fails to satisfy the obligations of

Section 4.04(b) of this Agreement; or

(d) There is, in violation of Section 4.05 of this Redevelopment

Agreement, transfer of the Project Site or any part thereof, and such

failure or action by Redeveloper has not been cured within 30 days

following written notice from the CDA,

then Redeveloper shall be in default of this Redevelopment Agreement; and in the

event that such failure to perform, breach or default is not cured in the period

herein provided, the parties agree that the damages caused to the CDA would be

difficult to determine with certainty. To the extent that such failure results in the

fact that the CDA is not able to capture the full amount of the anticipated Tax

Increment contemplated hereunder, Redeveloper shall be obligated, on an annual

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basis, to remit the sum by which the anticipated Tax Increment exceeds the actual

Tax Increment.

Section 6.03 Remedies in the Event of Other Redeveloper Defaults.

In the event Redeveloper fails to perform any other provisions of this

Redevelopment Agreement (other than those specific provisions contained in

Section 6.02), and such failure has not been cured within 30 days following

written notice from the CDA, then Redeveloper shall be in default. In such an

instance, the CDA may seek to enforce the terms of this Redevelopment Agreement

or exercise any other remedies that may be provided in this Redevelopment

Agreement or by applicable law; provided, however, that the default covered by this

Section shall not give rise to a right of rescission or termination of this

Redevelopment Agreement.

Section 6.04 Limitation of Liability; Indemnification.

(a) Notwithstanding anything in this Article VI or this Redevelopment

Agreement to the contrary, neither the CDA, the City, nor their officers, directors,

employees, agents or their governing bodies shall have any pecuniary obligation or

monetary liability under this Redevelopment Agreement. The obligation of the

CDA on any TIF Indebtedness shall be limited solely to the Tax Increment pledged

as security for such TIF Indebtedness. Specifically, but without limitation, neither

the City nor the CDA shall be liable for any costs, liabilities, actions, demands, or

damages for failure of any representations, warranties or obligations hereunder.

Redeveloper releases the CDA and the City from and agrees that the CDA and the

City shall not be liable for any loss or damage to property or any injury to or death

of any person that may be occasioned by any cause whatsoever pertaining to the

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Private Improvements. Provided, however, such release shall not be deemed to

include such liability actions as arise directly out of the sole negligence or willful

misconduct of the CDA or the City.

(b) Redeveloper agrees to indemnify, defend (at the CDA’s and/or the

City’s option) and hold harmless the CDA, the City, their respective employees,

officials, agents, representatives and volunteers from and against any and all

liabilities, damages, injuries (including death), property damage (including loss of

use), claims, liens, judgments, costs, expenses, suits, actions, or proceedings and

reasonable attorney’s fees, and actual damages of any kind or nature, arising out

of or in connection with any aspect of the acts, omissions, negligence or willful

misconduct of Redeveloper, its employees, agents, officers, contractors or

subcontractors, or Redeveloper’s performance or failure to perform under the

terms and conditions of this Redevelopment Agreement. Such indemnification,

hold harmless and defense obligation shall exclude only such liability actions as

arise directly out of acts, omissions, or the sole negligence or willful misconduct of

the CDA or the City. The indemnification and defense obligations set forth herein

shall survive the termination of this Redevelopment Agreement.

ARTICLE VII

MISCELLANEOUS

Section 7.01 Memorandum.

A Memorandum of this Redevelopment Agreement in the form attached

hereto as Exhibit “E” and incorporated by this reference shall be recorded with the

Dodge County Register of Deeds for the Project.

Section 7.02 Governing Law.

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This Redevelopment Agreement shall be governed by the laws of the State of

Nebraska, including the Act.

Section 7.03 Binding Effect; Amendment.

This Redevelopment Agreement shall be binding on the parties hereto and

their respective successors and assigns. This Redevelopment Agreement shall run

with the Project Site. The Redevelopment Agreement shall not be amended except

by a writing signed by the party to be bound.

Section 7.04 No Agency or Partnership.

This Redevelopment Agreement is not intended and shall not be construed

to create the relationship of agent, servant, employee, partnership, joint venture or

association as between the CDA and the City, on the one hand, and Redeveloper,

on the other hand, nor between the CDA and the City, on the one hand, and any

officer, employee, contractor or representative of Redeveloper, on the other hand.

No joint employment is intended or created by this Redevelopment Agreement for

any purpose. Redeveloper agrees to so inform its employees, agents, contractors

and subcontractors who are involved in the implementation of or construction

under this Redevelopment Agreement.

IN WITNESS WHEREOF, the CDA and Redeveloper have signed this

Redevelopment Agreement as of the date and year first above written.

[Signature and Notary Pages to Follow]

20

“CDA”

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

ATTEST: By:________________________________ By: ________________________________ Secretary Chairman STATE OF NEBRASKA )

) ss. COUNTY OF FREMONT )

The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by and , Chairman and Secretary respectively of the Community Development Agency of the City of Fremont, Nebraska, a public body corporate and politic, on behalf of the Agency.

Notary Public

21

“REDEVELOPER” Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public TABLE OF EXHIBITS: Exhibit “A” – Description of Project Exhibit “B” – TIF Indebtedness Exhibit “C” – Projected TIF Sources and Uses Exhibit “D” – Certificate of Completion Exhibit “E” – Memorandum of Redevelopment Agreement

Exhibit “A”

EXHIBIT “A”

DESCRIPTION OF PROJECT The Project undertaken by Redeveloper on the Project Site, defined as the real estate legally described as:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska

shall consist of the following:

(a) Private Improvements. The construction of a 75 room hotel, with 80 controlled access parking spaces, and the associated improvements within the Redevelopment Area which shall include:

Indoor Swimming Pool Meeting/Conference Room Large Fitness Room

(b) Public Improvements. Site acquisition, site preparation, utility work, façade improvements and other eligible public improvements on the Project Site and in the Redevelopment Area, which public improvements are eligible improvements under the Act pursuant to this Redevelopment Agreement; paid for, in part, by the Tax Increment created by the Private Improvements.

Exhibit “B”

EXHIBIT “B”

TIF INDEBTEDNESS

1. Principal Amount. The principal amount of the TIF Indebtedness shall be the amount, together with interest accruing thereon, which can be amortized by the Maturity Date, solely from the Tax Increment Revenues based upon the current aggregate ad valorem tax rate applicable to the Project Site multiplied by an assumed valuation of $4,050,000.00 less the base valuation, subject to required debt service coverage, required reserve, and cost of issuance.

2. Anticipated Tax Increment: Approximately $76,000.00 annually. 3. Payments. Semi-annually with interest only until real estate taxes are fully

collected for the tax year of the Effective Date in an amount sufficient to fully amortize the TIF Indebtedness on or before the Maturity Date.

4. Maturity Date. On or before December 31, 2031.

Exhibit “C” 1

EXHIBIT “C”

PROJECTED TIF SOURCES AND USES 1.  PROJECTED TIF SOURCES 

Assumptions:  Dodge Co. Tax Levy (2014)  1.973072 Interest Rate  4.50% TIF period (years)  14    

Property Value Assumptions:  Assessed Value Estimated 

TaxesPre‐Project  $200,000  $3,946Completed Project  $4,050,000  $79,910Difference  $3,850,000  $76,000

TIF Calculations:  Annual TIF Amount  $76,000 TIF Loan Amount  $780,000 

2.  PROJECTED TIF USES1 Project Costs

A.  Admin. Fee – 1%  $7,800B.  Cost of Issuance  $10,000C.  City Redevelopment Improvements – 5%  $39,000D.  Site Acquisition  $433,000E.  Site Preparation  $130,000F.  Utilities  $30,000G. Façade Improvements  $110,000

Total  $780,000*   

  *Eligible TIF Uses are projected to be approximately $1,100,000, but the TIF Revenue Projection is limited to $780,000 which is the sum generated by the projected incremental revenues.

1 All costs are estimates and are subject to final confirmation and adjustment upon construction completion.

Exhibit “D” 1

EXHIBIT “D”

CERTIFICATE OF COMPLETION The Community Development Agency of the City of Fremont, Nebraska, a

municipal corporation in the State of Nebraska (the “CDA”), hereby makes the

conclusive determination and certification that, with regard to the following real

property situated in the City of Fremont, Dodge County, Nebraska, to wit:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska,

(“Redeveloper Property”), all the improvements required to be constructed upon the

above-described Redeveloper Property have been satisfactorily completed in

accordance with the requirements of the REDEVELOPMENT AGREEMENT (23rd &

Yager Hotel Redevelopment Project) by and between the Community Development

Agency of the City of Fremont, Nebraska, a municipal corporation in the State of

Nebraska, and Lincoln Hotel Group, L.L.C., a Nebraska limited liability company,

and its successors and assigns (“Redeveloper”), said Agreement dated as of

February ____, 2015 and a Memorandum of which is recorded as Instrument

No.____________________, in the office of the Register of Deeds for Dodge County,

Nebraska.

Exhibit “D” 2

The CDA further makes the conclusive determination that the Private

Improvements (as defined in the Agreement) to the above-described Redeveloper

Property are presently in conformance with the Agreement.

IN WITNESS WHEREOF, the CDA and Redeveloper have executed this

instrument this ______ day of ______________________, 2015.

“CDA” COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

_______________________, Chairperson

STATE OF NEBRASKA )

) ss. COUNTY OF DODGE )

The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by _______________, Chairperson of the Community Development Agency of the City of Fremont, Nebraska, on behalf of the Agency.

Notary Public

Exhibit “D” 3

“REDEVELOPER”

Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public

Exhibit “E” 1

EXHIBIT “E”

MEMORANDUM OF REDEVELOPMENT AGREEMENT (23RD & YAGER HOTEL REDEVELOPMENT PROJECT)

This Memorandum of Redevelopment Agreement (“Memorandum”) is made this ___ day of _________, 2015 by and between the Community Development Agency of the City of Fremont, Nebraska (“CDA”) and Yager Hospitality, L.L.C., a Nebraska limited liability company (“Redeveloper”). 1. Redevelopment Agreement. CDA and Redeveloper have entered into that certain Redevelopment Agreement dated as of this even date, describing the public improvements being made by the CDA in the Redevelopment Area and the private improvements being made to real property owned by Redeveloper and legally described as:

Lot One (1), Yager Place Subdivision, City of Fremont, Dodge County, Nebraska.

2. Tax Increment Financing. The Redevelopment Agreement provides for the capture of the Tax Increment, as defined therein, by the CDA of the private improvements to be made by the Redeveloper for a period not to exceed fifteen (15) years after the Project Effective Date of January 1, 2016. The Tax Increment so captured by the CDA shall be used to make the public improvements as described in the Redevelopment Agreement. 3. Remaining Terms. The rest and remaining terms of the Redevelopment Agreement are hereby incorporated into this Memorandum as if they were set forth in full. A full and correct copy of the Redevelopment Agreement may be inspected at the CDA offices in Fremont, Nebraska.

[SIGNATURE PAGES TO FOLLOW]

Exhibit “E” 2

“CDA”

COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FREMONT, NEBRASKA

_______________________, Chairperson

STATE OF NEBRASKA )

) ss. COUNTY OF DODGE )

The foregoing instrument was acknowledged before me this ____ day of ________________, 2015, by _____________, Chairperson of the Community Development Agency of the City of Fremont, Nebraska, on behalf of the Agency.

Notary Public

Exhibit “E” 3

“REDEVELOPER”

Yager Hospitality, L.L.C., a Nebraska limited liability company

By: Name: Title: Manager STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _________________, Manager of Yager Hospitality, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public 4815-9792-1313, v. 2

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Jean Kaup-Van Iperen, Office Services Associate

DATE: February 5, 2015

SUBJECT: Certification of Local Government Approval

Recommendation: Move to approve Resolution.

Background: The Northeast Nebraska Community Action Partnership, Inc. (formerly Goldenrod Hills Commu-nity Action) would like the approval for the Mayor to sign a Certification of Local Government Approval for them to receive ESG Funds from the State for emergency shelter in the form of hotel/motel vouchers to the homeless in Fremont. Someone from the Northeast NE Community Action Partnership, Inc. will be present to provide infor-mation on the activities of their group.

Fiscal Impact: None.

#14

RESOLUTION NO. _________

A Resolution of the City Council of the City of Fremont, Nebraska, authorizing the Mayor to sign the Certification of Local Government Approval for ESG Funds from the State.

WHEREAS, Northeast Nebraska Community Action Partnership, Inc. (formerly Goldenrod Hills Community Action) is applying for Emergency Solutions Grant funding through the State of Nebraska to provide shelter in the form of hotel/motel vouchers to homeless individuals and families in Fre-mont if there is not a shelter available or the local shelters are full and cannot serve them.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Fremont, that the Mayor be authorized and directed to sign the Certification of Local Government Approval for Nonprofit Organization receiving ESG Funds for State Sub- recipients for Shelter Activities.

PASSED AND APPROVED THIS _________ DAY OF _____________________, 2015

______________________________ Scott Getzschman, Mayor ATTEST:

_________________________Kimberly Volk, MMCCity Clerk

CERTIFICATION OF LOCAL GOVERNMENT APPROVAL

FOR NONPROFIT ORGANIZATIONS RECEIVING ESG FUNDS FROM STATE SUBRECIPIENTS FOR SHELTER ACTIVITIES

I, _ Scott Getzschman, Mayor _ (name of local government official and title), duly authorized to act on

behalf of the _Fremont_ (name of jurisdiction), hereby approve the following emergency shelter activities

provided/proposed by _Northeast Nebraska Community Action Partnership, Inc._(name of nonprofit

organization), which are located/plan to be located in _City of Fremont_ (name(s) of jurisdiction(s)

Description of emergency shelter activities: Northeast Nebraska Community Action Partnership, Inc. will

provide shelter in the form of hotel/motel vouchers to homeless individuals and families if there is not a

shelter available or the local shelters are full and cannot serve them.___________________________________________________________________________

Signature and Date

___________________________________________________________________________ Typed or Written Name of Signatory Local Official

___________________________________________________________________________Title

Note: In order to receive Emergency Solutions Grant funding, this certification is a required by the U.S. Department of Housing and Urban Development. It does NOT need to be completed annually for the same emergency shelter activities funded the previous year. However, the local government has the opportunity to withdraw its prior approval at any time.

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: DALE SHOTKOSKI, CITY ADMINISTRATOR

DATE: FEBRUARY 5, 2015

SUBJECT: FILM OFFICE

Recommendation: None (Mayor item).

Background: Stacy Heatherly of Digg Site Production is seeking membership into the Association of Film Com-missions International. As part of the membership application, Ms. Heatherly needs the endorsement of each jurisdiction she will represent. As the Commissioner for this area, Ms. Heatherly will provide representatives to the film industry will fee-free location services and will promote the City of Fremont as a film location.

The City of Fremont will lend its support to Ms. Heatherly in a philosophical manner with no commitment of City funds or in-kind services.

Fiscal Impact: None

#15

RESOLUTION NO. _________

A Resolution of the City Council of the City of Fremont, Nebraska, authorizing the Mayor to sign the Official Government Endorsement for Stacy Heatherly from Digg Site Production for mem-bership in the Association of Film Commissioners International.

WHEREAS, Stacy Heatherly of Digg Site Production is seeking membership into the Association of Film Commissions International. As part of the membership application Ms. Heatherly needs the endorsement of each jurisdiction she will represent.

WHEREAS, Ms. Heatherly will serve as the representative to the film industry in providing fee-free location services, and promoting the City of Fremont as a film location.

WHEREAS, The City of Fremont will lend its support to the efforts of Ms. Heatherly in a philosophical man-ner with no commitment of City funds or in-kind services.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Fremont, that the Mayor be authorized and directed to sign the Official Government Endorsement form for Stacy Heatherly for the Association of Film Commissioners International.

PASSED AND APPROVED THIS _________ DAY OF _____________________, 2015

______________________________ Scott Getzschman, Mayor ATTEST:

_________________________Kimberly Volk, MMCCity Clerk

STAFF REPORT

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Justin Zetterman, City Engineer

DATE: February 5, 2015

SUBJECT: Curb Ramp Replacement 2014

Recommendation: Move to approve Resolution

Background: February 3, 2014 at 2:00 pm, bids were accepted and opened for the project: Curb Ramp Replace-ment 2014. This project consists of replacing or constructing over 500 ADA compliant curb ramps in low to moderate income areas of Fremont. This project is partially being funded by a Community Development Block Grant. CR Menn Concrete, LLC provided a bid of $316,166.00 for this project.

Fiscal Impact: The CDBG grant for this project is setup as a 2:1 Grant to City match so the projected project cost share would be $210,777 from the grant and $105,389 from the City.

#16

RESOLUTION NO. _________

A Resolution of the City Council of the City of Fremont, Nebraska, to accept and award bid to CR Menn Concrete LLC for Curb Ramp Replacement 2014 project.

WHEREAS, said bids were publicly opened, read and tabulated in the City Council Cham-bers on the 3rd day of February, 2015 at the hour of 2:00 p.m.

NOW, THEREFORE BE IT RESOLVED, That the bid of CR Menn Concrete LLC, Fremont, Nebraska, in the amount of $316,166 be accepted as the lowest and best bid; and, the Mayor and City Council be and are authorized to enter into contract with said firm for 2014 Curb Ramp Replacement project

PASSED AND APPROVED THIS _________ DAY OF _____________________, 2015

______________________________ Scott Getzschman, Mayor ATTEST:

_________________________Kimberly Volk, MMCCity Clerk

BID TABULATION FOR CURB RAMP REPLACEMENT 2014FOR THE CITY OF FREMONT, NEBRASKA

ITEM DESCRIPTION QTY UNIT Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost

1 MOBILIZATION 1.0 LS $1,500.00 $1,500.00 $1,600.00 $1,600.00 $58,801.00 $58,801.00 $30,000.00 $30,000.00

2 REMOVE 4" WALK 27,637.0 SF $3.00 $82,911.00 $4.32 $119,391.84 $0.95 $26,255.15 $4.50 $124,366.50

3 BUILD 4" WALK/RAMP 30,120.0 SF $4.75 $143,070.00 $4.45 $134,034.00 $7.25 $218,370.00 $5.59 $168,370.80

4 DETECTABLE WARNING PLATES 4,495.0 SF $19.00 $85,405.00 $15.55 $69,897.25 $16.60 $74,617.00 $20.00 $89,900.00

5 EXCAVATION (EQ) 30.0 CY $30.00 $900.00 $166.00 $4,980.00 $25.10 $753.00 $10.00 $300.00

6 ADJUST TELEPHONE MANHOLE TO GRADE 4.0 EA $350.00 $1,400.00 $185.00 $740.00 $154.00 $616.00 $150.00 $600.00

7 ADJUST STORM SEWER MANHOLE TO GRADE 1.0 EA $400.00 $400.00 $185.25 $185.25 $154.00 $154.00 $150.00 $150.00

8 ADJUST WATER VALVE TO GRADE 7.0 EA $65.00 $455.00 $125.00 $875.00 $154.00 $1,078.00 $150.00 $1,050.00

9 REMOVE AND RESET SIGN 1.0 EA $125.00 $125.00 $135.00 $135.00 $203.00 $203.00 $125.00 $125.00

(1 - 9) TOTAL BID $316,166.00 $331,838.34 $380,847.15 $414,862.30

ITEM DESCRIPTION QTY UNIT Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost

1 MOBILIZATION 1.0 LS $40,000.00 $40,000.00 $25,000.00 $25,000.00 $8,882.65 $8,882.65 $30,000.00 $30,000.00

2 REMOVE 4" WALK 27,637.0 SF $2.00 $55,274.00 $2.00 $55,274.00 $1.95 $53,892.15 $1.25 $34,546.25

3 BUILD 4" WALK/RAMP 30,120.0 SF $8.00 $240,960.00 $8.50 $256,020.00 $10.15 $305,718.00 $10.40 $313,248.00

4 DETECTABLE WARNING PLATES 4,495.0 SF $15.50 $69,672.50 $20.00 $89,900.00 $14.90 $66,975.50 $15.00 $67,425.00

5 EXCAVATION (EQ) 30.0 CY $200.00 $6,000.00 $50.00 $1,500.00 $16.59 $497.70 $15.00 $450.00

6 ADJUST TELEPHONE MANHOLE TO GRADE 4.0 EA $500.00 $2,000.00 $150.00 $600.00 $364.00 $1,456.00 $250.00 $1,000.00

7 ADJUST STORM SEWER MANHOLE TO GRADE 1.0 EA $500.00 $500.00 $250.00 $250.00 $320.00 $320.00 $250.00 $250.00

8 ADJUST WATER VALVE TO GRADE 7.0 EA $250.00 $1,750.00 $150.00 $1,050.00 $113.00 $791.00 $250.00 $1,750.00

9 REMOVE AND RESET SIGN 1.0 EA $500.00 $500.00 $500.00 $500.00 $57.00 $57.00 $100.00 $100.00

(1 - 9) TOTAL BID $416,656.50 $430,094.00 $438,590.00 $448,769.25

Fremont, NE 68025 Fremont, NE 68026 Omaha, NE 68106 Valley, NE 68064220 West Cloverly 347 E Washington Street 3333 South 61st Avenue, Suite 200 PO Box 548

Swain Construction, Inc6002 North 89th Circle

Sawyer Construction Co Pave the Way Concrete Mackie Construction, Inc Elkhorn Valley Contractors

J&R Concrete & Construction, LLCC.R. Menn Concrete, LLC260 Shuster Ranch Road

Fremont, NE 68025

Shawmark Concrete3716 S. 138th Street #3

Omaha, NE 681441520 Railroad StreetFremont, NE 68025 Omaha, NE 68134

Tuesday, February 03, 2015

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Dave Goedeken, Director of Public Works DATE: February 5, 2015

SUBJECT: Airport Advisory Committee

Recommendation: Move to remove Jason Haas from the Airport Advisory Committee.

Background: Mr. Haas has not been to an Airport Advisory Committee for at least a year. The Committee has been unable to make contact with him. The Committee recommends removal. Fiscal Impact: n/a

#17

STAFF REPORT

TO: Mayor and City Council

FROM: Kimberly Volk, City Clerk/Treasurer

DATE: February 5, 2015

SUBJECT: Fremont Municipal Code update

Recommendation: Hold third reading and vote on Ordinance.

Background: I have been working on the ongoing project of updating the Fremont Municipal Code. This Ordinance updates:

Chapter Two pertaining to Election Wards and Districts: The annexations that have been done in the last year needed to be reflected in the Election Wards and Districts. I have also included in the backup a map depicting the updates.

Chapter Three pertaining to Fire Department: Much of the language in Chapter Three was duplicated in Chap-ter Seven of the current code.

Chapter Six pertaining to Graffiti Vandalism and Defacement, Sexual Predator, Illegal Immigration: Ordinance No. 5165 regarding Illegal Immigration that was approved by the voters states it shall be Section 6-428 of the Fremont Municipal Code. There was existing Code Sections under 6-428. This is a numbering clean up only. No language in the Illegal Immigration Ordinance, Graffiti Vandalism and Defacement Ordinance or Sexual Predator Ordinance has been modified.

Chapter Seven pertaining to Fire Department: Fire Chief Todd Bernt reviewed the existing code and updated language and/or eliminated language that is State Statute and not unique to the City of Fremont. Language from Chapter Three was incorporated into Chapter Seven (see 7-112 Annual Fire Report and 7-113 Mutual Aid, Dis-tant Fires). Section 7-203 is new language added at the request of Fire Chief Bernt.

After the Fire Chief, Chief Building Inspector and City Clerk met the following updates were made for the sec-ond reading:

Section XIII, 7-201: Downtown fire limits defined as lands designated by the official Zoning Map of the City of Fremont and Blocks 171, 182, 183, 184, 185, 186, 187, 204 and 205.

Reference to Uniform Building Code was changed to International Building Code.

Removed language relating to repairs, altercations or modifications to existing structures.

Changed detached frame buildings size from 8’ to 10’ and 12’ to 15’

Section XVII, 7-301 (Poisonous and Flammable Gases) was removed from Ordinance.

No further changes were made for the third reading.

#18

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, AMENDING VARIOUS CHAPTERS OF THE MUNICIPAL CODE OF THE CITY OF FREMONT, NEBRASKA, ORDINANCE NO. 3139; REPEALING PROVISIONS IN CONFLICT WITH SUCH AMENDMENTS; RETAINING NON-CON-FLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE OF SUCH AMENDMENTS; AND, PROVIDING FOR PUBLICATION IN PAMPHLET FORM

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

SECTION I. Section 2-401 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, is here-by amended to read as follows:

§2-401 Election Wards and Districts.All elective city officers shall be nominated and elected on a nonpartisan ballot.

First WardThe First Ward of the City shall consist of all that part of the City lying and being east of “C” Street ex-tended north to the City limits; thence south to Twenty-first (21st) Street; thence east to Union Street; thence south to Tenth (10th) Street; thence east to Logan Street; thence south to Ninth (9th) Street; thence east to Lincoln Avenue; thence north to Phelps Avenue; thence east to Luther Road; thence south to the south line of Brentwood Park Fourth Addition; thence east to the City limits; thence north to the south line of Brentwood Park Second Addition and to the City limits; thence east to the City limits.

Second WardThe Second Ward of the City shall consist of all that part of the City lying and being West of “C” ex-tended north to the City limits; thence south to Twenty-first (21st) Street; thence east to Union Street; thence south to Eleventh (11th) Street; thence west to Nye Avenue; thence south to Tenth (10th) Street; thence west to Somers Avenue; thence north to Twenty-third (23rd) Street; thence west to the City limits.

Third WardThe Third Ward of the City shall consist of all that part of the City lying west and being south of Twenty-third (23rd) Street extended west to the City limits; thence east to Somers Avenue; thence south to Tenth (10th) Street; thence east to Nye Avenue; thence north to Eleventh (11th) Street; thence east to Union Street; thence south to Tenth (10th) Street; thence east to Clarkson Street; thence south to Eighth (8th) Street; thence east to Platte Avenue; thence south to the City limits.

Fourth WardThe Fourth Ward of the City shall consist of all that part of the City lying east of Platte Avenue extended to the south City limits; thence north to Eighth (8th) Street; thence west to Clarkson Street; thence north to Tenth (10th) Street; thence east to Logan Street; thence south to Ninth (9th) Street; thence east to Lincoln Avenue; thence north to Phelps Avenue; thence east to Luther Road; thence south to the south line of Brentwood Park 4th Addition; thence east to the City limits; thence north to the south line of Brent-wood Park Second Addition and to the City limits; thence east to the City limits.

Election Districts – First WardThe First Ward of the City is hereby divided into five (5) election districts as follows:

First District. The First Election District “1-A” shall consist of all that part of the First Ward lying east of Yager Road extended north to the City Limits; thence south to Twenty-eighth (28th) Street extended;

thence west to Pebble Street extended; thence south to Twenty-seventh (27th) Street extended; thence west to Platte Avenue extended; thence south to Sixteenth (16th) Street; thence east to Clarmar Ave-nue; thence north to Twenty-third (23rd) Street; thence east to Laverna Street; thence north to the south line of Central Park Addition; thence west to the west line of Central Park Addition; thence north to the City Limits.

Second District. The Second Election District “1-B” shall consist of all that part of the First Ward lying and being south of Sixteenth (16th) Street and west of Lincoln Street.

Third District. The Third Election District “1-C” shall consist of that part of the First Ward lying south of Sixteenth (16th) Street and lying east of Lincoln Street.

Fourth District. The Fourth Election District “1-D” shall consist of all that part of the First Ward lying north of Sixteenth (16th) Street and lying west of Platte Avenue extended south to Sixteenth (16th) Street; thence north to Twenty-seventh (27th) Street extended; thence east to Pebble Street extended; thence north to Twenty-eighth (28th) Street extended; thence east to Yager Road; thence north to the City Limits.

Fifth District. The Fifth Election District “1-E” shall consist of that part of the First Ward lying north of Sixteenth (16th) Street and lying east of Clarmar Avenue extended south to Sixteenth (16th) Street; thence north to Twenty-third (23rd) Street; thence east to Laverna Street; thence north to the south line of Central Park Addition; thence west to the west line of Central Park Addition; thence north to the City Limits. Election District – Second WardThe Second Ward is hereby divided into five (5) election districts as follows:

First District. The First Election District “2-A” shall consist of that part of the Second Ward lying between Broad Street and Union Street and between Nineteenth (19th) Street and Eleventh (11th) Street.

Second District. The Second Election District “2-B” shall consist of that part of the Second Ward be-tween Broad Street and Somers Avenue south of Seventeenth (17th) Street.

Third District. The Third Election District “2-C” shall consist of that part of the Second Ward lying and being north of Twenty-third (23rd) Street and west of Somers Avenue.

Fourth District. The Fourth Election District “2-D” shall consist of all of the Second Ward lying and being north of Twenty-third (23rd) Street and east of Somers Avenue and lying and being east of Broad Street between Nineteenth (19th) Street and Twenty-third (23rd) Street.

Fifth District. The Fifth Election District “2-E” shall consist of all of the Second Ward lying and being east of Somers Avenue and west of Broad Street, between Sixteenth (16th) Street and Twenty-third (23rd) Street. Election Districts – Third WardThe Third Ward is hereby divided into five (5) election districts as follows:

First District. The First Election District “3A” shall consist of that part of the Third Ward lying east of Somers Avenue and south of Tenth (10th) Street; thence east to Nye Avenue; thence north to Eleventh (11th) Street; thence east to “D” Street; thence south to Military Avenue; thence west to Somers Avenue.

Second District. The Second Election District “3B” shall consist of all that part of the Third Ward lying

and being east of Pierce Street and west of “D” Street, between Military Avenue and the Union Pacific Railroad.

Third District. The Third Election District “3-C” shall consist of all that part of the Third Ward lying and being south of the Union Pacific Railroad and west of “D” Street.

Fourth District. The Fourth Election District “3-D” shall consist of all that part of the Third Ward lying and being west of Somers Avenue and north of Military Avenue and all that part of the Third Ward lying and being south of Military Avenue and west of Pierce Street.

Fifth District. The Fifth Election District “3-E” shall consist of all that part of the Third Ward lying and being east of “D” Street and south of Eleventh (11th) Street; thence east to Union Street; thence south to Tenth (10th) Street; thence east to Clarkson; thence south to Eighth (8th) Street; thence east to Platte Avenue.Election District – Fourth WardThe Fourth Ward shall be divided into five (5) election districts as follows:

First District. The First Election District “4-A” shall consist of all that portion of the Fourth Ward from Lin-coln Avenue to Howard Street, between First (1st) Street and Ninth (9th) Street, and all that portion from Lincoln Avenue to Clarmar Avenue, between Cuming Street and First (1st) Street, and all that portion from Garfield Street to Clarmar Avenue, between Railroad Street and Cuming Street. Second District. The Second Election District “4-B” shall consist of all that portion of the Fourth Ward from Bell Street to Lincoln Avenue, between Cuming Street and Ninth (9th) Street and all that portion from Bell Street to Garfield Street between Railroad Street and Cuming Street. Third District. The Third Election District “4-C” shall consist of all that portion of the Fourth Ward lying north of the south City limits and east of Clarmar Avenue; thence north to First (1st) Street; thence east to Howard Street; thence north to Military Avenue; thence east to Luther Road; thence east to the east City limits.

Fourth District. The Fourth Election District “4-D” shall consist of that portion of the Fourth Ward lying north of Military Avenue and east of Howard Street; and that portion of the Fourth Ward lying north of Ninth (9th) Street between Howard Street on the east and Lincoln Avenue on the west.

Fifth District. The Fifth Election District “4-E” shall consist of all that portion of the Fourth Ward lying north of the south City Limits and east of Platte Avenue; thence north to Eighth (8th) Street; thence west to Clarkson Street; thence north to Tenth (10th) Street; thence east to Logan Street; thence south to Ninth (9th) Street; thence east to Bell Street; thence south to the south City Limits.

SECTION II. Section 3-401 thru 3-419, Fire Department, of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, is hereby repealed.

SECTION III. Sections 6-428 to 6-438 (Graffiti Vandalism and Defacement, Sexual Predator) be amend-ed to become Sections 6-429 to 6-439 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§6-429 PURPOSE AND INTENT. The City Council of Fremont, Nebraska is enacting this Ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this Ordinance pursuant to its police powers.

The Council finds that graffiti is a public nuisance and a blighting factor, which is destructive of the rights and values of property owners as well as the entire community. Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain and multiply. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City.

The City Council intends, through enacting this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.

§6-430 DEFINITIONS. For the purposes of enacting this Ordinance, the following words shall have the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Aerosol paint container means any aerosol container that is adapted or made far the purpose of applying spray paint or other substances capable of defacing property.

(b) Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4th) of an inch, containing ink or other pigmented liquid that is not water soluble.

(c) Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.

(d) Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, applied, attached, adhered, painted, or engraved on or otherwise affixed to any surface of public or private property by person or persons using any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed to be a public nuisance by the City Council.

(e) Graffiti implement means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of making, scarring or leaving a visible mark on any natural or man-made surface.

(f) Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth (1/8th) of an inch in width.

(g) Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

§6-431 PROHIBITED CONDUCT. Defacement. It shall be unlawful for any person to write, paint, draw or apply, in any manner, any inscription, figure, or mark of any type (commonly known and referred to as “graffiti”) on any public or private building or other real or personal property including, but not limited to, natural objects such as rocks and trees, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof, or owned by any person, firm, or corporation, unless permission of the owner or operator of the property has been obtained.

§6-432 PENALTIES. (a) Fines: Any person violating the provisions of this division shall be punished in accordance with §6-501 of the Code with a minimum fine of one hundred fifty dollars ($150.00) for the first offense; two hundred fifty dollars ($250.00) for the second offense; and three hundred dollars ($300.00) for each subsequent offense.

(b) Restitution: In addition to any punishment specified in this Section, the court shall order any violator

to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be jointly and individually liable with the minor to make the restitution.

c) Community Service: In lieu of, or as part of, the penalties specified in this Section, a minor or adult may be required to perform community service as described by the court:

(1) The minor or adult shall perform at least 30 hours of community service.

(2) At least one parent or guardian of the minor shall be in attendance a minimum of 50 percent of the period of assigned community service.

(3) The entire period of community service shall be performed under the supervision of a community service provider approved by the court.

(4) Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.

§6-433 GRAFFITI DECLARED A NUISANCE. (a) The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Code.

(b) It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.

§6-434 REMOVAL OF GRAFFITI BY PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the Chief of Police, the Director of the Department of Public Works, or as directed by the City Administrator. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this Ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal.

§6-435 NOTICE OF REMOVAL. If graffiti is not removed by the perpetrator according to the preceding Section, the graffiti shall be removed pursuant to the following provisions:

(a) Whenever the City Administrator or his/her designee determines that graffiti exists on any public and private buildings, structures or places which are visible to any person utilizing any public right-of-way in this city, whether this is a road, parkway, alley, or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the City Administrator or his/her designee shall cause a notice to be issued to the property owner or person(s) in possession or charge of the property to abate such nuisance. The property owner shall have seven (7) days after the date of the notice to remove or paint over the graffiti, or the conditions will be subject to abatement by the city. If the property owner elects to paint over the graffiti, the paint used to obliterate the graffiti shall be as close as practicable to background color(s).

(b) The notice to abate graffiti pursuant to this section shall consist of a written notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of the county. If there is no known address for the owner, the notice shall be sent in care of the property address to persons in possession or in charge of the property. The notice required by this Section may be served in any one of the following manners:

1. By personal service on the owner, occupant or person in charge or control of the property.

2. By registered or certified mail addressed to the owner at the owner’s last known address. If this address is unknown, the notice will be sent to the property address. The notice shall be substantially in the following form:

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property commonly known as: _________________________, Fremont, Nebraska, which is visible to the public view, within seven (7) days after the date of this notice. If you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objections, comments interest in said matters or requests for a hearing are hereby notified to submit a request for a hearing to the City Administrator of the City of Fremont, Nebraska, or his/her designee within five (5) days from the date of this notice. At the conclusion of the seven (7) day period, if no hearing has been requested, the City may proceed with the abatement of the graffiti inscribed on your property, at your expense, without further notice.

City of Fremont, Nebraska A Municipal Corporation By: By: ____________ Title: ________________

§6-436 REMOVAL BY CITY. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the City Administrator or his/her designee approves, then the City Administrator, or his/her designee is hereby authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s). If the City Administrator provides for the removal of the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.

§6-437 CITY’S COSTS DECLARED LIEN. Any and all costs incurred by the city in the abatement of the graffiti nuisance under the provisions of this division shall constitute a lien against the property upon which such nuisance existed.

§6-438 PRIVATE PROPERTY CONSENT FORMS. Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes. The city will make forms for such consent available.

§6-439 MISDEMEANORS; SEXUAL PREDATOR DEFINITIONS, RESIDENCY RESTRIC-TIONS; PENALITIES; EXCEPTION. (1) Definitions: For purposes of this Section, the following definitions shall apply:

(A) Child care facility means a facility licensed pursuant to the Child Care Licensing Act;

(B) School means a public, private, denominational, or parochial school which meets the re-quirements for state accreditation or approval;

(C) Reside means to sleep, live, or dwell at a place, which may include more than one location, and may be mobile or transitory;

(D) Residence means a place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory;

(E) Sex offender means an individual who has been convicted of a crime listed in Nebr. Rev. Stat. Section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act;

(F) Sexual predator means an individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Nebr. Rev. Stat. Section 29-40001.01 and who has victimized a person eighteen years of age or younger.

(2) PROHIBITED LOCATION OF RESIDENCE. It is unlawful for any sexual predator to reside within five hundred feet from a school or child care facility. (3) 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.(4) PENALTIES. A person who violates this section shall be punished as provided in Section 6-501. (5) EXCEPTIONS. This ordinance shall not apply to a sexual predator who: (A) Resides within a prison or correctional or treatment facility operated by the state or a po-litical subdivision. (B) Established a residence before July 1, 2006, and has not moved from that residence; or (C) Established a 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. SECTION IV. A new Section 6-428 (Illegal Immigration per petition Ordinance No. 5165) be added into the Municipal Code of Fremont, Nebraska, Ordinance 3139, to read as follows:

§6-428 Harboring or Hiring Illegal Aliens, Prohibited.1. DEFINITIONS: For the purposes of this Ordinance, the following terms and phrases shall have the meanings ascribed to them herein, and shall be construed so as to be consistent with state and federal law, including federal immigration law:A. Illegal alien means an alien who is not lawfully present in the United States, according to the

terms of United States Code Title 8, Section 1101 et seq. The City shall not conclude that an individual is an illegal alien unless and until an authorized representative of the City has verified with the federal government, pursuant to United State Code Title 8, Section 1373(c), such indi-vidual’s immigration status.

B. Unlawfully present in the United States means unlawfully present in the United States accord-ing to the terms of United States Code Title 8, Section 1101 et seq. The City shall not conclude that an alien is unlawfully present in the United States unless and until an authorized representa-tive of the City has verified with the federal government, pursuant to United States Code Title 8, Section 1373 (c), such alien’s immigration status.

C. Dwelling unit means a single residential unit with living facilities for one or more persons, includ-ing space for living, sleeping, eating, cooking, bathing and sanitation, whether furnished or unfur-nished, that is let or rented for valuable consideration. There may be more than one rental unit on a premise. In a multifamily residence or apartment building, each residential unit or apartment

constitutes a separate dwelling unit. The term dwelling unit does not include a dormitory room at a postsecondary educational institution, a room at a shelter for the homeless or the abused, or a hotel room.

D. Lessor means a person who leases or rents a dwelling unit as, or on behalf of, a landlord.

E. Occupant means a person, age 18 or older, who resides at a dwelling unit. A temporary guest of an occupant is not an occupant for the purposes of this ordinance.

F. Unauthorized alien means an alien who does not have authorization of employment in the United States, as defined by United States Code Title 8, Section 1324a(h)(3). The City shall not conclude that an individual is an unauthorized alien unless and until an authorized representa-tive of the City has verified with the federal government, pursuant to United States Code Title 8, Section 1373(c), such individual’s lack of authorization of employment in the United States.

G. Business entity means any person, group of persons, partnership or corporation that engages in any activity, enterprise, profession or occupation for financial gain, benefit, or livelihood, and shall include all such activities, enterprises, professions, or occupations, whether preformed in one or more establishments by one or more corporate or other organizational units, including de-partments or establishments operated through leasing arrangements, whether for profit or not-for-profit. The term business entity shall include but not be limited to contractors, subcontractors, self-employed individuals, partnerships, and corporations. The term business entity shall include both business entities that are required to obtain a license or permit to conduct business in the City of Fremont, and businesses that are not required to obtain a license or permit to conduct business in the City of Fremont.

H. Work means any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities.

I. E-Verify Program means the electronic verification of employment authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, United States Code Title 8, Section 1324a, and operated by the United States Department of Homeland Security (or a successor program established by the federal government).

J. Systematic Alien Verification for Entitlements (SAVE) Program means the electronic pro-gram created pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104193, which enables a federal, state, or local government entity to confirm with the United States Department of Homeland Security an alien’s immigration status (or a successor program or method of confirmation of immigration status established by the federal government).

K. Business license means any license, permit, occupation tax registration, business registra-tion, or registration certification issued to a business entity by the City, including but not limited to all such licenses and permits described under the Fremont Municipal Code, Ordinance No. 3139.

L. City means the City of Fremont, Nebraska.

2. HARBORING ILLEGAL ALIENS:

A. It is unlawful for any person or business entity that owns a dwelling unit in the City to harbor an illegal alien in the dwelling unit, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, unless such harboring is otherwise expressly permit-ted by federal law.1. For the purpose of this section, to let, lease, or rent a dwelling unit to an illegal alien, knowing

or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall be deemed to constitute harboring. To suffer or permit the oc-cupancy of the dwelling unit by an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall also be deemed to constitute harboring.

2. Condition of lease. An occupant may not enter into a contract for the rental or lease of a dwelling unit in the City unless the occupant is either a U.S. citizen or national, or an alien lawfully present in the United States according to the terms of United States Code Title 8, Section 1101 et seq. An occupant who is neither a U.S. citizen or national, nor an alien lawfully present in the United States, who enters into such a contract shall be deemed to have breached a condition of the lease. An occupant who is an alien who subsequent to the beginning of his lease becomes un-lawfully present in the United States shall be deemed to have breached a condition of the lease.

3. Prospective Application Only. This Ordinance shall apply only to contracts to let, lease, or rent dwelling units that are entered into and tenancies that begin after the date that the Ordinance becomes effective.

4. The legal obligations imposed by this Section shall be enforced through the process described in Provisions 3 and 4 of this Ordinance, below.

3. ISSUANCE OF OCCUPANCY LICENSES:

A. Prior to occupying any leased or rented dwelling unit, each occupant, age 18 or older, must obtain an occupancy license.B. It is the occupant’s responsibility to submit an occupancy license application to the Fremont Police Department, pay a fee of $5 to the City, and obtain an occupancy license. If there are multiple occupants seeking to occupy a single rental unit, each occupant must obtain his or her own license. An applicant for an occupancy license may designate the owner or manager of the dwelling unit as his agent to col-lect the required information and submit the required application form(s), signed by the applicant, to the Fremont Police Department on the applicant’s behalf. The City may establish a procedure whereby an applicant (or designated owner or agent) may submit the required application form(s), signed by the applicant, via facsimile or website portal.

C. The owner or manager of any dwelling unit must notify each prospective occupant of this require-ment and shall not permit occupancy of a dwelling unit unless the occupant first obtains an occupancy license.D. Each occupancy license is valid only for the occupant for as long as the occupant continues to oc-cupy the dwelling unit for which such license was applied. Any relocation to a different dwelling unit

requires a new occupancy license.E. Applications for occupancy licenses shall be made upon forms furnished by the City for such pur-poses and shall require the following information:

(1) Full legal name of occupant;

(2) Mailing address of occupant;

(3) Address of dwelling unit for which occupant is applying, if different from mailing address;

(4) Name and business address of dwelling unit owner or manager;

(5) Date of lease commencement;

(6) Date of birth of occupant;

(7) Occupant’s country or citizenship;

(8) Full legal name and date of birth of each minor dependent residing with occupant;

(9) (a) in cases in which the applicant is a United States citizen or national, a signed declara-tion that the applicant is a United States citizen or national on a form provided by the City, which notifies the applicant that knowingly making any false statement or claim that he or she is, or at any time has been, a citizen or national of the United States, with the intent to obtain a state benefit or service is a crime under United States Code Title 18, Section 1015(e);

or(b) in cases in which the applicant is not a United States citizen or national, an identification number assigned by the federal government that the occupant believes establishes his lawful presence in the United States (examples include, but are not limited to: resident alien card num-ber, visa number, “A” number, I-94 registration number, employment authorization number, or any other number on a document issued by the U.S. Government). If the alien does not know of any such number, he shall so declare. Such a declaration shall be sufficient to satisfy this requirement.

F. Upon receipt of a complete signed application and the payment of the application fee as set forth above, the City shall immediately issue an occupancy license. The City shall not deny an oc-cupancy license to any occupant who submits a completed application and pays the application fee.

G. All information contained in occupancy license applications shall be maintained as confidential by the City, except that the information provided on an application may be disclosed to other gov-ernment entities where authorized by law, pursuant to United States Code Title 8, Section 1373.

H. It shall be a violation of this section for a lessor to lease or rent a dwelling unit without obtaining and retaining a copy of the occupancy license of every known occupant of the dwelling unit.

I. It shall be a violation of this section for a lessor to lease a dwelling unit without including in the terms of the lease a provision stating that occupancy of the premises by a person, age 18 or older, who does not hold a valid occupancy license constitutes an event of default under the lease.

J. It shall be a violation of this section for a landlord or any agent of a landlord with authority to initi-ate proceedings to terminate a lease or tenancy to knowingly permit an occupant to occupy a dwelling unit without a valid occupancy license. It is a defense to a prosecution under this para-graph that the landlord or agent has commenced and diligently pursued such steps as may be required under the applicable law and lease provisions to terminate the lease or tenancy.

K. Any person who violates this section shall be subject to a fine of $100 for each such violation, upon conviction in the County Court for Dodge County.

L. The lease or rental of a dwelling unit without obtaining and retaining a copy of the occupancy license of every known occupant, age 18 or older, shall be a separate violation for each occupant in a dwelling unit for which no license is obtained and retained, and for each day of such occupancy, beginning on the 46th day after the date of a revocation notice under Section 5.

4. ENFORCEMENT OF HARBORING AND OCCUPANCY PROVISIONSNotwithstanding any other provision of this Ordinance, the Fremont Police Department (Hereinafter “Department”) shall enforce the requirements of this Ordinance as follows.A. Promptly after issuance of an occupancy license to any occupant who has not declared himself

or herself to be either a citizen or a national of the United States, the Department shall, pursu-ant to Title 8, United States Code, Section 1373(c), request the federal government to ascertain whether the occupant is an alien lawfully present in the United States. The Department shall submit to the federal government the identity and immigration status information contained on the application for the occupancy license, along with any other information requested by the federal government. The Department may enter into a memorandum of understanding to use the Systematic Alien Verification for Entitlements (SAVE) Program operated by the U.S. Depart-ment of Homeland Security, or utilize any other process or system designated by the federal government.

B. If the federal government reports that the occupant is not lawfully present in the United States, the Department shall send a deficiency notice to the occupant, at the address of the dwelling unit shown on the application for occupancy license. The deficiency notice shall state that on or before the 60th day following the date of the notice, the occupant may seek to obtain a correc-tion of the federal government’s records and/or provide additional information establishing that the occupant is lawfully present in the United States. If the occupant provides such additional information, the Department shall promptly submit that information to the federal government. The occupant may also submit information directly to the federal government.

C. If the federal government notifies the Department that it is unable to conclusively ascertain the immigration status of the occupant, or that the federal government’s ascertainment of immigra-tion status is tentative, the Department shall take no further action until final ascertainment of the immigration status of the occupant is received from the federal government. The Department shall not attempt to make an independent determination of any occupant’s immigration status. If the federal government notifies the Department that more information is required before the federal government can issue a final ascertainment of the occupant’s immigration status, or that the occupant may contest the federal government’s ascertainment of status, the Department shall notify the occupant accordingly.

D. No earlier than the 61st day after a deficiency notice has been sent to an occupant, the Depart-ment shall again make an inquiry to the federal government seeking to ascertain the immigra-tion status of the occupant. If the federal government reports that the occupant is an alien who is not lawfully present in the United States, the Department shall send a revocation notice to both the occupant and the lessor. The revocation notice shall revoke the occupant’s occupancy license effective 45 days after the date of the revocation notice.

E. The terms of this section shall be applied uniformly, and enforcement procedures shall not dif-fer based on a person’s race, ethnicity, religion, or national origin.

F. Judicial review shall also be available as follows:

1. Any landlord or occupant who has received a deficiency notice or a revocation notice may seek pre-deprivation or post-deprivation judicial review of the notice by filing suit against the City in a court of competent jurisdiction.

2. In the event that such a suit is filed prior to or within fifteen days after the date of the relevant revocation notice, if any, revocation shall be automatically stayed until final conclusion of judicial review.

3. The landlord or occupant may seek judicial review of the question of whether the Department complied with the provisions of this Ordinance or other relevant provisions of federal, state, or City law, or the question of whether the occupant is an alien not lawfully present in the United States, or of both such questions.

4. In a suit for judicial review in which the question of whether the occupant is an alien not lawfully present in the United States is to be decided, that question shall be determined under federal law. In answering the question, the court shall defer to any conclusive ascertainment of immigra-tion status by the federal government.

5. The court may take judicial notice of any ascertainment of the immigration status of the oc-cupant previously provided by the federal government. The court may, either sua sponte or at the request of a party, request the federal government to provide, in automated, documentary, or testimonial form, a new ascertainment of the immigration status of the occupant pursuant to United States Code Title 8, Section 1373(c). The most recent ascertainment of the immigration status of an individual by the federal government shall create a rebuttable presumption as to the individual’s immigration status.

5. BUSINESS LICENSES, CONTRACTS OR GRANTS; THE E-VERIFY PROGRAM.A. It is the policy of the City to discourage business entities from knowingly recruiting, hiring for

employment, or continuing to employ any person who is an unauthorized alien to perform work within the City.

B. This Section shall not apply to the hiring of an independent contractor by a business entity, or to the intermittent hiring of casual labor for domestic tasks customarily performed by the residents of a dwelling. Such independent contractors or laborers are not employees within the meaning of this Section. This Section shall be interpreted to be fully consistent with United States Code Title 8, Section 1324a, and with all other applicable provisions of federal law.

C. An authorized representative of any business entity that applies for any business license or permit in the City, or is awarded a contract for work to be performed in the City, or applies for any grant or loan from the City shall be required to execute an affidavit to the effect that the busi-ness entity does not knowingly employ any person who is an unauthorized alien. The business entity shall also provide documentation confirming that the business entity has registered in the E-Verify Program. Compliance with this section shall be a condition of any license or permit granted by the City, any contract awarded by the City and of any grant or loan given by the City.

D. All agencies of the City shall register in the E-Verify Program and use the EVerify Program to verify the authorization of employment in the United States of each employee hired after such registration.

E. Every business entity employing one or more employees and performing work within the City shall register in the E-Verify Program within 60 days after the effective date of this Ordinance, and shall use the E-Verify Program to verify the authorization of employment in the United States of each employee hired after such registration.

F. Any business entity employing one or more employees that begins performing work within the City later than 60 days after the effective date of this Ordinance shall register in the E-Verify Program prior to commencing any work within the City, and shall use the E-Verify Program to verify the authorization of employment in the United States of each employee hired after such registration.

G. In the enforcement of this Section, at no point shall any City official attempt to make an inde-pendent determination of the authorization of employment in the United States of any individual employed by a private business entity in the City.

H. This Section shall be enforced by the City Attorney as follows:

1. If a business entity possesses a license, permit, contract, loan, or grant issued by the City and violates this Section, by failing to register in the EVerify Program and verify the authorization of employment in the United States of each employee hired after such registration, the business entity shall be tried at a public hearing before the City Council. Due process, including notice, the oppor-tunity to present evidence and to be heard, and the right to appeal to the District Court of Dodge County, shall be accorded to all parties. If the City Council determines that a person or business entity has violated this Section, it may, according to the terms of such license, permit, contract, loan or grant, revoke the license, cancel the contract, recall the grant or accelerate the loan and institute an action to collect any sums due.

2. The City Attorney may bring a civil action against any business entity suspected of violating this section, by failing to register in the E-Verify Program and verify the authorization of employment in the United States of each employee hired after such registration, in a court of competent jurisdic-tion in Dodge County. The City Attorney may seek injunctive relief compelling the business entity to comply with this section.

I. The following judicial review shall also be available:

1. Any business entity that is subjected to enforcement under this Ordinance may seek pre-deprivation or post-deprivation judicial review of the enforcement of this Ordinance with respect to such busi-ness entity in any court of competent jurisdiction. While such judicial review is occurring, any actions by the City to revoke a license, permit, contract, loan, or grant issued by the City shall be stayed.

2. Any business entity or employee subject to the terms of this Ordinance may seek judicial review of the question of whether the City has complied with the provisions of this Ordinance or other relevant provisions of federal, state, or City law in the County Court for Dodge County, or in any other court of competent jurisdiction.

SECTION 2. CONSTRUCTION AND SEVERABILITY:A. The requirements and obligations of this section shall be implemented in a manner fully con-

sistent with federal law regulating immigration and protecting the civil rights of all citizens, nationals, and aliens.

B. If any part or provision of this Ordinance is in conflict or inconsistent with applicable provi-sions of federal or state statutes, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this Chapter shall not be af-fected thereby.

SECTION V. Section 7-102 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, be amended to read as follows:

§7-102 FIRES; DISORDERLY SPECTATOR. It shall be unlawful for any person during the time of a fire and for a period of thirty-six (36) hours after its extinguishment to hinder, resist or refuse to obey the Fire Chief, or to act in a noisy or disorderly manner.

SECTION VI. Section 7-105 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, be amended to read as follows:

§7-105 FIRES; OBSTRUCTION. It shall be unlawful for any person to obstruct the use of a fire hydrant, or have or place any material within fifteen (15’) feet of the said hydrant. Any vehicle or material found as an obstruction may be immediately removed by the Fire Chief or Command Officer, at the risk, cost, and expense of the owner or claimant.

SECTION VII. Section 7-107 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, be amended to read as follows:

§7-107 FIRES; DRIVING OVER HOSE. It shall be unlawful for any person, without the consent of the Fire Chief or Command Officer, to drive any vehicle over unprotected hose of the Fire Department.

SECTION VIII. Section 7-108 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, be amended to read as follows:

§7-108 FIRES; TRAFFIC. Upon hearing an emergency vehicle siren or seeing emergency vehicle lights, all vehicles, traveling in either direction, shall pull to the side of the street or roadway, and stop until certain that all emergency vehicles have passed. No vehicle, except by the specific direction of the Fire Chief or Command Officer, shall follow, approach or park closer than five hundred (500’) feet to any fire vehicle, or to any fire hydrant to which a hose is connected. Nothing herein shall be construed to apply to vehicles carrying doctors, members of the Fire Department, or emergency vehicles.

SECTION IX. A new Section 7-112 be added to the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-112 ANNUAL FIRE REPORT. It shall be the duty of the Fire Chief to come before the City Council at a regular meeting in the first quarter of the calendar year to give an annual report to the City Council of the general condition and the proposed or recommended additions or improvements.

SECTION X. A new Section 7-113 be added to the Municipal Code of Fremont, Nebraska, Ordinance No. 3139 to read as follows:

§7-113 MUTUAL AID, DISTANT FIRES. Pursuant to any Interlocal Agreement with a surrounding Fire District for mutual aid and protection, fire equipment of the City may be used beyond the corporate limits to extinguish reported fires.

SECTION XI. Sections 7-201 thru 7-202, of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, are hereby repealed.

SECTION XII. Sections 7-203 thru 7-207 and 7-209 thru 7-213 are hereby amended to become Sec-tion 7-201 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-201 FIRE PREVENTION; DOWNTOWN FIRE LIMITS. The following territory in the City shall be and constitute the Downtown fire limits: All lands included in the official Zoning Map of the City of Fremont and in Blocks 171, 182, 183, 184, 185, 186, 187, 204 and 205, Original Town, City of Fremont, as platted and recorded at the Dodge County Register of Deeds Office.

No structure shall be built, altered, moved, or enlarged unless such structure conforms to the requirements of the International Building Code as adopted by the City Council, provided however, that said International Building Code shall be modified as follows:

A. If a structure is located within five (5’) feet of a side or rear lot line, unless said lot line abuts a public right-of-way, all exterior walls shall have a non-combustible covering (i.e. no wood or fire retardant treated wood). Also, there shall be no Type V Buildings constructed within the Downtown Fire Limits.

In the event that any wooden or combustible building or structure, which stands within the fire limits is damaged to the extent of fifty (50%) per cent or more of its value, exclusive of the foundation, it shall not be repaired or rebuilt, but shall be taken down and removed within fifteen (15) days from the date of such fire or other casualty.

It shall be unlawful for any person to locate, establish, or maintain any lumber yard or place for the piling, storing, keeping, or selling any lumber, or to keep any lime, lath, shingles, hay, straw, or other combustible materials on any lot or parcel of ground within said fire limits.

Detached frame buildings not larger than ten (10’) feet by fifteen (15’) feet in size and temporary frame structures may be built within the fire limits of the City after obtaining authority from the Mayor and Council by resolution authorizing such construction.

The Council, by resolution, after due notice to abutting property owners, may prescribe in a specific case a variance in the application of any provision of this Article in harmony with the general purpose and intent of this Article, so that the public health, safety and welfare of the City may be conserved.

It shall be unlawful for any person within the fire limits of the City to use any container for debris, garbage and waste matters unless such container shall conform to the standards prescribed by the National Board of Fire Underwriters or shall be constructed of material rated as one-hour fire resistant.

It is hereby declared to be unlawful for any person to store or cause to be stored any litter within the fire limits, except as may be hereinafter provided. Litter is hereby defined as as, but not limited to, Trash, rubbish, refuse, garbage, paper, rags, and ashes; Wood, plaster, cement, brick, or stone building rubble; Grass, leaves, and worthless vegetation; Offal and dead animals; and Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.

The City Council may, upon recommendation by the Chief of the Fire Department, authorize the storing of junk along a railroad right of way or other properties having trackage facilities. The City Council may by resolution, upon the recommendation of the Chief of the Fire Department, permit the storage of junk in other places within the fire district when the same is stored in buildings or behind such enclosures as will prevent the storage of such junk from becoming a menace to the safety of any property in the City or the health of the inhabitants thereof. Such a permit as may be granted by the Council shall be subject at all times to revocation by the Council when in its opinion either the conduct of the party maintaining

such storage yard or the changed circumstances of the surrounding property are such as to warrant such revocation. The revocation shall be made by resolution and a copy thereof served upon the owner and occupant of the premises so operating under a permit by having the Chief of Police serve a copy of such resolution and if such parties cannot be served personally then by mailing a copy of such resolution to the owner or occupant at his last-known address. In interpreting this Section insofar as the same applies to used cars and secondhand parts of cars, it is the understanding that this Section does not apply to bona fide secondhand automobile dealer but the mere fact that the operator of such establishment reconditions or sells some secondhand cars shall not eliminate his establishment from the effect of this Section.

SECTION XIII. Section 7-208 is hereby amended to become Section 7-202 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-202 FIRE PREVENTION; FIRE PROHIBITED. It shall be unlawful to keep, store, or main-tain, in any building or on any premises, any waste, refuse, debris, rubbish, garbage, or other loose combustible material, except recognized fuels, in such manner as will enhance the danger of fire on said premises, when located within the City limits of Fremont.\

SECTION XIV. A new Section 7-203 is hereby added to the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-203 OPEN FIRES; WHEN ALLOWED. (1) For purposes of this section, Open Fire shall mean burning under such conditions that the products of combustion are emitted directly into the ambi-ent air.

(2) No person shall cause or permit any open fire within the limits of the City. (a) It shall be unlawful to conduct any burning of waste materials, wood, paper, cardboard, rak-ings, leaves, grass, weeds, litter, sweepings either on public or private property within the City limits.

(3) Exceptions: (a) Fires set solely for the outdoor cooking of food for human consumption; (b) Outdoor fireplaces as per Section 7-204 (c) For the purpose of training public or fire fighting personnel (d) Fires contained in incinerators that are an integral part of a building and installed to meet all applicable national and local codes and standards

SECTION XV. Sections 7-214 thru 7-216 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, are hereby repealed.

SECTION XVI. Section 7-217 is hereby amended to become Section 7-204 of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-204 FIRE PREVENTION – OUTDOOR FIREPLACES; ENUMERATED.

(1) Fire prevention--Outdoor fireplaces. The term “outdoor fireplaces” shall include portable fire pits, chimineas, and fire rings. These outdoor fireplaces use wood as a fuel and are used for contained recreational fires for the purpose of outdoor cooking and personal enjoyment. Outdoor fireplaces do not include barbeque grills that use propane or charcoal as a fuel and used primarily for outdoor cooking. Portable fire pits are defined as being commercially designed and intended to confine and control outdoor wood fires. Chimineas are defined as an outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires. All outdoor fireplaces shall meet the following requirements:

(a) Construction. The fire fuel area and openings shall be completely enclosed by steel screening or an approved non-combustible screening material with openings in screening to be not larger than one-half-inch square. Vent stacks and chimneys shall have a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than one-half-inch square. Fire fuel areas shall be covered with a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than one-half-inch square. Not permitted are barrels, half-barrels, drums or similarly constructed devices;

(b) Size. The fuel area for a fire pit shall not be larger than three (3) feet in diameter and a height of more than two (2) feet;

(c) Location. Outdoor fireplaces shall be placed on a stable non-combustible surface such as a con-crete pad. All outdoor fireplaces will be placed on a firm, noncombustible surface while in use and it is recommended that they be fifteen (15) feet from the property line and ten (10) feet from the nearest structure. Outdoor fireplaces shall not be located on combustible balconies or decks or on any balcony above the first floor. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure.

(2) Types of Materials Being Burnt. Outdoor fireplaces shall only burn commercial logs and untreated wood; natural sawn dry wood will be allowed to be burned. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that may flow out of the containment or cause excessive heat, smoke, or offensive smell shall not be permitted.

(3) Amount of Materials Being Burnt. The amount of material being burnt shall be limited to ensure the flames are confined inside the fuel area of the outdoor fireplace and the flames do not extend into the chimney or above the pit. The manufacture’s recommendation on the maximum amount of fuel to be used at one time shall be followed.

(4) Supervision. Outdoor fireplaces shall be under constant supervision by at least one (1) responsible person of age eighteen (18) or older from the ignition of the fire until the fire is completely extinguished and embers are cool and the fire will not rekindle.

(5) Provisions for Protection. A garden hose connected to a water supply or other approved fire extin-guishing equipment shall be readily available for use.

(6) Wind and Weather Conditions. Outdoor fireplaces shall not be operated when winds are blowing over ten (10) mph and wind direction will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Outdoor fireplaces shall not be oper-ated when weather conditions are extremely dry.

(7) Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacture’s instructions. The outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.

(8) Smoke Nuisance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of the neighboring property owner of any smoke nuisance. Outdoor fireplace use will be immediately discontinued if the use of the outdoor fireplace is determined to constitute a hazardous or unpleasant condition to occu-pants of surrounding property.

SECTION XVII. Sections 7-301 (Poisonous and Flammable Gases) and 7-302 (Explosives; Blasting Permit Required) of the Municipal Code of Fremont, Nebraska, Ordinance No. 3139, are hereby re-pealed.

SECTION XVIII. Section 7-303 (Fireworks) is hereby amended to become Section 7-301 of the Munici-pal Code of Fremont, Nebraska, Ordinance No. 3139, to read as follows:

§7-301 FIREWORKS, SALES AND USE, PERMITTED DATES, FEES, LICENSE REQUIRED, PERMITTED STRUCTURES.A. Definitions. (1) Permissible fireworks shall mean only fireworks approved under Section 28-1247 of the State Fire Marshal’s Act Book. See also Rules and Regulations concerning fireworks in the State of Nebraska Administrative Code, Title 157.

(2) Person as used in this Article shall include any person, firm, partnership, association of per-sons, club, or corporation.

(3) Sale shall include barter, exchange, or gift or offer therefore, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.

B. General. It shall be unlawful for any person to possess, sell, offer for sale, bring into this City, or discharge any pyrotechnics, commonly known as fireworks other than permissible fireworks; provided, that the provisions of this section shall not apply to:

(1) Any fireworks for purposes of public exhibitions or displays purchased from a licensed dis-tributor or the holder of a display license to be issued by the State Fire Marshal, which license shall be good only for the calendar year in which issued and which shall not authorize the holder to sell or hold for sale any permissible fireworks or any firecrackers of any description, whether soft shell or hard shell; (2) Any public exhibition or display under the auspices of the City of Fremont;

(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this State;

(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal to any holder of a distributor’s license; or

(5) Toy cap pistols or toy caps each of which does not contain more than twenty-five hundredths of a grain of explosive material.

C. License Required. It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first having made application to the City Clerk (City Hall) or designee and received a license to do so from the City Clerk upon approval from the Fire Department. Such licenses shall be valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such license shall not be transferable.

An application for such license shall be obtained from the City Clerk or designee. The City Clerk or designee shall receive the application, accompanied by the fee set forth below and certification of liability insurance naming the City as additional insured of not less than one million ($1,000,000) and a copy of the Nebraska State Fire Marshal License for sale of fireworks. Upon the acceptance of a

complete application, the temporary stand and premises shall be inspected by the Fire Department. If in conformity with the City and State requirements, the City Clerk or designee will issue a receipt in the form of a license which shall be valid only for the calendar year in which issued and shall be displayed at the place of business of the holder thereof, where such fireworks are offered for sale at wholesale or retail.

Before June 15 of the calendar year for which the license is being sought, the fee for such li-cense shall be one thousand five hundred dollars ($1,500.00). On or after June 15 of the calendar year for which the license is sought, the fee shall be three thousand dollars ($3,000.00).

A separate license is required for each location approved under the provisions of this section.

D. Dates of Lawful Sale. Permissible fireworks may be sold or offered for sale in the City of Fre-mont on June 27 at 12:01 AM through and including July 4 at 11:59 PM of each year. No matches shall be sold or distributed from the temporary fireworks stand.

E. Temporary Fireworks Stands. Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from permanent buildings or structures in the City. Fireworks are to be sold from a temporary stand or enclosure, such stand or enclosure shall be of wood or steel frame construction covered with metal or wood and placed on a paved surface. Any temporary enclosure or stand shall be permitted only in those areas of the City zoned Commercial or Industrial, and only after a permit is obtained from the City Clerk or designee for the erection or place-ment of such temporary enclosures or stands. Such temporary enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only the period beginning on June 22 at 7:00 AM through and including July 9 at 7:00 PM of each year. Any such temporary stand or enclo-sure shall comply with the Site Development Regulations and Vision Clearance Zones per the Zoning Ordinance and not be located closer than fifty feet from any building, and at least one hundred feet from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed five hundred square feet in size.

F. Signage Required. The following signage in letters at least 2 ½ inches in height on a contrasting background shall be conspicuously posted on the stand in three separate locations:

1. No Smoking Sign. Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. The No Smoking Sign shall read:

NO SMOKING WITHIN 50 FEET

2. Discharge Dates and Time Sign shall read:

THE FREMONT MUNICIPAL CODE ALLOWS FIREWORKS TO BE DISCHARGED ONLY ON THEFOLLOWING DATES AND TIMES:

June 27 through July 3 – 8:00 a.m. to 11:00 p.m.July 4 – 8:00 a.m. to midnight

3. Safety Discharge Zone Sign shall reads as follows:

NO DISCHARGING FIREWORKS WITHIN 300 FT. OF THIS STAND

4. No Parking Sign. Vehicles shall not be parked within 12 feet of the temporary structure. The No Parking Sign shall read:

NO PARKING WITHIN 12 FEET

G. Age Limitation for Selling Fireworks. Retail sales establishments shall, at all times, be su-pervised by a person of at least eighteen (18) years of age. Failure to comply with this regulation may result in immediate revocation of the retail license.

H. Discharging Fireworks Where Sold Prohibited. It shall be unlawful for any person to discharge fireworks within 300 feet of the premises where fireworks are sold.

I Explosives; Throwing Prohibited It shall be unlawful for any person to throw any firecracker, or any object which explodes upon contact with another object: (1) from, at, or into a motor vehicle; (2) onto any street, highway, or side-walk; (3) at or near any person; (4) into any building; or (5) into or at any group of persons.

J. Discharge of Fireworks Permissible fireworks may be discharged, exploded, or used in the City of Fremont on June 27 through and including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be permitted during the following times:

June 27 through July 3 8 a.m. to 11 p.m.July 4 8 a.m. to midnight

The discharge of fireworks within the City of Fremont on any dates or times other than as set out in this section shall require approval from the City Council.

SECTION XIX. That the originals of all ordinances or parts of ordinances of the City of Fremont and sections of the Municipal Code of Fremont amended herein, and all other ordinances in conflict here-with, are hereby repealed.

SECTION XX. That this ordinance shall be published in pamphlet form and shall take effect and be in force from and after its passage, approval and publication according to law.

PASSED AND APPROVED THIS ______ DAY OF _______________, 2015.

_____________________________ Scott Getzschman, MayorATTEST:

_________________________Kimberly Volk, MMC, City Clerk

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Justin Zetterman, Interim Planning Director

DATE: February 5, 2015

SUBJECT: Request to Rezone Tax Lot 44 of Section 14, Township 17N, Range 8E and Tax Lot 4 of Section 15, Township 17N, Range 8E from CC – Community Commercial to R-2 – Moderate Density Residential.

Recommendation: Hold second reading

Background: This lot, located at 2211 N Nye Street, is owned by Yvonne Leuschen.

The property is currently zoned CC – Community Commercial making the residence a non-conforming use under the cur-rent zoning code. As a non-conforming use, it can be more difficult to obtain financing for the purchase of the property and the zoning code prohibits reconstruction of the non-conforming use should it be damaged at a cost that exceeds 60% of the home’s value.

The rezoning of the property will make the rezoned property contiguous with the R-2 zoning directly to the south along North Nye Avenue.

The future land use plan for this area is designated as Suburban Village. This designation includes the following develop-ment types: Mixed Use, Attached Residential Dwellings, Live/Work Units, Commercial Retail, Office, Public/Institution-al, Entertainment, Parking Structures, Parks, Plazas and civic spaces.

The current use of the land would be categorized as a detached residential dwelling.

This request was approved by the Planning Commission on January 19, 2015 by a 7-0 vote.

The proposed rezoning will not be in compliance with the Future Land Use Plan, and thus is not in conformance with the Comprehensive Plan, Blueprint for Tomorrow.

It is staff’s opinion that creating a conforming use for this property outweighs the small difference between a detached and attached residential dwelling in a mixed use setting.

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ORDINANCE NO. _____________

AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, AMENDING PARAGRAPH “B” OF AR-TICLE 406 OF ORDINANCE NO. 3939 TO REZONE THE PROPERTY DESCRIBED HEREIN FROM CC – COMMUNITY COMMERCIAL TO R-2 – MODERATE DENSITY RESIDENTIAL; TO REPEAL PARTS OF ORDINANCE NO. 3939 IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFEC-TIVE DATE OF THIS ORDINANCE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FREMONT, NE-BRASKA;

SECTION I. REZONE. That Paragraph “b” of Article 40 of Ordinance No. 3939 as it pertains to the Official Zoning Map is changed to rezone the following described real estate: Tax Lot 44 of Section 14, Township 17N, Range 8E and Tax Lot 4 of Section 15, Township 17 North, Range 8 East, City of Fremont, Dodge County, NE CC – Community Commercial to R-2 – Moderate Density Residential.

SECTION II. REPEAL. That part of the official zoning map referred to in Paragraph “b” of Ar-ticle 406 of Ordinance No. 3939 or any other section of said ordinance in conflict with this ordinance is hereby repealed.

SECTION III. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage, approval and publication as required by law.

PASSED AND APPROVED THIS _____ DAY OF _____________, 2015.

________________________________SCOTT GETZSCHMAN, MAYOR

ATTEST:

______________________________KIMBERLY VOLK, MMCCITY CLERK

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Justin Zetterman, Interim Planning Director

DATE: February 5, 2015

SUBJECT: Request to Rezone Tax Lot 43 of Section 14, Township 17N, Range 8E and Tax Lot 3 of Section 15, Township 17N, Range 8E from CC Community Commercial to R-2 Moderate Density Residential.

Recommendation: Hold second reading

Background: This lot, located at 2235 N Nye Street, is owned by Rick and Mary Coates.

The property is currently zoned CC Community Commercial making the residence a non-conforming use under the cur-rent zoning code. As a non-conforming use, it can be more difficult to obtain financing for the purchase of the property and the zoning code prohibits reconstruction of the non-conforming use should it be damaged at a cost that exceeds 60% of the home’s value.

The rezoning of the property, along with rezoning 2211 North Nye Avenue will make the rezoned properties contiguous with the R-2 zoning directly to the south along North Nye Avenue.

The future land use plan for this area is designated as Suburban Village. This designation includes the following develop-ment types: Mixed Use, Attached Residential Dwellings, Live/Work Units, Commercial Retail, Office, Public/Institution-al, Entertainment, Parking Structures, Parks, Plazas and civic spaces.

The current use of the land would be categorized as a detached residential dwelling.

This request was approved by the Planning Commission on January 19, 2015 by a 7-0 vote.

The proposed rezoning will not be in compliance with the Future Land Use Plan, and thus is not in conformance with the Comprehensive Plan, Blueprint for Tomorrow.

It is staff’s opinion that creating a conforming use for this property outweighs the small difference between a detached and attached residential dwelling in a mixed use setting.

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ORDINANCE NO. _____________

AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, AMENDING PARAGRAPH “B” OF AR-TICLE 406 OF ORDINANCE NO. 3939 TO REZONE THE PROPERTY DESCRIBED HEREIN FROM CC – COMMUNITY COMMERCIAL TO R-2 – MODERATE DENSITY RESIDENTIAL; TO REPEAL PARTS OF ORDINANCE NO. 3939 IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFEC-TIVE DATE OF THIS ORDINANCE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FREMONT, NE-BRASKA;

SECTION I. REZONE. That Paragraph “b” of Article 40 of Ordinance No. 3939 as it pertains to the Official Zoning Map is changed to rezone the following described real estate: Tax Lot 43 of Section 14, Township 17N, Range 8E and Tax Lot 3 of Section 15, Township 17 North, Range 8 East, City of Fremont, Dodge County, NE from CC – Community Commercial to R-2 Moderate Density Residential.

SECTION II. REPEAL. That part of the official zoning map referred to in Paragraph “b” of Ar-ticle 406 of Ordinance No. 3939 or any other section of said ordinance in conflict with this ordinance is hereby repealed.

SECTION III. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage, approval and publication as required by law.

PASSED AND APPROVED THIS _____ DAY OF _____________, 2015.

_____________________________ SCOTT GETZSCHMAN, MAYOR

ATTEST:

_________________________KIMBERLY VOLK, MMCCITY CLERK

STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Justin Zetterman, City Engineer / Interim Planning Director Dave Goedeken, Director of Public Works

DATE: February 3, 2014

SUBJECT: Request to build an over width driveway

Recommendation: Move to deny over width driveway

Request: Molacek Investments requests to construct and over width driveway at 5210 Oliver.

Background: On the property, there is an existing 30’ wide driveway to access an existing building near the north line of Lot 5, Fremont North Business Park. The applicant is requesting to construct an additional 30’ of drive-way to create a total driveway width of 60’ wide along with the construction of a proposed building to the south of the existing building. Within the Fremont North Business Park, there are buildings with driveways wider than the maximum of 32’ wide, see attached photos. It is the Public Works Department stance that vehicles are able to safely turn onto the existing 30’ street to access the site then a driveway of 32’ wide should be adequate if the radius of the curb returns are increased to more closely approximate the intersection of Oliver and County Road S.

Along with ease of access for large vehicles, for example RVs, the applicant has stated that another benefit to this 60’ wide driveway would be the ability to plat a property line between these two buildings in such a way as to split the 60’ driveway in half, leaving both with their own driveway.

The City of Fremont Municipal Code Section 8-501 allows a maximum width driveway of 32 feet and states that driveway widths in excess of 32 feet shall require approval of the Public Works Director and the City Council.

§8-501 DRIVEWAYS: PERMIT, REGULATION. It shall be unlawful for any person to construct a pri-vate drive from the roadway of any street or avenue in the City to his property without first making application to the Public Works Director for a permit therefore. Said permit shall be approved for a width of thirty-two feet (32’) or less. If the design includes a width of greater than thirty-two feet (32’), approval must be obtained from the Public Works Director and the City Council to assure compliance with acceptable engineering and traffic design principles and standards. A fee of twenty dollars ($20.00) shall accompany each application. On corner lots, it shall be unlawful for any curb to be removed or for any driveway to be constructed closer than ten feet (10’) from the property lines of the adjoining streets. All drives shall have a minimum radius of five feet (5’) on each side of the drive where it adjoins the street curb, unless approved by the Public Works Director and the City Council.

An application for a permit pursuant to this Article shall state the following:

1. The addition, block and lot which the driveway is to serve.2. The location of the proposed driveway with reference to property lines.3. The width of the driveway and the type of street surface to which the driveway will connect.

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STAFF REPORT

TO: Honorable Mayor and City Council

FROM: Paul Payne, City Attorney DATE: February 5, 2015

SUBJECT: Possible litigation

Recommendation: Move to go into executive session .

Background:

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