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1949 ~ r~~ ¡ /'0'- """"'" I ¡ ¡ [] ,-'- "("IV . J'.'" , ,.,. Blair, Nebraska , January 18, 1949 '"' . CPE1IIING ; , .. . ; .J The Mayor and Council of ,the City of :Blair, Washington County ø .Nebraska met in regular session in the Council Chamber at 8 o'clock P. M. Mayor. Scheffler presided. City Clerk L. W. Svendgaard recored the proceedings of themeeting.' . ROLL CALL The Mayor instructed the Clerk to call the roll.. The Clerk called the roll and the following Counòilmen were present: :J!!arnberg, Johnson, Kuhr, Pete1,"Sßn, 'R~ah'; .~Rounds and Vinton.' Councilman Sorensen was absent. aRDER OF BUSINESS Whereupon the Mayor announced that the introduction of Ordinances was now in order. Whereupon i t~as moved. by CouncUman "Ree\1 and se conded by. @,ounci linan Vinton that the minutes of the proceeding of the Mayor and C~uncil in the matter of :the passage, ~nd àpproval of Ordinance No. 631 preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair ø .Nebraska, and .that said separate and distinct volume be in- corporated in and made a part of these proceedings the same as though sprea. at larp;e herein." . . The Mayor instructed the Clerk to . call- the roll. The Clark. called the . 1 roll .and the following was the ,vote ,en this. motion: " " Yeas: Farnberg, Johnson~ Kuhr, Petersen, Reeh, Rounds and Vinton.. >~"Nays':.None:.f .-,'- " ;,. ,. 'r'" Absent: Sorensen. " ,,' I "'" ~ Motion carriàd. ' . , . , " ORDINAN CE NO. 631 Introduction of Ordinanca .No. 631 of the City of Blair"Nebraska, and the matter now coming before. the Mayor and Council, was the passage and approval of Ordi nà. nee 1110.,',631 of the City of 1iUair, Nebraska. This ordinance was introduced by Councilman Reeh and is in words and figures as follows, . ORDI:NANCß NO. 631 AN ORDINANCE.. Authorizing the' issuance of bonds of the City. of Blair, Nebraska, in the principal sum of Twenty-eight Thousand Dollars, said bonds being twenty-eight bonds, each of the denomination of One Thousand Dollars, said bonds to be dated Fabru,ary I, 1949, to be numbered from one to twenty- eight consecutively, to be known as "District Paving Bonds of Street JImprovement Distriòts 1IIumbers 26, 27) 28 and 29. City of Blair; .Nebraska"; prescribñng the fo~, substance and terms of said. bonds; authorizing the Ma'jror aJ;ld Clerk of said G:itytosign, èxe'cute and deliver said bonds; dir- ecting the City Clerk to prep9:re and, file with the Auditor of the state of Nebraska a certified copy of the acts and proceedings relative to the issurance of said bonds and to oa~se said bonds to be properly registered. BE IT ORDAINED BY THill' ~YOR AND COUNCIL OF TllI!; CITY OF BLAIR, NEBRASKA:, SECTION ,Ol'JE - That there be hereby authorized and it .is hereby di~ected that the negotiable bonds of'said City of Blair, Nebraska, be issued in the p~inoipal amount of 'œwanty~eight Thousand Dollars, said bonds to be of the denomination of One Thousarid Dollars each, to be numbered from one to twenty-eight. consecutively, ,and to be known and designated as .'lUstrict Pavi;p.g Bonds, Street, Improvement Districts 1IIumbers 26, 27, 28 and 29, City of Blair, Nebråska"; said bonds to bà payable to bearer, to bear interest at the rate of two and one-quarter per centum 'per annum, sa id interest :to be payable semi-annually on,the first daýs of August and February in each year, uz:¡.til said bonds are paidi said bonds to be dated FebrUary 1, 1949, and to become due and payable February 1) 1959, but reserving the right to said City at its option to call for paYD".e,Dt and pay not mora than three of said bonds on February 1 of any year, all of said bonds to be callable and payable at the option of said City on or after five years from their issuance date; interest payments"on' said bondš,,'to be. represented by inte'restcoupons attached thereto and said bonds arid interest coupons to be payable at the 'office of the County T'reasurer of Washi:n!1;ton County; Nebraska. in Blair. Nebraska, said bonds to 'be signed on behal{of said City by the Mayor and City Clerk thereof and the said City Clerk to affix to each of said bonds the seal of said City. 771 ,', ';, .. , : 'SECTIÛIiiTWO - Sa,id bonds shall 'be in substantia.l1y the following form, to-wit: " ",¡ ,UNITED S'l'ATES OF AMERICA t STATE OF Nl5BBASKA, WASijIlIIGTON COO NTY, CITY OF BlAIR. , , ", ' ¡' " . c' ; 'j'"" \' (, < i .!' !' " No. $l,OOO.OO .., . DISTRICT" PAVI:NG BOND Qity of Blair, lIIebraska Fabrua~ 1, 1949. KNOW AL1'MÈN BY THESE PRESENTS: ' That the' City of Blair, Nebraska, t;t City of thê'secdnd:"ölass~ in Washington'Coun'ty, State'!of 1IIeqraska, hereby,prom:i,ses ,~opà.y to ,bearer the sum' of One Thousand Dollars; in" lawful money of the United States, together with interest'therèon, from the' fi'rst day of Febru~ry, 1949 until paid,. at the rate of two and one-quarter per centum p.)'r'li:i:1num, payable semi-annually on the first day of August and the first day of February in each year On presentation, and surrender of the interest coupons høreto attached as they s/3verally become' due';, 'Both' 'pri:nc'ipal and interest on this bond are payable at the office of the County Treasurer of Washington , County ~ 1I!ebraska, itl 'Bla ir, Nebraska. " , þ,i.., I ", This bond is one of a series of'twenty;.,eight bonds each in the, principal, sum öf Oftå Thbuf;,ånd: Dollarsi" I!!àid series' agþ;rege.ting the 'principal sum :of Twenty":eight Tho1Ìsä::6.d Dollärs', 'du1y issued', by "virtue of> the acts' and proceed- ings of the Mayor'a:fid Couné11of" theeaty of Blair,J heretofore ; had and done pertaining thereto, for the purpose of paying the cost of improvement 'of certain streets in said City by paving, curbing, guttering or grave ing the same in Street Improvemeñt";D':i!strict,"1IIumbsî's;'26, 21, 28 ,and, 29 of said City. TheCity\ of Blàir ,,'Nebraska, h$r-eby' reserVes: the right at ':irbs option to call, for payment and to pay not more than three of this serieá of bonds on February 1,1950 and on February 1 of each year thereafter, said bond's if so paid to be called and paid in the ir numerical order, commencing with Bond,' .N1.imber One of sai,d serie s; the City of B.lair, Nebraska fU:rther reserves the right and option to call for payment and pay all of this series of bonds five yåars from the date hereof or at any time thereafter. For the 'prompt payment of the pr5.ncipal and i:rrt:erest of this bond the full 'faith~'creð.it ana property' of the City 9f Bläir~ 1IIsbraska,is'hèz<eby irrevocably pledged. It is hereby certified that aU of the acts, conditions and things required to be dóne precedent to and in the issuance of this series of bonds havé been done, have happened and have been performed in re~Iar and 'due form and that all, of the provisions of the Statutës of the State of ~ebraska and the Ordinances of said City applicable hereto have been fully- complied' With. " " " , ",., ' ," :', ¡, , " In witness hwereÒf'the' City of Bia ir, Nebraska has cuased this bond to be signed by its Mayor and attested by its It'ity C~lez<k under its Corporate Seal and has caused thä'interes,t o()uþohshereto' attached to be executed ,by, the facsimile sginatures of said officials this first day of February, 19~9. " " , .. .., " ,;' " .. :tð!i:;r.~b~.~~ ' Ilayor ~ ,Atte.t :. L.' " ,.','" a,'~~~" C t~ lé't~ "_:-~'::'i'" ,'C7":', (Sse¡l) " , "i : I '(, ' : ,,", , ¡ ,,', ,,', "" i , , The interest coupons attached to said bonds shall be in substantially the folloWing form except that dates of payment shall be semi-annual from February I, 1949,' and said coupons shall be numbered from one to twanty I inöluSiv'ê, 'tó';'wit: ' l ' {, -,,'" ", > ,- ,~"\ ~ ~ ~-l , 1 I ~ , i1 I I -', ,r-~, r¡ 'I, J r'-'" 'l ! ~ n ('--, 'rn No.. B'lair. Nebraska. 111'ebruary 1,. 1949-' ¡ $1l~25 , , , . On Ap.~ust I, 19 . the City of Blair, Nebraska, promises to pay to baarer lÜeven Dollars Md Twe'nty-five cents at the office of.. the County Treasurer of Washington County "Nebraska. at Blair, Nebraska, being the semi-:annual interest:on'said date ,due' on Bond .Number' : i ! of' the~'District Pavins Bonds Street ImprG>vement:Districts Numbers,26, 27, 28-and 29'.'Cityef BlaH,' Nebraska." , :"W~\~k~~44f~, (Seal) SECTION THREE - Xhe City Clerk is hereby authorized and directed wh~n said bonds are issued and executed as aforesaid, to ,forward the same to the Auditor of the State of Nabraska for registration together with a certified' copy of aU'the aots and proceedings of the Mayor and Council of said City pertaining , r' to the formation of and the work of improvement, in said Street' Improvement Districts Numbers 26, 27.28 and 29 and also~pertaing to the issuanca of said bonds and when said bonds have been registered by the said Auditor. to cuase the same'to be re/!;istered in the office of the ,County Clerk of Washington County, Nebraska, 'and therearter said Clerk isheraby authorized and directed to OUSE;t said registered, bonds to be de,livered to Washington County Bank of Ble:ir, Nebraska, the purchases thereof, upon their payment to the City , Treasurer of the purch~se price therefor in full in accordance with their contract to purchas;e said bonds heretfore intered into'. ; SEOTION F,CUR - All special taxes. and assessments ,heretfore levied against" the lots, parts of lots and parcels of ground within said se"1reral Street improvement Districts shall constitute a sinking fund for the payment of the bonds hElrein authorized, togethe~ with interest thereon. SECTION FIVE - This Ordinance " shall take effecg and be in force from and ~fter its passage.. approval and publication as required by law. Passed and approved this 18th day of January.~,. -:"" "',, ~ J(f;J~ yor ' :::fØ!~~ (Seal) ,',c,., ,'- " '. ¡ FIRST READI~G , I " The Ma.yor instructed the Clørk to read by title Ordinance No. 631 of the City of Blair. Nebraska. The Clerk thereupon read ~ aforesaid Ordinance No. 631 by title upon its first reading. Whereupon Councilman,Petersen moved that said Ordinance NO. 631 be approved on its first reading and its title a,e;reed to. Councilman Yinton seeoI1ded this motion. '" , Co-qncilman Vinton called for the question. The Mayor put the question and instructed the Clerk to oall the roll for the vote thereon. The Clark called the roll and the following was the vote on this motion. , Yeas: Farnberg, Johnsòn, Kuhr, Petersen, Rash, Rounds and Vinton. Ways:' :None. Absent: Sorensen 'Motion carried. ,/""", I: n I ! ,"~'" 0 ~"', ,776 Bì.lair, Nebraska May 3 J 1949 OPENING T,he Mayor and Côuncil of the City of ßJ,air, Washington County B Nebraska met inr',egular session' in 'the Council Chamber 'at '8' 0' clock P.M. Mayor Scheffler presidad. City Clerk L. W.,Svendgaardrecórdad tha proceedings of the meeting. ROLL CALL The Mayor instructed the (nerk to call the roll. The Q;1erk called the roll and the follo1ïringCounóflman were present: ramberg, Johnson, 'Kuhr, Petersen, Resh, Rounds, Sorensen and Vinton. ' ORDER OF BUSINESS , I ' Whereuþon the Mayor announced that the introduction ó:f' Ordinarices was now in order. , Whereupon it ilV'aS moved by Councilman Reeh apd seconded by Councilman Vinton that the minutes of the procaeding of'the 'Mayor and Council in the matter of the passa~e and approval of Ordinance No. 632~preserved and kept in a separate and distinct volume known as the Ordinance Record of the City of Blair. Nebraska. 'and that said separate and distinct volume be incorporated in and made a part of these procaedingsthe s'ame as. though spread at large herein. The ,Mayor instructad! the (¡lerk to call the roll. '!the Clerk called the roll ,and the following was the vote on this motion: Yeas: Farnberg, Johns;>n, Kuhr. Petersen, Reeh, Rounds, Soresen and Vinton. Nays: None. Absent: None. ' Motion carried. ORDINANCB NO. Introduction of Ordinance No. 632, of the City of ßlair, Nebraska, and the matter now coming befora the Mayor and Council, was the passage and ,approval of Grdinance No. 632 of the City of Blair, Nebraska. This Ordinance was introduced by Councilman Kuhr and is in words and' figures as follows, ORDINANCE NO. 632 'An Ordinance prescribing rules and regulations with reference to the hauling of refuse. garbage, waste, rubbish and tree branches within the City of Blair, Nebraska, and providing for the penalty for the violation thereof. ) , BE IT, ORDAINED BY:, THE MAYOR AND. COUNCIL OF. THE CITY' OF' BLAIR, NEBRASKA; SECTION 1. It shall be unl~wful for any person, firm 'Or corporation to transport re~use, garbage, wate and rubbish within the City of Blair, unless said m~tter is transported in vehicles having closed bodies or invehiolòs , with an adequate tarpaulin or cover SO that said m~tter will not spill from said vehicles. SECTION 2. It shall be unlawful for any person, firm or corporation to haul large tree ,limbs or branches behind vehicles within the City of Blair. , , SECTION 3. Any person Or parsons who shall violate, disobey, omit, neglect or refuse tooomply with the foregoing regulations shall, upon conviction thereof, be fined in!a sum of not less than Five Dollars ($5.00) or more than Twenty-five Dollars ($25 .00) ~ . . . SECTION 4. This Ordinance is to take efføctand be in force ,from and after its passa~e, approval and pUblication, as required by law. 1949. ATTEST: r--, [ ~ n \ I /-'" '.0 780 OPENING The Mayor' and Council of the City of Blair, Washington County, Nebraska :mat in re¡¡;illar.sess,ion in the CouncE Chambår at 8:00 o'clock P.M. Mayor Schl3f~ler presided. City Clerk L. W. Svendgaard recorded the proceedings of the meeting. ' ROLLCj\.LL ' The Mayor instructed the Clerk to, call the roll. The Clerk called the roll and th~. following C ounci1:man we're present: Johnson, Kuhr, Petersen, Raeh, Rounds, Sorensen and Vinton. Councilman Farnberg was absent. ORbER OF BUSINESS V\'hereupon the ,Mayor announced that the' introduction of Ordinances was nO'N in order. Whereupon it was moved by C,ouncilman Reeh B,nd seconded by Councilman Vinton that the minutes of the proceeding of the Mayor aI).d Council in the matter of the passage and approval of Ordinance No. 633 be preserved and kept in a separatee,nd distinct volume known as the Ordinance Record of the City of Ilair, Nebraska, and that said separate and distinct volume be in- corporated in and made a part of these proceedings the same as though spread àt larp;e herein.' . . The' Mayor instructed the Clerk t'o cal¡ the roll. The Clerk called the roll and the following wás the vote on th is motion: Yeas: Johnson, Kuhr, Petersen, Reeh, '¡(ounds, Nays: None. Absent: Famberg. Motion carried. " Sorensen and Vinton. ORDINA.NCß NO. 633 Introduct ion of Ordinance No ." 633 of the City of Blair, Ne bràska, and the matter now coming before the Mayor and CoÙDcil, was 'the passage and approval of Ordinance No. 633 of the City of Blair, Nebraska. This Ordinance was introduced by Councilman Vinton and is in words a.nd~igures as follows, ORDINANCE NO. 633 AN ORDINA~CE. TO REGULATE. THE LCCATION AND USE OF BUILDINGS, STRUCTURES AND 'LAND FOR TRADE, INDUSTRY, RßSIDENCE OR OTBßR PURPCSES; TOREGULl\.'rE THE SrZEOF BUILD:I;NGS AND òrHER'STRUCTURES; TO ESTlI.BLISH,BUILDING LINES; ~STABLISmNG THE BOUNDARI~S OF DISTRICTS DEEMlim Bl!;ST SUITED TO CARRY OUT THE PROVISIONS OF THIS ORDINANCE; REQUIRI1:JG THE ISSUANCE OF BUIlDING PERMITS BEFORE THE ERECTION, CONSTRUC'!I ON, BE-C ONSTRUCTIO~ 9> ALTERATiDN, ENLARGlli~NT, EXTENSION, RAZING OR MOVI NG OF ANY BU IWING OR STRUCTUR.J;j; PROV;WING FOR A BOARD OF ADJUSTMENT AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINAHCßS IN CONFLICT EEREWITH. WHERE~S the City Council of Blair, Nebraska, deems it necessary in order to' promote health and ¡r,enere.l welfe,re; to provide adequate light and air; to avoid undue crowding of ;'population; to facilita.te the adequate provisions of transportation, ,water, sewage, schoold and other pUblic requirements; to con- serve, th$ value of property and encourage -the most appropriate use of land .1 throughout the City in accordance with a comprehensive plan; NOW THJ:j;REFORE, BE IT ORDAlN.b.l) BY THl!; MAYOR AND COU1CIL OF Tlli CITY OF BLAr R, NEBRASKA: SECTIONl. DISTRICTS. For the purposes of this Ordinance the City of Blair, Nebraska, is hereby divided into four classes of district-s as follows: Residence ttA» District; Residence' tlB" Dist riot; "C.. Comerc ia1 Dis trict; liD.. Industrial District. The boundaries of the various districts within said City are hereby established as shown an the' official zoning, map of the City of Blair which map with all its desi~nations is hereby declared to be a part of this Ordinance. SECTION 2. DISTRICT BOUNDARIßS. The boUndaries of the various districts astabl~shed by this Ordinance are strast lines, alley lines, p:r;operty lines, lot lines or qt)1E1r lines shovm on the official zoning map. Where boUIidaries are e.pproximatély indicated as property or lot lines, the true locations of such lines shall be taken as the boundary lines. '¡81 $ECTION 3. "A 'I RESIDENOE; DISTRICTS. A. USE REGULATIONS. A build:lng or premises may be used only for: (1): One.and two family dwellings, apartment h,ouses and rooming houses; (2 )Chur'ches; , ' (3) Schools; . (4) Libraries, pari,ks, playgrounds, fire station buildings aI1;d community buildings, when such community buildings 'are owned and controlled by , this City or. by, the County or State; ,or subdivisions thereof; (5) ,Farming and truck gardeni:pg e;¡c~epting sorghums and field, corn, and keeping of poultry but not livestock; , (6) Hospitals or institutions of an educational or philanthropical nature; (7) Accéssory 1:?uild fugs including one private garaga per dwelling when located not less than sixty feet from the front line of the dwelling lot and covering not more than ona-third of the rear yeard ,area, or within or attaÿhed to the dwelling, in which instance the location thereof shall be subject to 'general ,set-back regula-tions hereinafter set forth; (8) Uses customarily incident to any of the above, uses when located on the sama lot, and not involving the conduct of a business on the premises, and the offica of a physician, real estate dealer, surgeon. dentist, mUsician, beauty operator or artist. when situated in the dwelling; Provided, no name plate shall exceed ana square foot in area; no signs exceeding eight sqaure feet in area. appertaining to t he lease. hire or sàle of a building or premises', nor advertising sign of, any other character shall be permitted in any "A" Residence Dist ri ct. " (9) The use of auto trailers as p3rmanent livin~ quarters will not be per- mitted' within said. di st~;ct. B. HEIGHT REGULATIONS. No family dwellings shall hareafter be erected or altered . structurally in sa id district to exceed thirty-five feet in height or two and one- half storie s . Oi. AREA RI1GULATIONS. (1) SETBACK LINES. There shall be a såt back line for all buildings of not less than twenty-five feet from the curb line. of the street on which the building fronts provided ;thàt where forty percent or more of the lots in the same block on. the sarì1.est11êet contain buildings. the majority of which have an avera~e. setbaék line/with a variance of not mora than six feet, no building hereãfte r erected or structurally alterl3d shall project beyond the average setback line so establis~ed and provided ftt.rther that this regulation shall not be so interpreted as to require a setback Hne of more than, fifty feet. On, corner lots the front line of the building shall comply V\rl th the .setback. re~gulations for the street upon which" tJ;¡,e front of the buildin~ faces. Corner lot buildings shall be set back to conform to not less' than one-half of the set-back requirements on side strG~ts except where there are no buildings fronting on the. side street, side yard requirements only as hereinafter set forth. shall apply. Aöcessory buildings on corner lots re~ardless of which way ,said buildings face. shall be set back to conform to 'the full 'front' setback required on both streets 'except that where there are no buildin~s fronting on the, side street the side yard requirements only shall apply on that side. . (2) SIDE YARD. There shall be a ~ide yard on e,ach side of ea,ch principal building' of not Jess tha;n fi va feet in -width. . , ' (3) REA.R YARD. There shall be a re~r yara of not l~ss than brenty-five feet for an interior lot and ~venty feet for a corner lot. . (4) DENSITY OF POPULATION. No family dwelling shall hereafter be erected or altared 'structurally to provide for a lot area of less than forty-eight hundred square feat. ~ . (5) BUILDING AREÀ. No buildings shall be so constructed or structurally altered as to have a floor area exclusive of unenclosed porches, basements and garages of less than six hundred sque;'J1e feèt. ' I 8E.CTION 4. "B" ',.RESIDENCE DISTij,ICTS. The use rGg~lations fôr the I'B" Residenoe "';j".J>;i,~t,riots af-e the' same as those for the "All' Residenoe' Districts with the exception . that' all types of agricu~ture and t,hekeeping of 13.'11 types of livestock are per- ',tni!tted in "13" Districts. The regurations contained in SECTIŒ 3 as to "A" Re'sidance Di;3tricts concerning height, setback, side yard. rear yard, density á' population and area requirements shall apply alsO to "BII Residenoe Districts. , . . SEOT!ON 5. ltc"~ COMMERCIAL DISTRIOTS. A. USE REGULATIONS. A building' or 'premises in said Districts may be used for any purposes except the following: ) --, 1 n f ~" 'n I , r", '(8Z Blaoksmith or horse shoe ing works ¡' b~tt linK works; building material stora~e yard; carting: ~ express~ hauìing or, storage yard;, coal ~ coke or wood yard¡ contrß otars plant, or stòrage yard; cooperage works, livery' stable,or ridin~ academy; dfsmantling'orwrecking òf åutomobiles or machineryrmachfrie, shop;pouitry killing, dressing o,r storage; manu- facturing, 0 reams ry; stone monument works; storage warehouse¡ tinsmith shop; wholesalè warehouse or business or any UBr.¡t' nòt p3.rmittad in liD" Industrial Districts.' ,'p , B. HßIGHT RlliGULATIONS. No bui¡ding shall hereafter be erected or structurally altered to exceed si:x:ty feet or five stories. ,...,.[..."",:."C.'AR~ REGULATI.ONS. ;Buildings in Ite" , I any area regulations. i I SECTION 6.. tlDtt INDUSTRIAL, DISTRICTS. I "..-... , n r>" rl ,~" districts shall not be required to observe A. USE REGULATIONS.' The buil~ing or premises in said for, any purpos,es except -bhe following: (1) Natural or artificial gas minufåcture or storage; (2) Acidmanufaoture; (3) Arsenal; " (4) è}êl1uioisl nnanufacture ;\ (5) Crematory; i (6) Creosote treatment or manufacture; (7) Disinfectants manufacture; (8.) Fireworks or explosive manufacture or storage thereof; (9) GunpOtN'der manufactura or storåge;. (10) Inoineration or reduction o~ garba~e; or of,dead animals or òffal~ or refuse; (n) Re,finer::i:es of rßtroleum or petroleum prQd'.lcts; (12) Rubber or gutta percha manufacture or treatment; (13) Sme Iters ; (14) Stock yards: , (IS) Or, simi'iar establishments Of such nature that 'the emission of odors, gas~ dust, smoke' ()r noise thare1'rom. shall or me,yconstitute a menace or dane;ar to the public health" safety or. w,elfare. B. HEIGH1' R&:GULATIONS. No bl:\ilding sha-ll aHara? insa:td, d istri at to exceed, sixty Districts may be used hereafter be erected or structurallý f,eet in h~ ight. ' , C. AREA REGULATI eNS. Buildings in II D" JJistricts shall not be required, to observe any araa ;reg~lations. ' SECTION 7. BOARD, OF ADJUSl'iI~NT. The City C'ouncil shall act as a Board .of 'Adjustment for the' enforcement and interpretation of this Ordinance. The genèral powers of the Board are those contained in Sections' 19-907 to 19-912 inclusive, Revised Statutes of Nebraska fó:r: 1943~ and those Statutês together with any 'amendments .thereto are made a part hereof by specific reference, appeals from deci sions of the Board 'of Adjestment, to be had as provided by Se,ction ,19-912 of sa id Statutes. SECTION 8. BUILDING'PJ!.:RMITS. A. It shail be unlawful to commence or to proceed with'the erection, con- struction ~ re-construction, convarsion~ alteration, enlargement or extension ' . ' I , of the exterior of any building or any part thereof when the cost of said 'IJI'ork is Over $500.00 or to move or raze any building or structure without fil'st hav:tnp:,applied inwriting"to the City Clerk for a building permit to do so~ ( B. Application for a buildingp3rmit shall be in writing and shall be de- livered to the Cit~r Clerk who shall rafer such applice.tions to the City I..:ouncil for rajection or euthori zat ion for issuance of a' permit. Such applications shall be accompanied by specifications showing the size of the proposed buildinr., or structure and its location on the lot ~ in the case of naw construct- ion, and in a-11 cases the proposed construction materie 113 and details and type' of construction to be used. C. ~lank fòrms shall be provided sáid City Clerk for the use of those applying for' parmits as provi<ied for in this Ordinance. Any permits authorized by the City Council shall be issua-d by the, City Clerk and shall be on stand~rd forms ~or such' purposes and fu,rnished by the City.. 'D.. A c,areful record of all such appJ,ications. plans and permits shall be kept in the office' of the City Cle rk. E. The fees to be. charged for but Iding permits from and after the passE\p:,e of this ordinance shall be as follows: '(83 ' (1) For w9,rk costing over $500 but not over $1000 - $ ,.50 (2) Forw~rk costing ,over '$1000 but not over $2500 - 1.00 '(3) For work costing over $2500 but not over $5000 - 2.00 (4) For wôrk costing over $5000 but: not over $10000 - 3.00 (5) For work costin~ over $10000 but not over $15000 - 5.,00 (6) Forwork;::costingi overy$15000, but not over $~5000 - 7.00 (7) For 1¡\~rk cost ing over $25000 bu'!; not over $50000 - 9.00 (8) For work cost ing over #50000 12.00 F. Any buildtng permit under which noconstruotion work has been commenced within six' months after the date of issue of said permit or under which the proposed construction has not been completed within -cv.ro years of the date of issue, ,shall expire by limit~tioni.and no ~!orkor operation sh.!ll,take place under such permit after such expiration. Upon payment of te~ cents per month on each one thousand dollars of the construction cost on "Thiah the ori,ginal permit was is~ued, but not. less thap one dollar permonth in any case. a building :r;:e M¡1.it 'may be extended -for a period not exceeding six months by theC:i.ty Glerk. ---., 1/;,'. tt SECTION 9. ANNEXATIO:N OF ADDITIONAL TERRITORY. , 1fJhen any terrotory is hereafter amiexed to this city bY ¡1la.t'r:EJ':itt'ension ,'i'NgiHN[::Jof"tha èitylimits, Or otherwise, suc~ terrmtory shall automatically, when V,?'),"annexed, become a Residence "At! Dis.tr~ct and be governed 'br, ,regulations ' ,,;",ancL restrictions relative to such district; unless a request is made at tha . " . 'time of or previous to the time of annexation requesting that such property become anothár type or class of district, in wh'ich event the Board of Adjustment shall'determine the clássification of such property annexed. These provisions shall fUlly apply to platting or re-platting of existing tracts, which ~re now within the corporate limit s, but which are as yet unplatted or which may, be ra-platted. SECTION 10. SUPPLEMENT TO FIM LIMITS OitDINANCE. 'This Ordinance is supplementary to, Chapte'r 10; Volume ;¡. of the Munici,pal Code of the' City of Blair, setting certain fire limits within 'bhe City of Blair and providing . for build inp;permits therein. " , L. .', SECTION 11.. Ea.-ch section and subdiv,ision of e. section of this Ordinance is hereby declared to be independant of every other section, of subdivision of a section so far as inducement for the passage of this Ordinance is concerned; and the ;..nvalidity of any section or subdivision of s. section of.' this. ordinance sha,ll not invalidate any other section or subdivision ora section thereof. ' r¡ , . SECT'IÒN12. .Any Pe rson, firm or corporat ion who shall violate any, of the prov,isions of this Ordinance shall for each and every violation be fined in a,ny sum not exceeding One Hundred Dollars and shall stand committed to the . city jail until such fine Bnd costs of prosecution are 'paid. SECTION 13. All, Ordinances or part¡s thereof in conflict herewith are hereby repealed. This Ordinance shall be published as by law provided, and' shall take effect .and be in force from and) after its passage and publication. Dated June 7,1949 Approved: 1)~4ftlfßk ~ Orval Scheffler ayor '---- FIRST IŒADING n' l'he Mhyor .instructed the Clerk to read by title Ordinance No. 633 of the City of Blair, Nebraska. The C lark thereupon read ~afol'esaid Ordinance No. 633 by title upon its first reading. Vi'hareupon Councilman Kuhr moved that said Ordinance No. 633 be approved an its first reading and its title agree~ to. Councilman Rash seconded this motion. ' Councilman Kuhr' caUed for the question. ,The Mayor put the question and instructed the Clerk to call the roll for the vote thereon. The Clerk cellsdthe roll and the following wásthe vote on this motion. '\ "n ~ I ~ r~1 '_J . , n ,= .u;.a.a1r. .N.þt~' June 21 t 1949 781 OPENING The Mayor arid Oounoil of the Oity of Blair, Washington ¡jounty, Nebraska met in regular session irt the Council Chamber at 8:00 o'clock P.M. Mayor Schafflor presided.. City Clerk L. W. Svendgaard recorded the proceedings of the meétinf!;. ROLL CALL . The Mayor instructed the Clerk to ,call the rolL. The Clerk O9.11ad the roll and the following Councilmenwara presErnt:Johnson, Petersen"Reeh, Rounds. Sorensen and Vinton', Councilman Farnberg absent and Councilman Kuhr reported a,fterroll call. . ORDBR OF BUSINESS Whereupon the Mayor announced that the introduction of Ordinances was now in order. , Whereupon it was moved~Counoilman Rounds and saoondedby Councilman Vinton that the minutes. of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinå.nce No. 634 be preserved and! kept in a separate and distinct volume known as the Ordinánce Record of the City of Blair, Nebraska, and that said separate and distinct volume' be incorporatedîn and made a part of these proceedings the same as though spread at large her{:j~. ' The Mayor instructed the Clerk to call the roll. The Clerk called t1:e roll and th,e following was the vote on this motion: Yeas: Jo!mson. Petersen, Reeh, Rounds, Sorensen'and Vinton. Nays: None. Absent: Farnbar~ and Kuhr.. 'Motion carried. ~ , " ORDINANCE NO. 634 Introduction of Ordinance No. 634 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council, wa.s the passage and' approval of Ordinance No. 634 of the City of Blair, Nebraska. This Ordinance \\r&S introduced by 'Councilman Rounds and is in words and figures as follows, ORDINANCE NO. 634 AN ORD!NANCE AUTHORIZING Till ISSUANCE ,AND SALE 'OF ElECTRIC SYSTJ:;M .Rl!;VßNUE BONDS OF THE .CITY OF BLAIR, NEBRASKA. OF THß PRINCIPAL .AMOUNT OF' ONE HUNDRED FIFrY THOUSAND DOLLARS ($150,000) FOR THBJ PURPOSE OF MAINTAINING 1 EXTillNDING. ENLARGING AND IMPROVING TBE EU:CTRIC LIGH'£ AND POWER PLANT. DIS'fRIBUTION SYSTEM AND TRANSMIS,SION LINESOTllNED BY THE CITY' OF BLAIR: PRH:SC1UBING THlli FORM OF SAID BONDS AND PLÉDGING AND HYPOTHillCATING THE RBVEI'IDE AND ßAmHNGS OF THe; ENTIRE ELECTRIC, LIGHT AND POWßR ~UNTiDISTRIBUTION SYSTEM AND TRANSMISSION LINES AND ALL EXTENSIONS AND IMPROVillMill.NTS Tlfu;RiiOF, NOW OWNED OR TO BE OWNED BY THE: CITY FOR THE PAYMENT OF SA ID BONDS AND ENTERING INTO A CON1'RACT ON BBHALF OF THill CITY WITH TEE HOLDßRS OF SAID BONDS AND ESTABLISHING CßRTAIN FUNDS AND REGULATING THE ACCOUNTING FOR AND APPLICA1'ION OF THE GROSS EARNINGS OF TEE CITY'S SAID ELECTRI C LIGHT AND pO1.rr~R PLAN1'. DISTRIBUTION SYSTl!J.M .AND TRANS'" ~ITS'S ION LINES. ' , BE ,IT ORDAINED BY Tl:!ill MAYOR AND COUNCIL OF TBE CITY OF BLAIR, NEBRASKA: If'" Section 1. Tha Mayor and Council of the City of Blair, Nebraska. hereby find and determine: The City owns. maintains and operates its electric light and power plant. distribution system'and transmission line~; to adequately serve the 'city and its inhabitants it is, necessary that said electri,o light m d power plant ~nd system be maintained. extended, enlarged and improved; plans, specHicat,ionsand an estimate. of the cost thereof have been made by the engineer appointad by the Çity and have been approved by the Qouncil; the cost of such maintenanoe, extension. enlargement and Lmprovement of said property is in axc~ss òf$150,OOO; all conditions. acts and ,things required by law to exist or to be done ,precedent to and in the issuance of revenue bonds do exist anci have been done indue form. e.nd' time as provided by law,. .,., -ft5t5 Section 2. For the purpose of maintaining, extending, enlarging and impr9ving the electric light and power plant'and distribution system and transmission lines owned by the City 'of ~lair there shall be and there are. hereby ordered issued negotiable coupon bonds of the City of Blair, Nebraska, to be known as "Electric System Revenue, Bonds" of the aggregate principal amount of One Hundred Fifty' Thousand Doll&rs ($150,000) consiSting of 150 bonds of $1000 each, numbered from 1 to 150 inclusive, d~ted Julyl, 1949, bearing interest attha rate of two and one quarter per centum (2~%) par annum, payable semi-annually on the first day of January and July of eaøh year and the principal of said bonds shall become absolutely due and payable as follows: \ Seroial Number Amount Date -" Nos. 1 to 15 $15;000.00 July 1; 1950 1 16 to 30 15,000.00 July 1, 1951 31 to 45 l5,OOO~00 July 1,1952 46 to 60 15,000.00' July 1, 1953 61 to 75 15,000.00 July 1, 1954 76 to 90 15,000.00 July 1, 1955 91 to 105 ,15,000.00 July 1,1956 106 to 120 15,000.00 July 1,1957 l21 to 135 15,000.00 July 1, 1958 136 to 150 " 15,000.00 July 1,1959 ,I ]!!rovided, however, the City reserves the right to redeem any or all of said bonds in the inverse order of their serial numbers at any ti1'J1ß on or after five years from ,the date of issuance' thereof. Said Bonds are' ,not general obligations of the City but shall be payable solely from the revenue and earnings of said property as provided in this ordinance. Section 3.' 8.aid bonds shall be executed on behalf of ,the City by baing signed by the Mayor and City Clerk and shall have the City seal impressed on each bond. The interest coupons shall be executed on behalf of tl1e City by being signed by the Ma.yor and Clerk either by affixing their own proper signatures to each coupon, or by causing their facsimile signatures to be affixed thereto, and by executing a bond the Mayor and Clerk shall be deemed to have adopt~d as and for their own proper signatures their facsimile signatures affixed to the coupons pertaining to sa id honds. n Seotion 4. For the pàyment of said bonds, both principal and in't;e'rest, the City hereby pledges and hypothecates all the revenue and earnings of said electr~c litr,ht and' pO1J\Ter plant, distribution system and transmission lines now ~mad by the City; or hereafter acquired ,and owned by the City, ~ all the 'property, re~l and personal, o~med by the City and úsad in connection therewith. . Section 5. follO1,nring form: Said bonds andcoùpons shall be in substantially the UNITED STATES OF AMi!JRICA STATE OF NEBRÞ.SKA COUNTY OF WASHINGTON ELECTRIC SYSTEM REV.!!;NUE BOND OF TIlli: CITY OF' BLAIR NO. . $1,000.00 . \ , KNOW ALL MEN BY TEES,!!; PRESÆNTS: That the City of Blair in the County of ~~shington in the State of Nebraska for value raceived hereby promises to pay to the bearer hereof Qut of the special fund hereinbelow designated, but not otherwise, the sum of -one Thousand Dollars in lawful money of the United States of 'America' on the first day of July, 1950 or at any earlier date on which this bond has been called for redemption with interest thareon fromthedate hereof, until maturity at the, rate of two and one 'quarter per ce1'1tum (2~) per annum, 'payable sami-annually on the first day of January and July of each year on presentation and surrender of ' the annexed interest coupons as 'they severally become due. ,The principal and interest of this bond is payable at the officeo.r' the County Treasurer of Washington County in Blair, Nebraska. :l (INSERT IN BONDS 76 to 150 inclusi1re: "Provided, however, this bond is redeamable at the option of the City at any time on or after five ye~rs from the date ,of issuance thereof but bonds ce.llad for payment prior to their maturity sha11 be callad in the invarse order of \their serial' numbers, the bond or bonds bearing a higher serial number being redeemed before th,e redemption of e.ny bond or bonds bearing a lower serial number.") -'\ r-> T"'"l I \ r¡ _J (ç< , rc'~ì I I /""', 789 This bond is one o'f a sedes of 160 bonds of $1,000 each, bearing 'serial numbers 1 to 150 'both. inclUsive, of evên date and like tenor here- , with except as to date of ntaturity, issued by the City of Blair for the' " purpose of maintainin?;. extending, enlarging and improving its electric and power plant and distribution system and transmis sion lines. The issuance of this bond and thà other bonds of said series have been lawfully authorized by an ordinance duly passed; signed and published by the Mayor ânQ. Council of said' City in strièt' complianoewith Sections 18-412 and '70...603 of the Revised Statutes of Nebraska, 1943. ' The revenue and earñing$derived and to be darived from the operation of the said plant and prop;:¡rty and all extensions and enlargements thereof, owned or to be owned by the Oity, are pl,edged for the payment of the bonds of this series equally and ratably and said bonds are a, first lien on all of said revenue'and earnings and are payable, solely therefrom and are not general obligations of the City- The ordinance under which these bonds are issued constitutes an irrevocable contract between t he Oft;)' and the holders of all of said bonds and said contract canriot be changed without the written comwentof the; holde'rs of seventy-five per dentum (75%) in principal amount of the bonds then outstanding; provided, however. the City reserves' the right to issue and sell additional bonds payable selaly from the 'net revanues of said property of equal priority as to lien on the earnings of said property with the bonds issued under this ordinance for the purpose of purchasing additional equipment necessary for the operation of said plant and sy.stem upon the conditions set out in saidordina.noe and the City reserves the right to refund any or all of the bonds of this issue which are due' by their terms or 'p!!J.yable under an option, Put only on the conditions set out in s aid ordinance. ' The Oity agrees that it will establish and collect 'rates e,ndcharges for electric energy and power which will provide revanue sufficient in amount to pay all the costs of maintaining and operating said property and to pay the principel and 'interest of this bond and of all the other bonds of said series as and when such interest and principal becoroa due and will establish and ma~ntain, the Bond Account as provided in said ordinance e , This bond is a negotiable ins~rumant and a holder hereof has all the d~hts ofa holder in due course of ,a negotiable instrument pa~ble to bearer. IT IS HEREBY CERTIFI1W AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did happen, were done and performed in regular and due form and time as provided by law. IN WITNESS ~lliEREOF, the Mayor and Council have caused this bònd to be executed on beþalf of the City of Blair by be'ing signed by the Mayor and ,attested'by tha Clerk and by causing the official seal of the City to be affixed hereto and have caused the. interest coupons .hereto attached to be executed on behalf of the City by having affixed thereto the f~csimile signatures of, its Mayor and Clerk and the Mayor and Clerk do by the execution of this þond adopt as and for their own proper signatures their respective facsimile signatures affixad to, said coupons. DATED this first day of July, 1949. AXS;rkM~ " C " Clerk ~~~ y rfh1 W,te.i- (seal) , (FORM OF COUPON) No. $ ~ , On the first 'day of' January (July) ,19 (unless tht3 bond mcantioned here1.n~h9.s been called for prior red,'?mption and paid or money for the pa:nnønt off;,118sam3 provided). the City of Blair, Nebraska, will pay to bearer . DOLLAP"S,at the officaof the County, Treasurer of Washington CotUityat BHdr, Nebraska, but only ou'b of funds specified inaaid bond for interest due on that date on its !lectric System Revenue Bond, dated July 1, 1949, No. ./ , Mãyor {"fbr ¡:lAr"Þ: 790 S'ection 6. As long as a.ny of the bonds authorized by this ordinance are olltstanding and 'unpaid, the City agreøstM,t it will establish and maintain a separa.te and special fund to be kriown as ttElectrlc Power Plant FUì1d" into which there shall be paid all the gross revenùes of ,said electric light and pòwer plant and distribution sye.tem and transmission lines and all additions and improvements'and extensions, thereof owned or to be owned by the City and no other money of -the City shill 1 be mingled thEu'ewith and no ,money' in såid Fund shall be expanded otherWise than as authorized by this ordinance. All the money in said Fwid shall be deposited in a bank orbanks designated by the City Council and be secured as proveded by lawf~r public funds and the ba.nk acòountsshall be properly ee.rmarJœd and identified ad .such FUl1d. For the ad,minist rat ion , of said Fund the City shall esta.blish, and maintain the following accounts: ....... I I. OPERATION AND MAINTENANCE ACCOUNT - Out of said Fund theN shall be set aside Ð.S ail Operation ,and Maintenance Account such amounts as the Board of' Public. Works and Council shall from time to time determine to be necessary for the pro'per operation and ordinary maintenance of said property. The money in this AccoQnt shall be used solely for the efficient an.d economical operat-ion and maintenance 01.' said property. :l II. BOND ACCOUNT.. After. making provision for the Operation and Maintenance Aocount there shall be set aside, and paid from said Fund into the Bond Account such amounts from time to time as shall be sufficient to pay the principal of and the interest accruing on the .bonds author:i,zed by this ordinance promptly as and when' such interest and principal become due. Beginning on the date the bonds bear there shall be paid inta the 1:!on4 Acoount mantJ:lly on the first day of each month an amount equal to one sixth of the interest which will become due on all the bonds then outstanding on the.ne~t interest payment date plus ,One twelfth of the principal of all of the bonds which win become due within thé next ensuing tvieh-e months. , At least ten days before any principal' or interest becom<J.s ,il'" '1.r,e City shall deposit 'with the County Treasurer of Washington County an amount suf.fioient to pay the principal and in.t;erest .on the bonds which will become due on saidpáj~~ntdate. The money in the Bond Account shall be used only to pe,y the principal and interest of' the bonds. "', Ìn ò .BOND RESßRVE' ACe ocr.NT .. After providing for the Operation and "-'.., Maintenanoe Aoc'Ount ,and the BQnd Account the Goun.cil may create a Bond Reserve Account and credit to and pay in:to.. the ssme from said Fund an amount equal to the aggregate of the highes~amount of interesta~d principal which will bacome due an all the outstanding bonds dur:i.ng ¡:).ny one year. After said Bond Reserve Acco'\lnt has been created and while it is maintained at said amount and the>City has met all currant operating expenses and has mainta1nedthe Operation and Maintenance Account and the Bond Account a,s provided in this ordinance, the City shall have the right to use five per centum (5%) of: the gross earni~gs of said property as a payment 'in lieu of taxes ~ . .. ïl 1__,1 IV. SURPLUS ACCOUNT - All the net earnings of the Plant and prcpsrty remâining after ,making the, payments abov-e required into the three Accounts above named shall be placed in the Surplus Account and moneys in this Account may be used only to retire bonds priù¡' to. their maturity. Moneys inthis Account shall be transferred to any of the other three Accounts above named. to make, up deficiencies 'therein. A ..:separate bankaccoUD,t shall be maintained fOl' each of said Aocounts, properly designated and identified, and nO other funds of the City shall be mingled therewith. -\ ¡ The gross income and revanue of said property shall be construed to include all the revenue derived and to be d~rived by the City from the operation of its electric light and power plant, distribution system and trans- mission lines and all property constituting the same å.nd the net income and revenue shall be c<mstrued to include all revenue income remaining after paying the expense of' operation and ordinary maintenance of said property and the bonds issued under this ordinance are a first lien on the net revenues and earnings. ~ ,I I Section 1., Electric current from said plant and system, used by tlw City in lighting thef?treets or for pumping water or. for any other purpose, shall, \IIThile any of' said bonds are outstand1,ng., be paB for by the City at thausual and regular rates therefor charged to other consumers. PaJ~nt for such current and service shall be made monthly from the corporúte funds of the City into the 'c'lectric Power Plant Fund in the same manner as other revenues are required to, be depositsp,. The City will not permit the furnishing or supplyinp; of electric energy or any other commodity, service or facility free of chhrge to any parson. firm or corporation, public or private, so long as ~ny of the bonds are outstanding and unpaid. ~\ n I ~ :¡¡:~ f n ,,'~< I '¡j J. Section-e. The City will establish, maintain and collect rfttes and charges for electric øurrent, Fower ~nd service which shall be reasonable and shall be,adequáte at all times to wroduce revenue and aarnings sufficient to pay the èos't of o¡;eratingand maintaining said property inolu<iing . insurance thereon and to pay for necessary and reasonable repairs and re- placements'to said plant and to pay promptly the inter~st and principal of the bonds issued hereunder when such 'interest and principal become due and to establish, maintain and provide the other accounts as provided in this ordinance. ' . . Section 9 The City will not mortgage, pledge or othenrise encumber said system and the p~op6rty .constituting the sams or'any part thereof and it will not sell, lease or otherwise dispose of ány of the plant system or propert3'. nor will it. consent t.o or permit thecl'eation of any charge or lien of any kind on the revenues of said system having priority over the lien of the bonds heraby authorized; provided, however,' the L:ity may sell . and convey any real or personal property which is not needed for the operation 'of said electriòàl system and for the service of the City and its inhabitants and may sell any property outside the City limits; but in every such ûò;!,se the proceeds of the property shall be ¡::a~d into tt10 "'Bond Account" and used only to pay the principal of outstanding Bonds' which shall be cal1~d for redemption prior to the ir maturity. . Provided. further, that said pröperty sh9-11 not bl.:l sold" unless a competent engineer employed by the City andsatisfact;ox-y to' Kirkpatrick Pettis Company shall certify' that the sale price to be received by the City is the fair market value of said prop3rty and that the earning '" capacity of the other property retained by the City will not be impaired by suéh ,-sale. . . Section 10. The City will maintain insurance on said prop'ðrty for the benefit of' tho ñolders of the bonds of the 'kinds and in the amounts which would usually be carried by private companies engap:.ed in a simil8,'r type of business including loss and damage by fire . lightning. wind and other risks included in the all~co'ITerage poildcy and also against publ,ic liability and workmen's compensation. All premiums or other charges in connection therewith shall be paid as a par-!:; of the cost of opex-ation. Thè proceeds of any such insurance l'eceived by the City by reason cf damage to OJ:' destruction of the property shall be used to replace and restore that part"of the propart;y so damaged or destroyed or if not so used 'sha~l be used to retire bonds prior to their maturity" D,uring the p",riod ot emergency caused by any such loss or'damage the City shall have the right to. make reasonable expenditures out of the Electric Power flant Fund provided that the Bond Account is maintained as he re in provided. ~ection 11. The City Treasurer and the City Cl~rk shall be bonded. in adcJ.ition t.o their official bonds, Þy aI'. insurance company licel1sad to do business in Nebraska in amounts sufficient to cover at all times all the revenues and earnings of said electric plant and system placed in their hands" A~y other person employed by the City in the collection or handling of moneys derived from the operation of said property shall also be bonded in an amour.ì,t sufficient to cover all, moneys which ,may at any time 'be placed in his hands. 1he amount of such bonds shall be fixed by the Council..and the cost thareof shall be páid from the earnings of said alectric plant. and they shall secure the faithful accounting for all moneys. Section 12. The City will cause all of said property and all additions and bette,rments thereto and extensions thereof to be !J1aintai:t:).ed in good repair, . workinl;ordoJ"'. s.n.d condition .and~ril1 froM time to time make all necessary repairs.. replacements, renewals,: extensions, .9:ndbetterment~ and will operate. .thepr()pert~r in' án efficient manner and at reasonable co'at" Section 13. The City will Reep proper books, records and accolmts separate from all other records and accounts in which complete and correct entries will be made of !':I.ll transactions re lating to the said electric light and power plant and distribution system and other property l~reinabove referred to. ~H.id books of account shall be kept in accordance with the laws of the State ocf Nebraska--~~-acCOrdance with the ~ Uniform System of Aocounts ~r, a system presoribàd by the Federal pavrer .Commission or other federal authority having jurisdiction òver public utilities opex-ating electric. light and power properi;ies. On or before the 10th day of each month for twelve suocessiv~ months, after the date .01' the bònds and thereafter quarter-yoarly. ,the City 'will furrlish to Ki:t'kpe.trick Pettis Gottlpany. Omaha, Nebraska, a summary of the receipts and disburaementsr:.;and cash balances of said 'property for the preceding calendar month or quartter year and within sixty(SO) days after the end of the fiscal year 1950 and of each year thereafter will furnish to said Company a complete financial statement in reaGcnable detail prepared by a certified public' accountant covering the operation of said property for suchfisoal year ~ A copy of sa id yearly financial statemen:t and audit shall be , filed with the City Clerk and shall be a public document. open to inspection. / T;J G S~ction 14. ~he holder or holders of ten per centum or more ,of said bonds or 'of the coupons l~presenting interest thereon may either at law or in eq,uity by appropriate proceedings in any court of oompe"bent jurisdiction enforce any right creatèd argranted by this ordinance or by the bonds issued hereund.er, and if ~the court' finds that the appointment of a receiver is necessary to protect the rights of the bondholdersþ the, court may appoint such a receiver to take over and operate the property and ~ay fix the terms and conditions on l'1Thich the name shall be operated until the default is made p:ood.. Section 15.. The City reserves th'3 power to refund any or all of said bonds which are due by their terms or payable under an option provided, , ' however, no bonds embracing .less than all of the unredeemed bonds herein authorized shall be refunded unless all of the following conditions 'exist and are complied 'Wi th: (1) The> principal amol.IDt of bonds outstanding shall not be increased as a result of such ,refunding; (2) the refunding bonds. , shall be sold at not less than par or by exchange far the outstanding bonds':, at the rate of not exceeding dollar for dollar, and (3) the net earnings of the systôm. a,.,ð proparty for twelva consecutive tlonths out of the fifteen ~cnths'n~xt preceding the issuance of said additionál bonds shall have been equal to eather four tiu13 s the maximum amount of interest for any succeeding twelve-month periods 0:'1. a.ll of the iJar.ds outstanding and on the bonds then to be is,sued e1' 011e and one half times the highe'stamount of principal and interestì"l"hich will become due in any succeeding twelve-month ¡:e Tiad on all bonds outstanding and bonds then to be issued, whichever amount is greäter. ' ' Sections 16. Tt~vrovisions of this ordinance shall constitute an irrevocable contract between the -Olt", of Blair and the holder or holders of the bonds issued hereund~:r and a..f'te'r th~ issuanoeof any of any of dad bonds no change or alteration of any kind in the provisions of this ordinance shall be made without the written consent of the holders of seventy-five pårcentum (75%) in principal amount of' the, bonds then out- standing; provided, however, the City reserves the right to, issuá and sell additional bonds payable solely from the revenues of said system and property of equal priority as to lien on the earnings and profits of se.ld property with the bonds issued under this ordinance for 'bhe purpose of purchasing additional equipment necessary for the operation of said plant and system when (1) there is sufficient money in the "Bond Account" to pay the interest. which w:Ul become due on all of tho" outstanding bonds and the bonds to be is sued during the next twe lve months followl"1g the issuance of' additional, bonds and also pay the principal of all of ' the bonds then out stand ing atl,d the bonds to be issued which will become due" during the twelve mQnths next following the issu~mce of said additional bonds, and (2) the net earnings of the system and property f<?r twe lve consecutj'Tð, months out of the fifteen months next preceding the issuance of said additional bonds shall have been equal to aither four times the 'maximum amount of , i~terest for a~y ~ucceëding, twelve-month periods on all of'the bonds out'standing, and on the bonds than to be issued or one and one helf tlmes the highest amount of principal and interest which will become due in any succeeding twelve-month period ona11 bonds outstanding and bonds then to' be issUed; I'1hicheVèr amount is greater. The net earnings of the system and property as used in this 'Section 16 and in Section 15 are hereby defined to be the gross revenue and earnings óf the property less the expense s of operat ion and maintenance. Seétion 17.. If any saotionf paragraph, clause or provision of this ordinarics shall for any reason behold to be invalid. or un'~nforceable ,the invalidity or unenforceability of such section, paragraph. clause or provision shal¡ not affect any of the remaining provisions of this ordinance. Section 18. This ordinance shall be in full force and effect from after its passap;e as provided by law. and Passed ond á~" d,t~iS 21st day of <JJ ~i». .,' , rval Schaffl, , June, 1949. Attest: i#h~j)-' y r. " . , " "'\ 1 ';0.."" '\ :l -, ,~', , ~ n ,..,.. n I ¡ ,'~', n i ' OPENING' li3\lair, Nebr. June 21, 1949 791 The Mayor and Council of the City of Blair, Washington County, Nebraska met in regular sesSion in the Council Chamber at 8 :00 0' cloGk P~M. Màyor Scheffler presided. City Clerk L. W. Svendgaard recorded the prooeèdings of the meetinge ' ROLL CAl.L, , , ' Tha Mayor instructed the Clerk to call the 'roll. The Clerk called the roll and the following Councilmen Widre present: Johns:on, Kuhr, Petersen, Rash, Rounds, S<;>rénsen and Vinton, Councilman Farnberg absent. ORDER OF BUSI~ESS Whe,reupon the Mayor announced that the introduction of Ordinances was now in ordere Whereupon, it W8;S moved by Councilman Petersen and seconded by ~ Councilman Rounds that the minutes of the procaed.ings of the Mayor and CoUÍJcil in the matter of thapassage and approval of Ordina:1ùe No.; 635 be preserved and kept in a separate and distinct volume known as the Ordinance Reoord of the City of Blair, Nebraska, and that said separate .and distinct volume be incorþorated i.n and made a part of .these proceedings the same as though spread at 'lár~e.herein. The Mayor instructed the Cle rk to call the roll. The Clerk oalled' the ròll and the following was the vote on this motion: Yae.s: Johnson. Kuhr, petlersen, Raeh, Rounds, Sorensen and Vinton. Nays: None. Absent: Farnberg. Mo"tion oarried. . ORDINANCE NO. 635 Introduction of Ordinance No. 635 of .the City of Blair, Nebraska... and the matter now coming before the M~or and Council. was the passage and approval of Ordi~ance No. 635 of the City of Blair, Nebraska. This Ordinance wà.s introdueJ:~d by Councilman Petersen and is in words and figures as follows, . I , I I ORDINANCE NO. 635 An Ordinance to be tl;irmed the IIAnnual Appropriation Bill" appropriating such .sum or sums of money necessary to defray all n.edessary axpe.nses end liabili~ies of the City of. Blair, Nebraska, for the fidcai year con~encing on the first Tuesday in May, 1949, and specifying the object and purpose of each appropriation and the amcunt for each object and purpose. BE. IT ORDA INED BY Till MAYOR AND COU1'V:CIL OF THß CITY OF BLAIi¡NEBRASKA: SECTION 1. :L'hat there be, and hereby is, appropriated out of the money deri1red from the taxes levied for general revenue. purposes for the present fisoal year, oomm'encing; on the first f'ue sday in May. 1949. and out of' all other available money and funds tharefora belonging to said City, the a.mounts for each object and purpose as ¡'allows: For sa la:rie s of e ity officia Is . For streets, culverts, alleys a~d bridges. and purchase of maintananoe equipm~nt . For printing and publication For miscellaneous and incidental expenditures For expense of criminal and civil suits For road funds ' . For purchase price and future taxes on property . purchased . For improvtd'TIent, operation and maintenance of air- portcand for pa:ßnent or interest and principal on airport bonds $20,000.00 30,000.00 1,500.00 5,000.00 4,000.00 4,000.00 2,000.00 20,000.00 Any balan:ce of said funds remaining ovex:' al1d unexpended at the end of the fiscal year shall be transferred to the General Fund. SECTION 2. That there. be, and hereby is, appropriated out of the money derived from the l'3VY of taxes for Publi c Library purposes for the px'esent fiscal year and out of' all other money and funds available therefor, the ~mounts for each object and purpose. as follows: Forsalaries of' employees, maintenance 'and operation of 'public lib~ary $ 4,000.00 1:.10 .Anybalanca of. said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Public Library Fund~ SECTION 3. That there be, and hereby is, appropriated out of the money derived from the levy ,of taxes for street lighting purposes for said fiscal year and otl't of all other money and funds ava.H.able therefore, the amounts for each object and purpose as follows: For stre,et Ih;hting purposes $ 5,000.00 , Any balance of said fund remainin~ over and unexpended at the end of of the fiscal year sha 11 be transferred to the Street Lighting Fund. SECTION 4. That there be, and hereby is, ap'propriated out of the money derived from the water lI'Torks system and out of th'J vrater fund and a11 bthdr money and funds.avàilable th~refor, the amOtmts for each object ~nd purpose as follows: n For improvement, extension, operation and maint..:7nance of 1nrater works system and salary of employees and hydrant renta.1s For extension of distribution system, water department, , hydrant rentals and seririces' $2'l,ooo.æ. 30,000.00 Any balance of said funds remaining over and unexpended at the end of the fiscal year.shlÙl be. tra.nsferrred, to .the Water Fund. SECTION 5. That there be, and he reby 1s, a'ppropriate.d out of the mòney derived frám t,u,asfor parks and park pu,rþoses for said fiscal year and out of all other funds and moneys available therefor, the amounts for each object and purpose- as follows f For park and park purposes, salarias of employees, maintenance,' improvement and operation of swimming pool $ 6,000.00 Any balance of said fund remaining over and unexpended at the end of the fi~cal year . shall be transferred to the. par~s and park purposes fund. SECTION 6~That there be, and hereby is, appropriated out of the moneys derived from the operation of the municipal electric light system and the sale of electrioàl cun~ent and supplies and all other funds and moneys available therefor, the amounts for each object and purpose as follows: ~ , , For salary of light commissioner and wages of department employeas ¡, opem+"ion Ð.n.d !naint'enance of municipal power distribution system . $85,000.00 For ext,ension of IDunicipallight power system, generating and plant improvement 2l5,OOO~00 Any balance of said 'fund remaining over and unexpended at the end of the fiscal year shall be transferred to the liJlectric Light System Fund. SECTION 7. That there be, and hereby is, appropriated out of the money derived from taxes .for sewer maintenance. for said fiscal year and out of all ~ther funds and money available therefor, the amounts for each object and purpose as follows: For salaries of employeesg operation and maintenance of sewer system $ lt500.00 ~\ Any balance Of said fund rertlain:l.ng over and unexpended at the end of the fiscal year shall be transferred to tne Sew'6r Maintenance Fund. SECTION 8. That there be and hereby is ø appropriated Otlt of the monf;Jy derived from the levy of taxes for the operation, maintf;Jnance and care of the Blair Cemetery $ 3,000.00 :l Any balance of said fund remaining over and unexpended at the end of the fiscal year s he.ll be transferred to the Cemet$ry Fund.. ,.:;¡- 'SECTION 9.' That there be. and hereby is, appropriated out of the money derived from the levy of taxes for the payment of refunding bonds tlnd interest thereon for said fiscal year and out of money derived from taxes levied for payment of intersection and for district paving bonds and intere$ and out of' any and a 11 other funds and mopey available thsx.efor,tha amounts for each object and purpose as follows; "\ r~ n ,r=-. r-, ! ! r~l r \ , 79~ :For payrr¡ent of principal and. interest on bonded indebtedness due or to beconw due on refunding bonds' $20,000.00 Any balancé of said I:und r¡;¡maining ever and unexpended at the end of the fiscal y~ar shall be transfe,rred to the Sinking Fund for the payment of refunding ~onds~ - , SEOTION 10. That there be, and hereby is, appropriated out of the money derived from the - operation of the municipal ice 'plant and the sale of' products therefrom and out of all-other funds available therefor, the amounts for each object and purpose as follows: / For sàlarias and wages of employees. operation,:maintenance ø repair and extension of said Ioe'Plant $12,000.00 the Any balance of said fund remaining over and unexpended 'at the el1d of fiscal year shall be transferred to the Ioe Plant Fund. SECTION 11. That there be and hereby fa, 'appropriated out of the money derived from the levy of taxes fpr the maintenance and operation of the fire depart'itsnt f9r the present fiscal year and out of all other money and funds available therefor, belonging to said City, the åmounts for each object and purpose as follows: For mainter>,ance and operation of the' City Fire Departmmwb:t $ l~OOO.,o.O \ Any balance of said fund re~aining over and unexpended at the e~d of the fiscal 'Y"ar shall be transferred to the fund .for the maintenance and op9ration of the Cit;5r Fire Department. ~ECTION 12. That there be and,hereby is~ appropriatvd out of the money derived from the levy of' taiXes~~for the purpose of' purchase of Fire DepÐ.rtment apparatus for the present fiscal year and out of all oth~r money arid funds available therefor belonging to said City the amounts for each object and purpose as f 0 llo'Ws : - For purchase of Fire Departn1ent apparatus $ 2,0.0.0.00 Any b~lance of' said fund remaining over and unexpended at the end of the fiscal year ~hal1 be transferred to the F.ire Department Apparatus Fund. SECTION 13. That there be and hereby is appropriated out of the Music and Pub1ió Amusements ruñd and out öf all other funds and money available therefor, the amounts for each object and purpose as follo}"fs: For mUsic and public amusements $ 2,0.00..00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Music and Public'Amusements Fund. SECTION 14. That there be and hereby is, appropriated out of the money now on hand for the Special Ga~oline Road Fund and from the moneys darived from special gasoline tax, the amounts for each objec,t and purpose as follows: For constructing street improvements $15,000.00. Any balance in said fund remaining ovel> and unexpended at the end the fiscal year ,shall be transferred to the Special Gasolina Tax FUnd. SECTION 15. This ordinarice shall take effect and be in force from and after its passage, approval arid publication as required by law. of day of June, 1949. Attest: I i: L I~ -fJ,#.J2 . :tty Clerk (Seal) ," , .-, n r=- -,' j"í [_~I ,- I ,-~- Blø.ir ~ Ie bta.ska June 2+', 1949 ,804 OPENtNG ' ....' "Theil Mayor and Council' of ~hé. 9fty o,tBlafr, WashingtOn County, Nebraska mat,ln regular session in the Council Œha:niber at 8:00 o'cloo]ç P.M. .,.or Schettler predded. City Clerk L. \If. 'Svendgaard, recorded the proceedings 'Of the meeting. ROLL CALL , ~ The Mayor instructed theOlerk to call the roll., The Clerk called the roll and the follOWingCo'l.U1cllmen wére present: Johnson, Kuhr, Petersen, Reeh, Roundsj> Sorensen and Vinton,Oouncilman Farnberg was absent. ,ORDER OF BUSINESS Whereupon the Mayor annOunced that the introduction of' Ordinances , was,now in order. W11ereupon it was moV$d by Councilman Reeh and seconded by Councilman Round I that the minutes 'of' the proceedings 'of' the Mayor and Council in the matter of the passage and approval ,of Ordiî1âbce No. 636 be preserved and kept in a separate $.nd distinct volume known as the Ordinance ~cord of' the City of' Blair,~ Nebraska, and that said separate and distinct volume 'be incorpO~ted in and made a part of these proceedings the same as though spread at large herem. , The Mayor instructed the 'Clerk to call the roll. The Clerk called thé roll and the following was the 'vote on this motiOn: Yeas: Johnson, Kuht", Petersen, Reeh, Rounds, Sorensen end Vinton. Nays: NÓIl.e. ,Absent: Fal1lberg.. Mot ion carried., ORDINilNCE NO., 636 Introductionot Ordinance No. 636 of the City of Blair, Nebraska, end the matter nòwcoming be f'ore " thè' Mayor and Council, was the passage, and apprO'li'al of Ordinance No. 636 of the City ot Blair, Nebraska. this 01"din~nce was mtro<i\uoed by' OoUnc'Uman Rounds 8.Jld is in words and figu"s as tollows~ . .. . ORDINANCE NO. 636 An 01"dinance to providê. tor the levy of' taxes and levyUg the sa- upon all the táxabl$ property !nthe City of .Blair, Nebraska, for, all purposes necessary to maintain the City. Government for the City of Blair, Nèbraska,for the fisoàl year cOIDDlØncing o.n the first TUesday in May.. 1949, and also levying a poll tax on certain inhabitants 'Qf said City for th$fiscal year., BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBR6.SK'A* , ", " .. ,.. ,. .'... - .. ' SECTiON 1. T11.at thårë be, and hèreby Is, le..,ied and assessed 'uppn' . all the ta~able properly within the corporate limits of the"'Oity of -Bl,aif'~ .. Nebraska, f'or the fiscal year' commencing, on' 'the first Tüesday' in 'Mäy~ 1949 ~ and ending on the first Tuesday :in May, 1950,' the following swns, taxes and number of mills on. the d.ollar of tax" to"'wit:' " PURPœE AMOUWT For general revenue purposes For pai"~$ and park purposes For st'reets, alleys oulvertsa~d bridges For public lib~~ purposes For street lighting purposes For pûrchasè of' tire 8;ppa,re,tus , For maintenance and. operation of fite dep~rtment For musio, and amusements For sewer maintenance and repairs For enlargement. improverœ~t t- mainténmce and ope,ration of' avlationL'field For payment of aviation field: b~ds. and interest For òperation, maintønlÙlce and care of' Bla.ir Cemetery Fó1"Hydxoant rentals. . 8.00 mills l~OOmill 3.00 mills 1.00 mill 1.50 mills .50 mill .40 mill .30 mill .30 mill .50 mill 1.00 mill " 1.00 mill ;,50 mill That ,the san» be levied!and.assessed against all, the.' täxable property within .thecorpo.re.te limits of' the limits of the City of Blair. Nebraska, and collected as. other taxes. as shown by the assessment rolls for the, year 1949., QUO SECTION 2.. That there bè, and hereby is, levied upon each and eve'ry mle inhê.bitant of' the crt;' ot BIdr, Nebra$ka, between the ages of 21 and ôO'ýears;'rìot- eix~mpted therefrom bY' thè Statute of Nebraska, or Ordinance ot this'C!ty, a poll tax in th~ 'IS11m,i))f' 'TWo'Dollårs'($2.o0}. That said poll tax shall bJt, collected as, provided by law:, tor said. tiscal yEla.r commencing on the ,'tint' Xue sday, ot May.. 1949.. " , SEOTION 3.. Thåt this from and after its passage, Ordinance shall take effect and be in toroe approval and publication, as provide~ by law. f)~ø~~/ ~l (Seal) t~:t,R&ADING Th.Mayor instructed the 'Clerk to ,read by title Ordjnan,ce ,NÐ. 636 of 'the' City of Blair, Nebraska., Tle Clerlçthe'reupon read -ëtae aforesaid Ordinance No. 636 by title UPQl1 its fU.st reacU.ng. WheX'euponCouncilmtm Rounds moved that said ordiuanoe No. 636 be approved on its first reading, and it.s title agreed to. Councilman Vintou seconded this motion.' ~ouncllman Reeh called tOr the question. The Mayor ,put the question and instructed the Clerk to call 'bhe roll tor 'bhe vote thereon. The Clerk called :the r~ll and the following was the vote on this motion. Yeas: Johtlson', Kuhr, Petersen, Ree.~ 1 ROUnds, Sorensen and Vinton. , lâ1S: None. - , J:bsent:' Farnberg. Motion'carried .. ;] Whe:reupon the Mayor decle.red'said Ordinance No. 636, approved on its first reading and its title ag~.d, to. SUS:PENSIOliOF RULES + - ... ,---. . - , - -. ' -----"""-'" ,- , , Where,upon it hB moVed-by aô\U1cilinan Been ànd"šèòõndëa bÿ'Cö~ëilJÎ1â.n Vinton thel'b 'bhe sts.vutory: rules in. regard to thèï*ssage'ànd adoption of' ~rdinancès be' 8't1spenaed 80, that add Oi-dinanéè' 1Ï1ig1it be ii1troduced, rèad, approved end passed åt 1me .same meeting. Öo\U1oi]j¡añVinton c;:..lled'tor~ the qu.sti()n.;t;hè' Mayor put'the ~uestionand-instricted the Clerk to call the rèl1and tnè tollow1ngWåB the' vote on this motion: ' Yeas: JoJmson, Kuhr, PeterÍJen. Rc;.eh, I\ounds l Sorensen and VintOn. Nays: None. Absent: Farnbe rg . Motion carried. ~, , Whe,reupon' t,he Mayor 'dec~red 'bhe statutory rules in regard to' the passage and approval of ordinances suspended so that Ordinance No. 636 uiight be read by title the first and second times and at large the third time If, \'lith the ttyèaswand " naýs " , each tiine called and recorded, approved and passed at the' same meèti13g. ' SECOND RiADING :l ." Ordinance No. 636 now comes on for the second reading. rhe Mayor instructed the'Olerk 'bo read utd Órtiinance No.. 636 by title upon its ,second reti.ding 10 Whereupon Councilman Reeh moved thåt Ordinan'oe No. 636 be approved upon its second reading and its title agreed to" Councilman Vinton;., seconded this motion. Councilmän Petersen called tor the question. The Mayor put the question änd instructed the Clerk to call therQll for the vote thereon. :rhe Clerk called the roll and the following was thè vote on this motion: ~