1974OPENING
ROLL CALL
3-156
ORDER OF BUSINESS
Blair, Nebraska
January 22, 1974
The Mayor and Council of the City of Blair, Washington
• County, Nebraska, met in regular session in the Council Chambers
at 7:30 o'clock, P.M. Mayor Sick presided at the meeting and
Cii Clerk L. W. Svendgaard recorded the proceedings of the
,meeting.
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present.
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Ellis and seconded by
. Councilman Nelson that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1096 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the City
of Blair, Nebraska, and that said volume be incorporated in
and made a part of these proceedings the same as though
spread at large therein. Councilman Pounds called for the
question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1096
Introduction of Ordinance No. 1096 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1096 of the City of Blair, Nebraska. This Ordinance No. 1096
was introduced by Councilman Allen and is in words and figures
as follows:
ORDINANCE NO. 1096
AN ORDINANCE AMENDING SECTION 1 -927 OF THE MUNICIPAL CODE
OF THE CITY OF BLAIR, NEBRASKA, TO REMOVE THE REQUIREMENT
THAT NO CONTRACT MAY BE ENTERED INTO FOR ANY PRICE EXCEED -
ING .THE ENGINEER'S ESTIMATE AND TO REMOVE THE REQUIREMENT
THAT, THE ENGINEER'S ESTIMATE BE PUBLISHED IN THE NOTICE TO
• BIDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FORCE AND EFFECT. ,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA:
SECTION 1. That Section 1 -927 of the Municipal Code
of the City of Blair, Nebraska, be and the same hereby is
amended to read as follows': "1- 927•Contracts, Estimate,
Advertising -- Before the council shall make any contract in
excess of $5,000.00 for general improvements, such as water
L. W. SVENDGAARD, CITY CLERK
(SEAL)
3157
extensions, sewers, public heating systems, bridges or work
on streets, any motor or mechanical equipment, including
meters and street machinery, or any other work of improvement
where the cost of such improvement shall be assessed to the
property, an estimate of the cost thereof shall be made by
the City Engineer and submitted to the Council; and no contract
shall be entered into for any such work or improvement or
for the purchase of such equipment, for any price exceeding
$2,000.00 without advertising for bids. In advertising for
bids for any such work, or for the purchase of such equipment,
the Council may cause the amount of such estimate to be pub-
lished vtherewith. Such advertisement shall be published at
least ten (10) days in the official newspaper of the City;
provided, that in the case of a public emergency resulting
from infectious or contagious diseases, destructive wind-
storms, floods, snow, war, or any exigency or pressing neces-
sity or unforeseen need calling for immediate action or remedy
to prevent a serious Joss of, or serious injury or damage to
life, health or property, estimates of costs and advertising
for bids may be waived in the emergency ordinance when adopted
by a three - fourths vote of the Council and entered on record.
(Ref. 16 -321 RS Neb.)"
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 22nd day of January, 1974.
ALFRED 0. SICK, MAYOR
ATTEST:
t4C, FIRST READING
IheJiWayordirected the Clerk to read by title
Ordinance No. 1096 of the City of Blair, Nebraska. The Clerk
thereupon read the aforesaid Ordinance No. 1096 by title upon
its first reading.
Whereupon Councilman Pounds moved that Ordinance No.
1096 be approved on its first reading and its title agreed to.
Councilman Lutz seconded the motion and Councilman Jensen
called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon:
Yeas: Allen, Ellis, George, Jensen, Lutz, Nelson, Pounds.
Nays: Jenny.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No. 1096
approved on its first reading and its title agreed to.
3 215
OPENING
ROLL CALL
Blair, Nebraska
January 22, 1974
The Mayor and Council of the City of Blair,
Washington County, Nebraska, met in regular session in
the Council Chambers at 7:30 o'clock, P.M. Mayor Sick
presided at the meeting and City Clerk L. W. Svendgaard
recorded the proceedings of the meeting.
The Mayor directed the Clerk to call the roll,
and on roll call Councilmen Allen, Ellis, George, Jenny,
Jensen, Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the intro -
;duction of ordinances was now in order.
It was moved by Councilman Pounds and seconded
by Councilman George that the minutes of the proceedings
of the Mayor and Council in the matter•of the passage
and approval of Ordinance No. 1107 be preserved and, kept
in a separate and distinct volume known as the Ordinance
Record of the City of Blair, Nebraska, and that said
volume be incorporated in and made a part of these pro-
ceedings the same as though spread at large therein.
Councilman Pounds called for the question. The Mayor
put the question and directed the Clerk to call the roll
for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1107
Introduction of Ordinance No. 1107 of the City
of .Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1107 of the City of Blair, Nebraska. This Ordinance
No. 1107 was introduced by Councilman Pounds and is in
words and figures as follows:
ORDINANCE NO. 1107
AN ORDINANCE PROHIBITING THE CARRYING, POSSESSING OR
TRANSPORTING OF FIREARMS UNLESS SAID FIREARMS ARE UNLOADED;
PROHIBITING THE CARRYING, POSSESSING OR TRANSPORTING OF
HAND GUNS UNLESS SAID HAND GUNS ARE BROKEN DOWN OR CON-
TAINED IN AN ENCLOSED GUN CASE; REPEALING ORDINANCE NO.
1105 ENUMERATING SECTION NUMBERS OF SAID PROVISIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND
EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR,.NEBRASKA:
1974.
ATTEST:
3216
SECTION 1. Ordinance No. 1105 passed and approved
December 11, 1973, by the Mayor and City Council of the
City of Blair is hereby repealed.
SECTION 2. There is hereby added to the Municipal
Code of the City of Blair the following section to be
enumerated as Section 6 -349 of said Code: TT6 -349 FIREARMS -
POSSESSION- TRANSPORTATION -WHEN ALLOWED. It shall be
unlawful for any person, except an authorized law enforce-
ment officer, purposely, or knowingly to transport in any
conveyance or in any other manner whatsoever, or to possess,
off of his own premises, any rifle, shotgun, air gun, air
rifle, or hand gun, provided that "b -b" guns shall not be
included in the designation air gun or air rifle, unless
said firearm is unloaded.".
SECTION 3. There is hereby added to the Municipal
Code of the City of Blair to be enumerated as Section
6 -350 of said Code: "6-350 HAND GUNS- POSSESSION- TRANS-
PORTATION -WHEN ALLOWED. It shall be unlawful for any
person, except an authorized law enforcement officer,
purposely or knowingly, to transport in any conveyance or
in'any other manner whatsoever any hand gun unless said
hand gun is unloaded and contained in an enclosed gun
case or unloaded and broken down. The carrying of any
such firearm in a holster type gun case without further
breaking down said firearm shall not be deemed to be in
compliance with the requirements of this section."
SECTION 4. There is hereby added to the Municipal
Code of the City of Blair the following section to be
enumerated as Section 6 -351 of said Code: TT6 -351 FIRE-
ARMS- POSSESSION - EXCEPTIONS. The provisions of Section
6 =349 and Section 6 -350 shall not be construed to prevent
carrying unloaded rifles in parades or using rifles in
ceremonials, or to prevent possession of rifles or shotguns
at shows or exhibits, or for other lawful use, purpose or
'activity, including but not limited to skeet and trap
shooting, target shooting at rifle ranges, hunter safety
instruction conducted by qualified instructors, when such
do not endanger public safety or are detrimental to public
welfare, provided the prior approval of the City Adminis-
trator of the City of Blair shall have been obtained for
such use, purpose or activity."
SECTION 5. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 22nd day of January,
L. W. Svendgaard, City Clerk
'(Seal)
Alfred 0. Sick, Mayor
3221
Blair, Nebraska
January 22, 1974
OPENING
The Mayor and Council of the City of Blair,
Washington County, Nebraska, met in regular session in
the Council Chambers at 7 :30 o'clock, P.M. Mayor Sick
presided at the meeting and City Clerk L. W. Svendgaard
recorded the proceedings of the meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll,
and on roll call Councilmen Allen, Ellis, George, Jenny,
Jensen, Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the intro-
duction of ordinances was now in order.
It was moved by Councilman Jensen and seconded
by Councilman Nelson that the minutes of. the , proceedings
of the Mayor and Council in the matter of the passage
and approval of Ordinance No. 1108 be preserved and kept
in a separate and distinct volume known as the Ordinance
Record of the City of Blair, Nebraska, and that said
volume be incorporated in and made a part of these pro-
ceedings the same as though spread at large therein. Council-
man Allen called for the question. The Mayor put the
question and directed the Cl erk to ;call the roll for the
vote thereon.
Yeas: Allen,. Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1108
Introduction of Ordinance No. 1108 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1108 of the City of Blair, Nebraska. This Ordinance
No. 1108 was introduced by Councilman Allen and is in
words and figures as follows:
ORDINANCE NO. 1108
AN ORDINANCE ESTABLISHING A LIBRARY BOARD IN THE CITY OF
BLAIR; PROVIDING FOR ELECTION OR APPOINTMENT OF MEMBERS
AND THEIR TERMS OF OFFICE; TO PROVIDE NO COMPENSATION FOR
MEMBERS OF THE BOARD; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. Section 2 -103 of the Municipal Code
of the City of Blair is hereby repealed.
1974.
ATTEST:
L. W. Svendgaard, City Clerk
(Seal)
3222
SECTION 2. There is hereby added to the Municipal
Code of the City of Blair the following provisions to be
enumerated as Section 2 -103 of the Municipal Code of the
City %.of Blair, "LIBRARY BOARD, MEMBERS. A Library .Board
of five (5) members shall be elected or appointed from
the citizens at large, of which Board neither the Mayor
nor any member of the City Council shall be a member.
The members first elected or- appointed shall hold their
office, three (3)_ for terms of four years; and two (2)
for terms of two years from the fiirst day of July follow-
ing their appointment or election, and their successors
shall all serve four -year terms. In eases of vacancies
by resignation, removal or otherwise, the City Council
shall fill such vacancy for the unexpired term. No
member shall receive any pay or compensation'for any
services, rendered as a member of the Board.
The City Council at its regular meeting in
January of every even numbered year shall by ordinance
,adopt the manner in which the Library Board of five (5)
members is to be chosen. If the City Council by ordinance
provides for appointment of the members to the Library
Board; said Library Board Members shall be appointed by
a majority vote of the members of the City Council and
said appointments shall be made at the last regular
meeting of the City Council in June of any year in which
a term or terms expire. If the City Council adopts an
ordinance to provide for the election of Library Board
Members, it shall follow the ordinances and statutes
governing municipal elections.
If the Board Members are to be elected, the
City Council shall give public notice of such election
after the adoption of such ordinance naming the offices
to be filled, the length of terms and the deadline for the
placing of names of candidates on the - ballot."
SECTION 3. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in force
and take full effect from and after its passage, approval
and publication as provided by law.
Passed and approved this 22nd day of January,
Alfred 0. Sick, Mayor
n
3227
OPENING
The Mayor and Council of the City of Blair,
Washington County, Nebraska, met in regular session in
the Council Chambers at 7:30 o'clock, P.M. Mayor Sick
presided at the meeting and City Clerk L. W. Svendgaard
recorded the proceedings of the meeting.
ROLL CALL
Blair, Nebraska
January 22, 1974
The .Mayor directed the Clerk to call the roll,
and on roll call Councilmen Allen, Ellis, George; Jenny,
Jensen, Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the intro-
duction of ordinances was now in order.
It was moved by Councilman Jensen and seconded
by Councilman George that the minutes of the proceedings of
the Mayor and Council in the matter of the passage
and approval of Ordinance No. 1109 be preserved and kept in
a separate and distinct volume known as the Ordinance
Record of the City of Blair, Nebraska, and that said
volume be incorporated in and made a part of these pro-
ceedings the same as though spread at large therein. Council-
man Pounds called for the question. The Mayor put the
question and directed the Clerk to call the roll for the
vote .thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays:None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1109
Introduction of Ordinance No. 1109 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1109 of the City of Blair, Nebraska. This Ordinance
No. 1109 was introduced by Councilman Pounds and is in
words . and figures as follows:
ORDINANCE NO. 1109
AN ORDINANCE PROVIDING FOR THE MANNER OF SELECTION OF MEMBERS
OF THE LIBRARY BOARD; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FORCE,AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The manner of selection of the members
of the Library Board as provided in Section 2 -103 of the
Municipal Code of the City of Blair shall be by appointment
subject to all of the terms and conditions contained in the
said Section 2 -103.
3228
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after, its , passage, approval and
publication as provided by law.
Passed and approved this 22nd day of January, 1974.
ATTEST:
L. W. Svendgaard, City Clerk,
(Seal)
FIRST READING
Alfred O. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1109 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1109
by title upon its first reading..
Whereupon Councilman. Jensen moved that Ordinance
No. 1109 be approved on its first reading and its title
agreed to. Councilman George seconded the motion and
Councilman Pounds called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the.Mayor declared said Ordinance No.
1109 approved on its first_ reading and its title agreed to.
SUSPENSION OF RULES
Whereupon it was moved by Councilman Jensen that
the Statutory Rules requiring reading on three different
days be suspended for consideration of this ordinance. It
was seconded by Councilman George, and Councilman Pounds
called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared the Statutory Rules
in regard to the passage and approval of Ordinances suspended
so said Ordinance No 1109 might be read by title upon its
first and final reading with the "yeas" and "nays" each
time called, recorded, and approved and passed at the same
meeting.
OPENING
3232
Blair, Nebraska
April 23, 1974
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7 :30 o'clock, P.M. Mayor presided at the meeting
and City Clerk L. W. Svendgaard recorded the proceedings of
the meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, George, Jenny, Jensen, Lutz,
Nelson, and Pounds were present, Councilman Ellis being absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman George that the minutes of the proceedings of
the Mayor and Council in the matter of the passage and approval
of Ordinance No. 1110 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the City
of Blau, Nebraska, and that said volume be incorporated in
and made a part of these proceedings the same as though
spread at large therein. The Mayor directed the Clerk to
call the roll for the vote thereon:
Yeas: Allen, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: Ellis.
Motion: Carried.
ORDINANCE NO. 1110
Introduction of Ordinance No. 1110 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1110 of the City of Blair, Nebraska. This Ordinance No. 1110
was introduced by Councilman Allen and is in words and
figures as follows:
ORDINANCE NO. 1110
AN ORDINANCE ESTABLISHING STANDARDS OF INSPECTIONS OF FACTORY
BUILT HOUSING AND PREFABRICATED COMPONENTS TO BE INSTALLED
OR ERECTED WITHIN THE CORPORATE AND JURISDICTIONAL LIMITS OF
THE CITY OF BLAIR, NEBRASKA; TO INSURE CONFORMITY WITH ALL
BUILDING, ELECTRICAL AND PLUMBING CODES ENACTED BY SAID CITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. DEFINITIONS.
CITY shall mean the corporate and jurisdictional
limits- of the City of Blair, Nebraska.
3233
FACTORY-BUILT HOUSING shall mean single or multi-
family dwelling units which are either wholly or partially
fabricated at, an off -site location to be wholly or partially
assembled on site, but net to include mobile homes or cabin
trailers.
DWELLING UNIT shall mean one or more, rooms arranged
for the use of one or more individuals and with cooking,
living, sanitary and sleeping facilities.
FABRICATION shall mean to construct, build or
assemble any component prior to incorporating it into one
completed structure as a factory -built house.
FABRICATOR shall mean an individual, firm, or
corporation fabricating factory -built houses.
INSTALLATION shall mean the assembly of a factory -
built, house on site and the process of affixing the structure
to land, a foundation or footings.
NON - RESIDENT FABRICATOR shall mean a fabricator
fabricating outside the City limits of the City of Blair,
Nebraska.
CABIN TRAILER shall mean every vehicle without
motive power, designed for living quarters and basically
designed to be towed as a transportable unit on an under-
carriage or chasis which is a permanent or an integral
structural part of the floor or body of the trailer, and
shall include any transportable or relocatable device of
any description designed for living quarters which is less
than 12 feet wide or only one story in height when in place
for use as a living quarter.
MOBILE HOME shall mean every transportable or
relocatable structure of one or more section, and basically
designed to be towed as a transportable unit on an under -
carriage or ehasis which is a permanent or an integral
structural part of the floor or body of the unit, which is
12 or more feet wide, or which is one or more stories in
height when in place for use as living quarters.
PREFABRICATED. The term "Prefabricated" as used
in this ordinance shall mean floors, sidewalls, interior
partitions, ceilings, roofs, or any parts or portions of
any such, which are built up, assembled or put together
before being incorporated into the structure.
SECTION 2. The City of Blair Building
Inspector shall have the authority to approve materials,
methods of construction, and arrangement of materials for
use under this ordinance which are normally regulated by
the City of Blair Building Code, but have not been specifically
provided for therein. Before any such material or any such
method of construction, or any such arrangement of materials
shall be approved, reasonable tests, if required by the
Building Inspector, shall have been made and found by him
to be safe and inconformity with the Building Code of the
City of Blair, Nebraska. All tests shall be made in
accordance with current standards of the American Society
of Testing Materials (ASTM), and all expenses for such
tests shall be paid by the applicant and security for payment
of the costs thereof may be required.
3234
SECTION 3. FACTORY -BUILT HOUSING.
A. STRUCTURAL DESIGN. In the structural design
of an assembly, due allowance shall be made for any material
to be removed for the inspection of installation of pipes,
conduits, electrical wiring, or other equipment at a place
other than a factory, or which has been installed but not
inspected at the factory.
B. TEST. Panels which are required to be tested
shall be tested after all chases and cavities for such
equipment have been cut.
C. ADDITIONAL CUTTING. No additional materials
shall be removed from any fabricated assembly during con -
struction other than as provided in paragraph ttatt hereof,
unless specifically approved by the Building Inspector of
the City of Blair, Nebraska.
D. - Fabricators, both resident and nonresident
and/or their employees and subcontractors shall before
beginning fabrication obtain the Certificate of Compliance
required herein below and before:a permit shall be issued
to install said factory -built housing furnish to the City
of Blair a signed copy of an indemnity agreement between
said' fabricator and the buyer certifying that the construction
of said unit is in compliance with the data submitted in
the application for said Certificate of Compliance and
further providing that said fabricator shall indemnify the
buyer for all damages incurred by said buyer by reason of
any nonconformity with said data, which said indemnity
agreement shall be operative for a period of five (5)
years from date thereof.
E. The contractor installing said factory built
unit shall take the examinations, pay fees and post bonds
as required of resident contractors within the city limits
of the City of Blair, Nebraska.
APPLICATION FOR "CERTIFICATE OF COMPLIANCE."
The manufacturer of the factory -built housing, or his agent,
wishing to seek a Certificate of Compliance from the City
of Blair, Nebraska, will submit the following information
for a structural review by the Building Inspector for the
City of Blair, Nebraska.
I. Name and location of manufacturer.
II. Typical plans, elevations and construction
details that include the following:
1) Foundation plans..
2) Floor plan.
3') Elevations.
4) Building cross sections showing size
and spacing of all framing members plus:
a) Type and method of application
on all covering materials such as
subflooring, interior and exterior
finish and sheathing.
b) Complete details including com-
putations on trussed - rafter systems.
3235
c) Description of materials for the
factory -built house, including sizes,
species, and/or grade as applicable,
of all building materials.
d) Special details as necessary to
show any special features of the con-
„ struction, including method of fabricat-
ing, erection, joining and finishing of
all elements.
e) Engineering computations as
necessary to fully justify special
structural features notthovered', by?the.&,
Bi .diAg;; Plumbing and Electrical Codes
of the City of Blair, Nebraska.
f) Any other pertinent information
such as test data which could assist in
determing the aceeptibility of the system.
g) The City of Blair, Nebraska,
may hire professional assistance from
registered architects and engineers to
assist the Building Inspector in review-
ing the plans, specifications and other
data submitted by the fabricators of
the factory -built houses.
G. PERMITS,, FEES AND APPROVAL OF PLANS. It shall
be unlawful to install factory -built houses for use within
the jurisdictional limits of the City of Blair until the
fabricator shall have received a Certificate of Compliance
as . provided hereinabove and until the installer shall have
submitted an application and paid the required fees for a
building permit in the same manner and amount as any owner
or contractor building the same house on site and no permit
shall be issued until there is filed with said application
the indemnity agreement specified hereinabove.
H. FIELD INSTALLATION. Installation of factory -
built houses on the building site shall be inspected by the
appropriate inspectors under the Building', Plumbing and
Electrical Codes of the City of Blair, Nebraska. To deter-
mine compliance with this ordinance, all structural,
installations, electrical and plumbing hookups shall be
exposed for inspection, and the Building Inspector may
require panels or portions of interior covering to be
removed to permit the inspection of assembly, eonnections,
joints, structural fabrication and other fabrications to
determine if the fabrication is in conformance with the
Certificate of Compliance.
I. PENALTIES. Any person, firm or corporation
who violates any of the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof, be
fined in any sum not to exceed Five Hundred Dollars ($500.00),
or be senteneed to be imprisoned not to exceed six (6)
months in jail, or any combination of such fine and imprison-
ment for each offense in the discretion of the Court and
every such person, firm or corporation shall be deemed
guilty of a'separate offense for every day on which such
violations shall continue.
J. APPEAL PROCEDURE. Any person, firm or cor-
poration aggrieved by any order or decision of the appro-
priate inspectors under the Building, Plumbing and Electrical
Codes of the City of Blair, Nebraska, concerning the con-
struction of a building controlled by this ordinance, maybe
appealed as set forth in the Appeal Procedures under the
Building Plumbing • and Electrical Codes of the City of
Blair, Nebraska.
A. STRUCTURAL. DESIGN. In structural design, due
allowance shall be made for any material to be removed for
the installation of pipes, conduits or other equipment.
B. TESTS. Panels which are required to be
tested shall be tested after all chases and cavities for
such equipment have been cut.'
C. ADDITIONAL CUTTING. No additional material
shall be removed from any prefabricated assembly during
construction, other than as provided in paragraph "arr
hereof, unless specifically approved by the. City Building
Inspector.
D. MATERIALS. Materials and the assembly thereof
as prefabricated units may be inspected to determine cm-
'
pliance with this ordinance.
E. In any prefabricated unit containing materials
that are covered, unexposed or otherwise not visible for
inspection, a Certificate of Compliance shall be required
in the same manner as provided hereinabove for factory -
built housing and the City Building Inspector may further
require that before a permit is issued to install said
prefabricated unit; the indemnity agreement as provided for
factory -built housing be filed with the application for
said permit.
F. FIELD INSTALLATION. Installation of pre-
fabricated assemblies at the building site shall be inspected
by the City Building Inspector to determine compliance with
this ordinance and applicable building codes and the City
Building Inspector shall require the removal forthwith from
the premises of _anything which does not comply with the
requirements of this ordinance. The contractor installing
said assemblies shall be required to take the necessary
examinations, pay fees and post bonds required by the City
of Blair of a resident contractor.
SECTION 5. All ordinances or parts'of
ordinances in conflict herewith are hereby repealed.
SECTION 6. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
ATTEST:
L. W..Svendgaard, City Clerk
(Seal)
3236
SECTION 4. PREFABRICATED .CONSTRUCTION.
Passed and approved this 23rd day of April, 1974.
Alfred 0. Sick, Mayor
OPENING
ROLL CALL
3241
ORDINANCE NO. 1111
ORDINANCE NO. 1111
Blair, Nebraska
February °26, 1974
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7 :30 o'clock, P.M. Mayor Sick presided at the meeting and
City: Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
The, Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, George, Jenny, Jensen, Lutz,
Nelson; and Pounds were present. Councilman Ellis was absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman Lutz that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1111 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Allen called for the question. The
Mayor put the question and directed the Clerk to call the roll
for the vote thereon.
Yeas: Allen, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent:. Ellis.
Motion: Carried.
Introduction of Ordinance No. 1111 of the City of
Blair, Nebraska, and the matter now coming before the Mayor and
Council was the passage and approval of Ordinance No. 1111 of
the City of Blair, Nebraska. This Ordinance No. 1111 was
introduced by Councilman Jenny and is in words and figures as
follows:
AN ORDINANCE CREATING WATER DISTRICT NO. 10 IN THE CITY OF BLAIR,
NEBRASKA, DECLARING THE NECESSITY THEREFORE, DESIGNATING THE
IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY
INCLUDED WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF
PAYMENT OF THE IMPROVEMENTS MADE THEREIN AND PROVIDING WHEN SAID
ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. The Mayor and City Council of the City of
Blair, Nebraska, hereby declare the necessity to construct a water
district on the following line, to -wit: Beginning at a point
25 feet South of the South line of Section Three (3) , Township
Eighteen (18) North, Range Eleven (11) , East of the Sixth
Principal Meridian; thence extending Northerly along Westridge
Drive to the point of termination on the 4 4 line North of the
South line of Section Three (3) , Township Eighteen (18) North,
Range Eleven (11), East of the Sixth Principal Meridian in
Washington County, Nebraska. For that purpose there is hereby
created a Water District No. 10 of the City of Blair, Nebraska.
SECTION 2. The improvements to be made are to
construct and lay a six-inch east iron water main with valves
and hydrants, said improvements to be made according to
plans and specifications and estimate of cost to be prepared
by the Special Engineer of said District and to be filed
with the City Clerk to be approved by the Mayor and Council
of said City.
SECTION 3. The property included in said Water
District,No. 10 and subject to special assessments to pay
for the costs and expenses of said improvement are Lots Four (4)
through Twenty -Six (26), inclusive, . all in Westridge Addition
to the City of Blair, Washington County, Nebraska, and Lots
One (1) and Twenty -Nine (29), in College Heights Addition to
the City of Blair, Washington County, Nebraska.
SECTION 4. The costs of said improvement and said
Water District shall be paid out of the fund created by levy
and assessment of the lots and parcels of land in said
improvement district, and to be in proportion to
said benefits, all as by the statutes of the State of
Nebraska as made and provided.
SECTION 5. This ordinance shall take effect and
be in full force from and after its passage., approval and
publication as provided by law.
ATTEST:
Passed and approved this 26th day of February, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
3242
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance :No. .1111 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1111
by title upon its first reading. e
Whereupon Councilman Jensen, moved that Ordinance
No. 1111 be approved on its first reading and its title
agreed to. Councilman Lutz seconded the motion and
Councilman Allen called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: Ellis.,
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1111 approved on its first reading and its title agreed to.
3246
OPENING
The Mayor and Council of the City of Blair,
Washington County, Nebraska, met in regular session in
the Council Chambers at 7:30 o'clock, P.M. Mayor Sick
presided at the meeting and City Clerk L. W. Svendgaard
recorded the proceedings of the meeting.
ROLL CALL
The Mayor directed the Clerk to. call the roll,
and on roll call Councilmen Allen, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present. Councilman Ellis
was absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the intro-
duction of ordinances was now in order.
It was moved by Councilman Jenny and seconded by
Councilman Nelson that the minutes of the proceedings of
the,Mayor and Council in the matter of the passage .
and approval of Ordinance No. 1112 be preserved and kept in
a separate and distinct volume known as the Ordinance
Record of the City of Blair, Nebraska, and that said
volume be incorporated in and made a part of these pro -
ceedings the same as though spread at large therein. Council-
man George called for the question. The Mayor put the
question and directed the Clerk to call the roll for the
vote thereon:
Yeas: Allen, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: Ellis.
Motion: Carried.
ORDINANCE NO. 1112
Blair Nebraska
February 26, 1974
Introduction of Ordinance No. 1112 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1112 of the City of Blair, Nebraska. This Ordinance
No. 1112 was introduced by Councilman Allen and is in words
and figures as follows:
ORDINANCE NO. 1112
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 123
IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSES OF
SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID
DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET
IMPROVEMENTS THEREIN, AND PROVIDING WHEN SAID ORDINANCE SHALL
TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1.. A petition signed by the owners of
more than three - fourths of the lots of land abutting upon
the streets to be improved as hereinafter set forth, petitioning
for the improvement of the following described streets in
the City of Blair, Nebraska: Beginning at a point 25 feet
South of the South line of Section Three (3), Township
Eighteen (18) North, Range Eleven (11) , East of the Sixth
Principal Meridian; thence extending Northerly along West -
ridge Drive to the point of termination on the µ µ line North
of the South line of Section Three (3), Township Eighteen
(18) North, Range Eleven (11) , East of the Sixth Principal
Meridian in Washington County, Nebraska, and terminating at
that point, by paving the same, having been presented and
filed with the City Clerk, there is hereby created Street
Improvement District No. 123 of the City of Blair, Washington
County, Nebraska.
SECTION 2. The street improvements to be made on
said streets in said district shall be to pave the same, the
grade of said streets to conform to the grades as established
by the City of Blair and said improvements to be made accord-
ing to plans and specifications and estimate of cost to be
prepared by the Special Engineer for said district and to be
filed with the City Clerk and to be approved by the Mayor and
City Council . of said City.
SECTION 3. The property included in said Street
I rovement District No. 123 and subject to special assess -
me is to pay for the cost and expenses of said street improve-
ment is all of the privately owned lots, parts of lots and
tracts of land and the lots, parts of lots and tracts of land
owned by any municipal or public corporation and abutting
upon and adjacent to said streets to be improved, to -wit:
Lots Four (4) through Twenty -Six (26) inclusive, all in
Westridge Addition to the City of Blair, and Lots One (1)
and Twenty -Nine (29) in College Heights Addition to the City
of Blair, Washington County, Nebraska.
SECTION 4. The cost of said improvements in said
Improvement District shall be paid out of the fund created
by the levy and assessments on the lots and parcels of land
in said Street Improvement District benefited thereby in
proportion to said benefits, all as by the Statutes of the
State of Nebraska in such cases made and provided.
SECTION S. This ordinance shall take effect and
be in force from and after its passage, approval and publica-
tion as provided by law.
ATTEST:
Passed and approved this 26th day of February, 1974.
L. W. Svendgaard, City Clerk
(Seal)
3247
Alfred 0. Sick, Mayor
FIRST READING
The Mayor directed the Clerk to read by title
Ordinance No. 1112 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1112 by
title upon its first reading.
• ROLL CALL
3252
OPENING
The Mayor and Council of the City of Blair,
• Washington County, Nebraska, met in regular session in
the Council Chambers at 7:30 o'clock, P.M. Mayor Sick
presided at the meeting and City Clerk L. W. Svendgaard
recorded the proceedings of the meeting.
The Mayor directed the Clerk to call the roll,
and on roll call Councilmen Allen, Ellis, George, Jenny, •
Jensen, Lutz, Nelson, and Pounds were present'.
ORDER OF BUSINESS..
Whereupon the Mayor announced that the intro-
duction of ordinances was now in order.
It was moved by Councilman Pounds and seconded by
Councilman Jenny that the minutes of the proceedings of
the Mayor and Council in the matter of the passage and
approval of Ordinance No. 1113 be preserved and kept in a
,separate and distinct volume known as the Ordinance Record
of the City of Blair, Nebraska, and that said volume be .
incorporated in and made a part of these proceedings the
same as though spread at large therein. Councilman Jensen
called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
' Carried.
ORDINANCE NO. 1113
Introduction of Ordinance No. 1113 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1113 of the City of Blair, Nebraska. This Ordinance
No. 1113 was introduced by Councilman Allen and is in words
'arid figures as follows:
ORDINANCE NO. 1113
AN ORDINANCE AMENDING SECTION 6 -343 OF THE MUNICIPAL CODE
OF THE CITY OF BLAIR PROVIDING A CURFEW FOR MINORS, FIXING
THE TIME THEREOF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Section 6 -343 of the Municipal Code
of the City of Blair, Nebraska is hereby amended to read
as. follows: "CURFEW FOR MINORS. It is unlawful for any
person under sixteen (16) years of age to be or remain in
or upon any of the streets, alleys or public places in the
Blair, Nebraska
April 23, 1974
City at night after the hour of 12 :00 o'clock, A.M., unless
such person is accompanied by a parent, g .ardian or other
•person having the legal custody of such minor person, or is
going to or from some meeting or assemblage of lawful character,
or is in the performance of an errand or duty directed by a
parent, guardian or other person having the legal custody
of such minor person, or whose employment makes it necessary
to be upon the streets, alleys or public places during the
night -time after such specified hours. It shall be unlawful
for the parents, guardians or other adult persons having the
care and custody of a minor child under the age of sixteen
(16) years to allow or permit said minor to be or remain in
or upon any of the streets, alleys or public places in the
City at night after the hour of 12:00 oTclbek, A.M., unless
such person is accompanied by a parent, guardian or other
person having the legal custody of such minor person or is
going to or from some meeting or assemblage of lawful character
or is in the performance of an errand or duty directed by a
parent, guardian or other person having the legal custody
of such minor person or whose employment makes it necessary
to be upon the streets, alleys or public places during the
night time after such specified hours."
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 23rd day of April, 1974.
ATTEST:
L. W
(Seal)
Yeas
Nays
Abs e
Moti
1113
Svendgaard, City Clerk
3253
FIRST READING
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1113 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1113 by
title upon its first reading.
Whereupon Councilman Pounds moved that Ordinance
No. +113 be approved on 'its first reading and its :title
agreed to. Councilman Jenny seconded the motion and Council-
man ensen called for the question. The Mayor put the question
and ireeted the Clerk to call the roll for the vote
ther on:
Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
None.
t: None.
n: Carried.
Whereupon the Mayor declared said Ordinance No.
approved on its first reading and its title agreed to.
4
3257
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 o'clock, P.M. Mayor Sick presided at the meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
ROLL CALL
ORDER OF BUSINESS
Blair, Nebraska
April 9, 1974
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, Jenny, Jensen, Lutz,
and Pounds were present. Councilmen George and Nelson were
absent.
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jenny and seconded by
Councilman Allen that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1114 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Ellis called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, Jenny, Jensen, Lutz, Pounds.
Nays: None.
Absent: George, Nelson.
Motion: Carried.
ORDINANCE NO. 1114
Introduction of Ordinance No. 1114 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1114 of the City of Blair, Nebraska. This Ordinance No. 1114
was introduced by Councilman Allen and is in words and figures
as follows:
ORDINANCE NO. 1114
AN ORDINANCE AMENDING SECTION 5 -614 OF THE MUNICIPAL CODE
OF THE CITY OF BLAIR TO REGULATE THE SPEED LIMIT NEAR SCHOOLS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF.THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Section 5 -614 of the Municipal Code of
the City of Blair is hereby amended to read as follows:
"SPEED, NEAR SCHOOLS. It shall be unlawful for the driver
of any vehicle, when passing premises on which school buildings
are located, and which are used for school purposes, during
school recess, or while children are going to, or leaving
school during the opening or closing hours to drive such
' vehicle at a rate of speed in excess of fifteen (15) miles
per hour past such premises, and such driver shall stop at
all stop signs located at, or near, such school premises,
and it shall be unlawful for such driver to make a U -turn
at any intersection where such stop signs are located at,
or near, such school premise."
SECTION 2. All ordinances or parts of ordinances
iii ".conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 9th day of April, 1974.
ATTEST:
L. W. Svendgaard, City Clerk
(Seal).
3258
FIRST READING
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1114 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1114
by title upon its reading.
Whereupon Councilman Jenny moved that Ordinance
No. 1114 be approved on its first reading and its title
agreed to. Councilman Allen seconded the motion and
Councilman Ellis called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, Jenny, Jensen, Lutz, Pounds.
Nays :. None.
Absent: George, Nelson.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1114 approved on its first reading and its title agreed to.
SUSPENSION OF RULES
Whereupon it was moved by Councilman Jennyr that
the Statutory Rules requiring reading on three different days
be suspended for consideration of this ordinance. It was
seconded by Councilman Allen, and Councilman Ellis called
for the question. The Mayor put the question and directed
the Clerk to call the roll for the vote thereon.
Yeas: Allen, Ellis, Jenny, Jensen, Lutz, Pounds.
Nays: None.
Absent: George, Nelson.
Motion: Carried.
Whereupon the Mayor declared the Statutory Rules
in regard to the passage and approval of Ordinances suspended
OPENING
ROLL CALL
3262
Blair, Nebraska
May 15, 1974
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 o'clock, P.M. Mayor Sick presided at the meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen,.Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present. ".
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman Jenny that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1115 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Pounds called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays:` None.
Absent: None.
Motion.: Carried.
ORDINANCE NO. 1115
Introduction of Ordinance No. 1115 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1115 of the City of Blair, Nebraska. This Ordinance No. 1115
was introduced by Councilman Nelson and is in words and figures
as follows:
ORDINANCE NO. 1115
AN ORDINANCE DIRECTING THE CONVEYANCE OF TAX LOT ONE HUNDRED
FORTY -SIX (146) IN SECTION THIRTEEN (13), TOWNSHIP EIGHTEEN (18)
NORTH, RANGE ELEVEN (11), EAST OF THE SIXTH PRINCIPAL MERIDIAN
IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, TO KOUPAL
CONSTRUCTION, INC., A SOUTH DAKOTA CORPORATION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That certain real estate owned by the
City of Blair described as follows,'to -wit: Tax Lot One Hundred
Forty -Six (146) in Section Thirteen (13), Township Eighteen
(18) North, Range Eleven (11) , East of the Sixth Principal
Meridian in the City of Blair, Washington County, Nebraska,
be sold and conveyed by said City to Koupal Construction, Inc.,
a South Dakota Corporation, for the sum of $2,500.00.
SECTION 2. BE IT FURTHER ORDAINED that the Mayor
and. City Clerk,are.hereby authorized on behalf of said City
to execute and deliver a warranty deed to the said Koupal
Construction, Inc.., conveying the property described herein-
above.
SECTION 3. BE IT FURTHER ORDAINED that the City
Clerk is hereby authorized and directed to publish notice
of said sale and the terms thereof for three (3) con-
secutive weeks in the official newspaper of the City.
SECTION 4. BE IT FURTHER ORDAINED that if a
;remonstrance against said sale signed by the legal electors
of the City of Blair, equal in number to 30% of the electors
of said City voting at the last regular municipal election
filed with the governing body of said City within thirty
(30) days of the passage and publication of this ordinance,
said property shall not then nor within one (1) year there -
after, be sold.
SECTION 5. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 6. This ordinance shall be in force and take
full effect from and after its passage, approval and pub-
lication as provided by law.
ATTEST:
Passed and approved this 15th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)'
3263
FIRST READING
The Mayor directed the Clerk to read by title
Ordinance No. 1115 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1115
by title upon its first reading.
Whereupon Councilman Jensen moved that Ordinance
No 1115 be approved or,, its first reading and its title
agreed to. Councilman Jenny seconded the motion and
Councilman Poundt called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson,
Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1115 approved an its first reading and its title agreed to.
Alfred 0. Sick, Mayor
3267
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at :7:30 o'clock, P.M. Mayor Sick presided at the meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Alien,, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were.present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jenny and seconded by
Councilman Nelson that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1116 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Ellis called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1116
Introduction of Ordinance No. 1116 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1116 of the City of Blair (Nebraska. This Ordinance No. 1116
was introduced by Councilman Nelson and is in words and figures
as follows:
ORDINANCE NO. 1116
Blair, Nebraska
May 28, 1974
AN ORDINANCE AMENDING SECTION 6 -115 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR TO REDUCE THE PERIOD OF IMPOUNDMENT OF DOGS
FROM 5 DAYS TO 48 HOURS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDI-
NANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Section 6 -115 is hereby amended to read
as follows: "6 -115 DOGS; IMPOUNDING. It shall be the duty of
the Municipal Police to capture, secure, and remove in a humane
manner to the Municipal Animal Shelter any dog violating any
of the provisions of this article. The dogs so impounded shall
be treated in a humane manner and shall be provided with a
sufficient supply of food and fresh water each day. Eaeh
impounded dog shall be kept and maintained at the pound for a
period of not less than 48 hours unless reclaimed earlier by
3268
the owner. Notice of impoundment of all animals, including
any significant marks ofidentifications, shall be posted at
the pound as public notification of such impoundment. Any
dog may be reclaimed by its owner during the period of impound-
ment by payment of Ten ($10.00) Dollars as a general impound -
ment fee. The owner shall then be required to comply with the
licensing and rabies vaccination requirements within seventy-
two (72) hours after release. If the dog is not claimed at
the end of 48 hours, the Municipal Police may dispose of the
dog in accordance with the applicable rules and regulations
pertaining to the same; Provided, that if, in the judgment of
the Municipal Police, a suitable home can be found for any such
dog within the Municipality, the said dog shall be turned over
to that person and the new owner shall then be required to pay
all fees and meet all licensing and vaccinating requirements
provided in this article. The Municipality shall acquire
legal title to any unlicensed dog impounded in the Animal Shelter
after 48 hours. All dogs shall be destroyed and buried in a
summary and humane manner."
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and take
full effect from and after its passage, approval and publication
as provided by law.
ATTEST:
Passed and approved this 28th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
The Mayor directed the Clerk to read by title
Ordinance No. 1116 of the City of Blair, Nebraska. The Clerk
thereupon read the aforesaid Ordinance No. 1116 by title upon
its first reading.
Whereupon Councilman Jenny moved that Ordinance
No. 1116 be approved on its first reading and its title
agreed to. Councilman Nelson seconded the motion and Councilman
Ellis called for the question. The Mayor put the question
and directed the Clerk to call the roll for the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1116 approved on its first reading and its title agreed to.
SUSPENSION OF RULES
Alfred 0. Sick, Mayor
Whereupon it was moved by Councilman Jenny that
the Statutory Rules requiring reading on three different days
3272
OPENING
ORDINANCE NO. 1117
ORDINANCE NO. 1117
Blair, Nebraska
May 28, 1974
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 o'clock, P.M. Mayor Sick presided attthe meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on. roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Pounds and seconded by
Councilman Jenny that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1117 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Ellis called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Introduction of Ordinance No. 1117 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1117 of the City of Blair, Nebraska. This Ordinance No. 1117
was introduced by Councilman Allen and is in words and figures
as follows:
AN ORDINANCE CREATING THE OFFICE OF HUMANE AND PARKING CONTROL
OFFICER IN THE CITY OF BLAIR; DEFINING THE DUTIES OF SAID
OFFICE; FIXING THE RATE OF PAY OF SAID OFFICER; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The following section is hereby added to
the municipal code of the City of Blair to be known as Section
1- 314.01: "HUMANE AND TRAFFIC CONTROL OFFICER; POWERS; DUTIES.
The Humane and Parking Control Officer shall have the responsi-
bility of enforcing Article Four (4) of Chapter Five (5) and
Articles One (1) and Two (2) of Chapter Six (6) of the municipal
code of the City of Blair. He shall have police power as
defined in Section 1 -314 in regard to the execution of his
3273
duties as provided hereinabove. He shall be under the im-
mediate supervision of the Chief of Police who shall fix the
hours during which he shall be on duty and shall perform such
other duties as are assigned or required of him by the Mayor
and Council or otherwise provided by law."
SECTION 2. The rate of pay for the Humane and Parking
Control Officer shall be the rate of $2.80 per hour.
SECTION 3. All ordinances or parts of ordinances.
in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
ATTEST:
Passed and approved this 28th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1117 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1117 by
?title upon its first reading.
Whereupon Councilman Pounds moved that Ordinance
No. 1117 be approved on its first reading and its title
agreed to. Councilman Jenny seconded the motion and Council-
man Ellis called for the question. The Mayor put the
question and directed the Clerk to call the roll for the
vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1117 approved on its first reading and its title agreed to.
SUSPENSION OF RULES
Whereupon it was moved by Councilman Pounds that
the Statutory Rules requiring reading on three different days
be suspended for consideration of this ordinance. It was
seconded by Councilman Jenny, and Councilman Ellis called for
the question. The Mayor put the question and directed the
Clerk to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
OPENING
3277
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the pro-
ceedings of the meeting.
ROLL CALL
The. Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present,
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jenny and seconded by
Councilman Nelson that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1118 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Pounds called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1118
Introduction of Ordinance No. 1118 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1118 of the City of Blair, Nebraska. This Ordinance No. 1118
was introduced by Councilman Jensen and is in words and
figures as follows:
ORDINANCE NO, 1118
Blair, Nebraska
May 28, 1974
AN ORDINANCE CREATING SANITARY SEWER DISTRICT NO. 36 IN THE
CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFORE,
DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT,
LI$TING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING
FOR THE MANNER OF PAYMENT OF THE IMPROVEMENTS MADE THEREIN
AND PROVIDING WHEN SAID ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. The Mayor and City Council of the City
of 'Blair, Nebraska, hereby declare the necessity to construct
a sanitary sewer on the following line, to -wit: Wright
Street from 13th Street to 14th Street, 14th Street from
Wright Street North to Lot Fourteen (14) in Northview
Addition, in the City of Blair, Washington County, Nebraska.
for that purpose there is hereby created a Sanitary Sewer
District No. 36 of the City of Blair, Nebraska.
SECTION 2. The improvement to be made is to con-
struct and lay an eight (8) inch vitrified clay sewer tile
with . manholes and wyes, said improvement to be made accord-
ing to plans and specifications and estimate of costs to be
prepared by the Special. Engineer of said District and filed
with the City Clerk and approved by the Mayor and City
Council of said City.
SECTION 3. The property included in said Sanitary
Sewer District No. 36 and subject to special assessments to
pay for the costs and expense of said improvement are Lots
14, 17, 18 and 19 in Northview Addition, Lots 1, 2 and 3 in
Larsen's 5th Addition, the North 462.5 feet of Lot 10,
Block 118 in the llth Addition, all in the City of Blair,
Washington County, Nebraska.
SECTION 4. The costs of said inprovement and said
Sanitary Sewer District shall be paid out of the fund created
by levy and assessment of the lots and parcels of land in
said improvement district, benefited, and to be in propor-
tion to said benefits, all as by the statutes of the State
of Nebraska as made and provided.
SECTION 5. This ordinance shall take effect and
be'in full force from and after its passage, approval and
publication as provided by law.
ATTEST:
3278
Passed and approved this 28th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
The Mayor directed the - Clerk to read by title
Ordinance No. 1118 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1118 by
title upon its first reading.
Whereupon Councilman Jenny moved that Ordinance
No. 1118 be approved on its first reading and its title
agreed to. Councilman Nelson seconded the motion and
Councilman Pounds called for the questions.. The Mayor put
the question and directed the Clerk to call the roll for the
vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1118 approved on its first reading and its title agreed to.
SUSPENSION OF RULES
Alfred 0. Sick, Mayor
Whereupon it was moved by Councilman Jenny that
the Statutory Rules requiring reading .on three different days
3282
OPENING
ROLL CALL
ORDINANCE NO. 1119
Blair, Nebraska
May 28, 1974
The Mayor and Council of the City of Blair, Washington
County,. Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the pro -
ceedings of the meeting.
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Allen and seconded by
Councilman Jensen that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1119 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Lutz called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays :. None.
Absent: None.
Motion: Carried.
Introduction of Ordinance No. 1119 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1119 of the City of Blair, Nebraska. This Ordinance No. 1119
was introduced by Councilman Pounds and is in words and
figures as follows:
ORDINANCE NO. 1119
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 124
IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSES OF
SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID
DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET
IMPROVEMENTS THEREIN, AND PROVIDING WHEN SAID ORDINANCE SHALL
TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. A petition signed by the owners of more
than three - fourths of the lots of land abutting upon the
streets to be improved as hereinafter set forth, petitioning
for the improvement of the following described streets in
the City of Blair, Nebraska: Wright Street from 13th Street
to 14th Street, 14th Street from Wright Street North to Lot
Fourteen (14), in Northview Addition, all in the City of
Blair, Washington County, Nebraska, by paving the same, said
petition therefore having been presented and filed with the
City Clerk, there is hereby created Street Improvement Dis-
trict No. 124 of the City of Blair, Washington County,
Nebraska.
3283
SECTION 2. The street improvements to be made on
said streets in said district shall be to pave the same, the
grade of said streets to conform to the grades as established
by the City of Blair and said improvements to be made accord -
ing to plans and specifications and estimate of cost to be
prepared by the Special Engineer for said district and to be
filed with the City Clerk and to be approved by the Mayor
and City Council of said City.
SECTION 3. The property included in said Street
Improvement District No. 124 and subject to special assess-
ments to pay for the cost and expenses of said street
improvement is all of the privately owned lots, parts of
lots and tracts of land and the lots, parts of lots and
tracts of land owned by any municipal or public corporation
and abutting upon and adjacent to said streets to be im-
proved, to -wit: Lots 14, 17, 18, 19 and 20 in Northview
.Addition; Lots 1, 2, 3 and 4 in Larsen's 5th Addition; The
North 462.5 feet of Lot 10 in Block 118 in the llth Addition;
The North 113.0 feet of the South 300.0 feet of the East
127.0 feet of Lot 11, Block 118 in the llth Addition and
Lot 10 in Sunnyview Addition, all in the City of Blair,
Washington County, Nebraska.
SECTION 4. The cost of said improvements in said
Improvement District shall be paid out of the fund created
by the levy and assessments on the lots and parcels of land
in said Street Improvement District benefited thereby in
proportion to said benefits, all as by the Statutes of the
State of Nebraska in such cases made and provided.
SECTION 5. This ordinance shall take effect and
be in force from and after its passage, approval and publica-
tion as provided by law,
ATTEST:
Passed and approved this 28th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
Alfred O. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No, 1119 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1119 by
title upon its first reading.
Whereupon Councilman Allen moved that Ordinance
No. 1119 be approved on its first reading and its title
agreed to. Councilman Jensen seconded the motion and
Councilman Lutz called for the question. The Mayor put
the question and directed the Clerk to call the roll for the
vote thereon:
3287
OPENING
Blair, Nebraska
May 28, 1974
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 o'clock, P.M. Mayor Sick presided at the meeting and
City. Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on.roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Lutz, Nelson, and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman George that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1120 be preserved and kept in a separate and
distinct volume known as the Ordinance Record of the City of
Blair, Nebraska, and that said volume be incorporated in and
made a part of these proceedings the same as though spread at
large therein. Councilman Allen called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1120
Introduction of Ordinance No. 1120 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1120 of the City of Blair, Nebraska. This Ordinance No. 1120
was introduced by Councilman Nelson and is in words and
figures as follows:
ORDINANCE NO. 1120
AN ORDINANCE CREATING SANITARY SEWER DISTRICT NO. 35 IN THE
CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFORE,
DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT,
LISTING THE PROPERTY INCLUDED WITHIN SAID DISTRICT, PROVIDING
FOR. THE MANNER OF PAYMENT OF THE IMPROVEMENTS MADE THEREIN
AND PROVIDING WHEN SAID ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. The Mayor and City Council of the City of
Blair, Nebraska, hereby declare the necessity to construct a
sanitary sewer on the following line, to-wit: On Clark Street
from U.S. Highway No. 30 West to Maple Street, on Maple Street
from Clark Street to 23rd Street, on 23rd Street from Maple
Street to Clark Street, all in the City of Blair, Washington
County, Nebraska. For that purpose there is hereby created a
Sanitary Sewer District No. 35 of the City of Blair, Nebraska.
3288
SECTION 2. The improvement to be made is to construct
and lay an eight (8) inch vitrified clay sewer tile with man-
holes and wyes, said improvement to be made according to plans
and specifications and estimate of costs to be prepared by the
Special Engineer of said District and filed with the City Clerk
and approved by the Mayor and City Council of said City.
SECTION 3. The property included in said Sanitary
Sewer District No. 35 and subject to special assessments to pay
for the costs and expense of said improvement are Lots One (1)
through Seven (7) inclusive, in Block One (1) , Lots One (1)
through Eleven (11) inclusive, in Block Two (2), Lots One
(1) through Five (5) inclusive, in Block Three (3) , and Lots
One (1) through Four (4) inclusive in Block, Four (4) all in
Sunrise Addition, and Lots One (1) , Twelve (12) , Thirteen
(13), Fourteen (14) and Fifteen (15) in Russells Addition
and Tax Lot One Hundred Sixty -Four (164) in Section Fourteen
(14) , Township Eighteen (18) North, Range Eleven (11) , East
of the Sixth Principal Meridian, all in the City of Blair,
Washington County, Nebraska.
SECTION 4. The costs of said improvement and said
Sanitary Sewer District shall be paid out of the fund created
by levy and assessment of the lots and parcels of land in said
improvement district, benefited, and to be in proportion to
said benefits, all as by the statutes of the State of Nebraska
as made and provided.
SECTION 5. This ordinance shall take effect and be
in full force from and after its passage, approval and publica-
tion as provided by law.
ATTEST:
Passed and approved this 28th day of May, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
Alfred O. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1120 of the City of Blair, Nebraska. The Clerk
thereupon read the aforesaid Ordinance No. 1120 by title upon
its .first reading.
Whereupon Councilman Jensen moved that Ordinance
No. 1120 be approved on its first reading and its title agreed
to, Councilman George seconded the motion and Councilman
Allen called for the question. The Mayor put the question
and directed the Clerk to call the roll for the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Lutz, Nelson, Pounds.
Nays: None.
Absent: None.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1120 approved on its first reading and its title agreed to.
3292
OPENING
ROLL CALL
Blair, Nebraska
June 25, 1974
The Mayor and Council of the City of Blair, Washing-
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the
proceedings of the meeting.
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen, Neef,
Rennerfeldt;., and Pounds were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was `now in order.
It was moved by Councilman Jensen and seconded by
Councilman Jenny that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1121 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be --
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman Pounds called
for the question. The Mayer put the question and directed
the Clerk to call the rolifor the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef Pounds,
and Rennerfeldt.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1121
Introduction of Ordinance No. 1121 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1121 of the City of Blair, Nebraska. This Ordinance
]o. 1121 was introduced by Councilman Allen and is in words
and figures as follows:
ORDINANCE NO. 1121
AN ORDINANCE AMENDING ORDINANCE NO. 1064 OF THE CITY OF
BLAIR BY REZONING CERTAIN PROPERTY DESCRIBED HEREINBELOW;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT.
WHEREAS, the owners of real estate described as
Tax Lot One Hundred Thirty -Two (132) and the Southeast
Quarter of the Southwest Quarter (SEµ SWµ) of Section
Seven (7) , Township Eighteen (18) North, Range Twelve (12) ,
East of the Sixth Principal Meridian in the City of Blair,
Washington County, Nebraska, have filed an application
requesting that said property be changed from the current
zoning classification of, A Agricultural.,to GI General
Industrial District and
WHEREAS, the Blair City Planning Conmission has
recommended the acceptance of said proposal and,
ATTEST:
L. W. Svendgaard, City Clerk
(Seal)
3293
WHEREAS, the Mayor and City Council of the City
of ,Blair have held a public hearing to consider said matter,
notice of said hearing having been given'by publication
! in :the official newspaper of the City at least ten (10)
'days prior thereto.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF BL AIR:
SECTION 1. That the zoning classification of the
following described real estate, to -wit: Tax Lot One
Hundred Thirty -Two (132) and the Southeast Quarter of the
Southwest Quarter (SEµ SW) of Section Seven (7) , Township
Eighteen (18) North, Range Twelve (12) , East of the Sixth
Principal Meridian in the City of Blair, Washington County,
Nebraska, be changed from A Agricultural to GI General
Industrial and Ordinance No. 1064 and the zoning map of
the City of Blair are hereby amended to include said
change.
• SECTION 2. The City Clerk is hereby authorized
and directed to cause a certified copy of this ordinance
to be filed with the County Clerk of Washington County,
Nebraska.
SECTION 3. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
Passed and approved this 25th day of June, 1974.
Alfred 0. Sick, Mayor
FIRST READING
The Mayor directed the Clerk to read by title
Ordinance No. 1121 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1121 by
title upon its first reading.
Whereupon Councilman Jensen moved that Ordinance
No. 1121 be approved on its first reading and its title
agreed to. Councilman Jenny seconded the motion and
Councilman Pounds called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Pounds,
1tennerf eldt .
Nays: None.
Absent: None.
Motion: Carried.
3297
OPENING
ROLL CALL
ORDER OF BUSINESS
ORDINANCE NO. 1122
ORDINANCE NO. 1122
Blair, Nebraska
July , :9, 1974
The Mayor and Council of the City of Blair, Washing-
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the
proceedings of the meeting.
The Mayor Directed the Clerk to .call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Neef, and Rennerfeldt were present. Councilman Pounds was
.absent.
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Allen and seconded by
Councilman George that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1122 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be incorpor-
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman Ellis put the
question. The Mayor put the question and directed the
Clerk to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Rennerfeldt.
Nays: None.
Absent: Pounds.
Motion: Carried.
Introduction of Ordinance No. 1122 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1122 of the City of Blair, Nebraska. This Ordinance
No. 1122 was introduced by Councilman Jenny and is in words
and figures as follows:
AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL
NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR,
NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF
AUGUST, 1974, AND SPECIFYING THE OBJECT AND PURPOSE OF EACH
APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That there be, and hereby is appropriated
out of the money derived from the taxes levied for general
revenue purposes for the present fiscal year, commencing on
the first day of August, 1974, and out of all other available
money, and funds therefore belonging to the said City, and
amount for each object and purpose as follows:
3298
For construction of storm sewers $22,000.00
For salaries of City Offieials and employees 60,000.00
For streets, culverts, alleys and bridges -pur. of
Main Eq. 65,000.00
For Printing and publications 10,000.00
For miscellaneous and incidental expenditures 7,000.00
For expense for criminal and civil suits 4,000.00
For purchase price & future takes on property purchase 2,000.00
For improvement, operation & maintenance of aviation
field 35,000.00
For insurance premiums 20,000.00
For Chamber of Commerce Publicity 1,000.00
For salaries of employees, operation and maintenance of
Veterans Memorial Field 10,000.00
For City employees retirement pension plan 14,000.00
For salaries of Chief of Police, wager of Police Dept.
Employees, operation and maintenance of Police
Dept. 138,000.00
For salaries of employees- operation and maintenance of
Sanitary Landfill 15,000.00
Any balance of said funds remaining over and 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 levy of taxes for public
library purposes for the present fiscal year and out of all
other money and funds available therefore, the amount of all
other money and purposes as follows:
For salaries of employees, maintenance and operation, and
for new construction of Public Library 275,000.00
Any balance of Said funds remaining over and un-
expended 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 out of all other
money and funds available therefore, the amount for each
object and purpose as follows:
For street lighting. purposes $
Any balance of said fund remaining over and un-
expended at the end of the fiscal year shall be transferred .
to the Street Lighting Fund.
SECTION 4. That there be, and hereby is appropriated
out of the money derived from the water works system and out
of the water fund and all other money and funds available
therefore, the amount for each object and purpose as follows:
For improvement, extension, operation and maintenance of
water works system & salary of employees $70,000.00
For extensions of distribution system, improvement of
water department hydrant rental & service $200,000.00
Any balance of said fund remaining over and unexpended
at the end of the fiscal year shall be transferred to the
water fund.
3299
SECTION 5. That there be, and hereby is appro-
priated out of the money derived from taxes for parks and
park purposes for said fiscal year and out of all other funds
and moneys available therefore, the amounts for each object
and purposes as follows;
For parks and park purposes, salaries and employees, .
maintenance improvement and operation of Swimming
Pool $65,000.00
Any balance of said .fund remaining over and un-
expended at the end of the fiscal year shall be transferred
to the Parks and Park Purpose Fund.
SECTION 6. That there be, and hereby is appro-
priated out of the money derived from the operation of the
municipal light system and the sale of electrical current
and supplies and all other funds and money available there-
fore the amounts for each object and purpose as follows;
For salaries of Light commissioner and wages of depart-
ment employees, operation and maintenance of
municipal power distribution system $500,000.00
For extension and improvements of municipal light
power system generator and plant improvement
and line extensions $255,000.00
Any balance of said fund remaining over and un-
expended at the end of the fiscal year shall be transferred
to the Electric Light System Fund.
SECTION 7. That there be, and hereby is appro-
priated out of the money derived from taxes for sewer main-
tenance for said fiscal year and out of all other funds and
moneys available therefore, the amounts for each object and
purpose as follows:
For salaries of employees, operation and maintenance of
sewer system and sewer Treatment Plant $ 40,000.00
For extension, improvements of sewer system -- $3,500,000.00
Any balance of said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Sewer Maintenance Fund.
SECTION 8. That there be, and hereby is appro-
priated out of the money derived from the levy of taxes for
the operation, maintenance and care of the Blair
Cemetery $ 12,000.00
Any balance of said fund remaining over and
unexpended at the and of the fiscal year shall be
transferred to the Cemetery 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 and
interest thereon and the sinking fund for said fiscal
year and out of the money derived from taxes levied
for payment of intersections and for district . paving
bonds, and interest and out of any and all other
funds and money available therefore, the amounts for
each object and purpose as follows:
3300
For payment of principal and interest of bonds indebted -
'ness due or to become due and for sinking fund - - -$ 162,000.00
Any balance of said funds remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Sinking Fund for the payment of refunding
bonds.
SECTION 10. That there be, and hereby is
appropriated out of the money derived from the levy of .
taxes for the maintenance and operation of the Fire
Department for the present fiscal year and out of all
other money and funds available therefore, belonging to
said City, the amounts for each object and purpose as
follows:
For the maintenance and operation of the City Fire ,/
Dept. $ 20,000.00 �'
Any balance of said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the fund for maintenance and operation of the
City Fire. Department.
SECTION 11. That there be, and hereby is
appropriated out of the money derived from the levy of
taxes for the purpose of Purchase of Fire Department
Apparatus for the present fiscal year and out of all
other money and funds available therefore, belonging
to said City, the amounts for each object and purpose
as follows:
For the purchase of Fire Department Apparatus - - -$ 20,000.00
Any balance of said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Fire Department Apparatus Fund.
SECTION 12. That there be, and hereby is
appropriated out of the money now on hand for the Special
Gasoline Road Fund and from the money derived from special
gasoline tax and motor registration fee, and the amounts
for each object and purpose as follows:
For salaries of employees, for purchase of and the
repair of Equipment and for construction of street
improvements $300,000.00
Any balance in said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Special Gasoline Tax Fund.
SECTION 13. That there be, and hereby is appro-
priated out of the money derived from the levy of taxes
for the purpose of paying the City's share of the employees
and officers federal Social Security Tax for the present
fiscal year and out of all other money and funds avail-
able therefore, belonging to the said City the amount
for each object and purpose as follows:
For City's share of employees and officers' Federal
Social Security Tax $ 35,000.00
Any balance in said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Social Security Tax Fund.
Th
SECTION 14. That there be, and hereby is appro-
priated out of the money derived from the operation of
the Blair Apartments and all other money and funds avail-
able therefore, the amount for each object and purpose
as follows:
4..
For salaries of employees, operation and maintenance
of Blair Apartments $ 50,000.00
Any balance of said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Blair Apartment Fund.
SECTION 15. That there be, and hereby is
appropriated out of the money derived from the levy of
taxes for Supervised Recreation purposes for the fiscal
year and out of all moneys and funds available there-
fore, the amount for each object and purpose as
follows:
For salaries of employees, purchase of equipment,
maintenance of playgrounds, and recreation
centers, including the construction of necessary
buildings $ 35,000.00
Any balance of said fund remaining over and
unexpended at the end of the fiscal year and shall be
transferred to the Supervised Recreation Fund.
SECTION 16. That there be and hereby is
appropriated out of the money derived from the Federal
Government for revenue sharing, and out of all moneys
available therefore, the amount for each object and
Purpose as follows:
For salaries of employees, maintenance, purchase of
equipment, and other expenditures that are authorized
by the Federal Revenue Sharing act $140,000.00
Any balance of said fund remaining over and
unexpended at the end of the fiscal year shall be trans-
ferred to the Revenue Sharing Trust Fund.
3301
SECTION 17. This ordinance shall take effect
and be in force and take effect from and after its passage,
approval and publication as required by law.
Passed and approved this 9th day of July, 1974.
ATTEST:
L. W. Svendgaard, City Clerk
(Seal)
Alfred O. Sick, Mayor
3306
OPENING
The Mayor and Council of the City of Blair, Washing-
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 oTclo:ek, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the proceedings
of the meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, George, Jenny, Jensen, Neef,
Pounds, and Rennerfeldt were present: Councilman Ells was
absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman. Allen that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1123 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of. Blair, Nebraska, and that said volume be incorpor-
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman Pounds put the
question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon.
Yeas: Allen, George, Jenny, Jensen, Neef, Pounds, Rennerfeldt.
Nays: None.
Absent: Ellis.
Motion: Carried.
ORDINANCE NO. 1123
Introduction of Ordinance No. 1123 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1123 of the City of Blair, Nebraska. This Ordinance
No. 1123 was introduced by Councilman Allen and is in words
and figures as follows:
ORDINANCE NO. 1123
Blair, Nebraska
August 6, 1974
AN ORDINANCE AMENDING SECTION 1 -927 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, TO REQUIRE ADVERTISING FOR BIDS
FOR ANY CONTRACT EXCEEDING $5,000.00; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA:
SECTION 1. That Section 1 -927 of the Municipal Code
of the City of Blair, Nebraska, be and the same hereby is amended
to read as follows: tt1 -927 Contracts, Estimate, Advertising --
Before the Council shall make any contract in excess of $5,000.00
for general improvements such as water extensions, sewers,
public heating systems, bridges or work on streets, any motor
or mechanical equipment, including meters and street machinery,
or any other work of improvement where the cost of such improve-
ment shall be assessed to the property, an estimate of the cost
3307
thereof shall be made by the City Engineer and submitted to
the. Council; and no contract shall be entered into for any
such work or improvement or for the purchase of such equipment,
for any price exd.eeding $5,000.00 without advertising for bids.
In advertising for bids for any such work, or for the purchase
of such equipment, the Council may cause the amount of such
estimate to be published therewith. Such advertisement shall
be published at least ten (10) days in the official newspaper
of the City; provided, that in the case of a public emergency
resulting from infectious or contagious diseases, destructive
windstorms, floods, snow, war, or any exigency or pressing
necessity or unforeseen need calling for immediate action or
remedy to prevent a serious loss of, or serious injury or
damage to life, health or property, estimates of costs and
advertising for bids may be waived in the emergency ordinance
when adopted by a three - fourths vote of the Council and entered
on record. (Ref. 16 -321 RS Neb.)"
SECTION 2. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided by law.
ATTEST:
Passed and approved this 6th day of August, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1123 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1123 by title
upon its first reading.
Whereupon Councilman Jensen moved that Ordinance
No. 1123 be approved on its first reading and its title
agreed to. Councilman Allen seconded the motion and Council-
man Pounds called for the question. The Mayor put the
question and directed the Clerk to call the roll for the
vote thereon:
Yeas: Allen, George, Jenny, Jensen, Neef, Pounds, Rennerfeldt.
Nays: None.
Absent: Ellis.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1123 approved on its first reading and its title agreed to.
SUSPENSION OF RULES
Whereupon it was moved by Councilman Jensen that
the Statutory Rules requiring reading on three different
Th
3311
OPENING
The Mayor and Council of the City of Blair, Washing-
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk. L. W. Svendgaard recorded the proceedings
of the meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen,.George, Jenny, Jensen, Neef,
Pounds, and Rennefeldt were present. Councilman Ellis was
absent.
ORDER OF BUSINESS
Whereupon the Mayor . announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jenny : , and seconded by
Councilman Rennerfeldt that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1124 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be incorpor-
ated in and made apart of these proceedings the same as
though spread at large therein. Councilman Pounds put the
question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon.
Yeas: Allen, George, Jenny, Jensen, Neef, Pounds, Rennerfeldt.
Nays: None.
Absent: Ellis.
Motion: Carried.
ORDINANCE NO. 1124
Introduction of Ordinance No. 1124 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1124 of the City of Blair, Nebraska. This Ordinance
No. 1124 was introduced by Councilman George and is in words
and figures as follows:
ORDINANCE NO. 1124
Blair, Nebraska
August 6, 1974
AN ORDINANCE OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA,
ESTABLISHING CLASSES OF NATURAL GAS SERVICE AND RATES TO BE
CHARGED FOR NATURAL GAS SERVICE WITHIN THE CITY OF BLAIR,
NEBRASKA AND REPEALING ORDINANCE NO. 1011 AND ALL OTHER ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION I — APPLICABILITY AND CLASSIFICATION
This ordinance shall apply to any person, film or
corporation supplying natural gas service to the City of Blair,
Nebraska and the inhabitants thereof. Any such person, firm,
or corporation shall be hereinafter referred to as the gas
distribution company, or company.
The gas distribution company shall provide two classes
of service to its customers as hereinafter specified and
defined:
1.. Firm Gas Service
3312
Firm gas service is defined as gas service that
is supplied on a noninterruptible basis. Firm
gas service shall be made available to all
customers whose maximum space heating require-
ments are less than 1,000 cubic feet per hour.
2. Interruptible Gas Service
Interruptible as .service is defined as gas
service that is supplied on an interruptible
basis. It shall be subject to curtailment
or interruption on demand of the gas service
company whenever necessary to protect the
service of its firm gas customers.
The gas distribution company shall not, after the
effective date of this ordinance, charge more for such natural
gas service than hereinafter set forth.
1. Firm Gas Service Rate
b. Rate
SECTION II - RATES
a. Availability — This rate is available
only to customers whose maximum space heating
requirements for natural gas are less than
1,000 cubic feet per hour. The gas distribu-
tion company shall not be required to serve
any customer at the following rate whose space
heating requirements amount to 1,000 cubic feet
or more per hour.
First 500 Cubic.Feet or Less $2.00 Per Month
Next 1,500 " " at 1.628 Per MCF Per Month
Next 3,000 " tt tt 1.398 tt tt tt tt
Next 5,000 " IT TT 1.218 " IT TT TT
Next 40,000 tt tt TT 1.103 " tt P tt rt
Next 50,000 tt tt ft 1.043 tt It it it
Excess tt it TT .983
Minimum Monthly Bill $2.00
e. Adjustment for Cost of Purchased Gas
In the event the rates authorized to be charged
the gas distribution company for any natural
gas purchased by it on a firm supply basis for
resale in Blair, Nebraska, are increased or
decreased, either temporarily or permanently,
the rates prescribed in the foregoing schedule
may be increased or shall be decreased cor-
respondingly to reflect the change in the cost
of firm gas for Blair, Nebraska, such increase
or decrease by the company to be effective not
earlier than the next billing period following
the effective date of the increase or decrease
in rates charged the company.
Any refund including interest thereon, if any,
received by the company from its supplier in
respect of increased rates paid by the gas
3313
distribution company subject to refund and
applicable to natural gas purchased on a firm
supply basis for resale in Blair, Nebraska,
shall be refunded to its firm gas customers
in the form of credits on such customers' bills
or in cash to the extent that such increased
rates paid by the company were passed on to .
such firm gas customers'.
d. Adjustment for Taxes
In the event that, after the effective date
of this ordinance, the business of the gas
distribution company in the City of Blair,
Nebraska, shall be subjected to any additional
taxes measured by its gross revenues from the
operation of such business on the volume of
such business or constituting a fee for
carrying on such business, or in the event that
(i) the rate of any such tax or (ii) the amount
of any such fee shall be increased after the
effective date of this ordinance, the gas dis-
tribution company shall be entitled to increase
its charges under, the aforesaid rates so as to
offset such additional imposition or impositions
or such increase.
2. Interruptible Gas Service Rate
Availability - This rate is available only on
a contract basis to, customers whose requirements
for natural gas amount to 1,000 cubic feet or
more per hour, and who install and maintain
sufficient standby fuel to take care of customer's
entire requirements during periods of curtailment
of the use of natural gas by the gas distribution
company in order to protect the service of its
firm gas users.
Rate - The rate for interruptible gas service
shall be such rate as may be mutually agreed
upon between the customer and the gas distribution
company but shall not be higher than the firm
gas service rate that may be in effect from time
to time.
SECTION III - OTHER CONTRACTS
The gas distribution company may enter into written
contracts for a term not less than one year with any customer
or class of customer making application therefor without
discrimination for special gas service for commercial and
industrial uses at such rates and on such conditions as the
contracting parties may agree.
SECTION IV - REPEALER
That Ordinance No. 1011 and all other ordinances
and parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION V - EFFECTIVE DATE
This ordinance shall be in full force and effect
from and after its passage, approval and publication as required
by law.
ATTEST:
3314.
PASSED AND APPROVE]) this 6th day of 'August, 1974.
L. W. Svendgaard, City Clerk
(Seal)
Signed:
FIRST READING
SUSPENSION OF RULES
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1124 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1124 by title
upon its first reading.
Whereupon Councilman Jenny moved that Ordinance
No. 1124 be approved on its first reading and its title
agreed to. Councilman Rennerfeldt seconded the motion and
Councilman Pounds called for the question. The Mayor put the
question and directed the Clerk to call the roll for the vote
thereon:
Yeas: Allen, George, Jenny, Jensen, Neef, Pounds, Rennerfeldt.
Nays: None.
Absent: Ellis.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1124.approved on its first reading and its title agreed to..
Whereupon it was moved by Councilman Jenny that
the Statutory Rules requiring reading on three different
days be suspended for consideration of this ordinance. It
was seconded by Councilman Rennerfeldt, and Councilman Pounds
called for the question. The Mayor put the question and directed
the'Clerk to call the roll for the vote thereon.
Yeas: Allen, George, Jenny, Jensen, Neef, Pounds, Rennerfeldt.
Nays: None.
Absent: Ellis.
Motion: Carried.
Whereupon the Mayor declared the Statutory Rules
in regard to the passage and approval of Ordinances
suspended so said Ordinance No. 1124 might be read by title
upon its first and final reading with. the "yeas" and "nays"
each time called, recorded, and approved and passed at the
same meeting.
FINAL READING
Ordinance. No. 1124 now comes on for the final
reading. The Mayor directed the Clerk to read said Ordinance
No. 1124 by title upon its final reading.
OPENING
3318
Blair, Nebraska
August 13, 1974
The Mayor and Council of the City of Blair, Wash -
-ington County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. MayorSick presided at the
meeting and City Clerk L. W. Svendgaard recorded the proceedings
of the meeting.
ROLL CALL-
,.:,_: The Mayor directed the Clerk to call the roll, and
tnroll call Councilmen Allen, George, Jenny, Jensen, Neef,
Pounds, Ellis, and Rennerfeldt were present.
ORDER OF BUSINESS
Whereupon the Mayor announced .that the introduction
,of ordinances was now in order.
It was moved by Councilman Pounds and seconded by
Councilman Jenny that the minutes of the proceedings of the
Mayor andCouncil in the matter of the passage and approval
of Ordinance No. 1125 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be incorpor-
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman George put the
question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Pounds,
Rennerfeldt.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1125
Introduction of Ordinance No. 1125 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1125 of the City of Blair, Nebraska. This Ordinance
No. 1125 was introduced by Councilman Allen and is in words
and figures as follows:
ORDINANCE NO. 1125
AN ORDINANCE AMENDING ORDINANCE NO. 1064 OF THE CITY OF
BLAIR BY REZONING CERTAIN PROPERTY DESCRIBED HEREINBELOW;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT.
WHEREAS, the owner of real estate described as
North 36' of Lot Twenty -Oi%e (21) , Block Fifty -seven (57) ,
in the City of Blair, Washington County, Nebraska, have
filed an application requesting that said property be changed
from the current zoning classification to R 15 General
Residential District to LC, Light Commercial District and,
WHEREAS, the Blair City Planning Commission has
recommended the acceptance of said proposal and,
WHEREAS, the Mayor and City Council of the City
of Blair have held a public hearing to consider said matter,
notice of said hearing having been given by publication in
the official newspaper of the City at least ten (10) days
priox thereto.
NOW THEREFORE BE IT. ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR:
SECTION 1. That the zoning classification of
the following described real estate, to -wit: North 36
feet. of Lot Twenty -one (21) , Block Fifty -seven (57) , in
the City of Blair, Washington County, Nebraska, be changed
from R 15 General Residental District to LC, Light Commer-
cial District and Ordinance No. 1064 and the zoning map of
the City of Blair are hereby amended to include said change.
SECTION 2. The City Clerk is hereby authorized
and directed to cause a certified copy of this ordinance
to be filed with the County Clerk of Washington County,
Nebraska.
SECTION 3. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
ATTEST:
Passed and approved this 13th day of August, 1974.
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
3319
SUSPENSION OF RULES
Alfred 0. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1125 of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1125 by
title upon its first reading.
Whereupon Councilman Pounds moved that Ordinance
No. 1125 be approved on its first reading and its title
agreed to. Councilman Jenny seconded the motion and
Councilman George called for the question. The Mayor put
the question and directed the Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Weef, Pounds,
Rennerfeldt.
Nays: None.
Absent: Nome
Motion: Carried.
Whereupon the Mayor declared said Ordinance No.
1125 approved on its first reading and its title agreed to.
Whereupon it was moved by Councilman Pounds .
that the Statutory Rules requiring reading on three different
days be suspended for consideration of this ordinance. It
was seconded by Councilman Jenny, and Councilman George
called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon.
AN ORDINANCE AMENDING IN IT'S ENTIRETY SEGLION 2. 262 OF THE MUNICI-
PAL CODE OF THE CITY CF BLAIR, NEBRASKA, RELATING TO A PENSION PLAN
FOR THE EMPLOYEES OF THE GITY OF BLAIR, NFBilASKA; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AID CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That Section 2. 262 of the Municipal Code of the
City of Blair, Nebraska, be and is hereby amended in its entirety
and restated as ' Money Accumulation Pension Plan for Employees
of the City of Blair'$, a copy of which is hereunder attached.
SECTION 2• That all ordinances or parts of ordinances
conflicting with the provision of this ordinance are hereby
repealed insofar as the same affect this ordinance.
SECTION 3. That this ordinance shall take effect and
be in force from and after its passage, approval and publi-
cation as provided by law.
Passed and approved this 0 ,7 1 6 date of
ORDINANCE NO. ,
f•
1974.
THE
MONEY ACCUMULATION
PENSION PLAN
FOR
EMPLOYEES •
OF
THE CITY OF MALI
The Employer has adopted the following Money Accumulation Pension
Plan for the benefit of its employees. It is intended that this Money
Accumulation Pension Plan meet all requirements for pension plan quali—
fication under the Internal Revenue Code. If any provision of this
Money Accumulation Pension Plan is subject to more than one interpre—
tation, such ambiguity shall be resolved in favor of that interpretation
which is consistent with this Money Accumulation Pension Plan being so
qualified.
MA—CIII P age 1
Page 2 .
• •. . • '. . •• • •
I II
• .. • • • • • Article I
NO 3 • • ...... Article II, Definitions - .
LT,. Employees Entitled
. • t� Participate
Page 6 ... • . . • • • . . • . • , • • . Article IV, Participant Contributions
Page 7 ............ ,; • • • • Article Vi Enployer Contributions -
Page 8 a • • ... . . • • • , • • ***0 .• • Article VI, Investment of Contributions •
Page 9 • Article VII, Vesting
Page 10 • • •. + • • • • • ..• • • . •• • : Article VIII, Withdrawals
Page 11 • • • 0 • • : • . • • . • • • •• Article IX, Distributions Other .
. Than Withdrawals
_ -. e 34 • • . • • • • • • . • • • • • • Article X, Termination .oi` Employment
t Page 16 .. • • a • • •• • • • • .. * Article XIa Artr►ietrative Committee
Page 24 Article XII,_ Rights of Participant
Page - 411.. •: • • 'OF • • • • . • a 111 • • • Artiele XIII, Discontinuance of Plan
Page 2 3 • • • : •• • • • •• • • • • : • Article XIV, Miscellaneous aneous Provisions
Page 4 ... ' • •' 4 s • • • •: >` • a� � . •.... Article XV, Amendment
.25 - _• # • t . • • s ` * ...• ' ..,'' w Article - ,. 8evocabili ti
ARTICLE I
Section 1.1 This Money Accumulation Pension Plan shall be known as
'Tho Money Accumulation Pension Plan for Employees of the City of Biairn.
Section 1.2 This Plan shall be effective as of July 1„ 1966. .
Plan Year is a period of One year commencing with a July 1:
•
MA -CIII
•
:Page. 2
-
•
ARTI CLE II
Definitions
When used in this Plan, the following terms shall have the meanings set
forth below unless a different meaning is plainly required by the context:
"Administrative Committee" shall mean the body established in accordance
with Article II hereof for the purpose of Administering this Plan.
"Bene'iciary" shall, mean ar;y individual, trust or other recipient named
by a Participant to receive benefits payable hereunder upon his death, or the
spouse, children or estate of the Participant, all as provided in Article IX,
Section 9.2 hereof.
"Compensation" shall mean gross monthly compensation paid by the Employer
to a Participant and reportable for Federal income tax purposes. --
"Employee" shall, mean any person employed by the Eknployer whose customary
employment is for Thirty (30) hours or more in ally week and for tea (10) months
or more in any calendar year, with the exception of policemen and firemen.
".Employer" shall mean the legal entity named under Article I, Section 1.1
hereof, or any successor organization which shall assume the obligations of
this Plan with respect to its employees.
"&nployer Contributions Account?' shall -mean that portion of a Participant's
.interest in this Lan which is attributable to Ilnployer Contributions made on
'his behalf hereunder. .
"Insurer" shall mean a legal reserve life insurance conipany which may issue
a' group annuity contract or contracts to the tknployer in conjunction herewith.
Page 3
�� Y
"Norval Retirement Date" shall mean the first day of the month coin -
cidinewith or next succeeding the date the Participant shall have attained
age sixty -five (65).
"Participant" shall mean an Ilnployee who meets the eligibility require-
ments set forth in Article III hereof and who has taken all of the steps
required by said Article III.
"Participant Contributions Account" shall mean, that portion of a Parti-
cipant's interest in this Plan which is attributable to his on Participant
Contributions.
"Plan" shat) mean the Haney Accumiiation Pension Plan set forth in and
by this document and all subsequent amendments thereto.
The singular form of any word shall include the plural wherever neces-
sary for the proper interpretation of this Flan.
MA --CIII
Page. 4
•
ARTICLE III
Eliployees Entitled to Participate
Section 3. - -Each Employee shall be eligible to become a Participant as
of the first day of any month after he shall have been employed, continuously
by the Employer as an Employee for 2 years and after he shall have attained
the 21st anniversary of his date of birth.
Section 3.2 For the purposes of this Article, the Administrative Com-
mittee shall construe as continuous employment, employment as an Employee
which shall not have been interrupted for more than three (3) months in any
one year. In the event an E;rployeets status as an Employee is interrupted
for a longer period during any year, but thereafter is resumed, he shall be
deemed to be a new Employee from the date of such resumption, and the re-
quired period of employment service, if any, as an Employee for determining
his subsequent eligibility shall be computed from that date.
Section 3.3 The Administrative Committee shall notify every Employee
of his eligibility, and shall give him an opportunity to become a Participant.
Section 3 :4 To become a Participant, an Employee must meet the above
'requirements of this Article and, ateleast Thirty .day prior to the first
_ day' of the month he wishes ; to become .a Participant, he must execute an
appli=
cation authorizing the Employer to make regular payroll,, deductions of his
Participant Contributions and he must make investment elections as described
.in Article VI hereof. No - : ,
Employee shall become : ; Participant until he has
met the above requirements.
. ri�ii czu
MA -CITI
ARTICLE IV
Participant Contributions
Section 4.1--Each Participant shall make basic Participant Contributions
hereunder while he remains an Fployee of the Eanployer in the amount of Three
per centum (3%) of his Compensation.
Section 4.2 Participant Contributions shall be made by means of payroll
deductions and the amounts so deducted shall be paid monthly to the Insurer
by the and sh01 be credited to the Participant's Participant
Contributions Account.
Page 6
ARTICLE V
Employer Contributions
Section 5.1 For the purpose of funding this Plan, the Employer shall_
enter into a group annuity contract or contracts with any legal reserve life
insurance company organized or incorporated under the laws of any one of the
United States of America and duly licensed in the jurisdiction specified in
Article XIV, Section 14.4 hereof.
Section 5.2 (a) Current Service: For each month that the Participant
makes basic Participant Contributions, the Employer shall make monthly Em-
ployer Contributions to the Insurer hereunder which shall be credited to the
Participants Employer Contributions Account. The amount of the Employer
Contribution to be made for any particular month with respect to any particular
Participant shall be equal to One Hundred per centum (100%) of the Participant's
Contributions. No Employer Contributions will be payable with respect to any
Participant for any period for which no Participant Contribution is made by
such Employee.
(b) Past Service: The Past Service Benefit shall be of
monthly earnings as of July 1, 1966 for each year. of credited past service.
Credited past service shall be defined as full years of continuous service
prior to 'July 1, 1966, subject to a maximum of ten such years.
Section 5.3 The Employer shall make additional contributions hereunder
sufficient to defray the expenses of administering this Plan, including any
expense charges or fees of the Insurer under the group annuity contract or
contracts other than Insurer charges or expenses attributable to the opera-
tion of the Insurer's Equity Accounts.
NiA -CIIT Page 7
ARTICLE VI
.Investanent of Contributions
Section 6.1 The group annuity contract or contracts entered into
between the Employer and the Insurer permit investment at a fixed rate of
return.
Section 6.1 The value of a Participant's Participant 'Contributions
Account and his Employer Contributions Account for atxy month shall be deter-
mined in accordance with the group annuity contract or contracts on a date
herein referred to as a "Valuation Date". The monthly Valuation Date shall
be the last day of the month or such earlier day nearest the end of such
month which coincides with the Insurer's established procedures for deter=
mining monthly values in connection with the group annuity contract or con=
tracts. Not less frequently than annually,` the Administrative Committee
shall notify each Participant:of the value of his-Participant Contributions
Account and Employer Contributions Account held under the group annuity
contract or contracts.
Section 7.1 The Participant's interest in his Participant Contributions
Account hR11 be fully vested, in him at all times.
Section 7.2 The Participant's interest in his Employer Contributions
Account gill become fully vested in him at the earliest of the following
dates:
(a) The date the Participant shall have completed at least 10 years
of Continuous employment in the service of the Employer and has
Attained age 55.
(b) The date of the Participant's death.
(c) The Participant's Normal Retirement Date.
(d) The date of termination of this Plan or the date of complete
cessation of Employer Contributions hereunder.
ARTICLE VII •
Vestin
Page 9
ARTICLE VIII
Withdrawals
Section 8.1 Withdrawals of all or part . of a Participant's Participant
Contributions Account or his Employer Contributions Account prior to a
Participant's Normal Retirement Date or the Participant's date'of termination
of employment are not allowed under this Plan. The only form of
of funds prior to a Participant's Normal Retirement Date or termination of
employment by reason of death is the lump sum cash payment described in
Article X, Section 10.3 hereof.
MA -GIII
.. Page 10
Distributions Other Than Withdrawals
Section 9.1 Upon the termination of the Participant's employment with
the Employer breason of his attainment of Normal Retirement Date, the.
Participant shall be entitled to a distribution of his Participant Contri-
butions Account and his Employer Contributions .Account. Payment of the
Participant's benefits at retirement shall be as an immediate annuity
purchased under the group annuity contract or contracts, or in a combina-
tion of 25% of the Accounts applied to lump sum payment, with 75% applied
to an immediate annuity. The Administrative Committee shall obtain des-
criptions of the forms of immediate annuity avp1Iable under the group
annuity contract or contracts for the purpose of informing Participants
therefor. After having so informed the Participant and having consulted with
him, the Administrative Committee shall select the method or methods of pay-
ment of his benefits from those available under the group annuity contract
or contracts; provided, however, no method of payment providing for a guaran-
teed number of monthly annuity payments may be selected which would assure
_payments beyond the actuarial life expectancy of the Participant and his -.
spouse determined on a joint and survivorship basis and further provided that
the value of any payment to. a Beneficiary .shall be less than fifty per-
cent (50%) of the value of the Participant's interest under this Plan,
1 A
ARTICLE IX
Page 11
determined as of the commencement of the Participant's Annuity. After
the occurrence of the distribution event, payment of such benefits shall
be made or shall commence to be made as of the monthly Valuation Date
next following the date the Insurer receives from the Administrative
Committee such written notice of distribution as shall be required by -
the Insurer, or, if the Participant shall have made -a written irrevocable
election to the Administrative Committee prior to his termination of em-
ployment, and the Administrative Committee shall have informed the Insurer
thereof in their distribution notice, payment may be deferred until the
first monthly Valuation Date of the calendar year next succeeding the dis-
tribution evert.
Section 9.2 Upon the death of the Participant, a distribution of the
deceased Participant's Participant Contributions Account and his &iployer.
Contributions Account shall be made to his designated Beneficiary unless
the Participant shall have previously commenced to receive an annuity in
accordance with Section 9.1 of this Article. Any death benefits payable'
upon the death of a Participant who was receiving such an annuity shall be
as'provided in the particular form of annuity which was payable to the
Participant.' The Participant shall have the unrestricted right to desig-
nate the -BeneficIary to receive the death benefits to which he is entitled
hereunder, and to change any such designation. Each such designation for
death benefits shall evidenced by a written • instrument filed with the
Administrative Committee, signed by the Participant and witnessed. If no
such '. designation is . on file' with the Administrative Committee at the time
of the death of the Participant, or if for any reason in the sole discretion
of the Administrative Committee such designation is defective, then the
MA -CITY - '. Page . 12
Participant's spouse, if living, his children, if living, or his estate,
in that order of preference shall be conclusively deemed to be the Bene-
ficiary designated to receive such benefit. Payment of the death benefits
k J - "
shall be in the form of a lump sum cash payment. Payment of such death
benefits shall be made or shall commence to be made as soon as practicable
after the monthly Valuation Date next following the date the Insurer shall
have been informed of the Participant's death.
MA -CIII
...Page 13
y4
with the Employer prior to his Normal Retirement Date other than by reason•
of his death, the Participant's vested interest in his Participant Contri-
butions Account and his Employer Contributions Account shall be determined
in accordance with Article VII hereof. If, at termination of employment,
the Participant is not fully vested in his Employer Contributions Account
in accordance with Article VII hereof, he shall forfeit his interest in
that portion of his Employer Contributions Account in which he is not
vested. Any amounts so forfeited by Participants shall be used to offset
future Employer Contributions under this Plan except as otherwise provided
in Article XIII, Section 13.4 hereof.
Section 10.2 If the Participant's employment with the Moyer is
terminated in accordance with Section 10.1 of this Article, he must, no
later than Thirty days after such termination of employment, make a written
irrevocable election to the Administrative Committee regarding the 'disposi-
tion.of his vested interest in his Participant Contributions Account and his
Employer Contributions Account. Such election may be (1) to receive an
immediate distribution as described in Section 10.3 of this Article or (2)
to receive a deferred distribution as described in Section 10..4 of this
Article. If the Participant shall fail to make a distribution election,
he shall conclusively be presumed to have elected the immediate lump sum
distribution described in Section 10.3 of this Article and such election
shall be deemed to have been made as of the last day of said Thirty day
period.
MA -CIIT Page 14
A RTICLE X
Termination of Employment
Section 10.1 Upon the termination of the Participant's employment
Section 10.3 Immediate payment of the Participant's benefits at termina-
tion of employment in accordance with this Article shall be the value of his
Participant's Contributions Account, in the form of an immediate lump sum cash
payment. This payment is in lieu of all other benefits under the Plan. Im-
mediate payment of such benefits shall be made or commence to be made as the
monthly Valuation Date next following the date the Insurer receives the
Administrative Committee such written notice of distribution as shall be required
by the Insurer. Upon election of the above immediate lump sum cash payment, the
Participant shall forfeit all interest in his Employer Contributions Account.
Any amounts so forfeited by Participants shall be used to offset future Employer
Contributions under this Plan except as otherwise provided in Article XIII,
Section 13.) hereof.
Section 10.4 Deferred payment of the Participant's benefits after termina-
tion of employment in accordance with this Article shall be in any method or
methods described in Article IX, Section 9.1 hereof and the selection of the
applicable method or methods shall also be made in accordance with said Article IX,
Section 9.1 hereof. Deferred payment of such benefits shall be made or commence
to be made as soon as practicable after the monthly Valuation Date next following
the Participant's Normal Retirement Date or, if the Participant makes a written
notice to the . Administrative Committee for payment at a specific earlier date and
•
the Administrative Committee consents to such request, payment of such benefits
shall be made or shall commence to be made as of the monthly Valuation Date next
following the date the Insurer receives from the Administrative Committee such
written. notice of earlier distribution as shall be required by the Insurer; pro -.
vided, however, that such earlier distribution shall be in the method of immediate .
payment described in Article X,. Section 10.3 hereof, any provisions earlier described
in this Article I Section 10.4, notwithstanding.
} A-CIII Page 15
y
•
-3.
ARTICLE XI
Administrative Committee
Section 11.1 The Employer shall appoint the Administrative Committee,
which at all timed-shall consist of one or more members and shall hold
office during the pleasure of the Employer. The Employer shall fill va—
cancies on the Administrative Committee. Any Administrative Committee -
Member may resign his duties hereunder by filing . with the Employer his
written resignation at least Sixty days prior to the effective date of
such resignation. The Employer shall certify to the Insurer the names
and specimen signatures of the Administrative Committee Members appointed
by the Employer and of any changes therein from time to time.
Section 11.2 The Administrative Committee may make rules and regu—
lations for the administration of the Plan which are not inconsistent
with the terms and provisions hereof.
Section 11.3 Any act which this Plan authorizes or requires the
Administrative Committee to do may be done by a majority of the Adndnis—
trative Committee Members at the time acting hereunder; and the action of
such majority of the members: of the Administrative Committee expressed
from time to time by a - vote at a meeting, or in-writing without a meeting,
shall constitute the of the Administrative Committee and shall have
the same effect for all purposes as if assented '. to_ by all members of the
Administrative Committee at that time in office.
Section 11.4 The Administrative:. Committee may certify to the In-
surer by majority vote or action, as provided for in Section 11.3 of this
Article, the name of One or more of its members authorized to act for it
in its relationship with the Insurer. The Insurer shall be and hereby.
MA —CIII • :rage 16
is, authorized to act in pursuance of the written instructions of any
individual Administrative Committee Member so designated and shall be,
and hereby is, completely released from any liability resulting from,
or in connection with, any action taken pursuant to instructions so re-
ceived.
Section 11.5 The Administrative Committee shall supervise and con-
trol the operation of this Plan in accordance with the terms hereof and
shall have all powers necessary to accomplish that purpose. The Adminis-
trative Committee may construe this Plan, and its constructions hereof
and actions thereon in good faith shall be final and conclusive.
Section 11.6 The Administrative Committee shall use ordinary care
and reasonable diligence in the exercise of its powers and the perform-
anee its duties hereunder, but shall not be liable for any mistake of
judgment or other action taken in good faith, or for any loss, unless
resulting from its own gross neglect.
Section 1107 The Administrative Committee shall see that books of
account are kept which shall show all receipts and expenses and a com-
plete record of the operations of the Plan, including records of the
_- .:accounts of individual Participants. Any Participant may demand a
record of the Administrative Committee's accounts with respect to his
own participation but shall have no right to inquire as to accounts of
other Participants.
Section 11.8 The Employer may at any time inspect the books of
account or have the same inspected by any agent or employee.
Section 11.9 The Administrative Committee shall file with the Em-
-
ployer aft annual statement of its acts hereunder, and the Employer may
MA"'C Page 17
•
enter into an agreement approving and allowing the same, and any such
agreement made in good faith shall be finals binding and conclusive on
all-persons and parties hereto or claiming any interest hereunder and
shall be a full discharge and acquitance of the Administrative Committee
with respect to the matters set forth in such statement.
Section 11.10 The Administrative Committee may consult with counsel
who may be counsel to the Employer. The Administrative Committee shall
be relieved of all responsibility whatsoever for done or omitted
upon the written advice of counsel.
Section 11.11 In the event that any dispute shall arise regarding
the Pe rson to whom payment or delivery of any sums shall be made by the
Insurer, or regarding any act to be performed by the Administrative Com—
mittee or the Insurer, the Administrative Committee may direct that such
payment be retained. and have postponed such delivery, or have postponed
the performing of such act until adjudication of - such dispute shall have
been made in a court of competent jurisdiction or until it - shall have been
indemnified against loss to its satisfaction.
Section 11.12 The .Administrative Committee is authorized to incur
any expenses necessary to the proper discharge of its duties and respon
sibilities in administering this Plan.' The Employer agrees _tQ.: pay such
incurred expenses as `rwell as to pay the Administrative Committee for its
services such compensation as may be mutually' agreed upon between the
IInployer and the Administrative Committee.•
. Section 32.13 The Administrative Committee is authorized to direct
the Insurei t4 make investments.under the group annuity contract or con-
Aracta in accordance with the investment selections made by the Partici—
Pants pursuant to Article VI hereof.
Page 18
Section 11.14 In any case where the provisions of this Plan require
the consent or approval by the Administrative Committee of an election or
request made by an Employee, Participant or Beneficiary
in order to make
such election or request effective, the Administrative Committee shall
l
act on such election or request as promptly as shall be reasonable in
the circumstances. In any case where action by the Insurer under the
annuity contract or contracts is necessary in order to make opera —
g rou P
tive an effective election or request made by an Employee, Participant
_ or Beneficiary, it shall be the responsibility of the Administrative
Committee to transmit such election or request to the Insurer in writing
and_as promptly as shall be reasonable in the circumstances. The Insurer
shall not be obliged to take action under the group annuity contract or
contracts with respect to any particular election or request . unless the
Insurer shall have received the election or request in such form and
detail shall reasonably be required by the Insurer.
Section 11.15 The Administrative Committee in interpreting any
provision of this Plan or in making any judgment or determination with
respect to any person hereunder will apply uniform rules in a like manner
to all persons under similar circumstances.
MIL-C111
Page 19
ARTICLE XIII,
Discontinuance of Plan
the nployer hopes to continue this Plan and
Section 13.1 Alth o ugh
the contributions thereto r may for any reasons
indefinitely, the �►p Ye
3- time:
further contributions thereto at any
terminate this Plan and all to the Administra
Mtice of such termination shall be given in writing
tive Committee.
1 2 Regardless of the provisions of Section 13.1 of this
Section. 3• terminate upon
Articles the liability of the Employer•shall automatically
dissolved, upon the filing of a petition in bankruptcy -
his being legal y any general
(either voluntarily or involuntarily) or upon his making
assignment for the benefit of creditors. fete dil-
• Section-13.3 Upon the termination of this Plan, the comp
He Employ
nuance of contributions thereto, or of the liability of th r s
contixi the Administrative
provided for iri this Article,.
to contribute thereto, as p the Employer. Committee shall be notified in writing of such event by
provided for in. Article XVI hereof s
each Participant and the
Except as F rig hts
of each deceased Participant shall be- vested with all
Beneficiary ation and such
to any,
funds iri his accounts as of the date, of such. termin
all be distributed to such persons' within .a reasonable time
funds sh
A ny forfeitures which shall have occurred in accordance
• - ; "$ection .13 •� prior to
ic1e'x, Section 10.1 and. Article VIII, Section 8.2 hereof p
with Art lied to re-
'the • termination of this Plan but which shall
not have been app
tributjons hereunder shall be distributed pro rata to
duce FmPLoyer Con
i ants who were Employees of the Employer. immediately prior
those Panic p
to the termination of this Plan.
Page 22
•! •
6
ARTICLE XIV
Miscellaneous Provisions
Section 11.1 This Plan is created for the exclusive benefit of Em-
ployees of the Employer and their Beneficiaries. If any provision of this
Plan is susceptible of more than one interpretation, then among those in-
_
terpretations which are possible, that one shall always be given to this
Plan and each and every one of its provisions which will be consistent
with this Plan being an enployeesi Plan within the meaning of Section 101
of the Internal Revenue Code, as amended, or as it may be replaced by any
sections of the Federal Law of like intent and purpose.
Section 14.2 Except as provided by the terms of Article XVI hereof
no fluids contributed hereunder or � - ,
any assets of this Plan shall ever revert
to, or be used or enjoyed by, the Ekployer or any successor of the Employer
nor shall '
any such funds or assets ever be used other than for the benefit
of the kriplayees of the
Employer or the Beneficiaries of such Employees.
Section 14.3 The Employer and the Administrative Committee shall b
discharges), from any liability in acting upon any notice, request, consent,
letter, telegram .. or other paper or document believed by them, , or any of
them, to be genuine, and to have been signed or sent by the
by proper person.
Section 1 4. . 4 This Plan . shall, be construed according to the laws of
the jurisdiction of Nebraska.
Page 23
Section 15.1 The Employer shall have the right amend this Plan
in whole or in part at any time and from time to time. Any such amend—
merit. may be made retroactively effective.
Section 15.2 It is expressly understood, however, that the power of
the Employer to amend this Plan is subject to this Section, and that no
amendment, except to the extent it may be required to qualify, or as a
condition of continued qualification of this. Plan under Section 401 of
the Revenue Code shall be made which would have any of the
MA —C i,ui
ART ICLE XV
Amendment
Page 24
following effects:
Deprive any Beneficiary of a then deceased Partici—
pant of the right to receive the benefits to which
the Beneficiary may be entitled hereunder.
Deprive any Participant of the benefits to which he
is entitled hereunder.
Deprive any Participant of any of the proportionate
interest in this Plan to which he mould be entitled
were he to terminate employment on the date of such
amendment. _
It is also expressly understood that no amendments shall be made
which would increase' the duties or obligations of the Administrative
Committee without the Administrative Committee's written consent thereto.
ARTICLE XVI
Revocability
Section 16.1 This Plan is based upon the condition that it shall be,
approved and qualified by the Internal Revenue Service as meeting the re-
quirements of the Federal Internal Revenue Code and regulations issued
thereunder with respect to pension plans.
Page 25
Accordingly, anything hereinabove'contained to the contrary notwith-
standing, if a Final Ruling shall be received in writing from the Internal
Revenue Service that this Plan does not qualify under the terms of Section
401 of the Internal Revenue Code, there shall be no vesting in any Partici-
pants of any assets of this Plan held by the Insurer which are attributable
to Employer Contributions and the Insurer, upon receipt of written notice
from the Employer, together with a copy of such a ruling, shall transfer
and pay over to the Employer all of the net assets in this Plan which are
attributable to Employer Contributions and which remain after deduction
of proper expenses of termination. The assets in this Plan which are
attributable to Participant Contributions shall be returned to the appli-
cable Participants, and this Plan shall thereupon terminate. For the
purposes of this Article XVI, 'Final Ruling" shall mean either (1) the
initial letter ruling from•the District Director, in response to the
loyyer's original application for a ruling, or (2) if such letter
ruling is'unfavorable and a written appeal is taken or protest filed
within sixty (60) days of the date of such letter ruling it shall mean
the ruling received in response to such appeal or protest.
r
Attest:
bce cuted this
t 1-) t. ,tff t
Official Title
MA -CITY
{
r
ti
Page 26
F4RR ts.\.1\01
p 19,3 at
VOW
3328
OPENING
The Mayor and Council of the City of Blair, Washing-
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the pro-
ceedings of the meeting.
ROLL CALL
Blair, Nebraska
October 1, 1974
The directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Neef, Pounds, and Rennerfeldt were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jensen and seconded by
Councilman Allen that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1127 be preserved and kept in a separate
and distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be incorpor-
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman Jenny put the
question. The Mayor put the question and , directed the Clerk
to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Pounds,
Rennerfeldt.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1127
Introduction of Ordinance No. 1127 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and Council was the passage and approval of Ordinance
No. 1127 of the City of Blair, Nebraska. This Ordinance
No. 1127 was introduced by Councilman Jenny and is in words
and figures as follows:
ORDINANCE NO. 1127
AN ORDINANCE CREATING A PRIVATE ROADWAY CROSSING ON 25TH
STREET IN THE CITY OF BLAIR MAKING IT UNLAWFUL FOR ANYONE
OTHER THAN AUTHORIZED PERSONNEL TO USE SAID CROSSING; RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION There is hereby added to the municipal
code of the City of Blair a new section, to be designated
Sectiom 5 -633 which shall read as follows: "SECTION 5 -633.
PRIVATE ROADWAY CROSSING; USAGE. 25th Street in the City of
Blair from its intersection with Nebraska Street in said City
to its intersection with Fontenelle Boulevard in said City
3329
is hereby designated a private roadway crossing. It shall
be unlawful for anyone other than authorized personnel to
use said roadway and the railroad crossing located thereon."
SECTION 2. There is hereby added to the municipal
,code of the. City of Blair Section 5 -633.1 which shall read
as follows: "Section 5- 633.1. PRIVATE ROADWAY CROSSING;
'AUTHORIZED PERSONNEL' DEFINED. The term authorized personnel
as used in Section 5 -633 shall mean any person who has
received from the Police Chief of the City of Blair .a permit
to use said roadway and crossing. The Police Chief shall
have sole jurisdiction over the issuance of said permits.
The Police Department shall be responsible for the enforce-
ment of the same. Those eligible to receive permits shall
be duly qualified and acting members of the Blair Fire
Department, the Blair Rescue Squad, the Blair Police Depart-
ment, Medical Doctors practicing in Blair, Nebraska, and a
limited number of emergency hospital personnel. In addition,
maintenance crews of the City of Blair may be issued permits
to perform certain maintenance duties relative to the upkeep
of said crossing. Any permit issued by the Police Chief
'shall specify the name, the person authorized to use said
crossing together with the license number or numbers of the
vehicle or vehicles to be used by said authorized person
and shall be issued on a form provided by the Police
Chief. No fee shall be charged for the issuance of said
permits.
SECTION 3. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in force and
take full effect from and after its passage, approval and
publication as provided bylaw.
Passed and approved this 1st day of October, 1974.
ATTEST:
L:. W. Svendga.rd, City Clerk
(Seal)
Alfred O. Sick, Mayor
FIRST READING
The Mayor directed the Clerk to by title
Ordinance No. 1127 of the City of Blair.,. , Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1127 by
title upon its first reading.
Whereupon Councilman Jensen moved that Ordinance
No. 1127 be approved on its first reading and its title
agreed to. Councilman Allen seconded the motion and
Councilman Jenny called for the
�Y question. The Mayor put
the question and directed te Clerk to call the roll for
the vote thereon:
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Pounds,
Rennerfeldt.
Nays: None.
Absent: None.
Motion: Carried.
7 .
3333
OPENING
ROLL CALL
Blair, Nebraska
November 12, 1974
The Mayor and Council of the City of Blair, Washing -
ton County, Nebraska, met in regular session in the Council
Chambers at 7:30 o'clock, P.M. Mayor Sick presided at the
meeting and City Clerk L. W. Svendgaard recorded the pro-
ceedings of the meeting.
•
The Mayor directed the Clerk to call the roll, and
on roll call Councilmen Allen, Ellis, George, Jenny, Jensen,
Neef, and Rennerfeldt were present. Councilman Pounds was
absent.
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Jenny and seconded by
Councilman Jensen that . the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval
of Ordinance No. 1129 be preserved and kept in a separate
and.. distinct volume known as the Ordinance Record of the
City of Blair, Nebraska, and that said volume be incorpor-
ated in and made a part of these proceedings the same as
though spread at large therein. Councilman Ellis called for the
question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen:, Neef, Rennerfeldt.
Nays: None.
Absent: Pounds.
Motion: Carried.
ORDER OF BUSINESS
ORDINANCE NO. 1129
Introduction of Ordinance No. 1129 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor and. Council was the passage and approval of Ordinance
No. 1129 of the City of Blair, Nebraska. This Ordinance
No. 1129 was introduced by Councilman Allen and is in words
and figures as follows:
ORDINANCE NO. 1129
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF REVENUE
BONDS OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, TO BE
DESIGNATED "SEWER REVENUE BONDS" IN THE PRINCIPAL AMOUNT OF
THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR THE PURPOSE
OF PAYING THE COST OF CONSTRUCTING AND EQUIPPING A SEWER
TREATMENT PLANT AND OUTFALL SEWER SYSTEM FOR SAID CITY, TO BE
SECURED BY THE PLEDGE OF THE REVENUES DERIVED FROM THE FEES.
AND CHARGES COLLECTED BY THE CITY FOR THE USE OF ITS SEWER
SYSTEM AND TO BE PAID SOLELY OUT OF SAID FUNDS AND NOT TO BE
A GENERAL OBLIGATION OF THE CITY OF BLAIR: TO PROVIDE FOR THE
FORM OF. SAID BONDS AND TO PROVIDE FOR THE ESTABLISHMENT,
MAINTENANCE AND COLLECTION OF FEES AND CHARGES FOR CONNECTION
WITH. SAID SEWER SYSTEM AND SERVICES AND USE THEREOF, AND
PROVIDING FOR THE APPLICATION OF THE MONEY COLLECTED FROM
SAID FEES AND CHARGES.
n
1111111 I ii ,il�r :H 11
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The Mayor and City Council of the City
of Blair hereby find and determine: that in order to promote
public health and safety and in the interests of the City of
Blair and its inhabitants, the Mayor and Council of the City
of Blair have heretofore determined and do hereby determine
that it is necessary that a sewer treatment plant and outfall
sewer system be constructed and equipped for said City, all
in ,accordance with plans, specifications and estimate of cost
therefor as made by Kirkham, Michael & Associates, Special
Engineers for the City, and as heretofore approved by the
Mayor and Council of said City and now on file in the office
of the City Clerk for public inspection, and that for the
purpose of paying the cost of constructing and equipping a
sewer treatment plant and outfall sewer system for said City
it is necessary to issue Sewer Revenue Bonds of said City of
Blair which shall not impose any general liability on the City
but which shall be secured only by the pledge of the fees
and use charges collected by the City for the use of its
Sewer System; that the City of Blair has no Sewer Revenue
Bonds outstanding; that the City of Blair has not in any
manner pledged or created a lien upon the revenues from its
sewer system to the payment of any obligation; that to provide
the revenues with which to pay the principal of and interest
on said bonds and to pay the cost of operating and maintaining
said system, the City has established the necessary rules and
regulations covering the use, operation and control of such
sewer system and has established just and equitable rates and
charges for the use of such sewer system by each person, firm
or corporation whose premises are served thereby, all as
provided by Article 5 of Chapter 18 of the Reissue Revised
Statutes of Nebraska, 1943, . as amended.
SECTION 2. The Mayor and Council of the City of
Blair further find and determine: that the Mayor and Council .
have heretofore estimated and do hereby estimate and determine
that the cost of constructing and equipping a sewer treatment
plant and outfall sewer system for said City and the cost of
related expenditures equals $3,239,823 and of this amount the
City of Blair has received a grant from the Environmental
Protective Agency of the United States of America in the amount
of $2,392,367 and a grant from the State of Nebraska in the
amount of $398,728; that the City of Blair has contracted with
Winter Construction Company for $751,233 for the construction
of the outfall sewer system and with Korshoj Construction
Company, Inc. for $2,122,400 for the construction of a sewer
treatment plant for said City; in addition, the City anticipates
related expenditures of approximately $366,200 including
equipment and materials, engineering fees, contingency con -
struction costs, legal and fiscal fees, cost of purchase and
improvement of site and administrative costs; the City of Blair
will contribute approximately $148,728 from funds on hand;
that in order to pay the remaining portion of the total cost
it is ndcessary'that the City of Blair issue its Sewer Revenue
Bonds in the amount of $300,000 pursuant to the authorization
contained in Sections 18-501 to 18 -504, Reissue Revised Statutes
of Nebraska, 1943; that all conditions, acts and things required
by law to be done precedent to the issuance of $300,000
Sewer Revenue Bonds of the City, Series of 1974, authorized
to be issued by this Ordinance, have been done in due time
and form and the City has the power to proceed with the
issuance of said bonds.
SECTION 3. For the purpose of paying the cost of
constructing and equipping a sewer treatment plant and outfall
sewer system for the City of Blair there are hereby ordered
issued Three Hundred Thousand Dollars ($300,000) aggregate
principal amount of Sewer Revenue Bonds, of the City of
Blair, Nebraska, said bonds to be designated "Sewer Revenue
Bonds, Series of 197.4". The Series of 1974 Bonds in the
amount of $300,000 shall be dated November 15, 1974, shall be
in $5,000 denominations, shall be numbered from 1 to 60,
inclusive, and shall become due and payable and bear basic
and supplemental interest as follows:
•BOND NUMBERS
1 and 2
3 to 5, inclusive
6 to 8, inclusive
9 to 11, inclusive
12 to 14, inclusive
15 to 17, inclusive
18 tbo21, inclusive
22 to 25, inclusive
26 to 29, inclusive
30 to 33, inclusive
34 to 38, inclusive
39 to 43, inclusive
44 to 48, inclusive
49 to 54, inclusive
55 to 60, inclusive
In addition to the basic interest rate shown above,
Bonds Numbered l to 60, inclusive, shall bear supplemental
interest at the rate of .8% per annum from November 15, 1974,
to November 15, 1975, evidenced by supplemental coupons
bearing the letter "A", which coupons may be detached and sold
Separately.
Provided, however, any or all of said bonds numbered
from 15 to 60, inclusive, shall be redeemable at the option
of the City at any time on or after November 15, 1979 at par
and accrued interest to the date fixed for redemption. If
less than all of said Bonds shall be redeemed at one time,
they shall be redeemed in inverse order of the numbers on
the Bonds.
Both the principal and interest on the Series of
1974 Bonds shall be payable solely from the revenues and
earnings derived from the Cityrs sewer system and shall be
payable at the office of the County Treasurer of Washington
County, in Blair, Nebraska in any coin or currency of the
United States of America which at the time of payment is legal
tender for the payment of public and private debts. Interest
shall be payable on November 15, 1975 and semi - annually
thereafter on the fifteenth day of May and November of each
yipar, all such interest to be evidenced, by coupons attached
to each Bond in the amount of interest to become due on
each interest Payment date on such Bond.
SECTION 4. The Series of 1974 Bonds shall be signed
by the Mayor, sealed with the corporate seal of said City,
and attested by the City Clerk and the interest coupons
attached to said bonds shall be executed by the facsimile
3335
MATURITY
AMOUNT DATE
$10,000
15,000
15,000
15,000
15,000
15,000
20,000
20,000
20,000
20,000
25,000
25,000
25,000
30,000
30,000
November 15, 1975
November 15, 1976
November 15, 1977
November 15, 1978
November 15, 1979
November 15, 1980
November 15, 1981
November 15, 1982
November 15, 1983
November 15, 1984
November 15, 1985
November 15, 1986
November 15, 1987
November 15, 1988
November 15, 1989
BASIC
INTEREST
RATE
5.20
5.20
5.20
5.20
5.20
5.30
5.30
5.40
5.40
5.60
5.60
5.80
5.80
6.00
6.00
3336
signatures of said Mayor and said City Clerk, and said
officials, by the execution of said bonds, shall adopt as
and for their own proper signatures their respective facsimile
signatures appearing on said coupons.
SECTION 5. The Series 1974 Bonds and coupons per -
taining thereto shall be in substantially the following form:
1
3337
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
CITY OF BLAIR
No.. $5,000.00
KNOW ALL MEN BY THESE PRESENTS: That the City of
Blair, in the County of Washington, in the State of Nebraska,
for value received, hereby promises to pay to the bearer
hereof, but solely out of the revenue and earnings derived
from the City's sewer system, as hereinafter specified, the
sum of FIVE THOUSAND DOLLARS ($5,000.00) in lawful money of
.the United States of America on the fifteenth day of
November, 19 with interest thereon from date hereof
(INSERT INTEREST RATES AS SET OUT IN SECTION 3 OF
THIS BOND ORDINANCE)
Said interest shall be payable on November 15, 1975
and semi - annually thereafter on the fifteenth day of May and
November of each year, on presentation and surrender of the
interest coupons hereto attached as they severally become due.
Both the principal hereof and the interest hereon are payable
at the office of the Treasurer of Washington County, in
Blair, Nebraska.
(Insert in Bond Nos. 15 to 60, inclusive: This bond
may be redeemed at the option of the City of Blair, Nebraska,
at any time on or after November 15, 1979 at par and accrued
interest to the date fixed for redemption. If less than all
of the bonds of this issue are redeemed at any time they shall
be redeemed in the inverse order of their serial numbers.)
THIS BOND is one of an issue of 60 bonds numbered
from 1 to 60, inclusive, In denominations of $5,000 each in
principal amount, of the total principal amount of Three
Hundred Thousand Dollars ($300,000), of even date and like
tenor herewith, except as to number, rate of interest, maturity
and option provision, issued by the City of Blair, Nebraska,
for the purpose of paying the cost of constructing and equipping
a sewer treatment plant and outfall sewer system for said City,
under the authority of and in compliance with the Statutes
of theState of Nebraska, including Sections 18 -501 to 18 -504
and 18- 506.01 of the Reissue Revised Statutes of Nebraska, 1943,
and all other laws applicable thereto and pursuant to an ordinance
duly passed and approved and proceedings duly had by the Mayor
andCouncil of said City.
THIS BOND and the interest hereon are payable solely
from the revenue and earnings derived from the sewer system
of the City of Blair, Nebraska, including all improvements
and betterments thereof, and not from any other fund or source.
Under the Ordinance of said City authorizing this bond and the
series of which it is a part, the revenues and earnings derived
from and to be derived from the operation of the City's sewer
system, including the revenue of all improvements and better-
ments of said system will be deposited in a separate fund
designated as the "Sewer Revenue Fund" of said City, which
said fund shall be used only in paying the reasonable expenses
of operating, maintaining and repairing the City's sewer
system, paying the principal of and interest on the bonds
of said City that are issued under the authority of the
3338
Statutes of the State of Nebraska, and ordinances of said
City and which are payable by their terms from the revenue
of said sewer system, making repairs, replacements, improve-
ments or betterments of said sewer system, including the
purchase and acquisition of any equipment or other property
necessary therefor, establishing reasonable reserves for
t `e purposes aforesaid, and otherwise as specified in said
O dinance. This bond does not constitute a general obliga-
tion of said City nor an indebtedness of said City within
any consitutional or statutory limitation.
THE CITY OF BLAIR, NEBRASKA, hereby covenants with
the holder of this bond to keep and perform all covenants
and agreements contained in the ordinance of said City
authorizing the series of Sewer Revenue Bonds, Series
1974, of said City of which this bond is a part, and said
City will fix, establish, maintain and collect fees and
charges for the use of or services rendered by its sewer
system, including all improvements and betterments thereof,
which fees or charges will be sufficient to pay the cost
of operating, maintaining and repairing said sewer system,
to pay the principal of and interest on this bond and on the
:series of which this bond is a part, and the principal of
and interest on any other sewer revenue bonds of said City
hereafter issued in accordance with the provisions of said
ordinance and payable from said revenues and to provide
adequate reserves therefor. In accordance with the provi-
sions of Sections 18 -501 to 18 -504 and 18- 506.01, Reissue
Revised Statutes of Nebraska, 1943, this bond and the series
of which it is a part, shall be a lien upon the revenue and
earnings of the City's sewer system, and for the payment
of the principal of and interest on said bonds, including .
this bond, the revenue and earnings of the city's sewer
system are hereby irrevocably pledged. This bond and the
series of which it is a part have been authorized and issued
under the provisions of an ordinance of the City duly
passed to which ordinance reference is made for a description
of the covenants of the City with respect to the collection,
segregation and application of the revenue of the sewer
system of the City, the nature and extent of the security
for such bonds, the rights, duties and obligations of the
City with respect thereto, and the rights of the, holders
of such bonds. Under the terms of said ordinance, the City,
has the right to issue additional parity bonds payable
from the same source and secured by the same revenue as
this bond and the series of which it is a part, provided,
however, such additional bonds may be so issued only in
accordance with and subject to the covenants, conditions
and restrictions relating thereto set forth in said ordinance.
The ordinance authorizing the issuance of this bond and the
other bonds of this issue constitutes a contract between
the City and the holders of said bonds.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that
all acts, conditions and things required to exist, happen
and be performed precedent to and in the issuance of this
bond and the series of which this bond is a part, in order
to make the same legal and binding obligations of this
Cty'according to the terms thereof, do exist, havehappened,
and have been performed in due time, form and manner as -- 1
required by law, and that provision has been made for the
collection and segregation of the revenue of the City's
sewer system, for the application of the same as hereinbefore
provided.
IN WITNESS WHEREOF, the City of Blair, Nebraska,
by its Mayor and Council, has caused this bond to . be signed
by its Mayor, its corporate seal to be hereto affixed and
,attested by its City Clerk, and the coupons hereto attached
to be signed by the facsimile signatures of said Mayor and
City Clerk, which said facsimile signatures on said interest
coupons said officials by the execution of this bond do
adopt as and for their own proper signatures.
DATED this fifteenth day of November, 1974.
CITY OF BLAIR, NEBRASKA
ATTEST:.
L. W. Svendgaard City Clerk . .
(SEAL)
NO.'
3339
Alfred 0. Sick, Mayor
(FORM <OF COUPON)
City Clerk ' ' Mayor
On the fifteenth day of. November (May) , 19 ' , (unless
the bond to which this coupon pertains has theretofore been
called for payment and payment made or provided for) • the
City of Blair, Nebraska, will pay to bearer solely from the
revenue and earnings of the Cityss sewer system, the sum of
Dollars ($
in lawful money of the United States of America at the office
of the County Treasurer of Washington County, Nebraska,
in the City of Blair, Nebraska, being interest then due on
its Sewer Revenue Bond, Series of 1974, dated November 15,
19741 No.
3340
SECTION 6. After being executed by the officers
of this. City as hereinbefore provided, said bonds shall be
turned over to the Treasurer of the City who shall be
responsible therefor under his official bond, and he shall
cause said bonds to be registered in the office of the
County Clerk of Washington County, and in the office of the
Auditor of Public Accounts of the State of Nebraska. The
.City Clerk shall make and certify in duplicate a complete
transcript of the proceedings had and done by said City
precedent to the issuance of said bonds, one of which
transcripts shall be filed in the office of the Auditor of
Public Accounts of the State of Nebraska and the other
shall be delivered to the purchaser of said bonds. The
City Treasurer is authorized and directed to deliver said
bonds to the purchaser thereof upon receipt of payment of
the purchase price in accordance with the contract of the
City with said purchaser.
SECTION 7. The City hereby covenants and agrees
with the holder or holders of any of said bonds that it
will establish and maintain and collect just and equitable
fees and charges for the use of the sewer system of the
City, including all extensions, additions, improvements
and betterments thereof, by each person, firm or corporation
whose premises are served thereby, and which fees and charges
shall be at all times sufficient to provide for the
maintenance, operation and repair of said system and
for the payment of interest on and principal of the bonds
issued hereunder as the same become due and for the estab-
lishing and maintaining of the Bond and Interest Reserve
Account as described in Section 9 hereof; and that it will
punctually perform all duties with reference to said Sewer
Revenue Bonds required by the Constitution and laws of the
State of Nebraska and this Ordinance including the making
and collecting of sufficient charges for the use of said
system, depositing the revenues thereof in the "Sewer Revenue
Fund" as hereinafter provided and segregating the revenues
so deposited into the respective accounts hereinafter
created by this Ordinance.
SECTION 8. The City hereby pledges and hypo -
thecates the revenues and earnings derived from and to be
derived from the operation of its'sewer system, including
the sewer treatment plant and outfall sewer as described
in Section 1 and any additions and improvements to said sewer
system, for the payment of said bonds, both principal and
interest. From and after the issuance of the bonds herein
authorized, the City's sewer system shall be operated on
the basis of a fiscal year (the fiscal year for the purpose
of this ordinance being the twelve months period ca ►unencing
on August 1st of each year and ending on July 31st of the
following year) and all revenues and earnings of every
nature received through the operation of the system shall
be deposited from day to day as collected in a separate
bank account and shall be credited to a special account
to be designated as the "Sewer Revenue Fund".
SECTION 9. There are hereby established separate
accounts in the "Sewer Revenue Fund" to be designated
severally the "Operation and Maintenance Account", the
"Bond and Interest Payment Account", the "Bond and Interest
Reserve Account" and the "Surplus Account", into which
there shall be credited in the order in which said accounts
3341
are hereinafter mentioned on the first business day of
each month after the date of the bonds all the moneys held
in said Sewer Revenue Fund in accordance with the following
provisions:
A. Operation and Maintenance'Account.
There shall first be credited to the Operation
and Maintenance Account an amount sufficient
to pay the estimated cost of operating, main -
taining and repairing the City's sewer system
during the ensuing month. All amounts credited
to said account shall be used and expended by
the City for the sole purpose of paying the
reasonable and proper expenses of operating
and maintaining said sewer system and keeping,
the same in good repair and working order and,
without limiting the foregoing, such expenses
shall include salaries, wages, costs of mater-
ials and supplies, insurance, and provisions
for employee's benefit plans, if any. No money
in said Account shall be used for the purpose
of enlarging or extending said sewer system. If
the City in its discretion determines to levy
taxes as described in Section 18-501 Reissue
Revised Statutes of Nebraska, 1943, the City
may allocate a portion of the proceeds of said
levy to the payment of the cost of operating,
maintaining and repairing the City's sewer
system. The amount to be deposited into the
Operation and Maintenance Account may be re-
duced to the extent that such proceeds are so
allocated.'
B. Bond and Interest Payment Account.
There shall next be credited to the Bond and
Interest Payment Account for each month, start-
ing with December, 1974, an amount not less
than 1 /12th of the amount of interest that will
become due on the bonds on November 15, 1975;
for all months after November, 1975, there shall
be credited to said Account an amount not less
than 1 /6th of the amount of interest that will
become due on the bonds on the next succeeding
interest payment date; for each month starting
with December, 1974, there shall also be credited
to said Account an amount not less than 1/12th
of the amount of principal that will become due
on the bonds on the next succeeding bond matur-
ity date; provided, however, no deposits need
be made to said Account when it contains suffi-
cient funds to cover the next principal and
interest payments, coming due, but deposits shall
commence again after the funds have been expen-
ded for principal and interest. All amounts
credited to said Account shall be expended and
used by the City for the sole purpose of paying,
when due, the principal of and interest on the
bonds herein authorized. The City Treasurer is
hereby directed without further authorization
to pay to the County Treasurer of Washington
County the funds necessary for principal and
interest payments, at least 10 days before such
principal or interest payments come due.
3342
C. Bond and Interest Reserve Account.
There shall next be credited to the Bond and
Interest• Reserve Account $933.33 per month
until there is accumulated in said Account an
amount not less than $33,600.00. When this
minimum amount has been accumulated in the Bond
and Interest Reserve Account, no further pay-
ments need be made to said Account. Whenever
the total amount accumulated in said Account
shall fall , below '$33,600.00, the monthly
credit in the amount of $933.33 shall be
made until said minimum amount is again accumu-
lated. All amounts credited to said Account
shall be expended and used by the City solely
to prevent any default in payment of the prin-
cipal of or interest on the bonds herein author-
ized if the moneys in the Bond and Interest
Payment Account are not sufficient to pay said
principal and interest as the same become due.
No part of the Bond and Interest Reserve Account
shall be used or expended by the City to call
any of said Bonds for payment prior to their
ultimate maturity unless all bonds herein'au-
thorized are being redeemed and paid off at that
time.
D.Surplus. Account.
'After making all credits and payments to the Accounts
as set out in A, B and C above, all remaining moneys
in the Sewer Revenue Fund shall be credited to the
Surplus Account. Moneys in the Surplus Account
shall be used solely for the following purposes:
(1) To pay any deficiency or to increase the
amounts in said Accounts set out in A, B and
C in this Section. ,
(2) To make extensionp, enlargements, improvements
or betterments of the City's sewer system.
(3) To redeem or purchase prior to maturity the
bonds authorized under this ordinance and
any bonds'so redeemed or purchased shall be
cancelled and not reissued.
(4) To pay principal of or interest on any Sewer
Revenue Bonds or notes subordinate to the
Series of 1974 . Bonds, the proceeds of which
subordinate bonds or notes have been used
for the purposes permitted by (2) above.
SECTION 10. The money in the Accounts as set up
by subsections 9 C and '9 D, above, at the discretion of the
City Council of Blair, Nebraska may be invested in interest
beating securities of the United States Government or de-
posited in banks to the extent such deposits are insured
by the F.D.I.C. and the income derived therefrom shall be
deposited to the respective accounts.
SECTION 11. The City of Blair, Nebraska, covenants
with each of the purchasers and owners of the Sewer Revenue
Bonds, Series of 1974, authorized under this ordinance, so
long as any of said bonds remain outstanding and unpaid,
as follows :
(a)
(b)
(c)
3343
The City will operate its sewer system in an
efficient manner and at a reasonable cost and
will maintain the same in good repair and
working order. In . such operation the City will
require the prompt payment of all charges for
sewer service.
Service by the City's sewer system will not be
furnished to any user (except the City) with-
out a reasonable charge being made therefor. In
the event that the revenues derived from the
operation of said system shall be insufficient
to pay the reasonable expenses of operation and
maintenance of said system and to pay the prin-
cipal of and interest on the Sewer Revenue
Bonds as and when the same become due the City
will thereafter pay to the Sewer Revenue Fund
heretofore established a fair and reasonable
payment for all sewer service furnished the
City or any of its departments and such pay-
ments will continue so long as the same may be
necessary in order to prevent any default in
the payment of principal or interest on said
bonds or as long as any default in such pay-
ments shall exist.
The City will not mortgage, pledge or otherwise
encumber said sewer system nor lease or other-
wise dispose of said system or any substantial
part thereof; provided, however, the City may
dispose of any property which may become obso-
lete, nonproductive or otherwise unusable by
the City. Any cash proceeds received from the
sale of such property shall become a part of
the Sewer Revenue Fund.
(d) The City will carry the customary and usual
insurance with reputable insurance carriers on
said sewer system, particularly upon the sewer
treatment plant and outfall sewer, in the amount
normally carried by private utilities engaged in
a similar business. In event of loss, the pro -
ceeds of such insurance shall be used in repair-
ing, reconstructing or replacing the property
damaged or destroyed and any surplus shall be
paid into the Sewer Revenue Fund. The cost of
the insurance herein required shall be paid as
an operating cost out of the revenues from the
sewer system. Such insurance shall include but
not necessarily be limited to Workman's Compen-
sation, Public Liability, Tornado and Fire Insur-
ance.
(e) The City Treasurer and any other city employee
having custody of funds or accounts under this
ordinance shall be bonded, in addition to their
regular official bonds, in amounts sufficient to
cover at all times the sewer system funds held
by them.
SECTION 12. It is hereby covenanted and agreed that
while any sewer revenue bonds issued hereunder are outstanding
the City will not grant any franchise or right to any person,
firm or corporation to own or operate a sewer system in compe-
tition with that owned by the City.
3344
SECTION 13. The City hereby covenants and agrees that,
so long as any of the bonds herein authorized remain outstanding
and unpaid, the City will notissue any additional bonds or
other obligations payable out of the revenues from its sewer
system, or any part thereof, which are superior to the bonds
herein authorized. The City however, shall have the right to
issue, additional Sewer Revenue Bonds on a parity or equality
with the bonds herein authorized provided the following conditions
are met.:
(a)
The City shall not be in default in making any
payments at the time required to be made by it
into any of the funds or accounts created by
this ordinance or required by law.
(b) The net revenues derived by the City from its
sewer system for the fiscal year next preceding
the issuance of the additional bonds shall have
been equal to the larger of (a) One and one -
third times the maximum annual amount required
in any succeeding 12 -month period to pay prin-
cipal and interest coming due on the Sewer
Revenue Bonds of the City, then outstanding,
and the Sewer Revenue Bonds proposed to be
issued, or (b) two times the maximum interest
payable in any succeeding 12 -month period on the
Sewer Revenue Bonds of the City, then outstanding,
and the Sewer Revenue Bonds proposed to be issued.
Net revenues as used in this section shall be
defined as gross revenues less the reasonable
expenses of operation, maintenance and repairs
of such system and before any other payments
or charges, all as shown by audit of 'a certified
public accountant.
(c)
The minimum amount to be in the Bond Reserve
Account shall be increased to an amount equal
to the maximum debt service requirement in
any succeeding fiscal year on the Sewer
Revenue Bonds of the City, then outstanding,
and the Sewer Revenue Bonds proposed to be
issued.
(d) The additional bonds must be payable serially
with the principal and interest amortized
over a period not shorter than the remaining
life of any of the then outstanding bonds.
Additional Sewer Revenue Bonds of the City issued in con -
formity with the conditions above set forth shall stand on
a parity with the bonds herein authorized and the City may
make equal provisions for the payment` of said bonds and the
interest thereon out of the Sewer Revenue Fund and may like-
wise provide for the creation of additional reasonable
reserves.
SECTION 14. The City is hereby authorized and
directed to keep proper books, records and accounts (separate
from all other records and accounts) in which complete and
correct entries shall be made of all transactions relating
to the said sewer system. The City of Blair, Nebraska,
further agrees that it will.. within 60 days following the
close of each fiscal year cause an audit of the books and
I�1lM' 1.. 11
I 16IIIIN fl
M4 s . 1 . IIR ` S'llYll III
3345
records of its sewer system to be made by a certified public
accountant showing receipts and disbursements for all
accounts of the system and such audit will be furnished to
the purchaser of these bonds, and, upon request, to any
holder of 25% or more of the bonds of this issue within 90
days after the close of the fiscal year, and will be available
for inspection by the holders of any of said bonds. Each
such audit, in addition to'whatever matters may be thought
proper by the accountant to be included therein, shall
include the following:
(1) The amount of money collected for use fees.
(2) The amount, if any, of money remaining uncollected.
(3) The Accountant's comment regarding the manner
in which the City has carried out the
requirements of this Ordinance and the
Accountant's recommendation for any changes
or improvements in the operation of the system.
(4) A list of the insurance policies (including
bonds) in force at the end of each fiscal
year, setting out for each policy the amount
of the policy, the risks covered, the name
of the insurer and the expiration date of
the policy.
(5) The number of customers, the class of
customers, and the total revenues per class
of customers of the City's sewer system.
(6) The quantity of sewer waste handled per
month.
Any holder or holders of 25% or more in aggregate
principal amount of the bonds then outstanding shall have the
right at all reasonable times to inspect the plant and
improvements hereunder contemplated and all records, accounts
and data of the City relating thereto.
SECTION 15. The City covenants and agrees that
in the event that default shall be made by it in the payment
of the principal of or interest on any of the bonds herein
authorized after such principal or interest shall become due,
or in the event default shall be made by it in the payment
of any of the bonds herein authorized when such bonds shall
be called for redemption and payment, or in the event default
shall be made by the City in the performance of any other
covenant or agreement made by it contained herein and such
default shall continue for a period of thirty (30) days, then
at any time thereafter and while such default shall continue,
the holders of 51% or more in amount of the bonds herein
authorized then outstanding may, by written notice to the City
filed in the office of the City Clerk, declare the principal
of all the bonds herein authorized then outstanding to be due
and payable immediately, and upon any such declaration given
as aforesaid, all of said bonds shall become and be immediately
due and payable, anything in this ordinance or in said
bonds contained to the contrary notwithstanding. This
provision, however, is subject to the condition that if at
any time after the principal of said bonds shall have been
so declared to be due and payable, all arrears of interest
upon all of said outstanding bonds, except interest accrued
but not yet due on such bonds, and all arrears of principal
upon all of said bonds shall have been paid in full, and all
other defaults, if any, by the City under provisions of this
ordinance and under the statutes of the State of Nebraska,
shall have been cured, then and in every such case, the holders
of a majority in amount of the bonds herein authorized then
outstanding, by written notice to the City given as herein -
before specified, may rescind and annul such declaration and
3346
its' consequences, but no such rescission or annulment shall
extend to or affect any subsequent default or impair any
rights consequent thereon.
SECTION 16. The provisions of this ordinance,
including the covenants and agreements hereinbefore contained,
shall constitute a contract by and between the City and the
holders of the bonds herein authorized and the holder of any
one or more of the bonds shall have the right, for the equal
benefit and protection of all holders of bonds similarly
situated to take any action permitted bylaw to enforce the
provisions of this ordinance and the collection of the out-
standing bonds.
Nothing in this ordinance, however, shall be construed
as imposing on the City any `duty or obligation to levy any
taxes either to meet any obligation . incurred herein or to pay
the principal of or interest on the bonds herein authorized.
t
No remedy conferred hereby upon any holder of the
bonds herein authorized is intended to be exclusive of any
other remedy, but each such remedy is cumulative and in a -
tion to every other remedy and may be exercised without ex-
hausting and without regard to any other remedy conferred here-
by:_ No waiver of any default or breach of duty or contract by
the holder of any bond shall extend to or affect any subsequent
default or breach of duty or contract or shall impair any rights
or remedies thereon. No delay or omission of the holder to
exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a
waiver of any such default or an acquiescense therein. Every
substantive right and every remedy conferred upon the holders
of the bonds may be enforced and exercised from time to time
and -as -often as may be deemed expedient. In case any suit,
action or proceeding to enforce any right or exercise any
remedy shall be brought or taken and then discontinued or
abandoned, or shall be determined adversely to the holders
of the bonds, then, and in every such case, the City and the
holders of the bonds shall be restored to their former posi-
tions and rights and remedies as if no such suit, action
or other proceeding had been brought or taken.
SECTION 17. The provisions of the bonds authorized
by this ordinance and the provisions of this ordinance may be
modified or amended at any time by the City by ordinance duly
, passed and adopted by its governing body and consented to or
approved in writing by the holders of not less than 75% in
aggregate principal amount of the bonds herein authorized at
the time outstanding; provided, however, that no such modifica-
tion or amendment shall permit or be construed as permitting
(a) the extension of the maturity of the principal of any of
the bonds herein authorized or the extension of the maturity
of any interest on any bonds herein authorized, or (b) a re-
duction in the principal amount of any bond or the rate of
interest thereon, or (c) the creation of any lien upon or a
pledge of the revenues derived and to be derived by the City
from the operation of its sewer system other than any lien
and pledge herein provided for, or (d) a reduction in
the aggregate principal amount' of. bonds and consent of the
holders of which is required for any such amendment ono::
modification . Any provision of the bonds or of this ordinance
may, however, be modified or amended in any respect with the
written consent of the holders of all of the bonds then out-
standing. Every amendment or modification of a provision of
theLbonds or of this ordinance to which the written consent of
the bondholders is given as above provided shall be expressed
in an .ordinance of the City amending or supplementing the
iY IYYlA.6i'64e4'�lYS' siI I I WII, luiu iJ IG.
I 1111 11 IIIIIII , -
ATTEST:
3347
provisions of this ordinance and shall be deemed to be a part
of this ordinance. It shall not be necessary to note on any
of the outstanding bonds any reference to such amendment or
modification, if any. A certified copy of each such amendatory
or supplemental ordinance, if any, and a. certified copy of
this ordinance shall always be kept on file in the office of
the City Clerk and shall be made available for inspection by
the holder of any bond or prospective purchaser or holder of
any bond authorized by this ordinance, and upon payment of the
reasonable cost of preparing the same, a certified copy of
any such amendatory or supplemental ordinance or of this
ordinance will be sent by the City Clerk to any such bond-
holder or prospective "bondholder
L. W. Svendgaard, City. Clerk
(Seal)
SECTION 18. The City hereby covenants with the
holders of the Series of 1974 Bonds that the City does not
intend or expect that all or a major portion of the proceeds
of sale of the Series of 1974 Bonds will be used directly or
indirectly to acquire securities or obligations which may be
expected to produce a yield over the term of the Series of
1974 Bonds which is materially higher than the interest payable
on the Series of 1974 Bonds, or to replace funds used, directly
or indirectly, to acquire such securities or obligations,
except as may be permitted by Section 103 (d) of the Internal
Revenue Code of 1954, as amended, or regulations thereunder.
The City further covenants to take all action or do all things,
including, investment of the bond proceeds or reserves held
under this ordinance, necessary to prevent the Series of 1974
Bonds from being deemed "arbitrage bonds" within the meaning
of Section 103(d) of the Internal Revenue Code of 1954, as
amended, and all applicable regulations thereunder throughout
. the term of this bond issue.
SECTION 19. If any section or sections or parts
of any section or sections of this Ordinance are for any reason
held to be invalid or unconstitutional, the validity of the
remainder of said ordinance shall not be affected thereby.
SECTION - 20. • All ordinances, resolutions, or orders,
or parts thereof, in conflict with the provisions of this
ordinance are t� 'the extent, of such conflict hereby i•' epealed.
•
SECTION 21. This Ordinance shall be. "in full force
and effect from and after its passage, approval-and publication
as provided by_aaw.
PASSED AND APPROVED THIS 12th day of November, 1974.
Alfred 0. Sick, Mayor
3357
OPENING
Blair, Nebraska
September 10, 1974
The Mayor and Council of the City of Blair, Wash-
ington County, Nebraska, met in regular session in the
Council Chambers at 7:30 o'clock, P.M. Mayor Sick presided
at the meeting and City Clerk L. W. Svendgaard recorded
the proceedings of the meeting.
ROLL CALL
The Mayor directed the Clerk to call the roll,
and on roll call Councilmen Allen, Ellis, George, Jenny,
Jensen, Neef, Pounds, and Rennerfeldt were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
It was moved by Councilman Rennerfeldt and
seconded by Councilman Jenny that the minutes of the
proceedings of the Mayor and Council in the matter of the
passage and approval of Ordinance No. 1131 be preserved
and kept in a separate and distinct volume known as the
Ordinance Record of the City of Blair, Nebraska, and that
said volume be incorporated in and made a part of these
proceedings the same as though spread at large therein.
Councilman Allen put the question. The Mayor put the
question and directed the Clerk to call the roll for the
roje thereon.
Yeas: Allen, Ellis, George, Jenny, Jensen, Neef, Pounds,
Rennerfeldt.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1131
Introduction of Ordinance No. 1131 of the City
of Blair, Nebraska, and the matter now coming before the
Mayor andCouncil was the passage and approval of Ordinance
No 1131 of the City of Blair, Nebraska. This Ordinance
No. 1131 was introduced by Councilman Jensen and is in
words and figures as follows:
ORDINANCE NO. 1131
AN ORDINANCE AMENDING ORDINANCE NO. 1064 OF THE CITY OF
BLAIR BY REZONING. CERTAIN PROPERTY DESCRIBED HEREINBELOW;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL
BE IN FORCE AND EFFECT.
WHEREAS, the owners of real estate • described
as Tax Lot Eleven (11) in Section Twenty -Seven (27) ,
Township Eighteen (18) North, Range Eleven (11), East
of the Sixth Principal. Meridian in Washington County,
Nebraska, have filed an application requesting that said
property be changed from the current zoning classification
of A Agricultural to LI Light Industrial, and,
1974.
ATTEST:
3358
WHEREAS, the Blair City Planning Commission
has recommended the acceptance of said proposal, and,
WHEREAS, the Mayor and City Council of the City
of Blair have held a public hearing to consider said
matter, notice of said hearing having been given by
publication . in the official newspaper of the City at
least ten (10) days prior thereto.
NOW THEREFORE BE. IT ORDAINED BY THE MAYOR AND,
• CITY COUNCIL OF THE CITY OF BLAIR:
SECTION 1. That the zoning classification of
the following described real estate, to -wit: Tax Lot
Eleven (11) in Section Twenty -Seven (27) , Township
Eighteen , (18) North, Range Eleven (11) , ' East of the Sixth
Principal Meridian in Washington County, Nebraska, be
changed from A Agricultural to LI Light Industrial and
Ordinance No. 1064 and the zoning map of the City of Blair
are hereby amended to include said change.
SECTION 2. The City Clerk is hereby authorized
and directed to cause a certified copy of this ordinance
to be filed with the County Clerk of Washington County,
Nebraska.
SECTION 3.. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in force
and take full effect from and after its passage, approval
and publication, as provided by law.
Passed and approved this 10th day of September,
L. W. Svendgaard, City Clerk
(Seal)
FIRST READING
Alfred O. Sick, Mayor
The Mayor directed the Clerk to read by title
Ordinance No. 1131, of the City of Blair, Nebraska. The
Clerk thereupon read the aforesaid Ordinance No. 1131 by
title upon its first reading.
Whereupon Councilman Rennerfeldt moved that
Ordinance No. 1131 be approved on its first reading and
its title agreed to. Councilman Jenny seconded the motion
and Councilman Allen called for the question. The Mayor
put the question and directed the Clerk to . call the roll
for the vote thereon: