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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: