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19763539 OPENING Blair, Nebraska January 13, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, 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 Pounds and seconded by Cquiaeilman S. Jensen that the minutes of the proceedings of ,the Mayor and Council in the matter of the passage and approval of Ordinance No. 1163 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 D. Jensen called for the question. The ;Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1163 Introduction of Ordinance No. 1163 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1163 of the City of Blair, Nebraska. This Ordinance No. 1163 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 116E AN ORDINANCE AMENDING SECTIONS 6 -104 AND 6 -115 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR AND ADDING SECTIONS 6 -119 AND 6 -211 TO THE MUNICIPAL CODE OF THE CITY OF BLAIRi ALL DEALING WITH ANIMAL CONTROL WITHIN THE CITY OF BLAIR; REPEALING ALL ORDI- NANCES 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 Section No. 6 -104 of the Municipal Code of the City of Blair is hereby amended to read as follows: TT6 -104 DOGS; OWNER DEFINED. Any person who shall harbor or permit any dog to be for ten (10) days or more in or about his or her house, store, or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such dog and shall III 41 1 1 ,,41 354.0 be deemed to be liable for all penalties herein prescribed. No person shall allow any stray dog to remain or to be lodged or fed within his house, store, yard, enclosure, or place, but shall turn such dog over to the municipal police, or their authorized agent, for a period of 48 hours, after which time it shall be handled the same as an impounded dog as provided hereunder," (Ref. 54 -6Q6, 71 -4401 RS Nebr.) SECTION 2. That Section No. 6 -115 of the Municipal Code of the City of Blair is hereby amended to read as follows: "6 -115 DOGS; IMPOUNDING. It shall be the duty of the municipal police or their authorized agent, to capture, secure and remove in a humane manner to the Municipal Animal Shelter, or to a designated: animal shelter located, within or out of the city limits, any dog violating any a 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. Each impounded dog shall be kept and maintained at the pound for a period of not less than forty -eight (48) hours unless reclaimed earlier by the owner. , Notice of impound - ment of all animals, including any significant marks or identi- fications, shall be posted at the office of the City Clerk as public notification of such impoundment.., Anyldog may be reclaimed by its owner during the period of impoundment by payment of ten ($10.00) dollars as a general impoundment 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 forty -eight (48) hours, the municipal police, or their authorized agent, may dispose of the dog or destroy in any humane manner within the discretion of the municipal police or their authorized agent; provided, that if, in the judgment of the municipal police, or their authorized agent, a suitable home can be found for any such dog, 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, or its authorized agent, shall acquire legal title to any dog impounded in the Animal Shelter after forty -eight (48) hours. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health." (Ref. 16 -236, 71 -4408 RS Neb.) (Amended by Ord. No. 1130, 1/14/75). SECTION 3. There is hereby added to the City Municipal Code the following section, to -wit: TT6 -119. APPOINTMENT OF HUMANE OFFICER; CONTRACT WITH HUMANE SOCIETY. The City of Blair shall appoint an animal control officer and it shall be lawful for the City of Blair to enter into a contract with any humane society or other like institution for the purposes of carrying out the provisions of this chapter." SECTION 4. There is hereby added to the, City Municipal Code the following section, to -wit: "6.211. ANIMALS: IMPOtNDING. It shall be the duty of the municipal police or its authorized agent to capture, secure and remove in a humane manner to the municipal animal shelter or to a designated animal shelter located within or out of the city limits any animal violating any of the provisions of this article. The animal or . animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded animal shall be kept and maintained at the pound for not less than -eight (48) hours unless reclaimed earlier by the. owner. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the City Clerk as public notification of such impoundment. Any 14, AM Ilk. BI IY 4.1 11 .. I Attest; L. W. Svendgaard,.City Clerk (Seal) . 3541 animal may be reclaimed by its owner during the period of impoundment by payment of ten ($10.00) dollars as a' general impoundment fee. If the animal is not claimed at the end of forty -eight (48) hours, the municipal police or its authorized agent may dispose of the animal or destroy the animal in any humane manner within the discretion of the municipal police or authorized agent; provided, that if in the judgment of the municipal police or its authorized agent, a suitable place can be found for any such animal, the said animal shall be turned over to that person and the new owner shall then be 'required to pay any fees and meet all licensing and vaccinating requirements, if any, provided in this article. The munici- pality, or its authorized agent, shall . acquire legal title to any animal impounded in the animal shelter after forty- eight (48) hours. All animals destroyed shall be buried in the summary and humane manner as prescribed by the Board of Health." 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 13th day of January, 1976. FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1163 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1163 by title .upon its first reading. Whereupon Councilman Pounds moved that Ordinance No. 1163 be approved on its first reading and its title agreed to. Councilman S. Jensen seconded the motion and Councilman D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1163 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 i 3545 OPENING ROLL CALL ORDER OF BUSINESS ORDINANCE NO. 1164 Blair, Nebraska January 13, 1976 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.' The Mayor directed the Clerk to call, the roll, and .on roll call Councilmen Ellis, Jenny, D.'Jensen, S. Jensen, Long, Neef, Pounds, and Rennerfeldt were present. Whereupon the Mayor announced that the introduction . of ordinances was now in order. It was moved by Councilman Jenny and seconded by Councilman D. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1164 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 Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. Introduction of Ordinance No. 1164 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1164 of the City of Blair, Nebraska. This Ordinance No. 1164 was introduced by Councilman Pounds and is in words and figures as follows: ORDINANCE NO. 1164 N ORDINANCE FIXING THE DATE OF MUNICIPAL ELECTIONS IN THE CITY aF BLAIR, NEBRASKA, AND THE PROVISIONS THEREFORE; 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 City of Blair, Nebraska, shall hold its primary municipal election for the year 1976 and all succeeding municipal primary elections on the date of the statewide primary election for the State of Nebraska in con- , junction with Washington County, Nebraska. Such election shall be held in accordance with the provisions of Chapter 32 RRS Nebr. 1943 as amended. IW1111. . 11 111 Iii, 11111 1 11 Y m3Yi le Attest: 3546 SECTION 2. The City of Blair shall hold its municipal general election for the year 1976 and all succeeding municipal general elections on the date of the statewide general election for the State of Nebraska in conjunction with 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 13th day of January, 1976. L. W. Svendgaard, City Clerk (Seal) FIRST READING Alfred O. Siek, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1164 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1164 by title upon its first reading. Whereupon Councilman Jenny moved that Ordinance No. 1164 be approved on its first reading and its title agreed to. Councilman D. Jensen seconded the motion and Councilman Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas : - Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1164 approved on its first reading and its title agreed to. SUSPENSION OF RULES 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 J ise . and Councilman Nevf' called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: • Carried. 3550 OPENING Blair, Nebraska February 10, 1976 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. President of the Council Pounds 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 Ellis, Jenny, S. Jensen, Long, Pounds and Rennerfeldt were present. Councilmen D. Jensen and Neef were 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 Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1165 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: D. Jensen, Neef. Motion: Carried. ORDINANCE NO. 1165 Introduction of Ordinance No. 1165 of the City of Blair, Nebraska, and the matter now coming before the Mayor and .Council was the passage and approval of Ordinance No. 1165 of the City of Blair, Nebraska. This Ordinance No. 1165 was introduced by Councilman Ellis and is in words and figures as follows: ORDINANCE NO. 1165 AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 130 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: On Twenty - Seventh Street from the South line of Larsen Heights Addition North to the North line of Larsen Heights Addition; On Larsen Drive from the West line of Larsen Heights Addition East to the East line of Larsen Heights Addition; Attest: L. W. Svendgaard, City Clerk (Seal) 3551 On Twenty -Sixth Avenue from the South line of Larsen Heights Addition North to the North line of Larsen Heights Addition; and on Northgate Street from its intersection with Twenty -Sixth Avenue East to its intersection with Twenty -Fifth Avenue, all in the City of Blair, Washington County, Nebraska, by paving the same, said petition therefor having been presented and filed with the City Clerk, there is hereby crested Street Improvement District No. 130 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 according 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. 130 and subject to special assessments 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 improved, to -wit: Tax Lot Fifty - Four (54) in Section Three (3) , Township Eighteen (18) North, Range Eleven (11), East of the Sixth Principal Meridian in Washington County, Nebraska; Lot One (1) in Block One (1) , Lots One (1) through Four (4) inclusive, in Block Two (2) , Lots One (1) through Five (5) inclusive, in Block Three (3), Lots One (1) through Sixteen (16) inclusive, in Block Four (4) , Lots One (1) through Ten (10) inclusive,. in .Block Five (5) , Lot One (1) in Block Six (6) , and Lots One (1) and Two (2) in Block Seven (7), all in Larsen HeightSsSubdivision in the City of Blair, Washington County, Nebraska; and Lots Four (4) and Six (6) in Larsen & Jipp Second 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 propor- tion 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 publication as provided by law. Passed and approved this 10th day of February, 1976. James D. Pounds, President of the Council Acting Mayor 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. President of the Council Pounds 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 Ellis, Jenny, S. Jensen, Long, Pounds, and Rennerfeldt were present. Councilmen D. Jensen and Neef were absent. ' Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Rennerfeldt .and _ seconded Councilman ]enmy that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1166 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 Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: D. Jensen, Neef. Motion: Carried. Introduction of Ordinance No. 1166 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1166 of the City of Blair, Nebraska. This Ordinance No. 1166 was introduced. by Councilman Ellis and is in words and figures as follows: AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; AND PROVIDING PENALTIES FOR VIOLATIONS 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: Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: 3555 OPENING ROLL CALL ORDER OF BUSINESS ORDINANCE NO. 1166 ORDINANCE NO. 1166 ARTICLE I• Blair, Nebraska February 10, 1976 3556 Section 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in mil- ligrams per liter. Section 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Section 3. "Building Sewer" shall mean the xtension from the building drain to the public sewer or other place of disposal. Section 4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage. Section 5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Section 6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Section 7. "Natural Outlet" shall mean any outlet into a water-course, pond, ditch, lake, or other body of surface or groundwater. Section 8.. "Person" shall mean any individual, firm, company, association, society, corporation, or group. Section 9. "0" shall mean the logarithm of the reci- procal of the weight of hydrogen ions in grams per liter of solution. Section 10. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions nor- mally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. Section 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. Section 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Section 13. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. 3657 Section 14, "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. Section 15. "Sewage Works", shall mean all facilities for collecting, pumping, treating and disposing of sewage. Section 16,, "Sewer" shall mean a pipe or conduit for carrying sewage. Section 17. "Shall" is mandatory; "May" is ;permissive. Section 18. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concen- tration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty -four (24) hour concentration or flows during normal operation. Section 19. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Section 20. "Superintendent" shall mean the Utilities Commissioner of the City of Blair, or his authorized deputy agent, or representative. Section 21. "Suspended Solids" shall mean solids that either float on the surface of, or are in sus- pension in water, sewage, or other liquids and which are removable by laboratory filtering. Section 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. ARTICLE II Section 1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Blair, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. Section 2. It shall be unlawful to discharge to any natural outlet within the City of Blair, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the, disposal of sewage. 3$58 Section 4. The owner of all houses, buildings, or proper- ties used for human employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right -of -way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. ARTICLE III" Section 1. Where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. Section 2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of Five Dollars ($5.00) shall be paid to the City at the time the application is filed. Section 3. A Permit for a private sewage disposal system shall not become effective: until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work of any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty -four (24) hours of the receipt of notice by the Superintendent. Section 4. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Nebraska. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than 10,000 square feet. No septic . tank or cesspool shall be permitted to discharge to any natural outlet. Section 5. At such time as a public sewer becomes avail- able to a property served by a private sewage disposal system, as provided in Article III, Section 4, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. 35'59 Section 6. The shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City. Section 7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. Section 8. When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bankrun gravel or dirt. ARTICLE IV Section 1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appur- tenance,thereof without first obtaining a written permit from the Superintendent. Section 2. There shall be two (2) classes of building sewer permits: (a) for residential and com- mercial service, and (b) for service to estab- listments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supple- mented by any plans, specifications, or other information considered pertinent in the judg- ment of the Superintendent. A permit and inspection fee of Seven and 50/100 Dollars ($7.50) for a residential or commercial building sewer permit and Fifteen Dollars ($15.00) for an industrial building sewer permit shall be paid to the City at the time the application is filed. Section 3. All costs and expense incident to the instal- lation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Section 4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Section 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this ordinance. Section 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, 3860 shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. Section 7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Section 8.. No person shall :make connection of roof downspouts, exterior foundation drains, area- way drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Section 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A,S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials •must be approved by the Superintendent before installation. Section 10. The applicant for the building sewer permit shall notify the Superintendent when the build- ing sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. Section 11. All excavations for building sewer instal- lation shall be adequately guarded with barri- cades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the, work shall be restored in a manner satisfactory to the .. "City. ARTICLE V Section 1.. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior, and exterior foundation drains, uncontaminated cooling water, or un- polluted industrial process waters to any sanitary sewer. Section 2. Stormwater and all ,other unpolluted drainage shall be discharged to such sewers as are 3561 specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial coolingyater or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet. Section 3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (a) Any gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by inter- action with other wastes, to injure or inter- fere with any sewage treatment process, consti- tute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in exdess of two (2) mg/1 as CN in the wastes as discharged to the public sewer. (c) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or, hazard to struc- tures, equipment, and personnel of the sewage works. (d) Solid or viscous substances in quan- tities or of such size capable of causing obstruCtion to the flow in sewers, or other interference with the proper operation of the sewage works such as, but npt limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, mild containers, etc., either whole orl ground by garbage grinders. (e) Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight or, (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be/ to the review of • ere the necessamip yarnion Superintendent e owner su antergent at his own expense, suchpreliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superin- tendent and no construction of such facilities shall be commenced until said approvals are obtained in writing. ARTICLE VI Section 1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this pro- vision shall be subject to immediate arrest under charge of disorderly conduct. I 1111 ill 362 ARTICLE VII Section 1. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this or- dinance. The Superintendent or his representa- tive shall have no authority to inquire into any processes including *metallurgical, chemical, oil, refining, ceramic, paper, or other indus- tries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Section 2. While performing the necessary work on private properties referred to in Article VII, Section 1 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section 8. Section 3. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City . holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICLE VIII Section 1. Any person found to be violating any provision of this ordinance except Article VI shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Section 2. Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section 1, shall be guilty of a mid - demeanor, and on conviction thereof shall be fined in the amount not exceeding One Hundred Dollars ($100.00) for each violation. Each twenty -four (24) hour period in which any such violation shall contb shall be deemed a separate offense. 363 Section 3. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. Section 4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consider- ation to such factors as the quantities of subject wastes in relation to flows and veloci- ties in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (a) Any liquid or vapor having a temperature • higher than one hundred fifty (150) degrees F (65 degrees C). (b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty- two (32) and one hundred fifty (150) degrees F (1 and 65 degrees C). (c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths GOO horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent. (d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. Any waters or wastes containing iron, chromium, copper, zinc, and similar objection- able or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material reoeivedfAh,the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials. (f) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations. 3664 (h) Any waters or wastes having a pH in excess of 9.5. (i) Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, E filers ° >> earth„ mets :i.vr es a, pd:li erasj.dues) or of dissoPOd solidd35 (suehf.;as,obliit Inc t° limited to, sodium chloride or sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vege- table tanning . solutions). (3). Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or con- centration of wastes constituting "slugs" as defined herein. (j) Waters or wastes containing sub- stances which are not amenable to treatment or reduction by the sewage treatment processes employed, . or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over dis- charge to the receiving waters. Section 5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may: (a) Reject the wastes, (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge, and /or (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of the article. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws. Section 6. Grease, oil, and sand interceptors shall be provided when, in the'opinion of the Superin- tendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. . 3565 Section 7. Where preliminary treatment or flow - equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Section 8. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and meadurement of the wastes. Such manhole, when required, shall be acces- sibly and safely located, and shall be con- structed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Section 9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be deter- mined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, 1149, and property. (The particular analyses involved will determine whether a twenty -four (24) hour composite of all outfalls of a premise is appropriate or whether a- grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty -four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.) Section 10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern. ARTICLE IX Section 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 2. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Attest: L. W. Svendgaard, City Clerk (Seal) FIRST READING 3966 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 10th day of February, 1976. The Mayor directed the Clerk to read by title Ordinance No. 1166 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1166 by title upon its first reading. Whereupon Councilman Rennerfeldt .moved that Ordinance No. 1166 be approved on its first reading and its title agreed to. Councilman Jenny seconded the motion and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: D. Jensen, Neef. Motion: Carried. Whereupon-the 'Mayor declared said Ordinance No. 1166 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was :moved by Councilman Rennerfeldt 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 Long called for the question. The Mayor put the question and directed the Clerk.to call the roll for the vote thereon. Yeas: Ellis, Jenny, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: D. Jensen, Neef. Motion: Carried. FINAL READING Alfred O. Sick, Mayor Ordinance No. 1166 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No. 1166 by title upon its final reading. 370 OPENING Blair, Nebraska February 24, 1976 The Mayor and Council of the City of Blair, Washington. County, Nebraska, met in regular session in the Council Chambers at 7:30 o P.M. President of the Council Pounds 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, N and Pounds were present. Councilman Rennerfeldt was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Ellis and seconded by Councilman D. Jensen that the minutes of the proceedings of the Mayor andCouncil in the matter of the passage and approval of Ordinance No. 1167 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. ORDINANCE NO. 1167 Introduction of Ordinance No. 1167 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1167 of the City of Blair, Nebraska. This Ordinance No. 1167 was introduced by Councilman Jenny and is in words and figures as follows: ORDINANCE NO. 1167 AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 131 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: On Twelfth Street from Jackson Street North to the existing pavement, all in the City of Blair, Washington County, Nebraska, by paving the same, having been presented and filed with the City Clerk, there is hereby created Street Improvement District No. 131 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 according to plans and specifications and sseei €ieatiezis 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. 131 and subject to special assess- ments 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 One (1) through Seven (7) , inclusive, in Jackson ' 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 benefitedthereby 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 publication as provided by law. ATTEST: Passed and approved this 24th day of February, 1976. L. W. Svendgaard, City Clerk (S(Nal) 3571 James D. Pounds, Acting Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1167 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1167 by title upon its first reading. Whereupon Councilman Ellis moved that Ordinance No. 1167 be approved on its first reading and its title agreed to. Councilman D. Jensen seconded the motion and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, Long, Neef, S. Jensen, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1167 approved on its first reading and its title.agreed to. OPENING 3575 Blair, Nebraska February 24, 1976 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. President of the Council Pounds 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Pounds were present. Councilman Rennerfeldt was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman S. Jensen and seconded by Councilman Neef that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1168 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 Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. ORDINANCE NO. 1168 Introduction of Ordinance No. 1168 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1168 of the City of Blair, Nebraska. This Ordinance No. 1168 was introduced by Councilman Ellis and is in words and figures as follows: ORDINANCE NO. 1168 AN ORDINANCE CREATING WATER DISTRICT NO. 15 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 PROVID- ING WHEN SAID ORDINANCE SHALL TAKE EFFECT. 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, Nebraska, hereby declare the necessity to construct a water district on the following line, to -wit: From the existing water main on 12th Street in Fairview Heights Addi- tion to the City of Blair, Washington County, Nebraska; thence South to the existing water main on Jackson Street. For that purpose there is hereby created a Water District No. 15 of the City of Blair, Nebraska. 3576 SECTION 2. The improvements to be made are to construct and lay a six -inch cast 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. 15 and subject to special assessments to pay for the costs and expenses of said improvement are Lots One (1) through Seven (7) inclusive in Jackson Addition to the City of Blair, Washington County, Nebraska. SECTION 4. The costs of said improvement and said Water District shallbbe 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 publication as provided by law. ATTEST: Passed and approved this 24th day of February,. 1976. L. W. Svendgaard, City Clerk (Seal) FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1168 of the City, of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1168 by title upon its first reading. Whereupon Councilman S. Jensen moved that Ordinance No. 1168 be approved on its first reading and its title agreed to. Councilman Neef seconded the motion and Councilman Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, Long, Neef, S. Jensen, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1168 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman S. Jensen that the statutory rules requiring reading on three different days 3`80 OPENING Blair, Nebraska February 24, 1976 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. President of the Council Pounds 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Pounds were present. Councilman Rennerfeldt was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Ellis and seconded by Councilman D. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1169 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. ORDINANCE NO. 1169 Introduction of Ordinance No. 1169 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1169 of the City of Blair, Nebraska. This Ordinance No. 1169 was introduced by Councilman Neef and is in words and figures as follows: ORDINANCE NO. 1169 AN ORDINANCE CREATING SANITARY SEWER DISTRICT NO. 39 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: Beginning 10.0 feet North of the South line of Lot One (1), Jackson Addition to the City of Blair, Washington County, Nebraska; thence running South along the centerline of Twelfth Street to the existing 8" V.C.T. sewer line of Jackson Street. For that purpose there is hereby created a Sanitary Sewer District No. 39 of the City of Blair, Nebraska. SECTION 2. The improvement to be made is to construct and lay an eight (8) inch vitrified clay sewer tile with manholes 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. ATTEST: SECTION 3. The property included in said Sanitary Sewer District No. 39 and subject to special assessments to pay for the costs and expense of said improvement are Lots One (1) through Seven (7) inclusive, in Jackson Addition to 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. (Seal 3581 SECTION 5. This ordinance shall take effect and be in full force from and, after- its passage, approval and publication as provided bylaw. Passed and.:approved this 24th day of. February, 1976. L. W. Svendgaard, City Clerk Alfred 0. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1169 of the City of Blair,. Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1169 by title upon its first reading. Whereupon Councilman Ellis moved that Ordinance No. 116 be approved on its first reading and its title agreed to.- Councilman D.Jensen'seconded the motion and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny,. D. .Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1169 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman .Ellis that the statutory rules. requiring reading on three different days 3585 OPENING ROLL CALL ORDER OF BUSINESS ORDINANCE NO. 1170 ORDINANCE NO. 1170 Blair, Nebraska March 9, 1976 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 Ellis, Jenny D. Jensen, S. Jensen, Long, 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 Rennerfeldt and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of . the passage and approval of Ordinance No. 1170 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roil for the vote thereon. Ydas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Introduction of Ordinance No. 1170 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1170 of the City of Blair, Nebraska. This Ordinance No. 1170 was introduced by Councilman Neef and is in words and figures as follows: AN ORDINANCE TO AMEND THAT SECTION OF THE MUNICIPAL CODE ENTITLED "CITY MAYOR; SELECTION AND DUTIES", TO CHANGE AND FURTHER DEFINE WHEN THE MAYOR MAY VOTE ON MATTERS AND LEGISLATION CONSIDERED BY THE COUNCIL. BE IT.ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLA.IR, NEBRASKA. Section 1. That Chapter 1, Article'2, Section 1 -202 of the - Municipal Code of Blair, Nebraska, be amended to read as follows: City Mayor; . .Selection and Duties. The Mayor of the Municipality shall have the general, and immediate control over all property, and officials, whether elected, or appointed, of the Municipality. He shall preside at all meetings of the City Council, and may vote when his vote shall be decisive on any pending matter, legislation, or transaction and the Mayor shall, for the purpose of such vote, he deemed to be a member of the Council. His signature must appear on the Municipal Clerk's minutes of all meetings, and he must sign all resolutions which have been passed, and warrants for the payment of money when ordered by the City Council; Provided, any ordinance vetoed by the Mayor 'Tar, be passed over. his. veto by a two- thirds (2/3) vote'by the members of the City Council, but if the Mayor neglects or refuses to sign any ordinance, and returns it to the Council with his objections in writing at the next'regular Council meeting, the same shall become a law without his signature at the time of the next meeting of the City Council. He shall from time to time communicate to the Council such information and recommendations as, in his opinion, may improve the Munici- pality. He may require at reasonable intervals any Municipal official to exhibit his accounts and make reports to the Council on any subject pertaining to his office. He shall have the power to remit fines or pardon any offense arising under the ordinances of the Municipality. He shall have the authority to call on every male inhabitant of the Municipality over eighteen (18) years of age and under the age of fifty (50) years to aid in enforcing the laws. He may remove at any time an appointed police officer of the Municipality. His territorial authority shall extend over all places - within two (2) miles of the corporate limits of the Municipality for the enforcement of any health or quarantine ordinances and the regulation thereof. He shall also have such other duties as the. City Council may by resolution confer upon him, or in any other .matters which the laws of the State of Nebraska repose in him. He shall be elected at the Municipal Election, and shall serve a four (4) year term of office. (Ref. 16 -314 thru 16 -316, 16 -404 RS Neb.) Section 2. That the. original Section 1 =202 and any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and la conflict with its provisions, is hereby repealed. l ( n Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law. Attest; Passed and approved this 9th day of March, 1976. L.W. Svendgaard, City Clerk (Seal) The Mayor directed the Clerk to read by .title • Ordinance No. 1170 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1170 by title upon its first reading. Whereupon Councilman Rennerfeldt moved that Ordinance No. 1170 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt, Nays: None. Absent: Pounds. Motion: Carried. 3 586 FIRST READING Alfred D. Sick, Mayor OPENING 3690 Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent: ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman D. Jensen and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1171 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 Jenny called for the question. The Mayor .put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1171 Introduction of Ordinance No. 1171 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1171 of the City of Blair, Nebraska. This Ordinance No. 1171 was intro- duced by Councilman Jenny and is in words and .figures as follows: ORDINANCE NO. 1171 AN ORDINANCE TO CHANGE THE DATE OF THE REORGANIZATIONAL MEETING OF THE GOVERNING BODY TO THE FIRST MEETING IN DECEMBER FOLLOWING THE GENERAL ELECTION AT WHICH MEMBERS OF THE GOVERNING BODY ARE ELECTED. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 1, Article. 2, Section 1 -207 of the Municipal Code of Blair, Nebraska, be amended to read as follows: City Council; Organization. City Council members of this Municipality shall take office, and commence their duties on the first regular meeting in December following their election. The newly elected Council members who have qualified as prescribed by law together with the members of the City Council holding over, shall assemble in a regular meeting at the hour and place herein- after prescribed and perfect the reorganization of the CityCouncil as herein provided, and all appointive offices in which the terms of incumbents are expired shall be filled by appointment. After the said meeting has been called to order, the Municipal Clerk shall report to the City Council the names of all City Council members -elect who have qualified for their:; respective offices and this report shall be spread upon the minutes of the meeti$ig preceding the roll call. Each ward of the Municipality shall be represented by two (2) Council members. No person shall be eligible who is not at the time of his election an actual resident of the ward for which he is qualified and should any City Council .member move from the ward from which he was elected, his office shall thereby become vacant. (Ref. 16- 302.01 RS Neb.) Section 2. That the original Section 1 -207 and any other Sections passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law. Attest Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk (Sear Whereupon Councilman D. Jensen moved that Ordinance No. 1171 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion:. Carried. 3591 FIRST READING The Mayor directed the Clerk to read by title Ordinance. No. 1171of the City of Blair, Nebraska. The Clerk thereupon, read the aforesaid Ordinance No. 1171 by title upon its first reading. Whereupon the Mayor declared said Ordinance No. 1171 approved on its first reading and its title agreed to. SUSPENSION OF RULES Alfred 0. Sick, Mayor Whereupon it was moved by Councilman D. Jensen that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman Ellis and Councilman, Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas : Ellis, Jenny, D. Jensen, S': Jensen, Long Neef, Rennerfeldt. Nays: None. Absent: ,Pounds. Motion: Carried. OPENING 3x95 ORDER OF BUSINESS Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. • Whereupon the Mayor announced that the introduction of ordinances now in order. and seconded by Councilman Lon4 It was moved by Councilman S. Jensen /that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1172 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 incor- porated in and made a part of these proceedings the same as though spread at large therein. Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1172 Introduction of Ordinance No. 1172 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1172 of the City of Blair, Nebraska. This Ordinance No. 1172 was intro- duced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1172 AN ORDINANCE TO REQUIRE THE MUNICIPAL CLERK TO PUBLISH CLAIMS AGAINST THE MUNICIPALITY. BE IT ORDAINED BY THE MAYOR. AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 1, Article 3, Section 1- 321.02 of the Municipal Code of the City of Blair, Nebraska, read as follows: City Clerk; Publication of Claims. The Municipal Clerk shall include in the minutes of each meeting, published, as required in Section 1 -321, the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the names of all employees and their current annual, monthly, or hourly salaries 35 shall be published and any changes in salaries or the hiring of new employees during the calendar quarter preceding the months of October, January, and April shall be published during the months of NoveMber, February, and May. (Ref. 19-1102 RS Neb.) Section 2. That any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with the provisions therewith are hereby repealed. . Section 3. This ordinance shall take effect and be 'in full force from and after :its passage, approval, and publication or posting as required by law. Attest: Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk (Seal) FIRST READING Alfred O. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1172 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1172 by title upon • its first reading. Whereupon Councilman S. Jensen moved that Ordinance No. 1172 be approved on its first reading and its title agreed to. Councilman Long seconded the motion and Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays,. None. Absent: Pounds. Motion Carried, Whereupon the Mayor declared said Ordinance No. 1172 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman S. Jensen that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman Long and Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nay's: None. Absent: Pounds. Motion: Carried. 3.00 OPENING Blair, Nebraska March 9, 1976 The Mayor and Council of the City of Blair, WashingLon 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS ,Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Neef and seconded by Councilman D. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1173 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to, call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1173 Introduction of Ordinance No. 1173 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1173 of the City of Blair, Nebraska. This Ordinance No. 1173 was introduced by Councilman. S. Jensen and is in words and figures as follows: ORDINANCE NO. 1173 AN ORDINANCE TO DEFINE THE TERMS "MEETINGS" AND "PUBLIC BODYTT; TO ESTABLISH THE RULES AND PROCEDURES FOR PUBLIC MEETINGS, CLOSED SESSIONS, AND EMERGENCY MEETINGS; TO REQUIRE ALL PUBLIC BODIES TO KEEP MINUTES OF ALL MEETINGS; TO REQUIRE ROLL CALL VOTES; TO REQUIRE THE MUNICIPAL CLERK TO NOTIFY THE NEWS MEDIA OF THE TIME AND PLACE OF MEETINGS; AND TO PROVIDE FOR PUBLIC PARTICIPATION AT SUCH MEETINGS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: ` Section 1. That Chapter 1, Article 4 of the Municipal Code of Blair, Nebraska, be amended by adding the following Sections: Meetings; Defined. Meetings, as used in this Article shall mean, all regular, special, or called meetings of a public body for the purposes of briefing, discussion of public business, formation of tenative policy, or the taking of any formal action. Meetings; Public Body Defined. Public Body as used in this Article shall mean: 34 A. The Governing Body of the Municipality, B. All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies, now or hereafter created by Constitution, statute, or otherwise pursuant to law, and C. Advisory committees of the bodies listed above. This Article shall not apply to subcommittees of such bodies unless such subcommittees have been given authority to take formal action on behalf of their parent body. Meetings; Public. All public meetings as defined by law shall be in .a Municipal public building which shall be open to attendance by the public. All meetings shall be held in the public building in which the Governing Body usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the Governing Body and to the public by a method designated by the Governing Body or by the Mayor if the Governing Body has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice, or a statement that such an agenda kept continually current shall be available for public inspection at the office of the Municipal Clerk. The Governing Body shall have the right to modify the agenda to include items of an emer- gency nature only, at such public meetings. The minutes of the Municipal Clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was conimunieated, the time and specific place of the meetings, and the names of,each member of the Governing Body present or absent at each convened meeting. The minutes of the Governing Body shall be a public record open to inspection by the public upon request at any reasonable time at the office of the Municipal Clerk. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the Governing Body in open session. The record of the Municipal Clerk shall show how each member voted, or that the member was absent and did not vote. (Ref. 84 -1401 thru 84 -1405 RS Neb.) Meetings; Closed Sessions. Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the pro- tection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for,.'but shall not be limited to, such reasons as: A. Strategy sessions with respect to collective bargaining, real estate purchases, or litigation; B. Discussion regarding deployment of security personnel or devices; or C. :,Investigative proceedings regarding allegations of criminal misconduct. Nothing in this Section shall permit a closed meeting for discussion of the appointment or election of a new member to a public body. The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The meeting shall be reconvened in open session before any formal action may be taken. 34-02 Any member of any public body shall have the right to challenge the continuation of a closed session if the member deter - mines that the session has exceeded the reason stated in the original motion to hold a closed session. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes. Meeings; Emergency Meetings. When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of elec- tronic or telecommunication equipment. The provisions of Section 1 -408 of this Article shall be complied with in conducting emergency meetings. Medings; Minutes. Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. The minutes shall be public records and open to public inspection during normal.business hours. Minutes shall be written and available for inspection within ten (10) working days, or prior to the next convened meeting, whichever occurs earlier. Meetings:, Votes. Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting. The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes. Meetings; Notice to News Media. The Municipal Clerk, Secretary, pr (Aber desthgnee pf each ub1the bpdy shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting. Meetings; Public Participation. Subject to the provi- sions of this Article, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or in writing. Any public body may make and enforce reasonable rules and regulations regarding the conduct of persons attending its meetings ,. and regarding their privilege to speak. A body is not required to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings. Section 2. That any ordinance passed and approved prior to the passage, approval, and publication or posting of this or- dinance and in conflict with its provisions, is hereby repealed. Section 3. This ordinance shall take effect and in full force from and after its passage, approval, and publication or posting as required by law. Attest: 3403 Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk (Seal) FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1173 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1173 by title upon its first reacting. Whereupon Councilman Neef moved that Ordinance No. 1173 be approved on its first reading and its title agreed to. Councilman D. Jensen seconded the motion and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1173 approved on its first reading and its title agreed to. SUSPENSION OF RULES Alfred 0. Sick, Mayor Whereupon it was moved by Councilman Neef that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman D. Jensen and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. FINAL READING Ordinance No. 1173 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No. 1173 by title upon its final reading. Whereupon it was moved by Councilman Rennerfeldt and seconded by Councilman Jenny that said Ordinance' No. 1173 be ap- proved on its final reading and its title agreed to. Councilman Long called for the question. The Mayor put the question and directed the Clerk to call 'the roll'for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. 3 407 Blair, Nebraska March 9, 1976 OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 71.30 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.cali the roll, and on roll call Councilmen Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ROLL CALL ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilma.nrEllis and seconded by Councilman Long that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1174 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 D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO, 1174 Introduction of Ordinance No. 1174 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1174 of the City of Blair, Nebraska. This Ordinance No. 1174 was introduced by Councilman D. Jensen and is in words and figures as follows: ORDINANCE NO. 1174 AN ORDINANCE TO AMEND THE NUMBER OF THE MEMBERS OF THE CITY COUNCIL NECESSARY TO CONSTITUTE A QUORUM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 1, Article 4, Section 1 -401 of the Municipal Code of the City of Blair, Nebraska, be amended to read as follows: Meetings; Governing Body. The meetings of the Governing Body shall be held in the meeting place of the Municipality. Regular meetings shall be held on the second (2nd) and fourth (4th) Tuesdays of each month at the hour of seven - thirty (7 :30) o'clock P.M. Special meetings maybe called by the Mayor, or by four (4) members of the City Council, the object of which shall be submitted to the Council in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the Municipal Clerk. No other business shall be transacted at such meeting unless all members of the City Council are present and consent thereto. On filing the call for a special meeting, the Municipal Clerk shall notify the Councilmen of the special meeting, stating the time and its purpose. Notice of a special meeting need. not be given to a Council member known to be out of the State, or physically unable to be present. A majority of all members elected to the Council shall constitute a quorum for the transaction of business, but a less number may adjourn, from time to time, and compel the attendance of the absent members. An affirmative vote of not less than one -half (a) of the elected members shall be required for the transaction of any business. At the hour appointed for the meeting, the Municipal Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present the Council shall be called to order by the Mayor, if present, or if` abent,' by the President of the Council. In the absence of both the Mayor and the President of the Council, the City Councilmen shall elect a President pro tempore. (Ref. 16 -401, 16 -402 RS Neb.) Section 2. That the original Section 1 -401 and any other Sections passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or'posting as ' required by law. Passed and, approved this 9th day bf March, 1976. Attest:. L. W. Svendgaard, City Clerk (Seal) 3108 FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1174 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1174 by title upon its first reading. Whereupon Councilman Ellis moved that Ordinance No. 1174 be approved on its first reading and its title agreed to. Councilman Long seconded the motion and Councilman D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1174 approved on its first reading and its title agreed to. 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, 3:12 OPENING ROLL CALL ORDER OF BUSINESS Blair, Nebraska March 9, 1976 The Mayor directed the Clerk to call the roll, and on roll call Councilmen Ellis, Jenny, D. Jensen, S. Jensen, .Long, 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 Long and seconded by Council- man Rennerfeldt that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1175 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. 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1175 Introduction of Ordinance No. 1175 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was,the passage and approval of Ordinance No. 1175 of the City of Blair, Nebraska. This Ordinance No. 1175 was introduced by Councilman Ellis and is in words and figures as follows: ORDINANCE NO. 1175 AN ORDINANCE T0 AMEND CHAPTER 1, ARTICLE 8, : ELECTIONS VOF /THEa 4 MUNICIPAL CODE BY AMENDING SECTION 1 -801 TO PROVIDE FOR THE NOMINATION OF THE MAYOR AND COUNCIL AT THE STATEWIDE PRIMARY ELECTION AND THE ELECTION OF THE MAYOR AND COUNCIL AT THE STATE- WIDE GENERAL ELECTION. AND FURTHER TO ADD THOSE SECTIONS PROVIDING FOR: EXTENSION OF TERMS; CANDIDATE FILINGS; WRITE IN CANDIDATES; TIE VOTES; BALLOT PREPARATION; AND TERMS OF OFFICE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1, That Chapter 1, Article 8, Section 1 -801 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Elections; Generally. The. Municipal primary and general election shall be held in accordance with the provisions of Chapter Thirty -two (32) Revised Statutes of Nebraska. Said elections shall be held in conjunction with the State Primary and General Election. Prior to February One (1) of each year in which such joint election takes place, the Governing Body 3113 shall receive the consent in writing of the County Board to so hold the \election and such authorization shall be prescribed according to state law. The County Clerk shall have charge of the election and shall have the authority to deputize the Municipal Clerk for Municipal election purposes. Commencing with the Statewide Primary Election in 1976, ' and every fourth - (4th) year :thereafter, ,candidates for Mayor and for positions on the City Council shall be nominated at the Statewide Primary, Election and elected at the Statewide General Election. (Ref. 16- 302.01 (2)RS Neb.) Section 2. That Article 8, of Chapter 1, be amended by adding the following Sections: Elections; Extention of Terms. The term of office of any member of the Governing Body that would expire prior to the first regular Council meeting in December, 1976, is hereby extended to December, 1976. The term of office of any member that would expire after December, 1976, but prior to the first regular Council meeting in December, 1978, is hereby extended to the first regular meeting in December, 1978. (Ref. 16- 302.01(3) (4) RS Neb.) Elections; Primary Election, Number of Candidates ,Filing If the number of candidates properly filed for nomina- tion at the primary election does' not 'exceed , two (2) for each Vacancy to be filled, all candidates properly filed shall be considered nominated, and no primary election for their nomination shall be required. (Ref. 16- 302.01(5)RSNeb.) Elections; Primary Election, Write -in Candidates. When the'name of a candidate who did not file or become a petition candidate for nomination is written in and voted for as a candidate for ac0ounci1ijmember, such person shall not be entitled to a certificate of nomination at the statewide primary election nor have his name placed on the general election ballot unless he shall have received not less than twenty (20%) per cent of the total votes cast for the candidate receiving the greatest number of Votes in the precinct or ward or the candidate receiving the greatest number of =of the.at -large candidates, whichever'the case'may'be, at the preceding election in which candidates where elected to serve the ward,' or of the at- large candidates if the election was held at large. (Ref. 16- 302.01 (7) RSNeb . ). Elections; Tie Votes. In the case of a tie vote of any of the candidates in either the primary or general election, the. County Clerk shall notify such candidates to appear at his office on .a given day and hour to determine the same by lot before the canvassing board, and the certificate of nomination or election shall be given accordingly. Notice to appear shall be given by certified mail, (Ref. 16-302.01(7)RSNeb.) Elections; General Election, .Preparation of Ballot. When more than one person becomes a candidate by filing, petition, or write-in procedures for the same position in the primary, the County Clerk, in preparing the official ballot for the general election shall place thereon the names of the persons who received the greatest number of votes in the primary, but in no event shall the names on the general election ballot be more than twice the number of vacancies to be filled at the general election. (Ref. 16- 302.01(8) RSNeb .) . 3114 Elections; Election to Terms. The candidates shall be placed on the general election ballot and the candidates receiving the greatest number of votes shall be elected to terms of the longest duration, and those receiving the next greatest number of votes shall be elected to the remaining term or terms. The County Clerk shall place the names of the candidates on the general election ballot in the direct order according to the number of votes received at the primary election. The term of office of all such members shall commence on the first regular meeting of the Council in December following their election. (Ref. 16- 302.01(9) RS Neb.) Section 3. That the original Section 1 -801 and any other Section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section'4. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Passed and approved this 9th day of March, 1976. Attest: L. W. Svendgaard, City Clerk (Seal) Alfred 0. Sick, Mayor FIRST READING. The Mayor directed the Clerk to read by title Ordinance No. 1175 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1175 by title upon its first reading. Whereupon Councilman Longimoved that Ordinance No. 1175 be approved on its first reading and its title agreed to'. Councilman Rennerfeldt 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays:. None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1175 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Long 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 Ellis called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. ' 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. 3618 OPENING ROLL CALL The Mayor directed the Clerk to call the roll, and on roll call Councilmen Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Blair, Nebraska March 9, 1976 Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Jenny and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1176 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. Council- man Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1176 Introduction of Ordinance No. 1176 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1176 of the City of Blair, Nebraska. This Ordinance No. 1176 was introduced by,Couneilman Long and is in words and figures as follows: ORDINANCE NO, 1176 AN ORDINANCE TO AMEND THAT SECTION OF THE MUNICIPAL CODE THAT SETS FORTH THE TIME PERIOD WITHIN WHICH ADVANCE NOTICE OF A GENERAL. MUNICIPAL ELECTION MUST BE GIVEN. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 1, Article 8, Section 1-803 of the Municipal Code of Blair, Nebraska, be amended to read as follows Elections; General Election Notice. The County Clerk shall publish in a newspaper designated by the County Board the notice of the election no less than ten (10) days prior to the Primary Election. This notice will serve the notice requirement for all Municipal Elections which are held, in. conjunction with the County, if such notice is signed by the Mayor. (Ref. 32- 402,01 RS Neb.) Section 2. The original section 1 -803 and any other section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with ::the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law, Attest: L. W. Svendgaard, City Clerk (Seal) 349 Passed and approved this. 9th day of March, 1976. 'FIRST READING Alfred O. Sick, Mayor The Mayor'directed' the Clerk to read by title Ordinance No. 1176 of the "City' of Blair , ''Nebraska . ' ' 'The Clerk thereuFJ on read' the aforesaid Ordiiance No. 1176 by title upon its firat reading. Whereupon Councilman Jenny moved that Ordinance No. 1176 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: " Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds, Motion: Carried. Whereupon the Mayor'declared'said Ordinance No. 1176 approved on its first reading and its title agreed to. SUSPENSION OF RULES 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 Ellis and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds.' Motion: Carried. FINAL READING Ordinance No, 1176 now comes on for the final reading. The Mayor'di.reeted the Clerk to read 'said' Ordinance. No. 1176 by title upon its final reading. 3'23 OPENING Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction offordinances was now in order. It was moved by Councilman Rennerfeldt and seconded by Councilman S. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval Ordinance No. 1177 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 Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1177 Introduction of Ordinance No. 1177 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1177 of the City of Blair, Nebraska. This Ordinance No. 1177 was introduced by Councilman Neef and is in words and figures as follows: ORDINANCE NO. 1177 AN ORDINANCE TO REPEAL SECTIONS: 1 -802, 1 -805, 1 -807, 1 -808, 1 -809, 1 -810, 1- 811, 1 -812, 1 -813; 1 -814, 1 -815, 1 -816, 1 -817, 1 -818, 1 -819, 1- 821, 1 -822, 1 -823, 1 -824, 1 -825, 1 -826, 1- 827, 1 -828, 1 -829 OF THE MUNICIPAL CODE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 1, Article 8, Sections 1 -802, 1 -805, 1 -807, 1 -808, 1 -809, 1 -810, 1 -811, 1 -812, 1 -813, 1- 814,1 -815, 1 -816, 1 -817, 1 -818, 1 -819, 1 -821, 1 -822, 1 -823, 1 -824, 1-825, 1 -826, 1 -827, 1 -828, 1 -829, Qf;"sthe Municipal Code of Blair, Nebraska, which read as follows, are hereby repealed: Elections; Proclamation. At least ninety (90) days prior to any general City election, the Mayor shall issue a proclamation designating all of the offices to be filled by vote 3 24 of theelectors of the City, or the special issues or propositions to be submitted for approval or rejection by such electors, and transmit the same forthwith to the City Clerk for filing. In the case of a special election, such proclamation shall be issued ten (10) days prior thereto. (Ord. No. 1104,.12/11/73) Elections; Direct Filing. Candidates for municipal offices are authorized to file for election directly with the City Clerk. Said filing must take place at least sixty (60) days prior to the date of the statewide primary election and must be in such form and manner as provided in 32 -535 RRS Nebr. 1943 as amended. (Ord. No. 1106, 12/27/73) Elections; Officials. The Municipal Clerk shall, at least fifteen (15) days prior to the Municipal election, appoint three (3) judges and two (2) clerks of election in each precinct in the Municipality, to be known as the Receiving Board. In precincts where more than one hundred (100) votes were cast for Governor or President in the last general election, the Municipal Clerk shall, in the same manner, appoint two (2) additional judges and two (2) additional clerks to be known as the Election Counting Board and to operate as such. In precincts, where there were not one hundred (10 votes cast for Governor or President in the last general election, the Receiving Board shall act as the Counting Board and shall count the ballots after the polls are closed and make return thereof in the same manner provided as in the case of Counting Boards. In precincts having a Counting Board, the board shall commence its duties at a given time specified by the Municipal Clerk, at which time it shall proceed with the counting. If the judges of election or the Counting Board cannot agree as to the legality of the vote to be counted, then the Clerk of election serving on the board shall have the same powers as the judges of election in determining the legality of such votes. The Municipal Clerk shall, at the time of appoint- ing the Receiving Board, designate one of the 'appointees as messenger, whose duty it shall be to receive from the Municipal Clerk the ballots, poll books, and other supplies necessary for holding the election in the voting unit of which he is the judge or clerk. At the time of appointing the Counting Board, the Municipal Clerk shall designate one (1) of the appointees as a messenger to return the ballots, poll books, and other supplies to the Municipal Clerk as soon as possible after the votes are counted. The ballots, poll books, and other supplies for the election shall be delivered by messengers to the polling places in their respective precincts at least one -half (2) hour before the time provided by law for opening the polls. No person shall be eligible for serving on any Receiving or Counting Board who is a candidate for office at such election. Each of such appointees shall: 1. Be of good character, approved integrity, well- informed, able to read, write and speak the English language; 2. Have resided in the precinct in which he is to serve for at least six (6) months next preceding his appointment; 3. Be entitled to vote in the election precinct involved; and 4. Hold office for a term of one (1) year or until judges and clerks of election are appointed for the next City election. The City Clerk shall keep a written record of all such appoint- ments, which record must be made at the time of appointment, and which shall be considered part of the public records of his office. (Ref. 19 -3011 RS Neb.) Elections; Officials Notification. The City Clerk shall, within three (3) days after the appointment of judges and clerks of election, notify each of them of his appointment by 3625 mail sand order them to appear at their respective polling places at least, one half (z) hour prior to the hour fixed for the opening of the polls on the day fixed for the election. (Ref. -19- -3012 RSNeb.) Elections; Officials Appearance. If any member of the Election Board fails to appear at the hour appointed for the opening of the polls, the remainder of the Board shall elect as a member of such, Board to serve in his place an elector from the same _ (Ref. 19 -3013 RSNeb.) Elections; Failure to Appear; Penalty. If any person ordered to serve by the City Clerk, or when elected by the other members of the Elc-vtion Board to fill a vacancy, fails, refuses, or neglects to serve, unless excused for good and sufficient' reason, such person shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars, and costs of prosecution. The City Clerk is authorized to file a criminal complaint in the proper court against such person failing to appear. (Ref. 19.3014 RS.Neb.) Election Officials; Oath. Previous to any votes being received in a precinct, the judges and clerks of election shall severally take an oath or affirmation which shall be as follows: TTI , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies, foreign and domestic; that I bear true faith and allegiance to the same; that I take =. this obligdtion freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am in this position I will not advocate, nor become' 'a member of any 'political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. So help me God." If there is no judge or justice of the peace present at the opening of the polls, it shall be lawful for the . judges of election to administer the oath or affirmation to each other and the clerks of election. The person administering such oath or affirmation shall cause an entry to be made thereof and subscribed by him, and affixed td each poll book. (Ref. 11- 101.01,19- 3015RSNeb.) Elections; Officials Compensation. The City election officials shall receive the same pay for their services as like officials receive when serving in State elections, to be paid by the City. (Ref. 19- 3016RSNeb.) Elections; Ballots. It shall be the duty of the City Clerk of the City to provide printed ballots for every City election, including separate ballots therefor whenever any measure, proposition of issue is submitted to a vote of the electors. There shall be printed on the ballot the name of every candidate whose nomination has been properly certified or who has been properly nominated by petition. The separate ballot for'any measure, proposition, or issue submitted to a vote of the electors shall state the proposition submitted in clear concise language. Ballots other than the official white ballots printed by the City Clerk as hereinafter provided, shall not be cast or counted in any City election. (Ref. 19- 3018RSNeb.) Elections; Ballots; Printing. All official ballots, including absent, sick and disabled electors ballots, prepared, by the City Clerk, shall be prepared and printed as nearly as possible in conformity with the provisions of the laws of the State of Nebraska pertaining thereto. All official ballots shall bear the heading 70fficial Municipal Election Ballot" at the top, and all sample ballots shall bearx ..�thenheading Municipal Election Ballot" at the top. The official ballots shall be printed and in the possession of the City Clerk at least five (5) days prior to the City election. The City Clerk shall cause sample . ballots to be printed on red or green paper, but otherwise in the form and size of the official ballot, which may be distributed not less than three ,(3) days, nor more than ten (10) days, prior to the City election. (Ref. 19 -3019, 19 -3022 RSNeb.) Elections; Ballots; Publication. The City Clerk shall cause .a copy of the official ballot or ballots, as the case may be, - to be published once in a newspaper published in or of general circulation in the City. Such publication shall be made not more than ten (10) days nor less than three (3) , days prior to the.city election. The publication shall be made in conformity with the of the State of Nebraska pertaining thereto, as nearly as possible, and the rates charged for the publication shall be as provided by such laws. (Ref. 19- 3023RSNeb.) Elections; Ballots; Posting. The City, Clerk shall supply the messenger of,the election board in each precinct five (5) sample ballots for each polling place, and such sample ballots shall be posted before the polls open'on the morning of election day by the judges of election at or near the polling place, for the inspection of electors. (Ref. 19- 3024 - RSNeb.) Elections; Instructions to Voters. Prior to any City election the City Clerk shall cause instructions to voters to be printed, five (5) copies of which shall be furnished to the judges of election in each precinct one -half (2 ) hour prior to the opening of the polls on election and which shall be posted in each votirig place prior to the opening of the polls The instructions to voters shall be prepared, and printed as nearly as possible in conformity with the laws of the State of Nebraska. (Ref.19- 3025RSNeb. ) Elections; Ballots; Supplies. The City Clerk shall provide a sufficient number of ballots for each precinct in the City and shall deliver same in conformity with the laws of the State of Nebraska. Prior to the opening of the polls on the day of any City election, the City Clerk shall cause to be delivered, to the judges of election of each precinct, all of the necessary supplies for the conducting of the election. (Ref. 19 -3026, 19- 3027RSNeb. ) Elections; Polling Places. Prior to the publication of the notice of any City election, the . City Council shall by resolution, duly adopted at a regular meeting, or a regularly called special meeting, designate the location of each and every polling place in the City, and there must be a.polling place provided for each ward or each election district into which a ward may be divided. If readily accessible to the electors, several polling places may be located in one building, but other- wise be separate and apart. It shall be the duty of the City Council to see that the polling places are properly equipped prior to election day. (Ref.19- 3028RSNeb.) 3?26 3b-27 Elections; Poll Lists. The clerks of election in each precinct' shall keep a poll list of every person voting in their precinct as nearly as possible in the form and manner provided for state elections, and when the City election has closed, it shall be properly certified as required for state elections and it shall be transmitted to the City Clerk together with the return of the election and the ballots.(Ref. 19-3031RSNeb.) Elections; Challenge of Voters. If one or more of the judges of election in a precinct suspect that a person offering to vote does not possess the necessary qualifications for an elector at a City election, he may challenge such elector. If such person offering to vote is so challenged, one of the judges of election shall administer to him, the following oath or affirmation: "You do solemnly swear (or affirm) that you will fully and answer all such questions as shall be put to you, touching upon your qualifications as an elector in this election, so help you God." Thereafter, one or more of the judges of election may propound all the pertinent questions necessary to determine whether such person offering to vote possesses the necessary qualifications of an elector. If the judges of election be satisfied that such person offering to vote does not possess the necessary qualifica- tions of an elector, then the clerks of election shall be instructed to refuse to deliver to such person the ballot or ballots to be used such City election. If such challenge is successful', the judges of election shall make a brief memorandum in writing of the proceedings and certify the same, which memorandum shall be attached to the poll list returned to the City Clerk after the close of the City election. If the person challenged, as aforesaid, shall refuse to take the oath or affirmation so ten- dered, he shall not be permitted to cast a vote. It shall be the duty of any judge of election to challenge any person offering to vote whom he shall believe not qualified to be an elector. (Ref. 19-3032RSNeb.) - Elections; Counting BoarC When the polls have'closed, the judges of election, with the clerks of election tallying the same, shall immediately proceed to count fhe.votes cast, and ascertain the results of theelection,'except in such precincts as are required by law to have Counting Boards for such purposes. In Precincts'having a Counting Board, the.Counting of votes cast shall be as follows: three Go hours after the opening of the polls; the Receiving Board shall proceed with the counting. Having counted the votes in the ballot box, the Counting Board shall return the empty ballot box to the Receiving Board in exchange for the ballot box containing ballots cast since the first (1st) ballot box was delivered to them; Provided, that as many as twenty-five (25) ballots have been cast and deposited therein. The Counting Board shall continue to exchange ballot boxes in the eame manner during the day until the polls are closed and all the ballots have been counted. In the event the Counting Board or the judges of election acting as a Counting Board, as the case may be, cannot agree as to the leg4ity of the vote to be ,counted, then the clerks of election, acting on the Counting Board, shall have the same powers as the judges of election in determining the legality of such ballots. (Ref. 193033RSNeb.) Elections; Excessive Ballots. The counting of the votes shall not be made public and shall commence by comparison of the poll book from the beginning and a correction of any errors found therein. The ballot box shall then be opened and the ballots, without being unfolded, shall becounted by the judges ofElection, 3028 with the clerks of election tallying the same If the whole number of votes. east shall exceed the, number of persons. who voted, as shown by the poll books, the folded ballots shall then be replaced in the ballot box, the box locked, and the ballot box thoroughly shaken. The box shall then again be opened, and one (1) of the, judges of election shall, draw from the box as many ballots as.there shall have. been cast exceeding.the number of persons who have voted as shown by the poll'books. The number so withdrawn,. without being.unfolded, shall placed in a separate envelope, sealed, marked "Excessive Ballots" and shall be sent, after the closing of the polls, with the returns of the election and the other ballots to the City Clerk.. In precincts, having a double election Board the count. of the votes . shall be as follow: Whenever,any exchange of,ballot boxes is made as hereinbefore, prescribed, the election clerks of the receiving board shall furnish to thecounting board, a statement signed by the election judges the receiving board, of the number of ballOts that is to,be:found.in each ballot box as indicated by the p011 books, and,the counting board shall then proceed by the method herein-. before prescribed,to determine the number of ballots in the ballot boXes as received by them, compare the number of the same with the number of persons who have voted on the poll list fur- nished by the receiving board, and dispose of any,exdess ballots as hereinbefore provided. The counting board shall then proceed to .count and .record the remainder of the votes as provided by law. (Ref. 19-3034RSNeb.) Elections; Returns. Upon the completion of the counting of the votes in their respective precincts at a City election, the judges and.clerks of election composing the counting boards shall, from the completed tally lists kept as provided by law, prepare returns of election as follows: 1. A separate return of the vote in their precincts for, the candidates for the various offices, showing the name of each candidate, and the office he was seeking, and the total vote cast for each such, candidate; and 2. A separate return showing the total vote cast for or against each measure, propodtion, or issue submitted at the election. The return, or returns, as the case, may be, shall then be certified by all the judges and clerks of ,election composing the counting board, as showing the correct total vote received by each candidate and showing the correct total vote for and against any measure, proposition or issue submitted at such City election; and the same shall then be sealed in a separate envelope marked; „ Return of all Votes Cast in Precinct No, at a General (or special) City Election held in the City of Blair, Nebraska, on the day of 19 and then the same shall be delivered to the City Clerk along with the poll books and ballots as provided by law. (Ref. 19-3037RSNeb.) Elections; Poll Books and Ballots; Custody. After the counting board has completed its duties, the poll books shall be attested as provided by law. After the close of a City election and,the counting of the ballots, and the canvass of the votes, the City Clerk shall have full custody of the ballots cast, ballots rejected, poll books and returns of the counting boards in each precinct of the City. One (1) copy of the returns and one (1) copy of the po11 ;book from, each precinct, shall be filed and pre- served as a part of the records of the City Clerk's office and kept for public inspection. The ballots cast, ballots rejected and the poll books and returns from each precinct shall not be subject to inspection except as provided by law. (Ref. 19-3038, 19-3039RSNeb.) 32 9 Elections; Canvassing. At a meeting to be held on Monday following any City election, the Mayor and City Council shall organize as a canvassing board and shall designate a chair- man, and with the City Clerk acting as clerk thereof, then open the poll books of each precinct in the City and from the returns therein, canvass all the votes cast at such election and make written abstracts of the votes cast for each candidate for office or for or against any measure, proposition or issue that was voted upon at such election. Such canvass shall be conducted as nearly as possible in conformance to the State election laws. All such abstracts of the canvassing board shall be certified by all the members of the board present at the meeting, and then be filed with the City Clerk and the same shall be preserved in his office as a public record. A quorum of the canvassing board, determined as when the members sit as a Council, at a regular meeting, may transact its business. (Ref. 16-307, 19-30'ORSNeb.) Elections; Certificate of Election. After the canvass of the vote at such City Election has been completed, the City Clerk shall prepare a certificate of election for each person whom the Canvassing Board has declared to have received the highest vote, and in the form as nearly as possible, prescribed by State election laws, which shall be signed by the Mayor under the seal of the City Clerk, and which shall then be delivered to the person so elected. (Ref.. 16-307,19-3041RSNeb.) Elections; Absentee Voters. The provisions of the State election laws relating to the procuring, casting, counting, certifying and canvassing of a vote by an absent, sick or disablaielector in the case of a State election shall apply to such persons desiring to east their ballots in any City election, except that any vote cast by such persons must be in the hands of the City Clerk before the Monday following such City election, otherwise such ballot cast shall not be counted. The City Clerk shall prepare and have printed, at the cost of the 'City, all ballots, forms and supplies that may be necessary to be used to enable such absent, sick or disabled elector to so cast his ballot, and shall adapt as nearly as possible all forms therfor that were prepared by the Secretary of State of the State of Nebraska for the preceding State election. The' ballots furnished to such eleftors shall be prepared and printed as other official ballots. (Ref. 19-3051RSNeb.) Section 2. That these Sections, and any other ordinance or Section passd and approved prior to the passage, approval and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3._ This ordinance take effect. and be in full force from and after its passage, approval and publication as required by law. Passed and approved this 9th day of March, 1976. Attest: L. W. Svendgaard, City Clerk (Seal) 11 Jh 11111 1 p0M1 I 4 Al fzi e d ick;^(1Ma y o r 11,1114,. A I 11111811.1 I .1h1 II 1 ,. mhuas1 A 11.a. hJIl 3434- OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 oiclock, P.M. Mayor Sick presided at the meeting and City Clerk L. W. Svendgaard recorded the proceedings of the 77 meeting. ROLL CALL The Mayor directed the Clerk tO call the roll, and on roll call Councilmen Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilthan Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of, ordinances was now in order. It was moved by Councilman S. Jensen and seconded by Councilman Long that the minutes of the proceedings of the Mayor and Council in the matter of'the passage and approval of Ordinance No. 1178 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. Council- man Rennerfeldt called for the question.. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1178 Introduction of Ordinance No 1178 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1178 of the City of Blair, Nebraska. This Ordinance No. 1178 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1178 AN ORDINANCE TO AMEND THE PENAL SUM FOR BONDS SECURITIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE NEBRASKA. Section 1. That Chapter 1, Article 9, Section Municipal Code of the City of Blair, Nebraska, as follows: Blair, Nebraska March 9, 1976 ON DEPOSITORY CITY OF BLAIR, 1-910 of the be amended to read Fiscal Management; Depository Securities. In lieu of the bond required herein, any bank making application to become a depository may deposit with the Municipal Clerk, United States government bonds, bonds of the State of Nebraska, or of any state whose bonds are purchased by the Board of Educational Lands and Funds of this state for investment of the Permanent School Fund, warrants of the State of Nebraska, County bonds, Municipal bonds or school district bonds of any County, City, Village or school 3 635 district in the State of Nebraska issued under the direction of and with the approval of the Auditor of Public Accounts, bonds and debentures issued either singly or collectively by any of the twelve (12) federal land banks, the twelve (12) intermediate credit banks, or the thirteen (13) banks for cooperatives under the supervision of the Farm Credit Administration, or warrants of. the County or any City,,Village or school district in the County; Provided, that the penal sum of said bond or the sum of said pledge of assets shall be of the value equal to or greater than the amount of the deposit in excess of that portion of the said deposit insured by the Federal Deposit Insurance Corporation. The depository bank furnishing securities above described shall have the right to substitute other approved securities herein provided for in lieu of securities already pledged if it so desires at any time. (Ref.16- 715RSNeb.) Section 2. That the original Section 1 -910 and any other Section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Passed and approved this 9th day of March, 1976. Attest: L. W. Svendgaard, City Clerk (Seal) FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1178 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1178 by title upon its first reading. Whereupon Councilman S. Jensen moved that Ordinance No. 1178 be approved on its first reading and its title agreed to. Councilman Long seconded the motion and Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon; Yeas :, Ellis, Jenny, D. Jensen, S Jensev., Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1178 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman S. Jensen that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded 3639 OPENING Blair, Nebraska March 9, 1976, 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Neef and seconded by Councilman Long that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1179 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. Council- man S. Jensen called for`the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1179 Introduction of Ordinance No. 1179 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance. No. 1179 of the City of Blair, Nebraska. This Ordinance No. 1179 was introduced by Councilman -S. Jensen and is in words and figures as follows: ORDINANCE NO. 1179 AN ORDINANCE TO AMEND THE CONDITIONS WHEN THE MAYOR MAY VOTE ON, .CONTRACTS . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 1, Article 9, Section 1 -921 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Fiscal Management; Contract Vote. On the passage or adoption of every resolution or order to enter into a con - tract, or accepting of work done under contract, by the Mayor or Council, the "yeas" and "nays" shall be called and entered upon the record. To pass or adopt any by -law, ordinance, or any such resolution, or order a concurrence of a majority of the whole number of the members elected to the Council shall be required. The Mayor may vote on any such matter when his vote shall be decisive and the Mayor shall, for the purpose of 3640 such vote, be deemed to be a member of the Council. (Ref. 16-503 RSNeb.) Section 2. That the original Section 1 -921 and any other Section passed and approved prior to passage, approval, and Publication of this ordinance and in conflict with the, provisions therewith are hereby repealed. . Section 3. This ordinance shall take effect and be in full: force from and after its passage, approval, and publication as required by law. Passed and approved this 9th day of March, • 1976. Attest: L. W. Svendgaard, CityClerk (Seal) Alfred O. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1179 of. the City: of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1179 by title upon its first reading. Whereupon Councilman Neef moved that Ordinance No. 1179 be approved on its first reading and its title agreed to. Councilman Long seconded the motion and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1179 approved on its first reading and its title agreed to. .SUSPENSION OF RULES , Whereupon it was moved by Councilman Neef that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman Long and. Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays None. --� Absent: Pounds. Motion: Carried. FINAL READING Ordinance No. 1179 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No. 1179 by title upon its final reading. 31i- Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS • Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman D. Jensen and seconded by Councilman Neef that the minutes of the proceedings of the Mayor and. Council in the matter of the passage and approval of Ordinance No. 1180 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. Council- man Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yea Ellis,' Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1180 Introduction of Ordinance No. 1180 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1180 of the City of Blair, Nebraska. This Ordinance No. 1180 was introduced by Councilman Jenny and is in words and figures as follows: ORDINANCE NO.'1180 AN ORDINANCE TO AMEND THE CONTRACT APPROVAL PROVISIONS TO ALLOW THE MAYOR AND COUNCIL THE AUTHORITY TO NEGOTIATE CONTRACTS, WHEN FEWER THAN TWO (2) BIDS ARE RECEIVED FOR A PROJECT OR WHEN ALL. IDS EXCEED THE ESTIMATED COST OF THE PROJECT. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR,. NEBRASKA . Section 1. That Chapter 1, Article 9, Section 1-927 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Fiscal Management; Contraet Advertising. Before the Council shall make any contract in excess of five thousand ($5,000.00) dollars for general improvements, such as water extensions, sewers, public heating systems, bridges or work on streets, any motor or other mechanical equipment, including parking meters and street machinery, or any other work or 3645 improvement where the cost of such improvement shall be assessed to the property, an estimate of the cost thereof shall be made by the Municipal 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 exaceeding five thousand ($5,000.00) dollars without advertising for bids. In advertising for bids for any such work, or for the purchase of such equipment, the Council shall cause the amount of such estimate to be published herewith. Such advertisement shall be published at least ten (10) days in some newspaper of general circulation published in the City; Provided, that in case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious 1oSs of or serious injury or damage to life, health, or property, estimates of costs andadvertising for bids may be waived in the emergency ordinance when adopted by a three - fourths (3/4) vote of the Council and entered on record. If after advertising for bids as provided in this Section, the Governing Body received fewer than two (2) bids on a contract for any work or improvement, or if the bids received by. the Governing Body contain a price which exceeds the estimated cost of the project, the Governing Body shall have the authority to negotiate a contract in an attempt to complete the proposed project at a cost commensurate with the estimate given. If the' materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the Governing Body, or Board of Public Works, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing Municipality, the Governing Body or Board of Public Works, may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer. (Ref. 16- 321RSNeb.) Section 2. That the original Section 1-927 and any other Section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with the pro- visions therewith are hereby, repealed. S 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Passed and approved this 9th day of March, 1976. Attest: L. W. Svendgaard, City Clerk (Seal) Alfred 0. Sick, Mayor 3 4-5 0 OPENING The Mayor and Council of the City of Blair, WashingLon 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 meting. ROLL CALL The Mayor direeted the Clerk to can the roll, and on roll call Councilmen Ellis Jenny, D. ,Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS ORDINANCE NO. 1181 Blair, Nebraska March 9, 1976 Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Long and seconded by Councilman Neef that the minutes of the Proeeedings of the Mayor and Council in the matter of the page ind approval of Ordinance No. 1181 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 D. Jensen called for the question, The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1181 Introduction of Ordinance No. 1181 of the City of Blair, Nebraska, and, the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1181 of the City of Blair, Nebraska. This Ordinance No. 1181 was introduced by Councilman D. Jensen and is in words and figures as follows: • AN'ORDINANCE TO DEFINE NUISANCES; TO AN ABATEMENT PROCEDURE; AND TO ESTABLISH THE JURISDICTION FOR CONTROL OF NUISANCES. . BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 4, Article 5, Sections 4-501 thru 4-504 of the Municipal Code of Blair, Nebraska, read as follows: - Nuisance; Generally Defined. A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either: 11 rn 11 301 1. Injures or dndangers the comfort, repose, health, or safety of others, 2. Offends decency, 3.. Is offensive to the senses, 4. Unlawfully,interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the Munici- pality. 5. In any way renders other persons insecure in life or the use of property, or ' L , 6. Essentially intarf9res with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. (Ref. 16-240, 18-1720 RS Neb.) Nuisance; Specifically Defined. The maintaining, using, placing, deppsiting, leaving, or permitting of anSx of the following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: 1. ' Any odorous, pu7.rid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl. 2. Privies, vaults, cesspools, dumps, pits or like places which are not s curely protected from flies or rats, or which are foul r malodorous. 3. Filthy, littere or trash-covered cellars, houseyards, barnyards, stabLe-yards, factory-yards, mill yards, ' vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises. 4, Animal manure ti any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the Municipality. 5'. Liquid household waste, human excreta, garbage, butcher's i7.trigimings and offal, parts of fish or any waste vegetable or animal matte: in any quantity; Provided, nothing herein contained shall prevent the temporary retention of waste .in receptacles in a manner provided by the health officer of the Municipality, nor the dumping of non-putrifying waste in a place and manner approved by the health officer. 6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-abrac, broken 'stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bind or galvanized iron receptacles, 7. Trash, litter, crates, mattres straw or other scrap iron, tin automobiles or when any of sai in which flies may be a fire d depreciate prop 8. Any unsightly b or any old, aba structure or an unfinished, whi structures are ags, accumulations of barrels, boxes,urates, es, bedding, excelsior, packing hay, acking material, lumber not neatly piled, or other metal not neatly piled, old arts thereof, or any other waste materials articles or materials create a condition r rats may breed or multiply, or which nger or which are so unsightly as to rty values in the vicinity thereof. ilding, billboard, or other structure, doned or partially destroyed building or building or structure commenced and left h said buildings, billboards or other ither a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the 'Value of property in the vicinity thereof. 9. All places used or maintained as junk yards, or dumping grounds, or for the wrecking anddissembling of automobiles, trucks, tractors, or machinery of any kind, or for the packing —, 36 storing or leaving of worn-out, wrecked or abandoned auto- mobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property fl values in the vicinity thereof. 10. Stagnant water permitted or maintained on any lot or piece of ground. 11. Stock yards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or, on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are eonfined, or said pre- mises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a manner as to be iniurious, to the public health. 12. All other things specifically designated as nuisances elsewhere in this Code. (Ref, 16-240, 18-1720 RS Neb.) Nuisances; Abatement Procedure. It shall be the duty of every owner, occupant, lessee, or, mortgagee of real estate in the Municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that said owner, occupant, lessee, or mortgagee has failed to keep such real estate free of public nuisances, the Governing Body shall thereupon cause notice to be served upon the owner, oecupant, lessee, mortgagee or agent thereof, by publication and by certified mail. Such notice shall describe the condition as found by the Board of Health and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. If the person receiving the notice has not complied therewith or taken an appeal from the determination of the Board of Health within five (5) days after receipt of certified mail or within five (5) days after date of publication whichever is later, the Board of Health shall notify the Governing Body of such noncompliance and the Governing Body shall, upon receipt of such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant, lessee, or mortgagee, or agent of the real estate. Such notice of hearing shall be by personal service or certified mail and require such party or parties to appear before the Governing Body to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required by the Governing Body. Such notice shall be given not less than five (5) days prior to the time of hearing, provided that whenever the owner, lessee, occupant, or mortgagee of such real estate is a non-resident or cannot be found in the State, then the Municipal Clerk shall publish, in a newspaper of general circulation in the Municipality, such notice of hearing for two (2) consecutive weeks, the last publication to be at least one (1) week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the Governing Body shall hear all objections made by interested parties and shall hear 3653 evidence submitted by the Board of Health. If after considera- tion of all of the evidence, the Governing Body shall find that the dsaid condition is a public nuisance, it shall, by resolution, order and direct-the owner, occupant, lessee, or mortgagee to remedy the said public nuisance at once; Provided, the party or parties may appeal such decision to the appro- priate court of adjudication, during which proceedings the decision of the Governing Body shall be,stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the Governing Body, the Governing Body shall proceed to cause the abatement of the described public nuisance. Upon completion of the work by the Municipality, a statement of the cost of such work shall be transmitted to the Governing Body, which is authorized to bill the property owner or occupant, or to levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.' (Ref. 16 -230, 16 -240, 18-1720 RS Neb.) Nuisances; Jurisdiction. The Mayor and Chief of Police of the Municipality are directed to enforce this Municipal Code against all nuisances. The jurisdiction of the Mayor, Chief of Police, and court shall' extend to, and the territorial application of this Chapter shall, include, all territory adjacent to the limits of the Municipality within two (2) miles thereof and all territory within the corporate limits. (Ref. 18 -1720 RS Nebr.) Section 2. That any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as'required by law. Passed and approved this 9th day of March, 1976. Attest: L. W..Svendgaard, City Clerk (Seal) FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No; 1181 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1181 by title . upon its first reading. Whereupon Councilman Long:Imoved that Ordinance No 1181 be approved on its .a-first' reading and its title agreed to. Councilman Neef seconded the motion and Councilman D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: OPENING 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, 3657 ROLL CALL Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. . Absent: Pounds. Motion:. Carried. Blair, Nebraska March 9, 1976 The Mayor directed the Clerk to call the roll, and on roll call Councilmen Ellis, Jenny, D. • Jensen, S. Jensen, • Long, ! Neef, and Rennerfeldt were present. Councilman Pounds was absent.. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction ofordinances was now in order. It was moved by Councilman D. Jensen and seconded by Councilman Long that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1182 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. ORDINANCE NO. 1182 Introduction of Ordinance No. 1182 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1182 of the City of Blair, Nebraska. This Ordinance No. 1182 was introduced by Councilman Ellis and is in words and figures as follows: ORDINANCE NO. 1182 AN ORDINANCE TO PROHIBIT DRIVING ABREAST EXCEPT WHEN PASSING, WHEN TRAVERSING A MULTI-LANE OR ONE-WAY STREET, OR WHEN OPERATING TWO (2) MOTORCYCLES IN A SINGLE LANE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 5, Article 6, Section 5-603 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Driving Abreast: Two (2) or more vehicles shall not be driven abreast except when passing, or when traversing a multi-lane or one-way street; Provided, motorcycles may be driven no more than two (2) abreast in a single lane. (Ref. 39-628, 39-694 RS Neb.) Section 2. That the original section 5-603 end any other Section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. L. W. Svendgaard, City Clerk (Seal) Passed and approved this 9th day of March, 1976. Attest: 3458. FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1182 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1182 by title upon its first reading. Whereupon Councilman D. Jensen moved that Ordinance No. 1182 be approved on its first reading and its title agreed to. Councilman Long seconded the motin 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. ' 1182 approved on its first reeding,and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman D. Jensen that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman Long 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. FINAL READING Alfred O. Sick, Mayor Ordinance No. 1182 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No. 1182 by title upon its final reading. 3662 OPENING Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. ,Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Ellis and seconded by Councilman S. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1183 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 Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S +. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1183 Introduction of Ordinance No. 1183 of the City of Blair, Nebraska, and the matter now coming before the Mayor and .Council was the passage and approval of Ordinance No. 1183 of the City of Blair, Nebraska. This Ordinance No. 1183 was introduced by Councilman Long and is in words and figures as. follows: ORDINANCE NO. 1183 AN ORDINANCE TO PROHIBIT THE OPERATION OF A MOTOR VEHICLE WHEN THE FRONT SEAT OF SUCH VEHICLE IS SO OVERCROWDED AS TO RESTRICT THE VIEW AND CONTROL OF THE DRIVER. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter 5, Article 6,•Section 5 -611 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Crowding; Front Seat. No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of such vehicle. (Ref. 39 -677 RS Neb.) Section 2. That the original Section 5-611 and any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed. Section 3. This ordinance shall - take effect and be in full force from.'and after its passage, approval, and publication, or posting as.required by law. Passed and approved this 9th day of March, 1976. • Attest: L. W. Svendgaard, City Clerk (Seal) 3'1to3 FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1183 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1183 by title, upon its first reading. Whereupon Councilman Ellis moved that Ordinance No b1 approved on its first reading and its title agreed to. Councilman S. Jens tn. seconded the motion and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. • Whereupon the'Mayor declared said Ordinance No. 1183 approved on its first reading,and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Ellis that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman S. Jensen and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the . vote thereon. Yeas: Ellis, Jenny, D. Jensen,S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. - Motion: Carried. Ordinance No. 1183 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No., 1183 by title upon its final reading. FINAL READING 3167 OPENING Blair, Nebraska March 9, 1976 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 Ellis, Jenny, D. ,Jensen, S. Jensen, Long, Neef, and Rennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor ,announced that the introduction of ordinances was now in order. It was moved by Councilman Long and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1184 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 D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Abs ent Pounds. Motion: Carried. ORDINANCE NO. 1184 Introduction of Ordinance No. 1184 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1184 of the City of Blair, Nebraska.. This Ordinance No. 1184 was introduced by Councilman D. Jensen and is in words and figures as follows: ORDINANCE NO. 1184 AN ORDINANCE TO PROHIBIT STEALING AND TO MAKE STEALING PROPERTY OF A VALUE OF LESS , THAN THREE HUNDRED ($300.00) DOLLARS A MISDEMEANOR. BE IT ORDAINED BY THE MAYOR'AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA. Section 1. That Chapter, 6, Article 3, Section 6 -306 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Misdemeanors; Larceny. It shall be unlawful for any person within the corporate limits to steal any money, goods, or chattels of any kind whatever. Any person who shall steal property of any kind, whether the same be entirely in Attest: L. W, Svendgaard, City Clerk (Seal,) 3 money or entirely property of the value of less than three hundred ($300.00) dollars shall be deemed,to be guilty of a misdemeanor. (Ref. 28- 512,.28 -514 RS Neb.) Section 2. The original section 6 -306 and any other section passed and approved prior to passage, approval, and publica- tion this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force' from and after its passage, approval, and publication as required by law. Passed and approved this 9th day of March, 1976. Alfred 0. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1184 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance' Mo. -1184 by title upon its first reading. Whereupon Councilman Longmoved that Ordinance No. 1184 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas E11'is, Jenny, D. Jensen, S. Jensen, 'Long, Neef; Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1184 approved on its first reading and its title agreed to. SUSPENSION OF RULES Whereupon it was moved by Councilman Long that the statutory rules requiring reading on three different days be suspended for consideration of this ordinance. It was seconded by Councilman Ellis and Councilman D. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. 3672 OPENING 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 Ellis, Jenny, D. ,Jensen, S. Jensen, Long; Neef,. and Rennerfeldt were present. Councilman Pounds 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 Neef that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1185 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 S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE N0, 1185 Introduction of Ordinance No. 1185 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1185 of the City of Blair, Nebraska. This Ordinance No. 1185 was introduced by Councilman S. Jensen and is in words and figures as follows: ORDINANCE NO. 1185 Blair, Nebraska March 9, 1976 AN ORDINANCE TO PROHIBIT THE EXPLOSION OF FIREWORKS EXCEPT PERMISSABLE FIREWORKS AND TO DEFINE WHAT ARE PERMISSABLE FIREWORKS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 6, Article 3, Section 6 -335 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Misdemeanors; Firecrackers. It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except sparklers, vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charges for the purpose of making a noise, color 1 Attest: L. W. Svendgaard, City Clerk (Seal) 3673 wheels, lady fingers, not exceeding seven-eighths (7/8) inch in length or one-eighth (1/8) inch in diameter, and which do not contain more than one half (k) grain each in weight of explosive material. (Ref. 28-1003.07 RS Neb.) Section 2. That the original section 6-335 and any other section passed and approved prior to.passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be.in full force from and after its passage, approval, and publication as required by law.' Passed and approved this 9th day of March, 1976 Alfred O. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1185 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1185 by title upon its first reading. Whereupon Councilman Jenny moved that Ordinance No. 1185 be approved on its first reading and its title agreed to. Councilman Neef seconded the motion and Councilman S. Jenson called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef,Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1185 approved on its first reading and its title agreed to. SUSPENSION OF RULES 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 Neef and Councilman S. Jensen called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. 3477 OPENING Blair, Nebraska March 9,. 1976 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 preaided at the meeting and City Clerk L. W. Svendgeard recorded the proceedings , of the meeting. ROLL CALL The. Mayor directed the Clerk to call the roll, and on roll call Councilmen Ellis, Jenny, D.,Jensen,S. Jensen, Long,.Neef, and Rennerfeldt were present. Councilman Pounds was. absent. ORDER OF Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman D. 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. 1186 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 Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. 'Motion: Carried. ORDINANCE NO. 1186 Introduction of Ordinance No., 1186 of the City of Blair, Nebraska, and the matter now coming before the, Mayor and Council was the passage and approval of Ordinance No. 1186 of the City of Blair, Nebraska. This Ordinance No. 1186 was introduced by Councilman S, Neef t ) and is in words and figures as follows: ORDINANCE NO. 1186 AN ORDINANCE TO AMEND THAT SECTION OF THE MUNICIPAL CODE ENTITLED "DRINKING IN PUBLIC" TO EXEMPT LIQUOR ESTABLISHMENTS LICENSED BY. THE STATE OF NEBRASKA FROM THE PROVISIONS OF THAT SECTION. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 6, Article 3, Section 6 -341 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Misdemeanors; Drinking in Public. It shall be unlawful for any person to consume alcoholic beverages in the public streets, alleys, roads, highways, or upon any property owned by the Municipality or other governmental 3478 subdivision thereof, or inside vehicles while upon the public streets, alleys, roads, or highways, in theatres, dance halls, or, any other' place open to the public; Provided, the provisions of this Section shall not apply to liquor establishments licensed by the State of Nebraska. (Ref. 53-186 RS Neb.) Section 2. That the original Section 6-341 and any ordinance passed and approved prior to the passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law. • Attest: (Seal) Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk Alfred 0. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1186 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1186 by title upon its first reading. Whereupon Councilman D. Jensen moved that Ordinance No, 1186 be apprbved oh its first reading and its title agreed to: Councilman Jenny seconded the motion and Councilman Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. WhereupOt the Mayor declared said Ordinance No 1186 approved on its first reading and its title agreed to. SUSPENSION OP RULES Whereupon it was moved by Councilman D. Jensen 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 Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. • Nays: None. Absent: Pounds. Motion: Carried. 7 .1 T 1 3 OPENING 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 Ellis, Jenny, D.'Jensen, S. Jensen, Long, Neef, andaennerfeldt were present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of.ordinances was now in order. ' It was moved by Councilman S. Jensen and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1187 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 Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yea's: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1187 Introduction of Ordinance No. 1187 of the City of Blait, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1187 of the City of Blair, Nebraska. This Ordinance No. 1187 was introduced by Councilman Jenny and is in words and figures as follows: ORDINANCE NO. 1187 Blair, Nebraska March 9, 1976 AN ORDINANCE TO DEFINE AS A NUISANCE ALL TREES IN A DISEASED, DEAD, OR DYING CONDITION, TO GRANT AUTHORITY TO THE (MUNICIPAL POLICE, STREET COMMISSIONER, etc.) TO INSPECT TREES ON PRIVATE APROPERTY, TO PROVIDE A PROCEDURE FOR REMOVAL OF SUCH TREES BY THE MUNICIPALITY AFTER THE OWNER'S FAILURE TO DO S0, AND TO PROVIDE A PROCEDURE FOR ASSESSMENT TO RECOVER COSTS INCURRED BY THE MUNICIPALITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 6, Article 3, Section 6 -329 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Misdemeanors; Dutch Elm Disease. All trees of the species and varieties of elm, zelkov8,.and planera that are in a diseased, dying or dead condition and that may serve as a breeding place for the European Elm Bark Beetle, Scolytus Multistriatus, are hereby declared to be a public ntisanee and shall be removed from the private property on which they are located upon notice by the Municipal Police. For the purpose of carrying out the provisions of this section, the Municipal Police shall have the authority to enter on private property to inspect the trees thereon. In the event that the trees are diseased or doad, notice shall be given to the owner of the property by mail or personal service and such, notice shall allow the said owner ten (10) days to remove and burn the said tree or trees.- In the event that the owner is a non- resident, notice shall be made by publication in a. newspaper of general circulation, or by mail if the name and address is known. The person charged with the removal and burning may enter into an agreement with the Municipality that such work be accomplished by the Municipality and the expense and interest shall be declared to be a lien upon such property from the time the same becomes due until laid. If the owner fails, neglects, or refuses to enter into such an agreement, or to remove the trees, the Municipal Police may enter upon the property and proceed to direct the removal and burning of the trees and the cost thereof shall be assessed against the property and certified by the Municipal Clerk to the County Treasurer to be collected in the manner prescribed by law. Failure to remove and burn the said trees shall be deemed to be a misdemeanor. (Ref. 18 -1720 RS Neb.) In the event the property owner is a non - resident of the county in which the property lies, the Municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non- resident property owner. The last known address shall be that address listed on the current,tax rolls at the time such required notice was first published. Section 2. That the original. section 6-329 and any other section passed and approved prior to passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be'in full force from and after its passage, approval,. and publication as required by law., Attest: Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk (Seal) 3 483 Alfred 0. Sick Mayor $.1a I....1 I 1 111't mull III@ a$&.:i 91II liiAi. PN911i 3 6.8 8 OPENING The Mayor and Council of the City of Blair, Wash- . itigton 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 March 9, 1976 The Mayor directed the Clerk - to call the roll, and on roll call Councilmen Ellis, Jenny, D. Jensen,'S. Jensen, Lpng, Neef, and•Rennerfeldt were. present. Councilman Pounds was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman S. Jensen and seconded by Councilman Long that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1188 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 Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. .Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerfeldt. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO, 1188 Introduction of Ordinance No. 1188 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1188 of the City of Blair, Nebraska. This Ordinance No. 1188 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1188 AN ORDINANCE TO REQUIRE THE OWNER OF ANY REAL ESTATE IN THE MUNICIPALITY TO CUT ALL VEGETATION THAT IS NOXIOUS, OBSTRUCTS TRAVEL ON PUBLIC WAYS, OR CREATES A FIRE OR HEALTH HAZARD; TO. GRANT AUTHORITY TO THE MUNICIPALITY TO CUT SUCH VEGETATION AFTER THE OWNER'S FAILURE TO DO SO; AND TO PROVIDE A PROCEDURE FOR ASSESSMENT TO RECOVER COSTS INCURRED BY THE bUNICIPALITY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. That Chapter 6, Article 3, Section 6 -328 of the Municipal Code of Blair, Nebraska, be amended to read as follows: Misdemeanors; Weed Removal. It shall be the duty of every owner of real estate in the Municipality to cut and clear such real estate, together with one half of the streets and alleys abutting thereon, of all weeds and worthless vegetation. Such weeds and worthless vegetation shall be cut so as not to extend more than eighteen (18) inches above the ground. Subsequent to the cutting of the 'said weeds, all loose vegetation shall be immediately removed. Upon the failure of the owner, lessee, or occupant having control of any such real estate to cut and clear the said weeds and worthless vegetation as set forth here - inbefore, the Municipal Police shall serve notice on the said owner, lessee, or occupant to do so. In the event that the weeds and vegetation have not been removed after a period of five (5) days,. the Governing Body may order the same to be done under the direction of the Municipal Police, and the cost thereof shall be assessed against the real estate. If the owner fails to reimburse the Municipality after being properly billed, the Governing Body shall have the assessment certified to the County Treasurer and the same shall be collected in the manner provided by law. (Ref. 16 -230, 18 -1719 RS Neb.) In the event the property owner is a non- resident of the county in which the property lies, the Municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt re- quested to the last known address of the non- resident property owner. The last .known address shall be that address listed on the current tax rolls at time such required notice was first published. Section 2. That the original section 6 -328 and any other section passed and - approved prior to passage, approval, and publication of this ordinance and in conflict with the provisions therewith are hereby repealed. Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication as required by law. Attest: Passed and approved this 9th day of March, 1976. L. W. Svendgaard, City Clerk (Seal) 3689 FIRST READING Alfred O. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1188 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1188 by title upon its first reading. 394 OPENING Blair, Nebraska April 27, 1976 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 City4Clerk 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, 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 Rounds and seconded by Council - man Rennerfeldt that the minutes of the proceedings of the Mayor and, Council in the matter of the passage and approval of Ordinance No 1189 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. 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1189 Introduction of Ordinance No. 1189 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1189 of the City of Blair, Nebraska. This Ordinance No. 1189 was introduced by Councilman Jenny.and is in words and figures as follows: ORDINANCE NO. 1189 AN ORDINANCE DIRECTING THE CONVEYANCE OF LOTS FIVE (5) AND SIX (6) IN . BLOCK THREE (3) IN KENNARD' S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, 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 the City of Blair is now the owner of the following described real estate, to -wit: Lots Five (5) and Six (6) in Block Three (3) in Kennard's Addition to the City of Blair, Washington County, Nebraska, and it is in the best interest of the City of Blair that said real estate be sold. SECTION 2. That Ross Rasmussen has offered to purchase said real estate for the sum of $2,000.00, and that said offer is fair.: and reasonable and is herewith accepted. SECTION 3. That the Mayor and City Clerk upon receipt of the purchase price in the amount of $2,000.00 are hereby authorized and directed to execute a Quitclaim Deed to the said Ross Rasmussen, provided however that prior to said conveyance notice of said sale shall be published for three (3) weeks in the official news- paper of the City and further provided that if a remonstrance signed by the legal electors equal to 30% of the electors of the City of Blair voting at the last regular municipal election shall be filed with the City Council within thirty (30) days of the passage and publication of this ordinance, then said property shall not be sold. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in force and take full effect from and its passage,.approval and publication as provided by law. ATTEST: Passed and approved this 27th day of April, 1976. L. W. Svendgaard, City Clerk (Seal) 3 895 FIRST READING SUSPENSION OF RULES Alfred 0. Sick, Mayor The Mayor directed the. Clerk to read by title Ordinance No. 1189 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1189 by title upon its first reading. Whereupon Councilman Pounds moved that Ordinance No. 1189 be approved on its first reading and its title agreed to. Councilman Rennerfeldt 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1189 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 Rennerfeldt and Councilman Ellis called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: 3' OPENING The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 7:30 orclock, 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds and Rennerfeldt were present. Councilman Neef reported after roll call. 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 Long that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1190pbe 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. 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef reported after roll call. Motion: Carried. ORDINANCE NO. 1190 Blair, Nebraska May 11, 1976 Introduction of Ordinance No. 1190 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1190 of the City of Blair, Nebraska. This Ordinance No. 1190 was introduced by Councilman Jenny and is in words and figures as follows: ORDINANCE NO. 1190 AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 132 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: On 28th Avenue from the existing concrete pavement North to Westridge Drive from 28th Avenue West to the existing concrete pavement, all in the City of Blair, Washington County, Nebraska, by paving the same, having been presented and filed with the City Clerk, there is hereby created Street Improvement District No. 132 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 sate, the grade of said'streets to conform to the grades.a•s established by the City of Blair and said improvements to be made according 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 Improve - ment District No. 132 and subject. to special assessments 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 improved, to-wit: Lots One (1) through Twelve (12) inclusive, and Lots Fourteen (14) through Twenty -Eight (28) inclusive, in College Heights Addition to.the :City.of.Blair, Washington County, Nebraska, and Tax Lot Fifty -Eight (58) in'Section Three (3), and Tax T,ot Sixty . (60) in Section Two • (2) , all in Township Eighteen (18).North, Range Eleven (11), East of the Sixth Principal Meridian in Washington County, Nebraska. 3700 SECTION 4. The cost of said improvements in said Im- provement 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 publication as provided by law. Attest: (Seal.) ... Passed and approved this llth day of May, 1976. L. W. Svendgaard, City Clerk FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1190 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1190 by title upon its first reading. Whereupon Councilman Rennerfeldt moved that Ordinance No. 1190 be approved on its first reading and its title agreed to. Councilman Long 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds 43 Rennerfeldt. Nays: None. Absent: Neef reported after roll call. Motion: Carried. 3704 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 Ellis, Jenny, D. Jensen, S. Jensen, Long,`. Pounds and Rennerfeldt were present. Councilman Neef reported after roll call. ORDER OF BUSINESS Blair, Nebraska May 11, 1976 Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman Pounds and seconded by Councilman D. Jensen that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1191 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. 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, .Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. ORDINANCE NO. 1191 Introduction of Ordinance No. 1191 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1191 of the. City of Blair, Nebraska. This Ordinance No. 1191 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1191 AN ORDINANCE AMENDING SECTION 12 -102 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, BY INCREASING SUBDIVISION ACREAGE REQUIREMENTS FROM 5 TO 10 ACRES, 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 Section 12-102 of the Municipal Code of the City of Blair is hereby amended, to read as follows: GENERAL PROVISIONS; DEFINITIONS. For the purpose of these regulations, which shall be known and cited as The Land Subdivision Regulations" of the City of Blair, Nebraska, certain words used herein, are defined as follows: ALLEY. An alley is a public or private thoroughfare which affords only secondary access to property abutting thereon. Nebraska: Nebraska.. 3105 BLOCK. A tract or parcel of land bounded by public streets or lands, streams, railroads, unplatted lands or a combina- tion of 'same. CITY.. City of Blair, Nebraska. CITY ADMINISTRATOR. Administrator of the City. of Blair, CITY CLERK. City Clerk of the City of Blair, Nebraska. CITY COUNCIL. City Council of the City of Blair, CITY ENGINEER. The engineer ordinarily retained by the City of Blair, Nebraska, for the recommendation, advice and prose- cution of engineering work as requested by the City. COMPREHENSIVE PLAN. The master plan for the improvement and development of the City of Blair, Nebraska, as adopted by the City's Planning Commission, and Council in accordance with the laws of the State of Nebraska, and the ordinances of the City of Blair. CUL -DE -SAC. A short public way with one end open to traffic and the other end terminated by a vehicular turn - around. DEAD END STREET. A public way which has only one outlet for vehicular traffic and,does not terminate, in a vehicular turn - around. DETICATION. The intentional appropriation of land by the orrimer t� some public use. DEVELOPER. See "Subdivider." EASEMENT. A grant by the property owner of the use of a strip of land by the public, or a public agency or utility for a specific purpose or purposes.. IMPROVEMENTS. Street grading, street surfacing and paving, curbs and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines', water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installations as designated by the City Council or its specific approving authority. LOT. A measured portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. LOT, DEPTH OF. The mean horizontal distance between the front and real lot lines. LOT, DOUBLE FRONTAGE. A lot having a frontage on two non - intersecting streets. LOT, REVERSE FRONTAGE. A lot which extends continuously between two parallel or approximately parallel streets bounding a block and is abutted along one street frontage by an easement for screen planting. A. block containing reserve frontage lots is composed of, .one tier of lots gather than the standard two tiers. 4 lines. MASTER PLAN. See Comprehensive' Plan. MONUMENT. An identification marker established by certified land survey and set by a registered land surveyor or . registered engineer at each section corner, angle point, block corner, street centerline, or other point. PERSON, An individual, firm, partnership. corporation, company, association, syndicate, or any legal entity and includ- omg'a trustee;:, receiver, assignee, or other similar repre- sentatives thereof. PLANNING COMMISSION, The Planning Commission of the City of Blair, Nebraska. -PLAT. A map which delineates the subdivision of a quantity of land. A plat commonly shows lots, blocks, streets and other features relevant to the development and improvement of the property. PLAT, FINAL, The final plan of the plat, subdivision or dedication prepared for filing or recording in conformance with these regulations. PLAT, PRELIMINARY.. The preliminary .plan of the plat, subdivision or dedication prepared in accordance with the require- ments of these regulations.. 3706 LOT, WIDTH OF. The average distanee,between side lot SIDEWALK OR WALKWAY. That portion of a dedicated right - of -way or easement intended for pedestrian use only. STREET. The term includes streets, highways, avenues, boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and rights -of -way and other ways. STREET COLLECTOR. A street or highway which is intended to'earry traffic from minor streets to major streets. Collector streets are usually the principal entrance streets to residential developments and the streets for circulation within the develop- ments. STREETS, MAJOR, A street or highway used primarily for fast or high volume traffic, including expressways, freeways, boulevards, and arterial streets. STREETS, MINOR, A street intended primarily to provide pedestrian, and vehicular access to the abutting properties. SUBDIVIDER. Any person, group, corporation, partner- ship, or other entity, or any agency thereof, dividing or pro- posing to divide land so as to constitute a subdivision. SUBDIVISION. The division of a lot, tract or parcel of land into two (2) or more sites or other ,divisions of land for the purpose, whether immediate or future, of ownership or building development except that the division of land shall not be considered to be a subdivision when the smallest parcel of land created is more than ten (10) acres in area. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3o7 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 llth day of May, 1976. L. W.,Svendgaard, City Clerk (Seal) FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1191 of the City of Blair, Nebraska. TheClerk thereupon read the aforesaid Ordinance No. 1191 by title upon its first reading. Whereupon Councilman Pounds moved that Ordinance No. 1191 be approved on its first reading and its title agreed to. Councilman D. Jensen 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: Ellis, Jenny D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried Whereupon the Mayor declared said Ordinance No. 1191 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 D. Jensen 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds, Rennerfeldt. Nays: None. Absent: None. Motion: Carried. FINAL READING Ordinance No. 1191 now comes on for the final "reading. The Mayor directed the Clerk to read said Ordinance No. 1191 by title upon its final reading. Whereupon it was moved by Councilman Rennerfeldt and seconded by Councilman S. Jensen that said Ordinance No. 1191 be approved on its final reading and its title agreed to. Councilman 3'911 Blair, Nebraska May 25, 1976 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 Ellis, Jenny, D. Jensen, s, =N.eg f ,. Pounds, and Rennerfeldt were present. Councilmen S. Jensen and : Long were 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 Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1192 be preserved and kept in a separate 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 Neef ' called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, Neef, Pounds, Rennerfeldt. Nays: None. Absent: Long, S. Jensen. Motion: Carried. ORDINANCE NO. 1192 Introduction of Ordinance No. 1192 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1192 of the City of Blair, Nebraska. This Ordinance No. 1192 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO, 1192 AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 133 IN THE CITY OF BLAIR, NEBRASKA,, DECLARING THE NECESSITYTTHEREFOR, DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT, LISTING THE PROPERTY INCLUDED` WITHIN SAID DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE STREET. IMPROVEMENTS MADE 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. The Mayor and City Council of the City of Blair, Nebraska, hereby declare and deem it necessary to pave an unpaved gap in the street system of said City, the description of which is on Fourteenth Street. from Nebraska Street South to State Street in the City of Blair, Washington County, Nebraska, and for said purpose there is hereby created Street Improvement District No. 133 of the City of Blair, Nebraska. Attest: 3'12 SECTION 2. The street improvement to be made is to pave said street as aforesaid, the grade of said street to conform to the existing grades of said City of Blair, and said improvement to be made according to plans and specifica- tions 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 Council of the City. SECTION 3. The property included in said Street Improvement District No. 133 and subject to special assess- ments 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 street to be improved, to -wit: Lot Fifteen (15) and Lot Sixteen (16) in Block Eighteen (18) in the Original Townsite of Blair, Washington County, Nebraska; Lot Thirty (30) in Block Seventeen (17) , the South 32.0 feet of Lot One ( in Block Seventeen (17) , and the e:No'ths feet of Lot One (1) in Block Seventeen (17) , all in the Original Townsite 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. Passed and approved this 25th day of May, 1976. L. W. Svendgaard, City Clerk (Seal) FIRST READING Alfred 0. Sick, Mayor The Mayor directed the. Clerk to read by title Ordinance No. 1192 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1192 by title upon its reading. Whereupon Councilman Jenny moved that Ordinance No. 1192 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman Neef called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas Ellis, Jenny, D. Jensen Neef, Pounds, Rennerfeldt. Nays: None. Absent: S. Jensen, Long. Motion: Carried. 3.x'16 OPENING ORDER OF BUSINESS ORDINANCE NO. 1193 Blair, Nebraska June 8,1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, 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 S. Jensen and seconded by Councilman Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1193 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 Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Rennerf eldt'. Nays: None. Absent: Pounds. Motion: Carried. ORDINANCE NO. 1193 Introduction of Ordinance No. 1193 of the City of Blair, Nebraska, and the matter now .coming before the Mayor and Council was the passage and approval of Ordinance No. 1193 of the City of Blair, Nebraska. This Ordinance No. 1193 was introduced by Councilman Rennerfeldt and is in words and figures as follows: AN' ORDINANCE AMENDING ARTICLE 4 OF THE MUNICIPAL CODE OF THE CITY OF BIAIR; 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: Article 4 of the Municipal Code of the City of Blair is hereby amended to read as follows: 5 -415 VIOLATIONS BUREAU; CREATION. A'Violations Bureau for the City of Blair is hereby created pursuant to S 18 -1729 Neb RRS. 1943, for the purpose of collecting penalties for parking violations. Any person accused of a violation as established by Section 5 -401 through 5 -414 inclusive may after five (5) days after the date of the issuance of the citation of the violation and before the appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the penalty assessed for the specified, violation. Any person may plead not guilty to the citation, he may appear before the County Court of Washington County, Nebraska on the date and at the time specified on the citation. At the time of the commission of the alleged viola- tion, the accused shall be served with printed notice inform - ing;the accused of his options in disposing of the citation as noted herein before. If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County Court of Washington County, Nebraska on or before the date specified on the citation, a warrant for his arrest shall be issued by the County Court of Washington County, Nebraska. , SECTION 2. Article 4 of the Municipal Code of the City of Blair is hereby amended to read as follows: S 5 -416 PARKING VIOLATIONS; PENALTIES. Any person, firm, association, or corporation violating any of the provisions. of Article 4 of the Municipal Code of the City of Blair, shall be deemed guilty of a misdemeanor and shall be fined an amount not to exceed $100.00 unless the fine is paid to the Violations Bureau in which case the fine shall be $2.00. 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 8th day of June, 1976. L. W. Svendgaard, City Clerk (Seal 3717 Alfred 0. Sick, Mayor FIRST READING The Mayor directed the Clerk to read by title Ordinance No. 1193 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1193 by title upon its first reading. Whereupon Councilman S. Jensen moved that Ordinance No. 1193 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: 2 3721 Blair, Nebraska July 13, 1976 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 ro.i call Councilmen Ellis, Jenny, D. Jensen,,S. Jensen, Long; Neef, and Pounds were present. Councilman Rennerfeldt was absent. 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 Ellis that the minutes of the proceedings of the Mayor and Councilmen the matter of the passage and approval of Ordinance No. 1194 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 Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent: Rennerfeldt. Motion: Carried. ORDINANCE NO. 1194 Introduction of Ordinance No. 1194 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1194 of the City of Blair, Nebraska. This Ordinance No. 1194 was introduced by Councilman Jenny and is in words and figures as follows: ORDINANCE NO. 1194 AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL" APPROPRIATING SUCH SUMSOF 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, 1976, 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, 1976, and out of all other available money, and funds therefore belonging to the said City, and amount for each object and purpose as follows: For construction of storm sewers $ 25,000.00 For salaries of City Officials 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 suit§ $ 4,000.00 For purchase price & future taxes on property purchase$ 2,000.00 For improvement, operation & maintenance of aviation field $ 75,000.00 For insurance premiums $ 20,000.00 For Chamber of Commerce Publicity $ 1,500.00 For salaries of employees, operation and maintenance of Veterans Memorial Field $ 10,000.00 For City employees retirement pension plan- 15,000.00 For salaries of Chief of Police, wages of Police Dept. Employees, operation and maintenance of Police Dept. - $165,000.00 For salaries of employees - operation and maintenance of Sanitary Landfill $ 25,000.00 3722 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 - - - - $150,000.00 Any balance of said funds remaining over and unexpended at the end of the fiscal year shall be transferred to the Public Library Fund. SECTION 3. That there be, and hereby is appropriated out of the money derived from the levy of taxes for street light- ing 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 $ 45,000.00 Any balance of said .fund remaining over and unexpended 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 $160,000.00 For extensions of distribution system, improvement of water department hydrant rental & service $562,000.00 Any balance of said fund remaining over and unexpended at the end, of 'the fiscal year shall be transferred to the water fund. 3123 SECTION 5. That there be, and hereby is appropriated out of the money derived from taxes for parks and park purposes for said fiscal year and out of all other funds and moneys avail - able 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 $200, Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Parks and Park Purposes Fund. SECTION 6. That there be, and hereby is appropriated out of 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 therefore the amounts for each object and purpose as follows: For salaries of Light Commissioner and wages of department employees, operation and maintenance of municipal power distribution system $900,000.00 For extension and improvements of municipal light power system generator and plant improvements and line extensions $750,000.00 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Electric Light System Fund. SECTION.7. That there be, and hereby is appropriated out of the money derived from taxes for sewer maintenance for said fiscal year and out of all 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 - - - - $130,000.00 For extension, improvements of, sewer system - - - - $425 Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Sewer Maintenance Fund. SECTION 8. That there be, and hereby is appropriated out of the money derived from the levy of taxes for the operation, maintenance and care of the Blair Cemetery - - - $ 25,000.00 Any balance of said fund remaining over and unexpended at the end 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 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: For payment of principal and interest of bonds indebtedness due or to become due and for sinking bond fund - - - - $250,000.00 3724- Any balance of said funds remaining over and unexpended at the end of the fiscal year shall be transferred 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 main- tenance and out of all other money and funds available there- fore, 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 tl.e end of the fiscal year shall be transferred to the fund for the 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 avilable therefore, belonging to said City, the amounts for each object and purpose as follows: For the purchase of Fire Department Apparatus - - - - $30,000.00 Any balance of said fund remaining over and unexpended . at the end of the fiscal year shall be transferred 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 earth object and purpose as follows: For salaries of employees, for purchase of and the repair of Equipment and for construction of street improvements H $375,000.00 Any balance in said fund remaining over and unexpended at.the end of the fiscal year shall be transferred to the Special Gasoline Tax Fund. SECTION 13. That there be, and hereby is appropriated 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 available 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 transferred to the Social Security Tax Fund. 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 available there- fore, the amount for each object and purpose as follows: For salaries of employees, operation and maintenance of Blair Apartments $60,000.00 .Any balance of said fund remaining over and unexpended at the end of the fiscal year shall be transferred to the Blair Apartments 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 andfunds available therefore, the amount for each object and purpose as follows: For salaries of employees, purchase of equipment, main- tenance 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 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.sa.laries 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 transferred to the Revenue Sharing Trust Fund. 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. Att es : Passed and approved this 13th day of July, 1976. L. W. Svendgaard, City Clerk (Seal) 3725 FIRST READING Alfred 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1194 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1194 by title upon its first reading. Whereupon Councilman Pounds moved that Ordinance No..1194 be approved on its first reading and its title agreed to. Councilman Ellis seconded the motion and Councilman Jenny called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Neef, Pounds. Nays: None. Absent; Rennerfeldt. Motion: Carried, Whereupon the Mayor declared said Ordinance No. 1194 approved on its first reading and its title agreed to. 3528 OPENING Blair, Nebraska September 28, 1976 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, and Rennerfeldt were present. Councilman Neef was absent. 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 Ellis that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of . Ordinance No. 1195 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 Rennerfeldt called for the question. The Mayor Put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. :'Motions Carried. ORDINANCE NO. 1195 Introduction of Ordinance No. 1195 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1195 of the City of Blair, Nebraska. This Ordinance No. 1195 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1195 AN ORDINANCE CREATING WATER DISTRICT NO. 16 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 CITY 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: On Twenty- Eighth Avenue from the existing water main Northwesterly to Larsen Drive; thence East in Larsen Drive to the existing water main in Larsen Heights Second Addition. For that purpose there is hereby created a Water District No. 16 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. 16 and subject to special asEessments to pay for the costs and expenses of said improvement are Lots Thirteen (13) through Sixteen (16), inclusive, in Co11E ge Heights Addition, and Lots Two (2) through Seven (7), inclusive, in Block Eleven (11) in Larsen Heights Second Addition, E11 in the City of Blair, Washing- ton County, Nebraska. SECTION 4. The costs cf said improvement and said Water District shall be paid out of the fund created by levy and assess- ment 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 NebraskE as made and provided. SECTION 5. This ordinance shall take effect and be in full force from and after its paEsage, approval and publication as provided by law. Attest: (Seal) . 'Passed and approved this 28th day of September, 1976. Z1 3529 FIRST READING Alfred Sick, Mayor The Mayor directed the Clerk to read by title Ordinance 'No. 1195 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1195 by title upon its first reading. Whereupon Councilman Poands moved that Ordinance No. 1195 be approved on`its first reading and its title agreed to. Councilman Ellis seconded tr motion and Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for tr vote thereon: Yeas: Ellis, Jenny, D. Jensen, E. Jensen, Long, Pounds Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. Whereupon the Mayor declared said Ordinance No. 1195 approved on its first reading anc 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 tr ordinance. It was seconded by Councilman Ellis and Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to 3533 Blair, Nebraska September 28, 1976 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 Ellis, Jenny,D. Jensen,S. Jensen, Long, Pounds, and Rennerfeldt were present. Councilman Neef 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 Pounds that the minutes of the proceedings of the Mayor and Council in the matter of the passage and approval of Ordinance No. 1196 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 Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon. Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. ORDINANCE NO. 1196 Introduction of Ordinance No. 1196 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1196 of the City of Blair, Nebraska. This Ordinance No. 1196 was introduced by Councilman Rennerfeldt and is in words and figures as follows: ORDINANCE NO. 1196 AN ORDINANCE DECLARING A PUBLIC EMERGENCY AND ORDERING. THE PURCHASE OF A TRUCK WITHOUT PRIOR ADVERTISEMENT OF BIDS, RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; 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 Mayor and City Council of the City of Blair has been informed by the Board of Public Works of the City of Blair, Nebraska, that it is necessary to purchase a truck for use by the Water Department of the City of Blair, the cost of which truck shall exceed $5,000.00. SECTION 2. A public emergency exists which was unforeseen and it is necessary to purchase said truck immediately. SECTION 3. That said truck be purchased at once without prior estimates of costs or advertisement of bids. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be in force and take full effect from and after its passage, approval and publication as provided by law. Attest: (Seal) Passed and approved this 28th day of S -pto e ndgaard ity Clerk 3534 FIRST READING 974:. Alfre• 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1196 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1196 by title upon its first reading. Whereupon Councilman Jenny moved that Ordinance No. 1196 be approved on its first reading and its title agreed to. Councilman Pounds seconded the motion and Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. Whereupon the Mayor, declared said Ordinance No. 1196 approved on its first reading and its title agreed to. SUSPENSION OF RULES 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 Pounds and. Councilman Long called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: Yeas: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. FINAL READING ^ Ordinance No. 1196 now comes on for the final reading. The Mayor directed the Clerk to read said Ordinance No. 1196 by title upon its final reading. Whereupon it was moved by Councilman Ellis and seconded by Councilman Long that said Ordinance No. 1196 be approved on its final reading and its title agreed to. Councilman Rennerfeldt called for the question. The Mayor put the question and directed the Clerk to call the roll for the vote thereon: 3538 OPENING Blair, Nebraska September 28, 1976 The Mayor and Council of the City of Blair, Washington County, Nebraska, met in regular session in the Council Chambers at 730 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 Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, and Rennerfeldt were present. Councilman Neef was absent. ORDER OF BUSINESS Whereupon the Mayor announced that the introduction of ordinances was now in order. It was moved by Councilman S. Jensen 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. 1197 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. ORDINANCE NO. 1197 Introduction of Ordinance No. 1197 of the City of Blair, Nebraska, and the matter now coming before the Mayor and Council was the passage and approval of Ordinance No. 1197 of the City of Blair, Nebraska. This Ordinance No. 1197 was introduced by Councilman Pounds and is in words and figures as follows: AN ORDINANCE AMENDING SECTION 10 -118 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 Section 10 -118 of the Municipal Code of the City of Blair is hereby amended to read as follows: ALCOHOLIC BEVERAGES; HOURS OF SALE. It shall be unlawful for any person, or persons, to sell at retail any alcoholic liquor on the day of any election, including County, Municipal, or Primary Electiors, during the hours the polls are open. It shall be lawful to sell alcoholic beverages.in the Municipality only at the following prescribed times: Attest: Alcoholic Liquors only: endgaard, P ty Clerk (Seal) 3539 Monday thru Saturday On -and Off -Sale 6 :00 A.M. thru 1:00 A.M. Sunday On -Sale only, 6 :00 P.M. thru 1 :00 A.M. Monday Beer only: Monday thru Saturday On -and Off -Sale 6 :00 A.M. thru 1:00 A.M. Sunday On -and Off-Sale 6:00 A M. thru 1:00 A.M. Monday Wine only: Monday thru Saturday On -and Off -Sale 6 :00 A.M. thru 1 :00 A.M. Sunday On -and Off -Sale 6 :00 A.M. thru 1 :00 A.M. Monday No alcoholic liquors, including beer, shall be sold at retail or dispensed on any day between one (1:00) o'clock, A.M. and six (6:00) o'clock, A.M. No person shall consume any alcoholic beverages on licensed premises for a period of time longer than .fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premise. 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 publica- tion.as provided by law. Passed and approved this 28th day of September, 1976. r&. FIRST READING ed 0. Sick, Mayor The Mayor directed the Clerk to read by title Ordinance No. 1197 of the City of Blair, Nebraska. The Clerk thereupon read the aforesaid Ordinance No. 1197 by title upon its first reading. Whereupon Councilman S. Jensen moved that Ordinance No. 1197 be apprOve91 oi% ttsifa.r rereading and its title agreed to. Councilman Rennerfeldt 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: Ellis, Jenny, D. Jensen, S. Jensen, Long, Pounds, Rennerfeldt. Nays: None. Absent: Neef. Motion: Carried. Whereupon :the 'Mayor declared said Ordinance No. 1197 approved on its first reading and its title agreed to.