1979
3842
Blair, Nebraska
February 13,1979
OPENING
L:
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 Jensen presided at the meeting
and City ClerkL. W. Svendgaard recorded the proceedings of
the meeting.
ROLL CALL
The Mayor directed the Clèrk to call the roll, and
on roll call Councilmen Bakert Gutschow, Jenny, .:Jens'en, Long,
Kub~e, and Reyzlik werepre~ðllnéilman Neef was absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction
of ordinances was now in order.
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It was moved by Councilman Baker 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. 1248 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 Gutschow called for the question.
The Mayor put the question and directed the Clerk to call the
roll for the vote thereon.
Yeas: Baker, Gutschow, Jenny, Jensen, Long, Reyzlik.
Nays: Kuhie.
Absent: Neef.
Motion: Carried.
ORDINANCE NO. 1248
Introduction of Ordinance No. 1248 of the City of
Blair, Nebraska, and the matter now coming before the Mayor
and Council was the passage and approval of Ordinance No.
1248 of the City of Blair, Nebraska. This Ordinance No. 1248
was introduced by Councilman Baker and is in words and figures
as follows:
ORDINANCE NO. 1248
AN ORDINANCE AMENDING SECTION 10-2002 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR PROVIDING FOR ON-SALE SALES OF BEER AND
WINE ONLY IN RESTAURANTS, 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 COUNC¡L OF THE CITY OF
BLAIR, NEBRASKA:
u
SECTION 1.
to read as follows:
That Section 10-2002 is herewith amended
OCCUPATION TAX AMOUNTS. There is hereby levied an
occupation tax upon each and every 'occupation and business
within the corporate limits of the City of Blair, Nebraska as
hereinafter' enumerated in the several different amount sand
upon the several respective opcupations, professions and lines
of business as £ollows:
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384-3
Auctioneers offering for sale good, merchandise'and
livestock of 'any kind, five ($5.00) dollars per day, or twenty-
five ($25.00) dollars per year.
Billboard Advertis:i,ng: Bill posting on billboards
located on private property by persons, firms, or corporations
for payor hire, five ($5.00) dollars per year per board.
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Billiard hall or pool hall: first table per year
twenty-five ($25.00) dollars. Each additional table five
($5.00) dollars per year.
Bottle dlub: Two Hundred fifty ($250.00) dollars per
year except that said occupation tax shall not apply to non...,.
profit corporations as exempted from payment of federal income,
taxes, as provided by Section 501 (c), (~, (7) or (8), Internal
Revenue Code of 1954-, as Amended. Bottle club or Class !!H!!
license operated by non...,.profit corporation as exempted from
payment of federal income taxes, two hundred ($200.00) dollars
per year.
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Bowling alley: first alley per..L.'year, ,twenty.....five
($25.00) dollars. Each additional alley per year, five ($5.00)
dollars.
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Buses, bus lines and taxis transporting passengers
for hire from any place within the City to other parts within "
or without th~ City, ten ($10.00) dollars per year.
Circus, circus parade where tent is outside City
limits, carnivals and other rides òr: shows under canvas or in
open air, ,per day twenty-five ($25.00) dollars. '
Concession, conce~sion stands, including those at
carnivals, per day five ($5.00) dollars, per year fifty
($50.00) dollars.
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Hawkers, peddlers or sellers of goods at retail by
sample or by taking orderš, from door to door, including
itinerant magazine ~ book agents for each such person, five
($5.00) dollars per day or fifty ($50.00) dollars per year.
Express companies in intrastate business to and from
the City of Blair, per year five ($5.00) dollars.
Motion picture houses, per year ten ($10.00) dollars.
Phy~icians, surgeons, opticians, optometrists,
osteopaths, chiropractors, chiropodists, or any other person
practkfug the healing art under advertisement or announcement
that their service or merchandise is available in said City for
a limited, time, per day five ($5.00) dolm rs, per year fifty
($50.00) dollars, provided the above tax shall not apply to
practitioners called for consultation or diagnosis or if member
of the staff of any local hospital.
Railroad companies carrying and transporting freight
or passengers for hire in or out of the City, per year ten
($10.00) dollars.
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Skating rinks, portable or otherwise, per year fifty
($50;00) dollars.
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Trucks, truck lines or transportation companies
transporting freight for hire from any place within the City
of Blair to other points or places within the State of Nebraska,
and from outside of the City and within said State to or within
the corporate limits of the City of Blair, ~ebraska, for each
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~ruck or truck line,
($10.00) dollars.
per day one ($1.00) dollar, per year ten
Manufacturer of alcohol and spirits or either, one
thousand ($1,000.00) dollars per year.
Manufacturer of beer with capacity of one hundred
(100) barrels daily or lesf:¡, one hundred ($100.00) dollars per
year; with capacity of one hundred (100) to one hundred-fifty
(150) barrels per day, two hundred ($200.00) dollars per year;
and with capacity in excess of two hundred (200) barrels daily,
five hundred ($500.00) dollars per year.
Manufacturer of w~ne, two hundred-fifty ($250.00)
dollars per year.
'Alcoholic liquor distrib~tor, except beer, five
hundred ($500.00) dollars per year.
Beer distributor; one hundred-fifty ($150.00) dollars
per year.
Retailer of beer only, for consumption on the premise,
fifty ($50.00) dollars per year.
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Retailer ofbee~ only¡for,consumptiqn off the premise,
sale inOJ;iginal package only, twenty-five ($25.00)" dqllars
per year.
Retailer of alcoholic liquors, ,for consumption on the
premise and off .the premise, five hundred ($500.00) dollars per
year.
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Retailer of alcoholic liquors for consumption off the
premise, sales in original package only, one hundred seventy-
five ($175.00) dollars per year.
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Beer and wine for consumption on the premises in
restaurants only, two hundred-fifty ($250.00) dolhrs per year.
Non-beverage aaers of liquors Class 1, five ($5.00)
dollars per year; Class 2, twenty-five ($25.00) dollars per
year; Class 3, fifty ($50.00) dollars per year; Class I.J., one
hundred ($100.00) dollars per year; Class 5, two hundred-fifty
($250.00) dollars per year. '
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dollars.
Fireworks stand each year, five hundred ($500.00)
Electricians, twenty-five ($25.00) dollars per year.
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith are, hereby repealed.
SECTION 3. That this ordinance shall be in force
and take effect from and after its passage, approval and pub-
lication as provided by law.
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Passed and approved this 13th day of February, 1979.
Attest:
, ,
M. Stanley, J~nsen, Mayor
(S eal)
384-9
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Bla.:t.r" ebraska
Februar13,1979
OPENING
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The Mayor and Council of the City of Blair" Washington
County, Nebraska, met in regular session in-th Council Chambers
at 7:30 oTclock, P.M. Mayor Jensen presided at the meeting
and City Clerk L. W. Svendgaard recorded the_'p oceedings of
the meeting. .
ROLL CALL
The Mayor directed the Clerk to call the rolL-, and
on roll call Council members Baker, Gutschow, enny, Jensen,
KUhie, Long, and Reyzlik were present. Counci member Neef
was absent.
ORDER OF BUS INESS
Whereupon the Mayor announced that t e introduction
of ordinances was now in order.
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It was moved by Council member Jenny and seconded by
Council member Gutschow that the minutes of th proceedings of
the Mayor and Council in the matter of: the passage and approval
of Ordinance No. 124-9 be preserved and kept in a separate and
distinct volume known-as'the Ordinß.nce Record of the City of
Blair,. Nebraska, and that said volume be incorporated in
and made a part of these proce~dings.thl3 same as though spread
at large therein. Council member Baker called or the question.
The Mayor put the question and directed the Cle k to call the
roll for the vote thereon.
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Yeas: Baker, Gutschow, Jenny, Jensen, Kubie, Lng, Reyzlik.
Nays: None.
Absent: Neef.
Motion: Carried.
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ORDINANCE NO. 124-9
. .
Introduction of Ordinance ,No. 124-9 of the'City of
Blair, Nebraska, and-the matter-now coming befo e the Mayor
and Council was-the,passage and-approval of- Ord nanceNo.
124-9 of the City of Blair, Nebraska. This Ordi ance No. 124-9
was introduced by Council member Jenny and is i words and
figures as follows:
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ORDINANCE NO. 124-9
AN ORDINANCE ESTABLISHING THE NEED FOR IMPROVEM NT. AND EXPANSION
OF THE ELECTRICAL SYSTEM OF THE CITY OF BLAIR I CLUDING.THE
CONSTRUCTION AND EXPANSION OF THE SUBSTATION LOTEDAT SIXTEENTH
AND WILBUR STREETS IN BLAIR, WASHINGTON COUNTY, NEBRASKA AND
DECLARING THE ßXISTENCE OF AN EMERGENCY SITUATI N CONCERNING THE
ORDERING OF MATERIAL AND EQUIPMENT AND PROVIDIN FOR THE NECESSARY
CONSTRUCTION OF THE ELECTRICAL SYSTEM OF THE CI Y OF BLAIR,
NEBRASKA AND AUTHORIZING THE BOARD OF PUBLIC WO TO PROCEED IN -
OBTAINING SAID EQUIPMENT AND ENTERING INTO A CO RACT FOR THE
FURNISHING OF SAID EQUIPMENT AND THE LABOR AND CONSTRUCTION.
CONNECTED THEREWITH WITHOUT PUBLISHING A NOTICE 0 BIDDERS AND
OB1'AINING BIDS THEREFORE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
NEBRASKA:
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3850
WHEREAS, substantial growth in the C ty of Blair
has created increasing demand upon the electrijal system in the
City of Blair, and; , '
,WHEREAS, the existing electrical sys em in the City
of Blai!\!~ Nebraska, is incapable of furnishing adequate service
to the citizens of 'said city, and;
WHEREAS, the'City of Blair has recei' ed complaints
concerning electrical shortages which have bee caused by the
inadequate electrical system, and;
WHEREAS, the expansion of the existi
located at Six~eenth and Wilbur Streets in the
Nebraska and the cônstruction thereof together
fèederand generàtion'lines woUld substantiàll
problems existing in the present electrical di
and would additionally reduce electrical line
financial drain on the budget of the Departmen
and;
g substation
City of Blair,
with additional
solve a number of
tributionsystem
asses which are a
of Utilities,
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WHEREAS, it is an absolute necessity
a contract for the expansion and construction
immediately thus providing for completi'ön of t
to the 15th of June, 1979 at which time peak e
will again occuririthe City of Blair, and;
WHEREAS, without the construction anexparision of
said substation the residents and citizens of' he City of
Blair will expé!'ienèe electrical outages', ,and;
to enter into
f said substation
e project prior
ectrical usage
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WHEREAS, electrical, outages withint eCity of
Blair will damage equipment, cause considerabl înconvenience,
and are a hazard to the health, safety, and ge eral welfare of
the citizens of Blair, and;
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WHEREAS, an emergency exists which t reatens, the
safety, health, and general welfare of the cit"zens of Blair
and which requires that a contract be entered Onto immediately
and without delay for the letting of bids for t e construc-
tion and expansion of said substation, and;
WHEREAS, the materials, equipment and'labor for said
expansion and construction of said substation ill cost in
excess of $120,000.00.
NOW THEREFORE, BE IT ORDAINED BY THE YORAND
CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, t at an emergency
exists which requires the Board of Public Works
to immediately enter into a contract for the co
expansion of the electribàl substation located'
and Wilbur Streets in the City of Blair, Nebras
because'an emergency exists the requirement. and
advertising for bids is hereby waived" The Boa
Works is hereby authorized to enter' into a cant
construction and expansionöf said electriCal s
the necessity of advertising for bids and that
City Clerk are authorized to execute a contract
struction and expansion of said substation pres
by the Board of Public Works.
structioll and
t Sixteenth
a, ånd,that
necessity of
d of Public
act for the
station without
he Màyor and
for said con-
nt'ed to them
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Passed and approved this 13th day of
Attest:
\,._~/
(Seal)
3855
Blair, Nebraska
Februa y 13,1979
OPENING
The Mayor and Council of the City of Blai
County, Nebraska, met in regular session in the Co
at 7:30 oTclock, P.M. Mayor Jensen prßsided at the
City Clerk L. W. Svendgaard recorded theprDceeding
meeting." ,
, Washington
cil Chambers
meeting and
of the
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ROLL CALL
The, Mayor directed the Clerk to call the 011, and on
roll call Council members Baker, Gutschow Jenny, Je sen, Kubie,
Long, and Reyzlik were present. Council member Nee was absent.
ORDER OF BUSINESS
Whereupon the Mayo+, announced that
ordinances was now in order. '
It was moved by Council member Jenny and econded by
Council member Gutschow that the minutes of the pro eedings of
the Mayor and Council in the matte~ of the passage nd approval
of Ordinance No. 1250 be preserved and kept in a se arate and
distinct volume known as the Ordinance Record :of th City of
Blair, Nebraska, and that said volume be incorporat d in and
made a part of these proceedings the same as though spread at large
therein. Council member Baker called for the quest on. The Mayor
put the question and directed the Clerk to call the roll for the
vote thereon.
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Yeas: Baker, Gutschow, Jenny, Jensen, Kubie, Long, Reyzlik.
Nays: None. '
Absent: Neef.
Motion: Carried.
ORDINANèE NO. 1250
Introduction of Ordinance No. 1250 of the
Blair, Nebraska, and the matter now coming before t
Coucrcil was,the passage ~nd approval of Ordinance N
City of Blair, Nebraska. This Ordinance No. 1250 w
by Council member Kubie and is in words and figures
City of
,e Mayor and
.1250 of the
s introduced
as follows:
ORDINANCE NO. 1250
AN ORDINANCE AMENDING SECTION 2-1101 OF THE MUNICIP L CODE OF THE
CITY OF BLAIR, NEBRASKA, REPEALING ALL ORDINANCES 0 PARTS OF ORDINANCES
IN CONFLICT HEREWITI:I AND PROVIDING WHEN THIS ORDINA CE SHALL BE IN
FORCE AND EFFECT.
BElT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. That Section 2-1101 of the M icipal Code of
the City of Blair is herewith amended to read as fo lows:
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BOARD OF PARK COMMISSIONERS. The Board 0 Park Commissioners
shall consist of six (6) members, all of whom sha1l1be resident
freeholders of the Municipality. Memb,ers shall be ~PPo~,."nt, ed,bY the
Mayor with the consent of a majority of the City Co cil. Said
members shall serve fór a term of three (3) years, nd t:wó (2)
appointments to said Board shall be made by the Mayo with the approval
'of the City Council each year, that appointment to e effective on
the second (2ndf Monday in January of ~ach year.
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3856 ,
The members of the Board of Park Commissioners shall
hold their .first (1st) meeting following the second (2nd)
Monday in January of each year. They shall organize by electing
one (1) of their members as -chairman. Four (~) members of the
Board shall cònstitute a quorum for meetings. Before entering
upon his duties, each member of the Board shall take an oath
to be filed with the Municipal Clerk that he will faithfully
perform the_duties of his office and will not in any manner be
actuated or influenced by personal or political motives.
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Each member of the Board shall receive a salary of
ten ($lO.pO) dollars per annum. Themembers of the Board shall
have charge of all of_the parks belong~ng to the'Municipality
and shall have thß- power 1;0 establish rules for'the management,
care, and use of the same. It shall be their duty to layout,
improve, and beautify all grounds and buildings now owned or
hereafter acquired for public parks and to employ such persons
as may be necessary for the proper care and maintenance of such
parks, and the'imp:f:'ovements and beautifying thereof, to the
extent that funds may be provided for such purposes.
All expenditures of the Board of Park Commissioners
for salaries and wages of the Board and employees thereof, and
all other expenses for the -maintenance and operation of the
parks shall be audited and allowed by the Park Commissioners
and paid by warrants signed_by the Chairman of the Boa'rd which
shall be paid by the Municipal Treasurer out of the park funds.
The Chairman of the Board of Park Commissioners shall, on
January 1 and July 1 of each year, file with the Municipal Clerk
an itemized statement of all the expenditures and receipts of
the Board for the preceding six (6) months.
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The Board shall not enter-into a contract of any
nature involving the expenditure of more than one hundred
($100.00) dollars unless any such contract shall have-been
approved by ~he majority of members of the City Council.
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
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'SECTION 3. That this ordinance shall be in force and
take effect from and after its passage, approval and publica-
tion as provided by law.
Passed and approved this 13th day of February, 1979.
Îf/~
M. Stanley Je Be , - Mayor
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Attest:
(Seal)
FIRST READING
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The Mayor directed the Clerk to read by title
Ordinance No. 1250 of the City of Blair, Nebraska. The Clerk
thereupon read the aforesaid Ordinance No. 1250 by title upon
its f~rst reading.
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3861
I:J
Blair, Nebraska
February 27,1979
OPENING
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The Mayor and Cöuncil of the City of Blair, Washington
County, Nebraska, met in regular sessiön in the Council Chambers
at 7:30 oTclock, P.M. Mayor Jensen 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 Council members Gutschow, Jenny, Jensen, Kubie, Long, Neef,
and Reyzlik were present. Council member Baker was absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction of
ordinances was now in order.
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It was moved by Council member Jensen and seconded by
Council member Gutschow that the minutes of the proceedings of
the Mayor and Council in the matter of the passage and approval
of Ordinance No. '1251 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 member Long called for the question. The Mayor
put the question and directed the Clerk to call the roll for the
vote thereon.
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Yeas: Gutschow, Jenny, Jensen, Kubie, Long, Neef, Reyzlik.
Nays: None.
Absent: Bqker.
Motion: Carried.
ORDINANCE NO. 1251
Introduction of Ordinance No. 1251 of the City of
Blair, Nebraska, and the matt~r now coming before the Mayor and
Cüuncil was the passage and approval of Ordinance Nö. 1251 of the
City of Blair, Nebraska. Thìs Ordinance No. 1251 was introducetl
by Council member Jensen and is in words and figures as follows:
ORDINANCE NO. 1251
AN ORDINANCE AMENDING THE ZONING ORDINANCES OF THE CITY OF BLAIR,
NEBRASKA, BY REZONING LOTS 6,7,8, AND 9 IN THE 13TH ADDITION TO
THE CITY OF BLAIR, NEBRASKA, FROM :R-72 TO HIGHWAY COMMERCIAL;,
REPEALING 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:
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SECTION 1. The zoning ordinances and map of the City
of Blair, Nebraska, are hereby amended so that Lots Six (6),
Seven (7), Eight (8) and Nine (9) in the Thirteenth Addition to
the City of Blair, Washington County, Nebraska, shall henceforth
be zoned Highway Commercial, provided however that the owners of
said real estate shall file'a Protective Covenant limiting con-
struction upon said premisestoa restaurant.
38.62
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3. That this ordinance shall be in force and take
effect from and after its passage, approval and publication as pro-
vided by law. .
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Passed ànd approved this 27th day of Feþruary, 1979.
Attest:
~.~
'M. Stanley J n, Mayor
~.
FIRST READING
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The Mayor directed the Clerk to'read by title
Ordinance No. '1251 of the City of Blair, Nebraska. TheClerk
thereupon read the aforesaid Ordinance Nò. l251 by title upon
its first reading.
Whereupon Council member Jensen moved that Ordinance
No. 1251 be'approved on its first reading and its title agreed
to. Council membe'r Gutschow seconded the motion -and Council member,
Long called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon:
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Yeas: Gutschow, Jenny, Jensen, Kubie, Long, Reyzlik.
Nays: Neef.
, Absent: Baker.
Motion: Carried.
Whereupon the Mayor declared said Ordinance No. 1251
approved on its first reading and 'its title agreed to.
SUSPENSION OF RULES
Whereupon it was moved by Council member Jensen that
the statutory rules reqUiring reading on three different days be
suspended for consideration of this ordinance. It was seconded by
Council member Gutschow and Council member Long called for the
question. The Mayor put the question arid directed the Clerk to call
the roll for the vote thereon:' .
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Yeas: Gutschow, Jenny, Jensen, Kuþie, Long, Neef, Reyzlik.
Nays: None.
Absent: 'Baker.
Motion: Carried.
FINAL READING
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Ordinance No. 1251 now comes on for the final reading.
The Mayor directed the Clerk to read said Ordinance No. 125l.by
title upon its final reading.
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3866
1,-1
Blair, Nebraska
March 13,1979
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 oTclock, P.M. Mayor Jensen presided at the meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meet ing . "
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ROLL CALL
The Mayor directed the Clerk to call the roll, and on
rollcall Council members Baker, Gutschow, Jenny, Jensen, Kubie,
L6ng, Neef, and Reyzlik were present.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction of
ordinances was now in orde~.
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It was moved by Council member Baker and seconded by
Council member Neef that the mmnutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
,Ordinance No. 1252 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
member Long called, for the question. The Mayor put the question
and directed the Cle~k to call the roll for the vote thereon:
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Yeas: Baker, Gutschow, Jenny, Jensen, Kubie, Long, Neef, Reyzlik.
Nays: None.
Absent: None.
Motion: Carried.
ORDINANCE NO. 1252
Introduction of Ordinance No. 1252 of the. City of Blair,
Nebraska, and the matter now coming before the Mayor and Council
was the passage and approval of Ordinance No. 1252 of the City
of Blair, Nebraska. This Ordinance No. 1252 was introduced by
Council member Jenny and is in words and figures as follows:
(J
ORDINANCE NO. ,1252
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. l39,~N
THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE OF SAID DÏSTRICT,
DEFINING THE LIMITS AND BOUNDARIES OF SAID DISTRICT, PROVIDING FOR
'THE MANNER OF PAYMENT OF THE ,STREET IMPROVEMENTS THEREIN ,AND
PROVIDING WHEN SA:tD ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
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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:
From the existing concrete paving on Larsen Drive, East to Sunrise
Drive; North and West in Sunrise Drive to the West line of Lot
Twelve (12), Block One (1), in Larsen Heights Third Addition, and
from the existing paving on 26th Avenue North to Sunrise Drive in
Larsen Heights Third Addition, all in the City of Blair, Washington
County, Nebraska, by paying the same, said petition therefor having
been presented and filed with the City Clerk, there is hereby created
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3867
Street Improvement District No. 139 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 oflsaid streets to conform to the grades as established
by the City of Blair and said improvements to be made according
to p~ans 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. .
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SECTION 3. The property included in said Stret
Improvement District No. 139 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 andtrac'f:¡s 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, in
Block One (1);
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Lots One (1) ~hrough Five (5), inclusive, in
Block Two (2);
Lots One (1) through Four (~), inclusive, in Block
Three (3), all in Larsen Heights Third Addition to
the City of Blair, Washington County, Nebraska.
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SECTION~. The cost of said improvements in said
improvement district shall be paid out of t~e fund created by
the levy and assessments on the lots and parcels of land in
said Street Improvement District benefited-thereby in pro-
portion 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 13th day of March, 1979.
:1]
~'s/*~
Attest:
l\
(Seal)
FIRST READING
The Mayor directed the Clerk to read by title
Ordinance No. 1252 of the City of Blair, Nebraska. The ¡Clerk
thereupon read the aforesaid Ordinance No. 1252 by title upon
its first reading.-
Whereupon Council member Baker moved that Ordinance
No. 1252 be approved on its first reading and its title agreed
to. Council member Neef seconded the motion and Council member
Gutschow called- for the question. The Mayor put the question and
r~;
3871
,/1,
Blair, Nebraska
March 27,1979
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska,met in regular session in the Council Chambers
at 7:30 oTclock, P.M: Mayor Jensen presided at the meeting and
City Clerk L. W. Svendgaard recorded the proceedings of the
meeting.
II, !
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L_,
ROLL CALL
The Mayor directed the Clerk to call the roll, and on
roll call Council members Baker, Gutschow, Jenny, Kubie, Long, and
Reyzlik were present. Council members Jensen and Neef were absent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction of
ordinances was now in order.
~J
It was moved by Council member Baker 'and seconded by
Council member Gutschow that the minutes of 'the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1253 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
member Long called for the question. The Mayor put the question
and directed the Clerk to call the roll for the vote thereon:
iLl
: f
\.
Yeas: Baker, Gutschow, Jenny~ Kubie, Long, Reyzlik.
Nays: None.
Absent: Jensen, Neef.
Motion: Carried.
~
ORDINANCE NO. 1253
Introduction'of Ordinance No. 1253 of the City of Blair,
Nebraska, and the, matter now coming before the Mayor and Council
was the passage and approval of Ordinance No. 1253 of the City
of Blair, Nebraska. This Ordinance No. 1253 was introduced by
Council member Jenny and is in'words and figures as follows:
(J
ORDINANCE NO. 1253
AN ORDINANCE AMENDING qBCTION 10-1810 OF THE MUNICIPAL CODE OF THE \
CITY OF BLAIR; REPEALIÑG'ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND>!p1{QVIDING WHEN THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT. ' ,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA :
L, :
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,
SECTION 1. Section 10-1810 of the Municipal Code of the
City of Blair is herewith amended to read as follows: 10-1810
TAX. A tax of 10 per cent (10~ of the gross receipts received
from the conduct of bingo in the City is hereby imposed, 1 evied
and assessed. Said tax shall be paid quarterly and shall be reported
on forms furnished by'the City Clerk. One-half'of said ta~ so
collected shall be paid to the Treasurer of Washington County,
Nebraska, and one-half shall be credited to the General Fund of the
City.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
(J
3822
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 27th day of March, 1979.
Attest:
1JJ. ~ ~~
M. StanleyJe en Mayor
(Seal)
FIRST READING
The Mayor directed the Clerk to read by title Ordinance
No. 1253 of the City of Blair, Nebraska. The Clerk thereupon read
the aforesaid Ordinance No~ 1253 by title upon its first reading.
Whereupon Counèil member Baker moved th~t Ordinance
No. 1253 be app~oved on its first reading and its title agreed
to. Council member Gutschow seconded the motion and Council member
Long called for the question. The Mayor put the question and
directed the Clerk to call the roll for the vote thereon:
Yeas: Baker, Gutschow, Jenny, Kubie, Long, Reyzlik.
Nays: None. -
Absent: Jensen, Neef.
Motion: Carried.'
I .
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SUSPENSION OF RULES
Whereupo~ it was moved by Council member Baker that
the statutory rules requiring reading on three different days be
suspended for consideration of this ordinance. - It was seconded
by Council member Gutschow and Council member Long called for
the question. The Mayor put the question and directed the Clerk (
to call the roll for the vote thereon:
Yeas: Baker, Gutschow, Jenny, Kubie, Long, Reyzlik.
Nays: Ndne.
Absent: Jensen, Neef.
Motion: Carried..
.~/
FINAL READING
Ordinance No. 1253 now comes on for the final reading.
The Mayor directed the Clerk to read said Ordinance No. 1253 by
title upon its final reading.
Whereupon it was. moved by Council member Jenny and
seconded by Council member Long that said Ordinance No~ 1253
be approved on 'its final reading and its title agreed to. Council
member Gutschow called for the question. The Mayor put the
question and directed the Clerk to .call tþe roll for the vote
thereon:
LJ
Yeas: Baker, Gutschow, Jenny, Kubie, Long, Reyzlik.
Nays: None.
Absent: Jensen, Neef. .
Motion: Carried.
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3876
"
Blair, Nebraska
April 10, 1979
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7:30 oTclock, P.M. Mayor Jensen prešffided at the meeting and,
City Clerk Douglas Bullock recorded the proceedings of the meeting.
ROLL CALL
. 'The Mayor directed the Clerk to call the roll, and on roll
call Council members Jenny, Jensen, Kubie, Long, Neef, and Reyzlik
were present. Council members Baker and Gutschow were absent~
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction of
ordinances was now in order.
It was moved by Council member Kubie and: :seconded by
Council member Neef that the minutes of the proceedings of the Mayor,
and Council in the matter of the passage and approval of Ordinance No.
1254 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 member Jensen
called for the question. The Mayor put, the question and directed
the Clerk to call the roll for the vote thereon:
Yeas: Jenny, Jensen, Kubie, Long, Neef, Reyzlik.
Nays: None. '
Absent: Baker, Gutschow.
Motion: Carried.
ORDINANCE NO. 1254
Introduction of Ordinance No. 1254 of the City of Blair,
Nebraska, and the matter now coming befoI'e the Mayor and Council
was the passage and app~oval of Ordinance No. 1254 of the City of
Blair, Nebraska.' This Ordinance No. 1254 was introduced by Council
member Jenny and is in words and figures as follows:
ORDINANCE NO. 1254
AN ORDINANCE DEFINING POLICY CONCERNING THE ROCKING OF
STREETS AND ALLEYS WITHIN THE CITY OF BLAIR; 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. On all rock surfaced streets and alleys within
the City ôf Blair, Nebraska, rock shall be applied from time to time
as deemed necessary by the City Street Commissioner and City Adminis-
trator. Said rock shall be hauled and applied by employees of the
City Street Department'and the cost of the same shall be borne bY,the
City of Blair. Property owners who own property adjacent to the street
or alley to be rocked shall be responsible for their proportionate
share of the rock applied to the street or alley.' 1 The amount to be
paid by each property owner shall be determined according to the,
following formula: the total cost of the rock divided by ~he total
front footage of the prope~ty adjacent to the street or alley to be
rocked times the front footage owned by the individual property
owner. ,
3877
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in force and take
full effect from and after its passage, approval and publication
as provided by law. '
¡
Passed and approved this lOth day of April, 1979.
~~~
M. Stanley Je en ayor .
;-11
Attest:
-, " ,"
Douglas E. Bullock, City Clerk
(Seal)
'"
FIRST READING
r-.
The Mayor directed the Clerk to reap. by title Ordinance
No. 1254 of the City of Blair, Nebraska. The Clerk thereupon read
the aforesaid Ordinance No. 1254 by title upon its first reading.
Whereupon Council member Kubie moved that Ordinance
No. 1254 be approved on its first reading and its title agreed
to. Council member Neef seconded the motion and Council member
Jensen called for the question. The MaYQ;r' put the question and
directed the Clerk to call the roll for the vote thereon:
Yeas: Jenny, Neef, Jensen, Kubie, L~ng, Reyzlik.
Nays: None.
Absent: Baker, C;utschow.
Motion: Carried.
. ¡
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8U8FENBI6N OF RULES
- 'I
Whereupon it was moved by Council member Kubie that
the statutory rules requiring reading on three different days be
suspended for consi~ation of this ordinance. It was seconded
by Council member Neef and Councilrnember Jensen called for
the question. The Mayor put the question and directed the Clerk
to call the roll for the vote thereon:
Yeas: Jenny, Neef, Jensen, Kubie, Long, Reyzlik.
Nays: None.
Absent: Baker, Gutschow.
Motion: Carried.
'r-'
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FINAL READ ING
Ordinance No. 1254 now come~ on for the final reading.
The Mayor directed the Clerk to read said Ordinance No. 1254 by
title upon its final reading.,
. ' Wher~upon' it was moved by C'Ouncil member Jenny and
seconde(l by Coup.cil member Kubie that ,said Ordinance No., 1254
be approved on its final reading and its title agreed to. Council
member Jensen called for the question. The Mayor put the question
and directed the Clerk to call the roll for the vote thereon:
:]
Yeas: Jenny, Neef, Jensen, Kubie, Long, Reyzlik.
Nays: None.
~bsent: Baker, Gutschow.
Motion: Carried.
3881
,,/ I
Blair, Nebraska
April 10, 1979
OPENING
The Mayor and Council of the City of Blair, Washington
County, Nebraska, met in regular session in the Council Chambers
at 7: 30 0 T clock, P.M., Mayor Jensen presided at the meeting and
City Clerk Douglas E. Bullock recorded the proceedings of the
meeting. .
t
ROLL CALL
The Mayœ directed the Clerk to call the roll, and on roll
call Council members Jenny, Jensen, Kubie, Long, Neef,and Reyzlik
were present. Council members Baker and Gutschow were ~itbsent.
ORDER OF BUSINESS
Whereupon the Mayor announced that the introduction of
ordinances was now in order.
\J
It was moved by Council member Jensen and seconded by
Council member Long that the minutes of the proceedings of the
Mayor and Council in the matter of the passage and approval of
Ordinance No. 1255 be preserved and kept in a separate and distinct
volume mown 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 member Jenny called for the question. The Mayor put the
question and directed the Clerk to call the roll for the vote
thereon:
.~~
Yeas: Jenny, Jensen, Kuhie, Long, Neef, Reyzlik.
Nays: None.
Absent: Baker, Gutschow.
Motion: Carried.
ORDINANCE NO. 1255
Introduction of Ordinance No. 1~55 of the City of Blair,
Nebraska, and the matter now coming before the Mayor and Council
was, the passage and approval of Ordinance No. 1255 of the City of
Blair, Nebraska. This Ordinance No. 1255 was introduced by Council
member Kuhie and is in words and figures as follows:
'J
ORDINANCE NO. 1255
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA,' AMENDING THE MUNICIPAL
CODE OF SAID CITY BY ADDING A NEW ARTICLE 21 TO CHAPTER 10 BUSINESS
REGULATIONS ENTITLED IT CABLE TELEVISIONIT AND A NEW ARTICLE 22 TO'
SAID CHAPTER ENTITLED ITPENAL PROVISION, IT AND 'AUTHORIZING THE SAME
TO BE PUBLISHED IN BOOK OR PAMPHLET FORM; 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, AS FOLLOWS:
I .
, I
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SECTION 1. That a Comnnmity Antenna Television Code is
hereby adopted by the City of Blair, Nebraska, which shall be
cited as the 1978 Cable Television Ordinance of Blair, Nebraska.
SECTION 2. Under the provisions of Section 18-132,
R.R.S. Nebraska 19~3, because said Cable Television Code is a
standard code which contains rules and regulations printed as
such code in book and pamphlet form, and because not less than
/' i
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3882
three (3) copies of such standard cable television code have
bee~ filed for use and examination by the public in the offices
of the City Clerk of the City of Blair, Nebraska, prior,to the
adoption thereof, no publication of said complete cable tele-
vision code is required by law.
I
SECTION 3. That said Cable Televisio~ Code, being
adopted in book or pamphlet form pu~suant to the above statute~,
is by reference incorporated herein. Not less than three (3)
copies of such cable television code shall be at all, times kept
current in the offices of the City Clerk of the City of Blair,
Nebraska.
SECTION 4-. That all ordinanceq or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5. That this ordinance shall be in force
and take effect from and after its passage, approval and pub-
lication as provided by law.
Passed and approved this 10th day of April, 1979.
Attest:
~..~~
M. Stanley Je en, ayor
Do~~o~ierk'"
(S eal)
FIRST READING
The Mayor directed the Clerk to read by title Ordinance
No. 1255 of the City of Blair, ,Nebraska. The Clerk thereupon read
the aforesaid Ordinance No. 1255 by tit¡e upon its first reading.
: Whereupon Council member Jensen moved that Ordinance
No. 1255 be approved on its first' reading and its title agreed
to. Council member Long seconded the motion and Council member
Jenny called for the.question. The'Mayor put the qUestion and
directed the Clerk to call the roll for the vote thereon:
Yeas: Jenny, Neef, Jensen, Kubie, Long, Reyzlik.
Nays: None.
Absent: Baker, Gutschow.
Motion: Carried. ,
SUSPENSION OF RULES
'\ Whereupon it was moved by Council member Jensen that
the statutory rules requiring reading on three different 'days be
suspended for consideration of this ordinance. It was seconded
by Council member Long and'Council member Jenny called for the
'question. The Mayor put the question and directed the Clerk to
call the roll for the vote thereon: '
, .
Yeas: Jenny, Neef, Jensen, Kubie, Long, Reyzlik.
Nays: None.
Absent: Baker, Gutschow.
Motion:, Carried.
T'
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~~----~--,~-,----- -",,-,"~,~,
ORDINANCE NO. 1255
'.
IJ.
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AMENDING
MUNICIPAL CODE OF SAID CITY BY ADDING A NEW ARTICLE 2
CHAPTER 10 BUSINESS REGULATIONS ENTITLED "CABLE TELEV
AND A NEW ARTICLE 22 TO SAID CHAPTER. ENTITLED "PENAL
VISION". AND AUTHORIZING THE SAME TO BE PUBLISHED IN
OR PAMPHLET FORlvl; RE PEAL IN,G ALL ORD I NANCES OR PARTS
ORDINANCES IN CONFLICT HEReWITH AND PROVIDING WHEN TH
ORDINANCE SHALL BE IN FORCE.AND EFFECT.
TI'IE
TO
SION"
PO-
OOK
F
S
BE IT ORDAINED BY THE MAYOR AND CITY ~OUNCIL OF THE C TY OF
BLAIR. NEBRASKA, AS FOLLOWS:
SECTION 1.
That a Community A,ntenna Televisi n Code is
her e b y ado p't e d by t he C i t Y 0 f B 1 air, Neb r ask a, w hi c h. h all be
cited as the 1978 Cable Television Ordinance of Blair
Nebraska.
~J
SECTION 2.
Under the provi~i~ns of Se£tion 18-132,
R.R.S. Nebraska 1943, because said Cable Television C de is a
standard code which contains rules and regulations pr'nted as
s~ch code in book and pamphlet form, and because not
ess than
three (3) copies of such standard cable television co e have
been filed for use and examination by the public in t e offices
of the City Clerk of the City of Blair, Nebraska, pri r to the
adoption thereof, no publication of said complete cab e tele-
. vision code is requireid by law.
SECTION 3.
That said Cable Television Code, ~~ing"
I.J
adopted in book or pamphlet form pursuant to the a~ov stat~te,
is by rehrenu incmo~ed here~. Not less iliu t~ree (3) .
copies ~f such cable television co~e shall be at all ~imes kept
current in the of£ices of the City Clerk of the City of Blair,
Nebra$ká.
SECTION 4.
That all ordinances or parts or [ordinances
in conflict herewith are hereby repealed.
SECTION 5.
That'this ordinance shall he in ¡force
and take effect from and after its passage. approval and
publication as provided by law.
Passed and approved this
10th day of April, 1979.
\J
ATTEST:
~~
DOUGL' BULL CK, CITY CLERK
O'FFICES OF
O'HANL.ON 8< O'HANLON
LAWYERS
BLAII'!, NEBI'!ASKA
¡
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, '"
ORDINANCE NO.
12S5
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, AMENDING THE'
MUNICIPAL CODE OF SAID CITY BY ADDING A NEW ARTICLE 21 TO
CHAPTER lO BUSINESS REGULATIONS ENTITLED IICABLE TELEVISION"
AND A NEW ARTICLE 22 TO SAID CHAPTER ENTITLED "PENAL PRO"'- .
VISION", REPEALING ALL ORDXNANCES 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, AS FOLLOWS:
SECTION 1.
The Municipal Code of the City of Blair,
Nebraska, is hereby ame~ded to read as follows:
CHAPTER 7
BUSINESS REGULATIONS
ARTICLE 2l. CABLE TELEVISION
10-2101
FRANCHISE GRANTED AND LIMITATIONS
The franchise to be granted by the City of Blair pur-
suant to this ordinance shall grant to the grantee the right,
privilege and franchise to ~rect, construct,. operate and maintain,
in, upon, along, across~above, over and under the str~ets,
alleys, public ways and public places now laid out or dedicated
and all such extensions thereto and additions thereto in the City;
and poles, wire, cables, underground, conduits~ manhples, and
other television conductors and fixtures neces~ary for the main-
tenance and operation of a tATV system for the interception, sale,
transmission and distribution of television programs and other
audio-visual electrical signals and the right to transmit the
same to the inhabìtants of the City on the terms and conditions
hereinafter set forth.
The City of Blair expressly reserves the'
right to grant a similar use of said streets, alleys, public
ways and places to any person at any time during the period of
this franchise.
It is fu~ther the intention of this ordinance
to limit the activity/of a grantee hereunder solely to the oper-
ation of cable television systems within the £ity of Blair.
/'
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BL.AIR, NEBRASKA
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10-2102
DURATION OF FRANCHISE GRANT
The term of the franchise to be granted by the City
of Blair pursuant to this, ordinance shall be for a period of
fifteen (15) years f~Qm and after the grant and acceptance date
of the franchise to be awarded~ subject to the conditions and
restrictionß as hereinafter provided~ and further provided that
the Mayor and City Council sb~ll have the right to review such
franchise periodically at such time as the Mayor and City Council
may from time to time elect to do so and as hereinafter provided.
10-2103
FRANCHISE RIGHTS SUBJECT TO POLICE POWERS
,J
In accepting this franchise~ the grantee acknowledges
that its rights hereunder ars subject to the police power of the
City to adopt and enforce general ordinances necessary to the
safety and welf~re of the public;
and it agrees to comply with
all applicable general laws and ordinances enacted by the City
pursuant to such power.
10-2104
TERMS;
DEFINITIONS
This ordinance'shall be known and may be cited as the
"Blair Cable Television Ordinance" and it shall become a part of
the Code of Ordinances of the City of Blair~ Nebraska~ with the
following definitions applicable thereto.
1.
AGENCY
Agency means the person~ department, or agency desi-
"
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gnated by the City Council to act in matters related to CATV.
2.
CABLECASTING~ ORIGINATION AND ACCESS
Cablecasting means programming (exclusive of broadcast
signals) carried on a cable television system.
3.
CATV
Community' antenna television system or cable television
system or CATV system means any faci~ity~ the primary function
of which is either to receive and amplify the broadcast signals
..
of one or more tele~ision and radio stations or to provide signals
for additional closed circuit programming, and to redistribute
such signals to members of the public w~o subscribe thereto or
to whom redistribution 6f such signals is required by the
OFFICES OF
O'HANLON & O'HANLON
LAWYE'RS
BLAIR, NEBRASKA
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ordinance~ by means of wires, cables, conduits, or Bny oth~r
devices 'which are above, below, on, in, or along highways or
other public places.
4.
FRANCHISE HOLDER
Franchise holder means the person or'company awarded
a franchise for the operation of a CATV system in the City of
Blair, the franchise to be awarded in accorda~ce with the
provisions of applicable law, including this ordina~ce.
5.
CONVERTER
Converter means an electronic device which converts
signals to a frequency not susceptible to interfeience wit~in
the television reteiver of a subscriber, and by an appropriate
channel selector also permits a aubscrib~r to view aIr signals
delivered at designated dial locations.
6.
DISTRICT
c
District means the area within ~hich the cabYe operator
will provide service.
7 .
SERVICE, BASIC AND ADDITIONAL
1.
Ba~ic subscriber service .means the ~otal
of all the following:
(a) The transmission of all cablecast channel signals
as are required by the FCC to match the number of
broadcastchßnnel signals being transmitted; and
(b) The installation and reconnection of subscriber
service outlets
2.
Additional services means any of the
follo.wing:
(a) Such video services as the transmission of
cablecast video advertising messages and pay 'tele-
vision signals.
8.
SUBSCRIBER'
Subscriber means any person, firm, corporation, or
other entity receiving for any purpose the service of the grantee
herein.
OFFICES OF
O'HANLON 8: O'HANLON
LAWYERS
BJ..AIR. NEBRASKA
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9.
STREETS AND HIGHWAYS
Streets means streets, avenues, highways, boulevards,
concourses, driveways, bridges, tunnels, parks, parkways, water-
ways, docks, bulkheads, wharves, piers, alleys, all other public
rights of way,
~
to the City.
10. SYSTEM
and publi~ grounds or waters within or be~onging
System means the broadband communications facility
which is to be constructed. operated, and maintained by the
Company within the City of Blair.
The sYßtem shall have a mini-
mum 20 channel capacity.
21-2105
FRANCHISE REQUIRED;
DURATION;
EXCLUSIVITY
1.
The City shall grant a franchise for the use of the
streets within the City for the construction, operation, and
maintenance of a CATV system.
No system shall be allowed to
occupy or use the streets of tbe City or be allowed to operate
without a CATV franchise.
2.
The franc'tlise shall be grante'd for a term of
fifteen (15) years;
thereafter, after full public hearings, and
according to the franchise renewal procedure that follows, the
franchise may be renewed tor periods of ten (10) years as in the
opinion of the City Co'uncil will serve the pu~lic ,interest.
(a)
Procedure to consider franchise renewal:
1. Twelve months before expiration of the franchise
the City Council shall instruct the CATV Advisory
Board to review the performance of the franchisee and
the content of the CATV ordinance.
2. After giVing public notice, the Board shall pro-
ceed to determine whether the operator has sa~isfac-
torily performed his obligations under the franchise.
To determine satisfactory performance, the Board shall
look at the technical developments and performance
of the system, programming, other services offered,
cost of service, and any other particular requirement
set fo~th .1n the ordinance. Also, the Boaid shall
consider the franchisee's annual reports made to th~
City or the FCC; provision shall be made for community
comment, and industry performance on a national basis
shall be consider~d.
3. A four-month period shall be provided to determine
the franchisee's eligibility for renewal.
OFFICES OF
O'HANLON Be O'HANL.ON
LAWYERS
BI.AIR, NEBRASKA
4. The Board shall then prepare amendments to
the franchise ordinance that it believes necessary.
5. The Board shall submit to the City Council recom-
mendations in regard to (1) renewal of the franchise,
(2) changes to the franchise, and (3) amendments to
the franchise ordinance. .
6. If the City Council finds the franchisee's perfor-
mance satisfactory, a new franchise may be granted
pursuant to the ordinance as amended.
7.. In the event the current franchisee is determined
by the City Council to have performed unsatisfactorily,
new app~icants shall be sought and evaluated by the
CATV Advisory Board and a franchise award made by the
City Council according to a CATV franchising procedures
adopted by the City Council.
21-2106
REEVALUATION
1.
The City ~nd the franchisee may hold scheduled
\,1
reevaluation sessions within thirty (30) days of the fifth an-
niversary dates of the franchisee's obtaini~g certification for
the system from the Federal Communications Commission.
All such
reevaluation sessions shall be open to the public and announced in
a newspaper of general circulation at least five (5) days before
each session.
2.
Special reevaluation sessions.
Special reevaluation
I
sessions may be held at any time during the term of the franchise.
Allsueh reevaluation sessions shall be open to the public and
announced in a newspaper of generaL circulat~on at least five (5)
days before each session.
3.
Topics to be reevaluated.
The following topics.
may be discussed at every scheduled reevaluation session:
1
service rate structures;
free or discounted services;
appli-
cation of new technology;
system performances;
services provided;
programming offered; . customer complaints;
amendments to this
ordinance;
undergrounding progress;
and judicial and FCC rulings.
4.
Topics in addition to those listed may be added if
agreed upon by ~he parties.
Members of the general public may
add topics either by wo~king through the negotiating parties or
by presenting a petition.
If such a petition bears the valid
signatures of fifty or more residents of the City, the proposed
topic or topics shall be added to the list of topics to be dis-
cussed at the reevaluation session.
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OFFICES OF
O'HANLON 8c O'HANLON
'. LAWYERS
. BLAIR, NEBRASKA
, ..
21-2107
CANCELLATION AND TERMINATION ~
1.
The City Council may cancel the franchise con-
ferred by this ordinanc~'at any time prior to its expiration
date upon a finding, made after thirty (30) days notice of the
proposed ca~ce11ation and public hearing, that the grantee has
fai1e4 to cure one or more of the following defects during a
sixty (60) day period following written notice by the City
Council to the grantee of such a defect:
(a) Material breach, whether by act or omission,
of any terms or conditions of this franchise ordinance.
(b) Material misrepre~entation of fact in the appli-
cation for or negotiation of the franchise.
(c) Failure to provide subscribers or users with
adequate service ~n the best interest of the public
convenience and welfare.
21-2108
CONTINUITY OF SERVICE
~ontinuity of Service Mandatory.
The grantee shall
be required to provide continuous service to all subscriberB in
return for payment of the established fee.
If the grantee over
builds, rebuilds, modifies or sells the syste~, or the grantdr
revokes or fails to renew this franchise, or grantor elects to
purchase the system, the grantee is required as part of this
franchise to continue to operate the system until an orderly
change of operation is effectuatad.
In the event the grantee
fails to operate the system for five consecutive, days without
prior approval of the City Council, the City or its agent may
operate the s~stem until such time that a new operator is
selecte~.
21-2109
TRANSFERS AND ASSIGNMENTS
The franchisee operating under this ordinance shall
not be permitted to sell, lease, sublease, transfer, or other-
wise change working control of the franchise herein granted with-
out prior written consent of the City of Blair.
For the purpose
of determining whether it shall consent to s~ch change transfer,
or acquisition of control, the City Council may inquire into the
prospective controlling party, and the franchisee shall assist the
City Council in any such inquiry.
If the City Council does riot
OFFICES OF
O'HANLON 8: O'HANLON
LAWYERS
BI.AIR, NEBRASKA
.,
, '
schedule a hearing on the matter within sixty (60) days after
notice of the change or prpposed change and the filing of a
petition requesting its consent, the City ßhall be deemed to'
have consented.
In the event that the City Council adopts a
resolution denying its consent, and such change, tran~fer, or
acquisition of control has been effected, the City Counci~ may
terminate the franchise.
1.
The consent or approval of the City Council to
any assignment, lease, transfer, sublease, or mortgage of the
franchise granted to the franèhisee shall not constitute a
waiver or release of the rightsóf the City in and to the
streets.
2.
In the absence of extraordinary circumstances, the
City Council will not approve the assignmeit of the franchise
by the franchise prior to completiori of construction of the CATV
system.
21-2110
FRANCHISE AREA
Grantee shall submit, in addition to the applíc~tion
for franchise, a map showing the franchise area and the pro-
jected co~struction completion date.
The map shall clearly
delineate any areas which will not be served, if any.
21-2111
ANNEXATION
Upon the annexation of any new territory by the City
,.
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of Blair, the portion of the CATV system that may be located or
operated within such territory, and the streets, alleys, or
public grounds thereof,shall thereaft~r be subject to all the
terms of this grant as though it were an extension made theri-
under.
21-2112
STANDBY POWER
The cable system operator shall maintain equipment
capable of providing standby powering for head end transportation
and trunk amplifiers for a minimum of two hours.
The equipment
shall be constructed so as to automatically nptify the cable
(
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office when it is in operation and to automatically revert to
OFFICES 01'
O'HANLON Be O'HANLON
LAWYERS
BLAIR. NEBRASKA
(.
I
the standby mode when the AC power returns.
All utility
safety regulations must be followed to prevent a standby
generator from powering the "dead" utility line, with possible
injury to an unwitting lineman.
21-2113
ANTENNA SWITCH FOR ALTERNATIVE USE OF
OFF-AIR ANTENNAS.
Grantee shall ,install, at a reasonable cost, an RF
switch upon request by the subscr~ber.
21-2114
TECHNICAL STANDARDS & SPECIFICATIONS
Methods of construction, installation, and maintenance
of the City's cable television system shall comply with the
I,.
.
National Electrical Safety Code, National Electrical Co4e of
1975, National Bureau of Standards Handbook 81 (Part 2), National
Bureau 'of Standards, U.S. Department of .Commerce Novemb~r 1, 1961,
to the extent that such Codes are consistent with local law
affecting the construction, ipstallation, and maintenance of
electric supp~y and communications lines.
To the extent that
such Code is inconsistent with other provisions.of this franchise
or with local law, the latter shall govern.
21-2115
TOWER CONSTRUCTION
Any tower constructed for use in th~ City's cable
television system shall comply with the standards contained 'in
Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures, ErA Standards R~-222-A as published by
thê Engineering Department of the Electronic Industries
Association, 2001 Eye Street, N.W., Washington, D.C.
20006.
21-2116
TOWER;
FAA REGULATIONS
Installation and physical dimensions of any tower
constructed for use in the City's cable tètlevision system shall
comply with all appropriate Federal Aviation Agency regulations
including, but not limited to, Objectives Affecting Nav~gab1e
Airspace, 14 C.F.R.
77.1 et seq., February, 1965.
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OFFICES OF
O'HANLON ec O'HANL.ON
LAWYERS
BI-AIR. NEBRASKA
,/
21-2117
ANTENNA STRUCTURE
Any antenna structure used in the City's cable tele-
, vision system shåll complý with Construction Marking, and
Lighting of Antenna Structure, 47 C.F.R. 17.1 et seq., Sep-
tember, 1967.
21-2118
OSHA REGULATIONS
All wo~king facilities and conditions used during
construction, installation, and maintenance of the City's
cable television system shall comply with the standards of
the Occupational Safety and Health Administration.
21-2119
FCC REGULATIONS
The Company.shall comply fully with ~he rules and
standards for cable television operations as adopted by the
Federal Communications Commission.
47 C.F.R.
76.601-76.613
(1972) .
21-2120
CITY REGULATIONS
The Company shall comply fullY with the rules and
regulations contained and promulgated within this ordinance
and all other City ordinances which apply to the operation of
the cable system.
21-2121
RF LEAKAGE
The Company may be required to check for stray
radiation (Rf leakage) at reception locati~ns for emergency
radio services to prove no interference signal combinations
are possible.
S~ray radiation shall be measured adjacent to
any proposed aeronautical navigati~n radio sites to prove no
interference to airborne navigational reception in the normal
flight patterns.
2.1-2122
TWO WAY CAPABILITY
The franchise shall maintain a plant having technical
capacity for nonvoice return communications.
/
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NEBRASKA
".
2l-2123
HEAD END EQUIPMEN'T
The grantee shall construct, own and operate its
own Head End Equipment consisting of a community antenna and
tower and satellite receiving station.
The Head End Equipment
shall be located within the ,City Limits of the City of Blair
or within two (2) miles therefrom.
21-2124
MICROWAVE SERVICE PROHIBITED
The grantee is prohibited from provid1ng subsidiary
setvice to its subscribers by means of microwave reception from
a cable television system located in another city.
'\,
21-2125
LOCAL REGULATORY FRAMEWORK AND REGULATIONS;
REMEDIES FOR BREACHES
1.
In the event that its service to any subscriber
is interrupted for twenty-four (24) consecutive hours, except
for acts of God, and except in circumstance~ for which the prior
approvalvof the interruption is obtained from the City Council
grantee shall provide a prorated rebate of the monthly fees to
affected subscriber.
2.
In the event that its service to any subscriber is
interrupted for one hundred sixty-eight (168) 'or more' consecutive
hours, except for acts of God, and except in ci~cumstances for
which the prior approval of the interruption is obtained from
the City Council, grantee shall provide a hundred percent (100%)
rebate of the monthly fees to the affected subscribers.
21-2126
CONSTRUCTION TIMETABLES
Service shall be made available to seventy (70%) per-
cent of the City within two (2) years of the date .of the franchise
and ninety (90). percent of the City within three (3) years of the
date of certificate.
Upon the reasonable request for service by
any person located within the City, the company shall, within
sixty (60) days~ furnish service to such person.
A request for
service shall be unreasonable for the purpose of this subdivision,
if occurring within five (~) y~ars from the effective date of
the certificate and no trunk line installation capable of
OFFICES OF
a'HANLON Be O'HANLON
LAWYERS
8L.AIR, NESRASKA
servicing that person's block has as yet been installed. or. if
occurring at any time and direct access cannot be obtained to
such person's premises and all other means of access are highly
impracticable.
21-2127
FORECLOSURE. RECEIVERSHIP
1.
Upon the for,eclosure or other judicial sale of all
or a substaniial part of the system.' or up~n the termination of
any lease'covering all or a substantial part of the system the
,
Company shall notify the City of such fa~t. and such notification
shall be treated as a notification that a change in control of
the Company has taken place. and the requirements of this ordi-
I
',._~
nanc~ governing the consent of the City Co~ncil to such change
in control of the Company shall apply.
2.
The"City Council shall hav~ the right to cancel
the franchise one hundred twenty (120) days after the appointment
of a receiver. or trustee.
to take over and conductth~ business
of the company. whether in receiverships reorganization. bankruptcy.
or other action or proceeding. unless such. receivership ,or
trusteeship shall have been vacated prior to the expiration of
th~ said one hundred twenty (l20) days. or unless:
(a) Within one hundred twenty (120) days after his
election or appòintment. such receiver or trustee
shall have fully complied with all the provisions
of this ordina~ce and remedied all def~ults there-
under. and.
(b) Such receiver o,r trustee. within said one hundred
twenty (12) days shall have executed an agreement.
duly approved by the Court having jurisdiction in
the matter. whereby such receiver or trustee assumes
and agrees to be bound by each and every provision
of this ordinance and the certificate granted "to the
company.
21-2128
ESTABLISHMENT OF A REGULATORY ENTITY
1.
Continuing Regulatory Jurisdiction.
The City shall
have continuing regulatory jurisdiction and supervision over the
operation of any franchise granted hereunder and may from time to
time adopt such reasonable rules and regulations as they may deem
necessary for the conduct of the business contemplated thereunder.
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
PLAIR, NEBRASKA
. "
2.
Authority to establish CATV Advisory Board.
The
continuing regulatory jurisdiction of the City shall be exercised
by the City of Blair City Cpuncil.
The City Council shall have
the authority to establish and appoint a CATV Advisory Board
consisting of nine'(9) members who sh~ll serve fo~three (3)
year terms with such terms to be staggered.
Such Board's
duration shall be at the pleasure of the Council and should such
Board be established it shall advise the City Council on its
regulatory jurisdiction and may have the following responsibilities
and duties at the direction of the City Council.
(a) Resolving disputes or disag~eements between sub-
scribers and the grantee after an investigation should
the sub&criber and the grantee ,not first be able td
resolv~ their view or disagreement. Said decision or
findings maybe appealed to the CityCoun~il.
(b) Reviewing and auditing all reports and filings
submitted to~the City as required hereunder and
such other correspondence as may be submitted to the
City concerning the operation of the cable television
network, and reviewing the rules and regulations set
by the grantee company.
(c) Assuring
tinent to the
City of Blair
the public at
requests.
that all tariffs, rates, and rules per-
operation of the CATV system in the
are made available £or inspection by
reasonable hours and upon ~easonable
21-2129
PROCEDURE FOR ANY DAY TODAY REGULATION
1.
Any f~rmal inquiry, proceeding, investigation, or
other formal action,to be taken or proposed to be taken by the
City Council in regard to the operations of the company's cable
television system shall be taken only after thirty (30) days
public notice of such action or proposed action is published in
a local daily or weekly newspaper having general circulation in
the City of Blair, a copy of ,such action or, proposed action is
. ,
served directly on the company, and the company has been given
an opportunity to respond in writing and/or a hearing as may be
specified by the City Council, and general ~embers of the public
have been given an opportunity to respond or comment in writing
on the action or proposed action.
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NEBRASKA
"
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2.
The public notice required by this action shall
state clearly the action Or proposed a~tion to be taken, the
time provided for .response and the person or persons and
authority to whom such responses should be addressed, and sùch
other 'procedures as may be specified by the CATV Advisory Board.
If a hearing .is held, public participation will be allowed.
The
grantee is a necessary party to any hearing ~onducted in regard
to this operation.
21-2130
FUNCTIONS TO BE REGULATED
1.
A franchisee shall maintain an office in the City,
which shall be open d~ring all usual business hours, have a
\"-~
publicly listed telephone, and be so operated that complaints
and requests for repairs or adjustments may be received on a
twenty-four (24) hour basis.
2 .
A franchisee shall maintain a repair and trouble-
shooting force capable of responding to subscriber complaints
or requests for service within twenty-four (24) hours after
receipt of the complaint or request.
No direct charge shall be
l
made to the subscriber for this service.
21-2131
SUBSCRIBER COMPLAINT PROCEDURE
1.
Subscriber Notice of Complaint Procedures:
The
franchis~e shall establish procedures for receiving, acting upon,
and resolving subscriber complaints to the satisfaction of the
Council.
The franchisee shall furnish a notice of such pro-
cedures to each subscriber at the time of initial subscription to
the system.
2.
Complaint Records:
The franchisee shall maintain
a written record or "log", listing date and time of customer
complaints, identifying the subscriber and- describing the nature
of the complaints and when and what action was taken by the
franchisee in response thereto;
such record shall be kept at
franchisee's local-office, reflecting the operations to date for
a period of at least one (1) year, and shall be available for
inspection during regular business hours without further notice
or demand by the Council.
.OFFICES OF
O'HANLON ð: O'HANLON
LAWYERS
BLAIR, NEBRASKA
.
/
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3.
Repetition of Similar Complaints:
When there
have been similar complaints made or where there exists other
, ,
evidence, which, in the judgment of the Council casts doubt on
the reliability or quality of cable service, the Council shall
have the right and authority to ~ompe1 the franchisee to'test,
analyze and report on the performance of the system.
Such test
or tests shall be made, and the reports, of such test or tests
shall be delivered to the City no later than fourteen (14) days
after the City formally notifies the franchisee.
Such report
shall include the following information:
(a) The nature of the complaint which precipitated
the special tests.
(b)
What system component was tested.
(c) The equipment used and procedures employed in
said testing.
(d)
The method in which such compl~ints were recorded.
Any other information pertinent to the special test shall be
recorded.
The City's right under this provision shall be limited
to requiring tests, analyses, and reports ~overing specific
subjects and characteristics based on said complaints or other
evidence when and under such circumstances as the City has reason-
able grounds to believe that the complaints or other evidence
require that tests be performed to protect the public against
substandard cable service.
21-2132
EMPLOYMENT REQUIREMENTS
A franchisee shall not deny service, deny access, or
otherwise discriminate against subscribers, channel users, or
general citizens on the basis of race, color, ~eligion, national
origin, or sex.
A franchisee shall strictly adhere to the equal
employment opportunity requirements of the FCC, as expressed in
Section 76.13 (h) and 76.311 of Chapter 1 of Title 47 of the Code
of Federal Regulations. The franchisee shall comply at all times
,(
with all other applicable federal, state, city, and county laws,
OFFICES 01'
O'HANLON ð: O'HANLON
LAWYERS
BLAIR, NEBRASKA
/
L.
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and all executive and administrative orders relating to non-
discrimination.
A franchisee shall make a positive effort to
hire racial minorities, women and other protected groups as
,subcontractor if av~ilable and qualified~
2l-2l33
FRANCHISE FEES
The graritee'shall pay, as compensation to the City,
an occupation tax which shall be calculated as follows:
three
(3%) percent times the base rate t~mes the ~umber nfsubscribers
and shall be calculated separately for each month.
The tax shall
be paid annually commencing on May 1 of the ,first year of oper-
ation by the grantee and continuing on May 1 of each succeeding
year.
Each páymentshall be'accompanied by a statement for each
month of the preceding year executed by an officer of the grantee
certifying the number of subscribers served during each of said
months.
2l";'2l34.RATES
Prior to beginning ,operation, the grantee shall file
with th~ city a sch~dule of tariffs which shall include all
fees, charges and rates to b~'ch~rged to s~bscr~bers.'
There-
after, if any of said fees, c~arges or rates a~e changed, th~
grantee shall notify the city 'of, said changes in writing at
least thirty (30) ~ays before said change~.~akeeffec~.
At the time of the adoption of this ordinance the
city chooses not to become involved in the'~atemakingprocess,
believing that supply and demand will be an effective rate,
control.
However, the city reserves the right, at some future
date, to become involved in the rate making process and td
approve or disapprove proposed rates.
, 21-2135
USER CLASSES & DIVISIONS
Division of users and subscribets, and' the classes for
purposes of rates~
Subscribers may be div'ided into commercial and resi-
dential classes.
Nothing in this prov~sion shall proh2bit the
OFFICIIS OF
O'HANLON 8c O'HANL.ON
LAWY ERS
BLAIR. NEBRASKA
/'
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reduction or waiving of charges in conjunction with promotional
campaigns for the ~urpose of attracting subscribers.
Rates for
commercial and noncommercial users of access channels may be
established separately.
Nothing herein shall prohibit prefer-
ential rates for noncommercial users.
21-2136
ADVANCE CHARGES & DEPOSITS
A franchise may require subscribers to pay for each
month of basic service in advance at the beginning of each month.
Nothing in this provision shall be construed to prohibit charges
or waiver of charges for initial installation or reconnection.
21-2137
INSTALLATION & RECONNECTION
Except as otherwise provided elsewhere in this ordinance,
a franchisee may make a charge to subscribers for the installation
of service outlets and for the reconnect ion of service outlets.
21-2138
DISCONNECTION
There shall be no charge for disconnection of any in~
stallation or outlet.
If any subscriber fails to pay a properly
due monthly subscriber fee, or any other properly due fee or
charge, the franchisee may disconnect the subscribers service
o~tlet, provided, however, that such disconnection shall not be
effected until thirty (30) days after the due date of said
delinquent fee or charge and shall include ten (10) days written
notice of the intent to disconnect delivered to the subscriber in
question.
.If a subscriber .pays thirty (30) days after payment
is due and after notice of disconnection has been given, a
franchisee shall not disconnect.
After disconnection, upon pay-
ment in full of the delinquent fee or charge the payment ofre-
connection charge, a franchisee shall promptly reinstate a sub-
scribers cable service.
21-2139
RECORDS & REPORTS
1.
ANNUAL REPORTS
No later than December 31 of each Year, a franchisee
shall submit a written repo~t to the City, in a form directed by
OFFICES- OF
O'HANLON ð O'HANLON
LAWYERS
BLAIR, NEBRASKA
the City Council, which shall include:
(a) A summary of the previous year activities and
development of this system, including, but not
limited to, services begun or dropped, subscribers
gain 'or loss.
(b)
A copy of the company's balance sheet.
(c), A list of office:t;s and members of the board of
the franchisee and the parent corporation, if any.
(d) A list of ail sto~kholders holding three (3%)
percent orJmore of the voting stock of a' franchisee
and the parent corporation, if any.
21-2140
USE OF PUBLIC PROPERTY AND CONDITIONS FOR USE
1.
)
The grantee's use of existing poles or conduits
belonging to the City of Blair, or the erection or construction
of new poles or condu1ts shall be governed by a separate Pole
Use Agreement.
2.
All wires, conduits, cables,and other property
and facilities of the grantee shall be so located, cons~ructed,
installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel
upon the streets of public places of the City.
The grantee
shall keep accurate maps and records of all its facilities and
furnish copies of such maps and records as requested by the City.
3.
The City shall gtve the grantee reasonable notice
of plans for street improvement where paving or resurfacing of
a permanent nature is involved.
The notice, shall give the grantee
sufficient time to make any additions, alterations, or repairs
to its facilities as it deems necessary in advarice of the actual
commencement of the work, so as to permit the grantee to maintain
continuity of service.
4.
Requests for Removal or Change:
The grantee shall,
on the request of any person holding a building moving permit,
temporarily raise or lower its wires to permit the moving of said
building.
The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the
same, and the grantee shall have the authority to require such
payment in advance.
/--
OFFICE:S OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NE:BRASKA
/
5.
Authority to Trim Trees:
.The grantee shall have
\"
the authority, to trim trees overhanging upon streets, alleys,
sidewalks, and other public plac~s of th~ City so as to prevent
the branches of such trees from coming in contact with the wires
and cables of the company.
The grantee shall make every effort
to preserve the esthetic beauty and viability of any trees
trimmed.
21-2141
SELECTION PROCESS;
WRITTEN APPLICATION
REQUIRED
No license, franchise, or renewal thereof shall be
issued except upon written application to the City Council on
an application form prescribed by the City Council.
Such form
shall contain such information as the City Council may prescribe
as to, the citizenship and character of the applicant, and .the
financial technical and other qualification of the applicant to
operate the system;
complete information as to its principals
and ultimate beneficial owners, inc1uding~in the case of cor-
porations, all stockholders, both nominal and beneficial, owning
one (1%) percent or more of the issued and outstanding stock, and,
in the case of incorporated associations, all members and ultimate
beneficial owners, however designated;
complete information on
the extent and the quality of service, number of channels, hours
of operation, variety of p~ograms, local coverage, safety measures,
installation and subscription fees;
and such other information
as the City Council may deem appropriate or necessary.
Such
application shall be signed by the applicant or by a duly authorized
representative.
Each applicant shall make full disclosure of
the true ownership of the applicant and of the equipment to be
employed an~ rendering service and of the source of funds for
the purchase, lease, .rental and installation of such equipment.
Each applicant shall set forth as completely as possible the
equipment to be employed, the routes of the wires and ca~les,
the area or areas to be served, the approximate starting and
completion dates of construction of the system and the dates
(-
,
service will actually be available to the areas named.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BI.AIR, NEBRASKA
21-2142
PUBLICATION OF APPLICANTS FOR FRANCHISE
The City Council ~hall after the last date fixed for
receipt of the applications caused to be published in t'he local
newspapers of general circulation a notice of public hearing,
giving the time, date, places of said hearings, and listing
the names of the applicants and inviting public examination of
the applicant and the applications, and invi~ing testimony on
the qualifications of said applicants.
21-2143
PUBLIC HEARINGS
'~
.Public hearings shall be cdnducted in accordance with
standards of due process in fairness to applicants and the public,
and in accordance with the FCC rules and regulations and ~rders
and policies pertinent to such hearing.
Each applicant will be
notified of the time and location of his application to be
cons id er e.d.
SECTION 2.
That there is hereby created a new Article
and Section of the Municipal Code of the City of Blair to read
as follows:
'r¡\
ARTICLE 22.
PENAL PROVISION
10-2201
VIOLATION;
PENALTY
It shall be unlawful for any person to fail to comply
with the provisions herein, and every person failing .tocomply
with, or violating any of the provisions of this chapter shall
be deemed to be guilty of a misdemeanor, and upon conviction
thereof, shall for each offense, be fined in any sum not
exceeding one hundred ($100.00) dollars..'
SECTION 3.
If any section, sentence, clause or phrase
of this ordinance is held unconstitutional or void, such un-J
constitutionality or voidness shall not affect the validity of the
remainder of the ordinance, and any portions in conflict are
hereby repealed.
Provided, however, that in the event that the
Federal Communicãtions Commission declares any section invalid,
that such section or .sections will be renegotiated by the City
(
Council and the grantee.
OFFICES OF
O'HANLON 8: O'HANLON
LAWYERS
BLAIR, NEBRASKA
,
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SECTION 4.
That a11,'ordinances or parts of ordi-
nances in conflict herewith arê hereby repealed.
SECTION 5.
That this ordinance shall be in force
, ,
and take effect from and after ~ts pessage, approval and
publication as provided by law,.
Passed and approved this 10th
day of
'April
1979.
~~A~~' ~
ATTEST:
4¡.:Þ~~.,.. t: ,bJ L.-I .:-
c7
CITY CLERK
(S EAt)
OFFICES OF
O'HANLON Be O'HANLON
, LAWYERS
BLAIR. NEBRASKA
ORDINANCE NO. 1256
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 140
'IN THE CITY OF;.BLAIR, NEBRASKA, DESIGNAtING THE PURPOSE OF
SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID
DISTRICT, PROVIDING FOR THE MANNER O~ PAYMENT OF THE STREET
IMPROVEMENTS THEREIN, AND PROVIDING WHEN SAID ORDINANCE SHALL
TAKE EFFECT "
ßE 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 foll~wing described streets in the City of
Blair, Nebraska:
From the existing concrete pavin'g on Front
Street East to Lot Ten (10) in K-Span Industrial Park Subdivision,
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 created Street Improvement
District No. 140 of the City of Blair, Washington County, Nebraska
SECTION 2.
The street improvements to be made on said
streets in said district sh~ll be to pave the sacie, 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 Im-
provement District No. 140 and subject to special assessments to
pay for the co~t and expenses of said street improvement is all
. of the pTivately 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 ~butting upon and adjacent
to said streets to be improved, to-wit:
Lots Six (6), Seven (7), Eight (8), Nine {9), and Ten
(10) in K-Span Industrial Park Subdivision, in the
City of Blair, Washingt6n County, Nebraska.
OFFICES OF
P'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
~/
",
SEGTION 4.
The cost of said imprDvements in said
, ,
'.
improvement district shall be paid out Qf the fund created by
the levy and assessments on the lots and parcels of land in
,
gaid Street Improvement District benefited the~eby in proportion
't.o said benefits, all as by the Statptes of the State ;öf Nebraska
in such cases made and provided.
SECTION 5.
This ordinance shall take effect and be in
force frpm and after its passage, approval and pu,blication as
provided by law.
Passed and appr~ved this 24th day of April, 1979.
ATTEST:
~u~fty CLERK
(SEAL)
OFFICES OF
O'HANLON Be O'HANLON
LAWYEijS
BLAIR. NEBRASKA'
ORDINANCE NO.
1257
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BLAIR,
NEBRASKA, BY ADDING TO CHAPTER 11 OF SAID CDDE A NEW ZONING
CLASSIFICATION TO BE KNOWN AS DISTRICT (C) CONDOMINIUM; DE-
,FINING THE MEANING OF THE TERM CONDOMINIUM; 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, AS FOLLOWS:
SECTION 1.
That Section 11-302 of the Municipal Code
of the City of Blair, Nebraska, is hareby amended to add the
following definition.
-CONDOMtNIUM shall mean individual owner-
ship of a single unit in a mu¡ti~unit building or complex of
buildings, said definition to be inserted in said section im-
mediately following the definition No. 48, Commercial Equipment
Buildings.
SECTION 2.
That Section 11-603 of the Municipal Code
of the City of Blair, Nebraska, i~ hereby amended to add the
following zoning district C Condominium and appending or combining
districts designated to provide for the development of condo-
miniums without ä ~rimary zoning district.
SECTION 3.
That there is hereby added to the Municipal
Code of the City of Blair, Nebraska, a new Section 11-620 which
shall read as follow~:
11-620 DISTRICT .(C) CONDOMINIUM.
A.
Characteristics.
This zoning district is created to be appended to
another primary residential district to provide for
the placement and location of one (1) or more condo-
. mini um units.
B.
Principal Uses Permitted.
Any principal uses permitted in the primary zoning
district to which the (C) CONDOMINIUM classification
is appended.
C.
Conditional Uses Permitted.
Any conditional uses permitted in the primary zoning
district to which the (C) CONDOMINIUM classification
is appended, and, in addition thereto, condominiums.
D.
Accessory Uses.
Any accessory uses"permitted in the primary zoning
district to which the (C) CONDOMINIUM classification
is appended.
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
, '
E.
Height and Lot Area Requirement.
All height and lot area requirements in the primary
zoning district to which the (C) CONDOMINIUM classi-
fication is appended shall apply, except as follows
when a 'conditional use permit is granted for the
placement of a condominium:
I, Lot area requirements shall be reduced
by fifty (50) per; cent, and each lot owner shall
receive credit for his prorata share of common ground.
2. Side yard and rear yard requirements
shall be zero, but only in the event that such side or
rear lot line is abutted by an ~djoining structure or
is abutted by a common ground of a width of depth of
at least that required for a side yard or a rear yard
in the primary zoning district to which the (C)
CONDOMIN1UM classification is appended.
F.
Other applicable provisions,
1. A minimum of two (2) off-street parking
spaces per dwelling unit shall be located on the same
lot.
2, Any dwell~ng with a zero side yard or rear
yard shall have no openings on that side abutting the
lot line unless that side abuts 'common ground.
3,' Only one (1) building for living purposes
shall be permitted on one (1) zoning lot, except as may
be otherwise provided herein.
SECTION 4,
That all ordinances or parts of ordinances
in confliçt herewith are h~reby repealed,
SECTION 5.
That this oidinance shall be in force and
take effect from and after its passage, approval and public~tion
as provided by law.
Passed a:ò:d approved this 8th day of May", 1979.
<-¡¡¿ , Æ(~
M. STANLEY J E MAYOR
ATTEST:
DOU¡¿~!i, ~K
(SEAL)
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
"'.
ORDINANCE NO. 1258
'"
AN ORDINANCE AMENDING SECTION 2-201 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLTCr HEREWITH; AND PROVIDiNG WHEN THIS ORDI-
NANCE SHALL BE IN FORCE AND EFFECT. .
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1.
That Section 2-201 of the Municipal Code
of the City of Blair is hereby amended to read as follows:
, 2-201'
CITY PLANNING COMMISSION;
MEMBERS.
The City Planning
>~ommission shall consist of nine (9) members who shall represent,
,.
insofar as is possible, different professions or occupations in
~he municipality and who shall be appointed by the Mayor by and
with the approval of three-fourths (3/4) vote of the Council.
Two (2) of 5uch members may be residents of the atea over which
the City is authorized to exercise extraterritorial zoning and
subdivision regulations.
All members of the commission shall
serve as such without compensation and shill hold no other muni-
cipaloffice.
The term of each member shall be three (3) years.
Three (3) members of the commission shall be appointed by the
Mayor and Council as aforesaid each year.
Vacancies occurring on the Planning Commission shall be
filled by appointment by th~ Mayor and confirmation by the Council
for the unexpired terms in the same manner as original appointments.
(Ref. 18-1303 RS neb.)
SECTION 2.
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3.
This ordinance shall be in force and take,
full effect from and after its passage, approval and publication
as provided by law.
Passad and approved this 22nd day of May, 1979.
ATTEST:
~~
no " S BULLOCK, CITY CLERK
'V} ~F
M. .STANLEY JE SE , MAYOR
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR. NEBRASKA
STATE OF NEBRASKA
)
)
)
: ss:
WASHINGTON COUNTY
DOUGLAS BULLOCK, hereby certifies that he is the duly
appointed, qualified and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and.City Council of said City
held on the 22ndday o£ May, 1979.
~~.~
DO G MBULL K
OFFICES OF
O'HANLON.Sc O'HANLON
LAWYERS
BLAIR, NEBRASKA
~,
Ie
ORDINANCE'NO.1259
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE
BOND ANTICIPATION NOTES OF THE CITY OF BLAIR, NEBRASKA OF THE
PRINCIPAL AMOUNT OF $3,000,000 FOR THE PURPOSE OF PROVIDING INTERIM
FINANCING FOR THE COSTS OF EXTENDING, ENLARGING AND IMPROVING
THE CITYT S WATER WORKS PLANT AND WATER SYSTEM AND EQUIPPING THE
SAME PENDING THE ISSUANCE OF PERMANENT REVENUE BONDS; PRESCRIBING
THE FORM OF SAID NOTES, AGREEING TO ISSUE WATER REVENUE BONDS TO
PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE
FUNDS; AGREEING TO COMPLY WITH APPLICABLE REGULATIONS AND REQUIRE-
MENTS OF THE FARMERS' HOME ADMINISTRATION; AND ENTER:¡:NG INTO A
CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF'SAID NOTES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
Section 1.
The Mayor and Council hereby find and determine that it is
necessary ,and advisable to extend, enlarge and improve the CityTs waterworks
plant and water system (the nWater SystemTT) by construction of a new water
treatment plant and of new water mains and related ~mprovements; that the
City has applied for and has received a combined loan and grant commitment
from the Farmers Home Administration ($3,376,000 10an/$1,550,000 grant);
that as one of the conditions for receiving the loan, the City.is required to
provide interim financing in an amount not less than $3,000,000; that contracts
are about to be entered into for such improvements; that it;J.s necessary for
i
I
! the City to have funds available to meet its payment obligation on said con-
tracts and to meet its obligation to provide interim financing; therefore,
it is necessary and advisable that the CitY issue its Notes pending permànent
revenue bond financing pursuant to Sections 18-1803 to 18~1805, R.R.S~ Neb.
: 194-3; that the City has currently outstanding the following indebtedness which
constitutes a lien upon the revenues of the CityTs Water System:
a) Combined Electric and Water Revenue Bonds, dated March 1,1965,
issued in the original principal sum of $690,000, presently outstanding
in the amount of $55,000.
. b) Combined Electric and Water Revenue Bonds, Series of 1972, dated
January 1,1972, issued in the original principal sum of $600,000,
presently outstanding in the amount of $4-20,000'.
c) Combined Electric and Water Revenue Bond Anticipation Notes, dated
May ~5, 1977, issued in the original principal sum of $1,100,000
presently outstanding in the amount of $1,100,000.
d) Combined Electric and Water Revenue Bond Anticipation Notes, dated
November 15,1977, issued in the original principal sum of $110,000,
presently outstanding the amoUnt of $110,000.
that all of the foregoing described indebtedness also constitutes
a lien upon the revenues of th~CityTs
.. .- "'--'-~-"~-~'~-"'~""" ."
"'~"'-""~""'~""""--'---'--"'- ,-~ I
ele~h:1c !ish' pltmt and electric system and for purposes of reference in this Ordi. nonce shall
hereafter be referred to as the :IOutstanding Indebtedness II; that the Outstanding Indebtedness represents
, '. '
the only, indebtedness of the City constituting a lien upon the revenue and earnings of the Wat~r
"'. ,.. " "
<"~,..,,',..', ."~ ,,"'" , ,:',', .. "", ,,"', . ,',
5yst~m; thfL'!7~,Citÿ,i~~! in de,~,~~lt<'i~the f~~~rmanc~.or anyéovenan~s;'agreeme"'ts or o~ligation~~?:~~
"~ontainedin thé Ordi~ances aúthòrizing the bond~'d indebtedness refer;~d to in ~bs~ction '(a) and ~
J ." . '..c, " , , , ' , ,
t
(b) above¡ that all conditions, acts and things required by law to exist or to be done' precedent'
to the issua~ce ~ry!oter Reve':1ue Bon~,Anticipation Notes in the amount of $3,000.(000 do exist
..
and r:cve bee~" d~ne as ~equired by'law.' . ,
',:,'
"
.. ',-
, ,
Secti~n 2. '~For th~ purpose o(providin~ interim financing for the' costs of extending enlargin~, ,'~,:,
. " '" ;" " ",",;;.,
and improÝing the City's Water Sy~tem pending the issuance of permanent Water Revenue Bonds by the'::'
,'f
Ci ty of BIoi r, there ,sholl be and there are hereby ordered issued notes of the Ci ty of BIoi r, Nebraska'
to be known as IIWater Revenue Bond Anticipation NotesJl ,of the aggregate principal amount of
Three Million Dollars ($3,OOP,OOO) consisting of 120 notes numbered from 1 to 120 inclusive,
in the' denomination of $25,000 each, all notes being doted June 15, 1979 and bearing interest
at the rate of five and seventy-five hundredths per centum (5.75%) per annum payable on the 15th
day of June" 1980 and semiannually thereafter on the fifteenth day of Decem ber and June in each
year with the principal of said notes to become due and payable as follows:
Notes No.
Amount
Maturict'y
1 - 120
$3,000,000
June 15, 1982
provided.( however, the City reserves the right to redeem any or all of said notes at any time on or
after June 15, 1980 upannot less than ten doys written notice at par and crrued interest to date
fixed for redemption. Such noticeof call for redemption shall be sufficient if H has been communicated
to a registered holder of said not or notes.by certified mail with return receipt requested, addressed
to the registered address of said registered holder. Said notes shall not be a debt of the City within
\ '
the meanirg of any constitutional, statutory, or charter limitation upon the creation of general
obligation indebtedness of the City" and the City sholl not be liable for the payment thereof out
of any money of the City other than from moneys received by the issuance and safe of permanent
Water Revenue Bonds""as described herein and from monies in the Water Revenue Bond ~nticipation
'.. ',,-" , ...
" , .."" - , ^"
Sect ion 4.
. .
.'
UNITED STAT'ES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
WAT~R REVENUE BOND ANTICIPATION NOTE
OF THE CITY OF BLAIR, NEBRASKA
NO.
, 'I
.,',.' , . -.'.. .. ' , , . ", :'°'1
'/ KNOW ALL MEN BY THESE PRESENTS: That the City of Blair in the County ~f Wcshingtò~
Stat~"' of Nebraska hëreby acknowledges itself to òwe and for value received promises to pay tt) thi
own'er, hereof out of the special fund hereinbelòw designated, but not otherwise, the sum of 1WE~
THOUSAND DOLLARS in lawful money of the United States of America on the1Sth day of June"
interest thereon from date hereof until maturity at the rate of five and seventy-five hundredths pe
per annum (S.7S%); 'payable on the fifteenth day of June, 1980 and semiannually thereafter on t
day of December, and June in each year. The principal of this note and any interest due upon me
earlier call for ¡'edemption is 'payable at the office of the City Treasurerof Blair, Nebraska upon
and surrender. òf the note when due or when called for payment prior to maturity. The payment 0
hereon, falling due prior to maturity or call for redemption, shalf be made by the City Treasurer
poyment to the address of the registered owner hereof as such address shall appear on the note res
tained by said City Treasurer. I
'. This note is redeemable at the option of the City at any time on or after June 15, 1980, at
ac~rued interest to' date fixed for redemption. Notice of call of any note for redemption prior te
shall be sufficient if given in writing and mailed to the registered owner at the address shown on
register not Jess than ten days prior to the date fixed for redemption. '
This note is one of an issue of 120 notes numbered from 1 to 120, inclusive, of the total p
amount of Three Million Dollars ($3,000,000), in the denomination of $2S,OOO each, of even d.
tenor herewith, issued by the City of Blair for the purpose of providing interim financing f¡.;)r the
extending, enlarging and improving the C,ty's waterworks plant and water system and equipping
pending the issuance of permanent Water Revenue Bonds. The issuance of this note and the othe
this issue has been lawfully authorized by ordinance duly passed, signed and published by the ,
City Council of said City in strict compliance with Sections 18-1803 to 18-180S, Reissue Revise
Nebraska, 1943. '
The interest and principal of this note are payable from monies in the "Water Revenue Eon
Note Payment Fundll as described in the Ordinance authorizing the issuance of said series of n01
is hereby mode to said Ordinance for a full description of the covenants of the City wi th respec1
of notes. In said .Ordinance, the City has agreed among other things, to issue and sell its Wate
in an amount sufficient to. enab1e it to take up ~nd pay off said series of notes at or prior to mati
This note shall not be a debt of the City of Blair, Nebraska within the meaning of any COI
statutory or charter limitation upon the creation of general obligation indebtedness of said City
shall not be liable for the payment thereof out of any money of the City other than from the pro'
.Water Revenue Bonds and from moneys in the Water Revenue Bond Anticipation Note Payment FI
reserves the right to issue additional Water Revenue Bond Anticipation Notes for the purpose of
Notes of this issue at orprior to. maturity and for the purpose of paying for additional in'lprovemE
water system . The ordinance under which these notes are issued constitutes an irrevocable cont
the City and the holders of all of said notes and said contract cannot be changed or altered wit!
written conse!1t of the ho¡'ders of seventy-five p~r ~entum (7S%) in principal amount of the notel
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required
exist or to be done precedent to and in the issuance of this note did happen, were done and per
regular and due form and time as provided by law.
I~ W.lTNESS WHEREOF the Mayor and City Council have caused this note to be execute!
of the City of Blair by being signed by the Mayor and attested by the Clerk and by causing the
of the City to be affixed hereto. .
DATED this lSth day of June~ 1979.
CITY OF BLAIR, NEBRASKA
!""" .-~
REGISTRATION
, " ~ , "
, ' ,,' : 'i'", "\ ,,' ""
This note shall be regi$tered ~s to both principal and interest on the books of the City of '-'.-. .
, "",' ," ,'.' '..".,j-"::,~:
Blair~ ;Nebr~ska,~hi~h sh~tÍ :be ke~t bÝ the City Treasurer of said Ci ty I. as payihg age~t and not~ ",::
registr~r I who shaH make notation dfsùch registråtion in- the registration blanks below. This note'
! '
may be traÐsferred only upon an ass~gnment duly executed by the registered owner or h is attorney", , ,
or legal rep~~sentctive in such form ¡as shall be satisfaétory to ~àid paying agent and note registrœ=.
The principal of this note',and jnt~r~st hereon shall be payable only to fheregist~red owner or his
, .s, -, ," , ':,'"
legol representative. Interest pay+en ts,shalJ be'~aiJed by the paying agent to the registered o~ner
---
- :~" , I "
at-his registered address as shown om the note register maintained by said paying agent and note
, '
I -
regi strar.
DATE OF
REGISTRATION
NAME OF
REGISTERED OWNER,
SIGNATlJRE OF
NOTE REGISTRAR
,
,',
,
i ' .~-
c,
,~
"
Section 5. The City Treasurer is hereby designated as paying agent and note registrar
for the Water Revenue Bond Anticipation Notes herein ordered issued and is hereby authorized
to make payments of interest and prine,ipal from funds available for sueh purposes as provided
herein as the same fall due. ;
." -
, ,,'
, ,,'
, , "', ,
Section 6. The City hereb/covenants a~d a~reesto issue and sell its W~t~r Reven¿e Pon~;,',:"~
in a suffkient amou':1t and at such times as will enable it to take up and payoff the Wate~ Rev~n~e
Bond Anticipation Notes herein ordered issued, both prinCipal and interest, at or prior to maturity. .
, .
The City hereby further covenants and agrees to take all required octions r:lecessary to ,comply with.
....
the requ i rements, regu I at ions and condi tions of the Farmers Home Þdmi ni nstration re I at ing to the Joan',', '
and grant described in Section 1 hereof and pledges and agrees to use the funds from said Joan to
pay the principal and inter~st of the notes herein authorized. . The ,Mayor and City Clerk are
hereby authorized to execute and deliver on behalf of the City the Memorandum of Agreement
Regarding Interim Financing, between the Oty, the Farmers Home Administration and the purchaser
of said Notes in substantially the form presented to this m~eting, but with such changes or modifi-
"
cations as by them are deemed necessary, desirable or aþpropriate and are further authorized
to execute and deliver ciny and all other documents or certificates necessary to complete the issuance
and sale of the Notes herein authorized.
Section 7. There is hereby ordered established a special fund to be known as liThe Water Revenuf;
Bond Anticipation Note Payment Fund", which shall be kept as a separate fund apart fram all other
funds of the City. The proceeds of the Water Revenue Bonds of the City to be issued, evidencing
the loan from the Farmers Home Administration, shall be deposited into said f~nd and disbursed from
said fund only for the purposes of taking up and paying off the Water Revenue Bond Anticipation
Notes herein ordered issued. Interest on said notes sholl also be payable from said 'fund. In
order to assure the payment of said interest as it falls due there shall be deposited in said fund all
earnings from the temporary investment of the proceeds of said notes, while inv~sted prior
to disbursement for costs of improvements to the Water System, as ,provided in Section 9 hereof.
The City further agrees that to the extent the total amount of interest to be paid on said notes
is not fuIlX provided for from earnings on the temporary investment ,of ~he proceeds of the notes
(b)
" ' c~~í' ,,'>"""':i' ;;:~ß,"if;".',.,;j,:J::",
of Section 1 hereof. Th~éïty f~rfhe( ~9rees !~~.tjt,,"WÌlI eståbHs~
~.. ~ r"'"
'rnaintQin' ond collect rates and charges for water service throughout the life of said notessuffjcient
to enable the City to issue and sell its Water Revenue Bonds in an amount necessary to pay the
prinèipol and interest thereon of the Notes at or prior to maturity and agrees to use the proceeds
from such issuance of Water Revenue Bonds for taking up and paying off said Notes at or prior to
mqturity provided, h:>wever, the City shall have the right to issue while the Notes are outstanding
other Water Revenue Bonds the proceeds of which may be, used to pay the Outstanding Indebtedness
de!>Cribed in Section I-hereof and shalJ- not be required to deposit,the proceeds of sUch Water Revenue
Bonds into the Water Revenue ~nd Anticipation Note Payment Fund as estabJj~hed herein and any such
Water Revenue Bond,s shall be prior in lien to the Notes herein authorized. The City further agrees
that said rates and charges shall also be sufficient to provide for all costs associated with the owner-
ship, òperation¡ maintenance¡ renewal and replacement of the City's Water System¡ including pro-
viding for the payment of priocipal and interest, as the some become due, on the Outstanding Ind-
ebtedness and interest on this issue of notes¡ if necessary ¡ from the Combined Electric and Water
Utilities Fund.
Section 8. The City hereby reserves the right to issue additional Water Revenue Bond
Anticipation Notes for the purpose of refunding the notes herein ordered issued at or prior to maturity,
and for the purpose of paying additional costs of extending¡ enlarging and improving the Water
System. This ordinance shall constitute an irrevocable contract between the City and the holders
of all of said notes and said contract cannot be chan~d or altered without the written consent of
the holders of 75% in principal omount of notes then outstanding. '
Section 9. There is hereLycreated with the City Treasurer of the City of Blair the 1979
Water System Jmprovement Fund. The pFOceed~ of tre salè of the Water Revenue Bond Anticipation
Notes sholl be deposited into said fund which shall be kept separate and apart from 01/ other
funds of the-City. Moneys in said fund shall be used ond applied solely to pay the costs of
construction of the improvements t,o the Water System as described in Section 1 hereof. Dis-
bur~ements from said fund shall be mode upon certificates for payment which have heen executed
by the City's engineer and opprovedby the Board of Public Works of the City of Blair. Moneys
0 '
- ,
,in said fund which are not immediately required for paying the costs of the improvements described
any i~~estments wh!c:t.~re permissaJjle for turds of a City of the '
","', ',-"
rn(J'fJ;~,'Þr h~.[e~eerJ?~breatJheoptionof the h:;,lder at such' time'-
"".>,¡"~,,:~c<r~;¿~J/~;:,,'¡i,",."",' ",", ", -,
'fhè'd~~'tórpJ;rf?{~~,ofpoì'ing t~e,/<:osts 'of,Jheimprove~ .",,!e'.
i"!~i;7:i~',;,'\,;,".iC>,,:', i:'}'+'. ,, ~,:;"':~" c,
..,"'~£~~ CEarnio9sôn'stiëh)~\,'estments shall betrcmsferred by the cfty , /!
, , /:i,>':ër;(;~k~'\!~it.~¡.:"::':~';>..; ';;~;,
Tre£2surer ostheybecornê avaiJable to the Water ReverÌueBond Anticipation Note Pa}'ment Fund.
,,' , ,', ,;.>.,' '"ft,' «§;,Þ~i;';~~:~;:'I;.' ' " ,',
Monies in The Wafer R~venu~ 'B:>~d kti~ipation t'bte "pÖ);~ê'nt fund maybe si~iJarly invested
., .1 .I',~"., ~" :'~- j! '~,~ I' '~,';:,~,r ,- .. ". ~::-'-;':¡;/\(;~::~/~,;t~.~~: ",:: ,~";,~,-¡~;:,;" C" '1,: ~. '
¡""...,"',~",..,."':' "'j-" """'1")'" '.'..,
;" ',' :', :: : ' ,
"
, .
» .
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"
Section..1O. The City Treasurer shall be bonded, in addition to his official bond,
in an amount sufficienJ to cover moneys which may be placed in his hands pursuant to the
" '" ",'...", , ' ,'" .. '
provisions of this ordinance, said _b~nd shall be in 'an original amount of not less than $1,000,000
and may be ~educed as moneys are "expended in such a manner that the amount of said. bond
shall always be equal to or exceed the lesser of $ 1,000,000
or the amount of une~pended
proc~eds of the notes herein authorized. Any other person employed by the City in the
collection or handling of moneys derived from or related to the City's, Water System and
... .
derived from and related to the funds provided for in this Ordinance sholl ålso be bonded
'..
in amounts suffi cient to cover all moneys which may at any time he placed in his hands.
All such bonds shall have as surety thereon a reputable insurance company avfhorized to
do business in the State of Nebraska.
Section 11. The City will maintain as long as any of said n.ates are outstanding with
reputable insurance cor1)panies insurance on the City's Water System, including the
improvements described in Section 1, of the kind and in the amount as would commonly be
carried by private utilities engaged in and operating the same or similar utilities. Such
insurance shall include, but not necessarily be limited tor workmen's compensationr public
~
liability, firer windstorm and comprehensive coverage. In e~ent of any !oss or damage
to any part of the Water System, the proceeds which may be collected or paid on any
policy ór policies covering the same, shall be used by the City to rehabilitate said Water
, ,
System.
Section 12. The City Clerk shall make and certify a complete transcript of the
proceedings hod and done by said City precedent to the issuance of said ootes which shall be
delivered to the purchaser of the notes. After being executed by the Mayor and Clerk said
notes shall be delivered to the City Treasurer who sholl be responsible under his offi cial
bond. The City Treasurer is authorized and dire::ted- to deliver said notes to the purchaser
upon receipt of payment of the purchase price in accordance with the contract of the City
r
, ""----1'~'
": "
Section 14-.
The City hereby covenants to the purchasers and holders of
the notes hereby authorized that it will make no use of the proceeds of said
note issue, including moneys held in any sinking fund for the payment of said
notes, which, if such use had been reasonably expected on the date of issue
of said notes, would have caused said notes to be arbitrage bonds within the
meaning of Section 103 (c) of the Internal Revenue Code of 1954-, as amended,
and further covenants to comply with said Section 103 (c) and all applicable
regulations thereunder throughout the term of said note issue.
Section 15.
If any section, paragraph, clause, or provision of this
ordinance shall be held invalid, the invalidity of sucþ section, paragraph,
clause, or provision shall not affect any of the other provisions of this
ordinance.
Section 16.
All ordinances, resolutions or orders, or parts thereof,
. in conflict with the provisions of this ordinance.are to the extent of said
conflict hereby repealed.
'I
Section 17.
This ordinance shall be in full force and effect from and
after its passage as provided by law.
PASSED AND APPROVED this 22nd day of May, 1979.
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ATTEST:
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City C rk
_c-c-c---~-~~1'~-'
ORDINANCE NO.
1260
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 141
IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE OF
SAID DISTRICT, DEFINING THE LIMITS AND BOUNDARIES OF SAID
DISTRICT, PROVIDING FOR THE MANNER OF PAYMENT OF THE BTRE~T
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 abutt.ing upon the streets
to be improved as hereinafter set foTth, petitioning for the
improvement of the follawing described streets in the City of
Blair, Nebraska:
In El~venth Street from the existing 6-inch
concrete paving in Jackson Street North to the existing concrete
paving in Eleventh Street, 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 created Street Improvement District No. 141 of the City of
Blair, Washirigton County~ Nebraska.
SECTION 2.
The street. improvements to be mæde on
said streets in said district shall be to pave the same, the grade
of said streets to conform to ~he 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 Im-
provement District No. 141 and subject to special assessments to
pay for the cost and expe.nses of said street improvement i.s 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 Eight (8), inclusive, in
Johnson's Addition to the City of Blair, Nebraska.
OFFICES OF'
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NE:BRASKA
)
SECTION 4.
The cost: of,s-aidiJ,nprovements 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 sa~d benefits, all as by the statutes of ¿the State of Nebraska
in such cases made and provided.
SECTION 5:
This ordinane shall take e£fect and be ,in
force from and after its passige,
provided by law.
pproval and pub¡ica~ion as
Passed and approved this 12th day Qf,June, 1979-
ATTEST:
jj ~ /: #J,.u.., L( .
DOUGLAS E. BULLOCK, CITY CLERK
(SEAL)
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
, BL.AIR, NE!!IRASKA,-
~?~
M. STANLEY JENSEN, MAYOR
ORDINANCE NO.
1261
AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 44
OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUN-
DARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND
TERMINAL POINTS OR THE SANITARY SEWER LINES. WITHIN SAID DISTRICT;
AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE
ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR,. NEBRASKA:
SECTION .1.
The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisable to extend the municipal sanitary sewer system beyond
the existing system by the construction of sanitary sewer mains
and that for the purpose of constructing said sanitary sewer
mains there is hereby created Sanitary Sewer Extension District
No. 44 of the City of Blair, pursuant to 'authority granted in
Section 19-2402, R.R.S. Neb. 1943.
SECTION 2.
The outer boundar~eg of S~nitary Sewer
Extension District No. 44 shall include the following described
real estate:
Lots One (1) through Eight (8).inclus:fve, in' Johnson's Addition
to the City of Blai~, Washingtón County, Nebraska.
The size, location and terminal points o£ the sewer mains in
said district shall be as follows:
an 8 inch vetrified clay tile sewer line in Eleventh
Street from the existing 8 inch Sanitary Sewer in
Jackson Street North to the North line of Johnson's
Addition. '
SECTION 3.
Reference is hereby made to the plans and
ipecifications for said sanitary sewer extensions which have been
prepared by Stewart Smith & Associates, Incorporated, special
engineers, for the City, and which, together with said engineers'
estimate of the total cost for th-e proposed sanitary sewer ex-
tensions have heretofore been filed with the City Clerk.
SECTION 4.
The engineers' estimate of total cost for
the proposed sanit.ary sewer extension improvements in said District
is $5,199.50.
SECTION 5.
The Mayor and Council hereby find and
determine that none of the properties locaied within said District
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NEBRASKA
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!re presently served by the City's existing system of sanitary
sewer service, and that said District constitutes an area of
,
r
land located apart and-outside the area served and benefited by
said system.
SECTION 6.
Said proposed work of improvement shall
proceed forthwith and bids for the construction thereof will be
received by the Mayor and Council of the City of Blair, Nebraska,
, .
up to the hour of 7:30 o'clock, P.M., JUly 10,1979, said bids
to be filed with the City Clerk of said City and thereafter ~o
- .
be opened, considered and acted upon -by the Mayor and Council on
behaLf of said City, always reserving the right to reject any and
all of such bids with or without cause.
SECTION 7.
The Mayor and tity Clerk are hereby
authorized, empowered and directed to forthwith cause to be
published in ~he official newspaper of the City a Notice to
Contractors of the time and place for receiving bids for such
work of improvement, the same to be published three times 1or
three consecutive w~eks prior to said date for receiving bids.
\
Passed and approved this 12th- day of June, 1979.
..~.
~'1J;_.' . ~
M.STANLEY JE SE , MAYOR. .
ATTEST; ,
~B~LT'l CLERK
(SEAL)
OFFICES OF
O'HANLON 8: ,O'HANLON
LAWYERS
BJ..AIR, NEBRASKA
ORDINANCE NO.
1262
"",
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AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 21 OF THE
CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF
THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL
POINTS OF THE WATER LINES WITHIN SAID DISTRICT; AND REFERRING
TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN
CONNECTION THEREWITH ON FILE WITH THE CITY CLERK.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1.
The Mayor and Council of the City of Blair,
Nebraska, hereby find and determine that it is necessary and
advisabl~ to extend the municipal water system beyond the exist-
ing system by the construction of water mains and that for the,
purpose of constructing said water mains there is hereby created
Water Extension District No. 21 of the City of Blair, pursuant to
authority granted in Section 19-2402; R.R.S. Neb. 1943.
SECTION 2.
The outer boundaries of Water Extension
District No. 21 shall include the following described real estate:
Lots One (1) through Eight (8), inclusive, in Johnson's
Addition to the Clty of Blair, Washington County,
Nebraska.
The size, location and terminal points of the wat~r mains in said
district shall be as follows:'
a six-inch cast iron water main located in Eleventh
Street from the existing 6" water main in Jackson
Street North to the existing water main in Eleventh
Street.
SECTION 3.
Reference is hereby made to the plans and
specifications for said water extensions, which have been pre-
pared by Stewart Smith:& Associates, Incorporated, Special
Engineer for the City, and which, together with said engineer's
estimate of the total cost for the proposed water extensions,
have heretofore been filed with the City Clerk.
SECTION 4.
The engineer's estimate of ~dtal cost for
the proposed water extension improvements in said District is
$4,055.00.
SECTION 5.
The M~yor and Council hereby find and deter-
mine that none of the properties located within said District
are presently served by the City's existing system of water
service and that said District constitutes an area' of land located
OFFICES OF
O'HANLON 8: O'HANLON
LAWYERS
BLAIR, T-/EBRASKA
apart: and outside the area served and benefited by said system.
j ,"
SECTION 6.
Said proposed work of improvement shall
proceed forthwith and bids for the constructian thereof will be
received by the Mayor and CouDcil of the City of Blair~ Nebraska,
~p to the hour of 7:30 otclock, P.M., July 10,1979~ said bids
to be filed with the Citr Clerk of said City and,thereafter to be
opened, cons~deredánd actedupo~ by the Mayor and Council on
behalf of said City~ always reserving the right to reject any and
all of such bids with or without cause.
SECTION 7.
The Mayor and'City Clerk are hereby auth-
ori zed, empowered and directed, to forthwi thcause to be published
in the official newspaper of tlfeCity a Notice to Contractors of
the time and place for receiving bids for such work'of improve-
ment, the same to be published three times for three consecutive
weeks prior to said date for receiving bids.
Passed and approved this'12th day of June, 1979.
71)
ATTEST:
~,~~ITY CLERK
(SEAL)
OFFice OF
O'HANL.ON 8< O'HANL.ON
L.AWYERS
BLAIR, NEBRASKA
,;
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, ORDINANCE NO.
1263
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AN ORDINANcE FIXING, SPECIFYING AND SETTING RATE CHARGES,
AVAILABILITY AND SERVICE SPECIFICATIONS TO CUSTOMERS OF THE
MUNICIPAL ELECTRICAL SYSTEM OF THE C,ITY OF BLAIR; REPEALING
ALL 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 rate charges,' availability
arid service specifications to c~stomers of the municipal
(
electrical syst~m of the City of Blair be fixed, specified
and set accoraing t& the terms and specifications of a
Resolution passed by the, Board of Public Works on
June 11
1979, a copy of' which Resolution is attached hereto marked
Exhibit "A" and by th'is reference made a part hereof, and
that all terms and specifications of said Resolution are
hereby adopted and ratified.
SECTION 2.
All ordinances o~ parts of ordinances
in conflict herewith are hereby repeal~d.
SECTION 3.
This ordinance shall be in force and
take full effect from and after its passage, approval and
p~blication as provided by law.
~ ~:' "
"Passed an,d approved this
day of '"jllU~
12th
..
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M. $TANLEYJ~
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ATTEST:
DOU¡Jt~Ct, ~
OFFICES OF
a-HANLON e. O'HANLOr-¡
LAWYERS,
'BI.AIR" NE8RASKA
"
i'
STATE OF NEBRASKA
)
)
)
: SS:
WASHINGTON COUNTY
DOUGLAS BULLOCK hereby certifies that he is the
duly appointed, qualified and acting City Clerk of the City
of Blair, Nebraska, and that the above and foregoing Ordinance
was passed at a regular meeting of the Mayor and City Council
on the
12th
day of
June
; 1979.
DOUGLAS BULLOCK, City Clerk
"
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OFFices OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
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EXHIBIT "A"
. ,
R E 8 0 L ,U T'r' 0 K
Be it resolved by the Board of Public Wórks of the
City of Blair1 Nebraska1 that the, rate ch~rges for electric
power to the easterners of the municipal electric power plant
of said city and classifications of the various types of cus-
tomer usage and service be fixed and sel by the adoption of
the general servic,e rat'es 1 residential service rates and
eleetric service regulations all as set forth on Exhibits
1 and 2 respectively at~ached hereto and by this reference
made a part hereof.
~e it further resolved th~t the general service
. rates, residential service rates1 and electric service
regulatiens as set forth on Exhibits 1 and 2 re~pectively
, . ,
attached hereto shall be the sole criteria for the deter-
mination and setting of rates for electric power to the cus-
tomers of the municipal electric power plant of Blair,
Nebraska, and for the service regulations and requirements
to be provided by said municipality, and that a.lI resolutions
prior hereto setting said charge~, rat$s, services, regula-
tions, and requirements are hereby repealed.
B& ~t further resolved th~t the classi£ications and
terms hereinb~fore fixed shall be and go ~nto effect with the
meter readin,gs made for' the billing period Mày 10, 1979 to
June 10, 1979, which ~i11 be billed to the consumer on or
about July 1, 1979.
Passed and approved this
11th
day of
June
, ,
1979.
CHAIRMAN
J. Hilton Rhoades
ATTEST:
SecretarY,JessWright
'.
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
~""-
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;BOARD OF PUBLIC WORKS
CITY OF BLAIR
RESIDENTIAL SERVICE:
Availability: To single-family dwellings, farms, trailers, or
to each of the units of fla,ts, apartment houses, or multi-
f~mily dwellings, when such units are metered indiVidually in
the City's Service Area. A "unitl1 shall be a tr~iler, apart-
ment, flat or unit of a multi-fami1Y dwelling, equipped ~ith
cooking facilities.
The single phase, alternating current, electr~c ,service will
be supplied at the City's standard voltages, for residential
uses, when all electric service furnished under this Schedule
is measured ~y one meter. This Rate Schedule incluaes service
for air-conditioning motors not exceeding 7 1/2 horsepower
each, other motors not exceeding 3 horsepower each; but excludes
X-ray 'and other appliancesprbducingabnormal voltage fluctua-
tions. The City shall not be required to furnish transformer
ca.pac ity in exces s of 2 5VKA. Not -app I icab I e to stàndby, break-
down', emergency, supplementary, shared or resale service.
Net Monthly Rate:
Summer
$4.08 cents for the fi~st 20 kilowatt-hours
3.8 cents ~er kilowatt-hour for the next 630
ki 1 owat t -h,ours
3.0 cents per kilowatt~hour for the next 850
kilowatt-hours
2.6 cent~ per kilowatt-hour for allover 1,500
kilowatt~hours. '
Winter
$4.08 for the ,first 20 'kilowatt-hours
3.8 cents per kll~watt-hour for the next 23D
kilowatt-hours ,
2.5 cents per kilowatt-hour for the next 6S~
kilowatt-hours
2.0 cents per kilowatt-hour for allover 900
kilowatt-hours
'\
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,: ,T'ne '~tJ,m~er ,ra,te shall Iilpply to billing 'pe,r~ods for t,l:sage',':ip ,"', ,';'. '
..,'~'ru~e',th;rQugh'S6:pteu1ber a-np. Winter r:~1:es sha,Ll applr to 'b,i.J:ti~g;"-
, 'p'erio~~ fbr, usage in October throug,þ May. ' ,,',- ',' .
Miriimum bill is $4.08
"
- A production adder may,be added, at the option of the Board of
Þublic Works, to any monthly billing period with the amount of
the produtiion adder to be determined from the previous month's
production adder as applied on the wholesale cost of electricity-
and carried to the nearest one mill.
Gross Monthly Bill: The net monthly hili, computed in accord-
ance with the Net Monthly Rate; plus Bn amount of 15% which
amount will be deducted if the bil~ is paid on or before the
gross date thereon.
Contract Period:
One Year, or longer, at City's option.
Service Regulations: The City's Service Regulations form a
part of this Schedul~ as though written herein.
Larse Farm and Residential Service: Large Farm and Residential
, Service may be provided under this Schedule for larger motors,
welders, crop, dryers, snow melting equipment, elevators, hoists
or similar equipment; where the City's distribution facilities
are suitahie for the service required. Transf~rmerslarger
than 25KVA capacity may be installed in accordance with the
City's Service Regulations. '
Special Conditions: If a building served through one meter can
be occupied asa residency by two, three or four families, each
family unit having separate cooking facilities, this basic
Schedule may be applied through'mutual agreement between the
Consumer and the City, by multiplying the number of kilowatt-
hours in each block, except the minimum block, of the Net
Monthly Rate, by the number of dwelling units so served;
otherwise, the General Service Schedule will apply.
The Consumer's w~ter'heating and spice heating equipment shall
be'a type approved by the City and shall be installed in accord-
ance with, the City's Service Regulations.' :
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'BOARD' OF'PUBLIC
CITY OF BLAIR'
GENERAL'SERVICE RATtL:
Availability:, To all ConsümersthroughoÙt theCit.y of Blair
Service Area.for single phase, or three phase if available,
alternatingcurrent,electTic 's.erviceatanyofthe City's
standard voltages, for,âlluses,whenall the Consumers
service at one location ,is measuredbyohe meter ,unless a
Coni-DIller takes emergency or special service as req.uiredbY
tneCity's Service Regulatiøns. 'Not applicable to standby,
breakdown, 'shared, or. resale ?ervice., '
, ,
NetMonthl~~ate!
Summer.
Winter
, ' ,
$4 d8for the first 20' kilowátt..hours
5.,3 cents per kilowatt-hour for'tþe next 80
k:il ówat t-hours, , '
4.8 ,cent spe,rkJ Iowa tt -hour for the next 900
kilowatt-hours,
3.6 cents per kilowatt-hour for the next 6500
kilowatt-hours'
3.6 cents per kilowatt-hour
kilowa tt -hours per ,kilowatt
2.6 cents per kilowatt~hoti~
kilowatt-hours 'per kilowatt
~1.9 cents perkilowatt""hour
kilowat,t-houI,'s, ,', ~""
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,$4'.'18f:ór-tÞe,')£irsJ':~:~~:':;; ":',.
4 .,3 cent sp er,Y:i 1 o'Wati:~ (}
, kilowatt-,hours ,',
5.S cents perkilo.watt-hour\ for the next, 6500
kilowatt-hours ,
3.5 centsper.kilowatt-hour
kilowatt-hours per kilowatt
2.4 cents per kilowatt-hour
kilowatt-hours per kilowatt
1~7~ents per kilowatt-hour
kilowatt-hours
fortb.e next 50
rifhilling (remand
for the next 200
,of billing demand
for all additiorial
"þt'4hQurs ,
bf.-'th'é'next 980
for the n'ext 50 "
of hilling demand
for the next 200
of billing ,demand
for all additional
The summer rate shall apply to billing periods for usage in
JunethroughSepteinberandwinterrates shall' apply to billing
periods, for usage ,in October through May'. ' '
,Min.imum billing shaJ.lbe $4.18, but not less than $l.TSper
kilowatt of billing demand, per month Òr any part thereof.
A production adder may be added, at the option of the Board
of Public Works, to any monthly billing period with the
amount of the production adder to be determined from the
previous month~s production adder as applied on the wholesale
cost of electricity and carried to the nearest one mill.
Gross mon~hly bill: The net monthly bill, computed in accordance
with the Net Monthly Rate; plus an amount of 15%, which amount
will be deducted if the bill is paid on or before the first
date thereon.
Determination of Billing Demand: Demand for any billing period,
shall be the kilowatts, ~s shown by or computed from the readings
of the City's demand meter, for th~ 3D-minute period of the
Consumer's greatest use during such billing period, but must be
equal to or gr~ater than the larger of the following:
85% of the highest 3D-minute demand proceeding 11
months, or
6~% of the highest 3D-minute demand during the winter
months of the proceeding 11 months.
If the demand, so determined, however, is less than 85% of
the Consumer's highest 3D-minute kilovolt-ampere demand"the
Board of Public Works, at its option, may increase demand
for the purposes of this -Schedule, by 1/2% for each 1% the
kilowatt demand is less than 85% of the kilowatt-ampere
demand.
Contract Period:
Minimum of five years.
Reconnection Charge: If a Consumer whose servic~ has been
disconnected has such sðrvice reconnected at the same location
within 12 months of such disconnection, the consumer shall be
charged a reconnection charge equal to the monthly minimum
charge for the location multiplied by t~e number of months
the location was disconnected. -
Service Regulations: The City's Service RegulatioÐ~ f6r~ a
part of this Schedule as though written herein.
Special Conditions: Consumer shall furnish, if r.queste~,
s~itable space on his premises for the City's transforming
equipment, and if 'required, suitable space for switching
and/or capacitor equipment.
, "
-The consumer's water heating and space heating equipment shall
be a type approved by the City and shall be installed in accord-
ance with the City's Service Regulations.
City shall not be required to furnish duplicate service here-
under.
,~-
----_.,~.-.u
ORDINANCE NO.
126LJ.
AN ORDINANCE FIXING, SPECIFYING AND SETTING RATE CHARGES, AVAILA-
BILITY AND SERVICE SPECIFICATIONS TO CUSTOMERS OF THE MUNICIPAL
WATERWORKS OF THEC ITY OF BLAIR; REPEALING ALL 'ORD INANCES IN CON-
FLIcT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT.
.BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1.
That the rate charges, availability and service
specifications to customers of the municipal waterworks of the City
of Blair are hereby set and specified as follows:
A.
Water services from the municipal waterworks of the City
of Blair shall be available to all customers w~thin the corporate
limits of ~aid City for all domestic, commercial and industrial pur-
poses.
B.
The gross monthly bill 'due each customer shall be com-
puted on the following rates to which shall be added an amount of 15
percent of the customer's bill:
First 330 cubic feet per month @ $2.44 per HCF
Next 370 cubic feet per month @ $1.16 per HCY
Next 16,300 cubic feet per month @ $.86 per HCF
Over 17,000 cubic feet per month @ $.72 per HCF
Minimum billing shall be based on meter size as follows:
5/8" or 3/4" meter
1" meter
1~" and 1~" meter
2" meter
Over 2" meter
$5.62 per month
$9.56 per month
$19.12 per month
$31.84 per month
By agreement
C.
An amount of 15 percent of the gross monthly bill shall
be deducted from each customer's bill if said bill is paid on p~ b~-
fore the due date indicated on the bill.
D.
The rate~ set and establish~d herein for customers of
said municipal waterworks shall apply to single-family dwelling~,.
farms, trailers, commercial.and industrial customers, and to each
unit of flats, apartment houses and multiple family dwellings.
When
two or more of said customers including separate units of flats,
apartment houses or multiple family dwellings are served bya common
meter, the use of blocks shall be multiplied by the number of units
or consumers served by the common meter to facilitate fair and just
billing.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR. NEBRASKA
-_.~-1. ~._-" -.".- ---..----.---'-
--.
'E.
Service may be obtained outside of the corporate limits
of the City of Blair if the individual desiring such service applies
. for said service on an individual b.asis and such application is
approved by the governing body.
The meter for said service shall be
located at the city limits and responsibility for the installation,
repair and maintenance of all water pi~e outside of the city limits
to b~ assumed by the customers served.
All materials and installation
and repair procedures shall be approved by the Board of Public Works.
The expense of the installation of the meter and all water pipe and
appurtenances necessary for the installation of sai~ meter shall be
paid by the customers. and all of said materials and appurtenances
shall be paid by the customers and all of said materials and appur-
tenances shall be conveyed without consideration to the City in return
for which the City will assume perpetual maintenance of the water
pipe within the city limits.
F.
Be it further resolved that the rate charges~ availability
and service specifications shall go into effect August 1, 1979, or as
soon as said rates may be incorporated into automated billing proced-
ures or whichever is later.
G.
Be it further resolved that all rate charges, availability
,
and service specifications now or previously in effect shall be and the
same are hereby repealed as of the effective date of the rate charg~s,
availability and service specifications set forth and fixed herein.
SECTION 2.
All ordinances or parts of ordinances in conflict
herewith are hereby rep~aled.
SECTION 3.
This ordinance shall be in force and take full
effect from and after its passage, approval and publication as pro-
vided by law.
A~:
~£~~
DOU L~LOCK, City Clerk
Passed and approved this 10th day of July, 1979.
~";)Î)I
M. STANLEY J
OFFICES OF
O'HANLON 8< O'HANLON
LAWYERS
BLAIR, NEBRASKA
-2-
----~~-~~-
WASHINGTON COUNTY
that he is the duly appointed,
qualified and acting City Clerk of the Ç,ity of Blair, Nebraska, and
)
)
)
: S5:
DOUGLAS BULLOCK hereby certifies
STATE OF NEBRASKA
that the above and foregoing Ordinance was passed at a regular meet-
ing of the Mayor and City Council held on the 10th day of July, 1979.
~~u(. ~
DOUG S BULLOCK, City Clerk
OFFICES OF
O'HANLON Be O'HANLON
LAWYERS
BLAIR, NEBRASKA
-3-
-".._.._~_._-_....,,---- -
ORDINANCE NO.
1265
.'
AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL
NECESSARY EXPENSES AND LIABILITIES OF THE CITY DF BLAIR,
NEBRASKA, FOR THe FISCAL YEAR COMMENCING ON THE FIRST DAY-
OF AUGUST, 1979, AND SPECIFYING THE OBJECT AND PURPOSE OF
EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND
PURPOSE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1,
Ther~ is hereby appropriated for the use
of the City of Blair; Washington County, N~braska, the sum of
$9,359,153.00 to be raised and acquired by the levy of general
and special taxes and by bond issue, this sum being necessary
to defray the expenses and liabilities of said City for the
1979-1980 fiscal year.
SECTION 2.
That the fallowing amounts be and hereby
are appropriated from the various funds to the use and purpose
hereinafter speci fied~, to -wi t :
FUND
ALL SOURCES EST.
General
Street
Revenue Sharing
Police Pension
Blair Apartments'
Various Purpose ß9nds
Capital Outlay R.s~rve
Water Department
Sewer Department
Electrical Departmen~
Water Treatment Plant
Construction
$1,094,416.00
371,056.00
112,184.00
43,963.00
52,875.. 00
"4~l,l'Z(). 00",;
-,' ' - oo:~ Oò :,:
-¡
'5ß,S',760:.00 .
'a4,O", 21:'9,..00'"
2 ,,57 4', 5 90 .:0 0
4,'000,000.00
SECTION 3.
That all ordinances or par~s of ordinances
in conflict herewith are hereby repealed.
SECTION 4.
That this ordinance shall be in force and
take effect from and after its passage, approval and publication
as provided by law.
Passed and approved this 24th day of July, 1979.
ffl.
N ,?i~
ATTEST:
Öæ:~'~LE RK
(SI~ALJ
OFFICES OF
O'HANtON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
.------- . ~-
OIWlNANCE NO. 1266
---
AN ORDINANCE LEVYING TAXES ON ALL TA~ABLE PROPERTY WITHIN THE
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR TIlE FISCAL YEAR
COMMENCING AUGUST 1, 1979, AND ENDING ON JULY 31, 1980; REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING WHEN TUIS ORDINANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, AS, FOLLOWS:
SECTION 1.
There is hereby levied for the use and
benefit of the City of Blair, NebTaska, for the fiscal year
commencing on August 1, 1979, a tax on all property within the
corporate limits of said City in the amount of $451,909.00,
which will result in a tentative mill levy of 16.96 on an
assumed total assessed valuation of $26,645,064.00.
SECTION 2.
All taxes levied herein shall be and
'become due, and remaining unpaid, shall become delinquent as
provided by law_,
SECTION 3.
The City Clerk is hereby authorized and
instructed to certify to the County Clerk of Washington County,
Nebraska, the percentage of OT number of mills on the dollar of
taxes levied for all' City purposes hereunder! on the t~xable
property within the City for said year as shown by the aSlessment
roll for said year, including all special assessments and taxes
assessed as herein provided to be collected in the manner pro-,
vided by law for the collection of State and County taxes within
Washington County wherein the City of Blair, Nebraska, is
situated, the foregoing being levies required to raise the neces-
sary amount for the maintenance of said City and the amount re-
~uired or authorized to be raised by statute.
SECTION 4.
That all ordinances or parts of ordinances
in conflict herewIth ure hereby repealed.
SECTION 5.
That this ordinance shall be in force and
take ~ffect from and after i~s passage, appToval and publication
as provided by law.
OFFICES OF
O'HANLON 8< O'HANLON
LAWYERS
BLAI!,!: NEBRASKA
Passed and approved this 24th day of July, 1979.
'Jì{TA~, ~~
ATTEST:
-~. AAA~J-_d.__-ß~
DOUG~ BULLOCK, CITY CLERK
(SEAL)
¿,
OFFICES OF
O'HANLON &: O'HANLON
LAWYERS
6LAIR. NEBRASKA
--- -, -- -- -_. - -- - - ---
'.,
'P'
ORDINANCE NO.
1267
AN ORDINANCE AMENDING SECTION 6,-401 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
,IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE
IN FORCE AND EFFECT. '
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION '1.
Section ,6-401 is hereby '~mended to'read
as follQws:, 6~40l VIOLATIONS;
PENALTY.
It shall be unlawful
for any person tofai,l to comply with the provisions herein, and
every person failing to comply¡with, or violating any of the
provisions of this chapter shall be deemed to be guilty of a
Class III misdemeanor, as defined by the statutes of the St~te
of Nebraska, Section 28-106, and upon conviction thereof shall be
fined accordingly.
Provided however, that conviction for
violation of Article One of Chapter Six shall result in a fine
for the first offense in anyone calendar year the sum of $15.00,
for the second offense in anyone calendar year the sum of $25.00
and for the third offense in anyone calendar year the sum of
$50.00.
SECTION 2. All ordinances or parts of ordinances in
conflict herewtih are her~þyrepealed~
, '"" " ¡,
SECTION 3.
This ordinan(ceshal i b:e in for'ceand 'ta.\<~".
full effect from' and after its passage, approval ~nd' ppb'l'icàt,:iQn
as provided by law.
Passed and approved this 28th day of August, 1979.
(SEAL)
"
OFFICES OF,
O'HANLON 8c O'HANLON
LAWYERS
8L.AIR. NEBRASKA
\,
,~~-~~--
~
STATE OF NEBRASKA
)
)
)
: ss :
WASHINGTON COUNTY
DOUGLAS E. BULLOCK,he~eby certifies that he is the
duly appointed, qualified and acting City Clerk of the City
of Blair, Nebraska, and that the above and foregoing Ordinance
was passed at a,regular meeti~g of:the Mayor and ,City Council
of said City held on the 28th day of August, 1979.
~ ( 13~
DOUG ¡Gj' E . '],¡¡ULLOCK
(SEAL)
OFFICES OF '
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
ORD I NANCE NO.
1268
AN ORDINANCE ESTABLISHING A SEWER USE FUND FOR THE CITY OF
BLAIR AS SPECIFIED THEREIN; REPEALING ALL .ORDINANCES OR
PARfS 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.
There is hereby added to the Municipal
Code of the City of Blair the following Section', to-wit:
4-602 SANITARY SEWER SYSTEM; FUNDING, RATES BILLINGS, RECORDS,
AND SURCHARGE.
There is hereby established a fund exclu-
sively for the construction, maintenance, extension and opera-
tion of the Sewage Disposal Works of the Municipality and all
expenses directly related thereto.
The rates and charges
for the use of the Sewage Disposal Works shall be based
upon the water usage fer each water user, whose waste is
discharged irito the sanitary sewers of the City, computed
at a monthly rate of sixty percent (60%) of the applicable
monthly water charge at the current water rates.
The mon~hly
water charge for commercial and industrial users shall be
the actual water charge made for the billing period to the
. .
consumer and the monthly water charge 'for residential users
shall be the average water charge made for the months of
December, January and February for the immediately pre-
ceding December, January and February.
Such funds so
collected shall be kept separate from any other fund, and a
record of the receipts and disbursements along with sinking
funds and/or unpaid obligations shall be part of this record.
This record shall be made a part of the report by the Clerk
and Treasurer of the City on a monthly basis.
The sewer
use fee, as established by the method set forth herein shall
begin with the billing for October 1, 1979.
A minimum sewer
use fee of sixty percent (~O%) per month of the minimum
monthly water billing shall be made on all single residences
or single dwelling units when water usage during the preceding
winter period for such residence or dwelling unit does not
exist.
OFFICES OF
O'HANLON & O'HANLON
LAWYERS
BLAIR, NEBRASKA
I
I
:1,",
'.
Multiple dwellings served by one common water meter
shall have each apa:r.tment OT Ii v'ing unit that is provided wi th
cooking fac,ilities couÌlte'd as one unit with the total units
multiplied by the minimum monthly sewer use fee to establish
the minimum sewer use fee to be applied to the units involved.
, , '
Two or more commercial or industrial users seryed
by a common. water meter shall have the number of users so served
multiplied by the minumum monthly sewer use fee to establish'
the minimum monthly sewer use fee to be applied to such users.
Resideniial dwelling units ,that are served from a
water met~r common to a commerciil or industrial useTs~all be
considered a commercial user for purposes of establishing
sewer uSe fees.
Water users who f.urnish proo'~ that all or apart
of the metere,d water involved in computing sewer use fees does
not enter the Sanitary Sewer Sy~tem shall have the ,sewer use
fee adjusted to compensat~ for such proof.
Water which is not metered by 'the :Board of Public
Works in the City of Blair shall not .be permitted to enter
the sanitary sewer system of the City of Blair 'unless special,
permission has been granted by the Board of Public Works.
Individual cases where unmetered water enters. into the sani-
tary sewer system of the City of Blair shall be considered on
an individual basis and the user shall be required at'his
expense to install a water meter 'which shall be us~d for the
purpose of determining the sewer use fee only:
SECTION 2.
All ordinances ~r parts of o~diriances
, in ~onflict herewith are hereby repealed.
SECTION 3.'
This, ordinance shal] be in force and
take full effect fr..qm and after its passage, approv€ll and
publication ás provided by law.
OFFICES OF
O'HA'NLON Be O'HANLON
LAWYERS
BLAIR, NEBRASKA
",). -
Passed and approved this
28th
day of
Augûst
1979.
ATTEST:
~{UL&~Y Clerk
STATE OF NEBRASK~
WASHINGTON COUNTY
)
)
)
: s s :
DOUGLAS .E. BULLOCK hereby certifie~ that he is the
duly appointed, qualified and acting City Clerk of the City
of Blair~ Nebrask~, and that the above and foregoing Ordinance
was passed at a regular meetingoÆ the Mayor and City'Corincil
of said City h~ld on the
28th day of
August
, 1979.
; ~~.-./ £. ß ..ø...v
DÒU -!.ASB. BUtLOCK, City Clerk
J
OFFICES OF
O'HANLON & O'HANLON'
LAWYERS
BI.AIR, NEBRASKA
~
~_.._--------_..-
h'
ORDINANCE NO. 1269
AN ORDINANCE GOVERNING TREE TRIMMING BY THE DEPARTMENT OF
UTILITIES OF THE CITY OF BLAIR, FOR THE MAINTENANCE AND
PRO'TECTION OF THE ELECTRICAL DISTRIBUTION SYSTEM OF THE
CITY OF BLAIR, PROVIDING FOR THE RIGHT OF THE DEPARTMENT
OF UTILITIES TO TRIM TREES AND BRANCHES ON PRIVATE PROPERTY
WHICH INTERFERE WITH ELECTRICAL LINES; REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL Ba IN FORCE ,AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1.' The Department of Utilities shall have
the right to trim trees and branches which said trees and
branches may be located on private property but which inter-
fere with or endanger electrical l~nes of the electrical
distribution system of the City of Blair.
Said Department,
of Utilities shall have the right to trim said trees and
branches no more than five feet from said electrical lines
except that any branches which are over and above said
electrical lines may be trimmed to a point no further than
that of a perpendicular plane five feet from and parallel
to said electrical lines.
Said City crews shall have the
,
right to trim said trees and branches notwithstanding the
fact the owner thereof may not have granted his permission
for said trimming.
The City of Blair and the Department
of Utilities thereof shall be liable only for damages caused
by negligence in said trimming and specifically shall not
be liable for any damages alleged by the property owner for
a decreased value in the real property upon which the trimmed
tree is located or to the tree as a result of the necessary
trimming.
SECTION 2. . All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
,. ..---.-...
,ô
" '-
SECTION 3.
This ordinance shall be in force and
tak~ full eff~ct from and after its passage, approval and
publication as provided by law.
Passed and approved this
23rd day of
October
,
, 1979.
ATTEST:
~ '
City 'Clerk
STATE OF NEBRASKA
WASHINGTON COUNTY
)
)
)
: s s :
bOUGLAS E. BULLOCK, hereby certi£ied that he is,
the duly appointed, qualified and acting City G1erk öf the
City of Blair, Nebraska, and that the above and, foregoing
Ordinance was passed at a regular meeting 'of the Mayor
. '
àndCity Council of said Cityheld'on the'
,
23rd
day of
October
" 1979.
~~~ Clerk
OFFices OF
O'HAN1.0N 8c O'HANi..ON
I.AWVEFtS
BLAIR. NEBRASKA
I,)
ORDINANCE NO. 1270
AN ORDINANCE AMENDING SECTIONS 2-301, 2-302, 2-303, 2-304,
and 2-305; PROVIDING FOR AN INCREASE IN THE MEMBERS OF THE
BOARD OF PUBLIC WORKS TO FIVE MEMBERS; PROVIDING FOR THE
EXERCISING OF CERTAIN POWERS BY THE BOARD OF PUBLIC WORKS
SUBJECT TO MAYOR AND CITY COUNCIL APPROVAL; AND FURTHER
PROVIDING FOR THE REQUIREMENT OF A BUDGET bF THE BOARD OF
PUBLIC WORKS; REPEALING AL~ ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDI-
NANCE SHALL BE IN FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. That Section 2-301 of the Municipal
Code of the City of Blair, NebTaska, is hereby amended to
read as follows:
2 -30 I
BOARD OF PUBLIC WORKS; MEMBERS.
The Board of Public Works shall consist of Five (5) members,
each having a three (3') year term of office.
One (1)
member of said Board shall be appointed every third year
and two members shall be appointed every other year by the
Mayor with consent of the Council.
All of the members of
the board shall be residents of the Municipality.
Vacancies
occurring on the board shall be filled by ap~ointment by
,
the Mayor and confirmation by the Council for the unexpired
terms in the same manner as original appointment.
Members of the Board of Public Works shall serve
without salary or other emolument except for expenses incurred
by them in the performance of their duties.
Each of the
members of the said Board shall, before entering upon the
discharge of his duties, take an oath to discharge faithfully
the duties of his office.
Each of the members of said Board
shall give bond to the Municipality with corporate surety
thereon in the sum of one thousand ($1,000.00) dollars
conditioned for the faithful performance of the duties of
said member of the Board of Public Works, which said bond
and the surety thereon shall be approved by the Mayor and
Council and filed with the Municipal Clerk.
Premiums on
said bonds shall be paid out of the funds of arty public
utility under the control of said board as it may from time
to time determine.
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
'-T~
The Mayor, by and with the consent of the Council,
shall annually designate one (1) of the members of the Board
of Public Works to be Chairman thereof.
Any member of the
Board can be removed at any time by the Mayor and a majority
of the Governing Body.
SECTION 2.
That Section 2-302 of the Municipal
Code of the City of Blair, Nebraska, is hereby amended
to read as follows:
2-302
BOARD OF PUBLIC WORKS; POWERS;
DUTIES.
The Board of Public Works shall have general
management and control of the systems of waterworks, power
plant, sewerage, heating and lighting of the Municipality;
shall fi~ the rates to be paid bY the inhabitants of the
Municipality for the use of the water, water meters, water
hydrants, power, heating and lighting, specifically subject
to approval and fixing of said rates by the mayor and city
council and further subject to any limitations prescribed
by ordinance or resolution of the Mayor and City Council;
shall have the active direction ~nd supervision of said
utility sy~tems and the erection and construction of the same;
shall make contracts on behalf of the Municipality to do
any work and erect any improvements required for said utility
systems of the City and shall superintend the performance
of all such work and th~ erection of all such improvements;
is empowered to approve the estimates of the City Engineer
which may be made from time to time af the value of such work
. .
as the same may progress; may accept any work done or improve-
ments made to the said utility systems when same shall be
fully completed according to contract, subject to the approval
of the Mayor .and Council; shall provide the duties to be
performed by its employees as it may direct; shall make
reports to the Mayor and Council as often as the Mayor and
Council may require and perform such other duties as may
be conferred on the Bo.ard by ordinance.
OFFICES OF
O'HANLON 8c O'HANLON
LAWYERS
BLAIR, NEBRASKA
SECTION 3.
That Section 2-303 of the Municipal
Code of the City of Blair, Nebraska, is hereby amended to
read as follows:
2-303
CITY UTILITY COMMISSIONER.
The
Board of Public Works shall employ a City Utility Commissioner,
which said employment shall be subject to the approval of
the Mayor and Council.
Said Utility Commissioner shall
receive such comp~nsation as shall be determined by the
Board,' subj ect to the approval of the Mayor and City Council
of the Municipality, and after his appointment and confi!mation
he shall be under the control and jurisdiction of the Board
of Public Works.
The Utility Commissioner shall perform such
duties as shall be prescribed by the Board of Public Works.
SECTION 4.
That Section 2-304 of the Municipal
Code of the City of Blair, Nebraska, is hereby amended to
read as follows:
2-304
BOARD OF PUBLIC WORKS; EMPLOYEES.
The Board of Public Works may employ, in addition to the
Utility Commissioner, such other employees as it may deem
necessary to properly and efficiently maintain and operate
the -public utilities under its control and shall fix their
terms of employment compensation subject to the approval of
the Mayor and City Countil of the Municipality.
SECTION 5.
That Section 2-305 of the Municipal
Code of the City of Blair, Nebraska, is hereby ame.nded to
read as follows:
2-305
BOARD OF PUBLIC WORKS; EXPENDITURES;
CLAIMS.
No bill or claim for any work done o~ material fur-
nished for the waterworks, power plant, heating, lighting or
sewage systems of the City shall be paid or allowed, in whole
or in part, unless the same shall have been first audited and
allowed, by the Board of Public Works.
Said Board shall have
the power to draw its orders on the several funds in the hands
of the City Treasurer to the ~redit of sairl utility systems
of the City in payment of salaries, labor and material, but
shall submit for the approval of the Mayor and Council all
OFFICES OF
O'HANI.ON 8c O'HANLON
LAWYERS
BLAIR, NEBRASIIA
extens' ons' or proj,ects costing in excess of five thousand
,.GO) dollars, and the City shall ad~ertise the bids.
Works
or and City Council may by reßolution limit or restrict
unt and manner by which the Board of Public Works
es the powers granted herein.
All orders for payments
shall
e signed 'by the Chairman and Secretary of the, Board
11 be paid by the City Treasurer.
SECTION 6.
There shall be a new section added to
icipal Code of the City of Blair, Nebraska designated
2-310
shall read as follows:
The Board of Public
establish and adopt a budget for each fiscal
year J lly 31 to August 1, 1 im! t ing and con tro 11 ing expendi-
tures
y the'Board of Public 'Works for 'all expenses to be
Board and that said budget shall be
presen ed to the Mayor and City Council for 'approval on or
before the 1st day of July of each year.
)
Said Board of Public Works shall establish and adopt
a budg.t as proVided in the preceding paragraph within
sixty
60) days of the adoption of this ord~nance for the
remain ng part of the fiscal year ending July 31, 1980,
andsh 11 present said budget to the Mayor and City Council
within said sixty day time period.
SECTION 7.
All ordinances or partg of ordin~nces
in con liciherewith are hereby repealed.
SECTION 8.
The ordinance shall be in force and
take f 11 effect from and after its p~ssage, approval and
public tion as provided by law~
OFFICES OF
O'HANLON ec O'HANLON
LAWYERS
iLAIR, NEBRASKA
Passed and approved this
25th
day of September,
1979.
ATTEST:
/~~E ~
UOUGL E. BULLOCK, City Clerk
r
STA~E OF NEBRASKA
)
)
)
: ss:
WASHINGTON COUNTY
DOUGLAS E. BULLOCK, hereby certifies that he is
the duly appointed, qualified and acting City Clerk of the
City of Blair, Nebras~a, and that the above and foregoing
Ordinance was passed at a regular meeting of the Mayor and
City Council of said City held on the
25th day 0 f
September, 1979.
~¿-£ ~
DO.GLA E. BULLOCK, City Clerk
OFFICES OF
O.HANLON 8< O.HANLON
LAWYERS
BLAIR. NEBRASKA
~ ~-
"r---- ~~'"
ORDINANCE NO. 1271
AN ORDINANCE ESTABLISHING STREET IMPROVEMENT DISTRICT NO. 142
IN THE CITY OF BLAIR, NEBRASKA, DESIGNATING THE PURPOSE 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 ORDINAN~ESHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE C.ITY 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
Bãair, Nebraska:
In Thirteenth Avenue from the intersection with
Wilbur Street South to a point 350 feet South of the South right-
of-way line af Wilbur Street, 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.creat&d Street Improvement District No~ 142 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 esiablished by the
City of Blair and said improvements to be made accordin~ 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 Im-
'" .
provement Distrtct No. 142 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 ~racts of land owned by any municipal
or public corporation and abutting upon and adjacent to said
streets to be improved, to-wit:
...
, ,
Tax Lots 82, 210 and 214 in Section'Thirteen (13),
Township Eighteen (18) North, Range Elðven(ll)"
East of the Sixth Principal Meridian in Washington
County, ~ebraska. '
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 Distri~t benefited thereby in proporatioD
to said benefits~ all as by the Statutes of the St~te of Neb~aska
-
in such cases made and provided.
SECTION 5.
This ordinance shall take effect and be in
force from and after its passage, approva~\ and publication as
p~ovided by law.
Passed and' approve4 this ~h dayo.f November, 1979.
11;' ~. r¡~.
M. STANLEY JENSEN, MAYOR
ATTEST:
'iß~'Y'--p. ßJkIi.¿
DOUGLAS ,E. BULLOCK, CITY CLERK
(SEAL)
, ,
~-,. ...,. .~"
- c'
- ORDINANCE NO. 1272
--
AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 143 IN
THE CITY OF BLAIR, NEBRASKA, DECLARING THE NECESSITY THEREFOR,
DESIGNATING THE IMPROVEMENTS TO BE MADE IN SAID DISTRICT,
LISTING THE 'PROPERTY INCLUDED WITHIN SA~D 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 HAYOR 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 improve
Eigllteenth Street from the existing concrete paving in Park Street
North to a point 20 feet North of the South line of Lot Seven (7)
in Park Place Addition to the City of Blair, Nebraska;
and Park
Avenue from Eighteenth Street East to the termination of Park
Avenue in Park Place Addition to the City of Blair, Washington
County, Nebraska, by paving the same, there is hereby çreated
Street Improvemunt District No. 143 of the City of Blair, Nebraska.
SECTION 2.
The street improvements to be made on said
streets in s~id district shall be to pave the same. the grade of
said streets to conform to tIle grades as established by the City
of Blair and said improvements t6 be made according to plans and
specifications and estimate of cost to be prepared by the Special
Engineer for sald district and to be filed with the City Clerk
and to be approved by tbe Mayor and City Council of said City.
SECTION 3.
Tile pro IH~ r t y i n c 1. u d t! din sa idS t r e e t I JI1 pro v e-
mCLJt District No. 143 and subject to special assessments to pay
for thp cost and expen8CH of si¡id street improvement is all of
the privately owned lOt8, parts of lots a'nd tracts of land and
the lot::;, partH' of lots and tracts of land owned by any municipal
or, public corporation and abult ing upon and adjacent to 'said
street, to he improved. to-wit:
~~l'""~
O>FICES OF
O'HANLON ð: O.HANLON
LAWYERS
-~--'---' ..- - ----~~'--,,'-_n ~--'-'----._--- ...BLAIR. N£BRASKA ,
, >'
Lots Ont! (1) through Seven (7), inclusive, Park
Place Addition to the Gity of Blair, Washington
C,ounty,' Nebraska;
The South 166.1 feet of Tax Lot 422 in'Section
Eleven (11), Township Eighteen (18) No~th, Range
Eleven (11) East of the Sixth Principal Meridian
in Washi~gton County, Nebraska;
Tax Löt 360 in Section Eleven (11), Township
Eighteen (16) North, Range Eleven (11) ,East of ,
the Sixth Pri~cipa1 Meridian in Washington County,
Nebr,aska; and,
East 240.6 feet of "Lot One (1) and the East 10O~OO
feet of Lot Two (2), Block Nineteen (19), In Dexter's
Second Addition to the City of Blair, Washington
County, Ne'bràs,ka.
SECTION 4.
The cost of said imp~ovements in said
Improvement District shall be pai~ out of the funds created b~
the levy and' assessments on the, lots and parcels of land ln, ~aid
Street Improvement l)jstrict 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 1n
force
fro~ and after its passage, approval and publicat1oQ in
, "
,Passed and app,roved this i!thd~y
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of JJ~'1,'1~!,,~(9..¡' -",> , "':".'
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accordance with law_,
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M. STANLEYJEN EN, MAYOR
ATTEST:
~~
,. . CITY CLERK
(SEAL)
~"T"'"
OFFICIIS Of"
c)'HANLON Be O'HANLON
LAWYERS'
8\.."IR, HI18R"&KA