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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. '\ 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: .~ 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. ',-L 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. I"~ Bowling alley: first alley per..L.'year, ,twenty.....five ($25.00) dollars. Each additional alley per year, five ($5.00) dollars. ~L, 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. [~ 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. J J, ' , , ~/ Skating rinks, portable or otherwise, per year fifty ($50;00) dollars. '1_) 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 ¡~,I "~, .. 381.J.1.J. ," \~ ~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. ,¡ ," , I 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. I I lJ Retailer of alcoholic liquors for consumption off the premise, sales in original package only, one hundred seventy- five ($175.00) dollars per year. '--" 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. ' .J;, 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. I I I ' lJ Passed and approved this 13th day of February, 1979. Attest: , , M. Stanley, J~nsen, Mayor (S eal) 384-9 ~- Bla.:t.r" ebraska Februar13,1979 OPENING .1 ¡ lJ 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. - - 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. I I Yeas: Baker, Gutschow, Jenny, Jensen, Kubie, Lng, Reyzlik. Nays: None. Absent: Neef. Motion: Carried. I L..J 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: I . r 1,,- 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: I - 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, ¡ , LJ 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 , ) ¡ ~~ ! 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; I I : i l~ 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 _. I : -~I, Jì;.' 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 I ! I l__1 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. l~_.j 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: " I f I ! l---.1 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. 111:. ,c'l,' 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. - " 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. -¡ i,_J ---,J 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. ! ¡ ; ,- I I -~ '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 \ J Attest: (Seal) FIRST READING 'I I I --.-J 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. \~J 3861 I:J Blair, Nebraska February 27,1979 OPENING IL-¡ L I 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. "J 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. u 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: I ¡ L__! 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. . '" .~~ Passed ànd approved this 27th day of Feþruary, 1979. Attest: ~.~ 'M. Stanley J n, Mayor ~. FIRST READING , ,-,/ 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: ¡ ........., 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:' . .~,' Yeas: Gutschow, Jenny, Jensen, Kuþie, Long, Neef, Reyzlik. Nays: None. Absent: 'Baker. Motion: Carried. FINAL READING I I . .~ 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. '.~/ 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 . " 'L' I , i l ! 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~. \,J 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: I ! I lJ 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: ILl I , I. I 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 (,'J ". 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. . r' 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); ill 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. r) 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, ! ! I 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, : I I , 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 . ,-.-J 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. ,J \,"1 III l J ' \ Ji . ~J j,', '<- It: ,ll. CJ 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. . ¡ I I 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-' " \ 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 I._I 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 \.J 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' -~ 'r". 1 r" ]I r¡ ~~----~--,~-,----- -",,-,"~,~, 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 ¡ " ,,¡ , '" 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 'I I L 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- " ,I I 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 , I \, -' ~,1 (J (1 ,'. 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 t \. L ,J (I '. 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. \.:j 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 ,. '\ 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 ( \, 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. ~- 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 " ~, -- 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 . / \ 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. \ , '--- -' , ~ ' 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 /' / ( '. 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 , ...-/ 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")'" '.'.., ;" ',' :', :: : ' , " , . » . .' . " 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. ~. ~rZJ~ ATTEST: ~7!---/. ßJL..b 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 "-'~" ~- '~.-' --"----ccCC--F"~ ". --o~- ..--~. '-~-' "--""-T'-"-'-'--.'_-'~r",-'" '., ' ~~, !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 "", ,-' , . 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 ,; ~ 'Æ' \ " < ~ , ORDINANCE NO. 1263 <' , " 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 .. ,~...i,9:?~:." ( 'ïr)~ M. $TANLEYJ~ ":;' ATTEST: DOU¡Jt~Ct, ~ OFFICES OF a-HANLON e. O'HANLOr-¡ LAWYERS, 'BI.AIR" NE8RASKA " i' STATE OF NEBRASKA ) ) ) : SS: WASHINGTON COUNTY DOUGLAS BULLOCK hereby certifies that he is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council on the 12th day of June ; 1979. DOUGLAS BULLOCK, City Clerk " i", "~'I , " 't', ',,' , ,'" " " ¡ ';, " , ' ", ,"",' ,,",,' "'", , , ' ";" >:, ':i' '::' ,'" ",' ;,," ' "r' , "[ , '"',' " OFFices OF O'HANLON 8c O'HANLON LAWYERS BLAIR, NEBRASKA ....1' , ,.-.. ,. . EXHIBIT "A" . , R E 8 0 L ,U T'r' 0 K Be it resolved by the Board of Public Wórks of the City of Blair1 Nebraska1 that the, rate ch~rges for electric power to the easterners of the municipal electric power plant of said city and classifications of the various types of cus- tomer usage and service be fixed and sel by the adoption of the general servic,e rat'es 1 residential service rates and eleetric service regulations all as set forth on Exhibits 1 and 2 respectively at~ached hereto and by this reference made a part hereof. ~e it further resolved th~t the general service . rates, residential service rates1 and electric service regulatiens as set forth on Exhibits 1 and 2 re~pectively , . , attached hereto shall be the sole criteria for the deter- mination and setting of rates for electric power to the cus- tomers of the municipal electric power plant of Blair, Nebraska, and for the service regulations and requirements to be provided by said municipality, and that a.lI resolutions prior hereto setting said charge~, rat$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 ~""- . . ;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 '\ , " ..¡, '> ,: ,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.' : :":., ' .. ::""'", . " " . ., " ,', :;.."',,' " , ;,' ., \,' '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, ,', ~"" , ;' '" ,", ' ' ,$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 '::,:¡:~,,:J'~:'::,',~,,":,':: ,) ':{; I,:' ; , ,'::,1., , ", . :'.., :;: ' ,,>:'.:,:':' ,,",';'. ' ::- "" , ',:, , of JJ~'1,'1~!,,~(9..¡' -",> , "':".' ; ":' ", "", " ",' , , " accordance with law_, .' , ... ~.~~ M. STANLEYJEN EN, MAYOR ATTEST: ~~ ,. . CITY CLERK (SEAL) ~"T"'" OFFICIIS Of" c)'HANLON Be O'HANLON LAWYERS' 8\.."IR, HI18R"&KA