1983ORDINANCE NO. 1339
AN ORDINANCE AMENDING SECTION 10 -1901 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, SAID SECTION AND AMENDMENT GENERALLY PROVIDING
FOR THE GRANTING AND LIMITATIONS OF CABLE TELEVISION FRANCHISES
WITHIN THE CITY OF BLAIR AND SPECIFICALLY PROVIDING THAT ANY SUCH
FRANCHISES SHALL BE NONEXCLUSIVE, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. Section 10 -1901 of the Municipal Code of the
City of Blair, Nebraska, is hereby amended to read as follows:
SECTION 10 -1901 CABLE TELEVISION; FRANCHISE
GRANTED AND LIMITATIONS. Any franchise to be
granted by the City of Blair pursuant . to this
Article shall grant to the grantee the right,
privilege and franchise to erect, construct,
operate and maintain in, upon, along, across,
above, over and under the streets, 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, manholes, and
other television conductors and fixtures
necessary for the maintenance and operation of a
CATV 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 inhabitants 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 further the
intention of this Article to limit the activity
of a grantee hereunder solely to the operation
of cable television systems within the City of
Blair. Any franchise granted under this article
shall be a nonexclusive franchise and
notwitstanding any other terms or conditions of
this article no exclusive franchise for the
operation of a cable television system shall be
granted by the municipality.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and
take effect from and after its passage, approval and publication
as provided by law.
Passed and approved thisllth
day of January, 1983.
f {,
M. STANLEY JIM N MA OR
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123
ATTEST:
` kJ.
VERNA R. BULL, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 11th day of January, 1983.
A O
VERNA R. BULL, CITY CLERK
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE MUNICIPAL
CODE OF THE CITY OF BLAIR, NEBRASKA, PROVIDING FOR THE CHANGE IN
THE ZONING DESIGNATIONS OF LOTS 16 THROUGH 30 INCLUSIVE IN BLOCK
16; LOTS 16 THROUGH 30 INCLUSIVE IN BLOCK 15; LOTS 16 THROUGH 30
INCLUSIVE IN BLOCK 14; LOTS 1 THROUGH 7 INCLUSIVE IN BLOCK 27;
LOTS 1 THROUGH 7 INCLUSIVE IN BLOCK 26; ALL IN THE ORIGINAL
TOWNSITE OF THE CITY OF BLAIR; AND TAX LOT 199 IN SECTION 11,
TOWNSHIP 18 NORTH, RANGE 12, EAST OF THE 6TH P.M., IN THE CITY OF
BLAIR, WASHINGTON COUNTY, NEBRASKA, FROM THE RML- MULTI- FAMILY
RESIDENTIAL LOW DENSITY DISTRICT TO THE ML -LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the Zoning Regulations of the City of
Blair be amended so as to change the zoning designation of Lots
16 through 30 inclusive in Blocks 16, 15, and 14, Lots 1 through
7 inclusive in Blocks 26 and 27, in the original Townsite of the
City of Blair, and Tax Lot 199 in Section 1 1 , Township 18 North,
Range 12, East of the 6th P.M. in the City of Blair, Washington
County, Nebraska, from the RML - Multi- family Residential Low
Density District to ML -Light Industrial and Manufacturing
District.
SECTION 2. Be it further ordained by the Mayor and City
Council of the City of Blair that the official zoning maps of the
City of Blair should be changed to reflect the zoning as
established hereby.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
Passed and approved this 8th
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
ORDINANCE NO. 1340
day of February, 1983.
M. STANLEY JENSE KKYOR
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426-5123
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 8th day of February, 1983.
VERNA R. BULL, CITY CLERK
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN, that a meeting of the Mayor and Council of the
City of Blair, Nebraska will be held at 7:3Q o'clock, P.M.
on May 24 , 19 , in the City Hall Council Chambers, which meeting
will be open to the public. An agenda for such meeting, kept continuously
current, is available for public inspection at the office of the City Clerk
at the City Hall. The agenda may be modified at such meeting only to
include items of an emergency nature.
Verna R. Bull
City Clerk
ACKNOWLEDGEMENT OF RECEIPT OF
NOTICE OF MEETING
The undersigned members of the governing body of the
City of Blair, Nebraska, hereby acknowledges receipt of
advance notice of a meeting of said body and the agenda for
such meeting held at 7 :30 o'clock
on May 24, 1983 in the City Hall.
Dated this 24th d of May, 1983
4 V- /64
Councilman
P .M.,
CITY OF BLAIR, NEBRASKA
A meeting of the Mayor and Council of the City of Blair,
Nebraska was convened in open and public session at 7;30
o'clock .M. on May 24 , 1983 at the City Council Chamber
Blair, Nebraska Present were: Chairman Jenny •
EXTRACT OF MINUTES
Councilmembers: Drbal, Kubie, Kuhr Long, Neef, Reyzl i k and Ryan
. Absent were:
Mayor M. Stanley Jensen
Notice of the meeting was given in advance thereof by
publication, the City's designated method for giving notice, a
copy of the Proof of Publication being attached to these Minutes.
Notice of this meeting was given in advance to the Mayor
and all members of the City Council and a copy of their Acknow-
ledgment of Receipt of Notice and the agenda is attached to these
Minutes. Availability of the agenda was communicated in the
advance notice and in the notice to the Mayor and Council of this
meeting. All proceedings hereafter shown were taken while the
convened meeting was open to the attendance of the public.
Councilmember Ryan introduced Ordinance No.1341
entitled:
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA
AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF
THE CITY OF BLAIR OF THE PRINCIPAL AMOUNT OF ONE
HUNDRED NINETY -FIVE THOUSAND DOLLARS ($195,000) TO
PAY THE COST OF IMPROVING. STREETS AND INTERSECTIONS
IN STREET IMPROVEMENT DISTRICTS NOS. 140, 142 AND
144; TO PAY THE COST OF WATER AND SEWER IMPROVEMENTS
IN WATER EXTENSION DISTRICT NO. 22 AND SANITARY SEWER
EXTENSION DISTRICT NO. 45; PRESCRIBING THE FORM OF
SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY
THE SAME AND PROVIDING FOR THE PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM."
Said Ordinance was fully -and distinctly read, and by motion
of Councilmember Reyzl i k
, seconded by Council-
member Ryan it was designated as Ordinance
No. 1341 and the title thereof was approved. The roll was
called on the passage of said motion and the following voted
"AYE ":
Ryan, Reyzlik, Kubie, Kuhr, Long, Neef and Drbal
The following voted "NAY" None
Councilmember Reyzlik
rule requiring ordinances to be fully and distinctly read on three
different days be suspended. seconded by Councilmember Rvan
. The roll was called and the following
voted "AYE": Reyzlik, Ryan, Kubie, Kuhr, Long, Neef and Drbal
"NAY": None
. The motion to suspend the statutory
rule having been concurred in by three- fourths of all members of
the Council was declared passed and adopted.
Whereupon Ordinance No. 1341 was read by title and there-
after Councilmember Long moved for final passage
of said Ordinance. Councilmember
seconded the motion. The Mayor stated: "The question is, shall
Ordinance No.
1341 be passed and adopted ?" The roll was called
and the following voted "AYE ": Long, Reyzlik, Drbal, Kubie, Kuhr, Neef
and Ryan
. The following voted "NAY": None
The passage and adoption of said Ordinance having been
concurred with by a majority of all members elected to the
Council. was by the Mayor declared passed and adopted. and the
Mayor, in the presence of the Council, signed and approved said
Ordinance, and the Clerk attested the passage and approval of the
same and affixed the seal of the City thereto.
A true and complete copy of said Ordinance No. 1341 is
attached hereto.
IL:1„J
City Clerk of
Blair, Nebraska
Reyzlik
moved that the statutory
ORDINANCE NO. 1341
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA
AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF
THE CITY OF BLAIR OF THE PRINCIPAL AMOUNT OF ONE
HUNDRED NINETY -FIVE THOUSAND DOLLARS ($195,000) TO
PAY THE COST OF IMPROVING STREETS AND INTERSECTIONS
IN STREET IMPROVEMENT DISTRICTS NOS. 140, 142 AND
144; TO PAY THE COST OF WATER AND SEWER IMPROVEMENTS
IN WATER EXTENSION DISTRICT NO. 22 AND SANITARY SEWER
EXTENSION DISTRICT NO. 45; PRESCRIBING THE FORM OF
SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY
THE SAME AND PROVIDING FOR THE PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM."
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
Section 1. That the Mayor and Council of the City of
Blair, Nebraska, hereby find and determine: That pursuant to
ordinances heretofore duly enacted, Street Improvement Districts
Nos. 140, 142 and 144 were created in. said City and certain street
improvements were constructed in each of said Districts; that said
improvements have been completed and accepted and hereby are
accepted by the City; that the cost of said improvements, as
reported by the City's Engineer, is not less than $121,041.35 of
which $111,443.01 is District cost and $9,598.34 is the cost of
improving intersections and areas formed by the crossing of
streets, avenues or alleys and one -half of the streets adjacent to
real estate owned by the City; that additional miscellaneous
costs, including interest on warrants, have been incurred for said
improvements in an amount not less than $18,000: that special
assessments have been levied according to law on the real estate
in said Districts specially benefited by said improvements and
such special assessments are valid liens on the lots and tracts of
land upon which they are assessed; that after applying available
monies collected from the special assessments and .other funds
available for such purpose, there
UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
VARIOUS PURPOSE BOND OF THE CITY OF BLAIR
NO. $5,000
KNOW ALL MEN BY THESE PRESENTS: That the City of Blair, in
the County of Washington, in the State of Nebraska, hereby ack-
nowledges itself to owe and for value received promises to pay to
bearer hereof the sum of Five Thousand Dollars ($5,000) in lawful
money of the United States of America on the fifteenth day of
June, 19_, with interest thereon from date hereof until maturity
at the rate of percent
(
%) per year, evidenced by one set of coupons, and, in
addition thereto, interest from June 15, 1983 to June 15, 1985 at
the rate of percent ( %) per year,
evidenced by supplemental coupons bearing the letter "A" which may
be detached and sold separately. All said interest shall be
payable June 15, 1984 and semiannually thereafter on the fifteenth
day of December and June of each year on presentation and sur-
render of the interest coupons hereto attached as they severally
become due. Bonds of this issue maturing on or after June 15,
1989 are redeemable at the option of the City at any time on or
after June 15, 1988, at par and accrued interest to the date fixed
for redemption. Both the principal hereof and the interest hereon
are payable at the office of the County Treasurer of Washington
County in Blair, Nebraska. For the prompt payment of this bond.
principal and interest as the same become due, the full faith,
credit and resources of said City are hereby irrevocably pledged.
This bond is one of an issue of 39 bonds numbered from 1 to
39, inclusive, of $5,000 each in principal amount, of the total
principal amount of One Hundred Ninety -Five Thousand Dollars
($195,000). of even date and like tenor except as to date of
maturity and rate of interest,, which are issued by the City for
the purpose of paying the costs of improving streets and alleys,
intersections and areas formed by the crossing of streets, avenues
or alleys and streets adjacent to real estate owned by the City in
Street Improvement Districts Nos. 140, 142 and 144, . and paying the
costs of water and sewer improvements in Water Extension District
No. 22 and Sanitary Sewer Extension District No. 45 in said City,
all in strict compliance with Sections 16 -623, 16 -626, 18 -1801,
18 -1802 and 19 -2405, R.R.S. Neb. 1943, and has been duly
authorized by ordinance legally passed, approved and .published,
and by proceedings duly had by the Mayor and Council of said City.
IT IS HEREBY CERTIFIED AND WARRANTED that all conditions,
acts and things required by law to exist or to be done precedent
to and in the issuance of this bond, did exist, did happen and
were done and performed in regular and due form and time as
required by law and that the indebtedness of said City, including
this bond, does not exceed any limitation imposed by law. The
special assessments levied upon real estate specially benefited by
the improvements in said districts are valid liens on the lots and
tracts of land upon which they have been levied. and when col-
lected shall be set aside and constitute a sinking fund for the
payment of the principal and interest of said bonds; the City
agrees that it will collect said special assessments, and, in
addition thereto, will cause to be levied and collected annually a
tax by valuation on all the taxable property in the City, in
addition to all other taxes, sufficient in rate and amount to make
up the deficiency between the amounts collected on said special
assessments and the amount required to fully pay the principal and
interest of said bonds as the same become due.
-3-
l i i IIIoL: 48;11. _ .4i' Iit .fit XI
IN WITNESS WHEREOF, the Mayor and Council have caused this
bond to be executed on behalf of the City of Blair by being signed
by the facsimile signature of its Mayor and the manual signature
of its City Clerk and by causing the official seal of the City to
be affixed hereto and have caused the interest coupons hereto
attached to be executed on behalf of the City by having affixed
thereto the facsimile signatures of its Mayor and City Clerk.
DATED this 15th day of June, 1983.
ATTEST: By
City Clerk
CITY OF BLAIR, NEBRASKA
k.,„„e,„
Mayor
(FORM OF COUPON)
NO. $
On the fifteenth day of June (December), 19 , the City of
Blair, Nebraska will pay to bearer hereof the amount shown hereon
at the office of the Treasurer of Washington County, in the City
of Blair, Nebraska, for interest due on that day on its Various
Purpose Bond, dated June 15. 1983, No. (unless said
bond has been called for redemption and money provided therefor
prior to said date).
City Clerk Mayor
ka
6 1 V
Section 8. The special assessments levied upon the real
estate as described in Sections 1, 2 and 3 of this ordinance and
the interest on said assessments shall constitute a sinking fund
for the payment of the principal and interest of said Bonds. Th
City agrees that it will collect.said special assessments and, i
addition thereto. will cause to be levied and collected annually
tax by valuation on all the taxable property in the City, in
addition to all other taxes, sufficient in rate and amount to ms
up the deficiency between the amounts collected on said special
assessments and the amount required to fully pay the principal i
interest of said Bonds when and as such interest and principal
become due.
Section 9. After being executed by the Mayor and Clerk,
said Bonds shall be delivered to the Treasurer of said City who
shall be responsible therefor under her official bond. The
Treasurer of said City shall cause said Bonds to be registered
the office of the County Clerk of Washington County and with tY
Auditor of Public Accounts of the State of Nebraska. The City
Clerk is directed to make and certify in duplicate transcripts
the proceedings of the City precedent to the issuance of said
Bonds, one of which transcripts shall be filed with the Audito.
Public Accounts of the State of Nebraska and the other shall b
delivered to the purchaser of said Bonds.
Section 10. The City hereby covenants with the purchas
and holders of the Bonds hereby authorized that it will make n
use of the proceeds of said bond issue, including monies held
any sinking fund for the payment of the Bonds, which would cat
said Bonds 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
issue.
& Co.,
any such
under if
when the
Section 11. Said Bonds having been sold to Chiles, Heider
Inc., the City Treasurer is authorized to deliver said
Bonds to said purchaser on receipt of full payment of the purchas
price, which shall be not less than par and accrued interest to
the date of payment.
Section 12.
with respect to any
fully discharged and
The City's obligations under this ordinance
or all of the bonds herein authorized shall 1
satisfied as to any or all of such bonds an
bond shall no longer be deemed to be outstanding here -
such bond has been purchased by the City and cancelled
payment of the principal of and interest thereon to the
respective dates of maturity or redemption (a) shall have been
made or caused to be made in accordance with the terms thereof,
(b) shall have been provided for by depositing with the Treasure
of Washington County, or with a national or state bank having
trust powers, in trust, solely for such payment (i) sufficient
money to make such payment, or (ii) direct general obligations c
or obligations the principal and interest of which are uncondi-
tionally guaranteed by the United States of America (herein
referred to as "U.S. Government Obligations ") in such amount any
bearing interest and maturing or redeemable at stated fixed pri
at the option of the holder as to principal, at such time or ti
as will ensure the availability of sufficient money to make suc
payment; provided, however, that, with respect to any bond to b
paid prior to maturity, the City shall have duly called such be
for redemption and given notice of such redemption as provided
law or made irrevocable provision for the giving of such notic(
Any money so deposited with a bank or with the County Treasure]
Washington County, may be invested and reinvested in U.S. Gove:
ment Obligations at the direction of the City, and all interes
and income from such U.S. Government Obligations in the hands
such bank or treasurer in excess of the amount required to pay
principal of and interest on the bonds for which such monies or
U.S. Government Obligations were deposited, shall be paid over to
the City as and when collected.
Section 13. This ordinance shall be published in pamphlet
form and shall be in force and take effect from and after its
passage as provided by law.
PASSED AND APPROVED this 24th day of May , 1983.
(SEAL)
/ 944" "Pe _ft/
City Clerk
L Dr
Mayo
The undersigned City Clerk of the City of Blair, Nebraska
hereby certifies that the attached is a true and correct copy of
Ordinance No. 134V as passed by the Mayor and Council
on May 24
pamphlet form on
(SEAL)
CERTIFICATE AS TO PUBLICATION
IN PAMPHLET FORM
, 1983. Said Ordinance was published in
June 2 , 1983.
City Clerk
Public notice is hereby given that the Mayor and Council of
the City of Blair. Nebraska, at their meeting on May 24
1983, have passed and approved Ordinance No. 1847
of which reads as follows:
NOTICE OF PASSAGE AND
PUBLICATION OF ORDINANCE
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA
AUTHORIZING THE ISSUANCE OF VARIOUS PURPOSE BONDS OF
THE CITY OF BLAIR OF THE PRINCIPAL AMOUNT OF ONE
HUNDRED NINETY -FIVE THOUSAND DOLLARS ($195,00-0) TO
PAY THE COST OF IMPROVING STREETS AND INTERSECTIONS
IN STREET IMPROVEMENT DISTRICTS NOS. 140. 142 AND
144; TO PAY THE COST OF WATER AND SEWER IMPROVEMENTS
IN WATER EXTENSION DISTRICT NO. 22 AND SANITARY SEWER
EXTENSION DISTRICT NO. 45; PRESCRIBING THE FORM OF
SAID BONDS; PROVIDING FOR THE LEVY OF TAXES TO PAY
THE SAME AND PROVIDING FOR THE PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM."
Said Ordinance has been published in pamphlet form. Copies
of the Ordinance as so published are available at the office of
the City Clerk at the City Hall in Blair, Nebraska.
-fpls
City Clerk
, the title
ORDINANCE NO. 1342
AN ORDINANCE LEVYING TAXES ON ALL TAXABLE PROPERTY WITHIN TH
CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, FOR THE FISCAL YEA..
COMMENCING AUGUST 1, 1983, AND ENDING ON JULY 31, 1984, 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. There is hereby levied for the use and
benefit of the City of Blair, Nebraska, for the fiscal year
commencing on August 1, 1983, a tax on all property within the
corporate limits of said City in the amount of $569,448.00, which
will result in a levy of 50.11 cents per $100.00 of assumed total
actual valuation of $113,643,061.00.
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 or number of mills on the dollar of
taxes levied for all City purposes hereunder, on the taxable
property withn the City for said year as shown by the assessment
roll for said year, including all special assessments and taxes
assessed as herein provided to be collected in the manner
provided by law for the collection of State and County taxes
within Washington County wherein the City of Blair, Nebraska, is
situated, with levies required to raise the necessary amount for
the maintenance of said City and the amount required or
authorized to be raised by statute.
SECTION 4. That all ordinances 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 publication
WYMAN E. NELSON, Attorney at Law 1645 Front Street $lair, Nebraska 68008 (402) 426-5123
as provided by law.
ATTEST:
Passed and approved this 2nd day of August, 1983.
M. STANLEY JEN
AYOR
- •
V R NA R. BULL, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL hereby certifies that she 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 2nd day of August,1983.
VERNA R. BULL, CITY CLERK
WYMAN E. NELSON, Attorney at Law 1646 Front Street Blair, Nebraska 68008 (402) 426-5123
ORDINANCE NO. 1343
AN ORDINANCE TO BE TERMED THE "ANNUAL APPROPRIATION BILL"
APPROPRIATING SUCH SUMS OF MONEY NECESSARY TO DEFRAY ALL
NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR,
NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF
AUGUST, 1983, AND SPECIFYING THE OBJECT AND PURPOSE OF EACH
APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE;
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, AS FOLLOWS:
SECTION 1. There is hereby appropriated for the use of
the City of Blair, Washington County, Nebraska, the sum of
$7,468,556.00 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 1983-
1984 fiscal year.
SECTION 2. That the following amounts be and hereby are
appropriated from the various funds to the use and purpose
hereinafter specified, to -wit:
FUND ALL SOURCES EST.
General $2,101,461.00
General Obligation Debt Service $168,273.00
Water Department $1,134,215.00
Sewer Department $615,190.00
Electrical Department $3,449,417.00
SECTION 3. That all ordinances or parts 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 2nd day ofAugust 1983.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
M. STANLEY JENS AYOR
WYMAN F. NELSON, Attorney at Law I645 Front Street Blair, Nebraska 68008 (402) 426 -5128
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL hereby certifies that she 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 2 nd day
ofAugust, 1983.
VER A R. :ULL, CITY CLERK
WYMAN E. NELSON, Attorney at Law I645 Front Street Blair, Nebraska 68008 (402) 426 -6128
ORDINANCE NO. 1344
AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE OFFICERS
AND EMPLOYEES OF THE CITY OF BL.AIR; 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'I
BLAIR, NEBRASKA, AS FOLLOWS:
SECTION 1. That the compensation for the officers and
employees of the City of Blair which will be effective August 1,
1983, is hereby established and set as follows: Bi- Weekly
Salaries: Doug Bullock - $1,193.85, Verna Bull - $726.17, Alice
Diedrichsen - $530.00, Herman Allen - $650.00, Robert Bolton -
$650.00, Alan Engelke - $650.00, Harold Jacobsen - $630.00,
Willard Lewis - $550.00, Everett Paine - $650.00, Patrick Long -
$550.00, Christine Coronia - $590.00, Fred Carritt - $670.00,
Dewayne Flora - $670.00, Tony Hale - $710.00, Eddie Kuhl -
$710.00, Darwin Shaw - $650.00, David Torrez - $630.00, Steve
Lundgren - $570.00, Sharon Handley - $530.00, John Timm -
$550.00, Jeannine Stier - $570.00, Dale Stricklett - $610.00,
Luverne Rembold - $510.00, Ann E. Stephens - $610.00, Blaine
Lemmons $450.00, Bob Hardy - $732.31, Junior Porter - $630.00,
Darlene Safely - $337.50, Teri S. Warrick - $470.00, Elizabeth
Burge - $165.00, Ray Fisher - $1031.54, Jayne Arnold - $670.00,
Peggy Frahm - $530.00, Marcia Nickerson - $470.00, Dale Robinson
- $810.00, Francis Quick - $790.00, Lee Smith - $610.00, Pat
Herman - $670.00, Wilbert Jensen - $790.00, Dan Coon - $670.00,
Mark Adams - $650.00, Aaron Hansen - $590.00, Marvin Johnson -
$590.00, Tom Austin - $790.00, William Harrington - $670.00, Dave
Warren - $670.00, Ronnie Kuehn - $630.00, Mark Warren - $590.00,
Francis Coddington - $590.00, Vaughn Korth - $650.00, Kenny Wulf
- $630.00, Jim Stier - $710.00, Art Keller - $710.00, Owen Burgin
- $630.00, Bruce Klanderud - $590.00, Dick Everhart - $730.00.
Yearly Salaries: Councilmembers: Frank Drbal - $1,000.00,
Jerome Jenny - $1,000.00, Mary Jo Kubie - $1,000.00, J. Merton
Kuhr - $1,000.00, James Long - $1,000.00, Henry Neef $1,000.00
Frank Reyzlik - $1,000.00, James Ryan - $1,000.00, and Mayor M.
Stanley Jensen - $1,500.00.
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 42 6-6123
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 provided by law.
Passed and approved this 2nd day of August, 1983.
ATTEST:
VER
II! /10
R. BULL, CITY 6 ERK
. STANLEY JENS , (N AYOR
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL hereby certifies that she 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 2nd day of August, 1983.
VERNA R. BULL, CITY CLERK
WYMAN E. NELSON, Attorney at Law 1645 Front Street Blair, Nebraska 68008 (402) 426 -5123
ORDINANCE NO. 1345
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, CREATING STORM SEW;
DISTRICT NO. 2; DECLARING THE ADVISABILITY AND NECESSITY
CONSTRUCTING A STORM SEWER THEREIN; DESCRIBING SAID STORM SEW;
AND THE LOCATION AND TERMINAL POINTS THEREOF; REFERRING TO PLAN;
SPECIFICATIONS AND ESTIMATE OF COST FOR SAID IMPROVEMENTS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
BLAIR, NEBRASKA:
SECTION 1. The Mayor and City Council of the City
Blair, Nebraska, deem and hereby declare it advisable al
necessary to build a storm sewer within the City as hereinaft(
provided and further find that said storm sewer will constitute
public improvement in said City which may properly be financed 1
issuance of the City's Storm Water Sewer District Bonds pursuar
to Section 16- 672.11, R.R.S. Neb. 1943.
SECTION 2. There is hereby created in the City
Blair, Nebraska, a storm sewer district to be known ar
designated as Storm Sewer District No. 2, the outer boundaries c
which shall include all lots and lands located within one hundre
fifty feet on either side of the storm sewer described in Sectic
4 below, all of said property being within the corporate limit
of the City of Blair, Nebraska.
SECTION 3. The storm sewer shall be constructed in sai
District in accordance with plans and specifications prepared b
Blair Engineering, Inc., special engineers for the City of Blair
Nebraska. Reference is hereby made to said plans an
specifications which have been filed with the City Clerk of th
City of Blair prior to the introduction and proposing of thi
Ordinance and which are hereby approved by the Mayor and Cit
Council.
SECTION 4. The size, kind, location, and termina
points of said storm sewer shall be as follows:
Beginning at the intersection of 13th Street and
Jackson Street in Blair, Nebraska; thence west
on Jackson Street to 16th Street; thence north
on 16th Street to a point 10' north of the south
line of Tax Lot 256 in Section 11, T18N, R11E of
the 6th P.M.; thence west along a line 10' north
of and parallel to the south line of Tax Lot 256
to a point 10' east of the west line of Tax Lot
256; thence north along a line 10' east of and
parallel to said wARt 1in. of Tav Tr4 ncK
Said storm sewer shall be constructed of reinforc
concrete pipe and shall be thirty and thirty -six inches
diameter as shown on the plans and specifications on file.
SECTION 5. The engineer's estimate of the tot
construction cost for improvements in said Storm Sewer Distri
No. 2, which has been filed with the City Clerk prior to t
introduction and proposing of this Ordinance, is $89,955.00.
SECTION 6. To pay the costs of the improvements here
provided for, the Mayor and Council will, after such improvemer
have been completed and accepted by the City, cause to be isst
the negotiable bonds of the City, all as provided by Sections 1
672.01 to 16- 672 -11, R.R.S. Neb. 1943.
SECTION 7. This Ordinance shall be in full force s
effect from and after its passage and approval as provided
law.
ATTEST:
point 10' north of the south line of Tax Lot 556
in Section 11, T18N, R11E of the 6th P.M.;
thence west along a line 10' north of and
parallel to the south line of Tax Lot 556 to the
center line of the abandoned railroad right -of-
way and terminating at that point.
Passed and approved this 11th day of October, 1983.
DOUGLAS E. c LLOCK,
ACTING CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
4r -arxrei.L.
M. STANLEY JENN,9AYOR
DOUGLAS -E. BULLOCK, hereby certifies that he is t
,Acting City Clerk of the City of Blair, Nebraska, and that t
above and foregoing Ordinance was passed at a regular meeting
the Mayor and City Council of said City held on the 11th day
October, 1983.
� - %
-
DOUGLA% E. BULLOCK,
ACTING CITY CLERK
WHEREAS the Nebraska State Unicameral passed and
approved L.B. 124 which modified and changed the State standards
for heating and thermal energy conservation; and
WHEREAS it is necessary for the City of Blair to comply
with such new standards.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA.
SECTION 1. That the Model Energy Code as published by
the Council of American Building Officials or any revisions,
modifications, or updates thereof, shall be the minimum
requirements for construction and building in the City of Blair,
Nebraska, for minimum heating and thermal energy efficiency
subject to Ordinance No. 1295.
SECTION 2. Section 2 of Ordinance 1295 is hereby
specifically repealed and any other ordinances or parts of
ordinances in conflict herewith are further hereby repealed.
SECTION 3. This Ordinance shall be in full force and
effect from and after its passage and approval as provided by
law.
ORIDNANCE NO. 1346
AN ORDINANCE REPEALIING SECTION 2 OF ORDINANCE NO. 1295 OF THE
CITY OF BLAIR, NEBRASKA, AND FURTHER ADOPTING AND ESTABLISHING
THE MODEL ENERGY CODE AS PUBLISHED BY THE COUNCIL OF AMERICAN
BUILDING OFFICIALS AND ANY REVISIONS OR MODIFICATIONS THEREOF AS
THE STANDARD AND SPECIFICATION OF MINIMUM BUILDING REQUIREMENTS
FOR HEATING AND THERMAL CONSERVATION, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN SAID
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
ATTEST:
Passed and approved this 11th day of October, 1983.
// 4 : 644d(-/
DOUGLiS E. BULLOCK,
ACTING CITY CLERK
M. STANLEY JENN, /AYOR
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
DOUGLAS E. BULLOCK, hereby certifies that he is the
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 thellth day of
October, 1983.
DOUGLA. E. BULLOCK,
ACTING CITY CLERK
ORDINANCE NO. 1347
AN ORDINANCE SETTING AND ESTABLISHING THE SALARY FOR THE POSITION
OF THE CHIEF OF POLICE OF THE CITY OF BLAIR, NEBRASKA, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. That the salary for the position of Chief of
Police of the City of Blair is hereby set and established at
$ 22,000.00 per year.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall be in full force and
effect from and after its passage and approval as provided by
law.
ATTEST:
Passed and approved this 8th day of November, 1983.
/) , 4M )
VERNA R. BULL, CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk 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 8th day of November, 1983.
VERNA R. BULL, CITY CLERK
g2
L AYOR
ORDINANCE NO. 1348
AN ORDINANCE OF THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA,
GRANTING TO MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS
LESSEES, SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE., RIGHT
AND PRIVILEGE FOR A PERIOD OF FIFTEEN (15) YEARS TO ERECT,
MAINTAIN AND OPERATE A GAS PLANT AND GAS DISTRIBUTION SYSTEM AND
ANY AND ALL NECESSARY PIPES, MAINS, SERVICES, AND OTHER
APPLIANCES THEREUNTO APPERTAINING IN, UPON, OVER, ACROSS AND
ALONG THE STREETS, ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY
OF BLAIR, NEBRASKA, AS THE SAME NOW ARE OR MAY HEREAFTER BE
EXTENDED, FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, AND
SALE OF GAS WHETHER ARTIFICIAL, NATURAL, OR OTHERWISE, FOR
COOKING, HEATING, INDUSTRIAL POWER, AND ALL OTHER USES AND
PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS
UNDER WHICH THE SAID COMPANY IS TO OPERATE, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. Minnegaso, Inc., a Corporation, its lessees,
successors and assigns, hereinafter referred to as the Grantee,
is hereby granted the nonexclusive franchise, right and privilege
for a period of fifteen (15) years to erect, maintain, and
operate a gas plant and gas distribution system and any and all
necessary pipes, mains, services, and other appliances thereunto
appertaining, in, upon, over, across and along the streets,
alleys, bridges, and public places of the City of Blair,
Nebraska, as the same now are or may hereafter be extended for
the manufacture, transmission, distribution and sale of gas,
whether artificial, natural or otherwise, for cooking, heating,
industrial power, and all other uses and purposes, all subject to
the terms and conditions hereof.
SECTION 2. Grantee agrees for and in behalf of itself,
its lessees, successors and assigns, that during the term of this
grant, it will maintain in the City of Blair, Nebraska, an
adequate, standard and sufficient gas system and equipment and
maintain and operate the same in a manner to meet the necessities
and requirements of the City of Blair, Nebraska, its industries
and inhabitants. In the event the grantee is unable or incapable
of providing its customers within the City of Blair with an
adequate supply of natural gas for a period of nine months or
longer, this franchise shall terminate effective upon written
notice by the City of Blair to the grantee of such termination.
SECTION 3. In the event of a shortage in the supply of
gas for any reason it will allocate the available gas, in
cooperation with the municipal authorities, in a manner to
conform to the general interests of the public.
SECTION 4. All pipes, mains and other equipment laid or
installed by the Grantee shall be so laid or installed•and so
located and operated as not to interfere with or obstruct the use
of any water pipes, drains, sewers, or other structures already
installed.
SECTION 5. The Grantee herein shall in the doing of any
work in connection with the exercising of the privileges herein
granted avoid, so far as may be practicable, interfering with the
use of any street, alley or other public place in said City and
where paving or surface of the street is disturbed, Grantee:shall
at its own expense and in a manner reasonably satisfactory to
the City Street Superintendent replace such pavement or surface
of the street, alley or other public place in as good condition
as the same was in before work was commenced and the costs of
inspection and supervision of such replacement of pavement or
surface of the street shall be paid by the Grantee.
SECTION 6. Grantee shall and hereby agrees to make such
reasonable extensions of its mains from time to time and install
services to property lines as may be required to furnish service
to prospective applicants located within the corporate limits of
the City; provided, however, Grantee shall not be required to
make any such extensions of more than one hundred (100) feet of
main for each customer to be served thereby.
SECTION 7. Nothing in this ordinance shall be construed
to prevent the proper authorities of said City from constructing
sewers, paving, repairing, altering or doing any work that may be
desired or necessary on any of the streets, alleys, avenues, or
any other public places in said City, nor to prevent any other
person, company or corporation to whom the City heretofore has
granted or hereafter may grant the right to use and occupy said
streets, alleys, avenues, or other public places from using and
occupying said streets, alleys, avenues, or other public places
in the proper exercising of their rights in the development and
extension and maintenance of their property and in the
performance of their rights and proper functions. Necessary
relocation of pipes because of the City's own work is at
Grantee's expense. Relocation costs due to another franchisee of
City using the streets, alleys and public ways is not at
Grantee's expense.
SECTION 8. The Grantee herein and its successors and
assigns shall at all times protect, indemnify and save harmless
the City of Blair from and against all claims and demands and
from any and all loss, expense and liability arising out of the
construction, installation, maintenance, operation or presence of
any of said pipes or other equipment of the Grantee herein,
except such as arises as a result of the sole negligence of the
City of Blair, its officers, employees, or agents.
SECTION 9. The rate that shall be charged by
Minnesgaso, Inc., for gas furnished, either artificial or
natural, shall be reasonable and such as may from time to time
hererafter be approved by the City of Blair. Grantee shall upon
request by the City of Blair provide to the City financial
operations reports and statements to determine the reasonableness
of retail rate adjustments other than pipeline or producer
adjustments.
SECTION 10. The Grantee, its successors and assigns,
shall file a map or plat with the Utilities Commissioner, showing
the location and size of all gas mains and distributing pipes now
laid or to be laid in said City; the said map or plat shall be
corrected by the Grantee from time to time to show all additional
mains and distributing pipes laid, which corrections shall be
made prior to the commencement of any such additional work.
SECTION 11. In consideration of the rights and
privileges herein granted, the Grantee agrees to pay to the City
an amount equal to three percent of its gross receipts derived by
the Grantee from sales of gas delivered within the City of Blair,
Nebraska, computed from and after the first day of the billing
quarter following the effective date of this franchise agreement.
Provided, however, the initial computation shall include the
franchise fee due upon the expiration of the previous franchise.
Such payments shall be made quarterly on the last day of the
month following the end of the calendar quarter.
SECTION 12. All payment of franchise fees made after
the due date shall draw interest at the rate of one percent (1 %)
per month and, after payment has been in default for six (6)
months, a penalty of five percent (5 %) shall be added thereto in
addition to interest charges and shall be paid by the company or
companies subject to the franchise fees.
The Grantee at the same time as it makes such quarterly
payment of franchise fee shall file with the City Clerk a full,
complete and detailed statement of the gross receipts subject to
the franchise fee provided for and said statement shall be duly
verified and sworn to by the manager in charge of the business of
the particular company in the City of Blair or by higher
managerial employees of such company, and the City of Blair shall
have the right at any time to inspect through its officers,
agents or representatives the books and records of such company
for the purpose of verifying such report or reports; provided,
however, that in case any company shall refuse, fail or neglect
to furnish or file such report or reports at the time required by
this Ordinance or .shall fail or refuse to permit the City of
Blair to inspect the books and records of such company for the
purpose of verifying such report or reports, then., and in that
event, the franchise fee for the preceding quarter shall be
estimated by the City Council and said amount so estimated shall
be paid within forty -five (45) days following the end of the
quarter as required by this Section, and said amount shall draw
interest and penalties as further provided in this Section.
SECTION 13. In the event the records of the Grantee
are audited by the City of Blair, its agents or representatives,
and it is determined that the franchise fee which has been paid
to the City of Blair is in error by three percent (3 %) or more
over the franchise fee which had actually been paid by the
Grantee, all costs of the audit and expenses connected therewith
to the City of Blair shall be reimbursed by the Grantee
forthwith.
SECTION 14. The company shall not sell, transfer,
convey or lease its plant or gas distribution system to another,
other than a parent company or wholly owned subsidiary of the
Grantee, nor transfer any rights under its franchise to another,
without the prior notification to City Council of the City of
Blair. No such sale, transfer, conveyance or lease shall be
effective until the vendee, transferee or lessee has filed in the
office of the City Clerk an instrument duly executed reciting the
fact of such sale, transfer, conveyance or lease and accepting
the terms of the franchise and agreeing to perform all of the
conditions thereof. Neither shall this section nor any other
sections of this ordinance preclude the assignment of certain
rights or assets of the Grantee for the purpose of financing.
SECTION 15. The Grantee shall maintain an office and
service technician crew with qualified persons in the City of
Blair, for a period of not less than three (3) years from the
date hereof. After such time the Grantee shall give notice to
the City of Blair in writing not less than six (6) months prior
to the discontinuance of any such office or service maintenance
center.
SECTION 16. Grantee agrees for and -in behalf of itself,
its lessees, successors and assigns, that all authority and
rights in this ordinance contained, shall at all times be subject
to all rights, power and authority now or hereafter possessed by
said City of Blair, Nebraska, to regulate and control and direct
or otherwise by ordinance or resolution legislate concerning the
exercise of the franchise herein granted and concerning the
manner in which the Grantee shall use the streets, alleys,
bridges and public places of said City.
SECTION 17. Any violation or breach by the Grantee, its
successors or assigns, of any of the provisions of this franchise
provided to be done by said Grantee shall constitute and become a
forfeiture by said Grantee of each, every and all of its rights
hereunder, upon forty-five (45) days written notice to the
Grantee of such violation. If such violation is not corrected
within forty -five (45) days following receipt of said notice
this franchise and all of the rights under it shall at the option
of the City be terminated.
SECTION 18. If the Grantee shall for the space of twenty
(20) days after the approval of this franchise by the governing
body of the City, continue to operate as a gas company in the
City of Blair, furnishing gas to inhabitants of said City and
using the streets of the City of Blair for that purpose, then
such continuation of the business and use of the streets for said
period of time shall constitute an acceptance of the terms of
this ordinance and this franchise, with the same force and effect
as if said Grantee has filed with the City Clerk a formal written
acceptance hereof.
SECTION 19. Ordinance No. 685 of the City of Blair,
Nebraska, is hereby repealed and all other ordinances or parts of
ordinances in conflict herewith.
SECTION 20. This ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this 22nd day of November
1983.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 22nd day of November , 1983.
R. BULL, CITY CLERK
ORDINANCE NO. 1349
AN ORDINANCE ESTABLISHING AND CREATING NO PARKING ZONES ON BOTH
SIDES OF U.S. HIGHWAY NO. 30 FROM 12TH STREET IN THE CITY OF
BLAIR, NEBRASKA, EAST TO STREET IN SAID CITY OF BLAIR,
NEBRASKA, PROVIDING THAT IT BE UNLAWFUL FOR ANY PERSON OR
PERSONS TO FAIL TO COMPLY WITH THE TERMS AND CONDITIONS HEREOF,
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT.
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have deemed parking on both sides of U.S.
Highway No. 30 from 12th Street east to 7th Street in the City of
Blair, a traffic hazard; and
WHEREAS, the Nebraska Department of Roads has requested
that the Mayor and City Council of the City of Blair, Nebraska,
adopt and pass an ordinance prohibiting said parking.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA.
SECTION 1. That parking of any vehicle be prohibited on
both sides of U.S. Highway No. 30 from 12th Street east to 7th
Street in the City of Blair, Nebraska, and that following the
passage and publication of this Ordinance it shall be unlawful
for any person to fail, neglect, or refuse to comply with said
prohibition.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall be in full force and
effect from and after its passage and approval as provided by
law.
Passed and approved this 22nd day of November, 1983.
8TANL ` Y 4 1 1 1 " MAloH
ATTEST:
VERNA R. BULL, CI Y CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she is the duly
appointed, qualified and acting City Clerk 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 22nd day of November, 1983.
VERNA R. BULL, CITY CLERK
ORDINANCE NO. 1350
AN ORDINANCE OF THE CITY OF GLAIR. NEBRASKA ORDERING
CONSTRUCTION IN STORM SEWER DISTRICT NO. 2.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
BLAIR. NEBRASKA:
Section 1. That the storm sewer improvements in Storm
Sewer District No. 2 as proposed to be constructed in Ordinance No
1345 be and they are hereby ordered constructed.
Section 2. This ordinance shall be in full force and tak
effect from and after its passage and approval as provided by law.
Passed and approved this 22nd day of November , 1983
City Clerk Verna R. Bull
1 11111 11 1111
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN, that a meeting of the Mayor and Council of the
City of Blair, Nebraska will beheld at 7:30 o'clock, P.M.
on November 22 , 19 83 , in the City Hall Council Chambers, which meeting
will . be open to the public. An agenda for such meeting, kept continuously
current, is available for public inspection at the office of the City Clerk
at the City Hall. The agenda may be modified at such meeting only to
include items of an emergency nature.
Verna R.. Bu
City Clerk
the uri #ersigned • rrietbers of the gt verining .body.
`City of Blair, .Nebraska :,...here iy -a cknowledges receipt. : of '
advance. notice of a meeting of • ea id body and the • a'genda £or
such meeting held at
on Novembe> 22, 1983
Dated this° 22nd
,
ACRNOWI EMEMENT OE RECEIPT ..OF
NOTICE :OF MEETING
. - o'clock
in the City
• day of`.Noverober .:1 983
Councilman
EXTRACT OF MINUTES
CITY OF BLAIR, NEBRASKA
A meeting of the Mayor and Council of the City of Blair,
Nebraska was convened in open and public session at 7 :30
o'clock P .M. on November 22nd , 1983 at City Council
Chambers . Present were: Mayor Jensen
Councilmembers: Jenny, Rvan, Kubie,
Long, Drbal, Reyzlik, Neef and Kuhr.
. Absent were: None •
Notice of the meeting was given in advance thereof by
publication, the City's designated method for giving notice, a
copy of the Proof of Publication being attached to these Minutes.
Notice of this meeting was given in advance to the Mayor
and all members of the City Council and a copy of their Acknow-
ledgment of Receipt of Notice and the agenda is attached to these
Minutes. Availability of the agenda was communicated in the
advance notice and in the notice to the Mayor and Council of this
meeting. All proceedings hereafter shown were taken while the
convened meeting was open to the attendance of the public.
Councilmember Jenny introduced Ordinance No
1350 entitled:
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, ORDERING
CONSTRUCTION IN STORM SEWER DISTRICT NO, 2.
Said Ordinance was fully and distinctly read, and by motion of
Councilmember Ryan , seconded by Council-
member Kubie , it was designated as Ordinance
No. 1350 and the title thereof was approved. The roll was calle
on the passage of said motion and the following voted
"AYE ": Jenny, Long, Rvan. Neef, Kubie, Drbal, Kuhr, and Revzlik.
The following voted "NAY" None
Councilmember Rvan moved that the statutory
rule requiring ordinances to be fully and distinctly read on three
different days be suspended, seconded by Councilmember Kubie.
The call was called and the following
voted "AYE ": Jenny, Long, Ryan. •Neef, Kubie, drbal, and Reyz'lik.•
• "NAY": Kuhr
The motion to suspend the statutory
rule having been concurred in by three- fourths of all members of
the Council was declared passed and adopted..
Whereupon Ordinance No. 1350 was read by title and there-
after Councilmember Jennv moved,for final passage
of said Ordinance. Councilmember Loa
seconded the motion. The Mayor stated: "The question is, shall
Ordinance Na. 1350 be passed and adopted?" The roll was called
and the following voted "AYE": Jenny, Long, Rvan, Neef. Kubie, Drbal.
Kuhr, and Reyzlik.
The following voted "NAY": None
The passage and adoption of said Ordinance having been
concurred with by a majority of all members elected to the
Council. was by the Mayor declared passed and adopted, and the
Mayor, in the presence of the Council. signed and approved said
Ordinance, and the Clerk attested the passage and approval of the
same and affixed the seal of the City thereto.
A true and complete copy of said Ordinance No.1350 is
attached hereto.
ZI214,,/
Verna R. Bull
City Clerk of
Blair, Nebraska
ORDINANCE NO. 1351
AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ESTABLISH A
RETIREMENT SYSTEM FOR POLICE OFFICERS AS PRESCRIBED; TO APPOINT A
RETIREMENT COMMITTEE; TO CREATE FUNDS; TO AUTHORIZE A LEVY; TO
EXCLUDE CERTAIN CONTRIBUTIONS FROM BUDGET LIMITATION PROVISIONS;
TO PROVIDE AN OPERATIVE DATE; TO REPEAL PENSION PROVISIONS; TO
REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA.
SECTION 1. Sections 1 and 9 of this Ordinance shall
apply to all police officers employed by the City of Blair.
SECTION 2. For the purposes of Sections 1 to 19 of this
Ordinance, unless the context otherwise requires:
(1) Regular interest shall mean the net rate of
interest earned each calendar year commencing January 1, 1984, as
determined by the retirement committee in conformity with actual
and expected earnings on its investments;
(2) Regular pay shall mean the average salary of a
police officer for the five years preceding the date such police
officer elects to retire, the five years preceding his or her
death, or the five years preceding the date of disability,
whichever is earliest;
(3) Salary shall mean all amounts paid to a
participating police officer by the City for personal services
as reported on the participant's federal income tax withholding
statement, including the police officer's contributions picked up
by the City as provided in subsection (2) of Section 5 of this
Ordinance.
(4) Retirement committee shall mean the retirement
committee created pursuant to Section 14 of this Ordinance.
(5) Retirement value shall mean the accumulated value
of the police officer's employee account and employer account.
(6) Group annuity contract shall mean the contract or
contracts issued by one or more life insurance companies to the
retirement committee in order to provide the benefits described
in Sections 1 to 19 of this Ordinance. Annuity conversion rates
contained in any such contract shall be specified on a sex
neutral basis; and
(7) Straight life annuity shall mean an ordinary
annuity payable for the life of the primary annuitant only, and
terminating at his or her death without refund or death benefit
of any kind.
SECTION 3. A police officer shall be credited with all
years of his or her service after the year 1965 for the purpose
of determining vested retirement benefits under Sections 1 to 19
of this Ordinance.
SECTION 4. Commencing on January 1, 1984, the City
shall keep and maintain a Police Officers' Retirement System Fund
for the purpose of investing payroll deductions and city
contributions to the retirement system established pursuant to
Sections 1 to 19 of this Ordinance. Upon the passage of Sections
1 to 19 of this Ordinance, all of the contributions made by an
officer prior to the operative date of this Ordinance will be
transferred to the officer's retirement employee account.
Regular interest shall begin to accrue on the contributions
transferred into the fund. Such funds shall be invested in the
manner prescribed in Section 16 of this Ordinance.
SECTION 5. (1) Each police officer participating in
the retirement system established pursuant to Sections 1 to 19 of
this Ordinance shall contribute to the retirement system a sum
equal to six percent (6 %) of his or her salary. Such payment
shall be made by regular payroll deductions from his or her
periodic salary and shall be credited to his or her employee
account on a monthly basis. Each such account shall also be
credited with regular interest.
(2) The City shall pick up the police officers'
contributions and the contributions so picked up shall be treated
as employer contributions in determining federal tax treatment
under the United States Internal Revenue Code, except that the
City shall continue to withhold federal income taxes based upon
these contributions until the Internal Revenue Service or the
federal courts rule that, pursuant to Section 414(h) of the
United States Internal Revenue Code, these contributions shall
not be . included as gross income of the employee until such time
as they are distributed or made available. The City shall pay
these employee contributions from the same source of funds which
is used in paying earnings to the employee. The City shall
pick up these contributions by a salary deduction either through
a reduction in the cash salary of the employee or a combination
of a reduction in salary and offset against a future salary
increase.
SECTION 6. The City shall contribute to the retirement
system asum equal to six percent (6 %) of each participating
officer's periodic salary. Such payment shall be contributed as
provided in Section 5 of this Ordinance for employee
contributions and shall be credited to his or her employer
account on a monthly basis. Each such account shall also be
credited with regular interest.
SECTION 7. (1) At any time before the retirment date,
the retiring police officer may elect to receive his or her
pension benefit either in the form of a straight life annuity or
any optional form of annuity benefit specified in the group
annuity contract. The retiring police officer may further elect
to defer the date of the first payment to the first day of any
specified month prior to age seventy. In any case, the amount of
the pension benefit shall be the amount purchased or otherwise
provided by the retirement value as of the date of the first
payment.
(2) For all officers employed on January 1, 1984, the
amount of the pension benefit, when determined on the straight
life annuity basis, shall not be less than the following amounts:
(a) Retirement at age sixty (60) with twenty -five
(25) years of service, or twenty -one (21) years of service if
hired prior to November 18, 1965, fifty percent (50 %) of regular
pay; or
(b) If retirement occurs following age fifty -five
(55) but before age sixty (60) with twenty -five (25) years of
service, forty percent (40 %) of regular pay.
(3) Any retiring police officer whose pension benefit
is less than twenty -five dollars ($25.00) per month on the
straight life annuity option shall be paid in a lump sum
settlement equal to the retirement value in lieu of annuity.
SECTION 8. (1) A police officer may:
(a) Elect to retire and receive a
pension benefit based on his or her full retirement value upon
the attainment of age sixty (60);
(b) Elect to take early retirement if
he or she has attained the age of fifty -five (55) and has
completed twenty -five (25) years of service; or
(c) Retire as a result of disability,
as determined under Section 11 of this Ordinance, at any age.
(2) A police officer who is eligible to retire pursuant
to subdivision (1)(a) of this Section but does not, shall
continue to contribute to his or her employee account and the
City shall continue to contribute to his or her employee account.
(3) All police officers shall retire from municipal
duty at the age of sixty (60) years, and the first of the month
immediately following the last day of work shall be the
retirement date.
SECTION 9. When prior to retirement, any police officer
participating in the retirement system established pursuant to
Sections 1 to 19 of this Ordinance shall die other than in the
line of duty, the entire retirement value shall be payable to the
beneficiary specified by the deceasaed police officer prior to
his or her death or to the deceased police officer's estate in
the event that no beneficiary was specified. The retirement
value may be received by the beneficiary in the form of a single
lump sum payment., straight life annuity, or any other optional
form of benefit specified in the group annuity contract.
If such benefits are payable in the form of annuity
benefits, and if any police officer employed by the City as a
member of its paid police department on January 1, 1984, except
those who shall have been formerly employed in the department who
are now in military service, shall die other than in the line of
duty after becoming fifty -five (55) years of age and before
electing to retire, and after serving in the paid police
department of the City for at least twenty -one (21) years, then a
pension of at least twenty -five percent (25 %) of his or her
regular pay as defined in Section 2 of this Ordinance under a
straight life annuity shall be paid to the surviving spouse or
minor children of such deceased police officer. To the extent
that the retirement value at the date of death exceeds the amount
required to purchase the specified pension, the excess will be
applied to increase the amount of the pension benefit. In the
event that the pension benefit is payable, the retirement value
of the officer's retirement account who died after the age of
fifty -five (55) shall be retained by the City.
SECTION 10. When prior to retirement, any police
officer partcipating in the retirement system established
pursuant to Sections 1 to 19 of this Ordinance shall die in the
line of duty or in case death is caused by or is the result of
injuries received while in the line of duty, .the entire
retirement value shall be payable to the beneficiary specified by
the deceased police officer prior to his or her death, or to the
deceased police officer's estate in the event that no beneficiary
was specified. The retirement value may be received by the
beneficiary in the form of a single lump sum payment, straight
life annuity, or any other optional form of benefit specified in
the group annuity contract. For a police officer that is
survived by a spouse or minor children, a retirement pension of
fifty percent (50 %) of regular pay shall be paid to the surviving
spouse, or upon his or her remarriage or death, to the minor
child or children during such child's or children's minority
subject to the deduction of the amounts paid as workmen's
compensation benefits on account of death, as provided in Section
12 of this Ordinance. To the extent that the retirement value at
the date of death exceeds the amount required to purchase the
specified retirement pension, reduced by any amounts paid as
workmen's compensation benefits, the excess shall be applied to
increase the amount of the pension benefit. In the event that
the specified retirement pension is payable, the retirement value
shall be retained by the City.
SECTION 11. In case any police officer shall become
permanently and totally disabled from accident or other cause
while in the line of duty and such police officer because of such
disability is unable to resume the duties he or she was
performing at the time of injury, such police officer shall
forthwith be placed upon the roll of pensioned police officers at
the regular retirement pension of fifty percent (50%) of regular
pay, as defined in Section 1 of this Ordinance. In case of
temporary total disability of a police officer received while in
the line of duty, he or she shall receive his or her salary
during the continuance of such disability for a period not to,
exceed twelve (12) months, except that it shall be ascertained by
the City Council or other proper municipal authorities within
twelve (12) months that such disability has become permanent,
then the salary shall cease and he or she shall be entitled to
the benefits for pensions in case of total and permanent
disability. All payments of pension or salary provided by this
Section shall be subject to deduction of amounts paid under
Chapter 48, Article I. Total payments to a disabled police
officer, in excess of amounts pai;.d as workmen's compensation
benefits, shall not be less than the retirement value at the date
of disability.
SECTION 12. No police officer shall be entitled during
any period of temporary disability to receive in full both his or
her salary and his or her benefits under Chapter 48, Article I.
All Nebraska workmen's compensation benefits shall be payable in
full to such police officer as provided in Chapter 48, Article I,
but all amounts paid by the City or its insurer under Sections 1
to 19 of this Ordinance to any disabled police officer entitled
to receive a salary during such disability shall be considered as
payments on account of such salary and shall be credited thereon.
The remaining balance of such salary, if any, shall be payable as
otherwise provided in Sections 1 to 19 of this Ordinance.
SECTION 13. In the event a police officer quits or is
discharged, the officer may request and receive as a lump sum all
of the contribution he or she has made toward his or her employee
account, including regular interest earned from January 1, 1984.
Such officer, if vested, shall also receive a deferred pension
benefit in an amount purchased by the retirement value at the
date of retirement. The retirement value shall consist of the
accumulated value of the police officer's employee account, less
any lump sum distributions received prior to retirement, together
with a vested percentage of the police officer's employer account
plus regular interest from the date of termination to the date of
retirement. The retirement value of an officer who is employed
on January 1, 1984, shall include, when he or she quits or is
discharged from the City, an amount equal to the employee's
contributions that were made prior to January 1, 1984, subject to
the vesting schedule. The vesting schedule is as follows:
(1) If the terminated police officer has been a member
of the system for less than four years, such vesting shall be
nil;
(2) If the terminating officer has been a member of the
paid department of the City for at least four years, such vesting
percentage shall be forty percent (40 %). Such vesting percentage
shall be fifty percent (50 %) after five years, sixty percent
(60 %) after six years, seventy percent (70 %) after seven years,
eighty percent (80%) after eight years, ninety percent (90 %)
after nine years, and one hundred percent (100 %) after ten years;
and
(3) All police officers shall be one hundred percent
(100 %) vested at age sixty (60).
The deferred pension benefit is payable on the first of
the month immediately following the police officer's sixtieth
birthday. At the option of the terminating officer, such pension
benefit may be paid as of the first of the month after such
member attains the age of fifty -five (55). Such election may be
made by the officer anytime prior to the payment of the pension
benefits.
In the event that the terminating police officer shall
not be credited with one hundred percent (100 %) of his or her
employer account, the remainder shall first be used to meet the
expense charges incurred by the City in connection with
administering the police officer retirement system and the
remainder shall then be used to reduce the City contribution
which would otherwise be required to fund pension benefits.
SECTION 14. A retirement committee shall be established
to supervise the general operation of the retirement system
established pursuant to Sections 1 to 19 of this Ordinance.
SECTION 15. Each retirement committee established
pursuant to Section 14 of this Ordinance shall consist of members
from both the police force and designees of the City Council.
The committee shall consist of six members, of which, four
members shall be selected by the officers from the police force
of the City. Election of police officers shall be by majority
vote. Results of the election shall be certified to the City
Clerk by the Chief of Police. The City Administrator of the City
shall be and is hereby appointed to the committee. The other
designee of the City shall be one of the members of the City
Council which shall be appointed by the Mayor with the approval
of the City Council. The members who are not participants in
such retirement system shall have a general knowledge of
retirement plans. The committee members shall be appointed to
four -year terms, commencing October 1, 1983. Vacancies shall be
filled for the remainder of the term by a person with the same
representation as his or her predecessor. Members of the
retirement committee shall receive no salary and shall not be
compensated for expenses.
SECTION 16. The funds of the retirement system shall be
invested by the retirement committee. The City Council shall
contract with an insurance company, trust company, or other
financial institution including, but not limited to, brokerage
houses, investment managers, savings and loan associations,
banks, credit unions, or Farmers Home Administration or Veterans'
Administration approved lenders. Such funds shall be invested
pursuant to the policies established by the Nebraska Investment
Council.
SECTION 17. It shall be the duty of the retirment
committee to:
(1) Provide each employee ,a summary of plan eligibility
requirements and benefit.pr,ovisions;
(2) Provide, within thirty (30) days after a request is
made by a participant, a statement describing the amount of
benefits such partcipant is eligible to receive;
(3) Make available for review an annual report of the
system's operations describing both (a) the amount of
contributions to the system from both employee and employer
sources and (b) an identification of the total assets of the
retirement system; and
(4) Have an analysis made of the investment return that
has been achieved on the assets of the retirement system
administered by the committee. Such analysis shall be prepared
as of January 1, 1988, and each five (5) years thereafter. The
analysis shall be prepared by an independent private organization
which has demonstrated expertise to perform this type of analysis
and which is unrelated to any organization offering investment
advice of which provides management services to the retirement
system.
SECTION 18. In the event that after four or more years
of employment a police officer terminates his or her employment
for the purpose of becoming a police officer employed by another
first class city in Nebraska, and such new employment commences
within ninety (90) days, such police officer shall be entitled to
transfer to the Police Officers' Retirement System Fund of the
City by which he or she is newly employed, the full amount of his
or her contribution and his or her vested portion of the City's
contribution at the time of termination, together with regular
interest accrued thereon. The transferred funds shall be
administered by the retirement committee of the City to which
transferred. For the purpose of applying the vesting schedule in
Section 13 of this Ordinance to contributions made following the
cocmmencement of new employment, such police officers shall be
deemed a new employee.
SECTION 19. In order to provide the necessary amounts
to pay for or fund a pension plan established under Sections 1 to
19 of this Ordinance, the Mayor and Council may make a levy in
addition to the multiple levies or the all purpose and exclusive
levy which such city is authorized by law to make.
SECTION 20. For purposes of subdivision (2) of Section
77 -3423, new program shall include all contributions of a city of
the first class to a retirement system established pursuant to
Sections 1 to 19 of this Ordinance, for one calendar year after
January 1, 1984.
SECTION 21. This Ordinance shall be in full force and
effect from and after January 1, 1984.
SECTION 22. That all ordinances or parts of ordinances
and resolutions in conflict herewith are hereby repealed.
SECTION 23. This Ordinance shall be in full force and
effect from and following the passage and publication hereof as
required by law.
PASSED AND APPROVED this 13th day of December, 1983.
ATTEST:
M. STANLEY JENSE M OOR
/ /4w .
VER R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
VERNA R. BULL, hereby certifies that she 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 13th day of December, 1983.
VER A R. BULL, CITY CLERK