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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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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