19871987 RESOLUTIONS
1987- Subject Page
1 Approval of M & G Enterprises Class C Liquor License 3392
2 Approval of DBV Enterprises Class C Liquor License 3392
3 Approval of M.J.W., Inc. Class C Liquor License 3 398
4 1987 One and Six Year Plan 3401
5 1 D S Bonds for Auburn Hurdle Co. REPLACED BY #23 3406
6 Increase fees at Cemetery, lots and openings 3407
7 Parking at 17th and Lincoln Streets 3409
8 Stop Signs at 16th and Adams 3409
9 Landfill Fees 3409
10 Amend Community Development Block Grant -Kelly Ryan Mfg 3411
11 Blair Fire Dept, One Day Beer and Wine Sales 3413
12 Application for a CD BG 3416
13 South School loading zone 3416
14 Increment Revenue Bonds for Circle Energies Land 3417
15 Telephone Company Easement for right of way 3417
16 VFW One day beer only License 3419
17 Fireworks to be sold by Nebraska Fireworks Co. 3420
18 No Parking on south side of Adams 11th - 12th 3421
19 Handicap Parking Spaces 3423
20 Stop Sign at 12th and Fairview 3424
21 Approve application for Class J Liquor License Pizza Hut 3 427
22 Approve Budget for FY 87 -88 3429
23 I D S Bonds for Auburn Hurdle Co. 3431
24 R. R. Crossing flashing lights at 10th St. 3433
25 Increment Bonds of $6,000,000.00 for NE Ethanol Corp. 3436
26 NE Ethanol Corp. wishes City of Blair to apply 3436
for Grant aid
27 Speed limit at Blair Apt Complex 3439
28 Lease fair Police /County Law Enforcement Center 3439
29 Library Fee 1985 -25 revised no student $5.00 3442
30 Condolences for Frank Drbal's passing 3443
31 NOT ADOPTED Objection to Phil Larsen subdivision 3443
32 Request for Federal Funds for South Creek /Grant St. 3444
33 Class I Liquor License for Viking, Carole Anderson 3447
1987- 34 Developer's Agreement for Stone Creek Estates 3450
35 Memorial Community Hospital One Day Liquor License 3450
36 Class C Liquor License for The Limit,J. Rybin 3456
37 Tele -Max Cable TV to acquire Omniview 3456
COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 1
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class C
Spirits, Wine, Beer, On and Off Sale Only Liquor License for
M & G Enterprises, Inc., d /b /a Blair Fish Market.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a - certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Revzlik MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long
UPON ROLL CALL, COUNCILMEMBERS
.1Pnny, RP , 7i 4k Irma, 1� intnn Kt!hr Krne, Kith;P and Ryan
VOTIN "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 13th DAY JANUARY, 1987.
ATTEST:
(W4i4A/
VERNA R. BULL,:- CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY
Af4 1
M. STANLEY JENSEfQ /. M'A1tOR
STATE OF NEBRASKA )
)88
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 13th day of January, 1987.
VERNA R. BU L CITY CLERK
COUNCILMEMBER Rp ,.,ijk INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 - 2
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class C
Spirits, Wine, Beer, On and Off Sale Only Liquor License for
DBV Enterprises, Inc., d /b /a The Aquariam.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Lonc MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr
. UPON ROLL CALL, COUNCILMEMBERS
Revzlik,, Long, Kuhr Vinton, Ryan, Kros, Kubie and Jenny
VOTING "AYE" AND COUNCILMEMBERS None ,
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 13th DAY JANUARY, 1987.
ATTEST:
1A �44
VERNA R. BULL-, CITY CLERK
(SEAL)
CITY OF BL SIR, NEBRASKA
BY
M. STANLEY JENZN J MAYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 13th day of January, 1987.
VERNA R. BULL, CITY CLERK
COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 3
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class C
Spirits, Wine, Beer, On and Off Sale Only Liquor License for
M.J.W., Inc., d /b /a George's Tavern.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik . UPON ROLL CALL, COUNCILMEMBERS
l ik KuN1r Krns Lon Vinton and Kubie
VOTI G'A ' AND COUNCILMEMBERS d ��
one
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 24th DAY FEBRUARY, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
J,Ai 1
VERNA R. BULL, CITY CLERK
(SEAL)
M. STANLEY JEN$ NN MAYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 24th day of February, 1987.
VER A R BULL, CITY CLERK
COUNCILMEMBER Kubie INTRODUCEDTHE OLLOWING RESOLUTION:
RESOLUTION NO. 1987- 4
BE IT RESOLVED by the Mayor and City Council of the City
of Blair, Nebraska, that the 1987 One and Six Year Plan for the
construction, maintenance and repair of the streets of the City
of Blair, Nebraska, as prepared by the City Street
Superintendent, and attached hereto, marked Exhibit "A" and by
this reference made a part hereof, be and is hereby adopted.
BE IT FURTHER RESOLVED that a certified copy of said
plan be filed with the State Highway Department of the State of
Nebraska.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik . UPON ROLL CALL, COUNCILMEMBERS
Kubie, Long., Revzlik,. yintgn Kuhr, Krps. Ryan and Jennv
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 10th DAY OF MARCH, 1987.
ATTEST:
CITY OF BLAIR, NEBRASKA
BY`G )/ • C
M. STANLEY JE j:ElY/„/ MAYOR
,LPL rim � �- Y.. - �-- -
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)88
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said city
held on the 10th day of March, 1987.
VERNA R. BULL,
fi CLERK
PUBLIC NOTICE
Notice is hereby given that there will be a public hearing
held before the City Council of the City of Blair, Nebraska, at
the City Hall at 7:30 P.M., March 10, 1987, concerning the
Proposed 1987 One and Six Year Street Improvement Plan for the
City of Blair, Nebraska.
ZLI,)
Verna R. Bull, C.M.C.
City Clerk /Treasurer
Mayor and City Council
Blair, Nebraska
The following is the 1987 One
Blair, Nebraska which is submitted
YEAR PROJECT NO.
1987 M -157 (L -80a)
1987 M -157 (L -80b)
1987 M -157 (L -80c)
1987 M -157 (L -80d)
1987 M -157 (L -80e)
1987 M -157 (L -80f)
1987 M -157 (L -80g)
1987 M -157 (L -80h)
1987 M -157 (L -80i)
1987 M -157 (L -80j)
1987 M -157 (L -80k)
1987 M -157 (L -81)
1987 M -157 (L -82)
(1)
February 24, 1987
and Six Year Plan for the City of
for your final review and adoption.
DESCRIPTION
Fairview Drive - llth St. to 12th St.
(Asphalt Overlay)
14th Avenue - Jackson St. to 100'
North of Wright St. (Asphalt Overlay)
15th St. - Jackson St. to Adams St.
(Asphalt Overlay)
Wright St. - 19th St. to 20th Ave.
(Asphalt Overlay)
30th St. - College Drive to South
line of Anderson's Addition
(Asphalt Overlay)
Nebraska St. - 23rd St. to 24th St.
(Asphalt Overlay)
14th St, - Lincoln St. to Washington
St. (Asphalt Overlay)
21st St. - Grant St. to Front St.
(Asphalt Overlay)
12th and Colfax Intersection - North
and South Radius Segments Only
(Asphalt Overlay)
Oak Drive - Cul -de -sac only
(Asphalt Overlay)
Front St. - 19th St. to 23rd St.
(Asphalt Overlay)
Asphalt overlay of Highway No. 30
South from Clark St. to Highway No. 133
Asphalt overlay of Highway 30 South
from 100' South of the centerline of
Lincoln St. to the North line of Davis
1987 M -157 (L -43) Miscellaneous Street Repair
1987 One and Six Year Plan (continued)
YEAR PROJECT NO. DESCRIPTION
1987 M -157 (L -18) Layaway for matching funds
1987 M -157 (L -48) Iowa Street extension to Old Highway
No. 30
1988 M -157 (M -83) Miscellaneous Asphalt Overlay Projects
1988 M -157 (M -43) Miscellaneous Street Repair
1988 M -157 (M -18) Layaway for matching funds
1989 -1992 M -157 (33) Collector Belt No. 1 (Highway 75 to
First St.)
1989 -1992 M -157 (35)
1989 -1992 M -157 (46)
1989 -1992 M -157 (52)
WDW /pf
Collector Belt No. 2 (Highway 75 to
Highway 30 -133)
Extension of thirteenth Street North
to State St.
Road from Highway No. 91 to Black
Elk Park
Respectfully Submitted,
Warren D. Whitaker
City Street Superintendent
City of Blair, Nebraska
REPLACED BY RESOLUTION N.Q. 1987 -23
7 -28 -87
COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 5
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. The Mayor and City Council hereby approve
the request of Auburn Hurdle Company, Inc., or an entity owned or
related thereto, (individually and collectively the "Company ")
for the issuance by the City of Industrial Development Revenue
Bonds in an amount of not to exceed Four Million Dollars to
provide funds to acquire real estate and a building and to
rehabilitate and construct additions to such building all located
in the Industrial Tract, Blair, Nebraska, and to purchase
equipment to be used in connection with the Company's business.
SECTION 2. The City Clerk, without any further action
or authorization from the City Council, is hereby authorized to
call a public hearing on the proposal to issue such bonds, upon
the request of the Company, at such time as the City Clerk and
Company deem advisable and the City Clerk is hereby authorized to
cause notice of any such public hearing to be given and published
in such method and manner as the City Clerk and Company shall
deem reasonable and necessary.
SECTION 3. That said bonds shall be issued, in one or
more series, when the documents relating thereto have been
prepared by or on behalf of the Company and approved by the City
Attorney and the Mayor and City Council of the City of Blair,
Nebraska.
SECTION 4. Issuance of the bonds shall be pursuant to
Section 18 -1614 to 18 -1623 R.R.S. Nebraska 1943, as amended, and
If
neither the passage of this Resolution nor the issuance of said
bonds shall obligate the City of Blair, Nebraska, for any
pecuniary liability or constitute a charge against the general
credit or taxing powers of the City of Blair, Nebraska, and said
bonds, when issued shall be payable solely from monies paid by or
on behalf of Auburn Hurdle Company, Inc.
COUNCILMEMBER KUHR MOVED THAT
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED
JENNY UPON ROLL CALL,
RYAN KU i1,EN tQ gEy7 TK I I KR
NOS. ANi1 KLIRTF
VOTING " 'E" ,� ATD T COUIYCILMEMB'ER NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING_
AND ADOPTED THIS 14th DAY OF APRIL, 1987.
ATTEST:
VE A R. BULL, ‘CLERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
VERNA R. BULL, hereby certifies that
appointed, qualified, and acting City Clerk of the City of Blair,
Nebraska, and that the above and foregoing Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 14th day of April, 1987.
) ss
CITY OF BLAIR, NEBRASKA
THE RESOLUTION BE
BY COUNCILMEMBER
COUNCILMEMBERS
RESOLUTION PASSED
VERN B ULL, CITY CLERK
she is the duly
COUNCILMEMBER. Rvan
RESOLUTION NO. t987-
WHEREAS, the Chairman and members of the Blair ` Cemetery
Board have recommended to the Mayor and City Council, that the
fees for grave openings and for the charges for purchases of
grave spaces be adjusted; and,
WHERRAS, such adjustment is necessary to reimburse the
municipality for the actual expenses connected therewith.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Blair, Nebraska, that the following fees,
charges, and rates be set and established:
Grave Openings.
Adult
Infant . (baby)
Cremation •
INTRODUCED THE .FOLLOWING RESOLUTION:
Grave Spaces Purchases
Adult $:250.00
.Infant (baby). $, 70.00
NOTE: The .above fees include perpetual care.
BE IT .FURTHER RESOLVED THAT suoh rates and. fees shall be
in full force and effect following the passage and adoption of
this Resolution.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Jenny . UPON ROLL CALL, COUNCILMEMBERS
Ryan, Reyzlik, Jenny, Kubie Kros, Long, Kuhr and Vinton
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 14th DAY OF APRIL, 1987.
ATTEST:
VERNA R. ]3UI,L , C I CLRK
(SEAL)
STATE OF NEBRASKA
ss
WASHINGTON COUNTY
CITY OF BLAIR, NEBRASKA
BY t,.�' �, Ai
M. STANLEY JEN ..T .A T /'OR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 14th day of April, 1987.
VERNA" R. BULL, CITY CLERK
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 7
WHEREAS, Section 5 - 404 of the Municipal Code of the City
of Blair, provides that the governing laody may by resolution
prohibit or regulate parking on designated streets or parts of
streets.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any
vehicle be prohibited on the South side Of Lincoln Street from
the West curb of 17th Street to 37 feet West of the West curb of
17th Street and on the North side of Lincoln Street from the
East curb of 17th Street to 22 feet East of the East Curb of 17th
Street in the City of Blair, Nebraska, and that the Street
Department of the City of Blair and the Police Department are
hereby authorized and directed to place No Parking Signs
reflecting the no parking area as established hereby at necessary
intervals along said no parking area and that following the
passage and publication of this Resolution it shall be unlawful
for any person to fail, neglect or refuse to comply with said
prohibition.
COUNCILMEMBER Jenny MOVED THE THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr . UPON ROLL CALL, COUNCILMEMBERS
KUhr, 3enny, - Kros, eyzTTW ' Vinton and Ryaln
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FuhEquitIG RESOLUTION PASSED
AND APPROVED THIS 28th DAY OF APRIL, 1907.
CITY OF BLAIR, NEBRASKA
BY
M. SfiANLEY DENS `+ . 'AYOR
ATTEST:
/-62Gt.4,
VERNA R. BULL,
(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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 28th day of April, 1987.
CITY CLERK
VERNA R. BULL, CITY CLERK
— rOUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, Section 5 -218 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
provide for the placing of stop signs or other signs for the
purpose of stopping or prohibiting traffic on any street or alley
within the Municipality's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Blair, Nebraska, that stop signs be placed
on Adams Street at its intersection with 16th Street for the
purpose of stopping traffic proceeding East and West on said
Adams Street in the City of Blair and that following the passage
and publication of this resolution it shall be unlawful for any
person to fail, neglect or refuse to comply with said stop signs.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan . UPON ROLL CALL, COUNCILMEMBERS Jenny, Kuhr, Ryan,
Vinton, Kros and Reyzlik
VOTING "AYE "AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 28th DAY OF APRIL, 1987.
ATTEST:
VERNA R. C1 Y OLERK
(SEAL)
RESOLUTION NO. 1987 -8
CITY OF BLAIR, NEBRASKA
BY
M. STANLEY JENS O
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 Resolution was passed
at a regular meeting of the Mayor and City Council held on the
28th day of April, 1987.
X 1.€1
VERNA R. BULL, CITY CLERK
COUNCILMEMBER
Ryan
INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -
WHEREAS, an adjustment to the fees for the dumping of
trash at the Municipal Landfill is necessary to reimburse the
Municipality for the actual expenses connected therewith.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Blair, Nebraska, that the following fees,
charges, and rates be set and established:
Packers $ 1.25 per cubic yard.
Automobiles $ 1.50 per load.
Pickup Trucks $ 3.00 per load.
2 -Wheel Trailers $ 3.00 per load.
Dump Trucks $ 8.00 per load.
BE IT FURTHER RESOLVED THAT such fees shall be in full
force and effect following the passage and adoption of this
Resolution.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr . UPON ROLL CALL, COUNCILMEMBERS
Ryan, Reyzlik, Kuhr, Kros, Vinton and Kubie
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLu'TluN PASSED
AND APPROVED THIS 28th DAY OF APRIL, 1987.
ATTEST:
VERNA R , -° r; T TY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY ij/. / .4464i6
M. STANLEY JEN /NfAYOR
//2/7/8
Cyr hs c. y����
1///////
STATE OF NEBRASKA
WASHINGTON COUNTY
)ss
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 28th day of April, 1987.
VERNA R. BULL, CITY CLERK
COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 10
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been presented with an Amendment to the
Commu Development Block Grant, a copy of which is attached
hereto and marked Exhibit "A "; and,
WHEREAS, said Amendment is hereby deemed to be agreeable
to the municipality and the same is hereby adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Mayor and City
Clerk of the City of Blair, Nebraska, are hereby authorized and
directed to execute same on behalf of the City of Blair.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Jenny . UPON ROLL CALL, COUNCILMEMBERS
Jenny, Reyzlik, Kros, Kubie, Kuhr, and Long VOTING "AYE" AND
-- COIFNtIL`MEEMBERS NONE VOTING "NAY" Councilman Ryan abstained
, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 30th DAY OF APRIL, 1987.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
M. STANLEY JENS YOR
STATE OF NEBRASKA
WASHINGTON COUNTY
)
)ss
"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 Resolution was passed
at a regular meeting of the Mayor and City Council held on the
30th day of April, 1987.
VERNA R. BULL, CITY CLERK
AN AMENDMENT TO COMMUNITY DEVELOPMENT
BLOCK GRANT CONTRACT NO. 85 -ED -034
This Amendment to the Community Development Block Grant
Contract No. 85 -ED -034 made this O % Play of A PR , L , 1987,
by and between the State of Nebraska, Department of Economic
Development, hereinafter referred to as "Department ", and the
City of Blair, Nebraska, hereinafter referred to as "Grantee ";
WITTNESSETH:
Whereas, the Department and Grantee entered into the
contract referenced hereinabove and said contract in Section 1.17
provides that any amendment or modification of the Contract must
be mutually approved in writing by the Grantee and the
Department; and,
Whereas, Kelly Ryan Equipment Company, a Nebraska
corporation, as the project participant has requested amendments
to the Contract and to the loan documents providing for a
restructuring of the repayment schedule and a subordination of
the security interest of the Grantee in assets of the Kelly Ryan
Equipment Company; and,
Whereas, a Subordination Agreement, Standby Agreement,
and S.B.A. authorization setting forth the repayment schedule
have been presented to the Grantee for approval, all of same
being attached hereto marked Exhibits "A ", "B ", and "C"
respectively and by this reference made a part hereof as though
fully set forth herein; and,
Whereas, the Department is in agreement with such
modification of the Contract and of such loan documents.
NOW, THEREFORE, it is agreed by and between the parties
s "4
C' O
that the Contract referenced hereinabove should be amended so as
to provide that Section A, paragraph 4 of the Addendum to the
Contract should be amended pursuant to the provision for
repayment of the loan in the S.B.A. authorization attached
hereto, marked Exhibit "C ", and further that Section A, paragraph
5 of the Contract should be amended so as to provide that the
Grantee will have a third lien on all equipment identified in
said Addendum pursuant to the Subordination Agreement and Standby
Agreement attached hereto, marked Exhibits "A" and "B"
respectively.
It is further hereby agreed that the Grantee is
authorized by the Department and the Department hereby approves
the execution of the Subordination Agreement and Standby
Agreements attached hereto, marked Exhibits "A" and "B"
respectively.
In all other terms and conditions the provisions of such
contract referenced hereinabove shall remain in full force and
effect except as specifically modified hereby.
NEBRASKA DEPARTMENT OF ECONOMIC
DEVELOPMENT
CITY OF BLAIR, NEBRASKA
4. 2487 /EAA17
It is further agreed as follows:
SECURITY INTEREST SUBORDINATION AGREEMENT
TO: NORTHERN BANK, a Nebraska banking corporation
established in Omaha, Nebraska ( "Bank ") .
EXHIBIT A
For good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and to induce Bank at its discretion to
extend new credit up to but not to exceed a total of $588,000.00 (the
"New Credit ") to KELLY RYAN EQUIPMENT COMPANY, a Nebraska
corporation established in Blair, Nebraska ( "Debtor ") , until Bank is
otherwise notified by the undersigned in writing, the undersigned
hereby agrees that (regardless of any priority otherwise available to the
undersigned by law or by agreement) any security interest which the
undersigned may now hold or may at any time hereafter acquire in the
following property of Debtor (the "Collateral "), namely:
See Exhibit "A" attached hereto,
together, in each case, with all proceeds thereof, is, shall be and shall
remain fully subordinate for all purposes to any indebtedness due Bank
from the Debtor as a result of, or arising out of, the extension by Bank
of the New Credit.
1. The undersigned reserves the right to revoke this agreement
and the rights and privileges granted Bank hereunder at any time, and
the same shall be revoked upon Bank's receipt of written notification
from the undersigned (the "Revocation ") . Notwithstanding the
generality of the foregoing, any such Revocation shall have no effect
whatsoever on Bank's rights or entitlements under this agreement as to
that portion of the New Credit incurred by the Debtor before Bank's
receipt of the Revocation.
2. To the extent necessary to fully pay the lesser of the New
Credit or the portion of the New Credit incurred by Debtor before
Bank's receipt of the Revocation, Bank may exercise collection rights,
may take possession of and may sell or dispose of the Collateral, and
may exercise and enforce any right or remedy available to Bank with
respect to the Collateral, whether available prior to or after the
occurrence of any default, provided however, the Bank shall give prior
written notice thereof to the undersigned.
3. The undersigned (i) makes no representation or warranty
concerning the Collateral or the validity, perfection or (except as to the
subordination effected hereby) priority of any security interest therein,
and (ii) shall have no duty to preserve, protect, care for, insure, take
possession of, collect, dispose of or otherwise realize upon any
Collateral.
4.24871EAAi7
Accepted on the
NORTHERN BANK
By:
Its:
4. The undersigned warrants that any purchaser or transferee of,
or successor to, any security interest of the undersigned in any or all
of the Collateral will be given written notice of the subordination
effected hereby, prior to the time of purchase, transfer or succession,
and that any such purchaser, transferee or successor will be in all
respects subject to and bound by this Agreement.
5. The undersigned waives any priority available to the
undersigned by law with respect to any security interest in the
Collateral only to the extent of the lesser of the New Credit or that
portion of the New Credit incurred by the Debtor prior to Bank's receipt
of the Revocation, and the priority or parity of the rights and claims of
the undersigned and of Bank as general creditors of Debtor (rather than
as secured parties) shall not be affected or impaired by this Agreement.
This Agreement shall be binding upon the undersigned and the heirs,
representatives, successors and assigns of the undersigned and shall
inure solely to the benefit of and shall be enforceable by, Bank and its
participants, successors and assigns and . otherwise neither Debtor nor
any other secured party nor any other person shall be entitled to rely
on or enforce this Agreement.
DATED:
day of
CITY OF BL - ' , NEBRASK
By:
its:
u
, 1987:
(1-'‘
Exhibit A attached to Security Interest Subordination Agreement
Debtor: Kelly Ryan Equipment Company
Secured Party: Northern Bank
Subordinating Party: City of Blair
Description of property subject to the Security Interest Subordination Agreement:
$a (a) All inventory of Debtor, whether now owned or hereafter acquired and wherever located;
(b) All equipment of Debtor, whether now owned or hereafter acquired, including but not limited to all present and
future machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and equipment, shop
equipment, office and recordkeeping equipment, parts and tools, and the goods described in any equipment
schedule or list •unished to Secured Party by Debtor (but no such schedule or list need be furnished in order for
the security interest to be valid as to all of Debtor's equipment).
0 (c) All farm products of Debtor, whether now owned or hereafter acquired, including but not limited to (1) all poultry
and livestock and their young, products thereof and produce thereof, (ii) all crops, whether annual of perennial,
and the products thereof, and (iii) all feed, seed, fertilizer, medicines and other supplies used or produced by
Debtor in farming operations, (iv) any crop insurance payments and any government farm support payments,
inc /uding any diversion or deficiency payments. The real estate concerned with the above described crops growing
or to be grown is:
and to name of the record owner is:
UCC DESCRIPTION
(d) Each and every right of Debtor to the payment of money, whether such right to payment now exists or hereafter
arises, whether such right to payment arises out of a sale, lease or other disposition of goods or other property
by Debtor, out of a rendering of services by Debtor, out of a loan by Debtor, out of the overpayment of taxes or
other liabilities of Debtor, or otherwise arises under any contract or agreement, whether such right to payment is
or is not already earned by performance, and howsoever such right to payment may be evidenced, together with
all other rights and interests (including all liens and security interests) which Debtor may at any time have by law
or agreement against any account debtor of other obligor obligated to make any such payment of against any of
the property of such account debtor or other obligor; all including but not limited to all present and future debt
instruments, chattel papers, loans and obligations receivable and tax refunds.
(e) All general intangibles of Debtor, whether now owned or hereafter acquired, including, but not limited to, appli-
cations for patents, patents, copyrights, trademarks, trade secrets, good will, trade names, customers lists, permits
and franchises, and the right to use Debtor's name.
Regardless of which boxes ate checked above, the Security Interest Subordination Agreement also covers:
All substitutions and replacements for and products of any of the foregoing property not constituting consumer
goods and proceeds of any and all of the foregoing property and, in the case of all tangible Collateral, together
with all accessions and, except in the case of consumer goods, together with (i) all accessories, attachments,
parts, equipment and repairs now or hereafter attached or affixed to or used in connection with any such goods,
and (ii) all warehouse receipts, bills of lading and other documents of title now or hereafter covering such goods.
EXHI IT "A"
SMALL BUSINESS ADMINISTRATION (SBA)
. 0
STANDBY AGREEMENT
To induce Northern Bank (hereinafter called "Lender") to make, and
(SBA or other Lending Institution)
inconsideration of the making by Lender of all, or any part, of the Loan (hereinafter called "Loan"), authorized to be made to
Kelly Ryan Equipment Company
(hereinafter called "Borrower ", by Authorization of SBA dated March S , 19 87 , and any and all
amendments in loan conditions, heretofore and hereafter made (which Authorization and amendments are hereinafter
collectively called "Authorization ").
Borrower, CITY OF BLAIR
(Name of Standby Creditor)
(hereinafter called "Standby Creditor ") and each endorser, grantor and surety with respect to the Claim (as "Claim"
is hereinafter defined) who is a party hereto (hereinafter called "Secondary Obligors "), hereby severally represent,
warrant and covenant to and with each other, and to and with the Lender its successors and assigns, as follows:
Five Hundrreds
1. There is owing by Borrower to Standby Creditor the amount of Dollars ($ 500, 000.00 )
04; ,nt1itkest..• with interest at the rate of S percent per annum from May_ 2, ,1986* (which amounts and all
interest, if any, now and hereafter owing thereon, are in this Agreement collectively called "Claim "). The Claim is not evidenced
by any promisory note, bond or other written obligation of any kind whatever except, promissory note dated
1pai 2, 1386
A true and correct copy of each such note, bond or other written obligation (if any) is annexed hereto and made a
part hereof. The name of each endorser, guarantor and surety (if any), liable upon the Claim, or any part thereof, is
as follows: Kelly Ryan Equipment Company,
H. Wayne Smith, Kelly P. Ryan
2. Without the prior written consent of Lender, Stanby Creditor and the Secondary Obligors will take no action
(a) to assert, collect or enforce all, or any part of, the Claim, except amounts which Standby Creditor is permitted to
receive and retain pursuant to the Authorization; or (b) to realize upon any collateral for the Claim, except collateral
specified in, and permitted to be realized upon by, the Authorization, and except collateral given prior to the date of
Borrower's application for the Loan, provided that no action shall be taken to realize on any collateral, the lien on
which Standby Creditor is required by the Authorization to subordinate to the lien of the mortgage securing the Note
of Borrower (hereinafter called "Note ") executed pursuant to the Authorization.
3. Standby Creditor and the Secondary Obligors will promptly pay to the holder of the Note (unless the Authori-
zation provides otherwise) all amounts which may be received by them or any of them on account of the Claim, except
that there need not be paid to such holder any proceeds of collateral realization upon which is permitted by the
preceding Section 2(b) hereof, or such amounts, if any, as Standby Creditor may be entitled to receive and retain
pursuant to the Authorization, or such amounts, if any,.as shall be paid to Standby Creditor on account of the Claim
by the Secondary Obligors, or any of them, who have executed this Standby Agreement.
4. Borrower will not (unless the Authorization provides otherwise) pay the amount of, or any amount on account
of, or give any collateral, as security for, the Claim, to Standby Creditor, or to the Secondary Obligors, or any of them,
except the proceeds of the collateral, if any, relaization upon which is permitted by the preceding Section 2(b) hereof
and except such amounts, if any, as the Authorization may permit Borrower to pay to Standby Creditor.
5. Standby Creditor and the Secondary Obligors shall forthwith release and deliver to Borrower all collateral *
upon which realization is not permitted by the preceding Section 2(b) hereof, 1 1.21 L., ,.... L,
-L „ 4 per L,.
..l, ... r..,,........_, * which is in their possession or control, and **
6. This Standby Agreement and all obligations hereunder or with respect hereto, of Borrower, Standby Creditor,
and the Secondary Obligors, shall continue in full force and effect until payment in full of the indebtedness evidence
by the Note, notwithstanding any action which Lender, or Borrower, or others, with the consent of Lender, may take
*Strike out whichever words pertaining to interest are inapplicable.
SBA FORM 155 (1 -86) REF: SOP 5010 USE 8 -79 EDITION UNTIL EXHAUSTED.
EXHIBIT B
or refrain from taking with respect ''"?;uch indebtedness, or the Note, or any ;"; teral or. subcollateral therefor, or •
any agreements (including guaranties, ^executed in connection therewith, or any::..1lateral given to secure the perfor-
mance of any such agreement or agreements. Standby Creditor and the Secondary Obligors hereby grant to Lender
full power, in its uncontrolled discretion,orut without notice to Standby Creditor Secondary Obligors, to deal in
any manner with the indebtedness eivdence by the Note and the collateral therefor, " ncluding, but without limiting
the generality of the foregoing, the following powers: but without notice to
(a) To modify or otherwise change any terms of all or any part of the Loan or the rate of interest thereon (but
not to increase the principal amount of the Note, except as provided therein), to grant any extension or renewal
thereof and other indulgence with respect thereto, and to effect any release, compromise or settlement with
respect thereto.
(b) To enter into any agreement of forbearance with respect to all or any part of the indebtedness evidence by
the Note, or with respect to all or any part of the collateral securing the Note, and to change the terms of
any such agreement.
(c) To forbear from calling for additional collateral to secure the Note or to secure any obligation comprised in
the collateral securing the Note.
(d) To consent to the substitution, exchange, or release of all or any part of the collateral securing the Note,
whether or not the collateral, if any, received by Lender upon any such substitution, exchange, or release
shall be of the same or of a different character or value than the collateral surrender by Lender..
(e) To forbear from realizing on any or all of the collateral securing the Note as in its uncontrolled discretion
Lender may deem proper.
The obligations of Standby Creditor and the Secondary Obligors hereunder shall not be released, discharged, or
in any way affected, nor shall Standby Creditor or the Secondary Obligors have any rights or recourse against Lender
by reason of any action Lender may take or omit to take under the foregoing powers.
7. The failure of any party, whether or not named or otherwise referred to as a party hereto, to sign or become
obligated under this Standby Agreement, shall not release or affect the liability of any party signatory hereto.
This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Dated this 3o T /-'l day of A P 'QI L. ,19 87
By:
Secretary
Signed and sealed in the presence
a
Witness
/1c/1- eo.., 5i -
Address (include ZIP Code)
'.RA FORM 155 ‘1418t
(2) CITY OF BLAIR
Standby
X /�`G
(3) J 1/
/H��Wayyne Smitlh
X /I .yf Q: G f kt,r-
/ Gu ntors, Br)dorsers`, Sureties
Kelly Ry
NOTE -- This Standby Agreement (a) should be executed, and witnessed or acknowledged, all in a manner satisfactory
to Lender's counsel; and (b) may contain such further provisions as the Lender deems advisable or necessary.
GPO 922-029
A,-
• t
Page 4
(e) Distributions and Compensation. - Borrower will not, without the prior written consent of Lender or SBA (a) if
Borrower is a corporation, declare or pay any dividend or make any distribution upon its capital stock, or purchase
or retire any of its capital stock, or consolidate, or merge with any other company, or give any preferential treatment,
make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to any company directly or
indirectly controlling or affiliated with or controlled by Borrower, or any other company, or to any officer, director
or employee of Borrower, or of any such company, (b) if Borrower is a partnership or individual, make any
distribution of assets of the business of Borrower, other than reasonable compensation for services, or give any
preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to any
partner or any of its employees, or to any company directly or indirectly controlling or affiliated with or controlled
by Borrower, or any other company.
(f) Other Provisions:
1. While the outstanding principal balance of the Loan is $200,000 or more, an audited
annual financial statement prepared by an independent public accountant will be
submitted within 60 days of the close of Borrower's fiscal year.
2. Standby Agreement on SBA Form 155 of the City of Blair covering the total amount of
Borrower's indebtedness to it in the amount of $500,000 and all accrued and future
interest thereon, with the provision that interest at the rate of five percent
(5 %) per'annum may be paid in September, 1988, and quarteTiy and with
the further provision that after September, 1988, Lender g authorize .principal
payments quarterly on the basis. of a five year amortization if net profit for the
quarter equals the. principal payments due on said note, and all other notes and
mortgages of Borrower, said profits to be computed after depreciaticu'and" taxes
in accordance with generally accepted accounting principles.
3. Lender will obtain executed Standby Agreements covering all notes payable -
stockholders, stated to be in a total amount of $67,290 as of Deceaber 31, 1986.
4. Borrower agrees to purchase insurance under the National Flood Insurance Act (NFIA)
in amounts and coverages satisfactory to SBA if, at the. time of approval of the
Loan, Borrower's community is designated as a flood prone area"AND "the''IA map'
t4
shows that the Borrower's property is located within a special flood hazard area,
including an area of mudslides and flood related erosions AND insurance'can be '
purchased under the NFIA.
*(Continued Below) *
5. Parties Affected. - This Agreement shall be binding upon Borrower and Borrower's successors and assigns. No provision
stated herein shall be waived without the prior written consent of SBA. The Loan shall be administered as provided in
the Guaranty Agreement.
*5. If Lender elects to sell' or transfer the guaranteed portion of the Loan Lender
shall give SBA written notice thereof.
ev l
Edward Money
EXHIBIT C
conditions imposed herein:
KELLY RYAN EMENT
BY:
SECRETARY
Charles L. Rparhat
ACTING ADMINISTRATOR
Clii'ef, 'Financing Division March 5, 1987
PRESIDENT
NIR1:! opik ant" aftwoorzerute AtIlls•rma ism. us • ...gnome name. by duly math. ansed newer, and +•d w he affixed :And May rtianam gemar..h a{ hi' M* tatty
rx..'w • in firm name. Iu m tlr•t with w,{;nrutn• .d a general panne,. SIIA Fume
r - o • eee
4
Nort Bank
(Lender)
31st & Ames Avenue
(Address, include ZIP Code)
U.S. SMALL BUSINESS ADMINISTRATION
11145 Mill Valley Roar.
Omaha, Nebraska 68154
(Address)
AUTHORIZATION AND LOAN AGREEMENT
(GUARANTY LOANS)
Omaha, Nebraska 68111
Your request dated FPhrn ary 1 7 , 1 ■48 7 for SBA to Guarantee
of a Loan in the amount of $ 588. 000.00
Kelly Ryan Equipment Companv
O— Approval No. 3245-0201
Exp. Date: 12 -31-$7
LOAN NUMBER
GP- 286,624- 3Q -01—OM
85
to be made by Lender to
(Name and Address of Borrower)
929 Washington Street, Blair, Nebraska 68008
is hereby approved pursuant to Section 7 (a) of the Small Business Act as amended.
1. The following forms are herewith enclosed:
(a) Three copies of SBA Note, one to be executed by the Borrower, the other two to be conformed. The original executed
copy must be retained by you and one conformed copy must be sent to SBA immediately after first disbursement.
together with a guaranty fee of 2% of the amount guaranteed. This fee shall be paid by Lender within 90 days of
the date of this authorization and Lender may charge the Borrower for such fee.
(b) Copies of the SBA Settlement Sheet, Form 1050 are to be completed and executed by Lender and Borrower to reflect
each disbursement. Prompt reporting of disbursements is necessary. Return the first two copies ("Denver FOD"
copy and "Servicing Office" copy) to SBA.
(c) Compensation Agreements, (Form 159) shall be executed by Borrower, his representative and Lender and returned to
SBA if Borrower has employed an attorney, accountant or other representative, or if Borrower is charged fees for
services by Lender or an associate of Lender. If no such fees have been charged, please write "None" and return
the form, executed by the Lender, to SBA.
(d) The original copy of this Authorization (and documents itemized below if any) shall be executed prior to first
disbursement and retained in loan file by the Lender. (A copy of the Authorization and all documents should be
given to the Borrower.)
SBA FORM 5298 (1 -86) REF: SOP 70 50 PREVIOUS EDITIONS ARE OBSOLETE
SBA FORM 529B (1 -86)
Page 2 -
2. This Authorization is subject to:
(a) Provisions of the Guaranty Agreement between Lender and SBA, dated January 8
(b) First disbursement of the Loan being made not later than 3 months, and no disbursement being made later
than 6 months, from the date of this Authorization, unless such time is extended pursuant to prior written
consent by SBA.
(c) Receipt by lender of evidence satisfactory to it in its sole discretion, that there has been no unremedied adverse
change since the date of the Application, or since any of the preceding disbursements, in the financial or any other
condition of Borrower, which would warrant withholding or not making any such disbursement or any further
disbursement.
(d) The sepresentationsmade.hy.Borrower in its loan application; the requirements Or conditions set forth in Lender's
application form;.including the supporting documents thereto; the conditions set forth herein and any future
conditions imposed by lender (with prior SBA approval).
3. Terms Of Loan: " ` •
(a) Repayment term, interest rate(s), and maturity.
1985.
1. Not .payah1 tear. (101_ years from date. •of'•Note; With interest at the rate �f ten
and. ione- quarter. percent:'(3.0- ./4%) • per annum; a nd• including principal
and. interest, each in the amount' of $7,8 'pa yable mont y beginning one (1)
month ( from :date: of Note, afld the balance bf 'princ and -- interest payable at
maturity; with • the= father provision that each - said ' installment shall be applied
first to interest accrued to the date of receipt of said installment, and the
balance, if any to the principal.
2. Undersigned agrees that the rate of interest herein may increase or decrease
beginning on the first business day of each. calendar quarter following disbursement
at the rate of two and three - quarters (2 -3/4) percentage points per annum over the
low New York Prime rate, as published in the Wall Street Journal. The adjustments
shall maintain a constant spread between the two interest rates throughout the life
of the Note. Holder shall give written notice to Undersigned of each increase or
decrease in interest rate within thirty (30) days after the effective date of
each rate adjustment; however, the fluctuation of the interest rate is not contingent
on whether the notice is given.
*(Continued on Attached Page 5)*
(b) Use of proceeds of loan as follows: (Show specific uses for which loan is authorized.)
1. Approximately $200,000.00 to purchase inventory.
2. Approximately $200,000.00 to apply on existing accounts payable.
3. Approximately $188,000.00 for working capital to be disbursed in increments as
deemed necessary by Lender.
. . . or interim financing from Lender used for the above purposes.
•
Page 3
(c) Collateral:
1. Deed of Trust on improved residential real estate located in Washington County,
Nebraska, subject only to a lien not in excess.of $225,000 held by Washington
County Bank.*
2. Deed of Trust on improved commercial real estate located in Washington County,
Nebraska, subject only to a lien not in excess of $675,000 held by Washington
County Bank,*
*If any prior lien it secured by a Deed of Trust, then a request for notice of
default shall be filed with. the Register. of Deeds in the county where the real
estate is situated, pursuant to Section 76-.1008 Neb. Rev. Stat. Evidence shall
be presented that prior liens are not open end, or agreement shall be obtained
from prior lienholders that no future advances will be made during the term of
this Loan without prior consent of SBA.
3. First Deed of Trust on real estate known as the "river plant," located in Blair,
Nebraska. (Legal description in loan case file.)
4. First security 1 interest in all machinexy: eg4pment , (including. automotive: equip-
merit) furniture., fixtures, inventory., accounts, contract rights,..chattellpaper,
all „ tangible and inta ....
r�gible persor}a]r d: .property, • whether now owned or after - acquired,
all other' licenses•. and . pezmits o y ned by and all proceeds €tun -::
provided, howeirer, that this security..interest . **.(_Continued. Below) * *.. >:.
4. To further induce Lender to make and SBA to guarantee this Loan, Lender and SBA impose the following conditions:
(a) Execution of all documents required in Item 1 above.
(b) Reimbursable Expenses. - Borrower will, on demand, reimburse Lender for any and.all expenses incurred, or which
may be hereafter incurred, by Lender from time to.time in connection with or by reason of Borrower's application
for, and the making and administration of the_ Loan. . .
(c) Books, Records, arid Reports. - Borrower will at all times keep proper books of account in a manner satisfactory
to Lender and/or SBA. Borrower hereby authorizes Lender or SBA to make or cause toile made, at Borrower's
expense and in such manner and at such times as Lender or SBA may require, (a) inspections and audits of any
books, records and papers in the custody or control of Borrower or others, relating to Borrower's financial or
business conditions, including the making of copies thereof and extracts therefrom, and (b) inspections and
appraisals of any of Borrower's assets. Borrower will furnish to Lender and SBA for the twelve (12 )nonth period
ending 4-30 -87 and monthly thereafter (no later than 2 months following the expiration of any such
period) and at such other times and in such form as Lender may prescribe, Borrower's financial and operating
statements. Borrower hereby authorizes all Federal, State and.municipalauthoritiesto furnish reports of examina-
tions. records, and other information relating to the conditions and affairs of Borrower and any desired information
from reports, returns, files, and records of such authorities upon request therefor by Lender or SBA:
Annual financial statements ar to be s tted t L and SBA.
(d) Borrower shall not execute any contracts fo management consulting ser s Vit out prior approval of Lender and
SBA.
* *in all assets shall be subordinate to a security interest in favor of Washington
County Bank not to exceed $675,QQ0 Evidence shall be obtained from prior security
interest holder that no future advances will be made to the Borrower without the
prior consent of SBA.
SBA FORM 5298 11 -86)
** *(.Continued on Attached Page 5) * **
Page 4
Borrower he- agrees to the
(SEAL) ATTE _
BY
eonower
SECRETARY
(e) Distributions and Compensation. - Borrower will not, without the prior written consent of Lender or SBA (a) if
Borrower is a corporation, declare or pay any dividend or make any distribution upon its capital stock, or purchase
or retire any of its capital stock, or consolidate, or merge with any other company, or give any preferential treatment,
make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to any company directly or
indirectly controlling or affiliated with or controlled by Borrower, or any other company, or to any officer, director
or employee of Borrower, or of any such company, (b) if Borrower is a partnership or individual, make any
distribution of assets of the business of Borrower, other than reasonable compensation for services, or give any
preferential treatment, make any advance, directly or indirectly, by way of loan, gift, bonus, or otherwise, to any
partner or any of its employees, or to any company directly or indirectly controlling or affiliated with or controlled
by Borrower, or any other company.
(f) Other Provisions:
1. While the outstanding principal balance of the is $200,000 or more, an audited
annual financial statement prepared by an independent public accountant will be
submitted within 60 days of the close of Borrower's fiscal year.
2. Standby Agreement on SBA Form 155 of the City of Blair covering the total amount of
Borrower's indebtedness to it in the amount of $500,000 and all accrued and future
interest thereon, with the provision that interest at the rate of five percent
(5%) per annum may be paid in September, 1988, and quarterly thereafter, and with
the further provision that after September, 1988, Lender may authorize -principal
payments quarterly on the basis of a five year amortization. if net profit for the
quarter equals the principal payments due on said note, and all other notes and
mortgages of Borrower, said profits to be computed after depreciation nd`taxes
in accordance with. generally accepted accounting principles.
3. Lender will obtain executed Standby Agreements covering all notes payable -
stockholders, stated to be in a total amount of $67,290 as of December 31, 1986.
4. Borrower agrees to purchase insurance under the National Flood Insurance Act (NFIA)
in amounts and coverages satisfactory to SBA if, at the time of approval of the
Loan, Borrower's community is designated as a flood prone area"AND'the''NFIA'map
shows that the Borrower's property is located within a special flood hazard area,
including an area of mudslides and flood related erosions AND insurance`can'be
purchased under the NFIA.
*(Continued Below) *
5. Parties Affected. - This Agreement shall be binding upon Borrower and Borrower's successors and assigns, No provision
stated herein shall be waived without the prior written consent of SBA. The Loan shall be administered as provided in
the Guaranty Agreement.
*5. If Lender elects to sell or transfer the guaranteed portion of the Loan, Lender
shall give SBA written notice thereof.
Charles j,_ Heathe_riy
ACTING ADMINISTRATOR
..:s , �� Chief , Financing Division March 5, 1987
1. Edward Mooney , �G ce ded by Northern Bank letter dated
SBA on 4/6/87,
SBA on 4 0 87 1 No Je tt da
h er ] . /87b ,r ted y a• A,1 1 ' on 4 j 6 £ 7 an Norte 87 B
Lette :. 4 / g 4 2
di ns imposed :proved b
� KELLY RYAN E•._ MENT ¢ `and b sepaz a letter fran
SBA dated 4/2
Datf
Ay vizi ? PRESIDENT
NI YrE: ( 'urporate applicants matt execute Authorization. M corporate name,hy duly out lwriz, d officer. and wyJ nand be affixed and duly attested; partnership apptie :utts intuit
execute to firm name, together with %igualun• of a general l partner. SBA Form
SBA FORM 529B (1-86)
GPO 921 -491
KELLY RYAN EQUIPMENT COMPANY
AUTHORIZATION AND LOAN AGREEMENT
REPAYMENT PROVISIONS (Continued)
Page 5
If the Undersigned shall be in default in payment due on the indebtedness herein
and SBA purchases its guaranteed portion of said indebtedness, the rate of interest
on both the guaranteed and unguaranteed portions herein shall become fixed at the
rate in effect as of the date of default. If the Undersigned shall not be in
default in payment when SBA purchases the guaranteed portion, the rate of interest
on both the guaranteed and unguaranteed portion herein shall be fixed at the rate
in effect as of the date of purchase by SBA.
Undersigned further agrees that the monthly payments will be adjusted upward or
downward to correspond with the interest rate adjustments so that payments will
always be sufficient to fully amortize the then unpaid balance of the Loan within
the term specified above.
3. Borrower shall provide Lender with written notice of intent to prepay part or all
of the. Loan at least three (3) weeks prior to the anticipated prepayment date.
A prepayment shall be defined as any payment-made ahead of schedule that exceeds
twenty (20) percent of the then outstanding principal balance. If Borrower makes
a prepayment and fails to give at least three (3) weeks advance notice of intent
to prepay, then, notwithstanding any other provision to the contrary in this Note
or other document, Borrower shall be required to pay Lender three (3) weeks
interest on the unpaid principal as of the date of such prepayment.
COLLATERAL PROVISIONS (Continued)
5. Pledge of all shares of stock in Borrower owned by Kelly P. Ryan, with voting
rights; said stock to be delivered signed, or delivered with signed power of
attorney.
6. Guaranty on SBA Form 148 by Wayne H. Smith.
7. Guaranty on SBA Form 148 by James P. Ryan.
8. Guaranty on SBA Form 148 by Kelly P. Ryan to be limited to $522,000, including
principal and interest.
9. Assignment, in a manner satisfactory to Lender and SBA, of a land contract
covering Borrower's interests in an to the land and building(s) located in the
City of .Blair, subject to a contract balance of approximately $60,000.
10. Prior to first disbursement, Lender to be in receipt of an attorney's title opinion
or title insurance establishing ownership and showing Lender's required lien
position as being of record as to the real estate securing this Loan, as per
paragraph(s) 3 (c)1,.3(c)2, and 3(c)3 herein. If this cannot be done prior to first
disbursement, it must be done immediately after first disbursement and lien position
must be as per paragraphs) 3(c)1, 3(c)2 and 3(c)3 herein.
11. Prior to first disbursement, Lender to be in receipt of a chattel search showing
Lender's required lien position as being of record as to the
personal
securing this Loan as per paragraph(s) 3(c)4 herein. If this cannot be
to first disbursement, it must be done immediately after first disbursement, pr
lien position must be as per paragraph(s) 3(c)4 herein.
-over-
KELLY RYAN EQUIPMENT COMPANY
AUTHORIZATION AND LOAN AGREEMENT
COLLATERAL PROVISIONS (Continued)
Page 6
12. All collateral will be fully insured and Lender will be named as mortgagee loss payee.
BRENDA L. LAWSON
VICE PRESIDENT
April 13, 1987
U. S. Small Business Administration
Mr. Bill Bossert
11145 Mill Valley Road
Omaha NE 68154
Dear Bill:
The purpose of this letter is to ask for SBA's approval to amend an
item as outlined on the Authorization and Loan Agreement dated March
5, 1987. With regards to the Assignment of Land Contract, please
acknowledge and approve the fact the Assignment of the contract by
Northern Bank will be in third position. The contract is presently
subject to sellers rights and a mortgage for $675,000 filed by Wash-
ington County Bank.
If you have any questions, please do not hesitate to .-ontact me.
Sincerely,
Brenda L. Lawson
3LL /njc
ra
NORTHERN BANK
U.S. SMALL BUSINESS ADMINISTRA_ =ON Action No. (1)
We concur 4ith the above request.
W. C. Bossert, Loan Officer date
Approved:
Edward Mooney, Chief, Finance Division date
31st and Ames • Omaha. Nebraska 68111 • Telephone 1402) 451 -5100
■
BRENDA L. LAWSON
VICE PRESIDENT
August 17, 1987
Mr. Don Siner
U.S. Small Business Administration
11145 Mill Valley Road
Qnaha, NE 68154
Re: Kelly Ryan Equipment Company
GP- 286,624- 30 -01-CI
Dear Don:
NORTHERN BANK
•
Per our phone conversation, enclosed please find a copy of the final title
policy issued on Kelly Ryan Equipment Company's above - ;mentioned loan. As
we discussed, all real estate taxes were paid current through closing with
exception of the land contract property on which the office is located
(see Title Policy, Exhibit "three ", Page four). Jim Ryan will pay these
taxes current and produce a copy of his receipt to the bank. Once I
receive this receipt, a copy will be forwarded to your office.
With regards to the special assessments noted on Exhibit "three ", Page
five, Kelly Ryan Equipment Company and Northern Bank make the following
comments and request:
1. These assessment s pertain to a 100 -acre tract of property located
within the city of Blair which was formerly owned by the Greater
Blair Corporation. •
2. In the early 1970's, the city improved thi, property by putting
in sewer and water mains, electricity and paved streets. The
property was zoned for industrial use at that time
3. It was the intention of Kelly Ryan, in early 1973, to build a new
plant on this location. Due to the turn in the economy, the
plant was never built.
4. At present, the tract is being used as farm ground only.
5. The industrial development tract has never been realized in that
no industry is operating at this location.
31st and Ames • Omaha. Nebraska 68111 • Telephone (O2 451 - 5100
•
1
•
•
Mr. Don Siner
August 17, 1987
Page 2
6. Fording to Rich Hansen of Hansen Agency, Pamir, Nebraska, the
current use appraisal approach for the property would be as
follows:
65 acres tillable farmland @ $850- $900 /ac = $54,000
5 acres wasteland ooverd by large Oaks • = $ 1,250
35 acres wasteland due to streets, flooding = $ 8,750
Total Value = $64,000
Basically, as you are aware, this real estate is considered as secondary
collateral for the SBA loan. In addition, Washington County Bank has a
first position on this property. Based on the best use valuation of the
property at $64,000 and considering that delinquent principal and interest
payments on the assessment through April 10, 1987 total $69,227.72, Relly
Ryan Equipment Company and Northern Bank would like to have SBA waive any
requirements to pay these assessments at this time. At present it would
be very questionable whether the property has any value above and beyond
the value of these assessments.
If you concur with our request, please acknowledge the enclosed copy of
this letter and return it for our file.
Sincerely,
sio
Brenda L. on
Enclosures
Francis
ti.,
0••••••
FF-Fic = !:,
Acts« ire.
5
8/19/87
— Bachmann, "Acting - Mier . &f i ,mo
COUNCILMEMBER Revzlik INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -11
WHEREAS, the Blair Volunteer Fire Department has
requested authorization of a one day beer and wine license for
the following described real estate, to -wit:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 56 IN
THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON
COUNTY, NEBRASKA; THENCE SOUTH ALONG THE WEST
LINE OF BLOCK 56 A DISTANCE OF 64.00 FEET;
THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
BLOCK 56 A DISTANCE OF 144.00 FEET TO THE EAST
LINE OF LOT 10 IN SAID BLOCK 56; THENCE NORTH
ALONG SAID EAST LINE A DISTANCE OF 64.00 FEET TO
THE NORTH LINE OF SAID BLOCK 56; THENCE EAST TO
THE NORTHEAST CORNER OF BLOCK 56; THENCE NORTH
TO THE SOUTHEAST CORNER OF BLOCK 47 IN SAID
ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, THENCE WEST TO THE SOUTHWEST CORNER OF
SAID BLOCK 47; THENCE SOUTH TO THE POINT OF
BEGINNING; and,
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, may by resolution authorize such sale and
consumption of alcoholic beverages for a one day event sponsored
by the Blair Volunteer Fire Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the Blair Volunteer
Fire Department is hereby authorized and approval is hereby given
for a one day beer and wine permit for June 27, 1987, for the
sale and consumption of such alcoholic beverages only on the
following described real estate, to -wit:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 56 IN
THE ORIGINAL TOWNSITE OF BLAIR, WASHINGTON
COUNTY, NEBRASKA; THENCE SOUTH ALONG THE WEST
LINE OF BLOCK 56 A DISTANCE OF 64.00 FEET;
THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
BLOCK 56 A DISTANCE OF 144.00 FEET TO THE EAST
LINE OF LOT 10 IN SAID BLOCK 56; THENCE NORTH
ALONG SAID EAST LINE A DISTANCE OF 64.00 FEET TO
THE NORTH LINE OF SAID BLOCK 56; THENCE EAST TO
ATTEST:
THE NORTHEAST CORNER OF BLOCK 56; THENCE NORTH
TO THE SOUTHEAST CORNER OF BLOCK 47 IN SAID
ORIGINAL TOWNSITE OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, THENCE WEST TO THE SOUTHWEST CORNER OF
SAID BLOCK 47; THENCE SOUTH TO THE POINT OF
BEGINNING.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Jenny . UPON ROLL CALL, COUNCILMEMBERS
Revzlik, Long, Jenny. Vinton, Kuhr. Kubie and Kros
VOTING "AYE" AND COUNCILMEMBERS Nnne ,
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 12th DAY OF MAY, 1987.
CITY OF BLAIR, NEBRASKA
BY
M. TANLEY JENN . /MAYOR
VERNA R.
Z:---.44.44A2 L, CITY C ERK
(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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 12th day of May, 1987.
/ fA", 11--
VERNA R. BULL, CITY CLERK
COUNCILMEMBER
JENNY
INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 12
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA that the application to the State of Nebraska,
Department of Economic Development for the rehabilitation of
substandard housing and street construction in the amount of
$262,750.00 shall be and the same is hereby approved for
submission to the Department of Economic Development for
approval.
BE IT FURTJ±i R RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the
municipality and submit the application for approval.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
__tan . UPON ROLL CALL, COUNCILMEMBERS
Jenny, Kuhr, R,yari,1ros, l- eyzlik, Kubie, Long and Vinton.
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING ffl U1,UTION PASSED
AND ADOPTED THIS 26th DAY OF MAY, 1987.
CITY OF BLAIR, NEBRASKA
TANLEY JEIF 31EA(7"''AY°R
(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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 26th day of May, 1987.
BULL, TY
CLERK A R. BU , RK
s r
COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION
RESOLUTION NO. 1987- 13
WHEREAS, Section 5 - 404 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
prohibit or regulate parking on designated streets or parts of
streets; and,
WHEREAS, the Blair Community Schools have requested a
designation of a bus loading zone at South School.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the area beginning
at the intersection of the West Right of Way of Sixteenth Street
and the North Right of way of Butler Street and assuming the
North Right of Way of Butler Street to bear due East and West,
thence West 200.00 feet; thence South 18.00 feet; thence East
200.00 feet; thence North 18.00 feet to the point of beginning,
shall be designated as a school bus loading zone and parking of
school buses for the purposes of loading and unloading school
children only shall be permitted from the hours of 8:00 o'clock
A.M. to 9:00 o'clock A.M. and from 2:30 o'clock P.M. to 3:30
o'clock P.M. on regular school days during which children are in
attendance at, the school adjacent to the areas designated
hereinabove. The Street Department of the City of Blair and the
Police Department of the City of Blair are hereby authorized and
directed to place school bus loading signs reflecting the school
bus loading zone area as established hereby at necessary
intervals along the area established hereby and that following
the passage and publication of this resolution it shall be
unlawful for any person to fail, neglect, or refuse to comply
with said regulation.
COUNCILME MBE R Reyzlik MOVED THE THE RESOLUTION BE
ADOPTED AS READ, Whluti SAID 1'1U'T_LU1V WAS SECONDED BY COUNCILMEMBER
Long . UPON ROLL CALL, COUNCILMEMBERS
Run, e zlik Lona Kim;_, Vinton, Kt�har. Kubie and Jenny
VOTING "AYE'S
VOTING Al COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING ttEduLUTlON PASSED
AND APPROVED THIS 26th DAY OF MAY, 1987.
ATTEST:
VERNA R. BULL, ITY ERK
(SEAL)
STATE OF NEBRASKA
WASHINGTON COUNTY
)88
CITY OF BLAIR, NEBRASKA
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 26th day of May, 1987.
4= ez,(
VERNA R. BULL, CITY CLERK
yYOR
THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY
OF THE CITY OF BLAIR, NEBRASKA
RESOLUTION NO. 1987- 14
A RESOLUTION DECLARING THE INTENTION OF THE
HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE
CITY OF BLAIR, NEBRASKA, TO ISSUE TAXABLE TAX
INCREMENT REVENUE BONDS IN AN AMOUNT PRESENTLY
ESTIMATED NOT TO EXCEED $6,000,000.00 FOR THE
ACQUISITION OF CERTAIN LAND TO BE USED AS THE
SITE FOR AN INDUSTRIAL PARK AND THE IMPROVEMENT
THEREOF.
WHEREAS, the Housing and Community Develeopment Agency
of the City of Blair, Nebraska, (the "Agency "), a body politic
and corporate duly organized and existing as an agency of the
City of Blair under the laws of the State of Nebraska, is
authorized and empowered by the provisions of the Nebraska
Community Development Act, Chapter 18, Article 21, eb a k a
R Statutes 1943, as amended (the "Act "), acquire,
whether by construction, purchase, devise, gift or lease, or any
one or more of such methods, one or more Redevelopment
Projects ", as that term is defined in the Act, and to issue
taxable tax increment bonds for the purpose of paying the cost of
acquiring, installing or improving a project; and
WHEREAS, the Agency wishes to undertake the development
of an industrial park project as that term is defined mendeection
103(b)(5) of the Internal Revenue Code of 1954,
the purposes of promoting the public welfare of the citizens of
the City of Blair (the "City "), alleviating and preventing
conditions of unemployment, halting declines in property values
and, inter alia, promoting economic growth in the City; and
WHEREAS, the Agency wishes to declare its intention to
roceed with the issuance of taxable tax increment revenue bonds
(the "Bonds ") of the Agency for the purpose of providing the
financing for the acquisition of certain land and the improvement
thereof, including, but not limited to, grading, drainage
improvements and subsurface pilings and for the paving of streets
and providing water and sewer service, constituting a
"Redevelopment Project," as that term is defined in the Act (the
"Blair Industrial Park Project "), a portion thereof to be sold
Circle Energies Corporation (the "Company ") to be used as the
site for an ethanol plant; and
NOW, 'THEREFORE, be it resolved by the, Agency, that it
does hereby declare its intention to proceed with the issuance of
taxable tax increment revenue bonds of the Agency under and in
accordance with the applicable statutes of the State of Nebraska,
and particularly the Act, in such amount, but not to exceed
$6,000,000.00 and upon such terms and conditions as may be agreed
upon by the Agency, the Company and the purchasers of the bonds,
for the purpose of providing all of the cost of acquiring and
improving the Blair Industrial Park Project to be located within
the City of Blair, Nebraska, and a portion thereof to be sold to
the Company, the issuance of the Bonds to be authorized by a
Resolution of the Agency at a meeting to be held for such
purpose, and upon the receipt of the approval of the City
Attorney and delivery at the closing of such bonds of an
approving legal opinion of Kutak, Rock, & Campbell of Omaha,
Nebraska,* as bond counsel.
(SEAL)
ATTEST:
BY Z22160
CITY CLgRk
Passed and approved this 26th day of May, 1987.
THE HOUSING AND COMMUNITY
DEVELOPMENT AGENCY OF THE CITY
OF BLAIR, NEBRASKA
l
A regular meeting of the Housing and Community
Development Agency of the City of Blair was held at Blair,
Nebraska, at 7:30 P.M. on May 26, 1987.
The Housing and Community Development Director presided
and the City Clerk recorded the proceedings.
On roll call, the following were present: Mayor Jensen:
Councilmembers: Jenny, Kros. Kubie. Kuhr. lona, RPy71ik_ Ryan And Vinton
follows:
Absent: None
May 26, 1987
Agency Member Ryan introduced a Resolution
superceding Resolution No. 1985 -23, dated July 9, 1985, and
Resolution No. 1986 -27, entitled "A RESOLUTION DECLARING THE
INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY OF THE
CITY OF BLAIR, NEBRASKA, TO ISSUE TAXABLE TAX INCREMENT REVENUE
BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED
$6,000,000.00 FOR THE ACQUISITION OF CERTAIN LAND TO BE USED AS
THE SITE FOR AN INDUSTRIAL PARK AND IMPROVEMENT THEREOF" and
moved that said Resolution be designated as Resolution No. 1987-
14 ; that the title be approved; and that the same be adopted.
Said Resolution was fully and distinctly read, and the
Director stated that the question is: "Shall Resolution No.
1987- 14 be passed and adopted ?" The Yeas and Nays were
called, and the following voted "Yea ":
Ryan. Kuhr, Reyzlik, Kros, Kubie, Jenny, Lonq and Vinton
The following voted "Nay" or were absent or did not vote:
NnnP
The passage and adoption of said Resolution having been concurred
in by a majority of all members appointed to the Housing and
Community Development Agency, said Resolution was declared by the
Director to be passed and adopted and the Director signed and
approved said Resolution, and the Clerk attested the passage and
approval of the same and affixed her signature and the seal of
the City thereto.
A true and complete copy of said Resolution is as
COUNCILMEMBER
ATTEST:
(SEAL)
KUBIE
&T e 424
VERNA R. BULL, if
INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 15
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been presented with an Easement from the
City of Blair, Nebraska, to the Blair Telephone Company, which
such Easement is attached hereto, marked Exhibit "A" and by this
reference made a part hereof; and,
WHEREAS, the terms and conditions of such Easement are
acceptable to the Mayor and City Council.
NOW, TVF,REFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA THAT the terms and
conditions of the Easement attached hereto, marked Exhibit "A"
are hereby acceptable.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute said Easement entering
into it on behalf of the municipality.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan . UPON ROLL CALL, COUNCILMEMBERS
Kubie, Lana Ryan Krnc - K i . ;l and \1i ntnn
VOTING "AYE", AND COUI =MEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 26th DAY OF MAY, 1987.
CITY OF BLAIR, NEBRASKA
BY @ �,/� • / �/_ ,,
M. STANLEY JEN.y N, AJl'OR
STATE OF NEBRASKA
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City .
held on the 26th day of May, 1987.
VERNA R B L, CITY CLERK
I I I
E S MENT FOR RI HT-OF-WAY
In consideration f the sum of $1.00 (one) dollar to City of
Blair paid, the recei t of which is hereby acknowledged, City of
Blair does hereby gra t unto The Blair Telephone Company, its
successors and assign the right, privilege, authority and
easement to install, perpetually maintain and operate its buried
telephone cables, conduit, pedestals, and other necessary
appurtenances, beneath, upon, and across the following described
land which the City of Blair, Nebraska now owns, or in which it
has any interest, in the County of Washington, State of Nebraska,
to wit:
A portion of Tax Lot 60 in Section Twenty-seven (27),
Township Nineteen (19) North, Range Eleven (11) East
of the 6th P.M. pure particularly described as:
Beginning at a point on the Easterly R.O.W. of U.S.
Highway N . 75, said point being 100.00 feet
Southeaster') along said R.O.W. from the Centerline
of the Twin Concrete Box Culvert under Highway No.
75 located adjacent to the Northwest Corner of Tax
Lot 60 in Section 27, Township 19 North, Range 11
East of the 6th P.M., Washington County, Nebraska;
thence Northwesterly along said R.O.W. a distance
of 185.00 feet; thence Northeasterly at Right
angles to said R.O.W. a distance of 110.00 feet;
thence Southeasterly parallel to said R.O.W. a
distance of 75.00 feet; thence Southwesterly to the
point of begianing.
This easement includes the right of ingress to and egress
from said land at any time for the purpose of exercising any of
the rights herein granted.
The Blair Telephona Company agrees to pay for any damages to
crops Which may be susr:ained as a result of the construction and
maintenance of said telephone equipment.
ti
The Blair Telephone Company agrees to relocate its telephone
equipment at its own expense within a reasonable amount of time
after it receives written notice from the City of .Blair that said
telephone equipment needs to be relocated; provided, however, the
City of Blair shall make such requests on a reasonable basis and
only for legitimate business purposes.
The burden and benefit of this easement are intended to
attach and run with land and are in addition to and do not
supersede or terminate any prior easements of record.
Dated this J 240_ day of May 1987.
-
Witness
City of Blair, Nebraska, .
Municipal Corporation
B
STATE QF NEBRASKA }
ss•
COUNTY OF WASHINGTON )
On this ,�‘p -day of May, 1987, before me a Notary Public duly
commissioned and qualified in and for Washington County, State of
Nebraska, appeared M. Stanley Jensen, Mayor of Blair, Nebraska,
to me personally known-to be the persons aforesaid, who. hereby
acknowledge their signatures to the foregoing instrument and
acknowledge same to be their voluntary at and deed.
44e/—
otary Public
GENUALOW-Mdsofftmle
DOUGLAS E. SMOCK
My commission expires on ' c0 ""' "'
_�_.
COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 16
WHEREAS, the Veterans of Foreign Wars have requested
authorization of a one day beer only license for a one day event
to be held on June 6 th, 1987; and
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, may by resolution authorize such sale and
consumption of alcoholic beverages for a one day event sponsored
by the Veterans of Foreign Wars.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITt OF BLAIR, NEBRASKA, THAT the Veterans of
Foreign Wars are hereby authorized and approval is hereby given
for a one day beer permit for June 6th , 1987, for the sale and
consumption of beer only on the premises as shown on the
application.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kros • UPON ROLL CALL, COUNCILMEMBERS
Revd] i I , Lamy: Kr a. J�eean and Vintnn ,
VOTING 'AYE AND COUNCILMYMBERS Nnne
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 2nd DAY OF JUNE, 1987.
VERNA R. BULL, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
M. STANLEY JE N(, MAYOR
STATE OF NEBRASKA
WASHINGTON COUNTY
VERNA R. BULL, hereby certifies
appointed, qualified and acting City Clerk
Nebraska, and that the above and foregoing
at a regular meeting of the Mayor and City
held on the
L I I I I V II II
)ss
2nd day of June, 1987.
V 11 111 1 1 111 1 1
that she is the duly
of the City of Blair,
Resolution was passed
Council of said City
VERNA R. BULL, CITY CT,FRK
COUNCILMEMBER ,1 F N N y INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 17
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been presented with an Agreement for the
sale of fireworks, which such agreement is attached hereto,
marked Exhibit "A" and by this reference made a part hereof; and
WHEREAS, the terms and conditions of such Agreement are
acceptable to the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the terms and
conditions of the Agreement attached hereto, marked Exhibit "A"
are hereby acceptable and such Agreement is hereby adopted by the
City of Blair.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk of
the City of Blair, Nebraska, are hereby directed and authorized
to execute such Agreement entering into it on behalf of the
municipality.
COUNCILMEMBER Re ,yz1Tk MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kuhr . UPON ROLL CALL, COUNCILMEMBERS
Jenny, Reyzlik, Kuhr,, Long, Ryan and Kubie
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING REbuLuTlON WAS
PASSED AND APPROVED THIS 9th DAY OF MAY, 1987.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
BY
M. STANT,EY JEN5E1U. . rn0
STATE OF NEBRASKA
WASHINGTON COUNTY
)88
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 9th day of May, 1987.
VERNA R. BULL, CITY CLERK
AGRl
This Agreement made this 9th day of June
1987, by and between the City of Blair, Nebraska, hereinafter
referred to as "Blair ", and Nebraska Fireworks Co.
hereinafter referred to as "Retailer ", WITNESSETH:
WHEREAS, the Retailer is in the business of selling
fireworks on a retail basis; and
WHEREAS, the Retailer desires to lease certain real
estate from the City of Blair for the purpose of selling retail
fireworks, parking area, storage area, and other associated space
requirements with such retail fireworks operation.
NOW, THEREFORE, in consideration as set forth
hereinbelow and the mutual covenants and promises contained
herein, the parties hereby contract and agree as follows:
1. Blair hereby agrees to lease to the Retailer a
portion of Lots 1 to 23, inclusive, in Block 3, and the East one -
half of Block 3, and Lots 4 to 11, inclusive in Block 4, all in
Prairie Park Addition to the City of Blair, Nebraska, with the
specific area for such storage, parking, and retail dispensing to
be specifically designated by Blair on the above - described
premises.
2. In consideration of such lease the Retailer agrees
to pay to the City of Blair the sum of $ 6800.00 in the event
that the undersigned Retailer is the only fireworks retailer to
present a contract to the City of Blair for the lease of the
premises for the purpose of selling fireworks at retail.
3. In the event that two retailers present signed
contracts to Blair for the sale of fireworks at retail on the
premises, then and in that event each of said retailers shall pay
the sum of $ 4,000.00 to Blair for such rental.
4. In the event that three or more contracts are
presented by fireworks retailers, then and in that event the rent
to be paid by each of said retailers shall be the sum of
$ 2500.00 .
5. The Retailer shall be responsible for paying wages,
taxes, unemployment, and workmen's compensation on any
individuals employed by them to assist in the operation of such
retail fireworks stand.
6. The Retailer shall also be responsible for any and
all utility charges for connection or service used by them in the
conduct of fireworks retailing.
7. The Retailer further hereby agrees to save harmless
and indemnify Blair from and against any claims by Retailer's
employees or any other person or persons or any other entity from
and against any and all actions, causes of action, suits, debts,
dues, sums of money, accounts, judgments, damages, suits, claims,
executions, injuries, and any and all other liabilities of every
kind or nature, whether known or unknown, which result either
directly or indirectly by virtue and by reason of Retailer's use
of the premises as specified hereinabove. This save harmless and
indemnification shall also include in addition to such claims and
liabilities as specified hereinabove, all costs of defending
against such claims specifically including but not limited to
attorney fees incurred by Blair in defense of any such actions.
8. I.t is specifically understood and agreed that the
release and indemnification included herein shall be unlimited
and specifically shall not be limited to any amounts which are
covered by insurance or otherwise. In addition the Retailer
shall acquire insurance to indemnify against all of the claims
mentioned above in paragraph seven in the sum of at least
$500,000.00 and furnish certificate of indemnification thereof to
Blair.
9. The term of this lease shall be from June 9
1987, to July 5 , 1987. Any equipment or buildings placed on
the premises for the purpose of retailing fireworks by the
Retailer which are not owned by Blair shall be removed from the
premises not later than July 10 , 1987. Within ten (10) days
following the vacation of the premises or removal of the
equipment, the Retailer shall provide, in writing, to Blair the
gross dollar amount of sales at the Blair location for the term
of the contract.
10. Said rental shall be paid in full to Blair on or
before June 15th, 1987. Blair shall notify the Retailer on or
before June 9th, 1987, as to how many contracts it has received
from retailers and the amount of the rent that shall be due. It
is understood and agreed by and between the parties and it is
specifically acknowledged by the Retailer that this contract
shall be valid and binding whether this contract is the only one
submitted or whether other contracts are submitted pursuant to
the schedule hereinabove. In the event any Retailer submitting a
contract to Blair does not place a retail fireworks operation on
the premises as described hereinabove, such Retailer shall be
liable for the entire amount of the rent as specified hereinabove
notwithstanding his non - occupancy of the premises.
This Agreement shall be binding upon the heirs, personal
representatives, successors, and assigns of all parties hereto.
CITY OF BLAIR., NEBRASKA
RETAILER
COUNCILMEMBER Kubie
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -18
WHEREAS, Section 5 -404 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
prohibit or regulate parking on designated streets or parts of
streets.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that parking of any
vehicle be prohibited on the South side of Adams Street between
11th and 12th Streets in the City of Blair, Nebraska, and that
the Street Department of the City of Blair and the Police
Department are hereby authorized and directed to place No Parking
signs reflecting the no parking area as established hereby at
necessary intervals along said no parking area and that following
the passage and publication of this Resolution it shall be
unlawful for any person to fail, neglect or refuse to comply with
said prohibition.
COUNCILMEMBER Jenny MOVED THE THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan . UPON ROLL CALL, COUNCILMEMBERS
Kubie, Jenny, Ryan, Kuhr, Reyzlik and Long
VOTING "AYE ", AND CuunuiLMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 9th DAY OF JUNE, 1987.
CITY OF BLAIR, NEBRASKA
BY
M. STANTJFY JEN 'N( MAYOR
STATE - - OF NEBRASKA
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 9th day of June, 1987.
VERNA R . Bf L, eta CIT
COUNCILMEMBER KUHR INTRODUCED THE FOLLOWING RESOLUTION
RESOLUTION N0. 1987 -19
WHEREAS, Section 5 -404 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
prohibit or regulate parking on designated streets or parts of
streets.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the following spaces
be designated as Handicapped Parking: the first parking space
South of the alley between Lincoln Street and Washington Street
on the East side of 17th Street, the first parking space on the
North side of Lincoln Street East of the private drive providing
access to the parking lot at 1638 Lincoln Street, the first
parking space North of the alley between Lincoln Street and
Washington Street on the West side of 16th Street, the first
parking space North of the alley between Front Street and
Washington Street on the West side of 16th Street, and the first
parking space South of the alley between Front Street and
Washington Street on the East side of 17th Street; and the Street
Department of the City of Blair and the Police Department of the
City of Blair are hereby authorized and directed to place
handicapped parking signs reflecting the restricted parking areas
as established hereby and that following the passage and
publication of this Resolution it shall be unlawful for any
person to fail, neglect, or refuse to comply with said
regulation.
COUNCILMEMBER Jenny MOVED T HE RESOLUTION BE
ADOPTED AS READ, WHIcii SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kubie . UPON ROLL CALL, COUNCILMEMBERS
Kuhr, Jenny. Kubjei Lqn atc� . Krns and i ej1 Tk V
VOTING "AYE ", AND COUNCIL MEMBERS
VOTING "NAY", THE MAYOR DECLARED TAKEGOING RESOLUTION PASSED
AND APPROVED THIS 23rd DAY OF JUNE, 1987.
ATTEST:
CITY OF BLAIR, NEBRASKA
BY
M. STANLEY JEN1 N. /M,A YOR
VERNA R. Ue 14 ERK
(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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 23rd day of June, 1987.
BUULL, I ._ Y C R
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 20
WHEREAS, Section 5 -218 of the Municipal Code of the City
of Blair, provides that the governing body may by resolution
provide for the placing of stop signs or other signs for the
purpose of stopping or prohibiting traffic on any street or alley
within the Municipality's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Blair, Nebraska, that a stop sign be
placed on the Northwest corner of the intersection of 12th Street
and Fairview Drive for the purpose of stopping traffic proceeding
South on 12th Street at such intersection in the City of Blair
and that following the passage and publication of this
resolution it shall be unlawful for any person to fail, neglect
or refuse to comply with said stop sign.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kubie . UPON ROLL CALL, COUNCILMEMBERS
Kunr, Kubie, Long, Kros and Vinton
VOTING "AYE "AND COUNCILMEMBERS Jenny and Reyzlik
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 23rdDAY OF JUNE, 1987.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
STATE OF NEBRASKA
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 Resolution was passed
at a regular meeting of the Mayor and City Council held on the
23rd day of June, 1987.
/L 1 44-i/
VERNA R. B� Z, CITY CLERK
COUNCILMEMBER REYZLIK INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 21
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class J
Beer and Wine On Sale Only Liquor License for C & K Enterprises,
Inc., d /b /a Pizza Hut.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER RYAN MOVED THAT THI+; RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
LONG . UPON ROLL CALL, COUNCILIVIEMBERS
REYZLIK, RYAN, LONG, KROS VINTON. AND KUHR
VOTING "AYE" AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 14TH DAY JULY, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
/ ,J
VERNA R. BULL, CITY CLERK
(SEAL)
BY
M. STANLEY JEN
AYOR
STATE OF NEBRASKA
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 14TH day of July, 1987.
) ss
j ' J i ydY
VERNA R. BULL, ITY CLERK
FUND
COUNCILMEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 22
WHEREAS, a notice of public hearing together with a
summary of the proposed budget statement of the City of Blair for
the fiscal year beginning August 1, 1987, and ending July 31,
1988, was published in The Enterprise, the official newspaper of
the City of Blair, on July 9, 1987, and,
WHEREAS, said budget statement was prepared on Budget
Form AP provided by the State of Nebraska and City of Blair
budget forms and consists of fifty -five pages including the
notice referred to hereinabove and was filed with the City Clerk
on July 9, 1987.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that said budget
statement is hereby approved as presented and the same is hereby
adopted as the official budget of the City of Blair for the
fiscal year beginning August 1, 1987, and ending July 31, 1988.
BE IT FURTHER RESOLVED that an estimate of the probable
money necessary for all purposes to be raised in said City during
the fiscal year, beginning August 1, 1987, and ending July 31,
1988, for which appropriation is to be made, shall be as follows:
General Fund
Debt Service
Street
Revenue Sharing
Blair Apts.
Water
CDBG (CD)
Insurance
Sewer
Water Bond Sr.
Water Bond Jr.
ALL SOURCES EST.
$ 715,854.00
$ 124,424.00
$ 908,999.00
$ 17,012.00
$ 70,431.00
$1,026,259.00
$ 264,514.00
$ 222,438.00
$ 305,173.00
$ 313,820.00
$ 638,721.00
ADVALOREM EST.
$ 581,764.00
-0-
-0-
- 0-
-0-
-0-
-0-
-0-
- 0-
-0-
-0-
ATTEST:
Sewer Bond $ 95,625.00 -0-
Capital Outlay Res. $ 164,500.00 -0-
CDBG (ED) $ 125,026.00 -0-
AND BE IT FURTHER RESOLVED that the City Clerk is
directed to enter this Resolution at large upon the minutes, and
cause the same to be published in The Enterprise, a general
newspaper of general circulation in said City, and that copies of
the official budget shall be placed on file in the office of the
City Clerk for examination and use of the public.
COUNCILMEMBER REYZLIK MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
KUHR . UPON ROLL CALL, COUNCILMEMBERS
RYAN, RRYZLIJ< KUHR VTNTON ,TPNNV ] Tfl?O
VOTING "AYE" AND COUN NONE
VOTING "NAY" THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 16TH DAY OF JULY, 1987.
CITY OF BLAIR, NEBRASKA
BY
M. STANLEY JENSE
NGb(;
OR
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 Resolution was passed
at a regular meeting of the Mayor and City Council held on the
16TH day of July, 1987.
VERNA R. BULL, CITY CLERK
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION N0. 1987- 23
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF BLAIR, NEBRASKA:
SECTION 1. The Mayor and City Council hereby approve
the request of Auburn Hurdle Company, Inc., or an entity owned or
related thereto, (individually and collectively the "Company ")
for the issuance by the City of Industrial Development Revenue
Bonds in an amount of not to exceed 5.6 Million Dollars to
provide funds to acquire real estate and a building and to
rehabilitate and construct additions to such building all located
in the Industrial Tract, Blair, Nebraska, and to purchase
equipment to be used in connection with the Company's business.
SECTION 2. The City Clerk, without any further action
or authorization from the City Council, is hereby authorized to
call a public hearing on the proposal to issue such bonds, upon
the request of the Company, at such time as the City Clerk and
Company deem advisable and the City Clerk is hereby authorized to
cause notice of any such public hearing to be given and published
in such method and manner as the City Clerk and Company shall
deem reasonable and necessary.
SECTION 3. That said bonds shall be issued, in one or
more series, when the documents relating thereto have been
prepared by or on behalf of the Company and approved by the City
Attorney and the Mayor and City Council of the City of Blair,
Nebraska.
SECTION 4. Issuance of the bonds shall be pursuant to
Section 18 -1614 to 18 -1623 R.R.S. Nebraska 1943, as amended, and
neither the passage of this Resolution nor the issuance of said
bonds shall obligate the City of Blair, Nebraska, for any
pecuniary liability or constitute a charge against the general
credit or taxing powers of the City of Blair, Nebraska, and said
bonds, when issued shall be payable solely from monies paid by or
on behalf of Auburn Hurdle Company, Inc.
SECTION 5. That Resolution No. 1987 -5 passed and
approved April 14 , 1987, is hereby rescinded.
COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan . UPON ROLL CALL, COUNCILMEMBERS
Ryan, Jenny, Kros. Lona Kuhr, Rey7lfl? and K
VOTING "AYE ", AND COUNCILMEMBERS R
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 28 DAY OF JULY, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
VERNA- R. BULL, CITY CLE K
BY
_
M. "ST '4 JEN � MAYO
(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 o?
Nebraska, and that the above and foregoing Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 28 day of July, 1987.
Z CITY C I,ER1t
VERNA R. ,
COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 24
WHEREAS, the State of Nebraska has determined that it is
necessary to install automatic cantilever flashing light signals
with gates at the railroad crossing of the Chicago and
Northwestern Railroad Company tracks at 10th Street in the City
of Blair, Washington County, Nebraska; and
WHEREAS, the estimated cost of such installation is the
sum of $70,000.00; and
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, deem that such installation is necessary and
required for the safety and health of the citizens of, Blair.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that they hereby agree to
pay and reimburse to the State of Nebraska, Department of Roads,
five percent (5 %) of the actual construction and installation
costs of automatic cantilever flashing light signals with gates
at the Chicago and Northwestern Railroad Transportation Company
tracks at the crossing at 10th Street in the City of Blair,
Nebraska. Such payment and reimbursement shall be made after the
installation and construction of said improvements at such time
as requested by the State of Nebraska.
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Mayor and City Clerk are
hereby authorized and directed to execute any necessary
agreements required to fulfill the terms and obligations as
established hereby.
COUNCILMEMBER Ryan MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Vinton . UPON ROLL CALL, COUNCILMEMBERS
Ifeyzlik, Rvan. Vinton, Kuhr,, Kubie. Kros, Jenny and Lona
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS llth DAY OF AUGUST, 1987.
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
. STANLEY JE:EJ MAYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the llth day of August, 1987.
VERNA R. BULL, CITY CLERK
4
A regular meeting of the Housing and Community
Development Agency of the City of Blair was held at Blair,
Nebraska at 7:30 P.M. on August 25, 1987.
The Housing and Community Development Director presided
and the City Clerk recorded the proceedings.
On roll call, the following were present: Mayor Jensen;
Councilmembers: Jenny, Kros, Kubie, Kuhr, Long, Reyzlik and Ryan.
4676b
Absent:
August 25, 1987
Councilman Vinton
Agency Member Kuhr introduced a Resolution
superceding Resolution No. 1985 -23, Resolution No. 1986 -27
and Resolution No. 1987 -14, entitled "A RESOLUTION DECLARING
THE INTENTION OF THE HOUSING AND COMMUNITY DEVELOPMENT AGENCY
OF THE CITY OF BLAIR, NEBRASKA, TO ISSUE TAXABLE TAX INCRE-
MENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO
EXCEED $6,000,000.00 FOR THE ACQUISITION OF CERTAIN LAND TO
BE USED AS THE SITE FOR AN INDUSTRIAL PARK AND IMPROVEMENT
THEREOF" and moved that said Resolution be designated as
Resolution No. 1987 -25 ; that the title be approved; and
that the same be adopted.
Said Resolution was fully and distinctly read, and the
Director stated that the question is: "Shall Resolution No.
1987- 25 be passed and adopted ?" The Yeas and Nays were
called, and the following voted "Yea ": Kuhr, Ryan, Reyzlik,
Kubie, Kros, Jenny and Long
The following voted "Nay" or were absent or did not vote:
Councilman Vinton was absent
The passage and adoption of said Resolution having been
concurred in by a majority of all members appointed to the
Housing and Community Development Agency, said Resolution was
declared by the Director to be passed and adopted and the
Director signed and approved said Resolution, and the clerk
attested the passage and approval of the same and affixed her
signature and the seal of the City thereto.
A true and complete copy of said Resolution is as
follows:
4676b
THE HOUSING AND COMMUNTIY DEVELOPMENT AGENCY
OF THE CITY OF BLAIR, NEBRASKA
RESOLUTION NO. 1987- 25
A RESOLUTION DECLARING THE INTENTION OF THE HOUSING
AND COMMUNTIY DEVELOPMENT AGENCY OF THE CITY OF
BLAIR, NEBRASKA TO ISSUE TAXABLE TAX INCREMENT
REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT
TO EXCEED $6,000,000.00 FOR THE ACQUISITION OF
CERTAIN LAND TO BE USED AS THE SITE FOR AN INDUS-
TRIAL PARK AND THE IMPROVEMENT THEREOF.
WHEREAS, the Housing and Community Development Agency of
the City of Blair, Nebraska (the "Agency "), a body politic
and corporate duly organized and existing as an agency of the
City of Blair under the laws of the State of Nebraska, is
authorized and empowered by the provisions of the Nebraska
Community Development Act, Chapter 18, Article 21, Nebraska
Revised Statutes 1943, as amended (the "Act "), to acquire,
whether by construction, purchase, devise, gift or lease, or
any one or more of such methods, one or more "Redevelopment
Projects," as that term is defined in the Act, and to issue
taxable tax increment bonds for the purpose of paying the
cost of acquiring, installing or improving a project; and
WHEREAS, the Agency wishes to undertake the development
of an industrial park project for the purposes of promoting
the public welfare of the citizens of the City of Blair (the
"City "), alleviating and preventing conditions of unemploy-
ment, halting declines in property values and, inter alia,
promoting economic growth in the City; and
WHEREAS, the Agency wishes to declare its intention to
proceed with the issuance of taxable tax increment revenue
bonds (the "Bonds ") of the Agency for the purpose of provid-
ing the financing for the acquisition of certain land and the
improvement thereof, including, but not limited to, grading,
drainage improvements and subsurface pilings and for the
paving of streets and providing water and sewer service,
constituting a "Redevelopment Project," as that term is
defined in the Act (the "Blair Industrial Park Project "), a
portion thereof to be sold to Nebraska Ethanol Corporation
(the "Company ") to be used as the site for an ethanol plant;
-2-
NOW, THEREFORE, be it resolved by the Agency, that it
does hereby declare its intention to proceed with the issu-
ance of taxable tax increment revenue bonds of the Agency
under and in accordance with the applicable statutes of the
State of Nebraska, and particularly the Act, in such amount,
but not to exceed $6,000,000.00 and upon such terms and
conditions as may be agreed upon by the Agency, the Company
and the purchasers of the bonds, for the purpose of providing
all of the cost of acquiring and improving the Blair Indus-
trial Park Project to be located within the City of Blair,
Nebraska, and a portion thereof to be sold to the Company,
the issuance of the Bonds to be authorized by a Resolution of
the Agency at a meeting to be held for such purpose,•and upon
the receipt of the approval of the City Attorney and delivery
at the closing of such bonds of an approving legal opinion of
bond counsel.
[SEAL]
Attest:
A• .rowed:
By
4676b
Passed and approved this 25th day of August, 1987.
By 1 .4J./
City Clerk
Verna R. Bull
City Attorney
Wyman E. Nelson
THE HOUSING AND COMMUNITY
DEVELOPMENT AGENCY OF THE CITY
OF BLAIR, NEBRASKA
-3-
Director
M. Stanley Jensen
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 26
WHEREAS, Nebraska Ethanol Corporation has requested the City
of Blair to make application for grants, funds, and guarantees
which may be available pursuant to L.B. 1230 passed by the
Nebraska Unicameral through the Ethanol Authority and Development
Board or any other departments or agencies of the State of
Nebraska; and,
WHEREAS, the City of Blair is agreeable to making
application pursuant to the request in the maximum amount allowed
by the State of Nebraska, the same constituting no liability on
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the City file an application
or applications for funds, grants, or guarantees available for
assistance to Nebraska Ethanol Corporation in the maximum amounts
as allowed by the State of Nebraska.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk of the
municipality are hereby authorized and directed to execute such
application forms as may be required to file the application.
COUNCILMEMBER Kubie MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Jenny . UPON ROLL CALL, COUNCILMEMBERS
'Ryan, ` W e, - Jenny, rong, Kros, Kuhr, and Reyzlik
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 25th DAY OF AUGUST, 1987.
CITY OF BLAIR, NEBRASKA
YOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 25th day of August, 1987.
VERNA R. BULL, CITY C
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 27
BE IT RESOLVED by the Mayor and City Council of the City
of Blair, Nebraska, that a ten mile per hour speed limit be set
and established on all streets and roads within Tax Lot 120 in
Section 12, Township 18 North, Range 11 East of the 6th P.M.,
Washington County, Nebraska, commonly known as the Blair
Apartments, located on the northeast corner of the intersection
of 10th Street and Iowa Street in the City of Blair, Nebraska,
and that following the passage and publication of this resolution
is shall be unlawful for any person to fail, neglect or refuse to
comply with said speed limit.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kubie . UPON ROLL CALL, COUNCILMEMBERS
Kuhr, Long, Kubie, Reyzlik, Jenny and Vinton
VOTING "AYE ", AND COUNCILMEMBERS Kros
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 8th DAY OF SEPTEMBER, 1987.
ATTEST:
VERNA R.
(SEAL)
•
LL. CITY CLERK
CITY OF BLAIR, NEBRASKA
BY
M. STANLEY JENS OR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 8th day of September, 1987.
n4' c/
VERNA R. BULL, CITY CLERK
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987— 28
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been presented with a Lease for the joint
use of the Law Enforcement Center, which such Lease is attached
hereto, marked Exhibit "A ", and by this reference made a part
hereof as though fully set forth herein; and,
WHEREAS, the terms and conditions of such Lease are
acceptable to the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA THAT the terms and
conditions of the Lease attached hereto marked Exhibit "A" are
hereby adopted by the City of Blair and the Mayor and City Clerk
of the City of Blair, Nebraska, are hereby authorized and
directed to execute same entering into the Lease on behalf of the
municipality.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Jenny . UPON ROLL CALL, COUNCILMEMBERS
Kuhr, Reyzlik, Jenny, Kubie, Vinton, Long and Kros
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 8th DAY OF SEPTEMBER, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
(SEAL)
VERNA R. BULL, CITY CLERK
BY
M. 'STANLEY JENVNfAYOR
STATE OF NEBRASKA )
)88
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 8th day of September, 1987.
•IK-:=
VERNA R. BULL, - t ITY CLERK
LEASE
at'
This Lease entered into this — day of July, 1987„
between Washington County, Nebraska, hereinafter referred to as
"County", and the City of Blair, Nebraska, hereinafter referred
to as "City".
1. Premises. The County hereby leases to the City, the
following premises located in the Washinton County Law
Enforcement Building located on Block 75, City of Blair,
Nebraska, to-wit:
Exclusive use of Chief's Office, Lieutenant's
Office, Detective's Office, and Sergeant's Office.
Joint use of Interview Room, Squad Room, General
Office, Booking Room, Sally port, and all Hallways.
The portion of the basement currently used as an exercise
area shall be in the exclusive control of the City, and the City
agrees to hold the County harmless for any injury to any person
occurring in this area, and further, the City agrees to
relinquish such area on ten (10) days notice and upon showing of
a good cause of the County for need of the area. It is agreed
that the Sally port shall be used exclusively for the parking of
vehicles only during such time as prisoners or persons in custody
are being loaded or unloaded. It is specifically agreed that it
shall not be used for th parking of any vehicles other than for
the intended purpose.
2. Term. The term of this lease shall be year to year
commencing July 1, 1987, and may be terminated either by mutual
agreement or by one year written notice.
5•
Consideration. In consideration of the foregoing, the
City agrees to pay the County 25% of the insurance, snow removal,
utility and supply expense incurred on account of the operation
of the building, payable October 31, January 31, April 30, and
July 31, the first three payments to be estimated at one-half of
the previous year's actual expenses, the final payment being in
an amount necessary to pay the actual expenses for the current
year. The City agrees to pay 50% of the dispatcher's salary,
janitorial salary or contract amount, and uniform allowance, less
the amount collected from other communities for dispatch and all
emergency services. The County agrees to pay 50% of the teletype
expense. In addition, the City agrees to pay 50% of the expense
of the radio system. It is agreed that the City will pay the
\
County $9,140.70, to be paid quarterly. Within ninety (90) days
following the Fourth quarter a payment shall be made for an
additional amount necessary to reimburse the County for 25% of
the actual expense for the contract year.
4. The Sheriff shall have the control of and responsibility
+or the dispatching operation.
The County warrants and represents that it is in
compliance with all wage and hour laws concerning the payment of
the dispatchers. The County hereby agrees to save harmless and
indemnify the City from any and all claims, causes of action,
suits, or any liabilities of any nature or kind brought by any of
the dispatchers as a result of the County's noncompliance with
any provisions of the Fair Labor Standards Act or any other
rules, regulations, or statutes governing and dealing with wage
and hour regulations.
It is further agreed that this save harmless and
indemnification shall apply to all time periods previous to this
Lease and commencing with the construction of the joint law
enforcement facilities.
harmless and indemnification provision shall continue during the
term of this Lease and thereafter and during the term of any
subsequent leases so long as the dispatchers are under the
direction, control, and direct payment of the Sheriff or the
County and there is joint use of the law enforcement facility by
the County and City.
WASHINGTON COUNTY, NEBRASKA
ATTEST:
/ OUNTY BOARD OF UPERVISORS
/
�_ /° tf
CHA'LOTTE PET - -
COUNTY CLERK •
It is further agreed that the save
CITY OF BLAIR, NEBRASKA
M. STANLEY JEN
CITY OF BLAIR
^
4
M
-eikk.cse '
VERN6��� BULL . •
CITY CLERK
A
Janitor's Salary
Insurance
Lawn Care & Snow Removal
Supplies (Jail)
Supplies (Comm Off)
Cengas
17,467.
Utilities
Dispatchers Salary
Teletype Repair
Teletype
Copier
Equipment Repair
Ray Martin Burner
Honeywell Contract
Medical for Prisoners
Jail Repair
Pay Phone
Dispatchers School
Jailers Salaries
50% Shared Expense
25% Shared Expense
12i%Shared Expense
a. 9-i-37
N51 . ,, s- 124 A-44 4 _46pLnLy r z___
County Bldg rent
1-11-54092
9140.70
•
Oct 31st
Jan 31st
April 30th
July 31st
• Total Expense
4,200.00
3,489.00 .
803.43
136.19
90.69
81 4 , 4 62. 09
13,005.72
53,898.52
645.60
3,286.63
1,275.45
217.46
2,914.78
3,184.32
915.14
118.50
279.60
Breakdown: 1986-87 Communication Office Budget
•
• City Share 'City Share City Share
50% - 25% • 121%
26,949.26
322.80
1,643.12
• 231.97 115.99
44,704.25
872.25
200.86
728.70
2100.00
22.67
4,366.95
(Less amount received from Comm)
137,859.34 29,031.37 6,191.43 2,100.00
-760.00 (Pd. by Kennard)
28,27137
$28,271.37
6,191.43
2,100.00
$36,562.80 Divided by 4 $9,140.70 Next Yr. Quarterly
1/.2-21.9400=e Paid to date --;"=----
A,A% 3g Balance Due on 86-87 Contract
VAZ2,32
-t. a ea,,s .
1st
2nd
3rd
4th
quarter
quarter
quarter
quarter
. Make Check payable to the County Treasurer
•
Civil Defense
1-10-52014
Oct 450
Jan 450
April 450
July 450
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO.1987 -29
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA, that Resolution No. 1985 -25 is hereby amended so
as to repeal the availability of the $5.00 bonafide nonresident
student fee. In all other respects and terms Resolution No.
1985 -25 shall remain in full force and effect.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Long . UPON ROLL CALL, COUNCILMEMBERS
Ryan, Reyzlik, Long, Kros, Kubie and Vinton
VOTING "AYE" AND COUNCILMEMBERS None VOTING "NAY"
COUNCIL PRESIDENT JENNY DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 22nd DAY OF SEPTEMBER, 1987.
ATTEST:
.4
ALICE I'. ACTING CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEB
KA
JE;' vME'
I. JENNY,
OUNCIt Pf3,F"SIDENT
Alice I. Diedrichsen, 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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 22nd day of September, 1987.
ALICE I. DIEDRICHSEN__
Acting City Clerk
Sept. 15, 1987
AGENDA ITEM 11
At the Library Board meeting of Monday Sept. 14, 1987, the board voted to
eliminate the $5.00 student fee. I would like to ask the City Council to
amend the resolution on County Fees at this time.
If passed the resolution will be as follows;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA
THAT there is hereby set and established a library use fee for nonresidents of
the City of Blair which shall be $20.00 per family. The fee shall be for a
one year period following payment of the fee. For the purpose of this fee, resident
Dana College students shall be considered residents of the community.
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -30
WHEREAS, Frank Drbal well and faithfully served the citizens
of and the City of Blair as a councilmember and through other
civic and community service; and,
WHEREAS, his personal sacrifices and devotion to Blair and
its citizens are to be honored; and,
WHEREAS, the death of Frank Drbal has deeply saddened and
affected the municipality and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair, Nebraska, that the heartfelt condolences
and sympathy of the municipality and its citizens are hereby
extended to the family of Frank Drbal.
BE IT FURTHER RESOLVED THAT the contributions, sacrifices,
and devotion of Frank Drbal to the betterment of Blair and the
quality of life for all who reside there are hereby acknowledged
and honored by the municipality and appreciation and thanks for
said service is hereby extended to the family of Frank Drbal for
the sharing of his time on behalf of the betterment of Blair.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Kuhr, Ryan, Reyzlik, Vinton, Jenny, Kubie and Long
VOTING "AYE" AND COUNCILMEMBERSNone
VOTING "NAY ", THE MAYOR DECLARED THE t'uHtuuING RESOLUTION PASSED
AND ADOPTED THIS 13th DAY OF OCTOBER, 1987.
CITY OF BLAIR, NEBRASKA
. STANLEY J SEN/, MAYOR
ATTEST:
d le..4. -' .1.4...L../ 1
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 13th day of October, 1987.
(..€4,"-. -fli Iff.ae
Verna R. Bull, City Clerk
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -31
WHEREAS, an Affidavit has been received by the municipality
from A. Philip Larsen, individually and as President of Phil
Larsen Co., a Nebraska corporation, and Florence L. Larsen,
individually, wherein notice was given to the municipality that a
warranty deed dated February 24, 1987, was recorded in Book 163
at Pages 98 and 99 of the records of the County Clerk of
Washington County, Nebraska, without prior to the filing of such
deed the affiants' obtaining a lot split approval from the
municipality; and,
WHEREAS, such affidavit provides that such filing and
conveyance failed to comply with the requirements of the City of
Blair relating to subdivision approval; and,
WHEREAS, the Mayor and City Council object to such
conveyance; and,
WHEREAS, a public hearing has been held before the Mayor and
City Council concerning such objection.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that an objection to the
conveyance by warranty deed dated February 24, 1987, of the West
223.82 feet of Tax Lot 75 in Section 34, Township 19 North, Range
11 East of the 6th P.M. which said warranty deed is recorded in
Record Book 163 at Pages 98 and 99 of the records of the County
Clerk of Washington County, Nebraska, and that by virtue of this
objection, such conveyance is invalid.
BE IT FURTHER RESOLVED THAT the objection in the form of
this Resolution shall be filed by the Municipal Clerk with the
County Clerk in the records of Washington County, Nebraska.
COUNCILMEMBER Reyzlik MOVED THAT THE RESOLUTION BE NOT
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Reyzlik, Ryan, Jenny and Vinton
VOTING "AYE" AND COUNCILMEMBERS Kuhr, Long and Kubie
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION NOT -
ADOPTED THIS 13 th DAY OF SEPTEMBER, 1987.
ATTEST:
iL �
VERNA R. BULL, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
:
M. "STANLEY JEN EN 1AYOR
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 Resolution was not passed
at a regular meeting of the Mayor and ity Council of said City
held on the 13th day of September, 19 7.
Verna R. Bull, City Clerk
COUNCILMEMBER Kuhr INTRODUCED THE FOLLOWING RESOLUTION:
.RESOLUTION NO. 1987 -32
WHEREAS, certain roads and streets
Nebraska, have been designated as being
funds by the Federal Highway Administration in compliance with
Federal Laws pertaining thereto; and,
WHEREAS, the City of Blair desires to improve a certain
portion of the City street system in said City more fully
described hereinafter.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Department of Roads is
hereby requested to act for said City
construction that portion of City street described as the
intersection of South Creek and Grant Street, 100 feet East of
Fourth and Grant Streets in the City of
which construction includes bridges and twin 12 foot x 12 foot
concrete box culvert with wing walls and utility relocation.
The estimated cost of such improvement
Construction
Survey & Plans
Right of Way
.1 Miles
Estimated Total for Project
hereby authorized to sign this resolution
in the City of Blair,
eligible for Federal
and to program for
Blair, Nebraska, and
$100,000.00
$ 10,000.00
$ -0-
$110,000.00
Survey and plans will be made by a consultant to be
determined.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
on behalf of the City
of Blair and the Mayor and City Council hereby approve the above
contemplated construction prior to first submitting of said
project to the Federal Highway Administration.
BE IT FURTHER RESOLVED that sufficient funds of the City of
Blair are now, or will be available and are hereby pledged to the
Department of Roads in the amount and at the required time for
the purpose of matching Federal Funds available for the
contemplated construction.
COUNCILMEMBER Long MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik UPON ROLL CALL, COUNCILMEMBERS
Kuhr, Inn 2. R.yyn,,. K.tihie. Vinton and Jenny
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 13thDAY OF OCTOBER, 1987.
ATTEST:
VERNA R. BULL, CITY CLERK
CITY OF BLAIR, NEBRASKA
M. STANLEY JENS
*R tIV-1/CCIA—j
(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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 13th, day of October, 1987.
ZeleLmdf 4i itt:26e
Verna R. Bull, City Clerk
COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 33
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class I
Spirits, Wine, and Beer on sale only for Carole S. Anderson d /b /a
Viking Steaks & Seafood.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Kubie MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik UPON ROLL CALL, COUNCILMEMBERS
Reyzlik, Kubie, Kuhr, Long, Jenny, Kros and Vinton
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 27th DAY OCTOBER, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
VERNA R. BU L, ITY CLERK
(SEAL)
BY ®f/
M. STANLEY JEN
AYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 27th day of October, 1987.
VERNA R. BULL, CITY CLERK
COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -34
WHEREAS, the Mayor and City Council have been presented with
a developer's agreement between the City of Blair and Michael
Jacobson and Debra Jacobson developers of Stone Creek Estates, a
subdivision; and,
WHEREAS, said agreem
subdivision regulations /y , 7 .s forth
requirements for the con - provements
within the subdivision;
WHEREAS, the tern h cement are
acceptable to the Mayor
G =
NOW, THEREFORE, 1 :nt attached ��� �� �
hereto, marked Exhibit
BY
--- -- zoning and
and Michael
Jacobson and Debra Jacobson Estates,
is hereby accepted and approved by the Mayor ana u.zty Council.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the
municipality.
COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Jenny, Ryan, Vinton, Revzlik, Kubie. Kuhr and Long
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 1 O t h DAY OF November , 1987.
CITY OF BLAIR, NEBRASKA
M. STANLEY JENS , YOR
COUNCILMEMBER Jenny INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -34
WHEREAS, the Mayor and City Council have been presented with
a developer's agreement between the City of Blair and Michael
Jacobson and Debra Jacobson developers of Stone Creek Estates, a
subdivision; and,
WHEREAS, said agreement in conformance with the zoning and
subdivision regulations of the municipality sets forth
requirements for the construction and financing of improvements
within the subdivision; and,
WHEREAS, the terms and conditions of said agreement are
acceptable to the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED THAT the agreement attached
hereto, marked Exhibit "A" between the City of Blair and Michael
Jacobson and Debra Jacobson, developers of Stone Creek Estates,
is hereby accepted and approved by the Mayor and City Council.
BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the
municipality.
COUNCILMEMBER Jenny MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Ryan UPON ROLL CALL, COUNCILMEMBERS
Jenny, Ryan, Vinton Reyzlik. Kubie. Kuhr and Long
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 10th DAY OF November , 1987.
CITY OF BLAIR, NEBRASKA
BY 12 /°
M. STANLEY JENSN, / MAYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 10th day of November, 1987.
Verna R. Bull, City Clerk
COUNCILMEMBER Ryan INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987 -35
WHEREAS, the Memorial Community Hospital has requested
authorization of a one day liquor license for a Christmas party
to be held at the Blair Fire Hall; and,
WHEREAS, the Mayor and City Council of the City of Blair,
Nebraska, may by resolution authorize such sale and consumption
of alcoholic beverages for a one day event sponsored by the
Memorial Community Hospital.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, THAT the Memorial Community
Hospital is hereby authorized and approval is hereby given for a
one day liquor permit for December 11, 1987, pursuant to the
application filed therefor.
BE IT FURTHER RESOLVED THAT the City Clerk is hereby
authorized and directed to forward a copy of this Resolution to
the Nebraska Liquor Control Commission.
COUNCILMEMBER Re,yzlik MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Kubie UPON ROLL CALL, COUNCILMEMBERS
Ryan, Rev_zl i k, Kubie. Jenny. Kuhr Long and Vinton
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS
PASSED AND APPROVED THIS 10th DAY OF NOVEMBER, 1987.
CITY OF BLAIR, NEBRASKA
ATTEST:
VERNA R. BULL, CITY CLERK
(SEAL)
M. STANLEY JENN AYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council held on the
10th day of November, 1987.
VERNA R. BULL, C TY CLERK
COUNCILMEMBER Reyzlik INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO. 1987- 36
WHEREAS, the Mayor and City Council of the City of
Blair, Nebraska, have been forwarded an application for a Class C
Spirits, Wine, Beer, On and Off Sale Only Liquor License. for
Jeff J. Rybin d /b /a The Limit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the City of Blair
recommends approval of the issuance of such license by the
Nebraska Liquor Control Commission.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF
THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and
forward a certified copy of this Resolution to the Nebraska
Liquor Control Commission on behalf of the City of Blair.
COUNCILMEMBER Vinton MOVED THAT THE RESOLUTION BE ADOPTED
AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik UPON ROLL CALL, COUNCILMEMBERS
Reyzlik, Vinton, Kros., Jenny, Kubie and Kuhr
VOTING "AYE" AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 22nd DAY DECEMBER, 1987.
ATTEST:
(SEAL)
,
VERNA R. BULL, CITY CLERK
CITY OF BLAI_', NEBRASKA
BY
M. STANLEY JENSEN
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 22nd day of December, 1987.
„„,) VERNA R. BULL, CITY 6 LERK
COUNCILMEMBER Kros INTRODUCED THE FOLLOWING RESOLUTION:
RESOLUTION NO 1987 -37
WHEREAS, on May 9, 1979, the City of Blair granted to
Omniview, Inc., a non - exclusive Cable Television Franchise
pursuant to Ordinances Nos. 1245 and 1255; and,
WHEREAS, the City of Blair and Omniview, Inc. entered into
a written Lease Agreement on or about April 14, 1981, providing
for the lease from the City of Blair to Omniview, Inc. of the
following described real estate, to -wit:
Tax Lot Sixty -Seven (67) and Tax Lot Twenty -Three (23)
in Section Fourteen (14), Township Eighteen (18) North,
Range Eleven (11) East of the 6th P.M., Washington
County, Nebraska,
a copy of said lease being attached hereto, marked 'Exhibit "A ",
and by this reference made a part hereof; and,
WHEREAS, application has been made to the City of Blair by
Omniview, Inc. and Tele Max Cable, Incorporated, providing for
the transfer of the above referenced franchise from Omniview,
Inc. to Tele Max Cable, Incorporated, and further for the
assignment of the above referenced lease from Omniview, Inc. to
Tele Max Cable, Incorporated; and,
WHEREAS, Tele Max Cable, Incorporated, has provided to the
Mayor and City Council of the City of Blair information as
requested regarding the proposed transferee; and,
WHEREAS, the transfer of said franchise and assignment of
said lease are agreeable to the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Blair, Nebraska, that the transfer of the
franchise referenced hereinabove from Omniview, Inc. to Tele Max
Cable, Incorporated is hereby approved subject to the agreement
of Tele Max Cable, Incorporated, to fully comply with and be
bound by all of the terms and conditions thereof; and further
subject to Tele Max Cable, Incorporated providing on a monthly
basis to the Mayor and City Council a report of subscriber
complaints providing the information as set forth in Section 10-
1931 of the Municipal Code.
BE IT FURTHER RESOLVED that the assignment of the above
referenced lease from Omniview, Inc. to Tele Max Cable,
Incorporated is further hereby approved by the City of Blair.
COUNCILMEMBER Kuhr MOVED THAT THE RESOLUTION BE
ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER
Reyzlik UPON ROLL CALL, , COUNCILMEMBERS
Kros, Kuhr, Reyzlik, Vinton, Kubie and Jenny
VOTING "AYE ", AND COUNCILMEMBERS None
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 22nd DAY OF DECEMBER, 1987.
ATTEST:
VERNA R. BL , _ CITY CLERK
(SEAL)
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
BY
M. STANLEY JENS t 'AYOR
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 Resolution was passed
at a regular meeting of the Mayor and City Council of said City
held on the 22nd day of December, 1987.
VERNA R. BULL, CITY CLERK
In consideration of One Dollar ($1.00) and other
valuable consideration the undersigned City of Blair does
hereby grant and convey unto The Blair Telephone Company, a
Nebraska Corporation, its successors and assigns, a perpetual
easement over and across the following described real estate:
Tax Lots Sixty -Seven (67) and Twenty -Three (23) in Section
Fourteen (14), Township Eighteen (18) North, Range Eleven (11),
and Lot Eighteen, (18) of Larsen's Third Addition, all in the
City of Blair, Washington County, Nebraska, subject to the
following terms and conditions:
A. Said easement over and across said Tax Lot Twenty -
Three (23) and Lot Eighteen (18) of Larsen's Third Addition to
the City of Blair, shall be used by the grantee for the constru-
ction, operation and maintenance of a mobile telephone tower,
microwave and satellite receiving stations, guy wires and equip-
ment building, the exact location of which shall be approved
prior to construction by the Utilities Commissioner of the City
of Blair. Said use by the grantee shall not interfere with the
operation and maintenance of the water reservoir now located
upon said real estate.
B. The City of Blair reserves the right to install
radio antennae for its communications systems upon said tower,
provided that the actual location . of said antennae shall be
approved by the grantee so as not to interfere with its use of
the Lower.
C. Said easement over and across said Tax Lot Sixty -
Seven (67) shall be used by the grantee for Ingress and egress
to Lite Lower and equipment building referred to horeinabove.
Dated this i6 ,.day of October, 19/8.
1,. W. SVENDCAAR
(SLAL)
c
t
E A S E M E N T
CITY C
OFFICES OF
0 HANLON A 0 NANLON
LAWYERS
BLAIR NEOMASNA
CITY OF BLAIR, NEBRASKA
t rl
BY (de --11,1"/ It ,.
ALFRED / SICK, MAYOR
•
STATE 0k NEBRASK
WASIlINCTO. COUNTY.
+fin
this 3 day of 'October.,` 1978, before me, the
dndersi.,gned,. t .Notary Public . In and .:. for. said County, personally
cacae Alfred
Nebraska,
O.: Sick, Mayor of the City
Lur.l, oration •.to me pe known to be the Mayor and identical
puracun .whose name is affixed :to the , 'above Easement, `.and ackrtow-
NOTA.. • US 0
• WITNESS m han and Notarial Seal at Stair, im a
County the day and year last above written.
on thereof
Off WES OF
O'HANLON 8 O14ANLON
LAWYERS
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